Intellectual Property Right Essay

1. Do you believe that the worldwide business network is as a rule too remiss about the maltreatment of licensed innovation right? Are universal organizations basically reluctant to stand up because of a paranoid fear of imperiling access to alluring markets? As we would like to think, the worldwide business network isn't in effect too remiss about the maltreatment of protected innovation right. It is on the grounds that there is an incredible impetus to mishandle protected innovation rights since it gave lawful right to the innovator of the item. Those nations are not ignoring the counter theft guidelines and some other lawful standards identified with protected innovation rights yet they can't control the expansion of creation and circulation of fake items that spread generally particularly in Asian countries. Hence, nearby legislatures of those nations are experiencing issues to deal with and deal with the real encroachment circumstances. In reality, it is hard for a nation that careless antipiracy rules to battle against the robbery cases since it can harm the business relations with others. We don't believe that they hesitant to stand up because of a paranoid fear of endangering access to appealing markets however it is expected the way that adequate shields and legitimate activities for robbery have not been taken up until now and a few regions of law should be fortified. In light of numerous cases with respect to robbery, licensed innovation laws and guidelines are fine however poor requirement is to be faulted for high paces of theft and some nation’s administrative body permit a forger to evacuate an encroaching trademark and still sell the unacceptable products. This demonstrates a few nations trifle with it as they discover the circumstance is normal and they have no preferred position to against it.

The Fashion of Warriors

Diaries off Secret Empire . Samurai I PBS Search Support for PBS. Organization gave by: What's this? Sam air warriors me encouraged as a world class power in Japan's prop creeps during the mid 1 twentieth century . Enrolled by nearby chieftains, these battling powers were m kept up sufficiently long to wage a particular war, after which the fighters would come back to their properties to till the dirt. With Japan's me appropriate live ins in the old capital of Ky tot and incapable to m keep up control of the prop inches, the Sam air families built up them sell sees as v table political entities.By the late 1 2 the century , Sam quality rulers controlled both the prop inches and focal Japan. They m kept up their impact until the m id-1 87 g's the point at which the Sam air class was prohibited and their privy edge status was break down deed. Samurai warriors were at the highest point of the social request CASTE POSITION The Sam quality class, â€Å"shim in,† structure deed Japa n's top tip top, and were the main station allowed the privy master of wearing two blades and have ins two name sees?a distinction sick and a first name e.The shoguns and Adam y o rulers were m me lagers of the shim in standing. At that point and NOW Modern Japan still m keeps up a culture dependent on the incepts of 1/3 The thorough preparing of a Sam emanation warrior started in adolescence. Sam quality school was a special com plague of pay sisal preparing, Chinese examinations, verse and profound control. The y things warriors examined Keno (â€Å"the Way of the Sword†), the m oral code of the Sam atmosphere, and Zen www. PBS. Organization/realms/Japan/entered_8. HTML Buddhism .Sam quality were relied upon to live e as per Bushier (â€Å"The Way of the Warrior†), a severe moral code impacted by Confucianism that focused on LOL alt to one's m aster, regard for one's boss, moral act ROR in all parts of life and mother plate self-control. Young ladies likewise get dee d m blood vessel expressions preparing. Despite the fact that m cost Sam quality whom en didn't battle on the front line, they were set up to protect their homo sees against NV adders. The Sam atmosphere connected incredible IM versatile to the bazaar positions of their own death.If a Sam emanation kicked the bucket voluntarily, it was viewed as a v Lillian end. As opposed to endure annihilation or murmur area on account of a purification y , Sam atmosphere warriors frequently picked custom self destruction (speedup). After Outgas lye ass joined Japan, Sam atmosphere m reiteration serve frosts were once in a while required. Despite the fact that they kept on preparing day by day , Sam air steadily change deed from warriors to administrators. As townspeople obtained new riches, the Sam atmosphere, banned from taking part in com m race, discovered them sell sees in desperate bazaar positions. For m any Sam quality, harmony prompted despair. Nor and hoax e, financed mental to the Sam a tmosphere code. Sam emanation warriors took extraordinary consideration pen ling their hair, which they pulled once again into a topknot called a â€Å"chomp age. † For the fight to come, Sam emanation warriors shave deed the highest points of their heads, which decreased the warmth under their hurl y rudder test, and mineral their hair straight on the sides. At the point when not wearing steerage test, they maneuvered the side and back hair into a topknot. A Sam Uri's dress pen el was v ere IM sign and demonstrative e of status. Stunning, bright examples were considered IM m strangest and conceited.Though Sam atmosphere kids dressed flam kid restless , they became e m metal quelled in appearance after their com ins old enough Ceres non . The Sam Uri's eve ere day wear was a Kim non, typically comprising of an external and inward lay ere. Norm partner m include of silk, the nature of the Kim non relied upon the Sam Uri's pay e and status. Underneath the Kim non, the warrior w ore an undergarment. The Sam Uri's blades were standard partner push through a â€Å"Obi,† a belt folded over the midriff, and were consistently s worn on the left side.

