Competing with Information Technology Essay

Chapter 2 introduces fundamental concepts of competitive advantage through information technology and illustrates major strategic applications of information systems. Information Technology (IT) professionals must understand how to use IT systems and technology to deliver a competitive advantage to the organization. Information systems and technology should provide more than a cost savings benefit to organizations. Today, IT solutions are expected to provide the means to surpass a competitor’s performance. As discussed in Chapter 1, the role of IT professionals is changing. Currently, there is an evolving term, business technology, which is used to describe the emerging role in IT. IT professionals are becoming more and more integrated with the business operations of an organizations. The Real World Case Study 4, â€Å"IT Leaders: Reinventing IT as a Strategic Business Partner,† describes how one organization is reorganizing to better utilize IT to increase business benefits and contribute to a competitive advantage. It is important for an IT organization to utilize IT to reduce the cost of running the business, grow the business, or develop new services to change the business. To position an organization to better provide its products and services, an understanding of the competitive forces is needed. Michael Porter identifies five threats that require business strategies ensure that an organization can out-perform other competitors. They are: 1. Rivalry of competitors within its industry 2. Threat of new entrants 3. Threat posed by substitute products that might capture its market share 4. The bargaining power of customers 5. The bargaining power of suppliers To counteract these threats, competitive strategies must be developed to address the potential risks an organization may encounter as it strives to maintain its position on the market place. The competitive strategies are: 1. Cost Leadership Strategy 2. Differentiation Strategy 3. Innovation Strategy 4. Growth Strategies 5. Alliance Strategies 6. Other Strategies These strategies can be used either individually or in a combination to position an organization to better compete for the future. An example of an organization that is utilizing IT to change how it does business and remain economically viable in the future is the online magazine Cross Talk. In the 1990’s, Cross Talk was printing and mailing the magazine to subscribers. With a decrease in funding, this organization had to develop ways to reduce costs, deliver its services to its subscribers, grow its subscriber base, demonstrate its value above other on-line content providers, and justify why it should not be eliminated. Cross Talk is now available at its new website in either an online digital flipbook format or PDF version—CrossTalk is now completely electronic. This change reduces their carbon footprint and allows them to bring the journal to their readers in their preferred and most convenient format. This is also CrossTalk’s first step towards reaching new reader devices and enhancing the suitability of the journal for our increasing electronic readership. Customer Value Customer value has become a driving force in the world economy. A key success factor for many organizations is developing customer value by increasing customer loyalty, anticipate their future needs, respond to customer concerns, and provide top-quality customer service. One example is Southwest Airlines. Not only have they automated ticket sales via the Internet, Southwest also sends special offers regarding discounts available at my destination, emails to remind customers that the trip is â€Å"around the corner,† text alerts if a flight is delayed, and offers incentives to fly with them. It seems that Southwest Airlines provides a personal assistant to help make the travel experience more enjoyable. Think about how some of your favorite businesses are creating customer value for you. Internet Technologies Many organizations use Internet technologies to create a strategy to offer fast, responsive, high-quality products and services tailored to a customer’s individual preferences. Internet technologies make customers the focal point of customer relationship management (CRM) and other e-business applications. New technologies such as wikis and blogs are also being incorporated as a means to provide enhanced customer experience. Such communications enable continual interaction with customers by creating a cross-functional collaboration with customers in product development, marketing, delivery, service, and technical support. Television is taking advantage of this capability. TV news shows are reading and answering emails and some reality TV shows allow views to vote for their favorite contestant, preferred ending, or favorite commercial. Using the Internet technologies, business units are better able to shape and offer products and services. Value Chain The value chain is another concept that helps to identify opportunities for strategic information systems. It views an organization as a series of basic activities that add value to its products and services. In this framework, activities are organized into primary and support processes. From the business understanding gained by analyzing an organization’s value chain, the IT organization can determine where to best apply IT systems and technology. The following value chain graphic provides an example of how and where information technologies can be applied to specific business processes to gain a competitive advantage in the market place. Value chain offered by information technologies. Business Reengineering Often times, to remain competitive, an organization must consider more than just where and what IT systems and technology solutions should applied. An organization must look at how it actually does business and then reengineer its business processes. Business reengineering requires an organization to re-design how it does business by eliminating stove-piped, silo organizations and functions, develop an improved understanding for opportunities for information sharing, and instituting enhanced stewardship regarding an organizations data and business processes. Agile Companies The rate of change is increasing and organizations must be able to quickly respond to changing market trends. Standardized, long-lived products and services are giving way to globalized, niche markets which offer products that are individualized and short-lived. To become an agile organization, an organization must consider the following strategies. 1. Provide a solution that customers perceive as a solution to an individual problem. This allows the product to be priced based on value rather than cost to produce. 2. Cooperate with customers suppliers, and other companies to quickly bring the product to market. 3. Thrive on change and uncertainty. 4. Leverage the individuals and knowledge of the processes. Become entrepreneurial in spirit. Knowledge as a Competitive Advantage To remain competitive, organization must become a learning organization. Organizations must be able to capture the knowledge of the organization, learn from this knowledge, and then use it to enhance its offerings. Knowledge Management Systems facilitates an organization’s ability to capture and then utilize its knowledge. Understanding and being able to utilize this â€Å"unstructured date† is key to developing and maintain a competitive advantage. Information capture includes processes, procedures, patents, reference works, best practices, etc. This integration of knowledge helps an organization become an innovative and agile provider of high-quality products and customer services, and potentially a more formidable competitor in the market place. Leaders in information technology are expected to be not only a technology professional but also a business professional. Many are tasked with finding emerging business opportunities, driving growth, encouraging innovation, and engaging customers. This provides a tremendous opportunity for you to step up and co-create and ultimately shape the future business vision. Collaborating with the business will not be enough—you don’t just provide the technology but jointly own the success and failure of business initiatives. IT Portfolio Management and Governance An emerging trend is enhanced IT Portfolio Management and Governance as a means to effectively apply IT systems and technology to business needs. According to Richard Spires, DHS CIO, in his blog post entitled Getting Program Governance Right Helps Ensure Success on the federal CIO Council Web site: Complex IT systems encompass at least a half-dozen stakeholder organizations that must be synchronized, including the strategy organization, the business or mission owner of the system, IT, finance, procurement, security, and privacy. Ensuring all key stakeholders are involved in key decisions is an essential element to assuring genuine alignment. Program Governance Boards provide guidance, decision-making, and oversight of one or more programs. The function of the Program Governance Board is not to usurp the authorities of the Program Manager (PM), but rather to provide a forum by which the PM can bring key issues and trade-off decisions to an informed, empowered body that has a vested interest in that program’s success and views the PM as a trusted advisor and true subject matter specialist. IT organizations must determine where to invest time, people, and money in current and new IT systems and services in order to enhance the value of products and services. To do this, many organizations are categorizing offerings into individual portfolios and establishing a strong governance structure to guide the selection and investment into solutions. Enterprise Architecture Organizations are establishing an Enterprise Architecture (EA) to inform, guide and constrain the investment decisions made by governance boards regarding IT systems. The Federal CIO Council defines EA as: Enterprise Architecture is a strategic information asset base, which defines the mission, the information necessary to perform the mission and the technologies necessary to perform the mission, and the transitional processes for implementing new technologies in response to changing mission needs. An enterprise architecture includes a baseline architecture, target architecture (sometimes referred to an as-is and to-be), and a sequencing plan. An EA identifies which processes and IT systems to standardize and integrate. The benefits of an EA are reduction in IT Costs, improved IT responsiveness, guides the proper selection of IT solutions to ensure the accomplishment strategic business outcomes. The components of an enterprise architecture is described in the figure below: Various layers of an enterprise architecture. (Source: NIST) Conclusion How does your organization determine how to invest in IT? You might see if one of your organization’s senior executives is available for a 30 minute meeting to discuss how the organization determines what technologies to invest in as a corporation. Think about questions to ask. Some examples might be: how is an business need identified? How are IT investments justified? Who are your competitors? If you work for an IT consulting firm, you might as how the company decides what contracts it will bid on. It can be said that our use of IT systems and technology is equivalent to when we were using rotary telephones. As you complete your Masters Program at UMUC, remain watchful of emerging trends in the IT industry, how it will be utilized to gain a competitive advantage, and what impact it will have on the skills needed by an IT professional and the organization structure required to take advantage of the advancements in technology. Trends currently occurring that may be worth watching are: cloud computing, software as a service, virtualization, social networks, and mobile computing. It is through developing learning as a life-long habit, remaining aware of trends in the industry, and understanding the impact that technology has on a company’s ability to compete that you, as an individual, will be able to keep your skills current, agile, and competitive.

