How Does Equity Fulfil the Common Law

How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law, although it does not endeavour to displace it with a moral code. In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair. Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly. Equity is an essence of principles, doctrines, and rules advanced initially by the Court of Chancery in positive competition with the rules, doctrines and principles of the Common Law Courts. The obliteration of the old Court of Chancery and the Common Law Courts, has led to the proposition that the distinction between law and equity is now outdated; that the two approaches are now ‘fused. On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ‘they are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them. ’ For a long time, the two structures of common law and equity ran uncomfortably side by side. Until 1615 it was by no means established which one was to prevail in the event of a dispute. Yet, even after that year the inconsistency between the two systems continued for a very long time. After the restructuring of the English court system in 1865, it was decided that in the event of a conflict between the common law and equitable principles, equity must prevail. The Judicature Acts 1873-1975 created one system of courts by amalgamating the common law courts and the courts of equity to form the Supreme Court of Judicature which would administer common law and equity. Accordingly the court ‘is now not a Court of Law or a Court of Equity, it is a Court of Complete Jurisdiction. ’ The area of law recognized as Equity developed in England and Wales in the Middle Ages in situations where the ordinary common law had failed to afford suitable redress. Many legal actions, for example, originated by the issue of a writ but the slightest inaccuracy on the writ would invalidate the entire action. Another inadequacy in the ordinary common law involved the fact that the only remedy was damages; that is, compensation, therefore, the court orders did not exist to require people to do something or to desist from some conduct, for example, sell as piece of land according to an agreement made or stop using a particular title. Dissatisfied litigants frequently preferred to petition the King for him to mediate in a specific case, the courts were, in any case, the King’s courts. These petitions’ for justice were dealt with by the King’s Chancellor who determined each case according to his own discretion. Over the years, the decisions made by Lord Chancellor became known as the rules of equity, derived from the Latin meaning levelling. These new-found rules came to be applied in a special court, the Chancellor’s Court, which became identified as the Court of Chancery. Equity began to appear as an apparent set of principles, rather than a personal jurisdiction of the Chancellor, during the Chancellorship of Lord Nottingham in 1673. By the end of Lord Eldon’s Chancellorship in 1827 equity was recognized as a precise jurisdiction. Nevertheless the development of a parallel but distinct system of dispute resolution was certainly bound to generate a conflict. An individual wronged by a failure of the common law to remedy a gross injustice would apply to the court of equity. The Chancellor, if the case accepted it, would approve of a remedy preventing the common law court from imposing its order. The catharsis transpired in the Earl of Oxford’s Case, where the court of common law ordered the payment of a debt. The debt had previously been paid, but the deed giving affect to the requirement had not been cancelled. The court of equity was prepared to grant an order preventing this and resolving the deed. The collision was in due course resolved in favour of equity; where there is an inconsistency, equity prevails. This rule is now preserved in the Supreme Court Act 1981, s 49. The history of equity is regarded by its constant ebb and flow between compatibility and competition with the common law. More recent developments in equity include, for example, the recognition of restrictive covenants, the expansion of remedies, the development of doctrines such as proprietary estoppel, the enhanced status of contractual licences, and the new model constructive trust. There is an effort, then again, to validate these new developments, which are all illustrations of judicial inspiration, by precedent. As Bagnall J said in Cowcher vCowcher: ‘this does not mean that equity is past childbearing; simply that its progeny must be legitimate- by precedent out of principle. It is well that this should be so; otherwise no lawyer could safely advise on his client’s title and every quarrel would lead to a law-suit. ’ In all probability the single most significant feature of equity is the trust. If title to any property is vested in a person as trustee for another, equity not only restrains the trustee from denying his trust and setting himself up as absolute owner, but impresses on the trustee positive duties of good faith towards the other person. Although one of the original development of equity, the protection granted to equitable owners behind a trust has developed considerably over the last 50 years. Remedies represent some interesting illustrations of the difference between law and equity; a difference which arose as; ‘an accident of history,’ according to Lord Nicholls in A-G v Blake. Ordinarily legal rights and remedies remain separate from equitable ones. Some similarities do, nevertheless, occur. For illustration, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, or to stop a nuisance, both common law claims. In A-G v Blake, the House of Lords authorized the equitable remedy of account of profits for an assertion for violation of contract where the common law remedy of damages would have been insufficient. The equitable remedy of account of profits is usually accessible where there is a fiduciary relationship but the House of Lords endorsed its request otherwise in exceptional cases where it was the operative way to remedy a wrong. By distinction, in Seager v Copydex, proceedings were brought for breach of confidence in regard for confidential information exposed by the defendants about a carpet grip. Such a claim is equitable and normally the equitable remedies of injunction and account are obtainable. On the other hand, an injunction would have been unsuccessful and he judges awarded damages. It would appear, consequently that a common law remedy is available for an equitable claim for breach of confidence. The new model constructive trust resulted in the main due to the resourceful activity of Lord Denning MR. In Hussey v Palmer, Lord Denning explained the constructive trust as one ‘imposed by the law wherever justice and good conscience require it. Cases such as Eves v Eves, where the woman was awarded an equitable interest in the property signifying her involvement in terms of heavy work, and Cooke v Head, a comparable case, regard this progress further. On the other hand, it might be that this progression has come to a standstill since the retirement of Lord Denning. A number of modern cases, including Lloyds Bank v Rosset, have re-established former ideology in this s phere relating to the survival of a common intention that an equitable interest should occur, and the existence of a direct financial contribution. These ethics are more analogous to those relating to the formation of a resulting trust. The new model constructive trust has been for the most part thriving in the field of licences. At common law, a contractual licence was controlled by the doctrine of privity of contract, and failed to present protection against a third party. Equitable remedies have been made accessible to avoid a licensor violating a contractual licence and to permit a licence to bind third parties. It has been acknowledged that certain licences may produce an equitable proprietary interest by means of a constructive trust or proprietary estoppel. In Binions v Evans, it was decided by Lord Denning that purchasers were compelled by a contractual licence between the former owners and Mrs Evans, an occupant. A constructive trust was imposed in her preference as the purchasers had bought specifically subject to Mrs Evans’ interest and had, for those grounds, paid a reduced price. Also in RE Sharpe, a constructive trust was imposed on a trustee in bankruptcy regarding an interest obtained by an aunt who lent money to her nephew for a house purchase on the arrangement that she could live there for the rest of her life. The volatility of these progressing fields is once more shown in recent case law which seems to hold back from an advancement which may have pushed the boundaries too far. Obiter dicta from the Court of Appeal in Ashburn Anstalt v W JArnold & Co, accepted in Habermann v Koehler, propose that a licence will only give effect to a constructive trust where the conscience of a third party is influenced: it will be imposed where their behaviour so deserves. Judicial resourcefulness in equitable disciplines is therefore made subject to refinements by judges in later cases. Proprietary estoppel is an additional illustration of an equitable doctrine which has seen momentous progression in the interest in justice ever since its formation in the leading case of Dillwyn v Llewelyn. The dogma is established on encouragement and acquiescence whereby equity was equipped to arbitrate and adjust the rights of the parties. Its relevance has been further improved by the Court of Appeal in Gillet vHolt, where a wider line of attack to the doctrine was taken that depended, eventually, on the unconscionability of the act. Once more, it is an advancement which is outside of the organization of property rights and their registration recognized by Parliament. Cases such as Jennings v Rice show that the principle of proprietary estoppel and the protection of licences by estoppel continue to be a successful means used by the judges for the protection of licences and equitable rights. The extent to which the right welcomes protection is adaptable owing to the conditions of the particular case. For example, in Matharu v Matharu, the licence did not bestow a beneficial interest but presented to the respondent a right to live in the house for the rest of her life. A different prevailing progression in equity has resulted from the decision of the House of Lords in Barclays Bank plc v O’Brien. The case has proclaimed the re-emergence in a broad sense of the equitable doctrine of notice. They present that, where there is undue influence over a co-mortgagor or surety, this may provide augmentation to a right to prevent the transaction. This right to avoid the transaction amounts to an equity of which the mortgagee may be considered to have constructive notice. This revivification of the equitable doctrine of notice in a contemporary situation reveals evidently the flexibility of equity. A number of cases pursued this pronouncement. In Royal Bank of Scotland v Etridge, the House of Lords laid down common procedures for the application of the doctrine of notice in this situation. In summary equity fulfils the common law, although it does not endeavour to displace it with a moral code. There have been setbacks and refinements, over the last 50 years, in the progress of new doctrines relating to the trust.

