Thursday, October 31, 2019

Effective Political Campaigning in the United States Research Paper

Effective Political Campaigning in the United States - Research Paper Example In the contemporary politics; political campaigns in high profile societies normally involve candidates seeking positions such as head of government or state (Webb et al., 2002). The following essay will cover the keys essential to effective political campaigning, the role of campaign strategist and budget director in meeting the keys to effective political campaign. The essay will sum up by providing some of the lessons that can be learnt in conducting political campaigns and how they can be applied in improving local campaigns. Keys to effective political campaigning Any effective political campaign must put into force various elements to guarantee victory for the political position. These comprise of a political or campaign message, effective campaign financing and efficient organization of the entire political strategy (Richard & Mair, 2005). The campaign message comprises of the vision the candidate intends to share with the potential voters. This normally contains numerous poin ts of discussion in relation to policy matters. These points are frequently repeated with an aim of creating a lasting intuition among the voters. For instance, In Obama’s campaign the campaign message was â€Å"The Change we can believe in†. Besides, a successful campaign must have effective mobilization and management of campaign finance. Potential donors must be attracted by the political manifesto which will enhance effective political campaign. ... Campaign strategist may also be referred to as a campaign managers, consultants or pollsters (Xap Corporation, 2009). Campaign strategist advice candidates during campaigns and at times may continue working during the politician’s term in office. They judge what the electorate needs from leaders and assess how they may react to new policies. A campaign strategist plays a great role in ensuring that the campaign is adequately funded to ensure that the party meets all the voters’ needs (Phillips, Reynolds and Reynolds, 2010). They organize fund raising events to raise funds needed for the campaign. When organizing for funding raising, campaign strategist help identify the best sources of funds for the campaign and reach out to these groups. To convince different individuals contribute finances for the campaign; strategists design the most appealing approaches and especially when it comes to getting money from the private groups. In fund raising, campaign strategists may d irectly solicit funds, use of the internet or organize events (Xap Corporation, 2009). On the other hand, the budget director also plays a great role in ensuring that the funds available for campaign are effectively allocated to critical different areas that require funding. Moreover, they work hand in hand with the campaign strategist when organizing for fund raising for campaigns. Presence of a budget director in a campaign gives the financers of the campaign that their finances are effectively used in the campaigns. Budget directors also act as accountants during campaigns and are needed in regulation of use of campaign funds by the government and

Tuesday, October 29, 2019

Libraries, Documentation and Cross Referencing Essay Example for Free

Libraries, Documentation and Cross Referencing Essay One of the requirements for the final report in this course is to find and use information in external sources—either published, unpublished, or both. Of course, you might feel that your project needs no external information—that you already know it all. However, you should be able to identify information that you dont know and that needs to be in the report. For example, imagine you were writing backup procedures for running some sort of high-tech equipment at your workplace. Sure, you may be able to operate the thing in your sleep, but you may not know much about the technical processes or scientific principles behind it. And of course, it could be argued that such discussion is not needed in backup procedures. Background of that sort, however, might indeed be useful. Instructions often benefit by having this kind of background information—it can give readers a fuller sense of why they are doing what they are doing and a way of knowing what to do in case things go wrong. And of course, its important to have some experience using the library and other information sources in a more professional, business-like manner. In freshman writing classes, for example, writers are not challenged to push the librarys resources for all its worth—which is normally what typically happens in a technical writing project. Descriptors and Keywords. Another big issue when you begin your library search is finding those words and phrases that enable you to find the books, articles, reports, and encyclopedias that have all that information you need. Sometimes its not so easy! A keyword (also called a descriptor) is a word or phrase under which related information sources are listed. Imagine youre writing a report on the latest theories about the greenhouse effect: youd check book catalogs and periodical indexes for greenhouse effect, hoping to find lists of books or articles under that keyword. But that might not be the right one; things might be listed under the keyword global warming instead. So how do you find the right keywords? Here are some suggestions: Try to find any book or article on your topic—anything! Then explore it for the vocabulary it uses. In particular, check its listings for titles of other books and articles. Youre likely to find words and phrases that are the common keywords. Where to stop. If you faithfully go through the following suggestions, youre likely to have a long list of books, article, reports, and other sources—more than you could ever read in one semester. What to do? First of all, dont back away from at least knowing whats out there on your topic. Once you start looking at your list, youll see many things that seem to duplicate each other. If, for example, you have five or six books with roughly the same title, just pick the one that is the most recent and that seems the most complete and thorough. Many other sources will branch out into subtopics you have no interest in. And of course many of the items wont even be available in any nearby library or bookstore. Finding Information Sources Once youve convinced yourself that you need to go after some external information sources (if you havent, get in touch with your instructor) and have found some pretty reliable keywords to use, its time to start the search. Where to start though? The logical starting point is whichever information source you think is likely to have the best stuff. For hot, late-breaking topics, articles and proceedings (talks given at conferences that are published) may be the best bet. For stable topics that have been around awhile, books and encyclopedias may be better. However, if youre not sure, you may want to systematically check a number of the common types of information sources. Internet Resources Its increasingly possible to do much if not all your information gathering on the Internet and particularly through the World Wide Web. Books One good starting place for your information search is books. If you do all these searches, youre likely to end up with a monster list of books. No, you dont have to read every one of them. In fact, you may not be able to lay your hands on most of them. Check the list and try to find a book that seems the most recent and the most definitive. (Check tables of contents and indexes to see which are the most thorough, complete, and authoritative.) And, no, you dont have to read all of it either—just the parts that relate directly to your topic. As soon as you can, try to get your hands on as many of these books as you can. Check their bibliographies (list of books, articles, and other information sources consulted) at the end of the book, at the ends of chapters, and in footnotes. These will be good leads to other books that your other searches may not have found. Also, while youre in the stacks, check the books nearby the ones you have on your list; you may see other ones that could prove useful. Magazine and Journal Articles. While books give you fairly stable information and often at a higher level of generality, magazines, journals, and newspapers often give you much more specific, up-to-date information. There are two ways to approach finding journal articles: through general indexes and through specialized indexes. Here are some strategies for finding articles: Check several general indexes for your topic. These indexes cover a broad range of magazines and journals—they are more popular and are for general audiences and therefore cant be relied on specialized, technical material. Still, they are a great place to start, and if you are not being very technically ambitious with your report, they may supply you with all you need. At ACC, the general indexes include Readers Guide to Periodical Literature. Try finding your topic in the most recent volume of each of these (unless you have a topic that was hot several years ago, in which case youd want to check the index volumes for those years). Try to find a good specialized index for the field that is related to your topic. As with books, you wont be able to read all of the articles you find, nor will you even be able to get access to them (or at least right away). Try finding and reading the abstracts of the article on your list; this is a good way to get a brief picture of what the article contains and whether it will be useful to you. Just try to find the articles that relate directly to your topic, and read them selectively when you get them. Encyclopedias Another good source of introductory information is encyclopedias. You can use these either to get yourself up to speed to read and understand the more technical information you come across, or you can use the encyclopedia information itself in your report (in which youll need to document it, as discussed later in this appendix). Check for your topic in a general encyclopedia, using all the various keywords related to that topic you can think of. As with periodical indexes, encyclopedias are available in general and specialized varieties. Youre familiar with the general encyclopedias such as World Book Encyclopedia and the Britannica. And of course a number of encyclopedias are now available online in CD-ROM format (however, the content of most of these seems rather slight compared to the printed versions). These are great for starters, and in some cases they may provide all the information you need in your report. Also, check any bibliography—lists of related books, articles, and reports—that may be listed at the end of individual articles. Also try to find an appropriate specialized or technical encyclopedia in which to search for your topic. You may need more technical detail, or your topic may be a tough one not covered very well in general information sources-in which case you may want to consult specialized encyclopedias. Even in this group, there are general ones that cover a broad range of scientific and technical fields. Reference books—handbooks, guides, atlases, dictionaries, yearbooks. Another source of information reports is all those reference books out there. Every field has its handbooks (repositories of relatively stable, basic information in the field), guides (information on literature in the field, associations, legalities, and so on), atlases (more than just maps, great repositories of statistical data), dictionaries and encyclopedias, and finally yearbooks (articles, data, and summaries of the years activity in a given field). You look for them in the catalogs: when you look up your topic, youll find entries for these sorts of reference books as well as for the books mentioned earlier in this appendix. DOCUMENTATION When you write a technical report, you can and should borrow information like crazy—to make it legal, all you have to do is document it. If your report makes you sound like a rocket scientist but theres not a single source citation in it and you havent even taken college physics yet, people are going to start wondering. However, if you take that same report and load it up properly with source citations (those little indicators that show that you are borrowing information and from whom), everybody is all the more impressed—plus theyre not secretly thinking youre a shady character. A documented report (one that has source indicators in it) says to readers that youve done your homework, that youre up on this field, that you approach these things professionally—that you are no slouch. Number System of Documentation In the number system, you list your information sources alphabetically, number them, and put the list at the back of your report. Then in the body of your report, whenever you borrow information from one of those sources, you put the source number and, optionally, the page number in brackets at that point in the text where the borrowed information occurs. What to Document This question always comes up: how do I decide when to document information—when, for example, I forgot where I learned it from, or when it really seems like common knowledge? There is no neat, clean answer. You may have heard it said that anything in an encyclopedia or in an introductory textbook is common knowledge and need not be documented. However, if you grabbed it from a source like that just recently—it really isnt common knowledge for you, at least not yet. Document it! If you just flat cant remember how you came by the information, then it has safely become common knowledge for you. One other question that is often asked: do I document information I find in product brochures or that I get in conversations with knowledgeable people? Yes, most certainly. You document any information, regardless whether it is in print, in electronic bits, magnetic spots, or in thin air. How to Place the Source Indicators Its a bit tricky deciding exactly where to place the source indicators—at the beginning of the passage containing the borrowed information, at the end? If it makes sense to attribute the source (cite the name of the author or the title of the information), you can put the attribution at the beginning and the bracketed source indicator at the end (as is shown in in the following). Number documentation system: the code numbers in the text of the report are keyed to the references page. For example, [6:5] in the middle of the page from the body of the report indicates that the information came from source 6 (in References), page 5. Notice the attribution of the quotation marks the beginning of the borrowed information and the bracketed source indicator marks the end. Setting Up the Sources List A bit more challenging is setting up the list of information sources—that numbered, alphabetized list you put at the end of the document. The best thing to do is use examples. The following illustrations show you how to handle books, government reports, article from magazines and journals, encyclopedia articles, and personal interviews. Internet and Web information sources Books For books, put the name of the author (first name last) first, followed by a period, followed by the title of the book (in italics if you have; otherwise, underline), followed by a period, followed by the city of the publisher, followed by a colon, followed by the publishers name (but delete all those tacky Inc., Co., and Ltd. things), followed by the year of publication, ending with a period. In this style, you dont indicate pages. Example: book entry Magazine and journal articles Start with the authors name first (last name first), followed by a period, then the title of the article in quotation marks and ending with a period, followed by the name of the magazine or journal (in italics if you have it; otherwise, underline), followed by a period, followed by the date of issue of the magazine the article occurs in, followed by the beginning and ending page. If the article spread out across the magazine, you can write 33+. or 33(5). The latter style seems to be taking hold; in it, you estimate how many pages the article would be if it were continuous. If there is no author, start with the article or book title. If there are two authors, add and and the second authors name, first name first. If there are too many authors, use the first one (last name first), followed by et al., which means and others. [pic] Example: magazine entry Encyclopedia articles Encyclopedia articles are easy! Start with the title of the article in quotation marks ending with a period, followed by the name of the encyclopedia (in italics if you have it; otherwise, underline), followed by the period, then the year of the edition of the encyclopedia. [pic] Example: encyclopedia entry Reports. With reports, youre likely to dealing with government reports or local informally produced reports. With most reports, you may not have an individual author name; in such cases, you use the group name as the author. For government reports, the publisher is often the Government Printing Office; and the city of publication, Washington, D.C. Also, for government documents, you should include the document number, as is shown in the following example. [pic] Example: entry for a report Personal interviews, correspondence, and other nonprint sources. With these sources, you treat the interviewee or letter writer as the author, follow that name with the persons title, followed by a period, then the company name, followed by a period, then the city and state, followed by a period, then what the information was (Personal interview or Personal correspondence) followed by a period, ending with the date. [pic] Example: entry for unpublished information Product brochures. For these kinds of information sources, treat the company name as the author, followed by a period, use something identifying like the product name (including the specific model number), followed by anything that seems like the title of the brochure, followed by a period, ending with a date if you can find one (otherwise, put N.d.). [pic] Example: entry for a product brochure CROSS REFERENCING Technical reports and instructions often require cross-references—those pointers to other place in the same document or to other information sources where related information can be found. Cross-references can help readers in a number of different ways. It can point them toward more basic information if, for example, they have entered into a report over their heads. It can point them to more advanced information if, for example, they already know the stuff youre trying to tell them. Also, it can point them to related information. Related information is the hardest area to explain because ultimately everything is related to everything else—there could be no end to the cross-references. Of course, the preceding discussion assumed cross-references within the same document. If there is just too much background to cover in your report, you can cross-reference some external book or article that does provide that background. That way, you are off the hook for having to explain all that stuff! Cross-reference consists of several elements: Name of the source being referenced This can either be the title or a general subject reference. If it is a chapter title or a heading, put it in quotation marks; if it is the name of a book, magazine, report, or reference work, put it in italics or underline. (Individual article titles also go in quotation marks.) Page number Required if it is in the same document; optional if it is to another document. Subject matter of the cross-reference Often, you need to state whats in the cross-referenced material and indicate why the reader should go to the trouble of checking it out. This may necessitate indicating the subject matter of the cross-referenced material or stating explicitly how it is related to the current discussion. These guidelines are shown in the illustration. Notice in that illustration how different the rules are when the cross-reference is internal (that is, to some other part of the same document) compared to when it is external (when it is to information outside of the current document). Examples of cross-references Internal cross-references are cross-references to other areas within your same document; external ones are those to books and documents external to your document.

