Wednesday, August 26, 2020

Consideration and Intention to Create Legal Relation Essay

Thought and Intention to Create Legal Relation - Essay Example This is an instance of acknowledgment by lead. Acknowledgment need not really be recorded as a hard copy. On account of Carlill v Carbolic Smoke Ball1, Miss Carlill showed her acknowledgment of the proposal by buying the smoke ball Another issue for assurance is whether there was the aim by the gatherings to make a lawfully restricting relationship. We will get to the issue of promissory estoppels to get to the presence of lawful connection between the gatherings. In England and Wales, Lord Denning deciphered promissory estoppels to be a guarantee that hosted been made by one get-together to another with the aim of making lawful relations2. The guarantee ought to be made with information that it will be depended on by the other party. In the example case, the bank drew nearer Bubba with a guarantee to change the terms in the agreement on how the advance was to be reimbursed following Bubba’s money related emergency. This guarantee was depended on by Bubba. The bank will subseq uently not be permitted to return from its guarantee. This is basically attributable to the way that it had been followed up on by the beneficiary. Subsequent to understanding that Bubba’s fortune had turned, the proposition to Bubba to return to the old arrangement of installment established a proposal to Bubba which he was qualified for acknowledge or dismiss. The bank presently requests that Bubba should pay the singular amount for eight months just as reimburse the credit inside a time of three years according to the previous understanding. The prior understanding had been renounced upon the foundation of new terms by the bank that was acknowledged by Bubba. The realities in the high trees case, included a circumstance toward the start of Second World War where High Trees House had rented some level in London from Central property. Because of the war, inhabitance rates definitely went down. The gatherings thusly settled on a consent to chop down the lease that was payable significantly. At the point when the circumstance pivoted after the war, Central London property sued for the full lease. The court held that they were qualified for full installment of lease. In any case, they couldn't recoup the sum that they had consented to chop down the lease by during the time of war Lord Denning based his choice in the past case3 which held that if involved with an agreement drives someone else to accept that they won't authorize their legitimate rights, they can't return from this guarantee, particularly if the other party had acknowledged the guarantee and adjusted his situation in dependence on the guarantee. On account of Smith v. Hughes4, the court held that for there to be a substantial agreement, there must be a gathering of the psyches of two gatherings who mean to be lawfully bound. For there to meet of the brains, offeree must convey his acknowledgment of the proposal to the offeror. It isn't essential that acknowledgment ought to be conveyed verba lly. It can in certain circumstances be surmised from the direct of the gatherings. The court on account of Brodgen v. Metropolitan Railway Company5 held that acknowledgment can be derived from the lead. For this situation the offended party had been providing the organization with coals for some of years. The offended party from there on concocted a recommendation that they expected to go into a conventional agreement. Their separate specialists met and occupied with certain arrangements on the best understanding that they needed to go into. The company’s specialist at that point drew up the agreement which he sent to the offended party for endorsement. The court held that the company’s acknowledgment could be deduced from its lead. By

Saturday, August 22, 2020

History and Political Science Essay Example | Topics and Well Written Essays - 1000 words - 1

History and Political Science - Essay Example These two gatherings rose from the national legislative issues before extending to pick up the help of the Americans and voters in the states. These political groups had various convictions. The Federalist Party sees the official part of the US government as the arm that requires more help while the majority rule republican group considered the to be as effectively a solid arm of government and were along these lines on the side of the administrative force. The federalists advanced significantly to the business portion though the republicans requested for the help of the grower and the ranchers (Brands et al 278-281). The federalists rose to help the treasury money related framework that focused on the government supposition of obligations, their installments, and a focal national bank, which was to energize the financial business. For the republicans, their point was to restrict the solid official and was in this way shaped to contradict the overabundances of the official. They cond emned the treasury based monetary framework and were additionally against the unfriendly armed force. Subsequently, the republicans were supportive of constrained perusing of the constitution that supported the official part of government. The two gatherings were likewise framed in light of the differing international strategies. The federalists upheld Britain due to its political soundness though the republicans supported French unrest since Jefferson expected that British refined influence would sabotage them. The second party framework came after the primary party framework between1828 to 1854 to support for voter intrigue (Foner 52). A rising voter interests as displayed by the high voters turn over, participation in rallies and expanding party dedication denoted this period. The Democratic Party and Whig party were the significant gatherings. The period can be depicted as a nationalization period as it expected to get pluralism the political history. The gathering framework add itionally planned for making vote based system by supporting for the enthusiasm of the normal individual particularly in the Democratic Party (Brands et al 281-283). The vision of the pioneers of guaranteeing democratization and pluralism was met by incalculable difficulties. Obstruction from different rivals was extraordinary, the assets required in preparing, and pulling in the voters was gigantic. Since the residents were as yet not politically fomented, it required more prominent endeavors to have them take an interest in the nationalization procedure. In addition, the parting of gatherings tested the vision of the pioneers. For example, the Democratic Party spilt prompting the ascent of the Whig party. The leader’s different conclusions and musings was an obstruction to the battle for democratization. The Whig party expanded its order however later neglected to take position on the issue of servitude. The pioneers of the main party along these lines did not have the capa city to settle on decisions on rising issues. The Whig gathering could along these lines direct fruitful crusade just if the issue of servitude was not placed into thought. Different variables that presented a test on the pioneers were religion, bondage and nativism must be dealt with (Brands et al 282-284). Was the United States characterized more by national or provincial personalities in the mid nineteenth century (from the War of 1812 to the Age of Jackson)? How did that feeling of personality shape the political scene? In the mid ninetieth century, America was weave together by certain national key

Thursday, August 13, 2020

How Does Smoking Cause Atherosclerosis

How Does Smoking Cause Atherosclerosis Addiction Nicotine Use Smoking-Related Diseases Print The Link Between Smoking and Atherosclerosis By Terry Martin facebook twitter Terry Martin quit smoking after 26 years and is now an advocate for those seeking freedom from nicotine addiction. Learn about our editorial policy Terry Martin Medically reviewed by Medically reviewed by Sanja Jelic, MD on May 09, 2016 Sanja Jelic, MD, is board-certified in sleep medicine, critical care medicine, pulmonary disease, and internal medicine.   Learn about our Medical Review Board Sanja Jelic, MD Updated on January 03, 2020 Science Picture Co / Getty Images More in Addiction Nicotine Use Smoking-Related Diseases After You Quit How to Quit Smoking Nicotine Withdrawal The Inside of Cigarettes Alcohol Use Addictive Behaviors Drug Use Coping and Recovery Atherosclerosis is a life-threatening disease in which cholesterol, cellular waste, calcium, and other fatty substances are deposited along the lining of artery walls in your body. These sticky, yellowish deposits, known as plaque, build up over time, hindering your blood flow.  If you smoke, you face an increased risk of atherosclerosis, heart attack,  and  stroke.?? What Is Atherosclerosis? Also known as hardening of the arteries, atherosclerosis often starts early in life and progresses slowly as you age. Atherosclerosis typically affects medium and large arteries in the body. Many scientists believe that damage to the endothelium, the innermost layer of the artery, is where atherosclerosis begins.?? Damage to the endothelium allows plaque to build up along the lining of your arterial walls, and as it does, blood flow is constricted and the supply of oxygen to your body is decreased. Effects of Atherosclerosis Plaque can rupture and cause blood clots (thrombus). These blood clots can break away and enter your bloodstream, lodging in another part of your body, sometimes completely blocking blood flow, called an  embolus. Fatty embolisms that block blood flow to your heart cause a heart attack. If they block blood flow to your  brain, they cause a stroke. If blood flow to your arms and legs is reduced, it can cause you to have difficulty walking and eventually lead to gangrene.?? There are three proven causes of atherosclerosis, including: Elevated Cholesterol and Triglyceride Levels Elevated levels of cholesterol and triglycerides in your blood cause damage to your endothelium.?? Some cholesterol is necessary, and your body usually produces most of what it needs in your liver. The other source of cholesterol comes from animal fat  and is known as LDL or bad cholesterol. While our bodies need some LDL cholesterol, too much of it can raise your cholesterol levels dangerously and put you at risk for atherosclerosis and/or a heart attack. Foods that come from animals, such as chicken, eggs, dairy products, beef, and pork, contain cholesterol. Foods from plants do not contain cholesterol. High Blood Pressure Blood pressure is the result of two forces. One is the pressure created by your heart pumping blood through your circulatory system. The other is the force of the resistance of the arteries as your blood flows through them. When your heart pumps, it pushes blood through the larger arteries and on into the smaller blood vessels, called arterioles. The arterioles can constrict or expand, and when they do, the resistance of the blood flow is affected. The more difficult it is for the blood to flow, the higher your blood pressure will be. When high blood pressure goes untreated for a long time and your heart is forced to pump harder to get the blood to flow, the result is often an enlarged and weakened heart muscle. High blood pressure hurts your arteries and arterioles over time as well.?? They become scarred and hardened, putting you at risk for atherosclerosis. How Cigarette Smoke Increases Risk Factors for Atherosclerosis Cigarette smoke aggravates both of the above risk factors for atherosclerosis in the following ways: Cholesterol: The toxins in tobacco smoke lower your high-density lipoprotein cholesterol (HDL or good cholesterol) while raising levels of low-density lipoprotein cholesterol (LDL or bad cholesterol).??Nicotine and Carbon Monoxide: The nicotine and carbon monoxide in cigarette smoke damage your endothelium, setting the stage for the build-up of plaque.??High Blood Pressure: While cigarette smoking wont cause high blood pressure, if you smoke and you also have hypertension, smoking can increase the risk of malignant hypertension, a dangerous form of high blood pressure.?? Smoking is hard on the heart. Its Never Too Late to Quit Smoking If youre a smoker and youre thinking about quitting, remember, its never too late to quit smoking. Regardless of your age or how many years youve smoked, research has shown that your body will begin the healing process within 20 minutes of your last cigarette. Within one year of quitting smoking, your risk for coronary artery disease drops to half that of a smoker. Between 5 and 15 years of quitting, your  coronary disease and stroke risk drop  to that of nonsmokers.??

