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Monday, September 30, 2019

Grandparents Essay Essay

The bond between grandparents and their grandchildren is one that can never be broken and will always be cherished forever. They basically set up a bond as a parent would. They take care of them while their parents are at work, provide financial support, and providing much needed emotional support to make sure the children get the best childhood without stressing out which is bad for the brain and development. The presence of a grandparent helps stable a child throughout childhood and infancy giving that child support while the parents are not there. Research believes that an integration of the evolutionary, sociological, and economic accounts will be necessary to fully explain the impact grandparents have in their grandchildren’s development. Once the children have been exposed to the love and caring of grandparents they begin to treat them with isolation to help control what is to come with dealing with attachment. They are beginning to conduct disciplines to determine what it is grandparents do to prompt the development of their grandchildren.

Sunday, September 29, 2019

Glory Movie Essay

Glory is both an awe inspiring and heart wrenching movie about the first all black volunteer company to fight in the civil war. The movie starts off with Col. Robert Gould Shaw leading a company of soldiers in Antietam which suffers heavy losses. Soon he is promoted to Colonel and given command to the 54th Massachusetts volunteer infantry; the first all black regiment. The first volunteer to sign up is an educated black man named Thomas Searles who is also Shaws friend. Many more men join the regiment including an escaped slave named Trip, a free black man named Jupiter Sharts, as well as the gravedigger Rawlins. After realizing the regiment in never going to be more than anything but manual labor, Colonel Shaw confronts his superiors and demands to be transferred to somewhere where they will see some fighting or else he will report him to the War Department for suspicious business. Shaws request is granted and is transferred to South Carolina where they successfully fight off a group of confederates. This movie was a huge hit. Released in 1989, it won a total of 16 awards including 3 Oscars and god nominated for 12 more awards. The Director Edward is well-known for his heroic movies that include Glory (1989), and the breathtaking works of art that include Legends of the Fall (1994) as well as modern hits such as Love and other Drugs (2010) and Defiance (20080. Zwick has also been known for his thoughtfulness as a director, and for his record of working with television series and other films as a producer. The movie itself was destined for greatness with huge Hollywood names such as Denzel Washington who played Trip and Morgan Freeman who played John Rawlins also great supporting actors like Matthew Broderick who played Colonel Shaw and Andre Braugher to play Thomas Searles. The movie budget was 18,000,000 and grossed a total of 26,830,000. In my own rating system 5 being the best and 1 being the lowest the movie got a 4. The movie deserved every award it got. There were amazing battle scenes as well as some very emotional scenes as well. Denzel Washington was an amazing actor, the scene where he was getting whipped for deserting (which we later find out was to find shoes) while the colonel was watching was one of the most heart wrenching scenes in the movie. As well as great acting the story never skips a beat. There’s never a dull moment. The movie had a clear plot and you could easily understand why something was happening. The movie gave a realistic view of how hard things were for African Americans were and their hunger to fight for what they believe is right. The historical accuracy of Glory is pretty questionable. It does a good job addressing the hardships and discrimination the 54th did go through. However like all Hollywood history movies it does have its rights and wrongs. Most of the volunteers in the movie were depicted as fugitive slaves when in reality they were free men in Massachusetts. Of the major characters in the movie’s version of the regiment, only Robert Gould Shaw was a real person. The rest are made up characters. The name of Shaw’s executive officer (Cabot Forbes) is a combination of the first name from one of the real Shaw’s friends and the last name of another. Colonel Shaw was a married man yet in the movie it wasn’t shown. Though it may not have been a big point in history it was a big part of Colonel Shaw’s personal life. At the end of the movie it states that â€Å"over half† of the regiment was lost during the assault on Fort Wagner. However, official records state that the 54th sustained 272 casualties, which is closer to 40%. Of these casualties, only 116 were fatalities, just under one fifth of the men to storm the fort, however if you include the 156 that were captured it would bring your total to over half. Most aspects of the movie however are true. When the black soldiers refused pay due to discrimination Colonel Shaw did refuse his pay as well. Against all expectations the 54th rose above that and proved them wrong. They proved their valor and honor throughout several battles during the war. There was a memorial made to Colonel Shaw and his 54th and thus solidifying their regiment as one of the most influential and memorable of all time. Bibliography * Glory. Dir. Edward Zwick. Perf. Matthew Broderick, Denzel Washington, Morgan Freeman. TriStar Pictures, 1989. * â€Å"Glory.† IMDb. IMDb.com. Web. 8 Jan. 2013. . * â€Å"The 54th Massachusetts Regiment in Myth, Memory, and History.† Civil War Memory RSS. N.p., n.d. Web. 09 Jan. 2013 * â€Å"Museum of African American History, Boston – Black Heritage Trail Site 1.† Museum of African American History, Boston – Black Heritage Trail Site 1. N.p., n.d. Web. 09 Jan. 2013.

Saturday, September 28, 2019

Company Law legislation Essay Example | Topics and Well Written Essays - 3000 words

Company Law legislation - Essay Example 'A contract which purports to be made by or on behalf of a company at a time when the company has not been formed has effect, subject to any agreement to the contrary, as one made with the person purporting to act for the company or as agent for it, and he is personally liable on the contract accordingly.' The UK legislation provides that promoters are personally liable on pre-incorporation contracts, a reform of the common law position which made liability of the promoter dependent on the manner in which the contract was signed. (Mrs. Janet E. Morgan)2 As the company Beta Limited was not in existence, at the time the lease contract was entered into whether Sam being the promoter is liable on the contract depends on the capacity in which he purported to sign the lease contract. Since the contract was signed by Sam as promoter using the wordings "on behalf of Beta Ltd", it can be assumed that he signed the contract in his personal capacity and hence, he becomes personally liable, under the contract for any consequences. This position was confirmed by the court in the case of Phonogram Limited v Lane3 The position would be different if he has signed as "Beta Limited per Sam" then it amount to his signing on behalf of the company. In this case he will not be liable as he has signed on behalf of a company which does not exist. Liability of Beta Limited: Since the contract was signed by Sam using the words 'on behalf of Beta Ltd' the company does not become liable on the lease agreement as was decided in the case of Phonogram Limited v Lane However since the company has continued to pay the lease rent after occupying the premises it amounts to ratification of the action of Sam in leasing the premises on behalf of the Beta Limited entered into prior to incorporation. At the point when Gamma limited wants Beta Limited to quit it cannot pass on any liability arising there from to Sam under the plea that the contract is entered into prior to incorporation. Another example to illustrate this case is the decision In Newborne v Sensolid (GB) Ltd4 Here a contract was entered by the plaintiff company with the contract signed as Leopold the promoter as "Yours faithfully, Leopold Newborne (London) Ltd". The court held that neither the company nor the promoter could compel the defendant to enforce the contract as the contract was neither purported to be signed by the company nor the promoter. Yet another case that proves the invalidity of the contract if the company was not in existence at the time the contract was entered into can be seen in the case of Cotronic (UK) Ltd v Dezonie5 where Dezonie signed a contract for and on behalf of his company and unknown to him the company was struck off the register about years earlier. On knowing this that the company was no more in existence, Denzonie registered another company in the same name and tried to interpret s. 36c to his advantage. The court held that s. 36c would not be applicable as the case was relating to a company that had been formed many years before. The decision of the court in the case of Oshkosh B'Gosh v Dan Marble Inc and Another6 is also

Friday, September 27, 2019

The Coca-Cola Company Research Paper Example | Topics and Well Written Essays - 1250 words

The Coca-Cola Company - Research Paper Example We will be looking at several types of financial ratios available in assessing the financial position of The Coca-Cola Company: Liquidity Ratios, Asset Management Ratios, Profitability Ratios and Gearing Ratios. The quantitative findings in this segment can be found in the Appendix section of this report. The results show that The Coca-Cola Company has a good Liquidity Ratio. The company’s Current Ratio is 1.12 (0.95 in Q1 2008) and its Quick Ratio is 0.94 (0.80 in Q1 2008). This means that The Coca-Cola Company is still able to generate enough cash to settle its short-term liabilities. There has been a slight improvement in its Liquidity Ratio compared with the previous quarter. As a guide, a current ratio of 2 is ideal. However, in the company’s case, 46% of its Current Assets (42% in Q1 2008) are made up of cash and cash equivalents. At a glance, the company’s assets are being managed efficiently. Its Inventory Turnover is 1.13 (1.07 in Q1 2008), which shows t hat company is trading better. Its inventories declined by 6% in the first quarter of 2009 whereas its sales increased by 3% in the same quarter of 2008. Nevertheless, the company should take note that over increasing its inventories may adversely affect its business performance. This is because costs associated with holding inventories for too long can be very expensive. As such, managing its inventories well is recommended. There is a slight improvement in the Average Collection Days of 39 (43 Days in Q1 2008). Although the company is able to meet its short-term liabilities; it should still make an effort to improve the collection of its debts. The credit term given to its customers is not stated; however, as a guideline, 30 days is recommended. In this case, the company’s customers are enjoying slightly more than the normal credit terms and this should be monitored.

