Monday, September 30, 2019

Organization and Environmental Analysis Essay

Huawei Technologies technical diversification of its portfolio and value addition to its existing products is highlighted by Huawei being ranked amongst the top 5 in the world in terms of essential UMTS patents. By June 2008, Huawei had filed 30,569 patent applications. (Huawei Corporate Information-Huawei Media release). The big inclination towards R&D and strong cost differentiation has enabled Huawei Technologies to achieve what the other dominant players in the telecom industry have been struggling to achieve- customization! .This strong customer focus is also the face of Huawei Technologies projected through its brand logo. The Huawei Technologies brand logo reflects its core principles of â€Å"customer-focus, innovation, steady and sustainable growth, and harmony, conveying Huawei Technologies sincere commitment to helping its customers realizing their potential to launch a variety of competitive services through continuous innovation and an enterprising spirit. † (Huawei Corporate Information-Huawei Media release). The Huawei Technologies logo was recently changed and modified to reflect harmony as also one of its key elements, so as to convey its social responsibility. Huawei Corporate Information-Huawei Media release). This has brought in the much needed image change required by Huawei Technologies primarily being seen as a Chinese vendor. Figure1: Huawei Contract Sales (Source Huawei Corporate Information-Huawei Media release) Opex & Capex leverage which Huawei Technologies has been able to offer its customers has enabled it to demonstrate cost leadership which is evident as 72% of its cont ract sales were from overseas market in 2007. Let alone in 2007, it had 45% increases in its contract sales revenue. See figure 1. Huawei Corporate Information-Huawei Media release). The strong hold which Huawei Technologies is being able to maintain also comes from the socio-political environment it works in as the labour cost in China is one sixth of that of United States or Europe. Thus it has become a key external environmental factor . Internally Huawei Technologies has capitalized on human resource and R&D. But has the cost differentiation been enough, will it still promise growth and more market share? These are the biggest questions which need to be addressed for a guaranteed continuous growth. This question has made Huawei Technologies rethink its marketing strategy towards value proposition, and to value chain analysis (Porter 1985) for a bigger market share. Before that however lies another hurdle of poor quality perception a question mark on the quality of Chinese branding. Issue 2- The dragon brand wagon. With the FMCG market taking blows after blows because of adulterated Chinese raw materials, the general consumer perception on Chinese quality is struggling to establish a stand. Though it specifically affects as said the FMCG market or the business dealing in B2C but the general perception affects all including B2B. And this has been one of the prime challenges. From 1998 to 2001 Huawei was looked at with distrust & doubt . With the Cisco lawsuit the market penetration in the developed economies had become more difficult and required 1000 times more effort as compared to its American or European counterparts. (The Economist, Nov 2007). I believe that the focus needs to be shifted towards creating a strong brand if Huawei Technologies needs to keep its foothold in the global telecom market. Thus strengthening of the Huawei brand has become even more important. Remodeling to establish Huawei as a brand has been now the new focus to develop a better perceived quality & create brand equity. The need of brand recognition has also become very vital to be seen as a valued collaborator for its customers. Brand development has never been big in China; with large volume market brand recognition never existed in the Chinese market. Hence it becomes more essential as well as difficult for Huawei to develop its brand image to compete in the global economy. The strong need for branding and change for the marketing orientation to move towards the service sector becomes more vital when we look into the 5C’s of Huawei Technologies. Issue 4- The 5C’s. Exploring the 5 C’s of Huawei Technologies highlights the core competencies of Huawei and helps us in understanding why a new orientation approach is required . As discussed earlier Huawei Technologies dominates in cost differentiation and is armed with a strong R&D to achieve customization in a high barrier industry and it has been a key strength of Huawei Technologies. But a quick SWOT analysis brings out the lack of perceived quality in the market as one of the greatest threats Huawei Technologies faces. Its major competitor Ericsson currently leading the market share comes with a very strong branding and high perceived quality. The dilemma is not just the market perception but also the perception of the employees themselves despite the fact that human capital is a key resource & strength of Huawei Technologies which also drives to low labor costs.

Dystopian society Essay

Societies that are futuristic in settings are what we call a dystopian society. Dystopia is literary the opposite of what a utopian community will be like. In dystopia, everything is distorted where people are ruled by either a strong-opposed individual through the use of militarism or technologies and also by technology themselves. Citizens of a dystopian community doesn’t hold their own rights and are usually treated inhumanely, creating a fearsome and dark environment. Short stories such as â€Å"The Lottery† written by Shirley Jackson typically follows a dystopian society. The author first introduces the story to be a utopian community where she describes the day as â€Å"clear and sunny, with the fresh warmth of a full-summer day; the flowers were blossoming profusely and the grass was richly green (Para. 1).† This entices our feeling of comfort and invites us to see what this day is all about, not knowing of what might happen in the end. The fact that Jackson first introduces us into such a calming scenery but ends it in such a misery, dehumanizes the mindset that such a â€Å"perfect† community can hide such monstrous activity. Dehumanization is a great deal in this short story where the villagers are blindly following the tradition of stoning the lottery’s winner to death and treating the event like a festivity. Dehumanization is also seen through the villager’s actions such as: â€Å"The people had done it so many times that they only half listened to the directions; most of them were quite. wetting their lips. not looking around (Para. 20).† Jackson creates this sense that these villagers have done it so many times that they don’t even care anymore and just what this lottery to be over with, so that they can go back to their daily lives. The villagers were describe as quite because they don’t want to make the lottery any longer than it is already and it can also be taken up as an acceptance to the events that follows. Some are wetting their lips which creates this anxiousness and ill-minded thoughts of wanting to kill someone. Excitement that they too will have a bountiful year again through the sacrifice of one of their own. Fear is yet another convention of dystopia that Jackson utilizes in this short story. Fear of the unknown by the audience and the fear of death. Fear is seen through the character of Tessie Hutchinson, who in the beginning of the story where like everybody else. She was nonchalant to the event and was conversing with the villagers like normal people would but all of this changes after she was picked by the lottery. She screams and tell everyone how â€Å"it isn’t fair, it isn’t right (Para. 80),† which contradicts her actions in the beginning. Fear is also seen where the villagers were â€Å"not looking around (Para. 20),† which describes how they individually doesn’t want to see the faces of the people who they will have to kill or know that they can be the one to die that day. The black box that contains the papers of the lottery is a symbolism of fear in the story. It presents death not only by the use of the color black but also because it holds the one paper that is the deciding factor of being the winner of the lottery. This is seen as â€Å"the villagers kept their distance, leaving a space between themselves and the stool (Para.4),† where they are unconsciously afraid of the lottery but doesn’t protest about its effects. Work Cited â€Å"Dystopias: Definition and Characteristics.† Readwritethink.org. ReadWriteThink, n.d Web. 18 Jan 2013 â€Å"The Lottery.† American Literature. N.p, n.d Web. 18 Jan 2013