Saturday, May 23, 2020

Does Racism Make Us Sick - 1506 Words

Maressa Rodgers Dr. Crystal Piper HLTH 3105 MF December 12, 2014 Does Racism Make Us Sick? When assessing the progress of the racial divides that plagued what is now considered the â€Å"melting pot† of all nations, the feelings and health statuses of the oppressed should stand out as one of the major indicators of progress. Yet with this logic, it seems as though the disparities continue to grow, the voices of the oppressed minorities in the United states gets hushed by their oppressors, and many individuals that try to stand up for their basic human rights get tossed back into the shadows. In America, many people of privileged backgrounds find themselves fleeing from their guilt by excusing their unearned favor in this society by†¦show more content†¦Those key aspects include, historical traumas and colonialism and the etiology related to health behavior, the disassociation that some minorities feel, the permanent division among different races due to segregation, the various levels of racism, and finally how these elements affect the health outcomes of minorities. While assessing these aspects, the consideration of America’s progress should still have a thorough examination as well as finding the validity in the statement that racism contributes significantly to making American minorities sick. Before delving further into these aspects, a distinct understanding of racism, discrimination, and disparities is significant to seeing the connection of how they each relate to the health impacts of American minorities. Racism is an institutional and systematic form of oppression, seeking to undermine the progression of minority groups, in an effort to place them as inferior based upon the taxonomy of race. Discrimination is clear mistreatment among certain individuals based on prejudices against various parties. Finally, disparities are facets of different communities that force an unfair disadvantage upon them. All three of these factors contribute to negative health impacts among minorities. Racism and discrimination have played a major role in creating such health disparities over many years throughout history. From the video, Dr. Karina Walters explains how â€Å"historical trauma has indicators of etiological or

Tuesday, May 12, 2020

Evaluation Of An Effective Meeting With A Client - 1344 Words

Completing the initial contact with the client showed me both areas in which I need improving and areas I did well. After speaking with classmates and receiving feedback from my supervisor I was able to better understand what others thought of my interview. Seemingly, main areas of concern during the interview were to maintain professionalism, practice self-reflection, show empathy, conduct the interview in a thorough manner, and avoid any personal biases during the interaction. The concerns for conducting an effective meeting with a client can depend on many things. With reference to the previous class 341, we engaged in scenarios during class that acted out the client and worker interview. During the classroom exercises it was difficult to create a natural setting for meeting with a client. While at probation it became easier to deal with clients because what you were witnessing are real life situations, and the person sitting in front of you is seeking help and resources. Areas I believe I did well in during the initial contact, was the engagement process. Sitting down with the client and my supervisor as we introduced ourselves and explained to the client our goals of the initial contact and our intentions I felt the client felt comfortable meeting with my supervisor and myself. The client was actively engaged throughout the entire interview, this client was open to ask questions and open to expressing his experiences and concerns. My supervisor and myself were able toShow MoreRelatedAssignment : Planning Engaging Stakeholders1523 Words   |  7 PagesAssignment 1: Planning Engaging Stakeholders (20 points) Successful evaluations begin with careful planning and efforts to engage those who will be part of the evaluation activities. This assignment focuses on using the knowledge and skills you have acquired in this course and other courses to talk about evaluation in your field practicum site and to engage your supervisors (field task instructors, agency director, coworkers, clients, etc.) in your project. Agency Information: 1. Provide a briefRead MoreImplementing Existing System Of Quality Control917 Words   |  4 Pagesthat outcomes are being met; and that clients are satisfied with the services received. NDY has a long history of providing services to at-risk /high-risk youth and low-income families with grant funds, including foundation, federal, state and county funding sources and the agency has a system in place to guarantee service compliance and goal attainment. Utilizing sound evaluation research methods, NDY routinely conducts both process and outcome evaluations of all programs. In addition to complyingRead MoreProgram Assignment835 Words   |  4 Pagesprogram targeted to enroll 115 clients, but 103 clients were enrolled, they also targeted 57 clients to complete the course, but the actual number was 65, for clients advancing one level up, their target was about 37 clients, but they surpassed their target, and about 60 clients completed the course. The data collected from interviews shows that the outcome achieved is based on the program activities. The interview question shows that the classes are held in clients’ apartment complexes. This is oneRead MoreEffective Communication With A Social Worker1196 Words   |  5 Pagesis the ability to have effective communication skill. I understand that as a Social Worker we are constantly communicate with clients to gain information, convey critical information and make important decisions. Without effective communication skills, social workers may not be able to obtain or convey that information, thereby causing detrimental effects to clients. Effective communication skill also applies to the relationship you have with your agency supervisor. Effective communication with yourRead MorePlan For Creating A Treatment Plan1655 Words   |  7 Pages Transaction #4 Client: Yeah, I’m getting too old for this. I just want to get a little apartment or a room and a job to keep me going. I need my own place where I can just be alone with no one to bother me. Worker: I hear you. But, what’s the most important thing right now? What’s your plan? Skill: Maintaining a focus on the goals. Reading the client: Is this guy going to help me get a room for me to rent? I keep insisting that that’s what a need hoping that he’ll offer me some help withRead MoreSelf Critique Of Charles Kebler As Sales Manager Essay1561 Words   |  7 PagesAssignment: Sophia Barrow Performance Evaluation Self-Critique Section One – Overall Performance Critique: 1.What did you do well in the meeting? After going back and reviewing my performance evaluation of Sophia Barrow, I feel like I did a very good job overall. The first thing I feel like I did well during the meeting was keeping the conversation balanced. Keeping the conversation balanced and not talking too much was my main issue going into the meeting. The next thing I feel like I did reallyRead MoreThomas Green Essay1336 Words   |  6 Pagesopportunities. After meeting with Shannon McDonald, Travel Division Vice President, she promoted Thomas Green to Senior Marketing Specialist. Within one week, Green met Marketing Director, Frank Davis. On October 8th, Green attended Davis’ Budget Plan meeting. After a disagreement about Davis’ regional sales goals, Davis emailed McDonald regarding Green’s personality issue. Green and Davis’ rocky relationship continues to escalate after Davis gives Green a poor informal evaluation. There was nothingRead MoreProject Manager And The Lead Designer And Lead E ngineer1039 Words   |  5 PagesThe client-related risk will be mitigated by implementing an effective communication plan with early client engagement and by drafting a contract that delineates the client’s duties beyond payment. The risks of schedule’s delay and over-budget will be mitigated by minimizing changes of scope, planning a realistic schedule, avoiding communication breakdown, tracking resources and deliverables and enforcing and monitoring the quality gates. The Project Manager and the Lead designer and Lead EngineerRead MoreDonabedian Model788 Words   |  4 Pagessuggests that ‘it is important for counsellors to evaluate their work as an ongoing process through evaluation, in which the client participates, to understand where their interventions are appropriate or where a different approach may be more effective’, (pg. 85). Previous research of counselling evaluations have possibly failed to recognise client’s views, which is important as this examines how clients want to be helped and how they consider to have been helped, which helps counsellors to improveRead MoreEvaluation Of The National Association Of Social Workers1119 Words   |  5 PagesEvaluation How do you know if you are really helping the client? Evaluation is an essential part of the social work profession offering monitoring and measuring interventions created for clients. Research has concluded evaluation is an integral part to social work practice approach to evidence-based methods. In recent years, training on evaluation has increased however it remain under-utilized by social workers in practice, (Hitchcock Baker, 2010). The National Association of Social Workers

