Wednesday, October 30, 2019
Project Saturn Case Study Example | Topics and Well Written Essays - 1250 words
Project Saturn - Case Study Example Saturn was to be a plant to produce a brand new car; GM had not been introducing a brand new car for some time. The name Saturn bears the name of the rocket ship the astronauts used to go to the moon. Saturn was to combine innovative technique in labor relations and innovative manufacturing technique. Roger Smith said that Saturn was the key to GM's long-term competitiveness, survival and success, and its mission was "to develop and produce an American-made small car that will be fully competitive with the best of the imports ' [and] affirm that American ingenuity, American technology and American productivity can once again be the model and the inspiration for the rest of the world." (Ingrassia) After careful planning, with intervention from governors of different states to have the plant built in their jurisdictions, Smith proceeded with the project in Spring Hill, Tennessee. More than two decades later, a new brand of recession hits the world. GM has a pending application for a bailout by the White House. And Saturn is about to be sold out to whoever wants it. What happened to the GM savior after all these years' It was Smith's dream - the savior concept of Saturn to put GM back on track. In the 1980s, GM was still struggling or was just recovering from the harsh realities of the recession. Yet, it was threatened by other auto giants of the time, like Ford, and the Japanese automakers Honda and Toyota. These companies had their own brand competitive cars and a distinct but effective management. Issue No. 2: How effective was the new brand of management and new technology on Saturn to bring GM to its desired leadership in the industry' The innovative technique in labor relations indeed materialize, but not the technology that Smith envisioned. Smith and the UAW agreed on a Memorandum of Agreement to implement plans for innovative technique in labor relations. Smith and UAW head Donald Ephlin signed the MOU which stated this principle: "We believe that all people want to be involved in decisions that affect them, care about their jobs and each other ' and want to share in the success of their efforts." This kind of effort proved effective and beneficial for the plant employees. They were now part of the management of the plant and even in hiring new employees. They felt they were part-owners of Saturn. But this produced resentment inside GM. Other GM brands viewed Saturn as unfair to them. The first Saturn cars went on sale in the fall of 1990 to great fanfare. When the Japanese auto makers bought one Saturn car and opened it up, they all laughed to what they discovered: "the dashboard had overlapping plastic panels that made it look cheap, and a harsh-sounding engine that stemmed from inferior motor mounts." (Ingrassia) Issue No. 3 - Did Saturn bring GM financial successes, and otherwise' Saturn was behind arch-rival Ford in earnings, quality and every other measure. GM's financial performance was lagging. The quality or different kind of car that Saturn was to build as envisioned by Smith did not materialize. Smith had bought whole companies, like Ross Perot's
Monday, October 28, 2019
Typical Families Today Essay Example for Free
Typical Families Today Essay To even a casual observer of American society over the past five decades, drastic changes in the fundamental makeup of the American family and the perceived image of the American family are readily apparent. Many factors have contributed to the evolution of the American family; along with those changes, specific positive and negative impacts on the familial unit as a whole have been posited by sociologists and other observers and commentators. For many, the evolution of the American family signals a greater freedom for the individual; for many others, the evolution of the American family merely records a devolving of traditional cultural values and social support systems to modes of cultural disintegration.            Although it is difficult to determine with any reliability, the nature and true composition of a traditional American family, the surface-level societal image that stands as the most predominant is that of the nuclear family, which, while maintaining close ties among the immediate family members; mother, father, children differs from European (and other) cultures where family is extended much further into more distant relatives and tribal associations.             At any rate, and despite the differences between the nuclear family and deeper historical models, the American family as nuclear stands as the single most definable image of family in the recent past. This model emphasized a patriarchal power-structure with the father as provider and protector and the mother as home-maker and care-giver. Just as many familial models from other cultures prioritize the family itself as the focal point of preservation and development, the American nuclear model places scant interest on individual growth or happiness. Family conflicts and interpersonal estrangement were regarded as obstacles to be overcome within the inter-dynamics of the family itself; individual happiness was desired or permitted in relation to its overall impact on the familys security and foundations.            Although the model of the nuclear family was likely never more than a functional abstraction for many people, for others, it did comprise a model by which to live and, indeed, sizable amounts of people did live their lives under the auspices of the nuclear family. In time, cultural evolution suggests that the restrictions on individual freedom, identity and ambition played a crucial role in the eventual breakdown of the nuclear family.            Among other key elements, The sexual revolution, womens liberation, relaxation of divorce laws, and greater mobility have been cited as forces which are fracturing the traditional family structure, and these fractures are typically viewed as quite serious and with long-lasting consequences. In considering the sexual revolution it must be noted that this concept extends not only to unmarried couples with children, but to homosexual couples, childless couples, and those who are involved in some combination of the above. The opening of individual freedoms relative to sexual behavior has plunged the U.S into a rapidly changing family relationship landscape. Every assumption made about the family structure has been challenged, from the outer boundaries of single mothers raising out-of-wedlock children to gay couples having or adopting children to grandparents raising their grandchildren (Lebey, 2001, p. 20).            the increase in womens rights and legal recourses resulted in a rising number of divorces which contributed to the evolution of the American family. Single mothers and divorced couples rose in prominence among the statistical realities of how people actually lived rather than how Americans would like to imagine they lived. The evolution in traditional family structure started slow but maintained a steady pressure:            Fault lines in Americans family structure were widening throughout the last 40 years of          the 20th century. The cracks became evident in the mid 1970s when the divorce rate            doubled. According to a 1999 Rutgers University study, divorce has risen 30% since   1970; the marriage rate has fallen faster; and just 38% of Americans consider themselves     happy in their married state, a drop from 53% 25 years ago. Today, 51% of all marriages     end in divorce.                                    (Lebey, 2001, p. 20)            The basic shift is one from prioritizing the family, itself, as an end to be attained and the idea of the individual as the most important factor in developing life-relationships, career paths, sexual orientation, and lifestyle. Whereas by compulsion under the nuclear family, those family members who felt alienated or disregarded by their families were expected to deal with their alienation within the context of the family itself and certainly not by leaving the family, out-right, or out-right rejecting the familys primacy. If we grant Lebeys assertion that the four main societal changes [that have] occurred that have had an enormous impact on the traditional family structure. The sexual revolution, womens liberation movement, states relaxation of divorce laws, and mobility of American families then we should also take special note that her latter point: mobility of families and family members has probably played a larger role than any other single component in the actualization of the modern family. (Lebey, 2001, p. 20)             If our culture tends to focus on the individual, or, at most, on the nuclear family, downplaying the benefits of extended families, though their role is vital in shaping our lives it also protects and preserves individuals freedom of choice and freedom of lifestyle far above the sanctity or preservation of the family. Mobility is the most direct expression of individual freedom: The notion of moving on whenever problems arise has been a time-honored American concept. Too many people would rather cast aside some family member than iron out the situation and keep the relationship alive (Lebey, 2001, p. 20).            Mobility is not always a matter of choice but is often a matter of personal necessity driven on by employment conditions or other economic factors. Statistically, during the 10 years from 1989 to 1999, more than 5,000,000 families were relocated one or more times by their employers and this relocation is often driven by economic advancement and/or a safer place to raise children. From March, 1996, to March, 1997, 42,000,000 Americans, or 16% of the population, packed up and moved from where they were living to another location(Lebey, 2001, p. 20).            In addition to mobility, another aspect of lacing such a large emphasis on individual happiness and orientation is the idea that individual happiness is not only the paramount objective for personal decision making and interpersonal relationships, but that this idea of happiness should be also considered nearly inviolable. That is, the individual is socially conditioned to believe that any state that is less than happy is somehow abnormal, undesirable and should be remedied as soon as possible by whatever means: For at least 20 years, the pharmaceutical industry has learned how to cash in on the American obsession with feeling good by hyping mood drags to rewire the brain circuitry for happiness through the elimination of sadness and depression and this idea of constant happiness of course extends to ones marriages and familial relationships. (Lebey, 2001, p. 20)            If one begins to regard individual happiness and individual ambition as the primary points of consideration in resolving inter-personal conflicts and especially inter-familial relationships, it is far more likely that breaks rather than repairations will be the result when issue of personal alienation or the restriction of self-expression and lifestyle intrude upon familial relationships. The overall decrease in an individuals willingness to work out tehir problems whatever they are and wherever they find themselves, along wiht a corresponding increase in the idea of mobility, freedom, disposable jobs and relationship, brings about conditions which highly favor the radical evolution of the American family from its not-so-distant nuclear image.            The central question regarding the societal impact of the evolution of the American family on the societys well-being as a whole pivots on the idea of individual vs. collective rights. In other words, the evolution away form traditional family models toward those which encourage and encompass a much larger degree of individuality has resulted in a breakdown of the traditional family but also a breakthrough in individual freedoms and liberties. Whether or not the cult of the individual will provide a sufficient enough substitution for nuclear family values in terms of providing for a healthy, growing, and just society remains to be seem. What is obvious is that traditional family models: one man, one women with fairly rigid gender roles and social mores is, indeed, a thing of the past.            The increasing number of non-married couples with children, of gay and lesbian couples with children, of single-parent families, and other non-traditional models is a highly visible indication of the social changes now occurring in America. No less visible or impacting is the rise of individuality and individual-orientation in American society which has both occasioned the breakdown of traditional family models and been enabled by the breakdown of traditional social mores and images of the typical American family.       Reference Lebey, B. (2001, September). AMERICAN FAMILIES Are Drifting Apart. USA Today (Society        for the Advancement of Education), 130, 20.
