Thursday, October 31, 2019
Dating and Mating Relationship from Christian Standpoint Essay
Dating and Mating Relationship from Christian Standpoint - Essay Example The procedures taken by the current generation have left them with bewilderment, pain, and sexual sin that they have had to encounter in spite of their best objectives. Reasons for such occurrences are pointed out in the subsequent body text. The amalgamation of sex organs for two persons that are sexually active for insemination purpose is referred to as copulation. The process consequently results in an internal fertilization process. In the contemporary world, men and women engage in a process of looking out for spouses with the aim of getting into marriage (Burton, 2010). However, the process raises numerous questions. The Christian religion professes that selection of a companion according to the Bible teachings should assist in securing an individual a perfect match for his or her values. Even though the terms dating and mating are not found in the Bible, Christians are presented with some guiding principles that they should adhere to prior to getting married. Whenever an individual is strongly committed in a relationship, be it mating and dating relationship, he or she should endeavor to acknowledge the Lord. In addition, individuals should adore and respect each other just in a similar manner they do to themselves. The condition is certainly spot on for a dating or mating relationship. Biblical principles present a perfect way of having a secure basis for a dating or mating relationship
Monday, October 28, 2019
Group Signature Essay Example for Free
Group Signature Essay Group signature schemes allow a member of group to sign a message on behalf of the group anonymously and in unlinkable passion. However, a designated group manager can easily identify the signer. The signer of a valid group signature is needed to be a member of the group. These features are important in some specialized applications. This scheme is to be used in electronic business transaction. The scheme needed to satisfy six properties to be secured. These are unforgeability, anonymity, unlinkability, no framing, traceability and coalition-resistant. Mathematicians and computer scientist continues their studies to improve their proposed schemes. It is to satisfy the six properties with no doubt. Key words: group signature, unforgeability, unlinkability, no framing, traceability, coalition-resistant Group Signature Introduction The process, in which certain anonymity is needed to perform a task in spite of a collection of people or groups, is the based the concept of group signatures is born. Chaum and van Heyst first introduced this. The concept of group signature provides a member of group to sign certain messages anonymously and unlinkably on behalf of the whole group. On the other hand, a designated group manager has power to unveil the identity of the signer in cases of dispute. A group signature is verified through a series of algorithm to ensure that the signer is a member of that certain group. However, the groupââ¬â¢s structure is still concealed and the signer can only be identified if the necessity occurs. With this features, the group signature scheme have potential application. Such applications are needed in electronic transaction that needed to be signed. The anonymity of the signer is essential to prevent others to see organizational structure of the signatory group. A group signature is needed to be secured to preserve the unlinkability and anonymity. A group signature scheme must satisfy the six properties. One is unforgeability. This is the property which ensures that only members of the group can sign on behalf of the group. This feature is necessary to make sure that invalid members or revoked members cannot sign on behalf of the group. This provides a way on which if there is dispute in a valid group signature, the group manager can easily find out who the signer is or it can be concluded that it is a member of the group when the message is signed. Number two is anonymity. This feature assures the members of the group that the identification of the signer will be hard except to the group manger. This is one of the main features of group signature. It conceals the identity of the signer. Consequently, it conceals the organizational structure of the group. The third one is unlinkability. This is feature which tells that determining whether two valid signatures were generated by a common member will be hard. This feature is necessary to go with anonymity of the signer. Since if you can identify two valid signatures coming from single member then it will easy to identify the signer. Number four is no framing. This is ensures that no member or the group manager can sign on behalf of other members. This is necessary to protect any member from a wrong identification when a dispute occurs. The fifth one is traceability. The traceability means that a group manager will be able to open a valid signature and determine the identity of member who signed it. It means that in a dispute, the group manager can easily identify the signer. Additionally, this property does not the possibility of not identifying the signer. The last one is coalition-resistant. This means a subset of members of the group or even the whole group cannot generate a valid signature on which the group manger cannot link on one of the members of the subset group. This ensures that a certain valid group signature can always be associated with a single member of the group not with subset of the group. There are many studies which ensure that the six properties are satisfied. There are many proposals of which contains algorithm that is claimed to satisfy the six properties. There are some summaries of articles of proposals and advancement in group signature. The reader would find these summaries of articles to contain dispute of other schemes. Security Remarks on a Group Signature Scheme with Member Deletion The Kim-Lim-Lee group signature scheme is scheme which claims to have a member deletion function, security and unlinkability. These claims are put into consideration because it is found to be unsecured and linkable. This will present some remarks which will prove the unsecurity and linkability of the Kim-Lim-Lee group signature scheme (Wang et al. , n. d. ). This scheme consists of different stages. These are system set up, join, delete, sign verify and open phases (Wang et al. , n. d. ). The system set-up is done by the membership manager in which he sets parameters and compute for secret and public keys. At the same time, the revocation manager selects his secret key and then computes and publishes his own public key (Wang et al. , n. d. ). At the join stage, the user who wants to join the group need undergo an interactive protocol on which he is assigned to a generated membership key and given the public key. Additionally, current members of the group update their membership key (Wang et al. , n. d. ). The deletion stage happens when a member is voluntary or involuntary leaving the group. The membership manger performs a series of algorithm and updates the groupââ¬â¢s public key. He then computes fro the renewal public key. Here, the membership manager publishes the two new public keys. Then, every valid members of the group updates his secret property key (Wang et al. , n. d. ). In the sign stage, a member needed to sign some message. The member submits his membership key and his secret to generate the group signature (Wang et al. , n. d. ). The group signature generated in the sign stage is then subjected to verification. The verifier then uses a series of computation to verify the signature. The verification will yield a result which indicates if a valid member of the group signed it or not (Wang et al. , n. d. ). In the case of dispute, the open protocol is done. The open protocol is done to trace the identity of the signer. Only the group manager can do this (Wang et al. , n. d. ). The process of which the Kim-Lim-Lee group signature scheme under is found to be unsecured. This is due to proven accounts its security parameters is lacking in some cases. It is proven the two parameters used in the scheme are not sufficient to ensure absolute security (Wang et al. , n. d. ). The unlinkability claim of this scheme is also taken to account. The unlikability claim was proven wrong. The group signature scheme of Kim, Lim and Lee is prove to be linkable. It is proven that it easy to associate a given group signature to member of a group. This is due to invariance in the group signatures within time and even in all time periods. It means two signatures can be traced back to signer simple computational analysis (Wang et al. , n. d. ). A member deletion stage is then scrutinized by disproving the claim of which a deleted member cannot generate a valid group signature. The problem with this is identified in the process of the updating the members secret key. It is said a deleted member can simply update his secret along with other valid members since he can compute for a member secret in a given time. At the same time, a new member can get a version of his secret membership in the past time when is not yet a member (Wang et al. , n. d. ). Thus, the security of the Kim-Lim-Lee group signature scheme is proven to unreliable and unsecured. It is needed to revised and improved to satisfy the needs for a good group signature scheme (Wang et al. , n. d. ). An Efficient ID-Based Group Signature Scheme The ID-based signature scheme is proposed to be more efficient than other predecessors. The scheme is based on the process of the ID-based electronic signature. The identity-based signature uses publicly known identifier such as IP address, e-mail address and other identifiers. It is use to compute for public key component of the pair use for digital signatures, encryptions, and key agreement. The private key is computed by a trusted authority. This scheme is aimed to have better efficiency and to cope with large number of members in a group (Popescu, 2000, 29-35). The identity based signature scheme is done in several phases. The set-up process is done by the trusted authority which leads to the extract phase in which the user provide the ID. The ID becomes the public key and the trusted authority returns a private key which is needed to make for the signing protocol (Popescu, 2000, 29-35). The verification of an identity based signature is done by inputting the message with the signature, the parameters and a public key ID. The verify stage outputs the validity of the signature (Popescu, 2000, 29-35). There is another type of ID-based signature which is from the pairings on elliptical curves. This scheme is done to improve the efficiency of the ID-based signature processes. It is basically similar with the conventional one. However, the computations are different and more appropriate for large number of users (Popescu, 2000, 29-35). The scheme use in ID-based signature is put into the context of group signatures. The set-up procedures are similar with the ID-base signature but the group public key and the secret key is computed differently. Compared to other group signature schemes the set-up stage is done more efficiently (Popescu, 2000, 29-35). In the join stage, the user sends the ID to the group manager and the group manager computes for the membership certificate and secretly sends it to the new member in a secure private channel. This process is more efficient since the stages were reduced. However, the security is still intact because of the process in the set-up stage that lessens the work at other stages (Popescu, 2000, 29-35). The signing stage makes use of the public and private key pair which was generated by the user himself. The pair key is use to compute and generate the group signature. It is combined with a random number for it to be anonymous and unlinkable (Popescu, 2000, 29-35). The verify stage is split in the two parts. The first part is that it verifies if the signer is definitely a member of the group. If the signature generated by the group is valid and it is signed by a member of the group, the second stage commences. It is to verify that a member signed the group signature and not the group manager (Popescu, 2000, 29-35). The open stage is done when there is time that the signer needed to be identified. Like other schemes, the group manager can only do this. This process is very easy for the group manager since the manager knows the identity of the user who is associated with the group signature. This is because in the join stage the bind between the user and the manager was forged (Popescu, 2000, 29-35). The ID-based group signature scheme keeps the security properties of a good group signature in tact. The identity based signature guarantees some the properties and the added processes in the group signature scheme made other necessary security measures (Popescu, 2000, 29-35). The ID-based group signature from elliptic curves was derived from the identity based signature scheme. This scheme can handle a large number of members in a group without compromising the security and the efficiency of the process involved. However, the disadvantage is that the efficiency of the group signature is based on the efficiency of the identity based signature scheme it uses (Popescu, 2000, 29-35). Practical and Provably Secure Coalition-Resistant Group Signature Scheme Group signature concept is dual to the identity escrow which this scheme uses to create a coalition-resistant group signature scheme. The identity escrow can replace the membership certificate which other group signature uses. The use of identity escrow in group signatures can be regarded as group-identification scheme with revocable anonymity. This is scheme is just the second coalition-resistant group signature scheme which is an improve version of the first (Ateniese et al. , 2000, 255-270). This group signature scheme differs to other scheme in the efficiency of the join process. The user needs not to send his secret to the group manager not like other conventional schemes. The feature of which the user sends secrets to the group manager is found to be susceptible to attacks. This scheme eliminates such possibility and is proven to be coalition resistant even against adaptive adversaries (Ateniese et al. , 2000, 255-270). The model use by this scheme is somewhat similar to conventional group signature schemes. The group signature scheme undergoes several phases. These