Amoeba Anatomy, Digestion, and Reproduction

Amoebas are unicellular eukaryotic organisms classified in the Kingdom Protista. Amoebas are amorphous and appear as jelly-like blobs as they move about. These microscopic protozoa move by changing their shape, exhibiting a unique type of crawling motion that has come to be known as amoeboid movement. Amoebas make their homes in salt water and freshwater aquatic environments, wet soils, and some parasitic amoebas inhabit animals and humans. Key Takeaways: Amoebas An amoeba is an aquatic, single-celled protist characterized by a gelatinous body, amorphous shape, and amoeboid movement.Amoebas can form temporary extensions of their cytoplasm known as pseudopodia or false feet which can be used for locomotion or capturing food.Food acquisition is amoebas occurs by a type of endocytosis called phagocytosis. The food source (bacterium, algae, etc.) is engulfed whole, digested, and the waste expelled.Amoebas commonly reproduce by binary fission, a process in which the cell divides into two identical cells.Some species can cause disease in humans such as amebiasis, amoebic meningoencephalitis, and cornea infections of the eye. Classification Amoebas belong to the Domain Eukarya, Kingdom Protista, Phyllum Protozoa, Class Rhizopoda, Order Amoebida, and the Family Amoebidae. Amoeba Anatomy Amoebas are simple in form consisting of cytoplasm surrounded by a cell membrane. The outer portion of the cytoplasm (ectoplasm) is clear and gel-like, while the inner portion of the cytoplasm (endoplasm) is granular and contains organelles, such as a nuclei, mitochondria, and vacuoles. Some vacuoles digest food, while others expel excess water and waste from the cell through the plasma membrane. The most unique aspect of amoeba anatomy is the formation of temporary extensions of the cytoplasm known as pseudopodia. These false feet are used for locomotion, as well as to capture food (bacteria, algae, and other microscopic organisms). Pseudopodia may be broad or thread-like in appearance with many forming at one time or one large extension may form when needed. Amoebas dont have lungs or any other type of respiratory organ. Respiration occurs as dissolved oxygen in the water diffuses across the cell membrane. In turn, carbon dioxide is eliminated from the amoeba by diffusion across the membrane into the surrounding water. Water is also able to cross the amoeba plasma membrane by osmosis. Any excess accumulation of water is expelled by contractile vacuoles within the amoeba. Nutrient Acquisition and Digestion Amoebas obtain food by capturing their prey with their pseudopodia. The food is internalized through a type of endocytosis known as phagocytosis. In this process, the pseudopodia surround and engulf a bacterium or other food source. A food vacuole forms around the food particle as it is internalized by the amoeba. Organelles known as lysosomes fuse with the vacuole releasing digestive enzymes inside the vacuole. Nutrients are obtained as the enzymes digest the food inside the vacuole. Once the meal is complete, the food vacuole dissolves. Reproduction Amoebas reproduce by the asexual process of binary fission. In binary fission, a single cell divides forming two identical cells. This type of reproduction happens as a result of mitosis. In mitosis, replicated DNA and organelles are divided between two daughter cells. These cells are genetically identical. Some amoeba also reproduce by multiple fission. In multiple fission, the amoeba secretes a three-layered wall of cells that harden around its body. This layer, known as a cyst, protects the amoeba when conditions become harsh. Protected in the cyst, the nucleus divides several times. This nuclear division is followed by the division of the cytoplasm for the same number of times. The result of multiple fission is the production of several daughter cells that are released once conditions become favorable again and the cyst ruptures. In some cases, amoebas also reproduce by producing spores. Parasitic Amoebas Some amoeba are parasitic and cause serious illness and even death in humans. Entamoeba histolytica cause amebiasis, a condition resulting in diarrhea and stomach pain. These microbes also cause amebic dysentery, a severe form of amebiasis. Entamoeba histolytica travel through the digestive system and inhabit the large intestines. In rare cases, they can enter the bloodstream and infect the liver or brain. Another type of amoeba, Naegleria fowleri, causes the brain disease amoebic meningoencephalitis. Also known as brain-eating amoeba, these organisms typically inhabit warm lakes, ponds, soil, and untreated pools. If N. fowleri enter the body though the nose, they can travel to the frontal lobe of the brain and cause a serious infection. The microbes feed on brain matter by releasing enzymes that dissolve brain tissue. N. fowleri infection in humans is rare but most often fatal. Acanthamoeba cause the disease Acanthamoeba keratitis. This disease results from an infection of the cornea of the eye. Acanthamoeba keratitis can cause eye pain, vision problems, and may result in blindness if left untreated. Individuals who wear contact lenses most often experience this type of infection. Contact lenses can become contaminated with Acanthamoeba if they are not properly disinfected and stored, or if worn while showering or swimming. To reduce the risk of developing Acanthamoeba keratitis, the CDC recommends that you properly wash and dry your hands before handling contact lenses, clean or replace lenses when needed, and store lenses in a sterile solution. Sources: Acanthamoeba Keratitis FAQs Centers for Disease Control and Prevention, 6 June 2017, www.cdc.gov/parasites/acanthamoeba/gen_info/acanthamoeba_keratitis.html.Naegleria fowleri — Primary Amebic Meningoencephalitis (PAM) — Amebic Encephalitis. Centers for Disease Control and Prevention, 28 Feb. 2017, www.cdc.gov/parasites/naegleria/.Patterson, David J. â€Å"Tree of Life Amoebae: Protists Which Move and Feed Using Pseudopodia.† Tree of Life Web Project, tolweb.org/accessory/Amoebae?acc_id51.

The Tragic Hero Of Oedipus The King - 1156 Words

The topic I chose is the tragic hero topic. There exists a number of parameters that describe a tragic hero and thus it was my desire to get to understand these parameters. It was also my desire to be in position to give the difference between normal heroes and a tragic hero and give see the main dimensions of the two figures. I preferred to work with the book by Sophocles Oedipus, the king, in order to portray the attributes of a tragic hero. The book contains adequate information concerning the attributes of a tragic hero and the manner in which the book brings it out is exquisite. The strengths of my essay are that I was able to perfectly portray the dimensions of a tragic hero. Oedipus being the protagonist of the play plays a keys†¦show more content†¦The nobility that Oedipus possesses naturally earns him respect in the society he lived in. Oedipus was to have some royal blood running in him as he is the son of Jocasta and Laius (page 19) and this thus makes him noble in the simplest way possible. This nobility that he possesses tends to earn him a lot of respect for his audience and on one occasion when he solves the riddle of Sphinx (Page 6) he ends up earning high respect as he is given dominion by Creon. There are several other instances that portray the nobility that is possessed by Oedipus and this, in turn, earn him respect and cause the audience to be emotionally attached to him. The other attribute that must be portrayed by tragic heroes according to Aristotle is the flaw and not just any flaw but a tragic flaw. According to Aristotle, the tragic hero must not have flaws as one of their essential characters as this would cause the audience to lose respect for them and thus fail to be emotionally attached to them. An ideal tragic hero must have a failing that is both arbitrary and accidental, and this would, therefore, cause the audience not to fear for their hero. Oedipus perfectly fits this description of a tragic hero according to Aristotle, and this begins by him lacking knowledge of his true identity. The failings and the flaws that are depicted by OedipusShow MoreRelatedThe Tragic Hero Of Oedipus The King1528 Words   |  7 Pagesdescribes the tragic hero as having three components which should be present in order to influence the audience. The audience must become involved emotionally with the hero so they become fearful for his welfare or well-being . The concluding suffering of the hero draws pity from the audience. Aristotle describes this emotional transition as â€Å"catharsis† which refers to the purging or releasing of emotions. This is what Aristotle believes entices audiences to watch tragedies. The hero must also beRead MoreOedipus The King : A Tragic Hero1541 Words   |  7 PagesAristotle (384-322 B.C.) defines a tragic hero as one who possesses the characteristics of hamartia, peripeteia, anagnorisis, and that the characters fate must be greater than deserved (Else). Since the main character in Sophocles’ classic tragedy Oedipus Rex or Oedipus the King matches up to Aristotle’s definition, Oedipus certainly exemplifies what it is to be a â€Å"tragic hero.† The play’s protagonist Oedipus is revered as a good man and intelligent ruler who acts quickly to support Thebes- a cityRead MoreThe Tragic Hero Of Oedipus The King987 Words   |  4 PagesWhile exemplifying the high estate, noble character, and flawed nature of Aristotle’s tragic hero, Oedipus fails to have a personal mistake become his undoing, hence denying him the status of Aristotle’s tragic hero. A key criteria of Aristotle’s tragic hero is that he or she comes from high estate, such as a royal family. Aristotle’s definition of the tragic hero is well thought out in this manner. High status is important as it gives the character a long way to fall (Kennedy Gioia, 2013). ThisRead MoreTragic Hero In Oedipus The King1502 Words   |  7 PagesThe idea of a tragic hero was first thought of by the philosopher Aristotle in his work, â€Å"Poetics†. In article discussing the philosopher’s ideology of a tragic hero, with emphasis on hamartia, the author states: The function of a tragedy is to arouse the emotions of pity and fear and Aristotle deduces the qualities of his hero from this function. He should be good, but not perfect, for the fall of a perfect man from happiness into misery, would be unfair and repellent and will not arouse pity. SimilarlyRead MoreOedipus The King : A Tragic Hero987 Words   |  4 PagesLike most greek tragedies, Oedipus the King had a tragic hero whose downfall was the result of a tragic flaw. Oedipus, like other greek characters, did not see his errors until his reign was coming to an end. Oedipus, the man who saved Thebes did not understand that every good thing must come to an end. A tragic hero defined by Aristotle has five characteristics that lead to their downfall and their understanding of why the situation happened. Oedipus is the ideal tragic hero because his downfall followedRead MoreThe Tragic Hero Of Oedipus And King1060 Words   |  5 Pageshowever, Oedipus and Dido lost much more than that. T hese were two great leaders that both, suffered by losing their reputations, their sanity, and their kingdoms. These are two great examples of what a tragic character displays, according to Aristotle’s conception. Aristotle’s definition of a tragic hero is a distinguished person occupying a high position, living in prosperous circumstances and falling into misfortune because of an error in judgment. King Oedipus and Queen Dido are tragic charactersRead MoreOedipus the King a Tragic Hero936 Words   |  4 PagesEnglish 1302-6504 Mrs.Weatherford 21 November 2011 A Tragic Hero Indeed! In Sophocles tragedy Oedipus the King, King Oedipus swears to solve the murder of former King Laios in order to free the city from the plague. The plague taunts the city destroying crops and livestock and making the women unable to bear children. A seer, Teirsias tells Oedipus that he himself is Thebes’s pollution for killing his father and marrying his mother. Oedipus ignores his words and is blind to the truth until he discoversRead MoreOedipus The King : A Tragic Hero870 Words   |  4 Pagestragedies and his most famous being performed there. While only seven of his plays have survived, many, like Oedipus the King, are still prevalent today. It definitely meets the five main criteria for a tragedy: a tragic hero of noble birth, a tragic flaw, a fall from grace, a moment of remorse, and catharsis. Oedipus the King is seen as a perfect tragedy. It features a hero with a tragic flaw, Oedipus, and highlights many common themes in Greek tragedy such as fate or destiny, love, pride, loss, the abuseRead MoreOedipus : The King Of Thebes And Tragic Hero Essay728 Words   |  3 PagesOedipus: The King of Thebes and Tragic Hero Ancient Greek Literature encompasses an assortment of poetry and drama to include the great masterpieces of tragedy. In Classic Literature, tragedies were commonly known for their elaboration of a protagonist fitting the classification of a tragic hero. This type of a tragic hero often collectively described as a character of noble birth, facing an adversity of some nature and a fate of great suffering. The characteristics of what encompassed a tragic heroRead MoreThe Tragic Hero Of Sophocles Oedipus The King1518 Words   |  7 Pagesaudiences so well. A tragic hero plays the most essential role in this. Tragic heroes can be defined differently for whoever is trying to force a character into the tragic hero mold. However Aristotle, the great Greek philosopher, established an outline of the requirements a tragic hero has to meet in order to be considered one. These requirements include a downfall, a hamartia, and recognition of said tragic hero’s condition. Oedipus, the prot agonist of Sophocles’ play Oedipus The King fits the mold.

