Thursday, August 27, 2020

The scope of the doctrine and remedies for frustration of contract in English law Essays

The extent of the regulation and solutions for disappointment of agreement in English law Essays The extent of the regulation and solutions for disappointment of agreement in English law Paper The extent of the convention and solutions for disappointment of agreement in English law Paper Article Topic: Law The courts have deciphered the extent of the tenet of disappointment barely, as per the standard pacta sunt servanda understandings must be kept. On the off chance that the courts promptly held that an agreement was disappointed, it would give occasion to feel qualms about critical a variety of understandings that make commerical undertaking conceivable. As Lord Radcliffe exhorted in Davis Contractors Ltd v Fareham UDC, [f]rustration isn't to be daintily conjured as the dissolvent of a contract.i This conversation will initially analyze the basic purposes behind the thinness of the principle before thinking about the particular constraints. Here it will be contended that in certain occasions the courts choices have been conflicting and in others they have been unduly unforgiving. The accompanying piece of the conversation will look at the cures accessible to gatherings of a disappointed agreement, as found under the Law Reform (Frustrated Contracts) Act 1943. The lacks in the resolution will be investigated, among them equivocalness, which has prompted the uncommon utilization of the Act. Rather, parties have picked to draft out the Act and incorporate temporary provisions of their own. These power majeure and difficulty provisions accommodate an answer if a happening occasion happens which makes it incomprehensible or increasingly cumbersome for one gathering to perform. With the unacceptable condition of the law administering dissatisfaction, it will be placed that these st atements are crucial to hold a component of conviction in business contracting. The extent of the regulation of dissatisfaction Agreement law is established on the rule that liablity for non-execution is exacting. While this appears to be especially serious, it is validated with the conviction that gatherings get significant thought for facing challenges. The assignment of dangers gives a significant capacity of the law of agreement: it empowers people and partnerships to get ready for the future with a moderate level of sureness and consequently to amplify their opportunity of action.ii An agreement must be baffled when execution gets unimaginable, or a happening occasion happens that would make execution profoundly extraordinary to that which was contracted to by the gatherings. In the event that dissatisfaction is adequately argued, its outcome is to finish the agreement. Given this radical result, the courts have deciphered the extent of the tenet barely so as to protect the holiness of contract.iii Paradine v Jane is most as often as possible refered to show this: At the point when a gathering by his own agreement makes an obligation or charge upon himself, he will undoubtedly make it great, in the event that he may, despite any mishap by inescapable need, since he may have given against it by his contract.iv Moreover, if a gathering feels that they would be not able to perform if a happening occasion happens, they ought to accommodate it in the agreement. Many happening occasions that can block execution are predictable and gatherings should build their agreements in like manner. There are a few conditions that may meet all requirements for releasing the agreement on grounds of disappointment. These incorporate the topic of the agreement being demolished; sickness or inadequacy of a contracting party; the non-event of an occasion that framed the establishment of the agreement; happening illegality.v It is absolutely not a standard that these conditions will disappoint an agreement. As Lord Sumner expressed in Bank Line Ltd v Arthur Capel and Co, eventually the disappointment of an experience relies upon the realities of each case.vi There are three fundamental constraints to the principle. Right off the bat, if there are arrangements in the agreement that accommodate an answer in the event that an occasion happens, at that point a contention dependent on disappointment is probably not going to be engaged as the gatherings have just accommodated the occurrence.vii Besides, if the occasion is predictable, the gatherings can't benefit of the regulation of dissatisfaction. In Amalgamated Investment and Property Co Ltd v John Walker Sons Ltdviii the petitioners looked to save an agreement available to be purchased of a property, when they found that daily after they had marked the agreement, the property got recorded and couldn't be redeveloped. This diminished the estimation of the property by roughly 90%. The court held that the agreement was not baffled in light of the fact that the petitioners knew about the hazard, as confirm by a pre-contract enquiry regarding whether the structure could be recorded. The happening occasion didn't satisfy the test set by Lord Radcliffe in Davis Contractors Ltd v Fareham UDCix it didn't render [the performance] a thing fundamentally not quite the same as that which was embraced by the contract.x In Krell v Henryxi Vaughan Williams LJ communicated the predictability test as far as whether the occasion was envisioned or not. Notwithstanding the rationale of this suggestion, it has not been without challenge. In The Eugenia, Lord Denning expressed that: It has much of the time been said that the principle of dissatisfaction possibly applies when the new circumstance is unanticipated or sudden or uncontemplated, as though that were a basic component. Be that as it may, it isn't so.xii In expressing this, Lord Denning depended upon the judgment in WJ Tatem Ltd v Gamboaxiii where a charterparty was held to be disappointed, despite the fact that it was predictable that the boat would be seized. It is hard to accommodate these decisions with past ones that have been chosen, and it is indeterminable concerning how future courts will control on this test. A third confinement on the precept of dissatisfaction is if the occasion is self-prompted. In Taylor v Caldwell, Blackburn J expressed that disappointment applied where execution had gotten unimaginable without default of the contractor.xiv The manner by which the courts have deciphered a self-prompted occasion isn't liberated from contention. In J Lauritzen AIS v Wijsmuller BV The Super Servant Two Bingham LJ expressed that disappointment needed to emerge from some outside event.xv For this situation, the litigant contracted to move an oil rig with either the Super Servant One or the Super Servant Two bearer. The litigant expected to utilize the last mentioned, yet it sank, and the Super Servant One had been designated to different agreements. The Court of Appeal held that the agreement was not finished as a result of the sinking of Super Servant Two, but since of the litigants political race not to utilize Super Servant One, in this manner the agreement was not baffled. Treitel has condemned the thinking of this judgment because after the loss of the boat, it got unimaginable for the respondents to play out the entirety of its agreements during the period being referred to with just a single operable transporter. Treitel further contends that in such a situation, where a gathering has gone into various agreements with different gatherings, and a happening occasion doesn't allow him to satsify each one of those agreements, he can, if he acts sensibly, choose to play out a portion of the agreements, and case that the others have been baffled by the event.xvi This contention surely has merit and would prompt an unmistakably more simply result than that chose by the court. The Law Reform (Frustrated Contracts) Act 1943 In situations where an agreement was disappointed, the custom-based law was sick prepared to give a cure. This lead to treacherous choices, for example, Chandler v Websterxvii where an agreement was baffled however the wronged party was as yet subject to pay. The privileges of the gatherings were resolved exclusively on when the commitment to pay emerged previously or after the baffling occasion. On the off chance that they emerged previously, at that point there was as yet a commitment to pay, whether or not there had been a complete disappointment of thought. In 1943, the Law Reform (Frustrated Contracts) Act [hereinafter the Act] was passed fundamentally to determine this situation.xviii In no time before the order of the Act, the House of Lords turned around Chandler on account of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd.xix Money paid before the occasion was recoverable when there was a complete disappointment of thought. This was an improvement in the condition of the custom-based law, however it was as yet not palatable as it didn't permit the payer to recuperate cash where there was just an incomplete disappointment of thought, and besides, the payee couldn't set off costs that he truly brought about. Under s.1(2) of the Act, cash paid before the baffling occasion is recoverable and cash payable before the occasion stops to be payable, subject to genuine costs caused before the occasion. Segment 1(3) further gives that on the off chance that one gathering has gotten a significant profit by anything done by the other party, at that point the appointed authority may arrange that gathering to offer a total in appreciation of it. In BP v Hunt, Goff J expressed that the crucial standard basic the Act itself is anticipation of the unjustifiable improvement of either gathering to the agreement at the others cost and its motivation was not to allot the misfortune between the parties.xx As McKendrick calls attention to, this understanding isn't without challenge, and an elective examination is that the Act is intended to give an adaptable hardware to the alteration of loss.xxi The reason for the Act is consequently still in question. There are progressively explicit reactions leveled by McKendrick.xxii Whilst they can't all be tended to here, it is essential to distinguish the essential troubles. Right off the bat, s.1(2) doesn't cover cash paid after the occasion; the payor would need to determine this at precedent-based law where there is little break. Furthermore, it is hard to find out how misfortune will be determined between the gatherings. In the event that the payor has given the payee à ¯Ã¢ ¿Ã¢ ½20,000 which has been consumed in execution of the agreement, what amount can the payee hold? McKendrick states that the subsection isn't all around drafted and that lacking thought has been

