Saturday, August 31, 2019

Eating Healthily with a Busy Lifestyle

Comm 1100 – Pergrem Speech 1 – Informative Speech Assignment & Examples Hybrid-Online & Online COMM 1100 Spring 2012 Assignment Basics Speech: Present an extemporaneous informative speech to the class on a topic of your choosing in the format described. Time limits: 3-5 minutes Outline: â€Å"Write† your speech in the form of a detailed outline as discussed. Avoid using complete sentences; use bullet points. Do NOT write out your speech like an English paper.Notes: The outline you create will serve as your speech notes (you may bring these to the front of the room with you). You will need an extra copy for yourself. Visual Aid: A professional, college-level visual aid is required with your presentation. Bibliography/Copies of Sources: Include with your speech outline a printed, properly formatted Works Cited or References page. You may use either MLA or APA style. You must also include actual copies of your research sources (print the webpage, copy the magazine a rticle, etc. hat you use). Vocal Citations & Supporting Material: Include at least 3 vocal citations (â€Å"According to a December 2009 article in the New England Journal of medicine, obesity is the number one heath epidemic of the 21st century†) within your speech. Include at least 3 different types of supporting material (stats, examples, quotes, stories, etc. ) in your speech. Research Sources: Use at least 3 credible and scholarly (if possible) research sources (books, journals, magazines, websites, etc. ) when creating your speech.These are in addition to any personal experience you might have (you can’t count yourself as one of these sources). Turn in: At the time you give your speech, turn in the outline, bibliography and copies of sources with a copy of the â€Å"speech evaluation sheet† on the very top, your name and topic filled in. Staple these items together to make a â€Å"speech packet. † Make an extra copy of the outline to use as your spe ech notes. You may not present your speech without turning in your completed speech packet. Detailed Information What is an informative speech? An informative speech relays information to the audience.The primary goal is to increase the audience’s knowledge, understanding, or awareness of a topic. Informative speeches may: (A) Explain something (explain how to do something, how something is made, how something works, or how something occurs) Example: â€Å"How to Choose the Home Loan That’s Right for You† (B) Describe something (describe what a person, object or event is like) Example: â€Å"A Day in the Life of a Typical Third-Grade Teacher in Georgia† (C) Define something (define, elaborate or clarify a concept) Example: â€Å" What Freedom Means to Me,† or may cover any combination of these objectivesWhat are the objectives of the informative speech assignment (why are we doing this)? To provide an opportunity for practicing presentation skills, to promote the critical thinking skill of being able Comm 1100 – Pergrem to consider/reason from/understand a variety of perspectives oth er than one's own, to encourage informed global citizenship through the presentation process, to promote information competency/literacy. What are the time limits: 3-5 minutes Failure to meet these time guidelines (short or long) will result in a lower evaluation.Consider that you may be nervous so you may speak faster or slower than normal. You should practice and time your speech many times. When is this due? ? See the course syllabus for presentation dates. ? We will begin with volunteers and then I will go by the roll in order until everyone in the class has spoken. Speeches not completed by the time we move on to the next activity will not be heard and will be counted as missed. What do I turn in on speech day? At the time of your speech you will turn in: 1) A printed, stapled, detailed comprehensive/detailed outline of your peech. Fo llow the example provided at the end of this handout. Outlines that do not conform to appropriate outline standards and do not contain appropriate detail will be penalized. 2) A printed, stapled, detailed Works Cited or Reference page in correctly formatted APA or MLA style. Visit the Georgia Highlands Library site for more information/examples of how to cite sources correctly. 3) A Copy (printout or photo copy) of at least the first page of all research source materials used, including copies of webpages, magazine articles, portions of books, etc. ) A blank copy of the speech evaluation form from the course webpage, name and topic filled in. stapled All of these items must be together, evaluation sheet on the very top, with your name on them. If I do not receive all of these items stapled together with your name at them I will NOT li sten to your speech and those points will be lost. I know it sounds picky but please do not paperclip these items or put them in folders, please stapl e them beforehand. I will not have a stapler with me so you will need to staple them at home or bring your own stapler with you.Again, you may not present your speech without your speech packet. What are the research guidelines for this assignment? – Assignment must contain at least 3 credible and (if possible) scholarly research sources in addition to your own expertise (your own personal knowledge does NOT count as one of the 3 sources). – Wikipedia is not an appropriate source, though it can certainly be a starting point for gathering information. Neither is ask. com nor any of those types of websites. Remember, any time you cite statistics, stories, etc. n your speech you must tell us where the information came from (provide vocal citations – cite your sources). For example, â€Å"According to a 2008 study reported recently in National Geographic, forty-percent of the earth’s animals are considered endangered species. † You are required to have at least 3 vocal citations in your speech. What type of visual aid is required? This speech requires a professional looking college-level visual aid. What does that mean? It means a visual aid that one might find in a college class or the professional world.In other words, not a poster that looks as if a third-grader with crayons made it; not simply writing or drawing on the whiteboard; and not merely an object desperately thrown in at the last minute to meet the visual aid requirement. A good visual aid is well thought out/meaningful, large enough to be easily seen by every person in the room, clearly labeled, simple enough that the viewer can easily figure out the point, and is fully Comm 1100 – Pergrem incorporated into the speech – – NOT just tacked on at the end like â€Å"Oh and here's my visual aid.It's a picture of a dog. † What makes a good visual aid? An object can be a good visual aid. For example, I'm talking about par ts of a skateboard and I bring my board in as a model to show to the audience. A picture/chart/graph/drawing, etc. can be a good visual aid. Again, it should be large enough for everyone to see. How can you accomplish this? Enlarge it at Office Depot, Staples, etc. and put it on foam board (much better than poster board). Charts, graphs, etc. should be done on the computer and labels typed, not drawn by hand.Another option is to pass out a copy of our visual to everyone, for example, a National Guard recruitment brochure for everyone in the class to be passed out before you begin your speech. DO NOT PASS STUFF AROUND DURING YOUR SPEECH. This is very distracting for the audience and for you the speaker. And of course you can put graphics into a PowerPoint slideshow or other electronic medium and display them on the screen (you don't have to do a full-blown PowerPoint presentation to put the graphics up). This can be a very good way to get pictures, charts, etc. into a format that everyone can see.How do yo u do it? Create your stuff and then either email it to yourself or save it on a flash drive (do not save it in your student folder). I will have the projector and computer up at the front of the room. You will bring your flash drive up and plug in, or you will pull up your email on the computer and open your PowerPoint from there. NOTE: You cannot login under your name/password on the instructor computer at the front of the room. Therefore, you cannot access your visual aid if you store it in y our student â€Å"folder. † You can, however, access your student email. What about video clips as a visual aid?These are fine as long as they are 20 seconds or less. You must actually speak for three minutes. What if you have a Mac? You must get your Mac stuff into some type of format our windows based machines can read. It will not work to try and plug your Mac into our video system. How should I dress? I am not requiring that you wear dress clothes to present your speech. I am requi ring that you look reasonable and appropriate for a semi -formal classroom presentation: DO NOT wear a hat, DO NOT wear anything that distracts the audience, DO wear reasonabl e clothes that are neat and tidy.For example, your clothes should not look as though you were just mauled by wild animals, that you are auditioning for the adult entertainment industry, that you just finished plowing, that you are about to star in a musi c video, or that you are about to walk onto the playing field for a grudge match. What steps do I take to create a speech? 1. Analyze your audience and your interests, selecting an appropriate, worthwhile, and interesting topic on which you can find adequate research. 2. Develop and design your speech using adequate research material to meet the time limits. Decide upon your main points and sub-points.Be sure to include varied support devices (at least 3 different types) as discussed (stats, stories, examples, compare/contrast, etc). 3. Create your speech usin g a clearly organized structure: a. Use an introduction that includes an attention-getter, thesis, and preview. b. Organize a body that includes main points, supporting ideas, and varied support devices. c. Use transitions. d. Have a conclusion that reviews/summarizes the main points and lets the audience know the presentation is ending (provides closure). 4. Use at least vocal 3 citations as explained. Comm 1100 – Pergrem 5.Use appropriate, visible, professional (college-level), and useful visual aids. Practice using them beforehand. 6. Language/Nonverbal – Work on these elements: eye contact, appropriate gestures and posture, avoiding â€Å"uhs†, rate, volume, articulation, professional yet conversational tone, and appropriate language and grammar. Use correct pronunciation. No gum. Remember the â€Å"3 C’s† of speaking: Strive to appear confident, competent, and conversational. Be enthusiastic. 7. Delivery Style – This is an extemporaneou s speech! DO NOT READ YOUR SPEECH. Do not memorize your speech. You may have notes (your outline) while you present.Notes should be used as support, not as a crutch. Do not write out your speech in complete sentences (this makes you want to read). 8. Practice, practice, and practice. You should practice until you feel as though even if you lost your place you could find it in your notes and keep right on going. 9. Use proper speech etiquette: Turn off cell phones, do not use the computers, do not speak to others during speeches or be inattentive, and do not enter the classroom during a speech. 10. In this class we are here to improve our communication skills, not engage in moral, ethical or political debate over speech content.Disrespect for fellow speakers will not be tolerated. Just because you don’t happen to agree with a speech doesn’t mean it’s a bad speech. However, disrespect for the audience by a speaker will not be tolerated either. No profanity or inap propriate language should be used in speeches. 11. Remember, it is OK to have opinions but don't allow your personal views or emotions to dictate your speech. Find objective information. This is an informative speech. Do not let your feelings get in the way of good research. How will I be graded? A copy of the Speech Evaluation Sheet used for grading will be made available on the class website.I will return your grades via Vista (will take at least a week after presentation are completed). Automatic Point Loss on Speech Grade: ? Incorrect Works Cited or References page – 20 points This is pass/fail. Your works cited is either correct, in which case you lose no points, or incorrect, in which case you lose the entire 20 points. ? Failure to staple materials together – 5 points ? Failure to give your speech on the assigned date without prop er documentation – up to 20 points on your speech grade plus 20 additional points for each class day you do not give your spee ch. Failure to include an appropriate visual aid – 20 points ? Failure to turn in any part of the assignment or incorrectly submitting the assignment – 20 points for each missing item and for each item incorrectly submitted. For example, you only have two research sources instead of three – 20 points off the top of your grade. This is very important! ? You cannot present unless you have your speech packet As you can see, it is possible to lose a large number of points off the top for not following the instructions of the assignment. Follow instructions and keep the points! Comm 1100 – PergremExample Informative Speech Outline See textbook for additional examples, though it writes points out in complete sentences a bit too much â€Å"Eating Healthily With A Busy Lifestyle† Purpose: To inform the audience how to eat healthily on the run Introduction: I. How many of you want to be healthy? How many of you find it a challenge to eat well because you ar e always running somewhere such as from work to school or from school to another activity? Many of us find ourselves in that situation all too frequently and sometimes it just seems too difficult to overcome. (Get attention and establish audience relevance) II.However, with a little thought and planning you can still eat healthily even on the go. Today we will discuss ways you can incorporate healthy eating into your lifestyle. (Thesis) III. Packing a lunch, choosing restaurants wisely, and keeping nutritious snacks on hand are a just a few of the ways you can still manage to eat something wholesome while maintaining a hectic pace. (Preview of points) Transitions: Fully develop and smoothly move through attention-getter to thesis and preview, building upon each Body: I. Pack a lunch for healthy inexpensive choices A. Can choose healthier options than if eating out Statistic: from sources regarding fat and calorie content ; be sure to use vocal cite of source) 1. Turkey sandwich from home vs. turkey sandwich from Arby’s (nutrition breakdown) 2. Canned soup from home vs. a Big Mac B. Usually less expensive than eating out (Compare: Stats regarding cost of taking a lunch vs. cost of eating out) C. Many convenient options available (Examples: ) 1. Pre-cooked, pre-cut chicken, turkey, etc. 2. Fruit cups, apple sauce, etc. 3. Pre-cut veggies D. Can prepare the night before for convenience so easy to eat healthy (Story: how I pack each night to have something healthy to eat for breakfast in the car )Comm 1100 – Pergrem E. Microwaveable frozen healthy dinners are another option (Cite article from Good Housekeeping Magazine regarding the best new frozen dinners) (Examples: ) 1. 2. II. Lean Cuisine – nutrition content Healthy Choice – nutrition content Choose wisely if eating out A. Many restaurants (both fast-food and others) incorporating healthier choices into their menus (Examples: ) 1. Salads – McDonalds, Wendys, others 2. Baked o r grilled entrees 3. Low-carb options 4. Fruits and yogurts B. You can make choices that are healthier when eating out (Examples & Personal Stories: ) 1.Ask to hold the mayo and other fattening sauces 2. Choose broiled or grilled instead of fried 3. Leave off the French-fries and opt for a healthier side or none at all C. Some restaurants geared toward healthy eating (Examples: ) 1. Subway (Quote: regarding Subway’s commitment to healthy menu choices) 2. Sweet Tomatoes III. Keep healthy snacks easily accessible (in the car, etc. ) to stave off hunger (Examples: ) A. Fruit B. Low fat yogurt smoothies (also a good breakfast on the go) C. Whole grain cereal bars D. Water – lots of it E. Nuts Comm 1100 – Pergrem Conclusion: I.Today we have looked at various options for eating healthily on the go. We have learned how packing a lunch, choosing a restaurant and entree wisely, and keeping nutritious snacks on hand can all contribute to better eating habits even with a b usy lifestyle. (Summary of main points) II. The next time you think about heading to the drive-thru to order that burger and fries consider this: with just a little planning you can enjoy a meal that’s delicious AND healthy so that YOU don’t end up super -sized. (Provide closure) Comm 1100 – Pergrem Parts of a Speech Outline – Informative Speech (Use this as a guide when creating your outline)Topic/Name: Topic/Name of your speech Purpose: â€Å"To inform the audience . . . . . † (This is for your benefit so that you can craft a speech around your purpose. You do not read this section to the audience). Introduction: (Show relevance to the audience during this section) I. II. III. Attention-getter: story, actual or rhetorical question, quote, surprising fact or statistic, etc. Thesis statement: the main point or idea of your speech Preview of Main Points: Preview your upcoming main points Be sure to transition smoothly from attn-getter, to thesis & p review of main points, to the body (Main Point 1).Continue to use transitions to move smoothly from one point to the next and on to the conclusion. Body: I. Main Point 1 A. Supporting Ideas/Subtopic of Main Point 1 B. Supporting Ideas/Subtopic of Main Point 1 – These are backed up by Supporting Material: definition, statistics, example, illustration/story, testimony, compare/contrast. Use vocal citations when appropriate. Transition. II. Main Point 2 A. Supporting Ideas/Subtopic of Main Point 2 1. Additional supporting ideas 2. Additional supporting ideas B. Supporting Ideas/Subtopic of Main Point 2 1. Additional supporting ideas 2. Additional supporting ideas These are backed up by Supporting Material: definition, statistics, example, illustration/story, testimony, compare/contrast. Use vocal citations when appropriate. Transition. III. Main Point 3 A. Supporting Ideas/Subtopic of Main Point 3 B. Supporting Ideas/Subtopic of Main Point 3 – These are backed up by Suppo rting Material: definition, statistics, example, illustration/story, testimony, compare/contrast. Use vocal citations when appropriate. Conclusion: I. II. Summarize Main Points: Provide closure (closing statement, quote, story, etc. ): Comm 1100 – Pergrem Check List for Speech Day Printed comprehensive outline ? Printed works cited or bibliography page, correctly done ? Printed out actual copies of research sources (web pages, magazine articles, etc. ) ? Printed out the speech 1 evaluation sheet with name and topic completed ? Stapled all of the above together with evaluation sheet on top ? Visual aid (fully incorporated into speech) ? Practiced so that speech is within time limits and to the extent that I feel comfortable looking down and my outline and continuing should I lose my place. ? Practiced using a competent, conversational tone, not reading, and looking at audience