Genetically Modified Microorganisms free essay sample

Organisms that have been genetically modified include microorganisms such as fish, insects, yeast, plants, and animals. Genetically modified organisms are widely used in scientific research which helps produce goods and foods, known also as genetically modified foods (Starr/Evers/Starr, 2013). Genetically modified organisms or genetically modified microorganisms are engineered through science by the process known as genetic engineering. Genetic engineering is the manipulation of genes, implying that the process is outside the organism’s reproductive process. This is done by the genetic engineering of splicing genes together. Splicing genes together is done by the researchers of a certain area of study employing genetic engineering to take certain genes from a source organism and put them into another plant or animal. An example of genetic engineering is when a scientist takes a Bacillus Thuringiensis organism, a commonly occurring soil bacteria, and use enzymes to remove from it the Bt gene. The Bt gene produces a protein that turns toxic in the digestive tract of caterpillars. The Bt gene is then spliced and then incorporated into the chromosome organism of a cotton or corn plant. The end result is a plant with a natural pesticide that kills any caterpillar that decides to feed upon these genetically modified and genetically engineered plants (Starr/Evers/Starr, 2013). Another section of genetic engineering is gene transfer. Gene transfer is done when a scientist is transferring of genes between species and amino acid sequences of polypeptides are then changed because genetic code is then universal. Gene transfer is done by removing the plasmid from the bacterium and the deoxyribonucleic acid (DNA) is cut by a restriction enzyme. Next the foreign deoxyribonucleic acid (DNA) is then cut with the same enzyme and then the foreign deoxyribonucleic acid (DNA) is now inserted into the deoxyribonucleic acid (DNA) of the plasmid which is now known as a combined plasmid. The combined plasmid is then reinserted into the bacterium. The bacterium is used to insert the deoxyribonucleic acid (DNA) carrying the foreign gene into the chromosome of a cell or protein. The cells or the protein are then grown in a lab in a culture, which could be anything such as a test tube or a petri dish for a period of time. Now the plant or protein is generated from a cell clone. Now all of the cells carry the foreign gene and may express it as a new trait. Within the study of science gene transfer is mainly used to help cure viruses, inherited diseases, cancer, and infectious diseases such as AIDS (Eliash1988, 2007). Another section within genetic engineering having to deal with genetically modified organisms and genetically modified microorganisms is known as cloning. Cloning is the creation of an organism that is an exact genetic copy of another. This means that every single bit of DNA is the same between the two. The first well known subject and successful cloning was known as Dolly the sheep in 1997, but cloning technology has been around way longer than dolly. Cloning is also known as the process of nuclear transplantation or the transplantation of a nucleus of one organism. To make Dolly, researchers isolated a somatic cell  from an adult female sheep. Next, they transferred the nucleus, an enclosed compartment that contains all the information that cells need to form an organism,  from that cell to an egg cell from which the nucleus had been removed. After a couple of chemical tweaks, the egg cell, with its new nucleus, was behaving just like a freshly fertilized zygote. It developed into an embryo, which was implanted into a surrogate mother and carried to term. A somatic cell is any cell in the body other than the two types of reproductive cells, sperm and egg. Sperm and egg are also called germ cells. In mammals, every somatic cell has two complete sets of chromosomes, whereas the germ cells only have one complete set (Rott, 2013). Another section of genetic engineering which takes part due to cloning is called Therapeutic Cloning. Therapeutic Cloning is the production of embryonic stem cells for use in replacing or repairing tissues or organs. Therapeutic cloning is achieved by transferring a diploid nucleus from a body cell into an egg whose nucleus that has been removed. The stem cells are harvested from blastocyst that develops from the egg, which, if implanted into a uterus could produce a clone of the nucleus donor. Therapeutic cloning is used for extreme cases were self-transplants are needed, as well as Leukemia, degenerative diseases, extreme cases of spinal cord repair, and skin grafts for burn victims (Mcgill, 2007). Some benefits of genetic engineering with genetically modified organisms and genetically modified microorganisms are with these processes we can make beer use of our limited farm land by generating and creating higher yielding crops. With this it also helps generate a higher profit and saves a major amount of money spent on harvests. Another use of genetically modified organisms and genetically modified microorganisms is we can also create more food that has a longer shelf life and which can in turn can help by producing less waste. We can also produce and create a better quality of food that has better taste. We can also reduce a produces maturation time to help generate more food in a less amount of time (Philips, 2008). Some risks that are involved with genetic engineering, genetically modified organisms, and genetically modified microorganisms are the potential for human health implications that come from the food we genetically engineer and create. Everything we eat goes through our body and into our bloodstream and it is unknown to were the mass of the potential risks we cause ourselves with the food we eat. There are also concerns for potential environmental impact issues such as out-crossing. With the process of genetic engineering and the creation of our plants and food we have made to create their own personal pesticides we have created the inevitable out-crossing of transgenic plants with naturally occurring ones. By doing this we have created such problems as the super weed which is almost impossible to kill without destroying everything near it or taking such matters as digging the plant up and burning it. Other issues that can be caused are political and economic issues such as their being a company that has the production of food that is the domination of the world’s food production. There are now only a few big companies that develop massively and generate the world’s food by genetically engineered plants and produce. There are also only a few countries that use such means to develop food due to the health risks involved by eating genetically engineered foods. For example the U. S. does not have a law that makes it a requirement to label such foods as genetically engineered foods. Another concern that is brought with genetic engineering and genetically modified organisms are the ones that come from tampering with Mother Nature such as cross mixing animal genes to create bigger and stronger ones. Some call it playing god. Lastly the things most of us have to worry about are the weapons created by using genetic engineering such as biological weapons. With the advancements of science and chemicals only the imagination could limit the possibilities of the weapons that could be created to use against us or others (McPhersson, 2008). In my personal opinion I feel that we need to really regulate what we do with genetically modified microorganism and genetically modified organisms through genetic engineering. We really need to study and watch the health risks that come from us genetically modifying the produce and plants we eat. Same goes for the animals we slaughter. I feel companies are out to make the most money and are only looking at their own benefit by producing more to sell more. The health risks we have caused ourselves are just too great. We are already the country that contains the most obese people in it. Why make things worse. On that note, I do feel we need to keep or advancements and keep pushing forward on creating more ways to heal people with diseases and that have hade damage done to their bodies through disasters ad accidents. References Mcgill, J. (July 2007) Therapeutic Cloning: Promises and Issues. Retrieved From: http://www. ncbi. nlm. nih. gov/pmc/articles/PMC2323472/ McPhersson, J. (2008-08-24) Effects of Genetic Engineering. Retrieved From: http://www. disabled-world. com/artman/publish/genetic-engineering. shtml Eliash1988. (January 20, 2007) Genetic Transfer – Part 1. Retrieved From: http://www. youtube. com/watch? v=t4i0Q_irM8o Philips, T. (2008) Genetically Modified Organisms (GMOs): Transgenic Crops  and Recombinant DNA Technology. Retrived From: http://www. nature. com/scitable/topicpage/genetically-modified-organisms-gmos-transgenic-crops-and-732 Rott, D. (January 21, 2013). IB Genetic Engineering Biotechnology Part 2. Retrieved From: http://www. youtube. com/watch? v=ltFl491UeJY Lisa Starr/Christine Evers/Cecie Starr. (2013). BIOLOGY TODAY AND TOMORROW WITHOUT PHYSIOLOGY, Fourth Edition Strayer University

Assessment Of My Health Record Samples †MyAssignmenthelp.com

Question: Discuss about the Assessment Of My Health Record. Answer: Problems: My health record (MHR) was developed to assist the patients and the healthcare industry, and it is successful in achieving the targets. However, the system is not perfect and has problems associated with it. Out of the many problems associated with the technology, one of the most concerning is the implementation and skills to operate the system. The reason behind the above-made statement lies on the fact that the implementation of the system is costly and requires additional expenses in training and providing the training resources to the stakeholders (McAlearney et al., 2015). The training is provided to make the stakeholders comfortable and aware of the systems operations and uses. Additionally, maintaining the system also demands expertise which the healthcare units have to hire to maintain their servers and systems. Another problem that is associated with the MHR technology is the difficulties that the healthcare experts face in updating the data of the patient regularly. The people who are not comfortable with the technology also finds organising the data according to the priority a difficult task. The older patients also prefer the traditional method of their medical records because they feel comfortable with it. Other people think that the data is stored on the internet which makes the technology insecure and vulnerable to cyber-attacks (Dinev et al., 2016). Hence, in conclusion, it can be stated that no real problem is associated with the system except for the perception towards it. The problem with the implementation cost can also be ignored if the systems long-term benefits are measured. Capabilities: The discussed technology was designed to assist in the medical industry, and it is fulfilling its objective. The capabilities of the technology are vast, and one of the most significant of them is the e-documentation. E-documentation refers to maintaining individuals health record including the past and present condition electronically (Walsh et al., 2017). The documents are made available online to omit the hassle of carrying the documents and worrying about their safekeeping. The documents stored electronically can also be shared with healthcare units and experts in dire situation electronically with proper authentication. As discussed in the problems, one of the biggest challenges to the deemed system is the perception of the people that the system is insecure is a myth. The reason for the above-stated statement is that the data uploaded on the servers are kept encrypted, and appropriate authentication are provided to keep it protected from the trespassers. Additionally, a unique identification is provided to the users to enhance the security even further. The system stores data electronically which offers it the capability of managing and accessing the data from geographically diverse location. The system is also capable of enhancing the capabilities of the experts and the healthcare units. The experts and the healthcare units can test and evaluate new technologies and method in the deemed platform ("eHealth Reference Platform - Australian Digital Health Agency", 2018). The system is also capable of assisting the healthcare units in managing the inventory and offer notification when needed. Benefits: The deemed systems capability has been discussed in the above section which can be evaluated to determine the benefits of the system. On evaluation, it is evident that the system offers ease in the medical process. Hence, it can be stated that the system reduces the hassle in expert and patient communication and even enhances the caring of the patients which can be of great assistance for the people with disability and seniors (Hemsley et al., 2016). One of the capabilities of the deemed system is that it offers notification to the experts which helps the experts to cite proper attention towards the patient. The documentation part is also simplified which also preserves the experts time which he/she can use in caring for the patients. It is evident from the discussion above that the deemed technology is costly. However, it is partially correct as after the implementation the system saves a lot of money. For the healthcare units, the capital is preserved inventory management and testi ng of new systems and techniques which they can perform with assistance from the system. While the patients are financially benefitted by omitting the mailing costs and the transportation cost that the patients incur in visiting the healthcare units. The system is capable of assisting in large geographical domain which offers the benefits of assisting in the dire situation (Turvey et al., 2014). In case, the expert is not physically available to the patient due to geographical distance then the former can offer medical advice or even refer the latter to another suitable expert. Hence, it can be stated that the deemed system provides multiple benefits which should be entertained by everyone. References: Dinev, T., Albano, V., Xu, H., DAtri, A., Hart, P. (2016). Individuals attitudes towards electronic health records: A privacy calculus perspective. InAdvances in healthcare informatics and analytics(pp. 19-50). Springer, Cham. eHealth Reference Platform - Australian Digital Health Agency. (2018).Digitalhealth.gov.au. Retrieved 11 March 2018, from https://www.digitalhealth.gov.au/get-started-with-digital-health/what-is-digital-health/features-of-the-my-health-record-system/ehealth-reference-platform Hemsley, B., Georgiou, A., Carter, R., Hill, S., Higgins, I., van Vliet, P., Balandin, S. (2016). Use of the My Health Record by people with communication disability in Australia: A review to inform the design and direction of future research.Health Information Management Journal,45(3), 107-115. McAlearney, A. S., Hefner, J. L., Sieck, C. J., Huerta, T. R. (2015). The journey through grief: insights from a qualitative study of electronic health record implementation.Health services research,50(2), 462-488. Turvey, C., Klein, D., Fix, G., Hogan, T. P., Woods, S., Simon, S. R., ... Wakefield, B. (2014). Blue Button use by patients to access and share health record information using the Department of Veterans Affairs' online patient portal.Journal of the American Medical Informatics Association,21(4), 657-663. Walsh, L., Hemsley, B., Allan, M., Adams, N., Balandin, S., Georgiou, A., ... Hill, S. (2017). The E-health Literacy Demands of Australia's My Health Record: A Heuristic Evaluation of Usability.Perspectives in health information management,14(Fall).