Saturday, August 22, 2020

Complete monopoly Essay

Today, numerous organizations are getting a charge out of a restraining infrastructure of their items/benefits in the market. Imposing business model might be characterized as the full oversight over an item appreciated by a specific organization in the market. There will be just an independent producer or supplier of the ware and clients need to rely upon them at whatever point there is an interest since there are no substitutes accessible. Thus, such a maker can have an outright command over the cost just as amount accessible in the market. Another advantage delighted in by the imposing business models are that they don't confront any danger of a rival entering the market. So as to build up total imposing business model, as a rule organizations deal with the accompanying things: 1. They secure the unlimited oversight over the key crude materials required for assembling the item. 2. They may gain a patent so as to be the independent makers or suppliers of the item or administration. 3. They obtain the specialized and beneficial proficiency to satisfy the market need for their product. Typically an item delivered by the syndications will be made in less amounts just and their expense might be higher. Since there is no market rivalry, the points of interest are generally appreciated by the producers. Little are the advantages gotten by the customers, since they must choose between limited options when an interest emerges. Highlights OF MONOPOLY coming up next are the fundamental highlights of a restraining infrastructure showcase: 1. In a syndication, there is an independent maker or supplier of a product. So all the requests in the market are to be met by this single merchant. 2. Most elevated advantages are appreciated by the independent maker. 3. The value, amount just as the nature of the item is the total choice of the producer. Regularly, products accessible in an imposing business model market will have a more significant expense. 4. There is no opposition or substitutes in a syndication advertise. Regardless of whether a contender needs to enter a market, it is an extremely troublesome assignment. Sorts OF MONOPOLY There are different kinds of syndication winning in the market. Different orders have been made dependent on various standards. This area checks in detail the characterizations: 1. In view of possession a. Open Monopoly: In an open restraining infrastructure, the item/administration is given and constrained by the Government of the nation. In contrast to different imposing business models, open restraining infrastructure doesn't rely on amplifying benefit hypothesis. Or maybe it is focused on the advantages of the individuals. For instance, the Oil Industry in Abudhabi is the syndication of ADNOC. There are no contenders to ADNOC and still gas is given to the occupants at a sensible cost. b. Private Monopoly: In solid complexity to open restraining infrastructure, on account of private imposing business model, the item/administration is given and constrained by private firm or a person. Their primary focus will be on augmenting the benefit and thus such wares will have a more significant expense. For instance, the jewel makers De Beers delighted in a total restraining infrastructure over the market for around 100 years. In a drive to accomplish greatest benefits, they made a bogus impression that the precious stone gracefully was getting restricted and henceforth expanded the rates which mounted up their benefits. 2. In light of the value a. Straightforward Monopoly: For the situation of basic imposing business model, the cost of an item/product is the equivalent paying little heed to the clients. Generally it has control in a specific market as it were. For instance, the water gracefully in Abu-Dhabi is dealt with by ADWEA. The cost charged is the equivalent over the emirate showing a basic imposing business model. b. Separating Monopoly: For the situation of a segregating restraining infrastructure, the cost is separated by the clients. Such a product will have various costs in various districts. Ordinarily, such a firm has control in different markets. For instance, the expense of Mercedes Benz vehicle is distinctive in various nations of the world. In Germany, where it is produced, it is typically sold at a generally lower cost. In UAE, the cost is higher than that in Germany. In India, the cost is higher than that in UAE. 3. In light of rivalry level a. Immaculate Monopoly: In impeccable imposing business model, there is definitely no danger from any contenders. Such firms appreciate unlimited oversight without the dread of any contender entering the market. This is the best case and is hard to be set up in realty. b. Flawed Monopoly: In defective imposing business model, there is no rival in appearance. Be that as it may, the organization might be in the dread of a rival entering the market sooner rather than later. As the name shows, the dealer loath the total highlights of a perfect imposing business model on the grounds that there is a danger of rivalry. For instance, as of not long ago Etisalat delighted in the restraining infrastructure of media communications and internet providers in the UAE. Be that as it may, with the section of du, Etisalat is confronting a defective imposing business model as du is augmenting its support of the considerable number of domains of Etisalat. 4. In light of how the imposing business model is accomplished. a. Lawful Monopoly: Legal imposing business model is typically the restraining infrastructure procured by a firm by legitimate methodology with the authorization from the Government. Copyrights, trademarks, licenses and so on are legitimate apparatuses for acquiring restraining infrastructure over an item or administration. For instance, the organization Telstra obtained a legitimate restraining infrastructure over giving broadcast communications administration in Australia. b. Regular Monopoly: Natural Monopoly is the syndication gotten normally with no lawful methods. Such an imposing business model is gotten because of the upside of cooperative attitude, abundant assets, great site and so on. For instance, Middle East appreciates a characteristic restraining infrastructure over the gas assets in the territory. End Although numerous organizations appreciate a syndication over their items, only from time to time do such guidelines advantage the clients, aside from the instance of open imposing business model. Since there no rivalries, the upper hand is additionally denied to the clients and generally they are compelled to purchase the item regardless of their dithering. In any case, imposing business model is most appreciated by the organizations practicing it. REFERENCES 1. Goodwin, Nelson, Ackerman, Weissskopf. (2009). ‘Microeconomics’, second version.

Friday, August 21, 2020

Topic Choices For An Internet Based Essay

Topic Choices For An Internet Based EssayWhen students are writing essays for the World Wide Web based on different topic areas, they will need to know that there are a number of essay topics that they can choose from. The level of detail in a particular topic is something that a student needs to decide before they choose which essay topic to use.Some students may not want to pick an essay topics until they have taken a good look at what they want to write about. They may want to choose a topic that is going to appeal to their audience. For example, they may want to choose a topic that will appeal to their audience because they want to write a philosophical essay.There are many different kinds of subjects that may appeal to a student. If a student is going to write an essay based on philosophy, they will need to pick one of the three main categories of topics. The topics will be logical, empirical, or metaphysical. Logical and empirical are topics that are used in most academic circl es while metaphysical is a more esoteric type of topic.Many students will first start with the logical essays before they choose a topic for the WWW based essay. Logical essay topics tend to cover subjects such as logic, probability, numbers, and other patterns. Another logical topic that is often chosen is the arithmetic. The subject of the arithmetic relates to the addition, subtraction, multiplication, and division.Logical topics can be very easy to write and some students may be intimidated by this type of topic. They may be so scared of writing a difficult topic that they just sit down and try to figure out how to write the topic themselves. There are some steps that can be taken to help a student to make the process easier.A logical topic will often have many topics that relate to it. Each of these is an important step that a student can take to make the topic easier to write. With this, students can write the topic faster and with less struggle.Mathematical topics are also ea sy to write. For example, when a student starts their essay on the Pythagorean Theorem, they should first make sure that they understand the subject matter first. Once they understand the subject matter, they can then take the steps needed to prove their points.The truth is that there are many essay topics that a student can choose from. Many students will choose to start off with the logical and mathematical topics. Other students may choose to start with the analytical and empirical topics.

Monday, May 25, 2020

The Era Of The Modern Penitentiary System - 1829 Words

â€Å"Early† correctional history is normally put in a pretty large category ranging from 2000 B.C. to 1800 A.D. (Allen, 2010). This period obviously covers a wide range both in time and technological advances along with cultural standards. This period includes ancient Babylonia and Samaria, Rome, Medieval Europe, Renaissance Europe, to the rise of the modern penitentiary system in America. Throughout this large chunk of time there were obviously many different practices that came into being, but two main factors can be singled out as to what changed early corrections into what we know to this day. First of all, there was a change from vigilante justice (lex salica) to governmental regulation (lex talionis). Lex salica is where a victim of wrongdoing (or their family) carry out revenge or retaliation under the assumption that an offender has to pay for their crime. For example, crime was viewed as a private matter in Ancient Greece and Rome. Even offenses such as murder, justi ce relied on the victim s family with the threat of private war or vendetta the means of protection against further slights. This idea that there must be some final justice is the earliest form of â€Å"corrections†, and it was how crime was handled in ancient history, that is at least until the development of lex talionis after the fall of the Roman Empire in 476 AD. Lex talionis means an eye for an eye or tooth for a tooth but it technically refers to the switchover in time when governments (not familiesShow MoreRelatedHistory Of The Prison System1067 Words   |  5 PagesThe history of the prison system in the US is very extensive and encompasses nine different eras which include the Penitentiary era, Mass Prison, Reformatory, Industrial, Punitive, Treatment, Community-based, Warehousing, and the Just-desert era. Each era had its own strength and weaknesses that influenced each subsequent era that came after. the idea of a prison system came about from the colonist desire for a more humane method of dealing with criminal offenders. It was a key move away from corporalRead MoreEssay on Does The Punishment Fit The Crime?851 Words   |  4 Pagespunish those criminal behaviors changes. In the early modern era in Europe, public executions were the primary punishment given to members of society who were involved in criminal behavior. This form of punishment served to showcase the absolute power of the state, King and church to take away the life of any citizen who disrupts peace. It was a way to make the criminal justice system visible and effective in an era when the criminal justice system was in its beginning stages of demonstrating orderlinessRead MoreThe Romanian Criminal Justice System1715 Words   |  7 Pages The Romanian Criminal Justice System Cory J. Mackley-Portley Texas State University – San Marcos The Romanian Criminal Justice System The history and evolution of any country is complex and open to the interpretation of progression or regression as defined by the reader. The history of its criminal justice system is no different. This is more so complicated in that this particular country, Romania, is in a relatively new post-communist era. To increase the understanding of the evolution of lawRead MoreThe Incarceration Of The Correctional System910 Words   |  4 PagesThe correctional system in America is an umbrella term referring to a range of mandates that entails the management, supervision, and rehabilitation of convicted offenders. These mandates are often carried out through incarceration, probation, or parole, while prisons are the most popular correctional agency in America. Prisons in America were among some of the first public buildings established in the New World. Early prisons were not considered â€Å"houses of punishment,† but were rather referred toRead MorePrison Architecture : Discuss The Evolution Of Corrections1605 Words   |  7 PagesArchitecture and how it has evolved throughout the history of corrections. Be sure to include information about security methods and techniques. Also discuss how different structures may be therapeutic. From underground cells to electronic monitoring systems, these are the ways prisons evolved over the centuries to keep society, correctional officers, in prisoners safe. One of the first notable prisons, the Mamertine Prison, was located in Rome and build around 640 B.C. by Ancus Marcius. The Roman CatholicRead MoreThe American Penal System : The United States Essay1705 Words   |  7 PagesThe American Penal System Crime has been an ever-present figure in America even before America officially became a country. Where there is crime, there must be a way to suppress it. That is where prisons come into play. When a person commits a crime, he or she might stay in a prison while awaiting trial and might also stay in a prison as a punishment if that trial does not end in his or her favor. According to The Sentencing Project, as of 2015, the United States’ rate of incarceration was the highestRead MoreDeath Penalty Essay Outline1443 Words   |  6 Pagesaround for centuries first appearing in Hamarabis code. In modern society the death penalty is often overlooked because normally it is a criminal receiving the punishment and not your everyday good citizen. Which is where the main argument lies for most people. The Death Penalty can affect all people, directly or indirectly, yet most people dont see it this way. From the stoning in the late B.C. era to the lethal injection, many modern governm ents, including the united States. have sentenced manyRead MoreHistory of Corrections: from Then to Now1809 Words   |  8 PagesS. corrections system, a subdivision of the criminal justice system, continues to undergo change. From its beginnings as laws written in stone, the corrections system has sought to punish offenders. The origin of the corrections system dates back several thousand years and has witnessed various perspectives and goals. The best method of administering punishment to these prisoners has remained an issue of dispute for many years. Events through history, such as the first penitentiary and the DeclarationRead MoreHistory of Punishment2331 Words   |  10 PagesC.E. This code described legal procedures and punishments for offenders, such as stoning to death or public abuse while dying. †¢ During the Roman Empire, Emperor Justinian in 534 C.E. compiled a code, which would constitute the basis for all modern European law. In Rome, offenders were usually tortured, served as slaves or in the imperial galleys. †¢ In most of Europe, forms of legal sanctions that are familiar today did not appear until the beginning of the Middle Ages, in the 1200s. BeforeRead MoreThe Fight For Civil Rights1061 Words   |  5 Pages The fight for civil rights was one of the most significant events of american history in the years of 1960. It was an era to struggle and to look forward for a better future. In that era American people witnessed the rise of the Red Power Movement. This movement was a way for Native American to get back some of their rights and pushing for more and more. There are two major aspects of the Red Power movement. The first one the political aspect which attempts to solve problems through the political