Wednesday, May 6, 2020

Anne Hutchinson versus Massachusetts Free Essays

Anne Hutchinson was a church going woman at the least. She moved to Massachusetts in 1634 with her husband and thirteen children. She was expecting her fourteenth when they arrived. We will write a custom essay sample on Anne Hutchinson versus Massachusetts or any similar topic only for you Order Now Her main influence to migrate to the Americas was Reverend John Cotton. He was a minister to her while they lived in England and she could hear prayers from anyone else but him. Anne was a true believer of the Puritan faith and keeping up the traditions and worship. She believed in speech of â€Å"covenant of grace† not a â€Å"covenant of works†. Basically she wants people to worship what god says and what he has laid down for them to pray upon. She opposes many ministers who she believes that speaks of words that people have laid out over the years and of a man named John Calvin. He was a famous Pastor whose works are called Calvinism. This is what gets her into a big heap of trouble. While in America Anne has these meetings with people around her area and she preaches what she thinks is right and who all she believes can teach the religion the right way. Well people found out and she was put on trial among her peers to be tried for â€Å"troubling the peace and commonwealth of the churches here.† She had spoken something to a group of ministers about her beliefs and they were there to testify against her. She exclaims,† what law have I broken† thinking to herself what she did was right. Some of the men said she said it and some said she didn’t say all that she was accused of but overall the jury believed she said it. Reverend Cotton almost gets her out of it but she rambles about her beliefs again and convinces everyone that she should be prosecuted. The jury and the judges find her guilt of â€Å"troubling the peace and commonwealth†¦Ã¢â‚¬  and she is convicted and banished after she is â€Å"uncommunicative† with the outside people she knows. She stays a few months in a house in â€Å"Roxbury† then goes back to court. She then receives her final conviction which is banishment, also John Cotton now hates her for what she has done and talks down to her in the court and says she shall go to hell. She can’t ever come back to that town. She then moves to what is now â€Å"Portsmouth, New Jersey â€Å"with some of her followers. When her baby was due is was a â€Å"still baby† and people thought it was a sign of the evil she had done and called it the â€Å"devil child.† She later gets murdered with five of her kids by Indians after moving to New Netherlands. How to cite Anne Hutchinson versus Massachusetts, Essay examples

Sunday, May 3, 2020

Consumer Protection Laws

Question: Describe about "Consumer Protection Laws". Answer: Introduction A section of laws and organization which are formed in order to ascertain the consumer rights along with fair competition, trade and transparency in terms of the transaction process are the main aspects of Consumer Protection law. The laws are formulated in such a manner which ensures any form of unfair treatment to the consumers. Thus, the acts that are legislated and executed in accordance to the above mentioned aspects related to consumer behavior and protection of their interests is Consumer Protection Act. In this regard it could be mentioned that, the national law in order to ascertain protection of the consumers and fair trading is the Australian Consumer Law (ACL). On 1st January 2011 the ACL was commenced (Consumerlaw. 2016). Case 1 In the context of the above discussion, few cases could be mentioned which are related to the concept of Concept Protection Act, in order to explain the idea more vividly and in an in-depth manner. The ACCC V TPG Internet Pty Ltd [2013] HCA 54 (the TPG Case) clearly highlighted the fact that, the nations highest court is determined to give proper justice to the consumers whose Consumer Protection Laws gets breached by any large company. In the context of this case, regarding the companys relation with Unlimited ADSL2+ service, the court justified a $2 million fine against TPG. Fine of this type is the first of its kind in the court. In the opinion of the ACCC, this kind of decision affirms its effort in preventing violation of consumer laws by the big companies (Hannebery et al., 2016). The main issue of the case was the question whether under Section 52 of the Trade Practices Act 1974 (Cth) (at present Section 18 of the Australian Consumer Law) the print advertisements that was developed by TCP for the promotion of its Unlimited ADSL2+ service misleading or not. In the advertisement it was mentioned that an offer was provided by the company under which ADSL2+ would be supplied for $29.99 per month. In a comparatively smaller print, below this offer it was notified that the offer came along with the TPG home telephone service due to which the consumers would have to pay additional $30 per month. On the basis of the above issue the ACCC opted for a legal action against the company. The allegation of the ACCC was that the advertisement had scope or was already misleading the consumers regarding the actual cost of the ADSL2+ service. Thus in this case, the consumer right of receiving transparent and non-deceptive information regarding the provided services was at stake , resulting in the breach of consumer laws. On December 2013, the High Court reestablished the Federal Courts verdict that the advertisement was misleading and reinforced $2 million penalty which was previously reduced by the Full Federal Court on the appeal of the company. The High Court emphasized on the perspective or point of view that was conveyed by the main message in the particular advertisement. The Court during the judgment considered the fact that on the basis of the companys ad it may resulted in effective formation of belief and impact the trust of the consumers that may lead in attracting the consumers to go into a negotiation with the company rather than its competitors. The High Court further highlighted the fact that a rational consumer might be aware of the fact that ADSL2+ services were combined with telephone services but that cannot result in ignoring the fact that advertisement was of deceptive nature. Some of the main requirements of the provided information t o the consumer under the Consumer Right laws are its transparency, clarity, non-ambiguous and non-deceptive nature. In this particular case, the provided information conveyed to the consumers consisted of ambiguous and unclear elements thus breaching the right of information of the consumer, resulting in breach of Consumer Law (SOVERN, 2014). In order to analyze the mentioned case critically and in an effective manner, the opinion of ACCC Chairman Rod Sims as provided for an article in the Australian Financial Review could be highlighted. He opined that, the decision given by the High Court in this particular case was a standard for the companies regarding the consequence that they might have to face in case they breach consumer laws. The verdict given in this case clearly highlights the issue of misrepresentation by the companies. This case brings out the aspect that it is essential on the part of the organizations to be careful regarding particular features of services or goods that they emphasize and convey upon to the consumers should not have any form of misleading or deceptive elements that may affect the consumer. As a result of which the organizations during their promotion or advertisement should be very careful regarding the any form of misleading statement (Mondaq, 2016). The company which has been blamed this case may provide that logic that all the essential and important information were provided in the advertisement. But this cannot result in ignoring the fact that certain portions of the messages were emphasized upon while other parts of the information were not emphasized upon. This can be clearly stated to be a means of misguiding the consumers. As experienced from the above mentioned case that such behavior on the part of any organization can lead to its suing and if the misconduct or breach of the law is proven then the consequence may be penalty of paying a compensation amount or even imprisonment. Case 2 Section 52 of the Trade Practice Act [TPA], deals with misleading or deceptive behavior in terms of trade behavior or practices. In this regard, The Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49 (3 April 2012) case can be mentioned. In accordance of the paragraphs 2(i) to (iv) of the Notice of Appeal the Court declared that, due to publishing on the Google Australia websites result page on 29th May 2007, 18th July 2007, 24th October 2007 and 17th April 2008 by Google Inc results that were ads for STA Travels business and website which consisted of the heading of Harvey World Travel or Harvey World was contradicting the fact or truth according to the trade or commerce behavior which are: the advertisement represented the fact that STA Travel and Harvey World Travel business were associated, the mentioned organizations had an affiliation, at STA Travels website Harvey World Travel businesses information could be found and finally the at STA Travels website information regarding the service provided by Harvey World Travel businesses could be achieved. As a result of the above mentioned trade behavior, Google Inc was hold liable to be engaged in misleading or deceptive behavior (Accc. 2016). Similarly, between March 2006 and July 2007, Google Inc by publishing or caused to publish results on result page of the Google Australia website CarSales advertisement with the website heading as Honda.com.au results a breach of consumer law. The reason being, when the consumer would click on the provided headline of Honda.com.au they were supposed to visit the Honda Australia website which was not happening. This clearly was a misleading or deceptive act. It was further claimed by ACCC in response to searches of users for a business which was a competitor; Google published sponsored links to the websites of Trading Post and Ausdog as well (Farrell, 2010). In this particular case the issue was not the fact if the sponsored links were of misleading or deceptive nature or not. The main aspect on which the High Court was required to take a decision was whether by promoting or displaying sponsored links there was any form of involvement on the part of Google Inc in misleading or decepti ve behavior. The High Court on 6th February in completely agreement and approved the appeal made by Google. The approval of the appeal was done on the basis of the finding which reflected that Google was not involved in any form of deceptive or misleading behavior. The justification given by the court for this verdict was mainly because the search terms which are selected by the internet users or the material that are available on Google are not controlled by Google. Moreover any advertisement that gets activated in Google page is because of the fact that the Google ad words content or Google search main words are specified by the advertisers and Google is not in control of that. Other than that, the advertisements that are published in its page are not created or authored by Google itself and third party is responsible for it. The innocence of Google from any form of misleading is further proven from the fact that the conveyed information in those advertisements was that of the advertisers which Google do not endorse (Sinha, 2011). Thus from the above findings the innocence of Google was established and the previous decision of the Full Federal court which was in favor of ACCC was nullified the verdict by the High Court. There are number of implications of the judgment given by the High Court that primarily impacted the publishers, advertisers and trade mark owners. The main impact upon the publishers was establishment of the fact that websites should be treated at per as any other media of advertisement like newspapers, magazines etc. It is also significant in this context that, if an advertisement is not created or adopted by a particular media, then it would not be considered liable for the misleading elements of the advertisement. It was further affirmed by the High Court that the advertisers will be considered liable for the deceptive or misleading elements that are present in online advertisement. Moreover, in case any advertiser buys Adwords which consists of another organizations trade mark and link it to a sponsored link the advertiser will be considered liable for the misleading and deceptive behavior (Hwlebsworth, 2013). As a result, it further increases the importance on the part of the a dvertisers to review the components of an advertisement in order to assure that it contains no misleading elements. The importance of The Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49 (3 April 2012) case also lies on the fact that in relation to the particular case on 23th April 2013 Trade Mark Adwords policy was updated with the purpose no more restrictions would be imposed on advertisers by Google in terms of their purchase and use of trademarks like keywords in Google Ads. In case of any form of breach of rights on the part of trade mark owners they may secure their rights by approaching or lodging a complain to Google regarding any form of unauthorized use of trade mark which will result in restricting its use by Google. Other than that claims could be under the Australian Consumer Law any the advertisers unauthorized use of the trade mark. From the above discussion it is prominent that The Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49 (3 April 2012) case was a significant one in terms of the consumer laws. In order to analyze the case critically it is essential to discuss the argument of both the sides. Prior to the verdict was given by the High Court, the Full Federal Court was in support of ACCC. Earlier to the verdict was given by the High Court there were number of arguments posed by ACCC in against of Google Inc. Some of those mentionable arguments are: in the perspective of ACCC Google was involved in the creation of the sponsored link because the technology is utilized by Google itself in order to create and present the sponsored links. Thus, this involvement makes Google more than just a publisher. So, on the basis of Section 52 of TPA ACCC made the argument that Google Inc was engaged in misleading and deceptive act (Hcourt. 2010). In other to defend these charges, Google Inc presented to the High Court every applicable aspect of the sponsored links, further mentioned that as compared to the fundamental aspects of the technical facilities provided to the advertisers the technical facilities of Google as provided to others were not different and most importantly, the commercial relations between advertisers and other traders were not within the boundary of Google. In this particular case there were number of elements that could have resulted in the inclusion under the provisions of the Section 75B of the TPA, resulting in proving Google as criminal for commencing misleading and deceptive behavior (Hwlebsworth, 2013). But it was given a clean cheat on the basis of the particular circumstances of this case which includes the level of Googles involvement in terms of determination of the sponsored links contents. Conclusion In the conclusion it could be stated that the core purpose of the consumer laws is not to protect the consumers from any kind of misconduct, misleading and deceptive behavior and protect the interest of the consumer. It further ascertains that if any such incidents occur against the consumers they get fair justice and get the get deserved with the help of these laws. References Hwlebsworth, 2013 [online] Google victory over consumer watchdog: Google v ACCC.publications/publications/technology-media-and-communications/item/977-google-victory-over-consumer-watchdog-google-v-accc.html [Accessed 19 May 2016]. The Australian Consumer Law, 2016 [online] Consumerlaw.gov.au. Australian Competition and Consumer Commission, 2013. Farrell, C., 2010. Citizen and consumer involvement in UK public services. International Journal of Consumer Studies, 34(5), pp.503-507. Hannebery, J., Sapountsis, J., Hannebery, J. and Sapountsis, J., 2016. Australian consumer law update: ACCC cases targeting false or misleading representations | Davies Collison Cave Australia. [online] Davies.com.au. Hcourt.gov.au., 2012. [online] High Court of Australia: Google Inc v. Australian Competition and Consumer Commission. Robertson, I. and Berry, S., 2014. ACCC to pursue companies that breach consumer laws - Consumer Protection - Australia. Sinha, R., 2011. Consumer laws. New Delhi: Global India Publications. SOVERN, J., 2014. Fixing Consumer Protection Laws So Borrowers Understand Their Payment Obligations. J Consum Aff, 48(1), pp.17-33.