Saturday, October 26, 2019
Norplan - The 5 Year Birth Control :: Contraceptives, Birth Control Essays
Norplant are Six thin, bendable plastic implants that are put in under the skin of the upper arm. These soft capsules are the size of a small stick. Each capsule contains one hormone. Those hormones are called levonorgestrel. Levonorgestrel is like the progesterone that is made by a woman's ovaries. A very small amount of hormone is released regularly. This hormone typically stops the ovaries from getting released. It also condenses the cervical mucus, keeping all sperm from getting together with egg. Some scientist believes that Norplant stops the fertilized egg from sticking to the lining of the uterus. Norplant only last about five years. The Cost of Norplant costs between $500 and $750 dollars. This cost includes the medical exam, a pregnancy test, the implants, and the insertion of Norplant. The cost is about $150 a year for a five-year period. The Doctor will eventually charge an additional fee in order to remove the Norplant her body and that costs from $100 to $200.Some insurance plans may cover Norplant. Norplant is one of the most effective birth control. It becomes effectual in 24 hours of insertion. Out of 10,000 women that get Norplant 5 will get pregnant. Norplant is more effective than sterilization Norplant does not protect women from sexually transmitted infection. The process of inserting Norplant starts with the doctor washing the skin with an antiseptic and she will numb a small area under your arm with a painkiller. The doctor will then make a small cut. Then the doctor will insert six capsules. The person needs all six capsules to prevent a pregnancy. The Insertion takes about 10 minutes. This procedure is painless. The only pain that a person get is by the needle is used to insert the painkiller. Some women have a little bit of discomfort just for a little while it can be inserted at any time of the month even though they usually insert Norplant during the first seven days of a menstrual cycle. This is just to be sure that the women are not pregnant. Norplant must be removed by five years when it stops working. Removal has to occur after five years because if not the hormones may continue to be released and cause irregular periods without pregnancy prevention. To remove Norplant your doctor will numb the area with a painkiller. And he or she will make a small cut will in order to remove all of the capsules.
Thursday, October 24, 2019
Study on the Historical Background of Parental Involvement
Although parents and instructors have interacted since schools were foremost formed in the United States, the construct of parental engagement has changed over clip ( Cutler, 2000 ) . In the early 19th century, parents and the community greatly controlled the actions of the schools. The place, church, and school supported the same ends for acquisition and for the integrating of the pupil into the grownup community ( Prentice and Houston, 1975 ) . The community, including the parents and church, were in control of the educational system by engaging instructors, developing the course of study, and turn toing maturity accomplishments necessary for their environment. In the late nineteenth and early twentieth centuries, a different form of partnerships began. Parental authorization began to decrease and local school control could be seen in the increased authorization of province, county, and territory educational systems. During this clip period the school began to draw off from the community cognition and towards the educational expertness of the instructors. Up to this clip, it was thought that anyone could learn ( DeMoss, 1998 ) . Rearing was supplemented by direction and course of study in schools ( Berger, 1991 ) . Throughout this displacement, pupil coursework became enhanced in countries that the parents and community members did non hold cognition of or a background in. As a consequence, Epstein ( 2001 ) suggested that parents were expected to take on a different role-that of fixing their kids for school by leaving values, duty, and other normally held work moralss. During the 1960s, educational theoreticians and the federal authorities began to back the transition of statute law back uping such plans as Head Start, Home Start, and Follow Through ( Berger, 1991 ) . As schools became larger and more impersonal, beds of school bureaucratism were added. This made it hard for parents to go involved. The importance of enlisting parents and community members as spouses in instruction has been on the head since 1965. In the 1990 ‘s, the U.S. Department of Education and Secretary of Education Richard Riley shined a limelight on school, household, and community partnerships ( Epstein, 2001 ) . Currently, federal Torahs have required school territories to include parents to help in educating the young person of America. The Elementary and Secondary Education Act ( ESEA ) is a United States federal legislative act enacted on April 11, 1965 as an built-in portion of Lyndon B. Johnson ‘s â€Å" War on Poverty †. The passage of the ESEA revolutionized the federal authorities ‘s function in instruction. Prior to the jurisprudence ‘s transition, educational policy-making had been the close sole sphere of province and local authoritiess. The ESEA is the largest individual beginning of federal support for kindergarten through 12th grade instruction. It was the first federal act to apportion money straight to hapless schools, communities, and kids. Although it did non hold a direct connexion with parent and community engagement, this federal act led the manner to turn toing the demand for partnerships outside of the local school system. The Coleman Report, besides known as Equality of Educational Opportunity, was a research survey commissioned by the U. S. Department of Education in conformity with the freshly passed Civil Rights Act of 1964. Coleman ‘s study uncovered the cause of disparity between Black and White schools in America. The paper stated that public instruction did significantly impact the ability of pupils to make their full potency. The Coleman Report besides cited household environment as the significant factor for the successful academic accomplishment among those kids. James Coleman concluded that kids who lacked support or a value of instruction in their place were at a disadvantage and could non larn at the same rate as those pupils emerging from wealthier households valuing educational direction ( Coleman, 1966 ) . In 1975, Congress passed Public Law 94-142 ( Education of All Handicapped Children Act ) . In order to have federal financess, provinces must develop and implement policies that assure a free appropriate public instruction to all kids with disablements. In 1990, Public Law 94-142 was renamed to Persons with Disabilities Education Act ( IDEA ) . IDEA was reauthorized in 1997. IDEA includes cardinal rules to steer households and professionals to work together to heighten the educational chances for their kids. IDEA requires active parent engagement throughout the educational procedure, including the development of the kid ‘s Individualized Educational Program ( IEP ) . The overall end of this jurisprudence is to keep an equal and respectful partnership between schools and households ( The History of IDEA, 2004 ) . A noteworthy impact on parental engagement is a consequence of IDEA by promoting parents to recommend for their kid and to supply input for the class of their kid †˜s instruction. In the 1980s, the U.S. Department of Education every bit good as the National Association of State Boards of Education, along with assorted professional forte associations, took leading functions in developing theoretical accounts of successful parent-school coaction plans ( Berger, 1991 ) . By the 1990s, politicians every bit good as parents were progressively demanding answerability from public instruction and both entities encouraged federal statute law to mandate such answerability. Grolnick and Slowiaczek ( 1994 ) maintained that there was an increasing acknowledgment within development, sociological, and educational theories that both the school and place were critical establishments responsible for the socialisation and instruction of kids. The Elementary and Secondary Education Act of 1965 was reauthorized with the Improving America ‘s Schools Act ( IASA ) of 1994. The focal point of reauthorizing the ESEA was to alter the manner pedagogues deliver direction, promote comprehensive systemic school reform, strengthen answerability, and advance the coordination of resources to better instruction for all kids. The comprehensive school reform in this act was predicated on four cardinal rules: ( a ) high criterions for all pupils, ( B ) better trained instructors to learn to high criterions, ( degree Celsius ) flexibleness to excite local enterprise along with duty for consequences, and ( vitamin D ) advancing partnerships among households, communities, and schools ( National Education Goals Panel, 1995 ) . Although advancing partnerships among households, communities, and schools was a founding rule of the reauthorization of ESEA, Congress did non include a formal end focused on parental engagement until it reauthorization in 1994, when President Bill Clinton signed into jurisprudence the Goals 2000: Educate America Act. This act consisted of eight National Education Goals for the twelvemonth 2000. Goal 8 provinces: â€Å" By the twelvemonth 2000, every school will advance partnerships that will increase parental engagement and engagement in advancing the societal, emotional, and academic growing of kids †( National Education Goals Panel, 1995 ) . Thus the end of parental engagement had changed from the proviso of inactive functions for parents in the 1980s to one of coaction and partnerships between schools and parents in the 1990s. The 2001 reauthorization of the Elementary and Secondary Education Act, entitled the No Child Left Behind Act ( NCLB ) , continues a legislative committedness to parental engagement begun in 1965. Cardinal characteristics of the 1988 and 1994 reauthorizations, such as school-parent compacts, parental engagement policies, and the parental engagement support expression, remain predominately unchanged. However, the 2001 reauthorization represents a noteworthy displacement in the expected function of parental engagement in the schools. It includes new commissariats increasing parental presentment demands, parental choice of educational options, and parental engagement in administration. The new jurisprudence envisions parents non merely as participants, but besides as informed and empowered determination shapers in their kids ‘s instruction ( Northwest Regional Educational Laboratory, 2002 ) . Title I, Section 1118 is entirely devoted to rear engagement. Title I provides the nucleus elements that include many of the other parental engagement commissariats of NCLB. Epstein outlined the four rules characterized by Section 1118: ( 1 ) parental engagement requires multilevel leading, ( 2 ) parental engagement is a constituent of school and schoolroom organisation, ( 3 ) parental engagement recognizes the shared duties of pedagogues and households for kids ‘s acquisition and success in school, and ( 4 ) parent engagement plans must include all households, even those who are non presently involved, non merely the easiest to make ( 2005 ) . The first clip in history of the ESEA, federal jurisprudence contained a definition of parental engagement, which is: the engagement of parents in regular, bipartisan, and meaningful communicating affecting pupil academic acquisition and other school activities including: helping their kid ‘s acquisition ; being actively involved in their kid ‘s instruction at school ; functioning as full spouses in their kid ‘s instruction and being included, as appropriate, in decision-making and on consultative commissions to help in the instruction of their kid ( NCLB, Section 9101.32, 2002 ) . The NCLB confirms the importance of parent engagement. The declared intent of the NCLB legislative act is to â€Å" guarantee that all kids have a just, equal, and important chance to obtain a high-quality instruction and