Friday, May 15, 2020

Human Resource Management Processes And Activities

Figure 1.3 Image source: simplehrguide.com Human resource management processes and activities are also used for being competitive by organisation; HRM Process: ï‚ § Recruitment and selection; the main reason for recruit and selection process is to identify potential employee who can fit with the hiring organisation. It is an expensive and complex process. Moreover organisation selection and recruit process prioritise employees â€Å"hard† technical skills compare to their â€Å"soft† behavioural and attitude skills. Though hard skills are crucial but no matter how sophisticated the manufacturing technology is but no improvement can be sustained without soft skills in workers. Although workers can be trained quickly in tools and techniques but developing soft skills can take long time in compare to hard skills.in come cases; the employee personal attitude and characteristics cannot be altered so the recruiter should pay close attention to potential employee’s attitudes and personality traits during selection process. Though many researchers have long urged firm’s to make basic alteration during recruitment and selection process while applying quality management practices, but very few organisation applying quality management requisite attention to these suggestions till date. (Snell et al., 2000). ï‚ § Goal setting: ï‚ § Training and development; In terms of this review,Show MoreRelatedEssay on The Role of Mobile Technology in Human Resources Management1296 Words   |  6 PagesThe role of Mobile in Human Resources Management Introduction Technology development is one of the most powerful driving forces. 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Strategy formulation provides input as to what is possible given the types and numbers of people available and strategy implementation are the primary resource allocationRead MoreHuman Resource Development Essay1671 Words   |  7 PagesHuman Resource Development (HRD) is often seen to be a central feature of SHRM. Discuss the role and importance of HRD in achieving SHRM organizational outcomes. Introduction Learning and development in the context of organizational development is having an essential role in achieving strategic human resourcing outcome. From attraction and retention, to development and utilisation of human capital, Human Resource Development (HRD) is the centre of strategic focus in HRM. This essay aims to presentRead MoreEssay on Human Resource Development1689 Words   |  7 PagesHuman Resource Development (HRD) is often seen to be a central feature of SHRM. Discuss the role and importance of HRD in achieving SHRM organizational outcomes. 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Project manager is the one who identifies the various processes required to carry the project and is responsible for the various activities, relative dependency among the various activities to carry out the process and thusRead MoreThe Long Term Performance Of A Company1558 Words   |  7 Pagesdecisions and actions taken by the highest level of the organization to achieve the performance targets. In this context, the strategic management is defined, therefore, as that set of decisions and actions taken by management to assess the long term performance of a company. The world of organizations in the past few years is turning more and more attention to human resources, since the quality and skills of the latter are a real competitive advantage for companies operating in all sectors. In the lastRead MoreHuman Resource Management And Organizational Goals1587 Words   |  7 Pagespast two decades, where the best-intentioned human resource processes attempting to align human resource practices with organisational goals have become mismatched. Due to external factors such as globalization, advances in technology and changing views regarding the importance of human resources as a competitive advantage for organisations, the nature of work has been redefined (Horwitz, Heng, Quazi, 2003). This has caused human resource management to become more than just a function, but a strategicRead MoreHuman Resources Purpose and Role803 Words   |  4 Pages------------------------------------------------- HUMAN RESOURCES PURPOSE AND ROLE In simple terms, an organization s human resource management strategy should maximize return on investment in the organization s human capital and minimize financial risk. Human Resources seeks to achieve this by aligning the supply of skilled and qualified individuals and the capabilities of the current workforce, with the organization s ongoing and future business plans and requirements to maximise return on

