Monday, September 30, 2019

Famous Quotes for Teachers Essay

I often wonder about teachers who educated famous people such as Einstein, Abraham Lincoln, and the like. Were these teachers specially qualified to inspire their students to achieve fame and success? Or were these teachers Just plain lucky to have exceptionally talented students? Do some teachers have the rare quality of turning dust into gold? The answer may not be easy to find. Andy Rooney Most of us end up with no more than five or six people who remember us. Teachers have thousands of people who remember them for the rest of their lives. Haim G. Ginott Teachers are expected to reach unattainable goals with inadequate tools. The miracle is that at times they accomplish this impossible task. Anonymous Leading a child to learning’s treasures, gives a teacher untold pleasures Teachers don’t impact for a year, but for a lifetime. Chinese proverb Teachers open the door. You enter by yourself. Bill Muse I think a secure profession for young people is history teacher, because in the future, there will be so much more of it to teach. Howard Lester I have been maturing as a teacher. New experiences bring new sensitivities and flexibility†¦ Hippocrates I swear†¦ to hold my teacher in this art equal to my own parents; to make him partner in my livelihood; when he is in need of money to share mine with him; to consider his family as my own brothers and to teach them this art, if they want to learn it, without fee or indenture. Edward Blishen Life is amazing: and the teacher had better prepare himself to be a medium for that amazement.

Sunday, September 29, 2019

Consumer Buying Behavior †Marketing to teenagers Essay

Topic: Consumer Buying Behavior – Marketing to teenagers Article Summary: This article states that although only two percent of teenagers are smokers; fifty percent of tobacco companies marketing monies go to targeting teenagers. The author feels that the big tobacco companies target teenagers to help make up for those who ultimately die from tobacco related illnesses or realize on later in life that they need to stop smoking. It goes on to say that for every one person who dies from tobacco-related causes, two new smokers under the age of twenty-six start the habit. Although the Joe Camel cartoon advertising has since been removed, when that particular character was created the sales of Camel increased thirty-four percent in kids showing that campaign had an impact on who they were targeting and who began to purchase their product. The author goes on to say how impressionable teenagers and children are, as opposed to adults, and how stopping the tobacco use is not easy to do. Once someone starts it is a hard habit to break. Many of those who start smoking at an early age become addicted to the product before they are even of legal age to purchase the product. Even the warnings on the boxes are not enough to keep the young consumers from purchasing the product. Class Application: Cigarette companies need to market to the proper consumer market. A consumer market is purchasers and household members who intend to consume or benefit from the purchased product. By Camel advertising in  magazines, using â€Å"fun† cartoon characters, and also making tobacco use look cool, they are not targeting the proper market. Being sure to market cigarettes to those who are legally allowed to use the product is a must. They can still use a differentiated targeting strategy and market to those in different demographics, but they need to be sure to leave out those who are not legal to use the product. Cigarette companies should be using demographic segmentation variables to come up with ad campaigns geared towards the proper segments. With cigarettes, the companies have to focus on age since there is a legal age for smoking. Also, since cigarettes have been proven to be unhealthy and cause of cancer, among other things, they are not something that sho uld be advertised to children or teenagers; no matter what.