Review of “Roses” by Kanye West

Student Project Presentation In 2005 Kanye West released â€Å"Roses† on his second studio album titled â€Å"Late Registration. † Though the composition is classified as hip-hop, it delves into many other genres and niches as it encompasses a wide-ranging mix of blues, rock, R&B, and many others. The extensive collaboration between West and film score producer Jon Brion during the making of the album resulted in a very unique orchestral-like sound thanks to the hiring of a full string section during production.The entirety of the album could be considered a breakthrough as it redefined the genre and what typical hip-hop was expected to sound like by juxtaposing heavy hip-hop beats with orchestral strings. It is this contributing factor that makes it so difficult to compare his musical style to that of any other artists. Although I thoroughly enjoy â€Å"Late Registration† as a whole, â€Å"Roses† is my favorite composition due to the lyrical substance and the manner in which West chose to express his story.West composed the piece entirely himself, a deeply moving story where he recounts his emotions and those of his family as his grandmother lay ill due to heart complications and his views of the healthcare system. Although he did not write out his lyrics at the time, this did not hinder the meaning of the composition in any way as his passion and conviction are still evident in the tonality of his voice and heart felt words as he ever so clearly conveys his story to the listener.The Grammys classifies the composition under its rap category. In 2006 â€Å"Late Registration† was nominated for five Grammys of which it won three for best rap song, best rap solo performance, and best rap album. In my opinion the category suits the composition because though it is not typical, it still is rap. I believe that this song should be a part of our course because of its element of improvisation, which is one of the cornerstones of Jazz.A s I mentioned before, West did not write down any of his lyrics for the composition, or for any of his first four studio albums for that matter, it was all improvised from his head straight to the recording, similar to the bass improvisations of the great Charles Mingus. It can be said that the compositions does have a rhythm section, yet it is not one composed of human players. Instead what you hear is an eclectic mix of synthesized instrument clips compiled into a beat.In the composition West raps over piano and a slow rhythm with the chorus then bringing in trumpet riffs, electric guitar, and vocal sample from Curtis Mayfield’s composition â€Å"Rosie. † So all in all, I am happy to have been able to elaborate on this composition and shined some light on many details and elements that may have been overlooked or just not known by you guys, the listeners. I could only hope that you enjoyed the music as much as I did and am glad to have been able speak to you about a composition that I really admire.

I Know Why the Caged Birds Sing Essay

1. In the memoir the passage reveals Ritie’s self image. She characterizes herself as unappealing she does not see beauty within who she is. Ritie’s childhood led to her insecurities. When she was younger her parents took her to move with her grandparents. She believed her parents dishonored her. Ritie did not find her skin beautiful. She believed white was beauty. She was an uncomfortable in her own skin. She tried to become someone she is not because she knew how everyone view and felt about her. Since her childhood she received her appearance. Ritie kept her identity intact by not letting peoples judging and views influence her. 2. After years of separation Ritie’s relationship with her mother is respected. She respects her mother for who she is. Ritie sees her mother as a strong women, she knows her mother will also love her for who she is. Ritie admires her mother she looks up to her. Her love for her grandmother is more of mother daughter bond. Ritie’s role model is her grandmother and she is proud to say it. She sees her momma as a strong powerful person. She is tough but loving. Ritie’s wants to become like her grandmother, she loves her. 3. Maya knew she was different. She knew she did not fit in with the other girls in school. She did not feel that she was equal with everyone else she felt as she did not belong with the other children. She did not associate with anyone. She would isolate herself in a store. She barely socialized with any children. She stayed away from children her age even others. A comparison to race was when she was younger her tooth ached. The dentist was not willing to work with her. He was very racial and only worked with white patients. Ritie’s family copes with racism by not letting it affect them. They ignored, they maintained their dignity. 4. At the end of the memoir Ritie learns what might seem right to you will not always be viewed the same with others. For one to hare greatness they must go through obstacles. She learns everyone has the own definition on what is wrong and right. Ritie applies this when she had her baby she grew up and it gave her confidence in her baby. She always did what was best for her baby. 5. Why the Cage Bird sings shows that there is always a light at the end of a tunnel. When there’s darkness and disadvantages there is always hope to find your path. It shows they had to deal with negativity and racism but they took that and turned it into positive. The title relates they went through many struggles but in the end they can be free. 6. Adversity in the story delt with abandonment, racism, childhood trapped, unacceptance, also religion. In Mayas case she and her brother were sent to live with their momma in Stamps, Arkansas. She always had it in her mind that her parents were not alive. When she found out they were she had the feeling of abandonment she felt that they did not want her. When Mayas dad comes to get them she does not want to leave. She got use to Stamps. She overcomes her adversity by realizing her parents were going through a difficult situation. 7. Lessons can be learned about the South. Situations are never easy but you have to make the best of it. In life we are always going to struggle but we must stay strong and not let it get the best of us. There are always going to be people who judge you or don’t accept you. But if you know who you are and where you come from that’s all that matters. Another lesson is when should not try to be. Someone we are not we must appear ourselves because no one is perfect. We all have insecurities about ourselves but we should love who we are. Natasha De La Cruz Grade: 10 Title: â€Å"Bless Me, Ultima† Author: Rudolph Anaya 1. During the World War 2 actions occurred in this novel. In the novel a women lost her sons due to the war. Gabriel had both of her sons fighting in the war which was also significant hat occurred was a veteran shoot Chavez because he was affected by the war. 2. The characters adapt to the landscape because of the family’s different life livings. Antonio had to live two different life styles. His mother’s families were simple farming people. It was easier for them to farm everything was more nourishing. His father’s family was rougher around the edges. They were more independent and the land was harder to work with. Both families had their own values. 3. A movie that relates to this novel is Ruby Bridges. Both Ruby and Antonio go through struggles in their life to make something out of them. The film is about a young six year old African American girl who had enough potential to get into a better school for a better education which was in an all Caucasian school. Around that time racism was still around. Ruby was the only African American girl in her class, which then led problems to the parents of the children in her class. No one accepted her in the new school except her teacher. Throughout the beginning she had faced crowds of white citizens against her physically and emotionally. One day she was encouraged by her teacher and her mother who gave her strength and she made it through. She became significantly important in the civil rights movement.

PROJECT Research Paper Example | Topics and Well Written Essays - 2250 words

PROJECT - Research Paper Example The job rotation can also decrease the problem of overtime exploitation. Name Professor Subject Date Introduction Resource management differs from one field to another field. For many people having a general background in environmental sciences, interest in the issues pertaining to resource management remains within the environmental issues (Howitt, 107).Human resource management remains caught somewhere in the twilight between a science, an applied area of management practice, an ideological or consulting statement about how firms should manage their employees, and a heterogeneous amalgamation of administrative tools (Kaufmann, 321). Within the same context, it has been suggested that the most appropriate focus for human resource management should be the governance of employment relationship (Storey 81).One of the biggest problems for the Wal-Mart is to control the problem of managing its human resources. Recently, overtime exploitation has been reported on the various workplaces of Wal-Mart. being one of the largest and biggest company of the world, Wal-Mart has employed a considerable number of employees across the globe. It employs several hundred thousands of employees in numerous capacities. The major reason for such a level of employees is to fulfil the expanding needs of the company. It originated in the United States and opened its outlets in Asia and other far regions of the world. However, with the passage of time, overtime exploitation has become a common practice in various operational facilities of the company as the store managers in collusion with the payroll staff members have forced the workers to give unofficial overtime. They have used different tactics and methods for forcing the workers for this activity. The official working hours remain 40 hours per week. Every employee is required to work eight hours per day and five days a week. However, the store managers and the payroll staff members have created a situation in which the workers are forced to give additional but illegal overtime. In the following parts of this paper, the issue has been highlighted. Its various techniques and methods used by the store managers and payroll officers have been provided. It is followed by the causes of the problems. In which greed of store managers and the insufficient impartial supervision and inspection of stores have been mentioned. It is followed by the data collection method. After that, some solutions have been discussed such as ethical training and development sessions and job rotation have been suggested before the conclusion part. Problems in Managing Resources Wal-Mart has been a centre for many human resource management issues including gender based discrimination, overtime problems and so on. Although Wal-Mart has put in place a very stringent human resource management policy concerning overtime; it only allows a 40 hour work week and nothing more than that (The Good and Bad of Wal-Mart Culture). However, some instances highlight that the store managers using their authority exploit the workers to work overtime. As overtime was officially disallowed, the store managers often forced workers to clock out after their shift time was over and then they continue working. In other instances, the store managers asked the workers to begin working as soon as they reach to the stores and most probably before they could clock in. Moreover, the door lock tactic was used for the