THOSE HANDS Essays (157 words) - Films, , Term Papers

THOSE HANDS Those hands they do so much they cook, clean and take care of us. As the ring sits on the finger it glimmers in the light as she works. The hands turn the pages of the book as they fill with excitement, for every new paged turned. When people are sick they get better when those hands touch them. As she helps people get off on their day, and takes out time for us to work at our schools. The house is clean but those hands are still working non-stop. But when it's time to rest, the hands touch the remote to find it's favorite show that those hands love. But when it's time to get up to start the whole day over, those hands work again. Those hands that I talk about belong to my mother. Those are very special hands. Bibliography I wrote it from scratch for mothers day, but also for a class

Free Essays on Traits Of A Modern World

Modern ideas are first formed from a simple hypothesis, with little evidence and much hope of truth lying beneath. These ideas become more greatly researched, and develop and change over time, due to more evidence. The modern societies today are such as this, with greatly updated advancement, but true to their original roots, of ancient times, when the beliefs and ideas were only theories, not facts to be found true. According to A History of the Modern World, there is â€Å"in our time a kind of uniform modern civilization which overlies or penetrates the traditional cultures of the world.† Some of these traits are pressures for an increased democracy, countries affecting each other’s growth, and Europe holding the key to the traditional times, which date back to ancient times. One example of using ancient times as a basis for modern civilization is the pressures for an increased democracy. In order for a country to improve its social and ethical conditions, changes must be made in the political powers to help its affected state grow. â€Å"†¦and all modern governments, democratic or not, must seek to arouse the energies and support of their populations† (Palmer 10). Also, with acquired knowledge, the current morals and beliefs of the community may change, and the democracy of the community must adjust to these changes. â€Å"In modern society old customs loosen, and ancestral religions are questioned. There is a demand for individual liberation, and an expectation for higher living† (Palmer 10). People yearn for equality, in every ethical aspect, and need a strong democratic system to support this. The fast changing social desires become social movements, and since the beginning of civilization, the ideas taken from the old world are brought to improve the new world. Another way the traditions of the old world affect the new world are the way modern countries affect each other. In order for the countries of our planet to... Free Essays on Traits Of A Modern World Free Essays on Traits Of A Modern World Modern ideas are first formed from a simple hypothesis, with little evidence and much hope of truth lying beneath. These ideas become more greatly researched, and develop and change over time, due to more evidence. The modern societies today are such as this, with greatly updated advancement, but true to their original roots, of ancient times, when the beliefs and ideas were only theories, not facts to be found true. According to A History of the Modern World, there is â€Å"in our time a kind of uniform modern civilization which overlies or penetrates the traditional cultures of the world.† Some of these traits are pressures for an increased democracy, countries affecting each other’s growth, and Europe holding the key to the traditional times, which date back to ancient times. One example of using ancient times as a basis for modern civilization is the pressures for an increased democracy. In order for a country to improve its social and ethical conditions, changes must be made in the political powers to help its affected state grow. â€Å"†¦and all modern governments, democratic or not, must seek to arouse the energies and support of their populations† (Palmer 10). Also, with acquired knowledge, the current morals and beliefs of the community may change, and the democracy of the community must adjust to these changes. â€Å"In modern society old customs loosen, and ancestral religions are questioned. There is a demand for individual liberation, and an expectation for higher living† (Palmer 10). People yearn for equality, in every ethical aspect, and need a strong democratic system to support this. The fast changing social desires become social movements, and since the beginning of civilization, the ideas taken from the old world are brought to improve the new world. Another way the traditions of the old world affect the new world are the way modern countries affect each other. In order for the countries of our planet to...

Editing Essay Example | Topics and Well Written Essays - 1500 words - 1

Editing - Essay Example The ANWR oil drilling issue has even reached the point that it has become an agenda for national elections. Both the Republicans and the Democrats have used their respective stand on this subject as part of their strategies in gathering political support for every electoral contest in which they participate. The Democrats have held the stand of opposing oil drilling in the area since President Clinton (Douglas). On the other hand, the Republicans have been pushing for the opening of the 1002 Area for exploration and eventual extraction. However, the political noise generated by the debate on this issue between the Republicans and the Democrats has only blurred further the merits and demerits of oil drilling in the ANWR. Therefore, people are led to choose which political party line they should follow instead of basing their stand on the issue on the concrete evidence and logic. If provided an objective view on the issue, however, minus the

Marketing and Strategy Assignment Essay Example | Topics and Well Written Essays - 2000 words

Marketing and Strategy Assignment - Essay Example Companies are spending billions towards research and development in order to create innovations in their product lines. Firms like Apple are generating their core competence in the market based on innovations and research and development (Ireland, Hitt, & Hoskisson, 2011, p.82). The increased competition in the market has also led to marketers spending huge amounts towards improving their positioning and brand image in an attempt to create a distinction between the products and services offered by the competitors in the market (Davis, 2009, p.148). The present study would analyse the marketing strategies adopted by various organizations in an attempt to create segregation and generate competitive advantage in the market. The study would specifically focus upon marketing strategies with real life examples in the industry so as to help generate competitive advantage for business organizations. Analysis The role of marketers in the present business is essentially to analyse the needs an d wants of the customers and design product mix in a manner that tends to satisfy the unfulfilled needs of consumers. Marketers are spending billions on conducting marketing research in order to analyse the demands of the consumers and design an optimum product mix that can be used to generate competitive advantage in the market. Marketing research can help marketers and strategists in determining the gaps in the present level of product or service offering and the demands of the consumers. These gaps can be consequently help in generating a product mix that would help enhance the positioning of the organization. Market research can also help companies find the perceptions of their brands among the members of the target market audience. Strategists can then take up policies that can help in improving their image through the feedbacks gathered from the research (Duboff & Spaeth, 2000, p.106-108). One such example can be found in the case of South Central Bell Company that was continu ously losing its market share. Using market intelligence tools and conducting market research, the company was able to able to identify the reason behind the debacle and take up corrective measures that helped it to again regain its lost position in the market (Hair, Bush & Ortinau, 2007, p.116). Pricing is another critical strategic aspect that can be used to generate market advantage in business. Companies are trying to generate organizational excellence by using technological innovations like Total Quality Management, Kaizen and Six Sigma to ensure minimal operational costs. Examples of this form can be traced in the business strategies of companies like Toyota that has generated competitive advantage based on Just in Time approach (Imai, 1997, pp.4-6). Predatory pricing is one strategy that is very commonly used by marketers to gain market share and eliminate competitors. This strategy involves selling products at lowest rates that helps them capture a large share of the market (Greene, American Bar Association & Section of Antitrust Law, 1996, p.55-56). However critiques have also slammed the benefits of using this strategy as they believe that predatory pricing strategy leads to unfair competitive

Church Construction Project Assignment Example | Topics and Well Written Essays - 2000 words

Church Construction Project - Assignment Example The selection of property to accommodate the church must commensurate the number of people in the church and the finance they are capable of raising to buy the church premises. We need a church for 600-700 people. We are located in a busy suburb of a very large city. Ideally, we may settle for a hall that accommodates around a 1000 people. The hall could be located in a commercial area or residential place. The strength is in the cost because it is affordable. It is close to the houses of most members. If we get the complete floor in a commercial complex, we also get privacy. The weaknesses are that we will not have the church hall completely to ourselves. We will have to observe the rules and regulations of the commercial society and restrain the volume of our sound when we sing hymns and choruses. We now meet in a school hall. The hall is huge and is capable of accommodating 1000 members. It admeasures 7,000 square feet. The school building is strong and is capable of bearing the strain of 5,000 people in the entire floor. I am not aware of any pressure point in the school hall. The hall is such that it can bear pressure from all sides. There is no threat to it from human source, that is, it cannot suffer any harm from purely human strength. If pressure points are meant to be columns, beams and floors, the school is a ground plus four floor affair. Its floor space is about 20,000 square feet. So, considering all the floors, the total floor space is 100,000 square feet. The school has columns and beams and appears to be of robust construction. Discover how the last major construction project in your church was financed. How did this project correspond to what you learned It is about five years since our church was established. We have not faced any situation of a major construction project in our church. We have grown numerically and in zeal. We are collecting funds for our own church premises. There is no problem so far as finance is concerned. We have enough money to finance a purchase. There is a steering committee which is involved in searching for the property. At any rate, I attended a different church before five years. This church has a regular church building consisting of the main church hall on the ground floor, and more halls for church programs on the three upper floors. The main church on the ground floor had high ceiling, almost double the size of the halls on the three upper floors. This church was very old. They had broken down the old single floor building some forty years ago and converted it into a building with ground plus the three upper floors. The finance for this building came from donations by the church members and more finance from the diocesan. No loan was taken. Interview a pastor or church staff member that has recently been involved in a major church construction project. Ask him about how closely they followed the safe borrowing limits suggested in this lesson. Record your findings in your notebook. Most churches in my region have a policy to not borrow money from banks or any financial institutions. They search for donations and grants. If they need loan, they may take it from well-known

