Leading and Controlling SLP Part One Essay Example | Topics and Well Written Essays - 750 words

Leading and Controlling SLP Part One - Essay Example Bill Gates has encouraged his employees by giving them heavy salaries, incentives, bonuses and perks which is something that has inspired the people working at Microsoft over the years. Bill Gates never went the authoritative route because it was something against his personality. As far as his communication realms were concerned, he liked to convey his point of view in a sedate manner because he believed that this was the best mannerism that he could have brought forward. The authoritarian role seems to be a missing link within his character which is somewhat of a positive sign without a doubt (Fridson, 2001). Bill Gates has been a leader who has inspired others around him as well as in different corners of the world. His name has always sparked leadership of the highest value. This is the reason why he is hailed not only within the technological world but also in other industries across the board (Hyde, 2000). His personality is such that he can easily be regarded as a transformational leader, one who was able to enhance the motivation levels of the people working with him as well as under the aegis of Microsoft. He raised their morale and the performance that came along with such a positive nuance which the employees had within their entireties. As a leader, he has fulfilled his functions in a very satisfying manner. This has been showcased by the numerous decisions that he has taken over a period of time. The release of the Windows from time to time is one step that he took towards calling the shots, which was received in a very good stead by the people all over the world (Hillis, 2000). The functions of a leader have therefore been fulfilled amicably well by Bill Gates who knew that since his name meant a great deal of value, he could only use it in a positive manner all the same. The vision that Bill Gates brought forward focused a great deal on how well Microsoft as an organization was willing to move forward

Business Intergration Essay Example for Free

Business Intergration Essay New IT developments are important to all business disciplines because they trigger changes in marketing operations, e-commerce, logistics, human resources, finance, accounting, and relationships with customers and business partners. Nothing about business or corporate strategy is untouched by IT (Turban Volonino, 2011). The five elements of an IT-enabled business strategy Business strategy| * Contains the mission, vision, and objectives of the organization * States the companys market strategy * Describes the unique value proposition the company offers customers * Provides the distinct value configuration of the organization| Business expectations of IT| * Describes how the company might expect IT to contribute to the success of the * business * Possible business expectations of IT include delivering better value, reducing costs, * or improving products and services| IT strategy| * Provides information on IT applications * Describes how to develop the competencies of the people who work in IT * States how IT is to be organized and controlled within the company * Describes the technical infrastructure| IT assessment| * Aims to reveal how technology helps or hinders a business * Can include network and systems performance reviews, software audits, and * concept testing and development * Can include strategic evaluations, technical reviews, and risk management * Should recommend how to use technology to meet business goals| IT plans| * Outlines a companys long-term IT plans * Is concerned with how IT should be deployed, managed, and implemented in the * future * Should be cost effective and in line with business goals| What are the advantages of aligning business and IT strategies? There are many advantages when an organization IT strategies are aligned with the organizations business strategies. Information technology is a key business function in almost every successful organization. An effective IT strategy will enable businesses to: * Reduce cost; * Standardize processes; * Enhance productivity; * Improve risk control mechanism; * Implement new business strategies; * Facilitate organic and acquisition driven growth; * Gain competitive advantage by exploiting new technology; Other benefits of the alignment of IT and business strategy is automation, knowledge, organizational improvements, and innovation. Automation can result in increased efficiency while decreasing cost. Knowledge in IT is the ability of an organization to collect, store, process, and disseminate information. The benefit of knowledge gained from IT is cost reduction, greater efficiency, and increased revenues. IT also leads to organizational improvements which usually lead to more decentralized leadership structure which improves the overall effectiveness of the organization. Proper alignment of IT and business strategy can make an organization stand out and look different from its competitors. This alignment can provide a competitive advantage for an organization. How does IT deliver business benefits that are related to the business strategy? IT delivers business benefit by performing high-speed, high volume, and numerical computation. IT provides fast, accurate communication and collaboration unrestricted by time and location. IT gives organizations the ability to store huge amounts of information that is accessible via private networks and the internet. In addition it enables automation of routine decisions making and help facilitate complex decision making. IT also improves the ability to make informed decisions. IT also helps to facilitate collaboration, enhance customer relationships, develop new analytic capabilities, and provide feedback on performance. Reference Turban, E., Volonino, L. (2011). Information Technology for Management (8th ed.). Hoboken, NJ: John Wiley Sons, Inc..

The Birth of P-Funk: George Clinton Essay -- essays research papers

In ancient African civilizations music took precedence in all activities that the tribes participated in. There was a song for every celebration, every birth, and every death. As Africans were enslaved and moved to North America by Europeans, many customs and traditions followed with them. As their culture was stripped from them and European ideals were placed upon them, they kept song as their universal language and their link to the motherland. From early on, slave songs also known as â€Å"Negro Spirituals† were the first inclination of what could be considered African American music. These songs were largely influenced by the conversion of many Africans to Christianity, and generally held a religious overtone. As slavery came and went and those enslaved Africans settled and made this country their home. The music they made and celebrated evolved along with the culture. Gospel was one of the first of many musical styles to emerge from black communities. Developed as a religious style of music, gospel was one of the first indicators that the â€Å"black church† had formed. Out of Gospel music emerged a more secular form of music called Blues. Blues spoke of some of the same hardships that negro spirituals and gospel music, but the object was not to ask for guidance from a spiritual entity. Many other musical genres were created and shaped from the experiences of Africans living in America. Everything from: Jazz to Soul to R&B all are direct contributions from the experiences o...