Friday, August 30, 2019

Physics Lab Report Cooling Coffee Essay

Introduction: It is Saturday afternoon. You brew yourself a cup of coffee and are just about to pour cold milk into the coffee. The doorbell rings and you realize immediately that your friend needs your help for a few minutes this afternoon. If you want to have your coffee as warm as possible after you helped your friend, what would be wise to do? Should you pour the milk now, or after you come back? Or does it make no difference? I would like to add the milk into coffee after I come back. Because the hot coffee without milk will cool longer than the warm coffee with milk. Aim: To find out the relationship between the time at which the milk is added, and the final temperature of the coffee/milk mixture. Every minute the coffee was getting cooler (milk was getting warmer until the room temperature), but when we added the milk into coffee it started to cool more faster. Variables: Independent: Dependent: the coffee/ milk temperature dependents of the room temperature. Controlled: To control variables we can change hot coffee/water and milk every minute, or put hot coffee/ water into thermos and milk into object that has same temperature. Hypothesis: My hypothesis is that will be better if we won’t add milk into coffee( because it has a cooling effect), so the coffee will be hoter if we won’t add milk into it. Apparatus: 1. 250 ml beaker 2. 50 ml beaker 3. 100 ml 4. 50 ml measuring cylinder 5. thermometer 6. kettle 7. water cooler 8. stop watch 9. stirring rod Thermometer Diagram: Thermometer Hot Coffee (200 ml) Cold Milk (50 ml) Method: 1) Take 2 test tubes 2) In the first test tube pour milk 3) In the second one pour hot coffee/hot water. 4) Put thermometers into both test tube. 5) Measure the temperature every minute. 6) Record the temperature. Data Collection: At the beginning of the experiment the temperature of the coffee/ hot water was 80.9, but the water started to cool and every minute the temperature was getting lower. 80.9| 79.9| 73.7| 71.7| 65.3| The milk was 19.8 and with every minute it was getting warmer. 19.8| 19.9| 20.1| 20.1| 20.1| So the milk and hot coffee had difference of 61.1 but after mixed together-54.5. Substance:| Temperature(c)as is| Temperature(c)after 1 min| Temperature(c)after 2 min| Temperature(c)After 3 min| Temperature(c)After 4 min| milk| 19.8| 19.9| 20.1| 20.1| 20.1| Hot water| 80.9| 79.9| 73.7| 71.7| 65.3| both mixed together| 53.1| 52.1| 51.0| 51.0| 50.3| Graph: Conclusion and Evaluation: Problems: We used only one metal rod, after hot water we put it into milk ( the rod was hot) and maybe it made a effect to results. Also we use only one thermometer in short time, after hot coffee we measured the temperature of the milk promptly, maybe this can changed results. To solve these problems we should use two metal rods and two thermometers. Make sure you read and follow the checklist!!!!! Design Design| Complete /2| Partial / 1| Not at all /0| Aspect 1 | Define problem and select variables| Formulates a research question and identifies the relevant variables.| Formulates a research question that is incomplete or identifies only some relevant variables.| Does not identify a research question AND does not identify any relevant variables.| Marking Checklist: Research Question (RQ) or Aim clearly stated| | RQ/Aim includes Independent Variable (IV)and Dependent Variable (DV)| | IV correctly identified with units/ range| | DV correctly identified with units| | Prediction is quantitative| | A sketch graph is included, with explanation| | Prediction is explained using scientific theory| | Design| Complete /2| Partial / 1| Not at all /0| Aspect 2 | Controlling variables| Designs a method for the effective control of the variables..| Designs a method that makes some attempt to control the variables.| Designs a method that does not control the variables.| Marking Checklist Method to manipulate IV, including specific details of range or increments| | Method for recording results, including units| | Diagram of equipment or experimental set-up | | Controlled variables presented as a table: * List all variables to be controlledFor each variable: | | How could it impact the results?| | Exactly how will it be controlled?| | Design| Complete /2| Partial / 1| Not at all /0| Aspect 3| Developing a method for the collection of data| Develops a method that allows for the collection of sufficient, relevant data| Develops a method that allows for the collection of insufficient, relevant data| Develops a method that does not allow for any relevant data to be collected| Marking Checklist: How will your results be presented?| | Does your plan address the research question?| | Do you have a minimum of 5 different values for the independent variable?| | Do you have sufficient repeats at each value to ensure reliability?| | Is your method clearly presented and can it be easily followed by others?| | Have you addressed safety?| | Data Collection and Processing DCP| Complete /2| Partial / 1| Not at all /0| Aspect 1| Recording raw data | Records appropriate data including units.| Records appropriate data but with some mistakes or omissions. | Does not record any appropriate raw data OR raw data is incomprehensible.| Marking Checklist: Raw data clearly distinguished from processed data (possibly separate table)| | Units of IV and DV present and correct| | All data are recorded correctly and honestly| | Decimal points consistent throughout| | Decimal points consistent with precision of the measuring equipment| | DCP| Complete /2| Partial / 1| Not at all /0| Aspect 2| Processing raw data | Processes the raw data correctly.| Processes raw data, but with some mistakes and/ or omissions.| No processing of raw data is carried out OR major mistakes are made in processing.| Marking Checklist Calculations to determine DV carried out, if necessary | | Calculations address RQ| | Mathematics correctly applied| | Worked example calculations given| | Processed data (and decimal places) consistent with precision of recorded data| | Data Collection and Processing| Complete /2| Partial / 1| Not at all /0| Aspect 3| Presenting processed data| Presents processed data appropriately| Presents processed data appropriately but with some mistakes or omissions| Presents processed data inappropriately or incomprehensibly| Marking Checklist: Does your graph have an informative title?| | Is it an appropriate size with suitable scales?| | Are the axes labeled with S.I./metric units?| | Are all the points accurately plotted?| | Does it have a suitable line of best fit?| | Conclusion and evaluation CE| Complete /2| Partial / 1| Not at all /0| Aspect 1| Concluding| States a conclusion, with justification, based on a reasonable interpretation of the data| States a conclusion based on a reasonable interpretation of the data| States no conclusion or the conclusion is based on an unreasonable interpretation of the data| Marking Checklist: Have you stated the patterns or trends in your data with reference to your graph?| | Have you offered a scientific explanation of your results?| | Comparisons, if appropriate, are made | | Data related to prediction or RQ – to what extent to they agree/ disagree?| | Appropriate language used â€Å"Supports my prediction† (not ‘proves’ or ‘is correct’)| | Suggestions for further investigation stated| | CE| Complete /2| Partial / 1| Not at all /0| Aspect 2| Evaluating procedures| Evaluates weaknesses and limitations.| Identifies some weaknesses and limitations, but the evaluation is weak or missing.| Identifies irrelevant weaknesses and limitations.| Marking Checklist: Analysis of reliability of results:| | Are data sufficient to address the RQ? | | Was the range of the IV appropriate?| | Identify & Explain anomalous data points| | Refer to data| | Some attempt to evaluate measurement/ instrument errors, systematic error problems with the method) in terms of:| | Possible effect on data| | The validity of the conclusion| | Time management or human error may be mentioned, though these are not scientific errors – they should be eliminated with good practical skills. The focus here should be on the investigation. List your errors and limitations in order; state the most significant error or limitation first! CE| Complete /2| Partial / 1| Not at all /0| Aspect 3| Improving the investigation| Suggests realistic improvements in respect of identified weaknesses and limitations.| Suggests only superficial improvements.| Suggests unrealistic improvements.| Marking Checklist: For each weakness or limitation mentioned above, how could improved experimental design remove or reduce the effect of the error in terms of:| | Techniques used to collect and record data| | Design of the investigation, including range of values chosen and repeats of each IV data point| | Realistic, specific and achievable improvements| |

Thursday, August 29, 2019

Sport Obermeyer Minimum

Wally Obermeyer is facing a challenge in accurately forecasting the market response and demand for the upcoming season. Historically, the company founder, Klaus Obermeyer, relied minimally on forecast data, and more on intuition and artistic tastes. In comparison, his son Wally prefers to make decisions based on analytical techniques and information gathering.If Wally’s approach proves successful, it can change how Sport Obermeyer approaches its manufacturing processes, secure its position long-term as the middle- to high-end producer of skiwear, increase profits, and better meet the company’s objective of delivering matching collections to retailers at the same time and earlier in the season. Sport Obermeyer has many challenges to overcome. Forecasting is problematic since production commitments are required in November, but the bulk of the orders are not placed by retailers until the Las Vegas trade show in the following March.Also, the market trends are seasonal, cha nging frequently, and adding to the difficulty in forecasting. The company cannot postpone production completion dates due to the quota limit on importation of goods from China, where a bulk of its production occurs. Adding further complications to the manufacturing decisions, the company has a new manufacturing facility coming online in Hong Kong, and must determine what products, and how much of those products should be manufactured in each of the facilities. Issues with vendors of raw materials must be addressed.There are long lead times for some vendors, and because of that, excess inventory is maintained in the manufacturing facilities. The company must also maintain a competitive edge with the growing pressure from competitors, specifically Columbia. Sport Obermeyer has relied on a buying committee comprised of key manager to forecast production demands, and make decisions regarding production commitments. Historically, this committee has done fairly well in predicting which s tyles will be popular, and forecasting has been best for the styles on which agreement was greatest between the committee members.In order to take the greatest advantage of this committee, Wally Obermeyer is utilizing the Delphi method. This method will give Wally the opportunity to determine which members of the committee have the greatest accuracy. While it may not pay off in the immediate decisions, over several years, he will be able to determine which members’ opinions should receive the greatest weight when making production decisions. In the meantime, a decision must be made regarding the upcoming season.Wally should proceed with the minimum order necessary, one-half of the total expected demand for the season (10,000 units), to keep up with production demands. Since the minimum production quantity for a style is 600 units from the Hong Kong facility, Wally should initially only consider production of styles predicted to exceed this limit until the bulk of the order co me in following the Las Vegas show. In doing so, the risk of overproducing a style, and being forced to sell it at a deficit will be mitigated. Past data indicates the buying committee’s forecast is accurate within two standard deviations.Using these forecasts, Sport Obermeyer should delay production of the Isis, Teri, and Stephanie styles since they demand is forecasted to be low for them, and proceed with the remainder of the items in consideration (See Table 1 for quantities relating to each style). Forecasting also has difficulties due to the delay in information from retailers regarding which products are most popular. Long-term, and if financially feasible, Sport Obermeyer should consider providing retailers responsible for the majority of purchases of their good with software that will provide Sport Obermeyer with real-time data on sales of its product.By doing so, the company will better be able to predict what items are desired for replenishment orders, and greatly r educe goods sold to South America at prices below manufacturing costs. Furthermore, Sports Obermeyer can approach retailers sooner regarding replenishment orders based upon the data it has collected. If replenishment orders are received sooner, then the cost of shipment is greatly reduced since fewer will require air shipment. Lastly, the company should take an active role in influencing the demand of products it forecasts as being most popular to ensure these items are in high demand.Sport Obermeyer should pressure its sales force to promote these items by providing incentives, such as bonuses, to its personnel. If need be, the company can also provide discounts for large bulk orders to retailers. Lastly, the company should heavily promote these items via advertisements campaigns. Sport Obermeyer needs to be able to keep up with production demand, and in the case the company is overly successful in pushing the styles it predicts to be in highest demand, resulting in Sport Obermeyer needs to be able to meet the production demands generated.The manufacturing facility in China can produce goods much more cheaply than the facility in Hong Kong, but the quality and startup time are inferior to the Hong Kong facility. Obersport, a joint venture of Sport Obermeyer, is responsible for monitoring quality of the raw materials, and coordinating production Sport Obermeyer products in the Far East. Obersport should implement and expand upon its current quality control and quality assurance practices.Sport Obermeyer should pare down the variation in its products to reduce the frequency in changing manufacturing lines resulting in the facility in China being able to complete orders faster. Sport Obermeyer needs to reduce the planning time required for each season. Currently, planning for a season must start two years in advance. This is a hindrance to the company since forecasting data improves as the start of the season being planned for becomes closer. Reducing the number of vendors for raw materials, as well as the variety of styles available will shorten the time for planning.Furthermore, Sport Obermeyer will be ordering more from a few vendors, giving them greater buyer power to negotiate discounts, resulting in increased profits. Reducing the variety in the raw materials used should increase quality in addition to speeding up production. Long-term, after lead time and vendor issues are resolved, Sport Obermeyer should consider spinning off another brand within the company to be marketed separately from its current line. As costs for manufacturing are reduced due to a more streamlined production process, Sport Obermeyer will be better able to compete at the same price point as Columbia.By creating a new brand, the company will not risk reducing the reputation for quality associated with Sport Obermeyer, but will be able to compete directly with Columbia and take part of its market share. This move will increase sales for Sport Obermeyer, as well as limit the growth of Columbia. Furthermore, Sport Obermeyer should consider producing street wear for both the current high-end brand and the lower-end brand that will compete with Columbia. This will expand the markets to which Sport Obermeyer is competing in, and increase visibility of the brands since the clothing will be worn year round.Sport Obermeyer places production orders three times each season. The first order is placed prior to the Las Vegas trade show, the second is placed the week following the trade show, and the third comes at the end of the season when replenishment orders are made. Short-term, until quality and vendor issues are resolved, Sport Obermeyer should place the first order with the Hong Kong manufacturing facility. The labor in the Hong Kong facility is significantly higher than the facility in China, but the quality is better in Hong Kong.Also, the Hong Kong facility is able to produce goods faster. The second order should be placed with the facility i n China to take advantage of the markedly reduced labor costs. The third order should be placed in Hong Kong since these orders need to be produced quickly to reduce the use of expensive air shipment in lieu of using an ocean carrier. Long-term, if Sport Obermeyer elects to pursue a spinoff brand, the lower quality product should be manufactured in China to take advantage of the reduced cost of production.The Hong Kong labor force should have increased labor skills by this point, and production output should be optimized. The Hong Kong facility should continue to produce the high-end Sport Obermeyer lines. Even though the cost of production will be greater in the Hong Kong facility, the revenues generated by this facility should be greater since the high-end clothing can be offered at a higher price point. Sport Obermeyer has many problems to address, but with just a few adjustments, they can be rectified. By paring down the variety of options in the lines, quality will be increased .Forecasting is improved by implementing the Delphi method in the Buying Committee, and adding a weighted accuracy measurement to the Committee members in future seasons. Reducing the number of vendors remedies the excessively long lead times, and provides Obersport with buyer power to negotiate discounts. Providing the primary purchasers of Sport Obermeyer products with free software for tracking sales allows Sport Obermeyer to better predict replenishment orders, and eliminates much of the use of air carriers, as well as eliminates overproduction of goods that are sold below manufacturing cost.By creating a second brand, Sport Obermeyer can compete directly with Columbia, and not tarnish the image of quality associated with its current lines. Lastly, Sport Obermeyer can drive sales toward the items it predicts will be popular by offering incentives to sales personnel, large customers, and launching advertisement campaigns to also eliminate overproduction and lost revenues. Table 1 : Recommendation of order quantity for each style of Parka considered by the Buying Committee.Since orders had to be placed in Hong Kong where a 600 unit amount is needed, the styles of Isis, Teri, and Stephanie were ignored in the order placement for the first phase of production due to uncertainty of need. Style| Average Forecast| 2SD| k=1| k=0. 9675| Gail| 1017| 388| 629| 642| Isis| 1042| 646| 396*| –| Entice| 1358| 496| 862| 878| Assault| 2525| 680| 1845| 1867| Teri| 1100| 762| 338*| –| Electra| 2150| 807| 1343| 1369| Stephanie| 1113| 1048| 65*| –| Seduced| 4017| 1113| 2904| 2940| Anita| 3296| 2094| 1202| 1270| Daphne| 2383| 1394| 989| 1034| Total| | | 9774*| 10001| | I