Saturday, September 28, 2019

Conflicts of Law Course Outline

2011 CONFLICT OF LAWS COURSE OUTLINE AND READING MATERIALS Books: Morris, The Conflict of Laws (3 ed. ) 1984 Cheshire and North, Private International law (11 ed. ) 1987 Collier, Conflict of Laws (1988) Reference: Dicey and Morris, Conflict of Laws (11 ed. ) 1987 Casebook: Morris and North, Cases and Materials on Private International Law (1984) Other works: Anton, Private International Law (of Scotland) 1967. Cook, Logical and Legal Bases of the Conflict of Laws (1942) ; Graveson, The Conflict of Laws (7 ed. ) 1974; Wolff, Private International Law (2 ed. ) 1950. INTRODUCTION 1. Nature and Scope of the Subject Morris Ch. 1 (and 34), Cheshire Ch. 1 Collier, Ch. 1, 2, 21, 22 Anton Ch. 2. Mehrunnissa v Parves (1981) KLR 547 2. Reasons for the basis of the Conflict of Laws: Theories: Territoriality, Vested Rights, Comity, Local Law; see Davies (1937) 18 BYIL 49. Slater v Mexican National Rly 194 US 120, 126 (1904) Loucks v Standard Oil Co. of NY. 224 N. Y. 99 (1918). JURISDICTION 1. Preliminary Issues Patel v Singh (No 2) (1987) KLR 585 2. Common Law Position Morris Ch. 6; Cheshire, Chs. 10,11; Collier Ch. 6; Dicey, Ch. 11. (a)Presence, Submission, Effectiveness Colt Industries v Sarlie (No. ) (1966) 1 W. L. R. 440; Maharanee of Baroda v Wildenstein (1972) 2 Q. B. 282; Re Dulles (1951) Ch. 842; Manta Line v Sofianites (1984) 1 L1. R. 14. Union Bank of M. E. v Clapham (1981) â€Å"Times†, 20 July. Obikoya v Silvernorth (1983) â€Å"Times† 6 July The Messianiki Tolmi (1984) 1L1. R. 266 Williams & Glyn`s v Astro Dinamico (1984) 1 All E. R. 760. Kanti v South British Ins. Co. Ltd. (1981) K. L. R. 1 (b)Limitations Cheshire Ch. 13 British South Africa Co v Companhia de Mocambique (1893) A. C 602 Mackinnon v Donaldson Lufkin and Jenrette Securities Corpn. (1986) 1 All E. R. 563 Ministry of Defence of the Govt of UK v Ndegwa (1983) K. L. R 68 (c)Staying of Actions Morris, Ch. 8; Cheshire Ch. 12; Collier Ch. 7; Dicey Ch. 13. (i)General St. Pierre v South American Stores (1936)1 K. B. 382, at 398; Logan v Bank of Scotland (No. 2) (1906) 1 K. B. 141; Egbert v Short (1907) 2 Ch 205; Re Norton`s Settlement (1908) 1 Ch. 471. Maharanee of Baroda v Wildenstein (1972) 2 . Q. B. 283; The Atlantic Star (1974) A. C. 436; McShannon v Rockware Glass (1978) A. C. 795; The Wladslaw Lokictek (1978) 2 L1. R. 520. The Wellamo (1980) 2 L1. R. 229. European Asian Bank v Punjab & Sind Bank (1981) 2 L1. R. 65. Coupland v Arabian Gulf Petroleum (1983) 2 All E. R. 436 (1983) 1 W. L. R. 1136 The Abidin Daver (1984) A. C. 398 The Jalakrishna (1983) 2 L1. R. 628. The Traugutt (1985) 1 L1. R. 76; The Forum Craftsmen (1985) 1 L1. R. 291. Spiliada v Cansulex (1987) A. C. 460. E. I. Pont de Nemours v Agnew (1987) 2 L1. R. 585; De Dampierre v de Dampierre (1988) A. C. 92. Ocean Sun v Fay (1988) 29 A. L. R. 9. The Francois Vieljeux (1982-88) 1 KAR 398, (1984) K. L. R.. 1 United India Insurance Company and Kenindia Insurance Companyv E. A Underwriter &Anor (1982-88) 1 KAR 639, ((1985) K. L. R 898 (ii)Lis Alibi Pendens St . Pierre v South American Stores (above); McHenry v Lewis (1882) 22 Ch. D. 397; Cohen v Rothfield (1919) 1 K. B. 410; Ionian Bank v Coouvreur (1969) 1 W. L. R. 781; The Christianborg (1885) 10 P. D. 141; The Atlantic Star (1974) A. C. 436. Bushby v Munday (1821) 5 Madd. 297; Orr-Lewis v O-L (1949) P. 347; Sealy (orse. Callan) v Callan (1953) P. 135. The Tyllie Lykes (1977) 1 L1. R. 436 Castanho v Brown & Root (1981) A. C. 557; The Abidin Daver (1984) A. C. 398; Metall und Rohstoff v ACLI Metals (1984) 1 L1. R. 598; Societe N. I. Aerospitiale v Lee Kui Jak (1987) A. C. 871; South Carolina v Ass. de Zeven Provincien (1987) A. C. 24; Meadows Insurance v Ins. Corp. of Ireland (1989) 2 L1. R. 298; Pont de Nemours v Agnew (1988) 2 L1. R. 240; A-G v Arthur Anderson (1988) `Independent` 31 March (iii)Submission to Foreign Arbitration or Foreign Court Arbitration Act (Act N0. 4 of 1995)); Law v Garret (1878) 8 Ch. D. 26 ; The Fehmarn (1958) 1 W. L. R. 159; Mackender v Feldia (1967) 2 Q. B. 590; The Eleftheria (1970) P. 94; Evans Marshall v Bertola (1973) 1 W. L. R. 349. The Vishva Prabha (1979) 2 L. 1. Rep. 286. Carvalho v Hull Blyth (1979) 1 W. L. R. 1228. The El Amria (1980) 1 L1. R. 39; The Kislovodsk (1980) 1 L1. R. 183; Trendex v Credit Suisse (1982) A. C. 679; The Biskra (1983) 2 L1. R. 59; The Hollandia (1983) A. C. 565; The Benarty (1985) Q. B. 325. The Atlantic Song (1983) 2 L1. R. 394. Kisumuwaalla Oil Industries and PanAsiatic Commodities Pte Ltd v E. A. Storage Company Ltd Civil Appeal No 100 of 1995 Naizsons (K) Ltd v China Road and Bridge Corp (Kenya) (2001) 2 E. A. 502 Friendship Container Manufacturers Ltd. v Mitchell Cotts (K) Ltd (2001 2 E. A. 38 Tononoka Steels Ltd v The Eastern ans Souther Africa Development Bank 2 (2000) E. A. 536 Indigo E. P. Z. Ltd v. The P. T. A Bank (2002) 1K. L. R. 811 Raytheon Aircraft Credit Corpn & Anor v Air Al-Faray Ltd (2005) eKLR (iv)Proceedings abroad Settlement Corpn. v Hochschild (1966) Ch. 10; Smith Kline & French v Bloch (1983) 1 W. L. R. 730; Societe Nationale Industrielle Aerospatiale v Lee Ku i Jak (1987) 3 All. E. R. 510 British Airways v Laker Airways (1985) A. C. 58; Smith Kline & Bloch (No. 2) (1984) `Times` 14 Nov; Midland Bank v Laker Airways (1986) 1 All E. R. 526. 3. Statutory Position Service out of the jurisdiction under Civil Procedure Rules only with leave of the court: Order V Rule 21 a) General Principles: The Hagen (1908) P. 189; GAF v Amchen (1975) 1 L1. R. 601: Amin Rasheed v Kuwait Insurance (1984) A. C. 50: Spiliada Maritime v Cansulex (1987) A. C. 460. Mackender v Feldia (1967) 2 Q. B. 590; Evans Marshall v Bertola (1973) 1 W. L. R. 349; Attock Cement v Romanian Bank (1989) 1 W. L. R. 1147; Matthews v Kuwait Bechtel (1959) 2 Q. B. 57. b) Domicile: Re Liddell`s ST (1936) Ch. 365. (Ord 11, rule 4) c) Injunction: Rosler v Hilbery (1925) Ch. 250: The Siskina (1979) A. C. 210(CJ and J Act 1982 s. 25 ). X v Y and Y Republic of Haiti v Duvalier (1990) Q. B. 202. d) Necessary or proper party: Chancy v Murphy (1948) W. N. 130 Witted v Galbraith (1949) A. C. 326; The Brabo (1949) A. C. 326 Multinational Gas v M. G. Services (1983) 3 W. L. R. 492. Qatar Petroleum v Shell (1983) L1. R. 35. e) Contract: Finnish Marine v Protective Ins. (1990) 2 W. L. R. 914; Hutton v Moffarij (1989) 1 W. L. R. 488; Entores v Miles Far East Corporation (1955) 2 Q. B. 327: Brinkibon v Stahag Stahl (1982) 2 A. C. 34 Islamic Arab Insurance v Saudi Egyptian (1987) 1 L. R. 315; National Mortgage Co of NZ v Gosselin (1922) 38 T. L. R. 382; See cases on proper law of contract, esp. Amin Rasheed v Kuwait Insurance (1984) A. C. 50; The Magnum (1988) 1 L1. R. 47; The Chapparal (1968) 2 L1. R. 158; Johnson v Taylor (1920) A. C. 144: f) Tort: Handelskwerkerij be Bier v Mines de Potasse. (1978) Q. B. 708 Metall u Rohstoff v Donaldson Lufkin (1990) Q. B. 391. g) Land: Agnew v Ussher (1884) 14 Q. B. D. 78; Kaye v Sutherland (1887) 20 Q. B. D. 147: Tassel v Hallen (1892) 1 Q. B. 321: Official Reciever v Stype (1983) 1 W. L. R. 214. (h)Trusts: i)Administration of estates, probate: (j)Enforcement of judgement and awards 4. Brussels Convention (a)Objectives; comparison with common law: Berisford v New Hampshire (1990) 2 All E. R. 321; Arkwright v Bryanston (1990) 2 All E. R 335. Owusu v Jackson and Others Case C-128/01 Cheshire, Chs. 14, 16; Collier Ch. 9; Dicey, Chs. 11, 14. Part I. b) Interpretation: (Reference to European Court: arts 2, 3) LTU v Eurocontrol (1 976) ECR 1561; Bavaria & Germania v Eurocontrol (1977) ECR 1517; Netherlands v Ruffer (1980) ECR 3807; Gourdain v Nadler (1979) ECR 733; Bertrand v Ott (1978) ECR 1431; Somafer v Saar-Ferngas (1978) ECR 2183; Industrial Diamond Supplies v Riva (1977) ECR 2175; Duijnstee v Goderbauer (1983) ECR 3663; . Tessili v Dunlop (1976) ECR 1473. c) Sphere of application: civil and commercial matters (art. 1): LTU v Eurocontrol; Bavaria and Germania v Eurocontrol; Netherlands v Ruffer. Exceptions: De cavel v De C. (No. 1) (1979) ECR 105; (No. 2) (1980) ECR 731; W v H (1982) ECR 1189; see also The Deichland (1990) Q. B. 361. d) Jurisdiction (Arts 2-23): i) General rule: domicile of defendant (art 2); definition: (arts 2-3 The Deichland (1989) 3 W. L. R. 478 i) Special (concurrent) jurisdiction (Arts. 5-6) especially 1. Contract: place of performance of obligation: Effer v Kantner (1982) ECR 825; De Bloos v Bouyer (1976) ECR 1473; Ivenel v Schwab (1982) ECR 1891 Zelger v Salinitri (1980) ECR 89; Martin Peters v Zuid Nederlandsche (1983) ECR 987; Shenavai v Kreischer (1987) 3 C. M. L. R. 782 Tesam v Shuh Mode (1989) `Times` 24 October; Medway v Meurer (1990) `Time s` 7 May 2. Tort: where the harmful event occurred: Netherlands v Ruffer (1980) ECR 3807 at 3833; Kalfelis v Schroder (1988) `Times` 5 October; Bier v Mines de Potasse (1976) ECR 1735, (1978) Q. B. 708. Minister Investments v Hyundai (1988) 2 L1. R. 621 3. Branch, agency etc: Somafer v Sarr-Ferngas (1978) ECR 2183; De Bloos v Bouyer; Blanckaert & Willems v Trost (1981) ECR 819; Sar Schotte v Parfums Rothschild (1988) `Times`12 January. 4. Insurance (arts. 7-12); Consumer Contracts (arts. 13-15); Bertrand v Ott (1978) ECR 1431. iii) Exclusive jurisdiction (art 16) especially: 1. Immovables: Sanders v Van der Putte (1977) ECR 2383 Roessler v Rottwinkel (1985) CMLR. 806; Scherrens v Maenhout (1988) `Times` 5 September. 2. Companies or Legal Persons 3. Enforcement of judgment iv) Submission v) Contractual agreement (art 17). Elefanten Schuh v Jacqmain (1981) 1671;. Meeth v Glacetal (1978) ECR 2133; Salotti v Ruwa (1976) ECR 1831; Segoura v Bonakdarian, 1976 ECR 1851; Iveco Fiat v Van Hool (1988) 1 CMLR. 5757; Anterist v Credit Lyonnais (1987) 1 CMLR 333. National Law: Sanicentral v Collin (1979) ECR 3423 ; Ms Tilly Russ v Haven (1985) 3 W. L. R. 179; Other submission (art. 18) Elefanten Schuh v Jacqmain; Rohr v Ossberger (1981) ECR 2431; W v H (1982) ECR 1189; Gerling v Tesoro (1983) ECR 2503; Berghoefer v A. S. A. (1986) 1 CMLR 13; The Sidney Express (1988) 2 L1. R. 257. vi) Scrutiny of jurisdiction and admissibility (arts. 19-20) ii) Lis pendens – related action (arts. 21-23) The Nordglimt (198) Q. B. 183; The Linda (1988) 1 L1. R. 175; Gubisch Maschinenfabrik v Palumbo (1988) `Times` 12 January; Kloeckner v Gatoil (1990) 1 L1. R. 177; Berisford v New Hampshire; (1990) 2 All E. R. 335. viii) Provisional and protective measures (art. 24) CHOICE OF LAW 1. General Considerations Reading list: Kahn- Freund, General Problems of Private International Law Leyden, 1976 and 1980, 89-101 Wolff, Private International Law, 2nd ed, 96ff. Forsyyth, Private Interational Law, (first edition) Juta & co, 1981, 5-7. (2nd edition, 1989, pages 4-8) a)The History of the choice of law rule Lipstein, `Principles of the conflict of laws, National and International’ 1981, 1-46. Cheshire, op cit, chapter 2. Kahn-Freund, op cit, 97-101 Forsyth, 20-57. (b)Pleading Foreign Law The Evidence Act, section 60 A. G. of New Zealand v Ortiz (1984) A. C. 1 Vervaeke v Smith (1983) 1 A. C. 145 (c) Renvoi Kahn-Freund, op cit, 285-291. Anton, 55ff Morris, 469-480 Cheshire, 57ff Forsyth, 68-78. Munro, `The Magic Roundabout of Conflict of Laws’ 1978 Juridicial Review 65 Hicks, `The Lair Paradox in Legal Reasoning’ 1971 CLJ 275 at 284 and 289. In re Annesley: Davidson v Annesley [1926] ch 692 In re Ross, Ross v Waterfield [1930] 1 ch 377 Collier v Rivaz (1841) 2 Curt 855 Re Askew [1930] 2 ch 259 Re O’Keefe [1949] ch 124 Re Trufort (1887) 36 ch D 600 R v Brentwood Superintendent Registrar of Marriages, ex parte Arias [1968] 2 QB 956 Amin Rasheed Shipping Corporation v Kuwait Insurance Co [1984] AC 50 (d)The incidental question Kahn- Freund, op cit, 291-294. Morris, op cit, 489-492. Cheshire, Private International Law, 53ff. Forsyth, op cit, 2nd ed, 78-81. Gotlieb, `The incidental question revisited- theory and practise in the conflict of Laws’ (1977) 26 ICLQ 734. Schwebel v Ungar (1926) 42DLR (2d) 622 affd (1964) 48 DLR (2d) 644 Lawrence v Lawrence [1985] Fam 106 (e) Characterisation Kahn-Freund, op cit, 223-241 Cheshire, op cit, 43-52. Morris, op cit, 481-488 Falconbridge `Conflicts Rule and Characterization of Question’ (1952) 30 Canadian Bar Review 103 and 264. Anton,op cit 43ff Forsyth, op cit. , 59-69 Forsyth, `Extinctive Prescription and the Lex Fori’ (1982)99 SALJ 16 Forsyth, `Characterization etc’ (1987) 104 SALJ 4 Bennett, `Cumulation and Gap: Are they systemic defects in the conflict of Laws? ’ (1988) 105 SALJ 444 Ogden v Ogden [1908] p 46 Huber v Steiner (1835) 2 Bing NC 202 Re Maldonado [1954] p 223 Re Cohn [1945] ch 5 In re State of Norway’s Application (No 2) [1989] 1 ALL ER 701 (CA) and 745 (HL) (f)Domicile and Residence Morris, Ch. 2; Cheshire Ch. 9; Collier, Ch. 5; Dicey Ch. 7. Law of Domicil Act Cap 37 (i)Definition Whicker v Hume (1858) 7 H. L. C. 124; Gatty v A-G. (1951) P. 144; Udny v Udny (1869) L. R. 1 Sc. & D. 441; Re Annesly (1926) Ch. 692. (ii)Domicile of Origin Udny v U. ; Urquhart v Butterfield (1887) 37 Ch. D. 357; Re McKenzie (1951) 51 S. R. N. S. W. 293; Henderson v H (1967) P. 77; Re Jones 192 Iowa 78 (1921). (iii)Domicile of Choice Schiratti v Schiratti (1978) K. L. R 128; White v Tennant 31 W, Va. 790 (1888) ; Re Fuld (No. 3) (1968) P. 675; Bell v Kennedy (1868) L. R. 1 Sc. Div. 307; Winans v A-G (1904) A. C. 287; Ramsey v Royal Liverpool Infirmary (1930) A. C. 588; Ross v Ross (1930) A. C. 1; Buswell v I. R. C. (1974) 1 W. L. R. 1631; I. R. C. v Bullock (1976) 1 W. L. R. 1178. Puttick v A. G. (1980) Fam. 1. Re Furse (1980) 3 All E. R. 838. Brown v B. (1982) 3 F. L. R. 212; Re Clore (1984) S. T. C. 609; Cramer v C (1987) 1 F. L. R. 116; IRC v Plummer (1988) 1 W. L. R. 292; Re Lloyd Evans (1947) Ch 695; Tee v Tee (1973) 3 All. E. R. 1105 iii) Special Cases 1. Naturalisation: Wahl v A-G. (1932) 147 L. T. 382; Re Fuld. 2. Deportees: Boldirini v B. (1932) P. 9; May v May (1943) 2 All E. R. 146; Szechter v S. (1971) P. 286; Zanelli v Z (1948) 64 T. L. R. 556; Cruh v C (1945) 2 All E. R. 545. 