Learning Styles Coursework Example | Topics and Well Written Essays - 1000 words

Learning Styles - Coursework Example However learning styles have been criticized stating that in achieving goals and learner’s motivation, teaching or learning based on learning styles have very little impact and does not play a significant role and might typecast the learners (Coffield et al, 2004). Using the Learning style inventory assessment questionnaire (Honey and Mumford, 1992), I learnt that my preferred way of learning or learning style is reflector. In the present paper a critical reflection of the identified learning style in the context of three personal development goals is analysed along with the critical evaluation of the internal and external factors contributing to the attainment of my personal development goals and at the end learning developmental plan is giving on SMART principles. Critical Analysis of Reflector Learning Style Kolb (1984, p.38) who developed learning cycle defined â€Å"Learning as the process whereby knowledge is created through the transformation of experience†. Base d on Kolb’s (1984) learning cycle, Honey and Mumford (1992) developed the ‘learning styles inventory’, and according to Honey and Mumford (1992, p.1) â€Å"the term learning styles is used as a description of the attitudes and behaviours which determine an individual’s preferred way of learning† and no learning style is superior to that of another. The below figure gives the four learning styles developed by Honey and Mumford (1992), where they said that people either learn through teaching or experience and explained four learning stages and suggested that a person may start learning at any of the stages illustrated below. Figure 1: Honey and Mumford: Typology of Learners (Honey and Mumford, 1992) Honey and Mumford (1992), state that a reflector collects information and evaluates it before coming to a conclusion. Reflectors until and unless are sure about the conclusion does not give their opinion or judgement as they are very cautious and thoughtf ul. Reflectors favour intellectual activities, situations that are passive, for participative activity need substantial briefing beforehand, preparation time, thorough research, learning situations that are structured and do not favour pressure or time limits. They do not cope up well with lack of adequate information and well laid instructions, spontaneous thinking and time bound activities (UMIST, 2003 and University of Southampton, 2003). My main personal goal is to become a Diplomat and a good martial arts teacher because I am interested in diplomatic service and learning martial arts from a long time and want to impart the knowledge to others and popularize the art form, other than that I want to score good grades in the Business Management course, the below analysis examines whether my learning style helps in achieving these goals. A critical reflection of the identified learning style-Reflector in the context of three personal development goals. Basing on the principles of C- SMART goal setting that stands for the goals that are Challenging, Specific, Measurable, Achievable, Realistic and Timely (Life Rocks, 2007; ECU, 2010; University of Ballarat, 2012) I have set my goals as follows. I want to become a Diplomat and a Capoeira martial arts teacher – an Afro-Brazilian martial art combined with dance but before that I want to secure good grades in the Business management course ending May 2014. I want to secure A+ grade in the course, meanwhile work part time as a Capoeira martia

Training and Development Research Paper Example | Topics and Well Written Essays - 1000 words - 1

Training and Development - Research Paper Example For example, if a sales agent values success in the form of promotion and commission on sales as the most important objectives and also considers that a particular sales training program will help him achieve this objective, his expectancy for the training program will be increased and the outcome valence will also be valued. Hence, the agent will perform through an extra effort in the training session and will therefore succeed in it. For the company, the case of this sales agent will be very beneficial as the improved performance of the sales agent will also boost up the sales figures of the company. The benefits that the company can gain from applying this theory are humongous as the company will not only succeed in the short run with the performance boost of the employee but will also keep on reaping benefits from his performance until he leaves the company (National Research Council, 1998). Thus, it is quite evident that there are phenomenal benefits for the company, as well as the employees, if Expectancy theory is applied to the job roles and trainings for the employees. In order to implement the theory practically, the human resources department of the company has to come up with certain measures that would ensure a systematic procedure for carrying out the process required. The human resources department of the company should first clearly identify the ultimate goals that the company wants to achieve in the long run. After clearly identifying the long term objectives of the company and of the relevant department, the concerned authorities will have to identify the goal performances that are needed from the employees to ensure their success. The department has to be specific about the performance requirements and the feasible activities because with the already burdensome job criteria’s, the employees are usually reluctant to take part in the new initiatives. To ensure the optimal motivational levels of the employees, the human resource people sh ould sort all the possible training and performance tasks and come up with a few selected performance measures. Once the required tasks are selected, then the concerned people will have to launch an extensive awareness campaign for the employees (Human Performance Journal, 2002). The awareness campaign should appeal to the employees and show them how much, opting for the desired initiatives will benefit their individual positions. While, promoting the benefits the members should keep in mind how much the employee values certain things. They need to consider whether the certain employee aspires, position, pay raise, allowances, benefits and perks, involvement in projects, or success in initiatives. And depending on their preference, the concerned persons shall have to approach them and change their attitudes towards the initiative. Then the department has to set up platforms through which they can communicate the same objectives to the employees. These mentioned steps will help the e mployees in correlating their efforts to the benefits, and help them analyse the opportunity an optimistic manner. This initiative of the department will motivate the employees in opting for the initiative and benefiting themselves as well as the company in the long run (Noe, 1999). However, the scenario of implementation requires certain key measures

California Dream Essay Example | Topics and Well Written Essays - 1250 words

California Dream - Essay Example The history of the notion traces its roots in late 19th century, when California was considered to be the golden state of America, as it literally had huge golden resources, which led to the California Gold Rash of 1848-1855 (Brands 103).Hence, bunches of immigrants flew to California, hoping to gain easy wealth and live happily ever after. Since then the name of California became closely related to the image of smooth happy life with wealth and prosperity. California Dream initially meant the life that Americans strived to achieve, because they believed that moving to California would mean constant luck and prosperity. One of the important reasons why California was considered to be a heaven on earth is because California is a state rich for resources, pleasant climate, and multiple job opportunities. In some time the original term was slightly changed and transformed in people’s minds. As far as California was rapidly growing, multiple industries have appeared in the state. They include film production of Hollywood, the Silicon Valley with its enormous technological development, California wine industry etc. The brand new industries created new job places and vast career opportunities. The image of California that used to be engaged with golden resources turned into the image of California as a state of the most ambitious and wealthy industries possible. Hence, California has preserved its image of America’s golden state, as it is still a pleasant region for many people who believe that living in California makes people more successful and happier. Although people are not coming to California looking for placer gold mines, working in such industries as filmmaking and Silicon Valley’s progressive technological area for most people means a constant resource of pleasure, glory, and money. This is the reason why the concept of California dream has become so popular in American mass culture, as

Sonnys Blues or To Build A fire Essay Example | Topics and Well Written Essays - 500 words

Sonnys Blues or To Build A fire - Essay Example Baldwin effectively uses characterization, conflict and setting to explore the relationship between the narrator and his younger sibling. The contrasting characters of the narrator and Sonny delineates their relationship. The narrator is an algebra teacher, whose point of view describes his own life and Sonnys. He is a practical family man who is aware of his responsibilities and is content to earn a living and carry on as best as he can. He is willing to accept the status quo of the world. He believes in â€Å"will power and how life could be well, beautiful† (Baldwin, 21-1). He is seven years older than Sonny and feels a sense of responsibility towards his younger brother. He promises their mother, â€Å"I wont let nothing happen to Sonny† (Baldwin, 11-5). On the other hand, Sonny is the boy with â€Å"wonderfully direct brown eyes, and great gentleness and privacy† (Baldwin, 1-3), who is in search of meaning and identity. He is not content to follow the beaten track and wants to make jazz his life. Their contrasting characters leads to conflict in their relationship. The conflict in the relationship between the two brothers is brought about by two sources: Sonny’s drug use and his choice of jazz as a career. The narrator expects Sonny to complete school and settle down to a safe, respectable livelihood. To the narrator, jazz is â€Å"hanging around nightclubs, clowning around on bandstands, while people pushed each other around a dance floor† (Baldwin, 12-8). He sees no future in jazz as a way of earning a living. He cannot understand Sonny’s stand â€Å"that its the only thing I want to do† (Baldwin, 13-8). To Sonny, jazz is his life. The narrator also cannot accept Sonny’s drug addiction and finds his brother’s life â€Å"weird and disordered† (Baldwin, 16-5). The conflict between them builds up and leads to their estrangement, which is emphasized by the setting of the story. The setting of the

Comparative criminal justice systems Essay Example | Topics and Well Written Essays - 250 words

Comparative criminal justice systems - Essay Example This has inspired innovation but it has also led people to try illegal ways of getting money. The gaige kaifang (literally means opening up and reforms) policy has also invited new types of crime to the Chinese society from other places including the west. Advancement in the legal system in China was backtracked by several factors including the cold war, world war two, and the disruptive political campaigns that followed after that. Real reform began in 1970 when legal institutions began to be formed (Gelatt, 2001). The renmin jiancha yua (procuratorate) is the agency that prosecutes criminal offences. The agency has evolved over the years from the one the emperors used to the present day system. For instance, the imperial secretary position has evolved into the present day public prosecutor. The procuratorate is part and parcel of the government and it is mandated by the National People’s Congress. Unlike in the United States where there are various legislations that are created by the different states to meet their unique legal requirements, China’s system has only one code that is applied across the board (Gelatt,

Global & International Business Contexts in India Assignment

Global & International Business Contexts in India - Assignment Example The paper throws light on India, the land of potential because of its growing population therefore it is economically beneficial to evaluate its national market. Porter’s National Diamond framework allows country specific analysis so that a firm may decide to expand into a suited country. The four pillars of the model are factor conditions, demand conditions, related and supporting industries, firm structure, strategy and rivalry. Using these four factors PND model aims to evaluate national competitiveness and to study a firm’s ability to operate in a national market. It is therefore a very relevant tool for country specific analysis. Below each of the four factors of the model will be explained with respect to India. Factor conditions entail those factors in a country that can be of advantage to the firm. Basically all the conditions that a firm can exploit in an economy are included in factor conditions. India has an abundance of labor. Given the high population of th e country it can be safely assumed that the firm will not face any labor shortages. 42 percent of the population is living below the poverty line in India according World Bank. This points to the fact that labor is not only in abundance in the country but it is also very cheap. The labor force is both skilled and unskilled in the country so the firm can benefit a lot with regards to labor in their business. Another advantage of working in India is that there is not a language barrier like in China. Official language of India is Hindi but English is widely understood and used in the business (Kapur & Ramamurti, 2001). This is why the firm will find no language barrier to deal with. It is located near the Arabian Sea which will be beneficial when setting up business in the country. The country has a developed technological base with its software industry growing rapidly. This can also give the firms a huge boost when operating in India. Complicated technology will be at the disposal o f the firm in India. Demand Conditions The demand conditions factors in the local market conditions of a particular country. A strong and demanding domestic market can have a positive effect on technological growth and innovation in the market. The economy of India is mainly export oriented therefore international markets are also an important part of the country’s economy. Due to the sophistication of international markets, local industries have also developed in order to meet the demand of foreign buyers. This trend has brought many advantages to the local firms. They have enhanced their production and capabilities by innovating on a regular basis as a result of complex foreign markets. The effect of international markets has also impacted the local markets because they have also developed as a result. Domestic markets are now demanding higher quality of products and services. This is a sign