Wednesday, August 28, 2019

Foundation of knowledge and Profesional Skills Essay

Foundation of knowledge and Profesional Skills - Essay Example Objectives. The author aims to establish that contemporary slavery exists and that there is need for more fair trade practices, and to explore how select marketing communications can enhance awareness, influence consumer perceptions and create actions that foment anti-slavery activities, human rights and fair trade in supply chains. The Rugmark and Cafedirect campaigns from the carpet and coffee industries respectively provide model cases for the study. Assumptions. The author's assumption is that, "Changing the nature of the coffee market to introduce fair trade, rather than free trade, would have immediate impact on several stakeholders in the supply chain and symbolic importance" which could "also influence trade practices in other commodities/industries." [pg. 646] Method. An interpretive research design, spread over three years, was adopted covering site visits, interviews, and examination of extant policies, documents and trends. [pg. 646] Eisenhardt's (1989) eight-step procedure for theory development was used. Analysis was done by a process of coding, memoing, and developing propositions, which were then confirmed through triangulation. When ambiguity arose respondents were invited to comment on the author's theoretical developments. The public confusion regarding the terms 'slavery' and 'fair trade' due to interpretations by various agencies is addressed by offering standard definitions. Slavery: People generally believe slavery to be a historical phenomenon abolished years ago. [pg. 648] Contemporary slavery is however a flourishing business despite its obvious cruelty and illegality (Lees, 1995; The Economist, 1996) and a matter of human rights. Anti-Slavery International (ASI) which works to promote 'the basic right of human beings to be subjects rather than objects' (Anti-Slavery International, 1995a) defines slavery as the status of a person on whom the right of ownership is exercised by capture, acquisition, disposal or exchange, tantamount to acts of trading or transportation of the individuals. Fair Trade. Culled from interpretations of several fair trade organisations including the Fair Trade Federation (FTF) the article suggests that when organisations benefit artisans, work with co-operatives employing democratic principles, reinvest profits to benefit communities engaged in production, and work towards moving more processes to the Third World, it constitutes fair trade [pg. 643] and their products display a fair trade label. The Rugmark and Cafedirect Campaigns. The Rugmark Campaign espoused by ASI in 1994 is an illustration within the UK of interconnections between the first and third worlds. A Rugmark label on hand-knotted carpets from India indicates that no child labour was used during production, and that workers were paid the prescribed minimum wages. The author agrees that the ASI initiative was intended more to convey to the developed world the alienation suffered by 'slaves' lacking the basic human right of freedom and how their efforts to merely subsist sometimes impacted environment, making it a green issue also, than an utopian effort to close the North-South divide. [pg. 650] As for Cafedirect, UK's pioneering fair trade coffee brand, its phenomenal success (4% market share since launch in 1992) was attributed to the impact on distributors and

Black Power Movement Essay Example | Topics and Well Written Essays - 1250 words

Black Power Movement - Essay Example It is not possible to comprehend the reason for the formation of the BPP or attempt to explain its violent tendencies without first examining the Civil Rights movement of the 1950’s and 1960’s and the specific events leading up to its establishment. This discussion will give a brief synopsis of those historic events and the people that laid the foundation for the forming of the BPP; provide an overview of the party and then delve more deeply into the inner-workings of the organization. Malcolm X (Little) became a powerful speaker in the movement and became more important to the cause by his death than he was in life. As Martin Luther King had secured the character of the Southern black, Malcolm had become the messiah of city slums in the North, Midwest and West. The semi-militant organization he headed, the Nation, grew quickly under his leadership. Malcolm was most remembered for his passionate anti-white speeches. This was an idea that was emulated by other pro-autono my organizations. He was the target of many death threats, one of which, in 1965, was successful. Soon after Malcolm’s death, Huey Newton and Bobby Seale began forming the Black Panthers (Black Panther Party, 2011). The South was the epicenter for the civil rights movement but racial problems had no regional boundaries. As blacks in the south were working to eradicate segregation, blacks in places such as Chicago, Detroit and Oakland were engaged in their own fight for equal treatment. By the mid-1960’s hostility between Oakland’s black community and the police, a long and ever escalating problem, had reached its apex. Because blacks, being seemingly constantly under an increasing intimidation by the police, Newton and Seale founded the Black Panther Party for Self-Defense in October 1966. The pair had been intensely influenced by the teachings of Malcolm X and structured the organization similar to the Black Muslim program except with no pretenses of religious practice. In contrast to Martin Luther King’s methods and teachings of nonviolent protest, the BPP claimed that they needed to equip themselves with weapons for use as self-defense against police brutality. Arming the group did provide the intended protection but, predictably, led to confrontations with the police that often times concluded with a bloody altercation. The Panthers also volunteered their time and efforts performing various activities that helped people in the community. The group made the rounds throughout neighborhoods in Oakland carrying arms, recorders, and various books so as to teach black history, counsel welfare recipients, and effectively protest rent evictions through the court system. The Panthers could be easily distinguished by their uniform dress of black jackets, pants and berets with blue shirts (Jones, 2000). In 1967, Eldridge Cleaver joined the Black Panther Party. At the time, Cleaver was working as a writer for Ramparts magazine and was the c reator of Black House, a political organization in San Francisco. â€Å"Cleaver served as the Panthers’ minister of information. In this position he was in charge of the publication of the Black Panther newspaper. On April 25, 1967, the first issue of the paper was published and

Tuesday, August 27, 2019

Biological Anthropology - Bipedalism Essay Example | Topics and Well Written Essays - 250 words

Biological Anthropology - Bipedalism - Essay Example Disadvantages are that the eyes are now further from the ground, so further away from tracks being followed, or from low growing food. Also, by standing tall, the person is more likely to be seen at a distance by enemies and predators. As hominids moved out of Africa into cooler climates they were at a disadvantage as more of the body surface was exposed to colder weather. The Dikika infant was a three year old (Sloan) member of the Australopithecus afarensis group, and was found encased within Ethiopian sandstone. The baby is apelike in her upper body, but human like below the waist. She is very small, and is likely to have been carried a lot of the time. Her skull supports only the same space that a three year old chimp’s brain would, so, in evolutionary terms, bipedalism seems to have come before great brain development. Jenk describes how some argue that the ape like, tree climbing facilities exhibited in this specimen may simply be inherited, and were not necessarily used. Others say that these creatures used both humanoid bipedalism and ape like methods of locomotion. This is the skeleton of a very young child. This means that the skeleton does not exhibit the changes that would have occurred in an adult, because certain muscles were being used in preference to others. What is needed is a complete adult skeleton before a definitive answer can be arrived at with regard to the preferred method of

Monday, August 26, 2019

Customer Relationship Management Assignment Example | Topics and Well Written Essays - 2750 words

Customer Relationship Management - Assignment Example CRM is often referred to as ‘relationship marketing’ (Parvatiyar & Sheth, 2001, p. 3) and has much to do with customer acquisition and retention. These processes should, in their turn, be addressed by the whole organization as those playing a key role in organizational success. In addition, modern CRM is the approach that makes companies not simply sell products, but fulfill the needs of the clients by means of creating value. Creating value, in its turn, though is a marketing concept, works as a strategy for building certain relationships with the clients and, in such a way, creating a competitive advantage for the company. The goal of any business is to bring profit via providing clients with goods or services. However, as competition in the globalized market is continuously becoming more and more fierce, companies have to be continuously developing and changing in order to remain competitive. Therefore, the quality of goods and services, the value they bring to the cu stomers and customer satisfaction are the tools for creating competitive advantage in the market.  The value that the good or service carries is to satisfy both the immediate physical and mental needs of a client. Creating value, in its turn, builds customer loyalty that is then expressed in increased sales and profit for the company (Reichheld & Teal, 1996, p. 3). A quite similar is the purpose of achieving customer satisfaction. A satisfied and happy client is more likely to return and purchase the goods or services of the business again. This is directly related to the company’s profit and, hence, opportunities for further growth and development. With the development of social media and communication technologies word of mouth has become an important tool for building a company’s image and brand identity. First of all, since the world has become more interconnected, it is easier for businesses to market their products. At the same time, advanced technologies are o f help to prospects and customers in the process of sharing opinions and experiences related to the company’s product. However, the development of social media and communication technologies is both an opportunity and a threat to businesses. Social media and digital communication channels provide businesses with wider opportunities for marketing their products and communicating the clients. In addition, since people often buy in response to independent positive opinions (Silverman, 2001, p. 6), word of mouth, which is being spread fast nowadays, has even evolved into the appearance of new marketing concepts, such a world of mouth marketing and viral marketing. Making people talk about the product in a positive light is, according to Silverman (2001, p. 6), one of the most effective ways of making people buy the product.