Wednesday, May 6, 2020

Ethical Issues Of Recruitment And Selection - 1527 Words

Ethics is moral principles that govern a person s behaviour or the conducting of an activity. The main ethical issues in recruitment and selection are asking candidates the same question. Ethical issues are a problem or situation that requires a person or organization to choose between alternatives that are judged as right (ethical) or wrong (unethical). Ethical issues in recruitment and selection are that applicants are to be hired based purely on merits such as knowledge, skills, and ability in accordance to the needs of the organization. Some ethical issues are that job advertisements should not be misleading in order to get applications. The business must make sure that the terms of employment are clearly explained. The†¦show more content†¦Another benefit is reduced legal problems if a business complies with the legislations then it decreases their risk of fines, penalties, work stoppages, lawsuits or a shutdown of your business. However, when a business doesn’t meet some compliance requirements, such as posting an employment poster in the wrong area of your office, you might get a warning and a chance to correct the problem. In other situations, you might face costly sanctions. Failing to meet your legal obligations, such as in your manufacturing procedures or advertising methods, can also help someone suing you strengthen his case. Many business rules and regulations can help you more than harm you. For example, rules regarding discrimination and harassment help you create a better working environment for your employees, which can lead to more worker productivity. Following safety and security rules helps prevent injuries, fires or building evacuations that hurt your profitability. The more employees feel they work in a fair, professional and safe environment, the more likely they will be to stay with you. However, even if you don’t harass or discriminate against any employees, if you don’t take steps to ensure none of your employees does, you can lose valuable workers. Recruitment is the process by which a business seeks to hire the right person for a vacancy. Recruitment refers to the overall process of attracting, selecting and appointing suitable candidates for jobs (either permanent or temporary)Show MoreRelatedChallenges Of Recruitment And Selection Process1472 Words   |  6 Pagesto recruiting and selection. Recruitment is the process of searching for applicants for a job and after finding qualified candidates, encourage them to apply for positions within an organization. During the recruitment process, the job description should be outlined so that the job matches the expectations of the new employee (Flynn et al, 2015). Making sure that the expectations are aligned to the employee reduces the potential for turnovers (Flynn et al, 2015). Legal Issues In the recruitingRead MoreBTEC TEMPLATE unit 13 NEW1062 Words   |  5 Pagesï » ¿ Assignment Title Unit 13: Recruitment and Selection in Business Assessor Date Issued Hand in Date Duration (approx.) Qualification suite covered Level 3: BTEC Diploma in Business Units covered Unit 13 Learning aims and objectives The aim of this unit is to develop learners’ skills and knowledge of recruitment and selection in business. Learners will do this through preparing the relevant documents used in the selection process, planning and taking part in mock interviews and researchingRead More: the Impact of Legal and Regulatory Framework on Recruitment and Selection Activities1264 Words   |  6 PagesName: Kelvin Tung Unit 13: Recruitment and Selection in Business Title: The Impact of Legal and Regulatory Framework on Recruitment and Selection Activities (P2) As recruitment and selection is very important part for any organisation, there will be a lot of legislation that every company will need to comply of. This is to ensure that the process is fair and that everyone can have equal access to job vacancies. They are quite a number of legislation that involves recruitment around the UK. Some ofRead MoreUnit 14 Working with and Leading People1161 Words   |  5 Pagesrecruiting the right people is a key factor. Organisations with effective recruitment and selection processes and practices in place are more likely to make successful staffing appointments. In competitive labour markets this is a major advantage that well-organised businesses will have over their competitors. It is important, therefore, for learners to appreciate that the processes and procedures involved in recruitment and selection to meet the organisation’s human resource needs are legal. This unitRead MoreDescription Of An Organization Human Resource Management System1591 Words   |  7 PagesTwo key recruitment factor: This are the recruitment factors that can help James hotel to attract and select best applicant for job. 1. Internal factor: Most of company use this method to fill vacancies of company. Internal recruitment help organisation to construct good relationship with exiting employees and more commitment with organisation. Following are internal recruitment methods, †¢ Promotion †¢ Demotion †¢ Transfer †¢ Upgrading †¢ Etc. Hotel can use following methods for recruitment. 1Read MoreBusiness Ethics For Human Resource Management1309 Words   |  6 PagesWhat are the implications of business ethics for human resource management? Explain the potential roles of human resource managers in the ethical conduct of business. By Shehan Perera (100684161) Ethics in HRM suggests the treatment of employees with common decency and justice. Ethical business practices contributes to the long and short term business objectives as the employees will feel motivated thus they will work efficiently and effectively . The conduct ofRead MoreCase Study : Mcdonald s Organization1153 Words   |  5 Pageseffective supply chain and better performance system. Thus they set better standards and maintain the goals as well as accomplishments to become flexible and reliable. The legal, ethical and corporate social responsibility maintains the company’s strategies and forward movement. It deals with the ethical as well as social issues with the help of proper planning. It also keeps the customer feeling satisfied and the company maintains the effective change in their strategies with respect to its communityRead MoreRecruitment Strategies For Recruiting Recruitment802 Words   |  4 PagesRecruitment Strategies Introduction Employers and recruiters employ various strategies in meeting the required recruitment goals. To hire the best human resource requires that the human resource department employs recruit methods to target the specific personnel. Human resource professionals are charged with the recruiting responsibility in almost all organizations. However, this role is also delegated to staffing agencies, hiring managers, and principal company chiefs such as directors. RecruitmentRead MoreEqual Pay Act 1970 : Equality And Diversity963 Words   |  4 PagesThe Vedas Recruitment Training the policy (Equality Diversity Policy) is designed to discourage discrimination and promote inclusion by ensuring everyone is treated fairly and are provided opportunities on ability and merit. The ED policy is complemented by a range of policies and procedures including: †¢ Recruitment Selection †¢ Learning Development †¢ Performance Management †¢ Harassment Bullying †¢ Communications †¢ Safeguarding When used within the recruitment selection process thisRead MoreFactors That Affect The Recruitment Process1239 Words   |  5 Pagessay though recruitment is about searching the prospective employee and encouraging them to apply for the job, this process is affected by many factors. They indicated that the size of the company has direct influence on the recruitment process. The recruitment policy of the company pertaining to their internal candidates requires companies to try and fill in the job first with the available internal candidates. The reservation policy of the government directly affects the recruitment process. Recruitment

Tuesday, May 5, 2020

Creating dramatic tension Essay Example For Students

Creating dramatic tension Essay This type of short sentence structure is known as staccato rhythm. Its a means of creating dramatic tension. The reason behind this tension could be the connotation of interruption that speeds up the conversation. West and Zimmerman (1974:81) When someone doesnt finish a sentence because theyre interrupted, this then hastens the next sentence, because they want to finish what they were saying. When people are speaking fast, especially Americans, they tend to substitute words in the dialogue. Aitchison and Lewis (2003) devised some theories about word substitution. Its very characteristic of spontaneous discourse to avoid tedious repetition. For example, words like so and gonna are common words in American slang that are difficult to detect because they are used so often in Will and Grace. Another type is ellipsis, which is omitting elements altogether. Speakers, who know each other well, often use ellipsis because they have many shared meanings that do not need stating explicitly. In Will and Grace, the two main characters have been friends forever and because sex is not a factor in their relationship, they can share things most cross-sex friendships cant. Will: Yeah, and then Harpo and Zeppo could bring in the Deans wife, and well all sail to Fredonia. Grace: Hey, dont knock it. It was very funny when we did it in my Dads G. I series. Theyre sharing a memory here that the audience would not know about. They dont need to go into detail about it because they know what each other is trying to say. The conversational analysis of Will and Grace has shown a lot of common theories about dialogue patterns in broadcasting. These conversations also convey other meanings about the sitcom. They show different representations of men and women and in particular emphasise the speech patterns of homosexuals Will and Jack. Will and Grace put a positive spin on the representations of gender and sexuality, which was a taboo subject on television only a few years ago. According to Dirk Schulz of www. genderforum. uni-koeln. de, the American sitcom Ellen caused outrage for NBCs viewers, when she turned gay through her series. It was conceived as abnormal. However, Will and Graces producers characterised Will and Jack as gay from the beginning. This gave a feeling of safety and predictability for the viewers and would not propose any shock. The humour would be if Will and Jack decided to become straight, it would be uncharacteristic for them, but not have the same shock value for the audience. In most discourse, the representations of gay characters are either presented as tragically doomed or laughing stock for the audience. Sandler (2001:131). This ideological inference is challenged in the 1981 film, The Celluliod Closet (1981). It examines our attitudes about sexuality and sex roles using celebrities as their focus. Celebrities serve as potential role models for their audiences. Smith (2000:341) They identify with the role of the celebrities themselves. This is why this film gained critical acclaim for its insight into homosexuality and why the representation of homosexuals is more politically correct. Will and Grace adopts this theory by having cameo roles for celebrities in their show. Madonna and Kevin Bacon are some of the many celebrities that have appeared in the series. Homosexuality is an essential part of media representation, but is a fairly new construction of discourse. Ellen was the first sitcom to really promote homosexuality, but Will and Grace managed to do it in a more effective way. It appears normal in their New York society and there is a big culture for it. Will and Jack have frequent partners in the show and society seems to accept them. However, in the episode, Oh Dad, Poor Dad, Hes Kept Me in The Closet and I, So Sad, Wills father, George is proud of his son but finds his homosexuality difficult to deal with in front of his peers. .u90e5a07b3599590faabd415261dbef05 , .u90e5a07b3599590faabd415261dbef05 .postImageUrl , .u90e5a07b3599590faabd415261dbef05 .centered-text-area { min-height: 80px; position: relative; } .u90e5a07b3599590faabd415261dbef05 , .u90e5a07b3599590faabd415261dbef05:hover , .u90e5a07b3599590faabd415261dbef05:visited , .u90e5a07b3599590faabd415261dbef05:active { border:0!important; } .u90e5a07b3599590faabd415261dbef05 .clearfix:after { content: ""; display: table; clear: both; } .u90e5a07b3599590faabd415261dbef05 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u90e5a07b3599590faabd415261dbef05:active , .u90e5a07b3599590faabd415261dbef05:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u90e5a07b3599590faabd415261dbef05 .centered-text-area { width: 100%; position: relative ; } .u90e5a07b3599590faabd415261dbef05 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u90e5a07b3599590faabd415261dbef05 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u90e5a07b3599590faabd415261dbef05 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u90e5a07b3599590faabd415261dbef05:hover .ctaButton { background-color: #34495E!important; } .u90e5a07b3599590faabd415261dbef05 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u90e5a07b3599590faabd415261dbef05 .u90e5a07b3599590faabd415261dbef05-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u90e5a07b3599590faabd415261dbef05:after { content: ""; display: block; clear: both; } READ: How would you direct Act3 Scene 1 of Romeo and Juliet for a contemporary audience at the Globe Theatre EssayHe tells them that Will and Grace are married, to avoid telling his fellow colleagues that he is gay. He thinks they will disapprove. In the end he tells them the truth and they accept it, with no qualms. Whether this would happen in real life is debateable, however, this sitcom shows that gender and sexuality norms are being challenged. Gender roles in Will and Grace could be argued as typically 21st Century. Grace is a strong female character, who runs her own business and has a good sense of humour. She is not oppressed by men and cant even cook. Will often takes on the domestic responsibilities of the pair, but also works as a legal attorney. He is not feminised and appears to be an ordinary man in the city. Jack however, is extremely camp. His constant cabaret acts and high pitched tone are characteristic audiences would expect from a gay man. However, his character appears to emphasise these expectations for audience pleasures, so they can identify with their own norms about gay men. Its part of Walkers theory about predictability. Walker (2000:51). By affirming the cognitive stability of gay identity as a category, but rather endorsing gay identity as a signifier of resistance to the often exclusionary logic of identity that nonetheless makes possible at given moments for different constituencies, an identity of resistance. Endelman (1994). The character of Jack was allowed to be as gay as he liked, because he had a gay identity that was accepted by the audience. In conclusion, Will and Grace was an apt sitcom to analyse. The conversational analysis showed many theorists ideas about pauses and language rhythm. It showed how, when analysing the transcripts, a clear idea of how the dialogue is structured can be seen. This qualitative approach allowed me to do an in-depth research into the language and its structure. A quantitative analysis would have prevented me from doing so. The language also showed clear gender representations in the series. The main characters have strong representations, including homosexual representations, that are not commonly seen in other sitcoms. It challenges the preconceived ideologies that some viewers may have when watching television, but it is not shocking. Previous discourse has allowed Will and Grace to freely adopt gay representations for their characters that has proved a huge success internationally. References Aitchison, J. Lewis, D. (Eds). (2003). New Media Language. London: Routledge. COULTHARD, M. (1985). An Introduction to Discourse Analysis, 2nd edn. London: Longman. Davis, H. Walton, P. (1983). Language, Image, Media. Oxford: Blackwell. Garfinkel, H. (1967). Studies in Ethnomethodology. Englewood Cliffs; NJ: Prentice Hall. Heritage, J. (1984). Garfinkel and Ethnomethodology. Cambridge: Polity. Scannell, P. (1991). Broadcast Talk. London: Sage.