3. Fugitives and Refugees: Re Martin (1900) P. 211; De Bonneval v D. B. (1838) 1 Curt. 856; Re Lloyd-Evans (1947) Ch. 695; May v M. 4. Invalids: Hoskins v Matthews (1855) 8 D. M. & G. 13; Re James (1908) 98 L. T. 438. 5. Servicemen: Sellars v S. 1942 S. C. 206; Donaldson v D. (1949) P. 363; Cruishanks v C. (1957) 1 All E. R. 889; Stone v S. (1958) 1 W. L. R. 1287. 6. Abandonment: In b. Raffenel (1863) 3 S. W. & Tr. 49; Zannelli v Z. ; b (1968) 1 ALL E. R. 49; Tee v Tee (1974) 1 W. L. R. 213. (iv)Domicile of Dependancy (see 37 M. L. R. 179) 1. Married Women: A-G. for Alberta v Cook (1926) A. C. 444; Re Scullard (1957) Ch. 107; Domicile and Matrimonnial Proceedings Act 1973, s. 1. Puttick v A-G (1980) Fam. 1. Oundian v O. (1980) Fam. L. R. 198. IRC v Portland (1982) Ch. 314. 2. Children: Johnstone v Beattie (1843) 10 Cl. & F. 42; Harrison v H. (1953) 1 W. L. R. 865; Potinger v Wightman (1817) 3 Mer. 67; Re Beaumont (1893) 3 Ch. 490; Hope v H. (1968) N. Ir. 1; Shanks v S. 1965 S. L. T. 330; Domicile Act, 1973 ss. 3, 4. 3. Insane Persons: Urquhart v Butterfield; Crumpton`s Judicial Factor v Finch-Noyes 1918 S. C. 378; Sharpe v Crispin (1860) L. R. 1 P. D. 611 (v)Residence 1. Habitual Residence: Cruse v Chittum (1974) 2 All E. R. 940; 24 I. C. L. Q. 1. ; Kapur v K. (1984) F. L. R. 920. 2. Ordinary Residence: Levene v I. R. C. (1928) A. C. 217; Hopkins v H. (1951) P. 116; Stransky v S. (1954) P. 248; Lewis v L. (1956) 1 W. L. R. 200. Re P (GE) (An Infant) (1965) Ch. 568. R v Barnet L. B. C. ex. P. Nilish Shah (1983) 2 A. C. 309. (vi)Corporations 1. Status National Bank of Greece and Anthens v Metliss (1958) A. C. 509; Adams v National Bank of Greece S. A. (1961) A. C. 225. 2. Domicile and Residence Ridsdon Iron and Locomotive Works v Furness (1906) 1 K. B. 49; Cesena Sulphur Co. v Nicholson (1876) 1 Ex. D. 428; De Beers Consolidated v Howe (1906) A. C. 455; Egyptian Delta Land & Co. v Todd (1929) A. C. 1; Swedish Central Rly v Thompson (1925) A. C. 495; Unit Construction Co. v Bullock (1960) A. C. 351; Gasque v I. R. C. (1940) 2 K. B. 80;. Shah v Barnet London Borough Council (1983) 1 All. E. R. 226; Kapur v Kapur (1985) Fam Law. Rep. 22 2. Substantive Choice of Law Rules (a)Marriage Bishop, `Choice of Law of Impotence and Wilful Refusal`, (1978) 41 MLR 512. Carter, `Capacity to Remarry After Foreign Divorce`, (1985) 101 LQR 496. Fentiman, `The Validity of marriage and the Proper Law`, (1985) CLJ 256. Hartley, `Polygamy and Social Policy`, (1969) 32 MLR 155; `The Policy Basis of the English Conflict of Laws of Marriage`, (1972) 35 MLR 571. Jaffey, `The Essential Validity of Marriage in the English Conflict of Laws`, (1978) 41 MLR 38; `The Incidental Question and Capacity to Remarry`, (1985) 48 MLR 465. North, `Development of Rules of Private International Law in the Field of Family Law`, (1980) I Recueil des Cours 17. Poulter, `Hyde v Hyde – A Reappraisal` (1976) 25 ICLQ 475. Smart, `Interest Analysis, False Conflicts and the Essential Validity of Marriage`, (1985) 14 Anglo-Amer L Rev 225. Stone, `Some Aspects of Fundamental Rights in the English Conflict of Laws` in Bridge et al (eds) Fundamental Rights (1973) London, Sweet & Maxwell, pp 232, 246-7; `Capacity for Polygamy – Judicial Rectification of Legislative Error` (1983) Fam Law 76. Brook v Brook (1861) 9 HL Cas 193 De Reneville v de Reneville (1948) P 100 Cheni v Cheni (1965) P 85 Lawrence v Lawrence (1985) 2 All E. R. 733 Re Paine (1940) Ch 46 Sottomayer v De Barros (No 2) (1879) 5 PD 94 Ogden v Ogden (1908) P 46 Vervaeke v Smith (1981) 1 All ER 55 Mohammed v Knott (1969) 1 QB 1 Pugh v Pugh (1951) P 482 Radwan v Radwan (No 2) (1972) 3 All ER 1026 R v Brentwood Marriage Registrar (1968) 3 All ER 279 Schwebel v Ungar (1964) 48 DLR (2d) 644 Breen v Breen (1964) P 144 Schezter v Schezter (1971) P 286 Way v Way (1950) P 71 Ponticelli v Ponticelli (1958) P 204 Berthiaume v Dastous (1930) A C 79 Starkowski v AG (1954) AC 155 Lodge v Lodge (1967) 107 Sol Jo. 437 Tackzanowska v Tackzanowski (1957) P 301 (b)Matrimonial Causes Forsyth, `Recognition of Extra-Judicial Divorces: The Transnational Divoce`, (1985) 34 ICLQ 398. Jaffey, `Vervaeke v Smith`, (1983) 32 ICLQ 500. Karsten, `Recognition of Non-Judicial Divorces`, (1980) 43 MLR 202. McClean, Recognition of Family Judgements in the Commonwealth (1983) London, Butterworths. North, The Private International Law of Matrimonial Causes in the British Isles and the Republic of Ireland (1977) Amsterdam, North-Holland Publishing Co. Stone, `The Recognition in England of Talaq Divorces`, (1985) 14 Anglo-Amer L Rev 363. Young, `The Recognition of Extra-Judicial DIvorces`, (1987) 7 LS 78. Schiratti v Schiratti (1978) K. L. R 128 Le Mesurier v Le Mesurier (1895) AC 517 Armitage v AG (1906) P 135 Indyka v Indyka (1969) 1AC 33 Re Meyer (1971) P 298 Salvesen v Australian Propety Administrator (1927) AC 641 Re Edgerton's Wills Trust (1956) Ch 593 Duke of Malborough v AG (1945) Ch 78 Cooper v Cooper (1888) 13 App Cas 88 Callwood v Callwood (1960) AC 659 Harvey v Farnie (1882) 8 App Cas 43 Travers v Holley (1953) P 246 Quazi v Quazi (1980) AC 794 Bater v Bater (1906) P 209 Kendall v Kendall (1971) 1 All ER 378 Merker v Merker (1963) P 283 Re Bankes (1902) 2 Ch 333 Re De Nichols (1900) 2 Ch 410 De Nichols v Curlier (1900) AC 21 (c) Contracts Cheshire, International Contracts (1948). Fletcher, Conflict of Law and European Community Law, Amsterdam, North-Holland Publishing Co, Chapter 5. Jaffey, `Essential Validity of Contracts in the English Conflicts of Laws`, (1974) 23 ICLQ 1; `Offer and Acceptance and Related Questions in the English Conflict of Laws` (1975) 24 ICLQ 603; `The English Proper Law Doctrine and the EEC Convention`, (1984) 33 ICLQ 531. Lasok and Stone, Conflict of Laws in the European Community (1987) Abingdon, Professional Books, Chapter 9. Libling, `Formation of International Contracts`, (1979) 42 MLR 169. Mann, `The Proper Law of the Contract`, (1950) 3 ICLQ 60 and 597; `Proper Law and Illegality in Private International Law` (1973) 18 BYIL 97. Morris, `The Proper Law of a Contract: a Reply`, (1950) 3 ILQ 197. North, `Varying the Proper Law`, in Multum non Multa, Festschrift for Kurt Lipstein (1980), Heidelberg, Muller, p 205. Pierce, `Post-Formation Choice of Law in Contract`, (1987) 50 MLR 176. Karachi Gas Ltd. v Issaq (1965) E. A. 42 Bonython v Commonwealth of Australia (1951) AC 201 Amin Rasheed Case (Supra) Campagnie D'Armement Maritime SA v Cie Tunisienne de Navigation SA (1971) AC 572 Broken Hill Pty Co Ltd v Xenakis (1982) 2 Ll Rep 304 Royal Exchange Assurance Corp v Sjofarsakrings Akt Vega (1902) 2 KB 384 The Adriatic (1931) P 241 Sayers v International Drilling Co NV (1971) 3 All ER 163 Rossano v Manufactures Life Assurance Co (1963) 2 QB 352 Coast Lines Ltd v Hudig and Veder Chartering (1972) 2 QB 34 Vita Food Products Inc v Unus Shipping Co Ltd (1939) AC 277 The Iran Vojdan (1984) 2 Ll Rep 380 The Mariannina (1983) 1 Ll Rep 12 De Dampierre v De Dampierre (1987) 2 All. E. R. 1 (d)Torts Briggs, `What Did Boys v Chaplin Decide? `, (1983) 12 Anglo-Amer L Rev 237. Carter, `Torts in English Private International Law`, (1981) 52 BYIL 9. Fawcett, `Policy Considerations in Tort Choice of Law`, (1984) 47 MLR 650. Jaffey, `Choice of Law inTort: A Justice-Based Approach`, (1982) 2 LS 98. Karsten, `Chaplin v Boys: Another Analysis`, (1970) 19 ICLQ 35. Kahn-Freund, `Delictual Liability and the Conflict of Laws`, (1968) II Recueil des Cours, 5. Law Commission Working Paper No 87, `Choice of Law in Tort` (1984). Lasok and Stone, Conflict of Laws in European Community (1987) Abingdon, Professional Books, Chapter 9. McGregor, `The International Accident problem`, (1907) 33 MLR 1. Morris, `Torts in the Conflicts of Laws`, (1949) 12 MLR 248; `The Proper Law of a Tort` (1951) 64 Harv L Rev 881. Morse, Torts in Private International Law (1978) Amsterdam, North-Holland Publishing Co. North, `Contract as a Tort Defence in the Conflict of Laws`, (1977) 26 ICLQ 914. Clarence Smith, `Torts and the Conflict of Laws`, (1957) 20 MLR 447. The Halley (1868) LR 2 PC 193 Phillips v Eyre (1870) LR 6 QB 1 Machado V Fontes (1897) 2 QB 231 Mclean v Pettigrew (1945) 2 DLR 65 Mackinnon v Iberia Shipping Company (1954) 2 Ll 372 Babcock v Jackson 12 NY 2d 473 Reich v Purcell 432 P 2d 727 Chaplin v Boys (1971) AC 356 Church of Scientology of California v Metropolitan Police Commr (1976) 120 Sol Jo 690 Coupland v Arabian Gulf Petroleum Co. 1983) 2 All E. R. 434 (e)Succession Re Annesley (1926) Ch 692 Re Ross (1930) 1 Ch 377 Re Cunnington (1924) 1 Ch 68 Re Fergusson’s Will (1902) 1 Ch 483 Re Price (1900) 1 Ch 442 Re Lewal’s Settlement Trust (1918) 2 Ch 391 Re Fuld’s Estate (No 3) (1968) P 675 Re Schnapper (1928) Ch 420 Re Hellman’s Will (1866) LR 2 Eq. 363 Re Martin (19 00) P 211 Re Miller (1914) 1 Ch 511 Phillip- Stow v IRC (1961) AC 727 Re Collens (1986) Ch 505 Re O’ Keefe (1940) Ch 124 Law of Succession Act, section 16 (f) Transfer of Property Inter Vivos Davis, `Conditional Sales and Chattel Mortgages in the Conflict of Law`, (1964) 13 ICLQ 53. Winkworth v Christie, Manson & Woods Ltd (1980) Ch 496 Adams v Clutterbuck (1883) 10 QBD 403 Re Smith (1916) 2 Ch 206 Bank of Africa Ltd v Cohen (1909) 2 Ch 129 Bank voor Handel en Scheepvart NV v Slatford (1953) 1 QB 248 Hardwick Game Farm v Suffolk Agricultural and Poultry Producers Association (1966) 1 All ER 306 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS Morris, Ch. 9; Cheshire Ch. 15; Collier Ch. 8; Dicey, Ch. 14; Anton, Ch. 26; . 1. Recognition /Enforcement 2. Enforcement of Judgements in personam a) Action of judgement at Common Law Grant v Easton (1883) 13 Ch. D. 302 (GA) (b)Registration under Statute Foreign Judgements Reciprocal Enforcement Act (Cap 43) Trepca Mines (1960) 1 W. L. R. 1273 at 1282; Rossano v Manufacturers Life Ins. Co. (1963) 2 Q. B. 352; Sidmetal v Titan (1966) 1 Q. B. 828; Black-Clawson v Papierwerke (1975) A. C. 591. 3. Jurisdiction of Foreign Court Buchanan v Rucker (1808) 9 East 193; Sirdar Gurdyal Singh v Rajah of Faridkote (1894) A. C. 670; Emanuel v Symon (1908) 1 K. B. 302, 309. (a)Presence or Residence at time of service of process Carrick v Hancock (1895) 12 T. L. R. 59; Blohn v Desser (1962) 2 Q. B. 116; 1933 Act s. 4 (2) (a) (iv). b) Residence of companies Littauer Glove Co. v F. W. Millington (1928) 44 T. L. R. 746; Sfier v National Ins. Co. of N. Z. (1964) 1 L1. R. 330; Vogel v Kohnstamm Ltd. (1973) Q. B. 133; Adams v Cape Industries (1990) 2 W. L. R. 657. (c)Submission to Foreign Courts i) As Plaintiff: Schibsby v Westenholtz (1870) L. R. 6 Q. B. 155, 161, or as counterclaimant: Cap 43s. 4 (2) (a) (ii). ii) Contract of Agreement to Submit: Feyerick v Hubbard (1902) 71 L. J. K. B. 509; Cap 43 s. 4 (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. iii) As defendant pleading to the merits: Cap 43 s. (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. (d)Office or Place of Business Cap 43 s. 4 (1) (e) Italframe Ltd vs Mediterranean Shipping Co (1986) KLR 54 Gathuna v African Orthodox Church of Kenya (1982) KLR 356 4. Defence when Foreign Court has Jurisdiction d. (a)Fraud: Ochsenbein v Papelier (1893) L. R. 8 Ch. App. 695; Abo uloff v Oppenheimer (1882) 10 Q. B. D. 310; Syal v Heyward (1948) 2 K. B. 443; Jet Holdings v Patel (1990) Q. B. 335; House of Spring Gardens v Waite (1990) 3 W. L. R. 347; Cap 43 s. 10(1) (h) . (b)Natural Justice Price v Dewhurst (1837) 8 Sim. 279; Scarpetta v Lowenfield (1911) 27 T. L. R. 424; Jacobson v Franchon (1927) 138 L. T. 386; Gray v Formosa (1963) P. 259; Lepre v Lepre (1965) P. 52; Adams v Cape Industries (1990) 2 W. L. R. 657; Cap 43 s. 10 (1) (g) c) Public Policy Re Macartney (1921) 1 Ch. 522; Armitage v Nanchen (1983) 4 F. L. R. 293; Phrantzes v Argenti (1960) 2 Q. B. 19; Mayo-Perrot v M-P (1958) Ir. R 336. Cap 43. 4 (1) (a) (v). Israel Discount Bank of N. Y. v Hadjipateras (1983) 3 All E. R. 129. Vervaeke v Smith (1983) 1 A. C. 145; Cap 43 s. 10 (1) (n) 5. Requirements for and Method of Enforcement a)Must be â€Å"final and conclusive† Nouvion v Freeman (1889) 15 App. Cas 1; Colt Industries v Sarlie (No. 2) (1966) 1 W. L. R. 1287; Berliner Indusrie Bank v Jost (1971) 2 Q. B. 463; Cap 43 s. 3 (2) (b) (b)Must be for debt or fixed sum: Sadler v Robins (1808) 1 Camp. 253. Harrop v H. (1920) 3 K. B. 386; Beatty v B (1924) 1 K. B. 807; Cap 43 s. 3 (2) (a) (c)Must not be for ta xes or a penalty: Huntington v Attril (1893) A. C. 150; Raulin v Fischer (1911) 2 K. B. 93; Schemmer v Property Resources (1975) Ch. 273; SA Consortium v Sun and Sand (1978) Q. B. 279; U. S. A. v Inkley (1989) Q. B. 255; Cap 43 s. 3 (3) (a)