Sunday, August 25, 2019

Proposal Essay Example | Topics and Well Written Essays - 500 words - 2

Proposal - Essay Example ed to this are an increase in competition marketing cheaper imported goods; competitors using modern, and therefore more catchy business practices; and improved systems and methods to help to decrease their costs and the constantly changing demands of modern consumers, as well as a major depletion of customer awareness. The difficulties currently hampering QLG is that if they do not take immediate action, they will only be faced with more decreases in market share and profitability. We must also be prepared for continual losses of important and highly skilled staff members, as well as deterioration in the overall business performance and profitability. Our proposal outlines a progressive five stage process to address the objectives as identified by Queensland Leisure Group executives during the consultation process. These five stages will create positive change in a number of key areas: Business model change: QLG needs a flatter, more functional business structure which will reduce labour costs and increase flexibility to help them respond more quickly to the rapidly changing external environment, Following the analysis that we, NAHN Consulting, have completed, we have prepared this proposal for you which we believe will provide you with the guidance, tools and support that will greatly improve your current performance. We have forecast an improvement of 5% increase in your Net Profit in 2011 followed by a further 10% in 2012 based on the implementation of our proposed changes. It is also our firm belief that with these improvements you will increase your ability to attract and retain key talented staff members which will reduce costs associated with recruitment and training of new staff. The value to your organisation in meeting these objectives includes improving the overall productivity level and decreasing the costs of manual labour. In addition, the enthusiasm of human capital will be greatly increased, and employees will be more pleased, which will lead

Saturday, August 24, 2019

I have five different papers that I need to have written. Disciplines Essay

I have five different papers that I need to have written. Disciplines should be in Mathematical methods in introductory algebra,geometry,business math word problems,and business statistics - Essay Example That is, the next 10 feet will cost $125; the next 10 feet will cost $150, etc. How much will it cost to build a 90-foot tower? The labor cost for construction of the tower is $100 for the first 10 feet. After that, each new invoice is $25 more than the previous one. Hence the invoice numbers look like this: 100, 125, 150, 175 and so on. There is a constant difference of 25 between two successive terms which tells us this is an arithmetic sequence. In other words, each year the existing balance is multiplied by 1.05. Hence 1.05 is the common ratio and every term of the sequence is found by multiplying the previous term with this common ratio. This means we have a geometric sequence at hand. We have learnt that the increments by a constant number give arithmetic sequence. This is the reason why we chose arithmetic sequence to solve Exercise 35 as the labor cost was increasing by a constant number 25 in that case. Similarly a constant ratio between successive terms gives geometric sequence. Exercise 37 had a constant ratio of 1.05 between successive balances each year in the savings account. Hence we used the geometric sequence formula to calculate our final balance. We can use arithmetic sequences to calculate the average performance of a data set of like say the average marks of a class as the data is distributed evenly around the median. Geometric sequences can be used to capture the growth of the data set like the growth in the returns of a mutual fund, equity,

Friday, August 23, 2019

The Grandmother and Ruby Turpin Essay Example | Topics and Well Written Essays - 1250 words

The Grandmother and Ruby Turpin - Essay Example The bitter epiphany that the Grandmother and Ruby Turpin have experienced in these stories reflects the journey of every human being toward coming to terms with himself. Moreover, in the stories, the Grandmother and Ruby Turpin share a number of similarities and differences in terms of character, experience and various other aspects.The Grandmother and Ruby Turpin share a number of similarities in terms of character and other aspects. First of all, they are both bigots. The Grandmother, in fact, is a â€Å"hypocritical old soul† (Bandy 109). As the oldest character in the story, she seems to show to Bailey, his wife and the children that she possesses the greatest wisdom and the deepest connection with Jesus Christ. However, the irony is that she is the most afraid among the characters when the Misfit shows up. While the rest of the family are curious about the Misfit and his friends, the grandmother is the first one who â€Å"shrieked [and] scrambled to her feet [and called out] â€Å"You’re the Misfit!† (O’Connor, â€Å"A Good Man is Hard to Find† 306). This particular line simply shows how fearful she is of what can possibly happen to her and the rest of the family.The Grandmother’s hypocrisy in her faith in Jesus Christ also shows when, even as she calls out Jesus’ name, she offers the Misfit a bribe. ... You’re one of my own children† (309). Nevertheless, this last attempt of the Grandmother at survival turns out to be the exact opposite of what she actually wants. Perhaps she thinks that by mentioning God, the Misfit will not kill her, but she is wrong. Ruby Turpin, just like the Grandmother, is simply â€Å"bigoted and complacent† (Paquet-Deyris 1). She keeps mentioning to everyone in the room, or at least make them feel, that she has â€Å"a little of everything† – land, property, slaves, hogs – thus implying that she is better than them (O’Connor, â€Å"Revelation† 89). The phrase â€Å"a little of everything† seems like a humble way of saying â€Å"I have a lot† but it is the latter meaning that she wants to make everyone feel. Moreover, like the Grandmother, Ruby also has this seemingly religious image which she flamboyantly projects upon everyone she sees. However, unlike the Grandmother who uses Jesusâ€℠¢ name as a sort of attempt at survival, Ruby seems to invoke the holy name out of pride. Toward the middle of the story, she mentions, â€Å"I thank the Lord he has blessed me with a good [disposition]† (91), and â€Å"Oh thank you, Jesus, Jesus, thank you† (92). This last line, however, has cost her a lot as we all know. Perhaps Ruby thinks that everyone is impressed with her just because she tells everyone how close she is to Jesus. Little does she know that Mary Grace is not the least impressed. Mary Grace knows that beneath the cloak of this â€Å"respectable, hardworking, church-going† follower of Jesus Christ lurks an evil that looks down on everyone (94). And indeed Mary Grace is right about Ruby Turpin – the latter is full of prejudices against people in general. In fact, Ruby has indeed proudly ranked herself as a

Thursday, August 22, 2019

Website copywriting Essay Example for Free

Website copywriting Essay Welcome!   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Makati Educational Institute offers various programs that will prepare soon-to-be teachers to efficiently impart critical information to our future generation. We   prepare a person enrolled in our institute by developing his or her full potential. We employ a very modern, multi-dimensional and hands-on approach to education. We also ensure that our tranining and educational policies are at the forefront of the industry.   Moreover, we utilize the latest technology in our classrooms, departments and other facilities on campus.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In addition, we manage our students on a one on one basis. We make sure that our teacher to student ratio in our classrooms is kept at a bare minimum, about twenty students per teacher, so teachers can actively attend to each of their students needs and critically monitor each individuals progress.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Our programs and various teaching methods provide students with a competitive advantage by setting them apart from the rest of the pack. We ensure a professional and dynamic atmosphere along with the latest information and technology in whatever field our students are pursuing. We also guarantee that our faculty members and staff will only bring out the best in our students. They are also dedicated in honing students abilities to their fullest. That is why our institution can proudly say that we only deliver the best and most qualified teachers of the future.             History of the institute   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Established in 2005, the founders of the institute wanted to provide an accelerated program for working professionals or to those who want to get a degree in a matter of one to two years.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Our goal is to properly educate teachers that will be truly competent in their designated task   of effectively passing on knowledge to our future generation. Our institute is dedicated in making this possible by providing quality education and training to our students.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Our faculty started with a group of educators who have been working in the academic field for decades. They decided to start their own institute after having been employed in numerous public and private schools. They figured that it is time they actively contribute to the educational system and what better way to do this than to educate and train future teachers.   In a year, the institute has employed 40 full-time teachers as well as 20 part-time teachers. Each year, the faculty and number of students just keps on growing.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Our institutes meager beginnings started with just two dozen students walking the hallways of the two departments that occupy one building of our newly, furnished campus. After a year, enrollment in our institute has quadrupled.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Our graduates in the last three years consisted of over two hundred students. They were employed at least three months upon graduation. This is because our institute offers educators the necessary skills and training to effectively do their job. We have a training program wherein our students are authorized to teach and provide support in various public and private schools nationwide. We also partnered with several schools in order to conduct a job fair that we hold in our institute at least twice a year. We also provide job assistance to fresh graduates of our institute. Faculty   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Our faculty consists of 150 qualified educators, working either on a full or part-time basis. They are all masteral and doctorate degree holders and experienced professionals in 16 different specialities. They operate and handle 6 departments in our institute namely Mathematics; Natural Sciences, Social Sciences; Foreign Languages which include Spanish, French, and German; Preschool Pedagogy and Pyschology; and Elementary Education. Each department has their own buidling.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   We also have a library, which holds about 350,000 academic journals and books. In addition, we are electronically subscribed to various online academic journals and magazines. We also have three modern computer laboratories to ensure that students have all the resources that they need to succeed in any of their chosen field of study. While our science laboratories contain advanced equipments to assist our students in furthering their knowledge regarding the subject matter.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Furthermore, we also offer free tutorial sessions to our students after class. Out of the 150 teachers on campus, 50 of them voluntarily tutor students on a regular basis. Most of these teachers have doctorate degrees in a wide-array of courses available in our institute.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Moreover, our after-school tutoring program is headed by five of our most dedicated and talented instructors. All of them have doctorate degrees in their chosen field of studies. Also, they all have impeccable records due to their accredited performance.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   One of our tutors and full-time staff member is Lisa Gonzales. She heads the foreign language department. Her specialty is in Spanish and French. She graduated as magna cum laude of her class. Lisa strongly believes that learning a foreign language is essential in our ever-growing society that is becoming more globalized over the years. With more Filipinos being employed overseas, it is crucial that students learn and become fluent in at least one foreign language to have an advantage over other job applicants.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   On the other hand, Tesa Santos who heads our Math department, stresses the importance of developing better math skills. This is because Filipinos are lagging behind when it comes to this subject area. Thus, she simplifies concepts in order for her students to understand the general idea. She realizes that students need to constantly practice math skills that they have learned. Therefore, she usually engages them in numerous assignments and projects that are based on real life scenarios so that students can see the relevance of what they are learning. Her teaching strategies has proven to be effective because most of her students are currently employed at Mapua and Don Bosco schools.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Finally, Mariel Garcia heads our elementary education department. Mariel firmly believes that the most important stage in the development and learning of children lies in their early years of education. This is because the desire to learn is at its peak. Therefore, educators should know how to handle young children effectively in order to bring out the best in them. Thus, her teaching method employs a more personal approach to learning.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   These are just some of our exceptional instructors. Students who have been taught by any one of these teachers know all too well that these teachers demonstrate a strong passion for what they do and skillfully challenge their students. As teachers, they exceed their students expectation. These teachers, along with the rest of our faculty, are all determined to make a difference in each of our students life. We are truly and genuinely interested in their future well-being and success. Thus, students at our institute becomes our main priority. This is because we are aware that without them, our institution will not exist.