What People Management Skills Do You Need as an Entrepreneur

What People Management Skills Do You Need as an Entrepreneur © Shutterstock.com | bizvectorIn this article, we dig deeper in the topic of People Management Skills and explore 1) what are those skills? and 2) how to improve your people management skills.INTRODUCTIONEvery business is formulated with the people who are a part of it. They can be your fellow partners or employees, who range from managers, all the way down to your peon. All of which make the foundation of any business. The strength of this foundation may be loose and breakable with a blow or may be as strong as concrete that is able to face any hardships or difficulties thrown its way.As an entrepreneur, the responsibility falls on your shoulders alone, of how strong a foundation you make. And why not, after all, you are the one who is going to be reaping most of the benefits from it. This responsibility is yours, also because as an entrepreneur, you have a much clearer perception of where you stand and where you want to get. And in order to get there, and for these people to help you achieve your aims, you need not only give them the idea of what to deliver but show them how to too.You will need to make them move with you in a synchronized manner, so you all have a singular goal to reach. You will also need to choose your management style that works best for you and your people so not only do they have to follow you but they want to too. This way you’ll be leading a successful and content team that will have had their best brought with them and hence, will be efficient too.In doing so, you will require certain People Management Skills. But what are they?People Management Skills are essentially how all the people of an organization are able to coordinate themselves effectively and work to a higher standard. Leading such, is the responsibility of the higher tier of the organization that ensures that the work is done correctly and consistently at the bar set for the people within the organization.However, People Management Skills is one such umbrella that enc ompasses a wide array of concepts and skills that induce people to deliver their best.WHAT ARE THOSE PEOPLE MANAGEMENT SKILLS?Some of these People Management Skills that one needs to implement in their business to get the most out of the people within the firm can be characterized as following:1. Communication Getting your Point throughFor any business to work well, there should be a very clear and a thorough flow of communication from the top tier of the management to the bottom tier. Only then will the problems and solutions can be heard of or dealt with complete ease and efficiency. Communication skills can further be divided into three forms that will best explain to you what they imply.a. ElaborationMost of the time, it’s observed that managers or other people in charge, only just let their subordinates know what they want of them. For example, a bank manager may only name the goal that other bank employees need to accomplish, like, increasing the number of accounts, or main tain the reserves. Or the owner of the cupcake business might just let his or her people know that he or she wants the sale of the cupcakes to go up 5 percent. In order to achieve the best out of the people working under you, this is not enough. You may have to do more than just quoting your aims and ask them to bring you results. You will need to make a better effort of explaining further as to showing them the possible ways they can achieve this or giving them a head start. For example, the bank manager could provide his sales executives with a list of possible prospect customers they can visit and convince into opening accounts in their banks, along with the major guidelines to go about it. And the cupcake business owner could provide his employees with a sample batch to take as free testers to attract more customers.b. Questioning, the right wayWhen asking questions, you should make sure to make your peers feel important and completely confident when it comes to bringing their q ueries to you. Focus on what they want and how they think they can achieve it. It may be possible that they lack certain resources or ease with which they could have performed better than without. If denied, it could negatively hamper your welfare along with that of their own. Avoid asking what is wrong and why did the issue come up in the first place. Focusing more on such inquiries can put your subordinate into an awkward situation, and they might think twice before bringing their problem to you in the future. This in turn will decrease their morale and they will never be able to give their best.c. Careful ListeningWhen listening to those under your supervision, look for what their main point is and what their stand on the particular issue is. While doing so, ask yourself if whatever that person is trying to explain to you is true, correct, or justified. When you have found your answer with a to and from question and answer session, ask yourself by what means and on which grounds is that person trying to justify their argument or opinion. Once you find yourself content with whatever the answers to such questions are, you will better be able to understand that person’s stance on that particular subject and will best be able to make a decision that is for the greater good.2. Planning it out before you beginFor any venture to prove successful, it needs to be properly planned out, and its details thoroughly scrutinized. And these skills are what are needed of an entrepreneur too.a. OrganizationPlanning requires organization. No plan works out well or is implemented as per your requirements if it has not been organized in a way that is best for execution. You may have planned various things for your little business or your work team. To remember all of it and to deliver it through the channel, it best to jot it all down either in a form of paragraphs or diagrams. This noting down of your thoughts on the matter could be done on a piece of paper, if you are more of a journal person, or if you are a tech related person, computers are your option too. The advantage of noting down all planned points is that: everyone will have the same memory of what happened and thus, any future conflicts may be prevented.b. Delegate accordinglyDelegating implies, assigning the right task to the right person, that is, per his or her experience, skills, and attitude. Such measures, if taken can ensure a form of development training and helps in motivating and inspiring an individual to give their best, all the while, polishing on their expertise, since through this, you will be making the best of use of people’s skills and their time too. Moreover, delegating frees you up to do more valuable work.3. Avoid probable ConflictsWhenever there is a crowd working simultaneously toward something, conflicts are bound to arise. So do not worry when they do. Rather, as the entrepreneur, master the skill to handle situations like these when they come your way.a. Be Obje ctive, not SubjectiveWhen faced with a conflict, make sure to focus and try to resolve only the matter at hand, staying on the issue strictly, and not bringing your feelings in the way. If you dilute the matter with mingling feelings, the conflict will get even more complicated, making it difficult to solve since that will be a subjective approach rather than an objective one. For example, if you are facing an issue with one of your peer’s behavior, point out the objective repercussions of that rather what you “feel” about it.b. Be FairFairness is one of the reasons because of which conflicts mostly arise. As the word suggests, being an entrepreneur, it falls upon you to not be prejudiced in your actions, reactions, or behaviors when dealing with your subordinates. Rather, measure everyone according to the same criterion and to the same standard. This way you will be able to eliminate many conflicts within the organization. In practical, never criticize someone for something t hat you have often been guilty of too, like getting late. Never scold anyone just because you are in a foul mood, rather than because that person is at fault. In other words, do not take wrong advantage of your authority.4. Lead the WayTo be a successful entrepreneur, you must first work on yourself, before working with others. You must be motivated and driven enough in achieving your goals regarding your business, so much, so that your energy is contagious when it comes to the people you are in charge of.The best way to motivate yourself is by setting your goals in perfect perspective for you to follow. A well laid out plan makes for a successful implementation.A good leader inspires others. It does not only make them do the work, but makes them want to do it. And that is what makes for a successful team. You could do so by:a. Facing the future with optimismLooking at your goals as if they are already paved the road to success. Do not give unrealistic hopes but steer away from pess imism. This will drive your people to be more motivated.b. Reject any unnecessary fears from your teamFor example, if your sales executives are feeling queasy to face the public for an out-field work, make sure you counsel them or do whatever is in your power, to eliminate such qualms.c. Continuous compliments and words of encouragementSuch as “Good job!” or “You can do it!” can work wonders with your team members. It not only gives them more confidence but also makes them perform better, happily.HOW TO IMPROVE YOUR PEOPLE MANAGEMENT SKILLSAlong with all the skills, that being an entrepreneur, you will need to have, and be your people’s go-to person, here is a list of things that you should follow if you want to improve your People Management Skills.Do not dwell too long on past mistakes and disappointments. Implement the phrase, “let bygones be bygones” in your life, both work and private. If you focus too much on what your teams did wrong, they will suffer under the pressure of it and will not be able to perform as well as they could in situations otherwise. Do mention the past failures and shortcomings but only to the extent of making amendments. Because as much as the last motto is of importance, “Learn from your mistakes” is too.Being aware of where you and your team lacks and changing that into possibilities rather than taking your hand out of it, is a quality, an entrepreneur should hold. Be aware, so you could improve and prosper.Never belittle anyone. Do scold when necessary and do punish when there is a failure but never go as far as to calling anyone stupid or uneducated or uncivilized or is bound to fail. This will only dishearten the other and demotivate him or her. Be objective.Up to this point, you are well aware of what are some of the basic People’s Management Skills you need to acquire to drive a successful team of hardworking efficient and result deriving individuals.However, it is not just skills you need to know of, dea ling with people requires for you to adapt to a whole new lifestyle and demeanor for your team to take notice and for them to accept you as a leader and treat you as such. In my opinion, democratic style of leadership works best for people in these times. It requires for you treat them as an equal, yet demand a certain degree of respect. The idea is to welcome all the people vital to the growth and development of your business with an energy that encourages them to give you their best. Certain general properties that you might need to adapt to be a “people’s person”.Smile: Nobody wants to be around a grumpy person, let alone work for or with one. Smile often as it gives radiates warmth and positivity.Speak Clearly: Something that gets noticed and is judged right after your physical appearance is the ability to muster up an adequate sentence. The way you speak says a lot about you. Your confidence, your worth and your skill set can all be shown just through the way you speak.Em pathize: Treat other people like you would yourself. Get into their shoes. Try and understand their position and use words such as “Ok, I understand.” This will encourage them to come to you with their problems, and you can then take charge of all the rising snags.Humor Yourself: Don’t take yourself too seriously. Throw in a little humor every now and then, even if it is at your own expense. This will lead to people respecting you as you show a genuine nature while making you seem more approachable.Bring People Together: Avoid talking behind other’s backs. Treat everybody equally. During a presentation or a simple delegation process, stop to ask if everyone is aboard.Use Adequate Body Language: Your body language says a lot about you. Keep your posture straight and business like when discussing serious matters. Nod often while listening. Turn your attention and body directly toward the person you’re talking to. Shake hands firmly. This will lead to a higher level of motiva tion and encouragement among your subordinates.If you did not know already, there are various training courses and workshops that you can also attend, that aim to help you improve your people management skills. Such training courses aim to give you basic guidelines and a thorough proficiency of how to develop teamwork spirit, how to delegate more efficiently and how to build personal credibility.You will need to ask around and be proactive in finding out any such workshops that are taking place near your area. Make sure the institutes offering such courses have a web based existence, so you could go through their course outline and compare it to that of others and choose what works best for you. If you’re willing to spend money, make sure you spend it in the right direction so when you walk out of that seminar, you consider yourself more learned.You will also find several questionnaires online, that, through carefully planned out questions, give you a score of how you did and show you where you stand when it comes to your people management skills. These are free of cost and highly informative. You could attempt these over and over until you get a perfect score.

Alchemy as the Precursor to Modern Medicine Practices

Chemical medicine originates from medical alchemy of the medieval period. Its nature was controversial and the acceptance and practice of chemical medicine caused problems with those who had strong ties with Scholasticism that rooted them in the Galenic tradition and made them wary of new practices and innovations. The fact that chemical medicine became quite popular thanks to the sixteenth-century Swiss doctor Paracelsus only increased the controversial nature. Paracelsus was well-known for his â€Å"miraculous cures† as well as for rejecting the European medical organization (De Vos, 2007). Paula De Vos (2007) wrote an article about the introduction of chemical medicine into Mexican medical practices during the seventeenth and eighteenth centuries. She shares a case of a Doà ±a Michaela de Sierra, whose legs had been paralysed for over 25 years but had been cured with a series of medications that were a combination of traditional Galenic treatments and chemical medicines. This shift of treatments, from the purely Galenic preparations to the inclusion of chemical medicines, is validated by the appearance of contemporary pharmaceutical texts in the late seventeenth and early eighteenth centuries. The change occurred at the same time to a similar alteration in Spain. The inauguration of Charles II to the throne started an era of acceptance to changes in medical practices. This medical development happened later in Spain and Mexico compared to other European countriesShow MoreRelatedAlchemy As The Precursor to Modern Medicine Practices1705 Words   |  7 Pagesthe ea rly days of alchemy, many scholars doubted the authenticity and credibility of alchemy as a scholarly field of study. They labeled it as â€Å"mystical† and challenged greatly the possibilities of alchemical transmutations and any practitioner’s credibility. However, alchemy was still practiced and discussed in all levels of society. Alchemy has been discovered in recent times to have been central to the development of early modern science and medicine. The practice of alchemy has made many contributionsRead MoreAstrology and Alchemy - the Occult Roots of the Mbti4990 Words   |  20 PagesBoard Psychologists and managers may be surprised to discover that the origins of the world’s most widely used psychometric instrument lie in pre-modern systems of knowledge. Astrology and alchemy – the occult roots of the MBTI by Peter Case and Garry Phillipson There appear to be no reputable investigations into the influence of astrology and alchemy on organisation and management, which is surprising given the continuing popularity of astrology. Aside from some research into how marketing executivesRead MoreBacteria As An Intermediate ( Jia Et Al. Essay1591 Words   |  7 Pagescontinuously stirred tank, and oxygen is supplied by bubbling air through the solution (Hromatka and Ebner, 1949). Employing modern applications of this method, vinegar of 15% acetic acid can be prepared in only 24 hours in batch process, even 20% in 60-hour fed-batch process (Hromatka and Ebner, 1959). Historical review of acetic acid has uncovered many primitive practices that involved the use and misuse of the compound and its derivatives. Martin, 1917 reports that ancient civilizations aroundRead MoreCompilation of Mathematicians and Their Contributions11615 Words   |  47 Pagesfavourite mathematician, Euclid deserves most of my kudos for laying down the foundation of geometry. II. Mathematicians in the Medieval Ages Leonardo of Pisa Birthdate: 1170 Died: 1250 Nationality: Italian Contributions: * Best known to the modern world for the spreading of the Hindu–Arabic numeral system in Europe, primarily through the publication in 1202 of his Liber Abaci (Book of Calculation). * Fibonacci introduces the so-called Modus Indorum (method of the Indians), today known as