Friday, September 27, 2019

Strategic Marketing of The North Face Case Study

Strategic Marketing of The North Face - Case Study Example The company obtains a competitive position of the market and a strong band image. Its innovations and product development strategies support its further growth and open new market opportunities. When product life cycles are short (or consumers demands are changed) technological improvement becomes an essential requirement of company strategy. The aim of strategic marketing is to meet the needs and expectations of customers, and the organization's ability and capacity to satisfy them. For this matching process to take place successfully, a company must understand who is the customer and what value is required, and how best to deliver this value on a sustainable basis in line with the organization's overall corporate objectives. The North Face is one of the companies which develops unique strategies and marketing approach in order to compete on the market and increase sales. The North Face is a specialty retailer which 'designed, manufactured and sold high quality outdoor equipment and clothing" (Mezzatesta and Cook 743). The mission of the North Face is to reach wider target market and expend its activities to new markets. The strategic aim is a continuous growth and expansion into new products. High quality is used as a strategic weapon and the aim of The North Face is to maintain high quality standards at costs lower than competitors. The current objective of the company is to find the best way to distribute the new skiwear line. Also, the objective is to remain a market leader and strengthen its dealer structure around the world. 3.2. External Environment The North Face operates on the dynamic market where the main objective is to maintain successful marketing communication strategies, implement high product quality and develop strategies to improve customer relations and manufacturing. The purpose of the North Face is to get and keep a customer proposing high quality innovative products. Political-legal forces acting upon the North Face allocate power and provide constraining and protecting laws and regulations. The company does not influenced greatly by political and legal changes. In spite of the fact that the North Face is a US-based company, it is affected by international trade regulations and laws. Environmental changes suggest that the opening up of the market and the resultant increased competition has widened the perspective of the planning framework with profound implications. Thus, the main threat for the North Face is that its competitors begin to copy its products. The social environment includes general forces that do n ot directly touch on the short. Economic forces regulate the exchange of materials, money, energy, and information. This environment proposes great challenges for the North Fac

Thursday, September 26, 2019

The role and structure of IASB Essay Example | Topics and Well Written Essays - 2000 words - 1

The role and structure of IASB - Essay Example This group formulating and developing accounting standards turned out to be the basis of the establishment of an independent accounting body for the purpose of issuing accounting standards to be used worldwide, which was named as International Accounting Standards Committee (IASC) (Knowledge Guide to International Accounting Standards, accessed 14.02.06). The International Accounting Standards Committee (IASC) was formed in the year 1973 in the pursuit of international community towards the development of accounting standards capable of being used throughout the world and IASC focused on this mission soon after its creation. Initially ten countries collaborated their efforts for the formation of International Accounting Standards Committee. During the reign of IASC, several accounting standards were developed but the goal of harmonisation could not be achieved due the lack of implementation of those standards. Furthermore, those standards provided great room for the manipulators to play around with the rules and regulation. It was in 1997 that IASC realised the significance of harmonised accounting standards and the increasing need for comparability of financial statements at a global level leading to the restructuring and remodelling of IASC. In the year 2001, the standard setting responsibilities of International Accounting Standards Committee was taken over by the new International Accounting Standards Board (IASB) with a view to restructure it to meet the challenges of the 21st century (Accounting: Introduction: background to the introduction of International Accounting Standards: a brief history, accessed 14.02.06). The International Accounting Standards Board (IASB) works under the supervision of International Accounting Standards Committee Foundation (IASCF), which was created in March 2001. The existing new structure consists of IASB, being given the responsibility to formulate and

Critically assess the importance of solar variability, volcanic Essay

Critically assess the importance of solar variability, volcanic eruptions and greenhouse gas concentrations as climate forcing f - Essay Example Climate change is brought about by many factors. These include circulation of the oceanic processes, solar variations, volcanic eruptions, plate tectonic activities and human factors. Studies to determine the level of climate change is done using observation and theorems. Factors that affect climate are called climate forcings (Yang et al,2000) .They are internal and external climate forcings; these forcings affect some parts of the environment faster or slower depending on the position of the given atmospheric location. The ocean is known to respond slowly to climate forcings. Forcings are either internal or external depending on the genesis of the process (Valet, 2003). Internal forcings include natural processes within the atmosphere like volcanic eruptions, tectonic plate movements, variations in solar radiations and concentration of greenhouse gas effects (Geel et al., 1999). External forcings are human activities that lead to the emission of dangerous gases into the atmosphere. There also are climate change feedbacks which are elements that act in three ways to climatic forcings (Orr, 1999). It can be sudden, where there occurs a sudden cooling effect occasioned by a high presence of volcanic ash in the atmosphere which will reflect sunlight and heat. It can be gradual, in this case, the water bodies become warm slowly; and then overflow. The third possibility is a combination of both fast and slow reactions, in such a situation a sudden cooling of ice is experienced in the Arctic Ocean followed by a sudden meltdown of the ocean ice (Grootes and Stuiver, 1997). Currently, we are in a period between two ice ages, and if there are no other influences, another ice age will occur in a time scale of thousands of years. The rate of global temperature change linked to astronomical forcing is approximated to be in the order of a few tenths of a degree Celsius per thousand years (Washington et al., 2001). Solar Variations Information on solar changes is obtained f rom cosmogenic radionuclide records. The variables used in this study illustrate how changes over periods of time have influenced the climatic conditions of given geographical regulates and the production of carbon dioxide. (Svensmark and Friis-Christensen, 1997). High powered galactic cosmic rays induce a reactivity series of nuclear reactions that produce cosmogenic radionuclide in the atmosphere. When elements carrying high energy hit oxygen and nitrogen in the atmosphere, Be (beryllium) is formed. Further reactions of this element with nitrogen form slow neutrons. The sun regulates the intensity of the galactic cosmic rays (GCR) that reaches the earth’s surface and in this way, affects the production of radionuclides in the atmosphere. After Be is formed, it combines with aerosols and hangs in the atmosphere for one to two years (Mc Hargue and Damon, 1997). Disparities in 10Be records between Antarctica and Greenland during 1950 AD have led to differing conclusions regard ing solar activity in this period (Lean, 1991). According to Greenland records, there was low 10 Be production after 1950 AD but in the Antarctic records, the trend is opposite. These 11-year averages of sunspot data and the neutron monitor show

Wednesday, September 25, 2019

Customer behavior Case Study Example | Topics and Well Written Essays - 250 words

Customer behavior - Case Study Example By cooling down, one is prepared to answer back courageously and explain exhaustively if the statement is untrue. It must be understood that some customers make negative comments in order to trick hotel management into offering them discounts, free visits to the hotel, and money back guarantee. Make professional responses (Cheng et al, 5). Customers are ken on any statement made in favor or against the allegation. Therefore, hotel managers should show empathy and concern to show customers’ feelings are respected. Offer a long lasting solution when necessary and be willing to learn from what customers comment. However, in cases where defaming statements are made, it is good to request review sites administrators to evaluate its credibility and remove such comments if they are not worth. In most cases, customers buy commodities depending on what others have commended about them. I can only buy items through an online platform if am guaranteed quality. Therefore, I will check what previous buyers have said about it. The same applies to hotel bookings. When visiting new places for a tour, it is always difficult to tell where to spend the night. However, through the help of travel directories and customer reviews in regards of hotels in that location, it is easy to make an informed decision on where to stay depending on cost, customer service, and comfort. Consumer behavior is shaped by what people hear, see, and read about products they intent to purchase. Therefore, marketers must be keen in making sure customers get the very best out of the products. However, it is almost impossible to avoid negative online reviews. Therefore, companies must be ready to learn from the reviews in cases where they make sense and explain to customers where there is misunderstanding. Cheng, Vincent TP, and Mei Kun Loi. "Handling negative online customer reviews: the effects of elaboration likelihood model and distributive justice." Journal of