phases are the setup, join, sign, verify and in some cases open. Like the other group signature schemes every phase has algorithm need to be follow to ensure the properties to be intact (Ateniese et al. , 2000, 255-270). They only differ in the sign process as this scheme provides an interactive process between the signer and the verifier. The process is derived by replacing the call of the user to the hash function to the call to the verifier. The interactive protocol between the user and the verifier gives way to a more secure group signature (Ateniese et al. , 2000, 255-270). This scheme was proposed to have two major advantages over other conventional group signature schemes. One is the join process is more efficient than other scheme. This is since the new member just needed to provide proofs of knowledge of discrete logarithms in contrast with other schemes which requires new members to prove that a number is a product of two primes. The other advantage is that join process is more secure since it does not require the new member to send his membership secrets which is required in other schemes. Additionally, the property of being coalition resistant against adaptive is in fact an extra advantage (Ateniese et al. , 2000, 255-270). Generally, this scheme surpasses all other schemes created before it in terms of performance and security and it is proven to be coalition-resistant. It is because of the feature like spliting the group manager in two, a membership manager and a revocation manager (Ateniese et al. , 2000, 255-270). Group Signature Scheme with Revocation A number of group signature schemes had been proposed. However, these schemes donââ¬â¢t consider a growing membership or shrinking membership as well. In the real world, a member of a group can join, voluntary or be expelled from the group in any time. This done by other proposed schemes by not issuing changes to public keys and re-issuing group memberships. Thus, Popescu, Noje, Bede and Mang from the University of Oradea proposed a group signature scheme with revocation (Popescu et al. , 2003). There are other several group signature schemes that were proposed. However, these other proposed schemes lacked in efficiency and other others in security. There is a scheme which was proved to be efficient and secured but it requires time periods which any and all verifiers must know, thus requires more time in the verification stage (Popescu et al. , 2003). They proposed a group signature scheme in which every step or phase is different from other group signature schemes. It consists of different computational procedures (Popescu et al. , 2003). In the setup procedure, the group manager needs to undergo several steps which will yield the public key P, the secret key S and a group membership certificate consisting of two integers X and ? satisfying a certain equation which relates the two integers (Popescu et al. , 2003). In the join stage, a user wants to join a group. The scheme requires a secure and private communication between the group manager and the user to protect the anonymity of the user. The user chooses an element from a set formed by the parameters set by the group manager. From the chosen element the user will compute and send an ID which he needs to prove before he chooses a random number from a designated set. The group and the user computes and send computation results to each other until the user received his membership certificate. After this process, only the user knows his membership certificate and that the group manager only registers the ID of the user in the data base which was obtained in the first computation (Popescu et al. , 2003). The user is then allowed to sign to represent the whole group. At the signing process, the user can create a group signature inside a message by computation. The computation starts with the computation with his membership certificate. The user is the only one who knows his membership certificate so he remains anonymous to others. The group signature is then sent to the verifier for verification (Popescu et al. , 2003). In the verification phase, the resulting signature inside a message is verified through a series of computations in which the check the proof of equality between the double discrete logarithm of F (a part of the signature) and the discrete logarithm of Dââ¬â¢s representation base on the element of the set that the group manager defined in the setup process. If it is equal the verifier concludes that the user who signed the group signature is a member of the group (Popescu et al. , 2003). When the time comes when it is needed to know who signs the message containing the group signature. He can do this by checking the correctness of the group signature. If it is incorrect, the group managers abort the process. Other wise, the group manager recovers a certain ID in the database and prove that the ID is relative to the D (a part of the group signature) (Popescu et al. , 2003). When a member of the leaves the group the group performs a series of algorithm which will result to the publication of the revocation status of a user in the Certificate Revocation List which was assumed to be available at all times in a well-known public servers. The CRL is also assumed to be signed by the issuer, the group manager or other trusted party (Popescu et al. , 2003). In this scheme, there are strong considerations in the security as provided different calculations that ensure the impossibility of some scenarios that compromises the anonymity of the members of the group. Furthermore, the cost of the revoke process is linear to the number of revoked members. Additionally, this scheme provides fixed signature size and constant work of the signers which makes it more practical than other group signature schemes. However, the opening process of this scheme can result to hundred of exponentiations per signature due to the proofs involving double discrete logarithms (Popescu et al. , 2003). Quasi-Efficient Revocation of Group Signatures This scheme is specified to address the inefficient and unsecured revocation methods use by other group signature scheme. The security of a group signature is not met if it uses an inefficient way of revocation. Additionally, the quasi-efficient revocation methods provide a practical public keys and signatures (Ateniese et al, n. d. ). The importance of a good revocation method is seen in groups with shrinking number of members. The security of the group is compromised if the revocation process is not well established since a revoked member can still sign in spite of the group (Ateniese et al, n. d. ). There are a number of group signature scheme which provides good revocation methods but they need to use synchronized clocks and the signature size is relative to the number of revoked members. The use of loosely synchronized clocks in revocation of membership needs to notify all existing members about the revocation. It modifies the membership certificate of all members and consequently, affects the size of group signature generated (Ateniese et al, n. d. ). This revocation method is made in line with the ACJT signature scheme. The revocation methods can only be done by revising the backward unlinkability to unconditional unlinkability. However, the easiest way of revocation is reissuing of the membership certificates and regenerating the public key. This costs a lot of work to the group manager and the members since they have to repeat parts of the join process. Additionally, the verifiers need to be informed of the changes. However, there is a way to eliminate this inconvenience by generating public keys and membership certificates automatically. This is will eliminate the interactive process between the manager and the members. On the other hand, it has impracticality in the process since it requires issuance of new certificates to existing members (Ateniese et al, n. d. ). The efficient way to overcome this problem is to avoid issuing new membership certificates in the event of revocation of a member. This is done in some scheme in which they use a Certificate Revocation List (CRL). However, the schemeââ¬â¢s group signature presented contains an encrypted version of the CRL. It is necessary to prevent the linking of the group signatures. However, the problem is resolved here by including the latest CRL to the group public key in which the unlinkability is preserved (Ateniese et al, n. d. ). The efficiency of this scheme is measured by the size of the signature, the signer cost, verifier cost, CRL size, and the CRL issuance cause. This scheme had passed all requirements since it minimizes the size of the signature as it fixed, the cost of the signer is constant, the verifier costs is also constant, the CRL size is inevitably rising but it is minimize and the CRL issuance cost is also unavoidable, however it is the least significant (Ateniese et al, n. d. ). The revocation method with the ACJT group signature scheme had been proven to be efficient and secured. This more practical than other group signature due to its features that fixes the size of the signature and requires constant work by signers. However, the ACJT group signature scheme requires the use of proofs-of-knowledge involving a double discrete logarithm (Ateniese et al, n. d. ). Conclusion These articles had proposed changes to other group signature schemes and some presented their own schemes. Generally, these articles aim to the advancement of the concept of group signature in relation to efficiency. The articles above had proposed methods of how to satisfy six properties needed fro a secure group signature scheme. These schemes are still subjected to further research to optimize its efficiency without compromising its security. References Ateniese, G. , Camenisch, J. , Joye, M. , and Tsudik, G. (2000). A practical and provably secure coalition-resistant group signature scheme. Advances in cryptography, CRYPTO, 1880, 255-270. Ateniese, G. , Song, D. , and Tsudik, G. (n. d. ). Quasi-efficient revocation of group signatures. The Johns Hopkins University University of California. Popescu, C. (2002). An efficient ID-based group signature scheme. StudiaUniv. Babes-Bolyai, Informatica, 47, 29-35. Popescu,C. , Noje,D. , Bede, B. and Mang, Ioan. (2003). A group signature scheme with revocation. University of Oradea. (Popescu et al. , 2003) Wang, G. , Bao, F. , Zhou, J. , and Deng, R. H. (n. d. ). Security remarks on a group signature scheme with member deletion. Infocomm Security Department, Institute for Infocomm Research.
Saturday, October 26, 2019
Leadership Trait Study Essay
Leadership Trait Study Essay Leadership is the ability of an individual to influence a group toward the achievement of a vision (Robbins Judge, 2009). Leaders play a very important role in every organization. Every organization requires strong leadership and strong management for excellent effectiveness in the organization. Leadership is a quality that comes within us and also that we see from others and learn. Leaders have personal qualities and characteristics that differentiate them from non leaders. Most the leaders have superb risk taking abilities that are very different from a non leader. If they believe in some project they work towards it no matter the difficulties faced they try to overcome it to achieve that vision .hard work pays for itself therefore I believe anything is possible with hard work. Here in this report I have made a leadership trait study of two individuals from two different organizations. These two leaders are from the retailing industry. They are mentioned below: Sam Walton : founder of Wal-Mart Wal-Mart is an Americanà public corporation that has a chain of discount departmental stores and it also has number of warehouse stores. Wal-Mart according to Forbes global 2010 was rated has the worlds largest public corporation by its revenue. Wal-Mart has been publicly traded on NYSE since 1972. Wal-Mart is the largest private employer and is the biggest grocery retailer in United States of America. It has 8600 stores in fifteen countries and it is under 55 different names. Wal-Mart stores are there in fifty states and they are operated under its own name. The company brings revenue of billions of dollars a year. Kishore biyani : MD and CEO of future group Pantaloons, big bazaar, food bazaar are all part of future group. Some of the regional brands of the company include depot, shoe factory, brand factory, blue sky. Head quartered in Mumbai has almost thousand stores in about seventy one states in the country. It is also the country largest retailer by its revenue. It employees almost thirty thousand people in the country. Here in this report I am going to do an in depth study on the different kinds of leadership style and theories that are related to this two leaders. These two leaders have played a major role in starting their companies and making them the way there company is right now. EXECUTIVE SUMMARY Here the focus of study is based on the different kinds of leadership theories associated with the leaders who have contributed a lot to their companies. In this report the qualities of leaders will be studied and the effect of these qualities on their companies will also be studied. In this report I will be also discussing how their leadership styles have affected the independent variables such as productivity and turnover of their organizations. I will also be finding out what changes have to be taken in their leadership style considering the future of the companies. OBJECTIVE To understand the concept of leadership theory related to these leaders. To find out which type of leaders they are and to find their leadership characteristics and style. How their leadership styles have contributed to the success of their company. METHODOLOGY There are two ways of collecting data. They are the primary data and the secondary data. Here I have made my report using secondary data which consist of official websites of companies, literature books, and e-books to collect data to understand the leadership theories. I have taken data regarding the conceptual part from the literature books. I have also studied about their leadership qualities through the organization official websites. I have also read two books regarding these leaders through which I have collected data as well. Data regarding these leaders are taken from published books therefore the details in the report are best to my knowledge. LITERATURE REVIEW Qualities of a good leader are shown below : DEDICATION