How ATM Hacking Affects Business in the U.S Essay - 878 Words

ATM hacking has become more and more prevalent in society today. The more technology improves the more fraud is done. The U.S alone, has fallen victim to ATM hacking over the last decade. There has been countless numbers of ATM hacking taking place, having billions of dollars loss and innocent people now in debt. ATM hacking has really proved to be effective and has become a major success for criminals. In the article, â€Å"Hackers Devise Wireless Methods for Stealing ATM Users PINs†, author Jordan Robertson, speaks on how ATM hacking has had a major effect on the U.S and U.S citizens. In the article, â€Å"Hackers Devise Wireless Methods for Stealing ATM Users PINs†, Robertson speaks on how the effects of ATM hacking has been the fastest way†¦show more content†¦This can have a long lasting effect on individuals. Even with the advances in technology, people are still prone to data theft. â€Å"U.S Secret Service says, companies were frequently the targets of the 130 skimming breaches the team studied from last year for its report.†, says Robertson. That loss not only affected companies, but also those companies employees and overheads. Many companies have a certain amount of dues that are use in paying taxes. But how would companies pay those dues if they are short of the funds calculated to cover those expenses? It puts them in a â€Å"hole†, so to speak, leaving them unable to fulfill their duties to the government. It also leaves employees and customers with their personal identities exposed and puts them at risks for being victims of data theft. Los Angeles Times, publisher of â€Å"Banks Are Warned About ATM Hacks† says, â€Å"The latest warning comes after millions of Americans have had their financial information breached in a series of high-profile cyber attacks, most notably the theft of personal data from more than 110 million Target Corp. customers during the winter holidays. Consumer privacy advocates generally recommend that consumers avoid using debit or ATM cards altogether. Its better to use credit cards, in which the proceeds of any fraud are not directly drawn from consumers bank a ccounts, they say.† But why should customers have to change their way of living or their way of spending, due to another personsShow MoreRelated Database Vulnerabilities Essay2435 Words   |  10 Pagesstrategy involving a defense in depth and are prepared for an ever changing computer attack. Any business or individual that uses the Internet is attaching its computer system to an immense network. This exposes hard drives to intruders and peoples personal behavior to snoopers. Security threats increase as computers become more connected with one another and tools that automate attacks make hacking easier. In addition, as businesses become more dependent on e-commerce, there is more to lose. IIRead MoreInformation Technology Banking4266 Words   |  18 PagesInformation Technology and Banking 1 Information Technology and Banking Dr. Pembamoto Business 5083: Management Information Systems Palm Beach Atlantic University Information Technology and Banking 2 Table of Contents I. II. III. IV. V. 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I will also examine how technology impacts the financialRead MoreBusiness Analysis: The Case of 7-Eleven Inc.2022 Words   |  9 Pageslargest markets being Japan, United States, Canada, the Philippines, Hong Kong, Taiwan, Malaysia and Thailand. They all have very similar 7-Eleven stores from the interior to exterior. The company entered franchising in 1964, also signing the first U.S. are licensing agreement in 1968. 7-Eleven operates more then 9,400 stores in Japan and Hawaii. (http://franchise.7-eleven.com) 7-Eleven’s first store is in Oak Cliff section of Dallas, Texas. (http://corp.7-eleven.com) That is also where the headquartersRead MoreSocial Legal and Economic Impact of Ebusiness in Ireland13799 Words   |  56 PagesPositives 21 Online Payment Processing 21 Legal Impact of e-business – Negatives 23 Online Piracy of Copyrighted Material 23 Types of Piracy 23 Cases which hit the Headlines 23 Legislation to Combat Piracy 24 Proposed Irish Leglislation 24 Privacy Issues on the Internet 25 Introduction 25 Data Protection Online 26 Increase in Libel Cases 26 Unauthorised Data Sharing 27 Identify Theft a Growing Problem 28 Hacking 28 Hacking Scandals in Recent Years 29 Introduction – Economic 30 EconomicRead MoreAnnotated Bibliography On Information Systems9488 Words   |  38 Pagespoint averages which all this information can be delivered. Computers also manage store inventories, stocks, manage up for retail stores, and banks can even use computers to manage the clients monthly statements, seeing their transactions through the atm machines, and for other banking activities such as balancing, recording transactions of deposits, withdrawals, loan payments, cashiers checks, and money orders. Most of us like to do our work as well at homes which we can use our own personal smartphonesRead MoreFinancial Fraud in Canada7212 Words   |  29 Pages Financial Fraud in Canada [pic] Analysis presented to Ms. Julie Slater by Anouck Cinq-Mars (9197710) Anthony Liscio (9097856) Angelo Vaccaro (9356290) Joe Vincelli (9234403) Kyle Zarmair (9055177) John Molson School of Business April 4th 2011 Table of Contents Evolution of financial fraud in Canada†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦4 Current types of fraud Canadian financial institutions A) Internal fraud†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..5 Identity theft†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreMarketing Management Kotker15801 Words   |  64 Pagesare mostly used when customers make some purchase and ask for the receipt of their transaction and this reduction in paper record is as a result of the ability of each customer to connect to their bank through their mobiles and personal computer (Business communication, 2000). The ever increasing competitive banking environment has made banks to conclude that the inclusion of internet banking is being seen as a useful means which helps in reducing the use of the paper record. This is because the maintenance