Wednesday, August 21, 2019

Health care challenges Essay Example for Free

Health care challenges Essay Our country is set to face a new way of managing health which could potentially change the environment on how nurses deliver care. As our nation prepares for the implementation of Patient Protection and Affordable Care Act, nursing as a healing profession has to be open to what the future of health management holds. The goal is to have all registered nurses reach a high level of understanding and acquire tools necessary to provide the best possible way at a low cost. It is both moral and professional obligation of our leaders to ensure that highly competent and well trained nurses are available throughout this transition. To achieve this goal, nurse educators are the key players to train both novice and seasoned nurses to the change based on the new policies and evidence-based research. However, our Nurse Educators are overwhelmed with their current workload hence causing faculty shortage in the country. A recent study published on 2011 aimed to explore the relation of nursing faculty shortage to their workload, determine if there are evidences that the faculty workload is not equitable and the implication/effect to the nursing research and nursing academic. According to this study, there are multiple factors that influence the nursing faculty shortage such as lack of interest from the nurses to try academic careers, time spends to clinical practice defers pursuance into academic positions, low salaries, high educational costs, nursing education dissatisfaction and most importantly low institutional funding for additional nurse educator positions. Nancy Falk stated in her article that â€Å"despite current critical shortage and growing demand for nurses and nurse educators, federal funding falls far short of addressing these healthcare workforce challenges. Workforce projections suggest that the US will face a shortage of 285,000 nurses by 2015 and 500, 000 by 2025.† (Mason, Leavitt Chaffee, 2012, p 58). Also, American Association Colleges of Nursing reported on 2011-2012, that nursing schools turned away 75,587 applicants who are qualified for baccalaureate and graduate nursing programs because of inadequate nursing faculty including clinical preceptors. These challenges ultimately impact the future of patient care if not addressed. Faculty leaders must work in partnership to create a strategy that will help prevent further faculty shortage by focusing on balanced faculty workload to avoid burnout. This article emphasized on the continuous support by government officials especially adequate funding to nursing education. AACN is allocating its resources to protect federal funding for academic development programs, identify strategies to prevent nursing educator shortage. Additional solution is to create a mentorship program for nurse faculty. This strategy was confirmed by various literature and studies to promote nursing faculty recruitment and retention. Mentorship brings encouragement and direction to clinical educators who are new to the role and prevent burnout. Health care system will be lost without nurses in our society. Statistic shows that there are currently 2.9 million nurses in the United States but nurses with special skills such as in education is extremely needed. Nurse Educators, in some ways, affect the lives of everyone. It is through this role where highly competent, compassionate healers such as nurses are produced. â€Å"The future of the nursing profession depends on a steady supply of nurses to provide the quality care to patients† (Cowen Moorhead, 2011, p. 60)

