What Justice Means to Me

In social institutions, justice is the very first virtue. On the other hand, truth would be considered to be of systems of thought. In the case of theories, certain revisions could be done if it is found to be untrue. Even if the theory seems to sound elegantly, changes would be required on it. The same thing applies to laws and institutions. If these laws and institutions are untrue, they would be reformed, or worst, they would be abolished. Utilitarianism states that a moral action is the â€Å"greatest good for the greatest number of people† (Mill, 1863). But each and every individual has the ability to discern based on justice that the wellbeing of a whole society does not often overrule the wellbeing of its citizen. Justice rejects the idea that an individual could lose his freedom for the benefit of the other individuals. In a society, justice must provide the equality which the citizen or the people should receive. Their rights should be protected by justice and that inequalities are reduced, if not totally removed (Rawls, 1999). Justice for me is fairness. It is a way to give the things that is due to a person or an individual who experiences unjust treatment. Each and every individual should experience equality especially with regards to rights and liberty, comparable to that which is experienced by other people. In addition to this, if there is the presence of social and economic inequalities, it should be reformed. The inequalities should be arranged in a manner as to be rationally anticipated to be to everyone’s advantage. Also, it should be fixed as to make positions or offices open to everybody, and not only to a specific individual or group of individuals. In a case stated by Claire Andre and Manuel Velasquez, an individual named Beatrice Norton who was fourteen years old worked in a cotton mill just like her mother. Few years after, she had stopped from working due to problems with regards to her health. Exposure to the cotton dust in the cotton mill had resulted to a disease called â€Å"brown lung†. â€Å"Brown lung† can is a chronic disease, and if it gets out of hand, it could be fatal. The symptoms of brown lung are similar to asthma and emphysema. Due to this disease, she was not able to work anymore and provide money for herself and to her family. As such, she asks for the government’s help in giving justice to what she had experienced. More specifically, she wanted to receive stability compensations from the government. Another case talks about Mrs. Vinnie Ellison’s husband who also worked in a cotton mill. Her husband had experienced difficulties in breathing and her husband’s health was in serious problem fulfilling his job due to this. Mrs. Ellison’s husband was fired because of this. Aside from being jobless, Mrs. Ellison’s husband had no pension, as such, they had difficulty living (Andre and Velasquez, Spring 1990). In these two incidents or cases, both Beatrice Norton and Mrs. Vinnie Elison, only wanted what is due to them or to their loved one. They wanted to be treated equally or fairly as to what they had experienced. They had worked for the cotton mill for years and morally speaking, the victims should be given compensations or financial help. In this way, their efforts, labor and loyalty to the company could be rewarded. In a just society, they should not be treated indifferently and that justice should protect them as well, just like how it protects other laborers or workers experiencing other diseases. As a Criminal Justice professional, I would see to it that they would be given what’s due to them. I would try to investigate and check if there’s any fault, mistake, neglects or shortcomings done by either Beatrice Norton and Mrs. Vinnie Elison or the cotton mill. I could readily give help or assistance to the victims of the â€Å"brown lung† in receiving at least a small compensation to pay for their medications. The improvement of their health could also be pushed through as deliberations and investigations go on. I would also help in granting pension to these victims if it is found that they had not committed any shortcomings as to endanger their own selves to the disease. In the case of the cotton mill, I could assist them in finding a suitable compensation or pension for the victims without incurring much loss to the mill. Their policies could also be revised in order to adapt to these problems in the future. Certain safety regulations can be pushed through the court for the cotton mill to create or improve existing health or safety regulations so that the well-being of the workers could be addressed. If the court finds that the victims did not follow such regulations then, they may not receive what they want fully since it is not due to them. Distributing wealth and good things in life that is equally deserved by one could be thought through common sense be given based on moral desert. Justice is happiness according to virtue. While it is recognized that this ideal can never be fully carried out, it is the appropriate conception of distributive justice, at least as a prima facie. As a Criminal Justice professional that considers that justice is fairness, this conception is already eliminated or disregarded. Identifying the necessary criteria in this situation seems to be impossible. In addition to this, from the point of view of distributing according to virtue, moral desert and legitimate expectations are neither eminent nor identifiable. Therefore, it can be a fact that individuals who take part in certain arrangements receive claims from one another because of the existing agreements which were made. In the case of the â€Å"brown lung† cancer, certain agreements could be arranged in order to come up with a fair decision that would not push one side to the losing end. By creating an agreement between the two conflicting identities, they could receive claims and equality or fairness can be served. Furthermore, the principles of justice as fairness that maintains a fundamental structure do not pertain to moral desert. Through justice as fairness, there would be no predisposition of share distribution that would keep up a correspondence with it.

Porter’s 5 Forces Essay

The model of the Five Competitive Forces was developed by Michael E. Porter in his book „Competitive Strategy: Techniques for Analyzing Industries and Competitorsâ€Å"in 1980. Since that time it has become an important tool for analyzing an organizations industry structure in strategic processes. Porter’s model is based up on the insight that a corporate strategy should meet the opportunities and threats in the organizations external environment. Competitive strategy should be developed based upon forecasting of the available information on the developing competitive environment and other threats faced .Porter was able to identify five competitive forces that that shapes the different industry and market. Porter five forces do was able to interpret the intensity of the competition and also the profitability and attractiveness of an industry. The corporate strategy is devised to improve the position of the respective industry in there market position as well as in brand form. Porter’s model provides the analysis of the driving forces in an industry. Based on the information derived from the Five Forces Analysis, management can decide on how to influence or to exploit particular characteristics of their industry. The Five Competitive Forces The Five Competitive Forces are typically described as follows: 1 Bargaining Power of Suppliers Suppliers comprises of all the sources for inputs that are needed in order to provide/produce goods or services. Supplier bargaining power is likely to be high when: 1. The market is dominated by a few large suppliers rather than a fragmented source of supply, 2. There are no substitutes for the particular input, 3. The suppliers customers are fragmented, so their bargaining power is low, 4. The switching costs from one supplier to another are high, 5. There is the possibility of the supplier integrating forwards in order to obtain higher prices and margins. This threat is especially high when 6. The buying industry has a higher profitability than the supplying industry, 7. Forward integration provides economies of scale for the supplier, 8. The buying industry hinders the supplying industry in their development (e.g. reluctance to accept new releases of products), 9. The buying industry has low barriers to entry. In these situations, the buying industry does face a high pressure on margins from their suppliers. The relationship to powerful suppliers can enormously reduce strategic options for the organization. 2 Bargaining Power of Customers Similarly, the bargaining power of customers determines how much customers can influence pressure on margins and volumes. Customers bargaining power is likely to be high when 1. They buy large volumes, there is a concentration of buyers, 2. The supplying industry comprises a large number of small operators 3. The supplying industry operates with high fixed costs, 4. The product is undifferentiated and can be replaces by substitutes, 5. Switching to an alternative product is relatively simple and is not related to high costs, 6. Customers have low margins and are price-sensitive, 7. Customers could produce the product themselves, 8. The product is not of strategically importance for the customer, 9. The customer knows about the production costs of the product 10. There is the possibility for the customer integrating backwards. 3 Threat of New Entrants If the competition in an industry is higher, the easier it is for other companies to enter this industry. In such situations, new entrants could create major determinants of the market environment (e.g. market shares, prices, customer loyalty) at any time. There is always pressure for reaction and adjustment for existing players in the industry. The threat of new entries will depend on the extent to which there are barriers to entry. These are typically 1. Economies of scale (minimum size requirements for profitable operations), 2. High initial investments and fixed costs, 3. Cost advantages of existing players due to experience curve effects of operation with fully depreciated assets, 4. Brand loyalty of customers 5. Protected intellectual property like patents, licenses etc, 6. Scarcity of important resources, e.g. qualified expert staff 7. Access to raw materials is controlled by existing players, 8. Distribution channels are controlled by existing players, 9. Existing players have close customer relations, e.g. from long-term service contracts, 10. High switching costs for customers 11. Legislation and government action 4 Threat of Substitutes A threat from substitutes exists if there is an alternative product with lower prices of better performance parameters for the same purpose. This could attract a significant proportion of market volume and hence reduce the sales volume for existing players. This category also relates to complementary products. Similarly to the threat of new entrants, the treat of substitutes is determined by factors like 1. Brand loyalty of customers, 2. Close customer relationships, 3. Switching costs for customers, 4. The relative price for performance of substitutes, 5. Current trends. 5 Competitive Rivalry between Existing Players This force describes the intensity of competition between existing players (companies) in an industry. High competitive pressure results in pressure on pricing, margins, and also, on profitability for every single company in the industry. Competition between existing players is likely to be high when 1. There are many players of about the same size, 2. Players have similar strategies 3. There is not much differentiation between players and their products, hence, there is much price competition 4. Low market growth rates (growth of a particular company is possible only at the expense of a competitor), 5. Barriers for exit are high (e.g. expensive and highly specialized equipment). Use of the Information from Five Forces Analysis Five Forces Analysis can provide valuable information for three aspects of corporate planning: Statistical Analysis: The Five Forces Analysis allows the user to determine the attractiveness of an industry. Also, it provides visibility on profitability. Thus, it helps to decide about the entry or exit from an industry or a market segment. Moreover, the model can be used to compare the impact of competitive forces on the own organization with their impact on competitors. Competitors may have different options to react to changes in competitive forces from their different resources and competences. This may influence the structure of the whole industry. Dynamical Analysis: If done along with a PEST-Analysis, which provides the drivers for change in an industry, Five Forces Analysis can help to give insights on the potential future attractiveness of the industry. Expected political, economical, socio-demographical and technological changes can influence the five competitive forces and thus have impact on industry structures. In general term to determine potential changes in competitive forces. Analysis of Options: With this knowledge on intensity and power of competitive forces, organizations could develop options to control them in a way so to improve  their own competitive position. The result could be a new strategic decision, e.g. a new positioning, differentiation for competitive products of strategic partnerships. Thus, Porters model of Five Competitive Forces gives a systematic and structured analysis on market and their structure and what likely be competitive situation. The model can be used on particular companies, market segments, industries or regions. Hence, it is needed to determine the scope of the market to be analyzed in a first step. Then, all relevant forces for this market are identified and analyzed. Though, it is not necessary to analyze all elements of all competitive forces with the same depth. The Five Forces Model is based on microeconomics. It also takes into account the supply and demand, complementary products and substitutes, the relationship between volume of production and cost of production, and market structures like monopoly, oligopoly or perfect competition etc. Influencing the Power of Five Forces After the analysis of current and potential future state of the five competitive forces, Users can search for options on how these forces influences in their organization’s interest. Although industry-specific business models will limit options, the own strategy can create different impact of competitive forces on organizations. The objective is to reduce the influence of competitive forces. The following figure provides some examples. They are of general nature. Hence, they have to be adjusted to each organization’s specific situation. The options of an organization are determined not only by the external market environment, but also by its own internal resources, competences and objectives. 4.1 Reducing the Bargaining Power of Suppliers 4.2 Reducing the Bargaining Power of Customers 1. Partnering 2. Supply chain management 3. Supply chain training 4. Increase dependency 5. Build knowledge of supplier costs and methods 6.   Take over a supplier 1. Partnering 2. Supply chain management 3. Increase loyalty 4. Increase incentives and value added 5. Move purchase decision away from price 6. Cut put powerful intermediaries (go directly to customer) 4.3 Reducing the Treat of New Entrants 4.4 Reducing the Threat of Substitutes 1. Increase minimum efficient scales of operations 2. Create a marketing / brand image (loyalty as a barrier) 3. Patents, protection of intellectual property 4. Alliances with linked products / services 5. Tie up with suppliers 6. Tie up with distributors 7. Retaliation tactics 1. Legal actions 2. Increase switching costs 3. Alliances 4. Customer surveys to learn about their preferences 5. Enter substitute market and influence from within 6. Accentuate differences (real or perceived) Drawbacks Porter’s model of Five Competitive Forces has been subject of critique for many years. Its main weakness results from which year it was developed. In the early eighties, the global economy. was characterized by cyclical growth Thus, primary objectives consisted of profitability and survival. A major prerequisite for achieving these objectives has been optimizing strategy in relation to the external environment. In early days, development  in most industries has been fairly stable and predictable, compared with today’s dynamics. In general, the meaningfulness of this model is reduced by the following factors: a. In the economic sense, the model assumes a classic perfect market. The more an industry is regulated, the less meaningful insights the model can deliver. b. The model is best applicable for analysis of simple market structures. A comprehensive description and analysis of all five forces gets very difficult in complex industries with multiple interrelations, product groups, by-products and segments. A too narrow focus on particular segments of such industries, however, bears the risk of missing important elements. c. The model assumes relatively static market structures. This is hardly the case in today’s dynamic markets. Technological breakthroughs and dynamic market entrants from start-ups or other industries may completely change business models, entry barriers and relationships along the supply chain within short times. The Five Forces model may have some use for later analysis of the new situation; but it will hardly provide much meaningful advice for preventive actions. d. The model is based on the idea of competition. It assumes that companies try to achieve competitive advantages over other players in the markets as well as over suppliers or customers. With this focus, it dos not really take into consideration strategies like strategic alliances, electronic linking of information systems of all companies along a value chain, virtual enterprise-networks or others. Overall, Porters Five Forces Model still has some major limitations in today’s market environment. It is not able to take into account new business models and the dynamics of markets. The value of Porters model is more that it enables managers to think about the current situation of their industry in a structured, easy-to-understand way – as a starting point for further analysis. Case Analysis Facebook Facebook (formerly [thefacebook]) is an online social networking service headquartered in Menlo Park, California. Its name comes from a colloquialism for the directory given to students at some American  universities.] Facebook was founded on February 4, 2004, by Mark Zuckerberg with his college roommates and fellow Harvard University studentsEduardo Saverin, Andrew McCollum, Dustin Moskovitz and Chris Hughes. The founders had initially limited the website’s membership to Harvard students, but later expanded it to colleges in the Boston area, the Ivy League, andStanford University. It gradually added support for students at various other universities and later to their high-school students Porters Five Force analysis on Facebook 1. The Power of Consumer Here customers are those company which are advertising in facebook. Being a large social network , it attracts a large number of advertisers who want to advertise in the platform. Hence, , the bargaining power of customer is low. , in later years if there is a new competion emergence power balance can vary. 2. The power of supplier: Users are the suppliers,As of 2012 report the users numbers are more than 1 billion globally. the power of suppliers is low. Here the suppliers have no other customer , that is there is no other availiable social sites hence they have to stand by facebook for the time being. 3. The threat of substitute products There are many upcoming products which is providing servie similar to that of facebook. Products such as Skype, WhatsApp, Google+, etc. are always a danger being substitutes for Facebook. Hence, the threat of substitute product is high. To maintain dominance, they always have to stay ahead of the tech ,also the trend and outperform possible substitute products. 4. The threat of new entrants The chance of new entray is high. There are always disruptive innovations happening in the social space. As a result new similar products keep creeping. Facebook especially needs to improve its product 5. The competitive rivalry: The field of social network is highly competitive. The most recent example was when Google launched social network Google+ that could be accessed by all Gmail users through the web as well as Android devices. Although Google+ has not been greatly successful in outwitting Facebook, we cannot rightly predict what lies ahead in future. Hence, the competitive rivalry that Facebook faces is high. REFERENCES http://en.wikipedia.org/wiki/Facebook http://www.slideshare.net/manan/firm-strategy-analysis-facebook http://www.businessballs.com/portersfiveforcesofcompetition.htm