Sunday, October 27, 2019

EU Competition Law and Economics

EU Competition Law and Economics Discuss the use of terms drawn from economics in the jurisprudence of the European Court of Justice, which relate to the interpretation of Articles 101 and 102 of the Treaty on the Functioning of the European Union. Examine, in particular the role such terms play in the legal argument. This essay will examine the economic theories, both from a classical point of view and neo-classical to determine the underpinnings of competition law. Through the works of Adam Smith regarding monopolies in the Wealth of Nations[1] and John Stuart Mill through his theories on restraints of trade in On Liberty[2] this will demonstrate some economic objectives in pursuing laws regarding competition law. This will be supplanted with the neo-classical theories that have given more reasons through economic terms for laws regarding competition. This will provide a bedrock for an analysis of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which have been noted as the two principal Articles dealing with competition law in the European Union (EU).[3] The fundamental reason for having competition law in the EU is to allow for a flourishing free market and to ensure that corporate enterprises do not have undue influence or dominance in the market or even thr ough political influence.[4] This analysis of Articles 101 and 102 of the TFEU through the cases that have come through the Court of Justice of the European Union (CJEU) will be looked at through the prism of the economic theories that have been outlined. By looking at it through that prism, it will allow for a determination in terms of whether the role of the economic terms are brought into the legal arguments. It has been suggested that the lawyers and the economics are co-pilots of the competition law aeroplane[5] and this essay will determine whether that is true by looking at the economic theories and the cases through the EU framework on competition law. Economic Theory and Competition Law Prior to delving into how competition law has adopted economic terms and theories, it is imperative to understand how economics operates vis-Ã  -vis competition law. The classical economic theories, as noted by John Stuart Mill state that it is through competition that the political economy can have a scientific basis through which wages, rent and prices can be regulated. Whilst Mill does not provide a definition on what he meant by competition his theory on what laws surrounding competition could achieve were indicative. Smith took this further in Wealth of Nations when he stated it is the right of every man to enter into competition with any other man insofar as it does not violate the laws of justice and the idea of competition was to ensure that those in business bought dearer and sold for cheaper rather than having a monopoly with the opposite occurring. This theory was noted as a statement of perfect competition. This demonstrates the classical theories that exist but as time as gone on there have been neo-classical theories that give more defined responses. In terms of the neo-classical theories, the USA has seemingly stated that competition law should be interpreted solely through what the theories in economics dictate;[6] however, this is questioned in the EU structures. The competing views in the EU look at the efficiencies as well as other concerns such as the environment and the effect on employment.[7] In terms of taking into account the outcome of having perfect competition, it has been stated that allocative and productive efficiency is achieved which leads to the maximisation of social welfare.[8] In terms of allocative efficiency this is an economic term that means the resources will be allocated to different goods and services but will be divided insofar as it remains privately profitable to do so.[9] The second is that of productive efficiency which means that goods and services in society will be produced at the lowest cost.[10] In this regard, competition is seen as beneficial for the productive efficiency because if monop olies exist then it is likely that they will be high cost producers and they can pass that on to the consumer.[11] A third efficiency has been put forward that explains the need for competition, that being dynamic efficiency which cannot be accurately proved[12] but states that competition allows for products to be developed and created to gain the custom of consumers. This theory, in all but name, had been put forward by Smith when he stated that competition allows for new improvements of art[13] showing that this efficiency has long been spoken of. This has been questioned as monopolies have the money to carry out research[14] and where there are monopolies others will try to intervene to get their custom.[15] On this basis, how the EU and CJEU have dealt with situations where monopolies arise must be examined to determine whether the economic terms have led to the decision that has been made. Article 101 TFEU In terms of Article 101 of the TFEU, this is designed to ensure that restrictive practices are deemed incompatible with the common market. The restrictions that are placed on undertakings, which cover all entities that are involved in business,[16] have been seen to be circumvented for a number of reasons. In the case of Wouters Others v Algemene Raad van de Nederlandse Orde van Advocaten[17]it was held that despite a restriction on the legal profession, it was pursuing a legitimate objective in ensuring proper legal practice and therefore was allowed. It has been noted that this idea of a legitimate objective will stay within the competition law of the EU,[18] however, it is what constitutes a legitimate objective that can have implications for economic terms being used in the CJEU. In terms of a finding a legitimate objective, it has been noted that it is not necessary to look at the economic and non-economic objectives as they often go hand in hand.[19] In cases involving profess ional services such as Wouters and other cases such as Asnef Equifax[20]it was noted that the CJEU took into account the issue of information asymmetry whereby despite the fact that there is a restriction on competition which could increase the cost the consumer, the quality will go up which is especially prevalent in professional services.[21] These decisions tend to go against the productive efficiency in that the cost will go up by allowing increased restriction on trade in professional services, however, the allocative efficiency would be seen to improve as the quality given to the consumer improves. This demonstrates that Article 101 of the TFEU has taken the economic viewpoint into account in ensuring that the Treaty does not act rigidly vis-Ã  -vis competition law. The mechanism of Article 101 has not completely followed the economic arguments and this is seen with cases involving free riders. This was seen in the case of Consten and Grundig v Commission[22]which involved Consten who was to be the exclusive distributor in France of Grundig electrical goods with the effect that free riders, who would wait for Consten to promote the goods before then selling the Grundig electrical goods at a lower price than Consten.[23] The free rider economic system has been allowed in the United States of America in the case of Continental TV v GTE Sylvania[24] on the basis that it was economically sound. However, this was rejected in Consten on the basis that the fundamental objective of the EU plan is to have greater integration within the single market and not just to increase consumer protection and welfare.[25] Indeed, in the more recent case this viewpoint was reaffirmed in the case of GlaxoSmithKline v Commission[26]where the guidance from the EU was co nsidered and it was noted that companies are not allowed to establish private barriers within the single market of the EU.[27] These decisions from the CJEU demonstrate that whilst the economic considerations have to be taken into account, they are secondary to the fundamental aim of the EU project to have ever closer Union[28] and to ensure that there are no private barriers within the single market. To compare this to the co-pilot analogy at the beginning of this essay, these decisions would suggest that the policy makers of the EU are the pilots and the lawyer and economist are mere passengers. It must be noted that Article 101 has a defence mechanism at 101(3) which is primarily based on the economic considerations that have been outlined. This defence is for a defendant to prove but all agreements made are eligible to qualify under Article 101(3) if the requirements are met.[29] The requirements state that technical and economic progress must be improved which links with the dynamic efficiency theory of competition law economics.[30] The other requirements involve not eliminating competition on the market as well as ensuring that consumers receive a fair share of the benefits from the agreement. This ties in with Smiths theory on monopolies and improving the market through competition laws as well as the allocative and productive efficiencies noted in the more neo-classical theories regarding economics and competition law. Indeed, this defence under Article 101(3) has been given a wide interpretation as seen in CECED[31]where the economic efficiencies were central to the judgment in declaring that the environmental benefits had to be looked at in terms of their effect on the consumer.[32] As this defence is couched in terms that are readily identifiable with the economic theories, it demonstrates that the economic terms have a huge role in competition law within the EU. Article 102 TFEU In terms of Article 102 of the TFEU, its whole basis is in economic terms as it is designed to stop dominance and abuse. The use of the term dominance in economics is deemed to be wider than that of a monopoly[33] and is a position of economic strength that prevents effective competition being maintained.