Chapter 20 The Dementor’s Kiss Free Essays

Harry had never been part of a stranger group. Crookshanks led the way down the stairs; Lupin, Pettigrew, and Ron went next, looking like entrants in a six-legged race. Next came Professor Snape, drifting creepily along, his toes hitting each stair as they descended, held up by his own wand, which was being pointed at him by Sirius. We will write a custom essay sample on Chapter 20 The Dementor’s Kiss or any similar topic only for you Order Now Harry and Hermione brought up the rear. Getting back into the tunnel was difficult. Lupin, Pettigrew, and Ron had to turn sideways to manage it; Lupin still had Pettigrew covered with his wand. Harry could see them edging awkwardly along the tunnel in single file. Crookshanks was still in the lead. Harry went right after Black, who was still making Snape drift along ahead of them; he kept bumping his lolling head on the low ceiling. Harry had the impression Black was making no effort to prevent this. â€Å"You know what this means?† Black said abruptly to Harry as they made their slow progress along the tunnel. â€Å"Turning Pettigrew in?† â€Å"You’re free,† said Harry. â€Å"Yes†¦Ã¢â‚¬  said Black. â€Å"But I’m also — I don’t know if anyone ever told you — I’m your godfather.† â€Å"Yeah, I knew that,† said Harry. â€Å"Well†¦ your parents appointed me your guardian,† said Black stiffly. â€Å"If anything happened to them†¦Ã¢â‚¬  Harry waited. Did Black mean what he thought he meant? â€Å"I’ll understand, of course, if you want to stay with your aunt and uncle,† said Black. â€Å"But†¦ well†¦ think about it. Once my name’s cleared†¦ if you wanted a†¦ a different home†¦Ã¢â‚¬  Some sort of explosion took place in the pit of Harry’s stomach. â€Å"What — live with you?† he said, accidentally cracking his head on a bit of rock protruding from the ceiling. â€Å"Leave the Dursleys?† â€Å"Of course, I thought you wouldn’t want to,† said Black quickly. â€Å"I understand, I just thought I’d –â€Å" â€Å"Are you insane?† said Harry, his voice easily as croaky as Black’s. â€Å"Of course I want to leave the Dursleys! Have you got a house? When can I move in?† Black turned right around to look at him; Snape’s head was scraping the ceiling but Black didn’t seem to care. â€Å"You want to?† he said. â€Å"You mean it?† â€Å"Yeah, I mean it!† said Harry. Black’s gaunt face broke into the first true smile Harry had seen upon it. The difference it made was startling, as though a person ten years younger were shining through the starved mask; for a moment, he was recognizable as the man who had laughed at Harry’s parents’ wedding. They did not speak again until they had reached the end of the tunnel. Crookshanks darted up first; he had evidently pressed his paw to the knot on the trunk, because Lupin, Pettigrew, and Ron clambered upward without any sound of savaging branches. Black saw Snape up through the hole, then stood back for Harry and Hermione to pass. At last, all of them were out. The grounds were very dark now; the only light came from the distant windows of the castle. Without a word, they set off. Pettigrew was still wheezing and occasionally whimpering. Harry’s mind was buzzing. He was going to leave the Dursleys. He was going to live with Sirius Black, his parents’ best friend†¦. He felt dazed†¦. What would happen when he told the Dursleys he was going to live with the convict they’d seen on television†¦! â€Å"One wrong move, Peter,† said Lupin threateningly ahead. His wand was still pointed sideways at Pettigrew’s chest. Silently they tramped through the grounds, the castle lights growing slowly larger. Snape was still drifting weirdly ahead of Black, his chin bumping on his chest. And then – A cloud shifted. There were suddenly dim shadows on the ground. Their party was bathed in moonlight. Snape collided with Lupin, Pettigrew, and Ron, who had stopped abruptly. Black froze. He flung out one arm to make Harry and Hermione stop. Harry could see Lupin’s silhouette. He had gone rigid. Then his limbs began to shake. â€Å"Oh, my –† Hermione gasped. â€Å"He didn’t take his potion tonight! He’s not safe!† â€Å"Run,† Black whispered. â€Å"Run. Now.† But Harry couldn’t run. Ron was chained to Pettigrew and Lupin. He leapt forward but Black caught him around the chest and threw him back. â€Å"Leave it to me — RUN!† There was a terrible snarling noise. Lupin’s head was lengthening. So was his body. His shoulders were hunching. Hair was sprouting visibly on his face and hands, which were curling into clawed paws. Crookshanks’s hair was on end again; he was backing away — As the werewolf reared, snapping its long jaws, Sirius disappeared from Harry’s side. He had transformed. The enormous, bearlike dog bounded forward. As the werewolf wrenched itself free of the manacle binding it, the dog seized it about the neck and pulled it backward, away from Ron and Pettigrew. They were locked, jaw to jaw, claws ripping at each other. Harry stood, transfixed by the sight, too intent upon the battle to notice anything else. It was Hermione’s scream that alerted him — Pettigrew had dived for Lupin’s dropped wand. Ron, unsteady on his bandaged leg, fell. There was a bang, a burst of light — and Ron lay motionless on the ground. Another bang — Crookshanks flew into the air and back to the earth in a heap. â€Å"Expelliarmus.† Harry yelled, pointing his own wand at Pettigrew; Lupin’s wand flew high into the air and out of sight. â€Å"Stay where you are!† Harry shouted, running forward. Too late. Pettigrew had transformed. Harry saw his bald tail whip through the manacle on Ron’s outstretched arm and heard a scurrying through the grass. There was a howl and a rumbling growl; Harry turned to see the werewolf taking flight; it was galloping into the forest — â€Å"Sirius, he’s gone, Pettigrew transformed!† Harry yelled. Black was bleeding; there were gashes across his muzzle and back, but at Harry’s words he scrambled up again, and in an instant, the sound of his paws faded to silence as he pounded away across the grounds. Harry and Hermione dashed over to Ron. â€Å"What did he do to him?† Hermione whispered. Ron’s eyes were only half-closed, his mouth hung open; he was definitely alive, they could hear him breathing, but he didn’t seem to recognize them. â€Å"I don’t know†¦.† Harry looked desperately around. Black and Lupin both gone†¦ they had no one but Snape for company, still hanging, unconscious, in midair. â€Å"We’d better get them up to the castle and tell someone,† said Harry, pushing his hair out of his eyes, trying to think straight. â€Å"Come –â€Å" But then, from beyond the range of their vision, they heard a yelping, a whining: a dog in pain†¦. â€Å"Sirius,† Harry muttered, staring into the darkness. He had a moment’s indecision, but there was nothing they could do for Ron at the moment, and by the sound of it, Black was in trouble — Harry set off at a run, Hermione right behind him. The yelping seemed to be coming from the ground near the edge of the lake. They pelted toward it, and Harry, running flat out, felt the cold without realizing what it must mean – The yelping stopped abruptly. As they reached the lakeshore, they saw why — Sirius had turned back into a man. He was crouched on all fours, his hands over his head. â€Å"Nooo,† he moaned. â€Å"Nooo†¦ please†¦.† And then Harry saw them. Dementors, at least a hundred of them, gliding in a black mass around the lake toward them. He spun around, the familiar, icy cold penetrating his insides, fog starting to obscure his vision; more were appearing out of the darkness on every side; they were encircling them†¦. â€Å"Hermione, think of something happy!† Harry yelled, raising his wand, blinking furiously to try and clear his vision, shaking his head to rid it of the faint screaming that had started inside it — I’m going to live with my godfather. I’m leaving the Dursleys. He forced himself to think of Black, and only Black, and began to chant: â€Å"Expecto patronum! Expecto patronum!† Black gave a shudder, rolled over, and lay motionless on the ground, pale as death. He’ll be all right. I’m going to go and live with him. â€Å"Expecto patronum! Hermione, help me! Expecto patronum!† â€Å"Expecto –† Hermione whispered, â€Å"expecto — expecto –â€Å" But she couldn’t do it. The Dementors were closing in, barely ten feet from them. They formed a solid wall around Harry and Hermione, and were getting closer†¦. â€Å"EXPECTO PATRONUM!† Harry yelled, trying to blot the screaming from his ears. â€Å"EXPECTO PATRONUM!† A thin wisp of silver escaped his wand and hovered like mist before him. At the same moment, Harry felt Hermione collapse next to him. He was alone†¦ completely alone†¦. â€Å"Expecto — expecto patronum –â€Å" Harry felt his knees hit the cold grass. Fog was clouding his eyes. With a huge effort, he fought to remember — Sirius was innocent — innocent — We’ll be okay — I’m going to live with him — â€Å"Expecto patronum!† he gasped. By the feeble light of his formless Patronus, he saw a Dementor halt, very close to him. It couldn’t walk through the cloud of silver mist Harry had conjured. A dead, slimy hand slid out from under the cloak. It made a gesture as though to sweep the Patronus aside. â€Å"No — no –† Harry gasped. â€Å"He’s innocent†¦ expecto expecto patronum –â€Å" He could feet them watching him, hear their rattling breath like an evil wind around him. The nearest Dementor seemed to be considering him. Then it raised both its rotting hands — and lowered its hood. Where there should have been eyes, there was only thin, gray scabbed skin, stretched blankly over empty sockets. But there was a mouth†¦ a gaping, shapeless hole, sucking the air with the sound of a death rattle. A paralyzing terror filled Harry so that he couldn’t move or speak. His Patronus flickered and died. White fog was blinding him. He had to fight†¦ expecto patronum†¦ he couldn’t see†¦ and in the distance, he heard the familiar screaming†¦ expecto patronum†¦ he groped in the mist for Sirius, and found his arm†¦ they weren’t going to take him†¦. But a pair of strong, clammy hands suddenly attached themselves around Harry’s neck. They were forcing his face upward†¦ He could feel its breath†¦ It was going to get rid of him first†¦ He could feel its putrid breath†¦ His mother was screaming in his ears†¦ She was going to be the last thing he ever heard — And then, through the fog that was drowning him, he thought he saw a silvery light growing brighter and brighter†¦ He felt himself fall forward onto the grass†¦. Facedown, too weak to move, sick and shaking, Harry opened his eyes. The Dementor must have released him. The blinding light was illuminating the grass around him†¦The screaming had stopped, the cold was ebbing away†¦ Something was driving the Dementors back†¦ It was circling around him and Black and Hermione†¦. They were leaving†¦. The air was warm again†¦. With every ounce of strength he could muster, Harry raised his head a few inches and saw an animal amid the light, galloping away across the lake†¦ Eyes blurred with sweat, Harry tried to make out what it was†¦ It was as bright as a unicorn†¦ Fighting to stay conscious, Harry watched it can’ter to a halt as it reached the opposite shore. For a moment, Harry saw, by its brightness, somebody welcoming it back†¦ raising his hand to pat it†¦ someone who looked strangely familiar†¦ but it couldn’t be†¦ Harry didn’t understand. He couldn’t think anymore. He felt the last of his strength leave him, and his head hit the ground as he fainted. How to cite Chapter 20 The Dementor’s Kiss, Essay examples