Thursday, September 26, 2019

Final Assignment in Special POP Example | Topics and Well Written Essays - 500 words

Final in Special POP - Assignment Example As a result, they are now in a better position to teach children and emphasize on their roles as educators. Educators acknowledge the role to public education, and how it helps children. Hence, as educators they work on employing strategies that help in guiding and facilitating the support of children towards their desired outcomes for learning. In addition, by recognizing that children have a right to free and appropriate education, the educators are in a better position to know how and why they have to teach (Banta & Palomba, 2014). They also have an easier time when identifying how children’s content for learning is child-initiated. There are main challenges that campus leaders face. Even when the students most campuses as are adults their views always differ. For campus leaders who are new in the faculty, they address any problems that they have without hesitation. Nonetheless, those members who are not new have a problem. For example, in cases where there are cheating scandals such as the one in an El Paso school, the problems outlined might have posed a lot of challenges for those who were in charge. Problems addressed earlier by a faculty member or campus leaders enables them to gain the confidence determined to run schools. Schools with limited availability of resources also tend to differ a lot. For campus leaders, they have to determine whether the teaching styles of teachers get budgeted under the available school funds. Educators who are aware of the budgeted resources in a school are in a better position to detect when there are problems with the education system, such as having students who disappear from classrooms such as the â€Å"Los Desaparecidos† (Fernandez, 2012). In such cases, campus leaders provide the teaching support which is usually in form of grants or equipment. Campus leaders also have the task of empowering the faculty leadership to take a step forward such as when encouraging low performing students. Instead

Wednesday, September 25, 2019

Gerry Mulligan Research Paper Example | Topics and Well Written Essays - 2250 words

Gerry Mulligan - Research Paper Example His pianoless quartet performance with a famous trumpeter named Chet Baker in the 1950s has been appreciated of being one of his brilliant works ever. Other than being an impressive saxophonist, he was a brilliant pianist as well. Early life According to Mulligan, there were two things that helped him pursue such a successful career; a vision and a massive amount of guts. Both these things had a major contribution in impressing Warrington, a bandleader, and convinced him to believe that Mulligan had the potential to excel well in the field of music. He therefore, not only bought him arrangements but also gave him both critical yet productive criticism regarding his career. Following that, Mulligan organized for two bands that were led by important people like Tommy Tucker and Elliot Lawrence. Since Mulligan had three brothers and hence, a large family for his mother to look after, his mother chose to employ Lily Rose as their nanny. Lily Rose was African – American and very fo nd of playing the piano. She was the one who instigated Mulligan’s love for music when he used to spend time with her watching her play. Also, while staying at Rose’s place, he got the chance to meet a lot many black musicians who used to stay at her place when in town since the motels would not accommodate them in those days. In his early life, his family moved around a lot all over the country with stops made in the following order; southern New Jersey and Chicago, followed by Illinois, Kalamazoo and lastly, Michigan. It was sometime in 1940s that he first played in a concert. This concert was held at Philadelphia’s Music Academy, where he was accompanied by Sarah Vaughan, Dizzy Gillespie and Charlie Parker, all of whom turned out to brilliant musicians later on. Among these, Mulligan became closes to Parker since he not only encouraged him well on his first performance but also helped him recover a lost tenor which he was afraid that he had lost and also invi ted him to attend jam sessions with him. Mulligan officially started playing for orchestras at the age of nineteen. These were for people called Gene Krupa and Claude Thornhill. It was at this point also that he started correlating his music skills with important musicians from the past such as John Lewis and George Russell and made himself capable of touching new boundaries. Rise to fame When Mulligan first came to New York, he was clearly astonished of the originality the city offered. But he soon realized that even the best musicians had to strive to make a living in that city. So it was in 1951 that he moved to the west in the pursuit of better chances, playing his music all along the way as he traveled through the country. In the same year, he created his first ever piano less quartet that later and still has had a massive amount of impact for many jazz musicians that have followed him which includes bands like Art Farmers and Zoot Sims. He also formed a band of four which was successful in gaining much popularity in terms of Jazz music all along the west coast. Duke Ellington was Mulligan’s favorite composer and that is exactly why he often paired up with him for tours. They both shared a chemistry so strong that every time they went on stage, they performed wonders. Ellington was the same person who composed one of Mulligan’s most famous works called the ‘Prima Bara Dubla’ (Klinkowitz 65).A predicament that Mulligan faced during his musical

Tuesday, September 24, 2019

How representative is the House of Commons in terms of gender and Essay

How representative is the House of Commons in terms of gender and ethnicity - Essay Example A conclusion with some recommendations on how the issue can be addressed is also given. Introduction The Great Britain has two houses of legislature; the House of Commons and the House of Lords. The House of Commons is the lower house in the British Parliament. The House comprises elected members of Parliament, who represent the interests of the constituencies they are elected from. The House of Commons wields an immense power on the control of the government, since it is the one responsible for making legislations, while the upper house, the House of Lords, has an oversight role over the House of Commons, without any powers to reject the legislations done by the lower house, but only to delay such actions (History Learning Site, 2013 n.p.). Thus the government with the prime minister is highly dependent on the cooperation with the House of Commons, to execute its mandates (History Learning Site, 2013 n.p.). Despite all the attempts that have been made to have the House of Commons th at is representative of the minority, ethnic and gender balance, the situation has not completely borne fruits. By 2009, the House of Lords was found to be more representative of the social diversity in the British society, having reasonable numbers of women and ethnic minorities, compared to the House of Commons (Philips, 2009 n.p.). The number of ethnic minorities in the British House of Commons by the year 2009 was a meager 15, which is however a notable improvement from the previous periods, where the representation for women and the ethnic minority was significantly less (Philips, 2009 n.p). Therefore, based on this trend, it is prudent to conclude that the House of Commons is not representative of the gender and ethnic minorities. However, there is a great hope that the situation will keep improving with time, to generate a House of Common with a social make-up, which is highly diversified and representative of gender balance and ethnic equality. Because it is not possible tha t each member of the society can voice their needs to the government, democracy supports such modes of representation where the members of the House of Commons act as a bridge between the citizens and the government (History Learning Site, 2013 n.p.). Such members are able to speak on behalf of the people through debates and passing of bills on the floor of the House, to address their concerns and make their voice be heard, through voting for or against the bills. The British law requires that the Parliament represents the interest of the people, both demographically and geographically. While geographic representation refers to the representation of the people based on the designated parliamentary constituencies, the demographic representation focuses on the different social groups. These groups may include the ethnic minorities and the females, which have always got lesser representations in the Parliament (History Learning Site, 2013 n.p.). Nevertheless, considering the fact that the House of Commons comprises 647 members, only 143 women and only 27 members from ethnic minorities were elected to the Parliament in the 2010 general elections (History Learning Site, 2013 n.p.), then, there is no doubt that the House of

Monday, September 23, 2019

Introduction Movie Review Example | Topics and Well Written Essays - 250 words

Introduction - Movie Review Example In the early history of the United States, there was the Second Great Awakening, Frontier Protestantism that lasted about 50 years. When church goers â€Å"felt the spirit of God† within them, they expressed this feeling by running, barking, laughing, singing, and whatever other manner seemed to represent their emotions. This was called â€Å"falling out† or being â€Å"slain in spirit.† The film also mentioned that many smaller, radical religious groups had gained confidence from this new Protestant growth. It carried certain traits that they felt defined their own beliefs. Their energy and freedom to express hopes and frustrations freely was one. Another trait was that many different groups, some being opposites, could still find guidance and hope through the Bible’s message. Slaves and also landowners found representation of their own situation. This gives the impression that the Bible contradicts itself, a claim that some believe to be true. A serious study of the scriptures will prove that God’s message has been consistent throughout the history of mankind, from Genesis to Revelation. Finally in South Korea, Korean Pentecostalism preaches the â€Å"prosperity gospel†. If one gives an offering, they are guaranteed success. To his credit, one Korean minister revealed that the â€Å"true† success lies in applying the will of God in your life and reaping the rewards of a clean conscience. In the end, followers of Protestant faiths do not seem to be united in their beliefs. It is inherent in the denomination that a person can choose for himself the way to worship God. That also attests to the rapid growth and popularity of Protestant faiths, that people want to interpret God’s word for themselves, not necessarily to find out what God wants from

Sunday, September 22, 2019

Managing a Banks Sources and Uses of Funds Essay

Managing a Banks Sources and Uses of Funds - Essay Example The essay "Managing a Bank’s Sources and Uses of Funds" provides an overview of the principal types of deposits offered by TD Bank. Direct deposits offered by TD Bank enable the account holder to avail the designated salary amounts payable through salary checks or social security checks without having to wait for the checks to clear. Funds are made available to the account holder on the designated date. Remote deposits are yet another product offered by the TD Bank. This enables the account holders to deposit their checks from their office by scanning the check and sending the image to the bank. The bank captures the image and the funds are available to the account holder on the very next business day. It has been voted as one of the best national banks that offers its customers high-quality services and convenience in banking through odd hours. The Bank offers competitive rates of interest on its deposits. The bank’s interest rates on savings accounts and other deposit accounts are much higher than other banks. The bank offers its customers a number of value-added benefits that include a waiver on charges on access to online statements for 7 years, free online banking, free bill pay services, access to mobile banking with free mobile deposits, and waiver on purchase fees for a gift card. The non-deposit liabilities of the TD Bank include mortgages, capital notes, and debentures. The interest earned from these products is much higher when compared to the market rates offered by other financial institutions.