Confessions of St.Patrick

Kelvin Kublall Feb, 4/2013 History of Christianity Confessions of St. Patrick St. Patricks story is a quite dramatized one, it speaks about the great things he has passed through. St. Patrick was one of the first and most influential missionaries to Ireland, bravely entering this superstitious and violent country to bring the healing balm of the gospel. Firstly He was born in Great Britain nearing the end of the fourth century. He was the son of Calpornius, who was a deacon and decurion.Patrick was of a noble birth, he was a Roman citizen. At about the near age of 16 he was captured by barbaric Irish pirates and taken to Ireland where he served as a slave tending to the sheep. During his Shepard time, he was converted to the Lord and then after 6 years, God gave him a dream to leave Ireland for his â€Å"ship awaits†. God made St. Patrick travel two hundred miles to where God told him the ship would be and boarded it and set sails back to his homeland in Britain.Now while amon g his family, he had another dream, this time a voice spoke to him telling him to return to Ireland. During this time an outlined map of Ireland was identified with the forest of foclut near the western sea. Here a childhood confession he made before he became a deacon returned to haunt him. And later there was many boasting of bringing religion to the Irish. It spoke on how they never knew God and cherished idols. Then in paragraph 42 he baptizes a beautiful Irish princess in Gods name.Then he closes his confessions by saying that those who believe in the faith of God and fear him and do only what is pleasing in His sight will glorify God’s name eternally. For those were his confessions before he died. It seems that the new church leadership did not share their predecessors’ approval of Patrick’s mission, particularly his emphasis on reaching the lost rather than shepherding the existing flock. The bishops felt Patrick’s teams were spending too much time with the pagans and not enough time tending to their own spiritual well being.Patrick quoted Mathew 28, explaining that Jesus had commanded his disciples to go into all the world and preach the gospel to all creation, baptizing the nations and teaching them to obey everything he had commanded. By most accounts Patricks efforts were successful. By the end of Patrick’s approximately 30 years of ministry in Ireland, the Church was blossoming and a previously violent, pagan land was becoming much more peaceful and virtuous.Patrick’s theology also freed him to build a bridge to the Celtic culture by celebrating and emphasizing the aspects of that culture that he found good and righteous. The key to Patrick’s approach, was his ability to tell the Celtic story better than the Celts could. He offered them a more complete explanation of their history, showing how it finds its fulfillment in Jesus. Likewise we are today when doing missionary evangelism, we should conduct proper surveys of the population and know our roots before entering. Knowing our roots simply means to be grounded in the faith of Jesus.

Property Law and Practice - Report on Legal Liability Assignment

Property Law and Practice - Report on Legal Liability - Assignment Example Act, 1996 states that no landowner can carry out construction or repair work to his property, which might impact an adjacent property without adhering the procedures laid down in the Act. An owner who is willing to initiate construction work stipulated under the Act must serve a notice to adjacent owners about their plan in the mode as prescribed in the Act. If a minor repair work is carried on the party wall, there is no need to serve notice under the Act. The Act covers both residential and commercial properties. (Wood et al, p.205). It is to be noted that adjoining owners may accept or disown what is proposed. When the adjacent owners oppose, the Act offers a way for solving the issues. The procedure set at the Party Wall Act is distinct from getting planning approval or approval under building regulations. Under section 2 of the Act, the owner should serve a notice to the adjacent owner where the proposed construction work is to a subsisting party wall even where the work may not extend away from the centre line of a party wall. It is not necessary that a party wall shall inevitably to have a border line running through its centre line but can stand astride peculiarly over it. A owner should serve a notice on the adjoining owners of a party wall about the intended construction or excavation and where a disagreement arises as regards to a party wall under section 1, or when no written consent has been received within fourteen days from the date of service of notice under section 2, then, issue has to be resolved with the help of a surveyor through a dispute resolution mechanism. The primary aim is that by placing the matters out of the parties’ purview, and assigning them to the independent experts, the Act offers Owners with a magnitude of certainty and minimises the peril of work being prolonged by protracted discussions. The Act places more onus on surveyors as the surveyors are required to comprehend where Act is applicable, and what has to be adh ered so as to make sure that a property owner adheres with the Act as the non-adherence will have disastrous outcomes. In Roadrunner case, Court of Appeal held that non-compliance of the Act will not only attract damages for non-adherence but also the Court will not take a lenient view of the failure by a party to adhere with the Act. Thus, this case stresses that a property owner who fails to adhere with the provisions of the Act is accountable for damages suffered by another party in spite of nonexistence of concrete corroboration that repairs carried out by that party really responsible for that damages. (Hannaford & Stephens, 2004, p.xiv). The above Act provides some rights to building owners who intends to carry out some sorts of structural changes to a subsisting party wall in addition to the rights available under common law. In Holbeck Hall Hotel, the Court of Appeal viewed that there is a measured obligation of care or fairness between neighbours to assess the respective pr ivileges and commitments between neighbouring owners. If a building owner must be careful not even start repairing his own side of the party wall without informing the adjacent owners of the proposed repair or construction. (Hannaford & Stephens, 2004, p.xiii). It is to be noted that though the Act does not make it compulsory to serve a notice on the adjacent owners, but adjoining owners can prevent the construction work through a court injection or through other legal means. Further, it is to be noted t

Business law Term Paper Example | Topics and Well Written Essays - 750 words

Business law - Term Paper Example   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The History of American law can be dated all the way back to when the American colonies first settled, the English system of law was established as the system of jurisprudence.  Once that was established,  the English common law was developed by judges who issued their  opinions when deciding cases.  Ã‚  Hence, these principles in these cases became precedent for later judges deciding similar case.  In any scenario when two sides disagree on what the outcome of a case maybe, common law is utilized. In common law, cases are judged by the jury and are extremely sophisticated since states have different guidelines for conducting cases.  In common law, juries issue a verdict, which the judge typically orders as the judgment in the case. However, judges can issue a  judgment not withstanding the verdict  based on a motion of the losing party  granted bias is present. In addition, judges can declare a mistrial in cas es of misconduct. In order to win in common law, it is essential for the plaintiff to prove to the judge by a â€Å"preponderance of  evidence.† If they fail to prove it by a preponderance of the evidence, the defendant prevails.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  As mentioned above, the law of United States is founded upon  statutory law.  The American court system is divided by civil and criminal litigation.  Without a doubt though, the United States Constitution is the foundation of government regulations in United States  under the civil law.  In criminal cases, the lawsuits are brought by government entities such as the government itself, based on violations of criminal statutes but not the common law.  On the other hand, the plaintiff is the party who brings the action in a civil law suit in which monetary damages and equitable remedies become the focal point( Cheeseman 154).  However,  common law expands to civil  lawsuits as well, which makes the common law superior than civil

American Popular Culture Essay Example | Topics and Well Written Essays - 750 words

American Popular Culture - Essay Example In both presentations, popular culture is normally perceived as being less important by its icons so as to bring together wide acceptance that can dominate the mainstream ideology. As a consequence, it is normally castigated by non-mainstream forces which consider it shallow, consumerist, scandalous, or dishonest. This paper compares and contrasts the role of race (as discussed by another party) and advertising (presented by myself) in the American popular culture. Media advertising is largely a general part of the human lifestyle, especially in a consumerist society in the same way as race (Solomon 59). The average person in American society is faced with numerous adverts every day including billboards, television commercials, movie trailers and commodity introduction in films, online ads, radio and print media ads among others in the same way race pops up in virtually every social setting. In my presentation, advertising is seen as partly driven by popular culture attributes, and partly educative, in the sense that, the consumer learns about and how to understand other ways in which the popular culture manifests such as the needs and preferences of racial groups in respect of commodities set for sale. According to Solomon (60) Movie trailers, for example, are not just geared towards the sale of the media clip, but rather they attempt to influence the way the audiences perceive the storyline and the actions. Owing to the integration of various races in a film, the effect on the audience is similar to that of pure advertising in the sense that both improve socialization through cross-cultural interactions, influencing thought processes and the feelings of the audience in a balanced way. Cross-racial interactions in movies are similar to and or compliments media ads seeking unity in diversity, especially in the wake of globalization.

Diversity and Inclusion Essay Example | Topics and Well Written Essays - 2500 words

Diversity and Inclusion - Essay Example These tests are administered in the student's primary language, with more than one type of test given for each disability tested. (LD Online, 2010) When the disability has been isolated, then the third component provides for an IEP, an Individualized Education Plan. This is an organized approach to providing targeted special education to meet that student's specific needs. It is formulated with a team of professionals, including the parents; they meet annually to discuss process and areas for improvement. The IEP must contain certain parameters: current level of academic achievement, annual and short term goals, frequent evaluation using objective criteria, the list of special education services and environment required, the extent of mainstreaming with explanations for lack of mainstreaming, the date for commencement of services as well as the estimated duration, and an annual progress report updating achievement of goals. (LD Online, 2010) The fourth component states that children should be educated in the least restrictive environment. This means that for the most part, handicapped children should be with their non-handicapped peers unless special circumstances prohibit it. There are program aides provided to many mainstream classes to assist children with special needs to enable them to remain in the classroom with their peers. Occasionally, behavioral issues require a student to be removed to allow for stabilization, followed by a return to the classroom when the student is able. (LD Online, 2010) The fifth component is one of due process with rights for the parents and child with regards to accountability and fairness. It contains the following provisions: 1) confidentiality regarding both the family and... This essay underlines that every person, born with disabilities, has the right to receive an education that will help him master the surrounding environment and allow him to make a contribution to the world at large. The Individuals with Disabilities Education Act of 2004 is the latest comprehensive package which provides not only educational services, but also supportive technology and services to assist children in retaining educational curriculum. In addition to the standard learning disabilities, children with traumatic brain injury, autism and benign mental disorders, and, visual and auditory impairment are now provided services under this legislation. A team of highly qualified professionals partners with the child's parents to monitor progress and assure that quality services are provided for the child. These children are no longer forced to live a life of mediocrity because their needs are met early in life during the cognitive development stage in order to be the most effect ive remedy for prevention of further disability. When a professional suspects a child may have a disability, they must attempt to resolve the issue without involving the special needs team. The parents are also a part of this team. Sometimes just talking with the child and parents provides insight into the situation allowing them to get alternative relief. If at least two alternative approaches for instruction in the regular classroom do not impact the situation, then the child may be referred for a special needs evaluation.

