Wednesday, October 30, 2019

Quaker Oats Company and Snapple Beverage Company Essay

Quaker Oats Company and Snapple Beverage Company - Essay Example The company specialized in the manufacture of beverage, food, and oatmeal products. Management conflicts occurred among the three partners, with Crowell and Stuart being forced out by Schumacher. However, the two returned through a proxy-share war that resulted in the ejection f Schumacher in 1901. It was after this that they changed the name of the company to the Quaker Oats Company. In the process, the company changed its product line to specialize in oat, wheat cereals, corn meal, baby food, animal feeds, corn meal, and hominy. During the late 20th century, the Quaker Oats Company expanded its product-line to include hundreds of beverage and food products such as frozen waffles, pancakes, mixes, crunch breakfast cereals, Aunt Jemima syrup, among others. Since then, the company has expanded its operations to become a multinational organization with branches in over 25 countries across Asia, Europe, and Latin America (Hill, Jones & Schilling, 2014). The Driving Forces behind the Acquisition The acquiring company paired Snapple with its Gatorade plant, thus forming the third leading non-alcoholic beverage producer in North America. The success story of the Snapple Co. was one of the driving forces behind the acquisition plan. In the late 1980s and early 1990s, the Snapple dominated the media as the darling of the Wall Street. The company’s profit margins had roared for close to a decade, thus drawing interests from other players in the industry.

Monday, October 28, 2019

Financial Analysis of Cadbury Schweppes Essay Example for Free

Financial Analysis of Cadbury Schweppes Essay The capital structure of Cadbury Schweppes based on its 2006 balance sheet shows that the company uses more debt than equity to finance its operations. The company’s debt to total stockholders equity ratio of the company is more than fifty percent, while its debt to equity ratio is at 1. 30. A high debt to equity ratio means that the company relies heavily in debt financing. A high debt to equity ratio does not necessarily mean that the company has poor financial leverage because there are industries that are capital intensive which requires companies to incur large amounts of debt to finance its operations. One such industry is the automobile industry, where a debt to equity ratio of two is still considered acceptable. In the case of Cadbury Schweppes, the company is engaged in manufacturing candy, chocolate and drinks. It is an industry which is not as capital intensive as the car manufacturing industry so its debt to equity ratio maybe too high. The company has been undergoing changes in its operations over the years. It has gradually moved out of its investments that do not fall within its core business which is confectionery and beverage. While it disposed of some of its incompatible businesses, it continued to expand its confectionery and beverage operations. These acquisitions, particularly those made in the United States can be the reason for its large debt. Debt is used by the company to increase its operations and, as a consequence, increase its profits. The company’s performance has been increasingly growing every year, so it is possible that the company has determined that the cost of expending the operations which is in the form of interest payments is much lower than the benefits incurred in the form of increase in sales. Having a large amount of is extremely detrimental to the company if it is unable to recoup the cost of the debt; this is not the case of Cadbury Schweppes. The dividend yield ratio measures the amount of income received by each share of stock with the cost of such share. The dividend yield ratio necessarily varies over time because the market value of share changes as it is traded. A comparison of dividend yield ratio over time can be used to gauge if the performance of the company is improving, but this ratio should not be analyzed on its own. It must be analyzed together with other factors such as the market value of the share. A company with a low dividend yield can mean that the company’s share is priced highly by the market and does not necessarily mean that the company is unable to make dividend payments. On the other hand, high dividend yield can mean that the company’s share has a very low market value and not because it is able to give its shareholders large amounts of dividends. The company has a dividend yield of 2. 30% and it share has a market value ranging from 51. 5 to 51. 6. Based on this figures, it is apparent that its dividend yield is not because of the extremely high or low market value of its share. The price/earnings ratio of the company, on the other hand, is seen by investors as a gauge of how much the market values the company’s share. In this company’s case, it has a price earning of 24. 22. This number is very close to the industry’s average. This means that the company is competitive with other members of the industry and is generally viewed by the investing community as a good investment. Based on its dividend yield and price/earnings ratio, the company is able to compensate stockholders despite its large debts. This is probably because the earnings of the company is divided by a smaller number of shares than if the company chose to finance its operation by equity rather than debt. The large shareholders of the company are Franklin Resources, Inc. and Legal and General with shares ownership amounting to 4. 01% and 3. 47%.

Saturday, October 26, 2019

Merciless Dogs :: essays research papers

Ever wonder why politicians are merciless dogs? Of course you have. Well, here's the answer. Machiavelli's classic text on acquiring and maintaining political power laid the foundation for modern politics, for better or for worse, and remains its bedrock. Machiavelli was an Italian patriot and a long-time member of the Italian hierarchy as a sort of political consultant, having been recently ejected from his position when he wrote this manual. Italy was then in a turbulent political situation, seemingly under attack from all quarters, and very unstable. The author wrote this treatise and sent it to Lorenzo Medici -- the Prince, as it were, who was ultimately responsible for Machiavelli's dispension. Such a loyal patriot was our good author that he actually wrote this book and sent it to him as a gift. Well, what does it contain? Just about everything that anyone would want to know about how to acquire political power, and how to keep it. Machiavelli covers just about every conceivable situation: how to rule a brand new land colonly, or one that has been taken over; how a Prince should bear him or herself; how they should keep faith; how to maintain their army; how to keep tabs on the commoners and the nobles, and much more. He includes many maxims and principles that have been taken up time and time again in the nearly 500 years since the publication of this slim volume. One need only look at the current political landscape to see just how inudated these principles have become in the political philosophies of our world leaders, e.g., Machiavelli's idea that it is better to go to war on your enemy's turf before they come to your own, in order to minimize losses, and his famous statement that it is better to be feared than to be loved -- but try your best not to be hated. Many have condemned the ideas and principles contained herein because they eschew moral and ethical standards in deference to pragmatic political gain. Well, wake up, folks. Politics is a dirty game and always has been. It is viscious, ruthless, and takes no prisoners -- a truly dog-eat-dog world. It is not for the faint of heart. Machiavelli tried to tell us this 500 years ago; it's about damn time we started listening. The writing style used in the book is very, very simple, and it is extremely short. Merciless Dogs :: essays research papers Ever wonder why politicians are merciless dogs? Of course you have. Well, here's the answer. Machiavelli's classic text on acquiring and maintaining political power laid the foundation for modern politics, for better or for worse, and remains its bedrock. Machiavelli was an Italian patriot and a long-time member of the Italian hierarchy as a sort of political consultant, having been recently ejected from his position when he wrote this manual. Italy was then in a turbulent political situation, seemingly under attack from all quarters, and very unstable. The author wrote this treatise and sent it to Lorenzo Medici -- the Prince, as it were, who was ultimately responsible for Machiavelli's dispension. Such a loyal patriot was our good author that he actually wrote this book and sent it to him as a gift. Well, what does it contain? Just about everything that anyone would want to know about how to acquire political power, and how to keep it. Machiavelli covers just about every conceivable situation: how to rule a brand new land colonly, or one that has been taken over; how a Prince should bear him or herself; how they should keep faith; how to maintain their army; how to keep tabs on the commoners and the nobles, and much more. He includes many maxims and principles that have been taken up time and time again in the nearly 500 years since the publication of this slim volume. One need only look at the current political landscape to see just how inudated these principles have become in the political philosophies of our world leaders, e.g., Machiavelli's idea that it is better to go to war on your enemy's turf before they come to your own, in order to minimize losses, and his famous statement that it is better to be feared than to be loved -- but try your best not to be hated. Many have condemned the ideas and principles contained herein because they eschew moral and ethical standards in deference to pragmatic political gain. Well, wake up, folks. Politics is a dirty game and always has been. It is viscious, ruthless, and takes no prisoners -- a truly dog-eat-dog world. It is not for the faint of heart. Machiavelli tried to tell us this 500 years ago; it's about damn time we started listening. The writing style used in the book is very, very simple, and it is extremely short.

Thursday, October 24, 2019

Source of the Legend of Dracula Essay -- Legends

Dracula Reconsidered Background: The legend of Dracula is a renowned tale told all over the world. Created by Irish writer, Bram Stoker, the story was inspired by the Romanian ruler, Vlad Dracul. The story teller was a Caucasian 49-year-old male. He was born and raised in Bucharest, Romania and was quite familiar with the past history of and current events in the country. He identified with the Romanian orthodox religion. The Story: â€Å"Everyone knows the story of Dracula. [Walks around the table, moves his hands as he speaks.] He has been depicted in novels, movies, and paintings. In Romania, this story is told from generation to generation and it had become an integral part of our culture. However, not many people know the true origins of Dracula. [Pauses, tone changes, has a displeased look on his face, moves toward a chair and sits down.] This legend angers me since it is a figment of popular culture and gives a bad name to our Romanian society. It is unfair, and its main purpose is to promote the tourism of our nation. It was created by an Irish man. [Pauses, thinks.] I think he was Irish. I can’t recall his name right now. Nevertheless, this man was quite misinformed and he just created this legend out of thin air. He was obsessed with phantoms, castles, and the supernatural. [Points up to the ceiling and gazes outside towards the sky.] He transformed the reality of Vlad Tepes into a silly legend. Let me give you a history of Vlad Tepes, in order for you to understand the background behind the story. In the 1400s, Romania was split into three provinces, Wallachia, Transylvania, and Moldova. [Puts three fingers in the air.] Vlad was born in a castle in Sighisoara in Transylvania. He be... ...The teller used his hands a lot to subtly express his inner emotions. He also tried to show the actions of a vampire attack, but it wasn’t very effective, since there were no props and I had to use my imagination to understand. The storyteller performance embodied his annoyance with the myth’s mischaracterization, in his view, of Vlad Dracul, which shows the social implication of the story. The ability to believe easily without questioning the circumstances is a negative characteristic of our culture. Works Cited Leblanc, Benjamin H. â€Å"Vlad Dracula: An Intriguing Figure in the Fifteenth Century.† Journal of the Dark. 13 Oct. 2004 http://members.aol.com/johnfranc/drac05.htm. Porter, Ray. â€Å"The Historical Dracula.† 13 Oct. 2004. http://www.eskimo.com/~mwirkk/castle/vlad/vladhist.html. Vamp Club. 13 Oct. 2004. http://www.vampclub.com/index.htm.