HUMILITY INTEGRITY OPENNESS CREATIVE GOOD LEADER INTUITION FAIRNESS ASSERTIVENESS Integrity: A leader who has integrity is one who is same on the outside as well as in the inside .Such a person can be trusted because he or she wont deviate from his or her inner values. Trust of the followers has to be won from the followers and therefore a leader should display integrity. Perfect dealings, well controlled emotions and absence of sudden outburst are all a part of integrity. If a leader has good integrity he can be approached by his followers more easily. Dedication: It means giving whatever energy or time that is required to complete the task at hand. He should do whatever it takes so as to keep moving forward so as to reach that goal. A leader has to be an example to their followers. Dedication from every employee plays a vital role in very organizations success. Humility: A leader who has humility believes that they are no better or worse than other members in their team. A good leader is one who does not involve in self-effacing but always tries to elevate everyone in the team. Mahatma Gandhi is an excellent example of these. Creative: It is ability of the leader to think differently. A good leader should always think outside the box. Creativity helps leaders to see thing which others have not seen and hence leads their followers in a new way. A good leader should always think what ifà ¢Ã¢â ¬Ã ¦? Openness: It is the ability of a leader to listen to new ideas even if it is very different from the normal way of thinking. If they believe in a certain idea suggested by others then they should go with it even if it is out of the ordinary. Openness helps in creating trust and mutual respect between leaders and their followers. And it also helps in providing the organization with new ideas. Assertiveness: A good leader should be assertive in nature so as to obtain desired results. It is the ability of a leader to clearly state what he expects such that there are no misunderstandings. Along with this the leaders should exactly know what his followers are expecting from him. Based on a study in 2007 February issue of journal of personality and social psychology, that was published by American psychological association it was found out that assertiveness was the most common weakness among most of the leaders. Fairness: It is the ability of a leader to deal with others justly and consistently. A leader should check the facts and then here to everyone before taking the judgment. Based on incomplete evidence a leader should never take a decision. When people feel the leader is treating them fairly only then the employees become loyal and dedicated in what they are doing. He should understand every ones point of view and analysis and take a proper decision. Intuition: A good leader should possess instinctive knowledge so as to make excellent decisions. Few people are gifted naturally with this and others have learned it or have developed it through experiences. One thing is for sure for effective leadership intuition plays a very important role. Most of the times good leader rely on intuition so as make excellent decision. Its not what you make others do its about who you are, how much you know and how you do it. Effective leadership is all about finding skills and talent from many people and forming a cohesive unit. Intuition plays a very important role in every leader in these ways. QUOTES BY SAM WALTON Outstanding leaders go out of their way to boost the self-esteem of their personnel. If people believe in themselves, its amazing what they can accomplish The key to success is to get out into the store and listen to what the associates have to say. Its terribly important for everyone to get involved. Our best ideas come from clerks and stock-boys Individuals dont win, teams do Money and ownership alone arent enough. Set high goals, encourage competition, and then keep score. Appreciate everything your associates do for the business. If people believe in themselves, its amazing what they can accomplish Commit to your business. Believe in it more than anybody else I probably have traveled and walked into more variety stores than anybody in America. I am just trying to get ideas, any kind of ideas that will help our company. Leadership qualities of Sam Walton would include dedication, humility, creative, openness, fairness, intuition QUOTES BY KISHORE BIYANI We believe that in India we have the opportunity to grow for the next two to three years. We believe at the moment consumers are feeling psychologically stronger than they ever were to spend. Its not a matter of can we take on foreign retailers, but how big a gorilla you are. Who have helped you, share your success with those people Change your goal according to situation or be flexible Listen to others and learn from their ideas Leadership qualities of kishore biyani would include openness, dedication, humility and creative. Path-goal theory:à this theory tells that it is the job of a leader to assist his followers for attaining their goal. The leader should also provide the direction and support to make sure the goals are compatible with the overall objectives of the organization .In the path goal theory the behavior of the leader includes directive, participative, supportive and achievement oriented. Trait theory:à Trait theory gives a clear idea between the leaders from the non leaders through these big five personality framework- Leadership traits: (Robbins Judge, 2009) Extroversion Conscientiousness Openness to experience Emotional stability agreeableness Transformational Leadership:à These leaders are those who gains trust and respect and pass a sense of pride to their followers, they also give a vision of the goals that are to be attained. They show respect to their followers and also provide attention to their followers. These leaders pass on an extraordinary effect on to their followers. They encourage their followers to be more creative and innovative just like themselves Transactional leadership: these leaders are those who motivates followers so as move to in the right direction so as to reach the set goals. They help the followers by clarifying their roles .they provide rewards when the followers gives high performance. If deviation occurs they take measures so as correct it. They only get into action when the standards are not met. Authentic leaders: Here the leader is considered as an ethnical leader by the followers. These leaders know who they are and they also know what they believe in and they value it. These leaders act on their values openly and candidly. The main quality of this type of leader is trust. These leaders believe in their ideals and sticks to them. They also encourage open communication these are few characteristics of this type of leadership. KEY FINDING SAM WALTON: Sam Walton was a businessman from Oklahoma and he had lots of difficulties in his college years. He had couple of jobs like in restaurants, paper boy etcWith lot of difficulties he managed his way out of college with B.A in economics. He believed in the retailing industry and he strongly believed America had lot to offer in the retail market. After leaving the military Walton took his first job in management of the Ben Franklin store that was in Arkansas at the age of 26.This store was a franchisee of the butler brothers. It was very successful because he was able to provide good at a very low cost by taking good from the lowest cost supplier. By Waltons leadership the turnover had gone by 7 times annually. Within a short span of time Walton was able to create a retail empire. At present there is thousands of Wal-Mart all round America. His leadership played a very important role in the success of the company. He is known as the king of the retail industry. There are about 2.1 millio n employees in the company. He always believed in the team and inspired his followers to think big and create new ideas. If people believe in themselves, its amazing what they can accomplish this was the concept he believed in. The big five personality frame work applies to him because he is having characteristics like openness to experience, emotional stability, agreeableness, extroversion and conscientiousness. He looks into different ideas and doesnt stick to one he is very flexible and if he believes in an idea he goes along with it to reach that goal he has set. Based on his study Sam Walton is a transformational leader because he gives personal attention to his co workers and also tells that few of the best ides in the company comes from clerk and stock boys. He provides vision and also gives rewards for the work they do. His leadership style has always had an extraordinary effect on his followers. Traits of authentic leaders are also seen in him because he knows who he is, and also believe in what he does and he acts on his values. If Sam believes in an idea that is superb and might be out of the ordinary if he believes in it, he works hard so as to achieve it no matter what KISHORE BIYANI: Kishore biyani is an exceptional leader and he is also known as the Indian Sam Walton. After completing his graduation in the commerce background. He went into the readymade garment retailing field without joining his family business. He believed in his own ideas while starting has a entrepreneur. Today he has a retail space of 3 million square feet and his future group is spread about 25 cities in India. Bloomberg business week has rated him has top 50 most powerful people in India according to 2009.There was an interview of in kishore biyani in CNBC-TV18 .when the interviewer asked him while starting your first business in Calcutta ,was it a success because of a pure gamble. To which he replied saying it was never a gamble, he told he knew what he was doing and was sure it would work. He also told that there were no signs or number calculation behind it. It was a gut and also an instinct that told him that it work. And when the interviewer asked him what do you think is the most re quired asset in company he replied saying to find the right people in the industry will be his biggest challenge. From this its clearly understood he is team player. He always believed in his team.kishore biyani is also known for diversifying from his field to different in the industry. According to the Hindu business line it was said that kishore biyani is going g to start their mobile services soon. Kishore biyani has also been chosen as the international retailer of the year by the national retail federation in United States of America Based on study on leadership I believe that kishore biyani can be related to the path goal theory he assists and shows them the way so as to reach their way. He tells them how the work has to be done in their organization and also makes sure the overall objectives of the company are met. kishore biyani sets a high standard and tries to achieve that goal and he always wanted to be the best not the biggest ,this shows us that he is achievement oriented and supportive with regard to the employees. Based on the study I believe that kishore biyani is a transformational leader and also traits of authentic leadership can be seen in him. He is a transformational leader because he has brought flexibility and creativity into the company from the starting of the company till were it is today .kishore biyani has inspired many followers and has left an extraordinary effect on his followers mind. This leaders are able to make their followers to look at old problems in new ways are made capable of making their followers to think in a differ way so as to achieve their group goals. Traits of an authentic leader are also seen in kisore biyani. Kishore biyani sticks to the ideals which he believes in and encourages communication that is open. Authentic people have the power to make people to put their faith in the leader.
Thursday, October 24, 2019
Essay example --
The word Starvation derives from the word starve which means to die or perish from lack of food or nourishment or to suffer of hunger. Starvation is a severe state of malnutrition characterized by a deficiency in nutrients, vitamins, and energy. It is the major form of malnutrition which is the lack of proper nutrition. Based on some of the information I researched on line, I found that the following are physical symptoms that may or could be a result of starvation such as decreased resting metabolic rate, drop in sex hormones, loss of monthly menstruation, bone loss that results in demineralization, bone growth failure and deterioration or loss in bone mass. These are of significant concerns because they can be irreversible, constipation, sleep disturbances, hypothermia, loss of lean body mass and changes in brain chemistry that increase food cravings. Starvation not only affects your physical heath but also your mental and emotional health. The cognitive effects of starvation may result in difficulty concentrating, apathy, which is the lack of suppression of passion and emotion. Starvation can also lead to poor judgment. The emotional effects of starvation could develop into depression, which is the state of sadness with greater and more cause to continue than that warranted. Starvation can also lead to the development of anxiety, a state of apprehension and psychic tension. This occurs in some forms of mental disorder. Irritability, the state of mind where everything bugs you and anger being the set of mixed painful frustrated and upset emotions and changing moods which I found out are a result of an imbalance of hormones and neurotransmitters. This can be a side effect and result of starvation,. The hormones and psy... ...ravenous feeding must begin the treatment. A formula consisting of 42% dried skim milk, 32% edible oil, and 25% sucrose plus electrolyte, mineral, and vitamin supplements are recommended for the first phase of introducing food to the body. The treatment back to health is an extended process first begins with liquids. Gradually, solid foods are introduced and a daily diet providing 5,000 calories or more is instituted. The problem is that the resources are not available everywhere and are even more limited by the lack of financial needs and access to above required items. If had the access and resources then the people would have the possibility and chance so they can recover from severe degrees of starvation to a normal stature and function. Children, however, may suffer from permanent mental retardation or growth defects if their deprivation was long and extreme.