Comparative Perspective on Organized Crime Essay

Comparative Perspective on Organized Crime - Essay Example Our grounds for comparison will be in terms of organizational structure, operations, political significance and their respective cultures since sociologists insist they share a cultural underpinnings. The organized crime which came to be labeled as the mafia, regardless of racial grouping, owes its origin to the Italian mafia. This group was founded in Sicily and is also called the Cosa Nostra. It was established in the eastern part of the United States due to the onslaught of the Italian immigration in 19th century. Simply put, the mafia is a criminal secret society whose sole purpose is profit culled from various illegal activities. What distinguishes the mafia from other organized criminal groups is the cultural dimension to it. (Throsby 2001, p. 6) Mafias are identified by nationality such as the Italian mafia, Russian mafia or the Japanese Yakuza. In the book called, Understanding the Mafia, Joseph Farell (1997, p. 6) explained that mafia’s only aim is the enrichment and empowerment of the individual and â€Å"his family,† hence honor and success are inseparable. Also, another distinction relies on the fact that a characteristic of a mafia is that it performs g overnmental functions such as law enforcement and criminal justice- in spheres where the legal judicial system refuses to exercise power or is unable to do so. 1 The phenomenon of the mafia has actually generated extensive interest on the subject that anthropologists, scholars, historians, psychologists, social and political scientists and even economists are up in arms in interpreting their existence. Naturally, there is an ongoing debate over these organizations’ natures, but the â€Å"mafiologists† seem to agree that â€Å"the mafia is undoubtedly a complex, mysterious, multi-faceted phenomenon.† (Farrel) To the detriment of the Sicilian people, their tradition came to be identified with the Italian Mafia. Its operation within the Sicilian society gave it the precise

Memo of Advice to Mr. US on Taxation System Case Study

Memo of Advice to Mr. US on Taxation System - Case Study Example The tax rates are applied to taxable income which is arrived after deducting all expenditure incurred by the individual as specified in IRS. Every US citizen (Mr.US) working and residing abroad is bound to report income from sources outside the United States under Form 1099 from foreign payer (Publication 525, 2010). According to Arnold and McIntyre (3) individuals confront serious risks of having to pay excessive levels of tax as Mr. US being citizen of US and resident of UK may have to deal with tax laws of both countries. However dual residence problems are generally resolved through the tie breaker in tax treaties between the two countries i.e. US and UK. Mr.US can be benefited from the double taxation treaty which follows the OECD Model Tax Convention. Mr. US shall file a report of Foreign Bank and Financial Accounts (FBAR) as his account is maintained by foreign organization in Mauritius, a labor agency which contracts the services of Mr. US to Newco in London for the period of five years. Tax Exchange Information Agreements between US and UK are incorporated in Double Taxation Treaty and Mr. US will have to comply with the double taxation treaty of filing the FBAR reports and paying income tax for his income earned for his services. Similarly, Labor Agency in Mauritius will pay taxes for its income from UK in Mauritius as well as United Kingdom as per the double taxation treaty existing between these two countries. As evident from the case study, Mr. US could face dual source issues arising through varying definitions in tax jurisdictions i.e. in US and UK. Mr. US may seek tax exemption within double taxation treaty between United States and United Kingdom. Mr. US may claim tax deduction in double taxation through exemption, credit or tax deduction through structured finance and possible exemptions in form of dividends and capital gains (Arnold and McIntyre,Ch. 15). It is informed that many tax jurisdictions do not grant deductions for future risk loss o r contingency provisions while some countries permit deduction for pension provisions. Mr. US shall get tax exemption from pension provision granted by Mauritius broker firm. The Mauritius broker company intends to open a discretionary trust in favor of Mr. US family owned by Mauritius firm. It is mentioned that shareholders dividends do not in any legally relevant sense arise in the taxing state which means the taxation belongs to the country to which the corporation belongs, i.e. Mauritius where the firm will be established (Arnold and McIntyre,Ch.3 53). The discretionary trust, where the remaining $225k have been diverted will be paid by the trust wholly under double taxation treat between two countries; United States and Mauritius, as the residence of trustees is in US while the trust is incorporated in Mauritius (Arnold and McIntyre,Ch.1, 21). Works Cited Arnold Brian J and McIntyre Micheal J International Tax Primer, Chapter

Accounting Essay Example | Topics and Well Written Essays - 1000 words - 15

Accounting - Essay Example There is an additional expenditure of packaging cost of $.9 per bottle and promotional expenditure amounting to $25,000. After taking into consideration all the inflows accordingly and deducting the outflows, the total profit amounts to $518,120. In alternative – 3, the approach is quite dynamic of giving a $3 worth of cooler free for every Shiraz bottle. Also, the selling price would be reduced to $12.95. This would increase the sales volume by 40% for 2 months and 7% for the later six months. On the whole, the sales would be 82980 bottles per year. However, as per unit profit is quite low, the profit receivable would also be very low at $136,472. Analysis: In the first year, there is a cash outflow of $8000+$18000+$15000 for Gazebo. In the second year, the payment for reception center of $250,000 has to be paid. The resulting inflows have been recorded accordingly. After estimating the cash flows thus for the ten years, we need to calculate the two normal methods of project evaluation, namely: NPVand IRR. The IRR is arrived at by matching the total outflows and inflows to a particular rate of return. By trial and error basis, we understand that the interest rate is between 9 and 10%. By interpolation, we arrive at the 9.51% rate of interest. Analysis: In the current situation, Chenin and Dessert Wine are quite profitable with $9 and $10 contribution per unit respectively. Here, the point to be noted is that the contribution per unit for Dessert Wine is more than that of Chenin. After deducting the fixed expenses from contribution of sales, we arrive at profit figures of $30,400 and $33,600. In the May offer, even though, the volume is more, the total profit earned is less in the case of Chenin because of its low contribution per unit. Hence, the company should not look into the proposal of halting dessert wine bottles by 600 and taking up 800 bottles order for

The Use of Steroids in Sports Should Be Permitted or Legalized Essay Example for Free

The Use of Steroids in Sports Should Be Permitted or Legalized Essay Steroid in sports has been used since 1954 where the soviets won many weight classes which brought about debates about use of testosterone on the team members. The testosterone injections were used to enhance the performance of the athletes that led to wining so many medals. Use of Anabolic steroids was evident and this was different from the use of oral steroids, use of herbs and foods that improve the muscular strength in performance in events (Milton John H. 205-208). In the resent past, professionals especially in the athletic field have had lucrative contracts on use of these substances has been on the increase. Besides increasing performance they have been known to fasten the healing process of injuries and also increase the length of time in which one spends in the career. In the late 1990s their use was a symbol of national pride as athletes won Olympic Gold Medals. Other substances and drugs have been in use in an attempt to enhance performance but the anabolic steroids have been found to be more powerful. For example, with Dianabol many athletes sought to have access to the drug and even have protocols on their use. However, in 1968 the World health Organization (WHO) complained on use of the steroid on their use and dispensation on pharmaceuticals. The Anabolic steroids were banned by the International Olympic Council although many athletes avoided drug tests (Putriam Douglas 250). In the 1990s the use of anabolic steroids had spread into the society and into high school levels that led to an anti-steroid policy being formulated to monitor their use. However the government should legalize it so that there is a level playing field since many athletes are using the drugs (Taylor William N. 370). A legal option should be provided as well as having a moral choice on its use The situation should only be regulated and supervised as this would minimize health risks that may be associated. Despite the fact that they have great effects on the body, it can maximize physical performance and hence one can optimize his earning potential. It should however not be advocated for those under 21 years. Their use should be legalized and regulated and more importantly taxed. In an example of Rafael Palmeiro who was a player of the Baltimore Orioles who suffered serious injuries and used steroids as an alternative to quick recovery and resistance to injury rather than increasing on his performance. In such a case, use of this steroid would be a good option so that he would be helped out of multiple serious injuries that he suffered (Hanson Glen 100, 115). They are none to reduce injury, increase recovery and tissue bonding that increases exertion with blunt force trauma as in footballers. The substances should be looked into to find out on their chemical content and especially to find out those that offer better living for athletes. Perhaps they may be necessary or of help to laborers who carry out heavy jobs such as dock workers who load goods. It’s also too late to ban steroids and a consideration of making performance enhancing drugs should be of concern. Athletes who do not use the steroids risk low performance and risk their job too. Those that use want to be competitive as this is their only measure of worth. Despite the link of steroid use to physical and mental problems, this is only as a result of their abuse and improper use but otherwise doctors would prescribe the same for medical and cosmetic reasons. If legalized, doctors would safely prescribe the drug according to medical history and condition of players. Doctors would also give benefits and risks of their use so that they can make informed choices. Furthermore this would guarantee protection or enhancement from the use of steroids. According to Husak D. , in sports, performance is considered more important than character and so if the steroids can revitalize these careers then it should be legalized (Husak Douglas. 30, 36). The belief that steroids will give a development of power and strength to win has pushed more athletes to their use. It is also believed that they relieve them from heavy workouts by increasing their muscle mass. The same drugs are used for treating anemia, bone degradation, facilitate growth and in other disorders of gonads and gynecological problems. Steroids work so well and the society enjoys and supports sports and the athletes and so, they would not mind so much if they are kept entertained on the screen without considering what is behind the energy presented in their fans (Yesalis E. C. 456-465). A swimmer by the name Rick De Mont was confronted for using ephedrine which is a steroid and a performance enhances in 1972 and this drug is also used to treat Asthma. Coincidentally the swimmer was also found to be asthmatic and this proved his use. Ethically he should not be denied this drug because of his health and medical need since his life is at risk and his living needs not be compromised too. If steroids are legalized then all athletes would be operating from one level rather than others being more competitive than others. Equal opportunity of legal and controlled drugs should be made available.