Comptemcy Goal Essay Example for Free

Comptemcy Goal Essay Candidate develops a warm positive, supportive, and responsive relationship with each child, and helps each child learn about and take pride in his or her individual and cultural identity. To Support social and emotional development and provide positive guidance in toddlers I explain the reasons for limits and rules in simple words, demonstrating whenever possible. I also talk about rules and limits in words that children can understand. â€Å"You can not hit. Hitting hurts. When you are mad, you can jump up and down or stamp your feet or come to me for a hug. † To Support social and emotional development and provide positive guidance I talk with preschoolers about â€Å"good touching† and â€Å"bad touching† as a way of preventing sexual abuse. I help preschool children start to identify how good touch feels as opposed to bad touch. I tell them that hugging and cuddling is good and healthy and will help them feel confident. I also talk about feelings and explain the range of emotions we all feel and that these emotions are good to have. Functional Area 9: Social Candidate helps each child function effectively in the group, learn to express feelings, acquire social skills, and make friends, and promotes mutual respect among children and adults. I give the children the opportunity to learn cooperate and social interact with each other. I provide a social and emotional development in this area by providing a positive relationship with the children. I help the children with developing with the social skills and problem solving skills to ability to act independently. I encourage the children to learn to communicate with the other children. I learned that having a positive attitude with the parents encourages them to have a positive attitude with there children. Also communicate with the parents. I encourage social and emotional development and to provide a positive relationships through the daily interactions. I try to engage the feeling acceptance in the group and by helping the children to communicate and get alone with the children. I also have a healthy relationship with the children, parents, teacher’s, service providers and any one who is a part of our day to model for the children. Functional 10: Guidance Candidate provides a supportive environment and uses effective strategies to promote children’s self-regulation and support acceptable behaviors, and effectively intervenes for children with persistent challenging behaviors. I have realistic expectations about the children’s attention spans, interests, social and physical abilities, and needs. One way I provide positive guidance is I anticipate confrontations between children and diffuse negative behavior and model positive behaviors.