Tuesday, September 24, 2019

Antibody targeted drugs for cancer therapy Dissertation

Antibody targeted drugs for cancer therapy - Dissertation Example Targeting of an antigen that is suitable is done, the conjugate attached to it, which is usually inactive is internalized through endocytosis that is receptor mediated, without undergoing any modification. The conjugate taken thus into the cell is then released into the cell from the lysosome and the cytotoxic activity is then restored. This is the principle behind antibody targeted chemotherapy. Monoclonal antibodies are currently considered as important treatment approaches for malignancy because of their tolerance and also effectiveness in the treatment of various cancers. However, in view of limited scope for clinical trials only a few monoclonal antibodies are approved for clinical use and application against cancer. They not only have a role as anticancer agents, but also have ability to increase the selectivity of various other anticancer agents which are not effective when applied alone. Introduction Classic anticancer treatments include radiation therapy, chemotherapy and su rgical resection. ... eal treatments of cancer where the toxicity is exerted only on tumor tissues and normal tissues are spared, application of monoclonal antibodies for target approach of cancer therapy has found its way. Such an application has revolutionized because of hybridoma technology which has contributed to the production of monoclonal antibodies. When these are used for anticancer treatment, they either target the cancer cells directly, or get exerted after conjugation with cytotoxic drugs or immunotoxins or enzymes (Juntilla et al, 2011). Thus, immunotherapy has become the fourth modality of cancer therapy. Strategies for this therapeutic application are destruction of cancer cells that are directed by immune reaction, interference of the therapy with the growth and differentiation of cancer cells, transport of anti-cancer agents to the cancer cells based on antigen epitopes, anti-idiotype vaccination and finally, development of humanised mouse monoclonal antibodies through genetic engineerin g. Several agents like radionucleotides, toxins and chemotherapeutic agents have been conjugated for anticancer application. These forms of treatment are not only useful following surgical resection but also can be employed in terminal cancer stages (Bodey et al, 2000). In this review, role of antibody mediated cancer therapy will be discussed through review of suitable articles. Monoclonal antibodies Antibodies that are produced from a single type of immune cell are known as monoclonal antibodies. Since these antibodies are basically clones of a single parent cell, they are all identical. Monoclonal antibodies have wide application both in diagnostic and therapeutic clinical arenas (Lambert et al, 2005). Currently, they are used in the treatment of various conditions like cancer, rejection

Monday, September 23, 2019

Health and Culture Essay Example | Topics and Well Written Essays - 500 words

Health and Culture - Essay Example A Culturally Appropriate Health Education Program on HIV/ AIDS for Africa Relationships and Expectations One of the most important features in an AIDs prevention campaign would be â€Å"the cultural, social and economic constraints on most African women’s ability to comply with advice to limit partners and use condoms† (Peltzer, 2001, p.171). Poverty and subordination of women are the root causes of women acquiring HIV/ AIDS. Males play the dominant role in sexual relations; hence health promotion campaigns to eliminate HIV/ AIDs should focus on addressing culturally related sexual beliefs and behaviors leading to the disease. In the prevailing traditional family groups, the empowerment of women is crucial to strengthen their position in decision making on life choices. Cultural Empowerment of the Target Group It is important to leverage culture to empower the target group. Interventions should stengthen the currently isolated traditional family systems by informally co nnecting them to the larger national community.

Sunday, September 22, 2019

Human Resource Management Essay Example for Free

Human Resource Management Essay The manner in which an organization handles its employees at the place of work is important as it determines its success rating (Deckop, 2006). This is because human resources constitute any organization’s most valuable assets. Among other issues, priority ought to be given to ethical and legal issues when dealing with employees. Complaints and general problems ought to be handled carefully, and in accordance with the legal and ethical provisions. As such, human resource managers ought to be well versed with employment and workplace laws; but need to use their discretion to act ethically when dealing with people. This is because what is ethical does not always mean it is legal (Deckop, 2006). The Ideal Legal and Ethical Hiring Practices There are federal laws that govern hiring of staff by organizations. For Greenhill Memorial Hospital, the conflict between Brad and his supervisor can be resolved by a careful examination of the ideal legal and ethical practices of hiring. The first area of interest as far as legal issues are concerned is that it is illegal to discriminate anyone during the hiring process (Querin, 2009) As such, should Brad’s claims that he is being discriminated against on the basis of his gender and sexual orientation be confirmed as true, then his supervisor is liable for criminal charges. This is in accordance with the provisions of Title VII of the Civil Rights Act which prohibits discrimination based on color, race, sex, religion, and nationality (Guerin, 2009). It is therefore critical that Brad is given a fair chance during the selection process. Another legal requirement when hiring staff is that there ought to be a blend of different people as opposed to a homogenous workforce (Guerin, 2009). The law, on this basis, requires that hiring companies make advertisements for the vacancies they have and carry out a fair selection process based not only on qualifications but also on the need for maintaining a heterogeneous workforce. The organization is then expected to maintain a record of all the applicants for a given position, the number of those who qualified and those who failed, as well as the reasons for their failure (Guerin, 2009). This helps to ensure that the process is fair and legal. There has to be no focus on specific attributes of the person in making such advertisements except that the need for the applicant to be qualified. That is why the hiring agency is required to give reasons for rejecting certain applicants; and their personal details also ought to be made available. For instance, if indeed a friend to Brad’s supervisor is hired eventually, the supervisor, in the event of an investigation, will be required to give the reasons why the friend was hired as opposed to the others who interviewed for the position. In this case, Brad ought to submit an application for the job and wait for the results of the application. In the event he fails to get the job, he has the right to file formal complaints to the Equal Employment Opportunity Commission (EEOC) that is charged with the responsibility of ensuring that there is no form of discrimination at the workplace based on issues like age, gender, disability, race, among others. In the event that there are threats to Brad as he claims, then another agency, individual, or organization can file the claims on his behalf so that the hiring process can be investigated. If the claims are investigated and found to be true, Brad can be compensated in different ways, including being hired for the job. Ethically, it is unethical for Brad’s supervisor to inform staff under her of a vacancy when actually she has already filled it up (Deckop, 2006). Even more unethical is that she has filled it up with her own friend. It is also unethical for her to fail to let Brad, who has worked in the job for twelve years and is obviously better qualified, to have the job. Even more unethical is the fact that Brad is really in need of a morning shift job as he is going to have to give up his evening shift job because of his other commitments. Obviously, any ethical supervisor would view his case as a deserving one (Deckop, 2006). However, legal issues ought to always be given priority over ethical ones (Deckop, 2006). For instance, there has to be proof that no-one else is qualified for the job before Brad can be considered on ethical grounds. The law usually does not use ethics to determine the due process. Ethics remains the preserve of the individual people dealing with the process and cannot be cited in legal proceedings (Deckop, 2006). Brad also ought to understand that he is not supposed to make allegations based on rumors only. He also has to understand that he has the legal right to complain to her boss about work-related problems without fear of being dismissed or punished. Ensuring Legal Hiring As the HR manager to whom this case has been reported, I would first ask the supervisor to make available to staff under her the Equal Employment Opportunity Commission’s rules and provisions for hiring so that they can be better placed to understand their legal rights on hiring, discrimination, and dismissal (Guerin, 2009). Then I would require that the supervisor advertises the job in accordance with those provisions. A key issue is that superficial attributes like age, skin color, gender, or sexual orientation ought not to be part of the requirements because any person can qualify to do the job. After hiring, I will require that the supervisor gives the reasons why whoever gets the job got it as well as why each of the other unsuccessful applicants failed to get the job (Pozgar, 2009). All the reasons must never have any element of discrimination as the basis of decisions made. Termination and Retaliation It is the right of an employer to fire staff when one so requires. However, it is illegal if such actions are based on reasons that are illegitimate (Dinterman, 2003). For instance, it is wrong for Brad’s supervisor to sack him based on his complaints about something. It is legal for employees to complain to their employers about the issues that concern them. Retaliation is not allowed and constitutes discrimination. Therefore, Brad ought to be helped to understand that a supervisor cannot retaliate against him for making official complaints. Neither can he be terminated on such a basis. Retaliation is an offence that is usually treated as an act of discrimination because retaliating is essentially acting against someone based on personal reasons as opposed to legitimate issues affecting the organization. Acts of retaliation usually overrule any other issues that the employer might have done to justify any disciplinary measures by the employer (Deckop, 2006). For instance, even if what Brad heard was baseless and only rumors, any retaliation by his supervisor upon his reporting or complaining will overrule any of his faults. Finally, Brad ought to rest assured that the law of employment protects everyone – the employer as well as the employee (Guerin, 2009). In this respect, he ought to understand that a unilateral decision by his supervisor cannot be effected without the involvement of the human resource manager and other relevant management staff.