Best Value Procurement Bids in Council Services

Best Value Procurement Bids in Council Services Empirical Work This paper is an empirical study on the strategic significance that Best Value (BV) Procurement adds to Birmingham City Council. The aim of the proposed research is to quantify the strategic link between the BV and the contemporary strategic Procurement. Then to create a model which will evaluate the contribution of the strategy when applied to Birmingham City Council. Best Value was introduced into the public sector in 1998, announced through the government’s white paper â€Å"Modern Local Government in Touch with the People†. This paper introduced extensive reform of local government, including the new initiative of BV. Within this BV is the e-Government, Community Planning, Strategic Partnerships and new political management structures (White Paper 1998). The theory of Best Value was aimed at improving local government services; this was introduced in the Local Government Act 1999. BV replaced the old system of Compulsory Competitive Tendering (CCT), and required local authorities to review over a period of five years, the method in which they conduct all their functions. This would take the form of consultation with the local community to deliver the most effective, economic and efficient services (Local Government Act 1999). The Governments intention to reform local government continued and in 2001 they published a further white paper entitled â€Å"Strong Local Leadership, Quality Public Services†. Addressed within this paper were issues that included strong community leadership, continuous improvement, comprehensive performance assessment, financial freedom and modernisation of finance systems (White Paper 2001). The report in 2001 Delivering Better Services for Citizens, a review of local government procurement in England was published as a consultation paper. The report included the following recommendation; there should be clear political responsibility for procurement, with elected members taking a strategic role in securing outcomes. Best Value is about breaking down the boundaries between the public and private sectors in local service delivery. (The Byatt Report 2001) This research paper is based on the government white papers and reports which initially defined BV in procurement and established Strategic Management tools used to identify strategic choice within local authorities. The conceptual analysis is based on identifying the congruence of strategic links between the BV definition and chosen Strategic Management tools. The focus of the paper is Birmingham City Councils BV practices, and this will be measured against the resulting model. The output of this research is to measure the strategic worth of Best Value and the strategic worth of Birmingham City Councils delivery of Best Value. The paper will evaluate the relative merits of quantitative and qualitative research methodologies. Methodology The rationale of this chapter is to compare and discuss the research methods that could be used for this empirical research paper. When researching any paper there are numerous methods for collecting data, they do not always produce workable data that is easy to analysis. Therefore it is vital to review and plan the methods that will be employed. Before beginning any of the research a time scale will be composed, this will plan and set targets for the research. This plan is flexible, to allow for any considerable changes to the project due to unexpected research findings. Theoretically, the proposal should draw attention to any difficulties with the research question and the access to the data. Secondary Research The secondary research will discuss the theories and concepts which exist on the topic and be presented in the literature review. The findings from the primary research are then tested on these theories for validity (Saunders, M. et al 1997). Tertiary data sources will assist in the search for secondary data, this will reveal books, journals, newspaper articles, and Internet addresses on the topic (Bell, J. 2005). This section of the research will present some of the conclusions from the relevant Government’s White Papers as a secondary source of research data. Primary Research Primary research is vital to the project as it produces the raw data on the current situation in the organisations. A consideration when gathering primary research data, is obtaining the consent of both the organisation and individuals prior to initiating the research and this data must remain within the scope of the project (Saunders et al 1997). Primary Research Methods Method Type of Research Characteristics, Benefits and shortcomings Postal survey Quantitative Cost is low Response rate can be poor Answers may be incomplete Responses are pre-coded and simple so people can understand them this can mean the quality of information provided is lower than from other methods Telephone and/or email survey Quantitative Cost effective method of achieving robust sample allowing generalisations to be made Responses are pre-coded Certain groups do not have access to the telephone, so may be excluded from the sample It is difficult to ask sensitive questions over the telephone Works well with employers Face-to-face survey Quantitative includes both open questions as pre-coded Can achieve robust sample allowing generalisations if sufficient numbers are surveyed Expensive and time-consuming to administrator Ideal for gathering sensitive information or exploring complicated issues interview Qualitative In depth and detailed information can be gathered Interviewers are allowed more flexibility Answers to open questions can be difficult and time-consuming to analyse Expensive and time-consuming to administrator Focus group Qualitative A group discussion with around 8-12 people Can lasts up to 3 hours Capitalises on interaction between participants Participants are not representative of wider population which does not allow for generalisation Good method for gathering sensitive data Requires careful and unbiased analysis Case study Qualitative Researcher gains understanding of a individuals experience Provides good quotations and rich data Can bring alive other research, such as survey data Findings cannot be generalised to a wider population Qualitative Research Qualitative research is not just quality, it is the starting point where individuals understand and can talk about their lives. Qualitative studies attempt to explain social phenomena (for example experience, attitudes, behaviour, interactions and belief) in terms of the wider contexts of individual’s lives (Cresswell, J 1994). To gain this type of data methods such as direct, unstructured interviewing, or observation of real-life settings (ethnography) are used. The data that qualitative methods of research collect is usually words, rather than numbers, in the form of transcripts. That data is typically unstructured, and statistical methods cannot be used in its analysis (King, N. 1998). Individuals are surveyed or studied in order to understand their experience from their perspective, that is, what matters to them, rather than from the standpoint of the researcher or the professionals. Observational studies have been undertaken to understand the informal culture, of the organisation (King, N. 1998). Quantitative Research Quantitative research generates numerical data or data that can be converted into numbers, for example clinical trials or the National Census. Numbers are the main type of data that these methods collect, and those numbers will be analysed using mathematical or statistical techniques. Surveys that take the form of questionnaires are usually quantitative (Cresswell, J 1994). Conclusion This paper will combine both quantitative and qualitative approaches, using a qualitative study to guide the design of a subsequent quantitative study and by mixing elements of the one approach into the other. Questionnaires can contain both quantitative and qualitative questions. This paper will use both a quantitative and quantitative approach to the questions. This will be in the form of a ratings scale (1 to 5), whereas the qualitative questions will present a box where people can write in their own words. To obtain the strategic value in BV, a case study approach will be used; this will gauge the working practices and will enhance the data from the questionnaires. The secondary research will focus on the Governments white papers, and will introduce discussion from books and journals written on the subject. References Bell, J (2005) (4th Edition) Doing Your Research Project,  Open University Press, Buckingham Cresswell, J (1994) Research Design (Qualitative and Quantitative Approaches),  Sage publications, London King, N. (1998) Template analysis in G. Symon and C. Cassell (eds.) Qualitative Methods and Analysis in Organizational Research, Sage London Saunders, M. Et al (1997) Research Methods for Business Students,  Pitman Publishing, London. Papers White Paper (1998) Modern Local Government in Touch with the People,  Accessed through, www.communities.gov.uk Local Government Act 1999,  Accessed through, www.communities.gov.uk White Paper (2001) Strong Local Leadership, Quality Public Services,  Accessed through, www.communities.gov.uk The Byatt Report (2001) Delivering Better Services for Citizens,  Accessed through, www.woking.gov.uk

Phenomenology and Architecture Essay -- Environmental and Architectural

Introduction Phenomenology can be deemed to be both an unambiguous academic research field and a theoretical design current within contemporary architecture and is usually founded on one’s experience of the materials used in construction inclusive of their sensory characteristics. In this regard, architecture is the impetus towards transformation and inspiration of an individual’s daily existence. Unlike other forms of art, architecture employs the immediacy of an individual’s sensory perception. The complete architectural experience is dependent on many factors such as details, materials, texture, color phenomena, transparency and shadows, time passage, etc. There is the huge phenomenon that phenomenology does not exist in architecture but rather the problems associated with it. This theory is very debatable and this paper will aim at expounding on some of the aspects associated with phenomenology. Acoustical Intimacy Science The ear, which is the organ that the body uses to achieve acoustical intimacy, is capable of defining a space and the resultant effect is a sculptural image encrypted in the deep parts of the mind. Acoustic science dictates that sound can be softened or refracted by the surfaces of copious entities of personal life. All spaces and buildings posses individual characteristic sounds of monumentality or intimacy, hostility or hospitality and invitation or rejection. The ability to hear generates a sense of solidarity and connection contrary to the ability to see which creates a feeling of solitude. The sound of a friend approaching you behind your back definitely has a charge filled with emotion as th... ...nds: TU Delft Department of Industrial Design, 2006. Holl, Steven, Juhani Pallasma, and Alberto Perez- Gomez. Questions of Perception. Tokyo: a+u Publishing Co., 1994. Le Corbusier. Towards a new architecture. London: Architectural press, 1959. Levin, D.M. The Opening of Vision – Nihilism and the Postmodern Situation. New York and London: Routledge, 1988. Pallasmaa, Juhani. An Architecture of the Seven Senses, Questions of Perception. Tokyo: a+u Publishing Co., 1994. Pallasmaa, Juhani. The eyes of the skin – Architecture and the Senses. Great Britain: Academy Editions, 1994. Yusufzai, Zinat. â€Å"The Lucidity of Place.† Thesis of Master of Architecture in the Virginia Polytechnic Institute and State University (2001): 10-20. http://scholar.lib.vt.edu/theses/available/etd-11302001-161439/unrestricted/thesis-low-res.pdf (accessed February 19, 2014).