The History Of Legal Aid Law Essay

The History Of Legal Aid Law Essay The earliest Legal Aid movement was started in the year 1851 when there was an enactment introduced in France for providing legal assistance to the indigent. In Britain the effort of the state to provide legal services to the poor and needy goes back to 1944, when lord chancellor, Viscount Simon appointed the Rushcliffe Committee headed by Lord Rushcliffe to enquire about the existing facilities in England and Wales for giving legal aid advice to the poor.  [1]  This committee also made the desirable recommendations ensuring that the persons in need of the legal advice are provided the same by the state. The recommendations of the Rushcliffe Committee were submitted to British Parliament, which resulted in the enactment of Legal Aid and Advice Act, 1949. In 1945, the Rushcliffe Committee report was brought to the attention of the Government of India. The credit for drawing the attention of the government of India to this important question goes to the Bombay Legal Aid Society who invited the attention of the Government of India to the report of the Rushcliffe Committee. The Bombay Legal Aid Society in their letter  [2]  suggested the appointment of a similar committee in India to examine the problem of Legal Aid. In 1946, the provincial government was of the opinion that the provisions for the grant of legal aid in civil cases were sufficient but the same for the criminal cases needed to be liberalized. After the correspondence between the Government of India and the Provincial Government the resolution was passed in the Bombay Legislative Council and the Bombay State Assembly. The Government of Bombay appointed a committee under the Chairmanship of Mr. Justice NH Bhagwati  [3]  to consider the question of grant of legal aid in civil and criminal proceedings to poor persons, persons of limited means and the persons of backward classes to make justice easily accessible to these persons. The committee threw responsibility on State to provide free lega l aid for those who could not have access to the Courts of Law due to scarcity of means and guidance. The committee also recommended a four-tier  [4]  machinery for giving legal aid. These recommendations could not be implemented. In the same year (1949), the Government of West Bengal also set up a committee on Legal Aid and Legal Advice under the chairmanship of Sir Arthur Trevor Harries  [5]  . The committee recommended to give legal assistance to the poor. The report of the committee could not be implemented due to lack of requisite funds. Since 1952, the Government of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. The first law commission, 1958 in its fourteenth report  [6]  presented a detailed thought of legal aid with a strong plea to implement the Bhagwati and Harries reports. The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society, then they have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice.  Ã‚  [7]   In 1960, the union government prepared an outline for legal aid scheme and forwarded it to various legal aid organisations and States for their comments. The state government in a conference of the State Law Ministers expressed their inability to allocate funds for the purpose of the legal aid schemes. The Third All India Lawyers conference in 1962, further considered the question of legal aid. It was suggested that legal aid was an obligation of both State and Central Government and for this purpose they should provide funds. In 1970, the National Conference was convened in New Delhhi on Legal Aid and Legal Advice. This conference emphasised that it was constitutional obligation of the state to make provision for Legal Aid to the weaker sections having no means. Justice P.N Bhagwati  [8]  was the chairman of the Legal Aid Committee which was appointed by the Government of Gujarat for the first time for suggesting ways and means of providing free legal aid and advice to the poor and weaker section of the community. The aim of the committee was to make recommendations so as to render legal advice more easily available and to make justice more easily accessible to such persons, including recommendations on the question of encouragements and financial assistance to institutions engaged in the work of such legal aid  [9]  . P.N Bhagwati observed even while retaining the adversary system, some changes may be effected whereby the judge is given a greater participatory role in the trail so as to place po or, as far as possible, on a footing of equality with the rich in the administration of justice.  [10]   The focus of the committee was the indigent person seeking to access justice. The report stated that there can be no rule of law unless the common man irrespective of the fact whether he is rich or poor is able to claim and justify to the rights given to him by the law. The machinery of law should be readily accessible to all. The poor must be placed in the same position as the rich by means of adequate legal service programme. It stated that the inequality between the rich and the poor in administration of the justice can be removed by establishing and developing effective system of the legal aid programme. Legal aid and advice should be regarded not as a matter of charity or bounty but as a matter of right.  [11]   The judicial attitude towards legal aid was not very progressive. In Janardhan Reddy v. State of Hyderabad  [12]  and Tara Singh v. State of Punjab  [13]  , the court, while taking a very restrictive interpretation of statutory provisions giving a person the right to lawyer, opined that this was, a privilege given to accused and it is his duty to ask for a lawyer if he wants to engage one or get his relations to engage one for him. The only duty cast on the Magistrate is to afford him the necessary opportunity (to do so). Even in capital punishment cases the early Supreme Court seemed relentless when it declared that it cannot be laid down in every capital case where the accused is unrepresented the trial is vitiated. To revive the programme, the Government of India formed an Expert committee for Legal Aid in 1972, under the chairmanship of Justice Krishna Iyer  [14]  . The committee submitted a report in 1973 on Legal Aid known as the Processionals Justice to Poor  [15]  . This report came to mark the cornerstone of Legal Aid Development in India. The report  dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law. The report clearly laid down that it is an obligation of the State to ensure that the legal system becomes an effective tool in helping secure the ends of social justice.  [16]   Justice Krishna Iyer rightly observed that, Such a consummation, a proposition to which we are constitutionally dedicated is possible only through an activist scheme of legal aid, conceived wisely and executed vigorously.  [17]  Ã‚  He even said that Law and Justice cannot be regarded as two separate wings any longer and that it had become necessary that they together work towards restoring the faith of the poor man in the legal system by providing him with adequate legal assistance. Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable the aggrieved masses to re-assert State responsibility under Part IV of the Constitution. He also said that poverty is a creation of unjust institutions and unjust society. Thus the legal aid programme aimed at revamping the socio-economic structure by way of removing the socially unjust institutions and creating a new order based upon the ethos of human liberty, equality and dignity of mankind. He realised the fact that though the system had been flagged off under the term  We the people of India  it had no longer continued in the same direction want of procedural formalities had taken precedence over the people at the cost of which justice often suffered casualties The expert committee appointed under the chairmanship of justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India. A national legal service authority accountable to the parliament but protected from official control was recommended. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: Means test- to determine people entitled to legal aid Prima facie test- to determine whether there was a prima facie case to give legal aid or not Reasonableness test- to see whether the defence sought by a person is ethical and moral. In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized bail policy which was not to be dependent on financial consideration Legal services were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In criminal legal aid, the committee was in favour of salaried lawyers. The report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in childrens court. In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer. There was unanimous decision of the Committee that the State should regard it as an obligation to provide legal assistance to the poor and indigent. It stated that this obligation of the State was not merely, socio-economic or political but is also constitutional by reason of Articles 14  [18]  and 22(1)  [19]  . Further the report stated that the legislation and rules so made by the government should not be another piece of legislation made with the reference of any foreign legislation as there is a marked difference between socio-economic conditions prevailing in advanced countries and those prevailing in developing countries like India. It also emphasized on having legal aid programmes and that the organization for effectuating the legal service programme must be responsive to the poor in giving legal service and must not be mechanical and wooden in its approach. Even after, such a programme is introduced there must be a continuous examination of its utility and its responsiveness to the poor. The two judges joined forces as a two-member committee on juridicare, released its final report entitled Report on National Juridicare: equal justice- social justice, 1977 hereinafter, referred to as the 1977 report  [20]  . The report while emphasising the need for a new philosophy of legal service programme cautioned that it must be framed in the light of socio-economic conditions prevailing in the Country. It further noted that the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country. The report also included draft legislation for legal services and referred to Social Action Litigation. It recognises the fact that much of our law was created by the British to suit their convenience and as a result of this it is mostly insensitive to the socio-economic problems of the masses it set out to govern and regulate. This report  [21]  also made an effort to classify those categories of persons who are most in need of legal aid are as follows-   Those persons belonging to the Scheduled Castes or Scheduled Tribes Those persons who either by reason of being inhabitants of backward areas or who are so geographically placed that their voice cannot reach the Courts of justice The poor in general The workman and the peasantry class who toil and labour to earn rewards for their hard work of which they are often deprived. Those soldiers and armed forces personnel Women and children who are deprived social justice on grounds of biological infirmity. Untouchables or those who are referred to as Harijans and who even after abolition of Untouchability under Article 17 of the Indian Constitution are shunned by the Administrative class on the ground of their unacceptance in the community. One of the purpose for setting up the committee was that the central government is of the view that an adequate and vigorous legal service program is necessary to be establish in all the states in the country on a uniform basis. The terms of reference of the Juridicare committee included making recommendations for the establishing and operating comprehensive and a dynamic legal service program for effective implementations of the socio economic measures taken or to be taken by the government including formulation of scheme (s) for legal services. The 1977 report focused on the infrastructure of the legal services of the organization and clearly stated that it was not to be a department of the government but an autonomous institution headed by the Judge of the Supreme Court. The body would have representations from Bar Associations, the Government, the Parliament and the judiciary as well as voluntary associations and social workers and that there would be a multi tier set up for the legal aid organization. The 1977 report was an amalgamation of the 1971 Gujarat report and the 1973 report but absence of certain aspects of the legal services was noticeable. For instance, both the 1971 Report and the 1973 report dealt with the issues arising from the criminal justice separately. Hence it may be stated that except saying that it was continuation of the earlier reports, the 1977 Report made no reference to these aspects. The continuation with the earlier reports was also evident in the reiteration by the 1977 Report of the failures of the traditional legal services programme. The goals of the preventive legal services programme, advocated forcefully by the 1971 Report were recapuliated in this report, it stated that while the endeavor would be to launch a frontal attack on the problem of the poverty, the legal service programme would have to be directed towards providing representation to groups of social and economic protestand  must encourage group oriented and institution directed approach to the problem of poverty. The other goals that were reiterated were: the programme should not identify lawyers with the law but should even pose them against law, wherever law is the reflection of an unjust social order, it had to recognize the inter relatedness of social, legal, educational and psychological problems which beset the poor; the content of the legal services programme was to include spreading of awareness amongst the poor about their rights, tackling the class problems of the poor, initiating socio-legal research into the problems with a view to bringing about reform in law and administration and helping different groups of the poor to organize themselves.  [22]   The 1977 report envisaged several modes of delivery of legal services. The primary mode would be the providing of legal advice through various legal aid offices having both salaried lawyers and assigned lawyers. A whole Chapter was devoted to PIL: and legal aid. It was suggested that the Advocates Act, 1961 be amended to recognize and permit provision of legal aid by law teachers and students. The report clearly stated that the funding of the legal aid programme was the state responsibility and for this identified sources such as court fees collected from the litigants, legal aid steps, levy of special cess, donations and many more for the purpose of funding the legal aid programme and so on. Though the ideas as laid down by the Report was revolutionary but not much that was mentioned in the report was implemented as the government that had appointed the Juridicare committee was not in power when the 1977 report was submitted. The 1977 report remained on the shelf along with it the National legal Services Bill. Though the congress was voted back to power in 1980 but it was too enthusiastic about the 1977 Report. A committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Justice Bhagwati  [23]  . This committee came to be known as CILAS  [24]  and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. In 1987, the Legal Services Authorities Act was enacted, th us crystallising a uniform statutory base for the concept of legal aid throughout the country. Constitutional and Statutory Provisions on Legal Aid Supreme Court on Legal Aid The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara Khatoon v. State of Bihar  [25]  where the court was appalled at the plight of thousands of undertrials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The court pointed out that Article 39-A emphasised that free legal service was an inalienable element of reasonable, fair and just procedure and that the right to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice Bhagwati declared: Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery system of social justice. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and we have no doubt that every State Government would try to avoid such a possible eventuality. Further in the case of Hussainara Khatoon Ors. (V) v. Home Secretary, State of Bihar  [26]  , Patna Justice Bhagwati held that:  its the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under a constitutional mandate to provide a free lawyer to such accused person if the needs of justice so require. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and it is hoped that every State Government would try to avoid such a possible eventuality. In the case of  Khatri Ors. (II) v. State of Bihar Ors  [27]  . , the court answered the question of the right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held that the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal a id at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal or child abuse and the like, where social justice may require that free legal services need not be provided by the State. Right to free legal aid, just, fail and reasonable procedures is a fundamental right (Khatoons Case). It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the accused at this stage. Thus, state is under a constitutional obligation to provide free to aid to the accused not only at the stage of.  Every individual of the society are entitled as a matter of prerogative. He repeated in  Suk Das v. Union Territory of Arunachal Pradesh  [28]  Ã‚  and said   It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21.   Justice Krishna Iyer in  M.H. Hoskot v. State of Maharashtra  Ã‚  [29]  , declared If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual for doing complete justice. Justice Bhagwati in the case of Kara Aphasia v. State of Bihar  [30]  where the petitioners were young boys of 12-13 years when arrested, and were still languishing in jail for over 8 years. They also alleged to have been kept in leg irons and forced to do work outside the jail, directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21. In Centre for  Legal Research Anr. v. State of Kerala  [31]  Ã‚  , Chief Justice Bhagwati took a step further and laid down norms or guide-lines laid down for State to follow in giving support and cooperation to voluntary organizations and social action groups in operating legal aid programmers and organizing legal aid camps and lok adalats or niti melas. While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to whether voluntary organizations or social action groups engaged in the legal aid programmed should be supported by the State Government and if so to what extent and under what conditions. There can be no doubt that if the legal aid programme is to succeed it must involve public participation. The State Government undoubtedly has an obligation under Article 39-A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operations remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a social entitlement of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as particip ants in it. If we want to secure peoples participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organizations and social action groups. These organizations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. It is now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call strategic legal aid programme camps, encouragement of public interest litigation and holding of lok adalats or niti melas for bringing about settlements of disputes whether pending in courts or outside. The assistance of voluntary agencies and social action groups must therefore be taken by the State for the purpose of operating the legal aid programme in its widest and most comprehensive sense, and this is an obligation which flows directly from Article 39-A of the Constitution. It is also necessary to lay down norms which should guide the State in lending its encouragement and support to voluntary organizations and social action groups in operating legal aid programmes and organizing legal aid camps and lok adalats or niti melas. We are of the view that the following norms should provide sufficient guidance to the State in this behalf and we would direct that the State Government shall, in compliance with its obligations under Article 39-A of the Constitution extend its cooperation and support to the following categories of voluntary organizations and social action groups in running the legal aid programme and organizing legal aid camps and lok adalats or niti melas. In  Indira Gandhi v. Raj Narain  [32]  Ã‚  the Court said: Rule of Law is basic structure of constitution of india. Every individual is guaranteed Rule Of Law is basic structure of constitution of India. Every individual is guaranteed the rights given to him under the constitution. No one so condemn unheard. Equality of justice. There ought to be a violation to the fundamental right or prerogatives, or privileges, only then remedy go to Court of Law. But also at the stage when he first is produced before the magistrate. In absence of legal aid, trial is vitiated.