Thursday, March 26, 2020

Organization Learning Concept

Organization learning can be defined as organized acquiring of experience through controlled and managed trial of new strategies and intelligent use of the results to achieve the required objectives.Advertising We will write a custom assessment sample on Organization Learning Concept specifically for you for only $16.05 $11/page Learn More This is because the more dynamic an organization is the higher the chances of maintaining its prowess in current volatile market. This paper discusses the importance of learning to an organization, the necessary requirements and examples of organizations which have used this concept to maintain their brands in the current competitive market. Importance of learning to an organization The employment of this strategy will enable a company or the business empires realize its mission and vision statements. This is because organization learning empowers every member of the organization towards a common goal. By either creati ng and trying new policies and strategies or learning and positively responding to current challenges the organizations can formulate mission and vision statements and incorporate everyone to achieve them. Learning organization creates new challenges to the management and all the employees. The employees feel part and parcel of the organization. This makes them believe to be part of the solution and not the problem. The shift from the tradition advertisement based on disseminating information is being replaced by interactive advertisement as seen in social site advertisement and employees are faced with new modern challenges. Learning and acting to these challenges becomes the dream of every employee. Due to the volatility of the current marked the only way for organizations to stay afloat is to embrace organization learning. They take time to learn and implement better methods of doing things due to the continual change in the society. Car manufacturing companies such as Toyota lea rn from changes in international policies on emissions and fuel efficiency to invent more efficient automobiles.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Necessary requirements An excellent communication system is essential in organization learning. A good communication structure is essential in disseminating information and knowledge throughout the whole organization from senior management to other levels of management, from one department to another and also forms one person to another. This is especially important in large organizations that have different branches in different areas. Employment of communication tools such as web conferencing, instant messaging, cell phones and others enhance passing of information and knowledge within the organization (Eijkman, n.d; Janakiraman, 2008). For an effective learning organization the kind of the work force matters a lot. Curious a nd intelligent people who have an intuitive thinking about work based problems are an advantage as suggested by Serrat: Intellectually curious about their work, who actively reflect on their experience, who develop experience-based theories of change and continuously test these in practice with colleagues, and who use their understanding and initiative to contribute to knowledge development. (Serrat, 2009, p. 1) Knowledge is one of the most important requirements for effective learning organization. Learning and knowledge cannot be separated. This is suggested by Serrat: Knowledge is a critical asset in every learning organization. Because learning is both a product of knowledge and its source, a learning organization recognizes that the two are inextricably linked and manages them knowledge should encompass both the individual and corporate knowledge (Serrat, 2009, p. 1) Technology is part and parcel of passing of information and knowledge in the organization. This is important in ensuring that there is effective communication and management of knowledge. The organizations must invest in terms of time, support personnel, relevant infrastructure, and expertise. These and other requirements are important in facilitating the learning process.Advertising We will write a custom assessment sample on Organization Learning Concept specifically for you for only $16.05 $11/page Learn More Conclusion Learning organization is a very important concept for those organizations that want to remain in the market for long. Organizations learn from self made or prepared challenges or the challenges they face in order to brace themselves for the challenging future ahead. It is a very important concept that everyone should try. References Eijkman. H. (n.d.) The Learning Organization as concept and journal in the neo-millennial era: a plea for critical engagement. Web. Janakiraman. S. (2008) The Importance of being a Learning Organization. Web. Serrat O,(2009). Building a LearningOrganization. Web. This assessment on Organization Learning Concept was written and submitted by user JoantheMouse to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Friday, March 6, 2020