Saturday, September 21, 2019

Public Transport Essay Example for Free

Public Transport Essay Public transport can be define as a system of vehicles such as buses and trains, which operate at regular times on fixed routes and are used by the public. In Malaysia, the number of vehicle on the road has been increase in every year. It shows that the public now is affordable to have at least a motorcycle as their daily transport rather than use the public transport. The public should not use the public transport because the risk of being the criminal victim will increase the people need to wait a long time for the public transport and the public cannot have comfort in their journey to their destination. Firstly, the disadvantages of using public transport are the risk of being the criminal victim is high .Many criminal case is being reported is causes when the public using this kind of transport. Raped and snatch crime is the most common cases that causes by the public transport. As example, when a woman used the public transport such as bus lonely, she will sit beside someone that she does not know the background, behavior or its intention to her. It is also dangerous when a person in a crowded train, many people around her will take advantage to snatch her wallet unconsciously. In addition, when using the public transport, people cannot have a comfortable journey to their destination. Some of the public transport such as bus is usually dirty and smelly. It will make the passenger uncomfortable due to that condition instead they using their own car .Beside that, when there is too much passenger in a train or bus , it is impossible to have a seat although they pay same fare as well as other people. Some special people such as disabled person and old folks may be treated bad when they are in the public transport. Moreover, the disadvantages of using public transport are the people need to wait for a long time to have a bus or train. People will waste their time during they waiting for the public transport instead they used their own transport to go whenever they desired anytime. As example, when a person is having an emergency such as death in the family while he using a public transport, it will be take a long time for him to reach his destination on the time. However, there is an advantage when using the public transport in which it will prevent the environment from pollution such as air or land. Furthermore, when using the public transport, the traffic jam in a city also can be reduce at the same time because the causes of the traffic jam is when there is too much vehicle entering the city. When there is too much vehicle, the percentage or risk of an accident to occur is also high. As the conclusion, the usage of public transport is more contribute to the disadvantages to us. People should emphasize and realize that when they using the public transport ,risk of being the criminal victim will increased , the people need to wait a long time for the public transport and the public cannot have comfort in their journey to their destination.