Tuesday, March 10, 2020

Biography of Alvaro Obregón Salido, Mexican President

Biography of Alvaro Obregà ³n Salido, Mexican President Alvaro Obregà ³n Salido (February 19, 1880–July 17, 1928) was a Mexican farmer, general, president, and one of the key players in the Mexican Revolution. He rose to power because of his military brilliance and because he was the last of the Revolutions â€Å"Big Four† still alive after 1923: Pancho Villa, Emiliano Zapata, and Venustiano Carranza had all been assassinated. Many historians consider his election as president in 1920 to be the end point of the Revolution, although the violence continued afterward. Fast Facts: Alvaro Obregà ³n Salido Known For:  Farmer, general in the Mexican Revolution, president of MexicoAlso Known As:  Alvaro Obregà ³nBorn:  February 19, 1880 in Huatabampo, Sonora, MexicoParents: Francisco Obregà ³n and Cenobia SalidoDied:  July 17, 1928, just outside Mexico City, MexicoEducation: Elementary educationSpouse: Refugio Urrea, Marà ­a Claudia Tapia MonteverdeChildren: 6 Early Life Alvaro Obregà ³n was born in Huatabampo, Sonora, Mexico. His father Francisco Obregà ³n had lost much of the family wealth when he backed Emperor Maximilian over Benito Jurez during the  French Intervention in Mexico in the 1860s. Francisco died when Alvaro was an infant, so Alvaro was raised by his mother Cenobia Salido. The family had very little money but shared a supportive home life and most of Alvaros siblings became schoolteachers. Alvaro was a hard worker and had the reputation of being a local genius. Although he had to drop out of school, he taught himself many skills, including photography and carpentry. As a young man, he saved enough to buy a failing chickpea farm and turned it into a very profitable endeavor. Alvaro next invented a chickpea harvester, which he began to manufacture and sell to other farmers. Latecomer to the Revolution Unlike most of the other important figures of the Mexican Revolution, Obregà ³n did not oppose dictator Porfirio Dà ­az early on. Obregà ³n watched the early stages of the Revolution from the sidelines in Sonora and, once he had joined, Revolutionaries often accused him of being an opportunistic latecomer. By the time Obregà ³n became a Revolutionary, Dà ­az had been ousted, the Revolutions chief instigator Francisco I. Madero was president, and the Revolutionary warlords and factions were already beginning to turn on one another. The violence among the Revolutionary factions was to last more than 10 years, in what was to be a constant succession of temporary alliances and betrayals. Early Military Success Obregà ³n became involved in 1912, two years into the Revolution, on behalf of President Francisco I. Madero, who was fighting the army of Maderos former Revolutionary ally Pascual Orozco in the north. Obregà ³n recruited a force of some 300 soldiers and joined the command of General Agustà ­n Sangines. The general, impressed by the clever young Sonoran, quickly promoted him to colonel. Obregà ³n defeated a force of Orozquistas at the Battle of San Joaquà ­n under General Josà © Inà ©s Salazar. Shortly thereafter Orozco fled to the United States, leaving his forces in disarray. Obregà ³n returned to his chickpea farm. Obregà ³n Against Huerta When Madero was deposed and executed by Victoriano Huerta in February of 1913, Obregà ³n once again took up arms, this time against the new dictator and his federal forces. Obregà ³n offered his services to the government of the State of Sonora. Obregà ³n proved himself to be a very skilled general and his army captured towns from the federal forces all over Sonora. His ranks swelled with recruits and deserting federal soldiers and by the summer of 1913, Obregà ³n was the most important military figure in Sonora. Obregà ³n Joins With Carranza When Revolutionary leader Venustiano Carranzas battered army straggled into Sonora, Obregà ³n welcomed them. For this, First Chief Carranza made Obregà ³n supreme military commander of all Revolutionary forces in the northwest in September 1913. Obregà ³n didnt know what to make of Carranza, a long-bearded patriarch who had boldly appointed himself First Chief of the Revolution. Obregà ³n saw, however, that Carranza had skills and connections that he did not possess, and he decided to ally himself with â€Å"the bearded one.† This was a savvy move for both of them, as the Carranza-Obregà ³n alliance defeated first Huerta and then Pancho Villa and Emiliano Zapata before disintegrating in 1920. Obregà ³ns Skills and Ingenuity Obregà ³n was a skilled negotiator and diplomat. He was even able to recruit rebellious Yaqui Indians, assuring them that he would work to give them back their land. They became valuable troops for his army. He proved his military skill countless times, devastating Huertas forces wherever he found them. During the lull in the fighting in the winter of 1913–1914, Obregà ³n modernized his army, importing techniques from recent conflicts such as the Boer Wars. He was a pioneer in the use of trenches, barbed wire, and foxholes. In mid-1914, Obregà ³n purchased airplanes from the United States and used them to attack federal forces and gunboats. This was one of the first uses of airplanes for warfare and it was very effective, although somewhat impractical at the time. Victory Over Huertas Federal Army On June 23, Villas army annihilated Huertas federal army at the Battle of Zacatecas. Out of some 12,000 federal troops in Zacatecas that morning, only about 300 staggered into neighboring Aguascalientes over the next couple of days. Desperately wanting to beat competing Revolutionary Pancho Villa to Mexico City, Obregà ³n routed the federal troops at the Battle of Orendain and captured Guadalajara on July 8. Surrounded, Huerta resigned on July 15, and Obregà ³n beat Villa to the gates of Mexico City, which he took for Carranza on August 11. Obregà ³n Meets With Pancho Villa With Huerta gone, it was up to the victors to try and put Mexico back together. Obregà ³n visited Pancho Villa on two occasions in August and September 1914, but Villa caught the Sonoran scheming behind his back and held Obregà ³n for a few days, threatening to execute him. He eventually let Obregà ³n go, but the incident convinced Obregà ³n that Villa was a loose cannon who needed to be eliminated. Obregà ³n returned to Mexico City and renewed his alliance with Carranza. The Convention of Aguascalientes In October, the victorious authors of the Revolution against Huerta met at the Convention of Aguascalientes. There were 57 generals and 95  officers  in attendance. Villa, Carranza, and Emiliano Zapata sent representatives, but Obregà ³n came personally. The convention lasted about a month and was very chaotic. Carranzas representatives insisted on nothing less than absolute power for the bearded one and refused to budge. Zapatas people insisted that the convention accept the radical land reform of the Plan of Ayala. Villas delegation was comprised of men whose personal goals were often conflicting, and although they were willing to compromise for peace, they reported that Villa would never accept Carranza as president. Obregà ³n Wins and Carranza Loses Obregà ³n was the big winner at the convention. As the only one of the â€Å"big four† to show up, he had the chance to meet the officers of his rivals. Many of these officers were impressed by the clever, self-effacing Sonoran. These officers retained their positive image of him even when some of them fought him later. Some joined him immediately. The big loser was Carranza because the Convention eventually voted to remove him as First Chief of the Revolution. The convention elected Eulalio Gutià ©rrez as president, who told Carranza to resign. Carranza refused and Gutià ©rrez declared him a rebel. Gutià ©rrez placed Pancho Villa in charge of defeating him, a duty Villa was eager to perform. Obregà ³n had gone to the Convention truly hoping for a compromise acceptable to everyone and an end to the bloodshed. He was now forced to choose between Carranza and Villa. He chose  Carranza and took many of the convention delegates with him. Obregà ³n Against Villa Carranza shrewdly sent Obregà ³n after Villa. Obregà ³n was his best general and the only one capable of beating the powerful Villa. Moreover, Carranza cunningly knew that there was a possibility that Obregà ³n himself could fall in the battle, which would remove one of Carranzas more formidable rivals for power. In early 1915, Villas forces, divided up under different generals, dominated the north. In April, Obregà ³n, now commanding