range, at a lower limit, proficiency on disputing State academic accomplishment criterions and province academic appraisals †( U.S. Department of Education, 2001 ) . In a 2006, Appleseed Foundation study entitled â€Å" It Takes a Parent, †parental involvement elements of the NCLB were examined by a pool of 16 province and local organisations, in 18 school territories in six provinces. There were three decisions which emerged from the survey. First, despite federal authorizations and parental engagement research, school territories, and single schools had non wholly encompassed parental engagement as a primary pupil accomplishment scheme. The Appleseed Foundation ( 2006 ) suggested that this deficiency of widespread parental engagement in schools had been the consequence of several causes: The deficiency of clear and meaningful appraisals by which effectual parental engagement policies and plans could be measured. Limited consciousness and preparation on how to affect parents. A conjunct attempt to run into the answerability constituents of NCLB, such as proving and teacher quality, instead than parental engagement ( Appleseed Foundation, 2006 ) . Second, there was still a demand for bing parental engagement authorizations to be to the full understood, supported, and implemented. The Appleseed study ( 2006 ) recommended that province, territory, and school leaders work to implement the Torahs that soon exist. Third, a figure of promising parental engagement patterns and theoretical accounts emerged during the survey. The Appleseed study ( 2006 ) concluded that many parents did non have clear and timely information about their kids and their schools ; that poorness, linguistic communication, and cultural differences are barriers to parental engagement ; and school leaders do non uniformly value that parental engagement as an answerability scheme. Parental engagement continues to be studied by research workers, pedagogues, and parents who understand that parental engagement is an indispensable component in the success of pupils and schools. High accomplishing schools recognize that parents are a necessary constituent of the educational procedure. Schools and instructors are still being encouraged to travel parental engagement policies, plans, and patterns from the side to the head of their accomplishment scheme ( Appleseed, 2006 ) . Twenty-five old ages ago, Missouri pioneered the construct of assisting parents embrace their of import function as their kid ‘s first and best instructor. Today, Parents as Teachers continues to fit early childhood organisations and professionals with information and tools that are relevant-and widely applicable-to today ‘s parents, households and kids. The Parents as Teachers leading squad and Board of Directors is engaged in a three-year strategic program, which places the organisation as a valued spouse to back up the organisations and professionals who serve households and kids, particularly those most vulnerable. The construct for Parents as Teachers was developed in the 1970s when Missouri pedagogues noted that kids were get downing kindergarten with changing degrees of school preparedness. Research showed that greater parent engagement is a critical nexus in the kid ‘s development of larning accomplishments, including reading and authorship. Early on childhood professionals suggested that a plan to supply early sensing of developmental holds and wellness issues, and parent instruction to assist parents understand their function in promoting their kid ‘s development from the beginning could assist better school preparedness and parent engagement. With support from the Missouri Department of Elementary and Secondary Education and The Danforth Foundation, Parents as Teachers began in 1981 in Missouri as a pilot undertaking for first-time parents of neonates. Acknowledging the plan ‘s benefits and cost effectivity, the Missouri legislative assembly provided province support in 1985 to implement Parents as Teachers plans in all Missouri school territories. Since 1985, Parents as Teachers has expanded to all 50 provinces and seven other states ( Parents as Teachers, 2010 ) . The Parent/Family Involvement Resolution was adopted on November 14, 2005, by the Missouri State Board of Education. Within the declaration the Missouri State Board of Education believes that schools must make an environment that is contributing to larning and that strong, comprehensive parent/family engagement is an of import constituent. Parent/family engagement in instruction requires a concerted attempt with functions for the Department of Elementary and Secondary Education, school territories, parents/families, and communities ( Missouri Department of Elementary and Secondary Education, 2005 ) .Parental Involvement ResearchThe common wisdom is that parental engagement and strong schools are inseparable-that you can non hold on without the other. Research indicates a strong nexus between parental engagement and pupil accomplishment ( Hester, 1989 ) . Harmonizing to Vandergrift and Greene ( 1992 ) , parent engagement has two independent constituents: parents as protagonists and pa rents as active spouses. Concentrating on one of these constituents entirely is non a sufficient attack to parental engagement. The ideal is the parent who is both supportive and active. Hester ( 1989 ) discusses parental engagement from the following position: parents as instructors, parents as protagonists of activities, parents as scholars and parents as advocators. Hester besides emphasizes the importance of communicating with parents as an of import portion of engagement. The research on parental engagement in the field of instruction references parents ‘ activities in support of larning at place, in school, and in the community. Joyce Epstein, a taking research worker in the field of parental engagement, identified and studied multiple steps of parental engagement ( Epstein, 1995 ) . As a consequence of this research, Epstein and her co-workers developed a model of six types of engagement with associated activities, challenges, and expected consequences. Rearing: Help all households set up place environments to back up kids as pupils. Communication: Design effectual signifiers of school-to-home and home-to-school communications about school plans and kids ‘s advancement. Volunteering: Recruit and form parent aid and support. Learning At Home: Provide information and thoughts to households about how to assist pupils at place with prep and other curriculum-related activities, determinations, and planning. Decision Devising: Include parents in school determinations, developing parent leaders and representatives. Collaborating With Community: Identify and integrate resources and services from the community to beef up school plans, household patterns, and pupil acquisition and development. There are many grounds for developing school, household and community partnerships. They can better school plans and school clime, provide household services and support and increase parent ‘s accomplishments and leading, connect households with others in the school and in the community and aid instructors with their work. However, the chief ground to make such partnerships is to assist childs win in school and in ulterior life ( Epstein, 1995 ) . The National Parent Teacher Association ( PTA ) Board of Directors ( 1993 ) has endorsed three types of parental engagement: Parents as the first pedagogues in the place, Parents as spouses with the schools, and Parents as advocators for all kids and young person in society. In 1997, the National PTA created and adopted the National Standards for Parent/Family Involvement Programs in support of set uping quality parental engagement plans that enhance pupil acquisition and accomplishment. These criterions were based on Epstein ‘s ( 1987, 1992, 1995 ) theoretical account of parental engagement. As Fan and Chen ( 2001 ) found in their research, rearing manners, as a critical step of parent engagement, have been linked to student public presentation. Fan and Chen examined multiple steps of parent engagement. The research workers identified three concepts of parent engagement: communicating, supervising, and parental outlooks. Communication refers to parents ‘ frequent and systematic treatments with their kids about school assignment. Supervision includes monitoring when pupils return place from school and what they do after school, supervising clip spent on prep. Parental outlooks were found to be the most critical of the three. These include the mode and extent to which parents communicate their academic aspirations to their kids. Fan and Chen found that high outlooks of parents and pupil perceptual experiences of those outlooks are associated with enhanced accomplishment. The research grounds is now beyond difference. When schools work together with households to back up acquisition, kids tend to win non merely in school, but throughout life. In fact, the most accurate forecaster of a pupil ‘s accomplishment in school is non income or societal position, but the extent to which that pupil ‘s household is able to: Make a place environment that encourages larning Express high ( but non unrealistic ) outlooks for their kids ‘s accomplishment and future callings Become involved in their kids ‘s instruction at school and in the community ( Henderson, 1994 ) .Impact of Parental Involvement on Student AchievementParental engagement is perfectly indispensable to student accomplishment in school and in life. The overpowering surveies and research indicate that there are positive academic results stemming from parental engagement with benefits get downing in early childhood throughout adolescence and beyond ( Henderson & A ; Mapp, 2002 ; Patrikakou, Weisberg, Redding & A ; Walberg, 2005 ) . A kid ‘s acquisition is enhanced when schools encourage parents to excite their kids ‘s rational development. Numerous surveies have shown that the place environment has a powerful consequence on what kids and young person learn, non merely in school but outside of school as good. This environment is well more powerful than the parents ‘ income and instruction in act uponing what kids learn in the first six old ages of life and during the twelve old ages of primary and secondary instruction. One major ground that parental influence is so strong, is because the kids spend more than ninety per centum of their clip from babyhood throughout their childhood outside school under the influence of their parents. Therefore, finally the parents are their first and most of import instructor ( Weinstein & A ; Walberg, 1983 ; Peng & A ; Wright, 1994 ) . Epstein ( 1987 ) found that schools besides affect parent engagement degrees and grounds shows that parents want to go involved but are non allowed to hold unfastened communicating with the school. Conventional avenues for affecting parents in school can be closed to parents due to specific cultural cognition. Parents have a batch of trouble accommodating to the school civilization particularly in non English speech production communities, but cultural cognition is power and it can forestall parents from take parting to the full. Sheldon ( 2002 ) highlighted minimum resources parents get through societal webs as one ground parents are less involved in their kids ‘s instruction. Eccles and Harold ( 1993 ) found that less educated parents switch their attending off from school because they feel unequal to assist their kids with their prep. Henderson has examined the effects of parental engagement and pupil success since 1981. Her initial study, â€Å" The Evidence Grows †documented 35 surveies that showed important, measureable benefits for kids as a consequence of parental engagement. ‘When parents become involved in the kids ‘s schooling, they promote the development of attitudes that are a cardinal to academic accomplishment, attitudes that promote household interaction instead that its societal category or income. If schools treat parents as powerless or unimportant, or if they discourage parents from going involved, they promote the development of attitudes in parents, and accordingly their kids, that inhibit accomplishment ( Henderson, 1981 ) ‘ .