Themes in White Noise by Don DeLillo Essay -- White Noise Don DeLillo

White Noise â€Å"The world†¦is crowded, not necessarily with occupants and not at all with memorable experiences, but with happenings; it is a ceaseless flow of seductive trivialities which invoke neither reflection, nor choice but instant participation.† (Oakeshott) The idea of the lacking of realness is one of the major themes carried out throughout the novel White Noise by Don DeLillo, especially through the device of the television. â€Å"For most people there are only two places in the world. Where they live and their TV set. If a thing happens on television, we have every right to find it fascinating, whatever it is.† (DeLillo 66) The television in the novel White Noise is portrayed almost as a character and plays a significant role in the lives of the individuals in the story. The TV set is always on in the house and emits a constant flow of words, sounds, and images into the home. McCarthy depicts the TV set itself as â€Å"both a piece of furniture in a room and a window to an imaged elsewhere, both a commodity and a way of looking at commodities.† (1) In other words, not only is the television an American commodity, it also gives rise to hundreds upon thousands of other â€Å"must-haves†. There is hardly a home in America lacking at least one television set, giving this mode of communication enormous influence ability. â€Å"The world has but one language, soon learned: the language of appetite.† (Oakeshott 41) In order to feed this appetite Americans especially, glue their eyes to the TV to see what new ways of living and new products are out there to make their lives better. The character, Jack Gladney shows this modern-day way of thinking when he goes shopping at the mall. After looking at the â€Å"mass and variety† of hi... ... nothing" since "there is no media in Iron City." (DeLillo 92) To the characters as well as to most of society, only the amount of coverage of the incident by the media brings the event into existence. It wouldn’t matter how many casualties how many lives ruined if the occurrences weren’t captured on film and plastered over every news station. â€Å"For most people, events are not ‘news’ unless they appear on television.† (Johnson 212) Once again this is seen when the refugees from the toxic cloud are upset that they only got fifty-two words on television, and not even on network news. â€Å"Are they telling us that it was insignificant†¦? Do they think this is just television? ... Don’t they know it’s real?† (DeLillo 162) Once again this concept that remains throughout the entire novel of distinguishing real from not real is brought up, and once again, is misunderstood.

Scientific Management – Taylorism

‘Scientific Management’ is a managerial development theory that was proposed by Frederick Winslow Taylor in the 1880s. It was designed to apply scientific methods to the management of work organisations in order to improve economic efficiency and labour productivity. This theory is also well known as ‘Taylorism’ and has had a significant impact in the history of organisational management. Scientific management has had many benefits in the work organisation such as the division between workers and managers, increased efficiency in production and task specialisation. To some extent, this idea may still be relevant in some organisations but it is evident that the problems associated with this theory has led to the downfall of scientific management in today’s service economy and furthermore has allowed for the introduction of improved managerial methods. The issues and disadvantages of scientific management will be further discussed and explained why it is no longer considered relevant in our modern day service economy. With the introduction of scientific management in the work organisation there has been a controversial debate over the changes that occur within the workplace. Do the disadvantages of scientific management theory outweigh the advantages? It is true that this method allows specific tasks to be assigned to specific workers according to their specialisation thus increasing efficiency in productivity as well as a â€Å"regimented system of work organisation and managerial practice† (Aguiar, 2002, p. 239). However these changes have had a detrimental effect on the welfare of the workers due to the investigation of introducing new management procedures. Stress levels and insecurity of the workers were said to have increased as a result of redundancies, layoffs and health and safety issues according to Aguiar (2002). There was also a change in work conditions that introduced the ‘gender division of labour’ meaning that women were assigned with easier jobs whereas men were assigned with the more â€Å"heavy-duty† (Aguiar, 2002, p. 246) jobs. Due to these new management strategies, labour intensification had been increased ultimately leading to an increase in workload and even more changes in work conditions. As a result of gender division, it was evident that there was a significant difference in wages for women and men. Men typically received a higher wage than women which unquestionably became an issue as men were less likely to experience changes in their assigned jobs, whereas women were more susceptible to these changes. Furthermore, not only are women’s wages lower than men’s, this often ends in a gender clash as it leads to women feeling unmotivated and not up to standard. Not only has scientific management created a negative gender division in work organisations, it has also created a less encouraging environment for workers. Although the principles of Taylorism have had a positive outcome on efficiency of production and productivity of workers, it has negatively impacted the workers as it has decreased job satisfaction thus increasing the repetitive nature of the workload. As workers are only required to specialise in one specific task, workers quickly become dissatisfied as the fundamental job requirements such as variety of skill, significance of tasks, independence and criticism are all missing. According to Gronroos (1994), it is due to the introduction of new technology in the work organisation that prevents workers from experiencing considerable job satisfaction. This also results in a poor relationship between workers and customers, as the value of customer satisfaction is neglected and therefore competitive advantages are not achieved. In some work environments there were â€Å"additional target-related pressures† (Bain et al. , 2002, p. 182) where workers refused to work overtime or simply insisted on taking breaks between shifts. In some cases there would be workers that would feel the need to conform and not give into pressure to take breaks thus increasing stress levels and decrease in job satisfaction. Lastly, there is also the issue of Taylorism being easily distorted to exploit workers in a way that they are being controlled and treated as machines rather than human beings. This introduces the idea that this method of management can be seen as dehumanising to the worker. Taylor fails to recognise the importance of the wellbeing of workers in their work environment and rather focuses entirely on gaining maximum efficiency, productivity and profits. This raises conflicts with labour unions as they strongly believe that humans are unlike machines and cannot operate as machines do. Since workers are assigned to their specific task and that task only, they are unable to develop further skills and use their imagination and creativity to complete certain tasks and this is due to a scientific approach in management. There are limited opportunities for workers to be able to express his or her creativity as â€Å"each worker has a very well-determined task† (Caldari, 2007, p. 73). Therefore the outcome of completing the required task will only result in maximum efficiency if they complete what they have been assigned to do but will be unable to develop mentally thus illustrating the concept of dehumanisation. Although the human mind is constantly capable of storing new information such as certain routines and actions, â€Å"the human brain and flexible production systems must exhibit the ability to change, evolve and create† (Caldari, 2007, p. 74). Conclusively, it is evident that in some cases the scientific management approach is accepted by some work organisations. However, Taylor’s theory is flawed in a way that he has failed to account for the crucial factors relating to human welfare and focuses purely on maximisation in productivity, efficiency and profits. Although Taylor’s method was considered the machine model of organisation, and impacted management history in dramatic ways, his theory had also raised many controversial issues that must be considered prior to applying those theories in a predominant service economy. Scientific management may have had a positive impact in particular organisations but in today’s society, this theory is no longer relevant in a predominantly service economy.