[34] This type of dominance goes beyond just a single entity and the CJEU can look at more than one economic enterprise to see whether there is dominance, with what is known as collective dominance.[35] In this regard, the economic term of collective dominance and dominance generally was indicative in the case of Italian Flat Case to show that there was a breach of Article 102.[36] The second economic term alongside dominance in Article 102 is that of abuse, which is where a dominant entity can use its economic strength to obtain more benefits that it would have if it was a smaller entity.[37] The use of economic terms in Article 102 cases can be seen when abuse is discussed. Article 102 makes reference to unfair prices but the CJEU has looked beyond this to see situations where there has been predatory pricing[38] and excessive pricing that look at economic terms in terms of how undertakings with great economic strength may attempt to price their competitors out of the market.[39] This tends to demonstrate that there are some economic terms that are used not only in Article 102 itself but also by the CJEU in its interpretation of the Article. However, this view has not been completely replicated across the spectrum. The use of the economic terms in invoking Article 102 has been seen as haphazard[40] and this can be seen through the cases where there has been some reliance on economic terms such as predatory pricing noted above but there are others where it has been based more on the legal concepts such as where there is commission attached for selling a certain brand.[41] In this regard, when Article 102 is looked at solely it can be seen that it is couched in economic terms such as dominance and others have come in through cases such as predatory pricing but when it is compared to its counterpart, Article 101, the effect of economics on its interpretation has not been as widespread.[42] Accordingly, when it comes to the aeroplane analogy with Article 102 it is very much that the lawyer takes the chief pilots role whereas the economist operates as a co-pilot that attempts to bolster any legal arguments that have been made. Conclusion This essay has examined EU Competition Law to determine whether the role of economics or law is prevailing in its application. The economic theories, both classical and neo-classical, demonstrate that the basis for competition law is allowing a free market to ensure that the consumers are able to receive products at a low price and other individuals are able to compete with the larger firms. In relation to Article 101 it can be seen through the use of legitimate aim and the defence given in Article 101(3) that the economic terms have a great role to play in how the case would be decided by the CJEU. However, as noted with the free rider cases such as Consten it is readily identifiable that the economics will only be taken into account after the fundamental aim of the EU, that being ever closer Union, is dealt with. This shows that the economic terms as well as the legal terms are very much secondary to the fundamental aims of the EU project. When the policy issue is put to one side, it can be seen that the economic terms and the legal terms in deciding a competition law case under Article 101 are co-pilots ensuring that the correct decision is made. In terms of Article 102, the use of economics has not been as prevalent as with Article 101 but this is largely due to the fact that there is a lack of a general theme. Perhaps as the law develops vis-Ã  -vis Article 102, the economic terms will have a greater role to play. Bibliography Legislation Treaty on the Functioning of the European Union Cases Akzo Chemie BV v Commission [1991] ECR I-3395 Asnef Equifax Servicios de Informacion sobre Solvencia y Credito SL v Asociacion de Usuarios de Servicios Bancarios [2006] ECR I-11125 British Airways Plc v Commission [2007] ECR I-2331 CECED [2000] OJ L187/47 Consten and Grundig v Commission [1966] ECR 299 Continental TV v GTE Sylvania (1977) 433 US 36 GlaxoSmithKline v Commission [2009] ECR I-9291 Klaus Hofner Fritz Esler v Macrotron GmbH [1991] ECR I-1979 Matra Hachette v Commission [1994] ECR II-595 PPG Vernante Pennitalia Spa v Commission [1992] ECR II-1403 United Brands Company v Commission [1978] ECR 207 Wouters Others v Algemene Raad van de Nederlandse Orde van Advocaten [2002] ECR I-1577 Books Akman P, The Concept of Abuse in EU Competition Law: Law and Economic Approaches (Bloomsbury 2015) Bork RH, The Antitrust paradox (The Free Press, 1978) Chalmers D, Davies G Monti G, European Union Law (2nd edn, CUP 2010) Jacobs K (ed), Effective Standardization Management in Corporate Settings (IGI Global, 2010) Galbraith, American Capitalism: The Concept of Countervailing Power (Houghton Mifflin, 1952) Huerta de Soto J, The Theory of Dynamic Efficiency (Routledge 2009) Jones A Sufrin B, EU Competition Law: Text, Cases and Materials (6th edn, OUP 2016) Kaczorowska A, European Union Law (Routledge 2008) Kaczorowska-Ireland A, Competition Law in the CARICOM Single Market and Economy (Routledge 2012) Mill JS, On Liberty (Vail-Ballou Press, 2003) Scherer Ross, Industrial Market Structure and Economic Performance (3rd edn, Houghton Mifflin, 1990) Schulze R, An Introduction to European Law (2nd edn, CUP 2015) Schumpter, Capitalism, Socialism and Democracy (Taylor Francis, 1976) Smith A, An Enquiry into the Nature and Causes of the Wealth of Nations (Penguin, 1999) Whish R Bailey D, Competition Law (8th edn, OUP 2015) Articles Apostolakis I, E-Commerce and Free Rider Considerations Under Article 101 TFEU (2016) ECLR 114 Ibanez Colomo P, Market Failures, Transaction Costs and Article 101(1) TFEU Case Law (2012) 37(5) ELR 541 Janssen C Kloosterhuis E, The Wouters Case Law, Special for a Different Reason? (2016) ECLR 335 Lianos I, In Memoriam Keck: The Reformation of the EU Law on the Free Movement of Goods (2015) EL Rev 225 Nowag J, Wouters, When the Condemned Live Longer: A Comment on OTOC and CNG (2014) 36 ECLR 39 ODonoghue R, Defining Legitimate Competition: How to Clarify Pricing Abuses under Article 83 EC (2002) 26 Fordham Intl LJ 83 Posner RA, The Social Costs of Monopoly and Regulation (1975) 83 JPE 807 Ratliff J, Major Events and Policy Issues in EC Competition Law, 2001: Part 1 (2002) ICCLR 6 Stigler G, Perfect Competition, Historically Contemplated (1957) 65(1) J Pol Eco 1 Temple Lang J, Some Aspects of Abuse of a Dominant Position in EC Antitrust Law (1979) 3 Fordham Intl LF 1 Tsoulfidis L, Classical vs Neoclassical Conceptions of Competition (2011) MPRA 1 Vickers J, Concepts of Competition (1995) 47 Oxford Economic Papers 1 Miscellaneous Commission, Notice Guidelines on Vertical Restraints (2010) OJ C130/1 de la Mano M, For the Customers Sake: The Competitive Effects of Efficiencies in European Merger Control (Enterprise Paper No 11, 2002) [1] A Smith, An Enquiry into the Nature and Causes of the Wealth of Nations (Penguin, 1999). [2] JS Mill, On Liberty (Vail-Ballou Press, 2003). [3] D Chalmers, G Davies G Monti, European Union Law (2nd edn, CUP 2010) p. 962. [4] RA Posner, The Social Costs of Monopoly and Regulation (1975) 83 JPE 807. [5] R Whish D Bailey, Competition Law (8th edn, OUP 2015) p. 2. [6] RH Bork, The Antitrust paradox (The Free Press, 1978). [7] I Lianos, In Memoriam Keck: The Reformation of the EU Law on the Free Movement of Goods (2015) EL Rev 225, 244. [8] Scherer Ross, Industrial Market Structure and Economic Performance (3rd edn, Houghton Mifflin, 1990) Ch. 1. [9] R Whish D Bailey, Competition Law (8th edn, OUP 2015) p. 5. [10] M de la Mano, For the Customers Sake: The Competitive Effects of Efficiencies in European Merger Control (Enterprise Paper No 11, 2002) p. 8. [11] J Vickers, Concepts of Competition (1995) 47 Oxford Economic Papers 1. [12] J Huerta de Soto, The Theory of Dynamic Efficiency (Routledge 2009) p. 1-2. [13] Smith (n 1) p. 706. [14] Galbraith, American Capitalism: The Concept of Countervailing Power (Houghton Mifflin, 1952). [15] Schumpter, Capitalism, Socialism and Democracy (Taylor Francis, 1976). [16] A Jones B Sufrin, EU Competition Law: Text, Cases and Materials (6th edn, OUP 2016) p. 116. [17] [2002] ECR I-1577. [18] J Nowag, Wouters, When the Condemned Live Longer: A Comment on OTOC and CNG (2014) 36 ECLR 39. [19] P Ibanez Colomo, Market Failures, Transaction Costs and Article 101(1) TFEU Case Law (2012) 37(5) ELR 541, 560. [20] Asnef Equifax Servicios de Informacion sobre Solvencia y Credito SL v Asociacion de Usuarios de Servicios Bancarios [2006] ECR I-11125. [21] C Janssen E Kloosterhuis, The Wouters Case Law, Special for a Different Reason? (2016) ECLR 335, 337. [22] [1966] ECR 299. [23] Chalmers (n 3) p. 979. [24] (1977) 433 US 36. [25] I Apostolakis, E-Commerce and Free Rider Considerations Under Article 101 TFEU (2016) ECLR 114, 116. [26] [2009] ECR I-9291. [27] Commission, Notice Guidelines on Vertical Restraints (2010) OJ C130/1. [28] A Kaczorowska, European Union Law (Routledge 2008) p. 86. [29] Matra Hachette v Commission [1994] ECR II-595. [30] R Schulze, An Introduction to European Law (2nd edn, CUP 2015) p. 318. [31] [2000] OJ L187/47. [32] J Ratliff, Major Events and Policy Issues in EC Competition Law, 2001: Part 1 (2002) ICCLR 6. [33] Klaus Hofner Fritz Esler v Macrotron GmbH [1991] ECR I-1979. [34] United Brands Company v Commission [1978] ECR 207, para. 65. [35] A Kaczorowska-Ireland, Competition Law in the CARICOM Single Market and Economy (Routledge 2012) p. 170. [36] PPG Vernante Pennitalia Spa v Commission [1992] ECR II-1403. [37] J Temple Lang, Some Aspects of Abuse of a Dominant Position in EC Antitrust Law (1979) 3 Fordham Intl LF 1, 9. [38] Akzo Chemie BV v Commission [1991] ECR I-3395. [39] P Akman, The Concept of Abuse in EU Competition Law: Law and Economic Approaches (Bloomsbury 2015) p. 188. [40] R ODonoghue, Defining Legitimate Competition: How to Clarify Pricing Abuses under Article 83 EC (2002) 26 Fordham Intl LJ 83. [41] British Airways Plc v Commission [2007] ECR I-2331. [42] Chalmers (n 3) p.1007.