Wednesday, October 23, 2019
Journeys Speech
To complete any Journey one must take risks and overcome obstacles. Inner or physiological Journeys are Journeys of the mind which when traveled can increase one's knowledge and sense of fulfillment. This type of Journey is explored in both Robert Frost's â€Å"The Road not Taken†and Gabriele Musician's film â€Å"The Pursuit of Happiness. †In Frost's poem the idea of decision-making is explored through the use of the extended metaphor of the two roads, â€Å"Two roads diverge in a yellow wood, And sorry I could not travel both.Frost uses this extended metaphor to illustrate that Journeys involves choices we have to make and like the split path in the woods the choice we do end up making will shape the next part of our lives. The two road are also contrasted, one said to be â€Å"having better claim†and â€Å"wanting wear. â€Å"Frost indicates here that taking the path less traveled or the riskier path has â€Å"made all the difference†and therefor e delineates the fact that although we face obstacles such as these difficult decisions in our own Journeys, when we overcome them we increase our knowledge and our self-worth.Another technique used by Frost is that of first person, which enables the audience to be included in the decisions Just as he, himself was, â€Å"Two roads diverged in a wood and I – I took the one less traveled by. †Here Frost shows his inner Journey Through his thoughts and thinks, at the caesura, about the path he has taken. Although Frost is happy with the path he took there is still a bit of regret as he will never know what would have happened if he took the other path. Musician's film â€Å"The Pursuit of Happiness†portrays the concept of an inner Journey through its protagonist Chris Gardener.A defining moment in Chrism's Journey is when he passes by a stock broking firm and learns of an internship which he'd like. In this scene Nuncio uses calm uplifting music to symbolism the opportunity which has arrived Chrism's Journey. A viceroy accompanies this scene where Chris says, â€Å"They all looked so damn happy, why couldn't I look like that. †Although over 500 applicants plied for the internship and only 20 get in Chris decides to take a risk by applying and in doing so misses the opportunity to sell his bone density scanner which would have been used to pay the rent.When Chris takes the risk of becoming an intern and later becomes a stockbroker he had to overcome many problems such as homelessness, unemployment and being a single parent but in overcoming these obstacles, he gained a sense of identity and became fulfilled. Nuncio also uses the cinematic technique of close ups to show the difficulty of risks. When Chris finds out that his internship is unpaid the camera closes in straight onto Chrism's face and all music suddenly stops.This is very effective in showing an obstacle in Chrism's Journey. Again, like Frost's poem, this adds to the idea of decision making and risk taking and thereby enhances the audience's perception of the characters' Journey. Both of these texts are affective in their uses of techniques to express the concept of effective technique as it allowed the audience to see how difficult decisions in a Rooney are made and gives an insight to what and how the character feels about this decision.Frost's poem, I believe, is open to so many different readings that may add to a responder's confusion. In studying the concepts of Journeys through my two chosen texts I have extended my knowledge and found out that Journeys involve risks and obstacles, however, if you overcome these aspects you become a better person. As David Viscose said, â€Å"If your life is ever going to get better, you'll have to take risks. There is simply no way you can grow without taking chances. â€Å"
Tuesday, October 22, 2019
The eNotes Blog This Is Not My Hat Wins the 2013 CaldecottMedal
This Is Not My Hat Wins the 2013 CaldecottMedal A couple of years ago, I was going about my Sunday chores and listening to NPRs Weekend Edition with Scott Simon.  A writer of childrens books myself and a lover of childrens literature in general, my ears always perk up when Daniel Pinkwater comes on the show to discuss a new childrens book.  The one he selected for this program was I Want My Hat Back by Jon Klassen. I was captivated by the deceptively simple story and delighted in Simon and Pinkwaters animated reading of the book and their descriptions of Klaussens illustrations.  It seemed to me to strike the right balance of humor and a bit of angst, just right for the 4-to-8 year old set.  (You can listen to that broadcast here.) Of course, I wasnt alone in my delight. Klaussens book went on to become a #1 New York Times bestseller, winning a place on its list of Best Books of 2011, and also nabbing the Theodore Geisel Honor (Dr. Seuss) that same year as well. This year, Klaussen followed his runaway hit with This Is Not My Hat, and again found popular and critical success, ultimately winning the Caldecott Award, the highest honor for an illustrated childrens book.  In this story, a tiny fish comes upon a round top hat which fits him perfectlyand all will be well, unless the enormous fish to whom it belongs wakes up. Hats and childrens books have a long history.  Here are some examples which you might also recall fondly: Curious George (Original Edition) by H.A. Rey Caps for Sale by Esphyr Slobodkina Madeline and the Bad Hat by Ludwig Bemelmans Go, Dog, Go! by P.D. Eastman
Monday, October 21, 2019
The Spanish Armada of the Anglo-Spanish War
The Spanish Armada of the Anglo-Spanish War The battles of the Spanish Armada were part of the undeclared Anglo-Spanish War between Queen Elizabeth I of England and King Philip II of Spain. The Spanish Armada was first sighted off The Lizard on July 19, 1588. Sporadic fighting occurred over the next two weeks with the largest English attack coming on August 8, 1588, off Gravelines, Flanders. After the battle, the English pursued the Armada until August 12, 1588, when both fleets were off the Firth of Forth. Commanders and Armies England Lord Charles Howard of EffinghamSir John HawkinsSir Francis Drake35 warships, 163 armed merchant vessels Spain Duke of Medina Sedonia22 galleons, 108 armed merchant vessels The Armada Forms Built on the orders of King Philip II of Spain, the Armada was meant to sweep the seas around the British Isles and permit the Duke of Parma to cross the Channel with an army to invade ​England. This endeavor was intended to subdue England, end English support for the Dutch resistance to Spanish rule, and to reverse the Protestant Reformation in England. Sailing from Lisbon on May 28, 1588, the Armada was commanded by the Duke of Medina Sedonia. A naval novice, Medina Sedonia was assigned to the fleet following the death of veteran commander Alvaro de Bazan a few months earlier. Due to the size of the fleet, the last ship did not clear port until May 30, 1588. Early Encounters As the Armada put to sea, the English fleet was gathered in Plymouth awaiting news of the Spanish. On July 19, 1855, the Spanish fleet was sighted off The Lizard at the western entrance to the English Channel. Putting to sea, the English fleet shadowed the Spanish fleet, while remaining upwind to retain the weather gage. Proceeding up the Channel, Medina Sedonia had the Armada form a tightly packed, crescent-shaped formation that would allow for the ships to mutually defend one another. Over the next week, the two fleets fought two skirmishes off Eddystone and Portland, in which the English explored the Armada’s strengths and weaknesses, but were unable to break its formation. Fireships Off the Isle of Wight, the English launched an all-out assault on the Armada, with Sir Francis Drake leading the largest contingent of attacking ships. While the English enjoyed initial success, Medina Sedonia was able to reinforce those parts of the fleet that were in danger and the Armada was able to maintain formation. Though the attack had failed to scatter the Armada, it prevented Medina Sedonia from using the Isle of Wight as an anchorage and forced the Spanish to continue up the Channel without any news of Parma’s readiness. On July 27, the Armada anchored at Calais, and attempted to contact Parma’s forces at nearby Dunkirk. At midnight on July 28, the English ignited eight fireships and sent them downwind towards the Armada. Afraid that the fireships would set the ships of the Armada on fire, many of the Spanish captains cut their anchor cables and scattered. Though only one Spanish ship was burned, the English had achieved their goal of breaking up Medina Sedon ia’s fleet. The Battle of Gravelines In the wake of the fireship attack, Medina Sedonia attempted to reform the Armada off Gravelines as the rising south-westerly wind prevented a return to Calais. As the Armada concentrated, Medina Sedonia received word from Parma that another six days were required to bring his troops to the coast for the crossing to England. On August 8, as the Spanish rode at anchor off Gravelines, the English returned in force. Sailing smaller, faster, and more maneuverable ships, the English utilized the weather gauge and long-range gunnery to pummel the Spanish. This approach worked to the English advantage as the preferred Spanish tactic called for one broadside and then an attempt to board. The Spanish were further hampered by a lack of gunnery training and correct ammunition for their guns. During the fighting at Gravelines, eleven Spanish ships were sunk or badly damaged, while the English escaped largely unscathed. Spanish Retreat On August 9, 1855, with his fleet damaged and the wind backing to the south, Medina Sedonia abandoned the invasion plan and charted a course for Spain. Leading the Armada north, he intended to circle around the British Isles and return home through the Atlantic. The English pursued the Armada as far north as the Firth of Forth before returning home. As the Armada reached the latitude of Ireland, it encountered a large hurricane. Hammered by the wind and sea, at least 24 ships were driven ashore on the Irish coast where many of the survivors were killed by Elizabeth’s troops. The storm, referred to as the Protestant Wind was seen as a sign that God supported the Reformation and many commemorative medals were struck with the inscription He Blew with His Winds, and They Were Scattered. Aftermath Impact Over the following weeks, 67 of Medina Sedonia’s ships straggled into port, many badly damaged with starving crews. In the course of the campaign, the Spanish lost approximately 50 ships and over 5,000 men, though most of the ships sunk were converted merchantmen and not ships from the Spanish Navy. The English suffered around 50-100 killed and around 400 wounded. Long considered one of England’s greatest victories, the defeat of the Armada temporarily ended the threat of invasion as well as aided in securing the English Reformation and allowed Elizabeth to continue supporting the Dutch in their struggle against the Spanish. The Anglo-Spanish War would continue until 1603, with the Spanish generally getting the better of the English, but never again attempting to mount an invasion of England. Elizabeth at Tilbury The campaign of the Spanish Armada provided Elizabeth with the opportunity to deliver what is considered one of the finest speeches of her long reign. On August 8, as her fleet was sailing into battle at Gravelines, Elizabeth addressed Robert Dudley, Earl of Leicester’s troops at their camp on the Thames estuary at West Tilbury: I have come amongst you as you see, at this time, not for my recreation and disport, but being resolved in the midst and heat of battle to live and die amongst you all, to lay down for my God and for my kingdom, and for my people, my honour and my blood, even in the dust. I know I have the body of a weak and feeble woman, but I have the heart and stomach of a king, and a king of England too. And think foul scorn that Parma or Spain, or any Prince of Europe, should dare to invade the borders of my realm!