Forum on China-Africa Cooperation - Addis Ababa Action Plan :: Politics Political

Forum on China-Africa Cooperation - Addis Ababa Action Plan 1.1 We, the ministers in charge of foreign affairs and international economic cooperation from China and 44 African countries, met in Addis Ababa, capital of Ethiopia from 15-16 December 2003 for the Second Ministerial Conference of the Forum on China-Africa Cooperation. 1.2 In conformity with the principles and objectives of intensifying consultations and expanding cooperation as upheld by the Forum on China-Africa Cooperation (hereinafter the "Forum"), we reviewed the progress of joint implementation by China and African countries (hereinafter the "Two Sides") of the follow-up actions of the Forum on China-Africa Cooperation-Ministerial Conference Beijing 2000, held consultations on cooperation between the Two Sides in the fields listed below for the period from 2004 to 2006 and adopted unanimously this Action Plan. 1.3 We are convinced that the Action Plan will facilitate the implementation of the principles and objectives set out in the Beijing Declaration of the Forum on China-Africa Cooperation and the Programme for China-Africa Cooperation in Economic and Social Development. We are determined to make the new China-Africa partnership a highly dynamic and effective one by working together to implement the Action Plan with concrete measures. 2. POLITICAL AFFAIRS, PEACE AND SECURITY 2.1 High-level Exchanges and Political Dialogue 2.1.1 We note that since the Forum on China-Africa Cooperation-Ministerial Conference Beijing 2000, the Two Sides have maintained frequent exchange of high-level visits, which has led to a high-level political dialogue and cooperation. The Forum mechanism has improved and the consultation mechanism and dialogue channels between the Two Sides are diversified with the establishment of political consultation mechanisms and joint committees on economic cooperation and trade and on science and technology between China and some African countries, laying a sound political foundation for the implementation of the follow-up actions of the Forum and development of friendly and cooperative relations between the Two Sides in different fields. 2.1.2 We recognize the importance of high-level visits and the dialogue to enhancing consultation and cooperation between the Two Sides under the new situation and agree to promote the exchange of high-level visits and meetings between our leaders, enrich the contents of such visits and political dialogues, and with regards to peace and development and other important issues, expand common ground, coordinate positions, deepen cooperation, share experiences and pursue common development. 2.1.3 We reaffirm that the principles enshrined in the Charter of the United Nations and the Constitutive Act of the African Union, the Five Principles of Peaceful Co-existence as well as other universally recognized norms governing international relations must be respected.

Legal Studies – the Family Law Amendment (Shared Responsibility) Act 2006

The Family Law Amendment (Shared Responsibility) Act 2006 commenced on the first of July 2006 assists in the way that separating parents resolve their disputes involving the best interests of their children. This law is still taking time to make an effect on divorcing and separating parents, as sources show that shared custody arrangements or 50:50 joint custody makes little effect on the children involved in these situations. This was achieved through a major study conducted by Bruce Smyth and Bryan Rodgers who showed that children in shared care are no worse off or no better than those who see the other parent every second weekend for example [Source E]. The aim of the legislation was to change the past 1995 reforms as they failed to achieve the desired impact of separating couples [source A]. The act was created also to encourage parents to share the parenting of their children by allowing them to have equal time with both mother and father and also for the major decisions and responsibilities of the children to be distributed evenly. The law was changed because of the various groups who protested against the past regulations the law provided. The changes included the terminology, facilitation of shared parenting time and the concept that the separated parents both retain parental responsibility [Source A]. The new family law process outlined in the Every Picture Tells a Story report also creates an emphasis on parents coming to agreements in a ‘parenting plan’. There was also a proposal to create a ‘Family Tribunal’, which was where the separating parents could work their issues with consultation and counseling without the invasive use of the courts. The government also put forward $400 million to be spent on 65 family relationship centres for counseling couples [Source B]. Groups who have been against the Family Law Amendment are law academics, judges, women’s legal services, and single mother groups, [source D] because of the issue of abuse from their spouses after the separation. The act sets out that parents are to share the responsibility of the children between them, with the exclusion of abusive spouses. This therefore results in parents having to consult each other about their children’s education, religious and cultural upbringing, health, change of name, and also place of residence [Source A]. Also included in the act is that counseling would be offered to parents in assisting them to reach an agreement between both parties, and child support doesn’t have to be given until six weeks after the parents have separated. The Act only previously allowing grandparents contact through applications however rights have been elevated and the relationship between the children and grandparents are taken directly into consideration when making the arrangements in the parenting plan. The presumption of equal shared responsibility in the amendment means that both parents have an equal role in making decisions about the major choices involving the children; for example what school they will attend. The presumption however does not apply to a parent who has engaged in any abuse, violence or neglect towards the child, and was not included in the previous Act. With this the Act strives to provide the parents with equal shared responsibility which means the child spends a reasonably even amount of time with each parent (if it is in the best interest of the child). The main issue of the legislation is the increase in funding necessary for the Act to go ahead, as the proposals put forward for the committee, family centres, and other programs require a great deal of money to be established. Tax payers are forced to contribute more so that these can be provided, however in saying this establishing the inquisitorial tribunal creates a more level playing field for separating partners, particularly if one party cannot afford private legal representation [Source A]. In excluding legal representation, which is what happens in this process, creates a lesser need for lawyers to be involved in family matters, therefore those representing families will no longer be needed. According to the National Association of Community Legal Centres they suggest that the new family law and processes â€Å"may be harmful to children† [Source B]. Compulsory mediation may force separated parents to communicate and associate with their former abusive partners, who may blackmail or force that parent to agree to an arrangement that benefits the abuser. This leads to a lifetime of fear and anticipation of more abusive from the former partner. According to the legislation, if a report or suspicion of abuse has arisen, the mediation will not go forward nor will it agree to unsafe parenting arrangements. While some children benefit from the equal shared parenting arrangements, it doesn’t mean that some are better or worse off than others. Joint physical custody has been found to be workable only in a minority of separations where parents have freely chosen the arrangement. The cases in which the shared parenting has generally worked is when there is no record of abuse or conflict and when there is commitment from both parents. [Source C]. Throughout this whole process the mediation is voluntary, and can stop at any time as the couples wish. The parties have access to legal advice, either during the mediation or before signing any mediated agreement [Source B]. There are many financial problems with this Act, as separated parents have to pay for the children independently and cannot find stability with their finances in order to pay for schooling, health and so forth. There is also the major issue that is domestic violence. The Act reinforced a fine for making false allegations about abuse and therefore some parents were pressured into making parental agreements that involved the abuser. This also made some victims too scared to tell courts about abuse or violence directed at their children [Source F]. This law is affective, however could be revised in order to benefit the parents. The financial problems that are caused by this law are unavoidable for some families, as one parent or both may struggle to afford to make ends meet. The court could evaluate each parent’s financial status and the ability of them to be economically safe in order to enable them to be able to raise the children effectively. However in saying this, the court should not take children off one parent if they are not capable to pay for the child, especially if the other parent is reportedly an abuser. Abusive parents should be constantly monitored whilst mediating with the other parent (if the victim wants mediation) and the child should have a say in which parent they think is able to look after them. Abusive spouses should not be allowed any contact with the victim while proceedings are happening, so that they do not coerce the other parent into an unfair parenting agreement. The abused parent should also be supervised during this period so that it is seen that they are not influenced or blackmailed by the abuser. The Act should focus more on the child’s need than the parents. While both parents have equal shared responsibility, the child should be involved in the parenting agreements and have a fair say in what happens to them. It is argued that the Act focuses more on the parent’s rights than the children’s needs, and that the reforms favor fathers more than mothers [Source F]. In conclusion, it is believed that the Act is not effective however has improved the rights of equal responsibility between parents. It is said that shared care is proving successful for many parents, [Source E] however parents are the only beneficiaries from this because the arrangement aids them more than the child, as the Act is more in the parents favor than the children’s. The Act should be revaluated so that it is beneficial to all parties.

Trap Ease America.

Trap-Ease America 1. Martha and the investors in Trap-Ease seem to face a â€Å"once-in-a-lifetime opportunity. † What information do they need to evaluate this opportunity? What do you think the investor group would write as its â€Å"mission statement? † The information that is needed for Martha and her investors to evaluate their opportunity is setting attainable objectives and goals for their product. Their Mission statement would probably be â€Å"To help you control your pest problem with ease. † 2. Who is identified as Trap-Ease’s target market?Are there other possible market segments that the firm could target? Trap-Ease’s target market is geared toward women, because they are the ones that are home with the kids and are a safer alternative when it comes to kids and mouse traps. There are other Targets, such as farmers. 3. How is the product positioned relative to the selected target market in the case? Are there other ways to position the p roduct? The placement of the Product in various Stores such as KMart, grocery stores, and the drug stores are great, because women are most often in those places doing shopping for household items.They could have created some kind of infomercial to get TV viewers attention. 4. What marketing mix has Trap-Ease established? Do you see any problems with this mix? Trap-Ease and an integrated marketing mix, they had a good Product, at a reasonable Price, they were available at different Places, and the Promotion was through the publicity it had gotten. 5. Who is Trap-Ease’s competition? Trap-Ease’s competition is Producers of the traditional spring-loaded traps.