Wednesday, October 23, 2019

Recruitment Software Specification Essay

Features & Functionalities of Recruitment Automation Software: This is an software for the placement consultants who work for their clients to recruit the best candidate for them. This software will have three different management systems, namely Candidate Management, Client Management and Recruiters Management. Also there will be master admin who can control all these activities. Some optional modules can also be suggested for the better management of the system. The features and functionalities: 1. Candidate Management a. All the candidate’s data can be stored in the database by filling up a form in which the name, phone, email, location, qualification, experiences, keywords and other related details of the candidate can be taken. b. The resume of the candidates can also be browsed and uploaded in the system c. The entire resume and the candidate profiles can also be searched by keyword, experience, location etc. 2. Client Management a. The client details like company name, address, contact person, phone, email, designation and the other related details can be entered in the form and saved to create the master of the clients b. The MOU with a client can be digitally uploaded in the system c. The client’s open positions can be entered and assigned to any recruiter with all the details (desired profile, job responsibilities etc.) d. The shortlisted candidate’s resume can be sent to the clients for final review/interview/written test e. The offer letter format of the client can be managed and it can be given to the candidates who are selected (closed position); similar activity can be done for the notice period agreement also f. When a position is closed, the billing of the same be sent to the client (invoice) g. If the bill is not cleared by the due date, the reminder email will be sent to the client continuously each time after a certain interval till the time the admin changes the billing status as â€Å"Received† 3. Recruiters Management a. Master (name, designation, address, Date of joining, qualification, salary etc.) b. Open position assignment with a deadline  c. Recruiters should be able to update the status of the candidates after any telephonic round of interview with them d. The candidate’s profile must be separated in such a manner that multiple recruiters do not work upon a same profile e. On the log in page the recruiters should be able to see the To Do List; e.g. To Call (23), Offer Letter (7), Joining (4), Open position (3) etc. f. The recruiters should be able to send the Daily Reports (which must not take them much time & with no manipulation) to the admin with their remarks g. Recruiters can notify the admin if any position is closed 4. Reports a. Open position status (clients, positions, recruiter handling, update, last date to close etc.) b. Billing status (clients, positions closed, recruiter, amount as per bill, date to clear, received (y/n), etc.) c. Recruiter’s Performance analysis can be analyzed (recruiters, positions handled, open, closed, closing rate, revenue generated, monetary productivity (lifetime revenue / months worked) 5. Optional Features a. SMS alert for i. Billing reminder to client ii. Appointment reminder to candidate b. Flexibility to integrate the consultancy’s own JOB PORTAL keeping this system at the back†end c. Recruiter’s incentive calculation

Tuesday, October 22, 2019

Spousal Violence Essays - Behavior, Human Behavior, Misconduct

Spousal Violence Essays - Behavior, Human Behavior, Misconduct Spousal Violence Violence against family members is something women do at least as often as men. There are dozens of solid scientific studies that reveal in a startlingly different picture of family violence than what we usually see in the media. For instance, Murray Straus, a sociologist and co-director for the Family Research Laboratory at the University of New Hampshire gave some statistics that blew my mind away. He concluded saying that women were three times more likely than men to use weapons in spousal violence. He also said that women hit their male children more than they hit their female children and women commit 52 percent of spousal killings and are convicted of 41 percent of spousal murders. There are also some misleading statistics about family violence. One, men do not usually report their violent wives to police, because they have too much pride. Two is that children do not usually report their violent mothers to the police. A reason why we do not see many women get reported is because the media does not encourage men to report the crime. Women are the ones who are encouraged to report the spousal violence by countless media reminders. The media always portray the woman to be the victim and the male to be the perpetrator. Men and children may not report when a woman injures them, but the dead bodies of the men and children who are the victims of violent women are usually reported. There is much confusion about whom to believe in the debate about spousal violence. On one side we have the womens feminist groups whom rely on law enforcement statistics. On the other side we have social scientist who rely on scientifically structured studies, which do not get any media attention. Americas press is more concerned with the political correctness than scientific accuracy. That is why our society is so screwed up now, because of the media. It is important to note that there have been the same kind of studies done in many countries. There is cross-cultural verification that women are more violent than men in family settings. When behavior has cross-cultural verification it means that it is part of human nature rather than a result of cultural conditioning. Females are most often the perpetrators in spousal violence in all cultures that have been studied to date. That leads many professionals to conclude that there is something biological about violent females in family situations. Women see the home as their territory. Like many other species on the planet, we human will ignore size difference when we experience conflict in our own territory. World wide, women are more violent than men in family settings. Women usually initiate spousal abuse. That means they hit first, and women hit more frequently, as well as using weapons three times more often than men. This combination of violent acts means that efforts to find solutions to the family violence problem need to include appropriate focus on female perpetrators. We need to recognize that women are violent, and we need nationwide educational programs that portray women are perpetrators. Other studies show that men are becoming less violent at the same time that women are becoming more violent. Educating men seems to be working. Educating men seems to be working. Educating women to be less violent should now be the main thrust of public education programs. Just as bad cases make bad laws, so can celebrity cases reinforce old myths. The biggest myth the O.J. Simpson case is likely to reinforce is the myth that domestic violence is a one way street (male-to-female), and its corollary, that male violence against women in an outgrowth of masculinity. I felt violence was an out growth of masculinity. But, men are responsible for most of the violence, which occurs outside the home. However, when 54 percent of women in lesbian relationships acknowledge violence in their current relationship, vs. only 11 percent of heterosexual couples reporting violence, I realize that domestic violence is not an outgrowth of male biology. There are some good men out there that will not hit back no matter what the woman does. This is an article that appeared in the April 20, 1997 edition of the Detroit News:

Monday, October 21, 2019

Northern Leopard Frog Facts

Northern Leopard Frog Facts The song of the northern leopard frog (Lithobates pipiens or Rana pipiens) is a sure sign of spring in North America. While the northern leopard frog is one of the most abundant and widespread frogs within its region, its population has declined so significantly that its no longer found within parts of its range. Fast Facts: Northern Leopard Frog Scientific Name: Lithobates pipiens or Rana pipiensCommon Names: Northern leopard frog, meadow frog, grass frogBasic Animal Group: AmphibianSize: 3-5 inchesWeight: 0.5-2.8 ouncesLifespan: 2-4 yearsDiet: OmnivorousHabitat: United States and CanadaPopulation: Hundreds of thousands or millionsConservation Status: Least Concern Description The northern leopard frog gets its name from the greenish-brown irregular spots on its back and legs. Most of the frogs are green or brown with spots and pearly while undersides. However, there are other color morphs. Frogs with the burnsi color morph lack spots or only have them on their legs. Albino northern leopard frogs also occur. The northern leopard frog is a medium to large frog. Adults range from 3 to 5 inches in length and weigh between one half and 2.8 ounces. Mature females are larger than males. Some morphs of the northern leopard frog lack spots. R. Andrew Odum / Getty Images Habitat and Distribution Northern leopard frogs live near marshes, lakes, streams, and ponds from southern Canada through the northern United States and south into New Mexico and Arizona in the West and Kentucky in the East. In the summer, the frogs often venture further from the water and may be found in meadows, fields, and pastures. The southern leopard frog (Lithobates sphenocephala) occupies the southeastern United States and is similar in appearance to the northern leopard frog except that its head is more pointed and its spots tend to be smaller. Diet and Behavior Tadpoles eat algae and rotting vegetable matter, but adult frogs are opportunistic predators that eat anything that will fit within their mouths. The northern leopard frog sits and waits for prey to come near. Once the target is within range, the frog leaps and snatches it up with its long, sticky tongue. Common prey includes small mollusks (snails and slugs), worms, insects (e.g., ants, beetles, crickets, leafhoppers), and other vertebrates (small birds, snakes, and smaller frogs). The frogs do not produce offensive or toxic skin secretions, so they are preyed upon by numerous species. These include raccoons, snakes, birds, foxes, humans, and other frogs. Reproduction and Offspring Northern leopard frogs breed in the spring from March to June. Males make a snore-like, rumbling call to attract females. Once the female selects a male, the pair mates once. After mating, the female lays up to 6500 eggs in the water. The eggs are gelatinous and round with darker centers. The eggs hatch into tadpoles that are pale brown with black spots. The rate of hatching and development depends on temperature and other conditions, but development from egg to adult typically takes between 70 and 110 days. In this time, the tadpoles gain size, develop lungs, grow legs, and eventually lose their tails. Conservation Status The IUCN classifies the northern leopard frogs conservation status as least concern. Researchers estimate hundreds of thousand or millions of the frogs live in North America. However, the population has been rapidly declining since the early 1970s, especially in the Rocky Mountains. Laboratory research suggests a possible explanation for regional decline relates to the effect of higher-than-normal temperatures on crowding and bacterial infection. Other threats include habitat loss, competition and predation by introduced species (especially bullfrogs), hormonal effects of agricultural chemicals (e.g., atrazine), hunting, trapping for research and the pet trade, pollution, severe weather, and climate change. Northern Leopard Frogs and Humans Northern leopard frogs are widely kept in captivity for science education, medical research, and as pets. Educators use the frog for dissection, to teach about how muscles are used for different modes of locomotion (swimming and jumping), and to study biomechanics. The sartorius muscle of the frog remains alive in vitro for several hours, allowing experimentation on muscle and neuron physiology. The frog produces a type of enzyme called ribonucleases that are used to treat cancer, including brain tumors, lung tumors, and pleural mesothelioma. Northern leopard frogs are popular pets because they prefer temperatures that are comfortable to humans and eat readily available prey. Sources Conant, R. and Collins, J.T. (1991).  A Field Guide to Reptiles and Amphibians: Eastern and Central North America (3rd Ed.).  Houghton Mifflin Company, Boston, Massachusetts.Hammerson, G.; Solà ­s, F.; Ibà ±ez, R.; Jaramillo, C.; Fuenmayor, Q. (2004). Lithobates pipiens. The IUCN Red List of Threatened Species. 2004: e.T58695A11814172. doi:10.2305/IUCN.UK.2004.RLTS.T58695A11814172.enHillis, David M.; Frost, John S.; Wright, David A. (1983). Phylogeny and Biogeography of the Rana pipiens Complex: A Biochemical Evaluation. Systematic Zoology. 32 (2): 132–43. doi:10.1093/sysbio/32.2.132

Sunday, October 20, 2019

MISERY - NOT AS MISERABLE AS THE FIRST

MISERY - NOT AS MISERABLE AS THE FIRST Stephen King's novel Misery is involving, exciting, intense, highly suspenseful, and definitely gruesome. Misery was full of unexpected and atypical imagery involving such items as axes, saws, land mowers, crosses, and other gardening utensils that were used to sear human flesh. Although I have been desensitized to this kind of violence by spending my youth in front of Pay-Per-View television, I still found the grizzly amputations and lacerations unnerving. Although the novel can be a turnoff for those with weak stomachs for its portrayal of senseless violence, I found the elements of surprise and excitement to be the most appealing aspects. I especially enjoyed the ending of Misery, which provided a thrilling climax when Paul and Annie had their final confrontation ending in the defeat of "evil".Not everything about Misery was to my liking. For example, I did not enjoy the "novel within a novel" facet of the book.Misery (novel)I found this distraction unnecessary and not overly usef ul in adding value and proved to not be constructive in furthering the main storyline. Although the chance coincidence of a number-one fan finding her idol glues this story together, it is not entirely believable. Furthermore, I believe that some aspects of provoking disgust were taken too far, as is the case when Paul Sheldon is forced to drink his own urine. My final complaint is the insufficient detail of Annie's laughing place. Descriptive aspects were omitted leaving more to be desired. Many books I read are far less interesting than Misery allowing me to place this book in the top echelon of books I've read that I consider being enjoyable.I have seen several of Stephen King's movies such as Pet cemetery, The Shinning, Shawshank Redemption, and The Storm of the Century. Most of his work is dark, which comes...

Saturday, October 19, 2019

Rococo, French Baroque and Classicism Essay Example | Topics and Well Written Essays - 500 words

Rococo, French Baroque and Classicism - Essay Example Rococo art is characterized by elegance compared to the classical approach which emphasized grandeur and symmetry making it a prerogative and preference of the aristocracy. It is more ornate whose approach complements the overall architecture and paintings of a home or structure and is praised for its aesthetic qualities. It objective is to appeal to the senses of its audience rather than evoke or stimulate the intellect. It strives for no deeper meaning other than to be beautiful and ornamental. Thus, it serves the elegant taste and ornamental use of the aristocrats making it their prerogative. For example, the murals that adorn the buildings and the homes of the aristocrats in the eighteenth century were Rococo in approach attesting their preference and for the art movement. The Rococo as an art movement was not received well from its inception and had been criticized as superficial owing to its ornamental and aesthetic approach. This criticism came from the perspective of the prev ailing art genre during that time which was French Baroque and Classicism. As an art movement, it even took a while for Rococo art to be formally recognized by art historians that only in the mid nineteenth century was it formally recognized. Having said this, philosophers became critical of the Rococo movement because it emphasizes elegance and aesthetics which run in contrast to philosophy which emphasizes depth and search for meaning. Philosophy is also particular about rules, symmetry and harmony which Rococo.