Who is responsible for the death of Eddie Carbone Essay Example

Who is responsible for the death of Eddie Carbone? Essay Arthur Miller has become one of Americas most important and influential playwrights. His plays often explore the position of the individual in relation to their responsibilities and position in society. However, Millers plays reveal a deep and sympathetic understanding of how people think, behave and react to the world around them, especially when they find themselves in situations which threaten to defeat them. The play A View from the Bridge has its origins in the late 1940s when Arthur Miller became interested in the work and lives of dockworkers and longshoremen of New Yorks Brooklyn harbour and where he himself had previously worked. He became interested in the poorly paid people exploited by their bosses and who were in many cases only recent immigrants to the United States. They had come to America, as Millers parents had done in hope of the work, wealth and security that their home countries could not guarantee. At this time a young lawyer friend of Millers mentioned a story he had heard of a longshoreman who had told the immigration bureau on two brothers, his own relatives, who were living illegally in his home, in order to break an engagement between one of them and his niece. Miller only started the writing of his play during his first visit to Italy where he got the background information for the tragic and sympathetic A View from the Bridge. We will write a custom essay sample on Who is responsible for the death of Eddie Carbone? specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Who is responsible for the death of Eddie Carbone? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Who is responsible for the death of Eddie Carbone? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Arthur Miller took this modern true-life story and presented it to an audience using features of classical drama. Arthur Miller begins his play with a device from ancient Greek drama; the chorus. He does this through the figure of Alfieri the lawyer. Alfieri comments on the action throughout the play leading the audiences reaction. The play starts off with Alfieris speech to the audience. He explains what its like in Brooklyn Red Hook and what the people are like. He talks of the petty troubles of the poor and draws the audience in and suggests the events of A View from a Bridge in a mysterious way. He leads the audience to believe that whatever happens will end in blood and the events will be unstoppable. He tells us any lawyer would be, as powerless as I, and watch(ed) it run its bloody course. Alfieri finally mentions Eddie Carbone which leads the audience to believe the blood and violence is to do with this husky, slightly overweight longshoreman