Born on the Fourth of July

Born on The 4th of July is a film based on the true story of Ron Kovic, a young, naive man who went to Vietnam in the noble efforts of serving his country – once there, he was shot in the chest and was forever paralyzed. He returned to a United States which didn't believe in the war, and didn't believe in him. He soon grows embittered with life, losing his chances to be a man, condemned to a wheelchair for the rest of his life. He eventually joins the anti-war movement, gets thrown out of the Republican Convention where Richard Nixon is speaking, and finally is allowed to speak at the Democratic National Convention in 1976. The idyllic 1950's to the turbulent 1960's represented a dynamic shift in American culture. The end of World War II prompted a booming economy and the American dream of your own house with the white picket fence was born. Although the 50's were picturesque in some respect the end of WWII entrenched a deep fear of Communism. As America entered Vietnam the conservative ideals of the WWII generation clashed with the rising student and youth awareness. This movie represents a modern view of the Vietnam War era and the transformation that occurred throughout the country with varying degrees of historical accuracy. The opening scene of the movie pictures the mood of the country in the mid to late fifties. It romanticizes war with the parade scene and the kids playing army. This plays on the theme that some war is good, or at least justifiable. Kovic, the main character of the film, is a patriotic person wanting to serve his country and believing that Vietnam would be his chance. . The U. S. became polarized over the war. Many supporters of U. S. involvement argued for what was known as the domino theory, a theory that believed if one country fell to communism, then the bordering countries would be sure to fall as well, much like falling dominoes. This theory was largely held due to the fall of eastern Europe to communism and the Soviet sphere of influence following World War II. In the movie as Kovic and his friends discuss entertaining the Marines the ideas of containment and the domino theory are discussed. Kovic enlist and the Marines, where he fights on the front line of the Vietnam war. He is later shot and thus paralyzed from half of his body. Kovic spends months in a Veteran hospital in Brooklyn, NY. The conditions of this hospital are deplorable. Patients are left to lie in their own fecal matter while they are ignored and mistreated by the Doctors and Nurses. It is then that Kovic begins to see how Americans felt about the war he so proudly went into. By 1970 nearly 50,000 had already been killed and up to 200,000 wounded. Even though this number paled in comparison to the 100,000 South Vietnamese and more than 500,000 North Vietnamese who had died, many Americans thought the number far too high for the mere defense of a strip of jungle on the other side of the world. Morale had fallen to an all-time low both for the families at home and for the men in the field. Veterans’ protest groups such as the Vietnam Veterans Against the War became increasingly vocal, attacking U. S. policy after they came home. Kovic eventually joined this group emerging as a strong voice against the war. The neglect and resentment of veterans was an unfortunate social effect of the war. While after other wars, the soldiers were welcomed back with parades and open arms, the Vietnam veterans were shunned, demeaned and booed. This was accurately depicted in this movie when Kovic returns and is mistreated at the hospital, and during a Fourth of July Parade he is booded at. Since it was such an unpopular war, Americans held veterans responsible for the war, although many of them did not approve of the war either. The veterans' situation was a tough one, especially with little or no support. About 150,000 veterans came home wounded, or amputated, and at least 21,000 were permanently disabled, unable to work for the rest of their lives. Many developed illnesses after the war such as cancers liver disease and rashes, mostly due to exposure to Agent Orange. Having seen the horrors of Vietnam, many veterans were psychologically scarred. Nightmares, anxiety causing flashbacks, and fits of terror from loud noises were common behaviors reported amongst veterans. Approximately 830,000 survivors of Vietnam suffered mental and emotional disorders and showed symptoms of Post Traumatic Stress Disorder (PTSD) However many were unable to get the help they needed and deserved, because they were perceived as crazy and dangerous, and even deserving of their circumstance. Economic medical and educational aid was not made available to them right away, and many veterans felt abandoned by the country they served. In trying to deal with this situation, some veterans developed drug or alcohol habits and many felt driven to suicide. As the proud daughter of one of these Vietnam Veterans, I can tell you that this movie was difficult to watch at times. Growing up, most of my memories with my father are going to see him in the Veterans hospital. Therefore, I had the privilege of growing up around many Vietnam war Veterans. I saw firsthand the self medicating of drugs and alcohol. Many times when my sisters and I would visit my father, we never really knew who we were going to get, the fun loving father, or the drugged up father. As I got older my father slowly began to talk about his experiences in Vietnam. My father’s accounts of what happened during the war and after the war, are chilling. This movie accurately depicted many of them, as the stories my father has are not so different from many American Heroes that Served in the Vietnam War. References http://www.sparknotes.com/history/american/vietnamwar/section9.rhtml http://en.wikipedia.org/wiki/Opposition_to_the_U.S._involvement_in_the_Vietnam_War Born on the Fourth of July Born on The 4th of July is a film based on the true story of Ron Kovic, a young, naive man who went to Vietnam in the noble efforts of serving his country – once there, he was shot in the chest and was forever paralyzed. He returned to a United States which didn't believe in the war, and didn't believe in him. He soon grows embittered with life, losing his chances to be a man, condemned to a wheelchair for the rest of his life. He eventually joins the anti-war movement, gets thrown out of the Republican Convention where Richard Nixon is speaking, and finally is allowed to speak at the Democratic National Convention in 1976. The idyllic 1950's to the turbulent 1960's represented a dynamic shift in American culture. The end of World War II prompted a booming economy and the American dream of your own house with the white picket fence was born. Although the 50's were picturesque in some respect the end of WWII entrenched a deep fear of Communism. As America entered Vietnam the conservative ideals of the WWII generation clashed with the rising student and youth awareness. This movie represents a modern view of the Vietnam War era and the transformation that occurred throughout the country with varying degrees of historical accuracy. The opening scene of the movie pictures the mood of the country in the mid to late fifties. It romanticizes war with the parade scene and the kids playing army. This plays on the theme that some war is good, or at least justifiable. Kovic, the main character of the film, is a patriotic person wanting to serve his country and believing that Vietnam would be his chance. . The U. S. became polarized over the war. Many supporters of U. S. involvement argued for what was known as the domino theory, a theory that believed if one country fell to communism, then the bordering countries would be sure to fall as well, much like falling dominoes. This theory was largely held due to the fall of eastern Europe to communism and the Soviet sphere of influence following World War II. In the movie as Kovic and his friends discuss entertaining the Marines the ideas of containment and the domino theory are discussed. Kovic enlist and the Marines, where he fights on the front line of the Vietnam war. He is later shot and thus paralyzed from half of his body. Kovic spends months in a Veteran hospital in Brooklyn, NY. The conditions of this hospital are deplorable. Patients are left to lie in their own fecal matter while they are ignored and mistreated by the Doctors and Nurses. It is then that Kovic begins to see how Americans felt about the war he so proudly went into. By 1970 nearly 50,000 had already been killed and up to 200,000 wounded. Even though this number paled in comparison to the 100,000 South Vietnamese and more than 500,000 North Vietnamese who had died, many Americans thought the number far too high for the mere defense of a strip of jungle on the other side of the world. Morale had fallen to an all-time low both for the families at home and for the men in the field. Veterans’ protest groups such as the Vietnam Veterans Against the War became increasingly vocal, attacking U. S. policy after they came home. Kovic eventually joined this group emerging as a strong voice against the war. The neglect and resentment of veterans was an unfortunate social effect of the war. While after other wars, the soldiers were welcomed back with parades and open arms, the Vietnam veterans were shunned, demeaned and booed. This was accurately depicted in this movie when Kovic returns and is mistreated at the hospital, and during a Fourth of July Parade he is booded at. Since it was such an unpopular war, Americans held veterans responsible for the war, although many of them did not approve of the war either. The veterans' situation was a tough one, especially with little or no support. About 150,000 veterans came home wounded, or amputated, and at least 21,000 were permanently disabled, unable to work for the rest of their lives. Many developed illnesses after the war such as cancers liver disease and rashes, mostly due to exposure to Agent Orange. Having seen the horrors of Vietnam, many veterans were psychologically scarred. Nightmares, anxiety causing flashbacks, and fits of terror from loud noises were common behaviors reported amongst veterans. Approximately 830,000 survivors of Vietnam suffered mental and emotional disorders and showed symptoms of Post Traumatic Stress Disorder (PTSD) However many were unable to get the help they needed and deserved, because they were perceived as crazy and dangerous, and even deserving of their circumstance. Economic medical and educational aid was not made available to them right away, and many veterans felt abandoned by the country they served. In trying to deal with this situation, some veterans developed drug or alcohol habits and many felt driven to suicide. As the proud daughter of one of these Vietnam Veterans, I can tell you that this movie was difficult to watch at times. Growing up, most of my memories with my father are going to see him in the Veterans hospital. Therefore, I had the privilege of growing up around many Vietnam war Veterans. I saw firsthand the self medicating of drugs and alcohol. Many times when my sisters and I would visit my father, we never really knew who we were going to get, the fun loving father, or the drugged up father. As I got older my father slowly began to talk about his experiences in Vietnam. My father’s accounts of what happened during the war and after the war, are chilling. This movie accurately depicted many of them, as the stories my father has are not so different from many American Heroes that Served in the Vietnam War. References http://www.sparknotes.com/history/american/vietnamwar/section9.rhtml http://en.wikipedia.org/wiki/Opposition_to_the_U.S._involvement_in_the_Vietnam_War

Explanation of various types of fixed price

Fixed price contracts have a preset price that the vendor must adhere to in performing the work and in providing materials. There are different types of fixed price contracts. Explain them. [Explanation of various types of fixed price contracts] 2. Direct contracting is another procurement method that is used under a limited number of exceptional circumstances. Explain the conditions for adopting direct contracting, requirements and steps for direct contracting Conditions for adopting direct contracting Requirements for direct contracting and Steps for direct contracting] 3.Write short notes on Cost Plus Fee Contracts. [Explanation of Cost Plus Fee Contracts Features Conditions for adopting Advantages and disadvantages] 4. The methods of selecting a consultant are designed to achieve the objectives of quality, efficiency, fairness and transparency in the selection process and to encourage competition. Discuss any 2 methods of selecting consultants. [Explanation of any 2 of the method s With Where it is appropriate Type of assignments for which this method of selection is adopted] 5.The contract intro process commences right at the beginning stage of bid document preparation inviting contractors to bid, and proceeds through the contract negotiation, contractor selection, monitoring and controlling of the contractor's work and terminating the contract. Explain the areas that need attention for effective control of the contracts in a project [Core competence of the project manager Requirements of the working system Use of Work Breakdown Structure Recognizing the limitations with flexibility] 6. Explain the need of Procurement law and what are its objectives? [Explain the need of Procurement law List the Objectives]

The way it is done.

The way it is done. Learning is something in my nature. Since the beginning of my life I have observed and learned all sorts of things by being naturally inclined to know what is going on due to pure curiosity and logical comprehension. Now, I have come to the point in my life where I need to discover my personal learning style. I have my own personal way of thinking and learning things based on criteria such as the mood I'm in, the time of day it is, or even what subject I am studying. These kinds of specific details make up what is called a learning profile.My old way of learning did not support my learning profile because it consisted of being in a remotely quiet environment with or without a study group. I simply started gathering my notes on a particular subject and studied them. This required absolute peace and quiet and I did not want to be disturbed.Learning the Hard WayI could break my concentration easily from the slightest distraction and this would cause me to lose focus momentarily. If I lo st focus too many times I would just lose interest in the assignment entirely, for that period of time, which only set me back from completing it. I feel that, after researching Peak Learning, I have come to the point where I can determine what type of a learner and thinker I am.I am a grouper. I bring together a lot of different information based on one topic and bring it all together to form a process of completion. I can concentrate while activities are going on around me, but I cannot focus on what I am studying if there is a conversation going on in front of me. I can study in well-lit area or I can sit in...

Legalization Oof Marijuana

Legalization Oof Marijuana Legalization of Marijuana The use of marijuana is legal today for medicine purposes. However, when California Proposition 215 was proposed in 1996, it caught the attention of the general public and became a major issue. There were supporters and, of course, opponents of this Proposition.Many doctors said that marijuana is helpful in treatment of AIDS, glaucoma, arthritis, migraine headaches, multiple sclerosis and spasticity. Besides the above, use of marijuana also relieves the pain that cancer causes and relieves the nausea that is associated with chemotherapy that the patients have to undergo. Supporters of the proposition know that marijuana is not a risk free drug. However, they believe the doctors would weigh the benefits and risks against each other before prescribing it to patients. The main argument favoring this proposition is that marijuana relieves the pain of patients suffering from cancer and AIDS. Supporters believe that it is a humane act in passing proposition 215 to help these patients that are in great pain.English: Man holding a California state-issued car...