Friday, October 18, 2019

Revenue management in Hotel industry Essay Example | Topics and Well Written Essays - 500 words

Revenue management in Hotel industry - Essay Example identified three conditions which would be necessary for revenue management: there should be adequate fixed resources for sale; the resources should be perishable; and customers should be willing to pay different prices for the resources. Hotels sell rooms as fixed inventory which are highly perishable and attract different prices depending on size, location and availability of unique features. Appropriate forecast enhances identification of cost drivers leading to development of appropriate measures of performance. It would enable an organization understand how operational drivers affect its financial performance outcomes. As budget forecasts are highly dependent on demand and supply, hotels should consider their room occupancy and the charged rates should increase with increase in reservations. But in practice, this does not happen and Salerno (2012) argues that most hoteliers would blindly set rates for future and then get disappointed. Poor accuracy of budgets still remains a problem in many organizations. When forecasts are made way above or below the budget, the organization risks making bad decisions based on the incorrect projections. This would also cause the management to pay less attention to budgets as they become unreliable and not trusted. Generally, inaccurate forecasts significantly affect revenue management system performance as the organization will suffer lack of proper planning (Weatherford & Kimes, 2003). When the forecasts are set so high, Hayes and Miller (2011) argue that the forecast then becomes a motivational tool for increased performance and not a revenue management tool. However, the authors note that no organization should seek to make inaccurate forecasts. These inaccuracies would be a result of deriving facts from poor tools of budgeting such as spreadsheets fed with wrong formulae. Limited time for employees to come up with good projections and their subsequent lack of motivation could also be a reason. Additionally, sidelining

Zara Company Analysis Essay Example | Topics and Well Written Essays - 4250 words

Zara Company Analysis - Essay Example This marketing report presents a set for recommendations for the fashion retailer, Zara. These recommendations are based on the analysis of external and internal environment. The analysis of the external environment relies on theories such as the PESTLE Analysis and Porter’s Value Chain Analysis. The analysis of the internal environment relies on the analysis of the company using Resource/ Capabilities Analysis and Value Chain Analysis. Zara is a fashion retailer owned and operated by the Spanish company, Indetix Group. This fashion retailer has introduced a different strategy within the fashion market that goes against the existing strategies of the fashion industry (Anon, nd.). Despite this, or rather on account of this, the company has managed to record profitable growth since its inception. However, in order to pursue further growth, it is necessary to analyze the current strategy. ANALYSIS OF EXTERNAL ENVIRONMENT PESTEL Analysis PESTLE Analysis is a widely used analysis to understand the external environment of the company. It is an acronym for Political, Economic, Social, Technological, Environmental and Legal factors that have an impact on the overall operations of the organization (Henry, 2008). Political Factors Since companies operate within a certain geographic boundary or boundaries, the government has an impact on the company. It impacts through the laws and restrictions placed on the companies. Since Zara operates mainly in Spain and the UK, which falls within the EU countries therefore the political landscape of this area should be understood. The EU is beneficial for the company as it has made the entire region work as a local market. This allows the company to get fair advantage in the entire EU market. Zara is also operating outside Spain and EU markets and in markets such as USA, Dubai and Singapore. In this regard, the company needs to ensure that such countries have friendly relations with the national base of the company which is Spain. Also such countries should have a politically stable government so that the company continues to enjoy friendly terms. Economic Factors In terms of the economic factors, companies all around the world have been seriously hit with the financial c risis that struck the entire world in 2009. This has hampered the buying power on the consumers and most

Thursday, October 17, 2019

Bone Marrow Transplant & Donation Essay Example | Topics and Well Written Essays - 1750 words

Bone Marrow Transplant & Donation - Essay Example ICU stay would usually be hectic with frequent monitoring, institution of mechanical ventilation, renal replacement therapy and continuous infusions. The conditions for doing bone marrow transplantations, selecting the donor if doing allogeneic transplants, the actual surgery, the prevention of immune suppression after the surgery and ensuring the survival of the patient have heightened the risk of the ominous event that is bone transplantation. This paper is exploring the biological features including the anatomy and physiology of bone transplantation investigated in the various researches. Initially the normal anatomy and physiology have been described so that the reader gets a better picture of what is intended by this research. Normal anatomy and physiology of bone marrow The soft tissue that lies in the spaces between the bone trabeculae of flat bones is bone marrow. Blood vessels, nervous tissue, phagocytes, stem cells and blood cells at different stages of maturation are found in the bone marrow (Elgazzar, 2004). The red marrow has hemopoietic cells which are active while the yellow marrow is mainly fat and hemopoietically inactive. The bone marrow is essential to the human life as it provides all the blood cells: red blood cells, white blood cells and the platelets. The manufacture of the blood cells depends on the needs of the body. Active bone marrow is found mostly in the flat bones of the vertebrae (28%), pelvis (34%), the cranium together with the mandible (13%), the ribs and the sternum, (10%) and the proximal ends of the femur and humerus (4%-8%) (Elgazzar, 2004). The manufacture of blood cells is termed hemopoiesis. It begins in the human body at the fourth month of the intra-uterine life of the fetus. Within two months it functions more than the liver in the hematopoietic action. By birth, the red bone marrow becomes fully responsible for the blood cell formation. The cartilaginous epiphyses which did not have the red bone marrow at birth soon had it in the first few months of life (Elgazzar, 2004). The adult bone has active red marrow in the various bones different proportions. The usual conversion of red marrow is to the yellow marrow. However in certain pathological conditions, the reverse process occurs. Alterations to the distribution of the red marrow could change in conditions which are traumatic to the human body like surgeries, trauma or infections or malignancy (Elgazzar, 2004). Immune response Lymphocytes were the natural killer (NK) cells which were significant role players in the immune responses, both innate and adaptive (Olson et al, 2009). Lymphocytes provided the response to virus attacks, microbes and some tumors. The NK cells were white blood cells produced in the bone marrow and then moved to the region of the spleen, liver, lung, blood and lymph nodes where they resided (Olson et al, 2009). The period of maturity from a bone cell precursor to maturity came to 28 days. When an attack from viruses or mi crobes or tumors occurred, signals reached the NK cells which then migrated to the sites of attack through the expression of inflammatory chemokine receptors by virtue of their homing behavior (Olson et al, 2009). At the key sites, the NK cells entered the lymphoid tissue in the lymph nodes and non-lymphoid tissue in

Corporate Training Essay Example | Topics and Well Written Essays - 4000 words

Corporate Training - Essay Example This paper presents a detailed research analysis in to the training practices prevalent in the South African entities and the effect of such training on the global competitiveness of the firms form the view point of the management and also the threats and opportunities the training poses form the employees' view point. The biggest challenge for many companies is found in establishing a workforce that is enthusiastic and at the same time having a sense of belonging to the organization. Through research studies, this has been identified as a key element in ensuring the corporate success both in the short and long-term functioning of the firms. In the current business environment of increased labour attrition rates, employee retention has been the major task of the Human Resources Professional in many larger organizations. They are always on the look out for innovating techniques of increasing the job satisfaction and morale of the employees in order to keep the attrition rates low. One of the distinct ways of securing the employee retention is to impart periodic comprehensive training programmes on developing the skills of the employees so that they become more useful to the organization. ... Section 1 Introduction The biggest challenge for many companies is found in establishing a workforce that is enthusiastic and at the same time having a sense of belonging to the organization. Through research studies, this has been identified as a key element in ensuring the corporate success both in the short and long-term functioning of the firms. In the current business environment of increased labour attrition rates, employee retention has been the major task of the Human Resources Professional in many larger organizations. They are always on the look out for innovating techniques of increasing the job satisfaction and morale of the employees in order to keep the attrition rates low. One of the distinct ways of securing the employee retention is to impart periodic comprehensive training programmes on developing the skills of the employees so that they become more useful to the organization. The effects of such training on the employee motivation and improved performance has been proved many a times res ulting in higher advantages to the employer. It is important to understand though the business employs the greatest business model in the world and the best of the systems, unless the employees have the strength and ability to handle such sophisticated corporate aids, it may not really help the firm to enjoy the benefits of such investments. The employee trainings may cover a wide range of corporate functional areas including developing the communication skills of the employees, improving the technical skills, training about quality concepts and interpersonal relationships. The different aspects of training and development has varying impact on the employers and employees in that the employers look at the training

Wednesday, October 16, 2019

Bone Marrow Transplant & Donation Essay Example | Topics and Well Written Essays - 1750 words

Bone Marrow Transplant & Donation - Essay Example ICU stay would usually be hectic with frequent monitoring, institution of mechanical ventilation, renal replacement therapy and continuous infusions. The conditions for doing bone marrow transplantations, selecting the donor if doing allogeneic transplants, the actual surgery, the prevention of immune suppression after the surgery and ensuring the survival of the patient have heightened the risk of the ominous event that is bone transplantation. This paper is exploring the biological features including the anatomy and physiology of bone transplantation investigated in the various researches. Initially the normal anatomy and physiology have been described so that the reader gets a better picture of what is intended by this research. Normal anatomy and physiology of bone marrow The soft tissue that lies in the spaces between the bone trabeculae of flat bones is bone marrow. Blood vessels, nervous tissue, phagocytes, stem cells and blood cells at different stages of maturation are found in the bone marrow (Elgazzar, 2004). The red marrow has hemopoietic cells which are active while the yellow marrow is mainly fat and hemopoietically inactive. The bone marrow is essential to the human life as it provides all the blood cells: red blood cells, white blood cells and the platelets. The manufacture of the blood cells depends on the needs of the body. Active bone marrow is found mostly in the flat bones of the vertebrae (28%), pelvis (34%), the cranium together with the mandible (13%), the ribs and the sternum, (10%) and the proximal ends of the femur and humerus (4%-8%) (Elgazzar, 2004). The manufacture of blood cells is termed hemopoiesis. It begins in the human body at the fourth month of the intra-uterine life of the fetus. Within two months it functions more than the liver in the hematopoietic action. By birth, the red bone marrow becomes fully responsible for the blood cell formation. The cartilaginous epiphyses which did not have the red bone marrow at birth soon had it in the first few months of life (Elgazzar, 2004). The adult bone has active red marrow in the various bones different proportions. The usual conversion of red marrow is to the yellow marrow. However in certain pathological conditions, the reverse process occurs. Alterations to the distribution of the red marrow could change in conditions which are traumatic to the human body like surgeries, trauma or infections or malignancy (Elgazzar, 2004). Immune response Lymphocytes were the natural killer (NK) cells which were significant role players in the immune responses, both innate and adaptive (Olson et al, 2009). Lymphocytes provided the response to virus attacks, microbes and some tumors. The NK cells were white blood cells produced in the bone marrow and then moved to the region of the spleen, liver, lung, blood and lymph nodes where they resided (Olson et al, 2009). The period of maturity from a bone cell precursor to maturity came to 28 days. When an attack from viruses or mi crobes or tumors occurred, signals reached the NK cells which then migrated to the sites of attack through the expression of inflammatory chemokine receptors by virtue of their homing behavior (Olson et al, 2009). At the key sites, the NK cells entered the lymphoid tissue in the lymph nodes and non-lymphoid tissue in

Tuesday, October 15, 2019

Middle Eastern Comparative Law Essay Example | Topics and Well Written Essays - 750 words