Sunday, October 20, 2019
Biography of California Senator Kamala Harris
Biography of California Senator Kamala Harris Kamala Harris was born October 20, 1964, to a black Stanford University professor and a Tamil Indian physician mother. Harris became the first California attorney general with African American or South Asian ancestry after defeating Republican rival Steve Cooley in the 2010 election for the position. Harris, formerly San Franciscos district attorney, is also the first woman to serve in the role. Kamala Harris announced she was running for president in 2020 on Martin Luther King, Jr. Day, 2019. Fast Facts: Kamala Harris Name: Kamala Devi HarrisBorn: October 20, 1964, in Oakland, CAKnown For: Junior Senator from California; sits on Senate Budget, Homeland Security and Governmental Affairs, Judiciary, and Intelligence committees. First woman, African-American, and South Asian district attorney in San Francisco. First California Attorney General with African-American or South Asian ancestry.Education: Howard University, Hastings College of the LawDistinctions and Awards: Named one of Californias top 75 women litigators by the legal paper The Daily Journal and a Woman of Power by the National Urban League. Awarded Thurgood Marshall Award by National Black Prosecutors Association. Named Rodel Fellow by the Aspen Institute. On the board of the California District Attorneys Association. Early Life and Education Kamala Devi Harris was raised in San Franciscos East Bay, where she attended public schools, worshipped at black churches, and lived in predominantly African-American communities. Her immersion in African-American culture didnt prevent her from being exposed to Indian culture, however. Her mother took Harris to Hindu temples to worship. Moreover, Harris is no stranger to India, having visited the subcontinent on several occasions to see relatives. Her bicultural heritage and travels around the globe have inspired political insiders to compare her with President Barack Obama. While Obama sometimes struggled with identity issues, as he describes in his memoir Dreams from My Father, Harris evidently didnt experience growing pains in this vein. Harris attended high school in Quebec, where she moved with her mother following her parents divorce. After graduation, Harris attended Howard University, a historically black academic institution. She earned a bachelors degree from Howard in 1986 and then returned to the bay area in northern California. Upon her return, she enrolled at Hastings College of the Law, where she earned a law degree. Following that accomplishment, Harris proceeded to leave her mark on the legal arena of San Francisco. Career Highlights Law degree in tow, Harris began prosecuting murder, robbery, and child rape cases as deputy district attorney for the Alameda County District Attorneys Office, serving as a prosecutor from 1990 to 1998. Then, as managing attorney of the Career Criminal Unit of the San Francisco District Attorneys Office, a position she filled from 1998 to 2000, Harris prosecuted cases involving serial felons. Later, she headed the San Francisco City Attorneys Division on Families and Children for three years. But it was in 2003 that Harris would make history. At the years end, she was elected as the San Francisco district attorney, becoming the first female, black, and South Asian person to achieve this feat. In November 2007, voters re-elected her to the office. During her 20 years as a prosecutor, Harris has shaped an identity for herself as being tough on crime. She prides herself on doubling trial conviction rates for gun felonies to 90 percent as San Franciscos top cop. Also, with Harris as head, the San Francisco District Attorneys office increased the percentage of dangerous criminals sentenced to prison by more than half. But serious crime wasnt Harris only focus. She also tripled the number of misdemeanor cases sent to trial and prosecuted the parents of truant children, which helped slash the truancy rate by 23 percent. Controversy The San Francisco District Attorneys Office found itself under fire in early 2010 when it came to light that Deborah Madden, a drug lab technician for the city police, confessed to removing cocaine from evidence samples. Her admission resulted in the police labs testing unit closing and pending drug cases being dismissed. The police department also had to investigate cases already prosecuted due to Maddens admission of evidence tampering. During the scandal, it was asserted that the District Attorneys Office knew of Maddens evidence tampering. However, it remains unclear what information the district attorney knew about Madden and when Harris learned of the techs improprieties. The San Francisco Examiner has alleged that the District Attorneys Office knew of the situation months before the public was told of the controversy and before the police chief himself learned of the news. Endorsements and Honors Harris won endorsements from Californias political elite while campaigning for Attorney General, including Senator Diane Feinstein, Congresswoman Maxine Waters, California Lieutenant Governor Gavin Newsom, and former Los Angeles Mayor Antonio Villaraigosa. On the national stage, Harris had the backing of former U.S. Speaker of the House Nancy Pelosi. Leaders in law enforcement also endorsed Harris, including the then-police chiefs of San Diego and San Francisco. Harris has also won numerous honors, including being named one of Californias top 75 women litigators by the legal paper The Daily Journal and as a Woman of Power by the National Urban League. Additionally, the National Black Prosecutors Association gave Harris the Thurgood Marshall Award and the Aspen Institute chose her to serve as a Rodel Fellow. Lastly, the California District Attorneys Association elected her to its board. Senator Harris In January 2015, Kamala Harris announced her bid for the U.S. Senate. She defeated her opponent Loretta Sanchez to become the second woman of African or Asian descent to hold such a position. As a junior Senator from California, Harris sits on the Senate Budget, Homeland Security and Governmental Affairs, Judiciary, and Intelligence Committees. In 2017, she introduced 13 bills and resolutions, the majority dealing with public lands and natural resources, crime and law enforcement, and immigration. Member of the Resistance Harris is an outspoken advocate for immigrant and women’s rights, and a proud member of the resistance against Donald Trumps presidency. Speaking at the Women’s March in Washington, D.C., on January 21, 2017, the day after Trump was sworn into office, Harris called his inaugural address a â€Å"dark†message. Seven days later, she criticized his executive order barring citizens from terror-prone countries entry to the U.S. for 90 days, deeming it a â€Å"Muslim ban.†On June 7, 2017, during a Senate Intelligence Committee hearing, Harris put some tough questions to Rod Rosenstein, the Deputy Attorney General, over the role he played in the May 2017 firing of FBI director James Comey. As a result, Senators John McCain and Richard Burr admonished her for not being more respectful. Six days later, Harris was again taken to task by McCain and Burr for her hardline questioning of Jeff Sessions. Other Democratic members of the committee pointed out that their own questions had been similarly tough, yet Harris was the only member who received reprimands. The media got wind of the incidents and promptly leveled accusations of sexism and racism against McCain and Burr. Sources Hafalia, Liz. Judge rips Harris office for hiding problems. San Francisco Chronicle, May 21, 2010. Herb, Jeremy. Senators try to quiet Harris, but she doesnt back down. CNN, June 7, 2017. Herndon, Astead W. Kamala Harris Declares Candidacy, Evoking King and Joining Diverse Field. The New York Times, January 21, 2019.
Saturday, October 19, 2019
The Principle of Legality Essay Example | Topics and Well Written Essays - 1000 words
The Principle of Legality - Essay Example Such an integrated supply chain would be especially effective if it is designed after the market knowledge is taken into consideration and the decoupling point is properly determined. The principle of legality is based upon the premise that two different kinds of initiatives can be successfully combined in improving the efficiency of the supply chain and making the agile supply chain a reality. One of these aspects is postponement and the other is information decoupling, and Naylor et al (2000) have argued that these two can be combined into a liability or the combination of both agility as well as lean capabilities into one supply chain. Agility is defined as â€Å"using market knowledge and a virtual corporation†in order to be able to exploit the most profitable opportunities within a volatile marketplace. Leanness, on the other hand, refers to the development of a value supply chain stream that ensures that all kind of waste, including any waste of time, are all eliminated.(Naylor et al, 2000:108). The supply chain is defined as a â€Å"system whose constituent parts include material suppliers, production facilities, distribution services and customers†, all of whom are linked together in a cycle where there is a forward flow of materials and a backward flow of feedback. The decoupling point is the one that separates that part of the supply chain that is oriented towards the generation of customer orders from that part which is based on planning. (Naylor et al, 2000:108) Naylor et al (2000) also point out that agile manufacturing is the best suited to meet a market situation where there is fluctuating demand, while lean manufacturing, on the other hand, requires a level schedule but when these two elements are combined with the market knowledge taken into consideration, the decoupling point can be positioned correctly. The legality approach therefore essentially attempts to incorporate lean production methods while also adapting to a fluctuating market. Â
Organisational Analysis Essay Example | Topics and Well Written Essays - 2000 words - 3
Organisational Analysis - Essay Example She meets with an accident, after which she asks Ed Masry, a lawyer to sue the person who hit her. Ed promises her to win the case, but as the only evidence is that of the testimony of Erin herself, the twice-divorced, unemployed single mother stands no chance against a socially respected doctor. In her desperation to find a job, she accuses Ed Masry of failing her and forces him to give a clerk’s job in his own office. Though she lacks the necessary skills and prior experience, she goes about picking her way through the job. While filing papers one day, she comes across a real estate case in Hinkley. What grabs her attention is the fact that there are medical records of the Jensens family amidst the various real estate papers. Taking the permission from Ed to dig further, she goes to Hinkley to meet the family. Her investigations unfold a large conspiracy by the billion dollar company PG&E. The company has been knowingly polluting the area around Hinkley by leaking a toxic chemical called Hexavalent Chromium into the underground water, which causes serious ailments like Cancer. To cover this up, the company had offered to buy the land around Hinkley, thereby resulting in the real estate case of Jensens. It soon becomes apparent to Erin that not just their client, but most of Hinkley’s residents are being affected by Hexavalent Chromium in one way or the other. Erin goes on to persuade Ed and the rest of the neighborhood to take on the mighty corporation through a legal suit. Her determined fight to win the â€Å"largest settlement ever paid in a direct-action lawsuit†, forms the rest of the story. (Litoff 2011). Although the protagonist is not a typical employee nor does the story evolve around a big time organization, it is a story that is based on reality and has all the elements of an organizational life – individual goals and aspirations, social, cultural
Friday, October 18, 2019
Contemporary Retailing Essay Example | Topics and Well Written Essays - 2000 words
Contemporary Retailing - Essay Example Contemporary Retailing The question outlines about the approach of the retailers which has undergone a radical shift in the last 30 years. The question of discussion in this context will be how retailers have moved from being market – driven company to a market driving company. This shift has been termed as growth by various industry experts and practitioners around the world. The study will therefore mainly discuss about the factors that led to this drastic change and growth of the retailers. In addition, the potential implication of the same will be evaluated in the context of current market scenario. Before getting into deep, the study will throw light on the differences between the concepts of ‘market driven’ and ‘market-driving’. There are drastic differences between the two concepts; a company which is market driven mainly reacts to the need of the customers. These companies generally bring the changes in their system on the basis of the changes in consumer dynamics. On the contrary, companies which are deemed as market driving are more future oriented and have better ability to envisage the future. These companies constantly come up with new products and services and surprises customers with their innovative offerings. Now the statement which will be evaluated is ‘retailers have moved from being ‘market-driven’ to being ‘market-driving’ in that their power has increased significantly in the last 30 years’.... The question of discussion in this context will be how retailers have moved from being market – driven company to a market driving company. This shift has been termed as growth by various industry experts and practitioners around the world. The study will therefore mainly discuss about the factors that led to this drastic change and growth of the retailers. In addition, the potential implication of the same will be evaluated in the context of current market scenario. Before getting into deep, the study will throw light on the differences between the concepts of ‘market driven’ and ‘market-driving’. There are drastic differences between the two concepts; a company which is market driven mainly reacts to the need of the customers. These companies generally bring the changes in their system on the basis of the changes in consumer dynamics. On the contrary, companies which are deemed as market driving are more future oriented and have better ability to en visage the future. These companies constantly come up with new products and services and surprises customers with their innovative offerings. Now the statement which will be evaluated is ‘retailers have moved from being ‘market-driven’ to being ‘market-driving’ in that their power has increased significantly in the last 30 years’. The market driving approach has allowed them to experience the competitive edge as well as increased power (Bhasker, 2006). This is because the dependence on consumer preferences has greatly reduced as with constant innovation they are actually creating and changing the preferences of the consumers. On the contrary, a retailer which pursued market driven
Unknown and Undiluted Titration Date Essay Example | Topics and Well Written Essays - 500 words - 6