Xeriscaping

Xeriscaping Introduction The world is endowed with many important natural resources. However, water emerges at the top as the most important natural resource human beings have for simple reason that it supports life. Climate changes and dynamic ways of life of human beings on the planet have varied patterns of use and consumption of water.Advertising We will write a custom thesis sample on Xeriscaping specifically for you for only $16.05 $11/page Learn More Additionally, there has been an irreversible alteration of the environment that has directly impacted on the planet’s water situation. Many water catchment areas and water bodies on the planet have been destroyed and left in desperate situations. The result therefore has been a water stressed planet with many areas experiencing acute water shortages barely enough to cover respective population commercial and domestic consumption needs1. One of the most water dependent domestic uses is gardening and lawn care. In the US for instance, it accounts for most of the seasonal increase in water consumption in numerous places. An average US family consumes approximately twenty-six gallons of water every day. The entire nation consumes approximately twenty six billion gallons of water every day2. Out of the above daily consumption, over 7 billion gallons are devoted for use in outdoor activities such as gardening and landscaping. According to US Environmental Protection Agency, a lawn setting in a suburban place in the US uses over ten thousand gallons of water every year. One of the most enduring but misplaced notions has always been that green magnificent lawns are only achievable through extensive water use alongside other practices such as fertilization. Many environmentalists have however argued and proved that magnificent lawns and gardens are achievable with the employment of water conserving landscaping techniques. The techniques employed in this area use terms such as ‘waterwiseâ₠¬â„¢ and ‘waterlow’ depending on their underpinning philosophy. To consolidate the water conserving landscaping approaches, the concept of Xeriscape landscaping was developed.Advertising Looking for thesis on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More Since its coinage and copyrighting in Denver in 1981, Xeriscaping has become the official description of all the methods and approaches used by authorities and individuals to pursue water efficient landscaping practices. There have been many initiatives formulated at all levels of government in the US to promote xeriscaping for the sole purpose of encouraging responsible water use. This paper will therefore examine the efforts and strategies put forward by the authorities in promoting xeriscaping in the US3. The analysis will look at the nature of the efforts i.e. their status and how they are implemented. The analysis will be carried out within the framework of federal, state and local governments and the policies that they have laid down to promote xeriscaping and efficient water use. However, for purposes of better understanding, there will be a brief look at what xeriscaping is. Xeriscaping The Denver water department coined the word xeriscaping in 1981. The main purpose was to highlight the importance of water efficient landscaping. The word is derives from the word â€Å"Xeros† Greek for dry and landscape. To fulfill its core purpose of promoting water efficient landscaping, Xeriscaping operates on seven principles and eight fundamentals that promote waterwise landscaping. The seven principles include good planning and design, mulching, efficient irrigation, continuous study and analysis and improvement, good plant selection and practical turf areas. The fundamentals encourage wise irrigation scheduling, provision of regular maintainace and extensive use of mulching. Xeriscaping Efforts by authorities in the U S Some environmentalists assert that the water efficient landscaping techniques can be used by local, tribal and state governments as well as companies and businesses to physically improve their properties for purposes of reducing long-term maintainace costs and the creation of environmental friendly landscapes. In the United Sates, the federal, state and local governments and water districts throughout the country have since the 80’s promoted and supported xeriscaping efforts. Some of the initiatives implemented by these authorities are mandatory while others are incentive based to encourage large adoption of the practices.Advertising We will write a custom thesis sample on Xeriscaping specifically for you for only $16.05 $11/page Learn More The initiatives and efforts have always encouraged people to create low water demanding and drought resistant landscapes. Generally, there have not been any major laws directly concerning xeriscaping in the US4. Most of the efforts that are in place right work within a framework of existing water conservation laws. It’s important to note that mandated efforts have mostly taken place within the state and local level compared to the federal level. This analysis will therefore concentrate on the latter two states. It will involve a look at notable state and local governments that have put in concerted xeriscape efforts, how they have done it and if the efforts have been successful in their intended purpose. Xeriscaping on the federal level On the federal level, there have not been any major regulations that give emphasis to xeriscaping. Federal authorities seem to endorse the xeriscaping program through education initiatives. Through the Environmental Protection Agency, extensive education and information on water conservation in landscaping through xeriscaping is carried out. The information includes information on hoe tom locate federal local resources. The focus on local resources m eans the federal government treats the xeriscaping issues as a regional one that state and other local authorities are better suited to handle5. One of the most probable reasons why the federal authorities may not be treating the xeriscaping issue with national urgency is the fact that the country is so large and diverse that a national effort to push for xeriscaping may end up being ineffective. It’s therefore nearly impossible to tackle the issue from a national platform. State and local governments on the other hand are more specialized in terms of populations and their environment’s natural conditions. It’s therefore easy for them to roll out specific incentives that fit their areas of representation. Xeriscaping therefore is very much a local issues and concerns little of the federal government. Xeriscaping at State level Numerous states have enacted laws and offered incentives meant to entice their populations to adopt xeriscape practices. Florida, Texas a nd California are some of them. There will be an individual analysis on every one of the states mentioned above. Their cases will be generalized over the rest of the states to help paint a picture of how xeriscaping is applied in the different settings.Advertising Looking for thesis on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More Florida Florida is one of the most water sufficient states in the US. However, the distribution of rain in the state is wanting. There is an uneven distribution of rainfall in the state. Besides, the state is endowed with sandy soils that have poor water retention capabilities. Additionally, the state has a fast growing population that has increased its demand on the water resources of the state. The state of Florida was one of the few states in the US to enact water conservation legislation that gives emphasis to xeriscaping. In fact, it was the first state to enact a xeriscape statewide law. The law requires Management and Transport departments to utilize xeriscape laws in all their new public property developments. It also requires all public properties constructed before 1992 to be phase in Xeriscape through a five-year period6. Florida law criminalizes the planting of some exotic species that may not be supportive of xeriscaping. At the same time, the law promotes the use of xe riscaping concepts in the state government’s landscaping initiatives. The law also encourages local governments to use xeriscape oriented landscaping techniques and practices. It’s so far the most explicit state law on xeriscaping in the US. Previously, there has also been a bill in Florida that proposed criminalization of the passage by localities of laws that prevent xeriscaping7. Besides, the South Florida Water Management District together with the Florida Nurserymen and Growers Association, the Florida Irrigation Society and the local business community have collaborated to produce the â€Å"Plant It Smart with xeriscape† television program that seeks to promote the use of xeriscape in the state. The program showcases an ideal Florida residential yard and how it can be retrofitted using xeriscape landscaping techniques to safe on costs, energy and time. The fact that the SFWMD is involved shows the level and commitment authorities have given to the implemen tation of Xeriscape8. There is also the Southwest Florida Water Management District (SWFWMD), the City of St. Petersburg, and Pinellas County, Florida who have pooled resources together to produce the â€Å"Xeriscape It† Video game. The videogame enlightens people on the seven principles of xeriscape landscaping. Furthermore, through the collaboration, SWFWMD has sponsored numerous xeriscape demonstration sites, besides having a xeriscape garden it its headquarters in Brooksville. The garden showcases the variety of native and non-native plants that that are appropriate for xeriscaping. The garden is accessible for viewing by the public who are issued with a guide about it. The above initiatives have the full backing of the authorities. It’s therefore safe to conclude that in Florida, the state has out in place adequate efforts to promote xeriscaping. One of the characteristics of the efforts employed by the state of Florida and that is observable in many other states is the involvement of the private sectors on raining awareness and promoting xeriscaping. California California is sometimes described as a water hungry state that satisfies its water needs through importation of water. The most affected part of state is southern California, a situation experts blame on many causes. Due to the water stress situation however, California unlike a number of state and local governments and federal government bodies has not widely implemented the xeriscaping principle of landscaping. Through the California Environmental Protection Agency, has encouraged residents to adopt xeriscape-oriented practices that will help in conserving water in the state. The situation in California is representative of many states and local authorities in the country where xeriscaping has not gained root. The authorities don’t appear keen in neither pursuing legislative nor incentive based approaches to encourage xeriscaping. Texas Besides California, Texas is another s tate that has taken official measures that encourage xeriscaping. Unlike the Florida case however, the Texas and California legal drives have not been as forceful. Texas passed the conservation law in 1991 that imposed various regulations meant to conserve water in the state9. The state also passed a law that specified that xeriscape parameters met in all new construction projects of the state after January 1994. In 1995, there was also an additional legislation that made in mandatory for the state department of transport to implement xeriscape standard in all the construction and maintainace of roads and roadside parks of the state. The law also urges local authorities of the state to consider enacting ordinances that will require people and businesses observe xeriscape practices to conserve water10. Additionally there were two other state laws passed in 2001 that promoted responsible use of water through practices such as xeriscaping. In xeriscaping, the law identifies xeriscaping as a way popular way of saving water at home. It urges gardeners and landscapers to source for plants that won’t drain water quickly and that will help reduce the monthly water bill of the average Texas household11. Texas and Florida lead the park in enacting laws that observe xeriscape practice. The above analysis has been used to put into perspective of the existing state measures that promote xeriscape. No doubt, other states have different laws regarding the subject. However, this serves a demonstration of how far the concept of xeriscape has been utilized on the state level12. Xeriscape efforts at Local Government The analysis of local authorities will concentrate on county authorities and city governments that have put in place measures that promote the use of xeriscape measures in landscaping their territories. Numerous localities, far more than state and federal have embrace the xeriscape concept. One of the outstanding approaches local authorities are using is throu gh offering cash incentives to their residents who are willing to implement xeriscape practices13. Las Vegas In Las Vegas, the city government accords homeowners a cash reward of one thousand dollars if they convert their lawns to xeriscape compliant. Commercial landowners on the other hand get up to $ 50,000 in water bill credit if they comply with xeriscape standards. The main aim of offering these rewards is meant to help local authorities conserve water and save on costs associated with it. In Las Vegas for instance, the city hopes to save 25% of water it could have used in a decade. Other plans by the Las Vegas city government to promote the use xeriscape include a limited city ordinance turf of not more than 50%, of any new landscapes and awards on xeriscaped properties in the city14. Glendale Arizona In Glendale, Arizona, residents of the city receive a rebate reward of $100 if they install or convert more than half of their landscape area commercial or private to non-grass vegetation. The Glendale Water Conservation Office carries out an audit to ensure all the requirements which are tailored along xeriscape practices are met. A rebate check is then issued to the homeowner who would have fulfilled the requirements. The main objective of implementing Xeriscaping practices in Glendale is to minimize on the amount of water that is used by residents to irrigate grass. The city of Albuquerque on its part offers cash rewards of a maximum of $ 800 for private residential properties and $ 200 for commercial properties that restructure their properties to incorporate designs that help in conserving water. According to statistics supplied by the municipality, the city has been able over ten years to reduce its percapita consumption of water from 250 gallons to 175 gallons. It’s important to note that there are stark differences between the approaches employed by the state governments and localities in implementing xeriscaping approaches. Many state gover nments including the ones discussed above clearly prefer the legislation approach while local authorities prefer the reward or incentive system. The most probable reason why the state governments prefer the mandate system is probably because of the size of the population and the territory they preside on. Only rules imposed through legislation are likely to work on a wide population such as that of a state. Additionally, the state is likely to spend more or save more by virtue on the size of its population. Incentives to entice people are therefore not likely to achieve much of either of the above15. Local governments on the other hand have lean populations who are easily manageable. Their numbers are commensurate with the resources that cities have and their likelihood of its populations meeting the conditions are high. Furthermore, local governments have small jurisdiction areas which are reachable making implementation of laws and regulations easy compared to the state16. There i s need for states and more local authorities to come up with new and more appealing incentives that will be specifically targeted at real estate developers. The incentives will be structured in such a way that they will encourage those businesses already using and implementing xeriscaping measures. One of the businesses that will benefits from such incentives for instance includes HHP developers in Las Vegas. The property development manager has so far developed over 25, 000 hectares of land with both commercial and residential properties. In their development, HHP has over two decades applied practices consistent with xeriscaping landscaping. Given the fact that Las Vegas has provisions that require implementation of xeriscaping practices, the business has over time saved hundreds of thousands of dollars over the two-decade period. It’s easy to use the above example as one of the benefits of using xeriscaping in order to entice more businesses and individuals countrywide. Co nclusion Xeriscaping is a fast growing practice in the US. Since its invention in 1981, the practice has helped different authorities to save on expenses through water conservation. The Florida and Texas examples need to be emulated in other states because the practice has proven its worth. As said in the analysis, the practice is however tricky to implement on a national level. Besides legislation however, there is still more that the federal government can do to promote xeriscaping. This can be done through offering incentives to states that enact legislation that among other thing support the practice. There is need to shift attention to big businesses considering the amount of land at their disposal. Most of the laws that especially exist in state level only compel public departments to apply xeriscape practices. Private property should be included because the benefits in the long run will be both for the public and private citizens. Furthermore, authorities should consider more public-private partnerships that will help in easier adoption of the xeriscaping practices. While it’s not easy for the complete achievement of xeriscaping objectives, the above offers a good platform on which to start. Bibliography Brenzel, Kathleen N., ed. Western Garden Book, 2001 Edition, Menlo Park: Sunset Publishing Corporation, 2001. Buras et al, Managing urban water supply, Berlin: Springer, 2003.p. 56 Cech, Thomas, Principles of water resources: history, development and management, NY: McGraw Hill, 2009. Page 68 Cohen, Nevin, Green Cities: An A-to-Z Guide, NY: Routledge, 2011, p. 477 Layzer, Judith, The environmental case : Translating values into policy, Washington, D.C.: CQ Press. 2002 Mann et al, Cutting Edge Gardening in the Intermountain West, London: Sage Publications, 2007, Marks, Susan, Aqua shock: the water crisis in America, Burlington: Springer, 2009. Sturgeon, Stephen, The politics of western water : The congressional career of  wayne aspinall. Tucson: University of Arizona Press. UMI, Dissertation abstracts international: The sciences and engineering, London: Mcmillan Publishers, 2008, Wood, Warren, Water resources perspectives: evaluation, management and policy.  NY: Infobase Publishers, 2003p. 48 Wolch, Jennifer, Manuel Pastor, and Peter Dreier, eds. 2004. Up against the sprawl : Public policy and the making of southern california, eds. Jennifer Wolch, Manuel Pastor and Peter Dreier. Minneapolis: University of Minnesota Press, 2004. Winger, David, ed. Evidence of Care: The Xeriscape Maintenance Journal, 2002, Vol. 1, Colorado WaterWise Council, 2001. Footnotes 1 Winger, David, ed. Evidence of Care: The Xeriscape Maintenance Journal, 2002, Vol. 1, Colorado WaterWise Council, 2001. 2 Brenzel, Kathleen N., ed. Western Garden Book, 2001 Edition, Menlo Park: Sunset Publishing Corporation, 2001. 3 Sturgeon, Stephen, The politics of western water : The congressional career of wayne aspinall. Tucson: University of Arizona Press 4 W olch, Jennifer, Manuel Pastor, and Peter Dreier, eds. 2004. Up against the sprawl : Public policy and the making of southern california, eds. Jennifer Wolch, Manuel Pastor and Peter Dreier. Minneapolis: University of Minnesota Press, 2004. 5 Layzer, Judith, The environmental case : Translating values into policy, Washington, D.C.: CQ Press. 2002 6 Cohen, Nevin, Green Cities: An A-to-Z Guide, NY: Routledge, 2011, p. 477 7 Mann et al, Cutting Edge Gardening in the Intermountain West, London: Sage Publications, 2007 8 Mann et al, Cutting Edge Gardening in the Intermountain West, London: Sage Publications, 2007, 9 Cech, Thomas, Principles of water resources: history, development and management, NY: McGraw Hill, 2009. Page 68 10 Buras et al, Managing urban water supply, Berlin: Springer, 2003.p. 56 11 Wood, Warren, Water resources perspectives: evaluation, management and policy. NY: Infobase Publishers, 2003p. 48 12 UMI, Dissertation abstracts international: The sciences and engineering , London: Mcmillan Publishers, 2008, 13 Marks, Susan, Aqua shock: the water crisis in America, Burlington: Springer, 2009. 14 Mann et al, Cutting Edge Gardening in the Intermountain West, London: Sage Publications, 2007 15 Cohen, Nevin, Green Cities: An A-to-Z Guide, NY: Routledge, 2011, p. 477 16 Layzer, Judith, The environmental case : Translating values into policy, Washington, D.C.: CQ Press. 2002