Middle Eastern Comparative Law - Essay Example The clear path is what most refers to as the philosophy of sharia, and one of the basics of sharia. It is a core foundation on which the faith is based on; that God created the souls of every individual and â€Å"appointed a divine law for each.† The only path that is clear and straight is the Sharia (BBC). Throughout Islamic history, God has sent out messages to different people across the world to guide them to the clear and straight path. All the messengers have reminded mankind that they exist in the divine guidance of their creator. The Sharia clusters all human actions into five categories; obligatory, permitted, recommended, disliked and forbidden. Obligatory actions must be executed, and God rewards people who perform them with good intentions. The opposite of these actions are the forbidden ones. Recommended actions are those that should be done, and the opposite of them is the disliked actions. Permitted actions are neither encouraged nor discouraged. Another core principle to the Sharia is that it covers all aspects of human life. Four key parts make up the classical Sharia Manuals; laws regarding individual acts of worship, laws relating to commercial activities, laws relating to the issues of marriage and divorce, and penal laws (BBC). Sacred law is very distinctive from secular law although there are notable similarities such as the reference to a mutually consented set of laws. One of the most notable differences is that sacred law is very rigid to changes as compared to the secular law. Those adhering to sacred law are guaranteed of a rigid set of laws that is well understood by the population and also faces little opposition. Although some of the systems that utilise sacred law are a bit oppressive, a large portion of the public respects the law (Dien 56). Secular law on the other hand is a bit adaptive and changes from time to time to accommodate emergent issues. Since it is prone to changes, the public is not always of the

Indoor Tanning Versus Outdoor Tanning Essay Example for Free

Indoor Tanning Versus Outdoor Tanning Essay Tanning in itself can mean several things, one being an activity which utilizes animal skins by making it to useful things, which improves the lifestyle of human beings. Tanning can also mean an activity in which one takes in leisure time to tan his or her body or rather it seems to look like an activity that is physical exercise in nature, as we are going to discuss later in our discussion. Some may even tan to make their skin darker and attractive. This means that, tanning has so many dimensions and those doing it may have different goals of their own to get from it. Everybody likes to vacate the usual daily tiring duties and longs for whether he or she can seek time to relax his or her body and mind for other beneficial activities. There are so many activities that one can take to relax and benefit but depending on what makes one comfortable and at the last minute what they gain and get satisfied. Some people would choose watching movies, playing physical games or video games and other leisure activities. Tanning in itself involves keeping your body skin under sun rays while applying devices to gain something. It can be done in two ways; indoor and outdoor. Under indoor one remains within ones protective premises and uses the indoor devices available for tanning. Sometimes indoor tanning is not advisable as it is risky and can lead to negative effects as will be outlined below. This does not mean outdoor is the best. However it has very many advantages. Outdoor involves going out for example touring other countries or even going to leisure places such as beaches and utilize the tanning facilities available for a proper achievement of ones tanning goal. To start with, indoor tanning creates a big risk to those who do it since it has an ability of causing melanoma the most serious skin cancer in the world. This is most prone when one uses indoor tanning devices in the wrong way. Take for example; a person who uses an indoor tanning bed, raises their probability of developing melanoma to above 74 percent. Though the use of the bed as a device bears the highest chances, it is worth noting that it does not mean the others are the best. Note that the higher the number of frequency of use, the higher the probability of inheriting the cancer. The cancer mainly does not have a target group and all the groups of people either children or adults-young and old face equal dangers. The number of cases of this has been on the increase in the United Kingdom and the drug sector is even discouraging the practice of tanning indoors. Though there have been various methods of indoor tanning like the use of UVB and the use of UVA, research shows that neither method is safe (Cancer Epidemiology, Biomarkers and Prevention). More so, it is important for members of the family to gain enough information on how to carry out indoor tanning because, though devices used carry risks, a recent research shows that there are better ways to use them and that can reduce the risks (American Training Institute). Take for example; the use indoor tanning lotions, which provides clients with more beneficial results and therefore improves indoor tanning. The research verifies this (American Training Institute). However it is worth to note that, the results are the best if the lotion is used in a combination of a professional tanning device. But it does not mean that indoor tanning carries the entire side of negatives. In comparison with the outdoor tanning, indoor has a privilege in that, it provides control and one feels comfortable and this creates experience. This is because of the absence of protocols and regulations to govern somebody compared to outdoor. However, some governmental organizations in some countries are trying to introduce control measures on this. Outdoor is what majority of the world population rely on. Many of them visit the beach for tanning. A normal exposure to the sun during outdoor tanning will never give any good results. It is therefore advisable to try and learn the dos and the don’ts of outdoor tanning. Outdoor utilizes different devices from the indoor ones. Some people may happen to buy products to use during their outdoor tanning and at sometime after their tanning they harm them or even cause harmful reaction over their bodies. The difference may be caused by the change in environment for instance the sun rays or even allergic reactions. This adds to the fact that protective measures should be taken into consideration for one to get excellent results after outdoor tanning. When basking on the sun one needs to consume a lot of water to avoid dehydration of the skin, since during this time a lot of it is being lost in the atmosphere unlike in indoor where there are not sun rays. Dryness of the skin results to a rough and a cracked skin, which might be a problem and unwanted to everyone who visits the beach for tanning. It is evident that, under indoor one realizes that it is possible to tan any time. Outdoor has a limitation in that at times, it is not good to bask in the sun during some hours like between 11. 00 a. m. and 2. 00 pm (Angela para. 3). This is when the sun is burning to its maximum. Otherwise one will need to take a lot of water and wear a better sun lotion. It is also good to avoid drinks which might be alcoholic as this will only lead to speeding up the dehydration process. In conclusion, any of them can be better for anybody and its better for one to consider the repercussions and the benefits of whatever choice. Indoor tanning exposes one to very dangerous effects and a lot of knowledge is required before one runs to it. Changing from one to the other is what seems to bring the very best results as limiting oneself to any of them is harmful. In most cases the indoor tanning should be done very carefully. Knowledge of what to do and not is portrayed as the key factor to get the best results. Neither of them is better than the other since, whether indoor or outdoor, the outcome will be the same (Indoor tanning versus outdoor tanning). It is is important to be aware that outdoor sometimes is not reliable since one can get sunburns instead of what he or she wanted. Indoor wins an advantage here since there is the control of the sun rays. It is also important to have the knowledge of your skin, in order to be able to choose the better of the two.

Monday, October 14, 2019

Finding Forrester Analysis

Finding Forrester Analysis The film Finding Forrester is a movie about a young boy, Jamal Wallace (Rob Brown) that lives in the Bronx. He has an intellectual talent for writing, quite contrary to his stereotypical ghetto friends. Jamal meets and befriends William Forrester, once a great Pulitzer Prize winning author who now lives in solitary. Forrester mentors Jamal and teaches him life lessons. Jamal in turn helps Forrester break free of his tough, leathery shell and reclusive life. This movie, although slightly boring and predictable, highlights the breakdown of stereotypes in our culture and the relationships that blossom through pure chance. I do not recommend watching this movie in theaters; save your money. Overall, the storyline is unoriginal and dull. It begins during a casual basketball game. Jamal and his friends notice someone hiding behind a window curtain, looking down at them. Known to the boys as The Window, William Forrester (Sean Connery) lives alone, never leaving his apartment. This may sound interesting, but to me, this is the only part of the movie that raises curiosity and suspense. After school one day, Jamals friends dare him to break into the authors apartment. Jamal climbs in through the window and ultimately gets spooked by Forrester, leaves his book bag behind, and flees down the fire escape. If it were my home, the police would be called; however, Forrester doesnt find it necessary. Surprisingly, the next day Jamals backpack is dropped to the street. Well, Jamal recovers his book bag and he finds his journals marked up with corrections, praises and other remarks. Unbelievably, Jamal, wishing to discuss the editorial markups in his journal, returns to Forresters ap artment. I cannot imagine a teenager returning to confront the owner of the apartment he broke into the day before. After knocking on the door, the grumpy author hollers at him to stay away and tells him he should consider writing a 5000 word essay on why he belongs out of his house. The following day, Jamal returns to deliver the essay by leaving it outside Forresters door. Can you guess what happens next? I can. These two characters officially meet face to face the following day when Jamal returns to ask about the essay he left behind. Forrester allows Jamal to enter his home. After a few racist remarks were sputtered, testing Jamals character, a unique friendship begins. Would you befriend Jamal after he breaks into your home? Also, I do not believe black men or women would tolerate racial slurs or remarks that Forrester feels necessary to express. To me the clichà ©, only in the movies rings true. Resuming with the plot, Forrester is amazed at Jamals writing and begins to couns el him on intellect, writing, and life. During this time Jamal receives a scholarship to an à ©lite private school typically attended by rich children with a far different background than him. There he meets Claire Spence (Anna Paquin) and his professor, Henry Crawford (F. Murray Abraham). Claire shows Jamal around his new school and a strong bond cultivates. However, Professor Henry Crawford believes Jamal is only attending the school for his basketball skills and cant believe he is there for any other reason. After all, Jamal is an avid basketball player. The school is inevitably hoping to receive the coveted trophy at the end of the season and Jamal is the boy to do it. After several weeks, Crawford accuses Jamal of plagiarism when he submits a paper he wrote for a writing contest. Conflict and unexciting suspense finally happens again when the professor claims the paper had similarities to an essay Forrester once published. When Jamal refuses to admit he plagiarized or received permission from Forrester himself, he was eliminated from the competition. I would not go out of my way to watch this movie. The ending, with its rather soft climax and humdrum resolution provides entertainment for Sunday mornings when you have absolutely nothing else to do, but watch television. Although, Sean Connery did a wonderful job playing the character of author, William Forrester, I would rather see him playing the role of 007 in James Bond or something with a bit more excitement. I do not think he could do a horrendous job acting even if he was casted in this monotonous movie. Rob Browns acting of Jamal Wallace is rather mediocre. His movements and actions throughout the film were forgettable. I believe he did a satisfactory job representing his character; I just cant brag about his acting abilities in this film. Although, he never plays a leading role, F. Murray Abraham, is also an experienced actor. He ranks near the top of the list with Sean Connery. He did an acceptable job performing his role as Professor Henry Crawford. Even though his character was slightly far-fetched, his acting was believable. At the very end of the film, Matt Damon makes an appearance as Forresters attorney. He is an excellent actor, but the part he plays in Finding Forrester is extremely small. Overall the actors received a passable grade for their abilities to play their parts in this somewhat lame movie. We expect far-fetched movie plots in science fiction or movies about green, three-headed monsters. While watching this flick, you want to believe what you see is true and some aspects are indeed genuine. Every day, we see intellectual children and teenagers do remarkable things, achieve the unachievable. Personally, if you are going to make a film that others can relate to, specifically, black, inner city teenagers, then everything in the storyline should be realistic. Honestly, I have to admit, I find movies that break stereotypical boundaries motivational, but I would not waste my money paying inflated ticket prices to see Finding Forrester in the theater. I suppose every movie cant be full of suspense and action. To me, this 3 out of 5 star movie is best watched on HBO or Showtime. Save your money. Dont see it at the theaters. Finding Forrester, Dir. Gus Van Sant, 2000, Columbia; Fountainbridge Films; Laurence Mark Productions, DVD, 136 minutes. CAST: Sean Connery: William Forrester Rob Brown: Jamal Wallace F. Murray Abraham: Professor Henry Crawford Anna Paquin: Claire Spence Busta Rhymes: Terrell April Grace: Ms. Joyce Michael Pitt: Coleridge Michael Nouri: Dr. Spence Richard Easton: Matthews Glen Fitzgerald: Massie Zane R. Copeland Jr.: Damon Stephanie Berry: Janice Fly Williams III: Fly Damany Mathis: Kenzo Damien Lee: Clay Matthew Noah Word: Coach Garrick Charles Bernstein: Dr. Simon Matt Malloy: Bradley Matt Damon: Sanderson RATING: C 3 out of 5 stars