Unknown and Undiluted Titration Date - Essay Example Furthermore, the concentration of Cca2+ is again subtracted from all the total concentration, in addition, the Mg2+ concentration is 0.0227+-0.005M after calculation. After Na2H2EDTA.2H2O is prepared and goes in contamination by water in 0.3 percentage the standard solution has to be corrected. Here below are the equations that analyses and further determines the EDTA solution concentration. Mass without impurity is the mass corrected and the mass actual is the dried chelating agent; EDTA concentration bears the name as CEDTA; the initial MW represents molecular weight, and the volume of the solution (500 ml) is V solution. Propagation of the errors calculates the uncertainty. The balance of uncertainty is +- 0.0001g and that of volumetric flask’s uncertainty is +-0.15 ml. the standard relative deviation is initialized by SRD. Calculation of results is in tabulation in the table. Results show that both relative derivation volume and relative derivation balance is +-0.0003.Moreso, after calculating using the values above EDTA concentration solution is 0.0018+-0.0004M. 1.00ml Ca/Mg solution in the spike is contained in the blank titration, Ph 10 buffer solution, water in conjunction with the indicator. From all the titration, the data in trial one from all the titrations undergoes nullification due to it being carried out hastily. Additional of 1.00ml in dilution of the unknown sample to the blank titration is put in a performance. The equation below is used to calculate V total: Both the standard deviation and the mean of part one and part two titrations are as follows and in illustration in table 4.Concentration of Mg2+ and Ca2+ can be identified from the values in the unknown sample.Â
Thursday, October 17, 2019
Western Civilization Essay Example | Topics and Well Written Essays - 500 words - 2
Western Civilization - Essay Example In reference to the creation of the universe and the formation of galaxies which are found to have taken place under a great deal of time and evolution, one must figure how indispensable a â€Å"first cause†is for according to Aquinas, an infinite series of causes is not possible. Though the universe seems infinite in space with unfathomable mysteries left to be explored, it has its beginning and thus, a cause which is itself not subject to a prerequisite of a separate cause. This proof serves a link and support to the fourth proof which accounts for the statement that God is the â€Å"greatest being†. Scientific efforts have heretofore shown evidence of how vast the immeasurable universe is and that our solar system is merely comprised in the Milky Way galaxy out of the hundreds of billions of galaxies known so far and this fact certainly leads us to imagine how astonishingly immense the Maker is of all these already colossal things. By the fifth proof, the saint argues â€Å"whatever acts for an end must be directed by an intelligent being.†Gravitational pull or force of gravity, as majority are fully aware of, keeps everything in place and puts the universe in perfect order as if it has originated from a thinking source that knows how to calculate, premeditate, and discern the heart of nature with remarkable sensibility. Looking at the symmetry widely present throughout creation within and beyond earth, it is rather difficult to deny that something or someone intelligent is responsible for the orderly structure and state of equilibrium. Otherwise, neither this world nor the overly extensive dimension it is a part of would have survived if it were to emerge from chances at random instead of through God’s intelligence by which logic and beauty alike are preserved. At this stage, it makes all the more sense to declare the third proof with conviction that God, indeed, is
Insolvency Law and Capitalism Essay Example | Topics and Well Written Essays - 1000 words
Insolvency Law and Capitalism - Essay Example Capitalism is a form of economic organization, whose main goal is to make profits. In order to achieve this, and sustain the capitalist system, capitalists must carry on the entrepreneurial spirit and continuously involve themselves in investing and re-investing capital into the economy (Schumpeter, 405-6). However, with limited capital, they must resort to other ways of financing their endeavors. One such way is through borrowed money. As Joseph Schumpeter writes, " . . . [C]apitalism is that form of private property economy in which innovations are carried out by means of borrowed money . . . " (179). Consequently, most business endeavors begin with debts. However, with the existence of risks and uncertainties present in investments such as competition, accidents, or even problems caused by financial crises, business failures and bankruptcies, which are usually followed by disputes over a company or individual's financial arrangements, become commonplace. Such occurrences threaten the very fuel that drives capitalism: it threatens the value of a business' much needed capital and it threatens the smooth flow of economic activity. In order to avoid such problems, institutions were built in the form of insolvency laws. Insolvency laws facilitate the liquidation of assets or possible reorganization of a bankrupt firm. It is meant to ensure that the process is smoothly executed, avoiding and solving conflicts, salvaging the company's capital, ensuring that all involved parties are treated fairly, and avoiding as much distortions in the economy as possible (Industry Canada). Thus, insolvency laws play a crucial role in the capitalist economy - it keeps valuable capital safe and it resolves conflicts, which are detrimental to continuous economic activity. Aside from its role in the liquidation of assets, insolvency laws also provide capitalism a crucial benefit - it keeps the "entrepreneurial spirit" alive. According to Schumpeter, entrepreneurs are crucial to a capitalist society because "without entrepreneurial achievement, no capitalist returns . . . " (405-6), and consequently, no capitalism. However, the possibility of bankruptcy, or the legal and economic burdens that plague bankrupt businessmen, poses a great deterrent for entrepreneurs to engage in economic activity because of the high risks involved. Insolvency laws solve this problem by providing not only protection for entrepreneurs in the face of bankruptcy, but also the possibility of "economic rebirth" - freedom from the clutches of bankruptcy and c chance to start anew - for bankrupt proprietors. Hence, in sustaining the capitalist system, insolvency laws become a necessary institution among capitalist societies. Unfortunately, it became a necessary evil as well because while sustaining capitalism, it created further problems that complicate the economic and social conditions within a society. As Edward J. Balleisen writes in his book "Navigating Failure," the American response to bankruptcy, in the form of insolvency law, has created two opposing elements in American capitalist society - the risk taking culture of capital entrepreneurs and the reluctant attitude of wage-earning laborers towards them (21). Before the existence of insolvency laws, entrepreneurs
Wednesday, October 16, 2019
Western Civilization Essay Example | Topics and Well Written Essays - 500 words - 2
Western Civilization - Essay Example In reference to the creation of the universe and the formation of galaxies which are found to have taken place under a great deal of time and evolution, one must figure how indispensable a â€Å"first cause†is for according to Aquinas, an infinite series of causes is not possible. Though the universe seems infinite in space with unfathomable mysteries left to be explored, it has its beginning and thus, a cause which is itself not subject to a prerequisite of a separate cause. This proof serves a link and support to the fourth proof which accounts for the statement that God is the â€Å"greatest being†. Scientific efforts have heretofore shown evidence of how vast the immeasurable universe is and that our solar system is merely comprised in the Milky Way galaxy out of the hundreds of billions of galaxies known so far and this fact certainly leads us to imagine how astonishingly immense the Maker is of all these already colossal things. By the fifth proof, the saint argues â€Å"whatever acts for an end must be directed by an intelligent being.†Gravitational pull or force of gravity, as majority are fully aware of, keeps everything in place and puts the universe in perfect order as if it has originated from a thinking source that knows how to calculate, premeditate, and discern the heart of nature with remarkable sensibility. Looking at the symmetry widely present throughout creation within and beyond earth, it is rather difficult to deny that something or someone intelligent is responsible for the orderly structure and state of equilibrium. Otherwise, neither this world nor the overly extensive dimension it is a part of would have survived if it were to emerge from chances at random instead of through God’s intelligence by which logic and beauty alike are preserved. At this stage, it makes all the more sense to declare the third proof with conviction that God, indeed, is
Tuesday, October 15, 2019
Impact of Cultural Dimensions on Worldviews Essay
Impact of Cultural Dimensions on Worldviews - Essay Example For example, it’s common for men to be regarded as stronger than women. This is based on the average figures but not necessarily true when it comes to individual basis. From these characteristics of the different patterns, there are gender roles and people doing them may feel the assigning is based on a particular associated trait or observation. Similarly, different family structures are patterns in the social world. From these patterns, ideas emerge in relation to the upbringing of the people of these patterns and how it is probable to affect them or position them. The different family structures present an element of comparison into what differentiates people from those family structures. For instance, different family structures emphasize responsibility with carrying strictness. The issue of children out of wedlock emerges on a large scale if for a particular group, responsibility is not emphasized. The manner of solving goals or achieving for people with different ideas and experiences is a sensitive issue. Schwalbe (2005) asserts that persons with different ideas and experiences are likely to make incomplete and selective judgment about others in a different pattern. This is where we see racism at its peak and police brutality towards certain groups that have been stereotyped. Reaching a point of compromise is hard as members of a pattern firmly cling to what they practice as the right course. This seems to be a typical scenario affecting the social world. These people need sociological mindfulness to handle the problems between them as well as achieve goals (Schwalbe,
Monday, October 14, 2019
Rhetorical Analysis of Jfk Inaugural Speech Essay Example for Free
Rhetorical Analysis of Jfk Inaugural Speech Essay In early 1961, the United States of America was enduring racial tensions and inequalities on the home-front, as well as waging war against Communism and the Cold War internationally. Chaos and fear had penetrated the minds of the American people because the Cold War was near its pinnacle; the American people longed for a strong, reassuring leader. John F. Kennedy provided that reassurance in his Inaugural Address. Taking the current national and international turmoil into account, Kennedy sought to persuade the Nations people to Join in his efforts and unify together in order to achieve peace. The inaugural address is saturated with rhetorical strategies seeking to flatter the American People and utilizes words of encouragement to evoke unification. Kennedy was able to effectively establish a profound kairotic moment at which his discourse can make the most difference or have the most influence. The speech persuades the American people by providing motivating propositions through appeals to ethos, logos and pathos. Kennedys inaugural address plays to an irrefutably persuading rhythm. Strong, motivational verbs are Joined with sophisticated adjectives in a manner that would make the most nane speech capable of swaying an entire population. In order to capture the minds of the American people, Kennedy begins with an antithesis, calling his victory, a celebration of freedom-symbolizing an end, as well as a beginning. This statement is to ensure the people that they are embarking in a new era of reform and peace, the end of turmoil, and the beginning of prosperous tranquility. Similar to the Declaration of Independence, Kennedys speech emphasizes the unification of the country through the use of parallelism and Juxtaposition. Kennedy appeals to his udiences ethos through visions of freedom and American values. He does this through the Juxtaposition of freedom from the tyranny of man and the reliance of God to provide such freedom. By utilizing a quote from Isaiah, .. to undo heavy burdens and let the oppressed go free, Kennedy persuades all who listen to pursue freedom because it is both their God given right and their patriotic duty. Kennedy emphasizes his argument for patriotic unification by effectively using anaphora to break his pledges and propositions into segments. The repetition of declarative lements exemplifies his pledge that he will continue to pursue peace and encourage action. He declares, to those new states whom we welcome to the ranks of the free, and, to those peoples in huts and villages across the globe in order to evokes nationalistic feelings through the appeal to pathos. This pledge of calm persuasiveness exemplifies his stasis of remaining strong and unified amongst the division of tyranny. Kennedys choice of such language caused his audience to find it hard to disagree with such an amiable stance. He stated, United, there is little e cannot do in a host of co-operative ventures. Divided, there is little we can do, for we dare not meet a powerful challenge at odds and split asunder. This statement exemplifies the importance of international and national unification. Due to the Cold War, Kennedy is extremely intent on bringing liberty to the world much more than protecting the liberties already present. However, it is evident that there was an underlying fear in his pledge; almost a plea to advisories for union and non violent where disagreeing with him would seem unpatriotic and weak, In your hands, my ellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty. The graves of young Americans who answered the call to service surround the globe. Kennedy chose words such as, national loyalty, in order to evoke an appeal to ethos and logos and graves of young Americans to appeal to their pathos. He points to the resiliency of the United States and the need for the people to continue to support the ideals of freedom that ave seemed forgotten. The people were challenged to Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe, to assure the survival and the success of liberty. Kennedy successfully appeals to the pathos and ethos of the audience in order to establish his views of the inane strength and duty within all Americans. In the conclusion of his speech, Kennedy cleverly positions one of the most memorable quotes of history. While the audience is full of excitement and atriotic duty because of his previous statement calling for strength and faith, he pauses for a moment and states And so, my fellow Americans, ask not what you r country can do for you; ask what you can do for your country. This statement attenuates itself to the rhetorical instrument of kairos because the placement and the time in which Kennedy chose to speak the words provided its long lasting impact. The influence of this statement has persuading many Americans to act upon their own stasis and exemplify true freedom and strength for their country.