Wednesday, February 19, 2020

Theories of Development Essay Example | Topics and Well Written Essays - 500 words

Theories of Development - Essay Example Jacques Derrida can be considered as the most influential person in relation to poststructuralist theory. The poststructuralist theory revolves around the concept of decentralization of language (Crain, 2005). According to poststructuralist theory, language has no center. It is without any center. Saussure looked at language as a structure but Derrida emphasized that all structures are required to have centers while language has no center. Derrida claims that there is no present moment (Crain, 2005). As soon as we talk about a present moment or think about it, it is already past. Poststructuralist can be related to deconstruction that considers that there is no fixed meaning (Escobar, 1995). Language is considered in the same frame. There is no central meaning for any word in language (Crain, 2005). According to Derrida, language is a free play of meaning (Crain, 2005). Poststructuralist theory challenges the existence of each and every thing in the world whether living or nonliving (Escobar, 1995). After analyzing the points discussed in poststructuralist theory, the theory seems most compelling as all the aspects raised in the theory are persuasive and influential. Not only one critic but many critics and theorists are involved in the evaluation of poststructuralist theory. Postcolonial and postmodern theories are also persuasive but as compared to poststructuralist theory, they appear somehow weak. Post-colonial theorists are unable to regard themselves as fully post-colonial (Escobar, 1995). According to them, they are still under the control of colonial powers. Postcolonial theorists regard nationality, language and regionalism as most important aspects that an individual should have (Crain, 2005). Like poststructuralist theory, postmodern theory is also a response to modern theory. This also deals with a set of perspectives related to society,