Saturday, September 28, 2019

Organic Lab 7

Amanda Jornd Experiment 7- Synthesis and Reactivity of tert-Butyl Chloride Via an SN1 Reaction Introduction/Background: Alkyl halides are compounds in which a halogen atom replaces a hydrogen atom of an alkane. Alkyl halides are classified as primary, secondary or tertiary depending on the number of alkyl substituents directly attached to the carbon attached to the halogen atom. The purpose of this lab was to properly prepare t-butyl chloride from t-butyl-alcohol in a concentrated hydrochloric acid.The reaction occurs through a nucleophilic substitution, which is when a nucleophile replaces the leaving group in the substrate. In this lab, the hydroxyl group of t-butyl alcohol is replaced by a chlorine atom. The reaction proceeds through an SN1 mechanism (Weldegirma 38-41). â€Å"A nucleophile is any neutral or uncharged molecule with an unshared pair of electrons. In the substitution reaction, the nucleophile donates an electron pair to the substrate, leading to the formation of a n ew bond to the nucleophile, while breaking the existing bond to the leaving group† (Solomons and Fryhle 99-102).The two types of nucleophilic substitution reactions, SN1 and SN2, are identified based on whether the different steps occur simultaneously (SN1) or in two separate steps (SN2). To synthesize the t-butyl chloride, the t-butyl alcohol goes through an SN1 reaction. Also, the nature of the solvent can affect which substitution reaction will occur. Polar protic solvents typically favor SN1 reactions. This is because the SN1 mechanism is carried out in two steps and the polar protic solvent produces both a cation and an anion which are capable of stabilizing the charges on the ions formed during the reaction.Because an SN2 reaction occurs in one step, this is unfavorable; however, the SN2 reactions tend to favor polar aprotic solvents. Another factor affecting the type of substitution reaction is the nature of the leaving group. Since the SN1 reactions occur in one step, they generally require an excellent leaving group and won’t typically run with a poor leaving group. The SN2 reaction also favors excellent leaving groups but can run with any type of leaving group because it is run in two different steps. To synthesize the t-butyl chloride, the t-butyl alcohol goes through an SN1 reaction. Weldegirma 38-41). Mechanism of the preparation of tert-butyl chloride: Possible side reaction during the preparation of tert-butyl chloride: Experimental Section/Flow Chart: Part 1: 60mL separatory funnel + cooled 15mL of concentrated HCl to 0? C + added 15mL of HCl to separatory funnel + added 5mL tert-butyl alcohol +swirled it without the stopper for 20 minutes + let stand until two distinct layers were formed + drained lower layer into Erlenmeyer flask and saved just incase Organic Layer- in separatory funnel +added 30mL of DI water + swirled for a few minutes let stand until two distinct layers formed + drew off lower layer into Erlenmeyer flask and s aved just incase Organic Layer- in separatory Funnel + added 15mL of 5% sodium bicarbonate + shook with stopper with venting + let stand for a few minutes until two distinct layers formed + drew off lower layer into Erlenmeyer flask and kept just incase Organic Layer- in separatory funnel + added 15mL of water + swirled for a couple minutes + let stand until two distinct layers have formed + drew off lower layer into Erlenmeyer flask and kept just incase Organic Layer transferred product layer into clean/dry 125 mL Erlenmeyer flask + added 1. 5 grams of anhydrous calcium chloride to dry the product +decanted into round bottom flask + added 6 boiling stones + ran through a simple distillation Tert-Butyl Chloride Part 2- Test tube #1- + added . 1mL tert-butyl chloride from part 1 + added 1mL of NaI + shook while holding top of test tube with finger + recorded time, look, color, etc. Negative Result Test Tube #2- + added . 1mL tert-butyl chloride from part 1 + added 1mL of AgNO3 + shoo k while holding top of test tube with finger recorded time, look, color, etc. Positive Result Test Tube # 3- + added . 2mL tert-chloro butane + added 1mL of NaI + shook while holding top of test tube with finger + recorded time, look, color, etc. Positive Result Test Tube #4- + added . 2mL tert-chloro butane + added 1mL of AgNO3 + shook while holding top of test tube with finger + recorded time, look, color, etc. Negative Result Table of Chemicals: Table of Chemicals 1: Table of Chemicals 1: Chemical Name-| Physical Properties- | Chemical Properties- | Tert-Butyl Alcohol-| M. P. -25-26 ? CB. P. – 82-83? CMolecular Weight- 74. 2 g/molWater Solubility- miscible| Combustible- noFlammable- yes| Hydrochloric Acid-| M. P. – -114? CB. P. – -85. 05? CMolecular Weight-36. 4 g/mol| Combustible- yesFlammable- no| Sodium bicarbonate-(Chembook) (Chembook) | M. P. – 50? CB. P. – 851? CMolecular Weight- 84 g/molWater Solubility- 9 g/ 100mL| Combustible- noFlammab le-no| Table of Chemicals 2: Table of Chemicals 2: Tert-butyl chloride-| M. P. – -26? CB. P. – 51? CMolecular Weight- 92. 57 g/molWater Solubility- sparingly| Combustible- noFlammable-yes| Anhydrous calcium chloride- | M. P. – 772? CB. P. – 1935?CMolecular Weight- 110. 98 g/molWater Solubility- 74. 5 g/ 100mL| Combustible- yes/ slightlyFlammable- no| Silver nitrate-| M. P. – 212? CB. P. – 444? CMolecular Weight- 169. 87 g/molWater Solubility- 122 g/100mL| Combustible- noFlammable- no| Sodium iodide-(Chembook) (Chembook) | M. P. – 661? CB. P. – 1304? CMolecular Weight- 149. 89 g/molWater Solubility- 178. 8 g / 100mL| Combustible- noFlammable- no| Table of Chemicals 3: Table of Chemicals 3: 1-chlorobutane- (Chembook) (Chembook) | M. P. – -123? CB. P. – 78? CMolecular Weight- 92. 57 g/molWater Solubility- . g/L| Combustible- YesFlammable-Yes| Results: Percent Yield- t-butyl alcohol: Density = Mass/Volume : M= . 842 x 5 = 4. 21 grams Mass/ M. W. = # moles : 4. 21 g / 74. 12 g/mol = . 0568 moles of t-butyl alcohol t-butyl chloride: Density = Mass / Volume : M= . 397 x 2 = . 794 grams mass / M. W. = # moles: . 794 g / 92. 57 g/mol = . 00858 moles of t-butyl chloride Because of a 1:1 ratio then you can use actual / theoretical x 100 . 00858 moles / . 0568 moles x 100 = 15. 105 % Results Table 1: Results Table 1: | Color| Precipitate appearance| Time of precipitate| After warm water (50?C) bath| Positive or Negative Result| Test Tube # 1- T-butyl chloride & NaI| Clear/ faint tint of yellow| No precipitate| Over 6 minutes and still no precipitate| Nothing occurred after 6 minutes in the steam bath| Negative Result| Test Tube # 2- T-butyl chloride & AgNO3| Cloudy and white| Yes, small solid particles| . 8 seconds| N/A| Positive Result| Test Tube # 3- t-chloro butane & NaI| Slightly cloudy with initial drop but quickly turned clear| No precipitate after 6 minutes| 6 minutes RT, for steam bath 4 minutes 58 seconds| Yellow solution as well as white precipitate on bottom formed. Positive Result| Test Tube #4- t-chloro butane & AgNO3| Clear colorless liquid| No precipitate| 6 minutes RT, 6 minutes steam bath| No precipitate| Negative Result| Discussion: Throughout this lab, the main goal was to properly create a t-butyl chloride. In order to test if we properly received our product we tested the sample with two different solvents, a solvent of sodium iodide and silver nitrate. If an alkyl halide is a tertiary one, it can easily react with a solvent of silver nitrate to generate a relatively stable tertiary carbocation through an SN1 reaction.If an alkyl halide is a primary one, it can then react with iodide ions in the sodium iodide solvent by an SN2 mechanism showing a precipitate of insoluble sodium chloride. Heat can also be used in this process to speed up the reaction (Weldegirma 38-41). The first test we ran was t-butyl chloride and sodium iodine. After mixing the two compounds , there was only a slight tint to the liquid but remained clear and precipitate free for 6 minutes of being room temperature. We then placed it in a warm water in which there was no precipitate that formed while being heated.This test yielded a negative result. The second test that we ran was t-butyl chloride and silver nitrate. Directly after mixing the compounds, there was an immediate white precipitate that had formed. This test yielded a positive result. A negative result with sodium iodide and a positive result of silver nitrate concluded that our solution of t-butyl chloride was a pure tertiary alkyl halide. Our third test was run with t-chloro butane and sodium iodide. This test initially did not form a precipitate while it was kept at room temperature.We then used a warm water bath in which after 5 minutes the solution formed a white precipitate and a yellow liquid. This shows that this test was a positive test. The fourth test was with t-chloro butane and silver nitrate. Th is test did not form a precipitate at room temperature or during the steam bath. This shows a negative result. With the t-chloro butane, the negative result with silver nitrate and the positive result of sodium iodide prove that this is indeed a primary alkyl halide. Conclusion:In this lab, we properly carried out an SN1 reaction from t-butyl alcohol to t-butyl chloride and found that we did in fact create a t-butyl chloride by getting a positive result from our silver nitrate test in the end. Although we weren’t able to visibly see with our eye the nucleophilic attack, the steps that we carried out in the lab showed the separated layers and that there were reactions going on during each step. The organic layer that was continuously washed was undergoing the slow reaction process during each separating stage.In the end, after the distillation of the solution, the SN1 reaction was completely carried out. The information from this data has revealed that it is possible to carry out an SN1 reaction in a lab; however, in the process of washing the product there will be a lot of material lost giving a low percent yield in the end. It would be smart to use chemicals that are inexpensive and in large quantities to carry out these types of reactions. The information and techniques performed in this lab could be applied to other situations in an industrial setting.One example of this could be creating chlorofluorocarbons which used to be produced for aerosol cans and other products. Although these are no longer widely used in the world due to ozone effect, the SN1 reaction could be done with these chemicals. Overall, the lab accomplished what it was set out to do. References: â€Å"Chemical Book. † 2008.

Friday, September 27, 2019

Statistical Analyses of Research Question Statistics Project

Statistical Analyses of Research Question - Statistics Project Example Regulation takes two broad forms: formal (constitutes regulation by authorities to prevent society from falling into some ungovernable state; for instance, employment of sanctions by law enforcement authorities) and informal (which involves an adaptation process triggered by socialization – the process of transforming persons with a potentially wide range of behavioral traits to conform to a narrower set of values accepted within the society they are adapting to (Warner, Leukefeld & Kraman, 2003). Yet transforming to an extent of fully conforming to the set social and legal standards that govern a group of individuals is not easy. This not only affects individuals who are new to a locality but it also forms a basis for social and legal strife among members of all ranks. Notably, the transformation process has been associated with challenges, including engagement in drug abuse and alcoholism, burglary among other antisocial behaviors (Fulkerson, Pasch, Perry & Komro, 2008). Research into the effects of informal social control is largely confined within the principles of the social control theory. The theory proposes four types of control: internal, indirect, direct, and control through satisfaction (Pratt, Gau & Franklin, 2011). Informal social control is of specific importance since it involves aspects of the individual’s ability to interact and socialize effectively in order to conform to the desired socio-legal model. Warner, Leukefeld and Kraman (2003) noted that the influence of social ties in mediating conformity to set social standards is unclear. For instance, ghetto-related behaviors tend to mutilate community values, and the resulting community is characterized by ambiguity in value adoption; with a section of the population drifting towards the larger community’s ideals and the remaining section adapting to ideals

Thursday, September 26, 2019

Team and Teamwork Essay Example | Topics and Well Written Essays - 3250 words

Team and Teamwork - Essay Example With the suggestions that teamwork increases business activities, there is no clear empirical support as to such evidence. However, according to managers and employees the effectiveness of teamwork is great (Allen & Hecht, 2004). There are numerous articles that state about the term team, which consists of two or more individuals, who are entitled to specific assignments and roles, and whose task is to perform interdependent tasks. However, being adaptable to numerous changes within the organization and outside it, they are able to follow and share a common goal. To work effectively together, team members should have specific knowledge, skills, and attitudes, such as the ability to monitor the performance of others, knowledge of own and teams responsibilities and a certain attitude toward being as part of a team. Such skills are crucial for teamwork. Moreover, according to the extensive research on teamwork showed that along with the skills necessary for the effective teamwork, there also should be a set of interrelated skills that assist performance of all the tasks of the organization. Teamwork differs from task work, for example, a surgical skill. However, teamwork and task work require teams to be effective in complex environments. In addition, knowledge and skill at the task are not enough in health care system for example. Teamwork depends on each team member’s ability to meet the needs of others, to be able to adjust to others actions and have a general realization of how a certain goal should be achieved (Baker,  Day &  Salas, 2006). It is also important to mention that skills are all individual acquisition of team members and can be opposed to team-level competencies. It means that team members bring personal skills to their teams engaging in the work. Competencies are not unique to the team.To bring up the positive and working environment within the team, there are many ways that leaders and team members can use to increase their contributi on. The first and the main factor are to have a responsible and effective leader of the task or the project. The person who is in charge should be not a micromanager and use its excessive power to dominate others. The ability to be tactful and to encourage others is important traits of the effective leader and should be a must. Such leader will be able to values each team member and everyone’s contribution to true consideration. There is also a need to invite a stakeholder in the task or a project because it will bring the team feeling of meaningfulness toward the people and sides engaged in the process. The other important factor for the team to work efficiently is to praise the team and its individuals as well. Every piece of work and every contribution should be appreciated and recognized in the form that each member would consider good for one. Some credit toward teamwork and its members will motivate people to more accomplishments.