Identity Creation essays

Identity Creation essays An individuals attributed characteristics gives rise to the transformation of self of identity. Oscar Wildes The Importance of Being Earnest has both Algernon and Jack taking on the identity of Earnest in order to court their lovers. This act of taking up of the name Earnest is in reality the foundation identity is based on. When a person claims that his name is Earnest, under normal circumstances such a proposal is true. Christopher Nassaars article Wildes The Importance of Being Earnest and Stoppards Rosencrantz and Guildenstern are Dead, suggests that Wilde plays around with irony and allows for certain unexpected things to occur. This is a bridge between identity in Wildes play and Helen Fieldings Bridget Joness Diary. Fielding has Bridget, a mid-aged single woman struggling to find a man of her dreams. Bridget achieves this through putting on make up and monitoring her body weight. Penny Dick suggests in her article Book Reviews: Bridget Joness Diary, that female identit y is at play when a woman is seeking a relationship. A correlation between Algernon and Jack with Bridget is that they all pretend to be someone who is not completely natural by nature. According to Micheal Liammoir in his The Importance of Being Oscar, the characters in the play create their identity through comedy. Such pretence in both works can be seen as a successful creation of self identity due to the fact that it all works out. In my paper, I propose to discuss the success of identity creation in the two texts and its significance to the world today. When Jack and Algernon took on the identity of Earnest, they created a comical atmosphere for the play with the idea of Bunburrying. Once the tone of the play has been set, many improbable things can occur like Cecily and Gwendolen falling in love to only a man named Earnest. The true identity of Jack and Algerno...

stereotypes in ancient east essays

stereotypes in ancient east essays Social, religious and ethnic stereotypes in the ancient Near East and the lessons to be gained from that for our modern world: 2. The Ancient Near East; Explain the culture and define the stereotypes. 3. Draw paralells between The ancient Near East and The modern world and what lessons we have learnt. Would one be able to link stereotypes to an exact science of numbers, figures and statistics? Or do stereotypes evolve socially through the the general mindset and identification of peoples perception of popular and recognisable behaviour in more than one individual? Defining the word itself is easy, one could find an abundance of information leading to the answer right through from the Greek deriviation from stereos; meaning solid and typos; meaning the mark of a blow, impression, or model, to a modern dictionarys definition as; A relatively rigid and oversimplified or baised perception or conception of an aspect of reality, especially of persons or social groups. But dictionarys does not lead to the true meaning and social explanation of the term. We need to view the definition as a blank space which we colour in with meaning as we gather our paints. To start of with we are placed in an eviroment; a physical and phsycological plain in which humans create real and psuedo based experiences on which they base their own behaviour and those of the people around them. In that enviroment it then becomes very important for the basic survival of the species and the individual that social life demands that we know and try to understand the why of behaviour. Why in the sense of control, of order, of predictabality, of stability and of meaning. Through that people build up a preconception of what survival is to them, by adding the creative mind to social enviroments known to them. They can therefore try and predict the outcome of situations within that known enviroment by adding their own experi...

The negative impact of multiculturalism (Multiculturalism highlights Research Paper

The negative impact of multiculturalism (Multiculturalism highlights difference and can lead to hate crimes) - Research Paper Example My mind does not accept this. Dear fellows, terrorism is on its rise, and racial differences have been a part and parcel of the whole scenario. The stigma attached to the Arabs, for example, makes them aliens among us. We are not able to feel comfortable in diverse workplaces, where people from other cultures work, because we are afraid they might have hidden bombshells under their clothes. This fear has elevated after the 9/11 attacks. How are we going to trust people of other cultures and races now? Cultural and racial profiling that involves blaming people belonging to other races and cultures is on its rise after the terrorist attacks. It is â€Å"the practice of targeting individuals for police or security interdiction, detention, or other disparate treatment based primarily on their race or ethnicity, in the belief that certain minority groups are more likely to engage in unlawful behavior† (Muffler, 2006, p.1). Cultural profiling is simply a violation of the constitution that gives protection to al l cultural groups of a society. It has led to shooting and killing of people of other cultures for the sake of security, based on stereotypes attached to certain cultural groups. For example, Travon Martin was â€Å"the unarmed teenager allegedly killed by a neighborhood watch captain while walking home from a store† (Lee, 2012, para.1). He was an African-American. Hence, multiculturalism has given rise to cultural profiling, especially in America, as people of other cultures have been targeted, shot, gunned down, punished, and tortured, just because of their cultural backgrounds. What is more, my dear friends, multiculturalism has also given rise to conflicts and disputes at workplaces. The difference in salaries and benefits seen at workplaces is actually what gives rise to discrimination, which eventually leads to hatred between members of the same community

Sysco case Assignment Example | Topics and Well Written Essays - 1000 words

Sysco case - Assignment Example In simple terms, Sysco needs to set a link between the BI package and databases. Why did Sysco decide initially to address only two questions with its new BI software rather than use it as a more general analysis tool? Why did Business Objects recommend this approach? What are the tradeoffs? Initially, Sysco wanted to address only two questions, one being the selling of additional products to each of the customers and the second question was identification of such current customers that Sysco would lose in future. These two questions were predictive in nature. The first question the software could provide answer to was related to comparison of a client’s activity based on its size, type, geography and other factors. By generating different profiles and comparing them continuously with what was being ordered by the customers, the software could generate reports with potential business opportunities. The second question the software could answer was monitoring customers’ ordering design over time, noticing a change in the volume of a regular customer’s order for all or a particular product type. Such information could be very crucial to Sysco so as not to lose its loyal customers and pay more attention to their requirements. Business Objects also supported and recommended Sysco approach to use the software selectively after extensive analysis and interviewing, which was its pre-sale service support to provide business intelligence to its client Sysco. For judging the effectiveness of the new systems, Sysco should calculate the cost of the software on individual companies. Systems’ effectiveness depends on the fast return back of the investment made on the purchase of the software. The estimated cost is in the range of $2.5 million to $3.5 million but actually, it depends on the software, its time of purchase and the consulting support needed to implement the software

The Hobbit by J.R.R. Tolkien Essay Example | Topics and Well Written Essays - 1000 words

The Hobbit by J.R.R. Tolkien - Essay Example There are many reasons as to why the notion that Bilbo’s decision to go on the adventure was not due to peer pressure but one which was associated with his inner most desires being put forward. It is easy to believe that people never change, however while some might believe that others put faith in the notion that if given an opportunity everyone changes. As far as J.R.R Tolkien’s character Bilbo Baggins is concerned, an alteration of this character that undergoes significant changes is evident to the reader. The truth of the matter is that the true nature of an individual is brought to the surface when he is put under several tests. These tests for Bilbo were the adventures he undertakes. So we might say that this transformation might have been insightful but these characteristics, brave, resourceful and adventurous were always who Bilbo Baggins was. These hidden characteristics were a big part of why Bilbo Baggins decided to undertake this journey in order to find himself. His boring monotonous yet comfortable life and his forthright denial were just based on the forced perception of the Hobbits as creatures who were not at all adventurous or brave or prone to taking risks. Where society believed he was a coward he managed to prove them wrong in the way we see Bilbo fight the great spider by using his little sword. We see how slaying the great monster made Bilbo realize that without anyone else’s help he had managed to overcome a great hurdle. This independence and bravery were his defining characteristics as he had gloriously prevailed as the victor despite the enormity of his opponent. He now managed to see himself as the person Gandalf was known he was when he had extended to him the invitation to embark on the adventure. There are other reasons which would explain why Bilbo was so against the idea of going on the adventure when Gandalf had initially asked him. It had little to do with the Hobbit really wanted but

Returning to College Essay Example for Free

Returning to College Essay At the beginning of 2013 I had a discussion with my co worker about returning back to school, and the I was indecisive on what I wanted to major in. So she suggested that I do online courses, and major in Organizational Management since I wanted to become a manager within the company I am currently employed. She referred me to Ashford University, and I must say that I am very happy that she referred me to this university because it works perfectly with my work schedule. In 2002 I was accepted into Lemoyne Owens University back in Memphis,  Tennessee to major in Child Development and Education because I wanted to be a elementary school teacher. I did not attend the university because the university wanted my parents to pay more in tuition than what they were offering me in Financial Aid. At the time student loans was not an option for me for I decided to attend a Junior College instead. My first year and a half at Laney Junior College I took cosmetology classes because Laney did not offer Child Development courses and the other junior colleges classes were full. I graduated with my Associates Degree in Cosmetology in 2004, and  returned to receive my Associates Degree in Business Administration. Although I started off taking business courses I ended up switching my major to receive my Associates Degree in Liberal Arts, because it would have taken 3 years to receive my degree in business admin. Once I graduated in 2006 with my Liberal Arts degree I decided not to go back to school after that although I wanted to. I decided to put all of my effort into my 3 job, until 7 years down the line one of my co workers who is also a student at Ashford University convinced me to return to school to get my Bachelor’s Degree. Returning back to school was frequently on my mind but I did not know how to fit it in with my busy work schedule, and I felt that my writing skills were not up to the college level like they should be. Obtaining a higher degree is very important to me because it can possibly help me in the long run career wise. I would love to own my own business some day, particularly my own day care center. I also would like to be an accountant and possibly have my own accounting business. There are times that I feel that my job gets in the way of me completing my school work. So I try to set time aside each day to complete at least one discussion each day and try to complete my assignments and responses over the weekend. There are things that tend to get in the way of those plans so I just end up staying up late to complete my work. I try my hardest not to let any obstacles get in my way but I can’t predict my life and each step as much as I wish that I could. I plan on graduating next year with my Bachelor’s in Organizational Management and then try to obtain my degree in Accounting. Returning back to school has so far been one of my best life decisions thus.

Career Plan Essay -- Business Career Goals Plans

My Career Plan The future is uncertain for me, but it is important to develop a career plan that will provide financial support and personal fulfillment over the course of my professional life. To make this transition from school to a professional career, I am going to plan a plan that will help me stay focused and motivated in meeting my goals and objectives. In the next paragraphs, I will explain my ten-year plan for my professional career and incorporate some of Mr. Bolles ideas in how to do this process. At the end of my career, I want to be recognized as a positive team leader who can bring the best out of her subordinates and help increase profits for the company. I believe it can be achieved due to the impact on people’s lives around me in school and out. California State University Monterey Bay prepared me for these objectives by implementing teamwork, passion for your career and love for diversity. I do realize to accomplish all that I want to, I have to be motivated and keep a positive attitude as I continue to learn new skills. â€Å"If a thing turns you on, you’ll be good at it; If it doesn’t, you won’t†, said by David Maister, because you have to love what you do in order to enjoy life and produce great outcomes in your job selection.[1] Especially now with the turmoil in the economy, if you have a great job, you are blessed and hold on to it. Therefore, in the next paragraphs, I will show you my ca... ...bs. ----------------------- [1] Bolles, Richard. (2009). What Color is your Parachute? (pg 20) Retrieved on April 8,2009, from http://books.google.com/books?id=2P-0JiwZ2cIC&pg=PA129&dq=what+color+is+your+parachute+online+reading#PPP1,M1 [2] Bolles, Richard. (2009). What Color is your Parachute?(pg 4) Retrieved on April 8,2009, from http://books.google.com/books?id=2P-0JiwZ2cIC&pg=PA129&dq=what+color+is+your+parachute+online+reading#PPP1,M1 [3] Bolles, Richard. (2009). What Color is your Parachute? ( pg 8) Retrieved on April 8,2009, from http://books.google.com/books?id=2P-0JiwZ2cIC&pg=PA129&dq=what+color+is+your+parachute+online+reading#PPP1,M1 [4] Bolles, Richard. (2009). What Color is your Parachute? (pg 9)Retrieved on April 8,2009, from http://books.google.com/books?id=2P-0JiwZ2cIC&pg=PA129&dq=what+color+is+your+parachute+online+reading#PPP1,M1

Discrimination against Black and Whites :: Essays Papers

Discrimination against Black and Whites This story, Black Boy is a great book that describes how the author, Richard Wright, suffered in the South of the United States during the time when there was still a lot of discrimination throughout the country. Since the author explained many of his horrible experiences in the past, this book cannot be written in a thin book. This thick book is full of his great experiences that wanted to be read by many people in the world in order to let everybody know the disasters of racism. This racism affected Richard Write a lot and he had to adapt to the environment that he was in, although he didn’t know how he should act in front of white people in the beginning of the story. There are not many examples in the beginning of the story since Richard was a little boy, and he still didn’t know about racism. He did know that something was different between black and whites, but he wasn’t able to understand it since he was too young. He even talks to himself in Pg. 49 that â€Å"I had heard that colored people were killed and beaten, but so far it all had seemed remote. There was, of course, a vague uneasiness about it all, but I would be able to handle that when I came to it. It would be simple. If anybody tried to kill me, then I would kill them first.† After this, he realized the harshness of racism around his society when Uncle Hoskins got shot by a white man when he was at the saloon. And the reason is just because a black man was earning a lot of money and the white man became jealous. Also after this scene, there is an another example in Pg. 172 where he met his classmate, Ned Greenley who had lost his brother since the whites shot him for a specific reason. Ned said, â€Å"Th-they said he was fooling with a white prostitute there in the hotel.† Richard was shocked since he could be in those kinds of situations at any time. Richards starts to think of really going to North soon as possible now. In Chapter nine, there is a scene that is really harsh where Richard sees it, but could do nothing. This scene is at the clothing store for black people where Richard worked.