Tuesday, February 4, 2020

Data Acquisition and 3D Modelling Essay Example | Topics and Well Written Essays - 1500 words

Data Acquisition and 3D Modelling - Essay Example The triangulation method is used to infer the surface and their 3D nature in this method. It is known as stereoscopy because it uses two cameras. This is a computationally complex task but now a days it is carried out very successfully with the most modern and sophisticated equipments. This technique is good for apparent physical object reconstruction. The active form of stereoscopic methods use strong source of light to acquire 3D data of a physical object. Laser light source are used typically. It can only be employed for industrial usage with a provision of controlled environment. 3D or three dimensional modeling refers to the making of a real world object by making use of the actual geographical coordinates of the model. 3D modeling usually refers to the execution of 3D computer graphics by using 3D software. This specialized software functions by creating a set of points in 3Dimensional space. These points are connected together by various geometric shapes. These shapes may merely be a line, a dot, a triangle or a curved surface. There are four important methods upon which 3Dimensional models are created. Polygonal modeling. Three Dimensional models are often created as polygonal models that are textured. In Polygonal Modeling a 3D model is created by connected the points in a 3D space with a line segment. These dots or points are generally referred to as vertices when talked about with reference to space. An avid benefit of this modeling technique is that it can be structured and adapted very conveniently by a computer system. This is owing to the fact that Polygonal models are very flexible. A slight disadvantage that is associated with Polygonal modeling is that it cannot be sued to perfectly structure curves. Primitive modeling. By far, the simplest method of modeling a 3D object is 3D Modeling. This method makes use of pre-defined mathematical/geometric shapes such as cylinder, sphere, cube, cone etc. Using these basic geometrical

Monday, January 27, 2020

Organisational Culture of Etisalat

Organisational Culture of Etisalat Etisalat – Organizational Culture Executive Summary: The below discussion is a research into the organizational culture aspect of the company Etisalat. In this respect we could say that the discussion gives an idea of the concept of organizational culture and a company brief of Etisalat. Next the discussion reveals the organizational culture of the company Etisalat and explains the same and draws an alignment of organizational culture of the company with the Hofstede theory. Next the discussion discusses the positive aspects of the company culture. The conclusion draws one’s attention to the negative impact of the Etisalat organizational culture and finally the discussion ends with recommendations for better performance of the company in future Introduction: The aspect of organizational culture comprises a very important aspect of the management studies of the current times. In fact the feature of organizational culture also reveal a considerable portion of the organization work ambience and the strategic approaches that the company will be having in dealing the various situations. In other words the organizational culture represents the views, beliefs, values and the opinions of the members of the organization, both the employees and the management of the company. Etisalat or the Emirates telecommunications Corporations is the largest telecom company of the region. The company was initially a British company which was later bought out by the government of the nation of UAE and nearly 60% of the shares was retained by the government of the nation and the rest of the 40% of the shares were made available for the general masses. In the following discussion we will be illustrating certain aspects of the organizational culture of the company Etisalat – the global telecom giant, which has a organizational culture much hued by the inherent beliefs of the Islam society. Body of the Discussion: In this part of the discussion we will be looking at the various aspects of the organizational culture that prevails in the context of the company Etisalat. Etisalat Organizational Culture: The company Etisalat or the Emirates telecommunication Corporation was initially incepted to provide a world class telecommunication system to the UAE. However in the coming times the company did expand in the other parts of the Middle East and also parts of Asia. Currently the company is operating in nearly 18 countries all over the world and has a client base of more than 150 million users. In the course of its growth we see that the company has maintained a very employee oriented approach. One of the most initial and crucial aspect to which the management of the company has paid detailed attention is the development of its employees. The element of employee dynamism and its enhancement does comprise to be an essential feature of the company’s internal dynamics. Once again we see that the element of ethics again is a very important criterion for the company of Etisalat. As an essential feature of the organizational culture both the management and the employees of the company do have very positive attitude towards the feature of training and development. In this case we see that the management of the company do have a very positive and keen attitude towards training its employees so that they come up with better and innovative ideas in the future that would be elemental in the development of the company. Once again we see that the organizational culture of the company does reflect that the management of the company is quite forward looking and progressive in nature and is interested in an aggressive marketing endeavour as per which the company is making emergence in new companies and is also strengthening its position through acquisitions and mergers. Again the company culture seems to be pretty much in sync with the commercially progressive culture of the nation of the United Arab Emirates. Since we see that the company in its endeavour to enter new markets are also not hesitant to make some considerable investment into the genre of market and brand building. In addition to the same we see that the job responsibility of all the elements and the members of the company are treated with an equal amount of importance and significance. In this case we see that the managers and the team leads of the company do like to pay a close level of attention to the performance standards of all the team members. Favouritism is not fostered in the Company as the same could lead to some very serious consequences. In this connection one could explain that a collective performance stands as imperative as per the culture of the company. On the other hand we also observe that the company tries to rise above the gender bias that is but a marked feature of the United Arab Emirates society. We do observe that some of the senior and the significant positions are again chaired by the female employees of the firm and the firm also encourages a larger recruitment of the female candidates irrespective of the position. Truly in the current times as per the tides of globalization, the company has raised much above the Middle Eastern values and has rightfully become a global organization in terms of the organizational culture. Organizational Culture Theories: One of the very old and often used theories that is applied to explain the concept of Organizational Culture is that of the Hofstede theory. Hofstede in his theory of organizational culture has been pressing on the factor that different geographical regions and nations does contribute to the fabrication of the organizational culture. The element of organization culture does reflect the facet of mental programs and thinking patterns and the process of social actions. In this respect it needs to be said that element of organizational culture also does greatly depend on the facet of the ethics and the culture of the society and the nation as a whole in which the company is operational. In the scope of the theory we can see that Hofstede has reflected on certain facets that will help a company to have a progressive and forward looking organizational culture. In this case we see that the noted scholar did happen to press on the facts that the power distance or the distance between the several layers of the organization has to be minimized. Once again the company has to learn to avoid uncertainty that might arise in the future. The company culture has concentrate on both the elements of individualism as well as that of collectivism. The company must also rise above the facets of feminism and Masculinity and must also be having both Long term and Short term orientation. In this respect we can say that the organization Etisalat is quite in alignment with the belief and the theories of the concept that was propagated by Hofstede. To illustrate the same we can explain the following points: The element of power distance is kept in mind and is followed by the management of the company Etisalat. We see that within the company in order to get better and innovative ideas from the elements of the company from all the layers of the hierarchical system, consolidation and centralization of power is generally discouraged and an open and cordial forum is maintained as per which the various employees of the company can come up with various ideas and concepts. In terms of uncertainty avoidance we see that the company looks forward to try only those ideas and concepts that seem quite tangible and what the employees of the company pull through. The company again tries to serve and deliver results to both its employees as well as the customers alike. Once again in the case of collectivism and individualism we see that the company do maintain a fine balance as per which the performance of all the individual employees are kept in mind and that the performance of the teams are pondered upon which together balances collectivism and also individualism. Although the society of the nation UAE do have a bias towards the male elements of the society as per which we see that the best options in all the fields are kept aside for the males of the society, yet in the case of Etisalat we see that the company does give a fair chance to the female employees who are also working in some of the most significant positions of the company. From the last aspect we see that the in terms of the long term orientations the eastern countries are given a preference than the short term western countries. Positive and negative impacts: It has often been cited that the feature of organizational culture often plays a very important role in the development of the organization and also the various operational and strategic styles and patterns that the same incorporates. In this case we can hence conclude that the element of organizational culture has a prominent role in the success or the failure of the company. In fact the decisive decisions that the management often takes are quite regularly influenced by the organizational culture of the company. In the case of the company Etisalat we see that the situation is certainly no different. In this case we observe that the organizational culture has a number of positive impacts on the company. They are as follows: The organizational culture helps the employees of the company to come up with new ideas as a result of which we see that the company always has some new idea up its sleeve that the management tries out for the better performance of the company in the future. It also enhances the personal skills and the confidence of the company. The working ambience of the company turns out to be a rather positive one and we see that the company and its employees have a positive attitude that helps them proceed towards growth and success. Quintessentially we see that the organizational culture does have a strong influence on the agenda of the company going global. It could be said that the forward moving attitude of the company’s internal elements finally gave the Company and its management the impetus to move ahead and move into the foreign and the maiden markets of the other countries in the Middle East, Africa and now in Asia. Once again we also see that the company has a presence in the nations of the UK and the USA. We also see that the company other than the telecommunication industry also is operational in the other industries such as the internet industry and the industry of voice trafficking. This diversification which is again an important element in the current times of stiff competition is a product of the organizational culture that has given rise to innovative ideas. The company again has made some very unique contributions to the up gradation of the female employees and has given career options to several woman of the nation. This has also helped the image of the company on the global scenario. Conclusion: On a concluding note it could be said that the element of organizational culture does play a very important role in the development and the growth of a country. This is one aspect that has been made evident from the case of the Company Emirates telecommunication Corporation or the brand Etisalat. However we can say that the organizational culture of the company has led the company to rest a comparatively low emphasis on the marketing of its products in the western world such as the US and the European markets. However these markets could prove to be rather important to the profit and the interest of the company in the longer run. In this case we see that the company could might as well think of options and plans that will help the firm to get a proper and strong introduction in the western market. Recommendation: The company in its endeavour to get an introduction in the western market could look forward to come up with aggressive marketing endeavours so that the company could have a noted and a marked entry into the markets of the UK and the US. Once again the company since is already quite a big name in the Middle East and the African region could start by giving some rebates or introductory offers on its connections. Moreover we also see that the company is operational in just the communication or the service part of the business, with a passing phase the company could also get into the business of manufacturing handsets that could also be introduced to the markets in different parts of the globe.