The CISG and the CESL

The CISG and the CESL In the 21st century, international contracts and cross-border sales are regularly used by people all around the world. Most goods we buy in our daily life are connected to at least one international contract in one way or another. A great part of the international economy and most businesses in Europe rely on international trades and cross-border transactions. But almost all international contracts share the same question: which legislation guides the contract? Is it the domestic law of the seller or the domestic law of the buyer? The answer to this question might have a big influence on, for example, the distribution of risks in the contract or the amount of damages paid in the case of a breach of contract. It is, therefore, essential for every cross-border trade transaction to know in advance which legislation will guide the contract. This is the point where the CISG and the CESL come into play. Both, the CISG and the CESL, try to provide the buyer and the seller with a reliable and unified legislation. Between all sellers and buyers located in a country that accepted the CISG the legislation for any given trade is determined by the convention. The CESL seeks to accomplish the same goal between all European countries. A reliable legislation is especially important in business to business transactions (B2B transactions). Businesses are usually involved in a great number of sales contracts with different business partners in different countries at the same time. The work required to evaluate risks and calculate appropriately would be just too costly. The only solution is a unified international sales law. However, the question arises why there is the need for a second cross-border sales legislation next to the CISG. The statement was given by the ICC on the European Commission proposal for a regulation on a Common European Sales Law also raises the same question. To answer this question, this assignment will compare the CISG and the CESL to one another. Therefore, this essay will have a look at the regulations provided by the CISG and CELS with a focus on the provisions related to e-commerce as well as on the backgrounds of both regimes. Firstly, the essay will introduce the two regimes and give some general information about them. Secondly, the essay will identify all major differences between the two legislations and analyse the CELS suitability to fill gaps in the CISG. The essay will also take a closer look at rules and regulations implemented by the CESL. Lastly, the essay will put the findings in relations to the needs of businesses and B2B transactions and thereby analyse whe ther the CESL is just an optional instrument or an improvement to the CISG. The essay will end by giving a conclusion. A. CISG The CISG was developed by the United Nations Commission on International Trade Law (UNCITRAL) and was signed in Vienna in 1980. The CISG came into force on 1 January 1988, after being ratified by 11 countries.[1] Currently, 78 states have signed the Convention[2] and the combined trade power of those 78 countries sums to about 80% of international trade. The only major country yet to sign the CISG is Great Britain. The CISG is described in the convention as follows: The CISG governs contracts for the international sales of goods between private businesses, excluding sales to consumers and sales of services, as well as sales of certain specified types of goods. It applies to contracts for the sale of goods between parties whose places of business are in different Contracting States, or when the rules of private international law lead to the application of the legislation of a Contracting State. It may also apply by virtue of the parties choice. Certain matters relating to the international sales of goods, for instance, the validity of the contract and the effect of the contract on the property in the goods sold, fall outside the Conventions scope. The second part of the CISG deals with the formation of the contract, which is concluded by the exchange of offer and acceptance. The third part of the CISG deals with the obligations of the parties to the contract. Obligations of the sellers include delivering goods in conformity with the quantity and quality stipulated in the contract, as well as related documents, and transferring the property in the goods. Obligations of the buyer include payment of the price and taking delivery of the goods. In addition, this part provides common rules regarding remedies for breach of the contract. The aggrieved party may require performance, claim damages or avoid the contract in case of a fundamental breach. Additional rules regulate passing of risk, anticipatory breach of contract, damages, and exemption from performance of the contract. Finally, while the CISG allows for freedom of form of the contract, States may lodge a declaration requiring the written form.[3] B. CESL The CESL was drafted by the European Commission in 2011. The CESL is based on the Draft Common Frame of Reference (DCFR)[4]. The CESL looks to unify trade law in the European Union by providing an additional legislation to the CISG. In contrast to the CISG is does not apply to contracts automatically but chose the so-called opt-in solution. The CESL only comes into effect if both parties agree on using it as the guiding legislation. The draft of the CESL has been revealed to the public, but the convention is yet to be ratified by the European Parliament. The first part of the CESL deals with the general principles and applications of the convention. The second part of the CESL deals with the definition of a legally binding contract, duties of the seller and the buyer while forming a contract, the conclusion of the contract, and the right to withdraw the contract. The third part of the CESL deals with the interpretation of a contract and the identification of unfair content. The fourth part of the CESL deals with the obligations and remedies of the performing parties in a sales contract such as delivery of the goods and payment of the agreed price. The fourth part also covers the distribution of risks in the contract. The fifth part of the CESL deals with the obligations and remedies under a service contract. The sixth part of the CELS deals with damages and interest. A. Objectives and scope of application of the CISG and the CESL The first point to discuss, are the objectives of the CISG and the CESL. Why were they implemented, what is their purpose, what is the goal they want to archive, and what contracts do they cover? 1. The CISG The objective of the CISG is to unify the substantive law of professional international sales of goods. The CISG, however, principally excludes consumer sales unless the consumer is not recognized as a consumer by the other party or where the consumer sells to a professional buyer.[5] Other than that, the CISG covers all forms of professional sales. The reason the CISG was drafted was the insight that different sales laws of different states hinder international trade. To remove those differences and to thereby simplify international trade. Since most merchants do not really care about the law applicable to their specific contract, the CISG only replaces the otherwise applicable national law as far as the CISG reaches.[6] The CISG applies automatically to all trade contracts matching the requirements of the CISG. 2. The CESL The purpose of the Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules.[7] The objectives of the CISG and the CESL are therefore essentially the same. Both conventions look to remove the national law from international trade, as the differences between laws represent a hindrance to cross-border trade transactions and should, therefore, be removed. However, the CESL, as its name already indicates (Common European Sales Law), only seeks to archive this aim within the European Union. The CESL does not apply automatically to all trade contracts within the European Union. It is intended to be an additional instrument parties of a sales contract can choose, in order to avoid differences between domestic sales laws. The authors of the CISG want a choice in favor of the CESL to be understood as a conclusive deselection of the rules of the CISG.[8] Additionally, the CESL is intended to apply mainly to consumer contracts and to small businesses. The CESL only covers contracts between consumers and professional sellers and contracts between professional traders if one of them is a small or medium sized business.[9] The CESL aims to protect the naturally disadvantaged party in an international sales contract. However, even though the CELS expressively excludes contracts between large businesses, the proposal includes the option to make the CESL available in large scale international sales contracts between large companies, if the member states chose to do so.[10] 3. Comparison The scope of application and the objectives of the CISG and the CESL only match to a very limited extent. Where the CISG aims to act as a tool to facilitate international trade on a global level between companies, the aim of the CESL is to protect consumers and small businesses primarily in the European Union. However, the scope of application of the CISG and the CESL overlap on small and medium sized businesses. In contracts between small and medium sized businesses the CESL therefore truly represents an optional instrument, as the statement of the ICC on the proposal states (Unless the member states decide to open the CESL to large businesses). This fact is, however, surprising, since the CESL ´s primary goal is consumer protection, whereas the CISG ´s aims to facilitate international trade between businesses. Another important aspect to notice are the different solutions on how the conventions are implemented into trade law. While the CESL is intended to be an alternative solution to existing domestic trade laws the involved parties can choose as an alternative, the CISG aims to replace the different national sales laws by default. B. Opt-in and Opt-out As mentioned before, the CISG and the CESL require different circumstances under which they apply. The CISG, on the one hand, applies automatically the moment its conditions of applications are met. However, this is only true in case the parties of the contract did not choose to opt-out, meaning the parties did not explicitly agree on excluding the CISG.[11] The CESL, on the other hand, chose a so-called opt-in solution. Only if the parties explicitly agreed on the application of the convention, is the contract guided by the CESL.[12] It is, however, doubtful whether the opt-in solution selected in the CESL provides an incentive big enough for businesses to opt into the convention. Since the CESL includes a high level of consumer protection, it seems unlikely that small businesses have any interest in the application of the CESL in their contract.[13] Consumer protection is usually not necessary in B2B contracts and sometimes even aggravates trade. It is therefore highly unlikely tha t businesses to whom the CESL applies choose the CESL over the CISG. C. Partial exclusion Article 6 of the CISG states that parties can exclude each part of the CISG or the convention as a whole from their contract.[14] The only exceptions to this are: (1) form requirements established by the member states according to Article 12 CISG[15], (2) the unwritten exceptions in the final provisions[16], and (3) the principle of good faith in international trade.[17] The CESL, on the other hand, can only be adopted as a whole, since its rules and regulations are mandatory.[18] This principle is revisited in recital 24 of the proposal for a Common European Sales Law as it states: In order to avoid a selective application of certain elements of the Common European Sales Law, which could disturb the balance between the rights and obligations of the parties and adversely affect the level of consumer protection, the choice should cover the Common European Sales Law as a whole and not only certain parts of it.