Norman Rockwells Paintings Essay Example | Topics and Well Written Essays - 500 words

Norman Rockwells Paintings - Essay Example The paper "Norman Rockwell’s Paintings" explores the artworks of Norman Rockwell. Rockwell believes that although one of the student stares outside the window as a sign of individualism, they will be attentive and focussed children. The drawing is all inspiring because it communicates idealism. The painting portrays a learning experience for students, teachers, and adult learners. The artist had an insightful observation of Russian classroom experience of school children in the 1960s (Marina Forbes. Russian education system). The artist reflects what he observed during his visit and his amusement with what he saw in the Soviet Union. This encouraged him to think about the events and inspired other students in all classes. It is also an inspiration to teachers and parents on how children can on their own stay focused.Hall believes that the painting is a portrait of the problems we daily live with and has been embraced as a civil rights’ important symbol. It acted as a re membrance when the United States Supreme Court declared the racial segregation unconstitutional. The painting has a young determined black girl who is going to school under escort. This symbolizes victory on the black race following the court verdict that it is unconstitutional for a state law to establish separate public schools for blacks and whites. This brings out Norman as a supporter of equality and tolerance. The painting shows the declaration by Norman that the federal Supreme Court stated firmly that segregation is illegal.

Wednesday, September 25, 2019

Marketing Strategies of Samsung Electronics and Apple Incorporated Essay

Marketing Strategies of Samsung Electronics and Apple Incorporated - Essay Example Due to the heightened competition, both Samsung Electronics and Apple Inc. have embarked in strategic marketing operations over the past five years in a bid to woo more customers. They have done this through the consideration of certain aspects of strategic marketing that include market segmentation into various unique products such as the smartphone for Samsung and the iPad for Apple. In this case, the companies consider special target markets for their products by looking at both the micro-environmental and macro-environmental aspects of their markets. The findings show that through strategic marketing approaches that include positioning and targeting strategies, the two companies have been able to stay afloat in the competitive market of electronics industry. Every organization that operates in the business environment understands the significance of applying good marketing strategies in order to gain a competitive edge in the market (Ottman, 2011). In most business enterprises, m arketing comes in as a first priority as it ensures that customers are adequately satisfied through regular contends and improvements (Doyle, 2008). Although virtually every market environment experiences varying degrees of competition, the competition so encountered at the global market is normally intense to the extent that call for extraordinary marketing strategies (Groucutt, Forsyth, & Leadley, 2004). Concerning the multinationals that deal with a wide range of products, certain crucial marketing principles and practices give them an edge, as their main intention is to appeal to a diverse clientele across the globe (Park & Gil, 2006). ... virtually every market environment experiences varying degrees of competition, the competition so encountered at the global market is normally intense to the extent that call for extraordinary marketing strategies (Groucutt, Forsyth, & Leadley, 2004). Concerning the multinationals that deal with a wide range of products, certain crucial marketing principles and practices give them an edge, as their main intention is to appeal to a diverse clientele across the globe (Park & Gil, 2006). With this in mind, it is prudent to define marketing as the whole process involves in the communication of certain values of products and / or services to target customers (Doyle, 2008). This is normally with the intention of increasing the sales margin and the customer base that are key aspects to any business enterprise (Burrow & Bosiljevac, 2012). Perhaps it is worthy to note that some of the renowned international companies have over the years engaged in intensive and extensive marketing effort in a bide to lure more customers thereby increasing their sales and profit margins (Groucutt, Forsyth, & Leadley, 2004). These include but not limited to Samsung Electronics and Apple incorporated that operate on a global platform with most of their products being of electronic nature. While Samsung manufactures, distributes, and sells, electronic products ranging from computers, televisions, cameras, to radios (Park & Gil, 2006), Apple Inc. does the same with most of its branded products including the iMac, iPod, iPad, and iPhone (Apple Inc., 2013). The purpose of this report is to explore marketing strategies of Samsung electronics and Apple Inc. borrowing heavily from the theories and principles of marketing in the critical evaluation. Industry background The electronics industry is a wide

Tuesday, September 24, 2019

Case study Example | Topics and Well Written Essays - 1000 words - 34

Case Study Example Plants in Egypt and Trinidad (Atlas and Titan) are worked as joint endeavors with Methanex holding basic interest of 60% and 63.1%, individually. The paper seeks to carry out a comprehensive analysis of the company’s SWOT analysis before the year 2013. In addition, the paper will discuss the key recommendations on how to solve the issues both qualitatively and quantitatively (Methanex, n.d.). Some of the major issues affecting the company include holding a large amount of Assets (PPE) sitting unused due to political instability in Chile and Egypt leading to wastages. Notably, these wastes constitute to close to $1.87 B in initial investment costs that could be put to constructive use. In addition, the company lacks diversification and is completely dependent on the sale of Methanol making it not competitively effective. Besides, the company has not fully taken advantage of economies of scope since almost all of its competitors produce other materials (Methanex, n.d.). Methanol in its pure form cannot be directly used since companies buy from Methanex to produce other materials. The replacement cost of assets are more than the market value of the company (2/3 cost). This implies that if the company goes under, they could not sell assets to cover all the cost. Another major challenge that the company faces is high operational cost (Zacks.com, 2014). In fact, 80% of cash co sts go to purchase of natural gas and energy use costs hence increasing the operational cost (Arslan & Er, 2008). Its greatest contender (MHTL), could conceivably make them bankrupt in Trinidad (where the vast majority of Methanexs yield is produced) The biggest utilization for methanol, formaldehyde, has had terrible attention in the U.S. in view of conceivable negative wellbeing impacts identified with presentation (Leukemia, numerous myeloma, Hodgkins). High purchaser power- methanol expenses represent a little divide of what

Monday, September 23, 2019

Management & Organisation Essay Example | Topics and Well Written Essays - 3000 words

Management & Organisation - Essay Example The desire to function is motivation. Motivation refers to psychological aspects that have the ability to arouse in an individual the literal desire to achieve set goals besides sustaining, controlling, and eliciting specific goal-oriented behaviors (Kleinbeck, et. al., 2013). According to Miner (2012), Motivation plays three significant functions; assisting employees to understand their behavior, assisting managers to build and manage an effective motivation system, and provides conceptual tools for identification and analysis of various motivation problems. The following are some of the aspects of motivation within an organization. Discussions Needs Theories Indisputably, motivation revolves around behaviors and needs. Since motivation aims at the needs of the employees, various need theories towards motivation have been proposed. Examples of such needs theories include Murray’s theory of Human Personality, Maslow’s Hierarchy of Needs, McClelland’s Achievement Motivation theory, and Herzberg’s Motivator-Hygiene theories. Kleinbeck, et. al. (2013) add that within the contemporary environment there have been classifications that include cognitive and behavioral theories. Theories in these categories include expectancy, equity, goal setting, and behavior modification theories. Murray’s theory of human personality focuses on two forms of needs; physical and psychological. In this theory, both physical and psychological needs are a link connecting stimulus and employee’s reaction to the same (Kunitz, 2011). Maslow’s hierarchy of needs theory on the other hand focuses on five basic groups of necessities or basic needs. Maslow believes that these needs are so basic that every employee is motivated to achieve them (Kunitz, 2011). The needs include physiological, safety, social, esteem, and self-actualization. E.R.G. theory focuses on three groups of needs; existence, relatedness, and growth. The need for achievement, p ower, and affiliation form the epicenter of McClelland’s achievement motivation theory (Kunitz, 2011). Lastly, Herzberg’s Motivator-Hygiene theory focuses on the satisfiers and dissatisfies. In this theory the motivators include achievement, recognition, and specific work (Miner, 2012). Hygiene factors play a significant role in motivating employees. Expectancy/Goals Theories Expectancy or goal theories define how to motivate the employees. However, it is important to note that expectancy/goals theories are more sophisticated (Kunitz, 2011). Evidently employees are motivated if they expect they can achieve their goals that attract both intrinsic and extrinsic rewards.