Sunday, October 13, 2019

The Perfect Motorcycle Essay -- Personal Narratives Automobiles Mechan

The Perfect Motorcycle As long as I can remember, I have always been interested in cars, trucks, and other gear-head type stuff. I think I have liked automotive things because my dad is very mechanical and has taught my brother and I more about cars than we really need to know. Luckily in the past few years I have also taken an interest in motorcycles. This began shortly before my sixteenth birthday when I found out that my brother had secretly acquired one and was keeping it at a friends house. As the story goes, my brother Mike noticed an old rusty bike leaning against a shed in someones yard when he was driving around with one of his friends in our truck. Mike asked the man who lived there if he would be willing to part with the motorcycle, and eventually it ended up at our house. That bike was certainly nothing special to look at and when I first saw it, it really wasnt anywhere near running condition. Through much of my brothers perseverance, and a whole bunch of luck, the bike began to runfirst on one cylinder, then on both. I remember when Mike first got it running my dad and I looked on as he took the first ride around the yard; Im not sure if Mike knew it ahead of time or not, but the bike didnt have a functioning clutch. We soon discovered that rolling the motorcycle down a hill and then dropping it into gear wasnt too violent and was certainly good enough for the time being. Soon after, my dad and I were both allowed to ride; I think we both realized that if Mikes bike had been such a success on such little money (free, plus a few necessary parts) there were motorcycles in both of our futures. About a month later, my dad bought another old Honda in beautiful condition, and about a month after that I bought a ... ... model for under $2000 online. I think that with some luck, I could find a CX500TC for about the same price. Unfortunately, the Turbo bikes are much more rare, and even if not more valuable, they are simply harder to find. I recall that shortly after I purchased my bike, I found a CX500TC for sale in Milwaukee (only about 1.5 hours from where I live) for $1500 at a dealership. I was almost having second thoughts about having just purchased a motorcycle, but I think I made the right decision at that time because I am very happy with my bike and I still enjoy every chance I have to ride it. The next time I am in the market shopping for a motorcycle, I will be sure to see if there are any Honda Turbos available for me to consider. Works Cited Honda CX & GL500 Bulletin Board http://cx500.gobinet.se Honda Milestone Models http://www.hondamotorcycles.com

Saturday, October 12, 2019

Messiaen’s Quartet for the End of Time - Quator Pour Le Fin Du Temps Es

Messiaen’s Quartet for the End of Time - Quator Pour Le Fin Du Temps Technical and Interpretative Challenges Presented to Performers in Messiaen’s Quartet for the End of Time Olivier Messiaen (1908-1992) played a significant part in the evolution of twentieth-century music, influencing a number of other composers with his innovative compositional techniques. The Quartet for the End of Time, is not one of Messiaen’s typical works due to the circumstances in which it was composed (his main outputs were organ, orchestral and choral works), but it marks the start of the significant use of some of these techniques. In 1940, Messiaen was called up to serve in the army as a hospital orderly, but was soon captured by the Germans and taken to a prisoner-of-war camp. Here, suffering from food deprivation and extreme cold, he had the idea of composing a piece for the End of Time. There were four musicians on the camp – himself (a pianist), a violinist, a cellist and a clarinettist – and so he wrote a quartet. Performers of the work need to consider the circumstances under which the piece was composed and also the reaction it created at the first performance of it. This was in front of the entire prison camp in January 1941 where, says Messiaen, ‘never have I been listened to with such attention and understanding.’ Messiaen had no choice on what instruments the piece was written for, ‘the group of instruments†¦to large to allow the piano to express itself freely, yet too small to obtain†¦variety of timbre,’ and his way around this was to obtain ‘maximum variety of which they are capable.’ By exploiting each instrument in so many different ways to create different timbres, the technical challenges faced by the performers are endless. Musi... ...o performers), Quote 11: demonstrates the need to control the sound when there is a sudden change in articulation. Quote 12: demonstrates the need to be in control of the instrument when faced with an unusual and challenging technique – ‘col legno’ is to use the wooden side of the bow on the cello strings which is particularly difficult for control of intonation. Quote 13: demonstrates the need to be in control of intonation within the ensemble. This is the case in all sections of the Quatuor scored for two or more parts in octaves. Bibliography ed. Hill, Peter, â€Å"The Messiaen Companion† chapter entitled â€Å"The End of Time: a Biblical Theme in Messiaen’s Quatuor ,† (London: Faber and Faber 1995) Johnson, Robert Sherlaw, â€Å"Messiaen,† chapters entitled â€Å"Birdsong,† â€Å"Christianity and Symbolism† and â€Å"The Works of the War Years: Quatuor pour la Fin du Temps (1940-41),†

Friday, October 11, 2019

Swot Analysis of Meru

SWOT ANALYSIS Strengths: Meru Cabs was one of the first companies to launch metered â€Å"Radio cabs† in India under its brand â€Å"Meru. † Meru has captured the first mover advantage in this segment. Meru is very famous among its customers so much that when people think of air conditioned cabs they associate it with Meru. Meru cabs offer good training to their drivers so that they can maintain the Meru level of consumer service. They also regularly maintain their cabs which make it neat and clean and so commuters enjoy their ride.They have digital tampered proof meters so there is no chance cheating. Weakness: Meru cabs largely depend on technology right from the moment to pick up customers to drop them. They use GPRS system to track the customers and to drop them to their location and also to show them the real estimated time. So if there is any server failure or breakdown it becomes difficult for the cabs to function smoothly. Usually Meru cabs are available when cu stomers call for it. So there is time lag between the call time and actual ride. They are not as easily available as local non air conditioned cabs.People usually prefer meru cabs for long distance travel. Opportunity: Meru so far is catering only to major metro cities. They should consider upon extending their services to tier two cities because these cities are growing rapidly. They can also consider upon renting cars without chauffeurs. They can also update their customers with real flight time schedules through Infotainment services. Meru should also think for strategic partnership with various travels portals so that they can extend services like pick up and drop to customers to their hotels and so on. Threats:Although Meru was the first player in this segment; it is now facing stiff competition from players like Tab Cab, Mega Cabs and so on. There is very less level of differentiation among all these cabs. So this is eroding the market share of Meru. Air conditioned buses star ted by BEST in Mumbai is also competition to Meru cabs. Driver unions also prove to be a problem many a times. Government regulations and sudden changes in policies is also a threat. CRM of Meru to retain customers * No additional or hidden charges because of tamper free meters * Printed receipts produced at the end of every trip In case of any complaints, feedback etc. , passengers can call Customer Service Center at 44224422 * Lost and found belongings due to trustworthy drivers * Usage of clean green fuel because it uses LPG and CNG cars now a days to reduce pollution * Thoroughly trained Chauffeurs in a smart MERU uniform, fluent in English and Hindi and regional languages * Users are encouraged to make profiles on the website for faster and easier bookings next time * Round the clock availability of cabs backed by a location tracking GPS – based dispatch technology and a 24Ãâ€"7 Customer Service Center.This means a quicker pickup and faster response time to call for a c ab. * Tamper-proof digital cab meters, integrated with the GPS-system to ensure that every fare is tracked, thereby ruling out any possibility of overcharging by the driver. * Ability to track the location of the cab ‘real-time’ through the GPS technology * Emergency security features installed in the taxi for complete safety, including display of our Customer Service Center numbers inside each cab – provides security in case of an emergency-PANIC BUTTON BENEFITS OF CRM * Customer segmentation Market analytics like records of customer profiles, profile, payment history etc. * Generation of accurate leads and SMS bursts that target only the right customers based on their segmentation is possible * First time retention has increased from 40 % to more than 90 % * Customized and simplified bill formats, payment collection through cards * Better value added services were provided * It facilitated knowledge sharing amongst employees * Option of booking a cab in less th an 60 seconds * Reduced cost of customer acquisition * Has resulted in savings because of fewer calls

Thursday, October 10, 2019

Character Analysis of The Lottery

The lottery is usually associated with beating the odds and winning something extravagant. In Shirley Jackson’s short story â€Å"The Lottery†, the reader is led to believe the story is about something cheerful and happy given the setting of a warm summer day and children out of school for the summer. Jackson turns winning the lottery into a bad thing. Of 300 villagers Tessie Hutchinson shows up late, claiming she forgot about the annual lottery drawing, but seems very excited to have made it on time. When Tessie was in no danger she is gossiping with neighbors and encourages her husband to draw for the winner. Jackson curiously builds up the character of Tessie so that it seems she is blinded by tradition until she becomes a victim of it herself. Mrs. Hutchinson is introduced in the story as being late for the drawing of the lottery and claims that she â€Å"`clean forgot what day it was’† (Jackson 206). After reading the story and knowing the outcome, it seems ironic that someone could truly forget something that is so awful. It’s almost as if Tessie was dreading this day all along. Why else would she have claimed to forget something so important to the town? Maybe Tessie was overly excited to get in on the action only to act as if it were no big deal. The Author also describes her as coming â€Å"hurriedly along the path to the square†¦ † (Jackson 206). Was this because she had truly forgotten and didn’t want to be late, or because she couldn’t wait for the lottery to begin? Initially Mrs. Hutchinson is presented as a character who when she arrives, she calmly talks to the other women and makes a joke to her husband by saying â€Å"` Wouldn’t have me leave m’dishes in the sink, now, would you, Joe’† (Jackson 206). When It comes time for Tessie’s husband Bill to draw she rushes him by telling him to â€Å"`get up there’† (Jackson 208). Tessie feels as if she is in no danger. This conduct makes her appear to be anxious about the drawing so the stoning can begin and confident that their slip won’t have the dreaded black dot on it. Tessie’s attitude changes when her eagerness to see the lottery through is put to an abrupt stop when she realizes her family has been chosen. She uses Mr. Summers as a scapegoat and shouts â€Å"`You didn’t give him enough time to take any paper he wanted. I saw you. It wasn’t fair ‘† (Jackson 208). Throughout the drawing of the names, Tessie seemed to be fine with the fact that someone was going to die until it the realization set in that it may be her. Before a drawing is held to decide who wins, Tessie tries to make Mr. Summers include her daughter, â€Å"`There’s Don and Eva, make them take their chance! ’† (Jackson 209). This shows how ruthless and careless Tessie is. She knows that her daughter was already entered in the drawing under her husband’s name. Having her daughter enter would only give her more of a chance to live. After Tessie is chosen as the winner she demands that the drawing was done unfairly and that her husband was rushed. What’s ironic about that is she is the one who rushed Bill to draw. Jackson uses the hypocrisy of Tessie’s actions to show this. Tessie’s victimization at the hands of the towns people allows her to be a semi-symbolic character, which will lose her life due to a cruel death by stoning. They did this all for the sake that there may be a fruitful crop for the coming harvest season. Surprisingly, even Tessie’s closest friend was mentioned as finding a stone so big that she had to lift it with both hands. Mrs. Hutchison was tardy to the biggest event of the year. She desperately hoped that she would not win. Although no one should have to suffer such cruelty, her complaining after being chosen annoyed everyone and tends to make the reader feel that she deserves the death that she was awarded.

Wednesday, October 9, 2019

Federalist Paper Essay Example | Topics and Well Written Essays - 250 words

Federalist Paper - Essay Example Indeed, people have the power to influence future course of actions and contribute to the formation of new political equation. The social change is critical paradigm that accelerates political transformation, introducing new mechanisms of establishing more effective democratic values and processes. People become the agent of changes and their empowered decisions pave way to radical equations of socio-economic and political compulsions. Jay fears that the confederacies of the Union would not be able to restrain invasions from the outside but federal structure, thus envisaged, would be more effective because of its dual nature. The confederacies would be able to focus on development of their people and region while the wider policies of defense etc. would be the responsibility of the federal Union of America. People would be able to enjoy the fundamental rights and would help create new channels of development and establish government that is committed to the welfare of the

Tuesday, October 8, 2019

Functionalistic Theory Essay Example | Topics and Well Written Essays - 500 words

Functionalistic Theory - Essay Example The basic principles of functionalist theory as applied in psychology reside in the concept that although every part of the organism functions independently, they are still linked together. Each has its own function to perform but all parts have the ultimate goal of determining ways to adapt to the environment to maintain equilibrium. Such function is the primary concern of functionalistic theory rather than the structures. In addition, human functioning and behaviors are understood through the conduction of research and other methods of study employing non human animals because of their relation to humans making them a suitable substitute for investigation of real life events. But since not all humans are the same, functionalists stressed that there are individual variations which laid further studies regarding individual differences. The works of the three theorists of functionalism, Thorndike, Dewey and James have contributed much to functionalism’s popularity and applicati on. Their work did not only advocate the recognition of functionalism as a school of thought but had influenced the American education. Along this line, their significant addition is compared and contrasted. The idea of James had changed how physics was thought from Newtonian operation to pragmatism.