Wednesday, October 23, 2019
Research Paper Puerto Rico
Juan David Vivas Professor Holt ENC ââ¬â 1102 Honors English Final Research Paper La ficcion y la realidad en Seva ââ¬Å"Seva: History of the first U. S. invasion of the island of Puerto Rico that took place in May 1898,â⬠is a story written by Dr. Luis Lopez Nieves that defies the boundaries of truth and fiction. This story was published on December 23, 1983 in the supplement of the newspaper ââ¬Å"Red Clarityâ⬠. A story that was able to leave a legacy behind. This legacy created an atmosphere of questions and answers among the people in the island.The devastation that puertorricans felt over the words they were reading were caused by a simple proofreading error, arose much confusion where people were desperate for answers, and the perfection of how Seva was written made it impossible to be questioned. Before I continue on informing about this dreadful story, it is important that I state several historical facts in order to accept the authors full credentials and obt ain a better grasp of the story. Luis Lopez Nieves was born on January 17, 1950 in Washington, DC, from Puerto Rican parents.As early as seven years old he moved to the capital of Puerto Rico and at fifteen years of age began his studies at the University of Puerto Rico, Rio Piedras campus. The most luxurious university to study at that time. During his second year he was in Greenwich Village, an artistic and bohemian neighborhood of New York (Ciudsv. com/Datos). At twenty years of age he returned to the University of Puerto Rico and in 1973 graduated with a degree in general studies with concentrations in Comparative Literature and Hispanic Studies.Then he moved to the University of New York at Stony Brook, where he began his Master's degree in Hispanic Studies with a grant from the Ford Foundation. In 1980 he received a doctorate in Philosophy specializing in Comparative Literature and sets a precedent by being the first student to deliver a novel as a doctoral thesis: The Prince Alexander excessive happiness. Lopez Nieves is the author of the novels The Silence of Galileo, published in June 2009 and The heart of Voltaire, published in December 2005 (Ciudsv. om/Datos). This writer is also known for his excellent work as a storyteller with his books of short stories entitled The real death of Juan Ponce de Leon, published in April 2000, Writing for Rafa, published in 1987 and Seva. The week this story was published, the people of Puerto Rico were shocked to learn that the first U. S. invasion of Puerto Rico did not occur July 25, 1898 by the town of Guanica but that it happened on May 5th on the coast of the village that no longer exists called Seva (Ciudsv. com/Datos).That day, the 2,000 troops of General Nelson Miles was ambushed by 721 patriotic ââ¬Å"savaenosâ⬠that resisted the American attack on the island and finally defeated the troops of General Miles. Actually it was not a historic victory but a great literary epic written by Luis Lopez Nieves (Ciudsv. com/Libros). A clarification that seemed to be absent on the published story of Seva in the newspaper Clarity caused much controversy in Puerto Rico since people were misled to believe the events occurred were true. The reaction was strong but confused. A harrowing mixture of joy, anger and pain.Joy because finally the old hated myth was destroyed of the alleged docility of puertorricans, their supine alleged delivery to the conquerors. At last, after many years of historical ignorance, puertorricans began to learn a few episodes of their true and heroic epic. Anger because such a vile act as the slaughter of Seva, and the total eradication of the people by the invaders, with good reason (Ciudsv. com/Libros). Pain because the people more courageous than ever, heroic even Lares, lay murdered, buried and forgotten under the planes, buildings and nuclear missiles of the naval base at Roosevelt Roads.After the Seva news, reports were confirmed that in Naguabo, Ceiba, Guayanill a, Rio Piedras, San Sebastian and several committees were organized within hours. The first committee was intended to find Don Ignacio Martinez, the only survivor of the slaughter of Seva: ââ¬Å"My life has changed forever because last January 17 after 14 months of searching disheartened, I finally found the child-without-ear-left: Don Ignacio Martinez. When the Slaughter of Seva was 9 years old (and not 7 as I had estimated) and now has 92, but looks much younger. (Seva, 45) à Another committee was organized to dig in the Roosevelt Roads naval base at any cost until they found the remains of Seva, ââ¬Å"The People Martyrâ⬠. In addition to the committees, a prominent psychologist met with the governor of Puerto Rico, Carlos Romero Barcelo, and demanded an investigation to give the whereabouts of Dr. Victor Cabanas. The Governor, given the facts, he was obliged to study the events. This reaction from readers and patriots is admirable, but there was a problem: Seva is a story , the result of a deep dissatisfaction with Luis Lopez Nieves history of Puerto Rico (Ciudsv. om/Datos). The newspaper Clarity, stunned by the events caused by the story he was obliged to publish an apology: ââ¬Å"The text Seva: History of the first U. S. invasion of the island of Puerto Rico took place in May 1898, published in the last edition of In Red, is a story. The same has caused shock and alarm in parts of the country because it suggests a major historical discovery. While some read the text as a story, it seems that most of our readers thought it was a sensational historical article, the product of a thorough investigation and risky.But this is a story and nothing else but a story that became the product of imagination and the combination of literary resources of its author, Luis Lopez Nieves. â⬠The immense controversy that caused Seva took the complete simplicity of just ââ¬Å"anotherâ⬠column in the newspaper to have immediate government intervention to find answers. It rose over the whole story that threatens to take folkloric proportions. In sectors of intellectual, artistic, and academic independence of the country there was another issue this week. At parties, businesses, libraries and homes continually arose gatherings and discussions on the Slaughter of Seva.Attitudes towards the story begin in the euphoria (ââ¬Å"Seva is a rallying cry,â⬠says Ferdinand Quintana, Guayanilla musician). Several crosses appeared in front of the Roosevelt Roads naval base with the inscription: ââ¬Å"Seva Lives! ââ¬Å"(Seviv. com/criticas). The ââ¬Å"Capitolio News Agencyâ⬠(The white house of Puerto Rico) assigned the reporter Jennifer Wolfe to travel immediately to Washington with the intention of interviewing Peggy Ann Miles, the granddaughter of General Nelson Miles that received Dr. Victor Cabins with ââ¬Å"biscuits, tea and very polite wordsâ⬠, a person that does not exist (Ciudsv. om/Datos). The poet Jose Manuel Torres Sant iago confirmed that following the clarification of the magazine Clarity to the effect that Seva was a story, many in Guayanilla and San Sebastian protested and refused to believe it was said then that Seva Editorial reality and fiction. Many refused to believe that Seva was a story and chose to stay with the version of Luis Lopez Nieves. A prominent nationalist claims to know a veterinarian who, in turn, had an uncle who spoke of Seva. ââ¬Å"Its Ceiba,â⬠the vet told his uncle. ââ¬Å"No,â⬠he replied, ââ¬Å"I do not speak of Ceiba but of Sevaâ⬠.This nationalist seemed very concerned and said that Seva is a reality. He resists, moreover, to believe that Don Ignacio Martinez is a fictitious entity created by Luis Lopez Nieves (Seva, p. 58). Fortunately, in the same way that people were wrong or did not understand the satire of Lopez Nieves, there were people who understood. A famous guayanillense wrote the following note with the real meaning of the story: ââ¬Å"Sev a is for me a reality of all Puerto Ricans, regardless of political positions, that could happen or has happened in our town that is still suffering the same symptoms of the past.But as long as men determined as Seva, Puerto Rico will have a firm hope, of all Puerto Ricans who believe in the values that the country means for everyone. Although they do not deserve to have benefits and come to mourn for what they have not earned or deserved. But we are all too ââ¬ËAy Benditoââ¬â¢ that we forgive him. â⬠(January 9, 1984, Jose Eugenio Rivera Castagnet) The elaborate and well detailed of the context in Seva presented the story so well that it was extremely difficult to determine fact from fiction.For the first time an author was able to take a story that was not true but because of historical events, it seemed as if it had happened exactly as stated (Seviv. com/critocas). This work is extraordinary. This paper published by Luis Lopez Nieves is a hit. It is an invitation to de lve into the history of Puerto Rico, for Seva is not far from the truth. Among the readers of Clarity are probably the most sophisticated, better informed and more critical of the island: professors and university students, boxes on the left, lawyers, labor leaders, and professionals (Ciudsv. om/Libros). The author wanted to share with the people the truth that good fiction reveals: the truth about puertorricans. That is, it looks like people get an immediate sense of patriotism to see how a town was erased from history. Puerto Ricanââ¬â¢s know the abuses that the American people rushed against Puerto Rico, the problem is that they forget or are given a blind eye when they give their coupons, housing and entertainment, among other things. They think that to swim against the current is comprehensive and to swim along is demeaning and insulting for the soul and freedom.So they are undecided and have a lifestyle like if nothing is happening around them (Ciudsv. com/Datos). We find r eality hard to believe and accept. The fiction on the other hand can easily be taken as true. How else can one explain that a publicity stunt by the author of Seva: The True Story of the American invasion in 1898 has caused such a stir, mostly clarifications and explanations from the area called the country's intelligence? Works Cited Lopez Nieves, Luis. Seva: Historia de la primera invasion norteamericana de la isla de Puerto Rico ocurrida en mayo de 1898. ra ed. Bogota, Colombia: Editorial Norma 2006 ââ¬Å"Puerto Rico: Cementerio de la acrobaciaâ⬠, revista Borinquen Grafico ââ¬Å"? Seva Vive? ââ¬Å". Site Oficial De Seva Vive. N. p. , n. d. Web. 25 June 2012. ââ¬Å"Datos Personales Y BiogrA? ficos ââ¬â Luis Lopez Nieves ââ¬â Ciudad Seva. â⬠Datos Personales Y BiogrA? ficos. N. p. , n. d. Web. 25 June 2012. . Seva ââ¬â Luis Lopez Nieves. â⬠Seva. N. p. , n. d. Web. 25 June 2012. ;http://ciudadseva. com/libros/seva. htm;.
Tuesday, October 22, 2019
advertising.
How sports teams utilize the internet for marketing/advertising. The Baltimore Blast website (www.baltimoreblast.com) provides a platform for the team to sell their product. In this case, soccer is the product and the fan base is the consumer. The website is an online advertising method to promote The Baltimore Blast soccer team and the Major Indoor Soccer League (MISL). The website enables fans to interact instantly with up to date information about MISL. Fans enjoy the convenience of shopping for tickets, schedule of games, available merchandise and events and promotions from their desktop.The website also enables fans to purchase their products from the internet. The website provides a private and secure method of payment and it hides account information from other vendors. With the website operating 24 hrs a day, 7 days a week fans can find great tickets to the game without the frustration of waiting in line or calling on the phone.All fans have access to in depth information about each team player.DSC_0004The roster gives each individual play er a profile providing the players personal information, career highlights, stats and picture. In addition, the website enables the fan to directly e-mail all Baltimore Blast players.If anyone wished to celebrate his or her birthday with the Baltimore Blast Team, you can do so by accessing the website. The website provides detail information on the cost of the birthday party what the birthday person receives and what the birthday package includes. Moreover, it gives you the address to where you would make the check payable.The website promotes marketing cooperation between competing teams. If you are interested in other MISL teams, the website offers a hyperlink to their official site.The content of the Baltimore Blast website is great. The website is useful and promotes the team.