Friday, October 25, 2019

The Trebuchet Essay examples -- medieval siege machine

Used by castle commanders during times of peace to hurl roses to ladies during tournaments, trebuchets proved a deadly weapon in the field of ancient warfare. Flinging a wide variety of objects hundreds of yards, the trebuchet became the weapon of choice for laying siege to a castle. Its incredible range could often place it beyond the effectual defense range of the castle archers, thereby permitting the besiegers to destroy the defender's walls with little interference. During extended sieges, trebuchets were often used to hurl large quantities of dung, dead animals, and other such items to encourage disease throughout the besieged city. Trebuchets earned a reputation for being much more accurate and precise than their onager and catapult counterparts. Not only was this accuracy a benefit, but being based on rotational motion and leverage rather than torsion (spring power) and lacking in a throwing arm stop, the trebuchet proved a much safer alternative for the personnel operating it. Onagers and Mangonels would literally explode on occasion when the torsion proved too great or a crack developed in the throwing arm due to the rapid stops it experienced. All in all, the Trebuchet was a fearsome weapon of mass destruction during the Middle Ages, a force to be reckoned with. Trebuchets only lost favor when cannons emerged, and the primary benefit of the cannon that the trebuchet lacked was not in fact power, but rather mobility. Smaller, more maneuverable cannons rapidly overran the position of the trebuchet in most armies across the world. Warwolf, the legendary trebuchet built by the English Army to destroy Castle Urquhart, which was located in the Highlands of Scotland, on the shores of the also infamous Loch Ness. Par... ...elease and a more horizontal trajectory, with higher velocity. In an attempt to better understand the components of the trebuchet and to permit the viewer a better idea of the manner in which the firing of a trebuchet occurs, a trebuchet constructed entirely of K-nex was built this past week. The counterweight consisted of 5000 steel bb's wrapped in plastic and duct tape, while the sling itself was made of duct tape and twine. The remaineder of the trebuchet, including the throwing arm, were constructed purely from K-nex. Standing some 3 feet tall, this trebuchet could repeatedly launch a 2-3oz object in excess of 20 feet. Lengthening the sling proved valuable, increasing velocity and range considerably. However, a point was reached at which the sling length could be said to be optimized, and lengthening it further only created unpredictable release angles.

Thursday, October 24, 2019

Analysis of Comments on a New York Times Article Essay

The article, â€Å"Forced From Executive Pay to Hourly Wage,† which was written by Michael Luo and was published in the New York Times last February 28, 2009, basically told the story of people who used to earn five or six-figure amounts per year, are now being paid hourly minimum wages. One example in the article was the case of Mark Cooper, who used to earn $70,000 as a security manager for Fortune 500 Company in the United States and who oversees a budget of $1. 2 million. Nine months ago, he lost his job and now he is earning $12 an hour in his job at his friend’s janitorial services company. Although the article itself is appealing enough, it is also interesting to note the readers’ comments about it. As of now, there are 300 comments about the article and upon reviewing most of them, it can be surmised that each reader who commented had significantly different viewpoints and opinions about the story told in the New York Times article. Evidently, these readers adhere to different moral codes which are seen through their responses. In general, the readers who commented on the article can be divided into two groups: one group lauded the brave act of Mark Cooper while the other criticized the style of writing and the subtle message that New York Times writer used in the article. One of the reader’s who praised the article story admired the courage of Mr. Cooper as he was able to lower his pride and found ways to provide for his family even if it means that he has to scrub toilets and have his salary dramatically reduced from five figures to an hourly wage without any benefits. In a sense, this group highly regarded the value of hard work and starting all over again in a dignified way. Most of their comments basically indicated that Mr. Cooper is not alone and that there are hundreds of Americans who have similar â€Å"riches to rags† stories. These readers, based on their comments, also believed that there is no shame being poor as long as one has a dignified and lawful job. On other hand, the other group of readers who commented on the article criticized the New York Times for insinuating that those who work blue-collar jobs are lower forms of human beings than those who work white-collar ones. They see the article as discriminating to Americans who have been living their lives below the poverty line for a long time even before the current economic crisis. For example, one reader lamented that article more or less showed that a $12-an-hour job is an indecent way of living, which is not true. In addition, one reader did not feel sorry for Mr. Cooper and commented that he had a lot to be thankful for because he lives in an above average house and was able to live a rich life. To this reader, the economic crisis makes everyone in America equal because they are struggling to make ends meet. However, what’s common in all the readers’ responses is that they could all relate to the difficulties experienced by the people depicted in the article. In fact some of the readers, who are evidently from different walks of life, shared their own stories in their comments. In other words, the single factor that binds all the readers who commented is the hardship brought about by the financial crisis in America. In a way, the article’s comments show two things: one is that there are a lot of Americans who are so used to a good life that they are seemingly caught off-guard when a devastating financial crisis like this hits them and the other is that due to the crisis, most Americans would be willing to take on any job just to survive. But the comments also indicated that Americans are more unified in achieving a common goal which is to recover from the devastating effects of the crisis and rebuild their lives. Works Cited Luo, Mark. â€Å"Forced From Executive Pay to Hourly Wage. † 28 February 2009. New York Times. 4 March 2009 < http://www. nytimes. com/2009/03/01/us/01survival. html? pagewanted=1&_r=2&sq=executive%20janitor&st=cse&scp=1>.