Friday, September 20, 2019

Introduction Of Decision Making And Creativity Business Essay

Introduction Of Decision Making And Creativity Business Essay Decisions are the options made from two or more alternatives. McShane and Von Glinow (2010) defined that Decision making is a process of making choices among one or more alternatives with the intention of moving toward some desired state of affairs. Effective decision making involves identifying, selecting and applying the best alternatives. People need to use all available resources to predict the outcome of each option and based on the outcome to choose the best alternatives for the particular situation. In the real world, people usually do not follow the rational model to make decision because there are many undefined problem and ambiguous alternatives. For example, people usually simply find an acceptable solution to solve the problem rather than find the most suitable one. Hence, some decision makers probably make decision based on bounded rationality, emotion and intuition. Framing and heuristics are the judgments shortcuts that people used to simplify the decisions. Anchoring and adjustment, availability and representative are the three types of heuristics. People can make choices more effectively by systematically assessing alternatives. Scenario planning is a method that used to forecast possible future. Scenario planning can helps to make the best future decisions before they occur. Furthermore, people can evaluate decisions in an effective way such as find systematic sources, establish a present level to abandon the project, minimize escalation of commitment and involve several people in the decision evaluation process. In addition, some leaders or company also involve their employees in decision making. Leaders and company have limited ideas or knowledge to make the best decision. Thus, they need to rely on employees to solve the problem in a more effective way as employees may have more innovative and multiple alternatives. Improvements on decision quality, defining problem more quickly, better solutions generated are the benefits of employee involvement. McShane and Von Glinow (2010) defined that Creativity is the development of original ideas that make a socially recognized contribution. Creativity also is the process of creating unique ideas or products that are useful to the organizations. Creativity allows and encourages people to think out of the box, which produce innovative and unique ideas for a particular task. Preparation, incubation, insight and verification are the phases of the creative process. Preparation means studying the information and skills that related to the problem. Incubation assists divergent thinking which means reframing the problem in a distinctive way and creates different approaches to the problem. Insight refers to the ideas in a vague form. The idea is worked into a realistic form in the verification phases. Organizational factors such as freedom, resources, learning orientation, organizational support and more will affect the creativity ideas. It is also means that a comfortable and supportive work environment will helps the employees to improve and produce creative and unique ideas. Besides, redefine problem, associative play and cross pollination are the activities that use to encourage creativity. Lastly, creativity in decision making can be said that looking for the novel and unique ideas which the elements in the ideas are previously unseen. Background of NIKE, Inc. NIKE, Inc. is the world leader in athletic apparel, footwear, equipment and accessories. To bring inspiration and innovation to every athlete in the world is the mission of Nike. Converse, Inc., Nike Golf, Hurley International, LLC and Cole Haan are Nikes wholly owned subsidiaries. (NIKE, Inc., 2011) Bill Bowerman and Phil Knight have met each other in 1957. In 1962, both of them have become partner and form Blue Ribbon Sports. They pledged $1000 and place order of 300 pairs of shoes in 1964. The first Blue Ribbon Sports retail store opened in Santa Monica, California in 1966. Bowerman and Knight have design and manufacture their own brands of athletic shoes. In 1972, the new Nike line of footwear was introduced and Field Trials were held in Eugene, Oregon. Blue Ribbon Sports was later changed to NIKE, Inc. in 1978. Nike Air Technology in Tailwind running shoes was born in 1979. In 1980, Nike becomes a publicly traded company. Nike had lost their position as industry leader in the middle of 1980. In 1987, Nike designed to regain the industry leader by using marketing and advertising campaign and differentiate Nike from its competitors. Nike build reputation by create inspiring ads with Just Do It as slogan in 1988. In 1990 to 1999, Nike had signed several individual players and national teams around the world and began to design footwear and apparel for golf and soccer. Now, Nike has continued to expand its business to China and become the official sponsor of the National Football League (NFL). 2.0 Content Decision making is a process of selecting from one or more alternatives with the purpose of moving toward some desired state of affairs. Moreover, decision making is a process that decision maker need to make choice from the available option or alternatives in order to achieve the organization goal or to arrive at a solution for a given problem. Decision plays an important role in the organization. If the decision maker does the wrong decision, it will influence the company productivity and profit. Therefore, the decision maker needs to do the rational choice decision. And decision maker can follow the rational choice decision process and do the right decision. First step is identifying the problem or opportunity. Decision maker needs to identify the problem or opportunity before do any decision. Problem is the gap between what is and what have to be. For example, there is a labor practices problem occurred in Nike as stated in Nike first Corporate Responsibility Report, after Nike identify and evaluate its problem and then they came up with ways to resolve the problem. Nike decided to increase training for both managers and employees in order to improve the productivity, reduce labor turnover and less sick leave. The decision made involved all level of the organization where the top management make the decision and the subo rdinates need to collaborate to achieve the companys goal. However the possible disadvantage of Nike to increase training for their current employees is that it can become very stressful to their employee. When an employee is stressed, their job performance goes down. Over-training in the workplace can be a waste of valuable resources such as training materials, hire or promote individuals to train their employees, and also need to pay for both the trainers and the trainees. During the extensive training sessions, employees may become bored and lose interest in what they are learning. Once an employee loses interest, much of the information being taught will not be retained and this will waste the employee time (Robertson). According to NIKE, Inc. (2011), Poor conceived overtime and sick leave policies can reduce employees work performance. If Nike does not regulate contracted overseas factories with overtime levels that are both required by local labor and health authorities, it can attract complaints from human rights organization as well as causing undue health problems to employees which can affect their work performance (Answers.com, 2012). Sick leave is a form of employment benefit in the form of paid time off for illness. However, Nike intends to increase productivity by initiating an Attendance incentives policy which encourage employees to attend for work but this may send the wrong message to the employees that attending to work even while they are sick would earn them credits. This can cause an employee to feel pressured to if they want to take sick leave even when they are seriously ill, which could result in significant health damage and increased health care costs for the company (Smith, 2013). Second step is choosing the best decision process. Decision process include programmed and non-programmed. Programmed is a decision that made in routine, repetitive, frequent decision and highly structured environment. In this decision making, they allow to set up a rule, policies and procedure to follow. In this decision making, they can follow standard operating procedures because of the highly structured environment. For example, to improve daily productivity, Nike has implemented lean manufacturing which is the foundation of how Nike enhances sustainable manufacturing. Lean manufacturing is a system and continuous enhancement that target to deliver the highest quality product while reducing waste. Lean manufacturing can empower workers and teams. A significant increase in satisfaction of workers in factories is found after lean manufacturing is implemented. The problem facing by Nike when implemented lean manufacturing is hard to get support from their employees to follow and take orders. This can sometimes be difficult to attain as some employees who is resistive to changes. Lean manufacturing system requires a complete overhaul of manufacturing systems that may cause personality clashes, stress and refusal by employees who prefer old ways of doing things especially the older employees. Thus, it possibly will cause conflict among others in the work group. Lean manufacturing training is a constant ongoing process, and when first starting out it will takes a lot of time and effort on everyones part (Manufacturing Info, 2010). The time investment required to implement lean manufacturing system throughout Nike is one of the drawback. Successful implementation requires the participation and support from employees throughout the company to guarantee that the cells integrate well with one another (Deiterich, 2013). Due to lean manufacturing system are dependent on supplier efficiency, any interruption in the supply chain on production can be a problem that negatively affects customers. Delays in delivery can cause long-lasting marketing problems that hard to overcome and may cause problem of customer dissatisfaction (Wood, 2013). On the other hand, non-programmed decision is unique decision that requires a custom made solution. In this decision making, they mostly deal with unstructured environment and incomplete information. This decision making cannot set up a rule, policies and procedure to follow because this decision making is infrequent decision and unstructured environment. To solve the non-programmed situation, Nike have spent more than 15 years to deal with the contract factories on the issues of worker rights and protections, wages, living conditions for workers and the environmental impacts of manufacturing processes. Nike is setting high expectations for workers, providing training and tools to help factories to meet those expectations and accessing their performance. This approach able to create baseline standards, improved oversight and helped factories to move beyond compliance. In this case, certain issues continue to arise. Issues such as overtime, working hours and associated wages have made up the majority of violations found by audits of apparel, footwear and equipment factories. Nike spends a lot of time and resources to deal with these types of issues in the factories that are poor performing, while having less time to engage with the factories that are high performance. Therefore, Nike have evolved their approach to build relationships with contract factories and developed a new manufacturing vision (NIKE, Inc., 2011). Third step is developed and identify alternatives. After identify the problem or opportunity, they need to do the research. For example, they need to find the solution that can solve the problem they have already identified. After this step, they need to choose the best alternative among one or more alternatives. Next step is implement choice. They can implement the choice in the problem or opportunity. Evaluate choice is the last step, which they need to evaluate the choice or the decision outcomes. For example, whether the gap has narrowed or not or whether the problem have solved or not. Nike is doing well in identifying alternatives. To support the lean manufacturing system, Nike has provided resources to contract factories to support their transition such as training, coaching and technical assistance. This shows that Nike not only depends on the formal procedure like lean manufacturing but also finding other alternatives to improve the productivity. Although the contracted factory (owner and top level management personnel of factory) are being supported by Nike (monetary and other expertise resource), however, operational workers may not receive the fair amount of support from Nike and operational employees are sometimes not recognized as a valuable part of the business value chain. Some workers are unfairly compensated in return for their work and this can lead to a low self-esteem, lack of morale and reduced in productivity (Wilsey Lichtig). Problem identification challenges include perceptual defense, stakeholder framing, decisive leadership, mental models and solution-focused problems. Perceptual defense is ignoring information that threatens their self- concept. Stakeholder framing is stakeholder try to persuade decision maker that interest to problem or opportunity not important. Decisive leadership is decision maker do the decision making without enough analyzing the data. Mental model is an assumption and expectation that prevent people seeing unique problem or opportunity. Solution- focused problem is straight to the solution rather than do the investigation, analysis or identify the problem. Creativity is developing an original idea that makes a socially recognized contribution. Creativity in decision making can help the company solve the problem and get the new and useful alternatives. Creative work environment can motivating the work, encourage experimentation, tolerate mistakes, open communication and sufficient resources. Creative process model include four steps. First is preparation. They need to know the problem and do the preparation such as find the information or do the research or learn some skills that help in creative. Next is incubation. They put the problem aside but mind still working on the background. Third is insight. Suddenly they become aware of unique idea. They see or hear something and cause them suddenly to have a new idea. Last is verification. In this step, they need to evaluate their idea is good or not or benefit or costly for the company. Nike is playing well in creativity either in the shoes design or advertising. The shoes designer need to design the shoes to do three visual dialogues that are attract consumers with iconic design, clean and simple, engage them with craft that is holistic and catch them with the idea. The idea of barefoot shoes that designed by Nike is impressively creative. Nike concerns on the structure of the foot. They did pressure testing on the high-end athletes about what they are doing to make themselves better and also discover that they are usually training barefoot. That is the idea of barefoot shoes came from. Nevertheless, Nike also come out with interesting advertisement and won the Creativity Best 2012 as both the television and print categories is one of the years most innovative advertisers. Employee involvement is the degree to which employee influence how their work is organized and carried out. Different levels have different forms of involvement. In the lowest level, they do not know what problem is about in the company so they do not make the recommendation. In the middle level, they know what problem is happen in the company and they will provide the recommendation to do the decision making. In the highest level, they make the entire decision making process. They need to choose the best alternative among one or more alternatives and implement the choice and evaluate the choice. Higher employee involvement is better when the employees have relevant knowledge beyond leader and can help the leader solve the problem. Most employees would lack commitment if they do not involve. Company need encourage their employee involve in the situation because higher employee involvement means higher commitment of employee. Nike involved all levels of the organization in decision ma king. For instance, top managers determine their organizations goals, what products and services to provide. And middle and lower managers determine the production schedules, select new employees and other routine practices. The disadvantages of moderated employee involvement within an organizations decision making process are too many lines of communication and the potential for inconsistent decision making. When more employees have decision making ability, more communication is needed to make certain that decisions are consistent across the organization. This consistency is significantly important to brand recognition and consistency. Managers may need a long time to monitor decisions and activities with employee involvement to protect against negative consequences and to control the potential for chaos (Kokemuller). 3.0 Recommendation The rational choice paradigm can make several assumptions about the human capacity to process information. One of assumptions which are decision makers can process information about all alternatives and their consequence but normally this is not possible to happen in reality. They only evaluate a few alternatives and some of the main outcomes of those alternatives as well as the Nike. There are some recommendations on how those assumptions that being used by Nike can be applied more effectively in the coming future. Postdecisional justification gives people an excessively optimistic evaluation of their decisions but in reality it will bring the objective feedback to the company. There are four main reasons which are self-justification, prospect theory effect, perceptual blinders and closing costs explained that why people poorly evaluated their decision outcomes. These reasons make escalation of commitment look irrational. The first recommendation for Nike is to minimize postdecisional justification and escalation of commitment. This will ensure that the people who made the original decision and people who later evaluate that decision are different. The self-justification effect can be minimized by this separation of roles due to the person responsible for evaluating the decision is not connected to the original decision. In addition, the Nike can publicly establish a preset level at which the decision is abandoned or reevaluated. It is similar to a stop-loss order in the stock market, whereby the stock is sold if it falls below a certain price. The problem with this solution is that the situations are always so complex. This is because it is very difficult to identify an appropriate point to abandon a project. The next suggestion for Nike is to looking for a source of systematic and clear feedback. For an example, the phenomenally large cost overruns at Scotlands new parliament building might have been smaller if let say the Scottish government had received less ambiguous or less distorted information from civil servants about the true cost of the project during the first few years. The escalation of commitment happened in Scotland because of they do not see the problems soon enough. Lastly, the Nike can try to improve their decision evaluation process by involving of more people in their own evaluation. Besides that, co-workers of Nike can continuously monitor each other and they might notice the problems sooner than someone working alone on the project. Employee involvement offers these and other benefits to the decision making process. So that, Nike can identify their problems, choose the best alternative and implement their decision with the knowledge and multiple perspectives of employees of company. Other than that, we recommend Nike to use Theory Y by Douglas McGregor (1960) to help their employees improve their working performance and distress due to over training. Theory Y emphasize on participative management style. This theory assumes that employees effort in work is as natural as play and work. They are self-motivated, enjoy their work a lot, self-direction and always seek for responsibility. Nike should motivate their potential employees and helps them to develop their skills and capacities. Appraisal method such as provide promotion opportunities to employees with good performance. Motivated employees are more willing to help organizations to achieve goals. According to Comms study (Puvanasvaran, A. P.), there are five best practiced components can be used to solve the problem of lean manufacturing which are environment change, leadership, culture, employee empowerment and communication. Nike should help the older employees to understand how lean manufacturing system work, try to communicate and share clear information with them so that they can understand their company goal. Nike can assign some employees to guide those employees who are not familiar with the process. Moreover, we also recommend Nike applies values drive behavior to motivate and handle the problem of operational workers who did not get their return fairly. The component of justice and fair guidance are needed. Nike managerial leaders should practice ethical behavior by locating organization resources fairly. Resources such as people, capital assets, money should treated and distribute fairly. They treat the workers equally by giving them the amount they deserved to get. Another component is love and kindness. Workers should be treated kindly. When their effort on the job is recognized, they will put more effort and contribute more to the organization. In such way, the operational workers will increase productivity and self-esteem. To solve the problems of inconsistent decision making, Nike should use appropriate team decision making strategy. Normally ideas of high status people or people who should loudest will get attention by other members. Therefore, we recommend Nike to use nominal group technique to solve prioritizing issues such as which resources are the best for company project. It is a technique where all the members brainstorm their ideas without interacting with each other and discuss one by once at the final stage. It is useful in providing effective framework in choosing best option or ranking priorities. 4.0 Conclusion McShane and Von Glinow (2010) defined that Decision making is a process of making choices among one or more alternatives with the intention of moving toward some desired state of affairs. People usually do not follow the rational model to make decision in the real world because there are many undefined problem and ambiguous alternatives. McShane and Von Glinow (2010) defined that Creativity is the development of original ideas that make a socially recognized contribution. Creativity allows and encourages people to think out of the box, which produce innovative and unique ideas for a particular task. NIKE, Inc. is the world leader in athletic apparel, footwear, equipment and accessories. They assist every athlete in developing motivation and creativity throughout the world with using and promoting their products and brand name. Decision making style of the founders of Nike, Bill Bowerman and Phil Knight has reflects the participative method in the company. Nike involved all levels of the organization in decision making. The employees who have relevant knowledge beyond leader and can help the leader solve the problem effectively. Furthermore, Nike is playing an important role in creativity which generates unique ideas or products that are valuable to the organizations. Neither in the product design nor advertising, Nike also has tried their best to exert unlimited creativity on it. The creative products and interesting advertisement that created by Nike has help them to produce sustained superior performance. Last, the integration of Nikes design, customer and marketing creates a strategy, which is effective and difficult for their competitors to imitate. Nike has provides clear objective and an environment, which promotes the development and sharing of innovative ideas throughout the world. (Total written words: 3785)