Child Called It

Jalen Jones Mrs. Moore English 113 A 1/3/12 Book Summary A Child Called It by David Pelzer is a real life story about a boy who was brutally beaten and severely starved by his alcoholic mother. When David was young, he lived a well and typical life with his parents and brothers. However, his mother unexpectedly, became a monster, taking her anger out on her anger on her vulnerable child.David was forced to lie in freezing cold water with his whole body under except for his nostrils, forced to eat his own vomit, sleep in the basement under the stairs, stabbed, and forced to sit in the bathroom with a mustard gas solution while the door was closed. These are just a few of the brutal, tortuous games that David’s mother used to play. She treated him not like her son, but like nobody with no feelings or emotions. David’s mother would never call him by his name, she always either called him â€Å"The Boy† or â€Å"It† David experienced both psychological and phy sical abuse.In order to survive from his mother's sick games, David used willpower. David has a strong will to survive at any cost. Through all of mothers’ torturous games, David's internal strength began to come into view. Introduction to Interview David Pelzer’s story is the exact opposite of a fairy tale. There was something I couldn’t get right about him. He looked normal but his childhood wasn’t. The room was bright and warm. I sat there preparing my questions for David Pelzer. As he walked into the room and sat down in the chair, I wondered â€Å"is this going to be a dreadful, painful day for David Pelzer? I knew that today, skeletons will be brought out of the closet. Today, there will be secrets revealed. Interview Questions Okay David, let’s jump right in. What was mother like? Mother was†¦ Mother. She was an alcoholic who tortured and starved me for her sick pleasure. She would do things to me that you couldn’t possibly fath om. Once she stabbed m in the stomach and gave me a slightly longer time to complete my chores. But the person, who I loathed in that situation the most, was father. After I was stabbed I turned to him for help and I assumed he would rescue me. Boy was I wrong.He just sat there†¦ In his chair†¦ Continuing to read his paper. When I told him all he could say was â€Å"Jesus H. Christ! Does Mother know that you are talking to me? You better go back in there and do the dishes. Damn it boy, we don’t need to do anything that might make her more upset! I don’t need to go through that tonight†¦I tell you what: you go back in there and do the dishes. I won’t even tell that you told, okay? This will be our little secret. Just go back in the kitchen and do the dishes. Go on now, before she catches the both of us. GO! † That day I lost all respect for him.The day I was taken away from that house was easily the best day of my life. What was the worst th ing mother did to torture you? The worst form of torture? Easily the â€Å"Gas Chamber† I would be trapped in the bathroom with a solution of Clorox  ® and Ammonia. In case you didn’t know that makes Mustard Gas. This was used in WWI to burn your eyes and lungs. The only way to save myself was to push the bucket closer to the door, put one of my work rags over my face. The main reason why I would push the bucket toward the door was so that when Mother opened the door, she would get a taste of her own medicine.My eyes would be red and burning and my throat will be sore and will be blister filled. Every time she did this I would pray to god that he would bring me through this. I had much will power. When Mother opened that door after each session, I would sprint for fresh air, and every time she would get a kick out of it. What was mother like before the abuse? Before the abuse started, my family was the â€Å"Brady Bunch† of the 1960’s. When it came to h ousekeeping mother was a clean fiend. After feeding my two brothers and me breakfast, she would clean, disinfect, scour, and vacuum everything.She never believed in doing anything half way. Our flower garden was the envy of the neighborhood. Mother was an amazing cook. She would often cook foreign and exotic meals. One time she took us to china town and dove around the area. As we did this, she told us about the culture and history of the Chinese people. When we returned home, mom started the record player and played beautiful sounds from the orient. She decorated the living room with Chinese lanterns. That evening she dressed in a kimono and served an exotic yet delicious Chinese meal.She always kept the house filled with pets; cats, dogs, aquariums filled with exotic fish, and a gopher tortoise named Thor. I remember him the best because I named him after my favorite comic book hero. Boy those were the good days. While school was out, what did you do? During the spring time, mothe r made me mow lawns. I would go out and mow lawns all day for a quota mother had set. If I didn’t meet the quota, I would get brutally beaten. Sometimes I would have to ask for money to meet my quota. One Christmas, she bought me skates. They were not for pleasure but for torture.Mother would make me skate outside in the freezing cold for hours with no coat on. It was horrible. Even though people saw me, no one did anything or asked questions. Was there a time where you stopped believing in god or that faith was nonexistent? Yes there was. When my father left, I stopped believing. He was my hero. My father was my only main choice of escaping that misery home. When he left, I had no more hope. All faith of leaving was gone. When he left, I started to do my chores nonchalantly. I decided that if there was nothing to live for why try to be perfect? What was something you were extremely proud of during your childhood?One day I entered a competition to name the school newspaper. I had one the competition and Mr. Ziegler; my teacher had given me an award to take home to my mother. I was hoping that she would be proud of me but boy was I wrong. Mother jabbed her finger and my face and hisses â€Å"Get one thing straight you little son of a b****! There is nothing you can do to impress me! Understand me? You are a nobody! An It. You are nonexistent! You are a bastard child! I hate you and I wish you were dead! Dead! Do you hear me? Dead! † After mother tore the letter to pieces mother returned to her TV show.I stood motionless gazing at the letter which lay like snowflakes at my feet. Even though I heard those words over and over again, the word â€Å"it† stunned me like never before. She had stripped me of my very existence. What would you do to steal food? Sometimes I would steal from the grocery store during recess. I would run to the grocery store, steal food, and run out the store with my prize. One of my favorites was to go through lunch box es of other kids and steal some of their food. But teachers found out about that. On my way to school, I would knock on peoples doors saying† I lost my lunch, can you make me one? One day I knocked on the wrong door. It was a friend of mothers. She made me a lunch but she called mother. I prayed all day that she didn’t call mother. When I got home I paid for what I did. Do you have any advice for people who get abused? Of course. Keep the faith. Always know there is a higher power helping you through the situation. Keep your head up. In time everything will get better. It did for me. I stopped believing but that only got me more torture. Just always know things will get better. Things always turn out in the best. Always remember that.