the best of the federal forces, moved to meet Villa, digging in outside the town of Celaya. The Battle of Celaya Villa took the bait and attacked Obregà ³n, who had dug trenches and placed machine guns. Villa responded with one of the old-fashioned cavalry charges which had won him so many battles early in the Revolution. Obregà ³ns modern machine guns, entrenched  soldiers,  and barbed wire halted Villas horsemen. The battle raged for two days before Villa was driven back. He attacked again a week later, and the results were even more devastating. In the end, Obregà ³n completely routed Villa at the Battle of Celaya. The Battles of Trinidad and Agua Prieta Giving chase, Obregà ³n caught up to Villa once again at Trinidad. The Battle of Trinidad lasted 38 days and claimed thousands of lives on both sides. One additional casualty was Obregà ³ns right arm, which was severed above the elbow by an artillery shell. Surgeons barely managed to save his life. Trinidad was another major victory for Obregà ³n. Villa, his army in tatters, retreated to Sonora, where forces loyal to Carranza defeated him at the battle of Agua Prieta. By the end of 1915, Villas once-proud Division of the North was in ruins. The soldiers  had scattered, the generals had retired or defected, and Villa himself had gone back into the mountains with only a few hundred men. Obregà ³n and Carranza With the threat of Villa all but gone, Obregà ³n assumed the post of minister of war in Carranzas cabinet. While he was outwardly loyal to Carranza, Obregà ³n was still very ambitious. As minister of war, he attempted to modernize the army and took part in defeating the same rebellious Yaqui Indians who had supported him earlier in the Revolution. In early 1917, the new constitution was ratified and Carranza was elected president. Obregà ³n retired once again to his  chickpea  ranch  but kept a close eye on events in Mexico City. He stayed out of Carranzas way, but with the understanding that Obregà ³n would be the next president of Mexico. Prosperity and a Return to Politics With the clever, hard-working Obregà ³n back in charge, his ranch and businesses flourished. Obregà ³n branched out into mining and an import-export business. He employed more than 1,500 workers and was well-liked and respected in Sonora and elsewhere. In June 1919, Obregà ³n announced that he would run for president in the 1920 elections. Carranza, who did not personally like nor trust Obregà ³n, immediately began working against him. Carranza claimed that he thought Mexico should have a civilian president, not a military one. He had in fact already picked his own successor, Ignacio Bonillas. Obregà ³n Against Carranza Carranza had made a huge mistake by reneging on his informal deal with Obregà ³n, who had kept his side of the bargain and stayed out of Carranzas way from 1917–1919. Obregà ³ns candidacy immediately drew support from important sectors of society. The military loved Obregà ³n, as did the middle class (whom he represented) and the poor (who had been betrayed by Carranza). He was also popular with intellectuals like Josà © Vasconcelos, who saw him as the one man with the clout and charisma to bring peace to Mexico. Carranza then made a second tactical error. He decided to fight the swelling tide of pro-Obregà ³n sentiment and stripped Obregà ³n of his military rank. The majority of people in Mexico saw this act as petty, ungrateful, and purely political. The situation got increasingly tense and reminded some observers of the pre-Revolution Mexico of 1910. An old,  stolid  politician was refusing to allow a fair election, challenged by a younger man with new ideas. Carranza decided that he could never beat Obregà ³n in an election and he ordered the army to attack. Obregà ³n quickly raised an army in Sonora even as other generals around the nation defected to his cause. The Revolution Ends Carranza, desperate to get to Veracruz where he could rally his support, departed Mexico City in a train loaded with gold, advisors, and sycophants. Quickly, forces loyal to Obregà ³n attacked the train, forcing the party to flee overland. Carranza and a handful of survivors of the so-called â€Å"Golden Train† accepted sanctuary in May 1920 at the town of Tlaxcalantongo from local warlord Rodolfo Herrera. Herrera betrayed Carranza, shooting and killing him and his closest advisers as they slept in a tent. Herrera, who had switched alliances to Obregà ³n, was put on trial but acquitted. With Carranza gone, Adolfo de la Huerta became provisional  president  and brokered a peace deal with the resurgent Villa. When the deal was formalized (over Obregà ³ns objections) the Mexican Revolution was officially over. Obregà ³n was easily elected president in September 1920. First Presidency Obregà ³n proved to be an able president. He continued making peace with those who had fought against him in the  Revolution  and instituted land and education reforms. He also cultivated ties with the United States and did much to restore Mexicos shattered economy, including rebuilding the oil industry. Obregà ³n still feared Villa, however, who was newly retired in the north. Villa was the one man who could still raise an army large enough to defeat Obregà ³ns federales. Obregà ³n  had him assassinated  in 1923. More Conflict The peace of the first part of Obregà ³ns presidency was shattered in 1923, however, when Adolfo de la Huerta decided to run for president in 1924. Obregà ³n favored Plutarco Elà ­as Calles. The two factions went to war, and Obregà ³n and Calles destroyed de la Huertas faction. They were beaten militarily and many officers and leaders were executed, including several important former friends and allies of Obregà ³n. De la Huerta was forced into exile. All opposition crushed, Calles easily won the presidency. Obregà ³n once more retired to his ranch. Second Presidency In 1927, Obregà ³n decided he wanted to be president once again. Congress cleared the way for him to do so legally and he began to campaign. Although the military still supported him, he had lost the support of the common man as well as the intellectuals, who saw him as a ruthless monster. The Catholic Church also opposed him, since Obregà ³n was violently anti-clerical. Obregà ³n would not be denied, however. His two opponents were General Arnulfo Gà ³mez and an old personal friend and brother-in-arms, Francisco Serrano. When they plotted to have him arrested, he ordered their capture and sent them both to the firing squad. The nations leaders were thoroughly intimidated by Obregà ³n; many  thought he  had gone mad. Death In July 1928, Obregà ³n was declared president for a four-year term. But his second presidency was to be very short indeed. On July 17, 1928, a Catholic fanatic named Josà © de Leà ³n Toral assassinated Obregà ³n just outside of Mexico City. Toral was executed a few days later. Legacy Obregà ³n may have arrived late to the Mexican Revolution, but by its end he had made his way to the top, becoming the most powerful man in Mexico. As a Revolutionary warlord, historians deem him to be neither the cruelest nor the most humane. He was, most agree, clearly the most clever and effective. Obregà ³n created lasting impacts on Mexican history with the important decisions he made while in the field. Had he sided with Villa instead of Carranza after the Convention of Aguascalientes, todays Mexico could well be quite different. Obregà ³ns presidency was remarkably split. He at first used the time to bring some much-needed peace and reform to Mexico. Then he himself shattered the same peace he had created with his tyrannical obsession to get his own successor elected and, finally, to return to power personally. His governing ability did not match his military skills. Mexico would not get the clear-headed leadership that it desperately needed until 10 years later, with the administration of President  Lzaro Crdenas. In Mexican lore, Obregà ³n is not beloved like Villa, idolized like Zapata, or despised like Huerta. Today, most Mexicans understand Obregà ³n as the man who came out on top after the Revolution simply because he outlasted the others. This assessment overlooks how much skill, cunning, and brutality he used to assure that he survived. The rise to power of this brilliant and charismatic general can be attributed to both his ruthlessness and his unmatched effectiveness. Sources Buchenau, Jà ¼rgen. The Last Caudillo: Alvaro Obregà ³n and the Mexican Revolution. Wiley-Blackwell, 2011.McLynn,  Frank. Villa and Zapata: A History of the Mexican Revolution.  Carroll and Graf, 2000.