Insolvency in anglo american law The WritePass Journal

Insolvency in anglo american law Introduction Insolvency in anglo american law IntroductionA. General1.The concept of security2.The purpose of taking securityB. Problems caused by security1. Problems of misallocating resourcesa. Types of unsecured creditorsi.Uninformed Creditorsii. Voluntary Creditorsiii. Involuntary Creditorsb. Problemsi. Involuntary creditorsii. Uninformed creditors2. The efficiency of secured creditC.Proposals of reform1. Ensuring the payment through insurance2. Non-consensual Creditors are given Priority over Secured Creditors3. Are these proposals persuasive?D.ConclusionBibliographyRelated Introduction A. General 1.The concept of security There are many attempts to define â€Å"security†, but this concept varies in different countries, and even in different fields of economic and financial activity. Simply put, it can be understood that â€Å"security† is originated from the instinctive fear of risk of financiers. It is similar to a guarantee that someone’s investment, at least, will not make him loose more than what he expects to gain. As clarified by Professor Goode, the concept of security depends on concepts of ownership and possession; it â€Å"involves the grant of a right in an asset which the grantor owns or in which he has an interest†. ‘Security’ is not officially defined under English law. Its scope has to be drawn from judicial interpretations. Pursuant to the judgment of Re Paramount Airways Ltd, security is defined as â€Å"created where a person (the creditor) obtains rights exercisable against some property in which the debtor has an interest in order to enforce the discharge of the debtor’s obligation to the creditor.†However, this definition is not fixed. The problem of lacking an official definition results in some uncertainties in regulating secured credit under English law. Under American law, in contrast, ‘security interest’ is clearly defined as â€Å"an interest in personal property that secures either payment of money or the performance of an obligation†. The functional approach in secured transaction under American legislations is preferred than the formal approach under English law. There are two main types of security which are fixed and floating charges. A fixed charge is defined as â€Å"a charge or mortgage secured on particular property, such as land and buildings; and intellectual property such as copyrights, patents, trade marks. A floating charge is an equitable charge on assets which can continued to be traded from time to time without the reacceptance of the mortgagee.Between these two, floating charge is used more commonly. 2.The purpose of taking security According to Professor McCormack, there are several reasons of taking security. Firstly, security will give priority to a creditor over other unsecured ones in the event of insolvency. According to a survey by the Society of Practitioners of Insolvency, about 75% unsecured creditor received nothing after asset distribution. Suggested from the definition of insolvency, which is a situation that a company loses its ability to pay all of its creditors, priority in insolvency proceedings is very important. Another reason is that a creditor who takes security will have more control on the lent assets as well as insolvency proceedings. The regime in England under the Enterprise Act 2002 allows a floating charge’s holder to appoint an administrator, whose duty is to ensure a certain share of the insolvent company’s assets for the benefit of such holder. This type of â€Å"self-help† remains controversial. It is criticized a lots as such control is too substantial. Last but not least, the taking of security is regarded as useful to reduce the cost of investigation into the debtor’s financial situation. Professor Buckley called such costs the â€Å"screening costs†.According to his arguments, as the borrower has to reveal information to the lender so as to ensure that it is financially able to take the loan, a securely informed creditor will benefit from avoiding more risk in the market. Such information, in insolvency proceedings, will aid in determining the debtor’s creditworthiness and anticipated bankruptcy value. Sub-conclusion: To sum up, security plays a significant role in financial activities of companies. It gives both the borrowers and the lenders benefits which are crucial in their transactions’ decisions. However, from the perspectives of a unsecured creditor, the ability of taking security by some creditors results in their higher possibility of receiving nothing in return in the event of insolvency. This essay will discuss such misallocation of resources to the unsecured creditors and examine the reform proposal to solve these problems in 2 main parts respectively. At the end, a conclusion will be drawn that although security causes troubles to non-consensual creditors, any reform needs to be taken with a lot of considerations on the method and in the system as a whole. B. Problems caused by security 1. Problems of misallocating resources Lynn LoPucki, in his analysis, has demonstrated that most unsecured creditors are given such status against their will and awareness.   Therefore, it is unfair when they are given even less than what they can gain because of the security’s usage. By taking securities, the secured creditors, with all the control and benefits as examined above, may take a substantial part of the debtor’s assets. The unsecured creditors, who usually outnumber the secured ones but only receive a much smaller part of the insolvent’s resources. Although the basic principle of insolvency law is â€Å"equality of misery†, many people are forced to be more miserable than others. In order to detect a solution for this matter, this part is illustrated in 2 smaller parts, the first deals with the classification of unsecured creditors and the second discusses the problem in allocating the debtor’s resources. a. Types of unsecured creditors There are three types of unsecured creditors, depending on their reaction to such status: uninformed creditors, voluntary creditors and involuntary creditors. Each category is suffered different problems caused by security to their group. i.Uninformed Creditors Uninformed creditors are those who accept the status of unsecured creditors despite their acknowledge of the debtor’s situation because they do not properly estimate the risk they are about to take. These creditors are similar to voluntary creditor because they know the situation before making their decision of invest into such debtors. But they are also similar to involuntary creditors because if they had known the â€Å"true state of the law and the debtor’s finances when they made the fatal decision to extend credit (or not to withdraw from an extension already made), [they] would have decided differently.Their consent, therefore, is not meaningful due to the lack of true understanding of what they are consent to. The example for this type is trade creditors who are so â€Å"uninformed that they systematically undercharge for the extension of credit† ii. Voluntary Creditors Examples of voluntary creditors are employees and customers. Employees: In case employees’ wages are not paid, they become creditors of their employer. The missing of payment by an employer serves as the most alarming precaution of its financial situation to the employees. However, as stated by Buckley, â€Å"claims   for unpaid wages are   not substantial   in most   bankruptcies [†¦] because   few   employers   are willing   to   risk work   stoppages   by gambling with unpaid   wages.† Customers: Customers are also classified as voluntary creditors of a retailer in case they have warranty claims. In certain cases, the prices they are willing to pay may reflect their ability to foresee the default. Therefore, customers become creditors only if they have proper reaction to such foreseen possibility. iii. Involuntary Creditors It is estimated in a study by Sullivan, Warren, and Westbrook that 23% of unsecured creditors filling bankruptcy under Chapter 7 and 13 of the Bankruptcy Code was involuntary creditors. This category includes governmental claimants (tax agencies, pension agencies), tort victims, environmental agencies, utility companies. We will now examine the first two examples of this type. Governmental claims: A company has many governmental responsibilities. This is shown by its duty in many tax related activities ranging from corporate taxes to employees’ income taxes. Moreover, it may have to be involved in some social security program. Thus, in the event of insolvency, it may become debtors of several state entities. And in common cases, the governmental claims will not consent to be under the status of creditors because it is likely that they will gain nothing due to the unsecured characteristic of debts the company owed to them. Tort claims: Tort victims are regarded to be the most typical kind of involuntary creditors. As indicated by a study of Manville Corporation cases, the company’s book value when it filed for insolvency was only $1.2 billion book value, while its tort liability was $1.9 billion is in asbestos-related claims. It is common that tort claimants do not agree with their unsecured creditor status. In many cases, they even do not agree to be creditor if it is not because of wrongful acts by the debtor violating their rights and benefits. Such wrongful acts may ranging from harmful business acts (negligence, interference,†¦) to infringement of intellectual property rights However, the insolvency law has not treated them with sufficient priority over other creditors (especially secured creditors). b. Problems In the context of this essay, we will discuss the influences of consent-based theory in examining the problems of involuntary and uninformed creditors. It may be argued that to identify the direct consequences of the lack of consent of a creditor when involving in a company’s business is not always easy. Brian Mccall has illustrated an example where a supplier sell inventory on credit to a buyer. The buyer then sells the inventory and uses the proceeds to pay a bill instead of paying the supplierAs a result, the supplier becomes an non-consensual creditors as resources are misallocated without his consent. Mccal concluded that this can happen because the supplier does not have the general right to consent to every action of the buyer that has an effect on him. However, that problem should not preclude the idea of fairness and sympathy for unsecured creditors, which is basis for the argument of consent-based theory. The theory provides that it is a violation in taking away the right to payment of creditors who are not consent to such status. By granting security for some creditors, a debtor affects the shares in the asset pool of other involuntary and uninformed creditors. Followers of this theory emphasized that there should not be any distinction between secured and unsecured creditors because both types are entitled to receive their and only their proportional distributions of their respective debts Any priority to one group will result in an â€Å"unjust† distribution to the other. We will now analysis the problems resulted by security which are challenging unsecured creditors. i. Involuntary creditors In his work, Lynn LoPucki has explained why security is used despite the fact that a major of creditors does not agree with it. The relationship, after using security, between the debtor, the secured creditors and the unsecured ones is indicated as a contract where the first two agree with each other that the last will gain nothing. Therefore, security is widely used because of two parallel stimulations: no one wants to be in the situation of an unsecured creditor whose value in the debtor’s asset is contracted to expropriate for others; and, a debtor also wants to take benefits from â€Å"selling secured status to its voluntary creditors†. This problem threatens the right to payment of tort victims most. They clearly do not give their consent to the unsecured creditor status as well as the granting of security for other creditors. However, instead of giving them some priority as usual in tort judgement, the introduction of security to insolvency proceedings reduce their chance of receiving exposure to the debtor’s tort liability. This issue is originated from an argument that the consent of the unsecured creditor – the third party, on the contract – the granted security, between the debtor and the secured creditors, is â€Å"implied†. Such argument, according to Lopucki, is â€Å"not likely to save the institution of security†. It is also argued that it is a principle in economic theory that tort victims should be fully compensated. In regulating the issue of security, legislators who allow its use may not necessarily decide that by granting security, a company can limit or eliminate the exposure to tort liability. Where a company can give full compensation to its tort victims, it should do so â€Å"to the full extent of their wealth†. ii. Uninformed creditors Sympathy should also be given to creditors who do not really understand the meaning and consequence of their consent when voluntarily entering in insolvency proceedings. It is not a â€Å"meaningful consent† because they would not agree with their status and extend credit if they are well-informed to proper estimate the risk of debtor’s business. It may be reasoned that the system should not be changed for the benefit of uninformed creditors because they are responsible for their own decision. Also, some security-supporter may consider that the harm caused to uninformed creditors is â€Å"slight†. However, it is not unreasonable that a substantial number of creditors do not really know what trouble they are falling into due to the complexity of the insolvency regime. Taking Art. 9 of the UCC, which govern insolvency matter in American system, as an example, Lynn LoPucki regards it as â€Å"highly complex, unintuitive, and notoriously deceptive†. Many creditors are small business. Thus, they have to struggle in understanding the principles provided under Art. 9 because they may not afford qualified lawyers. Moreover, this Article is clearly in favor of creditors who are secured and have full knowledge in respect of the company’s financial situation. It becomes easier for them to win in the filing â€Å"race† of insolvency proceedings in spite of the fact that in certain cases, their loans are not justified; or even despite a founded principle to protect legitimate expectations of other creditors. For the purpose of further analysis, uninformed creditors are grouped with involuntary creditors to be referred to as non-consensual creditors. 2. The efficiency of secured credit According to Steven Schwarcz, there are two types of efficiency of secured credit. The first one is where the taking of security ensures the benefit of both secured and unsecured creditors by increase the debtor’s value to cover both types of debt. The second one focus on the harm to unsecured creditors, which is acceptable if it â€Å"does not exceed the benefit to the debtor and the secured creditor†. However, it is unlikely that secured credit can achieve either types of efficiency. The debate over whether secured credit is efficient is triggered by an article by Professors Jackson and Kronman, in which they argued that it is so. Subsequently, many scholars approved this argument by indicating the economic benefits of secured credit such as   lowering screening costs or giving more control and benefits to secured creditors. These are the purpose of taking secured status in transactions, which has been analysed in details above (section A(2)). In contrast, David Carlson casted doubts on the efficiency of secured credit because â€Å"secured lending is not necessarily inconsistent with economic efficiency, though whether any given security interest is efficient is highly contingent and probably unknowable.† Brian Mccall further emphasized on the fact that even if the proof of economic efficiency can be established, it â€Å"merely tells us one of the effects of a given course of action it does not tell us normatively if such a thing should be done.† By demonstrating the nature of security under the regime provide by Art. 9 in the UCC, Lynn LoPucki also proved that security is not efficient. The main reason given to establish such conclusion is that the features of security are not always present. There are three features which the author referred to as â€Å"priority, encumbrance and remedy†. Each of those may exist in one type of security but not others; and some arrangements which include an above feature may not be regarded as â€Å"security†. Thus, it is difficult to ensure the â€Å"efficiency† of all secured credits granted. Sub-conslusion: Not all creditors are granted their unsecured status in the same circumstances. Depending on the reasons which results in their involvement in the debtor’s business, there are three different types: uninformed creditors, voluntary creditors and involuntary creditors. Among these three, uninformed creditors and involuntary creditors are the most vulnerable by the effects of secured credit. Generally, the lack of their consent may be regarded as a detriment to the right and the legitimate expectation for payment of these creditors. In addition, it is established that the use of secured credit may not always be efficient and granting security for creditors may not always be the best solution for the economy. Therefore, these problems of security should be solved by a reform of nonconsensual creditors’ treatment. C.Proposals of reform As analyzed above, only a smaller proportion of creditors in insolvency proceedings may be benefited in the use of security, and their benefits are originated from the detriment of a major number of non-consensual creditors. Besides, the using of secured credit is not always effective. The question is now raised that whether there are any persuasive proposals of reform. In considering the position of non-consensual creditors in secured credit, there are three alternatives:   (1) leaving the situation as it is now; (2) ensuring the payment to unsecured creditors by mandatory insurance; or (3) giving priority for nonconsensual creditors over the secured creditors As leaving the situation as it is now (alternative 1) is considered as ineffective above, we will only examination two later proposals. 1. Ensuring the payment through insurance This alternatives may be used to achieve the first type of efficiency mentioned above    the debtor can ensure the payment for all creditors, regardless of their status as secured or unsecured despite its situation of insolvency. It is suggested by LoPucki that mandatory insurance should be taken by a company which may incur liability over involuntary creditors, especially tort claimants. By doing so, such company make it possible for their involuntary creditors to fully recover from the insurer instead of pursuing for payment from the debtors. Concurrently, the first position of secured creditors in insolvency proceedings is not arguable. 2. Non-consensual Creditors are given Priority over Secured Creditors Professor Paul Shupack has argued that if non-consensual creditors are given priority over secured creditors, no loss will be caused to the secured creditors because they may be fully compensated for the conditional risk by conditioning their loans on the debtor’s payment of a premium. To   reach   the   same conclusion with Professor Paul Shupack, LoPucki put the relationship among debtors, secured and unsecured creditors in an assumption that a debtor has   two creditors,   one unsecured (nonconsensual) and one   secured,   and   that   in case of being insolvent, he can only to pay one of them. The aggregate loss to the economy is calculated in two alternative models: where the secured creditor has priority over the unsecured; and where the unsecured creditor has priority over the secured. In the first model, there is no other choice for the nonconsensual creditor but to extend his credit in a hope to receive some payment. Concurrently, the secured one will also extend his credit because he will be repaid. Priority is given to the later. Therefore, the unsecured will receive nothing. It may be concluded that â€Å"except to the extent, if any, that the debtor derived benefit from inflicting loss on the [nonconsensual] creditor, [that] creditors loss would be an aggregate loss to the economy†. In contrast, if nonconsensual creditors have priority as in the second model, the loss to the economy is claimed to be zero.LoPucki argued that because in this case, the secured creditor knowing that priority is granted to the other, will not extend credit beyond the debtor’s ability to pay. Accordingly, the nonconsensual creditor will receive expected payment and there will be no loss to the economy. If the above analysis is correct, giving priority to the unsecured instead of the secured creditor will be the most effective way to reduce the summative loss to the economy and resolve the problems of misallocating resources as well as inefficient secured credit. However, it is not easy for a regime which has been considered to operate smoothly for long to accept any kind of change. Consequently, the above proposals have been subsequently criticized. 3. Are these proposals persuasive? First of all, regarding the proposal of using insurance, LoPucki himself realized the disadvantages of applying this solution.   Firstly, it is a phenomenon that a company may be more likely to commit wrongful acts if such acts’ consequences have been insured. The acts may be committed intentionally or unintentionally, but the counter-productive result is that the company will be less alert to avoid them. Consequently, insurance in this case may bring more bad than good things, to the company, any potential tort victims and the society as a whole. Moreover, insurance will left over a large number of uninformed creditors, who are in most cases also non-consensual but can be benefit from the debtor’s mandatory insurance policies. Concerning LoPucki’s best solution that is to give non-consensual creditors priority over secured creditors, it becomes a controversial topic where everyone expresses their own view on the relationship between security and insolvency, law and economic regulations.   Professor Block-Lieb, in her reply to LoPucki’s argument, even concluded that â€Å"his reformulation   of the unsecured   creditors   bargain   is   insufficient   justification   for   drastic alterations   to   the law of secured   transactions.† Professor White, in considering the proposal, questioned whether â€Å"Article 9 [of the UCC] is   the place   to   deal with   them†. Firstly, he argued that governmental agencies would not need priority over secured creditors because they can use tax liens for themselves. Concerning tort claims, White’s arguments are based on elevating the status of claimants if amending Art. 9   He suggested that â€Å"significant   subordination   of   perfected security   interest will   drive   secured   creditors   to   look   for   security devices   that are more wasteful but more effective   (for them)†. In addition, there may be a distinction between claims for pain or suffering and claims for economic injury (libel, fraud, negligence victims). Thus, it is difficult to identify which claims should be granted priority or not. Besides, â€Å"if the Bankruptcy   Code   grants   priority   to   the   tort   claimants,   it can   give them superiority over not only personal property   secured   claimants but   also   over   other   lien   holders   and   real   property   mortgagees[, but] Art. 9   cannot   reach   real   estate mortgagees   and   only with   awkward   expansion   could   it   possibly   reach   and   grant   priority   over other   liens   in   the   law   of every   state. At best, modification   of Article   9   would be only   a half measure   because   it   deals neither with   claims   secured   by   real   estate   nor with   claims   of nonconsensual    lienors.† Sub-conclusion: It is submitted that there seems to be an agreement on the inefficiency of secured credit which requires many consideration for reforming. However, the reform of only a particular regime as Art. 9 in the case of the UCC is not the best solution. Security has been used for quite a long time. Its development has been so closely connected with other aspects of regulating rights and benefit of many economic factors. Therefore, a change of regime under Art. 9 alone cannot be expected to be effective. D.Conclusion Bibliography Legislations The Enterprise Act 2002 the United Kingdom The Uniform Commercial Code – The United Stated Books Gerard McCormack, Secured Credit under English and American Law, Cambridge University Press, 2004 Royston Miles Goode, Legal problems of credit and security, Sweet Maxwell, 2003, 4th Ed. Journals Alan   Schwartz,   Security   Interests and   Bankruptcy   Priorities:   A Review   of   Current   Theories,   10   J.   Legal   Stud.   1   (1981) Brian M. Mccall, â€Å"It’s just secured credit! The natural law case in defense of some forms of secured credit†, 43(1) Indiana Law Review, (2009) David Gray Carlson, On the Efficiency of Secured Lending, 80 VA. L. REV. 2179 (1994) Elizabeth Warren, Making Policy with Imperfect Information: The Article 9 Full Priority Debates, 82 Cornell L. Rev. (1997), 1389 F.H. Buckley, The bankruptcy   priority   puzzle, 72 Va. L. Rev.   1421 (1986) James J. White, â€Å"Work   and play   in   revising   article   9†, 80 Va. L. Rev.   (1994), 2096 Lynn M.   LoPucki, â€Å"The unsecured   creditors   bargain†, 80 Va. L. Rev. (1994), 1907 Paul M. Shupack, Solving   the Puzzle   of Secured Transactions,   41   Rutgers   L.   Rev. (1989) 1067 Steven L. Schwarcz, â€Å"The easy   case for the priority of secured claims   in bankruptcy†, 47 Duke L.J. (1997-98), 480 Susan Block-Lieb, The Unsecured Creditors Bargain: A Reply, 80. Va. L. Rev. (1994), 1989 Thomas H. Jackson Anthony T. Kronman, Secured Financing and Priorities Among Creditors, 88 YALE L.J. (1979), 1143 Other documents Eighth Survey of Company Insolvency by Society of Practitioners of Insolvency (1997-8). Statistics from Teresa   A.   Sullivan,   Elizabeth   Warren      Jay   L.   Westbrook,   â€Å"As   We   Forgive   Our Debtors†Ã‚   18,   294   (1989)