[19] Contrary to the idea of an all or nothing solution in the CESL, recital 30 of the CISG reads as follows: Freedom of contract should be the guiding principle underlying the Common European Sales Law. Party autonomy should be restricted only where and to the extent that this is indispensable, in particular for reasons of consumer protection. Where such a necessity exists, the mandatory nature of the rules in question should be clearly indicated ;[20] indicating that only parts of the CESL are mandatory and can therefore not be excluded in case the convention is chosen as the guiding law. The compatibility of those contrary statements in the CESL is up for discussion and will probably only be resolved in case the CESL is issued. For B2B transactions it is essential to have the flexibility granted by the possibility of a partial exclusion of certain rules. Businesses will most likely only consider the CESL as an alternative to the CISG if it does not limit them in their freedom of contract. D. Conflict of laws The CISG and the CESL both are international conventions on sales law. They naturally compete with the international law established by the contractual states. Therefore, an important aspect of the CISG and the CESL is their relation with international private law. The regulation in the CISG is very straightforward: as far as the CISG reaches does it supersede private international law.[21] The supersession does not limit the parties in the exclusion of parts of the CISG and thereby also limiting its supersession. The CESL takes basically the same approach. The relationship between the CESL and the private international law is covered in recital 27 and Article 11 CESL. Article 11 states: Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concluded, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre-contractual information duties.[22] Additionally, in recital 27 the CESL states: All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law à ¢Ã¢â€š ¬Ã‚ ¦[23]. The CISG and the CESL do not replace private international law as a whole. Both conventions only provide a uniformed international trade law inside their scope of application.[24] E. Comparison of specific regulations in the CISG and the CESL 1. Contractual conformity of goods The most important part of any law concerning the sale of goods are the rules regarding the contractual conformity of the goods. In the CISG this topic is covered in Article 35 and mainly focuses on the agreements of the parties made concrete in the contract.[25] Whether a good is delivered in the condition and quantity necessary to avoid liability does first and foremost depend on the way the parties described the good in the contract. Only if such an agreement was not included in the contract is the contractual conformity determined by assumptions made in the CISG.[26] The CESL takes a different approach. Whether a good delivered is in conformity with the contract depends on two different aspects: The goods must match the agreement of the parties in the contract, but at the same time the good must be compliant with certain requirements laid down in the Articles 99 and 100 of the CESL.[27] This, so called, objective and subjective approach may be the standard in most modern consumer protection laws[28]. It most certainly does not comply with the needs and concerns of modern B2B international transactions. In trades between businesses goods can serve the intended purpose even in cases I which they are (not) fit for purpose for which goods à ¢Ã¢â€š ¬Ã‚ ¦ of the same description would ordinarily be used.[29] A case like this would lead to the preposterous situation, where the seller is liable for damages even though a good serving the purpose was delivered. This again demonstrates one of the main issues of the CESL regarding the usage in B2B transacti on. Unifying consumer protection and the interests of businesses in one convention never serves both interests equally well. Both, the CISG and the CESL, regulate the requirement of notification of lack of conformity and the examination of the goods in sales contracts between traders.[30] 2. Formation of contract The formation of a contract is an essential part of a trade law convention. It is therefore not surprising that the CESL is very similar to the CISG in many aspects and even copied some parts. a) Open price A difference is that Article 31 (1) (b) CESL requires only sufficient content and certainty for there to be a contract, while according to Article 14 (1) sent. 2 CISG an offer is sufficiently definite if ità ¢Ã¢â€š ¬Ã‚ ¦expressly or implicitly fixes or makes provision for determining the quantity and the price. There is no doubt that under the CESL an offer with an open price can be a valid offer.[31] Under the CISG this question was disputed. But since the parties can derogate from Article 14 CISG they can validly conclude a contract even if the offer leaves the price open. Then, according to Article 55 CISG, the market-price fills the gap.[32] Thus, despite differences in formulation both regulations here accord in substance.[33] b) Incorporation of standard contract terms Standard contract terms are without a doubt an important part of international sale contracts. However, the standard contract terms are not regulated in the CISG. In the past 25 years courts and scientists developed basic rules in regard to standard contract terms considering the fundamental principles of the CISG.[34] The CESL does include rules regarding standard contract terms.[35] The CESL copied the solution the German supreme court established.[36] Article 70 of the CESL states: Contract terms supplied by one party and not individually negotiated within the meaning of Article 7 may be invoked against the other party only if the other party was aware of them, or if the party supplying them took reasonable steps to draw the other partys attention to them, before or when the contract was concluded.[37] The CESL does however not include regulations regarding the meaning of reasonable steps in a B2B relation. Neither does the CESL include rules about the language in standard contract terms between businesses, since Article 82 CESL does only apply to B2C contracts. A further uncertainty in the CESL is Article 86: In a contract between traders, a contract term is unfair for the purposes of this Section only if: (a) it forms part of not individually negotiated terms within the meaning of Article 7; and (b) it is of such a nature that its use grossly deviates from good commercial practice, contrary to good faith and fair dealing.[38] The terms good commercial practice, good faith and fair dealing are not defined in the CESL. Providing a well-established meaning towards those terms would take years of court ruling and scientific research. The implementation of rules regarding standard contract terms in the CESL is a step in the right direction. The usage of standard contract terms is common throughout international sales. Easy and well-established rules are essential for a healthy trade environment and the acceptance of the rules. There are however too many weaknesses and uncertainties in the rules of the CESL to identify them as an improvement compared to the practice established in the CISG. Especially in B2B transactions, there are too many undefined words and phrases to make it a reliable set of rules for businesses to use. c) Defects of consent As indicated above, the Vienna Sales Convention contains rules on the formation of international commercial sales contracts. However, Article 4 CISG expressly provides that the Convention is not concerned with the validity of the contract or with the effect which the contract may have on the property in the goods sold. These matters have therefore been left to the applicable national law to regulate. However, Article 4 CISG adds that this is different in so far as is otherwise expressly provided in this Convention. The question of whether a topic has or has not been included explicitly or impliedly within the scope of CISG is, however, difficult to answer in practice and has been the subject of much litigation the prevailing view is that this must be assessed on the basis of CISG itself, and it is assumed that a topic that is not expressly regulated in CISG may nevertheless be governed by the Convention on the basis of the general principles of the Convention.[39] Defects of consent concern the validity of the contract and will therefore not be governed by CISG, unless specified otherwise. Is this indeed the case? It is generally assumed that in so far as a mistake or misrepresentation relates to the characteristics of the goods, to the creditworthiness of the buyer or the extent to which the buyer is capable of performing his obligations under the contract, these matters fall within the scope of the provisions on the conformity of the goods (Articles 35 ff CISG) and the provision regarding anticipatory breach (Article 71 CISG), which implies that resorting to the applicable national law on these matters is not necessary. [40] In that case, the uniformity that CISG is to bring about obstructs the application of a national approach towards mistake or misrepresentation in cases which concern conformity.[41] This implies that in most cases where a buyer could rely on a remedy based on mistake or misrepresentation in relation to the sale of goods under national co ntract law, he cannot rely on that remedy if CISG applies to the contract although CISG does not explicitly deal with these issues, they impliedly fall within the scope of CISG. Cases where the buyer concluded the contract under the influence of fraud or deceit is thought not to be governed by CISG,[42] even though in these cases also there is often a close connection with conformity issues. Therefore, national rules on fraud apply where a mistake has been deliberately caused by the seller so that in such cases the contract may be void or avoided. Similarly, CISG does not deal with issues such as threat, abuse of circumstances, which means that the buyer may rely on the remedies available under the applicable national contract law for these defects of consent, even where CISG applies.[43] The Common European Sales Law contains a comprehensive set of provisions on a fundamental mistake, fraud, threat and unfair exploitation (Articles 48-51 CESL). In the subsequent articles, the exercising of the power to avoid or confirm the contract and the consequences thereof are regulated (Articles 52-55 CESL). These provisions by and large overlap with national approache s in these areas, even if the requirements under CESL to invoke a remedy for, for instance, unfair exploitation may be stricter than national doctrines on abuse of circumstances. This entails that in so far as CESL applies to the contract, defects of consent are exclusively dealt with under the umbrella of CESL, and no recourse is needed or possible to the national contract law on this subject. This means that the parties to the contract will not be taken by surprise by the availability of a remedy for a defect of consent or the absence of such a remedy under the national contract law on this subject. In this respect, opting for CESL rather than CISG is certainly more attractive for both parties, as the former lays down a more comprehensive legal regime [1] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm; The signing Nations were Argentina, China, Egypt, France, Hungary, Italy, Lesotho, Syria, the United States, Yugoslavia, and Zambia. [2] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm for a complete list of all member states. [3] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html [4] Von Bar: Priciples, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference (DCFR) [5] Art. 2 lit a CISG. [6] U Magnus, CISG and CESL, p. 226. [7] Art. 1 Proposal; see also Explanatory Memorandum to the CESL, COM (2011) 635 final, p. 4. [8] Recital 25, Proposal for a Common European Sales Law. [9] Art. 7, Proposal for a Common European Sales Law. [10] Art. 13 lit. b, Proposal for a Common European Sales Law. [11] Art. 6 CISG. [12] Art. 3 Proposal for a Common European Sales Law. [13] U Magnus, CISG and CESL, p. 229. [14] Art. 6 CISG. [15] Art. 12 CISG [16] Art. 89-101 CISG, with the re-exception of Art. 100 CISG. [17] Art. 7 (1) CISG [18] Art. 8 (3) Proposal for a Common European Sales Law, this is at least true for B2C transactions. [19] Recital 24 Proposal for a Common European Sales Law. [20] Recital 30 Proposal for a Common European Sales Law. [21] U Magnus, CISG and CESL, p. 238. [22] Art. 11 Proposal for a Common European Sales Law. [23] Recital 27 Proposal for a Common European Sales Law. [24] Grundmann S, Common Market Law Review, Session 50 (2013), pp 237-240. [25] Art. 35 (1) CISG [26] Art. 35 (2) CISG [27] Art. 99,100 Proposal for a Common European Sales Law. [28] Feltkamp/Vanbossele, European Review of Private Law, Volume 19 (2011), p. 886. [29] Art. 100 (b) Proposal for a Common European Sales Law. [30] Art. 38, 39, 43 CISG; Art. 121, 122 Proposal for a Common European Sales Law. [31] Art. 18 (1) sent. 2 CISG and Art. 34 (2) CESL or Art. 19 (3) CISG and Art. 38 (2) CESL [32] LG Neubrandenburg 3 August 2005, CISG-online Nr. 1190 [33] U Magnus, CISG and CESL, p. 243. [34] Schwenzer, Inrto to Arts 14-24 CISG; Art 14 CISG [35] Art. 70 Proposal for a Common European Sales Law. [36] Mazeaud, Unfiar Terms in Contr