Sunday, October 13, 2019
Analysis of the Bosman Case
Analysis of the Bosman Case The decision of the ECJ in the Bosman case[1] had an extremely significant impact on professional sports within the European Union. As has been pointed out by a number of commentators the decision in Bosman led to an overhaul of the existing transfer rules of club football within Europe. It also had a wider impact on professional sports as a whole as the post-Bosman period witnessed a significant influx of migration of professional athletes within the EU.[2] Within the EU, sport has assumed a special status and forms an integral part of European identity and its culture. The European parliament has coined the term specifity of sports to address the interaction of Community law in the sporting arena and the extent of such an interaction.[3] This interface between sports and community law was first addressed in Welgrave and Koch v Union Cycliste Internationale[4] followed closely by another decision in the case of Dond v Motero.[5] Almost twenty years down the line came the decision in Bosman which clearly elucidated the role of Community law within the sporting arena and in the process reaffirmed and elaborated upon some of the principles discussed in the two above mentioned decisions. The controversy around the Bosman decision stems from the fact that it put an end to the existing transfer process in European football by abolishing player transfer fee system and creating free agency for European footballers. It also brought an end to the existing UEFA Non-National rules. Both the above regulations followed by European clubs were tested against the Community provisions aimed at protection of labour rights and were found wanting. The transfer rules as well as the nationality rule was found to be violative of Article 48 of the Community treaty safeguarding against free movement of labour as well as anti-discriminatory treatment of workers. The significance of the Bosman judgment lies in the fact that it managed to make a significant contribution to the corpus of labour law by emphatically reinstating that sportspersons rights were protected within Community law and also laid down the framework for subsequent judgments which further established the labour rights of pr ofessional sportspersons. The paper will first explain in brief the background in which the Bosman judgment arose. Then paper will delve into the intricacies of the judgment along with some of the most persuasive arguments raised by the parties to the dispute. Then judgment of the court along with the reasoning behind the judgment will be explored. At the outset it has to be mentioned that the paper will only address the issues of transfer rules and nationalily rules which were evaluated on the anvil of Article 48. The ancillary issue of related to Article 85 and Article 86 of the Community treaty would not be addressed. In the next section the paper will explore the extent to which the judgment in Bosmans case contributed in settling the law related to free movement and non discrimination of sportspersons within the EU. In this section of the paper subsequent judgments would also be briefly looked into to describe the establishment and development of the principle of applicability of non discriminatory princ iple within the arena of sports in the EU. Finally the paper will briefly look back at the arguments raised in the Bosman case related to the need for keeping sports outside the ambit of the provisons of Community treaty. In this section existing regulations in England as well as the United States will be looked into to evaluate whether the guidelines laid down in Bosman is in sharp contrast to the sporting regulations existing in those states. Literature Review A Closer Look at the Judgment of Bosman Background and Facts Within the European Union football is played either as an amateur or a professional sport. The structure of professional football comprises of clubs which belong to national associations or federations. The national associations including Belgiums ASBL Union Royale Belge des Societes de Football Association (URBSFA) are members of the Fà ©dà ©ration Internationale de Football Association (FIFA). FIFA is again divided into confederations, UEFA being the confederation which governs football in Europe. As per the rules framed by the URBSFA prior to Bosman case, every player whose contract is expiring must be offered a new Contract by April 26, failing which he is given amateur. The player has the option of accepting or rejecting the contract offer. If the player rejects the contract, he is placed on the compulsory transfer list for a month from 1st may onwards. In this period any club can buy the player from his existing club even without the permission of the existing club by paying certain compensation fee for training which is called transfer fees. On 1st June the period of free transfers begins and in this period a player can be transferred by the mutual agreement of both clubs after the payment of the requisite transfer fees. If the transfer does not take place the clubs are required by URBSFA to offer a contract to the player which is not less than the initial contract of April 26. If this contract is rejected by the player, he is classified as an amateur and has two wait two years to obtain a transfer without the clubs consent. Jean Marc Bosman, player for Belgian club RC Liege, was offered a contract before the expiry of his existing contract which entailed a substantial reduction in his wages, of almost 75%. As a result Bosman refused this new offer and as a consequence was put on the transfer list. During the period of free transfer the French second division club US Dunkerque became interested in employing Bosman. However as per rules for international transfers, the Belgian football association had to pass a transfer certificate to the French football association within a specific time. However in spite of RC Liege and US Dunkerque agreeing upon the amount of transfer fee for a seasons, RC Leige refused to give permission to the Belgian league to pass on the certificate to the French association as they were unsure about the financial solvency of Dunkurque. Thus Bosman was preveted from joining RC liege leading to the initition of a suit in the Court of First Instance in Leige which finally culminated in the landmark decision of ECJ in 1995. Transfer Rules and Article 48 The Courts assuming jurisdiction under Article 177, restated the principle of applicability of Article 48 of the EU Charter to sporting activity as long as there is an the existence of, or the intention to create, an employment relationship. ECJ decided in favour of Bosman and against the respondents namely RC Liege, URBSFA and UEFA. The court ruled on two main issues. Firstly the Court overhauled the existing transfer system by holding that transfer fees for out-of-contract players were illegal and in violation of Article 48 of the EU treaty when the players were moving from one E.U. nation to another. Secondly the court also found nationality clause to be inconsistent with Article 48 and as a result struck it down. Firstly in spite of the arguments raised by the respondents the ECJ found that the right to movement of workers as enshrined under Article 48, which is one of the four fundamental rights guaranteed by the EU charter, was being violated by the existing transfer rules of URBSFA.The Court rejected the contention that transfer rules governs relationship between culbs and does not affect the players. The Court pointed out that transfer fees is a burden which the clubs has to bear and the failure to pay such fees ultimately affects the employment rights of the players.The Court then pointed out that in spite of being contrary to Article 48 the transfer rules could be saved if they could be justified on the grounds of pressing public interest and the principle of proportionality between the means exercised for the objectives sought. However in Court went on to reject the different justifications forwarded by the respondents. The Court found merits in UEFAs goal of maintaining financial and competitive balance but rejected the claim that the transfer rules furthered this object because the existing rules had failed to preserve the level of financial and competitive balance as the rules failed to prevent the richest clubs from securing the best players. The merit of the second justification advanced by respondents regarding UEFAs goall of encouraging the recruitment and training of young talent was also accepted by the Court. However the Court failed to establish the nexus between the transfer system and the achievement of that goal. The Court found no relationship to exist because the amount of a transfer fee is unrelated to the actual cost of training and recruitment, and because receipt of such fees for any particular player is speculative. Finally the argument that transfer fees are acceptable on the grounds that such transfer fees are necessary for clubs to buy players was rejected because the Court o bserved that obstacles to freedom of movement cannot be justified simply on the grounds tat such obstacle was in existence in the past. Finally the Court reaffirmed the opinion of the Advocate general that as alternatives which does not tantamount to an obstacle to freedom of work can be used to achieve the ends sought by the transfer rules and hence the transfer rules has to be struck down. Nationality Principle The ECJ also rules that the 3+2 rule which restricts the employment of footballers of a different EU state is in direct violation of Article 48(2) of the EU treaty which expressly seeks to abolish any discrimination based on nationality between workers of the member states of the EU in relation to employment, remuneration and conditions of work and employment.[6] In this regard the Court further refers to Regulation 1612/68 of the Council which seeks to enforce the provion under Article 48. Finally the court extends this principle of non discrimination to the existing transfer rules by referring to the principle propounded in the Dona case where regulations of sporting bodies were held to fall under this principle of non discrimination. In light of the conflict between the nationality provision of the ransfer rules and Article 48 the Court examines a few possible justifications which can save the nationality rule followed by UEFA. It was argued by the respondents that the nationality rule can be justified on non-economic grounds including maintaining a natural link between the club and the country, the maintenance of a pool of national players and to maintain the competitive equilibrium between the clubs. However the Court referring to the Dona case observed that though non economic objectives may justify the exclusions of certain players in certain fixtures but that principle is not relevant in this case because the 3+2 rule of UEFA applies to all clubs and all matches. Similarly the Court also observed that the nationality rule is not adequate enough to prevent rich clubs from acquiring the richest players. Further the argument regarding the nexus between club and country was also rejected along with the point regarding the maintenance of a pool of national players. Another important point which was argued and rejected by the Court was that the 3+2 rule was developed in cooperation with the Commission and hence should not be struck down. In this case the Court observed that Finally, as regards the argument based on the Commissions participation in the drafting of the 3+2 rule, it must be pointed out that, except where such powers are expressly conferred upon it, the Commission may not give guarantees concerning the compatibility of specific practices with the Treaty Hence if the rule in violation of Article 48 then the fact tht it was made in cooperation with the European Commission will not validate it. Community Law and Principle of Non Discrimination of Foreign Nationals In order to understand the interface between nationality restrictions and its conflict with the EU treaty it is imperative to briefly look into the framework of the EC treaty. Sports per se has not found a place in the present EC treaty, but as has been discussed before, it falls within the competence of EC law when it concerns an economic activity.