Tuesday, October 22, 2019

Different Methods of Endorsing a Check

An indorsement is made by the holder of a check when he or she wants to negotiate it or wants to indicate a limitation as to its specific purpose. An example of a specific purpose is when the indorser only wants the check to be deposited to an account, not cashed over the counter. A third purpose of indorsement is when a bank or a person paying for the amount indicated in the check wants to obtain the liability of the person negotiating the check. Indorsement could be done by the holder in several ways, namely: by special indorsement, blank indorsement, restrictive indorsement, and qualified indorsement.  (Mallor-Barnes-Bowers-Langvardt, 2007)Special indorsement means that the holder of the check affixes his or her signature on the back of the check and then writes down the name of the specific person who could negotiate it or authorize to have it negotiated. For instance, a check has been specially indorsed to John Smith if the holder of the check (say, Mary Walters) wrote on the back thereof his name as payee and affixes his/her signature below John Smith’s name.A holder, for this purpose, refers to the person who has in his or her possession a check which is â€Å"payable to bearer† or made out in his or her name. When the check has been specially indorsed to John Smith, he, in turn, becomes a holder of the check who is authorized either to negotiate the check or indorse it to someone else. (Mallor et al. , 2007)  §3-205 of the Uniform Commercial Code (UCC) specifically states that â€Å"When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.† (Cornell University Law School, n. d. )Blank indorsement occurs when the holder simply affixes his or her signature at the back of the check without identifying any person as payee or indorsee. In the example, Mary Walters, as payee of the check, simply signs her name on the back of the check without naming an y particular person to whom the check could be paid. In this case, having indorsed the check in blank, Mary has converted the check into a â€Å"payable to bearer† check. It could therefore be transferred by anyone who acquires it.If it is John Smith who takes possession of the check, he can negotiate it by simply writing his or her name on the back of the check, thereby identifying him as the person to whom the check could be paid. His act of writing his name effectively converts a blank-indorsed check to a specially indorsed check. (Mallor et al. , 2007) â€Å"When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed. † (Cornell University Law School, n. d. ) Restrictive indorsement refers to a situation when a check is indorsed to satisfy a specific purpose only.A case in point is when a person wants that a check issued to him – like for example a paycheck or a check which re presents proceeds from an insurance claim – should only be deposited in his account at a specified bank, he or she should indicate in so many words by writing down, for instance, the following: â€Å"For Deposit to my Account at Chase Manhattan Bank. † This restricts the indorsement to the purpose specified. If, for any reason some other person other than the payee presents the check which is so indorsed to a bank, the law states that said bank should ensure that the proceeds of the check should go to the specified account.If the bank releases the amount to the person who presents the check, said bank will be liable under the principle of conversion. Judge McEwen of the New York Supreme Court, in Lehigh Presbytery v. Merchants Bancorp, Inc. (Penn. Super. Ct. 1991) said that the UCC orders banks to honor such restrictions or be liable for any resulting losses, saying that this principle was meant â€Å"to prevent† fraud. (As cited in Mallor et al. , 2007) Qualifi ed indorsement is a type of indorsement which could be made on checks which have been indorsed specially or in blank.This is resorted to by an indorser who wishes to free himself or herself from any liability in case of default on the part of the person who issued the check by writing the words â€Å"Without Recourse. † In other words, if the maker of the check fails to meet his or her obligation, the indorser would not be liable if he or she qualifies the indorsement.  § 3-415 of the UCC has specifically provided that although the indorser â€Å"is obliged to pay the amount due† on a dishonored instrument, in a qualified indorsement â€Å"the indorser is not liable †¦ to pay the instrument.† (Cornell University Law School, n. d. )The law governing negotiable instruments, specifically the methods of indorsing a check, is one of those laws which were passed not only to govern the conduct of business in the country but also to help Americans protect their h ard-earned wealth from scheming, unscrupulous individuals. As it stands, the law on negotiable instruments which has withstood the test of time merits the support of every well-meaning citizen of the country.

Monday, October 21, 2019

Intonation Phrases in Phonetics

Intonation Phrases in Phonetics In phonetics, an intonation phrase is a stretch (or chunk) of spoken material that has its own intonation pattern (or tune). Also called an  intonation group, phonological phrase, tone unit, or tone group. The intonation phrase (IP) is the basic unit of intonation. In a phonetic analysis, the vertical bar symbol (|) is used to represent the boundary between two intonation phrases. Examples and Observations When speakers produce words in a row, we can usually observe that they are structured: individual words are grouped together to form an intonation phrase... Intonation phrases can coincide with breath groups..., but they do not have to. Often a breath group contains more than one intonation phrase. As with all other phonological units, it is assumed that speakers have a mental representation of intonation phrases, i.e. they know how to produce speech structured into intonation phrases and they rely on this knowledge when listening to the speech of others. Within an intonation phrase, there is typically one word that is most prominent... Some utterances might contain just one intonation phrase, others might contain several of them. Moreover, speakers can put utterances together to form larger stretches of speech or discourse... Intonational phrasing in English can have a meaning-distinguishing function. Consider utterances 11a and 11b: (11a) He washed and fed the dog. (11b) He washed | and fed the dog. If the intonation phrase He washed and fed the dog is produced as one intonation phrase, its meaning is that a person both washed and fed a dog. Conversely, if the same utterance is produced as a sequence of two intonation phrases with an intonation boundary after washed (indicated by the symbol |), the meaning of the utterance changes into someone who washed himself and fed a dog. (Ulrike Gut, Introduction to English Phonetics and Phonology. Peter Lang, 2009) Intonation Contours Intonation often does serve to convey information of a broadly meaningful nature . . .. For example, the falling pitch we hear at the end of a statement in English such as Fred parked the car signals that the utterance is complete. For this reason, falling intonation at the end of an utterance is called a terminal (intonation) contour. Conversely, a rising or level intonation, called a nonterminal (intonation) contour, often signals incompleteness. Nonterminal contours are often heard in the nonfinal forms found in lists and telephone numbers. (William OGrady et al., Contemporary Linguistics: An Introduction, 4th ed. Bedford/St. Martins, 2001) Tonality (Chunking) The speaker does not necessarily have to follow the rule of an IP for each clause. There are many cases where different kinds of chunking are possible. For example, if a speaker wants to say We dont know who she is, it is possible to say the whole utterance as a single IP ( one intonation pattern): We dont know who she is. But it is also possible to divide the material up, in at least the following possible ways: We dont know | who she is. We | dont know who she is. We dont | know who she is. We | dont know | who she is. Thus the speaker may present the material as two, or three, pieces of information rather than a single piece. This is tonality (or chunking). (J. C. Wells, English Intonation: An Introduction. Cambridge University Press, 2006) The Position of Intonation Phrase Boundaries The position of intonation phrase boundaries shows a good amount of variability. These have been studied in English on the basis of positions of possible pauses within clauses (Selkirk 1984b, Taglicht 1998 and references there) and positions of obligatory pauses (Downing 1970). . . . The core result is that root clauses, and only these, are bounded by obligatory intonation phrase breaks. (Root clauses are clauses [CPs] not imbedded inside of a higher clause that has a subject and a predicate.) (Hubert Truckenbrodt, The Syntax-Phonology Interface. The Cambridge Handbook of Phonology, ed. by Paul de Lacy. Cambridge University Press, 2007)

Sunday, October 20, 2019

The list of cheap custom essays writing services

The list of cheap custom essays writing services College students are usually seen on the run trying to find help with their assignments. The professors too continue to give paper writing tasks daily. Its involving for students as there are a million lists of essay writing services today. But narrowing your search proves to be more fruitful in the end. Focusing on few custom paper writing services makes selection easy. Cheap custom essay writing services are available online. Such are services that are put in place to help students complete their assignments on time. However many fear the term cheap. It is usually associated with poor and low quality. Many view such a company as one whose services are extremely poor and that is why they charge less. But in the writing industry, comparing cheap with quality can be misleading. There are cheap custom papers whose quality is extremely high and others completely the opposite. When searching for a cheap custom essay writing service, quality is a priority. There is no way you will pay for something whose quality is poor. Students and customers have to see the value of their money. Once you arrive at a cheap custom writing service, request for few samples to check through. This will help you evaluate the quality of the paper before placing an order for cheap custom essays. Here is a list of companies to get cheap custom writings. TopEssayWriting.org This is one of the companies to get cheap custom essay papers. Its prices range from $12.99 to $39.99 per page. Depending on the kind of paper you order from this company, the quality does not change. Besides, customers get to pay even less with the discount programs that are launched seasonally. SmartCustomWriting.com When in search of a cheap custom writing service, consider settling on SmartCustomWriting.com. High school students can place their orders from as low as $12.99 up to $36.99.It handles all essays from high school up to the university at an extremely affordable charge. Quality should not be a factor when ordering with this service. PoweredEssays.com Get your paper in its original shape by placing an order with poweredessays.com. Writers from this service do not compromise the quality of the paper ordered. Their prices vary from $12.99 up to $39.99.They handle writing problems from high school up to the highest academic level. Good cheap custom writings are not easy to find. But with a few help from genuine writing services, customers learn to differentiate the best from the worst. All upcoming services offer similar services and create good websites. It only takes a few tricks to know a cheap custom writing service that really delivers. Asking fellow friends who have used cheap custom writing services can be a great idea. Tired of searching cheap custom papers? Stop wasting your time and find them at our review website! Surf through the provided cheap custom writing services and look at their reviews and testimonials page.