Cooper Case

Executive Summary In the Case study, Cooper Industries is trying to acquire Nicholson File Company. However, there are two other companies that are interested in Nicholson as well: VLN Corporation and H. K. Porter Company. In 1971, VLN together with Nicholson management constructed a deal that, however, didn’t get the support from the majority of common stockholders. After having done a discounted cash flow analysis, I determined that Nicholson stock is undervalued. Also, Nicholson seems to be a good strategic fit for Cooper. Therefore, Cooper could acquire Nicholson on friendly terms with a relatively large premium to attract the majority of the shares needed. The problem for Cooper is to determine how best to acquire Nicholson and the adequate price to pay. 1. ) and 2. ) In my opinion, Mr. Cizik should make an attempt to gain control of the Nicholson File Company. Cooper Industries has been pursuing a policy of expansion through the acquisition of other companies and this strategy appears to be working well for them. They have acquired a number of companies and have been successful in integrating them into Cooper Industries. They have established three criteria that potential companies for acquisition must meet and Nicholson meets all three criteria. Nicholson holds 50% of the market share in files and rasps, its main products, therefore implying that Cooper could be a â€Å"major factor† in this industry. Nicholson is also a leading company in their markets and it is a stable company in terms of not being dependent on a few major customers. Nicholson has a great deal of potential for greater sales growth as it is only growing sales at 2% compared with the industry average of 7%. Due to the strengths of its products and distribution system they should be capable of raising growth rates to the industry average. The company is further desirable to Cooper as the two companies sales forces could be combined leading to cost savings. Nicholson’s European distribution system could also be very helpful in expanding Cooper’s sales in Europe. As Cooper Industries sells more of their product to industry and Nicholson to the consumer market by combining the companies they may be able to increase sales of both product lines to the market segment they are weaker in. All in all, Mr. Cizik should try to gain control on Nicholson File company as it seems to be a good strategic fit. 3. Nicholson’s firm value derived by the means of DCF analysis amounts to $ 39. 86 mio. After subtracting net debt, the value of Nicholson’s equity amounts to $ 28. 86 mio. meaning an equity value per share of $ 49. 42 (undervalued). This should also be the maximum price that Cooper should afford to pay for Nicholson. 4. Cooper analyzed the benefits of the merger with Nicholson. Cooper estimated that the cost of goods sold after acquiring Nicholson could be reduced from 69% of sales to 65% meaning a dollar value of this synergy of $ 11. 7 Mio. Also, SG&A could be reduced from 22% of sales to 19% of sales resulting in a dollar value of this synergy of $ 8. 45 Mio. These numbers are based on the combined net sales for 1972 using a 7% growth rate in sales from previous net sales (growth of industry level). The opposite distribution of business activity in business and consume r market is likely to result in revenue growth. The numerical effect of this revenue pulling, however, is highly vague at this point in time. 5. The exchange value Cooper could afford to pay out without causing any dilution according to my calculation is $ 37. 2 per share meaning an Exchange Ratio of 1. 55. Thus, we could offer 1. 55 Cooper shares for every Nicholson share they need. This amounts to 133,013 of Coopers shares for 86,000 Nicholson shares. If they wanted to pay cash for the remaining stocks it would then be $37. 12 * 86000 = $ 3. 19 mio. for the remaining stocks needed to gain control via 50. 1% of all shares. Despite the threat of EPS dilution, Cooper might be willing to pay a price higher than $ 37. 12, if the negative short-term effect will be outweighed by positive ones in the ong-run. In general, it is crucial to consider the effect of acquisitions on EPS as a significant, or enduring dilution of EPS will harm the corporation’s performance significantly. 6. I do recommend a loan as capital preferred financing structure. This use of debt rather than equity financing for the acquisition of Nicholson causes a higher return on equity, as well as an increase in the efficiency of existing capital structure. Also, there are tax advantages to be realized through debt financing (tax shield). The ultimate goal would be to maximize shareholder value and this can be supported through a lower WACC resulting from a higher leverage (as effect outweighs increase of risk). The interest on debt is tax deductible resulting in a higher Net Income and, thus, EPS. Nicholson management had accepted an offer from VLN Corporation using convertible stock but rejected a cash offer from H. K Porter. Nicholson may not want cash for their company. If that was the case, Cooper would need to offer cumulative convertible stock. 7. With an exchange ratio of 2, about 78% of the new firm would be owned by Cooper. The relatively high exchange ratio would result in a severe reduction of control to Nicholson’s shareholder (22%). Under the given circumstances with an exchange ratio of 2, the acquisition premium for paid would be $ 14 per share. The minimum synergies required that this offer makes sense would be $ 8. 18 Mio. Given my synergy valuation from task 4, this would definitely be a realistic achievement. 8. Porter bought Nicholson’s shares with the intention to take over the company themselves. However, as they weren’t able to acquire enough shares required to buy the company, they are now looking to tender their shares. Obviously, they’d like to do this profitably and, thus, their primary concerns are the price- and liquidity-level. They try to get the most value out of their stocks, so price is of primary importance in a bargaining process with them. Nevertheless, they want to be able to quickly liquidate their stocks meaning a preference for cash payments. They expressed that convertible preferred stock was acceptable as they assume Cooper stock to be stable and easily tradable on the NYE. The speculators/ unaccounted for shareholders would also be primarily concerned with price. These shareholders may be tempted to buy or not to buy based on what Nicholson family and its management suggests they do. Thus, one possible way to reach these group of shareholders may be through management. Due to this influence, the family Nicholson and its management have a greater bargaining position as implied by their shares. They are interested in more than just the price. The management is not highly attracted to a takeover, but they know they no longer have a choice. So, at least, they wish to see Nicholson remain autonomous within any acquiring company. Nicholson’s management and family is most likely not willing to sell the majority of their shares for cash; They wish to maintain a stake in the company. As a result, Cooper would need to offer a stock exchange. VLN, as Coopers bidding competitor, is unlikely to be willing to sell their shares to Cooper for a reasonable price. Ex-Post: In 1972 Cooper industries acquired Nicolson File Company Two Cooper Industries Inc. Based on the given information in the case study regarding the acquisition of Nicholson File Company by Cooper Industries, there is no question that Cooper should try to gain control of Nicholson. This decision is based on an analysis of the bargaining positions of each group of Nicholson stockholders which have disparate goals and needs that need to be met. In addition, an appropriate payment method and specific dollar value based on a competitoraâ‚ ¬Ã¢â€ž ¢s offer and Cooper financial data was decided. The remainder of this paper will provide the analysis and rationale for this determination. Should Cooper Industries Acquire Nicholson File Company? Cooper Industries has been expanding through diversification since 1996. Cooperaâ‚ ¬Ã¢â€ž ¢s requirements to acquire a company has three major components. The target company must be: 1. In an industry in which Cooper could become a major player 2. In an industry that is fairly stable, with a broad market for the products and a product line of aâ‚ ¬? small ticketaâ‚ ¬Ã¢â€ž ¢ items; and 3. A leader in its market segment. When looking at the criteria that Cizikaâ‚ ¬Ã¢â€ž ¢s company (Cooper Industries), set forth relative to acquisitions, the acquisition of Nicholson meets all three objectives plus has significant potential short and long-term potential. Cooper management feels that by eliminating redundancy and streamlining Nicholsonaâ‚ ¬Ã¢â€ž ¢s operations this potential can be realized. Currently, Nicholsonaâ‚ ¬Ã¢â€ž ¢s financial history boasts a 2% increase in profit annually but this percentage is way below the industry average of 6%. Cooper management proposed that if Nicholson stops selling to every market, increased efficiencies would result and cut cost of goods sold from 69% of sales to 65%. It was also suggested that the acquisition could lower selling, general, and administrative expenses from 22% of sales to 19%. Nicholsonaâ‚ ¬Ã¢â€ž ¢s position in the file and rasp market where it holds a 50% market share of a $50 million dollar market meets all three of Cooperaâ‚ ¬Ã¢â€ž ¢s objectives. Furthermore, Nicholsonaâ‚ ¬Ã¢â€ž ¢s brand name within the hand saw and saw blade industry is strong and Nicholson holds a 9% market share in the $200 million dollar aâ‚ ¬Ã¢â‚¬Å" their only major competitor was Sears and Diston who held a larger market share. Shareholder Standings At the time of the proposed merger between Nicholson File and VLN, there were a total of approximately 584,000 Nicholson shares outstanding. H. K. Porter had not purchased enough shares to hold majority control, and this situation provided Cooper with yet another opportunity to acquire Nicholson. Nicholson and Porter stockholders had their own concerns, as well as bargaining positions, and if Cooper was to acquire Nicholson they had to address all of their concerns and convince them that the merger was a mutually beneficial proposition. The table below, Exhibit 7 in the case study, shows the estimated disposition of shares in early 1972: Estimated Distribution of Nicholson File Company Stock_______________ Shares supporting Cooper H. K. Porter 177,000 Cooper Industries 29,000206,000 Shares supporting VLN Nicholson family and management117,000 Owned by VLN 14,000 131,000 Shares owned by speculators 50,000 aâ‚ ¬Ã¢â‚¬Å" 100,000 Shares unaccounted for 197,000 aâ‚ ¬Ã¢â‚¬Å" 147,000 Total Nicholson shares outstanding 584,000 Shareholder Concerns There are three major groups of shareholders that Cooper must consider when putting together their offer to acquire Nicholson. These groups are Nicholson, H. K. Porter, and the group of Unaccounted for Shares and Spectator Shares. Nicholson File Company Loss of control – Nicholson managementaâ‚ ¬Ã¢â€ž ¢s greatest fear was loss of operating control. The company had been in the Nicholson family for years, and if Cooper expected to gain support for the offer by Nicholson and gain at least 86,000 shares to tip them over the majority (206,000 + 86,000 = 292,000; 584,000/2 = 292,000) they would need to guarantee them that they would work with the current management to maintain the identity and image of Nicholson. Additionally, Wall Street investors would view the maintenance of Nicholson management as a stabilizing factor in the merger. Loss of product lines aâ‚ ¬Ã¢â‚¬Å" Whichever company acquired Nicholson, there was no doubt that aggressive cost cutting measures would be pursued; this would undoubtedly mean marginal product lines would cease to exist. Although Cooper could not emphatically guarantee that nothing would change, they could guarantee that they would work with Nicholson to determine if improvements could be made to product lines at risk and thereby maintain their existence, or at the least–include Nicholson management in the decision making alternatives. H. K. Porter Stock valuation – If the merger with VPN were successful, Porter would receive VLN preferred stock for their 177,000 Nicholson shares. VLN stock performance had been dreary, and did not show any signs of growth in the short-term. This would make it difficult for them to sell the shares of VLN on the American Stock Exchange which does not trade in large blocks. Additionally, from the years 1968 to 1971, VLN net sales had grown only 3% from $97 million to $100 million. Net income actually decreased by almost 7% for the same time period from $3. 