Sunday, February 23, 2020

Medicaid Fraud in the State of Virginia Essay Example | Topics and Well Written Essays - 250 words

Medicaid Fraud in the State of Virginia - Essay Example They set up a personal care service center that is duly authorized to provide respite care to Medicaid recipients. Respite care is usually given by the family or another unpaid primary caregiver of the recipient. Having set up authorized respite care centers for Medicaid beneficiaries, such individuals then proceed to file false or fraudulent claims for reimbursement from the Medicaid program. Gilchrist claimed reimbursement for 38 non-existent Medicaid patients for which her company received approximately $294,713 (The United States Attorney General's Office, 2013). Cases of fraud on the Medicaid program have dire implications. This is especially the case when the US Government is lobbying to increase Medicare coverage to more Americans, especially the poor and those who cannot afford health insurance covers. For this reason, states have taken measures to arrest the problem. The state of Virginia, for instance, has set up the Virginia Attorney General’s Medicaid Fraud Control Unit to deal with defrauders.

Friday, February 7, 2020

CONSUMER PREFERENCE ABOUT BREAKFAST PRODUCTS Assignment

CONSUMER PREFERENCE ABOUT BREAKFAST PRODUCTS - Assignment Example When producing a new product (a conventional breakfast product) in the affluent market in Saudi Arabia, it is important to note that this market is composed on individuals who have breakfast like in the western world. The affluent markets are in Jeddah, the Western parts of the country and Riyadh. It should also be noted that the Saudis main meal is lunch and thus they may not be willing to spend more on breakfast. I would introduce banana flavored oat flakes in the market which already contains honey and dried milk into the market. What the consumer only needs to add is hot or cold water to make it ready for consumption. A perception position I would like to draw of the existing Cereals is that there is a good variety of cereals to satisfy the clients in terms of nutritional and monetary value. First perspective is that there could be a product that is manufactured to have a high nutritional value and at the same time be cost friendly with a new sense of flavor and finesse (Hoyer, 2 008).. A lot has been done to target consumers by different brands but believe that there is still room for improvement. Second perspective, is that on the Saudi Arabians and their liking for having more than one meal during breakfast is time consuming when preparing the breakfast meals. Thirdly, the distribution in terms of breakfast cereals and products in the area was fairly done. The region still needs a boost to ensure adequate supply of cereal and breakfast products. Producing a breakfast cereal that is nutritious and incorporates all the foods will go a long way in reducing the number of foods that are prepared for breakfast. Production distribution to ensure availability of the goods in the market is one of the positioning strategies I will use to make a breakthrough in the cereals market. Perception Graph of the Nutritional Value over Time of 5 Cereals. Saudi Arabians are strongly guided by the traditional Muslim foods from many cultures therefore acceptance of the Western ways of having breakfast is not wholly practiced by their majority population. Therefore there is a gap in the cereals market due to the fact that the market is not adequately served. The Positioning strategy that I would adopt is Customer benefit strategy. I would basically lure the consumers by giving them the health benefits of oats over corn. Pricing as a positioning strategy will also be used by further marketing the product as pocket friendly in the sense that it does not require one to buy milk separately and this would separate my brand from the rest (Kardes, 2011). I would also adopt my positioning strategy based on use, in the sense that my oat flakes can be used as breakfast cereals by just adding water or they can also be used as an everyday snack because oats have a really soft crunchiness and the combination of the banana, honey and skimmed milk make a great tasty snack, even without the addition of water. Another positioning strategy I would employ is based on product class i.e. fortify my cereals, I would advertise my product as having vitamins, calcium, iron and folic acid but majorly I would concentrate on the fact that it has a distinctive taste and that it has been carefully produced so that the end result is a taste that cannot be compared to any other cereal. The market strategy of introducing my product in the market basically involves

Wednesday, January 29, 2020

Assessing Organizational Culture Essay Example for Free

Assessing Organizational Culture Essay Almost every organization, whether public or private, on paper or in practice, has a culture that fairly dictates its everyday functioning. The term culture has many definitions but in this discussion it is defined as shared beliefs, values, symbols, and behaviors. Culture binds a workforce together and is its control mechanism, or purpose, to facilitate its functioning. These items are powerful driving forces in the success of an organization and their value to the community they serve whether it is a public or private entity will affect the success of any organization. While cultures are found in some organizations more prominently than in others, there are those organizations where the culture of that specific organization’s ideal stands out above others. Police departments, military units and religious organizations all have a strong, centralized culture that forms its base and permeates its entire existence. Many times people outside of those professions do not understand the mentality or job commitment a person from one of these career fields shares with his/her co-workers. An example would be the duty and honor commitment of a United State Marine, especially when considered by a person who was anti-military; the Marines belief or core value system is not understood. The medical profession and more specifically hospitals, demonstrate a common goal that simply stated, is the care and healing of the sick or injured. For the most part, the medical staff employed at a hospital is there for that specific purpose. The medical field brings together a vast array of individuals from different backgrounds and cultures. But once they become a doctor, hospital nurse, surgical technician, etc. they take on a new life and thereby absorb a new culture into their lives. Subcultures, as defined by organizational theorists John van Maanen and Stephen Barley, are â€Å"a subset of an organization’s members who interact regularly with one another, identify themselves as a distinct group†¦and routinely take action on the basis of collective understandings unique to the group† (Cheney, 2011, 78-79) The organizational culture in a hospital is based on the premise that the hospital is there to provide a place for the care and healing of the sick or injured. Organizational theorist Mary Jo Hatch puts forth that there are five (5) â€Å"Degrees of Cultural Integration and Differentiation† (Cheney, 77) identified as follows: Unitary, Diverse (Integrated), Diverse (Differentiated), Diverse (Fragmented) and Disorganized (Multi-cephalous) (Hatch, 1997, 210). A hospital in its purest form would be well represented as a Unitary culture because the staff as a whole all have the same values or beliefs. But individual staff or even medical units may fall into any of the other cultures identified as well. A particular unit, i. e. cardiac telemetry floor, may be a Diverse (Fragmented) unit due to a group of nurses who do not view their critical task requirements in the same way and as a result the level of patient infections or deaths rises, causing unrest among the staff, supervisors, patient families and resulting in legal ramifications thereby fragmenting the staff’s solidarity. Social psychologist Edgar Schein formulated a theoretical model that shows an organization’s culture is built on three levels: artifacts, values and norms, and assumptions and beliefs. Artifacts are usually the most common and visible sign of a specific culture. Schein puts forth that things such as nursing uniforms, terminology, surgical protocols and more, actually and accurately represent the basic aspects of organization’s culture. The values and norms aspect of his theory, while not always visible, can be seen through behavior of the individual or group; it reveals what is important to the group and how they treat each other within their organization. Each aspect of the profession may have an operating procedure or environment nique to that area of specialization, but still have the same values and norms for their actions. In a surgical room, sterilization of the environment is much more important than it would be in a patient’s room on a medical/surgical floor, but they still have the same belief in keeping an open wound as clean as possible. While values in the medical profession do not vary as a whole, values do define accepted behavior and action. Genuine assumptions and beliefs are nurtured by a persons or organizations values and norms. Values vary only slightly in the various medical professions and facilities. Depending on the medical specialty area, operational norms and methods may differ according to training priorities, equipment and environment unique to that specialty. For instance, the hospital in-patient wound care team may have the same desire to treat a patient’s wounds as a home health nursing team, but the methods of treatment or medications used may be different. Differences begin to surface when a patient is sent home on a negative pressure wound therapy system, i. e. a wound V. A. C.  ®, that aids in the healing of wounds via suction (http://www. kci1. com/KCI1/vactherapy). Many home health nurses does not know how to properly change the intricate dressing or fully understand this equipment or the damaging results that can occur if not changed properly. Faulty assumptions are therefore made based on the beliefs of the home health nurse of what should be done for the patient. When that happens, problems arise in this particular scenario that could result in the patient being brought back to the hospital for a further period of hospitalization due to a breakdown of their wounds or even the creation of new wounds as a result of improper V. A. C.  ® placement. The overriding culture of the medical field is based on the Physician’s Creed of â€Å"First, do no harm† (author uncertain but it is based on the Hippocratic Oath which states to abstain from doing harm). This belief echoes throughout the medical field all over the world. And while there are individual exceptions or exceptions in areas such as animal research for the betterment of mankind or the ethical issue of abortion, the creed has gone unchanged since the time of the ancient Greeks and before. Schein’s three (3) levels of artifacts, values and norms, and assumptions and beliefs, are evident in every clinical setting. With further exploration, Hatch’s five (5) Degrees of Cultural Integration and Differentiation will also be found, albeit not everyone will be seen on every hospital floor or unit. Medical facilities are a kaleidoscope or a microcosm of many subcultures under the roof of the main culture of being a place for the care and healing of the sick or injured. Without that organizational culture giving guidance to all of the subcultures involved in this humanitarian career field, the death rate for minor injuries and diseases would compound exponentially.

Monday, January 20, 2020

No Shirt, No Shoes, No Service :: essays research papers

No Shoes, No Shirt, No Service For the past few months, I have been focusing on the events and the principles behind the founding of our nation. During these studies, I often wondered how some of the ideas we cling to became entrenched in our paradigms of perception. For instance, there are words that have become taboo because of the ways they have been used. They are so taboo, in fact, that it has become nearly impossible to use the words constructively, because using them either shuts off the mechanism in the brain that controls attention span, or their mentioning automatically invites a defensive posture. Two of the unwitting victims are the words "politics" and "discrimination." The demise of valid uses of these words is sadly apparent when we discuss the issue of "free trade" with China. First, since negotiations with foreign governments can only justly and efficiently be done through representation of our own government, the issue inherently involves politics. There is no way of getting around it. Second, the decision is really whether or not to discriminate against the Chinese government fundamentally on the basis that we do not agree with their methods of controlling internal civil affairs. Are we right to presume we have the authority to judge the actions of a foreign government when our own government has, in fact, from time to time, been guilty of many of the same things we accuse the Chinese government of doing? One might be inclined to profess that we have no authority to judge, lest we open up the possibility of allowing ourselves to be judged. However, if we are just and consistent, is that Dickens 2 such a terrible proposition? While America is proud of its diversity, that diversity should not be used to steal our attention from the common, unifying principles, which sets America apart from the rest of the world. They are the principles outlined in the Declaration of Independence. Without those principles, we have no claim to freedom, so I'm not certain why there is an effort to categorically reject them. Retail establishments are apt to decide with whom they will do business based on criteria that is not necessarily relevant to a person's quality or depth of character. Patrons must be wearing certain articles of clothing, or they are not admitted. No shirt, no shoes, no service. Many of the more highly rated restaurants even require a coat and tie for their customers.