Monday, October 7, 2019

How does Interferon work Essay Example | Topics and Well Written Essays - 1000 words

How does Interferon work - Essay Example This paper aims to present the function and mechanism of Interferon Interferon, based on common definition is a family of cytokines or cell-signaling protein that is produced in the immune system. It functions as a natural protection of the human body which regulate anti-tumor, antiviral, and immune responses. Its function also includes cell differentiation (Ogbru par.1, 2). As stated in the article, Interferon is a drug resulting from biotechnology that is based from the protein found in our body. It is used as a drug against HIV/AIDS because it helps fight the symptoms of the disease. The mechanism of this drug was not understood before, therefore leaving it untouched and overlapped by modern treatments for HIV/AIDS that are available today. However, it was continuously used with other drugs in the treatment of hepatitis C which paved way to a better understanding of how interferon works (Bardi par.2-6). The explanation of how the interferon functions goes back to how the immune sy stem battles viruses. One way of how the immune system fights is by directly attacking or devouring the pathogens that are invading our body. Another way is with the use of the so-called restriction factors. The actions of the restriction factors are focused inside the infected cell in which they inhibit the spread or reproduction of the infected cells (Bardi par.1-3). APOBEC3, which is one example of these restriction factors, is also a family of proteins that thwarts the production of infected cells. It is indicated that APOBEC3 have eight genes that are present in humans and other primates. APOBEC3 is another family of protein that is connected to the protein named Activation Induced Deaminase (AID). AID is required in somatic hypermutation and class switch recombination. These processes are required to perform its function in DNA mutations on bacteria. APOBEC3 uses the same concept in disabling HIV infected cells. They attach themselves to the infected producer cells mutating it . This mutation affects the infected cell by packaging APOBEC3 into virions of flawed virus. The budding virus that would be produced will make them unable to infect new cells (Bardi par. 4; Doehle 14 & 16). Although APOBEC3 disables the production of infected cells, the HIV has developed its own defenses that would retaliate against APOBEC3. These things are called viral infectivity factor or Vif. Vif destroys APOBEC3 by taking over parts of the cellular ubiquitin-proteasome pathway. After seizing the cellular degradation pathway, the Vif targets the APOBEC3. Dilapidation happens after the polyubiquitination of APOBEC3 molecules. This would then disable the job of the APOBEC3 to be packaged in budding viruses, making them target and infect new cells (Bardi par. 11; Spearman 1, 2 & 11). Tetherin, another member of the restriction factors also help in the prevention of infected cells and HIV. Tetherin is also identified as HM 1.24, CD317 and bone marrow stromal antigen or BST-2. It i s a type 2 transmembrane protein and consists of a cytoplasmic N-terminal region, a transmembrane domain, a flexible coiled-coil extracellular domain and a C-terminal glycophospatidyl-inositol anchor. The discoverers of tetherin also described it as a membrane spanning protein. Tetherin, which is derived from the word tether literally tethers, or secures the virions on the cell membrane of the infected c

Sunday, October 6, 2019

Second Amendment Rights Essay Example | Topics and Well Written Essays - 1000 words

Second Amendment Rights - Essay Example tatement of the Second Amendment of Right to Bear Arms could be considered both general and quite unstable as to saying who is allowed and is not allowed to own a gun. Apparently, the word â€Å"militia† in the context of the released law does not only refer to the federal officials but to anyone who has been trained to handle a gun. In some cases, the explanation of a â€Å"militia† even refers to a community of â€Å"reserved soldiers†.1 These reserved soldiers are members of the community considered as individuals who are ready to fight for the country in case emergency national needs require them to be a part of the country’s defence. 2This is of course a matter of serious consideration; however, noting who these reserves may be has not been specifically stated in the law created about gun ownership guidelines. Apparently, the unstated guideline as to who exactly are plainly allowed to own a gun around the 49 states of America made the Second Amendment rather debatable. Believably, it is through this particular loop hole in this particular law that the owners of guns who are less responsible are able to live away from the seriousness of what they have done despite the fact that somehow, they may have created certain differential analogy of the second amendment giving them quite an easier option of running away from the punishment that they ought to receive in connection with the law in concern. As an upper tier law, the second amendment of rights in the United States gave an allowable bearing upon those who have their own guns as a measure of self defence and response to possible national security threats.3 Although the law allowed even ordinary people to own their arms, they must still be able to register their possessions in an agreeable matter written on paper that they are to use the guns only when necessary such as situations when their safety is under threat or if the national security commission ordered them to be a part of the civilian soldiers as

Saturday, October 5, 2019

People & Organisations Essay Example | Topics and Well Written Essays - 500 words

People & Organisations - Essay Example Maslows Hierarchy of Needs can be viewed in a pyramid form. From bottom to top the needs are as follows: These can relate to an organisation as well as the individual. Physiology for an organisation can be the basic necessities of a company. For example, a hotel must have a building capable of holding multiple rooms, electricity, heat, beds, and other basics. Security could be resources needed to continue the hotel business, such as employees, customers, and other resources. Loving and friendship could mean the employees relationships with each other, but even more importantly with the customer. Esteem could be an example of pride in ones work. Hotel employees coming to work and actually having pride in their job. Self actualisation is achieved with a successful company. For example, the Hilton hotels could claim self actualisation. 2) Apollo Culture (`Role Culture): ordered and structured organisation, operating within clearly defined and well-known rules and hierarchies; classic bureaucracy or public service organisation. 3) Athena Culture (`Task Culture): very different approach to the concept of management: emphasis is on achieving the task in hand through a problem-solving culture, with little concern about the organisational structure or rules; power and influence depends on expertise and achievement, and successful participation in team-work, not status in the organisation. 4) Dionysus (`Existential Culture): emphasis is on individualism, not on the organisation at all; the organisation exists only to enable the individual to achieve, not the other way round; typical organisational culture of professional practices such as a medical partnership or barristers chambers; no `boss at all in the normal sense, though for practical purposes one of the professionals will probably be elected or appointed by the group. (Handy, 13-36) Instead of directly describing all of these points