Process of Becoming a Climax Community

Process of Becoming a Climax Community A climax community by is a relatively stable and undisturbed biological community of animals, plants, and fungi that have evolved into a steady state of development which secures the stability of all the collective  communities. Through a natural successional  process of instability, all individual  organism ecosystems simultaneously transition  through a series of more stabilizing stages where they all finally maintain their individual positions in the community and where they become stable from egg and seed to maturity. So, all biotic communities on earth engage in a forward-moving evolutionary process that takes place in several major defined steps or stages. Until climax completion, these transitional  stages are each called a serial stage or a  sere.  In other words, a sere is an intermediate stage found in  ecological succession  in an ecosystem advancing towards a particular organisms  climax community. In many cases, there is more than one serial stage to pass through before  climax conditions are attained. A serial community is a name given to each group of biota within the succession. A  primary succession  describes primarily the plant communities that occupy a site that has not previously been vegetated. These plants can also be described as the vegetative  pioneer community.   Defining Plant Succession To understand a climax plant community, you must first understand plant succession which is simply the replacement of one plant community by another. This can occur when soils and sites are so harsh that few plants can survive and takes a very long time for plants to establish a root-hold to begin the process of succession.  When destructive agents like fire, flood and insect epidemic destroy an existing plant community, plant establishment can happen very rapidly. Primary plant succession starts on raw unvegetated land and usually  exists as a sand dune, an earth slide, a lava flow, a rock surface or a retreating glacier. It is obvious that these harsh conditions for plants would take eons for this type of exposed earth to decompose to support higher plants (with the exception of the earth slide which would start plant succession fairly quickly). Secondary plant succession generally starts on a site where some disturbance has set back a previous succession. The sere  can be continually setback which then lengthens the period to a potential  final plant community climax condition. Agricultural practices, periodic logging, pest epidemics, and wildland fire are the most common agents of secondary plant succession setbacks. Can You Define a Climax Forest? A plant community that is dominated by trees representing the last stage of natural succession  for that specific locality and environment, to some, is considered a climax forest. The name usually given to any particular climax forest is the name of the primary existing tree species and or its regional location. To be a climax forest, the trees growing within a particular geographic region should remain essentially unchanged in terms of species composition for as long as the site remains undisturbed. But, is this really a climax forest or just another late sere  that has avoided disturbance the longest. Do foresters who only manage trees over decades know enough to determine a climax forest and assume it to be the equivalent of late-stage succession? Should speculative ecologists conclude that there can never be a climax forest because cyclical disturbance (both natural and human-caused) will always be a constant in North American forests? The Climax Debate Is Still With Us The first published discussion(s) on the existence of climax communities started nearly a century ago with foundational papers written by two ecologists, Frederick Clements, and Henry Gleason. Their ideas were debated over decades and definitions of a climax changed with a greater understanding of a new science called ecology. Political winds also confused the topic with terms like virgin forests and old-growth forests. Today, most ecologists agree that climax communities are not common in the real world. They also agree that most exist in space and time and can be observed on large  time scales of many decades and on wide ranges of an  area, from a dozen acres to thousands of acres. Others believe that there can never be a real climax community because of constant disturbance over time. Foresters have adopted a silviculturally practical approach when managing large stable communities of climax tree species. They use and name a climax forest to be the final sere in terms of the stabilization of major tree species. These conditions are observed on a human timescale and can maintain specific tree species and other plants over hundreds of years. Examples of some of these are:   The coniferous forests of the Pacific Northwest.The wetlands  in North America.The redwood (Sequoia sempervirens) forests.Beech-maple of the North American Northeast.