Sunday, January 12, 2020

Family Delinquency Essay

There are several factors that might lead to inept parenting in single parent households. Among these factors are the available economic and parental resources to children and the stressful conditions that characterize such families. Majority of single parents are economically disadvantaged. As such, they often lack the material resources that they can offer their children. The result is that their children remain uncompetitive especially in school. Their children thus lack status among their peers owing to the inability of the parent to provide things that they may need. Due to the fact that majority of single parents suffer from various economic difficulties, they are likely to live in run down neighborhoods characterized by high crime rates, low quality schools and few community services. The majority of single parents also find it difficult to function effectively as parents. They are in most cases less emotionally supportive of their children, are less restrictive, dispense harsher discipline, are more inconsistent in dispensing discipline, offer less supervision and engage in more conflict with their children (Simmons and Simmons, 2005). These deficits in parenting emanate from the struggle to provide for the family with limited financial resources and attempting to raise children in the absence of the other biological parent. Various studies associate inept parenting by resident single parents with a variety of negative consequences among children. Relationship between informal and formal labeling to adolescent delinquency According to labeling theory, perceived negative reactions result in the development of negative self conceptions and greater delinquent involvement (Glueck, 1962). The proponents of this theory emphasize on the importance of both formal and informal labeling. Formal labels are those acquired through contact with social control agencies while informal labeling are those that parents, peers and teachers generate. Juveniles become stigmatized through contact with social control agencies. Involvement in delinquent behavior is one of the possible responses to being negatively labeled or stigmatized. Negative parental reactions may also lead to a juvenile becoming delinquent. In their routine activities, juveniles encounter different cues and clues on how members of the community they live perceive them. Juveniles can interpret accurately the meaning of symbols and gestures employed to project labels upon them through role taking and defining situations. Human beings cannot be said to be passive receptors of negative labels since they possess the capacity to take part in cooperative interaction through significant symbols. Some juveniles negotiate labels and at times attempt to repudiate their deviant imputations (Simmons and Simmons, 2005). Naming or defining something is never an idealistic procedure but rather a consequence of an action. As such, social groups establish deviance by their response to known acts. A label therefore designates something that is a consequence of successful conversation of gestures. It is this successful conversation of gestures that makes the process of labeling the self possible. Labeling theorists assume that individuals project themselves into the role of significant others during real or imagined interactions and make assessments or self appraisals. The self becomes an object for which the person attaches labels which can either be positive or negative. This assumption is guided by the conception that human have the capacity to choose among competing labels for their self conception. Discuss the factors relating to the possibilities of the family structure being a major contribution to a juvenile becoming involved in delinquent behaviors. Family structure influences to a large extent the behavior of children. Research findings indicate that children growing up with single parents have an increased risk of becoming delinquents (Glueck, 1962). The structure of the family influences economic and parental resources that are available to children. Single parents, being financially constrained, are less likely to take care of their children’s need. The result is that the children experience low self esteem as they lack the majority of things that other children possess. Children who are growing up in a family where both parents are present are unlikely to experience behavioral problems. Research also indicates that children from single parent families that receive support from non-resident fathers also exhibit fewer behavioral problems than those without support. With this regard, economic factors influence the possibilities of a child becoming deviant and this mainly depends on the structure of the family. If both the parents are present, the economic conditions are likely to be better as both parents may take the responsibility in providing for the children. As such, the children may not feel deprived thereby reducing the possibilities of becoming deviant. Children become conformists when their parents possess cooperative co-parental relationship. When parents support each others decisions and agree on the rules of the family, the children learn that the parent’s authority is not arbitrary. Parental agreement therefore means that the children are not exposed to inconsistent discipline when they misbehave. This consistency between parents encourages children to learn and internalize moral values and social norms. Causes of marital violence Social theories see marital violence to be the product of the society. As such, they see marital violence as emanating from the social structures and the cultural values and norms that accommodate the use of violence among partners. Furthermore, the causes of marital violence have been attributed by some sociologists to be rooted in the structure of the family; the interaction between the members of the family and their social interactions. For instance, family systems theory relates the cause of marital violence to communication flaws and conflict in intimate relationships. Psychological theories on the other hand attribute the causes to individual experiences and predispositions. Marital violence may be linked to biological inclination to violence and personality disorder, or as suggested by social learning theories, to the offender’s social environment during his early stages of development. Attachment theory emphasizes on the relationship between parents or caregivers with their children and the consequences of such attachments on the ability of an individual to develop safe and healthy relationships later in life. Psychological perspectives hold that individuals may be predisposed to violence by personality disorders or early experiences of trauma. As such, being abusive physically is seen as a manifestation of an underlying emotional problem. Childhood experiences such as parental abuse, rejection and the inability to satisfy the dependence needs of a child may provide a source of later violence. Double Jeopardy Statistics show that women are at a higher risk of being victims of marital violence than males. Quite a number of reasons have been postulated to explain this phenomenon. Among the widely held theories is that women are inherently weak. With regard to physical strength, it is widely known that males far much out-weigh females in strength. Many female victims often find themselves in difficult situation when they are taking the decision to report their partner for abusing them physically. This is because they are likely to do something worse when they come out. As such, female victims of marital violence are always at the risk of double jeopardy. Even though violation of protection order may lead to federal criminal prosecution, advocates may develop procedures to avert double jeopardy. Population heterogeneity theory These theories postulate that there is an initial proneness to commit violent offenses and that this early difference in the development of an individual remains quite stable over time (Glueck, 1962)). People with numerous risk factors before birth, during toddler hood and during childhood are more likely to develop violent tendencies during adolescence and adulthood. In other words, there is a correlation between past and current criminal behavior. Population heterogeneity process attributes stability in offending over time to differences in anti-social characteristics across individuals that is established early in life. One of the implications of a population heterogeneity explanation for continuity in crime over time is that the antisocial feature is likely to have reverberations throughout life, adopting many manifestations later in life. Any observed correspondence between later life events and criminality is spurious due to the fact that they are all the consequence of a common cause. Concepts and principles of social learning theory The fundamental assumption of social learning theory is that the same learning process that operates within the context of social structure, interaction and situation produces both conforming and deviant behavior. The direction of the process in which these mechanisms operate is the basis of their difference. What is involved is the balance of influences on behavior. In most cases, that balance exudes some form of stability over time but it can also become unstable and change with circumstances and time. Conformity and deviant behavior is learned by the mechanisms in this process even though the theory proposes that the principle mechanism are part of the process in which differential reinforcement and imitation produce both overt behavior and cognitive definitions that function as discriminative stimuli for the behavior. Parenting skills The success of any family is dependent upon effective parenting. As such, it is important for every parent to establish healthy methods of raising their children. New parents should know that the future of their children lie in their hands. The first step to parenting is developing clear expectations of what both parents want. Depending on the background of what is being considered right or wrong, parents should plan and communicate their expectation to each other. Establishing a list of social, academic, religious and family oriented expectations for different settings and activities will enable parents to be very particular and concrete in teaching their children. They must however take into consideration the ability and age of the child, developmental status and the available resources. After setting the appropriate rules and expectations, the second most important thing is to unambiguously communicate these expectations in word and in deed. References Glueck, E. (1962). Family environment and delinquency. Houghton Mifflin Simmons, R. & Simmons L. (2005). Families, delinquency, and crime: Linking Society’s Most   Ã‚  Ã‚   Basic Institution to Antisocial Behavior. Oxford University Press

Saturday, January 4, 2020

What Is the Longest Word in Spanish

The answer depends on what you mean by the longest word, but regardless of your definition the longest word isnt superextraordinarà ­simo, the 22-letter word once listed in a famous recordbook and the word that was usually cited as the longest in the language. (It means most superextraordinary.) The designation of superextraordinarà ­simo seems arbitrary at best. For one thing, the word isnt in real use. When I first researched this article in 2006, a Google search showed not a single instance where the word was used on a Spanish-language website — except on pages listing what they called the longest Spanish words. (Since I write the original version of this article, claims of superextraordinarà ­simoit being the longest word have mostly disappeared.) And superextraordinarà ­simo has two other strikes against it: If one is going to create words by adding prefixes and suffixes, one could just as well make a 27-letter word by using the adverbial form, superextraordinarà ­simamente. Or one could just as easily use longer root words, ending up with words such as superespectacularà ­simamente (most superspectacularly). But again theyre hypothetical words rather than ones that get legitimate use. A better choice for a 22-letter word is esternocleidomastoideo, the name of a certain neck muscle. It can be found in Spanish-language medical texts. But we can do better without coining words. The longest words to be found in general publications appear to be two 23-letter beauties: anticonstitucionalmente (unconstitutionally) and electroencefalografista (electroencephalograph technician), the latter also appearing in the Spanish Royal Academys dictionary. Since the latter is a noun, it can be made a 24-letter plural, electroencefalografistas, my designation as the longest legitimate Spanish word. Although its not an everyday word, you can find it in encylocopedias and some phone directories. Of course, theres always the 32-letter nonsense word supercalifragilisticoexpialidoso, the Spanish transliteration of supercalifragilisticexpialidocious, which appears in Spanish versions of the Walt Disney musical Mary Poppins. However, that words use is essentially limited to the film and play. By coining cognates of some especially long English words, it would be possible to come up with longer words still. For example, some medical words and names of some chemicals in English top 30 letters, and the longest English word listed in an accepted dictionary is reported to be pneumonoultramicroscopicsilicovolcanokoniosis, a type of lung disease. Conversion of the word to Spanish, made easy by the fact that all the roots have Spanish cognates, presumably would be neumonoultramicroscopicosiliciovolcanconiosis at 45 letters, or something similar. But such words are best spurious rather than legitimate Spanish.