Contract Laws In China and America Essay Example for Free

Contract Laws In China and America Essay I.Concepts and Features of Contract and Contract Law I.Concepts A.Concept and Features of Contract 1. Concept of Contract According to the provision of Article 2 of the Contract Law of Peoples Republic of China (hereinafter referred to as Contract Law), contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations. Contract was once divided into agreement and contract. Agreement refers to the civil legal act established by both parties consensus with regard to opposite intentions, such as sales agreement. Contract refers to the civil legal act established by two or above three parties’ consensus with regard to collateral intentions, such as partnership contract. However, such division can no longer be seen in our current laws and the two are collectively referred to as contract. Contract has its broad and narrow meanings. In the broad sense, contract refers to all agreements generating rights and obligations, such as labor contract, administrative contract, civil contract, etc. Furthermore, civil contract may also be divided into creditor’s right contract, real right contract, intellectual property contract, identity contract, personality right contract, etc. In the narrow sense, contract refers to the agreement for involved parties with equal status to establish, alter and/or terminate civil rights and obligations. The contract adjusted by the contract law is generally confined to the contract of creditor’s right, real right and/or intellectual property, etc. 2. Features of Contract It can be seen from the concept of contract contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations that, contract has the following legal features: Contract is a kind of civil legal act implemented by natural persons, legal persons and/or other organizations with equal status. As the most important legal fact, civil legal act is the lawful act implemented by civil subjects, which can generate, alter or terminate civil right and obligations. Since contract is a kind of civil legal act, it is different from fact behavior in nature. Fact behavior refers to the act which does not take the declaration of intention as an essential condition and cannot generate the legal effect expected by the party involved, such as infringing act, picking up lost property, etc. In nature, contract as the civil legal act belongs to lawful act. That is to say, only under the circumstance that the declaration of intention made by the contracting parties is lawful, the contract is legally binding and protected by national laws. On the contrary, in case contracting parties make illicit declaration of intention, the agreement, even already reached, may not have the effect as a contract. As contract is a kind of civil legal act, general regulations of civil law concerning civil legal acts, such as essential condition of civil legal act, the ineffectiveness and revocation of civil act, are all applicable to contract. 3 Contract is the civil legal act in which two or more parties declare a common intention. The establishment of a contract shall have two or more parties who declare intention to each other and achieve a consensus. If such declared intentions are not consistent, no contract will be formed. Even though â€Å"one party cheats or threats or take advantage of the other party’s precarious situation to make such other party to conclude a contract which violates its real intention†, the party suffering damages is entitled to request people’s court or arbitration agency to alter or revoke the contract (Article 54.2 of the Contract Law. For similar notes cited in the following text, Contract Law will be omitted). Contract is the civil legal act with a view to establishing, altering and terminating civil rights and obligations. Establishing civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, civil rights and obligations thus emerge between; altering civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the previous civil rights and obligations between them is changed and new civil rights and obligations are formed; terminating civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the civil rights and obligations previously existing between them are abolished. â‘ £Contract is a civil legal relationship generated on an equal and voluntary basis by parties involved. That is to say, the subjects concluding the contract have equal legal status and no party may impose its will on the other party. â€Å"Parties of a contract have equal legal status and one party may not impose its will on the other party† (Article 3); â€Å"Parties have the right to conclude a contract voluntarily according to law and no unit or individual may intervene illegally† (Article 4). â‘ ¤Contract is the civil legal act which is legally binding. â€Å"The contract concluded according to law is legally binding upon parties involved. Parties shall perform their obligations as agreed and may not alter or terminate the contract with no consent†; â€Å"The contract concluded according to law is protected by law† (Article 8). Unless otherwise specified by law such as force majeure, the party who fails to perform the contract or whose performance of obligations does not conform to that prescribed in the contract shall assume the liabilities for breach of the contract to continue to perform the contract, adopt remedial measures or compensate losses. B. Concept and Features of Contract Law 1. Concept of Contract Law Generally speaking, the concept of contract law may be comprehended in the broad and narrow sense. In the narrow sense, given contract is the consensus of parties to the contract in nature, contract law is deemed as the law implementing the promise and agreement of parties involved. â€Å"The core of contract law is the exchange of promise†. However, the concept of contract law in the narrow sense confines the contract law to normalizing the establishment, effectiveness, performance and default liability of the contract, but excluding the non-establishment, ineffectiveness and revocation thereof. Therefore, the scope contained is not comprehensive. Just as Bayless stated, â€Å"The contract law pays attention not only to enforceable contracts and   agreements, but to adjusting the result of no contract or agreement concluded†. Therefore, the concept of contract law in the narrow sense is not suitable to apply. The concept of contract law in the broad sense proceeds from the object normalized thereby, namely the transaction relation, and defines the contract law as â€Å"the law relating to the individual transfer of property or labor service†. Most scholars in our country also consider that contract law is the law adjusting the dynamic property relations. Both contract law and real right law adjust the property relations, however, â€Å"the real right law stipulates and adjusts the static state of property relation while the contract law stipulates and adjusts the dynamic state of property relation†. Given that the contract law comprehensively adjusts the transaction relation and the establishment of a contract equals to the formation of a transaction, the performance, alteration, cancellation and termination of the contract constitute the transaction process. Consequently, it’s necessary for the contract law to stipulate the procedures to conclude the contract by parties involved, ineffectiveness and revocation of the contract, remedies upon the failure or part failure to perform the contract, various specific contracts, etc. In a word, any and all transaction relations may be adjusted by the contract law. The definition of contract law as the law adjusting the transaction relation precisely summarizes the nature and fu nctions of the contract law. 2. Features of Contract Law The contract law takes adjusting the transaction relation as its content and is applicable to various civil contracts, which determines the contract law has the features different from those in other departments of civil law (such as personality right law). These features are: Contract law has strong randomicity. Under the condition of market economy, the transaction development and property growth require the market subjects to be independent and fully express their wills. Laws shall leave broad space for the transaction activities of market subject and the intervention of government in economic activities shall be limited to the extent prescribed in the contract. The requirements put forward by the market economy against the law which endow parties with freedom to act as far as possible are thoroughly expressed in the contract. Therefore, the contract law mainly regulates the transaction through random norms rather than mandatory norms. For example, though the contract law stipulates various contracts with certain titles, it does not necessarily require parties to design the contract content precisely in accordance with the provisions prescribed in law concerning the contract with certain title, but parties may negotiate to determine the contract articles freely. As long as the articles negotiated by parties don’t violate the prohibitive regulations of laws, social public interest or public morality, the effect of the contract is acknowledged by law. Notwithstanding law stipulates the contracts with certain titles, parties are not prohibited from creating new contract forms. Although the form to establish a contract is stipulated by law, unless otherwise specially prescribed about the contract form, parties are allowed to freely choose the contract form in principle. In short, a majority of norms of the contract law may be altered by parties through agreements. The contract law also takes the freedom of contract as its basic principle; therefore, the contract law can be called as law at will in this connection. â‘ ¡Contract law emphasized the principle of consultation on an equal footing and compensation of equal value The object normalized by the contract law is transaction relation, which requires the principle of consultation on an equal footing and compensation of equal value in nature. Just as Marx indicated, the commodity is â€Å"equal by nature†. In the exchange of commodities, â€Å"only the owners of commodities with equal status stand at opposite sides, and the means of occupying others’ commodities may only be used to alienate their own commodities.† The exchange of commodities inevitably requires conforming to the law of value so as to carry out the exchange of equivalent labor, which determines that the contract law attaches more importance to the principle of consultation on an equal footing and compensation of equal value than other laws of civil law. â‘ ¢Contract law is a uniform property law. Market economy is an open economy, which demands for the integration of domestic market with international market, domestic trade and international trade. As the basic law of the market economy, the contract law should not only reflect the requirements for a uniform market with a set of uniform rules, but also integrate with international conventions. â‘ £Contract law is the law producing social wealth. Market economy is a developed credit economy, with all credit systems established on the basis of contract relations. A developed credit economy needs promise and agreement. At the same time, the more solid and universal the promise and agreement are, the more developed the credit economy is. II. Comparison of Development History and Textural Difference between Chinese and American Contract Laws A. Different Development Histories of Contract Legal Systems in China and US 1. Emergence of Contract and Contract Law Contract is the result of commodity economy, which emerges along with the emergence of commodity economy and develops along with the development of commodity economy. The contract law is accompanied with the emergence and development of the contract. In later period of clan society, due to the emergence and accumulation of private property, the exchange of products among people was becoming increasingly extensive and certain rules came into shape gradually. In the beginning, these rules were guaranteed by oaths, customs and other ways. When the oaths, customs and other ways were incapable to guarantee the implementation of trading rules, the social community emerging as the times required (organ of state power) thus formulated legal norms to supersede the foregoing. The earliest contract law of human society was developed from customs, so it’s called as customary law. However, the continuous development of society, especially the development and change of social   imbalance, made the customs different in various regions and groups, which resulted in customs here and now being inconsistent with those there and then, thus leading to transaction disputes. This determined that the written law would gradually substitute the customary law. The Code of Hammurabi promulgated by ancient Babylonian Empire in the 18th century BC is the most ancient and most well-preserved written law discovered so far in the whole world, which has 282 articles in total, among which over 120 stipulates contract norms directly. The Twelve Tables and Corpus Juris Civilis promulgated by ancient Rome have more complete legal norms about contract, acting as the most complete and typical law reflecting the production and exchange of commodities among ancient laws and playing an important role in the legislation of capitalist countries in later ages. The French Civil Code in 1804 was based on Roman law. The civil laws in European countries, except Britain, mostly originated from Roman law and formed the so-called â€Å"Roman Law System†. Along with the colonial expansion of these countries, the impact of Roman law was further extended to more regions of the world. After the Second World War, the contract law of early modern period was properly modified to become the modern contract law. 2. Development History of China’s Contract Law The ancient laws in our country had some regulations about the contract. According to the records of Rites of Zhou, there appeared written contracts such as â€Å"panshu (bamboo or wooden slips on which the texts of borrow and loan are written)†, â€Å"zhiji (sales contract)†, â€Å"fubie (borrow and loan contract)† in Zhou Dynasty. â€Å"Where any party asks for the government authority to deal with any dispute arising from debt borrow and loan, the case may only be accepted with the â€Å"panshu† previously co ncluded present†. â€Å"Where any dispute arises from a borrow and loan contract, the official in charge of trying such dispute should make a judgment according to the articles specified in fubie†. â€Å"Where any dispute arises from a sales contract, the official in charge of trying such dispute should make an award according to the articles specified in zhiji†. All these written contracts were main basis for government authorities to judge right and wrong and determine the debt liabilities. In the following dynasties of Qin, Han, Sui, Tang, Song, Yuan, Ming and Qing, laws had several regulations about contract and contract system. However, in ancient times, our country was always with the agricultural economy which was self-sufficient and self-supporting, and the commodity economy was not developed. As a result, the norms of contract law centering on trading rules was also not developed, with no specialized civil code. Even in the collection of various laws such as Tang Code and Great Qing Legal Code, articles pertaining to contract and contract system are also rarely seen. Since the founding of the Peoples Republic of China, the contract law of our country has achieved significant development. In the initial stage of new China, the Financial and Economic Committee of the Government Administration Council under Central People’s Government promulgated the Interim Measures for Organs, State-owned Enterprises and Cooperative societies to Conclude Contracts or Agreements on September 27, 1950, and the Trade Department formulated the Decision Pertaining to Earnestly Concluding Contracts and Strictly Implementing Contracts as well as the norms relating to various specific contracts such as sales contract and contract labor agreement of capital construction in the same year, all of which ascertain the legal norms of contract system and contract in the new China. Needless to say, due to the impact of wrong course and wrong trend of thought, the legal nihilism was rampant and the contract system was once cancelled in late 50s. Especially in the period of the â€Å"Great Cultural Revolution†, all the contract systems, relevant laws and regulations were discarded. In the Third Plenary Session of the Eleventh Central Committee of the Party, the wrong policy of â€Å"taking the class struggle as the outline† was abandoned, the focus of work of the Party and the nation was shifted to developing economy, and the strategic decision of reform and opening up to the outside world was made in the session. All of these opened up a promising prospect for the development of contract legislation . The Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law were successively approved by the Standing Committee of the National People’s Congress on December 13, 1981, March 21, 1985 and June 23, 1987. It is especially worth mentioning that the General Principles of the Civil Law approved in the Fourth Session of the Sixth National People’s Congress explicitly regulates the system of civil rights and the system of civil liabilities, playing a very important role in perfecting the system of contract laws in our country. Through more than a decade’s legislation, our country has formed the legal system of contract laws which is guided by the General Principles of the Civil Law, backboned with Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law, and based on the contract norms in specialized laws such as Maritime Law, Civil Aviation Law and Copyright Law and a set of administ rative laws and regulations normalizing contracts. All these laws have greatly promoted the economic development and the establishment and development of socialist market economy in our country. However, along with the establishment and development of socialist market economy, this legal system gradually presented new defects. In order to adapt to the requirements of economic construction and development, it’s necessary to proceed from the actual situations of our country, summarize the experience of ten years’ contract legislation and borrow general international practices to formulate a uniform and relatively complete contract law. On October 1993, the Commission of Legislative Affairs of the Standing Committee of the National People’s Congress embarked on drafting the contract law on the basis of the legislation program approved in the Eighth Standing Committee of the National People’s Congress. According to the advice from all sources, the Standing Committee of the National People’s Congress further modified the draft for many times to form the Contract Law of People’s Republic of China (Draft) and submitted it to the Second Session of the Ninth National People’s Congress for deliberation. Through serious and earnest deliberation by people’s representatives, this important law was finally approved on March 15, 1999, which is a glorious page in the legislation history of the Republic, marking that the legislation of our country’s socialist market economy is ushering a new phase. 