Friday, October 4, 2019

Story of Cricket Essay Example for Free

Story of Cricket Essay At Old Trafford in 1956 Jim Laker produced one of the most famous individual performances ever in a Test Match, and one which will surely never be repeated. It was hardly surprising then, following that 19 for 90 in the Ashes deciding fourth Test, that publishers rushed to sign up the man who had enthralled the nation, and it was Frederick Muller Limited who secured the rights to publish Lakers autobiography. In the 1950s Mullers were one of the leading publishers in that field also, at various times, publishing books in the names of Colin Cowdrey, Trevor Bailey, Tom Graveney and Bill Edrich. Today there is no trace of the companys imprint, although its lineage can be traced through to current publishers Random House. In time Laker was to become a respected commentator and author in his own right but his three early books for Muller were ghost written. One, Over to me, that was published in 1960, was to cause a considerable furore, but the books were, generally, no more satisfying than similar books which appear today. The first book to appear bearing Lakers name appeared in early 1957 and was entitled Spinning Round the World. There is nothing remarkable about the content of the book and there are no compelling reasons for anyone to seek out a copy today, however there is one fascinating chapter, the final one, where Laker looks forward in order to speculate as to what cricket in the year 2000, forty three years on, might be like. The purpose of this article is to have a look at Lakers approach in order to see just how accurate or otherwise his predictions were and then for the writer to try and project the game forward again, this time, less ambitiously, to 21 years hence. To understand Lakers vision of the future it is necessary to know a little about the man himself and, more importantly, something of the state of the game when he made his predictions. Although Laker played his county cricket for Surrey, he was a gritty Yorkshireman. After leaving Surrey he also played briefly for Essex as an amateur but he was, throughout his Surrey career, a professional with all the typical attitudes and values of the northern professionals of that time. As far as the game itself was concerned England was very much the centre of the cricket world and the only country where there was a full time professional structure. Seventeen First Class counties would compete each year for the County Championship playing 28 three day games apiece. Only around half a dozen of them ever had any realistic aspirations to winning the title and there was no other domestic competition, so many games had little by way of a competitive edge. Overseas players had to acquire a residential qualification before they could play county cricket, and a decision to do so would end their international careers, so while there were overseas players in the English game they were not the top stars and English crowds only saw overseas Test players when they toured with their countries every few years. Test cricket was televised, but in grainy black and white, so in order to see the game properly supporters had to turn up at the grounds. In 1957 the English game was run by the MCC then, as now, a private club for gentlemen, and a similar organisation, the Imperial Cricket Conference, ran the world game. The abolition in the English game of the division between amateur and professional was, by 1957, inevitable but it was to be another six years before the distinction was finally consigned to sporting and social history. As far as the international game was concerned Test cricket had the great battles between England and Australia but for many years every other contest had been some way behind both in competitiveness and importance. South Africa had beaten England, in South Africa, on three occasions and once, in 1935, had defeated England in England but only once had they achieved even a draw in a series with Australia and, prior to 1952/53, had won but one Test against their Southern Hemisphere rivals. New Zealand in those days had never beaten England in a single Test and India had only ever won one match against England and that against what was effectively a second XI in 1951/52. Australia had only played New Zealand once, in a game so one sided they did not play them again for almost 30 years, and they had never been beaten by India. Only West Indies, who had comfortably beaten England in England in  1950, had changed the order of things and even they had failed to trouble Australia. In 1957 Pakistan had been the most recent addition to the family of Test playing nations and they had proved competitive, a great fast medium bowler, Fazal Mahmood, spearheading them to Test victories over England and Australia but the team as a whole was young and inexperienced and it was to be another 30 years before Pakistan would reach the top of the tree. It is also worth bearing in mind that in 1957 there was only one touring side to England each summer. Then, as now, Australia visited every four years as, since the war, had South Africa. There were therefore only two slots in the four year cycle for the other tourists and the 1950s saw nine years between New Zealand tours, eight years between Pakistani visits and seven years between those of India and the West Indies. A Test series then was four, or more usually, five matches. There were, of course, no one day internationals and the tourists would also play each of the 17 First Class counties once, and in the case of Yorkshire, Surrey and Lancashire usually twice, as well as a number of other First Class fixtures. Laker gave us two alternative visions of the future, one of which he was at pains to point out was not serious, but which is, when looked at overall, perhaps the most prescient. Laker saw the first Ashes Series of the 21st century as consisting of ten Test matches, his rationale being the extra funds generated by the ultimate form of the game. He saw the final Test still taking place at The Oval, and while the lifts to take ticket holders to their seats and the waitress service that Laker envisaged for spectators have not actually come about, the vast improvement in spectator comfort that he predicted has. As to the game itself Laker described players having numbered shirts and bowlers being allowed to make liberal use of substitutes to enable them to leave the field for a break after each spell. He also saw batsmen being allowed to take breaks within their innings, giving captains an American football style dilemma as to how best to arrange their batting order. It is certainly an interesting concept that a Paul Collingwood could be sent out to steady the ship after a couple of quick wickets fall only for him, having done so, to be able to take a rest while Andrew Fintoff comes out to blaze  away safe in the knowledge that if he falls early Collingwoods war of attrition can resume. Laker also predicted the increase in scoring rates in Test cricket which recent generations have delivered. We have not seen the ten ball overs that he foresaw, nor a rule that a batsman must score off at least three deliveries in each ten ball over or face a penalty, but we have seen the shortening of bou ndaries, albeit that has not gone as far as the complete standardisation at 60 yards that Laker felt the future would bring. Having set out that vision of the future Laker then took a step back, decided that the MCC and ICC were far too reactionary to countenance such changes and went on to outline a rather more conservative set of suggestions the majority of which have proved to be accurate. First and foremost Laker foresaw, although it was not difficult at the time, that the old order of the game, run as it was in large part by grandees and great industrialists, would have to change, and that former players and professional businessmen would have to have a hand in the running of the game. Irrespective of ones views on how those individuals who have found themselves in positions of power have performed there is no doubt that the game is much more professionally run than in the 1950s. As far as players are concerned, and Laker was only considering the English game here, he foresaw the dismantling of the archaic system of residential qualification for counties and predicted the dawn of the overseas player and a system of players transferring between counties and, which must have seemed farfetched at the time, the very recent concept of players going out on loan from one county to another. He also predicted, if not in so many words, the arrival of central contracts. As far as the laws of the game are concerned there has been little change since the 1950s and Laker did not anticipate anything revolutionary nor did he consider it necessary. This was a time when, despite its having been in the game for more than twenty years, the new LBW law that we have today was still controversial. Surprisingly, given that he was an off spinner, Laker was in favour of returning to the old rule whereby a batsman could not  be out LBW to a ball pitching outside the off stump, although it is clear it was not something that he expected to happen. One change that the following years did see, and which Laker considered essential, was the abolition of the old back foot no ball law which, at a stroke, eradicated the problem with fast bowlers dragging that was, by the time it changed, in 1969, a serious problem. Laker still believed, and this was the only feature he took from his unacceptable vision, that boundaries would become standardised. He deplored a state of affairs whereby a batsman could be caught in the deep on one ground and play an identical shot for six on another and keenly felt the inequity of this. Again this is perhaps surprising from a man who was a spin bowler and who spent many of his playing days on the wide open spaces of Kennington Oval with its long boundaries. Perhaps looking back to the controversies of the previous year Laker also foresaw a ground inspection panel to regularly inspect test and county grounds with a view to avoiding wickets being under prepared or otherwise unfit for the First Class game. Lakers final prediction was that the laws, or playing conditions, would contain provision for a fixed number of overs to be played in a day and that, after a number of gradual moves towards it, is now something we are used to. That it took so long to arrive is surprising and it took an infamous act of gamesmanship on the part of Brian Close, which cost him the England captaincy for the 1967/68 tour of West Indies, to secure the first move with the immediate introduction of a rule that 20 overs must be bowled in the final hour of a county championship match. The most significant development that Laker did not foresee, and indeed none of his generation did, was the introduction of single day matches with a limitation of overs to both sides, and to anyone looking back on the latter part of the 20th century that development must be viewed as the most significant step taken in the games evolution. Historically, a knockout cup between the First Class counties was mooted on a number of occasions,  initially as long ago as 1873, without any consensus ever being reached. What was usually discussed was a competition consisting of standard First Class matches, however no satisfactory mechanism for resolving the problems thrown up by drawn games was ever worked out. The possibility of one day cricket was considered, at some length, towards the end of the Second World War when the MCC was preparing for the resumption of the First Class game but was, effectively, dismissed out of hand. Two reasons were cited, firstly that a game of cricket limited by time or overs would be detrimental to the art and character of the game and, secondly, that captains would be encouraged to concentrate on preventing the batting side from scoring rather than from dismissing them. As the counties finances lurched from crisis to crisis in the 1950s discussions about a cup competition continued but it was not until 1961 that it was finally decided that a 65 overs per side cup competition was to be launched and as a result in 1963 the Gillette Cup was born and the rest, as they say, is history. So how will our great game look in 2030 as I approach my three score years and ten? I believe, like Jim Laker, that the game is fundamentally sound and little will change, at least insofar as the Test, First Class and List A versions of the game are concerned. There will, inevitably, be changes in the way that the game is umpired, and I have little doubt that in 2030 all potentially contentious umpiring decisions will be made instantly by technology and that the on-field umpires role will become a management function rather than a judicial one. I see little change to the laws of the game in prospect, although following the retirement of Muttiah Muralitharan and the hard line stance the Australians have decided to take on the doosra, I can certainly see that particular delivery being outlawed and consigned to history. I also expect the heartfelt plea put forward recently by Swaranjeet to result in the remit of the match referee extending to pitch preparation to ensure that the sort of tedious cricket that we saw for a large part of Englands series in the Caribbean earlier this year is not repeated. As for the domestic game in England I cannot see the 18 county structure  being dismantled but, given the success that central contracts have had in raising standards, I do think the amount of cricket played will inevitably and properly reduce so that players, and young and inexperienced ones in particular, have the opportunity to finely hone their skills in the nets rather than in match conditions. The above being said my expectation of the 20/20 game is that that will change considerably in the next 21 years. 20/20 will still be cricket but I believe there will be law changes that will remove it even further from the First Class game and I do think it will develop along the lines of the future that Jim Laker did not like the look of. I believe that LBW will end as a mode of dismissal in 20/20. It is far too complicated a law for casual viewers of the game and with it will be abolished the leg bye thereby, the legislature will say, adequately punishing the batsman for failing to lay bat on ball. I can also see greater rewards for batsmen who hit the ball further into the crowd and that we will end up with boundary eights and, perhaps, tens, as well as the traditional fours and sixes. I also believe, given the investment that some teams will make in the biggest names, that there will be an opportunity for batsmen to stay at the crease notwithstanding that they are dismissed and that captains will have to decide whether they want their star batsman to leave the crease or whether, on pain of a forfeit in terms of runs, they wish to leave him out there in place of a lesser batsman. I do not expect to be overly enamoured of this game as it changes but it will still be easily recognisable as cricket and as well as attracting a new audience to the game it will, I believe, spread the game around the world. I foresee that 20/20 cricket will feature in the Olympics in the near future and that it will be embraced by other nations in a way that the First Class game never will. In the 2030 20/20 World Cup I see the USA and Canada in particular providing strong opposition to the traditional test playing nations.