Law vs. Ethics ( In Training) Business Law Assignments Essay

Law vs. Ethics ( In Training) Business Law Assignments - Essay Example This diversity is also evident especially when according to one person or group, a certain behavior may be unethical or unlawful, but to the other it is acceptable. Ethics comprise of â€Å"divine† behaviors, which an individual ought to do to others, and expect a similar reciprocation despite many of them lacking tangible documentation. Conversely, laws are universal, consistent, legislated, written and accepted directives whose core purpose is to show the government’s position concerning a society’s behavior. Despite laws and ethics being applicable in all occupations entailing human life, they do not have a common standard (Kerridge, Lowe and McPhee 84). Since, the relationship amid the two in some circumstances usually differs despite both having a similar core purpose. For illustration, in some instances what many people perceive to be illegal may be ethical or vice versa whereas in other occasions both the law and ethics overlap. This is evident in the medical field where the law compels the doctor to act as necessitated in providing the necessary assistance to the ailing person, which is also in accordance to ethics (Kerridge, Lowe and McPhee 594). However, it is not a law for the doctor when he or she is unable to handle a certain patient’s condition to refer him or her to a more experienced specialist (Kerridge, Lowe and McPhee 151). This is an ethical responsibility where the doctor acts compassionately to help the patient. The doctor could wait for the hospital’s m anagement to dictate the patient’s next move according to the patient’s progress records. Hence, implying laws are ethically neutral. This is because there is no room where law enforcement process can compel the specialist to act at his or her level best given that ethics emanate from a person’s moral values (Kerridge, Lowe and McPhee 146). In addition, laws compared to the ethics are stricter and entail full conformity where one fails to comply with them. Therefore, one is

Compare and contrast two people you know well Essay

Compare and contrast two people you know well - Essay Example One is my friend Mr. Pete and the other is my friend and cousin Prof. Jilmatt. Mr. Pete is an ardent social worker who attributes his generous nature to his family and multicultural society in which he was born and brought up. He spent his childhood with his loving parents, and friends of different ethnic groups. His parents belonged to a middle class White family who were staunch supporters of Catholic faith. In addition to religious insight, they both had good background of college education which added to Pete’s social concern. He is not only little lenient to moral failures but also exceedingly formal; and always maintained the dignity of his family throughout his life. Though people used to criticize him for his obsessional behavior, his sense of responsibility and discipline has had a strong influence on my life. Pete valued friendship and always maintained good social contact. He is well aware of the problems of common people and has clear opinion on social issues. He is an excellent speaker who also takes part in political campaigns. Although he was born to catholic parents, he actively participated in social issues irrespective of their ethnic variance. However, the most unfortunate thing about him is that he is half blind who could never read anything since his childhood. However, people who are only very close to him could identify this deformity; and obviously his will power enabled him to manage this. All his social contacts have helped him to build up a successful business based on agricultural products and equipments. Prof. Jilmatt is an aberrant character who could speak and write more than seven languages fluently. He is famous (notorious?) for his vociferous nature and careless life style. Common people could hardly understand the real versatile. He is little consistent with his career as a professor and is often catapulted from

Fatigue problems facing pilot crewmembers in today's aviation world Essay

Fatigue problems facing pilot crewmembers in today's aviation world - Essay Example Fatigue has significant physiological and performance consequences because it is essential that all flight crewmembers remain aware and play their role in flight safety by their observations and actions. As fatigue is a safety concern, this discussion will describe the symptoms of fatigue along with its physical and psychological effects specific to airline pilots. Fatigue is a normal response to many conditions customary to flight procedures because of the sleep loss due to erratic shift work and long duty rotations. Many factors can contribute to fatigue in the commercial aviation environment but the term, ‘fatigue,’ has yet to be defined in a tangible manner. In reference to human functioning capabilities, fatigue refers to deterioration in human performance, arising as a consequence of several potential factors, including sleepiness resulting in a decreased ability to maintain function or workload due to mental or physical stress. Sleepiness has a less ambiguous definition. â€Å"Sleepiness, according to an emerging consensus among sleep researchers and clinicians, is a basic physiological state (like) hunger or thirst. Deprivation or restriction of sleep increases sleepiness and as hunger or thirst is reversible by eating or drinking, respectively, sleep reverses sleepiness† (Roth et al, 1994). The term has been descri bed as a range of experiences such as sleepy tired or exhausted. Sleep loss and circadian rhythm interruption, (a disturbance of the normal sleeping pattern), are the two major physiological phenomena that have been demonstrated to create fatigue. The only effective treatment for fatigue is adequate sleep (Caldwell, 1997). Many conditions contribute to fatigue including the length of time awake, the amount of continuous time doing a task, the lack of sleep and circadian rhythm disruption. As fatigue progresses it is responsible for increased errors judgment, followed by

Environment and Space Assignment Example | Topics and Well Written Essays - 750 words

Environment and Space - Assignment Example It is free from column ensuring maximum visibility from inside where the glass facades provide an attractive recreation environment. However, the building has an impressive multi-purpose banqueting hall that can hold approximately 2000 people in comfort. In addition, it has a landmark high office tower, a five star hotel, a retail mall, car parking, and residential accommodations (Stevenson, 1997). The Alfaselaya building is designed and supervised by a joint venture between Buro Happold and Foster and partners. The Buro Happold has a wide number of services such as design for construction and fit out, inspirational design, integrated design, intelligent reuse of sites and buildings, efficient and green design, and operational effectiveness of buildings. On the other hand, the foster and partners is one of the integrated design and innovative architecture practices in the globe. The practice has opened up a sustainable architectural approach over the past 4 decades. This is evident from it work that range from urban masterplans, airport, public infrastructure, offices and workplaces, civil and cultural buildings to product design an private houses (Stevenson, 1997). The Buro Happold and Foster and partners ventures came up with a thorough plan in designing of the Alfaselaya complex to ensure error free fit out and construction. There are a number of design directions provided by the two ventures. The first one was providing quality architectural design to ensure that the quality of Alfaselaya’s surrounding had a quality influence on peoples’ lives. The second one was environmental engineering design. The environmental engineers formed an integral part in ensuring electrical, mechanical and fire protection of the building (Stevenson, 1997). The third one was ensuring proper structural engineering. They came up with seismic and dynamic design to form a geometrical and conventional structure. The next one was coming up with a design that ensured

Preschool Classroom Multicultural Classroom Essay

Preschool Classroom Multicultural Classroom - Essay Example Teachers must be careful in communicating messages to children that they may receive as prejudiced against a particular culture or minority in the class population. York (2006) claims that stereotypical messages have powerful impact on children’s perception of reality, and may lead to the development of prejudice. For example, only having â€Å"white† dolls and not â€Å"black† may tell children that black people are not worthy to be used as models in learning. Hence, it is important to choose classroom materials and activities wisely to promote social skills and social action instead of prejudice. Narahara (1998) discusses how gender stereotypes in books can affect children. She contends that storybooks provide role models for children in defining standards for feminine and masculine behavior, and books that have stereotypical content for gender. On the other hand, non-sexist books encourage the development of positive self-concept, attitudes and behavior. Bainbridge, Pantaleo and Ellis (1999) suggest that multicultural books be included in the repertoire of classroom materials claiming that multicultural children’s literature supports and encourages tolerance and understanding among children. Books should reflect characters from the same culture as the students’. Examples of story themes are protagonists who dealt with race issues and children who solved problems successfully. Lesson plans should incorporate culturally relevant ideas in each diverse classroom (Edwards & Kuhlman, 2007). Classrooms that reflect multicultural themes display materials that promote peace and respect for all people such as posters advocating peace and non-violent resolutions to conflict and pictures of people from various racial and cultural groups. Exposure to these materials instills positive social values in children. Likewise, allowing them to interact with non-stereotypical and multicultural materials such as multiethnic block play people,

In what ways has technology ended the physical and intellectual Research Paper

In what ways has technology ended the physical and intellectual isolation of Americans - Research Paper Example revolution. This â€Å"technological determinism† incorporated technology and science in impacting the society and its processes; thus widely accepted by progress-oriented Americans. Believers of humankind’s steady moral and material improvement such as Thomas Jefferson and Benjamin Franklin championed the pursuit of science and technology for human betterment. The twentieth century commenced with the advent of professional advertising associated with dominance of technology. Challenges were however unavoidable especially with the social, economic and emotional effects that technological change posed on human life. While adherents were constantly swayed by its dynamism, scholars of technology and culture wondered how something so evidently wrong-headed attracted so much attention. It is therefore evident that the leaders of the eighteenth-century Enlightenment in their faith and enthusiasm toward technology as a liberating force perceived technological determinism as an intellectual heritage. Additionally, the proponents and skeptics in addition to conjuring the deterministic thinking both believed that technology and science were powerful social change agents.

Research Paper 1 Essay Example | Topics and Well Written Essays - 3750 words

Research Paper 1 - Essay Example the client acted on advice of counsel". Some of its derivatives include, but are not limited to, advisory counsel, appellate counsel, assigned counsel, corporate counsel, general counsel and King's Counsel. Under the Old Testament the word "counsel" and its derivatives, (which include "counselor") appear 118 times along the span of a number of constituent books that, on the whole form the first part of the Bible. Some of these Books (along with a selection of the references) are listed herein below.2 Please note that the relevant words are italicized and that, more importantly, these are not an exhaustive list.3 "An adviser (Proverbs 11:14; 15:22), a king's state counsellor (2 Samuel 15:12). Used once of the Messiah (Isaiah 9:6). In Mark 15:43, Luke 23:50, the word probably means a member of the Jewish Sanhedrim." It is clear, whether used as a verb, or a noun, the term "counsel" remains remarkably similar in use and in definition, as exemplified in the references above, to the definition provided by Black's Law Dictionary. It is to this extent, that we may deduce the word to mean "advice" or "advice"/"advisor". Furthermore, please note the use of the term in the New Testament. As mentioned above, the references are only to provide a guideline of what is the prevalent position of the term and are not a conclusive list of its appearance in the New Testament.5 It is clear that the use of the term does not differ much from its use in the Old Testament. It is to this effect, that it can seen that the use of the word "counsel" to be synonymous with the word advice. On a clear and literal interpretation of the word, counsel and advice, or, in addition, counselor and advisor mean much the same thing. Healing through Jesus Christ has many biblical examples like the story of the healing at the pool of Bethesda in John 5:2-15. "In these lay a great multitude of sick people, blind, lame, paralyzed, waiting for the moving of the water," (John 5:3 ). The word wisdom is generally associated with its root word "wise", which is defined Showing good judgement or the benefit of experience." although this takes the form of the adjective; the noun is defined by Wiktionary6 as either the element of personal character that causes one to distinguish the wise from the unwise, a piece of wise advice, the discretionary use of knowledge for the greatest good.7Furthermore the Dictionary also describes it as the ability to apply relevant knowledge in an insightful way, especially to different situations from that in which the knowledge was gained. According the Oxford English Dictionary wisdom is the capacity to judge rightly in matters relating to life and conduct and allowing soundness of judgement in our daily decisions in a more practical way. Wisdom is defined by Easton's Bible Dictionary as: "A moral rather than an intellectual quality. To be "foolish" is to be godless (Psalm 14:1; Comp. Judges 19:23; 2 Samuel 13:13). True wisdom is a gift from God to those who ask it (Job 28:12-28; Proverbs 3:13-18; Romans 1:22; 16:27; 1 Corinthians 1:17-21; 2:6-8; James 1:5). "Wisdom" in Proverbs 1:20; 8:1; 9:1-5 may be regarded not as a mere personification of the attribute of wisdom, but as a divine