General Philip Kearny in the Civil War

General Philip Kearny in the Civil War Major General Philip Kearny, Jr. was a renowned soldier who saw service with US and French Armies. A native of New Jersey, he distinguished himself in the Mexican-American War where he lost his left arm and later served in Emperor Napoleon IIIs forces during the Second War of Italian Independence. Returning to the United States after the outbreak of the Civil War, Kearny quickly gained a position of prominence in the Army of the Potomac. A tenacious fighter who relentlessly trained his men, he earned the nickname One-Armed Devil from the Confederates. Kearnys career ended on September 1, 1862, when his was killed leading his men at the  Battle of Chantilly. Early Life Born June 2, 1815, Philip Kearny, Jr. was the son of Philip Kearny, Sr. and Susan Watts. Leading one of New York Citys richest families, the Harvard-educated Kearny, Sr. had made his fortune as a financier. The familys situation was bolstered by the immense wealth of Susan Watts father, John Watts, who had served as New York Citys last Royal Recorder in the years before the American Revolution. Raised on the familys estates in New York and New Jersey, the younger Kearny lost his mother when he was seven. Known as a stubborn and temperamental child, he showed a gift for horsemanship and was an expert rider by age eight. As patriarch of the family, Kearnys grandfather soon took responsibility for his upbringing. Increasingly impressed with his uncles, Stephen W. Kearny, military career, the young Kearny expressed a desire to enter the military. Into the Army These ambitions were blocked by his grandfather who desired that he pursue a career in law. As a result, Kearny was compelled to attend Columbia College. Graduating in 1833, he embarked on a tour of Europe with his cousin John Watts De Peyser. Arriving back in New York, he joined the law firm of Peter Augustus Jay. In 1836, Watts died and left the bulk of his fortune to his grandson. Freed from his grandfathers constraints, Kearny sought assistance from his uncle and Major General Winfield Scott in obtaining a commission in the US Army. This proved successful and his received a lieutenants commission in his uncles regiment, the 1st US Dragoons. Reporting to Fort Leavenworth, Kearny aided in protecting pioneers on the frontier and later served as an aide-de-camp to Brigadier General Henry Atkinson. Kearny le Magnifique In 1839, Kearny accepted an assignment to France to study cavalry tactics at Saumur. Joining the Duke of Orleans expeditionary force to Algiers, he rode with the Chasseurs dAfrique. Taking part in several actions during the campaign, he rode into battle in the style of the Chasseurs with a pistol in one hand, a saber in the other, and the reins of his horse in his teeth. Impressing his French comrades, he earned the nickname Kearny le Magnifique. Returning to the United States in 1840, Kearny found that his father was terminally ill. Following his death later that year, Kearnys personal fortune again expanded. After publishing Applied Cavalry Tactics Illustrated in the French Campaign, he became a staff officer in Washington, DC and served under several influential officers, including Scott. Boredom In 1841, Kearny married Diana Bullitt whom he had met earlier while serving in Missouri. Increasingly unhappy as a staff officer, his temper began to return and his superiors reassigned him to the frontier. Leaving Diana in Washington, he returned to Fort Leavenworth in 1844. The next two years saw him become increasingly bored with army life and in 1846 he decided to leave the service. Putting in his resignation, Kearny quickly withdrew it with the outbreak of the Mexican-American War in May. Mexican-American War Kearny was soon directed to raise a company of cavalry for the 1st Dragoons and was promoted to captain in December. Based at Terre Haute, IN, he quickly filled the ranks of his unit and used his personal fortune to purchase it matching dapple gray horses. Initially sent to the Rio Grande, Kearnys company was later directed to join Scott during the campaign against Veracruz. Attached to Scotts headquarters, Kearnys men served as the generals bodyguard. Unhappy with this assignment, Kearny prophetically lamented, Honors are not won at headquarters...I would give my arm for a brevet (promotion). As the army advanced inland and won key victories at Cerro Gordo and Contreras, Kearny saw little action. Finally on August 20, 1847, Kearny received orders to take his command to join Brigadier General William Harneys cavalry during the Battle of Churubusco. Attacking with his company, Kearny charged forward. In the course of the fighting, he received a severe wound to his left arm which required its amputation. For his gallant efforts, he was given a brevet promotion to major. Frustration Returning to New York after the war, Kearny was treated as a hero. Taking over the US Army recruiting efforts in the city, his relationship with Diana, which had long been strained, ended when she left him in 1849. Having adjusted to life with one arm, Kearny began to complain that his efforts in Mexico had never been fully rewarded and that he was being ignored by the service due to his disability. In 1851, Kearny received orders for California. Arriving on the West Coast, he took part in the 1851 campaign against the Rogue River tribe in Oregon. Though this was successful, Kearnys constant complaining about his superiors along with the US Armys slow promotion system led to him resigning that October. Back to France Leaving on an around-the-world trip, which took him to China and Ceylon, Kearny finally settled in Paris. While there, he met and fell in love with New Yorker Agnes Maxwell. The two openly lived together in the city while Diana became increasingly embarrassed back in New York. Returning to the United States, Kearny sought a formal divorce from his estranged wife. This was refused in 1854 and Kearny and Agnes took up residence at his estate, Bellegrove, in New Jersey. In 1858, Diana finally relented which opened the way for Kearny and Agnes to marry. The following year, bored with country life, Kearny returned to France and entered the service of Napoleon III. Serving in the cavalry, he took part in the Battles of Magenta and Solferino. For his efforts, he became the first American to be awarded the Là ©gion dhonneur. The Civil War Begins Remaining in France into 1861, Kearny returned to the United States following the outbreak of the Civil War. Arriving in Washington, Kearnys initial attempts to join the Union service were rebuffed as many remembered his difficult nature and the scandal surrounding his second marriage. Returning to Bellegrove, he was offered command of the New Jersey Brigade by state officials in July. Commissioned a brigadier general, Kearny joined his men who were encamped outside Alexandria, VA. Stunned by the units lack of preparation for battle, he quickly commenced a rigorous training regime as well as used some of his own money to ensure that they were well-equipped and fed. Part of the Army of the Potomac, Kearny became frustrated by a lack of movement on the part of its commander, Major General George B. McClellan. This culminated in Kearny publishing a series of letters which severely criticized the commander. Into Battle Though his actions greatly angered the army leadership, they endeared Kearny to his men. Finally in early 1862, the army began moving south as part of the Peninsula Campaign. On April 30, Kearny was promoted to command the 3rd Division of Major General Samuel P. Heintzelmans III Corps. During the Battle of Williamsburg on May 5, he distinguished himself when he personally led his men forward. Riding ahead with a sword in his hand and his reins in his teeth, Kearny rallied his men yelling, Dont worry, men, theyll all be firing at me! Ably leading his division throughout the doomed campaign, Kearny began to earn the respect of both the men in the ranks and the leadership in Washington. Following the Battle of Malvern Hill on July 1, which ended the campaign, Kearny formally protested McClellans orders to continue withdrawing and advocated for a strike on Richmond. One-Armed Devil Feared by the Confederates, who referred to him as the One-Armed Devil, Kearny was promoted to major general later in July. That summer Kearny also directed that his men wear a patch of red cloth on their caps so that they could rapidly identify each other on the battlefield. This soon evolved into an army-wide system of insignias. With President Abraham Lincoln tiring of McClellans cautious nature, the aggressive Kearnys name began to surface as a potential replacement. Leading his division north, Kearny joined in the campaign that would culminate with the Second Battle of Manassas. With the beginning of the engagement, Kearnys men occupied a position on the Union right on August 29. Enduring heavy fighting, his division almost broke through the Confederate line. The next day, the Union position collapsed following a massive flank attack by Major General James Longstreet. As Union forces began fleeing the field, Kearnys division was one of the few formations to stay composed and helped cover the retreat. Chantilly On September 1, Union forces became engaged with elements of Major General Thomas Stonewall Jacksons command at the Battle of Chantilly. Learning of the fighting, Kearny marched his division to the scene to reinforce Union forces. Arriving, he immediately began preparing to assault the Confederates. As his men advanced, Kearny rode forward to investigate a gap in the Union line despite his aide urging caution. In response to this warning he allegedly replied, The Rebel bullet that can kill me has not yet been molded. Encountering Confederate troops, he ignored their demand to surrender and attempted to ride away. The Confederates promptly opened fire and one bullet pierced the base of his spine and instantly killed him. Arriving on the scene, Confederate Major General A.P. Hill exclaimed, Youve killed Phil Kearny, he deserved a better fate than to die in the mud. The next day, Kearnys body was returned under a flag of truce to the Union lines accompanied by a letter of condolence from General Robert E. Lee. Embalmed in Washington, Kearnys remains were taken to Bellegrove where they laid in state before being interred in the family crypt at Trinity Church in New York City. In 1912, following a drive led by New Jersey Brigade veteran and Medal of Honor winner Charles F. Hopkins, Kearnys remains were moved to Arlington National Cemetery.