Sunday, September 22, 2019

Grandfathers Journey by Allen Say Essay Example for Free

Grandfathers Journey by Allen Say Essay Question 1. Describe how the story is structured to influence your response to the text. Question 2. Describe one of the storys major settings. How is it constructed and what is its significance to the story and its ideas? North America is the major setting in this book. North America holds a lot of new technology and everything is new and spectacular to him, the trains, the enormous rock sculptures and an endless farming field are examples of this. There is also a bad side to this place; there are huge cities of factories and tall buildings with thick smoke coming out of each building. But above all, best place was California, where there were a strong sunlight, the Sierra Mountains and the seacoast. Along the way he had met and shook hands new people, which had different cultural backgrounds to him. This setting is constructed in a way that the more the grandfather travels the more he liked it and wanted to make the New World his home. This setting shows that the cultural barrier can be broken and people should go out and see the world and meet new people to develop more familiarity of the world they live in. Question 3. How are you positioned to respond to the major character/s of the story? What values are represented through them? Question 4. Describe the extent to which language and graphics are successfully used together to shape your response. Discuss with close reference to at lease two examples. In the Grandfathers Journey, there are a few pages where the graphics and the text connect together to give the reader a better understanding of situation. At the beginning (on page 4) the text was My grandfather was a young man when he left his home in Japan and went to see the world. On this page it shows the grandfather in Japanese clothes and the background had very dull colours because he is still in the Old World. On the next page it shows the transition to the New World. The background colours have changed from dull to bright and he had changed into European clothes. The wave that looks very unsteady shows the New World. All this happens when you want to see the world. On page 17, there is a picture of the grandfathers daughter holding a pram with a European doll sitting in it. The text that goes with the page was As his daughter grew, my grandfather began to think about his own childhood. He thought about his old friends. In the picture the author shows the contrast between the Asian girl and the European girl using different clothing and the cultural difference (seen through the colours of the hairs). When compared, the grandfather began to remember how his old friends in Japan were when they were little. This illustrates think about his own childhood. He thought about his old friends. Question 5. Discuss the attitudes and values of the text and your personal response to these. Question 6. Describe at least one link you can make between this book and another/other texts you have read or viewed. How do the texts compare in terms of the ideas presented and how do you respond to these ideas? One of the pages in this book makes us realise that we often label Japan as the enemy in World War II, whilst they were also the victim and had also suffered a large amount of devastation. In the film Pearl Harbour, one of the scenes was Japan bombing Pearl Harbour. This only shows the negative side of Japan, where they were attackers, but it did not show them as the victims suffering from the disaster. This movie is persuading the audience to blame Japan for the damages of the war, where Japan had to go through the emotional breakdowns and physical injuries. Even though the book tells us not to blame Japan for the damages and the movie shows us that Japan was the enemy in World War II, there is still a link between the two texts and that is after a war majority of the participating countries will have, no matter large or small, havocs. I think, because of this, we should not blame a certain country for the occurrence of the war, and should not blame any country since the countries that participated are both enemies and victims of the war.

Saturday, September 21, 2019

Robert Frost Figurative Language And Symbolism English Literature Essay

Robert Frost Figurative Language And Symbolism English Literature Essay He begins by saying She is as in a field a silken tent on line 1. The tent here is a metaphor for a woman or women in general, whilst the field in which it is set perhaps represents society and her family. The woman is a silken tent, silken here suggests femininity as opposed to the rough canvas of other such tents. The centre pole symbolises the soul of the woman, whilst her personality is represented by the capricious breeze that causes the tent to move and sway, reflecting her limited freedom. Like a tent, a woman also has strong support inside of her, being her spirit, which has constraints on her freedom in a similar way the guy ropes would hold the silken tent in place. Frost has cleverly reflected the relationship between a tent and a woman in the form of the poem. The poem is one long, graceful sentence that is completely free and relaxed in its manner, whilst being held within the strict boundaries of the Shakespearean sonnet form. In the same way, the poem describes a woman whose life unfolds in a very relaxed, natural way, within numerous strict boundaries. The tent metaphor works perfectly to represent a woman, as the tent seemingly stands alone in complete freedom, until the sway causes the guy ropes to apply gentle pressure and she is sharply reminded of her responsibility as duty calls her to go back to her place. It reflects the idea that there is bondage in the life of this woman, meaning that ultimately she is free but within her confinement. Although she is not strictly held, she is like the tent loosely bound with countless ties that are revealed when a capricious breeze comes into play. As the wind blows, symbolising the idea that chaos will happen, the woman remains strong, maintaining her femininity and beauty. Another interpretation through the symbolic language could be suggesting a relationship between a man and a woman. Like silk, the woman is light, smooth and precious, like the relationship they share. The spiritual dimension of their relationship is obvious within the language as Frost writes, its supporting central cedar pole, That is its pinnacle to heavenward. The pole also represents the masculine strength and support for the feminine side, which is the silken tent. It could be interpreted that there are sexual connotations behind the imagery of the silken tent and the central pole being the pinnacle to heavenward. The tent is imagined At midday when a sunny summer breeze Has dried the dew, any morning dew which would have soaked the tents guy ropes to make them taut have evaporated, and the ropes are now gently swaying. At a subconscious level, this imagery conveys a sense that the woman being described is not tense or nervous, but is relaxed and comfortable to be around. It does not reflect the idea that the woman is blown around by every bit of wind, but is strong. The womans job in a sense is to be warm and pleasant, a sunny summer breeze. On line 13,capriciousness of summer air signifies the naughty, more playful side of the woman, summer air being the more passionate side to her nature. The tents pole conveys the strength and almost backbone of her character, being able to be free within her confinement with happiness. Her character derives in part from her deep attachment to friends and family, from countless silken ties of love and thought. It symbolises the idea that she is very much a t ease in her situation; her relationships do not entangle or bind her to limit her freedom. Although the poem sounds relaxed and peaceful, like the sunny summer breeze, the underlying message is about the bondage of women in silken ties to family and society in general. The main symbol shows that women are tied in place by their love, loyalty and trust to everything around them, be that their family or society. The last line is seemingly important, slightest bondage, showing here that the woman is owned by the man and those in her life, ultimately she will never be completely free from the ties and poles holding her down. La Belle Dame Sans Merci was written by John Keats in the early 19th century, towards the end of the Romantic period. It is ultimately about the dangers of obsession, mainly that of a romantic or erotic kind, but looking closely comparisons can be drawn between this and Robert Frosts The Silken Tent. One of the biggest symbols Keats explores within La Belle Dame Sans Merci is that of nature and flowers. He uses the nature of the knights surroundings to add to the tone of the poem, creating a desolate and empty setting. On line 3, the speaker says, The sedge has witherd from the Lake This suggestion of it being autumn adds connotations of old age and imminent death, suggesting the inevitable outcome of the Knight by the end. The suggestion that it is autumn is made clear by line 4, no birds sing. The absence of birds makes the setting seem bleak and isolated. This leaves an empty setting where the unknown speaker and the knight are seemingly the only two living things amongst the landscape. Keats purposefully chose this as his setting to mirror the knights own emotional desolation.