Monday, October 21, 2019
The Contractual effect of a companyââ¬â¢s articles of association The WritePass Journal
The Contractual effect of a companyââ¬â¢s articles of association The Contractual effect of a companyââ¬â¢s articles of association IntroductionPart 1: The constitutional debateConclusionBibliographyBooksStatuteRelated ââ¬Å"The extent of the contractual effect of a companyââ¬â¢s articles has long been a subject of controversy generating much academic debate, interest and at times consternation.â⬠Griffin, S Companies Act 2006 ââ¬â altering the contractual effect of the articles of association? Company Law Newsletter (2010), pages 1-4. (Available on WestLaw).Provide an overview of the academic debate in relation to the contractual effect of a companyââ¬â¢s articles, highlighting specifically where the differences of opinion can be found. Introduction The Contractual effect of a companyââ¬â¢s articles of association has long been a contentious concept which is commonly referred to as the ââ¬Å"statutory contractâ⬠, distinguishable from normal commercial contracts and uniquely applicable to each and every member of a company as a separate and binding covenant[1]. S.33 of the Companies Act 2006 now forms the basis of this ââ¬Å"multi-partyâ⬠contract[2] and is the successor to s.14 of the Companies Act 1985. S.33 states that: ââ¬Å"the provisions of the companyââ¬â¢s constitution bind the company and its members to the same extent as if there were covenants on the part of the company and of each member to observe itâ⬠[3]. This formulation represents only a slight departure from s.14 which made no specific mention of whether the company was a party to the contract. This small lexical difference aside the words of the new provision largely replicate the language of the old and, in Sealy and Worthingtonââ¬â¢s opinion, mean that ââ¬Å"the same uncertainties seem destined to plague this areaâ⬠[4]. Since s.33 has come into force only two cases have mentioned it directly[5] and so the likely effects it will have are still largely theoretical and based on the controversy which dogged s.14. This essay will provide an overview of the companyââ¬â¢s articles of association and in part 1 will examine the academic debate which has surrounded both s.14 and now s.33. Part 1: The constitutional debate The academic debate on s.14 centers on the extent to ââ¬Å"which it regulated a companyââ¬â¢s obligation to adhere to the terms of its articles in relation to dealing with its membersâ⬠[6]. The extent of a companyââ¬â¢s contractual obligation was, as noted above, notably absent from the 1985 version and this was the catalyst for a vigorous debate into the precise boundaries of the company in relation to the articles. Astbury J argued that s.14 creates rights and obligations between the company and its members but qualified it heavily by saying that this only applied in relation to those articles which regulated the rights and obligations of members generally[7]. Griffin characterizes this, in light of the case law, as being that a member can enforce only those parts of the articles which relate to a ââ¬Å"pure membership obligationâ⬠[8] . Purely procedural issues, such as a memberââ¬â¢s right to vote at a company meeting would be denied where the meeting related to an internal procedure but accepted where the meeting related to a more substantial issue of constitutional significance[9]. As Griffin points out there was strong opposition to Astbury Jââ¬â¢s restricted view of the extent of a companyââ¬â¢s contractual obligation under s.14 with Lord Wedderburn arguing that the obligation extended to all obligations save those which related to merely ââ¬Å"internal proceduresâ⬠[10] and as long as it was pursued by a member qua member and Gregory argued that, without exception, a member should be able to enforce every obligation within a companyââ¬â¢s articles irrespective of status[11]. The new drafting of s.33, which is more expansive than s.14 in relation to the companiesââ¬â¢ contractual obligations, would seem to support Lord Wedderburn and Gregoryââ¬â¢s arguments[12]. As Griffin notes the wording was inserted late into the Company Law bill by Lord Wedderburn himself in the House of Lords and on a literal reading does reflect his teachings[13]. Section 33 has now been in operation since 2009 and it is still unclear as to whether it will evolve towards Lord Wedderburnââ¬â¢s views or remain entrenched with Astbury J. So far the courts have steered clear of deciding if it does[14] and Randall QC has only seen fit to mention the ââ¬Å"slightly changedâ⬠language of s.33[15]. Conclusion In conclusion the contractual effect of the articles of association, notwithstanding the altered language employed in s.33, will remain contentious for many years to come. The debates which plagued s.14 of the 1985 Act have not yet been exorcised by the Companies Act 2006 and the key question remains as to the precise extent of a companyââ¬â¢s contractual obligations under the articles. The lack of cases in the few years that s.33 has been operational would seem to hint that the courts are unwilling to give effect to Lord Wedderburnââ¬â¢s scholarly intentions much less Gregoryââ¬â¢s. Sealy and Worthington are right when they warn that the problems behind s.14 will be inherited by s.33: ââ¬Å"â⬠¦this provision [s.14] has been an endless source of varying interpretations and conflicting analysesâ⬠¦the same uncertainties seem destined to plague this areaâ⬠.[16] Bibliography Books Gower Davies (2008) Principles of Modern Company Law Sweet Maxwell: London Sealy Worthington (2008) Cases and Materials on Company Law Oxford Uni Press: Oxford Journals Gregory, R (1981) ââ¬ËThe Section 20 Contractââ¬â¢ Modern Law Review 44 p.526 Griffin, S (2010) ââ¬ËCompanies Act 2006 ââ¬â altering the contractual effect of the articles of association?ââ¬â¢ Company Law Newsletter Lord Wedderburn (1957) ââ¬ËShareholdersââ¬â¢ Rights and the Rule in Foss v Harbottleââ¬â¢ Company Law Journal p.194 Scanlan, Gary Ryan, Chris (2007) ââ¬ËThe Accrual of Claims for Breach of Contract Under s.14 Companies Act 1985 and s.33 Companies Act 2006: The Continuing Obligationââ¬â¢ Company Lawyer 28(12) pp367-371 Cases Cream Holdings Limited v Stuart Davenport [2010] EWHC 3096 (Ch) Fulham Football Club (1987) Ltd v Richards and another à [2010] EWHC 3111 (Ch) Hickman v Kent or Romney Marsh Sheepbreedersââ¬â¢ Association [1915] 1 Ch.881 Statute Companies Act 2006 Companies Act 1985 [1] Scanlan, Gary Ryan, Chris (2007) ââ¬ËThe Accrual of Claims for Breach of Contract Under s.14 Companies Act 1985 and s.33 Companies Act 2006: The Continuing Obligationââ¬â¢ Company Lawyer 28(12) pp367-371 [2] Gower Davies (2008) Principles of Modern Company Law Sweet Maxwell: London [3] Companies Act 2006, s.33 [4] Sealy Worthington (2008) Cases and Materials on Company Law Oxford Uni Press: Oxford at p.250 [5] Fulham Football Club (1987) Ltd v Richards and another à [2010] EWHC 3111 (Ch) Cream Holdings Limited v Stuart Davenport [2010] EWHC 3096 (Ch) [6] Griffin, S (2010) ââ¬ËCompanies Act 2006 ââ¬â altering the contractual effect of the articles of association?ââ¬â¢ Company Law Newsletter at p.1 [7] Hickman v Kent or Romney Marsh Sheepbreedersââ¬â¢ Association [1915] 1 Ch.881 at 900 per Astbury J [8] Griffin, S (2010) ââ¬ËCompanies Act 2006 ââ¬â altering the contractual effect of the articles of association?ââ¬â¢ Company Law Newsletter at p.1 [9] Macdougall v Gardiner (1875-6) L.R.1 Ch.D.13 (CA) [10] Lord Wedderburn (1957) ââ¬ËShareholdersââ¬â¢ Rights and the Rule in Foss v Harbottleââ¬â¢ Company Law Journal p.194 [11] Gregory, R (1981) ââ¬ËThe Section 20 Contractââ¬â¢ Modern Law Review 44 p.526 [12] Griffin, S (2010) ââ¬ËCompanies Act 2006 ââ¬â altering the contractual effect of the articles of association?ââ¬â¢ Company Law Newsletter at p.2 [13] Ibid at p.4 [14] Fulham Football Club (1987) Ltd v Richards and another à [2010] EWHC 3111 (Ch) at para 59 per Vos J [15] Cream Holdings Limited v Stuart Davenport [2010] EWHC 3096 (Ch) at para 27 per Randall QC [16] Sealy Worthington (2008) Cases and Materials on Company Law Oxford Uni Press: Oxford at p.250
Sunday, October 20, 2019
Supply Chain and Demand Model Essays - Distribution, Free Essays
Supply Chain and Demand Model Essays - Distribution, Free Essays Supply Chain and Demand Model Instructor Sam Pirnazar ECO/372 July 20, 2015 Introduction Supply Chain Model Supply Chain Management is the model of controlling the processes, materials, and different things that contribute in producing and delivering goods and services. Planning and communication is what drives management in the Supply Chain model. It is crucial for management to plan for future demand based on current and previous demand in order to inform the main stakeholders of the company so they can make informed decisions at the right time in order to avoid any major issues on costs or delays in production, etc. Managers must work continuously with the companys stakeholders to avoid any misunderstanding and to make sure there are no delays in productions and no unnecessary overhead. Supply Chain Management main objective is to enhance the flow. Which means that all areas are working on the same strategic plan to improve their current processes and cooperate with each other so everyone will benefit at the end and the outcome on productivity and processes is successful. This will create possible revenues for the organization and all stockholders will be happy. Bottom line, supply chain management requires the commitment of every partner in the supply chain to closely work to coordinate all aspects of the manufacturing process to the completion. This engagement will create an extended positive enterprise over and above the organization. Supply Demand Model The law of demand is defined as the amount of goods required and its direct relation to the goods price. Popular products are in high demand these days especially if there is a deal when it comes to the price. If the price of a good or product increases, or goes up, then people will usually buy less of it, due to the price increase. These people will usually find another product, which is less expensive and then decide to purchase that product instead. To really understand the point of the law of demand, then you should look at things like this, if there is a product that you would really love to own, but you cannot afford the price tag, imagine if that price of the product was reduced, to say, half the cost. You would definitely decide to buy the product, most likely along with many other customers. Therefore, the quantity demanded goes up, as the price of a product goes down. So to be clear, according to the class text, when the price goes up, quantity demanded goes down. When pric e goes down, quantity demanded goes up (Colander, 2013, Chapter 1). Relationship between supply chain and the supply and demand mode When it comes to supply chain and the supply and demand model there is a strong relationship, without one or the other neither would exist. The supply chain exists with the demand of the consumers and the products or goods that is needed by the public. The supply chain is described as the system of companies or operations that work together to design, produce, and deliver a product or service to a market, extending from the extraction of basic materials to the distribution of finished products or services. Think about it when a company is built there is a reason behind it someone saw that there is a demand for a certain product or service and so they build their company in order to produce the supply of that product or service. Once the company or building is built begins another part of the supply chain and all of this would not be possible if it wasnt for the demand from the consumer. So the relationship between the supply chain and the supply and demand model is that each operates independently, but it does dependent on the other. The Supply chain is then needed to research and acquire those supplies needed to build or produce the good or service for the company. The two combine to create the supply and demand for the company. When demand goes up, the supply chain will increase supplies to meet the demand Conclusion References Supply Chain Management. Retrieved July 17, 2015 from businessdictionary.com/definition/supply-chain-management-SCM.html#ixzz3gArb4tFBe Colander, D.C. (2013). Economics (9th ed.). Retrieved from The University of Phoenix ebook. sciencedirect.com.ezproxy.apollolibrary.com/science/article/pii/0377221796000987
Saturday, October 19, 2019
Difference Between The Regression Coefficients Essay
Difference Between The Regression Coefficients - Essay Example Suppose we want to test the autoregression of the dependent variable expenditure on the independent variable income we have to run the procedure REGRESS in STATA. Let us proceed as follows with two time periods with dependent variable expenditure (exp) and independent variable income (income):. by sort time per regress exp income. regress exp income if time per (time period 0) for eg.1987 to 1996. regress exp income if time per (time period 1) for eg.1997 to 2006To combine both in the constrained model, Expenditure is regressed on income for both time periods together as follow: . regexp income Null hypothesis: The regression coefficients do not differ significantly for the two time periods time period 0 and time period 1. Alternative hypothesis: The regression coefficients differ significantly for the two time periods time period 0 and time period 1. Chow test is being considered as an important tool in predicting the differences between the two regression coefficients when the grou ps are heterogeneously different. Even with the impact of dummy variables Chow test seems to be more robust in predicting the significant difference between two regressions under homoscedastic situations. Chow test is applicable in heteroscedastic situations.Breusch ââ¬â Pagan test is used in testing whether heteroscedasticity is present in a linear regression model. It is also used to test whether the estimated variance of the residuals from regression equation is dependent on the values of independent variable values.
Friday, October 18, 2019
What Is the Controlling Law, Testimony and Liability Research Paper - 3
What Is the Controlling Law, Testimony and Liability - Research Paper Example As an initial matter, vicarious liability refers to a type of liability that results from the commission of negligent acts or criminal acts committed by one or more persons that are, by law, thereafter shared or assigned to another person or other persons. (Hill v. McQueen, 1951: 484-485). Significantly, this liability via attribution is imposed vertically; more specifically, a person is subject to liability when a person or persons under its control cause some type of injury through negligent behavior, reckless behavior, or intentional behavior. In this case, Tex and Rex were sponsored by the resort and this sponsorship was made known to potential customers. In addition, the injuries sustained resulted from the negligence, and perhaps, reckless disregard of the resortââ¬â¢s agents, Tex and Rex. They knew, for example, that Molly had certain potentially hazardous inclinations; they knew that the injured party was ignorant when it came to horses; and finally, as experienced stable hands, they knew that injuries could result from placing inexperienced riders on such a horse. The resort might argue that Tex and Rex acted in excess of their duties or authority; however, an important principle of vicarious liability holds that ââ¬Å"An employer may be held responsible for the tort committed by the employee where the act is incidental to and done in furtherance of the business of the employer even though the servant or agent acted in excess of the authority or willfully or maliciously committed the wrongâ⬠(Ada-Konawa Bridge Co. v. Cargo, 1932: 7). The plaintiffs, as a result, should not be deterred by allegations that Tex and Rex acted in excess of their authority because this type of liability can still vest and include the resort as a responsible party.