Minority Cultures in Mississippi Essay

The purpose of this paper is to develop a better understanding of African American and Mexican American cultures in my region and their importance to United States society, as well as relating their similarities and differences to each other and my own culture. This will be done in an effort to develop skills that assist me in providing my future students the opportunity to value diversity and overcome cultural barriers and biases. This paper covers various aspects of each culture, beginning with the beliefs and traditions of each culture. In addition to those areas, the facets of religion, holidays, and foods of great significance to each culture are explored. Finally, the most meaningful area in relation to my teaching success is analyzed. The area of education is considered, focusing on educational aspirations as well as the professions of members of these cultures due to their educational backgrounds. After examining all of the aspects, the cultures will be compared and contrasted in an effort to learn how to overcome cultural differences. African American Family Life Family life is one of the most important aspects in the African American culture. This belief stems from both their African roots and early slavery. Keeping family members close was important in both tribal Africa and among slaves. Your family is believed to give you strength and support; this belief is still widely practiced today. African American families frequently visit both immediate as well as extended family. In fact, neighborhood barbeques and parties are a common occurrence. African American families also hold family reunions yearly, which include several surnames of families who may be closely related or as distant as fourteenth cousins or more. Often times, non-relatives are also invited and treated as family. Many African American neighborhoods are close-knit communities who often spend much of their spare time socializing with one another. Because of this closeness, many non-relatives become known as â€Å"play† family. These â€Å"play† family members have become such good friends to the family that they are treated as members of the extended family. The elderly are regarded as the head of the family and are given the utmost respect. To the African American culture, living a long life means the person is very wise and is often the first source for advice. An elder is believed to have led a fulfilled life and the funeral, therefore, is often celebrated as a joyous occasion. To the African American culture, death is simply passing from one realm of life to another. They believe their loved one is leaving the evils of this world behind for a utopia, so there is often a party after the burial service. African American Hairstyles and Names Many African American beliefs and traditions can be traced back to their original African roots. Locks and braiding are two of these. They are widely practiced hairstyles among African Americans today. Both types of hairstyles were started by tribes in Africa. Locks, commonly called dread-locks, are common among the tribes of South Africa. Because water is scarce and dust is prevalent in that area, locks are popular due to their ease of maintenance. Braiding, on the other hand, is an aspect of worth among Western African tribes. Often, the men of tribes there receive a braided lock for achieving a substantial accomplishment. Both of these traditional African hairstyles made their way to the United States with the slaves and are still of great importance to African American culture today, as a method of displaying pride in their historical roots. Another aspect of African American culture with ties to Africa is naming children. Children are often given names with African roots. However, the members of the African American culture have also developed a set of names, which are uniquely African American. They often add the prefixes of La-, Le-, and Da- to their children’s names, which is exclusive only to their culture. African American Music African American culture has given United States society various styles of music in the form of religious hymns and spirituals, jazz, blues, and hip-hop. Spirituals began with slaves on the plantations. They were often used to send secret messages between each other because the plantation owners could not understand their meanings. These songs were religious folk songs based on African music styles and were improvisational. The spirituals used various musical aspects from smooth flowing styles, which led to the sensual sounds of jazz, to sadness and despair, which led to the blues, to spoken-word singsong, which eventually led to hip-hop. â€Å"Ethnomusicologists trace hip-hop’s roots to the dance, drum, and song of West African griots, or storytellers, its pairing of word and music, and the manifestation of the painful journey of slaves who survived the middle passage† (McBride, 2007, p. 102). African American Language The American English language was also greatly influenced by the African American culture, especially in the Southern United States. â€Å"African American Vernacular English (AAVE) is a variation of the American English language closely associated with the speech of African Americans† (Coulmas, 2005, p. 177). AAVE is considered by many as slang, and it is in prevalent use by African Americans, as well as other cultures, all over the United States today. African American Religion The Black Church has historically been a source of hope and strength for the African American community. Religion is an essential and integral part of their lives, with approximately 85 percent of African Americans belonging to a Protestant denomination. In the African American society, God is viewed as the source of both good health and serious illness. The most common method of treating illness in the African American culture is prayer. It is expected in most churches that an individual should present their best appearance for worship. African American women in particular are known for wearing vibrant dresses and suits. The Black Church is one of intense enthusiasm and high emotion. African American author W. E. B. DuBois perhaps captured the spirit of the Black Church best by stating, â€Å"Even in the midst of preaching, the worshipers carried on a dialogue with the preacher by shouting approvals or calling out remarks aimed at encouraging him to work harder to reach his point† (DuBois, 2005, pp. 184 – 185). It is not uncommon to hear an African American congregation shouting â€Å"Amen! † or â€Å"Preach it, Brother! † or â€Å"You tell ‘em, Reverend† in agreeance with their pastor or to hear the choir echoing â€Å"Well? † behind the pulpit to advance the pastor’s next words. The entire world could learn from the African American culture’s passion for Christ. African American Holidays The African American culture has several holidays which not only help its members connect to their historical roots but assist the rest of society in identifying the significant impact African Americans have had on shaping the United States. One way this is done is through Black History Month. Each February, television networks and schools throughout the United States celebrate the contributions of various African Americans to the world. One of the individuals focused on during Black History Month is Martin Luther King Jr. , whose quest for equality, peace, and civil rights was so powerful in shaping American society that his birthday is another important holiday in the African American culture. Now recognized as a national federal holiday, Martin Luther King Jr. Day is celebrated nationwide on January 15. Another significant holiday is Juneteenth. The news of the Emancipation Proclamation signing reached the slaves of the South on June 19, 1865, and the slaves responded by having a huge celebration. Today, Juneteenth allows African Americans the opportunity to celebrate freedom and is celebrated all over the United States with food, storytelling, games, music, and African American culture. â€Å"Each year, over thirteen million African Americans celebrate Kwanzaa† (Penn State College of Agricultural Sciences, 2003, p. 57). This holiday uses customs from the harvest celebrations of Africa and was developed to help African Americans celebrate their heritage. This holiday lasts seven days and focuses on seven principles of the Swahili people. Upon a unity mat sits a candleholder with seven candles, and one candle is lit each day to represent one of the principles. Christmas is another important holiday for African Americans because of the Black Nativity play performed in many churches. Originally written by Langston Hughes, it is a retelling of the classic nativity story, only with an entirely African American cast and gospel style Christmas carols. A major performance of this play is held yearly in Boston at Tremont Temple by The National Center of Afro-American Artists (NCAAA), who refer to Black Nativity as, â€Å"a legendary Christmas event and the Black community’s Christmas gift to the world† (NCAAA, 2008). African American Foods The foods of the African Americans also play an important role in most cultures of the United Stated. These foods, commonly referred to as soul food, have become widely popular throughout the United States. Many of these foods such as black-eyed peas, cornbread, greens, sweet potatoes, macaroni and cheese, and deep fried foods were originally eaten in Africa and made their way to the United States with the slaves. While others, such as chitlins, neck bones, and ham hocks, were created by the slaves out of necessity. During their time in captivity, they were only fed the scraps that their owners would not eat, ant they had to discover methods of cooking these items in such a way that they would be edible. African American Education and Employment African Americans in Mississippi unfortunately live in one of the poorest states in the country, and their education is influenced by that factor. The poor economic state of Mississippi greatly hinders the public school system here due to lack of funding. In the Mississippi Delta, where the population is almost entirely African American, â€Å"the economy is so depleted that obtaining a quality education is extremely difficult† (U. S. Commission on Civil Rights, 2001, p. 36). The lack of a quality education hinders Mississippi’s number of high school and college graduates, but for African Americans the number is extremely grave. Only 47. 3 percent of African American students in Mississippi will earn a high school diploma, and of that percentage, only 8. 8 percent of them will go on to earn a bachelor’s degree or higher† (U. S. Commission on Civil Rights, 2001, p. 36). It is a widely known fact that not graduating high school greatly influences a person’s financial and professional future. With less than half of the African American population of Mississippi graduating high school, the poverty level among these individuals is obviously high. The number of African American families living below poverty level is tremendous, especially in majority-black communities like one would find in the Mississippi Delta. â€Å"The percentage of black families with incomes below the poverty level runs from a low of 46. 4 percent in Washington County to a high of 68 percent in Tunica County, and most Mississippi counties are marked by double-digit unemployment rates† (U. S. Commission on Civil Rights, 2001, p. 1 – 2). The individuals who are employed are most likely employed in a position that pays the federal minimum wage rate, such as fast food or retail chains, due to the low high school graduation rate. Overall, the African American culture in Mississippi is at a great disadvantage when it comes to educational and professional success. Mexican American Family Life Family closeness is an important aspect of Mexican American culture, as well. Not only do the members of this culture spend a great deal of time with their families, but they often all live together under one roof. It is not uncommon for grandparents, parents, children, cousins, aunts, and uncles to all live in the same home. The entire family is involved in all aspects of each other’s lives, with the elders being the most respected and revered members of the family. Children are expected to honor their families no matter the circumstances. Their actions must never bring shame to their family, and traditional Mexican American families are very strict on their children in an effort to keep them from participating in dishonorable acts. These values of honor, respect, and family endearment are carried out in death as well. When a loved one passes away, they are dressed in special clothing and stay in the family home overnight. While in the family home, a wake is held, and friends and family bring food to serve at the wake. Only the family then accompanies the body to the grave. No service is held, but the family members sing religious Spanish hymns. â€Å"Most significant is the perspective on death held by many Mexican American Catholics that, rather than an end, death is seen as a new beginning† (Diaz-Stevens & Stevens Arroyo, 1998, p. 73). Because of this view, for years after the original wake, on the same date, those who attended it will reunite to celebrate the life and passing of their loved one. Mexican American Names and Language For the most part, Mexican Americans stay true to their original Mexican heritage and culture. While a few Mexican American families choose to name their children more traditional American names, the majority of parents choose names with Mexican ties and meanings, like Javier, Joaquin, Carmen, and Rosa. Another way, Mexican Americans stay connected to their heritage is through their language. Even fluent English speakers tend to speak Spanish with other members of their culture, as opposed to English. Mexican American parents who choose to teach their children to speak English teach them Spanish as well and most often speak to them in the Spanish language. Mexican Americans also choose to incorporate Spanish music and television into their daily lives. In fact, the interest is so high among Mexican Americans to have Spanish television in the United States that cable