Saturday, October 19, 2019

Campus Foods Essay Example | Topics and Well Written Essays - 500 words

Campus Foods - Essay Example The report is supposed to be sent to the president of the university, the human resource department, and state and OSHA agencies. Upon her analysis of the operation Cindy discovered a disturbing trend. The CFS appears to have a serious safety issue because the number of accidents is 20% higher than similar size operations in the food industry. Her boss, Jake, told her to minimize the severity of the accident report because CFS could not afford the report to show inflated accident statistics. Jake also hinted to Cindy that her grade and favorable job recommendation rest on how she handled the accident report. She found 46 cases of accidents and also noticed that some accidents had gone unreported. Cindy has to choose among these seven alternatives: The first option is not a good alternative because as a professional Cindy has to comply with high ethical standards. Cindy is facing an ethical dilemma. â€Å"Ethical dilemmas, also known as moral dilemmas, are situations in which there are two choices to be made, neither of which resolves the situation in an ethically acceptable fashion† (Yourdictionary, 2012). It would be unethical, dangerous, and illegal for her to omit the truth from the authorities. The second and third options are good and ethical alternatives, but these options put her career at risk because Jake threatened Cindy that he would give her a bad grade and bad recommendation if she told the truth. The option of calling the press and leaking the story would make her a whistleblower. A whistleblower can be defined as a person who reveals any wrongdoings or malpractices that are taking place within an organization (Bainbridge, 2007). I do not think that this is the best course of action because it would bring a lot negative attention to the university. The best option for Cindy which ensures she complies with the her ethical obligations, while

Friday, October 18, 2019

The Politics Community Assignment Example | Topics and Well Written Essays - 250 words

The Politics Community - Assignment Example This interferes with the political structure of institutional development in the developing countries as these institutions still need support. Increased interdependence among countries has led to political interference among countries. For instance most of the developed countries’ political organization is determined by the donor countries. There is a tendency of the donor countries threatening to stop their donations if their beneficiaries support not their governance mechanism (Michaels, 2002). Foreign countries have also influenced the political operations of developing countries as they are required to adhere to certain requirements in order to maintain good relations with the former. For instance some countries have been required by the United States to send their troops to fight in countries grappling with political instability. This case has happened between Uganda and Somali whereby the Ugandan troops had to interfere with the political structure of Somalia. Countries have also interfered with each other’s politics due to resources endowment. For instance the action of the United States on the countries in the Middle East was greatly influenced by its interest in oil according to Michaels (2002). The United States has tried to legitimize its actions as well as redefine the doctrine of the Middle East countries.

Social Exclusion and the Future of Cities Essay

Social Exclusion and the Future of Cities - Essay Example Dalton et al. (2007) argues that in a society that practices social inclusion, the members have a sense of value and self-worth. Their lives are full of dignity and satisfaction, and they are incorporated in the community systems that define its membership. For example, all people are involved in the community’s social and economic activities, they have an equal right of participating in community politics among other activities. Social inclusion is a significant factor in the mental health of a community. This paper examines the relevance of the concept of â€Å"social inclusion† for social work practice with adults experiencing mental health difficulties. It presents a narrative of the background and origin of social inclusion, the theories of social inclusion as well as policies that enhance the practice. Social inclusion emerged in the background of value based interventions towards maintaining clear goals regarding improvements of public welfare. Denissen et al. (2008) argues that it is a practical human development approach to facilitate social welfare that is focused on elimination of risks and barriers to social inclusion. The foundation of the strategies for social inclusion remain inclined towards recognizing and appreciating diversity as well as recognizing the shared experiences and ambitions for different people.

Trademark registration related to business law of Qatar Research Paper

Trademark registration related to business law of Qatar - Research Paper Example There have been cases in the world previously where one company thrives out of piracy by enjoying the goodwill of another company. This is a criminal offense in the business world today. Trademark law was developed to counter this offense. Trademark law is a set of rules developed by countries, trade blocks or international bodies that protect trademarks within their jurisdictions hence eliminating unfair competition. The service mark is different from a trademark in that a trademark serves to protect products while service mark serves to protect services. According to the Oxford business group, The Qatar government has a trademark law in place that was established in the year 2002.   This law states that trademarks are protected in the nation of Qatar as per law number 9 of 2002, known as the Trademarks Law. This term is effective from the date of registration and is afterward renewed after every ten years. At the moment, applications for patent protection registration service cen sing are made to the Gulf corporation council patent office, which does the registration of patents throughout the Gulf corporation council member states; since Qatar does not yet have a patent registration system of its own. In the case of an infringement of a person’s intellectual property rights, he or she can file a complaint with the trademarks office and in some cases, the matter may be reported to the police. An application will be turned down if it is not unique, or it just describes the product or service it is representing.

Thursday, October 17, 2019

Hr Essay Example | Topics and Well Written Essays - 250 words

Hr - Essay Example Instead, individuals from minority groups are given chances within organization as provided for by law. Such individuals could be qualified for the jobs or not. The main challenge that is going to arise is the ability of the persons to deliver in the positions assigned competently. Issues that might arise is the employee job satisfaction, and quality of job delivered. Secondly, minority groups within organizations could find it difficult to adapt to the prevailing conditions. The main point of challenge is usually the communication aspect within such organizations. The management of the organization might prefer to use a method if communication that is only understood by the majority within the organization. The issue in this case is a breakdown in the passing of instruction. The result is that the quality of work delivered by persons from the minority will be low or compromised. Cultural adaptation within the organization could also affect the employee of minority origin in a negative way. This is due to stigmatization of employees whose recruitment has been done through affirmative action (Spielberger, 2004). In conclusion, affirmative action comes with both advantages and disadvantages to the various stakeholder in an organization. Careful planning and policy evaluation should be well done before instituting affirmative action in recruitment of

Managing Shareholder Value Essay Example | Topics and Well Written Essays - 2000 words

Managing Shareholder Value - Essay Example For effectively planning and managing the funds, another scorecard of metrics is being developed with the provision of incentives for bettering the budgeted figures being used. All of these elements when considered individually excel with their simplicity. But when the system as a whole is looked at it turns to be complex with a number of "metrics, methods and messages" which makes the understanding of the finance executives of the shareholder value rather difficult. Hence it becomes vitally important that the CFO of any organization coordinates his efforts in designing the systems of the financial management with the CEO and the directors of the company so that the internal corporate governance is strengthened and if necessary modified to meet the firm's requirements. With this background this paper envisages presenting a report on the degree of profit measure of economic surplus and shareholders funds economic value accurate the metrics of the key economic visions of a firm. The shareholder value is represented by the wealth a company creates through its profitability for its shareholders. The shareholder value also includes the broad framework in which the firm operates to achieve the shareholder value and it also includes the organizational culture. ... areholder Value theory works on the premise that the value created by a business is best represented by the change in its economic value that is, the change in the net present value of its expected future cash flows to shareholders."1 There are a number of Shareholder Value measures which are being used for monitoring and evaluating the performance of the organization as well as rewarding the employees. One of the most popular methods of shareholder Value Measure is the Economic Value Added (EVA) approach. 2.1 Rationale behind adopting Shareholder Value Approach: The Shareholder Value approach has increasingly been adopted due to the following factors: The managers always feel that there exist a difference in the value of the firm as perceived internally and by the shareholders and this approach helps them to bridge the gap It is also necessary that the investors should know the true economic value of the firm for making their investment decisions on the basis of the economic profit of the firms. The accounting statements present rather a historic value and analysis of the performance of a company and it is necessary to have information on the future value of the company. Since the shareholder value is based on projected cash flows allowing for the cost of capital which are also discounted are less influenced by accounting rules and hence project the true value of the firm. Due to the globalization there is a delay in accessing the standard measures of performance Due to increased contribution to business by the information technology the expectations of investors has increased to get more clear measures of performance. The above factors necessitate adopting a proper measure for the assessing the value of a firm from a shareholder's perspective and Economic Value

Wednesday, October 16, 2019

Trademark registration related to business law of Qatar Research Paper

Trademark registration related to business law of Qatar - Research Paper Example There have been cases in the world previously where one company thrives out of piracy by enjoying the goodwill of another company. This is a criminal offense in the business world today. Trademark law was developed to counter this offense. Trademark law is a set of rules developed by countries, trade blocks or international bodies that protect trademarks within their jurisdictions hence eliminating unfair competition. The service mark is different from a trademark in that a trademark serves to protect products while service mark serves to protect services. According to the Oxford business group, The Qatar government has a trademark law in place that was established in the year 2002.   This law states that trademarks are protected in the nation of Qatar as per law number 9 of 2002, known as the Trademarks Law. This term is effective from the date of registration and is afterward renewed after every ten years. At the moment, applications for patent protection registration service cen sing are made to the Gulf corporation council patent office, which does the registration of patents throughout the Gulf corporation council member states; since Qatar does not yet have a patent registration system of its own. In the case of an infringement of a person’s intellectual property rights, he or she can file a complaint with the trademarks office and in some cases, the matter may be reported to the police. An application will be turned down if it is not unique, or it just describes the product or service it is representing.