Different Moral Standards Essay Example | Topics and Well Written Essays - 2250 words

Different Moral Standards - Essay Example They took advantage of the changing social norms and values. Since women were entering employment, they believed that they could sell packaged food very well. GMC was concerned only with increasing profits and this was communicated to the Pillsbury-Green Giant Group. Green Giant would have to relocate to Mexico in order to ensure profits. Pillsbury accepted the deal against a payment. In this case, the moral standards of three groups differ with each other and the fourth to be considered is that of the local people of Mexico. It is difficult for Green Giant not to take any action because of remaining passive they would be harming the interests of the stakeholders. The conflict has to be understood and resolved by all parties involved. The goal of GMC was profiting no matter how it was achieved. They were least concerned if the personal values of any group would have to be compromised with. They valued profits and they could apply the management style of ‘light but firm hand on the throat’ to achieve this end. Using this style would not make them feel guilty of committing a wrong. This clearly demonstrates that they give priority to profits over any other values. The goals of Giant Green had to undergo a change to swim along with the demands of the new company. The cultural and religious traditions of both the groups differ which affects the decision making process. GMC is a British company while Green Giant has its roots in Minnesota and California. Since the economic situation of GMC had deteriorated, they were willing to compromise on their values as this gained priority. Thus an ethical solution becomes imperative which causes the least harm and maximum good to the different groups of people involved in this case. The goal of Green Giant-Pillsbury was to maximize profits but their norms differed. The values of the executives of the Pillsbury group differed from the GMC.  