and satellite providers have special packages created especially for the Hispanic people, which include channels from Mexico such as Telemundo and Univision. Mexican American Quinces Another tradition of Mexican American families is a quince. â€Å"No matter how Americanized a Latina is, chances are she will look forward to her quince. No matter how economically tight her parents might be, they will maintain the tradition† (Figueredo, 2002, p. 152). A quince is the Mexican equivalent to a sweet sixteen party combined with a debutant ball. The quince takes place on a girl’s fifteenth birthday and is very formal. The birthday girl has several female maids and male escorts in her court. The court makes its grand entrance, and the birthday girl and her father begin to waltz. Soon, the entire court joins in, and once the waltz is complete, the party continues, as would an American sweet sixteen party. Mexican American Religion Religion and prayer are very important to the Mexican American culture. â€Å"Approximately 80 percent of the Mexican American population is of the Catholic faith† (Figueredo, 2002, p. 166). Mexican Americans are a very superstitious people, frequently wearing medallions or amulets for protection. The prevention of illness and unfortunate events is believed to be accomplished with prayer, wearing religious relics, and keeping religious charms in the home. Many homes have shrines for prayer in them; these shrines contain religious statues, pictures of various saints, and prayer candles. The family members gather at these shrines, light the prayer candles and rigorously pray. Mexican American Holidays Holidays are of great significance in the Mexican culture, and many of the holidays celebrated in Mexico are still celebrated by Mexican Americans in the United States. Semana Santa celebrates the Christian holiday of Easter and runs from Palm Sunday to Easter Sunday. The most essential aspect of this holiday is attending mass on both Good Friday and Easter Sunday. â€Å"Live representations of Jesus Christ’s crucifixion take place in many communities†¦people from the communities assume the roles of Jesus, Virgin Mary, St. Peter, St. John, and many other characters† (Michigan State University, 2008). Cinco de Mayo is celebrated yearly on May 5 and commemorates the defeat of the French army by the Mexicans at The Battle of Puebla in 1862. â€Å"This victory gave the Mexican people pride in their country and the spirit of freedom and is celebrated in various parts of Mexico and in U. S. cities with a significant Mexican American population† (Michigan State University, 2008). The Day of the Dead is a celebration that represents the unity between life and death. On October 31, relatives decorate the gravesite of their loved ones in preparation for the return of their loved one’s soul. They also decorate an altar at their home with photos of the loved one and some of the loved one’s favorite items. The Feast of Our Lady Guadalupe is a very important religious holiday among Mexican Americans. It is believed that a female appeared to an Indian, outside of Mexico City, and said she was the mother of God. She left an image of herself on his cactus-cloth. â€Å"It [the cloth] should have deteriorated in twenty years but shows no sign of decay 477 years later† (Michigan State University, 2008). She has become a prestigious religious figure for Mexican American Catholics, and her holiday is celebrated on December 12 each year by attending a special mass service. The Christmas holiday season for the Mexican American culture runs from December 16 through February 2 each year and is combined with traditional Christian aspects as well as special Mexican festivities. The first of these is Las Posadas, which is nine consecutive days of candlelight processions and parties. Neighborhood families gather to reenact the holy family’s night in Bethlehem. The breaking of the pinata is a very important aspect of this holiday. The second of these is Noche Buena, which is the peak of holiday festivities, with the celebration of a midnight mass on Christmas Eve. After the mass, the families enjoy a traditional Christmas supper, common to the United States, of turkey, ham, and other common Christmas dinner items. The family then opens gifts and celebrates with a pinata and sparklers. Christmas Day is traditionally set aside for rest. The final of these celebrations occurs on January 6 and is called Dia de Los Tres Reyes Magos. This day celebrates the arrival of the Wise Men in Bethlehem. Mexican American children wake up to toys and other gifts. Rosca de Reyes is served on this day, which is a crown-shaped sweet bread decorated with jewel-like candied fruits and a tiny plastic baby hidden inside. Whoever finds the baby in their piece is required to host a party before the Christmas holiday season ends on February 2. Mexican American Foods â€Å"Tex-Mex is a term used to describe a regional American cuisine that blends food products available in the United States and the culinary creations of Mexican Americans influenced by the cuisines of Mexico† (Barrios Trevino, 2002, p. 3). Many dishes such as chili, fajitas, salsa, quesadillas, burritos, and nachos are not true Mexican dishes but were invented in the United States by Mexican Americans. Even dishes cooked here that originated in Mexico, like tacos, are not prepared in the same manner they would be in Mexico. While Mexican American Tex-Mex dishes are cooked to be hot, topped with tons of cheese, and served in large portions, true Mexican dishes are exactly the opposite. Therefore, Mexican Americans coined their own style of cooking and created some of the United States most loved dishes. Mexican American Education and Employment Unfortunately, the graduation rates for Mexican Americans are very low. The language barrier between the Mexican American culture and the English speaking population of the United States combined with the obligation on many Mexican Americans to work to help support family in Mexico no doubt contribute to this. â€Å"Only about half, 48. 7 percent, of the Mexican American population complete their high school education, and a mere 15. 4 percent of those students earn at least a bachelor’s degree† (U. S. Dept of Commerce Bureau of the Census, 2003 p. 5). The majority of Mexican Americans gain employment at blue-collar jobs such as construction or in the restaurant industry. Many Mexican Americans come to the United States illegally, which causes them to look for employment with employers who will look past their status. Being here illegally or working a blue-collar job means that most Mexican Americans must settle for low wages of minimum wage or slightly higher. Similarities Between the Two Cultures Conducting this research led to the surprising discovery of several similarities. Both cultures desire to remain close to their families, both immediate and extended, by not only seeing each other often but also buy having parties and get-togethers. Both cultures rely greatly on the elderly members of their culture for their knowledge and advice and treat them with the utmost respect and endearment. While the actual proceedings of the funeral are quite different, the cultures are the same in that they see death as a new beginning and, therefore, a cause for celebration. Both cultures are also proud of their heritage. This can be seen in everything from their celebratory traditions during certain holidays to giving their children names, which are unique to their culture. Another similarity is the strong part religion and prayer play in the lives of the members of each culture. In both cultures, prayer is believed to provide comfort and protection. Finally, the most disheartening theme which is common among both cultures is the high dropout rate among high school students and the fact that most members of each culture are employed in low paying positions either due to a lack of education or opportunity. Differences Among the Two Cultures As suspected, the research also led to the discovery of many differences among the cultures as well. As previously mentioned, the burial process of a loved one is quite different among the cultures. African Americans tend to have elaborate, celebratory services honoring the life of their loved one and invite all friends and family members to the burial service. The body is usually sent to a funeral home for preparation and burial. Mexican Americans, on the other hand, keep the body in their home and invite friends and family to pay their respects during a wake. The body is initially prepared by the family for the wake, and only family members attend the actual burial. Although African American families work hard to keep their families close, only their immediate family lives in the home with them unless circumstances cause otherwise, while Mexican Americans quite often live in a home with many relatives of both their immediate and extended family. Their religions and religious practices are also very different. Most all African Americans are of a Protestant denomination, while most all Mexican Americans are Catholic. The Catholic services of Mexican Americans tend to be very quiet and solemn, while African American services are very loud, emotional affairs, with frequent shouts of praise and singing. Shrines are also very important to Mexican American prayer, while African Americans choose to pray almost anywhere. They do not feel the need to pray at a particular place or around particular items. Another major difference is in the types of foods each culture consumes. African Americans tend to eat a lot of vegetables and fried foods, heavy in salt. Mexican Americans, however, eat meals, which include a lot of meat and tortillas with very few vegetables, which include tomatoes, onions, and hot peppers. Applying the Project to the Classroom Recognizing the characteristics of each culture, along with the similarities and differences in each culture, will assist one in overcoming cultural barriers and biases. The information in this project will prove to be very useful inside a classroom. It could be used in several ways, the first being to teach students about each culture. The second way would be to teach students how the cultures are alike or different. The final way would help students compare the cultures to their own. One way this information could be applied is by teaching students about a holiday unique to one of the cultures. For example, on or close to December 16, the teacher could ask the students to come to school dressed as a character from the nativity story such as an angel, a Wise Man, or a shepherd. Then, after studying about Las Posadas and even having a Mexican American student tell a story about the holiday if possible, the students could parade up and down the hallways of the school and end their festivities by taking turns trying to break a pinata. Another way this information could be applied is to have the children write a story about a family celebration or gathering and then having each student read their story aloud. By doing this, each child will have the opportunity to see similarities and differences between each cultural group represented in the classroom. This would also help minority groups such as African Americans and Mexican Americans identify with majority students and move toward forming bonds. A final way this information could be applied is by studying the foods eaten by both cultures. The teacher could read a story about the foods of both cultures and explain the origins of each culture’s foods. During this lesson, the students should sample various foods from both cultures. By doing this, the students will not only be learning about another culture and receiving the opportunity to try something new but will also most likely discover that they have already had many of the foods from both cultures but were unaware of it. Each culture has aspects, which are unique only to that culture. However, both cultures also have aspects, which can be related to one’s own culture. In any event, both cultures are uniquely beautiful and contribute to the United States society and culture as a whole and should therefore not only be respected but also treasured. In its own way, each culture, combined with all of the other cultures of the United States people make our nation the greatly extraordinary country that it is. ? References Barrios Trevino, D. (2002). Los Barrios family cookbook: Tex-Mex recipes from the heart of San Antonio. New York, NY: Villard Books. (Primary Source) Coulmas, F. (2005). Sociolinguistics: The study of speakers’ choices. Cambridge, MA: Cambridge University Press. (Secondary Source) Diaz-Stevens, A. M. & Stevens Arroyo, A. M. (1998). Recognizing the Latino resurgence in U. S. religion. Boulder, CO: Westview Press. (Secondary Source) DuBois, W. E. B. (2005). The souls of black folk. New York, NY: Simon and Schuster. (Primary Source) Figueredo, D. H. (2002). The complete idiot’s guide to Latino history and culture. New York, NY: Alpha Books. (Secondary Source) McBride, J (2007, April). Hip hop planet. National Geographic, 211(4), 100-118. (Secondary Source) Michigan State University Teaching Hispanic Cultures of the Americas Institute (2008). Learning about Hispanic cultures through the study of Latino and Mexican holidays, celebrations and traditions. Retrieved June 28, 2009, from http://www. educ. msu. edu/teachglobal/Americas/module1. html (Primary Source) National Center of Afro-American Artists (2008). Black nativity. Retrieved June 27, 2009, from http://www. blacknativity. org/about/index. html (Secondary Source) Penn State College of Agricultural Sciences (2003). Guide to exploring African American culture. Retrieved June 28, 2009, from http://pubs. cas. psu. edu/FreePubs/pdfs/agrs92. pdf (Primary Source) U. S. Commission on Civil Rights (2001). Racial and ethnic tensions in American communities: Poverty, inequality, and discrimination the Mississippi delta report. Retrieved June 28, 2009, from http://www. usccr. gov/pubs/msdelta/main. htm (Primary Source) U. S. Dept of Commerce Bureau of the Census (2003). We the American: Hispanics. Retrieved June 26, 2009, from http://www. census. gov/apsd/wepeople/we-2r. pdf (Primary Source)