Human Resources Management in Supporting Corporate Strategy Dissertation
Human Resources Management in Supporting Corporate Strategy - Dissertation Example man and operational risk in an organization 14 2.13Talent management 15 2.13.1Talent management in Abu Dhabi government 15 2.14Employee engagement 15 2.14.1 Culture Difference 16 2.15Total quality management in HRM 16 2.15.1TQM practice in UAE 17 Chapter 3 Methodology 19 3.1 Research Philosophy 19 3.2 Research Approach 21 3.3 Research Design 23 3.4 Data Collection Methods 24 3.5 Data Analysis 24 3.6 Limitations 25 Chapter 4 Findings and Analysis 26 4.1 Evaluation of the human resources system 26 4.2 Primary research findings 27 4.2.1 Analysis of the ethical questionnaire 27 4.2.2 Analysis Interview Questions Answers 30 4.3 Discussions 34 Chapter 5Conclusion& Recommendations 35 Chapter 6 Personal Reflections 37 References 40 Appendices 45 Research Proposal A 45 Interview Questions B 51 Interview Questions & Answers C 52 Online survey questions& Results D 59 Ethics Form E 71 List of Figures Figure 1 The number of respondents from different departments of Abu Dhabi 28 Figure 2The distri bution of the length of service of the respondent 28 Figure 3The responses of the respondents in response to the agreement of the Abu Dhabi vision 2030 29 Figure 4Ratings provided by the respondents with their concern about their respective departments 30 Chapter 1 Introduction Research Question What is the methodology that being utilized in the current HRM system of Abu Dhabi government entities and institutions? Is this methodology adequate to support Abu Dhabi business strategy in terms of recruiting and developing employees and managers? If yes, rationale support is needed. If not, rationalize it with evidence(s) and suggest solutions to improve the current methodology. Aim: The aim of this research to improve human resources practices in Abu Dhabi government entities that will support... The attainment of the prosperity and the generation of wealth has been the apex criterion of the government of Abu Dhabi and the Federation of the United Arab Emirates has highly relied on the people which it thinks to be the true wealth. For the purpose of the achievement of its role, federation of Abu Dhabi will be highly focusing on the achievement of its own comprehensive and multifaceted vision. The vision was targeted at the creation of a confident and security and also towards the establishment of a sustainable and globally competitive economy. The high level management of Abu Dhabi has entitled all the governmental entities in the preparation of a policy paradigm which would be consisted of a large number of integrated initiatives already implemented and will be incorporated in the future for the purpose of achieving sustainable development. For materializing the vision, there must be effective functioning of coordinated work within the governmental entities and that of the A bu Dhabi government. The continuation and distribution of the understanding of the objectives of the Abu Dhabi government will generate the superstructure of future success dynamics. The competitive and globalised economy depended on the influx of human capital, the dimension of the social and human resource policy incorporates within it a systematic amalgamation of multifaceted goals and initiatives which needs to be highly understood both by the government and the private sector as they act.
Research paper Essay Example | Topics and Well Written Essays - 1500 words - 14
Research paper - Essay Example This implies that racist organizations, as well as other antisocial organizations, exploit Internet to achieve their objectives. Social media networks are widely being used propagate vilification and hostility against other groups. In most cases, cyber-racism and hate speech in social media networks are characterized by cultural and ethnic divides. Although the Internet has revolutionized many areas of the human society, it also has far-reaching negative consequences when abused, misused or used without proper guidance. Dixit and Green (188) assert that the Internet is one of the platforms through which people propagate racial violence. It is observable that people can freely interact and express their views on the Internet without jurisdiction or geographical restriction. However, this freedom has not been accompanied by the responsibilities that it deserves. For this reason, cyber racists have seriously abused that freedom. Such groups often use the Internet as the avenue in which to unleash hostile sentiments against whom they consider detestable or unwelcome. In many cases, the groups or individuals that have been attacked do not take such prejudice kindly. They are likely to respond to such negativity in a similar negative manner or with a higher degree of counter-retaliatory abuse. Ultimately, it is easy to observe that the Internet is a potential battlefield for racist groups. It is also an avenue for extending extreme ideologies that result in social divide. Sexism is another largely contested consequence of the Internet usage. Sexism refers to the discrimination against women. It could be true that men and women have equal access to the Internet globally (Szoka and Marcus 69). However, the same cannot be said about online experiences of both sexes. It this case, women face a wider spectrum of discrimination. The discrimination is in many cases, multifaceted and to a greater extent
Thursday, October 17, 2019
The Unilever Company Research Paper Example | Topics and Well Written Essays - 1000 words
The Unilever Company - Research Paper Example The business model is a very important factor to be considered in any business, and it should be incorporated in the strategic plan of the organization. The business model gives the organization a plan on how it will perform its duties giving the routes to follow through the organizational infrastructure and policies. This gives the idea on how the organization offers services to customers and also the way the customers reward the services offered to them by the organization. It also gives managers foresight about the future of the company hence growth and development are prevalent in the organization. The model gives the general public the knowledge on how the business operates and in the other hand can be used in accounting to give a rim light on the organizational proceedings to the general public. This enhances confidentiality in the organization management by the adjacent customers and hence motivating them and drawing more new customers into the organization. The Unilever Compa ny The Unilever Company is a company that deals with processing goods that are internationally and multi nationally recognized. It was founded through company mergers that lead to a globally recognized company that produces foods, refreshers such as beverages, cleaning agents that are fast washing solutions and other products that are personal care such as lotions and perfumes. It is a company that its goods have been received positively by nations due to their quality. Due to the good business model employed by Unilever Company the revenue allocation for the company is very high in the world's market. Operations and Products The operations of Unilever Company are very admirable because the strategic plan of the company provides measures that boost its performances leading to improved services. This has been enhanced through the world wide branches that have enhanced wider regional support that has helped in the growth of the company. The marketing management of the company has give n a major setback on the Socio ââ¬â economic profile so as to enroll and attract more customers towards the company. The social economic sector will apply to the website creation so that more customers can access the goods offered by the company online hence improving customer management communication. This will help the management in identifying areas of weakness hence improving on them leading to better and quality services (Tuccillo, 2011). Unilever Company is a company that is branched systematically so that it can reach more customers in each and every country in the world. For that matter, it has national managers who are in charge of a country under the regional management (Armstrong, 2012). These work hand in hand to ensure that the company plans are executed in every country where they are but with respect the rule of law of the country. The business models that are employed by the Unilever Company have favored it through the competitive business market that is overwhel mingly growing competitive. This has led to major support leading to it becoming a multinational company. The other major boost of Unilever Company is the diverse models of goods that they offer (Tuccillo, 2011). They have featured every customer in their target leading to a larger market shares allover the world. The websites and the advertising campaigns that have been carried out through out the world by the company have resulted to better product marketing. Through advertising, more customers get the product's knowledge offered by the organization leading to converting them to be the future customers of the products. All this success has been made possible due to the good financial model that has been developed by the companyââ¬â¢
Difference of treatment between American Slaves and British Slaves Research Paper
Difference of treatment between American Slaves and British Slaves (British Slaves in the Caribbean) - Research Paper Example Slavery is considered to be illegal in many countries around the globe yet it is functioning with an estimate of 29.8 million slaves. This research is intended to look at the comparison among the slavery of America and British. The trend of slavery can be traced back since the beginning in both the countries, therefore, the trends have been different diverse in both the countries. At some point they have been extremely rigid and at times it have proven to be beneficial in the case of vegetation. The essential thing is that despite all the differences slavery has marked out the impacts in their culture even today. By the 1833 Parliament eventually eliminated slavery in the British Caribbean and the Cape. The slave trade was believed to be ceased in 1807; yet, it took another 26 years to influence the restraint of the imprisoned. Out of 16 million 10 million Africans sustained the journey to the New world, approximately one-third grounded in Brazil and among 60-70 percent ended up eith er in Brazil or the sugar colonies of the Caribbean (Higman 1995, 397)1. Among all of this merely 6 percent landed in United States. However, by 1860, round about two thirds of all New World slaves resided in the American South. Since a very long time it was broadly believed that southern slavery was unsympathetic and unkind as compared to the slavery in Latin America, where the church of Catholic emphasized had the right to get married, to request for leniency from an unsympathetic master and to buy their own sovereignty. Spanish and Portuguese colonists were considered to be comparatively less contaminated by ethnic prejudice than Latin American and North American slavery was considered to be fewer subject to the demands of an aggressive capitalist economy. In reality, nor the Church neither the courts endowed security to Latin American slaves. Right to use to sovereignty was larger in Latin America, however, in most of the cases masters untied, old age, smashed or merely unnecess ary slaves in order to free themselves from the economic burden. Death rates amid slaves in the Caribbean were comparatively higher than that of South, and the trend of suicide were more common. Unusual the slaves in the South, the West Indian slaves were anticipated to make their own food whenever they had spare time and to take care for the elderly and the unwell. The biggest divergence amid slavery within Latin America and the South is based upon demographic. The population trend of slaves in Brazil and the West Indies consisted of fewer proportions of femaleââ¬â¢s slaves, a comparatively less birth rate and an elevated proportion of the immigrants from Africa. In a prominent distinction, southern slaves comprised of a fair ratio of sex, an increased birth rate and a principally American national populace (Lewis 2003, 299)1. The slave rate in the United States was mostly different in the capability of the population to raise its number by the process of natural reproduction. I n the Brazil, Caribbean and Dutch Guiana, the death rate of the slave was elevated and the rate of birth rate of the slaves was low to such an extent that they themselves could not resist their populace devoid of imports from. The approximate number of children born in the beginning of 19th century of southern slave woman was about 9.2 as compared to others (Hagadorn 1851, 31)2. As in the Caribbean out of
Wednesday, October 16, 2019
Research paper Essay Example | Topics and Well Written Essays - 1500 words - 14
Research paper - Essay Example This implies that racist organizations, as well as other antisocial organizations, exploit Internet to achieve their objectives. Social media networks are widely being used propagate vilification and hostility against other groups. In most cases, cyber-racism and hate speech in social media networks are characterized by cultural and ethnic divides. Although the Internet has revolutionized many areas of the human society, it also has far-reaching negative consequences when abused, misused or used without proper guidance. Dixit and Green (188) assert that the Internet is one of the platforms through which people propagate racial violence. It is observable that people can freely interact and express their views on the Internet without jurisdiction or geographical restriction. However, this freedom has not been accompanied by the responsibilities that it deserves. For this reason, cyber racists have seriously abused that freedom. Such groups often use the Internet as the avenue in which to unleash hostile sentiments against whom they consider detestable or unwelcome. In many cases, the groups or individuals that have been attacked do not take such prejudice kindly. They are likely to respond to such negativity in a similar negative manner or with a higher degree of counter-retaliatory abuse. Ultimately, it is easy to observe that the Internet is a potential battlefield for racist groups. It is also an avenue for extending extreme ideologies that result in social divide. Sexism is another largely contested consequence of the Internet usage. Sexism refers to the discrimination against women. It could be true that men and women have equal access to the Internet globally (Szoka and Marcus 69). However, the same cannot be said about online experiences of both sexes. It this case, women face a wider spectrum of discrimination. The discrimination is in many cases, multifaceted and to a greater extent
Tuesday, October 15, 2019
Difference of treatment between American Slaves and British Slaves Research Paper