Medical Marijuana and the impact on hiring and drug testing Essay - 1

Medical Marijuana and the impact on hiring and drug testing - Essay Example With increased medical marijuana legalization, questions are propping up as to how this would affect the workplace bearing in mind that most of those who consume it are worker. Most especially, human resource managers are concerned as to how the law would impact on the employment hiring process. The complexity of the matter is increased by the fact that those allowed to use marijuana for medical purposes also have a disability which is protected under the Americans with Disabilities Act and by the Civil Rights Act. Failing to hire such individuals in such states could be considered as a form of discrimination but employers get reprieve in that the Federal law does not offer protection for such cases. As such the issue is very complex needing careful consideration by employers especially in formulation of their zero-tolerance policies or maintaing a drug-free workplace. This essay will present the views of human resource managers on how medical marijuana impacts on employment hiring p rocess. The two human resource managers whose views will be presented here are Mr. Xi Zhao of Uterpy Music Company and Mr. YiChao Wan of Lucky Garden Chinese Restaurant. Uterpy Music company is headquartered in Boston, Massachusetts one of the states that legalized medical marijuana in 2012. It is a social media company (Internet industry) and the largest social website for people who love music. It aids musicians with networking; collaborating and also getting noticed (Uterpy.com). Lucky Garden Restaurant in the hospitality industry is located in Melbourne, Florida whose medical marijuana bill became law in June, 2014 after being signed by Governor Rick Scott. The company offers catering services and provides wide array of Chinese dishes. The two human resource managers were interviewed using a questionnaire containing wide range of questions as to how the law impacts on

CRIMINAL JUSTICE SYSTEM Term Paper Example | Topics and Well Written Essays - 2000 words

CRIMINAL JUSTICE SYSTEM - Term Paper Example The Latinos are of Spanish origin and are immigrants while the African Americans originated from slavery. As a result of the mixed races, there are a lot of allegations of racism in all aspects of the lives of the Americans. Racial discrimination in the criminal justice system is therefore apparent and has been blamed for the rising number of young black males in prison and jails as compared to their white counterparts. For example, by 2002 10.4% of black males ages 25-29 were in prison and more than one in every four black men are expected to be incarcerated in state or federal prison at some point in their life time (Rennison, 2003). The same report indicates that 45% of all inmates at the end of 2002 were black, 34% white and 18% Hispanic. According to Bonczar & Allen (1997), the likelihood of incarceration is related to race. The likelihood is higher for African Americans with 16.2% compared to the whites whose likelihood is 2.5%. This shows the extent of discrimination that exis ts in the American judicial system. However, it is difficult to proof the existence of racial discrimination as it may occur during police arrests or during judicial process. There are also various factors that determine who is involved in crime which affects the rate of crime for different racial and ethnic groups. Some may get involved in crime for personal gains and to reduce pain caused by inequalities and other factors, some engage in crime due to sociological, psychological and biological factors, substance abuse among others hence commit different offenses which are dealt with differently depending on severity of harm caused. However, since the colonial times during slavery, the blacks tend to be given stiffer penalties as compared to the whites due to laws in place such as Jim crow laws and laws to curb war on drugs which prescribe severe punishment for the blacks who are involved in crack drugs rather that powder drugs which are specialty of the whites (Siegel, 2009). The p aper will explore the reasons why black men age 25-29 are so much likely in jail as compared to people of white or Latino descent. Factors Associated with who Gets Involved in Crime There are many theories that try to explain why people engage in criminal behavior and the kind of punishment they deserve for such acts. The strain theory indicates that people engage in crime to reduce or run away from stressful situations (Banks, 2004). The black people are associated with low socio- economic status; their standards of living are poor, lack employment, low income and poverty and lack social status or respect from the middle class and the rich whites. As a result, the black people especially the young who are unemployed engage in criminal behavior such as violence, assault, and robbery to ascertain their position in society. This helps them to accomplish their goal of gaining respect. They also desire to be rich so as to be equal with their white counterparts hence engage in crime. The young black men are also prone to childhood neglect and abuse hence turn to crime to cope with stressful situations. For example, they can engage in violent behavior to avert anger. The classical theorists on the other hand argue that people engage in criminal acts at free will. According to Siegel (2009), individuals are rational and always act to maximize pleasure and reduce pain. If the suspects perceive that the gains from crime are more than the cost or punishment, they would act rationally and hence commit crime. The black young men have more to gain from crime than their fellow whites. Due to racial disparities, the blacks are considered inferior and unintelligent hence lack respect from the

No Smoking Legislation Essay Example | Topics and Well Written Essays - 2000 words

No Smoking Legislation - Essay Example The designated locations for the display have similar characteristics, they all holds large number of persons. The legislation has some exceptions to particular business premises; the law allows the businesses to designate or allocate enclosed regions where their customers can smoke. No smoking legislation is effective in reducing health problems in the population (Ahn, 2012). Different countries globally have adopted the legislation after carrying out researches. There has been evident change in terms of health as a result of the ban; cases related with both active and passive smoking drastically reduced. Personally, I support the ban or no smoking legislation, with the bar it has reduced the number of children admitted as result of asthmatic attacks in hospital at both United States and United Kingdom (Carter, 2012). Children are the most victims of passive smoking in the society, hence, ban in public smoking will be an initiative to safeguard children’s and passive smokerâ €™s health. Statistics shows that before the ban, the percentage of children being admitted due to serious asthma attacks were increasing by 2.2% each year in United States. After the implementation of the no smoking legislation, the percentage of children admission accordingly to asthmatic attack reduced by 12.3% and there is further reduction by 3% annually. Other research conducted in Scotland and china had similar outcome, reflecting in the reduction of public health problem because of passive or active smoking. Therefore, on personal perspective, the ban on public smoking should continue to be implemented (Carter, 2012). Past and Current Cases Related To Ban There have been many cases that evolved after execution of no smoking in public policy, which are both positive and negative. On the past cases, after public ban, there was court petition at Ohio to stop implementation of the law. People who filed the petition were citizens and other business personalities. For the busi ness owners, they filled their petition citing that the law was invading on the business property rights, hence affecting their ability to generate income (Ahn, 2012). Citizen filed petition on the ground that it affect their personal life, thus citing that the law should either be amended or abolished. After implementation of the law, there has been imposition of fine to the public and private premises that violates the act. Many businesses have been taken to court after failing to abide to the law. In some of the past cases where bars at Ohio failed to respect laws; bars did not have posters on No smoking and it allowed its citizens to smoke in public. The magistrate fined the bars showing examples to other business to abide to the provided decree. After the attainment of ban in several parts globally, countries have gone further to abolish or prohibits advertisement of tobacco product. Some countries prohibited Tobacco Company to sponsor any sporting events. The ban of sponsorshi p and advertisement in the European Union (EU) in the year 2005 impelled formula one management to find other ways, which allows display of the livery or racing color of tobacco sponsorship (Gilleskie & Strumpf, 2000). These later led to some of the scheduled races to be cancelled in the

Questions Chapter 5 & Chapter 6 Assignment Example | Topics and Well Written Essays - 1500 words

Questions Chapter 5 & Chapter 6 - Assignment Example The companies would adopt globalization strategies when seeking to strengthen their position in the global market by increasing their market share and brand awareness. The process of a firm going global begins with export-import activity, then minimal change in operation or management, then direct overseas investment to be followed by the most involved phase of substantially increasing foreign investment. Therefore, companies globalize so as to benefit from technologies and industries from abroad. These reasons have been categorized as proactive or reactive or both by Pearce and Robinson (2012). Proactive reasons for globalization are the reasons that a company initiates and later on followed by other players in the industry. These reasons include search for additional resources, economies of scale, power and prestige, synergy, attraction by incentives, need for new and expanded markets, protection of home market and to exploit firm-specific advantages. On the other hand, companies c ould be driven by reactive reasons to globalize where a trend set by a competitor would be adopted. The reactive reasons for firms going global include trade barriers, international customer demand, international competition, chance and regulation. In spite of both reasons being practiced in the modern business environment, proactive reasons have been noted to yield more beneficial long-term returns. ... As such, plans to be adopted by the overseas markets would be developed at the home office using procedures and polices similar to those employed in the domestic market. Such firms would therefore have an international division or export department. When the culture of the country where strategy would be implemented dominates the decision making process, a polycentric orientation would be said to have applied. The domineering philosophy would be that the local techniques and personnel would be best suited to deal with the local market. Therefore, each subsidiary established in the overseas markets would operate independently with its own strategies. Thirdly, a regiocentric orientation perceives each region as a different market. It applies where the parent company attempts to blend its predispositions together with those of the region where the strategy would be implemented so as to reach a region-sensitive compromise. Objectives would be negotiated between the headquarters and the r egional headquarters and also between this regional headquarters and its subsidiaries. Finally, a geocentric orientation would adopt an approach of global systems in the process of decision making with the aim of achieving global integration. This perception of the entire world as one market enhances the development of standardized strategies that would project a uniform image for the products of the company and the company itself. 7.) Explain the control problems that are faced by global firms. One of the major problems facing global firms would be the fact that the adopted financial policies aim at furthering the goals and objectives of the