Thursday, October 3, 2019

European Court of Human Rights

European Court of Human Rights Introduction The purpose of litigation at the European Court of Human Rights (ECtHR), is to examine alleged violations and ensure that States Parties comply with their obligations under the Convention, providing individual applicants with effective remedies and just satisfaction under Articles 13 and 41 of the European Convention on Human Rights (ECHR). The wider objective is to protect and embed locally the three CoE foundation stones; liberal pluralist democracy, human rights and the rule of law to effect structural and institutional change and create a common democratic and legal area throughout the whole of the continent. Yet comprised of 47 member states and 811 million citizens, the CoE inhabits a fundamentally different territorial scope to that in May 1949. Originally a social and ideological counterpart to NATO, it has undergone a central shift in its core modus operandi from an interstate process of protecting the democratic identity of Member States through the medium of human rights to its emerging front line role as an arbiter of liberal human rights through the medium of individual petition. Considerable problems that threaten to undermine what has been achieved over the fifty years during which the Convention has operated lead one to ask whether there is any point taking such cases at all. This brief essay is split in two sections. Section one analyses the tripartite problem outlined within PACE Resolution 1226 (2000); the inadequate clarity and casuistical nature of Court judgements, characterised by doctrinal uncertainty in the margin of appreciation; the systemic non-implementation of judgments and failure to employ necessary reforms that would avoid further violations, with a case study of the Russian Federation; and a critique of the insufficient rigour and failure of the Committee of Ministers (CoM) to exert enough pressure when supervising the execution of judgments. Section two, explores the central debate between individual and constitutional justice; and the potential impact Protocol 14 may have on the asphyxiating6] Court and CoM. Finally I assess the accomplishments of Strasbourg litigation before returning positively to our initial question with a passionate case for individual petition against the backdrop of a tide of human rights abuse in post-communist accession Europe; the utility of the Interlaken proposals; and preservation of the Human Rights Act 1998. Section One: Problems Theoretical Fault Lines: An Unprincipled Margin The extent to which there is any point to Strasbourg litigation is determined in the first instance by the extent to which the Court can effectively balance its role as a supranational judicial guarantor of liberal individualist human rights, within the CoE framework of upholding and deferring to the thread of pluralist democracy; an intrinsically collective ideal. For McHarg, Strasbourg jurisprudence is characterised by the absence of a conceptual framework integrating a preferable rights model with a defensible conception of the public interest. Greer agrees, highlighting unresolved normative, institutional, and adjudicative questions, and the failure of the Court to deliver a concrete body of jurisprudence and constitutional authority. The result formulaic, thin decisions and un-ordered interpretive principles, at best devaluing Convention rights and at worst denying them. This dichotomy is played out through the margin of appreciation doctrine; the latitude given to States Parties based on their better position with the facts on the ground. ECHR protections are not absolute, but relative; they are subject to exceptions permitting infringement of the fundamental right or freedom, specifically defined within paragraph two of Articles 8-11; and under Article 15 (A15) can be erased altogether to the extent strictly required by the exigencies of the situation. These express definitional restrictions remind us of Bentham; this, we see, is saying nothing: it leaves the law just as free and unfettered as it found it. Strict judicial interpretation and objectivity are critical to the defence of Convention rights in the context of these exceptions. The flexibility of the margin is for Waldock advantageous to the evolutive nature of Strasbourg Jurisprudence, and for Dr Arai-Takahashi value pluralism being the fundamental prerequisite and virtue of a liberal democratic society, a set of standardised rules would devalue regional legitimacy and richness of cultural values and traditions among member states. The CoE is clear in its aim to promote awareness and encourage the development of Europes cultural identity and diversity.That Convention rights are relative is a moot point for realist theorists, since States Parties would never have been willing to be bound by the Convention in the first place without safeguarding their democratic sovereignty. Yet McHarg notes the paradox in a legal scheme which is supposed to protect the individual against the collective, sanctioning limitations to rights on collective grounds. How far in practice does the ECtHR go towards fulfilling the supervisory function it refers to in Handyside v UK (1976)? To what extent does Osts assertion that there is never an unchallengeable margin hold true? McHarg talks of doctrinal uncertainty while Jones points out that even the Courts president has acknowledged the justification to some extent of criticism of the doctrines lack of precision and use without principled standards. Fiercer critics lambast the abdication of the Courts enforcement responsibility. Dembour questions if Convention rights are so full of contradictions that they are useless? It is intrinsic to the dichotomy between international individual rights protections and the national collective interest that the margin of appreciation occupies a middle position between subjectivity and objectivity; between a burden of proof firmly on the government on one hand and on the other of wide deference to it. In Lawless v. Ireland (1961), Waldock asserted: a Governments discharge of responsibilities is a problem of appreciating complex factors and balancing conflicting considerations of the public interest; once the Court is satisfied that the appreciation is on the margin the interest the public itself has in effective Government and maintenance of order justifies and requires a decision in favour of the legality of the Governments appreciation; Simpson saw this reflecting an implicit determination to back the authorities. Dembour and Jones respective assessments of further A15 derogations demonstrate consistently deferential applications of the margin, and reluctance to objectively scrutinise the existence of an emergency or of the measures implemented to tackle it. In Greece v. United Kingdom (1958), the Commission argued that the assessment whether or not a public danger threatening the life of the nation existed is a question of appreciation; determining the validity of the repressive measures employed, the UK government enjoyed a certain discretion. Such a position is clearly evident in Ireland v. United Kingdom (1978), confirmed in Brannigan v. McBride (1993), both concerning A15 derogations of Article 5 with regard to the detention of suspects in Ireland. Several problems arise from the rationale employed in these cases. Dembour draws our attention to the absence of a factually and theoretically strict analysis impossible to justify in human rights terms. Indeed, the inevitability of a wide margin in the context of A15 derogations, led Judge Martens to assert that there is no justification for leaving a wide margin because the Court, being the last resort protector, is called upon to strictly scrutinise every derogation. Jones contends a state of emergency objectively determinable if a national government has evidence of such a situation, he asks why this is not capable of assessment by an international Court? Implementation: A pessimistic view is well founded Strasbourg jurisprudence has demonstrated the capability of the Court to robustly uphold Convention rights from major shows of arbitrariness, ensuring a degree of justice for applicants and families, international attention, accountability in relation to serious violations, and domestic legislative change. Notwithstanding the significance of such supranational decisions, analysis of the pending caseload (some 116,800 cases in October 2009), reveals a Court facing unsustainable pressure from repetitive cases concerned with structural problems in civil, criminal and administrative proceedings; serious pervasive human rights abuses; and unacceptable delays in the implementation of judgements. Implementation remains the Achilles heel of the Convention system, A brief case study of Russia underscores the gravity of the situation. It is the irony of history that the Russian Federation now occupies a key position in the very organisation established to provide European unity and security in the face of Soviet communism. Comprising 27.3% (31,850) of all pending applications at the ECtHR, the Medvedev Government faces protracted challenges in its attempts to develop civil and economic freedoms ending the legal nihilism that is seriously hindering modern development. I write following the death in Butyrka prison of Sergei Magnitsky, an anti-corruption lawyer acting for HSBC / Hermitage Capital in the $230m tax fraud case. This case and the ongoing second Khordokovsky trial are emblematic of structural defects in the Russian criminal justice system and procuratura that have lead to the accusation and incarceration of many innocent persons. Other important cases demonstrate the gravity of the situation, including Gusinskiy v Russia, Ilascu and Others v Moldova and Russia, the first six Chechen cases, Shamayev and 12 others v Russia and Georgia and Aleksanyan v Russia. Leutheusser-Schnarrenbergers recent PACE report on politically motivated abuses of the criminal justice system is a powerful indictment of the failure of the Russian Federation to entrench a meaningful institutional framework that engages with the rule of law. The report highlights a multi-layered problematic of political and hierarchical vectors of pressure on judges to secure convictions; retrogressive legislative proposals that call into questions Putins implementation of jury trial; the endemic failure to safeguard defence lawyers from coercion and realise a truly independent objective procedure for their selection and quality; serious investigative flaws; and unremitting legal nihilism. The systemic pervasive abuse of human rights in Chechnya represents perhaps the most serious Convention violations. It is here that PACE and the CoM face their most urgent challenges. Bowring draws our attention to the recent memorandum on the North Caucasus, exposing violations by security forces, including enforced disappearances, torture, extrajudicial executions; and impunity for these violations of international law; while Leach candidly outlines the scope and extent of the crisis; the first Chechen cases demonstrate the real limitations of the individual rights mechanism of the European Court as a forum for resolving wide scale, systemic and serious human rights violations. In his recent visit to Birkbeck College, Leach vividly underscored the paradoxical and lamentable and legally unsatisfactory problem of non-disclosure (ND) of domestic case files, in spite of repeated requests made by the Court. 33 of the 37 Chechen judgments have been characterised by this problem, notably Basayeva and Others v. Russia and Bitayeva and X v. Russia and Isayeva, Yusopova and Bazayeva v. Russia. The Court in Bazorkina v. Russia pointed out that documents of the criminal investigation are fundamental to the establishment of the facts and their absence may prejudice the Courts proper examination of the compliant both at the admissibility and merits stage. Chechnya aside, Leach identifies a further threefold problem of implementation vis-Ã  -vis Russia, confirmed in Pourgourides 2008 CLAHR Report; deficient judicial review over pre-trial detention, resulting in excessive periods of detention and overcrowding; the Nadzor procedure supervisory review of final judicial dec isions; and the urgent complex problem of the non-enforcement of domestic judicial decisions against the state In the context of these problems, can there be any hope for optimism? Bowring draws our attention to the often ignored historical context which has characterised Russia as part of a long and complex relationship with human rights and with the rule of law and judicial independence, which are its essential underpinning. It is in this context he argues that the ECHR, rather than an alien implantis to a large extent a restoration of the reforms of the 1860s. Ghorkova contends current legal reforms and the creation of the rule of law and a civil society with the appropriate structures and mechanisms to protect human rights and fundamental freedoms as well as the participation in the activities of the Council of Europe, are wholly in line with Russian Interests. Behind Russias posturing is, according to Bowring a serious engagement with international law its commitment in terms of diplomatic and financial resources is substantial; and compliance with its obligations indeed, in 2007 the ECtHR heard 192 complaints against Russia. Russia won just 6 and paid in full the orders for compensation in every case. In addition, in a wider sense, Leach points out the pre-eminent position of the CoE vis-Ã  -vis Russia in view of the inability of the United Nations effectively to sanction Russia over human rights abuses, and as a result of Russian suspicion about the motives and aims of the OSCE. Entrenching the rule of law in Russia will be a slow process. However, the mechanisms for its success are at least in legislative terms visible. It is my contention that through the work of the CoE and ECtHR, the Russian Federation will make a true engagement with human rights. As we shall explore below, the right of individual petition is an essential part of this process. It is easy to dismiss the Court as having failed in its mission when confronted by the ongoing abuses of rights in Russia. Yet this depends on how one defines success. From Systemic Individual Justice to an Abstract Constitutional identity The critical mass of applications lodged coupled with systemic non implementation of Court judgements has led Wildhaber to a paradoxical observation; that the quantum leap in recognising the individual as a subject of international law, has reduced the capability of the ECtHR to ensure the safeguarding of the individual from violations of Convention rights. That the Courts well noted asphyxiation is intrinsically related to the right of individual recourse is clear. De Vries April 2009 CLAHR Report lays bare the unsustainable increase in applications, principally in the wake of post-communist accession, underscoring the urgent need to tackle obviously inadmissible cases; repetitive cases that concern established systemic defects; and to concentrate on the most important cases. The inferences drawn from these stark figures have been decisive shaping proposals to ameliorate the crisis; but moreover reveal the wider battle for the soul of the ECHR borne out of competing understandings of the Courts function. The crippling application rate is for Greer emblematic of the intrinsic failure of the CoE structure to systematically deliver individual justice; intrinsic since individual recourse is a flawed paradigm. Foremost, the Convention system was, according to Greer, simply not designed as a conduit for the fulfilment of individual human rights through the medium of individual petition, but rather the protection of democratic identity through the medium of human rights. Its contemporary utility is thus encouraging European public organisational, legal and ideological parity though articulation of an abstract constitutional model member states should then apply. Greer goes on to cast doubt over the possibility of the ability of the Convention system to deliver systematic justice to every applicant, concluding that given this individual justice becomes arbitrary. Finally, he argues that where cases are adjudicated in favour of the applicant, they are often hollow victories marked by symbolic rather than instrumental awards of just satisfaction, but beyond that little else. Consequentially he argues the urgent need to that the cases the Court does select for adjudication represent the most serious Convention compliance problems in Europe, and that they are settled with maximum authority and impact. Wildhaber agrees, the need for the Court to concentrate its efforts on decisions of principle However, for Sir Stephen Sedley, the proposal to introduce a discretion to refuse to entertain cases which are legally admissible is a counsel of despair; to do this would be to abandon the Courts crucial role, which is not that of a Supreme Court, but that of a tribunal of last resort for citizens of non-compliant states. This, he argues may be attractive to judges but is less attractive to citizens of sates which persistently or systematically fail to observe the convention. And this is less attractive still in light of the concern that amendments to the admissibility criteria will restrict the right of individuals to seek redress at the European Court, without ade quately tackling the problem of the increasing number of Convention violations across Europe. Conclusion: Why Bother? Camerons renewed pledge to repatriate the Human Rights Act (1998) (HRA) with a British bill of rights to better tailor, but also strengthen, the protection of our core rights may soon be a reality. DPP Kier Starmer has made an impassioned defence of the HRA and broad impact of Convention jurisprudence on the CPS: the common law sometimes struggles with a coherent approach to human rights; the Human Rights Act is an essential component of the framework within which everyones rights may be protected. The ECHR has shored up the right to a fair trial in the UK, the CPS underscoring the relationship between Article 6 and its work securing the fairness of trial proceedings in criminal proceedings. It was central to the development of PACE (1984), ensuring formality of interrogation and ending miscarriages of justice through uncorroborated evidence. Regina v Fulling (1987) demonstrates the efficacy of PACE safeguards against evidence collected under oppression, contrary to the ECHR; the meaning of the term (oppression) reflects the wording of Article 3. Starmer underscores the positive obligation on the state to take reasonable steps to protect potential victims from a real and immediate risk to their lives from criminal activity. When they (victims) unfortunately acquire that status, they have the right to an effective investigation. These are rights that spring from the Human Rights Act, not rights that conflict with it. Critically, they are now enforceable in court. Through the application of the ECHR, challenges may be made under Section 78 PACE as to the admissibility of the evidence obtained; and victims have the right to challenge decisions not to prosecute, particularly where they can point to poor decision-making or inappropriate consideration of irrelevant factors in that process. The HRA is central to legal certainty and transparency, and development of a modern public prosecution service prosecuting firmly and fairly, in an open, transparent and independent way; supporting victims and witnesses by enabling, encouraging and supporting their effective participation at all stages in the criminal justice process; and a commitment to respect and protect the human rights of all those affected by our decisions, whether they be victims, witnesses, suspects or defendants. Klug demonstrates the tangible protection of freedom under the Human Rights Act in sixteen important areas; freedom of association; private and family life; freedom of expression and the media; terrorism; torture; jurisdiction in Iraq; protecting the right to life; investigations into deaths; marriage; asylum seekers; disability; mental health; restraint of young people in secure training centres; sexual orientation; race; and gender. A few examples of Case law in these areas make a powerful case for Strasbourg litigation. A and others v UK (2009) held that the incarceration of suspected international terrorists under the Anti-Terrorism, Crime and Security Act 2001 without charge or trial was disproportionate and discriminated on the ground of nationality or immigration status. In R (H) v Mental Health Review Tribunal, the rights of those detained under the Mental Health Act (1983) were bolstered by the shifting burden of proof for continued detention onto the health authority. Prisoners rights have been enhanced, including the granting of voting rights in Goldberg and Others v. Minister of Prisons (1979); the freedom from censorship of correspondence, in Silver and Others v. UK (1980); and changes to cell policies following the racist murder of a prisoner in R (Amin) v SSHD (2003). R (Baiai) v SSHD (2008) was important ensuring the sacrosanct right to marry under Article 12 was free from discrimination on the grounds of immigration status. Leach, in his recent visit to Birkbeck College drew attention to the heart-rending fact finding missions in Anchora in the early 1990s, highlighting serious pervasive violations of the Kurdish minority in South East Turkey. The deplorable case of Aydin v. Turkey (2005) is emblematic of the effect of individual petition and its fundamental importance to the effective protection of the substantive rights and freedoms provided for in the Convention. It is perhaps through this significant programme of litigation, setting key standards in violations of Articles 2, 3 and 5, and delivering access to justice to those most vulnerable and marginalised members of society that the true point of litigation in Strasbourg is made. For those in the North Caucuses, 2009 has been a frightful year, symbolised by the death in Grozny in July of Natalia Estimirova, followed a month later by Zarema Sadulayeva and Alik Dzhabrailov. Through the delivery of constitutional justice those most vulnerable people whose voices so desperately need to be heard will be cut off from the most advanced international system for protecting civil and political liberties. Barkhuysen and Emmerick contend that the Courts constitutional legitimacy and moral authority are derived through providing legal protection to individuals by breaking the State Partys sovereignty. This unique achievement, unprecedented in international must be defended. It is here that the point of Strasbourg litigation is to be found.