Tuesday, October 15, 2019

Managing Shareholder Value Essay Example | Topics and Well Written Essays - 2000 words

Managing Shareholder Value - Essay Example For effectively planning and managing the funds, another scorecard of metrics is being developed with the provision of incentives for bettering the budgeted figures being used. All of these elements when considered individually excel with their simplicity. But when the system as a whole is looked at it turns to be complex with a number of "metrics, methods and messages" which makes the understanding of the finance executives of the shareholder value rather difficult. Hence it becomes vitally important that the CFO of any organization coordinates his efforts in designing the systems of the financial management with the CEO and the directors of the company so that the internal corporate governance is strengthened and if necessary modified to meet the firm's requirements. With this background this paper envisages presenting a report on the degree of profit measure of economic surplus and shareholders funds economic value accurate the metrics of the key economic visions of a firm. The shareholder value is represented by the wealth a company creates through its profitability for its shareholders. The shareholder value also includes the broad framework in which the firm operates to achieve the shareholder value and it also includes the organizational culture. ... areholder Value theory works on the premise that the value created by a business is best represented by the change in its economic value that is, the change in the net present value of its expected future cash flows to shareholders."1 There are a number of Shareholder Value measures which are being used for monitoring and evaluating the performance of the organization as well as rewarding the employees. One of the most popular methods of shareholder Value Measure is the Economic Value Added (EVA) approach. 2.1 Rationale behind adopting Shareholder Value Approach: The Shareholder Value approach has increasingly been adopted due to the following factors: The managers always feel that there exist a difference in the value of the firm as perceived internally and by the shareholders and this approach helps them to bridge the gap It is also necessary that the investors should know the true economic value of the firm for making their investment decisions on the basis of the economic profit of the firms. The accounting statements present rather a historic value and analysis of the performance of a company and it is necessary to have information on the future value of the company. Since the shareholder value is based on projected cash flows allowing for the cost of capital which are also discounted are less influenced by accounting rules and hence project the true value of the firm. Due to the globalization there is a delay in accessing the standard measures of performance Due to increased contribution to business by the information technology the expectations of investors has increased to get more clear measures of performance. The above factors necessitate adopting a proper measure for the assessing the value of a firm from a shareholder's perspective and Economic Value

Tradable Indices Essay Example for Free

Tradable Indices Essay 1) How many boards are available in Malaysia share market? It consists of a Main Board, a Second Board and MESDAQ with total market capitalization of MYR700 billion (US$189 billion). 2) What are the characteristics of all boards MESDAQ (Malaysian Exchange of Securities Dealing and Automated Quotation) was launched on 6 October 1997 as a separate securities market, mostly for listing technology-based companies. It is part of Bursa Malaysia. The Mesdaq has now been changed to the ACE Market. Bursa Malaysia offers three (3) boards, Main Board, Second Board and MESDAQ Market. Generally, Main Board is for more established companies, Second Board for relatively smaller companies and MESDAQ Market is for high growth and technology companies. Both the Second Board and MESDAQ Market provide an avenue for relatively smaller companies to access the capital market early to fuel their expansion plans. Once established, they can transfer their listing status to the Main Board. 3) Index. How many index traded? (e.g. KLCI) TRADABLE INDICES FTSE Bursa Malaysia KLCI Index (effective 6th July, 2009) * This tradable index comprises the 30 largest companies in the FTSE Bursa Malaysia EMAS Index by market capitalisation. FTSE Bursa Malaysia Mid 70 Index * Comprises the next 70 companies in the FTSE Bursa Malaysia EMAS Index by full market capitalisation. FTSE Bursa Malaysia Top 100 Index * Comprises the constituents of the FTSE Bursa Malaysia KLCI and the FTSE Bursa Malaysia Mid 70 Index. FTSE Bursa Malaysia Hijrah Shariah Index * The FTSE Bursa Malaysia Hijrah Shariah Index is a tradable index which comprises the 30 largest companies in the FTSE * Bursa Malaysia EMAS Index that meets the following triple screening process: * FTSEs global standards of free float, liquidity and investability * Yasaars international Shariah screening methodology * Malaysian Securities Commissions Shariah Advisory Council (SAC) screening methodology FTSE Bursa Malaysia Asian Palm Oil Plantation Index (USD and MYR) * This index comprises the companies from the universes of developed, advanced emerging and secondary emerging countries as classified by FTSE in the Asia Pacific region excluding Japan, Australia and New Zealand that derive substantial revenue from palm oil activities 4) What is characteristics of Index (e.g. FTSE composite index) The two main eligibility requirements stated in the FTSE Bursa Malaysia Index Ground Rules are the free float and liquidity requirements. Free Float * Each company is required to have a minimum free float of 15%. The free float excludes restricted shareholding like cross holdings, significant long term holdings by founders, their families and/or directors, restricted employee share schemes, government holdings and portfolio investments subject to a lock in clause, for the duration of that clause. A free float factor is applied to the market capitalisation of each company in accordance with the banding specified in the FTSE Bursa Malaysia Ground Rules. The factor is used to determine the attribution of the company’s market activities in the index Liquidity * A liquidity screen is applied to ensure the company’s stocks are liquid enough to be traded. Companies must ensure that at least 10% of their free float adjusted shares in issue is traded in the 12 months prior to an annual index review in December. * It contains 30 companies from the main market with approximately 900 to 1000 listed companies. The index has a base value of 100 as of January 2, 1977.[2]