Friday, September 20, 2019

Critical Debate On Nuclear Family Sociology Essay

Critical Debate On Nuclear Family Sociology Essay There is a great deal of work within many disciplines, such as history, psychology and anthropology, on family studies, available to researchers. This undoubtedly serves to inform our awareness of the interdisciplinary, varied, and at times controversial, nature and lack of stability around the idea of family. Much of this research highlights a number of major perceived problematics: the related characteristic political discourses, social policies and cultural narratives, which differ dramatically from contemporary family relationships and formations of the 21st century. In view of this, this essay critically explores the concept of the nuclear family. It discusses the political contexts and social discourse in which understanding of family has been set. It explores how and why understandings of what make family have changed, paying attention to how it is lived within contemporary society. It reflects on the practices that equate to family. Section 1 Critical debate on nuclear family Many early functionalist sociologists perspectives on the family (Murdock, 1949; Talcott Parsons, 1960) focus heavily on the idea of the nuclear family, which consists of a married couple (male and female) and their biological offspring. There are many issues with the functionalist nuclear family model. For example, it assumes the family to be composed of a heterosexual couple, and that specific structures and practices exist which define this type of family (Widner Jallinoja, 2008). Further to this, the nuclear family model makes assumptions about gender roles within these specific structures (OINONEN, 2008). It is heterosexist (Stacey Davenport, 2002; Pothan, 1992), based on traditional historic ideas of what family should be (Richardson, 2001). For example, the man is the provider and the woman is the nurturer. It promotes hierarchies within the family, with the man situated at the top in relation to the woman, but also as adults in relation to the children (Taylor, 1998). This model can also be seen as western, and assumes a universal model rather than thinking through the historical and cultural specificity of family formations. As a functionalist construct, some researchers (Weeks, Heaphy Donovan, 2001) highlight the heterosexual functions and practices that families have assumed, such as the socialisation of children, where children and young people learn social roles and morals, what is right or wrong: the norms. Donavan (2013) notes this as the heterosexual assumption; similarly, Rich (2007) discusses this in terms of compulsory heterosexuality, assuming this is how gendered roles are transmitted and important for the development of sexualities. The functionalist nuclear family model makes the assumption that specific family formation is not neutral, often with a privileging of heterosexuality (Donavan. 2013). This, however, is a certain form of heterosexuality, as not all heterosexuals are privileged in the same way, for example, if they live outside of the normative ways of living associated with the nuclear family model, such as single or gay parents. Therefore, it could be argued that the nuclear family model is heterosexualised, classed and racialised against these none-normative ways of living (single and gay parents) and their forms of inappropriate heterosexuality. It could be claimed that the functionalist nuclear family model suggests that there is a particular form of living within a heterosexual way that becomes the pinnacle of how we should live, look up to and aspire to do or be. That is not just in terms of how we live with our families, but also the practices within and outside of society: the public and private, for example how we believe authentic love happens. To conclude, many early functionalist sociologists perspectives on the nuclear family (Murdock, 1949; Talcott Parsons, 1960) are now heavily criticised and outdated. However, what we do have are cultural, political and ideological discourses that equate the family to being a specific shape, structure and set of roles. Section 2 Political and social contexts Before discussing and evaluating the new terms and theories within and around family, it is important to reflect on the political contexts and social discourse in which understandings of family and specifically the nuclear family have been set. The late 80s and early 90s were noted as the start of a neo-liberalist society, yet ideologically this era also promoted a particular way of living: a neo-conservative family life. After reading up on some of the literature around government policy and practices from this period, I can see a real contradiction as to whether the state had any involvement in personal / private family lives or not. It tended to step away, detach and disengage in one sense, yet normalise, regulate and control in another. For example, Thatchers views on family and what family was were simple: traditional Victorian family values and the nuclear family. Thatcher and the Conservative government argued that the 60s had started to tear apart this ideal of the family and promote inappropriate promiscuity and sexual freedom. Thatchers also disliked the fact that there were many social movements developing, such as the Hippy Movement, Civil Rights Movement and Peace Movement, and in the late 70s and early 80s, the conservative government felt like their ideal of the family was under attack (Holborn Steel, 2012). Thatcher argued that this was potentially the end of society and the nuclear family and that she will fight hard to regain the traditional family values. It could be claimed that her neo-conservative intentions were to reinforce traditional Victorian family values in society, and re-establish the importance of the traditional heterosexual nuclear family. There was a great deal of legislation created on the basis of Thatcherism, a new hegemonic politics in which the Left was increasingly marginalized. For example, Section 28 (also known as Claus 28) of the local government act 1988 was a controversial amendment to the UKs local government act 1986. Enacted on the 24th May 1998, the amendment stated that local education authorities shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality or promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship. After Section 28 was passed, there was a lot of debate as to whether it actually applied in schools or whether it applied only to local education authorities. Most teachers acted extra cautious due to not knowing what they were actually permitted to do. Some sociologists (Weeks, 2007) believed that Section 28 enlisted teachers to stigmatise part of our society; and this then caused schools to fail to engage in basic social justices. In relation to these concerns; and a call for further explanation by numerous professionals working in the pedagogic environment, the National Union of Teachers published a statement, remarking that: whilst section 28 applies to local authorities and not to schools, many teachers believe, albeit wrongly, that it imposes constraints in respect of the advice and counselling they give to pupils. Professional judgement is therefore influenced by the perceived prospect of prosecution. Similarly, the Department for Education and Science (1988) made the following statement regarding Section 28: Section 28 does not affect the activities of the school governors, nor the teachers. It will not prevent the objective discussion of homosexuality in the classroom, nor the counselling of pupils concerned about their sexuality Many Conservative backbenchers disagreed with the above statements, and supporters such as Baroness Knight of Collingtree (then Conservative MP Jill Knight) who introduced Section 28, and wanted to back up her initial justification for the act, discussed the history behind initially setting up Section 28. She was the chairman of her local Child and Family Protection Group, and was contacted by numerous concerned parents who strongly objected to the fact that their children were being taught about homosexuality through specific literature that was being used to teach their 5 and 6 year olds. For example, a book called The Playbook for Kids about Sex, in which brightly coloured stick men showed all about homosexuality, and how it was done. Another book called The Milkmans on his Way explicitly described homosexual intercourse. In retrospect, the above statements seem to suggest something of an internal problem: a problem with the literature that was being produced for the pedagogic environments. This was also brought to light in 1983, when the Daily Mail reported that a copy of a book entitled Jenny lives with Eric and Martin, portraying a little girl who lives with her father and his gay partner, was provided in a school library run by a London Education Authority. There was a large political response towards Clause 28; and this served to galvanise the disparate British gay rights movement into action; and the resulting protests saw the rise of now famous groups like Stonewall, started by, amongst other people, Ian McKellen and OutRage!, subsequently led by Peter Tatchell, who is still now an iconic gay activist (Tatchell, 1993; LGF, 2008). Although Section 28 has been repealed on the 18th November 2003 by section (122) of the local government act 2003, there are still a number of complex issues to be tackled with regards to the teaching of homosexuality, gay marriage and contemporary family life. Faith school are a major problem (LGF, 2008), and as Waller (2009) suggests religious views need to be addressed more. More debate is needed on love, respect and diversity within and outside of contemporary family life for faith schools, as this would then avoid the so called promotion of homosexuality and pretend family relationships, and focus more on the diversity of sexuality and family life. Gay rights activists, such as Tatchel (2001), discuss their concern for the lack of progress within this area, and mentioned that there is going to be more of a battle to beat the last acceptable prejudice within our education system (LGF, 2008). In contrast, Waller (2009) suggested that as sex education in England and Wales has been regulated solely by the Secretary of State for Education since the Learning and Skills Act (2000) and the Education Act (1996), it could be argued that Section 28, before its repeal, was already largely redundant. Local education authorities, such as Manchester, continued to deliver training to their staff on how to deliver their services without discrimination against lesbians and gay men; and these pioneering works were never once challenged by the act (Waller, 2009). There is, however, one case of Section 28 being used to bring a case to the courts against a council. In May, 2000, the Christian Institute unsuccessfully took Glasgow City Council to court for funding an AIDS support charity which the Institute alleged promoted homosexuality and disrespectful family relationships. It could be suggested that in order to create change, we must consider the psychology (Hanley, 1993): mapping the information against the general certificate of secondary education (GCSE) curriculum, and making it accessible to the children. Training the teachers so that they are confident in delivering it correctly, as at present, many teachers are not equipped to discuss the complexities of the human sexuality and contemporary family life. Cookson et al, (2009) suggests that this personal and professional development should be a priority for any local education authority. Schools should be encouraged to expressively forbid discrimination on the grounds of sexual orientation within their codes of conduct, whether the school has a religious character or not (Cookson et al, 2009). Then, at an appropriate stage of the national curriculum, students should be encouraged to examine the variety of views on human sexuality and family life, and as Waller (2009) suggests, this will then allow them to develop their own position within their understanding of and within these complex areas. However, despite the controversy around Section 28, it should be noted that Thatcher supported legalising homosexuality in the 1960s, and in the face of severe opposition from Tory traditionalists, in 1967, she voted in favour of the decriminalisation of homosexuality in England and Wales. The Conservative government still however caused much uproar, as although the hegemonic legislation was in force, to ostracise; to an extent it did the opposite. It made people fight. Fight for their right to have equality, to be a family, or at least have that choice. Although many gay communities had been decimated by the AIDS epidemic, something extraordinary happened. People joined together, from within and outside of their communities, as a family, setting up support groups, lobbying parliament, fighting for their right as a community, and as a family. Not blood-related though, but as families of choice (Donavan, 2012; Weeks, 2001). They had connectedness, cared for each other, and were loyal: and not the drug-taking, promiscuous loons as described by one Tory MP at the time (Briggs, 1987). Over the following years, many of the HIV positive men died, and during this period further inequalities became stark. Partners, who had supported, cared for and loved their partner for many years were not recognised legally, for example, during the sale of a house. Blood family members of the deceased or dying would deny same sex partners access to their dying partners bedside or attendance at the funeral. These harsh inequalities highlighted through these challenging times, but also politicised a generation (Donavan, 2013). Weeks (2007: 2) support this notion of politicisation, and suggests that the longer term perspective tells us something different as despite the setbacks, pain and loss of the 1980s and early 1990s we can now see that under the surface of events, dramatic changes in sexual and intimate life were taking place, a sort of grass roots revolution, that have transformed the possibilities of LGBTQ lives In view of Weeks (2007) quote, it should therefore be argued that the battle for legislative reform is about a formalisation of a right to exist in the public sphere, and a public declaration of, for example, love, marriage, equal opportunities and family. Weeks (2007) supports this critique and proposes that this shake up also started to deconstruct the idea of a family unit, and so destabilise specific social norms and boundaries, which existed between the public and the private. This political and social shift is important, as when public and private start to collide, the old school family unit that is ideologically engrained within society and culture is challenged (Richardson, 2000). This is a powerful, and much needed shake up, which has had considerable consequences further down the line, and has attacked many discriminative social forces and factors underpinned within many forms of discrimination. It is also important to acknowledge the processes and changes underpinned within the wider political, economic and cultural realities, and how these may have been challenged. In de constructing the idea of the family, we can then start to challenge the tradition behind it, which takes away its power, its right to dominance, govern and lead. This idea of tradition is still however problematic, as Weeks (2007) notes, due to the fact that the evidence is limited when looking at tradition beyond specific recent time frames and histories, and that due to this lack of empiricability, can we be certain people always follow tradition, and by tradition I mean as how we see it. It could