Discription of my research Paper Example | Topics and Well Written Essays - 500 words

Discription of my - Research Paper Example On the basis of this context, the research will intend to concentrate on the withdrawal of drug consumption of people in order to make them socially responsible. The research is based on understanding the role played by rehabilitation centers in order to recover the individuals who are addicted with drugs. The research will help to gain significant understanding about the challenges that are faced by the drug users while retreating from using drugs. Furthermore, the research will also provide a significant knowledge regarding the reasons for drug consumption and possible negative impacts of it in the life of people. Throughout the research, learning can be gained regarding the method of therapy for drug users. It will help to recognize the best practices that can help to completely eradicate the usage of drug and to become a responsible societal member. There are several organizational benefits related with the research. The research will help to assist the people who are suffering from drug addiction. Besides, involvement in the rehabilitation program can help to gain significant experience about the characteristics of drug users. As a result, it can support the employees in the rehabilitation center regarding the method of dealing with the drug users and the method of treatment. The research will be a five step process. At first, review will be conducted through critical study regarding the subject or related topics. The literature review will be intended to gain basic theoretical knowledge about the research subject. After conducting a comprehensive literature review, primary data will be collected through questionnaire survey method in order to understand the behavior and the characteristics of the drug users. In the third phase, the collected data will be analyzed in order to generate detailed understanding of the research problem. The outcome of data analysis will be presented in the fourth phase to depict the

UK Politics Essay Example | Topics and Well Written Essays - 1000 words

UK Politics - Essay Example Hover the UK does not have a written constitution but it's governed by convections which are non statutory rules and are equally binding. The monarch is advised by ministers who hail from parliament and it appoints the prime minister, approves legislation and confers honors. As a head of state the monarch is the head of the armed forces. The British monarch (the queen) today has two roles that of head of state and as head of the nation. As the head of sate for Britain she plays an important role in undertaking important constitutional and representational duties. E.g. opening of parliament, approving of the orders in of council, signing acts of parliament plus meeting and conversing with the prime minister and ministers concerning state matters. Other duties include those of representing the state of Britain to the outside world In relation to the government of UK that is headed by a prime minister. The British parliament consists of the monarchy as where the queen is the head, the House of Lords and the House of Commons-which posses the dominant political power hence always supports the government of the day. Her maj esty duties involve the opening of new sessions of parliament and addressing it through the queen's speech. (Drafted by the government and outlines the government agenda), issuance of prorogue, dissolving parliament, assenting to bills and approving orders and proclamations through the Privy Council. Parliament can only meet without a royal summon if the sovereign head has died and parliament is not running. Other duties concern the devolve units of Scotland, Wales and Northern Ireland. On April 10th 1998 the Northern Ireland assembly was formed as part of the Good Friday agreement. It has authority over all devolved responsibilities. The assembly has full legislative authority over education, agriculture, health, social services and on wealth creation. Scotland on the other hand has two parliaments. The Westminster assembly legislates on matters that touch on the whole UK as a state while the one in Edinburgh legislates for the devolved domestic matters. The legislation for legislation was taken from Scotland in 1707 and taken to London till the 21st century on September 1997 when the majority of the Scots voted for a Scottish parliament in a plebiscite. The parliament was official opened by the queen on July 1999 and the new building officially opened by the queen in 2004. It has jurisdiction over primary legislation on matters that concern education, police, environment, economic development law and sets the basic rate of income tax among others. The members of p arliament of the Scottish parliament take the oath of allegiance to the crown. The parliament's first minister is appointed by the queen and receives weekly report from the Scottish parliament. This is done under the statutory law that established the parliament. Wales's power on legislation was devolved in 2006 where the Wales assembly has had power and authority to pass laws to address the local issues in Wales such as on health and education. These acts are passed without the approval of the UK-Parliament. These actions of devolution are clearly

Essay examples --

Traumatic Brain Injury: What happens to the blood-brain barrier? Introduction Traumatic brain injury (TBI) is a major cause of death and disability worldwide for which there is no cure. Many patients who survive from TBI may experience permanent cognitive loss, behavioral issues, and emotional disturbances, which require daily medical or social attentions.[1, 2] It is believed that over 2% US population is experiencing TBI-associated disabilities which create an annual burden evaluated at $60 billion on direct (medical service) and indirect (loss of productivity) costs.[3, 4] Traumatic brain injury is complex which consists of a mechanical trauma (primary injury) and a resulting biochemical cascade (secondary injury), and lead to a wide diversity of symptoms.[5] The blood-brain barrier (BBB) is a highly specialized endothelial barrier which separates components of the circulating blood from neurons.[6] The BBB acts as the interface between the vascular system and the brain that restricts and regulates the exchange of substances.[7] The blood- brain barrier is responsible for the maintaining of homeostasis of the brain through regulating the chemical environment, the entry of xenobiotic and the immune cell transport.[8, 9] The concentration of water, ions, amino acids, hormones and neurotransmitters in the blood undergo fluctuations. If those fluctuations were allowed to occur in the brain it would lead to local disruption of signal propagation and uncontrolled neural activity.[8, 10] Interruption of cerebral blood flow would result in neuronal death.[11] The blood-brain barrier breakdown has often been documented in patients with TBI which may also be used as a biomarker in the clinic and drug trials.[12] The blood-brain barrier ... ...he activate local microglia.[63] Activated microglia can contribute to blood brain barrier opening.[64] Inflammation following blood brain barrier disruption after traumatic brain injury might be vital for the implementation of tissue repair and reorganization or even cell death.[65] Summary The pathological processes that develop following brain injury inevitably lead to neuronal death, which can be immediate or delayed. Blood brain barrier disruption, resulting in neuronal loss, might also influence the long-term traumatic brain injury complications which are characterized by neuronal death.[66, 67] Blood brain barrier breakdown is the central role of traumatic brain injury in the pathophysiology. Prevention of secondary damage following traumatic brain injury poses an important position in the treatment of traumatic brain injury or blood brain barrier breakdown.

Structural Functionalism vs Conflict Theory

Structural functionalism and conflict theory have some different points of view. One of them is that structural functionalism sees society as a complex system, that permit it to interact cohesively, and looks society as a macro-level orientation; while the conflict theory focuses on the social system that only work for a select few of society and is known because the struggle for dominance among social groups that compete for scarce resources. Knowing this, How different structural functionalism views gender than conflict theory does in a society?Gender differences are viewed from functionalism as an efficient way to create divisions and specializing of cooperative labour into specifically circumscribed tasks and roles. Also, it is viewed as a social system where particulars segments are responsible for specific labor acts.These division of labor are very efficient because create a maximum use of resources. This theory has been criticized for reifying gender roles. In functionalist p erspective gender roles contribute to social relations.Conflict theory has a different look of gender. In this theory gender is viewed as an attempt from male to keep power and privilege over female, and males are seen as the dominant group while females are seen as the subordinate group. The only reason why gender roles still exist is because to maintain their power and status the dominant group is still working for that.There exist some difference about how this two theories, functionalist and conflict perspective sees gender and what is the importance in society. In my personal opinion I’m more with the idea that functionalism have with gender.

The Principles Of Nursing Practice - 2428 Words

This essay will discuss and reflect on one of the Principles of Nursing Practice and I will relate this to my practice experience. It will focus on Principle of Nursing Practice A: Dignity, humanity and equality and I will demonstrate knowledge of the Principle of Nursing Practice in my essay and investigate the professional, legal and ethical frameworks that guide nursing practice and discuss and link what I have experienced in practice to my chosen Principle. I have taken into account; The code of professional standards of practice and behaviour for nurses and midwives, I have gained and maintained individuals’ right to privacy and confidentially regarding the patients name and trust details (Nursing and Midwifery Council 2015 p. 6). The Principles of Nursing Practice were introduced by the Royal college of Nursing (RCN) with the input from the Department of Health, the Nursing Midwifery Council, service users and user organisations. They indicate to the public what they should expect from nursing practice, no matter if they are a colleague, service user, or the relatives or carers of the service users. The Principles explain what makes up the safe and effective nursing care, and encounter the aspects of behaviour, attitude and approach that underlie good quality care. They are important to health professionals, in delivering safe care because they indicate how to follow the principles, to be able to assist you in reflecting on your practice and development as aShow MoreRelatedThe Principles Of Nursing Practice2187 Words   |  9 PagesThis essay will discuss the Principles of Nursing Practice with particular reference to Principle D. The professional, legal and ethical frameworks that guide Principle D will als o be considered. The essay will relate this content to what I have read and experienced in practice. Firstly, it will give an overview of the Principles of Nursing Practice with a definition of Principle D. 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Possessing outstanding philosophical forces allows one to be respectful, well rounded and possess good character. Some examples of ways one has been respectful towards another person’s beliefs are discussed in the next paragraph