Thursday, September 19, 2019

Descartes :: essays research papers

From Descartes' perspective, nature is a representation of God; therefore, God must intrinsically exist, inasmuch as he, too, is a product of His own creation. Descartes was one of many philosophers who fully supported this argument in support of God's existence, contending that the external world is the ruling force behind the presence of all beings. Descartes' assertions, as portrayed within the literary boundaries of Meditations on First Philosophy, were founded not in cosmological or ontological arguments but rather in teleological debate, inasmuch as the philosopher believed that there has to be an omnipotent entity responsible for all the purpose and order that is found within natural existence and, thereby, stimulating a sense of wonder about the world. One of the primary reasons why Meditation III brings forth such a sense of wonder is because Descartes' philosophical writings followed a very distinctive trail, one that pursued a path of purity and sincerity. He believed deeply in the value of ethics as it related to humans within the natural world, and his concept of forming an adequate ethical code was thought to be the only way in which people could truly base their value system. Within this natural world of which he spoke, Descartes theorized that knowledge was the ultimate controller of the environment, thus supporting the teleological argument as proof of God. He persevered and postulated as to how he could at last seal the overwhelming gap that existed between thought and action. It was through his writings that Descartes exercised the possibility that all thought and action are interconnected, bringing to mind the view of science and how it undoubtedly demonstrated the same evidence. Characteristic of humanity's constant quest for the concept of God's existence, the journey of understanding has come to represent myriad things to myriad people, ultimately rendering any universal explanation virtually impossible. The problem with such sought-after meaning is attempting to successfully pinpoint a single yet comprehensive connotation to its concept; however, this cannot be achieved as long as any two individuals harbor decidedly different interpretations. "I shall now close my eyes, I shall stop my ears, I shall call away all my senses, I shall efface even from my thoughts all the images of corporeal things, or at least (for that is hardly possible) I shall esteem them as vain and false; and thus holding converse only with myself and considering my own nature, I shall try little by little to reach a better knowledge of and a more familiar acquaintanceship with myself" (Descartes PG). Inasmuch as Descartes provides a naturalistic theory for God's existence, which is based upon human nature's philosophical reasoning, this form of mitigated conviction is what essentially supports his stance on God's existence

Wednesday, September 18, 2019

Spanish Conquistadors: Heroes Or Murderers :: essays research papers fc

Spanish Conquistadors: Heroes or Murderers "The Indians in the first fatal decades of the white man in America were conquered because they could not conceive what it was that the white man was after, and what manner of man he was." (The Indians of the Americas, p97) This misconception, was that the Indians could not imagine was that the Spanish Conquistadors would come to the Americas and brutally murder men women and children in the name of a god. They could not see how a group of people could follow such a god. The Spanish conquistadors raped the American natives of their naiveness. The Spanish conquistadors took away the Indians right to their way of life and their land. Living in the United States of America, it's hard to imagine a group of people coming into our country, and taking our land. But this event has already happened, almost 500 years ago. The people who dominated the United States before the Spanish invasion roamed among a 2 large continents. Today the Indians are restricted to reserves or â€Å"reservations†. Their land has been taken from them, and little if any was given in return. The people who live among these reservations try to preserve the â€Å"old way of life.† Another thing taken from the Indians of Americas was their way of life. One thing almost all people hold close to their heart is their way of life whatever it may be. The Indians however were persecuted for their beliefs and either killed or converted to the â€Å"Spanish Catholicism† or many other varying ways of life. This conversion did not take place peacefully. Many resisting Indians died for their cause. The Indians of the Americas could no longer hunt and gather food freely. Nor could they farm just for their community. Strong men were taken as slaves either to Hispaà ±ola (Modern Day Haiti), Cuba or taken back to Spain. Such slaves were often worked to death, because of the seemingly endless supply of American Indians. Other Indians were forced to pay tribute to the Spanish by working on farms to feed the invaders when they themselves were barely nourished enough to live. Some American Indians went so far as to commit mass suicides and not to have children, because they knew their fate if they were to go on living or to bring another child into the world only to see him or her worked to death (Collier, 63). Another very important factor in the demise of Native American Indians was disease, the native Americans had no immunity to the European diseases.

Tuesday, September 17, 2019

John Steinbeck’s The Chrysanthemums Essay -- John Steinbeck The Chrysa

In John Steinbeck’s The Chrysanthemums, the reader is introduced to the seemingly timid and shy Elisa Allen. Elisa is routinely planting her yearly sets of Chrysanthemums, which appear to be the sole receptor of her caring and gentle touch, but all the while it is evident that â€Å"the chrysanthemum stems seemed too small and easy for her energy.† Her hidden eagerness seems not only out of place, but out of touch with her dry and wilted surroundings, of which her husband, Henry, abruptly interrupts her steady pace. Inquiring of dinner plans, he is quickly shuttered  out, so that Elisa can continue her work in the fenced in flower bed. This seems to be the only place on the ranch that belongs to her, and thus devoting the entirety of her time, and consideration, towards this lonely sandy square.   Ã‚  Ã‚  Ã‚  Ã‚  It isn’t long before another interruption comes cluttering up to country road toward the Allen Ranch. This time it comes in the form of a worn wagon, drawn by two mismatched horses, and a large rugged man sitting behind the reins. Elisa appears to be somewhat static as she introduces herself to the peddler, making it known that he is drawing her away from her duties. But the peddler, who is just trying to find something to fix-up for money, sparks a vigor in Elisa, and she suddenly gains interest in everything he says, as benign as it may be. This peddler, who merely altered Elisa’s routine, has immediately altered her life. The change in routine is the first in many years for her...