Difference of treatment between American Slaves and British Slaves (British Slaves in the Caribbean) - Research Paper Example Slavery is considered to be illegal in many countries around the globe yet it is functioning with an estimate of 29.8 million slaves. This research is intended to look at the comparison among the slavery of America and British. The trend of slavery can be traced back since the beginning in both the countries, therefore, the trends have been different diverse in both the countries. At some point they have been extremely rigid and at times it have proven to be beneficial in the case of vegetation. The essential thing is that despite all the differences slavery has marked out the impacts in their culture even today. By the 1833 Parliament eventually eliminated slavery in the British Caribbean and the Cape. The slave trade was believed to be ceased in 1807; yet, it took another 26 years to influence the restraint of the imprisoned. Out of 16 million 10 million Africans sustained the journey to the New world, approximately one-third grounded in Brazil and among 60-70 percent ended up eith er in Brazil or the sugar colonies of the Caribbean (Higman 1995, 397)1. Among all of this merely 6 percent landed in United States. However, by 1860, round about two thirds of all New World slaves resided in the American South. Since a very long time it was broadly believed that southern slavery was unsympathetic and unkind as compared to the slavery in Latin America, where the church of Catholic emphasized had the right to get married, to request for leniency from an unsympathetic master and to buy their own sovereignty. Spanish and Portuguese colonists were considered to be comparatively less contaminated by ethnic prejudice than Latin American and North American slavery was considered to be fewer subject to the demands of an aggressive capitalist economy. In reality, nor the Church neither the courts endowed security to Latin American slaves. Right to use to sovereignty was larger in Latin America, however, in most of the cases masters untied, old age, smashed or merely unnecess ary slaves in order to free themselves from the economic burden. Death rates amid slaves in the Caribbean were comparatively higher than that of South, and the trend of suicide were more common. Unusual the slaves in the South, the West Indian slaves were anticipated to make their own food whenever they had spare time and to take care for the elderly and the unwell. The biggest divergence amid slavery within Latin America and the South is based upon demographic. The population trend of slaves in Brazil and the West Indies consisted of fewer proportions of femaleââ¬â¢s slaves, a comparatively less birth rate and an elevated proportion of the immigrants from Africa. In a prominent distinction, southern slaves comprised of a fair ratio of sex, an increased birth rate and a principally American national populace (Lewis 2003, 299)1. The slave rate in the United States was mostly different in the capability of the population to raise its number by the process of natural reproduction. I n the Brazil, Caribbean and Dutch Guiana, the death rate of the slave was elevated and the rate of birth rate of the slaves was low to such an extent that they themselves could not resist their populace devoid of imports from. The approximate number of children born in the beginning of 19th century of southern slave woman was about 9.2 as compared to others (Hagadorn 1851, 31)2. As in the Caribbean out of
Professional Ethics of Detectives Essay Example for Free
Professional Ethics of Detectives Essay Criminal Justice Careers can be very exciting but also a risky job. Detective is one that interests me more. Detective went through intensive trainings. The profession requires Diplomas from high school institution they came from. It is also required that they take courses in English, Science, Mathematics, Social Sciences and Physical Education. Skills in foreign languages, journalism, and typing are also essential. Many of the police departments require one or two years of college coursework particularly in law, criminology and police science. Most police detectives were trained for six weeks up to several months, depending on the program they are attending. Those who successfully completed the training program will probably be assigned to detectiveââ¬â¢s duty permanently. They may be asked to take refresher courses consecutively to update their abilities and techniques. Since many private detectives were former police detectives, almost their education, skill and training requirements are similar to police detectives. Private detectives also acquired skills on the job from experienced private detectives. In some states, private detectives are required to have valid license and participate in specially systematized intensive training programs. Each state asks for a firearm permit. Detective is in charge for crime investigations and prevention. He is also trained to solve crimes against people and their properties. He can work for police departments or choose to be employed by a business firm and institution. Detectives can perform well through their highly specialized techniques and communication apparatuses that are technologys products. Detectives in any Police Departments are tasks to observe criminals actions, produce sources of information, and be in assistance in arresting criminals. They often work in civilian clothes, black robes, sunglasses, wearing huts to undercover themselves and also for protection of their lives. When on duty, they go to locations or places where the criminal often stay for the purpose of getting enough information of the suspects activities, people who mingle with him and his moves. For example, detective that is assigned in a gambling case spend his time at the suspects favorite clubs and bars, he acts as if he is also gambler and tries to learn as much as possible about the case. A detective may also find informers also witnesses from the neighborhood who might have information about the suspect. After gathering substantial evidences against the suspect, the detectives can now arrest the criminal with the help of police force. Other detectives who work for private agencies or individual client are often former police officers. Some of them were trained by the private agencies themselves. Private investigators collect information from police sources. They observe suspects and interview witnesses but they cannot arrest. Detectives work may be very rewarding, routine, safe or dangerous, depend on their assignments. For example, a police detective who investigates in drugs scandals may be exposed to the threat of physical violence or even death. Detectives often work in unstable hours and they even work during night, weekends and holidays. Their salaries differ from another; depend on locations, experiences, and the assigned responsibilities or tasks. In 2004, the median wage of a private detective is $32,110 per year while a police detective is $53,990 per year. Experienced detectives have special benefits such as pensions, life and health insurance, and payments during their leave or vacation. Lawyers and other private companies hire detectives to search information for court trials and to investigations including the passing of bad checks, and other illegal matters. Many insurance institutions also hire private detective to investigate insurance claims and dilemmas. Parents may hire them to search for their lost children. On the other hand, Private detective work as bodyguard for people who are in personal danger particularly special witnesses and politicians as well. Store detectives are in charge to investigate against customer shoplifting and dishonest employees. A bouncer ensures that order is served in restaurants, night bars, and other places of entertainment. House detectives, also known as hotel detectives are task to protect patrons from unexpected troubles and troublemakers. Detectives have their own Code of Ethics to follow. This Code is highly based in our Moral Rights and Conducts. Honesty and Integrity is its center. They have to give their full fidelity and sincerity to their client. All investigations should be legal, moral and professionally ethical. Preserving their clients confidence in all circumstances is also their duty as long as it is not contrary to criminal law. They must counsel their clients against any unethical and illegal course of action. A detective should also cooperate with the government and make sure that all their employees adhere to their code of ethics. He must retain his good reputation as well as his fellow investigators and professional associates. Some Ethical dilemmas are the officers misuse of his official position for expected or even actual incentive or gain, including opportunities and engaging in different forms of occupational deviance. Two of the most unique ethical standards of a detective are his honesty and good reputation. Cheating is one potential ethnical dilemma specific to this line of work that the code of ethics is meant to discourage. Since nobody is assigned to watch detectivesââ¬â¢ operations they tend to move slow in order to take gain from their clients. As a result, some of the criminal cases are hanged. Another dilemma is distortion of truth when ask to testify in a court. Some hold special evidences to prove the suspect guilty. For, example, if the detective investigates someone who is politically powerful, this influential person can pay the detective to hide the truth. They also sometimes use brutality in acquisition of goods, money and even power. As an economic man, people tend to do their job better when given money as their reward. Detectives should firmly stand as saviors and source of truths of the people and the government. The unethical activities of one detective might cause the public to condemn other investigative agencies and other detectives. This would be a false generalization. Huge majority of private investigators or private detective agencies operate with utmost respect for the law and strict in abiding the code of ethics. In a study entitled Perceptions of Ethical Dilemmas made by a group of people including Dr. McGrath, stated through a survey the twenty unethical behaviors of a professional found in the field of Criminal Justice.à The study showed that many detectives sleep during their working hours. Instead of searching information and watching for the every move of the criminal, they spend their time in entertainments. The conclusion of this study stated clearly that police officers views on unethical behaviors are related to their rank and length of time in the service. Those that are considered pioneers are more into disobeying the code. This data is somewhat intertwined into corruption. It is also possible that this can highly affect serious judgments of greater emphasis on ethical issues that now occurs in police training. Nevertheless, these study also emphasized that there is a need for strict implementation of the Code of Ethics from this high level positions.à Any career from criminal justice requires true and reliable professional. This will largely determine how clean oneââ¬â¢s government is. They are also a great help in maintaining the order and peace in the society. Any disobedience in the Code of Ethics can immediately affect the societyââ¬â¢s stability of good morale. Those who are in highest ranks must be loyal to the code and stand as models to their associates. References Woody, Todd. (May 29, 2000), DNA Detectives, retrieved on February 7, 2008, à from http://www.theindustrystandard.com Bufill, Jose A. (November 28, 2003), Ethical Dilemmas at the Beginning of Death, retrieved on February 7, 2008), from http://www.illinoisrighttolife.org/EthicalDilemmasDefiningDeath.htm Huon, Gail F., Hesketh, Beryl L., Frank, Mark G.,Frank, McConkey, Kevin M., and Dr McGrath, G. M. (1995), PERCEPTIONS OF ETHICAL DILEMMAS, retrieved on February 7, 2008, from http://www.acpr.gov.au/pdf/ACPR125_1.pdf
Monday, October 14, 2019
The Relationship Between Intellectual Property And Human Rights International Law Essay
The Relationship Between Intellectual Property And Human Rights International Law Essay The aim of this assignment is to consider the relationship between intellectual property and human rights. Intellectual property rights have spread out through many bilateral, regional and multilateral treaties and the importance of intellectual property is increasing with each passing day.à [1]à However, the rights stemmed from intellectual property have started up a harsh discussion with a human rights aspect due to its affects on human rights.à [2]à The problems derived from this relation have been developed in depth. In the first part, intellectual property-related human rights law and human rights-related intellectual property law are discussed. The TRIPS Agreement is analyzed and the discussion of whether intellectual property rights are human rights is examined according to the international instruments when appropriate. One of the more intriguing questions is whether intellectual property rights are human rights; to answer this, we should look at the international instruments. In part 2, the European Court of Human Rights decisions concerning whether the term possession in Article 1à [3]à of Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms includes intellectual property rights such as trade mark, copyright, patent. In part 3, TRIPS agreement and its impacts on the realization of human rights such as the tension between patents and right to health related to HIV and AIDS which mostly affects underdeveloped and developing countries are analyzed. I would like to clarify in advance that all related subjects concerning the relationship between intellectual property and human rights is not analysed since there are numerous branches stemmed from that relationship. Therefore, it is required to choose the most important and relevant parts of that relationship. For instance, some international instruments which are related to both intellectual property and human rights are not examined. Moreover, TRIPS Agreement does not only have negative effects on right to health but also on other human rights however only right to life is analysed due to the same reason. The relationship between human rights and intellectual property which were formerly strangers, are now becoming intimate bedfellows. This case is stated as For decades the two subjects developed in virtual isolation from each other. But in the last few years, international standard setting activities have begun to map previously uncharted intersections between intellectual property law on the one hand and human rights law on the other.à [4]à The interplay of human rights and intellectual property rights has reached new heights since the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) which was enacted in 1995 and hereafter states, courts scholar, intergovernmental and nongovernmental organizations (NGOs) such as the World Intellectual Property Organization (WIPO), the World Trade Organisation WTO), the U.N Commission on Human Rights and the Sub-Commission on the Promotion and Protection of Human Rights, The World Health Organization (WHO) and the Conference of the Parties to the Convention on Biological Diversity (CBD) has drawn more attention to this link.