Saturday, September 21, 2019

Business continuity and disaster recovery planning

Business continuity and disaster recovery planning Business continuity plan and Disaster recovery plan is activity to help organisation prepare for disruptive events and it is essential to consider the potential impact of disaster and understand the underlying risks. In this my research, I explore business continuity planning and Disaster recovery planning and its importance in support of operation and establish to manage availability of critical process in the event of interruption. Introduction Business continuity planning (BCP) and disaster recovery planning (DRP) is a vital role in the organisation. These plans are basic to the well being of an organisation and anticipated to make sure stability in the face of unexpected or difficult situation. Planning for these conditions is not always directly ahead neither identifies appropriate cause of information, products, and services. These tasks are also challenging and build of the plan itself. These plans has provision of information and guidance to identify the suitable tools and used in the right time. Organisation has created this plan itself and necessary to consider the possible impacts of disaster and recognize the fundamental risks and build BCP and DRP. Following these activities the plan itself must be constructed no small task. This itself must then be maintained, tested and audited to ensure that it remains appropriate to the needs of the organization. These plans are calculated to consider all these issues and find the software to assist with BIA and risk analysis along with link the tools to help to create, maintain, and audit the plan itself. (BCP, 2004) BCP and DRP are significant to the clear and continue operation of all type of business. BCP involves developing a reaction strategy for organisation respond to disaster. Disaster occurs through power failure, accident, natural, IT system Clash, insider attacks, hacking, terrorism etc. (Barney, 2010) BCP check how organisation will take to maintain its operations in emergency and identify potential disasters or emergencies, verify how intend to minimize the risk of disaster occur, creating plan reaction, test BCP regularly. These strategies assume increase importance as organisation become increasingly reliant on technology to do business. As companies place more emphasis on IT and communications services to support their customer communications and transactions, or to help manage supply chains. They become less tolerant of information and service loss as a consequence of disasters. (4service, 2010) This research work deal with business continuity plan will keep business up and running through interruption of any kind of disaster and support of operations and establish to manage availability of critical process. 1.1 Identify and critically explore business continuity and its importance in business environment, distinguish between business continuity (BC) and disaster recovery (DR) planning. Business Continuity Business continuity planning identifies the exposure of organisation internal and external threats and creates information assets to provide useful prevention and recovery for the organisation and maintain economical benefit and value of system integrity and perform policies, procedures, processes, and plans to certify the continue function in the organisation. Business continuity plan take to prevent disruption of essential services and restore function as rapidly and smoothly. Business continuity planning develops the business ability to respond to such disruption and resume operations in order to meet business significant necessity. BCP Importance in business environment Business continuity is a process build up to counter system failure. If IT system fails, its major impact on the whole business consequently organisation should take dynamic interest in start business continuity plan for IT systems. A business continuity plan for your IT systems should include arrangements for providing: Facilities and services to enable the business to continue to function; The critical IT applications and infrastructure necessary to support the recovery of business processes. (Varney, 2010) It is important the BCP plan is clear and brief to certify to every user read it and build available to all staff responsible for any part of it and it is start of ongoing commitment and also update the business continuity plan. (Varney, 2010) Distinguish between BCP and DRP Business Continuity Planning Disaster Recovery Planning Business Continuity is Proactive; Disaster Recovery is Reactive; BCP focus is to avoid or mitigate the impact of the risk; DRP focus is to pick-up the part and re-establish the organisation to business following risk occurs; BCP has as its scope the entire organisation with critical goal being recovery of mission-critical/ middle business functions to make sure the endurance of the organisation; DRP is normally limited in scope to set of classify IT system and infrastructure with goal being entire recovery of the system and infrastructure within a timeframe and minimum data loss; Business functions to recover in BCP extend beyond IT system; DRP might exclude non-IT business units; (Nickolett, 2001) BCP fill up the gap between the disruption occurrence and recovery going on. DRP engage a breakdown, loss of the systems, people, and facilities. The disruption can impact any or all of these key business inputs. 1.2 Evaluate and explain some business worst case scenarios for risk assessment, assess different types of organisational assets. Worst case scenarios for risk assessment There are many worst cases scenarios for risk assessment some are as below: Information data lost Disaster can damage the database and organisation loss confidential data such as staff, customer, vender details and other sensitive information; Information system failure There are many worst cases in information system failure such as overlooked, quality of project planning, use of management tools, object-oriented system development, use software engineering tools and system essential services can stop for time being etc. (Megaessays 2010) Information asset lost Due to the weak security measures Information assets can damage from natural disaster and internal activities in the organisation; Natural Disaster Natural disaster are unexpected and it is impossible to fully recover the damage caused by the disaster but it is possible to minimise the potential risk by developing BCP/DRP. (Banger, 2010) Power failure Sometime disruption of power supply or power failure can stop work, services failure, breakdown etc. It can effect in the business. There is one real example of the worst case scenarios for risk assessment is Midmarket CIOs. This company is on the seventh floor of a building but one day in the next office door the water filter cracked in the office kitchen and sending water flow on the floor and under the wall into facilities. Although critical servers remained dry, the flood ruined equipment that was on the office floor, including 10 surge protectors, six uninterruptible power supplies, six power bricks and one PC. While things were drying out and a length of wallboard was replaced. CIOs implemented DRP to ability for total different incident because floods, fires, power failures and pandemic flu can occur. CIOs take step back and start with risk assessment of all the risks business faces and using risk management tools to calculate worst case scenarios in IT and effect potential loss will have on the business. (Midmarket, 2009) Different types of organization assets There are following different types of organisation assets to protect in BCP and DRP are: Desktop workstation, Laptops, Servers, Printers, Scanners, Firewalls, Routers, Switches, Memory devices etc; Licences Software CDs such as windows, Antivirus, MS Office, software tools and support, other operating system etc; Database, websites, Photo Copiers, Fax Machines, Telephone System, Multifunction machines etc; Paper file records like asset register, paper files, data, books, government legislation, policies and procedures, customer data and sensitive data etc; Electronic records such as emails, organisation shared drives and personal drives, DVDs, CDs, Memory sticks etc; Maps, drawers, chairs, desks, cabinets, etc; Qualified staffs, Record management, etc; Machines, Plants, building, fire extinguishers etc. 1.3 Explain critically disaster recovery business case, list down and appraise required documentation for BCP and DRP. Disaster recovery business case The most critical parts of any IT plan explain the business case and assess of the potential risks to the organisation. There are eight following project steps in Disaster Recovery Planning in business are: Step-1: Project introduction Set the objectives of the DRP initiation, define the scope, develop, schedule and identify the risk to the project; Step-2: Assess of Disaster Recovery Assess of location, building composition, computing environment, physical plant security, installed security devices, access control system, software, personal, backup, and operating practices; Step-3: Business Impact Analysis for IT Analysis of all part of business units to support by the IT areas should assume to identify the system and its functions to continuation of the business and the time limit; Step-4: Define of requirements All requirements must be defined and detailed; Step-5: Plan the project project planning will define the project to be executed and its objectives will develop the DRP; Step-6: Execute the project Project must proceed to practices of project management and identify the methods of mitigating the risk will execute; Step-7: BCP combination DRP needs to combine back in to the organisations business continuity efforts; Step-8: ongoing maintenance and combination Ongoing maintenance and testing efforts require keeping the plan up to date and processes to identify and mitigate future risks. Required Documentation for BCP and DRP There are following necessary document for Business Continuity Plan and Disaster Recovery Plan in the organisation to make a best pan for long run business as follows: Organisation Chart [explain names and designation]; If existing BRP and DRP and their terms explain in the documentations; Scope of BCP and DRP, Procedures and control documents; The report of Business impact analysis and risk assessment report; Staff, list of vendors, list of emergency services, advisor contact details; Details of IT system and communication system specification include maintenance agreements; Existing evacuation procedure, Health safety procedures, fire regulations, operations and administrative procedures; Details organisation asset, information assets, and IT records; Relevant organisation regulations, guidelines and insurance information. Details any other documents for the support of BCP and DRP. (Yourwindow,2010) 1.4 Demonstrate and explore pragmatic approach towards project planning and initiation, describe how to evaluate risk and control in terms of BCP/DRP. Pragmatic approach towards project planning and initiation A pragmatic approach towards project planning needs to be comprehensive and cover all relevant aspects and factors in BCP and DRP. There are some BCP and DRP following steps as follows: Business continuity plan Step-1: Identify strategy objective through performing needs and create outline for strategy performance; Step-2: Establish the business value and identify recovery objectives through data risk and recovery time outline; Step-3: Technology will equivalent for data protection along with backup, disaster recovery etc; Step-4: Identify infrastructure and organisational plan; Step-5: Implement technologies and inform key personnel as to which business processes are impacted; Step-6: Test the documented plan continuously; Step-7: Calculate and authenticate test results comparative to the plans objectives; Step-8: Implement required development and priority as a result of continue testing and evaluation; Step-9: continue review and enhance the BRP to replicate organisation change and added new technologies; Step-10: Ensure the entire process continuously. (Miller, 2007) Disaster Recovery Plan There are following steps to DRP involves: Outline DRP team with senior executives from IT department with specific responsibilities; Perform Business impact analysis and Risk analysis for business assets, threats and impacts the risk can tolerate need to be determined; Develop recovery strategies IT security measures like backup etc; Implementation, testing and training the employee must be trained in the disaster recovery procedures and testing capabilities; Need to carry out periodic audit, review and drills of BCP and DRP; Types of disaster which need to be addressed; The essential business processes and activities which are needy on IT; The data and application software needs to be recovered and restored in case of disaster and IT services need to continue function of the event; The IT infrastructure need to host the data and application software; DRP arrange strategies and implementation such as backup and protection facility; Challenges and emerging threats.(Periasamy, 2007) Bottom of Form Evaluate risk and control in terms of BCP/DRP Evaluate the risk is vital activity in the organisation. There are major threats against business continuity plan and disaster recovery plan are: Risk or threats Natural disaster Fire, flood, earthquake, volcanic eruption, tornadoes, cyclone, heat wave water disaster etc; Information system threats software failure, loss of information and data, system failure, cyber crime, multiple machine failure, capacity overload, network failure, etc; Planned activities war, terrorist attacks, hacking, breach the network and database, data theft, unauthorised modification of content, phishing etc; Lack of utilities power failure, electricity fail, air conditioning failure etc; Other vital threats Internal violence and dispute, legislative violation, labour strike, other strike, etc. Controls Classify the risk (High, medium, low) it will be easy to describe the risk; Control must be according to the risk like backup system, data, building etc; Proper monitoring the risks and threats; Risk must be clear and explain; Risk evaluations identify the threats which help to control it. 1.5 Critically explain business impact analysis (BIA) activity and describe how to execute it, assess emergency response and operations during period of IT disruption. Business impact analysis activity Business impact analysis is an important part of any organisation business continuance plan.BIA is a logical process to identify business significant systems and activity as sign to any business continuity, disaster recovery, or emergency planning effort and reveal vulnerabilities and planning component to develop strategies for minimizing risk. One or more risk identifies causes of the loss of the application, systems, tools or other resource upon that activity is dependent. BIA identifies cost related to failures and it report measure the importance of business components and recommend suitable fund allocation for measures to protect them. (Miller, 2010) How to execute BIA Business impact analysis execute following guideline to allow organisation are as follows: Effectively identify the proper organisational impact of any unexpected disruption of essential information processing systems such as fire, earthquake, theft etc; Identify threats sources and significant vulnerabilities which can lead to unexpected outages / service disruption; Execute suitable protect to reduce the likelihood and consequences should identify threats happen; Increase cost effective and suitable contingency plans and important component disaster recovery / business continuity planning. Emergency response and operations during the period of IT disruption In case of IT disruption or failure, every organisation has quick emergency response plan to stop and control any damages. Emergency response facility is available in every organisation and DRP team identify the threats of failures. Some of the major elements of emergency response plan as below: Emergency response plan and procedure; Command, control and emergency operations centre; Emergency reporting procedure, employee evacuation plans, health and safety, security plans; Identify the disaster in IT; Personnel protection, incident control, effect assessment, choose maximum action etc; Emergency response components such as incident preparation, emergency action, facility stabilization, damage mitigation, and testing procedures etc. (Hui, Z,2010) Above elements help to stop the disaster and resume as soon as possible in every organisation. 1.6 Explore and appraising different developing and implementing business continuity strategies used by most organisations. Developing and implementing business continuity strategies The business continuity strategies have five key stages in developing and implementing used by organisation as follows: Understand the business Project initiation and create a management structure to build up and carry out the plan; Identify the risk and perform risk evaluation and control; Establish your business impact analysis process and identify the impact of any failures. Business continuity management Develop business continuity strategy and identify the areas and focus on the critical operating requirement of the business; Develop a process level and documented structure stating how significant process will be restarted subsequent failures. Business continuity response Establish a crisis management process to respond to incidents; Focus on overall business continuity strategy; Put in place business unit plans for every department. Develop business continuity management culture Awareness and training plans; Review the effectiveness of awareness training plans. Exercising, maintenance and audit Test the business continuity plans and technical aspects; Maintain the plan and ensure that the documentation remains accurate and reflects any changes inside or outside the business; Regularly audit plans. (Business link,2010) Conclusion I conclude that Business continuity plan and Disaster recovery plan play vital role in every organisation and BCP is ideal strategy to safe business away from a complete disaster because every organisation faces different type of risk and potential disaster and it is an essential tool to allow minimizing the risk and also continuously helps to stop IT disruption and services. BCP involve IT as the main component because every business relies on computer system and its existence can be equalised to the business itself. Recommendation BCP should recognize organisational structure including incident and risk assessment cover all business activities and document strategy for recovery of the organisation all main areas of the business process and DRP team should deal with disaster recovery phases to complete and minimize the disaster as soon as possible. I recommend following key points related to BCP and DRP plan to become a successful plan in the organisation as below: Employee training timely; Perform schedule test and evaluation of test result; Implement of test plan updates; Conduct crisis management exercises; Perform business impact analysis timely; Top management support every time;