3. Development History of American Contract Law As a whole, the American laws are developed on the basis of inheriting British laws. Although American laws are influenced by British laws at different levels in different fields, the contract rules formed in the British common law and equity law have a significant impact on American contract law. Therefore, when investigating the historical evolution of American contract law, it’s necessary to review the early development history of British contract law. a. Lawsuit of Promise in Early Britain In the medieval period, British law had not formed the concept of contract. The earliest to emerge was the so-called lawsuit of promise, namely, when the promisor violated his/her promise, the promisee might file a lawsuit with the court to force the promisor to implement the promise. The principle pursued by common court when trying such lawsuit was: only making a promise cannot generate a right of action; under normal conditions, promise doesn’t have the effect of compulsory ex ecution, exceptional situations excluded. In contrast to the practice of common court as mentioned above, other courts showed more active attitude towards accepting the lawsuit of promise. First of all, ecclesiastical court regarded the promise with oath as an irreversible one according to canon law and rendered the implementation. Secondly, in the court of equity, the Chancellor decided that since one party suffered loss because of the other party’ failure to perform his/her promise, such party shall obtain the compensation. However, till the 16th century AD, common court won the battle with the court of equity and ecclesiastical court striving for jurisdiction. In this process, the jurisdiction of common court was increasingly enlarged and the common law became the main part of British law. The opportunity for the contract law to develop through the judgments of ecclesiastical court and court of equity was always limited. From the 15th to the 16th century, along with the development of the relations of commodity production within the feudal society, to develop a kind of general basis for enforceable promise within the previous lawsuit procedures of common law was the urgent task to be resolved which was confronted by common court. At the beginning, common court just confirmed more exceptional situations under which the promise may be executed mandatorily. However, this didn’t change the basic principle that promise doesn’t have the effect of compulsory execution under normal conditions. Since the second half of the 12th century, common court started to confirm the enforceable effect of sealed covenant, which was a kind of written promise with a seal on. Some people considered, if common court could loosen its requirements about the form of this written document, such document may also be mandatorily executed even with no seal on. The existence of such covenant might become the general basis of the compulsory execution of promise, while till the 14th century, this possibility disappeared. Common court considered, the seal not only proved that one party had already made a promise, but also indicated that the promisor had seriously expressed that he/she would perform the promise for the promisee. Therefore, a covenant which was not sealed couldn’t be compulsorily executed. At the end of the 12th century, common court started to confirm the debt of a borrow and loan relation as the cause of action: In case one person borrowed an   amount of money from another person, the borrower should pay back the money to the lender. If not, the lender might file a lawsuit with the court to force the borrower to pay back money. Later on, common court further expanded the scope of lawsuit of debt repayment: Once a person granted a kind of material interest to another person, such person might lodge a lawsuit of debt r epayment against the latter one, no matter the interest provided was a valuable thing or personal service. However, the existence of such debt also didn’t become the general basis of the compulsory execution of promise for this debt was only confined to the interest which was already granted to others. If a promisee just accepted a promise from the promisor while obtained no actual interest from the promisor, he still couldn’t lodge a lawsuit of debt repayment. In the beginning of the 15th century, common court developed such a principle in its judgment: If someone made a promise of undertaking some kind of obligation to another one, and the promisee suffered damages in the process of the promisor’s performance of the obligation, the promisee might lodge a lawsuit to require the promisor to compensate. This is called the Action of Assumpsit for Misfeasance, whose basis was the theory of law of torts then already approved. In this kind of lawsuit, if the promisor didn’t perform the obligation it undertook, the promisee couldn’t obtain the remedy. In the second half of the 15th century, the judges of common court realized that, in order to win the battle for jurisdiction with other courts, the scope of lawsuit of commitment must be expanded. New legal precedent rule in this period was: If the promisor changed his status due to his dependence on the promise and the non-performance of the promisor made the promisee suffer damages, the promisee might also obtain the remedy. Till the 16th century, the previous scope of lawsuit of commitment was newly expanded, namely, when two persons made promises to each other and the promise of one party constituted the transaction object promised by the other person, even if no party of the two performed his obligation, the promise to be carried out shall have the effect of compulsory execution. The reason to adopt such rule was that, once the promise was made, the promisee has an expectation for the implementation of the promise, which should be protected, even if the promisee didnt perform the corresponding obligation, nor suffered â€Å"damages†. Generally speaking, the 17th and the 18th centuries were the period during which British contract law slowly developed. b. Evolution of American Contract Law in Modern Society The American historian Henry Maine said in 1861 that, â€Å"till now, the movement of this developing society has always been a movement from identity to contract.† This sentence indicates the profound revolution undergone by western society from the feudal times of middle ages to the times of â€Å"laissez-faire capitalism†: In the feudal society, human relation was determined by their identity; in the period of â€Å"laissez-faire capitalism†, human relation was determined by the agreement reached between them. The whole 19th c entury is regarded as the century of contract by western historians. The United States, just independent from the colonial domination of the Great Britain, entered in such a century soon after its establishment. In this period, main systems of British and American contract laws were both confirmed. With regard to the main body, American contract law remained consistent with British contract law. In this period, the consistency of American contract law with that of western countries was: The contract concluded by parties involved was generally considered as having the effect of compulsory execution. Once confirmed, such effect shall become absolute, and may not be changed by state will. In the second half of the 19th century, as the laissez-faire economy developed toward an extreme orientation, to safeguard individuals right to freely conclude contracts had become the primary goal of laws. In the eyes of Americans at that time, â€Å"in nature, justice is to safeguard lawful contracts†. The freedom of contract in the 19th century gave a full display of personal â€Å"independent will† and made private economy taking the â€Å"struggle for existence† as the motive power obtain rapid development with no government restraint and intervention. However, in late 19th century and early 20th century, the defects caused by this unlimited freedom of contract had fully appeared. In this period, contract laws of western countries underwent a new round of modification. The result was, the previous social movement â€Å"from identity to contract† started to turn to the social movement â€Å"from contract to identity†. In the US, since this century, especially since the Roosevelt’s New Deal in the 30’s, personal freedom of contract has received more and more restrictions. Today, the â€Å"identity† is playing an important role in determining the relation of rights and obligations among people for the second time: Workers are protected by â€Å"workers compensation law† due to their identity, and the article of employment contract preventing the employer from undertaking the compensation liability for industrial accidents is no longer legally binding. Similarly, the lessee of rental agreement, the insurer of insurance contract and the demanders of various contracts of public service are all protected by certain laws due to their special identities. It can be seen from the aforementioned change that, in modern American contract law, to provide special legal protection for the vulnerable party of a transaction has already become a consistent policy. Another feature displayed by American contract law in the process of its modern development and evolution is that, the impact of traditional British common law and systems and principles of other laws is decreasing, which is fully reflected from the fact that the Uniform Commercial Code abandoned and modified the traditional system of British contract law. B. Textual Difference and its Reasons between Chinese and American Contract Law Systems Given the development history of contract and the difference between Chinese and American political systems, there are following features when comparing Chinese contract law with American contract law: First, the contract law in our country is a uniform contract law applicable to all regions of China, whether in capital Beijing or western provinces. Second, this contract law is drafted with a round axis structure. Basic principles  are firstly stipulated, and then some specific contracts, such as sales contract, lease contract, etc. In this way, the basic principles are regarded as the axis, and many specific contracts are radiated to satisfy different transaction requirements. For example, the transport contract has the problem which cannot be covered by basic principles. This problem can be resolved by combining the axis and the excircle. American political system is different from Chinese political system, and the development history of American contract law is also different. In America, it’s impossible for the legislative body to approve a law with the two features as mentioned above. America has no uniform contract law, nor state contract law. The international contract laws, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and New York Arbitration Treaty are commonly used in all used in the whole United States. However, with regard to the contract among American individuals, no law is promulgated by the federation. Consequently, there is no federal legislation with a round axis structure in America. Basically, each state has its own contract law and is responsible for developing basic principles of such law. The contract law of one state is not only applicable to the court of the state, but also binding on the federal court sometimes. In other words, as long as the state contract law exists, the federal court shall apply it. Of course, when 50 different contract laws are adjusting the same legal fact, the court will be confronted with a problem, namely, how to achieve the consistency of application of law? It’s also necessary to notice that American contract law is developed by the court rather than the legislative organ. You must be familiar with the concept of common law, which was formed in Britain and then introduced to America. The contract concept of the common law is formed th rough a long time. Their judges make the judgment and give opinions on the judgment. Now, in this connection, the greatest exception is the UCC. American UCC is a uniform law. In America, every state has its own laws, but these laws cannot cover all transactions. Some are involved with transaction of several properties, such as the transaction and lease of products and some are related to bank business, security trading, e-commerce, etc. However, the construction contract and real estate contract are adjusted by commercial law. Since different state laws may result in different court judgments, if the Congress can approve a law with the round axis structure, these problems will be soon resolved, because doing that can get all transactions under the adjustment of one law. C. Summary The development histories of Chinese and American contract law systems are different. Chinese culture has a long history and the contract law system was born very early. On the contrary, the US is a new country breaking away from the colonization. Although American economy is developing rapidly, its legal systems are mainly inherited from the Britain; especially the American contract law is significantly influenced by the contract rules formed in Britain common law and equity law. In short, China has a uniform contract law applicable to the whole nation, while America has no uniform contract code other than international contract laws. In addition, the difference of Chinese and American political systems leads to a great difference in the textural structures of Chinese and American contract law   systems: Chinese contract law system is based on basic principles which guides various specific contract law systems so as to form a complete set, while America has neither guidance of basic principles in the contract law nor uniform contract law applicable to the whole nation. All in all, the development history and political system of a country influence its legal system. III. Conclusion The economic globalization and political polarization are two trends of the world development. Since China has joined the WTO, how to coordinate our laws is the central issue in the field of law. Nowadays, the world has ushered in the era of knowledge economy and the advancement of science and technology is crucial to the economic development. However, the development of economy as well as the development, transfer and application of technology will inevitably require reforming the traditional contract law system. Some countries have already been reforming the current contract law systems quietly. The birth of China’s new Contract Law is confronted with the era of knowledge economy rather than that of planned economy or the transitional period from planned economy to market economy. The development of science and technology in the era of knowledge economy is so vigorous that it’s probable that difficulties in application will soon emerge after the implementation of new contract law, or even some regulations are already outdated. This situation may be considered as normal because law is the superstructure, which is always behind the economic development. Therefore, any law has to be continuously reformed and perfected. Bibliography 1. http://legal-dictionary.thefreedictionary.com 2. Wilmot et al, 2009, Contract Law, Third Edition, Oxford University Press 3. Ewan McKendrick, Contract Law Text, Cases and Materials (2005) Oxford University Press 4. P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press 5. Randy E. Barnett, Contracts (2003) Aspen Publishers 6. Scott Fruehwald, Reciprocal Altruism as the Basis for Contract, 47 University of Louisville Law Review 489 (2009).