[7] Article 12 of the EC treaty prohibits discrimination on the grounds of nationality. More specifically discrimination on the basis of nationality of workers is dealt with in Articles 39[8] to 42 of the EC Treaty. However it has to be remembered in this context that the compatibility of a sporting rule with a particular article of the Treaty does not release the rule from the requirement to comply with other Articles of the Treaty.[9] However, the general protection against nationality discrimination can only be invoked in the absence of any specific provision within the treaty. This principle was elucidated in the case of Lehtonen and C astors Canada Dry Namur-Braine v. Federation Royale Belge des Societes de Basketball (FRBSB),[10] where it was observed that Article 39 of the treaty dealing with nationality discrimination of workers will be applicable in the instant case. The Court further observed that Article 12 will only be applicable independently in case of the absence of any specific provision.[11] In light of the above framework of Community law the Lehtonen judgment can be briefly evaluated to determine whether it has also followed the Bosman line and determined whether a sporting rule can be discriminatory within the EC treaty in the absence of objective justification. In Lehtonen different periods of transfers were applicable in the Belgian basketball league of players from Belgian clubs and European clubs. This vires of the transfer rule was challenged to be in violation of the non discriminatory rule enshrined under Article 48. The ECJ observed that Article 48 precludes the application of rules laid down in a Member State by sporting associations which prohibit a basketball club from fielding players from other Member States in matches in the national championship, where they have been transferred after a specified date, if that date is earlier than the date which applies to transfers of players from certain non-member countries, unless objective reasons concerning only sport as such or relating to differences between the position of players from a federation in the European zone and that of players from a federation not in that zone justify such different treatment.[12] In other words the Court followed the line of Bosman and held that Article 48 can act as a threshold which specific sporting regulations have to abide by. However a divergence from the non-discriminatory principle is allowed if they can fulfill the test of objective satisfaction. One more interesting aspect of the non-nationality principle, which has come to the limelight in subsequent cases, is the status of individuals belonging to non-member states who have entered into Cooperative agreements with the EU containing non discriminatory terms in relation to nationality of the members of those states as well as the members of third party states. In the Malaja[13] ruling a Polish basketball player Malaja, challenged the restriction of the French Basketball Federation on the number of foreign players in a club. She based her claim on the basis of an agreement entered by Poland with the EU which ensured non discrimination of Polish workers within the EU. The Council the Etat held that the non-discriminatory principle enshrined in the EU treaty will also be applicable to eastern European states along with Poland who had entered into cooperation treaties with the EU. Another landmark decision in this respect is Kolpak case. Kolpak who was a Slovak national, signed consecutive fixed-term contracts in 1997 and 2000 as a goalkeeper for a second division handball team. However the German Handball Associations imposed a cap on the number of non-EU players who could play in one team. This precluded Kolpak from performing his duties under the employment contract. Kolpak held a valid residence permit in Germany. He took the dispute to the German courts arguing that the agreement between Slovakia and the EU would prevent the Handball association from treating him differentially from other non-EU or German players. The dispute was referred to the ECJ. The Court observed that the agreement with Slovakia did not contain any specific provision safeguarding against anti-discrimination. However the Court compared the agreement with Article 48 of Treaty of Rome and came to the conclusion that the agreement embodied the same principles which have been enshrined u nder Article 48. Hence even in the absence of any specific provision preventing discrimination, the Court held that the principles of non-discrimination established in Bosman can be extended to the present case. However the Court restricted the scope of the non-discriminatory principle by holding that the non-discriminatory principle construed from the agreement will be limited to Slovakian workers already employed in the member states of the EU. The final judgment that has to be mentioned in this regard is the Simutenkov case in which the Courts closely analyzed the Bosman and the Kolpak decisions. The decision of the Court in the Simutenkov mirrored the judgment in Kolpak and extended the principle of non-discrimination to Russian workers employed within the EU. The decision followed Kolpak to the extent that the scope of the non-discrimination principle was restricted to existing workers. In other words it did not bestow a general right on all EU members to circulate freely within the EU. A Closer Look at the Sporting Exception In Bosman, UEFA had argued that sports was always respected within the European Union and owing to the difficulty in extrapolating the economic aspect from football Article 48 should be interpreted in a flexible manner. German Government further emphasized on sports being an expression of European culture and hence should be protected under Article 128 of the Treaty of Rome which seeks to safeguard the national regional diversity of culture. However as has been discussed previously the Court relied on previous ECJ decisions in Walgrave and Dona to determine the extent to which Article 48 of the treaty of Rome can regulate sporting activities. Again as recently as 2006, The ECJ in its decision in Meca-Medina v. Commission[14], reaffirmed the principle of Bosman when they observed that having regard to the objectives of the Community, sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 However the approach of the Court in this respect has been severely criticized in certain quarters. Commentators have alleged that the Court has in their zeal to extend economic regulations have failed to recognize the specific nature of sports.[15] However a brief look at sporting regulations and the legal restrictions imposed on such sporting rules in US and UK points to the shortcomings of bestowing unfettered power in respect of sporting activities. The transfer system in British football can be traced as far back as the last decade of the 19th century when football clubs started to purchase and sale football players. The concept of transfer fees was in existence even in that period. Even though these rules flagrantly violated the contractual and labour rights of the players, these rules remained in existence throughout the majority of the twentieth century and were justified on the grounds of regulating player mobility and competitive equilibrium. The landmark case of Eastham[16] the retention and transfer system[17] was challenged by George Eastham who wanted to move from Newcastle to Arsenal. However Newcastle simply retained him despite his repeated request for transfers. As a result a writ was filed in the High Court against Newcastle for restraint of trade. Five issues was considered by Judge Wilberforce out of which the one of relevance where whether there was actual restraint of trade and whether such restrain was necessary for the maintenance of the nature of the league or its members. The Court found that Newcastle had indulged in activities which tantamount to restraint of trade. More importantly the Court found that the transfer and retention system was also an unreasonable restraint on trade on the ground that it acted as a barrier to the movement of players even when their contracts have expired unless a transfer fee was paid.[18] As a consequence of the Eastham rulin the retention and transfer system was overhauled and a new system was introduced where a player was free to move from his existing club unless the club offered a contract which atleast equaled the terms of the previous contract between the club and the player. In 1978 further changes were brough about which gave players the right to reject contracts and move to a different club. Further it was provided that in case of a dispute between the new and the former club regarding transfer fee a four member panel will be constituted to determine the amount of transfer fees. Finally the regulations existing in the baseball league in US [MLB] and its interface with different fields of law can be briefly explored. The major contentious issue in American Baseball league was surrounding the reserve list and reserve clause: which raised significant questions regarding players right to movement and free agency. However in the early years of the twentieth century the US legal system was averse to the idea of collective bargaining rights and hence there was a lacuna in the law related to labour rights. Further the Sherman Act, which sought to prevent restraint of trade also provided an exception to the MLB and as a result the employment rights of the players suffered. However the gradual development of collective bargaining culminated into the creation of baseball players association[MLBA] which entered into a collective bargaining agreement with the club owners. The significance of this collective bargaining agreement was that it contained an arbitrational clau se for addressing players grievances. On the basis of this collective bargaining agreement, arbitration proceedings were initiated inNational American League Professional Baseball Clubs v. MLBPA[19] where baseballs reserve system was challenged. The arbitrator found in favour of the players. However the true significance of the judgment lies in the fact that the arbitrator held that though it was possible to negotiate a reserve system which contained the option of continuous renewal, however the option clause was not implied into the contract and had to be bargained for. In other words the arbitrator laid down that the though the reserve system cannot be overhauled, however the incorporation of such a clause in player contract cannot be implied. The presence or absence of such a provision will be decided on the basis of collective bargaining between the parties. This was also affirmed by the [1] Union Royale Beige des Societes de Football Assn ASBL v.Bosman, 1995 E.C.R. 1-4921, 1 C.M.L.R. 645 (1995 [2] [3] [4] [1974] ECR 1405 [5] [1976] 2 C.M.L.R. at 587 [6] [7] [8] [9] [10] [11] [12] [13] [14] Meca Medina v. Commission, 2006 E.C.R. I-6991 [15] It has been argued that players have been treated as mere factors of production and the link of sports with the culture and identity of the Community have been overlooked. Further it has been suggested that one of the primary shortcomings of Article 6 dealing with discrimination in general and Section 48 dealing with discrimination against workers is that these two article fail to recognize this important characteristic of sports. [16] Eastham v. Newcastle United Football Club, Ltd., 1964 Ch. 413, 419. [17] Prior to the Eastham case this system existed in England where a club could virtually retain control over a player even after the expiry of a contract by withholding his player registration. A player could not move until the registration documents were released by the club which was usually done on the payment of a transfer fees. [18] [19] 66 Lab. Arb. Rep. (BNA) 101 (1975) (Seitz, Arb.).
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