2 million to $2. 98 million. Quick Sale aâ‚ ¬Ã¢â‚¬Å" Porter will most likely sell their shares immediately after the deal is closed. They will do this because they no longer will have an interest in acquiring Nicholson, and history has shown many times over that share prices will fall rather quickly as mergers do not create synergies through added value or earnings growth. Unaccounted For Shares and Spectator Shares Valuation and Sustainability aâ‚ ¬Ã¢â‚¬Å" This voting bloc has the same concerns as Porter relative to share pricing, but is more concerned with sustainability unlike Porter who is concerned with making a quick dollar. They own a lot more shares, estimated between 150,000-200,000 shares, and are not certain that VLN Corporation projected figures are truthful. VLN Corporation has not paid consistent dividends for many quarters, and has not shown any real growth, yet is still offering to match Nicholsonaâ‚ ¬Ã¢â€ž ¢s $1. 60 dividend rate as part of the merger deal. Shareholder Negotiations Both Nicholson and Porter had strong postures regarding the merger, and Cooper needed both companies to bless the merger to get it approved by a majority of the stockholders. Cooper only owned 29,000 shares and needed a total of 292,000 shares to gain a majority. Nicholson and Unaccounted Shares The Nicholson family and management owned 117,000 shares. However, the speculation was that 150,000-200,000 of the unaccounted for shares would vote with the Nicholson family. This amount of shares would give Nicholson immense bargaining power. Cooper knew that their offer would have to be as good, if not better than VLNaâ‚ ¬Ã¢â€ž ¢s offer, as Nicholson management wholeheartedly supported the merger with VLN. H. K. Porter Porter owned 177,000 shares. This was a major voting bloc and gaining their support was essential. Luckily, Porter was eager to work with Cooper because they believed their VLN preferred stock would only be worth $23. 12 in the first year (essentially worthless). Therefore, their support would be mutually beneficial and easier to garner. Cooperaâ‚ ¬Ã¢â€ž ¢s Offer to Acquire Nicholson As has been detailed above, each group of shareholders has their own concerns and bargaining power. Cooper has to induce both Nicholson and Porter that their offer is more than fair, and as a result, all three companies and shareholders will profit. Since Nicholson has an offer pending from VLN, it is imperative that Cooperaâ‚ ¬Ã¢â€ž ¢s offer is better than VLNaâ‚ ¬Ã¢â€ž ¢s proffer. The VLN offer includes that (1) the exchange would be a tax-free transaction, (2) the $1. 60 preferred dividend equaled the current rate on the Nicholson stock, (3) a preferred share was worth a minimum of $53. 10. At the time of the proposed offer, the closing price of Cooper stock was $24 per share. In order to match the bid by VLN, Cooperaâ‚ ¬Ã¢â€ž ¢s offer would have to be greater than two-for-one for each Nicholson share. The offer would need to be in the range of 2. 5/2. 50:1 to be greater than the $53. 10 offer pending. It is of extreme importance to Nicholson that they maintain control. In mergers, culture clashes are often the aâ‚ ¬? kiss-of-death. aâ‚ ¬? Cooper has a sincere offer to maintain the integrity of the company and Nicholson would be wise to consider Cooperaâ‚ ¬Ã¢â€ž ¢s offer as their goals and interests for the long-term are mutual. Cooper has a history of successful mergers and acquisitions, which should be of some comfort to Nicholson as they will be acquired by some company or group of investors. H. K. Porter Requirements Since Porter was not able to gain a majority vote, they are willing to side with Cooper over VLN. Porter realizes that a merger between Cooper and Nicholson will give them the opportunity to convert shares of Nicholson into Cooper stock aâ‚ ¬Ã¢â‚¬Å" a much more enticing proposition than that of VLN. Cooper needs to guarantee Porter that the exchange will be tax-free, and that the Nicholson stock he converts will be worth at least $50 each. Unaccounted for Shares and Spectator Shares The offer to this voting alliance will need to be greater than the $53. 10 per share offer by VLN. They will also want the exchange to be tax-free to avoid capital gains taxes. As has been mentioned above, this group will most likely side with the Nicholson family so if the Nicholson family is satisfied, then this group will be also. Payment Considerations There are several considerations that Cooper management must take into account prior to deciding the specifics of the offer they will give Nicholson File Company in terms of dollar value and the form of payment. The form of payment may include an offer of cash, stock, debt or some combination of the payment options. Furthermore, Cooper not only has to consider Nicholson shareholders when determining what to offer, but it also needs to take into account the other 80% of the shares publicly held, including a substantial percentage of shares held by competitor H. K. Porter. As previously described, one of the challenges Cooper is facing in this acquisition is to ensure a satisfactory offer that appeals to a sufficiently broad range of shareholders with different interests. This includes H. K. Porter which currently holds about 25% of the total outstanding shares and which recently failed in its attempted acquisition of Nicholson. Also, the Nicholson family that founded Nicholson File Company currently owns approximately 20% of its own shares. The Nicholson family had also rejected Cooperaâ‚ ¬Ã¢â€ž ¢s acquisition overtures three years earlier so Cooper management is aware of how precise the offer has to be to get Nicholson ownership to sign off on the deal. Another 50% of Nicholson shares are held by speculators and by other unknown parties. Form of Payment & Dollar Value The form of payment and the parameters for the dollar value offer that may be accepted by Nicholson management is exhibited in the described failed and accepted acquisition offer in the case study of Cooper (see Chart #1 below). The acquisition offers by both H. K. Porter, $42 per share in cash and VLN Corporation, $53. 10 in convertible stock, help provide at least a range within which Cooper may tailor its offer. Based on these two offers, it appears that the appropriate form of payment should be Cooper cumulative convertible stock. The primary basis for this recommendation is that Nicholson management had already accepted an offer from VLN Corporation using convertible stock but rejected a cash offer from H. K Porter. This is consistent with Chang and Suk (1998) research which found that aâ‚ ¬? cash offers are more likely than stock offers to have termination initiated by the target firm. aâ‚ ¬? It is also believed that if Nicholson management signs off on any merger, speculators and the unknown portion of shareholders will go along with the merger. However, one negative aspect of using stock is that aâ‚ ¬? cquisitions of public targets result in insignificant bidder returns to the acquirer when stock is offeredaâ‚ ¬?. (Chang & Suk, 1998) is this a direct quote, if so we need the reference) Cooper management believes strongly that the Nicholson acquisition will not result in negative returns due to the potential improvements that can be made through simple reorganization of some Nicholson operating businesses. Also, it appears an exchange of stock is appropriate because Cooper currently only has $9 million in cash on hand and would need to incur significant debt in order to offer a decent cash offer. It already has $5 million in long-term debt due and $34 million in long-term debt outstanding, levels significant enough that may prevent Cooper management from considering a cash offer for Nicholson. Competitor Acquisition Offer Details Type of offerOffer price per shareDividendsTax FreeOffer Accepted/Rejected H. K. CooperCash$42NoNoNo VLN CorporationConvertible stock$53. 10YesYesYes VLN and Porter Offer Details Since Nicholson management has already accepted VLN Corporationaâ‚ ¬Ã¢â€ž ¢s offer, it is clear that the terms Cooper needs to offer would have to exceed those already offered by VLN. VLNaâ‚ ¬Ã¢â€ž ¢s offer included one share of VLN cumulative convertible stock for each individual share of Nicholson stock, preferred shares value at a minimum of $53. 10, $1. 60 preferred dividend equaling the current rate of Nicholson common stock, and convertible into five shares the first three years and four the fourth year. In addition, the offer was desirable since the exchange of stock would be tax-free as opposed to a cash offer. According to Dhaliwal et al (2005), to qualify as a aâ‚ ¬? tax-free acquisitionaâ‚ ¬Ã‚ ¦tax laws require that the acquirer use its own stock as payment. aâ‚ ¬? However, Cooper also has to consider the demands of H. K. Porter in order to get approval for the merger. H. K. Porter has indicated that it will not part with its shares (25% of total shares) and support the merger unless it receives aâ‚ ¬? Cooper common or convertible securities in a tax-free exchange worth at least $50 for each Nicholson share it holds. aâ‚ ¬? This demand is below the current book value of $51. 25 for Nicholson common stock, but above the $44 per share on the open market. The final consideration that assists with setting up the range for an appropriate offer that may be accepted by a simple majority of shareholders is the total value of Nicholson stock. With 584,000 shares of Nicholson File Company Stock and at $44 per share, this amounts to a total market value of $25,696,000. Therefore, in order to make the offer attractive, Cooper will have to make an offer that exceeds the market value of all of the stock but will have to ensure that the offer is not too high that it affects Cooperaâ‚ ¬Ã¢â€ž ¢s long-term plans to continue to pursue acquisitions. A basic rule for Cooper acquisitions is that they bring significant long-term returns on the acquisitions as well as steady growth in earnings per share. Recommended Offer The number of convertible shares of Cooper stock at $24, the last closing price, for each Nicholson share would have to be just above 2:1 in order to match VLNaâ‚ ¬Ã¢â€ž ¢s $53. 10 offer. So, Cooper should offer convertible stock fixed at 2-1/2:1 within the first five years after the offering. This amounts to an offer of $60 per Nicholson share. This would not only exceed VLNaâ‚ ¬Ã¢â€ž ¢s offer per share but would also help make up the deficit in dividends, $1. 40 by Cooper and $1. 60 by VLN, and make the offer more attractive to Nicholson shareholders. Overall, this offer would not only exceed VLNaâ‚ ¬Ã¢â€ž ¢s offer currently approved by Nicholson management, but would also likely gain the approval of the shares held by speculators and unknown investors. In addition, this offer meets the payment method required by H. K. Porter for its Nicholson shares, and actually exceeds the $50 minimum offer per share it had requested. As a result, it appears that Cooper should be successful persuading Nicholson shareholders and unaccounted for shareholders to accept the offer, and in return acquire at least 80% of the outstanding Nicholson shares of stock