Sunday, January 19, 2020

Legal Research Essay

a) Moore v. Richardson, 332 Ark. 255 (1998). Ms. Moore and Mr. Richardson divorced and Ms. Moore was granted custody of their minor daughter. Mr. Richardson was required to pay child support accordingly and have visitation rights. The case is good law. It is binding to Arkansas court. Clearly, Arkansas court made the final judgment about the custody of the child and visitation by the father. b) Glanding v. Industrial Trust Co., 45 A.2d 553 (1945). The Court of Chancery is not given the jurisdiction to award penalties on government cost recovery cases as it is of limited jurisdiction. Therefore its laws are not mandatory as it can be honored by The Supreme Court who will make the decision. Therefore any cost recovery action is not available at equity. Similarly, private cost recovery actions should be addressed at the Superior Court. c) People v. Jackson, 150 Cal. App. 3d Supp. 1 (Cal. App. Dep’t Super. Ct. 1983). The case is mandatory. The required proceeding should be brought forth during the trial and appellate processes. A party has a right to appeal and the courts have the obligation of giving the party permission to change facts during the appeal as long as there is reasonable evidence and facts. Infringement of personal should not occur and statements should be made depending on standard of evidence. However a party is not to change theories in the trial and appeal court. d)Landers v. Staten Island R. Co., 53 N.Y. 450 (1873). Criminal jurisdiction and civil jurisdiction brings about the protective jurisdiction of courts. They necessitate the occasions for instituting the proceedings. Further criminal and civil jurisdiction therefore implies with  respect to the mature of the subject matter and civil or criminal mature of the actions. Such an action therefore does not aim in the creation of another authority. Territorial aspects may come in hand, however the nature of the action determines the jurisdiction the case will be handled. It merely extends the limits of the particular jurisdiction. It is therefore not mandatory. e) Merriman v. Crompton Corp., 282 Kan. 433; 146 P.3d 162 (2006). There are certain analyses that can be determined depending if a court has jurisdiction over a defendant. A person can be submitted to a particular jurisdiction if the person is a citizen or not and depending on whether he/she committed a criminal act in that jurisdiction or whether he/she was transacting any business in that state.

Friday, January 10, 2020

Staycations vs Vacations

Staycations vs. Vacations In the past few years, staycations have become the most popular alternative to vacation traveling. Staying at home for the holidays is usually less expensive, safer and easier. So, it is no surprise to why back-porch vacations and poolside holidays are becoming the new trend for many middle-class Americans, especially in light of the recent state of our economy. However, there are some very specific reasons why traveling is a better alternative to staycations despite the cost and possible inconveniences.When considering staycation or vacation, one must consider the opportunity to experience heightened senses, life changing events, and meeting new people while traveling. First of all, traveling involves experiencing places with one’s own senses: seeing, touching, hearing and smelling the new, unusual and unique environments of places that people visit while on vacation. If someone described a new ice-cream flavor using a hundred words, but instead one could choose to simply taste it, most would prefer the actual experience. It is the same concept with traveling.Unlike watching Discovery Channel or National Geographic, reading about exotic places, and watching even the most exciting and fun podcasts about traveling, actually visiting the place is a much more powerful experience. In addition, one gets to form their own opinion about what was seen instead of just watching it through the eyes of a television director or through the lens of a photographer. Secondly, traveling is possibly one of the best sources of inspiration one could think of. Even if someone has been to the same place a few times, the next visit can leave impressions which are very different.One may have a new feeling or a fresh hint, since the weather, one’s mood and the people will almost always be different. An impression of a place can change drastically or just become fuller and mor fulfilling. Traveling always brings new discoveries, whether they are d iscoveries of the outer worlds externally or discoveries within one’s self. Traveling can be the best cure for depression, the feeling of inner confusion and fears for what the future may bring and which direction life is heading. Sometimes, a vacation to a new place or a place one knows very little about can do more than just broaden knowledge and inspire new emotions.It can change one’s whole life perspective and cause a complete review and revision of life values. So, it’s no wonder that people return from vacations completely changed and never go back to their old lifestyles. Finally, traveling means meeting new people. Unlike staycations, which normally revolve around the same group of people and friends, traveling brings together different people from various cultures and backgrounds. Traveling is always a chance to get to know others better and to learn to adjust to new traditions and other lifestyles.While on the road, people can meet others that they wo uld never get a chance to meet if they had stayed within their comfort zone, at home or with a group of people they have known for ages. Traveling is always a chance to make new friends and change the cycle of the everyday routine that people have gotten trapped in over the years. All in all, there is always a place for discussion of whether traveling is worth the money that will get spent on it or is it simply better to save up, spend a vacation at home and stay within one’s comfort zone.Traveling may seem like a challenge; it needs a great deal of planning, a budget, and a certain level of enthusiasm and willingness to welcome new challenges. If there is an overwhelming desire to see a place far away, people should not let the fears or perceived limitations stand in the way. Having once traveled, it will never again be a question whether to spend your vacation at home or travel, staycations will simply not be an option . ——————†”—————————- Top of Form

Thursday, January 2, 2020

Understand and Meet the Nutrition Requirements of...

1.1 Describe how cognitive, functional and emotional changes associated with dementia can affect eating, drinking and nutrition? Cognitive: depending on the type of dementia a person has they may have trouble in recognising the food in front of them or not understand that the food provided is for them, they may even view the food in front of them as food. This can be caused by their minds not recognising what is in front of them. Functional: depending on the type of dementia a person has they may struggle to use their knife, fork and spoon, they may even struggle to chew or swallow. This can be caused by the mind forgetting how to do something, or making that task become more difficult to perform. Emotional: depending on the type of†¦show more content†¦Some people have curtain dietary requirements such as being vegetarian or vegan, some religions require you not to eat pork or only eating meet if it’s halal. Even though the individual has dementia they still have these beliefs and it is important to respect that person’s beliefs and choice. 1.5 Explain why it is important to include a variety of food and drink in the diet of an individual with dementia? A balanced diet is important to people with dementia because if they do not have a nutritional diet then it can worsen their condition. Weight loss, nutritional deficiencies and inadequate fluid intake can all have a negative effect on a person’s dementia. It is the care assistances job to make sure that the individuals get the correct diet they each need. 2.1 describe how mealtime cultures and environments can be a barrier to meeting the nutritional needs of an individual with dementia? In some cultures, people have strict meal time and meal size restrictions. People who are of Muslim religion fast once a year where they cannot eat when the sun is up, but for someone with Dementia they may think they are fasting when they don’t need to, so end up refusing all meals offered and provided to them. Another example would be that someone with dementia may not see or understand why they have to eat in a particular way, for example, starter, main, dessert. For someone with dementia,Show MoreRelatedNutritional Requirements of Individuals with Dementia Essay1169 Words   |  5 PagesUnderstand and meet the nutritional requirements of individuals with dementia. Outcome 1 1) describe how cognitive, functional and emotional changes with dementia can affect eating, drinking and nutrition. 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