China vs. the World: Whose Technology Is It?

China vs. The world: Whose technology is it? Executive summary China, the country with incredible fast-growing speed of development, now is becoming more attractive to Western investing companies than ever. China governments know that and they try to take advantage over that point by forcing the multinational companies to share technology in the exchange of future investing opportunities. This strategy has created a lot of argument and discontent between China government and foreign companies. China government recognized the importance of technologies and investment in R&D in the processing of becoming the world’s top five economies.They developed three-pronged plans to solve this problem, mainly by investing in certain industries, by learning and generating economics scale, and by receiving technologies from foreign partners. Chinese government also know that it is possible to lose their foreign partners’ investment to other emerging countries while they still depend m uch on technology of Western and developed countries( Japan, Korea). Many strategies are processed by government to limit the control of the foreign companies over the domestic market and to support their own players.For instance, multinational companies only could hold 49% of the equity stake of new company or 70% of each system had to be locally. In the software industries, government decreases tax for domestic companies, they require the foreign software has to disclose their source and requires the software version for China. Local banks even give loans with below-market rate to domestic companies. However some certain industries of China are still unable to compete with strong and competitive foreign companies. The conflicts between China and the U. S. have been raised due to China’s policies.The author mentioned that the main reason is because of the basic difference of policy and culture: China focuses on saving for future and U. S. cares about current consumptions. Ho wever in the bright side both of them are pragmatic, operate at the top and both of them want to enhance the trade flow between two countries. Among the interaction between China and the U. S. the multinational companies have to find their own ways to adjust and overcome that tension. For most foreign companies that want to succeed in China market, teaming up the Chinese executive and making themselves indispensible to the Chinese government is essential.Once they have something that China wants and no one else has, they are able to win the bargain with Chinese government. However it is rare exception, mostly they are still learning to protect their intellectual property in China. Personal arguments The article brought up the very interesting topic of China and its role in global economy in the 21st century. It helps us to understand how China government is heading for and how they use their policies to fight in the global market.If China succeeds in these policies to promote the hi gh-technology, we would likely to see a boom technological boom in some years since the market became more competitive, both China and developed countries would be pressed to gain new innovation with faster speed or else they would be able to lose the market share to their competitors. After all, the one who get benefits most is consumers because now we can easily purchase high-tech products with affordable price, it changed the high-tech products from niche product to become mass product.Besides, it looks like Chinese government is trying to learn the lesson from Japan in the past. After the post-war, Japan was successful in buying technology from the west. It started developing high- tech products and production facilities. Lastly, from China’s point of view, China’s current policy is very helpful to meet the urgent requirement of development. However for the long-term, Chinese government need to gain their own resource of technology and innovation. Otherwise in some situation they will lose in bargaining with their foreign partners because they can always shift to other emerging countries.

Ethical Issues in International Business Essay

Tip usually refers to an offer made after services have been rendered. It is not of a legal concern. However, bribing is something of serious concern and it is questionable. Bribing to get a business contract is to secure favor against a party. However, when tip is offered in large amount in order to get a bigger table, it cannot be said as similar to bribing. But it has very little ethical concern compared to bribing for securing a business contract. Securing a better table is having a favor by offering a heavy tip but it does not stand equivalent to bribery. Bribing is more serious because it can affect business dealings and contract loss of the opposing party against which bribe is offered. For example, if two parties wanted to have same contract, but one of them bribed to gain the contract then the other party is a looser and lost their contract and business. So just securing a good table is not of very serious concern as compared to securing of business contract. Bribing is to harm others and gain favor when other party was strong enough to beat the competition. Securing a better table is much less serious issue and it does not involve any legal concerns and does not harm others. But though, it is just getting an advantage over others and getting better place than others. But now-a-days people have started offering heavy tips to have a better table. The moral here is this that thinking of oneself as more important than others. Though in both cases it somewhat looks the same that you’re offering money to get favor and advantage over others. But deeper consequences, legal issues and ethical issues are involved in case of bribing. Securing a table does not involve any legal issues or ethical issues of deeper concern. Tipping cannot be said compatible to bribing. Bribery is far more immoral attitude compared to securing a table. It involves breaking a deal with one party when it already had 90% chances to secure the deal before bribery. Hence, the company who actually deserved the right to have a contract looses it and the one who were not qualified get the deal by offering bribe. Thus, it is an immoral approach, promise breaking, and snatching of rights of other party. It may also involve some legal issues when damages incurred are severe because of bribe. Alienation of agency is one of the worst immoralities, and it happens when bribe-taker’s company breaks the deal or contract with another party after receiving the bribe. There are several other severe consequences of bribe apart from alienation of agency (Andrade, 1985). Therefore, it is understandable that bribe is totally an immoral act. And sometimes it becomes so necessary to bribe that in certain countries nothing gets done if you don’t give bribe (Koukl, 1996). Bribe also results in injustice and prevent justice among the parties. Securing a good table at restaurant, though, to seek a better place in restaurant and to have better service and favor over others is not a severe case as bribery is. Many restaurant owners admit that there is ‘little choice between the tables and only to make more money we reserve some fancy tables. ’ Our morals and ethical issues are not much of concern in having better table. But bribery has several and immoral consequences.

Formal Research-based Proposal Essay Example | Topics and Well Written Essays - 2250 words

Formal Research-based Proposal - Essay Example The National Cancer Institute provides updated information on the deathly costs of smoking: â€Å"People who smoke are up to six times more likely to suffer a heart attack than nonsmokers, and the risk increases with the number of cigarettes smoked. Smoking also causes most cases of chronic lung disease.† Clara Phyllis, an employee in the organization, testified to the harms of smoking: â€Å"I’ve been smoking since I was 14 years old. Now, I have lung cancer. I wish I quit earlier.† Cigarette smoking is connected to the productivity of employees and the performance of the organization because it impacts their welfare. Smokers are three times likely to be absent or late because of their smoking-related illnesses, John Hopkins, a human resource staff, reports. Hopkins underscores the need for addressing smoking at work because he notes that people spend more time working than at other places. He advocates for a centralized effort in addressing this health and firm problem. Since smoking occurs at the workplace, it is important that the company implement a comprehensive workplace-smoking program to benefit the employees and the organization. This paper proposes a wide-ranging workplace-smoking program for the company. Background The organization needs a program that will address the needs of educating smoking employees about the consequences of their smoking and helping them to quit this bad habit. Alley Dimple, another HR staff, has recently collected information about smokers at work. She says: â€Å"Around 5 out of 10 people are smoking several times a day. Many of them are constantly sick with colds and other smoking-related diseases. They are more absent, or late, or in need of medical insurance because of smoking.† Her report shows the urgency of addressing smoking because it affects the health of the employees, while reducing their respective performance. Dimple notes that people need to be educated in why they have to stop smok ing and how they can do it: â€Å"Smokers need guidance. They need to be directed on their way towards recovery. This addiction can be stopped, but it is not something they can or we can do overnight.† She emphasizes the importance of education at the workplace to this effort. Smokers can change their smoking behaviors through education and other organization forms of support. HR staff Hopkins agrees with Dimple that firms need to support smoking cessation programs: â€Å"Smokers are not fully aware of the impacts of their smoking on themselves on others. At the same time, they need help quitting their bad habit. Getting help, however, is not something they do voluntarily easily.† He underscores the role of companies as networks of support. Healey and Zimmerman assert in their book that workplace smoking cessation programs are â€Å"more cost effective than many other clinical prevention services† (321). Adult smokers quit more rapidly when their workplaces are supportive of their efforts (Healey and Zimmerman 321). Apparently, a workplace systems approach can be used to understand the impact of organizations on employees. See figure 1, The Smoker in the Workplace. It explains the environmental factors that impact smoking cessation. Figure 1: The Smoker in the