Individual Learning Project Essay Example for Free

Individual Learning Project Essay The organization selected for analysis and evaluation is American Lake Credit Union. This organization is composed of two main branches, both located in Tacoma, Washington. In contrast to banks, Credit Unions are smaller organizations and are directed by members who are selected via a vote to serve in an all-volunteer board of directors for the organization (Scott, and Johnston, p.2, 2011). Specifically, this credit union was founded in 1948 and has grown since then. (C. Fitzer, personal communication April 7, 2014). For instance, although the organization is small in size through a partnership with a credit union network, it is able to provide general financial services at diverse locations throughout the country (CO-OP Financial Services, 2013). In addition, the active CEO Fantz (2013) asserted that the organization’s mission is to â€Å"provide a variety of quality services to a diversified membership while maintaining financial soundness†; additionally, they currently reported close to 50 billion dollars in assets on organization’s balance sheet. Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis Arumugam, Chang, Ooi, and The (2008), emphasized that in order to facilitate the drive towards high performance, many companies are using self-assessment tools to measure their current position and develop strategy in order to asses where they are and where they want to be within their industry. (p.141). SWOT analysis is one of this tools or processes. Boone and Kurtz (2006) defined the concept of SWOT analysis as a methodical approach to develop strategy as it compels managers to do an internal reality check, and an analysis of the external environment (p.274-275). This assertion is echoed by Blocher, Stout, Juras, and Cokins (2013) in which the scholars lectured the process of SWOT analysis as a process that provides the opportunity to methodologically examine internal and external factors in order to complete a self-assessment of the organization, and examine the environment in order to create a solid foundation for sound strategy for the organization (p. 36-38). The general quadrants of a complete SWOT analysis are strengths, weakness,  opportunities, and threats. These are listed in Table 1 for American Lake Credit Union. Table 1 Strengths -High quality aggressive employee training programs parallel with organization high audit and regulatory compliance rates -Membership to CO-OP Shared Branch Network 1 -Local Market Position/Community Relations Program -Cost Advantage and Pricing compared to banks -Physical Locations -Strong and Experienced Managers Weaknesses -Employee Turn-Over -Requirements to become a member -Lack of Market Differentiation as it relate to financial Services2 -Only two physical branches -Lack of a business/Market Development Section -Technology, bad turn around in communications equipment repair, need to redo contract for local IT Support Opportunities -Online Market -Branch Expansion -External Training Program -Rotating Customer Base in the local installation -College population in nearby universities -Available location for Branch at Air Force Location Threats -Military drawdown (long term), affect main target market -More exposed to economic issues (recessions) than bigger organizations due to limited size -Loss of one segment of the market with the deactivation of 4-2 Brigade Combat Team -Columbia Bank Plans to Open Facility in the immediate area 2 -Cyber Crimes External Note. Lists Adapted from (C. Fitzer, personal communication April 7, 2014) with the exception of: 1. CO-OP Financial Services. (2013). What is CO-OP ATM and CO-OP Shared Branch?. Retrieved from http://co-opsharedbranch.org/participating-cus/ 2. (C.H. Chapman, personal Communication April 8, 2014) This source is a marketing consultant for non-profit organizations, has worked closely with the American Lake Credit Union, and provided fresh feed back into the credit union during the interviews. A brief discussion of Table 1 is provided below: In the area of strengths the one of the most important strengths provided during the interview was their current training program for federal  regulatory compliance, this put the organization at an advantage even with more developed organizations In the area of weaknesses, the biggest challenge was employee turnover. Even with the recession and the current job market good talent could and can be found, but it is hard to retain with the current compensation and benefit plans offered In the area of opportunities, the online market presents a strong market that the organization has not exploited as much as they could In the area of threats, the main target market of the American Lake Credit Union is the current drawdown within the Department of Defense structure, in the short term, the population have currently lost 1400 service members and their families, in the long term more loses in market are expected (C. Fitzer, personal communication April 7, 2014) American Lake Credit Union Balanced Scorecard Soderberg, Kalagnanam, Sheehan, and Vaidyanathan (2011) presented the balance scorecard as a strategic planning procedural tool used by organizations to balance financial concerns, customer concerns, process concerns, and innovation concerns with the main purpose of developing appropriate strategy in favor of a more favorable market position (p. 689-690). Similarly, Lawrence and Webber (2008) illustrated the process as a concoction of focused key quadrants, people and knowledge, internal, customer, and financial indicators with the main purpose of developing metrics to measure all areas of performance (p.79). In the case of American Lake Credit Union, interview and analysis with C. Fitzer and C.H. Chapman provided enough data to produce the balanced scorecard depicted in Table 2 below. -Reduce Exposure to default Loans -Cash Flow/Balance Sheet -Selected cost savings in utilities and materials -Reduction in days for accounts receivable -Customer Service/Satisfaction -Customer Loyalty -Trend in Customers that transferred direct deposit accounts -Customer Surveys (Measured Quarterly (QTLY)) -Mystery Shopper feedback to manager -Trend in returning customers Number of Customer complaints -10 new customers a week (Account Holding) -10% increase in market share by end of fiscal year 2015 -95% Satisfaction on surveys per quarter -100% satisfaction in mystery shopper experience -Less than eight percent customer complaint rate quarterly -Participate in community awareness events -Sponsor small activities for customers -Provide Western Union Services at discount to customers with direct deposit to the institution -Open new Branch at local AF Base -Implement Secret Shopper Program -Implement Customer Service Training Table 2 (continued) General Quadrants Critical Success Factors/Goals Metrics/Measured Trends Towards Goals Goal Initiative Internal Process -Processes Efficiency and Quality -Productivity when doing direct customer interactions -Number of errors in financial processes -Cycle time/customer wait time -Time spent doing internal tasks -Less than 5 errors per shift -Less than 10 minutes from check in to check out for customers regarding of the time of the day -Decrease time doing internal tasks by 25% without loss of quality -Implement lean six sigma principles -Sustain compliance Training Program -Integrate yearly refresher for all employees (training will be employee led) Learning and Growth -Skill Development and Sustainment -Competitive Benefits/Compensation -Employee Access and Input in Strategic Planning -Number of errors in financial processes -Employee Surveys -Employee Turn-over rates -90% employee satisfaction rate in surveys -Minimize employee turnover rate by % by 50% FY 15 -Integrate yearly refresher for all employees (training will be employee led) -Implement a more comprehensive benefit package for employees, main target is well performing and those with longevity -Involved Employees in strategy development and asked for feedback on current decision Note. Lists Adapted from (C. Fitzer, personal communication, April 7, 2014) with the exception of: 1. CO-OP Financial Services. (2013). What is CO-OP ATM and CO-OP Shared Branch?. Retrieved from http://co-opsharedbranch.org/participating-cus/ 2. (C.H. Chapman, personal communication, April 8, 2014) This source is a marketing consultant for non-profit organizations, has worked closely with the American Lake Credit Union, and provided fresh feed back into the credit union during the interviews. Discussion of Critical Success Factors (CSFs) Blocher et al. (2013) defined critical success factors as â€Å"measures of the aspects of the firm’s performance that are essential to its competitive advantage and therefore to its success† (p. 898). Tables 2 depicted the selected CSFs within the standard four quadrants of the balance score card, and these are discussed in detail below. Financial The financial success factors are important because these defined the aspect of the main purpose of a business, to make a profit. The specific CSFs within the financial quadrant and the rational for their selection are explained below. Increase Gross Profit. This was selected by the interviewed organization representative because in her professional opinion it was the best way to determine the effectiveness and financial health of the organization (C. Fitzer, personal communication, April 7, 2014). Furthermore, in accordance to Bloomsbury Information (2009), this an important factor to consider because a high gross profit margin ratio, high gross profit margin ratio indicates that a business can make a reasonable profit on sales, as long as overheads do not increase. Investors pay attention to the gross profit margin ratio because it tells them how efficient your business is compared to competitors. It is sensible to track gross profit margin ratios over a number of years to see if company earnings are consistent, growing, or declining. For businesses, knowing your gross profit margin ratio is important because it tells you whether your business is pricing goods and services effectively. Reduce exposure to default loans. The concept implies reduction of credit risk. The term credit risk is illustrated by He and Xiong (2012), as the risk the organization takes when issuing a loan; furthermore, if the organization’s loan or debt market deteriorates, and loans go into default the organization would take loses in its investment (p. 391). This is important because if this risk is identified and mitigated in an effective way the organization will not be as exposed to financial loses. Customer Factors This specific quadrant addresses the customer and objectives to increase or develop value and differentiation from the point of view of the customer (Beard, 2009, p. 279). Specific CSFs for the organization in this specific quadrant are as follows. Prospective customer perspective towards the organization- This refers specifically for that segment of the market that are not customers of the organization yet. Lautenslager (2003) reported that aachieving a good perspective from this outer segment will allow the organization to attract new customers, expand its market, and build the  organization as an attractive brand which can translate in to new business and profits. Customer Service/Satisfaction- This term refers to the extent that the clientele is pleased with the product line or service provided by the organization. As a general concept this is important because if the customer is unhappy is likely that he would not comeback; furthermore, it is likely that he will walk away, repel other prospective customers, or even existing customers (Naik, 2011). Customer Loyalty- This objective is one of the fundaments of many business organizations. This is extremely important for any organization because once customer loyalty is achieved, these customers will purchase the organization’s products and services repetitively, the more loyal the customer, the harder it will be for a competitor to draw him, and they can provide a good source of advertising and new customers by word of mouth. (C.H. Chapman, personal Communication April 8, 2014). Internal Process Internal processes are another part of the quadrant that when disregarded can cost the organization in terms of effectives, quality, gross margin, and revenue. It refers to those processes that are internal to the organization, like appraisals, self-audits, customer interactions, and quality checks for example. Processes Efficiency and Quality- This area refers to the internal processes of the organization, for example, it was mentioned during the interviews that that one employee on the organization creates a weekly balance sheet, and that job usually takes about one hour. Streamlining this and similar other processes save the organization on employee hours that could be used for customer care or employee training (C. Fitzer, personal communication, April 8, 2014). Productivity when doing direct customer interactions- This refers to the amount of time that it takes to do a customer transaction from the moment that they enter the facility until they are complete. It may take a customer about 20 minutes during the busy time of the day to perform the transaction due to crowding. Altering the way the organization conduct some of this processes will allow for the â€Å"line† to move faster, and affecting the customer satisfaction factor. Learning and Growth The quadrant of learning and growth is fundamental to the American Lake Credit Union because of the environment in which financial organizations operate in our time. Constant changes to the financial regulations at the state, and federal levels, added to the technological advances call for continuous organizational development in order to remain relevant with the environment. Therefore, developing a learning collective workforce and retaining this work force is fundamental to any business organization today. The specific CSFs on this quadrant are discussed below. Skill Development and Sustainment- Currently, the organization has a very strong training program in the areas of federal compliance. The intent is to sustain this strong program, and enhanced it by adding employee training in new technologies, internal processes, and customer service; moreover, ensuring the program is employee led and centric, thus, giving a sense of ownership to the workforce (C. Fitzer, personal communica tion, April 8, 2014). Competitive Benefits/Compensation- C. Fitzer (personal communication, April 8, 2014) mentioned that this was one of the main employee complaints in regards to the employee programs within the organization. Implementing, a more comprehensive benefits/compensation plan will ensure that employee turnover rate is minimized and allow the organization to retain the experienced employees. Employee Access and Input in Strategic Planning- Allowing employees to have more impute on the decision making process for the organization will give management a fresher perspective that can be valuable when making those decisions. Plus, it will give sense of ownership to the workforce constraining any resistance to strategic changes. Evaluation of American Lake Credit Union in Achieving its CSFs Financial Any for profit organization is always on the look to increase its profit and solidify or expand its market position. Firstly, the risk reduction initiatives of education and member involvement combined with market expansion should facilitate the current goal of 10% increase in gross profit margin by the end of FY 15 (personal communication, April 8, 2014). Examining the balance Sheet quarterly will allow the organization to follow up and address trends that would constrain this goal. Currently, on the last quarter they were down by 2% from the quarter before, but on this quarter they are up 4% (personal communication, April 8, 2014). This may sound like a wave of percentages, but taking other factors into consideration as the  proposed expansion to the local AFB, cutting unnecessary costs on internal processes and supplies, initiatives to reduce cycle time for accounts receivable, and other initiatives within Table 2 an increase of 10% gross margin by the end of FY 15 is a realisti c and achievable goal for this organization. Customer Satisfaction Customer satisfaction will be measured monthly, analyzed and evaluated quarterly, taking in to consideration trends in customers that transferred direct deposit accounts, customer surveys, mystery shopper feedback, and trends in returning customers (C. Fitzer, personal communication, April 8, 2014). Currently’ the organization have a high customer satisfaction rate with survey results depicting up to 88% on all customer surveys and only three formal complaints last quarter (C. H. Chapman, personal communication, April 8, 2014). This fact combined with the implementation of the secret shopper program on the first quarter of FY 15, and the customer care training program initiatives will give a customer care advantage to the organization over other local competitors (C. Fitzer, personal communication, April 8, 2014). On the other hand, although the process for customer complaints seemed to be effective at the collection and solving states, there was no current intent on adding these as part of the customer care training program. This was recommended by this author to the manager under interview. Using an objective approach, after taking into consideration the current customer satisfaction trends and rates, the upcoming initiatives, it can be assessed that the goal of 95% customer satisfaction rate will be achieved and likely surpassed by the end of FY 15. Internal Process American Credit Union is looking to reduce errors in internal processes, increase effectiveness in customer processes, and decrease the time doing internal tasks. The current goals of less than five errors per shift, less than 10 minutes from check in to check out for customers regarding of the time of the day, decrease time doing internal tasks by 25% without loss of quality are achievable, but will require commitment of the leadership and the workforce. For instance, sustaining the current regulatory compliance training program, and implementing lean six sigma principles should provide  the tools to succeed in this area. However, with all the other initiatives on the horizon, and the plans for expansion in to the local AFB it will require extra effort for the organization as a collective to achieve those goals without de-prioritizing other initiatives. Learning and Growth In the case of American Lake Credit Union a robust education and training program, a more comprehensive concoction of compensation and benefits will translate into the development of a better and brighter workforce, and the retaining of this work force. This will be measure by taking into consideration the number of errors in financial processes, employee Surveys, and employee turn-over rates. Some of the initiatives on this area such as consider input from employees in strategic decisions and sustainment training will sharply motivate employees within this area. Moreover, the current goal of 90% employee satisfaction rate in surveys and to minimize employee turnover rate by 50% by FY 15 is very achievable if this area is somewhat prioritized by management. However, as reported in the article Putting People First (2011), management must keep in mind that newly trained and educated employees will take their knowledge and new skill sets somewhere else for better pay and or benefits, if the proposed compensation and benefit packets are implemented (p.25-26). Final Thoughts The purpose of this document was to provide a short description of American Credit Union along with a SWOT Analysis, Balanced Score card, and discussion of these. It can be assessed with the information provided that although there are challenges ahead, the current financial status of the organization selected is healthy and the ambitions for the future achievable as they exploit their strengths, their environment, and address their weaknesses. Lastly, as long as the management remained focused, committed, and is able to maintain the workforce motivated it is likely that the organization will achieve its goals. References Arumugam, V., Chang, H., Ooi, K., and Teh, P. (2009). Self-assessment of TQM practices: a case analysis, The TQM Journal, 21(1), 46 – 58. Retrieved from http://www.emeraldinsight.com.ezproxy.liberty.edu:2048/journals.htm?articleid =1766744show=abstract#sthash.TkDGZoZ7.dpuf Beard, D. F. (2009.). Successful applications of the balanced scorecard in higher education. Journal of Education for Business, 84(5), 275-282. Retrieved from http://go.galegroup.com.ezproxy.liberty.edu:2048/ps/i.do?id=GALE%7CA199801168v=2.1u=vic_libertyit=rp=AONEsw=wasid=0a844270d80075c057b128b38e50a6e7 Blocher, E., Stout, D. S., Juras, P.E., Cokins, G. (2013). Cost Management: A Strategic Emphasis (6th ed.). New York, NY: McGraw-Hill Irwin. Boone, L. and Kurtz, D. (2006). Contemporary Business. Mason, OH: Thomson South-Western CO-OP Financial Services. (2013). What is CO-OP ATM and CO-OP Shared Branch?. Retrieved from http://co-opsharedbranch.org/participating-cus/ Fantz, E. (2013). Annual Report. Retrieved from http://www.americanlake.org/pdf/annualreport.pdf Bloomsbury Information. (2009). Gross profit margin ratio. Retrieved from http://www.liberty.edu:2048/login?url=http://literati.credoreference.com.ezproxy.liberty.edu:2048/content/entry/qfinance/gross_profit_margin_ratio/0 He, Z., Xiong, W. (2012). Rollover Risk and Credit Risk. Journal of Finance, 67(2), 391-429. Lautenslager, A. (2003), Why You Need PR: Getting the word out about your product or service should always be a priority. Retrieved form http://www.entrepreneur.com/article/65672# Lawrence, A.T., and Weber, J. (2008).Business Society Stakeholders, Ethics, Public Policy (12th ed). New York, NY: McGraw-Hill Irwin. Naik, A. (2011). Why is Customer Satisfaction Important. Retrieved from http://www.buzzle.com/articles/why-is-customer-satisfaction-important.html Putting people first. (2011). Develop ment and Learning in Organizations, 25(1), 25-27. doi:http://dx.doi.org/10.1108/14777281111096816 Scott, K., and Johnston, C. R. (2011). Factors affecting the adoption of consumer oriented information technology biometrics solutions by the credit union industry. Journal of Technology Research, 2, 1-13. Retrieved from http://search.proquest.com/docview/887909140?accountid=12085 Soderberg, M., Kalagnanam, S., Sheehan, N., and Vaidyanathan, G. (2011) When is a balanced scorecard a balanced scorecard?, International Journal of Productivity and Performance Management, 60(7) 688-708