Child Obesity in Canada: Strategies for Intervention

Child Obesity in Canada: Strategies for Intervention   Child Obesity in Canada Immediate Action Needed for a Better Future Executive Summary Obesity is a condition that there is excessive body fat which leads to increased morbidity and mortality. Obesity puts children at significant risks for not only health problems such as cardiovascular diseases, diabetes, and cancers, but also mental and societal issues such as stigma, discrimination, social exclusion and decreased academic performance. Obesity in Canada has become a leading public health concern. The prevalence of childhood obesity has increased five-fold from 1981. Currently, there are approximately 600,000 obese school-aged children countrywide. Obesity costs the nation approximately $1.27 to $11.08 billion per year just in health care. Obesity is preventable. Promotion of healthy eating and active lifestyle is considered the most effective measure targeting childhood overweight and obesity. There are efforts to tackle this problem from federal, provincial and territorial governments, community, and school boards. However, they are not enough to end the obesity epidemic. There is still no nationally standardized school nutrition policy, resulting in different interpretation and implementation of school nutrition policies for our children across the country. The federal, provincial and territorial governments could work together to fix this. In addition, the federal government has attempted to tackle childhood obesity by the Child Fitness Tax Credit (CFTC) program since 2006. However, the CFTC does not prove to be effective and achieving its objectives. There is also a need to review and revise this initiative accordingly. School-based intervention is proved to be effective in modifying dietary habit and promoting active lifestyle. Reduction of overweight and obesity among students has been observed in the APPLE School program in Alberta. The potential obesity associated cost savings for our nation would be up to 330 million per year if this model was scaled up countrywide. Problem Definition Obesity is a condition involving an excessive amount of body fat. Obesity is normally determined by a simple index of weight-for-height called body-mass-index (BMI). In adults (20 years and older), a BMI of larger than 25 and 30 is considered overweight and obesity respectively [1, 2]. For child and teen (2 to less than 20 years), the United States Centers for Disease Control and Prevention (CDC) recommends a BMI-for-age percentile scale, in which BMI-for-age from 85% to 95% tile and 95% tile and higher is considered overweight and obesity respectively [3]. Although the causes of overweight and obesity are complex, the fundamental reason is the imbalance between energy consumed and expended. This is normally caused by increased intake of energy-excessive foods and sedentary lifestyle. Obesity is the most commonly seen disorder in children in developed world. Childhood obesity puts children at significant risks of many health problems. This can include chronic and fatal disease like type-2 diabetes, various types of cancer and cardiovascular disease [4-6]. Obesity also places children at a higher risk of stigma, discrimination, social exclusion and decreased academic performance in school [7]. However, scientists suggest that the greatest health problems will be seen as the present generation of overweight and obese children becomes the next generation of adults [8], probably with more social and medical problems and a shorter lifespan than their parents. Childhood obesity in Canada is on the rise and has become a leading public health concern. Currently, more than a quarter of Canadian children and youth are overweight or obese. Obesity and its resulting health effects are extremely expensive. Obesity is theoretically responsible for 9% of deaths among adults aged 20-64 years [9]. The cost of obesity in health care ranges from $1.27 to $11.08 billion per year [10]. The objectives of this policy brief are to: Promote awareness of childhood obesity problem in Canada and urge for immediate policy actions from federal, provincial and territorial governments, and school boards; Make recommendations on interventional policy actions to tackle obesity problem. Only peer-reviewed publications, health professional agencies’ (CDC, WHO) materials and government reports are used to provide evidence and supportive argumentation. Review of Evidence Canada, like many other developed nations, is facing an emerging epidemic of overweight and obesity. Scientific evidence indicates dramatic increases in both overweight and obesity over the last decades, particularly among children. Prevalence of childhood overweight has tripled since 1981 while that of obesity has increased five-fold during the same period [11, 12]. Presently, there are approximately 7 million obese adults and 600.000 obese school-aged children in Canada [12]. If current trends continue, 55% of Canadians will be either overweight or obese by 2020 [13] and up to 70% of adults aged 40 years will be either overweight or obese by 2040 [14]. Childhood obesity is driven by a number of factors, including personal, interpersonal factors, organizations, community and a broader social environment [15]. It is a complex and multifaceted web of reasons. Thus, a multidimensional and coordinated approach is needed to tackle this health problem. Among many possible interventions, promotion of healthy eating and active lifestyle is considered the most effective measure targeting childhood excessive body weight [16]. Junk food and sugar-added beverage provide excessive calorie intake while they lack nutritional value. However, this kind of food is still available in school vending machines or cafeterias in a number of provinces. Further, there is no standard policy on school nutrition, especially those related to vending machine foods, across provinces and territories of Canada. While New Brunswick and Ontario have mandatory regulations to ensure that only healthy foods are available at school environment, some others also have but do not cover all levels of education or have weak nutrition standards, which allow sale of high fat and high salt foods [17]. Apparently, the differences in school nutrition policies create unequal schooling environment for our children across Canada. It seems agreeable that any obesity prevention program should include some form of physical activity advocacy and education [18]. The Canadian Paediatrics Society recommends a healthy living for children and youth, in which children and adolescents are recommended to â€Å"increase the time that they spend on physical activities and sports by at least 30 min/day, with at least 10 min involving vigorous activities† [19]. In addition, promoting physical education in school has proved to be effective and is required in a number of places. Arkansas State in the United States mandates that every student in kindergarten through grade nine receive no less than one hour of physical education instruction per week for every student who is physically fit and able to participate [20]. For a maximum effectiveness, physical activities should be promoted at both community and school levels to create a continuum of active living from home to school and vice versa for our children. Possible Ways to Address the Problem Overweight and obesity are preventable [2]. Even though there are many policy options, this paper opts to highlight three possible solutions for federal, provincial and territorial policymakers, as well as school boards to win the fight against childhood overweight and obesity. Development of a national school nutrition policy Even though education and health rest with provincial and territorial responsibility, a policy from Health Canada can help shape common standards of school nutrition nationally. Such a policy can ensure that our children have access to heathy and nutritious foods while they are in school in all provinces, and hence provides better protection to our children in fighting against overweight and obesity. This can include, for example, nationally nutrition standards for foods provided in cafeterias, vending machines, and at school special events. This national policy should be mandatory and implemented at all levels of education. Provincial and territorial governments could issue additional school food-related policies to further protect their population. However, the national policy requirements should be adhered and kept as minimum standards. School boards and provincial, territorial health authorities will be responsible for implementation and monitoring of these policies. Revision of Child Fitness Tax Credit program Since 2006, the federal government has actively attempted to tackle childhood obesity by introducing Child Fitness Tax Credit (CFTC), in which parents can claim up to $500 to alleviate participation costs when they register children into eligible physical activity programs [21]. However, research has shown that this program does not meet its objectives. CFTC appears to provide little to no benefit to those who cannot afford physical activity program cost and carry that burden until the end of the tax year [22] and those who have no taxable income. Therefore, the CFTC has little impact on physical activities of children in low income families, who most need it. As overweight Canadians in low income households are 40% more likely to be obese than those in high income category [14], the CFTC has failed its childhood obesity prevention. Thus, there is a need to review and revise this initiative, so every Canadian kid has an equal and better chance of participating in physical activity pr ograms. Implementation of school-based intervention program School is an ideal place for childhood overweight and obesity prevention intervention as children spend a large proportion of their time at school. There is strong evidence supporting school-based intervention. A review of 16 school-based childhood obesity prevention programs in Chile, Belgium, United Kingdom and the United States shows that a positive change of dietary habits is highly achievable [18]. Specifically, the Alberta Project Promoting Active Living and Healthy Eating (APPLE) School program has proved that an intervention on healthy nutrition and active lifestyle in schools has resulted in reduced overweight and obesity in students. Currently, there are 40 APPLE schools in Alberta. If this school model was to be scaled up nationally, the potential cost savings for Canada would be $150 to $330 million per year [23]. Recommendation School-based program is effective in preventing childhood obesity and thus reducing comorbidity and health spending in the long run. This approach has an advantage of reaching almost all children in the community. In addition to health benefits, it may improve student academic performance and provide additional social benefits. Further, it establishes healthy behaviors at early stage of life that can lead to life-long healthy habits [16]. Given the complex nature of determinants of childhood overweight and obesity, school-based prevention intervention should be guided by behavioral theoretical frameworks. It is also worth to note that involvement of school food program and parent influence is the key to success. It has been shown that parent involvement is an important component of school-based intervention [18]. It would not be realistic to expect immediate results. Notable reduction in childhood overweight and obesity can only be seen in years with intensive and diversified interventions [18]. However, if no action is taken now, our children’s lives are at risk of being deteriorated by social and medical complications of excess body weight in the years to come.

An Analysis of Up in Michigan Essay -- Up in Michigan Essays

An Analysis of Up in Michigan My choosing this story for an analysis is based on what I think is the very American feeling there is to this short story. The title alone has this American ring to it: Up in Michigan. From the start settling the story deep into the soil of the country. The title seems like the beginning of an old tale, once upon a time up in Michigan†¦it ends there and propels the "unfinished", never settled way of the story along. And at the same time it signifies that this is just another story, told a hundred times before. The story is set in a very small town, which plays a great role in the way the characters interact with one another. The two main characters of the story get presented each in their little paragraph in the beginning of the story. Their way of meeting each other is, one gets the feeling, not by chance, but rather because the town is so small that they could never avoid meeting each other. A phrase like "One day she found that she liked it he way the hair was black †¦"(p.59) indicates that the girl Liz' falling in love with Jim the blacksmith is not the falling in love of a metropolitan person who is marked by the many choices of a bigger environment. Liz's love or interest in Jim comes from there being no other it seems and so with time she has developed an interest in him that is totally based on a picture she makes of him in her mind. What is significant here is the obvious difference in the way the two characters are described by Hemingway. Liz likes Jim very much; Jim just likes her face. She thinks about him all the time; he never thinks of her. There is a basic unbalan... ... the death of a young girls dreams, it is at the same time the initiation of a life. It is the simple act of growing up, moving into another world, where nothing is as you dream it will be. Where bitterness is an unescapeable part of your life. Where your hair can not always be neat and your clothes might get dirty sometimes. The fact that Jim lies unconscious on the dock as if he now has the role of the dead buck, just emphasizes Liz coming to consciousness about her own life. She rises from the battlefield like a heroine, at first she shakes Jim in the fainting hope that there might be a way to get back. ("†¦shook him once more just to make sure"), but then realizing her fate she stoically takes of her coat and as an imitation of the Pieta-figure puts her coat over her past life, that in the figure of the drunken Jim, has passed away.