be argued that this was not the case, and tradition, as we see it, has shifted over time, context and reality. What we see now as tradition may have at specific points in history been its opposite, with the normal of our tradition shifting to the abnormal of our non-traditional realities. Therefore, it could be argued that tradition and its underpinnings are by no means monochrome, in any historical, political and / or cultural reality. Williams (2004) conceptualises this well and terms this re-traditionalisation, yet Weeks (2007) still argues for more of a de-traditionalisation. Whatever the term used, it could be argued that either or suggest that back in the 80s during the birth of Stonewall and other political and social equality movements, and also now, as we were (and still are) searching for an individualism, or a framework that supports this. It could be maintained that if people were allowed to manage their own lives, their own way of living, without fear or discrimination, different forms of community and / or individual arrangements would develop, assisting life in its creative, problem-solving, innovatory way. This process of social restructuring (or as Williams (2004) terms re-traditionalisation and Weeks (2007) terms de-tradionalisation) is important to consider with my research when thinking about my research, and the participants (also my own) political, cultural and social histories and contexts, and how these have been changed, adapted and developed within and outside of tradition as we see it now in this specific context and reality, during their specific coming-out process. Section 3 Why / how family has changed and how it is now lived + reflections on family practices. These previously discussed political and social developments highlight the fact that ways of living have changed, causing major variations in the compositions and practices of families and intimate relationships. At the core of the debate sociologists such as Finch (2007), Smart (2007), Donavan (2013) and Stacey (2004) emphasise that the old concepts no longer capture the realities of contemporary family living and that new definitions, concepts, ideas, ideologies, terms and legislation are needed. Smart (2007: 84), a feminist sociologist and academic, defines the family as: a set of personal relationships that are forged together to create dynamic and multidimensional connections held together through shared histories and memories. Smarts (2007) quote suggests that individuals live in a diverse array of living conditions and relationship formations, within and throughout a major social institution and a locus of much of an individuals social activity. It also highlights the importance of shared histories and memories, not just blood ties or relations. Smarts (2007) definition recognises that this new conceptualisation of family highlights the significance of dependencies, interdependencies, connectedness and relationalism as central features within social grouping identified as family. All the above suggests there are many factors that shape the experience of family life, for example, social class, race, sexuality (lesbian or heterosexual couples) and family structure, for example, nuclear family, extended family and single-parent families. This adds a new dimension to the study of family as it links family experiences to other influences in society, signifying that the family is not an isolated entity but rather an integral part of the wider social system with society. Calvin (2011), on the other hand, disagrees with much of Smart (2007) observations and defines the family as: a social unit created by blood, marriage, or adoption, which can be described as nuclear (parents and children) or extended (encompassing other relatives). There remains many obvious problematics within the Calvin (2011) definition. For example, extended family may not be relatives, but could be friends, neighbours, work colleagues, and / or ex or current partners. The nuclear family concept has also been critiqued by many (Finch, 2007, Smart, 2007 and Donavan, 2013) (also see section 1) and holds many perceived problematics: westernised, heterosexist, gendered, and assuming a universal model which alludes to the historical and cultural specificity of contemporary family formations. It could be argued that in contemporary society, many individuals now live in households that are single-parent, gay, lesbian, interfaith, international, interracial, intergenerational, and increasingly single-person, not to mention families of long-term companions, adopted children, or half-siblings. Calvins (2011) definition does not seem to take this specificity and multidimensionality into consideration. Fields, Jason and Casper (2001:67) support my critique of Calvins (2011) definition, and suggest that it is generally assumed today that the modern family has undergone significant transformations in its structure, and that societal changes have contributed to a harsh reduction in the percentage of classical typical families, predominantly nuclear families. Replacing these are childless families, one parent families, other family formations, and quasi-family units based on non-marital cohabitation (Fields, Jason and Casper, 2001:69), which includes (and will include more so after the recent legalisation of gay marriage in the UK) gay parents and families. Sociologists such as Finch (2007) and Smart (2007) have clearly highlighted the many diverse arrays of living as a family, and how this must be recognised within the literature. However, there are also many terms that underpin these theories, for example, families of choice (Weeks, Donavan, and Heaphy), postmodern families, and families of origin (Morgan (2007). There has been much debate as to whether these sit alongside the idea of the nuclear family or in opposition. There has also been much debate around a shifting postmodern nuclear family. This section of this essay will therefore discuss and evaluate some of these terms, critiquing the literature. Donavan et al (2001) incorporated the term families of choice (also known as families we choose coined by Kath Western, 1998) which means literally asking the participants for names of people they see as family. For example, if I decided to use this term within my research and one of my participants stated that 2 of his friends, his step brother and his second aunt were the people he recognised as family this would be fine. Similarly, if another participant involved no blood relatives this would also be fine. Families of choice literally mean people choose their families. Donavan (2001) does however express some concerns with this method and notes that within her 2001 study with Weeks and Heaply, two well-known social constructionists, as many of the heterosexual participants named blood family when ask to discuss family; whereas many of the non-heterosexual participants named mainly friends and (ex) lovers as family. Although this does not suggest an obvious issue, it does suggest a lack of closeness, or connectness with the LGBT participants and their blood family compared to that of their heterosexual counterparts. Although this term sits well for my research, the same issue could occur. A way around this could be to break the question down further. For example, ask the participants to name 5 people who they feel are most important to them in their life. And once a list has been put together, ask them to decide who they see as family. This 2 staged question may be a way of getting around this issue around participants misunderstanding the term family. Not including the term family would be helpful until I understood who they classed as family. On the other hand, by using the term families of choice, I am giving the participants a choice to choose whoever as their family members, and this open-ended approach is enabling them to decide. Therefore, would it really be an issue if they did not include any blood relatives, or included all blood relative? Modern policy (Children and Adoption Act, 2006; Equal Marriage Bill, 2013; Human Fertilisation and Embryology Act, 2008) has noted a shift to two parents of any gender (but still a demonization of single parent families due to an underlying stigmatization mainly but not exclusively enhanced by stereotypical negative Media perceptions). The question is could we call the 2 parent family of the same gender a nuclear family and would we want too? Donavan (2013) suggests it is not, although structurally it looks the same, i.e. two parents, 2 children, a household, but if you look at the social roles within it, it is very different. For example, there may be no men or no women involved, and usually there is at least one parent who has no biological relation to the child. It could therefore be argued that the term postmodern family sits better here (and also potentially within my research). This term suggests it can be what it is, in this specific moment in time, through the specific structures and practices it has/uses. This concept also recognises that what you describe as your family now may not be family in 5 years time for example. Although it could be argued that the term postmodern family is doing nothing apart from saying meaning of family can change historically. On the other hand, terms that help to destabilise gendered and heterosexist terms like that nuclear family model are a welcome addition. There are many different ways of theorizing family and the practices within it, but in reality, when it comes to gay youth and my intended area of study, many of these individuals will come from heterosexual family set ups and have been exposed unconditionally to heterosexual family practices. Therefore, using the a term like families of origin (Morgan, 2007) could be beneficial as it describes the setup of your life at that point in time, whether it be step families, friends, blood mother or adopted father. This again gives the participant flexibility in their choices. The term origin however may be confusing as origin suggests where you have come from, which then suggests blood or adopted family, with the exclusion of friends, (ex) partners, and work colleagues. It could also be beneficial to ask my participants about their understanding of families i.e. where they see their families being, or who is classed as their family, as during Weeks, Heaply and Donavans (2001) study, many of their LGBT participants failed to recognise blood family as family members. This would suggest that they may have disconnected from their families of origin and that it did not occur to them to speak or include them into their LGBT sphere, or private world. However, this study is now 12 years old, and many changes have occurred since then, potentially highlighting a shift in generational understandings and acceptance of how, who and why we consider certain people to be classed as our family. In view of the above, Finch (2007: 71) notes that the way in which we consider our family is qualitatively orientated. By this she means decided by a number of internal and external factors including, location, relationships, love, employment, religion, sexuality and friendship. In view of Finchs (2007) consideration, it could be argued that this process of qualitative orientation demands considerable creativity when initiating the design, composition and practices of the family, and how these intimate networks are constructed, perceived and maintained (Stacey, 2004: 359). It could also be argued that as Stacey (2004) has identified this as a process, this then suggests a considerable shift from the previous definition of family and the nuclear family, through the household or through kinship: set and defined, to a more holistic way of thinking, friendly and accepting to the diversity and variation of modern family formations. Gabb (2008: 22), who is an interdisciplinary sociologist, terms this the extended family. Her research consists of a combination of autobiographical, anecdotal and empirical methods and methodologies, which re-situate emotions at the centre of family studies. She suggests that the process of family selection mentioned by Stacy (2004) requires an extended approach; a wide angle research lens that can record the evolving matrix of intimacy (Gabb, 2008:17). I agree with Gabbs (2008) comments on the matrix or intimacy and argue that this idea places much emphasis on relationship formation, which in turn constitutes and creates family life. Contemporary psycho-sociologists Mcload and Thomson (2009) support this critique, and suggest that Gabbs (2008) idea of the extended family places increasing importance on the way in which relationships are built, with ideas of social change at the forefront of this process. The contemporary research above highlights the importance of recognises fluidity within the composition of the family unit and also highlights briefly how we select family; however, it is also important to discuss how contemporary family life is defined more by doing family things rather than being a family. For example, Morgan (1996) is one of the most influential sociologist who initially highlighted the importance to shift sociological analysis away from family as a structure to which individuals in some sense belong, towards understanding families as sets of activities which take on a particular meaning, associated with family, at any a given point in time (Finch, 2007:66). Morgan (1996) defines these family practices as: a set of practices which deal in some way with ideas of parenting, kinship and marriage and the expectedness and obligation which are associated with these practices. The key features of the practices approach in general are as follows: à ¢Ã¢â€š ¬Ã‚ ¢ An attempt to link the perspectives of the observers and the social actors; à ¢Ã¢â€š ¬Ã‚ ¢ An emphasis on the active or doing; à ¢Ã¢â€š ¬Ã‚ ¢ A sense of the everyday; à ¢Ã¢â€š ¬Ã‚ ¢ A sense of the regular; à ¢Ã¢â€š ¬Ã‚ ¢ A sense of fluidity or fuzziness; à ¢Ã¢â€š ¬Ã‚ ¢ A linking of history and biography. Morgan (2011) uses the term family practices as an illustration of wider currents of thought in sociology engaged with understanding how social relations are enacted and represented as symbols, combining a number of key concepts that other scholars have used to analyse contemporary families. These include fluidity, diversity, and multi-facetedness, by rooting our understanding of doing family in the everyday and the routine. These everyday routines are where individuals constitute certain actions and activities as family practices, as family (defined by Morgan and Finch) is a facet of social life, not a social institution; it represents a quality not a thing. A good example of this routine that constitutes family practices was in Finch (2007) where she discusses 2 examples of her own family practices: the weekly phone call which she makes to her sister; and her care in assuring that a step child gets Christmas presents as valuable as those she gives to her own children. These are actions that allow her to regard these people as part of her family. Finch (2007:55) also quotes from my perspective these are family practices. When discussing these practices, Morgan (1996: 190) recognises that these practices are often little fragments of daily life which are part of the normal taken for granted existence of practitioners. Their significance derives from their location in a wider system of meaning. Finch (2007:66) supports Morgan (1996) quote and suggest that the emphasis is on social actors creatively constituting their own social world. It could therefore be argued that an individuals understanding of family is subject to change over time and locations, deeply rooted in individual biographies and realities. This is something I need to