Theories of Corporate Personality

Theories of Corporate Personality MANAS AGARWAL 5th Semester BA LL. B (B) School of Law Christ University Bangalore INDEX * Research Methodology * Introduction * The Common Law Perspectives * Fiction Theory * Concession Theory * The Purpose Theory * Bracket Theory * Realist Theory * Why Corporations? * Corporate Personality And Limited Liability Cases: * Macaura v. Northern Assurance Co. * Lee v. Lee’s Air Farming * Salomon v. Salomon & Co. ACKNOWLEDGEMENT I Manas Agarwal of B. A. LL. B (Hons. ) is really grateful to Ms. Fincy V, without whose help and corporation this project would not have been possible.I am also grateful to the National Law School India University (N. L. S. I. U) Library staff and the Knowledge Centre, Christ University staff, whose cooperation is appreciable. I think this kind of assignments lead to the overall development of the students and I am looking forward to take up such assignments in future. RESEARCH METHODOLOGY †¢ SCOPE AND FOCUS: – This research paper essentially seeks to study and criticise the different theories of corporate personality considering the jurisprudential conflicts. †¢ RESEARCH OBJECTIVES: – The principal objective of our research is to study and criticise the different theories of corporate personality and the concepts under it. * Another objective of our research is to find conflicts between the various theories relying on various judgments. †¢ RESEARCH QUESTIONS: – * What is the difference between various theories of corporate personalities. * The meaning and limits of a corporate personality. †¢ METHOD OF ANALYSIS: – This project has its basis on the following methods of analysis:- DESCRIPTIVE: – The first task is to comprehensively study and critize the jurisprudential theories of corporate personalities.ANALYTICAL: – Further these concepts and observations can be analyzed. The valuable knowledge that is gained from studying the commentaries must be used to understand the evolution of the theories and the law itself in terms of some cases. †¢ MODE OF CITATION :- The researcher(s) has used a uniform mode of citation in this paper. Introduction There is an interesting conflict between philosophic theories as to the nature of corporate personality and the insurgent demand of economic forces for a further recognition of those form of organisation which seem so essential to modern life.The grant of legal personality is clearly within the gift of the state, for it may be refused to natural persons. In the case of natural person, however, it is clear that law grants legal personality to a physical entity existing in space and possessing what (for lack of better term) we describe as human personality. While philosophy may find difficulty in analyzing or describing the real nature of human personality, few of us doubt that we exist, and we compensate for our defective analysis by an intuitive understanding of our own natur e which, however inadequate it may be, at least gives a substratum on which to build.As far as legal personality is concerned, there is no very significant difference between that granted to human beings and that to non-human beings such as groups or other entity. The decision of House of Lords in Salomon v A Salomon & Co. Ltd had a lasting influence in corporation law. It is often credited with the principle of separate legal entity of the corporation distinct from the members. Though there is no doubt that the Salomon case had play a significant role in company law, the decision in this case was hardly the origin of the separate legal entity principle.The legal entity of beings other than the human has long been recognized prior to 1897, in which the Salomon case was decided. The jurisprudence theories on juristic person had been established since the early Roman law to justify the existence of legal person other than the human. The State, religious bodies and education institutio ns had long been recognized as having legal entity distinct from the members. The acceptance of the corporate personality of a company basically means that another non-human entity is recognized to assume a legal entity. This can be seen from the many theories of jurisprudence on corporate personality.Majority of the principal jurisprudence theories on corporate personality contended that the legal entity of the corporation is artificial. The fiction, concession, symbolist and purpose theories supported the contention that existence of corporation as a legal person is not real. It only exists because the law of the state recognized it as legal person and it is recognized either for certain purpose or objectives. The fiction theory, for example, clearly stated that the existence of corporation as a legal person is purely fiction and that the rights attached to it totally depend on how much the law imputes upon it by fiction.The Common Law Perspectives Generally, there are two types o f person which the law recognized, namely the natural and artificial person. The former is confined merely for human beings while the latter is generally referred to any being other than human being which the law recognized as having duties and rights . One of the most recognized artificial persons is the corporation. Legal scholars, particularly the jurists, have always explored the issue on the recognition of corporation as a legal person.In the study of jurisprudence, the separate legal personality of corporation is based upon theories, which are concentrated upon the philosophical explanation of the existence of personality in beings other than human individuals. W. Friedman stated that: â€Å"All law exists for the sake of liberty inherent in each individual; therefore the original concept of personality must coincide with the idea of man. † Even though there are many theories which attempted to explain the nature of corporate personality, none of them is said to be domi nant.It is claimed that while each theory contains elements of truth, none can by itself sufficiently interpret the phenomenon of juristic person. Nonetheless, there are five principal theories, which are used to explain corporate personality, namely, the fiction theory, realist theory, the purpose theory, the bracket theory and the concession theory. Fiction Theory The fiction theory holds that corporations are simply legal fictions, created and sustained by an act of the state. They are endowed with corporate personality simply because this is a convenient form through which the natural persons behind the corporation may conduct their business.According to this theory, the legal personality of entities other than human beings is the result of a fiction. Hence, not being a human being, corporation cannot be a real person and cannot have any personality on its own. Originally, the outward form that corporate bodies are fictitious personality was directed at ecclesiastic bodies. The doctrine was used to explain that the ecclesiastic colleges or universities could not be excommunicated or be guilty of a delict as they have neither a body nor a will. The famous case of Salomon v A Salomon Co Ltd is a proof of the English court adoption of the fiction theory.In this case, Lord Halsbury stated that the important question to decide was whether in truth an artificial creation of the legislature had been validly constituted. It was held that as the company had fulfilled requirements of the Companies Act, the company becomes a person at law, independent and distinct from its members. Despite its instrumental conception of the corporation, the fiction theory still affords a sufficient basis for according corporations legal rights. Indeed, it is on the basis of the fiction that corporations are persons that they possess the legal rights they do, such as private property rights.However the fiction theory affords no basis for the recognition of moral rights of corporations . On the fiction view, â€Å"corporations, as creatures of the State, have only those rights granted them by the State. † The personality the corporation enjoys is not inherent in it but as conceded by the state. Due to the close connection made in this theory as regards to relation of legal personality and the power of the state, fiction theory was claimed to be similar to the theory of sovereignty of state which is also known as the concession theory. Concession TheoryA group of persons wanting to create a corporation will have to execute documents and comply with requirements set by the state before being given corporate personality; merely a privilege; state may provide causes for which the privilege may be withdrawn. It maintains that the law is the only source from which the legal personality may flow. The law lays down certain conditions which creates the legal personality of a corporation. Corporate form is therefore a concession given by the state. The concession the ory is basically linked with the philosophy of the sovereign national state.It is said to be essentially a product of the rise of the national state at a time when there were rivals between religious congregations and organizations of feudal origin for the claim of national state to complete sovereignty. Under the concession theory, the state is considered to be in the same level as the human being and as such, it can confer on or withdraw legal personality from other groups and associations within its jurisdictions as an attribute of its sovereignty. Hence, a juristic person is merely a concession or creation of the state.Concession theory is often regarded as the offspring of the fiction theory as it has similar claim that the corporations within the state have no legal personality except as it is conceded by the state. Exponents of the fiction theory, for example, Savigny, Dicey and Salmond are found to support this theory. Nonetheless, it is that while the fiction theory is ulti mately a philosophical theory that a corporation is merely a name and a thing of the intellect, the concession theory is indifferent as regards to the question of the reality of a corporation in that it focuses on the sources of which the legal power is derived.Dicey took the view that sovereignty is merely a legal conception which indicates the law-making power unrestricted by any legal limits. The Purpose Theory This theory is also known as the theory of Zweckvermogen. Similar to the fiction and concession theories, it declares that only human beings can be a person and have rights. Entities other human is regarded as an artificial person and merely function as a legal device for protecting or giving effect to some real purpose. As corporations are not human, they can merely be regarded as juristic or artificial person.Under this theory, juristic person is no person at all but merely as a â€Å"subject less† property destined for a particular purpose and that there is owner ship but no owner. The juristic person is not constructed round a group of person but based on the object and purpose. The property of the juristic person does not belong to anybody but it may be dedicated and legally bound by certain objects. This theory rationalized the existence of many charitable corporations or organizations, such as trade unions, which have been recognized as legal persons for certain purposes and have continuing fund.It is also closely linked with the legal system which regard the institution of public law and the endowment of private law as legal personalities. Bracket Theory According this theory, a company consisting of its members or shareholders exists and it is inconvenient to refer always to all of them, a bracket is placed around them to which a name is given but in order to understand the real position we must remove the bracket. The real status is given in realist theory. Realist Theory On the realist view, the corporation is more than a legal ficti on, and more than simply an agreement between its shareholders.It is an autonomous institution with a demonstrable extra-legal existence, analogous in some respects to a self-governing state. Like the contract theory, the realist theory recognises that the shareholders of a corporation delegate the powers of control over their property to the corporation's management so that the property can be pooled towards a unified purpose. Unlike under the contract theory, however, the shareholders are seen more as investors in the corporation than owners of it.This is why managers owe fiduciary duties not simply to the shareholders, but to the corporate person as a whole. Of the three theories, only the realist theory seems capable in principle of supporting moral rights for corporations, because only it grants them a real social existence apart from the concession of the state or the agreement of their shareholders. However it seems that the realist theory of corporate personality has fallen out of favour amongst modern academic writers. This may be because it seems to accurately describe only a limited subset of corporations.Many types of corporations which have assumed greater importance since the realist view gained prominence, including holding companies and trustee companies, sit uneasily within the realist framework. Nevertheless it is believed that the realist theory is potentially the most useful of the three set out above, so long as the subset of corporations to which it most accurately applies can be sufficiently delineated. By itself the theory seems incapable of providing any basis for such delineation. If the realist conception of the corporation is to be salvaged at all, its assumptions must be explicated by some other theory.Why Corporations? The above survey of the theories of corporate personality has revealed no complete conception of the corporation which justifies the recognition of moral rights of corporate persons. To some extent, this is hardly s urprising. Corporate personality is a legal concept based on purely commercial considerations: The concept of the juridical person is convenient to the conduct of business by providing for extended â€Å"life† and a limitation on liability, not to mention the right to own property and enter into contracts, which the law reserves to people.But laws might be fashioned to give corporations the same power to own property and sign valid contracts without terming them persons. There is therefore no reason why the types of bodies (if any) which deserve to be endowed with collective rights should coincide with those organisations allotted the status of persons by the law for purely instrumental reasons. For instance, corporations are classified as legal persons, but partnerships are not. Yet there is no obvious reason why the mere act of incorporation by a partnership should endow it with moral rights which it did not possess before.The intuition which many lawyers seem to possess th at corporations do possess rights can be explained as a psychological response to the â€Å"unified normative vocabulary† with which natural and corporate persons are described. That is, the personification of the corporation leads lawyers to indiscriminately apply concepts to it which are rightly applicable only to natural persons. However although this may be a convenient mode of analysis, it is clearly not conceptually consistent for rights to be accorded to bodies corporate (and to no other collectivities) purely because they bear that designation.Nevertheless, that is precisely what propose should be done. The rationale is that the present paper is not simply a normative, but also a descriptive study. It is apparent that corporate persons are already recognised as more appropriate bearers of rights than non-incorporated bodies under Australian law. It is for this reason that they have property and other common law rights which non-incorporated bodies lack. It is likely, therefore, that any extension of the rights recognised of collectivities under our law will employ this existing category.To extend the recognition of rights to non-incorporated bodies would require the recognition of a third type of personhood hitherto unknown to the law. However desirable this may be, it is not a realistic proposal for law reform. Corporate Personality And Limited Liability Corporate personality refers to the fact that as far as the law is concerned a company personality really exists apart and different from its owners. As a result of this, a company can sue and be sued in its own name, hold its own property and crucially – be liable for its own debts.It is this concept that enables limited liability for shareholders to occur as the debts belong to the legal entity of the company and not to the shareholders in that company. Corporate legal personality arose from the activities of organisations such as religious orders and local authorities which were grant ed rights by the government to hold property and sue and be sued in their own right and not to have to rely on the rights of the members behind the organisation. Over time the concept began to be applied to commercial ventures with a public interest element such as rail building ventures and colonial trading businesses.However, modern company law only began in the mid-nineteenth century when a series of Companies Acts were passed which allowed ordinary individuals to form registered companies with limited liability. The way in which corporate personality and limited liability link together is best expressed by examining the key cases:- Salomon v Salomon ; Co. Mr Salomon carried on a business as a leather merchant. In 1892 he formed the company Salomon ; Co. Ltd. Mr Salomon, his wife and five of his children held one share each in the company.The members of the family held the shares for Mr Salomon because the Companies Acts required at that time that there be seven shareholders. Mr Salomon was also the Managing Director of the company. The newly incorporated company purchased the soletrading leather business. The leather business was valued by MrSalomon at ? 39,000. This was not an attempt at a fair valuation; rather it represented Mr Salomon’s confidence in the continued success of the business. The price was paid in ? 0,000 worth of debentures (a debenture is a written acknowledgement of debt like a mortgage – see Chapter 7) giving a charge over all the company’s assets (this means the debt is secured over the company’s assets and Mr Salomon could, if he is not repaid his debt, take the company’s assets and sell them to get his money back), plus ? 20,000 in ? 1 shares and ? 9,000 cash. Mr Salomon also at this point paid off all the sole trading business creditors in full. Mr Salomon thus held 20,001 shares in the company, with his family holding the six remaining shares. He was also, because of the debenture, a secured cred itor.However, things did not go well for the leather business and within a year Mr Salomon had to sell his debenture to save the business. This did not have the desired effect and the company was placed in insolvent liquidation (i. e. it had too little money to pay its debts) and a liquidator was appointed (a court appointed official who sells off the remaining assets and distributes the proceeds to those who are owed money by the company, see Chapter 16). The liquidator alleged that the company was but a sham and a mere ‘alias’ or agent for Mr Salomon and that Mr Salomon was therefore personally liable for the debts of the company.The Court of Appeal agreed, finding that the shareholders had to be a bona fide association who intended to go into business and not just hold shares to comply with the Companies Acts. The House of Lords disagreed and found that- the fact that some of the shareholders are only holding shares as a technicality was irrelevant; the registration procedure could be used by an individual to carry on what was in effect aone-man business a company formed in compliance with the regulations of the Companies Acts is a separate person and not the agent or trustee of its controller.As a result, the debts of the company were its own and not those of the members. The members’ liability was limited to the amount prescribed in the Companies Act – i. e. the amount they invested. The decision also confirmed that the use of debentures instead of shares can further protect investors. Macaura v Northern Assurance Co. Mr Macaura owned an estate and some timber. He agreed to sell all the timber on the estate in return for the entire issued share capital of Irish Canadian Saw Mills Ltd.The timber, which amounted to almost the entire assets of the company, wasthen stored on the estate. On 6 February 1922 Mr Macaura insured the timber in his own name. Two weeks later a fire destroyed allthe timber on the estate. Mr Macaura tried to claim under theinsurance policy. The insurance company refused to pay outarguing that he had no insurable interest in the timber as the timber belonged to the company. Allegations of fraud were also made against Mr Macaura but never proven. Eventually in 1925 theissue arrived before the House of Lords who found that:The timber belonged to the company and not Mr Macaura Mr Macaura, even though he owned all the shares in the company, had no insurable interest in the property of the company just as corporate personality facilitates limited liability by having the debts belong to the corporation and not the members, it also means that the company’s assets belong to it and not to the shareholders. More modern examples of the Salomon principle and the Macaura problem can be seen in cases such as Barings Plc (In Liquidation) v Coopers ; Lybrand (No. 4) [2002] 2 BCLC 364.In that case a loss suffered by a parent company as a result of a loss at its subsidiary (a company in which it he ld all the shares) was not actionable by the parent – the subsidiary was the proper plaintiff. In essence you can’t have it both ways – limited liability has huge advantages for shareholders but it also means that the company is a separate legal entity with its own property, rights and obligations. Lee v Lee’s Air Farming Mr Lee incorporated a company, Lee’s Air Farming Limited, in August 1954 in which he owned all the shares. Mr Lee was also the sole ‘Governing Director’ for life.Thus, as with Mr Salomon, he was in essence a sole trader who now operated through a corporation. Mr Lee was also employed as chief pilot of the company. In March 1956, while Mr Lee was working, the company plane he was flying stalled and crashed. Mr Lee was killed in the crash leaving a widow and four infant children. The company as part of its statutory obligations had been paying an insurance policy to cover claims brought under the Workers’ Compens ation Act. The widow claimed she was entitled to compensation under the Act as the widow of a ‘worker’.The issue went first to the New Zealand Court of Appeal who found that he was not a ‘worker’ within the meaning of the Act and so no compensation was payable. The case was appealed to the Privy Council in London. They found that: the company and Mr Lee were distinct legal entities and therefore capable of entering into legal relations with one another as such they had entered into a contractual relationship for him to be employed as the chief pilot of the company he could in his role of Governing Director give himself order as chief pilot.It was therefore a master and servant relationship and as such he fitted the definition of ‘worker’ under the Act. The widow was therefore entitled to compensation. Separate legal personality and limited liability are not the same thing. Limited liability is the logical consequence of the existence of a separ ate personality. The legal existence of a company (corporation) means it can be responsible for its own debts. The shareholders will lose their initial investment in the company but they will not be responsible for the debts of the company.Just as humans can have restrictions imposed on their legal personality (as in the case of children) a company can have legal personality without limited liability if that is how it is conferred by the statute. CONCLUSION person is not artificial or fictitious but real and natural. The realist also contended that the From the discussion on jurisprudence theories of corporate personality by G. W Paton, it is observed that main arguments lie between the fiction and realist theories.The fiction theory claimed that the entity of corporation as a legal person is merely fictitious and only exist with the intendment of the law. On the other hand, from the realist point of view, the entity of the corporation as a legal law merely has the power to recogniz e a legal entity or refuse to recognize it but the law has no power to create an entity. Referring to the English company law case law, it can be seen that in most cases, the court adopted the fiction theory. Salomon v A Salomon Co Ltd is the most obvious example.It is also observed that fiction theory provide the most acceptable reasoning in justifying the circumstances whereby court lifted the corporate veil of corporation. If the entity of the corporation is real, then the court would not have the right to decide the circumstances where there is separate legal entity of the corporation should be set aside. No human being has the right to decide circumstances whereby the entity of another human being should be set aside. Only law has such privilege.Nonetheless, the realist contention that the corporation obtain its entity as a legal person not because the law granted it to them but because it is generated through its day to day transaction which are later accepted and recognized b y law also seem acceptable. Bibliography * A Text Book of Jurisprudence, 2nd Ed, by G. W. Paton * Corporate personality in the 20th century edited by Ross Grantham * Manupatra. com * Legalservicesindia. com * Westlaw. com ——————————————– [ 1 ]. Cf. A. Kocourek, Jural Relations (2nd ed. ), 57. [ 2 ]. Stokes, M. â€Å"Company Law and Legal Theory† in Twining, W. ed). Legal Theory and the Common Law. Basil Blackwell, Oxford, 1986, 155, 162. [ 3 ]. Salomon v A Salomon & Co Ltd [1897] AC 22 [ 4 ]. First National Bank v Bellotti (1978) 435 US 765 [ 5 ]. Mark, G. Op. cit. 1472. [ 6 ]. cf. Mills v Mills (1938) 60 CLR 150 [ 7 ]. Woytash, J. â€Å"We Must Stop Viewing Corporations as People† (1978) 64 ABAJ 814 [ 8 ]. Dan-Cohen, M. Rights, Persons, and Organizations. University of California Press, Berkeley, 1986, 5. [ 9 ]. Salomon v Salomon & Co. [1897] AC 22 [ 10 ]. Macaura v Northern Assurance Co. [1925] AC 619 [ 11 ]. Lee v Lee’s Air Farming [1961] AC 12