CMG490 MOD 5 CA Essay Example | Topics and Well Written Essays - 1500 words

CMG490 MOD 5 CA - Essay Example Disadvantages of this CMS also can push the company out of business. A contract management system should function for retrieving and tracking of any information relevant to contracts. Security concerns of Company about this CMS are also severe. Edward is still missing best services of CMS in the market. It cannot locate any record in the system. CSM is a holistic approach for the security and data redundancy. IT management systems are important for both client and management even a client does not have sufficient knowledge about these systems. USDA Rural Development in New York signs a contract with an EPA certified to control the Lead Hazard control system. Projectmate is more commonly used software as contract management software by clients. SWOT analysis of Projectmate supports the developer to see the potential risks of the construction. The Projectmate is web based and can be accessed by the outsiders who are irrelevant of the system. Cost and Time aspects of the Projectmate pro vide more opportunities to manager to attract more clients. BuildTool is software similar to functions for Projectmate in the market This paper addresses the different aspects of the contracts and contract management systems. Contract will be defined from different point of views, and its management for the organizations. Life cycle management of a contract is essential for the involving parties in a contract. After establishing the importance of the CLM, the trial process of a crime is the part of this study that will point out the important stages of a criminal trial process. A Contract management system is a system that has been optimized for the storage and management of contractual agreements in documented forms. CMS is beyond the simple document in that contract management and in most cases overlap with vendor management systems (Betz, 407). In the modern day context, contracts are considered to

Questions Chapter 5 & Chapter 6 Assignment Example | Topics and Well Written Essays - 1500 words

Questions Chapter 5 & Chapter 6 - Assignment Example The companies would adopt globalization strategies when seeking to strengthen their position in the global market by increasing their market share and brand awareness. The process of a firm going global begins with export-import activity, then minimal change in operation or management, then direct overseas investment to be followed by the most involved phase of substantially increasing foreign investment. Therefore, companies globalize so as to benefit from technologies and industries from abroad. These reasons have been categorized as proactive or reactive or both by Pearce and Robinson (2012). Proactive reasons for globalization are the reasons that a company initiates and later on followed by other players in the industry. These reasons include search for additional resources, economies of scale, power and prestige, synergy, attraction by incentives, need for new and expanded markets, protection of home market and to exploit firm-specific advantages. On the other hand, companies c ould be driven by reactive reasons to globalize where a trend set by a competitor would be adopted. The reactive reasons for firms going global include trade barriers, international customer demand, international competition, chance and regulation. In spite of both reasons being practiced in the modern business environment, proactive reasons have been noted to yield more beneficial long-term returns. ... As such, plans to be adopted by the overseas markets would be developed at the home office using procedures and polices similar to those employed in the domestic market. Such firms would therefore have an international division or export department. When the culture of the country where strategy would be implemented dominates the decision making process, a polycentric orientation would be said to have applied. The domineering philosophy would be that the local techniques and personnel would be best suited to deal with the local market. Therefore, each subsidiary established in the overseas markets would operate independently with its own strategies. Thirdly, a regiocentric orientation perceives each region as a different market. It applies where the parent company attempts to blend its predispositions together with those of the region where the strategy would be implemented so as to reach a region-sensitive compromise. Objectives would be negotiated between the headquarters and the r egional headquarters and also between this regional headquarters and its subsidiaries. Finally, a geocentric orientation would adopt an approach of global systems in the process of decision making with the aim of achieving global integration. This perception of the entire world as one market enhances the development of standardized strategies that would project a uniform image for the products of the company and the company itself. 7.) Explain the control problems that are faced by global firms. One of the major problems facing global firms would be the fact that the adopted financial policies aim at furthering the goals and objectives of the

Studying Abroad Essay Example | Topics and Well Written Essays - 250 words

Studying Abroad - Essay Example g number of students spending semesters in other countries."Safety and security of the students is obviously the top priority for all programs," says Brian Whalen, president of the Forum on Education Abroad, a non-profit group for study-abroad providers. When deaths do occur, "thats tragic," he says. (USA TODAY 3) Everyone has different experiences and reasons for studying abroad. Â  Some students will study abroad to discover a new career path or to look good in a job interview, while other might want to gain interpersonal skills. Students are choosing to study abroad and take on the major challenge of being immersed in one’s culture. According to the Unesco’s Institute for Statistics, they’ve found that the number of study abroad students worldwide will keep increasing every year by about 12 percent. This growth fosters and showcases the curiosity of cultural encounters and growth in the knowledge through cross-cultural experiences.( http://thecollegetourist.com On April 22,

United States Constitution Essay Example for Free

United States Constitution Essay In May 1787, the oldest federal Constitution was framed by a gathering of the 12 State delegates. The four-month convention was headed by George Washington that eventually resulted to the drafting of the first federal constitution. The said Constitution went into effect on the first Wednesday in March 1789. First Amendment of the United States Constitution â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. † The First Amendment freedoms are largely in threat when the administration seeks to justify its laws, or control thought for that unacceptable end. The freedom to think is the foundation of freedom, and speech must be guarded from the government since speech is the foundation of thought. In the earlier jurisprudence of Whitney v. California, 274 U. S. 357 (1927), United States Supreme Court Justice Louis D. Brandeis wrote in his decision that â€Å"Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. † The citizens of the country shall not be abridged or divested of their right to speak, right to write, or the right to publish their opinions; and the liberty of the press, as one of the massive barricades of freedom, shall not be violated. More than the constitutional safeguard, the First Amendment is one of the country’s primary cultural and normative symbols. It reflects very important features of the American character and is the foundation of the country’s independence. Fourth Amendment of the United States Constitution â€Å"The right of the people to b secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. † The right is maintained sacred and inexpressible in all occurrences where it has not been abridged or taken away by some public law for the good of all. Every incursion of private property, be it ever so slight, is considered a trespass. It is a fundamental rule in our justice system today that no person can set foot upon another person’s ground without the latter’s authorization; otherwise he will be liable to the encroachment though the harm be nothing (U. S. Government Printing Office, n. d. , p. 1287). Individuals who have had their privacy invaded or have been unlawfully arrested will generally have a tort action on hand under common or State statutory law. It is therefore advisable that police officers must, whenever possible, acquire advance judicial authorization of searches and seizures through a procedure of warrant. On the other hand a police officers performing under colour of state law who infringe an individual’s Fourth Amendment rights are subject to a legal complaint for damages and other remedies in federal courts under a civil rights statute. However, police officers have existing accustomed common-law justifications, most significant of which is the allegation of good faith. Fifth Amendment of the United States Constitution â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. † All people are extended with the protection of indictment by grand jury except those serving in the armed forces. Regular armed forces personnel are subject to court martial instead of trial by jury or grand jury indictment. A person can be tried only upon the indictment as established by the grand jury, and particularly upon the indictment’s language established in the instrument’s charging part. Primary function of grand juries is their investigative role, which is presented generally through the summons they served the witnesses and requiring the latter the production of evidence and testimony (Find Law, 2008, n. p. ). Conversely the constitutional prohibition against double jeopardy is intended to safeguard a person from being placed to the exposures of trial and potential conviction more than once for an alleged crime. The State with all its power and resources should not be tolerated to make repeated efforts to convict an individual for an alleged offence, thereby exposing him to shame, ordeal and expense and requiring him to live in a continuing condition of insecurity and anxiety as well as increasing the potentiality that even though innocent he may be declared guilty. Self-incrimination is rooted on the maxim â€Å"nemo tenetur seipsum accusare,† or simply means that â€Å"no man is bound to accuse himself† (Find Law, 2008, n. p. ). The privilege was designed to safeguard the innocent and to promote the search for truth. The exclusive concern of the right against self-incrimination is with the risk to a witness compelled to offer testimony leading to the infliction of punishments attached to the criminal acts. Finally, property which is owned privately shall not be taken by the government for a public use without just compensation. It was intended to prevent Government from forcing some people to single-handedly put up with public burdens which, in all justice and fairness, should be borne by the whole public. Sixth Amendment of the United States Constitution â€Å"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. † This guarantee can be attributed to the upholding of the rights of and prevention of injuries to both society and defendants. The provision is a significant protection to deter oppressive and undue imprisonment previous to trial, to reduce concern and anxiety accompanying public accusation and to minimize the potentiality that long postponement will weaken the capacity of an accused to protect himself. The right of an accused to confront the witnesses against him is to avoid depositions of ex parte affidavits being employed against the accused in lieu of a cross-examination and personal examination of the witness in which the accused has a chance of testing and straining the conscience and recollection of the witness. The confrontation would also oblige the witness to stand in person with the jury in order that the latter may look at the witness, and evaluate the witness’ conduct upon the manner and the stand in which the testimony is offered. The provision which affords the defendant the right to legal process is designed to compel witnesses to appear during the trial. The right to present the statement of witnesses, and to require their attendance, if essential, is in simple terms the right to present a defence, the right to present each of the defendant and prosecution’s side of the facts to the jury so it may make a decision where the truth lies. Fourteenth Amendment of the United States Constitution â€Å"Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. † Section one prevents the United States Government from expatriating United States citizens against their will. Once citizenship is acquired, it cannot be diluted, cancelled, or shifted at the will of the States, the Federal Government, or any other government unit. However, citizens of the United States within the implication of the provision must be natural persons and not artificial persons as the latter is a corporate body which is not a citizen of the country. Section two creates rules for the allocation of Representatives in Congress to States, necessarily counting all inhabitants for apportionment and decreasing apportionment if a state wrongfully disallows a person his right to vote. Nevertheless, the provision calling for the House representation’s proportional decreases for States that disallowed men 21 and older the right to vote was by no means implemented, notwithstanding the fact that Southern States prevented several Blacks from voting before the passage in 1965 of the Voting Rights Act. Section two was the consequential settlement as it placed Southern States to a choice; that is enfranchise Black voters or lose representation in congress. The said section presents a special remedy of reducing representation in order to alleviate a particular form of electoral exploitation of disenfranchisement of Blacks. Section three avoids the appointment or election to any State or federal office of any person who had assumed any of certain offices and thereafter engaged in treason, insurrection, or rebellion. Nevertheless, a two-thirds vote by Congress can reverse the said restriction. On the other hand Section four validated that neither the United States or any other State would compensate damages for the loss of slaves, or amount outstanding that had been incurred by the Confederacy. Conclusion The United States Constitution has been amended to incorporate a list of rights collectively identified as the Bill of Rights. The Bill of Rights plays an essential role in American government and law, and remains a central symbol of the culture and freedoms of the nation. Clearly, the United States Constitution is designed to safeguard the country’s administration of justice and every citizen’s fundamental securities. Reference Find Law. (2008). Indictment by Grand Jury. Retrieved September 5, 2008, from http://caselaw. lp. findlaw. com/data/constitution/amendment05/01. html#1 Find Law. (2008). Self-Incrimination. Retrieved September 5, 2008, from http://caselaw. lp. findlaw. com/data/constitution/amendment05/07. html#1 U. S. Government Printing Office. (n. d. ). Fourth Amendment. Retrieved September 5, 2008, from www. gpoaccess. gov/constitution/pdf2002/022. pdf