Tuesday, August 20, 2019

Canadian Political Structure Essay -- Canada Government

Primus inter pares ? What are the sources and the limits of the power of the Prime Minister? Primus inter pares†¦ Latin phrase meaning 'the first among equals' or 'first among peers'. The title was also used by Caesar Augustus to hide behind the fact that even though the Senate of Rome was officially governing the Roman Republic, he in practice retained his autocratic power like his predecessors had done. Which of these definitions should we take for Prime Minister of Canada? What are the powers of the Prime Minister? What are the limits to this power? We will see that the powers of the Prime Minister come from the constitution, from making nominations, from being able to call elections. We will also look at the powers that reside in the cabinet system. We will then try and look at some of the limits of this power, and describe how some of these limits can actually be cancelled or reversed Constitution When one looks at the Canadian Constitution, there does not seem to be any mention of the prime minister except for section 49 of the 1982 act which talks about a Constitutional conference that the Prime Minister will need to have with the premiers of the provinces to discuss the changes to the constitution. (White 1998, p.313) But if one looks more closely at the Act of 1867, or if one reads between the lines, one can see in the first paragraphs that it mentions â€Å"a Constitution similar in Principle to that of the United Kingdom† (White 1998, p.277) This, along with sections 11 to 14 indirectly means that Canada will have a Westminster Parliamentary System and that Canada will adopt a system with a Prime Minister and a Cabinet and a Privy Council. Britain already had many years of experience about what the prime minister’s d... ...e, Jean Chrà ©tien. Montreal: Lanctot Editeur, 2002. Levine, Allan Gerald. Scrum wars: the prime ministers and the media. Toronto: Dundurn Press, 1993. Massicotte, Louis. "L’annonce de Jean Chrà ©tien - La dà ©mission forcà ©e d’un premier ministre, les prà ©cà ©dents." le devoir, 7 avril 2010. Savoie, Donald. Governing from the center. Toronto: University of Toronto Press, 1999. —. Power: Where is it ? Montreal: McGill-Queen's University Press, 2010. Simpson, Jeffrey. The Friendly Dictatorship. Toronto: McClelland & Stewart, 2001. Spector, Norman. "prorogation jean chretien did it too." The Globe and Mail, january 9, 2010. Thomas, Paul G. "Governing from the center: Reconceptualizing the role of the PM and the Cabinet." Policy Options, dec 2003-jan 2004: 79-85. White, Walter. Introduction to Canadian Politics and Government 7th edition. Toronto: Harcourt Brace, 1998.

Monday, August 19, 2019

Macbeth Irony Essay -- essays research papers

MACBETH & DRAMATIC IRONY   Ã‚  Ã‚  Ã‚  Ã‚  The story of Macbeth written by the infamous William Shakespeare is an excellent storyline known and taught as a great piece of literature. Even after the creation of this tale almost 400 years ago, this wonderful written work is still admired and known all over the world. It is an adventure of a noble and truthful hero who is overcome by the lust for power and by greed. His aroused hunger for authority and supremacy leads to him losing his path and turning to the way of malice. The play progresses, as this character plays deeper and deeper into Satan’s evil hand. Through the growth of this malevolent character, the story grows and develops as well. Each and every move this character makes affects someone directly or indirectly, making him the centrepiece of the play. Shakespeare uses many literary devices in the play including dramatic ones to contribute to the advancement of the story and its characters. One of the most used dramatic devices in this play is dramatic irony. This mechanism predicts the events that are to occur by giving the audience a foresight of something that has not yet taken place but will eventually be fulfilled. Through the audience’s knowledge of trials and tribulations for different characters, the story becomes even more mysterious and interesting. Dramatic irony is used so often in the play that almost every major event like war and death is foretold, the theme is further developed and the audience is kept in suspense and anxiety. Such events occurred when Macbeth was crowned Thane of Cawdor, when regicide was committed against King Duncan by Macbeth, when the porter of Macbeth’s home pretended to be the gatekeeper of hell and also when Macbeth ordered his servants to kill Macduff. These parts not only grow the characters’ roles but also make the story even more exciting and leave the audience hungry for more action. They also introduce us to the themes of the play such as the deadly st rength of unbridled ambition and even differences between brutal tyranny and fair monarchy. Every one of these scenes is significant because they develop Macbeth’s character and expand the storyline and theme of the play.   Ã‚  Ã‚  Ã‚  Ã‚  Power is a very important factor of everyday life. Throughout the ages, from kings to presidents, and even before that mankind has always b... ...howed that Macbeth was no monarch but a brutal heartless tyrant.   Ã‚  Ã‚  Ã‚  Ã‚  Dramatic irony is used many times throughout the play to intensify the themes of the story. This dramatic device can be found when Macbeth was given the title thane of Cawdor, when Macbeth murdered the king, when Macbeth’s castle’s porter acted as if he was the porter of the gates of hell and also when Macbeth ordered his servants to kill Macduff. These dramatic ironies also support the themes of the play such as the deadly strength of unbridled ambition and differences between tyranny and monarchy. Through these scenes, foresight was given to the audience on events that were going to happen but it did not reveal how they would occur. This element made the story even more interesting and exhilarating by leaving the mind of spectators to imagine the events yet to occur and be surprised to see how they really occur in the play. As the character of Macbeth developed further, the story became much more fascinating and the audience was kept anxious. This is a wonderful work that is performed on stages everywhere and the name of William Shakespeare continues to be heard throughout the world.