Thursday, September 19, 2019

A Definition of a Friend Essay example -- Definition Friends Friendshi

A Definition of a Friend Friendship is not simply a "relationship", knowing someone, conversing with that person, or dealing with that person in business, school, or in casual acquaintance. True friendship is not just a "relationship", but self-sacrificing love. A friend is also one who supports, sympathizes, and is a person in whom you can confide. There are unique qualities that a person must have to be considered a friend. An acquaintance is not automatically considered a friend. Just because you know someone does not mean there is an instant friendship.This does not mean that an acquaintance cannot change into a valued friendship. There are qualities that a friend must have, but time is also a factor. A friendship can develop in as short as a day, or it could take as long as a few years for full development.In the end, if time is taken for full development, then a real friendship will develop.The main way that trust is built up is with time. When you and a friend have trust, there will usually be a strong friendship. When there is no time spent together, then th...

Wednesday, September 18, 2019

Great Gatsby :: essays papers

Great Gatsby THE GREAT GATSBY In today’s society, many people like to follow the current. They want to catch the wave. Which means, it does not matter if things are good or bad, right or wrong, they just follow and do it without any thinking. Therefore, there are not too many people who are normal, thoughtful nor neutral. However, in the novel, The Great Gatsby, by Scott Fitzgerald, one of the characters name is Nick Carroway, he was the good and neutral narrator. It was because, in the novel, he analyzed all things with regard to accuracy of observation. In The Great Gatsby, when Mr. Gatsby told Nick he wanted to return the past over again with his lover- Daisy, Nick Carroway warned him to give it up, because it was impossible. Unfortunately, Mr. Gatsby did not believe it. So at the end, Mr. Gatsby's dream still had not came true because Daisy did not break up with Tom and go with him. It can be seen in the last chapter in the novel, when Gatsby was murdered, Daisy went someplace else with her husband, and did not go to Gatsby's funeral. I called up Daisy half and hour after we found him, called her instinctively and without hesitation. But she and Tom had gone away early that afternoon, and taken baggage with them. Therefore, Nick Carroway's analysis was right by these clear observations. However, Nick was a good narrator, he sees everything happen and does not trust everybody easily. So when the townspeople gossip about the latest rumor, he does not believe it is true. After he proves it, only then will he accept the truth. Moreover, when Nick went to Gatsby's party, there was a drunken lady telling everyone Gatsby killed a man before. Also, there is another lady that claimed Gatsby was a German spy: It is more that he was a German spy during the war. Nick heard it, but when he had a chance to have a lunch with Gatsby, he told Nick, he was an Oxford man and showed him that fought in World War One. Then Nick knew Gatsby was neither a German Spy nor a murderer. Furthermore, at the end of the novel, when Daisy drove Gatsby's car and killed Mrs. Wilson in a car accident, Nick's first thought was the Gatsby killed Mrs. Wilson. But after Gatsby told him all of the things at that moment, Nick realized that his first thought was wrong and then made his own conclusion.

Tuesday, September 17, 2019

Free Speech in Schools Essay

The right to publish material on one’s My Space internet page is a constitutional right contained in the Bill of Rights. The right to free speech is contained within the first Amendment to the US Constitution one of the main Amendments contained in the Bill of Rights. The first Amendment provides as follows: ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Freedom of speech is married to freedom of expression and recognizes the right to publicly express one’s thoughts, ideas and opinions without fear of censorship and/or punishment. The right to free speech however is not all encompassing and does have its restrictions such as obscenity and defamation within the public broadcast arena. An early test for restrictions on free speech was formulated in the case of Schenck v. United States. Although the circumstances of the right to freedom of speech arose during World War 1, the formulated test is applicable in an appropriate case. In the Schenck case, the appellant mailed flyers out to draftees urging that they ‘do not submit to intimidation’. The missive was taken to mean a direct attempt by Schenck to discourage and obstruct recruitment. Sir Oliver Wendall Holmes, in delivering the unanimous decision of the US Supreme Court held that ‘the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is against this background that freedom of speech in relation to restrictions on a student’s display of drug or gang related material on his or her My Space website. Generally, a restriction of a student’s right to publish material such as the school’s policy against publishing drug or gang related material on his or her My Space website is a violation of their First Amendment free speech rights. However, as will be discussed, private schools have no legal obligation to comply with the First Amendment and are at liberty to implement policies such as the ‘no drug, no gang related’ online publications by the student body. Challenging Free Speech Restrictions/Plan Ordinarily, a challenge to an infringement of constitutional rights can be pursued through the Federal Court system which has jurisdiction over all matters relating to the constitution. For reasons that will be discussed later, this might not be the appropriate avenue to pursue in respect of private schools since they do not come under the Federal Government and are not bound as the Government is in respect of preserving the integrity of the US Constitution. Students wishing to challenge the school’s ‘no drugs, no gang’ publications may pursue a number of alternative courses of action. They can secure the assistance of the media and various Civil Rights groups such as the American Civil Liberties Union. The general idea is to promote the contention that a school as a place for learning and maturity has a duty to teach students to respect the provisions of the US Constitution and any policy within a school system that contravenes a student’s constitutional rights contradicts the school’s duty. However, this can be countered by the school arguing that it has a right to promote a certain image of its moral code and that a student’s publication of what amounts to base principles is inconsistent with the school’s image Certainly students can make a case challenging the school’s hard stance against online publications containing drug and gang-related material. However, whether or not they will be successful is another matter entirely. It is therefore important to examine what constitutes infringement of freedom of speech with a view to identifying which school policies and practices constitute a violation of the First Amendment before pursuing media attention. At the end of the day, a private school has a right to set policies and principles for its students and can enforce them. The question of fairness within the private school system is not a matter for the courts as will be borne out in the following passages. Freedom of Speech in High Schools Whether or not the proposed restrictions on My Space websites constitutes a violation of the student’s right to free speech has already been indirectly determined by the Federal Courts. The US Federal Court system has decided on issues of freedom of speech within the public school system. There have been three cases of significance to the first amendment and its application to public schools. They are Tinker v Des Moines Independent Community School District, Bethel School District No. 403 v. Fraser, and Hazelwood School District v. Kuhlmeier. In Tinker v Des Moines Independent Community School District 393 U. S. 503, 89 S. Ct. 733 (1969) determined the issue of freedom of expression which is closely tied in with the principle of free speech. In this case, students in an expression of disenchantment with the Vietnamese war wore certain armbands to school. When they were asked to remove the armbands and refused to do so they were suspended. They were not permitted to return to school unless and until they removed their armbands. The students refused to subscribe to the demands and as a result were suspended for an indefinite period. In an action brought by some of the students involved, the court of first instance ruled in favor of the school’s authorities. On appeal to the Eight Circuit Court of Appeal the lower court’s ruling was affirmed. The students appealed to the US Supreme Court which held that ‘it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. ’ Moreover, the US Supreme Court added that ‘In our system, state-operated chools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are . persons under our Constitution. They possess fundamental rights which the State must respect, just as they themselves must respect their obligations to the State’. Be that as it may, the US Supreme Court set boundaries which have subsequently been upheld. The US Supreme Court set forth guidelines pertaining to a student’s right to freedom of speech in the following terms:- ‘If he does so without . aterially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school and without colliding with the rights of others. . . . [C]onduct by the student, in class or out of it, which for any reason–whether it stems from time, place, or type of behavior– materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech. ’ The US Supreme Court therefore held that the conduct of the students involved was proper in all the circumstances. The court would only recognize and indorse restrictions on freedom of speech when the conduct was ‘potentially disruptive†¦ by those participating in it. ’ In Bethel v. Fraser however, the US Supreme Court held that rules and regulations prohibiting the use of obscene language would not prohibit a student’s First Amendment right to free speech. The US Supreme Court ruled that ‘the schools, as instruments of the state, may determine that the essential lessons of civil, mature conduct cannot be conveyed in a school that tolerates lewd, indecent, or offensive speech and conduct such as that indulged in by this confused boy . . . A high school assembly or classroom is no place for a sexually explicit monologue directed towards an unsuspecting audience of teenage students. Accordingly, it was perfectly appropriate for the school to disassociate itself to make the point to the pupils that vulgar speech and lewd conduct is wholly inconsistent with the fundamental values of public school education. ’ In Hazelwood v. Kuhlmeier 484 U. S. 260, 108 S. Ct. 62 (1988) the US Supreme Court ruled that a school was at liberty to edit the content of a student’s speech appearing in a school sponsored publication, to wit; a newspaper. In distinguishing this case from the Tinker decision, the US Supreme Court explained that the Tinker case was decided on the propriety of muting a student in his freedom of expression so to speak. Whereas, in the Hazelwood case, the Court was dealing with a school-sponsored newspaper which presupposes that it is published with the school’s approval. The court explained its position as follows:- ‘[T]he standard articulated in Tinker for determining when a school may punish student expression need not also be the standard for determining when a school may refuse to lend its name and resources to the dissemination of student expression. Instead, we hold that educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns. In making a decision in Poling v. Murphy 872 F. 2d 757 (6th Cir. 1989) the 6th Circuit Court of Appeal reconciled the rationale behind the three US Supreme Court decisions cited above. In this case, Poling, a student at Unicoi County High School in Tennessee delivered a campaign speech in support of his attempt to be elected president of the school’s student council. The speech was given at the school’s assembly at which student attendance was mandatory unless an excused absence was previously obtained. Prior to delivering the speech, Poling was required to submit the speech to faculty members for approval. The faculty members reviewing the speech said that they would approve the speech provided Poling removed a sentence which referred to the school’s ‘iron grip. ’ Poling did not do as advised and in fact he revised the sentence in question in such a way that he added to it making comments in reference to an assistant principal that was described by the principal as ‘inappropriate, disruptive of school discipline, and in bad taste. As a result the school removed Poling from the electorate slate of candidates and he took the matter to court. The court at first instance ruled in favor of the school district and Poling appealed to the 6th Circuit Court of Appeal. The appellate court in referring to ruling in Tinker’s case said that ‘tt is true, to be sure, that students do not . shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,. and . [s]chool officials do not possess absolute authority over their students.. . . It also remains true, however, that the Federal Constitution does not compel . teachers, parents, and elected school officials to surrender control of the American public school system to public school students.. . . . Limitations on speech that would be unconstitutional outside the schoolhouse are not necessarily unconstitutional within it. ’ The 6th Circuit Appeals Court went on to state that had Poling been permitted to make his speech in the manner that he would have liked to it would have given rise to ‘legitimate pedagogical concerns. ecause . [t]he art of stating one’s views without indulging in personalities and without unnecessarily hurting the feelings of others surely has a legitimate place in any high school curriculum. . . ’ The general position here is that although the First Amendment is directly applicable in the public school system, the Federal Court System does permit public schools to restrict free speech among the student body when free speech threatens to undermine disciplinary and educational principles. Therefore private to whom the First Amendment do not apply will have even more leeway in restricting a student’s online publications. A Student’s First Amendment Right to Free Speech and Online Publications Generally speaking a student’s off campus conduct is not a matter for school officials provided it does not fail the Tinker ‘material disruption’ test. The publication must also be able to stand up to the Hazelwood test which will permit censorship if the material appears on a school sponsored website. However, in a private boarding school, students are rarely ‘off campus’ and drawing the line can be difficult. As long as the student is in the care of the school he is subject to the school’s regulations. In American Public School Law by Alexander and Alexander reference is made to the case of Beussink v. Woodland R-IV School district. In this case, Beussink, a student published a personal webpage on his own computer where he referred to the school’s authorities in vulgar terms. The webpage was somehow brought to the attention of the school’s authorities and Beussink was subsequently suspended. He challenged his suspension via the US District Court. It was held that the suspension was unconstitutional and contravened the student’s right to free speech. The presiding judge went on to say that the high school’s authorities failed to demonstrate that the suspension ‘was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. ’ It has been held that off-campus communications via the internet that constituted a true threat can be disciplined by the school district. However, in order for the ‘true threat’ to come under the school’s jurisdiction it must have a nexus with the school itself. When an off campus communication does not contain a threat but nevertheless has a nexus with the school, whether or not the school can restrict that communication will have to examined in the context of the Tinker decision namely the communication will have to be ‘materially and substantially interferes with the requirements of appropriate discipline in the operation of the school. ’