What is cybersquatting?

What is cybersquatting? 1. Definition Cybersquatting is defined as The registering of a domain name on the Internet in the hope of selling or licensing it at a profit to a person or entity who wishes to use it. If the domain name is identical or confusingly similar to a trademark used by that person or entity, the owner of the trademark has a cause of action against whoever registered and is holding on to the name. Also called cyber piracy, domain name grabbing, and domain name piracy. We can distinguish different types of cybersquatting like: Typosquatting, also called URL hijacking, which relies on mistakes such as typographical errors made by Internet users when inputting a website address into a web browser. Should a user accidentally enter an incorrect website address, they may be led to an alternative website owned by a cybersquatter. For example: www.mbank.pl this is a web page of the biggest internet bank in Poland, however when you type it with com at the end , the link with lead you to the another private bank. It is only one of the example because typosquatting take into consideration as well following mistakes: A different top-level domain: mbank.org A misspelling based on typing errors: bank.com A differently phrased domain name: mbanks.com Domain Parking/Name-jacking- Purchasing a domain name as a second-level domain name. This allows the purchaser to capitalize on any searches for that name. Domain Tasting: getting domains for a five-day free refund period to test, then dropping for refund the ones that did not pan out. 2. Background First time when the cybersquatting term was used was in USA in early 90ties. It was the time when Internet babble exploded. Various individuals and organization could join in common network and share information. The Internet allows many user stimustanualy connect and exchange big amount of date- like images, sounds by going to different web pages or web sites. There was and still is huge marketing and sales potential in Internet unfortunately at this time not everybody could see it from the being. Long before many large companies realized the massive volume of traffic that the Internet could bring to their business, cybersquatters paid for and registered domain names using the trademarks of several prominent businesses. Note: Network Solutions, Inc. (NSI) domain registration organ does not make a determination about a registrants right to use a domain name. What NSI requires is to providedin written form following statements: The domain applicants statements are true and the applicant has the right to use the requested domain name; The use or registration of the domain name . . . does not interfere with or infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name or any other intellectual property right; and The applicant is not seeking to use the domain name for any unlawful purpose, including unfair competition. Despite of such a protection many companies like Frys Electronics, Panasonic, Avon and Hertz became victims of cybersquatting, because when these companies realized that the internet was the next big marketing tool, they went online to find that their company names had already been taken by these cybersquatters. It was the case with Panavision Company, which in 1995 tried to register their trademark as corporate domain and they found out that Mr. Toeppen is already the owner of such domain. Panavision holds registered trademarks to two names: Panavision and Panaflex, which promote main company activity, that is motion pictures camera equipments. While, Mr. Toeppen under Panavision.com were displaying photographs of the City of Pana, Illinois. On December 20, 1995, Panavisions counsel sent a letter to Toeppen informing him that Panavision held a trademark in the name Panavision and telling him to stop using that trademark and the domain name as it was illegal action. Toeppen responded by mail to Panavision, stating that he had the right to use the name on the Internet as his domain name. However he presented the offer to Panavison which state that he is willing to resale domain for $13, 000. Additionally, Toeppen stated that if Panavision agreed to his offer, he would not acquire any other Internet addresses which are alleged by Panavision Corporation to be its property. Panavision rejected Toeppen proposition. In exchange Toeppen registered in NSI another Panavision trademark Panaflex. The content of the web page contained only one word Hello. Panavision decided to take the case to the court (Central District of California) accusing Toeppen for: Federal dilution of trademark; State dilution of trademark; Federal trademark infringement; Federal unfair competition; Unfair competition; Intentional interference with prospective economic advantage; Negligent interference with prospective economic advantage; and Breach of contract. Meanwhile NSI putted both domains on hold, waiting for the outcome of this litigation. 3. Applicable Laws Trademarks identify goods and create a distinction between goods various sources. Trademark is unique for each company and is protected by the law. In case of Panavision v. Toeppen, Panavision Company is suing Toeppen for violating the trademark law. In the USA history of trademark law go back to the 19th century, shortly after II world war as response to the rapid economic growth and the need of manufacturers for trade identity and better protection from infringement. The first Federal Trademark law was enacted in 1870. After that the Federal Trademark law was many time adjusted to occur situations. Like on March 3, 1881 when the new amended trademark law target trademarks used in interstate commerce (and in the commerce with Indian tribes) based on the interstate commerce clause in the U.S. Constitution (art. 1, sec. 8, cl. 3). [2] Major revision of the federal trademark law was enacted in 1905, and in 1946, when Congress passed the Lanham Act (15 U.S.C.ÂÂ1051-1127). The name of the act is coming from congressman who had devoted himself to its creation in accordance with American traditions. The Lanham Act is similar to English trademark law because it adopted use-based principles as its foundation. The Act, however, put much more emphasis on use than the English law did initially, requiring not merely an intention to use the mark, but an actual use of the mark in order for the mark to be registered. This emphasis, however, was later altered in response to changes made internationally. The only significant amendment to the Lanham Act has been the Dilution Act of 1996. This moved further to protect the interest of business and basically means that marks that are similar to those of a business, and could be seen as a way to deceived consumers, are an infringement of Trademark laws. This completely overrode the 1905 amendment to the 1881 Trademark Act. Another amendment in 1999 saw the introduction of the Anticybersquatting Consumer Protection Act. This act governs trademark infringement through domain names on the Internet. The introduction of this act basically meant that those who have rights to Trademarks also have rights to the associated domain name, so nobody besides Coca Cola can register the domain name cokacola.com on the Internet. This protects the Trademark of that company from misrepresentation. Beside the Anticybersquatting Consumer Protection Act, domain name disputes are typically resolved using the Uniform Domain Name Resolution Policy (UDRP) process developed by the Internet Corporation for Assigned Names and Numbers (ICANN). A complain in a UDRP to be executed must consist three elements as: The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; The registrant does not have any rights or legitimate interests in the domain name; and The registrant registered the domain name and is using it in bad faith. For UDRP bad faith is consider in the following situations: Whether the registrant registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark; Whether the registrant registered the domain name to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, if the domain name owner has engaged in a pattern of such conduct; and Whether the registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or Whether by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, Internet users to the registrants website, by creating a likelihood of confusion with the complainants mark. the main goal for UDPA is to give alternative solution for resolving such disputes for cybersquating victims. Process Under UDPA is quicker and less expensive than the standard lÃÆ'Â ©gal challenge like the ACPA. Moreover in case that any party loses a UDRP proceeding, there is always possibility of bringing a lawsuit against the domain registrant under local law. The UDRP process has already been used in a number of well-known cases, such as Madonna Ciccone, p/k/a Madonna v. Dan Parisi and Madonna.com. [3] In this case, Dan Parisi registered as a trademark in Tunisia. Moreover around June8,1998, Respondent began operating an adult entertainment portal web site. The web site featured sexually explicit photographs and text, and contained a notice stating Madonna.com is not affiliated or endorsed by the Catholic Church, Madonna College, Madonna Hospital or Madonna the singer. Madonna brought Complaint, which contends that the disputed domain name is identical to the registered and common law trademark MADONNA in which she owns rights. She further contends that Respondent has no legitimate interest or rights in the domain name. Finally, Complainant contends that Respondent obtained and used the disputed domain name with the intent to attract Internet users to a pornographic web site for commercial gain based on confusion with Complainants name and mark. The arbitration panel found against the defendant registrant based on: That the domain name registered by the respondent is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and, That the respondent has no legitimate interests in respect of the domain name; and, That the domain name has been registered and used in bad faith. Finally ordered the domain name turned over to Madonna. Additionally to ACPA and UDPA every particular country has his own law, which all cybersquatting disputes can be resolved. Below I presented couple countries and anti-cybersquatting law. Australia is another example auDA requires anyone registering a .com.au second-level domain to have a valid entitlement for that domain i.e. a registered business name with an Australian Business Number (ABN) issued by the Australian Taxation Office. However, this has failed to protect Australia from such cybersquatting acts. Any Australian citizen over the age of 16 can obtain an ABN (which is free) and use it to register as few or as many domain names as they like. Canada through its own Internet regulating body, the Canadian Internet Registration Authority (CIRA) has taken a similar approach to Australia. Registrations for a .ca country code top-level domain must meet Canadian Presence requirements. The list is extensive and includes individual citizens and residents of Canada and in addition, Canadian businesses, Aboriginal Peoples and Indian Bands, Canadian trademark holders (whether Canadian or Foreign), Her Majesty the Queen and, Foreign Businesses with a physical Canadian presence. However, as with Australia, even this has failed to protect Canada from cybersquatting acts. In an unusual departure from trying to avoid the practice of cybersquatting, the CIRA themselves seem to encourage the practice by publishing on their website a very extensive Domains To Be Released List. This list is directly promoted on the site home page. The practice gives the impression of being intentionally designed to promote cybersquatting by allowing Canadian (or other) cybersquatters to literally go shopping for domains to register. Domains that can then be offered back to the previous registrant or a business or corporation with an affiliated name at an inflated price. Internationally, the United Nations copyright agency WIPO (World Intellectual Property Organization) has, since 1999, provided an arbitration system wherein a trademark holder can attempt to claim a squatted site. In 2006, there were 1823 complaints filed with WIPO, which was a 25% increase over the 2005 rate.[4] In 2007 it was stated that 84% of claims made since 1999 were decided in the complaining partys favour. 4. Case: Yahoo Inc. v. Akash Arora Companies in India have also faced the brunt of cybersquatting in the recent past. Besides, the courts in India have been extremely vigilant in protecting the trademark interest of the domain owners who have suffered from cybersquatters. The first case in India with regard to cybersquatting was Yahoo Inc. V. Aakash Arora Anr., where the defendant launched a website nearly identical to the plaintiffs renowned website and also provided similar services. Yahoo Incorporation is the owner of the well-known trademark, Yahoo and of the domain name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good will and reputation. Yahoo.com had been registered by Yahoo Inc with Network Solution Inc since 1995 and offers a whole range of web-based services. The trademark Yahoo had been registered or was close to being registered in 69 countries. However, Yahoo Inc had not registered its domain name in India. Akash Arora started to offer web-based services similar to those offered by Yahoo.com under the name of Yahoo India. Yahoo Inc had sued Akash Arora for using a trademark deceptively similar to its own and passing off his services as those offered by Yahoo Inc. The issue in this case was that whether the act of Akash Arora in registering the domain name Yahoo India, to offer services similar to those offered by Yahoo Inc, is an infringement of the trade mark of Yahoo Inc and amounts to passing-off under the relevant sections of the Trademark and Merchandise Act? Yahoo Inc contended that Akash Arora adopted the domain name of Yahoo to offer services similar to those of Yahoo Inc and had attempted to cash in on the good will generated by Yahoo Inc. because there was every possibility of an Internet user gettingconfused and deceived, believing that both the domain names, Yahoo and Yahoo India belong to Yahoo Inc.. Therefore, Yahoo Inc. argued that Akash is liable for passing off. As the two trade marks/domain names Yahoo! and Yahoo India! were almost similar and the latter offered services similar to those offered by the former and as the latter passed them off as being offered by Yahoo Inc., the court held Akash liable for passing off and restrained him from using the deceptively similar domain name. The decision of the court in this case is based on the rationale that where the value of a name lies solely in its resemblance to the name or trade mark of another organization, the public is likely to be deceived by the use of such name and such act would amount to passing off. Probably the first reported Indian Case, where in the plaintiff who is the registered owner of the domain name yahoo.com succeeded in obtaining an interim order restraining the defendants and agents from dealing in services or goods on the internet under the domain name yahooindia.com or any other trademark/domain name which is deceptively similar to the plaintiffs trademark Yahoo. 5. Conclusion Looking at the current situation prevailing in the world, it is certain that cybersquatting is a menace. It is a menace which has no boundaries. In my opinion, it is similar to terrorism. The only difference is that in the latter human life is affected. Cybersquatters have robbed businesses of their fortune. Looking from the Indian perspective cybersquatting has been prevalent since internet came to the subcontinent. The courts in India have decided many cases related to cybersquatting. It is the imperitive for the parliament to enact a law which would deal with this menace. As of now there is no such law which prohibits cybersquatting like that of the United States. Cybersquatting has opened the eyes of governments across the world and has prompted them to look into this phenomenon in a serious manner. The United States by enacting the ACPA, has taken a monumental step in protecting domain names in its cyberspace. It is high time India and other countries come out with legislations to protect this virus from spreading.