Specific Humoral Immunity B Cells Biology Essay

Specific Humoral Immunity B Cells Biology Essay The immune system is also known as the human defence system; it is made up different cells, tissues, proteins and organs which come together to play different roles in protecting the body from pathogens which are brought about by microorganisms such as: bacteria, parasites and viruses. The main cells which support the immune system include: phagocytes (white blood cells) and lymphocytes. In this section of the assignment, I will highlight the main functions of the immune system; looking specifically at how the cells of the immune system deal with infections after injuries and how this immunity is maintained in the bodys system. How the immune system responds to an infection after a cut in the finger: The human immune system responds to an infection after a cut by the process of inflammation. Inflammation is a non-specific defence response where blood and white blood cells called phagocytes are delivered to the hurt area in order to take immediate action against all kinds of pathogens which have invaded the body. After microbes and other external substances have entered the open cut, a blood clot will be produced to seal the wound in order to prevent other microbes from entering. After this barrier is placed forward, the process of inflammation can then take place effectively: Infected cells such as: mast cells and basophils start to produce chemical mediators such as: histamine. When the histamine is released, it helps increase the blood flow by widening the capillaries and arterioles which in turn increase the amount of oxygen and nutrients needed for inflammation to take place effectively. Increased blood flow also means that there will be more tissue fluid due to the pressure; this formation will not only carry the dead tissue and cells, but will allow them to drain away into the lymphatic vessels. Likewise, the increased permeability of the capillary walls allows the antibodies, white blood cells and plasma fluid to break through the walls and into the swelling tissues (tissue oedema). To finalise the healing process, the histamine attracts the white blood cells (phagocytes) sending them to the injured area where they engulf the microbes; some phagocytes, such as the neutrophils will consume them before dying to form a liquid like substance called: pus. In order to clear the area for new growth, the macrophages will also consume and absorb the microbes. How this immunity is maintained: Immunity is maintained by the adaptive response system (specific), where specialised white blood cells (lymphocytes) work with the phagocytes in order to identify specific antigens on the surface of microbes before they have a chance of invading the body. The two types of lymphocytes that play a part in maintaining immunity are: B-cells and T-cells. Just like B-cells, T-cells are generated in the bone marrow, but the only difference is that they develop in the thymus. Being cell-mediated, these cells will detect antigens both outside the blood and inside the cells before eliminating them. Whether on the outside or inside the cell, the macrophage will present the antigen directly to the T-cells as its surface receptor for stimulation. Following this stimulation, the T-cell will differentiate into four specialised cells which all work differently to maintain immunity: Memory T-cells= these act in the same manner as the memory B-cells to ensure that when the same antigen comes around it is dealt with quickly. Helper T-cells= these work with B-cells to make antibodies and produce a chemical called: cytokines which enables killer T-cells and macrophages to do their job properly. Killer T-cells= these attach to the antigen and demolish it. Suppressor T-cells= these turn off the whole process to prevent damaging effects of the immune system. Likewise, the B-cells are made and grown in the bone marrow and being antibody-mediated (humoral), they will secrete antibodies as surface receptors to help detect antigens in the blood and outside cells. When the antigens have been detected, the T-helper cells will work with the B-cells to expand into other functional cells known as: plasma cells and memory B-cells. The plasma cells will secrete antibodies which will in turn attach to the antigens making them targets for the macrophages as antigen presenters to take to the T- killer cells in order to be demolished. For memory and recognition, the B memory cells will ensure that when the same antigen pops up it is dealt with quickly. For example, once someone has recovered from chicken pox, next time this antigen wants to attack the memory B-cells will recognise the antigen and will instruct the bodys defence mechanisms to attack the antigen with the required amounts of T-killer cells; therefore the body would have a fast and effective way of dealing with the chicken pox to maintain immunity. Task 3 (D2) In order to protect the body against pathogens, the immune system responds in two different ways: non-specific (innate) and specific (adaptive). This section examines and contrasts the dexterity and adeptness of the role of each defence mechanism. The innate (normal) defences are known as immediate because they act quickly to help prevent any type of microbe from invading the body. Whereas adaptive (adjusted) defences only target specific pathogens and due to their delayed response they have to first examine the pathogens before taking action. Non-specific defences: Firstly, the non-specific defence mechanism fall into two categories the first and second line of defence. The first line of defence is made up of physical and chemical barriers; the second line comes under cellular defences such as: inflammation and phagocytosis. The first line of defence also known as external, can be split up into: skin, mucous membranes, secretions and natural substances such as: lysozymes and saliva. The skin and mucous membranes have different characteristics which allow them to keep the microbes away from the surfaces of the body. The skin consists of a strong outer layer which is made of different cells in particular cells covered in a protein substance called: keratin and tissues such as: connective and epithelial tissues which all come together to prevent any microbe from breaking into the skin. This process is aided by the secreted antibacterial sweat and sebum on the surface of the skin. In the same way, mucous membranes which contain ciliated tissues secrete a thick substance called: mucus. The mucus found in areas such as: the nose and throat (respiratory system) helps manoeuvre the microbes and other un-wanted substances away from external and internal areas of the body. Also, the natural chemical barriers such as: tears and saliva consist of an antibacterial enzyme called: lysozome which chemically destroys the bacteria. If this first line of defence fails to work, the now internal second line of defence will act immediately to prevent further invasion. The process which responds to tissue damage (inflammation) will release chemicals such as: histamine, which is designed to promote (phagocytosis) by attracting macrophages and neutrophils to the surface of inflammation in order to enhance healing by engulfing the microbes. Although, these lines of defence are ideal for the body, the pain, swelling and heat brought about each time can cause discomfort after the microbes have entered the body. Specific defences: In contrast to this, adaptive defences hold the third line of defence to help maintain immunity. These are categorised as specific: cell-mediated and humoral (antibody-mediated) defences. After the non-specific defence has completed its job, the specific immune system takes on the role of finishing it off; the two types of lymphocytes involved in the neutralising and then killing of the invading microbes are: B-cells and T-cells. Both cells mature in the bone marrow, but T-cells normally activate in the thymus gland. With the help of T-cells (T-helper cells), B-cells will automatically identify the invaders and respond by producing two functioning cells: plasma cells and memory B-cells. The plasma cells will make the antibodies which attach to the antigen, encouraging the T-killer cells to come along and cause destruction. These cells secrete a chemical called: cytotoxic which immediately kills the antigen. As a result, the T-suppressor cells which have differentiated from the T-cells will turn off the whole immune response, clearing away the mess to get ready for the next attack. After this, due to their ability to remember the B-memory and T-memory cells will be able to prepare for the next antigen that comes to attack. Despite all the advantages of this defence system, the time it takes to react against the invaders is longer than that of the non-specific defence system which enhances the chances of infection in the body for example: if the body cant fight that specific virus quick enough it might lead to certain symptoms such as: flu. Also the fact that the pathogens are specific gives a delayed reaction against other pathogens. Conclusion: In conclusion, each defence system works in its own unique way. However, in my opinion the effectiveness of non-specific defence mechanisms over weighs that of specific defences. Although the processes involved in non-specific defences cause discomfort to the body, the immediate reaction against invaders is easily stimulated to protect the body against further infection. The fact that this defence system is constantly fighting external attacks from different pathogens shows how strong and effective it is. Whereas specific defences take longer to act and can only react to specific invaders which might lead to a weakened immunity system due to multiple infections in the body.

Genetic transformation and competence in e. coli when exposed to the green fluorescent protein

Genetic transformation and competence in e. coli when exposed to the green fluorescent protein INTRODUCTION: The goal of this experiment was to successfully insert the plasmid pGLO, which carries genes for resistance to ampicilin and for green fluorescent protein (GFP), into competent E. coli cells thereby genetically transforming E. coli to have those specific traits. Green Fluorescent Protein comes from the jellyfish Aequorea Victoria and it emits green light when excited by blue light and when in the presence of the sugar arabinose. This protein has proven significant as a gene marker as well as other forth coming uses in biochemistry, cell and microbiology (Allison, Sattenstall, 2007). In a study done by Allison and Sattenstall (2007), it was found that introducing GFP into a cell causes changes in the cell physiology that might lead to antimicrobial susceptibility of the cell. This could be of concern because of its widespread use and Allison and Sattenstall urge caution when interpreting data from studies that used GFP (Allison, Sattenstall, 2007). According to Tsen et al., the E. c oli bacteria can naturally transform with inserted plasmids and integrate them without special treatments. As long as the DNA in the plasmids is Concatemeric linear, monomeric circular or supercoiled forms of plasmid, they can transform the E. coli, whereas linear monomer cannot transform it (Tsen, et al., 2002). The uses of green fluorescent protein in competent cells such as E. coli as mentioned before are very useful in gene markers and other studies in biochemistry, cell and microbiology, however, there are still being advances made for GFP. In a study done by Torrado, Iglesias and Mikhailov, techniques were improved in how well cells expressed the GFP gene based on the growing environments (Torrado, Iglesias, Mikhailov, 2008). In our experiment, we postulate that the E. coli will be competent for the pGLO plasmid carrying GFP and resistance to ampicilin. METHODS AND MATERIALS: In this experiment we will be using the plasmid pGLO which has genes for GFP and resistance to ampicilin. In order to force the plasmids into the E. coli cells, we will be using a heat shock treatment. This heat shock treatment causes the pores in the E. coli cell membrane to open, which allows the plasmid pGLO to enter the cell. We will test an E. coli centrifuge tube that has been exposed to pGLO and a centrifuge tube that has not been exposed to pGLO as our control. We labeled two centrifuge tubes with +pGLO and -pGLO to represent which tube carried the plasmid and which was our control, respectively. We first pipette 250 microliters of transformation solution into the tubes and added approximately 2 pen tip sized E. coli colonies. We then added the pGLO plasmids to the tube labeled +pGLO and rested both tubes on ice. The ice will make it so that the heat shock will have a greater affect on the E. coli, thereby increasing our chances of successful entrance of the plasmid. We then applied the heat shock treatment to the two centrifuge tubes by putting them in a 42ÂÂ °C water bath for 50 seconds. Afterward we put them back into the ice bath and prepared to put them into the four prepared agar plates. The four agar plates were split into two sets, two help +pGLO and two held our control -pGLO. The first plate contained just Luria Broth (LB) and 250 microliters of the -pGLO substance. The second control plate was LB with a mix of ampicilin (amp) and -pGLO E. coli solution which will ideally not grow any E. coli because E. coli by itself is not resistant to ampicilin. The third plate is used with +pGLO solution and is another LB/amp plate. The fourth and final plate is another +pGLO plate and contains LB and ampicilin but also arabinose, which is needed for the expression of the GFP. RESULTS: In this experiment, we used heat shock treatment in order to insert the pGLO plasmid into E. coli cells because the plasmid carries the genes that code for green fluorescent protein and ampicilin resistance. After a week of incubation in the refrigerator, we analyzed our four Petri dishes. All plates came out as predicted. Our first control plate (-pGLO E. coli cells) contained Luria Broth and ampicilin and it sustained 0% E. coli cell growth. The second control plate (-pGLO E. coli cells) contained only Luria Broth and there was 100% coverage of the agar plates. The lawn made by the E. coli cells was a whitish clear color in normal light and were not fluorescent green when exposed to UV light. In the two transformation plates, we received positive results matching our predictions. In the first transformation plate (+pGLO E. coli cells) there was a presence of Luria Broth and ampicilin. There were roughly 140 colonies of E. coli cells which was about 60% coverage of the Petri dish. Each of the colonies was an off whitish color under normal light but were not fluorescent green under UV light. The second transformation plate (+pGLO E. coli cells) contained a mixture of Luria Broth, ampicilin and arabinose. This plate had E. coli colony growth but there were only roughly 40 E. coli colonies, making about a 25% coverage of the plate. Again these colonies were whitish in color when exposed to normal light however, they did turn fluorescent green under the UV light. TABLE OF RESULTS: TYPE OF PLATE CONTENTS SKETCH OF PLATE OBSERVATIONS Transformation +pGLO/LB/amp/ara -Growth of Colonies (40 count; 25% coverage) -Whitish color in normal light -Fluorescent green under UV Transformation +pGLO/LB/amp -Growth in Colonies (140 count; 60% coverage) -Whitish color in normal light -No fluorescent green color under UV Control -pGLO/LB/amp -No E. coli growth, E. coli not transformed (0% coverage) Control -pGLO/LB -E. coli growth present (100% coverage) -Whitish color in normal light -No fluorescent color in UV light DISCUSSION: The hypothesis is the following: After heat shock treatment, the competent E. coli cells will receive the plasmid pGLO, and the E. coli cells will be transformed. We predicted that the E. coli cells would take in the plasmid and transform in our two transformation plates. In the -pGLO/LB control plate we predicted that significant growth would happen because there is no antibiotics and only an optimal growing environment. In the -pGLO/LB/amp control plate we predicted that there would be no growth of E. coli because ampicilin is present, an antibiotic that E. coli is not naturally resistant to. In the transformation plate +pGLO/LB/amp we predicted that there would be E. coli growth considering we hypothesized that the plasmid would be accepted by the E. coli cell, thereby giving it ampicilin resistance. In our last transformation plate +pGLO/LB/amp/ara we again expected growth of E. coli since we hypothesized the E. coli cell would be competent for the plasmid. We also expected that this would be the plate to glow fluorescent green since arabinose, the sugar that allows for the glowing, was present in the agar plate. In order for this experiment to show true results, we added the two control plates with different purposes. The first plate contained only Luria Broth, the ideal growing environment for E. coli. This plate was used to make sure that our E. coli cells were healthy and able to grow consistently. If they were unable to grow, that would mean that our cells were unhealthy or contaminated, which would in turn affect the results of our transformation plates. Our results for this plate were that we had healthy E. coli cells since they produced a full lawn. Our second plate was the one with both Luria Broth and ampicilin for the growing environment. We did not have any growth of E. coli on this plate, just as we predicted. This is good because the plasmid we were using to transform the E. coli cells have the gene that causes ampicilin resistance. If our E. coli had been contaminated or already transformed from its non-resistance state, we would see it in this control plate. If we had seen gro wth, we would know that our results for the transformation plates were faulty because our normal E. coli was already resistant. Next we examined our transformation plates. These plates were the ones that we exposed to the pGLO plasmid. Our first plate had Luria Broth and ampicilin, just like our control; however, since we treated this batch with the pGLO plasmid followed by heat shock treatment, we expected to see growth. Our results from this plate did show that the E. coli grew in the ampicilin agar plate, thereby showing how many of the E. coli cells received the plasmid and were able to be genetically transformed. However, under the UV light, the colonies did not glow fluorescent green because of the absence of arabinose. Our second transformation plate had Luria Broth, ampicilin and arabinose. Our results followed our predictions that we would see growth and have the colonies glow under the UV light. This is because the E. coli that took the plasmids were transformed so they showed their new resistance to ampicilin and they showed that when grown in an environment where arabinose is present, the green fl uorescent protein will be expressed. Our results did indeed support our hypothesis because the E. coli were transformed in our transformation plates because we saw that colonies were able to grow in an environment where ampicilin was present and also the green fluorescent protein was expressed in arabinose rich environments. There was an area of weakness in our experiment. The crucial part, the heat shock that opens the cellular membrane pores, could have gone a bit smoother. Our times were not exact due to many groups trying to do this part all at once. Secondly, there is room for error in the consistency of our experiment plates since each member of the group took turns at each stage of the process. In conclusion, the results of our experiment proved our hypothesis that the E. coli cells were competent for the pGLO plasmid. Our results were consistent with our predictions. We found that the E. coli cells can be transformed by the plasmid after our heat shock treatment. Our control plates can out controlled and our transformation plates produced colonies that expressed the GFP gene. SOURCES: Allison, D.G., Sattenstall, M.A. (2007). The Influence of green fluorescent protein incorporation on bacterial physiology: a note of caution. Journal of Applied Microbiology, 103(2), 318-324 Suh-Der Tsen, S., Suh-Sen Fang, S., Mei-Jye Chen, S., Jun-Yi Chien, S., Chih-Chun Lee, S., Han-Lin Tsen, D. (2002). Natural Plasmid Transformation in Escherichia coli. Journal of Biomedical Science, 9(3), 246-252. doi:10.1159/000059425. Torrado, M., Iglesias, R., Mikhailov, A.T. (2008). Detection of protein interactions based on gfp fragment complementation by fluorescence microscopy and spectrofluorometry. BioTechniques, 44(1), 70-74.