Monday, September 16, 2019

Explain each Stakeholder Essay

What are the stakeholders points of view on the strategic aim / how does it affect them? Trustees, Directors and Managers: Research to understand causes / risks, design & test interventions, Information for public and patients on prevention, screening/diagnosis, treatment Influencing Government Policy on prevention, screening/diagnosis, treatment The trustees, directors and managers will be interested in research to understand causes / risks, design & test interventions, information for public and patients on prevention, screening/diagnosis, treatment, influencing Government Policy on prevention, screening/diagnosis, and treatment. The trustees, directors and managers are interested in these strategies as they set them in the first place and as the company has improved over time with these strategies they will want to keep them. Volunteers: Research to understand causes / risks, design & test interventions, Information for public The volunteers will be interested in research to understand causes / risks, design & test interventions, Information for public. The volunteers are interested in these strategies as it parts of their work and they have to go by those strategies to do the job properly, they will want to do the job properly as it can be a very good experience and can be seen as an achievement working for a charity. Customers in shops: Research to understand causes / risks, design & test interventions, Information for public The customers in shops will be interested in research to understand causes / risks, design & test interventions, information for public. The customers in shops are interested in these strategies as they are buying their product and the customers will want to know where their money goes to and how it affects people with cancer. Suppliers of clothing: Research to understand causes / risks, design & test interventions, Suppliers of clothing will be interested in research to understand causes / risks, design & test interventions. The suppliers of clothing are interested in this strategy as they are the one who provide the company with clothing and they have to know what designs to put on the clothing and how this will help CRUK getting more donations. Donators: Research to understand causes / risks, design & test interventions, Donators will be interested in research to understand causes / risks, design & test interventions. Donators are interested in this strategy as some people may have lost love ones because of cancer so will might give a lot of money for donation, they will want to know where their money goes and how does it help other to get rid of cancer. Community: Research to understand causes / risks, design & test interventions, Information for public and patients on prevention, screening/diagnosis, treatment Communities will be interested in research to understand causes / risks, design & test interventions, information for public and patients on prevention, screening/diagnosis, and treatment. Community is interested in these strategies as there might be someone who can get cancer therefore the community would want to know what their options are and what can be done, also CRUK can give the community messages what to do to stay away from cancer. Government Research to understand causes / risks, design & test interventions, Information for public and patients on prevention, screening/diagnosis, treatment Influencing Government Policy on prevention, screening/diagnosis, treatment Government will be interested in research to understand causes / risks, design & test interventions, information for public and patients on prevention, screening/diagnosis, treatment, influencing Government Policy on prevention, screening/diagnosis, and treatment. The government are interested in these strategies as CRUK is asking to use certain facilities such universities, labs and hospitals they also want the government to set new rules such as smoking should not b in the eyesight and pictures of what it can do to you on the packets. NHS / Private Health Care Research to understand causes / risks, design & test interventions, Information for public and patients on prevention, screening/diagnosis, treatment Influencing Government Policy on prevention, screening/diagnosis, treatment NHS/Private Health Care will be interested in research to understand causes / risks, design & test interventions, information for public and patients on prevention, screening/diagnosis, treatment, influencing Government Policy on prevention, screening/diagnosis, treatment. The NHS/Private Health Care will be interested in these strategies because CRUK I a big company and there are a lot of people researching what can be done stop cancer, so if they find something the NHS and Private health care would want to know, for their treatment and also in can cut the costs of NHS if something important is reviled. Service Users/ Customers Research to understand causes / risks, design & test interventions, Information for public and patients on prevention, screening/diagnosis, treatment Service users/customers Will be interested in research to understand causes / risks, design & test interventions, information for public and patients on prevention, screening/diagnosis, treatment. The service users/customers are interested in these strategies as one of their loved one might be affected by a specific cancer type so they will want to know what research is being done on that specific cancer and if it’s curable.

Sunday, September 15, 2019

Federal Civil Procedure

I. Personal Jurisdiction – in what state can the P sue the D? a. Two step-analysis i. Satisfy a statute AND ii. Satisfy the constitution (due process) b. In Personam Jurisdiction – jurisdiction over person, not property, b/c of some contact b/t D and forum state i. Statutory Analysis 1. Every state has statutes allowing jurisdiction based on domicile, presence instate when served w/ process, and consent (implied or actual). 2. Long-arm statute ( allows jurisdiction over non-residents ii. Constitutional Analysis (International Shoe) 1. Test ( Does D have â€Å"such minimum contacts w/ the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice† 2. Factors a. Contact – some tie b/t D and forum i. Purposeful Availment – D’s voluntary act 1. i. e. D ships goods into forum state or D uses roads or causes effects in forum state ii. Foreseeability – D would get sued in this forum b. Fairness i. Relatedness – b/t contact and the claim 1. not always necessary to have relatedness if have substantial ties w/ the forum a. i. e. D domiciled there, business there, served w/ process there can be sued in that state under general jurisdiction ii. Convenience – forum ok unless puts D at a severe disadvantage in the litigation iii. State’s interest – provide forum for its citizens TIP: My parents frequently forgot to read childrens’ stories M – minimum contacts P – purposeful availment F – foreseeability F – fairness R – relatedness C – convenience S – state’s interest II. Subject Matter Jurisdiction – in what court? Federal courts only hear two types of cases: diversity of citizenship and federal question a. Diversity of Citizenship Cases i. Citizens of different states 1. Complete diversity rule ( no diversity if ANY P is a citizen of the same state as any D, at the time the case is filed 2. Citizenship a. Human – can only have one place of citizenship i. Domicile – 1. presence instate AND 2. subjective intent to make permanent home b. Corporation – can have more than one place of citizenship i. State where incorporated AND ii. One state principal place of business 1. Only one PPB a. Headquarters OR i. Most use this to designate unless all activity is in one state b. Most production or service activity c. Un-incorporated associations i. Use citizenship of ALL ITS MEMBERS d. Decedents, minors, incompetents i. Look to their citizenship NOT the representative’s citizenship ii. Amount in controversy – good faith allegation the claim in the complaint exceeds $75,000. 00, exclusive of interest and costs 1. Aggregation – adding together two or more claims to meet amount in controversy requirement a. Need one P and one D b. Joint tortfeasors – use total value of claim, irrelevant of the # of parties 2. Equitable Relief – if either test met, then it’s OK a. P’s viewpoint: does injunction cover loss of value by more than $75k? OR b. D’s viewpoint: would it cost D more than $75k to comply w/ the injunction b. Federal Question – claim â€Å"arises under† federal law c. Supplemental Jurisdiction – no federal jurisdiction b/c no diversity or FQ, BUT may still be able to get into federal court i. Test 1. common nucleus of operative fact – arise out of same transaction or occurrence as underlying claim ii. Limitation 1. can not use to overcome lack of diversity in a diversity of citizenship case BUT 2. Can use to overcome lack of diversity in a FQ case 3. Can use to overcome amount in controversy in diversity cases d. Removal – allows D’s to have case filed in state court â€Å"removed† to federal court i. What cases? – if case could be heard in federal court ii. Where? – ONLY to the federal district court embracing the state court iii. When? – no later than 30 days after service of the first removable document e. Erie Doctrine III. Venue IV. Service of Process V. Pleadings VI. Joinder of Parties VII. Discovery VIII. Pretrial Adjudication IX. Conferences and Meetings X. Trial, Judgment and Post-trial Motions XI. Appeal XII. Claim and Issue Preclusion