à [5]à Moreover, before TRIPs Agreement was entered into effect, there had already been some impacts to create this intimate bedfellow. The first one is the adaptation of non-binding document named UDHR in 1948 by General Assembly of the United Nations. After the Second World War, the problem of disregard and contempt for human rights broke out and the declaration arose from these affects of the Second World War which represents the first global expression of right. In the UDHR, the significantly important article in terms of intellectual property is Article 27(2) which is analysed below. In the mid-1960s, so as to make the UDHR binding, two covenants which are ICCPR and ICESCR were adopted. Under article 17 of the ICCPR and under article 15(1)(c) of ICESCRà [6]à the link between intellectual property and human rights is once more stated and more attention is drawn to that relationship and to the debates caused by this relationship. As a result, the relationship between intellectual property rights and human rights which is quite complicated and controversial has been at the centre of the heated debates for both IP and HR specialists for over half a century. The effect of IP rules on the ability of States to comply with their obligations under international human rights such as the duty to guarantee everybody access to affordable medicines is at the core of the debate.à [7]à Despite the fact that it is commonly known a perfect balance is probably unattainable, some international intellectual property rights such as the TRIPS Agreement recognise that optimal balance has to be created between intellectual property rights and human rights.à [8]à On the other hand, it is also argued that whether intellectual property rights are human rights. INTELLECTUAL PROPERTY-RELATED HUMAN RIGHTS LAW The International Covenant on Civil and Political Rights(ICCPR) and its two Optional Protocols, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights(ICESCR) which were adopted in 1966, 1948 and 1966 respectively, form the International Bill of Human Rights. These instruments have always been used to argue that human rights covenants identify intellectual property rights as human rights.à [9]à As it is stated above Article 15(1)(c) of the ICESCR is related to the intellectual property and it recognises the right of everyone to benefit from both moral and material interests resulting from any literary, scientific or artistic production of which he is the author. Moreover, Article 15 (1) does not only talks about the protection of the material benefits of the author but also recognizes the right of people to take part in cultural life, enjoy the benefits of scientific progress and its applications which means that article 15 impliedly mentions the need of balance between the rights of the author, who makes a specific contribution, with the individual and collective rights of society to benefit from this contribution.à [10]à According to some people this reading of the law is the proof of that the intellectual property rights are human rights.à [11]à 12 Similarly, as it is stated above Article 27(2) of UDHR is related to the intellectual property and intellectual property rights are enshrine as human rights in the UDHR under that article which states that everyone has the right to protection of moral and material interests resulting from any scientific, literary or artistic work of which he is the author.à [13]à However, Article 27 of UDHR and Article 15 of ICESCR lead to some questions such as all intellectual property rights are human rights. (instead of saying lead to some questions and giving only one example, say emphases that question whether intellectual property rights human rights? ) According to the intellectual property right advocates these articles show that all intellectual property rights such as patents, trademarks, plant breeders rights are human rights.à [14]à In order to give a reasonable answer to this question, these provisions have to be examined closely in terms of the meaning of the term author. According to the majority of specialists in both areas, the term author does not contain only the word writer but also the breeder and inventor.à [15]à In my point of view, these provisions refer to the word author and it covers the copyright protection due to the usage of term author in copyright.(so from your point of view what is author containing and why? Only saying due to it covers protection of copyright is not enough. Make more comment) However, the word authors has to be interpreted narrowly according to the VCLT rules.à [16]à Therefore, for instance, the protection of moral and material benefits of authors cannot include the meaning of protection of the benefits of a patent. In other words, when we take into consideration of Article 27(2) of UDHR and article 15(1)(c) of ICESCR it is concluded from the interpretation of these two articles that all intellectual property rights are not accepted as human rights under these provisions. why? ( mesela 15 in a b c fikralari ndan bahset bu fikralarin getirdiklerine ve neyden bahsediyolar, hr baglanti var mi yok mu, authordan bahsetmissin ama asil fikranin author icin etkisinden bahsetmemissin, yani author bu fikradan nasil etkilenecek ?) At that point, General Comment No 17 which was adopted by the ECSR Committee has to be pointed out regarding the question whether Article 15(1) (c) refers to the protection of intellectual property. According to the General Comment on Article 15(1)(c) of ICESCR, it is not possible to conclude that article 15(1)(c) protects intellectual property rights or lift up intellectual property to the human rights stratosphere.à [17]à This case is mentioned in some paragraphs of General Comment such as paragraph 1 saying that it is important not to equate intellectual property rights with the human right recognized in article 15, paragrap1 (c) by showing the reasons stated in paragraph 1 and 2 where it generally stresses the difference between human rights and intellectual property rights and paragraph 7 noting that intellectual property rights entitlements, because of their different nature, are not protected at the level of human rights. Furthermore, the committee limits the scope of the author term by stating that no legal entity can be deemed to be an author through implementing the words everyone, he and she by indicating the drafters belief that authors of scientific, literary or artistic productions can only be natural persons.à [18]à This interpretation shows that intellectual property rights are neither recognized as human rights nor mentioned under that article. For, intellectual property right holders in most cases are legal entities such as the large companies holding patents that can have a potential to affect the medicine attainability and exempting these companies is against its nature. On the other hand, in the light of general comment no 17, it can also be construed that not all intellectual property rights but only the natural owners intellectual property rights are recognised as human rights. Besides, article 12 of UDHRà [19]à , which provides protection against arbitrary interference with privacy, family, home or correspondence and against attacks upon honour and reputation, is also accepted within the wider intellectual property framework, such as an action for violation of confidence, trade secrets, moral rights and even personality rights.à [20]à ( bu paragraph hem kisa biraz uzun olmasi lazim hemde biraz bu konu hakkinda sende yorum yap) Moreover, the ICCPR does not provide a positive basis for the protection of intellectual property rights, but under article 17 it guarantees, indirectly, the protection of moral rights that there shall not be any unlawful attacks on a persons honour and repudiation and also Article 19 mentions the freedom of expression which contains right to receive and impart information and ideas which shows that there is further indirect protection for reputational rights.à [21]à (Freedom of expressionnun insanin en temel haklarindan oldugundan vazgecilemeyeceginden bahsedip Article 19 da da deginilmesi dolayli bir koruma getiridgine kanit oldugunu soylebilirsin) THE EUROPEAN COURT OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY Furthermore, the European Court of Human Rights has identified intellectual property rights as human rights when interpreting the term possession in Article 1 of Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In Anheuser-Busch Inc v Portugal caseà [22]à which is related to the application of brought by Anheuser-Busch Company to register the Budweiser as a trade mark which had already been registered as a designation of origin on behalf of a Czechoslovak Company, the Grand Chamber of ECHR held that IPRs undeniably attracted the protection of Article 1 of Protocol No.1 of the ECHR and that it is clear a trade mark falls within the scope of the term possession under that article. Similar decision was held for copyrights by ECHR in Basan v Moldovaà [23]à that the protection under article 1 also extends to copyrights.à [24]à Besides, in Smith Kline and French Laboratories Ltd v the Netherlandsà [25]à the ECHR indicated that pa tent amounts to a possession within the meaning of that article.à [26]à Thus, even if the scope of the term possession is not defined explicitly, there is no doubt that the intellectual property rights are protected by article 1 of protocol 1 of the convention. This interpretation is also mentioned by an author that: The concept of possessions in the first part of Article 1 of Protocol No. 1 has an autonomous meaning which is not limited to the ownership of physical goods and is independent from the formal classification in domestic law: certain other rights and interests constituting assets can also be regarded as property rights, and thus as possessions for the purposes of this provision.à [27]à ( concept of the possessionsi paragrafin baslarina al, caselar hakkinda cok detayli bilgi gerekmiyo bence ve sonlara dogru mahkemenin tutumunu kendi yorumunla acikca belirt) TRIPS AGREEMENT AND REALIZATION OF HUMAN RIGHTS After analysing the intellectual property-related human rights instruments, we should also examine the human rights related intellectual property agreement which is the Agreement on Trade Related Aspects of Intellectual Property Rights, more commonly known as TRIPS negotiated in 1994 at the Uruguay Round of GATT and the ratification of TRIPS became a compulsory requirement of WTO membership. Any countries willing to enter international markets facilitated by WTO have to comply with strictly enforced intellectual property law by TRIPS. This makes TRIPS a very critical instrument for maintaining intellectual property laws in the time of globalization. The TRIPS agreement that has a so-called major aim to enhance the standards of intellectual property rights, particularly in under-developed countries, has huge impacts on the realization of human rights through its implementation.à [28]à For, under TRIPS the protection of patents is strengthened however this strengthening has started being harmful for fundamental human rights such as right to health.à [29]à In other words, the nexus between the intellectual property rights and realization of human rights in under-developed countries occurs with regard to a number of human rights such as rights to health particularly in the context of the HIV/AIDS epidemics in Africa and India.à [30]à This is due to the fact that medical patents force countries to introduce product patents in pharmaceuticals, thereby not allowing the generic medicines which leads to dramatic drop in the prices of these drugs, adversely effecting the medicines accessibility and endanger the life of a subst antial number of persons, thereby the human rights to health.à [31]à In my point of view, TRIPS Agreement fulfils its own obligations partly by emphasising, impliedly under article 7, the need to balance the human rights and intellectual property rights, by not providing any method on how to accomplish this balance.à [32]à Therefore, the ways of achieving that balance should be inserted by a clause into TRIPS Agreement since in terms of right to health, the affordability and accessibility of medicines, particularly by needy people, are the two major components of right to health. As a result, TRIPS Agreement, contrary to its so-called aim to enhance the standards of intellectual property rights particularly in under-developed countries, has brought benefits only to developed countries and this has done by preventing the development of developing countries. Therefore, TRIPS Agreement should be amended as soon as possible. The reaction, against the impacts of intellectual property rights on the realization of human rights such as the significant changes in the drug prices, is also taken in hand by the Sub-Commission on the Promotion and Protection of Human Rights which declares that any intellectual property rights regime that which would make it more difficult for a state to comply with its core obligations in relation to the right to health and food would be inconsistent with the legally binding obligationsà [33]à of the concerned state.à [34]à CONCLUSION In my point of view, which is also the dominant view among people concerning the question whether intellectual property rights are human rights, intellectual property rights cannot be recognized as human rightsà [35]à since they are incompatible to each other. After the WTOs TRIPS agreement was adopted which made WTO countries to include patent protection for pharmaceuticals, this dominant view among authorities has strengthened and the view of adherents started to argue that the duties imposed by the TRIPS agreement, particularly in the form of medical patent, come in the way of countries fulfilling their international obligations towards fulfilling their citizens right to health, which is a well recognised human right.à [36]à Moreover, it is commonly accepted by many authorities, including authors and also the General Comment No 17à [37]à regarding the Article 15(1) (c) of ICESCR, that defining intellectual property rules as human rights is problematic at the theoretical level since on the one side human rights are the rights that are inalienable and part of universal entitlements that are not limited in time or space and cannot be suspended or curtailed. On the other side, Intellectual property rights are limited-duration statutory rights which are granted by the State. Furthermore, it is not really logical to recognise intellectual property rights as human rights whereas human rights such as right to health are recognized as rights that are inherent to mankind by virtue of their humanity. Besides, they can be curtailed in certain circumstances where they conflict with the larger interests of society.à [38]à The reason of focusing on the underdeveloped and developing countries is that HIV and AIDS affect people living in poorer countries to an exponentially greater extent than people in rich countries.à [39]à ( bence, son cumleyi bu konuyu anlattigin yere eklersen daha iyi olacak gibi cunku genel bilgi verirken ozel bir aciklama yapmissin)
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