Charles V :: essays research papers

CHARLES V FEBRUARY 24, 1500 – SEPTEMBER 21, 1558   Ã‚  Ã‚  Ã‚  Ã‚  Charles V was born on February 24, 1500 in Ghent, which today is better known Belgium. He was the oldest in the family so when his father died in 1506, he inherited the Netherlands and the Franche Comte, which was located in France but actually belonged to the Holy Roman Empire. He gained much more land once his maternal and paternal grandfathers died. Not since Charlemagne, in the early 9th Century, had one person dominated so much land.   Ã‚  Ã‚  Ã‚  Ã‚  When Charles visited Spain for the first time, he realized that he wasn’t popular among the citizens. However, his fight against the muslim Turks and the German Protestants won him some acceptance. Though being accepted was a problem, controlling the finances became a much larger one. There were many times when promising military campaigns had to be broken off due to lack of money and at times it appeared that Charles didn’t much mind that such actions had to be taken.   Ã‚  Ã‚  Ã‚  Ã‚  In 1519 Charles was elected German King and Holy Roman Emperor. So after his visit to Spain he went to Germany to be officially crowned king. But, he would have to wait until 1530 to become the Holy Roman Emperor. Charles was going through a lot and he soon started feeling the pressures of his obligations and to add to his pressures, he would soon be going into war with France, a big competitor and persistent enemy.   Ã‚  Ã‚  Ã‚  Ã‚  Charles V went through many wars, but his most were with France. The Valois kings fought the emperor for the leadership of Europe in general and for the domination of Italy in particular. Though in 1525 Charles’s army defeated and captured Francis I of France at the Battle of Pavia in Italy it was thought that the war was over. But when the peace compromise was final and Francis was released, the Italian wars began again. In 1535 the Spaniards captured Milan and confirmed their domination of Italy.   Ã‚  Ã‚  Ã‚  Ã‚  Finally, in stages, between 1555 through 1568, Charles V voluntarily gave up the throne.

The World Trade Organization Where It’s Been and Where’s It’s Going? Es

The World Trade Organization Where It’s Been and Where’s It’s Going? Since the start of trade in the United States and around the world there has always been a need for rules and regulations. The GATT (General Agreement on Tariffs and Trade) was the one for the past century that dealt with issues that would arise they wrote rules on things that were acceptable and not acceptable in the trade arena. Out of the GATT came the World Trade Organization (WTO) that was designed to take care of more issues than GATT. Although the WTO has only been around for almost a decade it has come under criticism from almost all arenas. They have had issues brought to their table that have been hard decisions and now have issues they must deal with that could affect the way free trade is in the future. Countries have battled amongst each other as how to solve a problem such as The Beef Hormone Case, The Shrimp Turtle case and the Caribbean Banana Case. These were case that will be discussed later, but have set a kind of foundation for the WTO as to where they will b e headed in the future. Agriculture has become a hot issue in the international market and the WTO is still trying to find ways to accommodate the developed countries and develop further growth in the developing nations. The World Trade Organization is also stepping into new territory and the future is no exception. The World Trade Organization The World Trade Organization was developed in 1995 out of what was known as the Uruguay Round. Although GATT set rules they mostly dealt with issues just involving simple trade of goods and the distribution of tariffs. The WTO has a more broad job than the GATT; â€Å"†¦it oversees multilateral agreements relating not just to good, but... ... the job that they were made to do under the GATT regulations. The future will tell a lot about the WTO and free trade because so many things are brought to the table that eventually the World Trade Organization is going to need some form of help to make adequate decisions for the world. BIBLIOGRAPHY Diao, Xinshen, Terry Roe and Agapi Somwaru. â€Å"Developing Country Interests in Agricultural Reforms Under the World Trade Organization.† American Journal of Economics v.84, n3 (August 2002): 782-90 Irwin, Douglas. Free Trade Under Fire. Princeton and Oxford: Princeton University Press, 2002. Josling, Tim. â€Å"Key Issues in the World Trade Organization Negotiations on Agriculture.† American Journal of Agricultural Economics v.85, n3 (August 2003): 663-667 Working Group on the WTO/MAI. â€Å"A Citizen’s Guide to the World Trade Organization† (July 1999): 1-28

Henry V Represents the More Selfish Side

â€Å"Henry V represents the more selfish side of Kingship† Shakespeare creates two ways for the audience to see King Henry V. One way is King Henry being a gracious, caring king. The other way Shakespeare has created for the audience to see is King Henry being a selfish, cold king. Many people do believe that King Henry V is depicted as a selfish and cold hearted king who is not concerned or worried about the human cost of war. I believe the contrary. I believe that King Henry V was a loving and caring King towards the people of his country and family.In Act one scene one (line 39-40) Canterbury describes King Henry V as a thoughtful and devout ruler. â€Å"Hear him but reason in divinity, and all-admiring, with and inward wish, you would desire the king were made a prelate. † This indicates that the people of his country appreciate him and sees him as a considerate and divine king. King Henry V always tryst to stand by his Kingdom and protect it however he can. As he notices the assassination plot of Scroop, Cambridge and Gray in act one scene two (line 76-79) he sentences them to death.Though Scroop, Cambridge and Gray are his friends he still stands by his Kingdom to keep it safe. â€Å"The mercy that quick in us but late By your own counsel is suppress’d and kill’d. You must not dare for shame to talk of mercy, for your own reasons turn into your bosoms,† In act four King Henry V is sharing the concerns of the common soldiers. His bravery and courage are reflected in his soldiers; especially after his speech about ‘St Crispin’s Day’ In act four scene 3 (line 18-67). This day is called the feast of crispian. He that outlives this day and comes safe home†¦ He shall see this day and live old age, will yearly on the vigil feast his neighbors, And say ‘tomorrow is saint crispian†¦Ã¢â‚¬  This shows that King Henry V is heroic to his soldiers and gives them faith and courage by this speech sh owing high spirits and strength. After the Battle (Act 5 scene 2) King Henry V proposes to princess Katharine of France.Though he has the power to force her to marry him, he decides to try to convince her by admiring her and telling her that she will have a good life with him as a husband. â€Å"But in loving me you should love the friend of France†¦ I will have it all mine; and, Kate, when France is mine and I am yours, then yours is France, and you are mine. † (line 167-169) Overall I think that King Henry V is a caring King with courage and a lot of Strength. He stands by his country and supports and protects it with all his faith and strength .

Evaluate the effectiveness of the responsive regulation model with reference to the regulatory powers and responses available under the Consumer Protection from Unfair Trading Regulations 2008.