Friday, September 20, 2019

Observing the behaviour of consumers while shopping

Observing the behaviour of consumers while shopping This essay is based on an analysis of research observations which took place at a Supermarket in Bradford. The aim of the exercise was to observe the behaviour of consumers while shopping in order to theorise and draw conclusions from our observations about consumer buying behaviour when shopping. As a means of interpreting and analysing the data we used the psychoanalytical perspective of Freud, pester power and independent and interdependent self concept. These concepts particularly lend themselves to the interpretation of the data. This essay begins by defining these key concepts before offering an analysis data the research data. Freudian personality theory is otherwise known as the psychoanalytic theory and it is often used by marketers to influence the purchasing decisions of customers in an unconscious way (Bettany, 2011 and Solomon, 2011). The theory is composed of three categories namely the id, the superego and the ego. The id according to Freud is part of our unconscious being as it functions with regards to the pleasure principle; the pleasure is applicable to the id as it seeks immediate gratification of needs (Bettany, 2011 and Solomon, 2011). Hoch and Loewestein (1991:498) claim that the id is the primary process of thinking that is impulsive, stingy and illogical whose aim is to seek pleasure only, avoid pain and not at all worried about the consequences of its actions (Solomon, 2011). Similarly, Hoch and Loewestein (1991:498) note that the ego is secondary process thinking that uses the reality principle and acts as a mediator between the id and the superego. Next is the ego which is aware of the consequences of an action and when it is unable to manage the action a conflict between the id and the superego results and the individual gets anxious (Bettany, 2011). The superego on the other hand is the internalised sense of justice, a persons moral conscience and it is developed last (Solomon, 2011; Bettany, 2011). The superego is derived from the values and morals a child learnt from their interaction with society, family and friends. Whereas as Freud psychoanalytical theory could be applied to both children and adults in terms of explaining consumers behaviours pester power on the other hand is primarily concerned with childrens behaviours. It can be defined as a childs attempts to exert influence over parental purchase in a repetitive and sometimes confrontational manner Nicholls and Cullen (2004:77). Another definition of pester power is presented by Procter and Richards (2002:3) which suggests it is the repeated delivery of unwanted requests. What this means is that parents are bombarded with requests, gestures and pleas from their children to buy items such as foods, toys and clothes. Most often children who carry out this act get what they want (Nicholls and Cullens, 2004). Children might be influenced by either their peers at school (Smithers, 2010) or by advertisements seen on the television (Chandler and Heinzerling, 1998, Smithers, 2010). This framework was used because of our interest in how children in fluence the buying power of their parents. The final theoretical framework employed in this essay is the interdependent and independent self-concept. The interdependent self-concept has been defined in terms of seeing oneself as part of an encompassing relationship and recognizing that ones behaviour is determined, contingent on and, to a large extent, organised by what the actor perceives to be the thoughts, feelings, and actions of others in the relationship (Markus and Kitayama, 1991, p. 227). Markus and Kitayama (1991, 1994) regard the independent self-concept as bounded, unitary, stable, autonomous, individualist, egocentric, self-contained, separate, and detached from the social context. This self-concept is perceived as a distinctive configuration of traits, thoughts and feelings that regulate individual behaviour and underlie individual strivings towards the fulfillment of personal goals such as realising oneself (Milland and Reynolds, 2011). The id is manifested in a baby girl who would not stop crying despite the fact her mother rocked her while she was in the trolley, called out her name and spoke to her. Since her basic desire to maximise pleasure has not been met, she cried continuously. People around the family recognised the child was an infant in need of her mothers attention; they did not mind and instead went about their business. The eldest son aged between 3-5 years has matured from the id stage to the ego. This was seen by the actions he displayed when he listened intently to his mothers instruction and returned the LEGO back to the shelf. He understood the reality of the situation and realised the consequence was not pleasant. The ego being the reality principle ensures the ids needs are met in a realistic manner (Solomon, 2011). Although initially he insisted on having his way, that is to say, wanted his mother to buy the toy for his friend, realising she would not back down from her position, he relented and obeyed her instructions. In this event the mother prevailed. The eldest son would have developed his superego and this act as a moral conscience in him with regards to dictating a sense of wrong and right (Solomon, 2011). The moral lesson taught by his mother manifested when he realised his mother would not buy the LEGO, he obeyed her and returned it. In relation to the accepted behaviour in the store, the mother did not seem to mind that her eldest son had left her side to pick up a LEGO in the toy aisle. This might indicate that the mother sees the child as independent to a certain degree. The child in demonstrating his independent to his mother by listens to her and responding appropriately seemed to give her a sense of pleasure. The id also appeared to be apparent in a boy who was pushed around the supermarket by his aunt. The thrill of being pushed was heard in his shouts of excitement, laughing and shouting again, again after his aunt stopped. The boy clearly relished this moment as he seeks pleasure. He operates according to the pleasure principle and was not concerned that his aunt was exhausted and needed a break. Another example, of the manifestation of the id was a crying boy in his push chair, even though he was comforted by his mother, he kept on crying because his need for sleep was not met. Maslow hierarchy of need is also relevant in explaining this example. According to Maslow sleep is regarded as one of the most basic of needs but this mother also wanted to get on with her shopping because it gave her a sense of satisfaction even pleasure in seeking to satisfy two another basic psychological needs which are food and security (Blackwell et al 2006). Later on, one came across the same woman and her son who was fast asleep in his push chair while his mother continued with her shopping in peace. Closely related to but different from the psychological theory of Freud is the concept of pester power. In this example, one came across a mother who has three children. The infant a baby girl and small son who were seated in the trolley; the mother was busy examining the supermarket shelf filled with gifts for new-born and the third child the eldest, was at the aisle for children toys. He brought her a football asking if he can get the ball for his friend Barry. His mother said no and he took the ball back to where he got if from. Next he came back with a LEGO and pleaded with his mother to buy him the toy. He rubbed his two hands together saying mama please I want Lego, she told him he could not have the Lego because he had more than enough toys. Nevertheless, the child persisted begging his mother but she did not change her mind and since she refused his requests to purchase the toy, he returned it back to the shelf. Following this incident the mother spent a considerable amount o f time on the aisle; as she picked up different gifts, looked at the gifts before settling for a gift bag and money-box. She left the aisle and came back again looking at each gifts. The baby girl started crying and the mother called out her name to stop her crying but the baby persisted. The mother picked up a baby cushion, looked at the cushion, the price, placed the product in her trolley and left the aisle for another. Yet, the babys crying persisted. Pester power is a consumer behaviour concept that has become a relevant issue in society because of childrens ability to influence their parents skilfully into getting them products has increased greatly (Oaff, 2001; Smithers, 2010). Nowadays, parents seem to be under a lot of pester pressure to provide their childrens wants and not needs; the pressure is more manifest during Christmas and birthdays (Smithers, 2010) and in some cases, parents have to forgo basic necessities in order to meet and fulfil their childrens wish. Some parents are even willing to go into debt due to pester power (Oaff, 2001 and Smithers, 2010). Now, one could argue that parents are at fault by spoiling their children with presents and granting their every wish. Yet, another perspective could be parents truly believe that by providing for their children, the child will not want for anything. This probably again is linked to Maslows hierarchy when parents gain a level of self-fulfilment by satisfying the needs of their children. Smithers (2010), argues that pester power is due to a commercialised society that has transformed festive periods into money-making machine pushed by adverts on childrens television and influenced by friends at schools. In the case of this ethnography study, the mother did prevail against pester power because the mother has developed well-honed antennae which detects her sons attempts to influence her (Marshall et al., 2007). Yet, one wondered if the study had taken place in the holiday season, would the mother have relented and purchased the Lego for her son? Mehrotra and Torges (1977) suggest that when shopping for food, parents often yield to their childrens influence and purchase what their children want. The reason for this is the fact that children have been exposed to adverts on television. This as a consequence enables them to impact their parents purchase behaviour (Chandler and Heinzerling, 1998). This might also be due to the fact that some of the children do not eat much at home and therefore, the parents are worried and have tried everything yet nothing seems to work. So, when shopping with their children, and they are presented with an opportunity to buy food their kids prefer to eat, the parents will not pass it up. With regards to toys, this is rather different and some parents do not yield to pester power. Nicholls and Cullen (2004:78) suggest that the parent-perceived childs influence for food is greater than the parent-perceived childs influence for toys revealing that the level of toys consumption is lower than the level of food consumption. As a result, when it comes to toys, the parents can afford to say no and refuse their childrens request. Exception is made during festive periods such as birthdays and Christmas (Smithers, 2010). Although Mehrotra and Torges (1977) argued that when parents refuse their childrens request, what follows is an explanation of why the product was not purchased. This was not seen in the ethnography study. After instructing her eldest son to return the LEGO, the mother continued her shopping. Our observation would suggest that when people shop individually they tend to spend more on clothing. For Millan and Renolds (2011:6) suggested that consumers who exhibit stronger independent tendencies may be heavier buyers of value-expressive goods than those who are more interdependent which is because, self-expression, self-reward, and hedonic gratification tend to be important motivational factors. Individual that came alone seemed less discerning, and spent more time evaluating various brands across multiple price categories and more often bought clothes that were expensive. This appeared to be the case because consumer was shopping for personal use. In cases where consumers are accompanied by one or more friends or family members, the presence of friends or family did seem to influence the purchase decision significantly. The buyers in these categories were more discerning, the purchase decision was made faster and the concern was largely in adhering to a particular price band rather than any particular quality of the product. For example, a gentle man wanted to buy an expensive jacket but his wife objected to the price of the item and so they settled for an item of lower value. It seemed to us that when people shopped in groups they spent more time discussing and less time shopping. This indicates that shopping in this context can be interpreted as a means of pleasure and it might be linked to the id from Freudian personality theory which is focused on the pleasure principle. This gives rise to the argument that clothing can be used to form independent self concept or a preference for self-expression and a means of hedonic cons umption. Additionally, in groups consumers appeared more impulsive than planned, as most buyers appeared undecided about what brand or type of cloths to buy. Sometimes family accompanied buyers tried many products across multiple ranges, often posh, categories and settled on a cheaper product, like common labels. This leads one to infer that a lot of the purchases were impulsive. Another example of the pleasure principle in shopping is concerned with children and parents enjoying their children play. There are toy cars in the supermarket close to the doors and children would get into these toys. Sometimes the children just played on their own while the parents talk either to other family members. In other case, the parents would put money into the toys and have fun with the children. In this regard, the parents seemed happy and laughed quite a lot. This would indicate that the parents were having as much fun as the children. Another example of the pleasure principle effect from the observation is connected with the notion of self-concept and self-expression. Millan and Reynolds (2011:4) propose that the stronger ones independent self-concept, the more pronounced will be the consumers preference for self-expression and inner enjoyment through clothing. Going back to the above example about shopping for clothes it is evident that this serves as a means of self-expression. Clothing usually serves a potent avenue for stimulating positive emotions during purchase and subsequent usage. It can be argued that independent consumers are introverts and lack emotional and relevant support networks such as the extended family and may be lonely. Consequently, expenditure on goods and services which are likely to arouse pleasant stimulus and emotional fulfilment will be alluring to consumers with a strong independent self-concept (Millan and Reynolds 2011). On the other hand, Bagozzi et al (2000) argues that the behavi our of consumers with a strong independent self-concept is basically guided by personal needs, attitudes, and perceived rights rather than social norms and filial obligations. While interdependent tendencies possessed by family accompanied shoppers is compatible with the theory of the interdependent self-concept, according to which modesty and judicious spending is an inherent trait of the interdependent self, underlying self-effacing presentations and behaviours in diverse social settings (Heine et al., 2000). Again this can be related to Maslows hierarchy of needs and in particular the self-esteem or self realisation aspect. This behaviour is influenced by a strong pressure to conform to family and peoples expectation, as well as a fear of being excluded from the group which is consistent with views expressed by Lee and Karen (2000) which reports a strong correlation between ones interdependent self concept and group relationship motives for purchasing goods. Which reiterates beliefs that spending so much money on status signifying clothes will be detrimental to groups goals and objectives which may include feeding and other general welfare necessary in a family setting. Strong evidence found by Millan and Renolds (2011) suggests that consumers possessing a high independent disposition were more inclined to shopping activities via regular visits to clothing shops, keeping up with latest trends and information obtainable in at shops thereby spending more money on clothing than interdependent consumers, the reason for this being that consumers with a strong independent self concept tend to satisfy a wide v ariety of symbolic and hedonic needs through this means of consumption. In conclusion, we found that at times of recession supermarket need to place emphasis on satisfying consumer needs otherwise they could change suppliers. Therefore it is important to better understand consumers lifestyles, and choice criteria. This would include the selection of suitable media and designing suitable consumer messages. One area of further research could be to what extent consumers remain loyal to specific brands in time of economic recession. We believe that shopping could be more of a pleasure for children if playing facilities were provided. This might encourage parents to spend longer shopping and by implication buy more. One weakness of the observation in our view was the fact that we depended solely on the observation it would have been more useful to double-check our analysis with the consumers being observed.