Autobiographical Comparison :: James Baldwin Philosophy Essays

Autobiographical Comparison While reading through James Baldwin's Autobiographical Notes, I was struck with a sudden flash of inspiration. I already knew that I enjoyed Baldwin's works more than any others we have read in class so far: Rodriguez's writing I found to be dull and victimized; Jacobs's was precisely an explanation of how bad slaves lives were and nothing more; and although Virginia Woolf's writings were not painful to read the overall style left me feeling dreamy and disconcerted (after a while all those semicolons got to me). Baldwin's writing had not only content, but a reflection upon it that I found interesting to read. He offered a fresh perspective, analyzing the social history of America and its causes. It is very interesting to read the sections discussing the concept of fighting poison by using poison, and the section discussing the choice of amputation or gangrene. Rather than throw up his hands in despair and say, "Life's not fair that I must choose between amputation and gangrene," he analyzes the benefits and trade-offs. All this I knew before reading his Autobiographical Notes, but while I read them I was suddenly struck with a very powerful revelation. I realized that I liked his writings because I found in him the same philosophy I have adopted. I immediately wondered if there was a connection between our philosophies and the fact that we were both minorities. I'm curious as to how much of the similarities in our philosophies can be attributed to being minorities, and how many differences can be explained by the fact that we are from two different minorities and those that can be explained by the fact that he wrote and lived generations removed from myself. There are three main similarities between our philosophies that I would like to discuss, although the three are likely closely related. The first is that even bad situations contain their associated good. Baldwin writes that the things which hurt and the things which help cannot be divorced from each other. I am not sure how widely spread this idea is, but I certainly believe it. Since around the time I was in 3rd grade, I have believed that good can not exist without bad. Furthermore, I believe that the sum of one's life that he considers good and that which he considers bad will in the end come out equal.

Lady Audley’s Secret - Is Lady Audley Mad? :: Mary Elizabeth Braddon

Mary Elizabeth Braddon's "Lady Audley's Secret" - Is Lady Audley Mad? Mary Elizabeth Braddon's "Lady Audley's Secret" was published in 1861 and was a big success: a best-seller that sold over one million copies in book form. The protagonist, Helen Maldon - also known as Helen Talboys, Lucy Graham and Lady Audley - is a poor young beautiful woman when she marries the dragoon George Talboys, but his money only lasts for one year of luxury. When he no longer is able to offer her the life she always wanted - and now has got used to - she becomes angry and depressed, and George Talboys leaves the country to dig for gold in order to make his young wife with her new-born baby happy again. Not long after her husband has sailed for Australia, Helen Talboys decides she has had enough of the boring life she leads with her father and child and wants to try to find for herself the things she lacks. She sees an opportunity to start over and she grabs it: she leaves her child, changes her name and goes out as a governess. When the wealthy Sir Michael Audley proposes, she accepts and goes from the life as governess to the life of a Lady. The Lady Audley that we get to know is a woman who is sure of what she wants and will not let anyone stop her, which in the book is described as the acts of a madwoman. But is Lady Audley really insane or simply too ambitious and sure of herself for the Victorian era? Was "insanity" simply the label society attached to female assertion, ambition, self-interest and outrage? In order to discuss the question of Lady Audley's madness, we must first understand the Victorian ideas and beliefs regarding insanity. Insanity was believed more common among women than among men and doctors and psychiatrists debated the reason for this. A common view was that women were more vulnerable to insanity than men because of the "instability of their reproductive system" (Showalter, p 55), which interfered with their emotional control. That female insanity was linked with the biological crises of the female life cycle - puberty, pregnancy, childbirth and menopause - during which the female mind was weakened and the symptoms of insanity could emerge, was a common belief (Showalter, p 55). It should be noted that the medical professions were strictly for men and no doubt were all these theories made up by men, with little experience of menstruation, pregnancy or menopause.

Hamdi vs Rumsfeld

Hamdi v. Rumsfeld Yaser Esam Hamdi, an American citizen, was captured in Afghanistan shortly after the terrorist attacks of September 11th. Hamdi was classified as an â€Å"enemy combatant† by the United States. His father filed a petition of Habeas Corpus that his fifth and fourteenth amendments were in violation. Although the petition did not specify on the actual circumstances of Hamdi’s capture and detention, the record indicated that Hamdi went to Afghanistan to do â€Å"relief work† less than two months before September 11th and could have not received military training.The Special Advisor to the Under Secretary of Defense for Policy, Michael Mobbs, issued a response, outlining the Government’s position. The district court found the â€Å"Mobbs Declaration† insufficient in supporting the Government’s case. The Mobbs Declaration provided details regarding Hamdi’s trip to Afghanistan, his affiliation with the Taliban during a time when the Taliban was battling U. S. allies, and lastly his surrender of an assault rifle.The District Court found that the Mobbs Declaration, standing alone, did not support Hamdi’s detention and ordered the Government to turn over numerous materials. The Fourth Circuit reversed, stressing that it was undisputed that Hamdi was captured in an active combat zone, no factual inquiry or evidentiary hearing allowed Hamdi to be heard or to rebut the Government’s claims were necessary or proper. If the Mobbs Declaration was accurate, it provided a sufficient basis upon which to conclude that the President had constitutionally detained Hamdi, the court ordered the habeas petition dismissed.The appeals court held that, â€Å"no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress†. This provides that The AUMF’s â€Å"necessary and appropriate force† language provided the authorization for Hamdi’ s detention. Also that Hamdi is entitled only to a limited judicial inquiry into his detention’s rationality under the war powers of the political branches, and not to a searching review of the actual determinations underlying his capture.The results in the judgment were quitted, and the case is remanded. Justices O’Connor, Kennedy, and Breyer, concluded that although Congress authorized the detention of combatants in the narrow circumstances alleged in this case, due process demands that a citizen held in the United States as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decision maker.First, the Government urges the adoption of the Fourth Circuit's holding that because it is â€Å"undisputed† Hamdi's seizure took place in a combat zone, the habeas determination can be made as matter of law, with no further hearing or fact finding necessary. This argument did not hold, and the circumstances surrounding Hamdi's seizure cannot in any way be characterized as â€Å"undisputed† because Hamdi has not been permitted to speak for himself or even through legal counsel.The â€Å"facts† that constitute the alleged concern are insufficient to support Hamdi's detention. Under the definition of enemy combatant, Hamdi would need to be â€Å"part of or supporting forces hostile to the United States or coalition partners† and â€Å"engaged in an armed conflict against the United States† to justify his detention in the United States for the duration of the conflict. The habeas petition states only â€Å"when seized by the United States Government, Mr. Hamdi resided in Afghanistan. A claim that one resided in a country in which combat operations are taking place is not a concession that one was â€Å"captured in a zone of active combat operations in a foreign theater of war,† does not mean that â€Å"part of or supporting forces hostile to the United States or coalition partners† and â€Å"engaged in an armed conflict against the United States. † So the argument that Hamdi has made concessions that eliminate any right to further process is rejected. The Government's second argument requires that further factual exploration is inappropriate in light of the extraordinary constitutional interests at risk.Under the Government's argument, â€Å"respect for separation of powers and the limited institutional capabilities of courts in matters of military decision-making in connection with an ongoing conflict† ought to eliminate entirely any individual process, restricting the courts to investigating only whether legal authorization exists for the broader detention scheme. The government argues, courts should review its determination that a citizen is an enemy combatant under a very deferential â€Å"some evidence† standard.A court would assume the accuracy of the Government's expressed basis for Hamdi's deten tion, as said in the Mobbs Declaration, and assess only whether that expressed basis was lawful. Hamdi’s response emphasizes that the court consistently has recognized that an individual challenging his detention may not be held at the will of the Executive without alternative to some proceeding before a neutral hearing to determine whether the Executive's asserted justifications for that detention have basis in fact.He argues that the Fourth Circuit wrongfully â€Å"ceded power to the Executive during wartime to define the conduct for which a citizen may be detained, judge whether that citizen has engaged in the proscribed conduct, and imprison that citizen indefinitely,† The District Court, agreeing with Hamdi, believed that the appropriate process would approach the process that accompanies a criminal trial. It disapproved of the Mobbs Declaration and anticipated various military affairs.Both of these positions cause concerns, and both emphasize the tension that oft en exists between the autonomy that the Government asserts is necessary in order to pursue effectively a particular goal and the process that a citizen argues that he is due before he is deprived of a constitutional right. The process due in any given instance is determined by weighing â€Å"the private interest that will be affected by the official action† against the Government's interest, â€Å"including the function involved† and the burdens the Government would face in providing greater process.