Monday, October 14, 2019

The Bureaucracy Of The United States Government Politics Essay

The Bureaucracy Of The United States Government Politics Essay The Executive Branch of the federal government of the United States of America is charged with the task of exercising the powers of the government over its citizens as well as enforcing the laws created by the Legislative Branch, the Congress. Although overseen by one person, the President of the United States, many more people are involved in the process. The United States Congress consists of a fair number of people from the 535 elected members and their personal staff members to the support staff who work in the Capitol Building itself. The Judicial Branch as well has many members from the Supreme Court Justices to other Federal Judges in lower courts. However the Executive Branch contains the most members in its complicated and massive bureaucratic system. All organizations, administrations, and agencies, often part of what is referred to as the Federal alphabet soup due to the many abbreviations, that fall under this branch originate from some power granted by the somewhat vague Article II of the United States Constitution, or as means of exercising the powers granted to Congress in Article I. While the federal bureaucracy demonstrated in the executive branch may appear to be massive and complicated, the goal is to bring about an understanding of its purpose in the United States government and how it plays a role in an ordinary citizens life. In almost every aspect of ones life, a person must interact in some way, direct or not, with a federal agency from the Internal Revenue Service for tax payment to the Department of Labor ensuring fair payment for a persons work, or the Occupational Safety and Health Administration which ensures a persons safety in the workplace. By having increased understanding in the purpose and operation of such departments in the federal government, a citizen is more able to have true understanding of issues pertaining to them that have potential to influence their voting for not only the President, but also members of Congress. The reason I have selected this topic to focus on in my research is primarily due to the fact that, outside of Presidential actions, the importance of the rest of the people in the Executive Branch is often not taught in Social Studies classes or high school political science-based classes. Students are taught that the role of the Executive branch is to enforce the laws passed by Congress, but the actual process of how such action occurs seems to be missing. In some cases in my research I was surprised when I began making connections between ideas, especially when I began to realize the sheer size of some departments. Therefore, for my own sake, I would like to look into this dark and mysterious area so as to enlighten myself and become better informed how agencies that already affect me operate and who is truly in charge. Literature Review The Federal Bureaucracy Within the Executive Branch of the United States government is an administrative center where the laws created by Congress are put into action. According to Lowi, Ginsberg, Shepsle, and Ansolabehere (2011), from an organizational standpoint, the bureaucracy is a system created by the elected politicians seeking to accomplish objectives as well as solve issues created by the nature of collective action (p. 272). A law cannot be put into action without supporting systems in place to ensure compliance, regulate actions of those affected, and so forth. Because of this connection, the system of executive agencies exists in a unique balance between two branches of government, Executive and Legislative. Carpenter (2005) notes that, while these agencies operate under the President of the United States, departments including, but not limited to, defense, education and agriculture are truly operated by Congressional action and mandate. Because of this the true nature of this bureaucracy is sha ped, perhaps, not by the Chief Executive, but rather by the Legislature. The clear path for analyzing such as system as is found in the federal government is to begin with its creation. For the United States this is to look at the men who created its Constitution and through their work shaped the future of the nation. Looking at the document itself reveals little information to assist in an understanding of the idea. Article II of the US Constitution states that the executive power is given to the President, and further reading only elaborates a minor amount to state that he is also the Commander in Chief of the armed forces, but only two minor clauses give any indication to the actual powers granted to this position. The first indicates that the President may require the heads of executive departments to give their opinion to him, such as advice, related to their duties for their department (U.S. Const. art. II, Â §2, cl. 1). The second establishes the presidents power to appoint people to positions such as ambassadors, Judges and others with the consen t of Congress (Ibid., cl. 2). These two clauses alone shed little light on the powers given to the President and how the bureaucracy was created. As previously noted, the other aspect of the federal bureaucratic system lies in its role of executing the laws created by Congress. Article I of the Constitution enumerates many specific powers given to Congress which, while they are able to create legislation to regulate such areas, the actual execution or regulation occurs through agencies and departments of the executive branch. Therefore it can be taken that the task of such groups, as well as the President as Chief Executive, does not need to be as clearly stated due to the already clarified powers of Congress. However, this seems not to be the truth behind the significant lack of information presented in the Constitution about a piece of the government that now, in hindsight at least, is the most relevant to the everyday citizen. Perhaps at the time of writing the document they were unaware of the significance of such a branch, or, as Irons (2006) argues they simply wished to not focus on such an issue. Instead they preferred to focus even more on the Legislature they were creating and would focus on the presidency at a later date (pp. 37-40). Departments of the Executive Branch In the early years of the United States, the departments falling under control of the executive branch were few in number, yet significantly large for the time. In fact, these departments began under the idea of committees of areas including correspondence, claims, and war to avoid creating departments too similar to colonial bureaucracy experienced under British rule. These committees are the equivalent to the modern-day State Department, Department of the Treasury, and Department of Defense, respectively (Carpenter, 2005, p. 45). However, this was quickly dropped in favor of the disliked, yet highly effective executive agencies seen in Britain and France at the time. These few departments, however, were significant in their size as Carpenter explains. He notes that in the early 1800s, the US Post Office Department employed over 8,000 employees, larger than many private companies at the time. This does not even consider the size of the military departments especially in a time where the United States continued to face many conflicts, including the War of 1812 (Ibid., p. 42). Andrew Jacksons presidency is significant in the expansion of executive departments and is viewed by some to be the creator of the American bureaucracy. Crenson (1975) argues this point citing Jacksons significant reorganizations of several departments during his administration in the 1830s. Major changes occurred in the Post Office and General Land Office, as well as multiple, lesser changes in both the War and State Departments. Additionally he targeted the Treasury Department and Navy Department but was denied these changes by Congress (p. 3). The idea of reorganizing a department is important in the creation of a bureaucracy because it takes vague ideas of operational standards, stripping them from the people performing them, and redefines them as abstract functions (Crenson, 4). These functions are no longer related to a specific person, but rather a role within the institution that must be filled and put into action. The department loses personal ideas in favor of uniform and e fficient operation, an effect that may be positive or negative given an individual departments situation. The influence of presidents on the bureaucracy they control has been mostly maintained throughout its history through the spoils system. This system is the collective idea that once a person is elected to a position of power, they will give those they like or those from whom they want support positions of importance within the government, namely as a departmental head within the bureaucratic system. Andrew Jackson is one of the presidents known best historically for major change in the positions of the bureaucracy. Crenson notes that in a significant number of departments Jackson took people important from his campaign and past endeavors giving them grand supervisorial positions within the executive branch. Research Statement The bureaucracy of the executive branch of the United States government is an incredibly important structure to the operation of the federal government and the nation collectively. Every person, on a regular basis, must interact in some form with one or more of the departments, agencies, or corporations within the executive branch. Because the structure is so massive and complex with structured employee and supervisor roles it can be complicated to fully understand how it operates and its impact on the lives of citizens. As such, further study must be completed for a person not otherwise familiar with the organizational structure and politics of such a system for complete understanding to be attained. Based in the information already presented, it is clear that there is a unique history to the system of bureaucracy that exists within the United States government. This is especially true in the influence both the President and Congress have on the operation and scope of the departments. How, therefore, do the department and cabinet members of the executive branch function in regard to decisions by the President of the United States? Additionally, as demonstrated by Andrew Jackson, the president has an important role in the selection of important members of bureaucratic agencies. How, in this case, do presidents, namely Presidents Jackson and George W. Bush, shape the operations of these departments on an institutional level as well as personally with department heads and cabinet members? The questions above are significant to a discussion of the American bureaucracy because the role of the president as chief executive of the branch is of significant importance to the operation of the agencies falling under his power. Additionally, because each president is given the authority to appoint persons of his choosing to significant positions within the agencies, it is clear that this would give him power to control the agencies in manners in line with his political partys ideology. Full comprehension of this matter is important to understanding the overall operation of the agencies within. Research Findings Departments and the President The function of bureaucrats within the executive branch is determined largely by Congress through bills passed by them; however, the President holds an important role in shaping the manner in which agencies operate within the scope of such Congressional statutes. Shane notes that since the 1960s the President of the United States has changes roles from being an overseer of the executive branch to one who makes decisions for the agencies. Congress, in passing bills which shape the role of the executive branch, tends to be somewhat non-specific in its language, often to please both parties and allow such a bill to pass. As a result, the directives to the executive agency may leave room for Presidential policy to be implemented (2009, p. 147). That is to say that the method by which a Congressional statute is carried out can be dependent on the political views of the President. The President can make such decisions in multiple ways, from creating administrative rules and suggesting poli cies to the departments within the executive branch to his selection of administrators for these departments, to be analyzed more fully in the following section. The Presidents control of the bureaucracy is described as a principal-agent problem. (Lowi, et al., 2011) The idea in this situation is that the bureaucratic agencies must satisfy the desires of both Congress and the President, lest Congress pass more specific legislation or perhaps decrease their budget and scope of authority or the President seek to change the organizations structure to suit their desires. Therefore the agency will wish to respect the Presidents desire for bureaucratic drift for the sake of the continuation of their position. Bureaucratic drift, as used by Lowi, et al., is the difference between the original legislations intentions and the final outcome as implemented in the executive branch. President Franklin Roosevelt is a good example of the direction the White House as a collective, that is to say more than the President and to include his advisors and other staff members, provides to its agencies. He created in 1937 the Committee on Administrative Management which was an official way in which a group of experts, along with the President, could monitor bureaucratic action and enforce Presidential decisions in the agencies (Lowi, et al., 2011). President George W. Bush also made clear his views of the power of the President to have the authority to specify how executive agencies were to operate within the confines of Congressional statutes. Shane states that during the first six years of the G. W. Bush administration, that is 2001-2007, he objected 363 times when signing bills noting that Congress may be stepping on his executive power to direct agencies with their bill (2009, p. 155). Such a direct statement makes clear that many people believe the President to have significant power in the operational procedures for the agencies within the Executive Branch. Shane notes, however, that while the President does have significant policy setting power within the executive branch, agencies are not required to follow such requests as they are not hard and written law, but rather have the power of suggestion. The recourse a president could take against agencies not following such Presidential policy is to modify the organizations leadership structure as will be seen in the next section. However, just as an agency not following the Presidents desires can find themselves in a tough situation, the reverse is also true. A president who publicly declares displeasure with an agency and an attempt to change the way it operates often finds himself in a less than ideal situation in which he appears to be in the wrong. Shane (2009) notes that the desire for appearing to be a strong and powerful president often stops such drastic backlash against the department f rom happening for the sake of public image. Even so, the President still maintains a significant role in determining the execution of Congressional statutes in the operational policies of executive bureaucracy. Administrators and the President The President has significant power to determine policy within the executive branchs bureaucracy in two ways. The first, dictating policy to the agencies, has been analyzed previously and now the focus can be shifted to the second power of the President, nomination of departmental administrators. Although Congress must approve all appointments the President makes, unless a significant problem exists with a nomination it will generally be supported by Congress. Lowi, et al. (2011) speaks about the many controls a President has on the operation of the bureaucracy, and the importance of before-the-fact controls. They suggest that the most powerful control of this sort a President can have is that of the appointment process. There are many reasons that this power is so significant to a president. First, the appointment process allows a president to select administrators for the departments that, ideally, share his political view and are on good terms with him so that when he makes an exe cutive decision over the agencies he can expect the decision to be carried out as he wished. Secondly, this process, by selecting trustworthy individuals, allows a president to be comfortable knowing that they do not need to constantly be a watchdog for the agencies because they can trust the administrators who are running such agencies. Andrew Jackson was, according to Crenson (1975), the first president to truly utilize the power of the appointment to its fullest. In addition to the previously mentioned bureaucratic reorganizations he implemented with the help of Congress, he also appointed many administrative positions, carefully selecting people to create a more personal bureaucracy for him to work with. Amos Kendall was a prime example of Jacksons ability to handle administrative appointments well. He was appointed a chief clerk and in his work created strict bureaucratic policies for those he oversaw, exactly as Jackson wanted to happen. A quality appointment leads not only to a bureaucracy that operates as a President wishes, but also to one that recognizes his power as Chief Executive (Crenson, 1975, p. 75). To see the opposite scenario in which a poor appointment of someone not in line with presidential opinion, as well as poor handling of bureaucratic operation, one can analyze the appointment and work of Christine Todd Whitman by President George W. Bush. Whitman was selected to be the head of the Environmental Protection Agency shortly after Bush won the 2000 election. Flanders argues that her appointment was motivated by a desire to balance Bushs planned appointments, as Whitman was often described as a quite left Republican, or a liberal conservative. Again we see here the impact of public view, and Congressional opinion, of bureaucratic operation and how the President must step carefully through such decisions. Whitman served less than two and one-half years as the head of the EPA for several reasons. The media often wrote about her clashes with President Bush over policy for the EPA, as well as Bushs White House staff members and his own suggestions as to the dissemination of inf ormation to the public about pollution and environmental safety. Of particular note was the EPAs role after the attacks of September 11, 2001 in their analysis of the safety in New York City. Although denied by Whitman afterward, there is distinct evidence, according to Flanders that the White House put pressure on her to release false information, as well as the White House also altering press releases on the topic of air quality. Almost immediately after the attacks Whitman declared the air safe to breathe and said there was no concern for people to return to work. President Bush wanted Americans to continue on in their lives and keep the nation, especially its economic center, moving forward. Many scientists within the EPA warned that the asbestos levels alone were of significant concern, but their opinions were drowned out. The example of Christine Todd Whitman is important because it demonstrates what can happen when a president and those he appoints do not get along in terms of policy views. A good choice for department head can turn bad when such policy is central to an administration, and when an administrator resigns as a result, public image is not positive for the President. Stepping back from specific examples, it is clear that the President of the United States has a significant impact on the operation of the federal bureaucracy. From appointments to setting policy guidelines, even within Congressional statutes, the executive power is quite massive. Congress provides the bureaucratic agencies with the mandate of what they are to do, but the President sets the tone for how such action is to be accomplished. The relationship between President and the departments of the executive branch is historically very significant to the operation of the nation as a whole.