Thursday, September 19, 2019

text comparison :: essays research papers

I chose to compare the Martini chapter, which I will refer to as â€Å"Martini,† to â€Å"Human Anatomy† by Kent Van De Graaff, which I will refer to as â€Å"Graaff.† The chapter being compared in both texts is the reproductive system. Graaff decided to separate the male and female reproductive systems into two chapters, which didn’t help or hurt the content. Both texts provided very good information, and both had their good and not so good aspects.   Ã‚  Ã‚  Ã‚  Ã‚  The opening pages of both texts look very similar and provide a lot of the same material. Both provided a very clear and precise diagram of the male reproductive system, however, Martini provided a stepwise diagram of the decent of the testes, which Graaff did not. Both texts used very clear and accurate pictures of actual cells such as the testes and other various structures of the reproductive system.   Ã‚  Ã‚  Ã‚  Ã‚  Both texts use a diagram to help visualize the processes of meiosis and mitosis; however, I found the diagram used by Martini to me easier to understand. The diagram used by Graaff tried to keep the DNA structures inside a cell which made it more difficult to see each DNA strand, and hence see what happens to it at each stage of division. Martini also provided pictures of spermatozoon structures, which Graaff did not.   Ã‚  Ã‚  Ã‚  Ã‚  I found no significant difference in the quality of information presented about the male reproductive system in either text. Each seemed to give a clear, and concise explanation of each accessory structure. For example, in Martini, even the smaller structures like the ductus deferens and accessory glands were given attention, and even a whole page of diagram, and also a section devoted to hormones and their functions in the male reproductive system gave very accurate information about the role of FSH in spermatogenesis, and LH in androgen production. Graaff did a very nice job at explaining endocrine functions of the testes, and it also gave a nice table giving the actions of androgens in the male.   Ã‚  Ã‚  Ã‚  Ã‚  Toward the end of the male reproductive section, Graff had a clinical considerations section which gave a very short, but informative description of various sexual dysfunctions in males, and developmental problems that can sometimes alter the male reproductive system. Also after this section there is a nice developmental exposition section, which covers formation of male reproductive organs from embryonic development through to the decent of the testes.

Wednesday, September 18, 2019

The Art Of War :: essays research papers

The pounding of shells, the mines, the death traps, the massive, blind destruction, the acrid stench of rotting flesh, the communal graves, the charred bodies, and the fear. These are the images of war. War has changed over the centuries from battles of legions of ironclad soldiers enveloped in glimmering armor fighting for what they believe to senseless acts of guerrilla warfare against those too coward to be draft-dodgers. Those who were there, who experienced the terror first hand were deeply effected and changed forever. In their retinas, images of blood and gore are burned for the rest of their life. It has been said that there is no point in the "pretty, flowery, pastel" art that makes a person feel good. It doesn’t have any use, for the artist or the observer. Art is supposed to deal with emotion. It is one thing that helps people heal, not only by seeing, but also by doing. Art is able to take all the bad emotions, all the hurts and pains and lets you express them. It is no wonder that many that have seen the destruction of war have turned to art. You don’t see any "pretty pictures" of war. I’d like you to find one pretty aspect of war. There is none, so therefore, war, as a subject for art, is hardly ever pretty. The stories that they write, the paintings that they paint, the pictures that they take, are usually horrific scenes. Only rarely do we see pictures of triumph (i.e. raising the flag at Iwo Jima) but those scenes take place only after the aftermath. It is also no wonder that many war artists actually use their talent only during and after war. They use their art as a place for catharsis. Only after they are done healing the torment of the war, they can be done with art. One artist in World War One, Braque, fought in 1914, a year later he was wounded. During his convalescence, he painted. A year later he returned to his home. He left not a single drawing or canvas alluding to what he had been through and no representation of the war is present in his work. He made himself a fresh start, like others did. Many painted and drew what they saw and lived through. From the sketchbooks of pencil drawings done at the warfront to the canvases painted on returning home, theirs is an intense and accurate testimony.

Tuesday, September 17, 2019

Feminism in Hamlet

Feminism in Hamlet â€Å"Frailty, thy name is women†; Mother, thy name is greatness Loyalty or betrayal, nobody can definitely point out what the truth is; but something that seems like the truth may not always be correct. Truth usually hides behind the stage and needs to be found by knowing what the characters are actually thinking. The Queen acts as a controversial character in the play â€Å"Hamlet† by William Shakespeare. She marries her husband’s brother just after her husband’s death. â€Å"Treachery†, â€Å"recreance†, â€Å"conscienceless† become the symbols of her character.As a queen of noble lineage, she has superior power, but no access to speak freely. Everything she does is to protect her son Hamlet. The pitiful queen becomes the scapegoat in a play filled with male characters. She loves only her true husband-King Hamlet. Her weakness and sin is just a foolish pretense for male chauvinism. Weakness or sagacity may on th e surface appear to be just a result of a decision made on the spur of the moment. Queen Gertrude has always been a controversial character. â€Å"In 1848, Strachey called her â€Å"weak†; and Professor Nicoll declares her ‘Little more than a puppet’,† (Draper).Is Gertrude a symbol of weakness or sagacity? According to John William Draper’s understanding of Hamlet, he offers another perspective to understanding the queen. â€Å"Can Gertrude, indeed, have been so â€Å"weak†? This interpretation apparently is based on the vague accusations of the Ghost and on Hamlet’s bitter, but also vague, reproaches, and especially on his â€Å"Frailty, thy name is women,† early in the play† (Draper). Here Draper alters the discussion around Gertrude from focus on her frailty and weakness to argue that her actions are misunderstood by male characters who do not understand the complexity of female nature.In Act 1 Scene 2 Queen Gertrude s peaks to Hamlet about her perception of the circumstances they have been placed in since her husband’s death. Gertrude clearly articulates her belief in accepting what has been lost, and the necessity for her to continue on without longing for what can no longer be. Her husband has passed and she must now make decisions she does not like in order to maintain her position as Queen, and protect her son. She says: â€Å"let thine look like a friend on Denmark. Do not forever with thy vailed lids seek for thy noble father in the dust.Thou know’st ‘tis common; all that lives must die, passing through nature to eternity. †(Shakespeare, 1. 2. 69-74). Gertrude speaks rhetorically to Hamlet about her desire for him to continue with his life without longing desperately for his father, as she has been forced to do. The Queen is a normal woman who must play two different roles between her new husband and her son. She is distressed herself over the inharmonious relatio nship between Hamlet and Claudius. She attempts to tell Hamlet this, but he is too young and stubborn to understand the position she is in as a woman.Instead of understanding her, he forms an opinion of her being weak and frail, only thinking of herself. On one side is her husband, Claudius, who gives her comfort while she is helpless after the death of the King; on the other side is her dear son who is enraged over his father’s death. Although it appears that her motivation for marrying Claudius is selfish, she actually marries to secure Hamlet’s position as prince and maintain power over Denmark. No complaint, no grumble passes her lips, the only thing she is able to do is to tolerate it all. The reason Gertrude marries her husband’s brother is not because she loves him, or her vanity, it is because she wants to protect Hamlet. This is proven in the end of the play, when she drinks the poisonous wine which the King attempts to give to Hamlet. â€Å"Claudius t reats Gertrude with unfailing consideration, respect and love; for her sake, he tries to conciliate Hamlet, though at some personal risk, and even courts discovery of his last desperate plot to warn her against the poisoned goblet. † (Draper).It can be argued that because of this action the Queen has discovered Claudius’ guilt and is attempting to save Hamlet from the same fate as his father. The King asks Gertrude to â€Å"not drink† (Shakespeare. 5. 2. 293) the wine, but she responds, â€Å"I will, my lord; I pray you pardon me. †Ã‚   (Shakespeare. 5. 2. 294). Gertrude is hoping that Claudius will explain himself, and prevent her from drinking the poison. This is her way of letting him know she is aware of his regicide, and is no longer willing to be his idle accomplice despite his great affection.In saying this she is knowingly protecting Hamlet from drinking the poison, while also letting Claudius know she is on to him. Hamlet describes his mother as a, â€Å"wretched, rash, intruding fool† (Shakespeare 3. 4. 32). According to the opinion expressed by Harold Bloom, â€Å"All [Hamlet’s] life he had believed in [Gertrude]†¦ He had seen her not merely devoted to his father, but hanging on him like a newly-wedded bride, hanging on him†   (Bloom 21) However, he will never know who his mother was. Hamlet was staying abroad in England when is father died. Gertrude was helpless after King Hamlet’s death. However, Claudius gives her much comfort and encouragement, and as a result, she marries him. She sees Claudius as the reflection of the late King. As Steven Mullaney demonstrates â€Å"Remarriage might seem to resolve the threat posed by female independence. † (Mullaney 172) Remarriage plays an ironic role in the play, Gertrude indeed does not receive any independence but rather causes the tragedy that happens. It is tragic that her son thinks she is disloyal.Never is a statement made indicatin g the Queen’s knowledge of Claudius murdering his brother. She even seems to not trust Hamlet’s accusations about the King’s death because Hamlet has been behaving as if he is mad. During the conversation between she and Hamlet he tries to tell the truth, â€Å"A bloody deed-almost as bad, good Mother. As killing a king, and marry to his brother. † (Shakespeare 3. 4. 29-30), Hamlet instead accuses his mother of having knowledge of his father’s murder. This implies that Hamlet believes the Queen is selfish and deceitful.The Queen is confused by his accusation. â€Å"As Killing a King? † (Shakespeare, 3. 4. 31), she asks genuinely confused by his statement, and being innocent is hurt by his censure. At the beginning of the play, the Queen ask s Hamlet to get out from the sadness of the King’s death. What no one knows is that she is trying to tell herself the same thing. She seems to ‘step out’ from the shadow of the suddenl y French leave of her husband. She becomes a liar, she is silly, and childishly thinking that marrying her brother-in-law will keep her close to her husband.The audience and other ? characters are unaware of how much Gertrude loves the late King; this is due to her being perceived as weak, frail and of a lesser moral position than the men that surround her. Weakness is not a characteristic belonging to Gertrude. She is a great mother and wife, who is misrepresented to the audience vis-a-vis a one sided view- that of Hamlet. Hamlet says that he â€Å"must hold his tongue† (Shakespeare, 1. 2. 159) He acts as a male character in the play, although he is saying that he cannot express what he wants to, however he still can do what he likes.Beavering madly, arguing with his mother and even being rude to King Claudius. Whatever how bad deed Hamlet has done, people prefer to believe â€Å"he is mad†, but Gertrude makes one decision that appears to be bad, and people call herà ¢â‚¬  weak† and a treasonous wife; however her decision is also forced by the power of King Claudius, as he preys upon her fear and concern for her son and throne, convincing her that the only solution to reigning her country successfully is through another noble marriage. Sometimes, people judge others unfairly.Gertrude is a great mother who dedicates her life to protect her son and guard the little sanctity she has. Works Cited Bloom, Harold. Bloom's Major Literacy Character- Hamlet. New York: Chelsea House Publishers, 2004. Print. Draper, John Wiliam. â€Å"Queen Gertrude. † Draper, John Wiliam. The Hamlet of Shakesperae's audience. London: FRANK CASS AND COMPANY LIMITED, 1939. 108-121. Electronic. Mullaney, Steven. â€Å"Mourning and Misogyny. † Chedgzoy, Kate. Shakespeare, Feminism and Gender. New York: PALGRAVE, 2001. 172. Print. Shakespeare, William. Hamlet. New York: New American Library, 1998. Print.