Monday, September 16, 2019

Linking instruction Essay

Teaching is always perceived as a straightforward process whereby teachers provide instruction and students learn. With this perspective, teaching is seen as a simple instruction–learning process. In actual practice, it is more realistic to view assessment as an integral component of the teaching process. In fact, it has been estimated that teachers devote at least one-third of their professional time to assessment-related activities (Stiggins & Conklin, 1992). Assessment can and should provide relevant information that both enhances instruction and promotes learning. In other words, there should be a close alignment between theory, instruction and assessment. With this expanded conceptualization of teaching, instruction and assessment are integrally related, with assessment providing objective feedback about what the students have learned, how well they have learned it, how effective the instruction has been, and what information, concepts, and objectives require more attention. Instead of teaching being limited to an instruction–learning process, it is conceptualized more accurately as an instruction–learning–assessment process. For example, a misaligned curriculum, instruction, and assessment had been seen as one factor that led to poor student achievement. In the past, standardized norm-referenced tests, used traditionally for accountability, have only partially aligned with curricular materials and classroom instruction. These conditions obviously result in poor test scores (Burger, n. d. ). Using the standards-led alignment approach, this policy sought to align, integrate, and connect components of schools as systems (e. g. , assessments, curriculum, instruction, and accountability). According to Linn & Herman (1997), standards-led alignment should use local content standards as the focal point to: †¢ foster the use of multiple assessment sources and methods, †¢ describe how classroom and accountability assessment relate to each other, †¢ align accountability and classroom assessment with learner outcomes, and †¢ ensure that teachers and administrators use appropriate forms of assessment, are skilled in interpreting data, can plan for re-teaching activities using data, and can evaluate the impact of specific programs and instructional strategies. To begin the alignment process, Allington and Cunningham (2002) advocated a comprehensive policy review to determine where all system elements connect (e. g. , curriculum, instruction, and leadership). Stiggins and Conklin (1992) illustrated the important role that teachers play in the process of aligning instruction and assessment methods with theory: As a nation, we spend billions of dollars on educational assessment, including hundreds of millions for international and national assessments, and additional hundreds of millions for statewide testing programs. On top of these, the standardized tests that form the basis of district-wide testing programs represent a billion dollar industry. If we total all of these expensive, highly visible, politically important assessments, we still account for less than 1 percent of all the assessments conducted in America’s schools. The other 99 percent are conducted by teachers in their classrooms on a moment-to-moment, day-to-day, and week-to-week basis. In summary, if an educational institution wants to have effective teachers, they needs incorporate in their educational paradigm to link theory in the methods of instruction and assessment. Instruction and assessment are both instrumental parts of the teaching process, and assessment is a major component of a teacher’s day-to-day job. Knowing the connection of these, teachers can obtain information that promotes self-understanding and they will have more ability to help students plan for the future. For example, parents and students can use assessment information to make educational plans and select careers that best match a student’s abilities and interests. References Allington, R. L. , & Cunningham, P. M. (2002). Schools that work: Where All Children Read and Write.Boston, MA: Allyn and Bacon. Linn, R. , & Herman, J. L. (1997, February). A Policy Maker’s Guide to Standards-Led Assessment. Denver, CO: Education Commission of the States. Burger, D. (n. d. ). Using Standards-Led Policy to Align Assessment and Accountability Systems. Honolulu: Pacific Resources for Education and Learning. Retrieved 2 November 2006 at http://www. prel. org/products/re_/standards-led. htm. Stiggins, R. & Conklin, N. (1992). In Teachers’ Hands: Investigating the Practice of Classroom Assessment. New York: SUNY Press.