Religion in Singapore Essay -- Religion, Asian History

INTRODUCTION The major religions of the world are no longer distant from us. They are now closer to us than we can conceive; our neighbors, schools, offices and market places. These beliefs and faiths are much a part of our everyday lives, which make it important for us to have a clear view of our history, teaching, customs and traditions, so we can better relate to people who profess them. In this research paper, I endeavor to make a small, but intensive contribution and bring to light religious history on Singapore. The philosophy of religion is different to various people. But in all we can say that religion is a set of beliefs and practices of a particular individual or group of people or sects. In any nation or society, people have a caboodle of cultural structure, belief structure and world views that create symbols that relate to spirituality and moral values. Many religions have symbols and traditions, passed in from generations down that are intended to give life a meaning or explain its origin. Many countries if not all have their own religion. Some practice one, others two and many others are known for their polygamous religions. Among these countries, we have Singapore. There are many religions in Singapore considering the fact that many ethnic groups exist. That is to say, there are many religions in Singapore as a result of their different beliefs. It is home to ten religions. Coming into Singapore, the first thing you will notice the diversity of its citizens.. Singapore is an uncommon but corporeal sample of a nation where people from different facets of life, live together, irrespective of their tribe or religion, without fear or favor. As a matter of fact freedom of worship is topm... ...ment/Government-Restrictions-Index-(GRI).aspx "Religion in Singapore." Wikipedia, the Free Encyclopedia. Web. 16 Nov. 2011. â€Å"Ethno-religious Conflicts." Dawodu.Com - Premier Site Dedicated to Nigeria's Socio-Political and Economic Issues since 1998. Web. 16 Nov. 2011. http://www.dawodu.com/adeyemi3.htm 8 http://app.www.sg/who/31/Pre-Colonial-History.aspx Asiaweb . n.d. 3 december 2011 . buddha dharma production. 1996. 16 november 2011 . Guruswamy, Rekha. live.com. n.d. 16 october 2011 . Pew forum. 17 2009 december. 17 november 2011 . Straits Times. 20 Janurary 2009. . Wikipedia. n.d. october 2011.