Introduction Regulating consumer and commercial law has proven extremely difficult, especially in the new digital age where online trading has advanced significantly over the years.[1] There is now more likelihood that consumers will be subjected to unfair and unlawful trading practices and so it is vital that all corporations are being regulated effectively. This will enhance consumer confidence and will have a beneficial effect upon the market in general. It has been said that markets work best when consumers have confidence in the corporations they are dealing with, yet the increase in rogue traders has significantly diluted such confidence. At present much confusion exists as to how regulators should control corporations in order to ensure that they are complying with the obligations that have been imposed upon them. Consequently, the powers that have been provided to regulators under the Consumer Protection from Unfair Trading Regulations 2008 appear somewhat ineffective on the basis that th ey still do not provide sufficient protection to consumers. This study will therefore consider whether the influential model of ‘responsive regulation’ that was proposed by Ayers and Braithwaite will be more effective in ensuring compliance of all corporations. This will be reviewed in light of the 2008 Regulations and consideration as to whether consumers will be better protected under the new model will be made. In doing so, an overview of consumer protection will first be provided, followed by a review as to how effective the 2008 Regulations. Once this has been done, the responsive regulation model will then be analysed and consideration of its effectiveness will be made. Consumer Protection A consumer has been described in Lloyd Shuhfabrik Meyer & Co GmbH v Klijsen Handel BV[2] as an individual or group of individuals that consumes goods and services generated within a social system. Concerns have been raised in recent years as to whether consumers are being adequately protected from unfair and illegal trading practices.[3] Hence, it has been argued that the current regime dealing with consumer protection is ineffective in that regulators do not deal with wrongful or fraudulent traders in an appropriate manner. As shown in Macaulay v Scroeder Publishing Co Ltd[4] and Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd[5] parties to an agreement often have unequal bargaining power, which highlights the importance of being able to provide protection to vulnerable consumers. Companies will have greater knowledge of the industry than private consumers and so it is integral that regulators are capable of provided appropriate protection to consumers in the event of unfairness. As noted by Lord Denning in Lloyds Bank v Bundy;[6] â€Å"many of the traditional defences to contract enforcement were properly seen as merely exemplary of a general doctrine of ‘inequality of bargaining power’ and all provided testimony to the fact that the age of laissez faire was outwearing its judicial welcome.†[7] This demonstrates how a free market economy no longer exists as there is often an ‘inequality of bargaining power’ resulting in the need for vulnerable parties to be provided with more protection than they have required in the past. Consumer Protection from Unfair Trading Regulations 2008 The Consumer Protection from Unfair Trading Regulations 2008 was established in order to act as a safeguard for consumers against unfair trading practices. These Regulations implemented the Unfair Commercial Practices Directive 2005/29/EC (UCPD) which intended to provide regulators with the power to impose obligations upon corporations to trade fairly. Various consumer protection laws were replaced by these Regulations as the consumer protection regime prior to 2008 was deemed unsatisfactory in protecting consumers.[8] As put by the Office of Fair Trading: â€Å"The Regulations introduced a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers.†[9] Although the Regulations address business to business practices, the primary focus was on the protection of private consumers as identified in Office of Fair Trading v Purely Creative Ltd and Others.[10] Corporations found to be in breach of the Regulations may have crimin al sanctions imposed upon them by regulators and, as noted by Worthington and Britton, these â€Å"extend criminal liability beyond simply misleading practices to include, in part, aggressive practices such as coercion and harassment.†[11] The regulatory powers and responses of regulators are therefore considered more effective under these Regulations as corporations will now be more likely found liable for adopting unfair and unlawful practices than they would have in the past. This provides greater protection to consumers who will be a lot more confident when entering into commercial transactions. These Regulations were thereby said to â€Å"herald a new era in consumer regulation,†[12] especially where online transactions are concerned as there was a great reluctance to purchase goods or services on the internet for fear of unfairness being created.[13] In Tiscali UK Ltd v British Telecommunications Plc[14] it was noted that the Regulations â€Å"make it easier for traders based in one Member State to market and sell their products to consumers in other Member States.†[15] This is economically beneficial in that it contributes to the growth of the internal market. Conversely, not all agree that the Regulations are effective and instead believe that online trading still poses many risks.[16] This is mainly due to the fact that not all e-traders are a signatory to the Regulations and as such regulators will be unable to control many cross-border transactions. As a result, it is imperative that consumers are aware of the risks when purchasing goods or services onli ne and should only purchase from those traders who are a signatory to the Regulations. This should be easy to identify because traders will be prohibited from claiming that they are a signatory to the Regulations if they are not.[17] Regardless of this it seems as though the Regulations are not as effective when it comes to the protection of consumers as it was hoped. Furthermore, even if protection is acquired under the Regulations, there is no guarantee that consumers will be compensated. This is because there is no direct right to claim compensation and instead consumers have to rely on existing civil law. [18] Responsive Regulation Model The current law therefore appears out of date, complicated and too extremely restrictive[19] and therefore highlights the need for further changes to be made. A number of proposals have been put forward to rectify the current problems that exist, yet the extent to which these are viable is a debatable subject. Differing views as to how Regulators should deal with corporations to ensure compliance exist between â€Å"those who think that corporations will comply with the law only when confronted with tough sanctions and those who believe that gentle persuasion works in securing business compliance with the law.†[20] A model of ‘responsive regulation’ was thereby proposed by Ayers and Braithwaite which adopts a responsive approach by enforcing compliance strategies at first and then applying more punitive deterrent responses later on if the regulated corporation fails to comply with their obligations. They believed that corporations would be more likely to comply i f an explicit enforcement pyramid was in place. An enforcement pyramid would thus include a range of enforcement sanctions ranging from persuasion, warnings and civil penalties to criminal sanctions, licence suspensions and licence revocations.[21] Consequently, it would be presumed under this model that regulators would always start at the bottom of the pyramid and then work their way up for more serious compliance failures. This model appears to replace blanket commitments with deterrence and compliance models and has been viewed as â€Å"hugely influential worldwide.†[22] This model is currently being employed by many different governments and regulators and has since been expanded upon by Braithwaite into a comprehensive regulatory and democratic ideal, which incorporates notions of deliberative democracy and restorative justice.[23] This responsive regulation model does appear to be more effective than the approach that is currently being taken under the 2008 Regulations since there is no guarantee that consumers are being provided with appropriate protection. This is due to the fact that there is a lack of compensation being provided to consumers and regulators are likely to be a lot more lenient when it comes to sanctioning corporations.[24] Under the pyramid model, corporations will be most likely to adopt a self-regulatory approach to ensure compliance. This is because corporations will be aware of the consequences that will be imposed if they do not comply with their obligations and will have been given a number of chances to change any unfair practices that have been assumed. The Australian Law Reform Commission believes that this is the ideal approach since regulators have access to severe punishments if needed and are able to persuade corporations to undertake appropriate behaviours to ensure compliance.[25] This approach promotes self-regulation and provides corporations with the ability to change, through effective persuasion, before the use of penalties arises. Only those who ignore the persuasive practices of regulators will be penalised, which ensures that only corporations who deserve to be punished will be.[26] On the other hand, it has been argued that voluntary compliance at the bottom of the pyramid may prove impossible as a result of the constant threats of more punitive sanctions at the top.[27] Furthermore, it cannot be said that corporations will actually respond to the pressures imposed by regulators since it has been said that corporate behaviour is not driven by regulatory pressure but rather cultural or competitive pressures.[28] In accordance with this, it could be suggested that the responsive regulation model will be appropriate for many corporations, though there will be some corporations where this approach will be ineffective. It would therefore be better for corporations to be analysed individually in order to consider what the best approach would be to ensure compliance since there will be certain circumstances whereby the pyramid approach will not be appropriate.[29] An example would be where there are potentially catastrophic risks that are being controlled. Here, it wo uld not be appropriate to use a step by step approach to regulation since the regulator would need to go straight to the top of the pyramid when choosing an appropriate sanction. Conversely, there may be a situation whereby the risk is minimal and so mere persuasion would be needed. This situation is ideal for the responsive regulation model, though the former is not. Arguably, whilst the responsive regulation model may be better at ensuring compliance with consumer protection laws than the current 2008 Regulations are in some situations, this will not be the case for every situation. Nevertheless, given the criticisms for both approaches, it appears as though some reform to this area is needed if the regulatory approaches that are currently being adopted are improved. Conclusion The current consumer protection regime is extremely complex when it comes to ensuring that corporations are complying with their obligations. As a result, consumers are still being put at risk when entering into commercial transactions. Although the Consumer Protection from Unfair Trading Regulations 2008 attempted to act as a safeguard for consumers against unfair trading practices, it cannot be said that these are being fully realised. This is because of the limited powers that are provided to regulators when imposing sanctions upon corporations. Consequently, it seems as though further changes need to be made to the existing regime in order to guarantee the protection of consumers. Ayers and Braithwaite model of responsive regulation does provide regulators with appropriate powers to imposes relevant sanctions upon corporations, whilst at the same time providing them with the ability to make necessary changes. This step-by-step approach does appear fair in that corporations are in itially given the chance to rectify their non-compliance activities. Nevertheless, because this model will not be applicable to all corporations, it has been considered largely ineffective in making sure that corporations actually respond to regulatory pressure. Corporations should therefore be analysed individually in order to consider what the best approach to take would be. This will prevent unfairness and will enable consumers to have greater confidence when entering into commercial transactions. This will be a lot more beneficial for the economy overall and online trading will be likely to increase even further. Bibliography Books F Sudweeks and C T Romm., Doing Business on the Internet Opportunities and Pitfalls with 39 Figures (United States: Springer, Business & Economics). I Ayres and J Braithwaite. Responsive Regulation (Oxford: Oxford University Press, 1992). I Worthington and C Britton., Business Environment, (6th edn Pearson Education, 2009). R Baldwin, M Cave and M Lodge., Understanding Regulation: Theory, Strategy and Practice (Oxford: Oxford University Press, 2011). R Kagan and J Scholz., ‘The Criminology of the Corporation’ in K Hawkins and J Thomas., Enforcing Regulation (Boston: Kluwer, 1984). Journal Articles D Hertzell., ‘Time to Redress the Balance’ (2011) 161 New Law Journal 683, Issue 7466. F Haines., Corporate Regulation: Beyond Punish or Persuade (Oxford: Oxford University Press, 1997). H Thorpe., ‘Consumer Protection from Unfair Trading’ (2008) 32 Company’s Secretary Review 2. 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S Brown., Protection of the Small Business as Credit Consumer: Paying Lip Service to Protection of the Vulnerable or Providing a Real Service to the Struggling Entrepreneur?’ (2012), 41 Common Law World Review 1. Case Law Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd [1968] AC 269 Lloyd Shuhfabrik Meyer & Co GmbH v Klijsen Handel BV [1999] ETMR 690 Lloyds Bank v Bundy [1974] 3 WLR 501 Macaulay v Scroeder Publishing Co Ltd [1974] 1 WLR 1308 (HL) Office of Fair Trading v Purely Creative Ltd and Others [2011] EWHC 106 (Ch) Tiscali UK Ltd v British Telecommunications Plc [2008] EWHC 3129 (QB) [1] F Sudweeks and C T Romm., Doing Business on the Internet Opportunities and Pitfalls with 39 Figures (United States: Springer, Business & Economics) 9. [2] [1999] ETMR 690 [3] P Stokes., ‘New OFT Powers in the Credit Clamp-Down’ (2005) 155 New Law Journal 236, Issue 7164. 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