Sunday, September 15, 2019

Module Ten: Text Questions Essay

Review Questions 1. What is a questioned document? Describe at least one example of something that might be a questioned document. A questioned document is a document in which the script or type used in its composition causes suspicion. 2. What is an exemplar? What are the best types of exemplars? Exemplars are authorized examples of how a text should look as a reference. The best types of exemplars are the ones of similar content and/or in the same format. 3. What are natural variations? Describe how these may happen. Natural variations are subtle changes in handwriting that occur normally. This usually happen with time. 4. How are stamped signatures different from written signatures? Stamped signatures are literal stamps that leave a print of a signature instead of a hand signing. 5. What are some of the typescript machines that document examiners may have to investigate? Choose one of these machines and describe what document examiners may look for when comparing the machine to a questioned document. Some of the typescript machines that document examiners have to investigate are typewriters, photocopiers, and fax machines. With photocopiers, for example, investigators may closely look for discrepancies between copies, as there are little flaws common in every copy. Critical Thinking Questions 1. Why are questioned documents important in forensic science? What is one example of a situation where a questioned document might be an important part of a criminal case? Questioned documents are important in forensic science because the verification of a document could sway a course one way or another. For example, a forged suicide note could suggest foul play. 2. What are some of the ways that a document examiner might try to match a questioned document to a specific typewriter? What aspects might they look at? A document examiner might try to match a questioned document to a specific typewriter by noting possible variations over time that could account for any discrepancies. 3. Imagine that you have been asked to determine whether a signature on a check is authentic or a forgery. What steps would you take in doing this? What aspects would you examine? If I were to determine whether a signature is genuine of a forgery I would closely examine the strokes and curves of the handwrit ing. 4. Imagine that  you have been asked to determine whether a will written fifty years ago is authentic or a modern-day forgery. How would you go about doing this? What aspects would you examine to help you make your determination? To determine whether the will was a forgery or an authentic document I would collect exemplars to compare with the original document. I would closely compare the two and look for suspicious similarities or differences. 5. A law enforcement agent is in charge of getting a writing sample from an uncooperative suspect. The agent puts the suspect in a comfortable room and has the person choose from a bunch of pencils and ink pens. The agent takes the questioned document and dictates the information to the suspect, having the suspect write down what she says as she reads from the questioned document. After several paragraphs, the agent stops and has the suspect rewrite the material two more times. What did the agent do wrong in this situation? What did the agent do right? The agent should not have given the suspect the free range of writing materials but was correct in the material that they had the suspect write down.

Saturday, September 14, 2019

How Successful Can The Management Of Fragile Environments Be?

How successful can the management of fragile environments be, given the constant and increasing demand for their exploitation? A fragile environment is an area where the flora and fauna have adapted to a specific climate and evolved to occupy many different niches due to extremely high competition for resources. Furthermore due to the constant abiotic conditions, specialisation and symbiotic relationships have occurred to such a degree that even the slightest ecological or environmental disruption cannot be accommodated, meaning individual habitats and ecosystems can be easily destroyed.This combination of specialisation and interdependence increases the overall fragility and vulnerability of this biome Fragile environments can be exploited in different ways, and for different reasons. For example the Amazon Rainforest, an equatorial tropical rainforest biome, has been significantly exploited for its agricultural potential and natural resources; cattle ranching, soya bean and palm oi l plantations, mining and timber. The most significant consequence of these forms of exploitation is deforestation.There are many management strategies to combat deforestation, popular choices are; legislation, ecotourism, selective logging and various tree regeneration schemes. In this essay I will assess the extent to which these management schemes are successful in terms of sustainability and environmental effectiveness, in light of inevitable increasing anthropogenic pressures on tropical biomes around the world. Firstly it is important to identify how fragile environments are exploited and for what gain. If we look at the Amazon Rainforest, one of the major forms of exploitation is land for cattle ranching.Vast expanses of the rainforest are deforested to make way for grassland to rear cattle. This form of exploitation was responsible for 80% of all Amazonian deforestation in 2009, due to the ever increasing global demand for beef as a new wave of middle classes emerge from dev eloping nations with a first world diet. Large soya bean plantations run by major agricultural TNC’s like Cargill in the Amazon increase its land for plantations at rates of 1. 3 million hectares every year. Brazil is one of the world’s top producers of soya bean.The expansion of this market is driven by low transportation costs from improved infrastructure (both in and out of the Amazon) and increasing international demands for livestock feed where China is one of the main consumers, due to rapid economic growth (9% annually) and high demand from its emerging middle classes. The creation of huge mechanised soy monocultures has already been the sole cause of 21 million hectares of deforested rainforest in Brazil and 80 million hectares from the Amazon as a whole, since the early 1970’s.While these industries stated above as well as mining and logging have contributed to 240,000km2 of deforestation in the Amazon, the hunting for bush meat by native Amazonian trib es has put considerable pressure on rainforest fauna. Since the late 1990’s Brazilian Amazon local people consume between 2. 2 to 5. 4 million primates each year. This process is unsustainable as the primates reproduce at a much slower rate than they are consumed. Moreover some of these primates are endangered, meaning reproduction is inherently slower.There is often a conflict of interests between the exploitation and conservation of fragile environments. Thus in order for a fragile environment to be managed successfully a balance must be established. However, in reality this can be difficult to achieve. It is often the case that many countries depend on natural resources from fragile environments for income and trade on the global markets thus making fragile environments an integral part of their economy. This is the case with many LEDC’s, who are reluctant to stop exploiting their activities for fear it will result in economic decline and slower development.In Brazi l for example, much of the mining industry that takes place in the Amazon brought in $9 billion to the country in 2006. Moreover it can be a misunderstanding that most people, who exploit fragile environments like through mining in the Amazon, are doing so out of choice. As most locals have no other viable alternative to generate income for their families. Furthermore indigenous peoples often receive little education regarding global affairs and may not recognise the need for conservation. In addition it is rare that a single fragile environment is endemic to one country, as they often span over several territories.A good example is the Amazon rainforest which lies within Brazil, holding 60% of the forest, Peru 13%, Columbia 10% and with Venezuela, Ecuador, Bolivia, Guyana, Suriname and French Guiana also holding small amounts. This makes it difficult to establish a uniform strategy across the whole are, and made harder still by low funds available for conservation in many of these countries. One of the more popular forms of conservation management is conservation reserves that protect biodiversity and ensure its population lives  sustainably with their environment.One example of such a scheme is the Central Amazon Conservation complex in the Brazilian Amazon. Established in 2003, it brings together four reserves in the Amazon; Jau National Park, Anavilhanas Ecological Station, Mamiraua Reserve and Amana reserve, a total area of 49,000 km2. Sustainable development reserves have protected areas from developments that could have seriously damaged the CACC. Dams, pipelines, mines and commercial logging projects have all been prevented from entering the area.These reserves have improved biodiversity and caused a 100% increase in the black caiman population, and a 300% increase in the pirarucu fish. Economic Alternatives Programs promote sustainable activities whereby local people who make goods from the forest’s natural resources can sell directly to buye rs without going through ‘middle men’ who charge a commission. Thus ensuring a decent income, preventing any local farmers giving up land to major commercial agricultural firms, where the land is likely to be deforested and indigenous communities displaced.Overall the economics alternative program has reduced poverty, increasing household incomes by 50-99%. However this protecting such a large area can be difficult. The vastness of the area means it is majorly understaffed, thus making the control and regulation of illegal activities difficult. Only 100 volunteer guards and 150 employed members of staff are present in the Amana and Mariraua reserves – combined area of 2,490,000 hectares of land. The size of the protected areas and the number of staff available makes it is very difficult to prevent access into the reserves.In Jau National park, an area of 2,272,000 hectares, there’re only 4 permanent members of staff. Thus fish and turtle poaching remains a n unresolved problem. As populations increase around peripheral settlements, more stress is put on it to satisfy the demands of the populations, for example many towns in the heart of the rainforest suffer from intensive poaching of primates and manatees. Overall it may seem that despite efforts, and indeed success, of implementing such conservation schemes, may decrease in effectiveness following growing demand for the Amazons resources from increasing population pressure.Ecotourism is also a popular way of generating income for the local people as well as promoting conservation. It is a popular method of generating income in developing countries without billion dollar investments. Local people can act as guides or be providers of transport and accommodation – creating a source of income. The environmental low impact theme and conservation awareness can potentially bring in public and private investment. In addition it is a more environmentally friendly form of employment co mpared to other occupations such as logging and commercial agriculture.Plus if the country makes the economic transition from a manufacture to service sector economy, the government will have an indirect economic incentive to conserve the environment through promoting ecotourism. Ecotourism has already proved to be an economic, environmental and social success. For example, Costa Rica has been pumping in US$1. 6 million annually since 2000 from ecotourism, resulting in jobs for local people and 25% of its land under government protection. GNP per capita rose from $1500-$2000 between 1978 and 1992.The village of Tortuguero, Costa Rica, a satellite settlement to the Talamancan national park took a survey which indicated that 88% were highly satisfied with the multiplier effects from ecotourism in the park; such as local employment empowerment and government funding into building eco lodges on old farmland in the village; attracting tourists to spend in their local economy. However, th ere are cases where ecotourism has not benefitted the local community or the country as a whole.It is often the case that an ecotourism service is provided by an international agent, whereby revenue is repatriated overseas, away from the local community. Moreover even if the service is provided by host nation companies, the jobs can be seasonal, menial and in most cases, low paid. The influx of wealth and foreign exchange can shift political and economic conditions to make the country or area dependant on tourism as opposed to domestic economic practises. This induces a degree of instability to the industry, making it vulnerable to sudden economic change, such as the global financial crisis in 2008.This can create a lack of demand and subsequent economic decline in the area and ultimately forcing the local population into occupations that unsustainably exploit natural resources. In conclusion, it is can be said with a degree of confidence that most schemes are beneficial to an exten t. Land which is protected, conserved and managed sustainably outweighs the possible environmental damage that can occur due to poor management and lack of funding towards the scheme. Moreover it is the schemes which involve the local community that have the biggest potential to be successful.Managing the environment whereby its inhabitants are able to reap the full economic benefits of its natural resources allows; growth, development and investment into the local economy – Thus resulting in a self-sustaining operation. However, as world population is not yet set to peak until 2050, the pressure on the environment and demand for resources is only set to increase. It is also worth noting that in the light of possible changes to our global climate system in the coming decades there will be an even greater threat to the Earth’s fragile environments.With the effects of anthropogenic induced climate change causing more extreme weather, the constant abiotic factors that hav e shaped our fragile environments across the globe face a deadly, permanent change. If we are to preserve any type of fragile environment at all, it could be argued that a universal effort to reduce our carbon footprint would be the most successful long term scheme to ensure the survival of the Earth’s biodiversity.