Unbundled Business Models: Arm’s Focus on IP

This is my first not-technical blog post more towards the business side which I know very little about but still worth trying. I will be discussing the â€Å"unbundled business model† and why ARM is focusing only on designing IP cores. I came across the term unbundled business model in a book called â€Å"Business model generation† by Alexander OsterWalder and Yves Pigneur. Which is a fantastic book and they really take the reader through the entire planning process of a business or business model generation. As most electronic engineers will be aware, ARM holdings which stands for Advanced RISC Machines (Acorn RISC Machines at time of foundation) is a British Intellectual Property licensing company. So basically they license their proprietary processor cores to semiconductor companies like Apple, texas instruments, Freescale, Qualcomm, NVIDIA etc. These cores are specifically popular in mobile computing because of their low power consumption characteristics. In fact almost all of the recent smart phone processors are based on an ARM core. Err I guess we are diverting to electronics again, coming back to the company. So the company has a unique business model, unlike other semiconductor companies like Intel or microchip who design and manufacture their processors. ARM is specialized in designing the barebones of the processor, the core (which technically is a bunch of hardware synthesis files containing thousands of lines of Verilog code, or any other language) and gives out this code to semiconductor companies to let them manufacture their own customized processor. Unbundling Business Models: The term â€Å"unbundled corporation† was coined by John Hagel and Marc Singer and it suggests that there are three types of businesses: Customer Relationship businesses, product innovation businesses and Infrastructure businesses. These sectors require different skill sets are separate entities of a corporation or ideally a separate business itself. The role of Customer Relationship business is acquiring customer and building relationships with them. Similarly product innovation businesses are involved in development of new products and services, while the role of infrastructure businesses is to manage the platform for high volume, repetitive tasks like assembly lines, logistics etc. ARM can be effectively placed into the product innovation category; they are focused on development of their IP cores for which they are well-known for. This keeps the company’s operations aligned with the target which is to build low-power high performance cores. Their business is centered on engineers, talented and creative minds which design their products and keep them ahead of the competition. Customers are not their focus, well at least not directly, customer relationship are taken care at multiple levels by the chip manufacturer, the equipment manufacturer and then the end-user company. This is a win-win situation as the result is a better product and customer satisfaction. Another company which recently unbundled the business is Dell Inc. hich shifted its focus from manufacturing to customer relationship and marketing. Reason being contract manufacturers like Clevo produce computers more cheaply as their entire focus is on finding efficiencies in manufacturing. This means Dell can focus on the brand and building customer relationship which is a much more robust business plan. It is the basic question â€Å"What business are we in? † and finding what is the key business activity. If we try to manage activities across too broad a waterfront, we run a risk of losing our edge across more and more of his waterfront. The business model has worked out well for ARM and in year 2010, 6. 1 billion ARM based chips were sold. ARM’s goal is to have ARM-based processors in more than half of all tablets, mini-notebooks and other mobile PCs sold by 2015. Leave your comments below about what you think about the ARM business model and by the way check out my project Portoscope an open source mini oscilloscope, it runs on an ARM based processor

Improving Productivity Essay

To talk about improvement we need to know first what productivity is in a technical view as a work application. As Montano said, productivity is the proportion that is achieved between the made product or proportionate service and the inputs that have intervened in the accomplishment of this product or service[1]; a measure of how efficiently an organization converts inputs into outputs. Taking into account its definition, it is important to know how to improve the productivity in companies. The specialization and division of the work are some of them. These allow major knowledge of the work, increase of the quality and therefore major performance of the workman; in addition there is a better control of the work, a decrease of mistakes and wastes and enables delegation. Mechanization saves time of manufacture, increases number of working hours, eliminates costs of training compensations and rewards, etc. Standardization allows a decrease of costs of maintenance, the scale and scope production. As scientific management (developed by Taylor) arguments, nonstandard labor practices are too expensive and wasteful; their approach was to homogenize the labor element of operation: standard methods and standard time. Productivity improvement involves methods study, with flowcharting as operator-machine time chart. Methods study, aimed at improving as well safety and ease of performing the work; ergonomics and the well design of distribution of plant are important issues in productivity. Effective communication clarifies the objectives of the whole organization and therefore allows saving time. Training, education, planning and coordinating activities form effective work. What is very important is to integrate as many employees as possible into this process. As Leon Ho express â€Å"Procrastination is the biggest time thief of all! † By identifying the reasoning behind procrastination issues, solutions can be found, such as breaking larger projects down into smaller pieces, scheduling some tasks for first thing in the morning so they are done, and delegating any tasks that are so routine they feel like a waste of your time[2]. Without a deadline, people tend to put things off. A time standard acts like a deadline, helping to keep people motivated. In overall reducing cost and waste, analysis methods that are made especially for areas of the organization, quality control and technology are the most known ways to improve productivity in any firm. No matter what type organization is, all search improvement in productivity that obliges better methods and equipments. However, improving productivity should be permanent, alive and part of the organization at all levels[3]. Now, new productivity needs to be broad and integrated. Bibliography MONTANO,Agustin. Administracion de la produccion.

Paterson Job Grading System

What Is the Paterson Job Grading System? By T. GAVAZA The Paterson grading system is used to evaluate aspects of jobs. The Paterson grading system is an analytical method of job evaluation, used predominantly in South Africa. It analyzes decision-making in job task performance or job descriptions, and sorts jobs into six groups that are graded and grouped into two to three sub-grades–such as stress factors, individual tolerance, length of job and number of job responsibilities–that correspond to organizational levels. The six grades, also called bands, define pay scales. Identification 1.According to â€Å"Classification of Jobs into Levels of Work: Four Reliability Studies,† at the University of Zimbabwe, the Paterson system places job decision-making into six groups or bands–policy making, programming, interpretive, routine, automatic and defined. These groups correspond to the following organizational levels–top management, senior management, mid dle management, junior management and skilled positions, semi-skilled positions and unskilled positions. Features 2. Comprised of grades A through F, Paterson's grading system is listed below with an explanation of the corresponding graded decision making.An upper grade reflects a job requiring coordination or supervision, and a lower grade reflects non-coordinating jobs. A- Prescribed or defined decisions. Jobs are performed with limited training for grade A, and employees, such as unskilled workers, decide when and how fast to execute tasks. B, lower- Automatic or operative decisions B, upper- Coordinating, automatic decisions. Theory or systems knowledge for grade B is not required, though employees, such as semi-skilled workers, can decide where and when to perform operations. C, lower- Routine decisionsC, upper- Coordinating, routine decisions Theory and/or systems knowledge for grade C is required, and employees, such as skilled workers or supervisory personnel, decide what ha s to be done–through knowledge and experience–for deterministic outcomes . D, lower- Interpretive decisions D, upper- Coordinating, interpretive decisions Grade D involves middle management's ability to optimize resources through decision-making about processes and procedures with planning programs or budgets one year ahead. E, lower- Programming decisions E, upper- Coordinating, programming decisionsGrade E consists of senior management's cross-functional coordination–coordinating many departments–and strategic policy decisions made by top management, with plans made five years in advance. F, lower- Policy decisions F, upper- Coordinating, policy decisions Grade F consists of top management, such as a board or CEO who manages organizational scope and goals. Comparison to Castellion's Grading System 3. Paterson's grading system is more reliable than Castellion's grading system, based on a reliability study at the University of Zimbabwe. More students made errors in re-grading 18 jobs

Problem Speech or Presentation Example | Topics and Well Written Essays - 500 words

Problem - Speech or Presentation Example Financial position to increase by less than half: Of course, the recommendation assumes that the stock split will not have effect on the price, but it does have an effect because the price is a factor of the demand and supply in the market. And while perfect information is assumed under Modigliani and Miller argument, the price is supposed to drop. Although this drop in market price cannot be estimated fully as to how much, the increase in financial position with at least the amount of stock that is traded, by undertaking this decision on capital structure, the financial position will increase at least by less than half. Modigliani and Miller proposes that debt policy should not matter, as in a tax-free economy and well-functioning markets, dividing the capital structure between debt and equity will have no effect on the total value of the company. But in the real world where taxes are prevalent, taxes provide tax shield or tax deductions for interest expenses. This gives a firm advantages of utilizing debt for its capital structure. The effect of increasing debt results in what has been called financial leverage. This is apparent in the computation of cost of capital; by computing the relative weights of debt and equity as proportions to the overall capital mix, multiplied by their returns cost of capital is computed. However, the computation is not complete unless the tax deductions for interest expenses, hence the tax rate is subtracted from the return of debt, which is then multiplied to the proportion of debt in the capital structure. Given this, increase in debt, as it gives tax advantages, lowers the cost of capital for the firm. Because of this implication, it seems to be beneficial for financial managers to increase debt in order to decrease the cost of capital for the firm. The cost of capital for the firm has a serious implication

Racial Profiling Argumentative and Persuasive Essay

Racial Profiling - Essay Example Racial Profiling is a very serious problem and a threat to the harmony of society. If all the people are not treated equally by the law enforcement or the general public, no one can assure the peaceful living and true brotherhood in the public. The people being victimized of racism or racial profiling, start hating the people of other race. Jealousy creeps in and groupings and divisions are automatically made. It creates a negative atmosphere in the entire society (Wilkins, n.d.). There are two approaches which kind of support racial profiling or think of it as useful. One of the approaches is called Consequentialist Approach. According to this approach, Racial Profiling can be used as an effective tool to decrease the time taken by the police to arrest the criminals and in that way it serves the society and gives justice quickly to the affected parties. It is a hypothetical statement to believe that the damage done by Racial Profiling is far less than the benefits it provides in the shape of an effective crime investigation. (Keller, 2008). The other approach is named as Contractualist Approach. It gives a very different perspective of Racial Profiling by saying that it can be useful for those members of the society who could become the victim of the crime committed by the profiled group. People will feel safe by the fact that they are watched out by the law enforcement agencies more than the other profiled group. The people who are not in the profiled group feel Profiling as a step to assure their security (Keller, 2008). However, these approaches are still hypothetical and do not really provide a satisfactory justification to blindly perceive every Black American, for example, to be the criminal even before gathering the facts and forensic proves.