Cultural health style Essay Example | Topics and Well Written Essays - 500 words

Cultural health style - Essay Example Access to highly advanced medical technologies and to good medical services are the two general health disparities quite common to African Americans. Quaye (2005) remarks that there are barriers in accessing medical care especially to the African-American cultural group. And these barriers go beyond the economic facet. Access to the health care system in America is racially embedded. Particularly to pregnant women, â€Å"African American women are twice as likely as whites to receive no health care at all† (as cited in Quaye, 2005, p. 2). Cockerham further notes that if pregnant African American women were ever to receive a medical care service, it only occurred in the last trimester of their pregnancies (as cited in Quaye, 2005). Johnson (1999) admits that it is not always possible for African Americans to access and receive medical services and even to â€Å"obtain the care they need† (p. 5). Besides the lack of accessing the health services characterized in the Ameri can medical setting, the African Americans hardly receive the services that are substantially high standard, let alone proper to their medical needs. For instance, African Americans undergo an amputation procedure which is â€Å"3.6 times as frequent among Blacks as whites† (as cited in Quaye, 2005, p. 2).

EC Defense Essay Example for Free

EC Defense Essay Introduction Public security of Member States has long been on the agenda of the EC, which has culminated in the establishment of a European Defence Market to â€Å"support the Council and the Member States in their effort to improve the EUs defence capabilities in the area of crisis management and to further The European Security and Defence Policy.†[1] The EU also established a programme for countering illegal trafficking of arms.[2] However, national safety and defence has to do with nationalism and state sovereignty. It is doubtful whether a state can feel itself to be independent without being in control of its own defence. It has often been the case that regulations made by the European Community (EC or the Community) regarding trade and citizens’ movement within the territory have on occasion led to the discomfort of several Member States. The Treaty of Maastricht states that one of the major tasks of this supranational organisation is to establish a â€Å"common market† which promotes â€Å"convergence of economic performance†[3]. The Treaty objectives are largely realised through trade, and public procurement Directives, competition and Merger Regulations also exist to maintain the uniformity of trade on the European Common Market. Yet it might not be immediately obvious why documents governing trade, competition, and mergers would become a mechanism that regulates a country’s ability to defend itself. [4]   However, this has been an object of concern to EC Member States and has sparked a proliferation of legal literature discussing the extent to which this is (or has been) possible. An important part of national security and defence is to obtain up-to-date arms and other equipment necessary for the running of the military and constabulary forces as well as other departments responsible for State security. As no country produces all the products it needs for its defence, the balance must be acquired through trade with other countries. The purpose of this essay is therefore to explore the effect of the EU trade regulation of competition and mergers on the defence industries of Member States. It will assess these laws’ control over the means through which Member States are able to acquire the equipment necessary for national defence. Mergers, Trust, Subsidies, and Procurement Directives One of the duties of the European Commission is to stand as guardian of the Treaty that established the EC. Free trade on the common market is one of the major provisions of that Treaty, and competition within the EU is threatened in the presence of cartels or whenever mergers occur. These types of activities are subject to a substantive Competition Test, which gives the Commission the right to intervene wherever a merger occurs that is hostile to healthy competition as it regards trade on the European Common Market. All scenarios that follow mergers and that fail the test (including the existence of oligopolies) are subject to the scrutiny and handling of the European Commission and to possible escalation to the level of the European Court of Justice (ECJ).[5] Mergers have much to do with competition. When companies merge or have an understanding or trust they behave more and more like monopolies, oligopolies or cartels. Government subsidies and laws that regulate the purchases of nationals from a particular company often have the effect of behave like mergers and trusts. However, the government might, for defence purposes, see the need to make laws governing the nation’s spending in a certain market. It might also see the need to exclude other nationals or business from bidding on contracts if such bidding is deemed a threat to the nation’s security. Legislation by the Commission of the European Union disallows this kind of law-making on the part of the Member States. The Merger Regulation 4064/89 applies to these situations, and therefore might exercise a significant amount of control over defence. Public procurement is the process by which government bodies acquire equipment and services.[6] This represents about 14% of EU Member States gross domestic product.[7] Rules regarding this come from the EU in the form of Directives which are subsequently adopted by Member States. Public sector contracts, services and supplies are published across the EU, facilitating free trade in these areas as well. Breaches of these rules can be pointed out by the European Commission, and can incur legal action before the European Court of Justice.[8] The laws of the EC make it clear that competition should in no way be hindered, in the pursuit of the objective of good value for money[9]. Mergers and government subsidies are cases in which this might happen. However, there is evidence that where governments sanction mergers of companies that deal with military equipment, the effects of Merger Regulation 4064/89 might be escaped. The creation of Eurocopter and its encouragement by the French and German governments demonstrate this. Although the Commission granted that the merger was governed by the Regulation, it conceded that such a venture was â€Å"compatible with the Single European Market.†[10]   In addition, Article 21 and Court opinions formed as a result of the Aà ©ropatiale-Alenia-de Haviland case allow for Member States to take measures necessary to protect interests considered legitimate, and national security is admitted as part of that group. Therefore, though the EU Commission often does have a significant amount of control over defence industries, certain privileges are granted to the Member States for matters of national security. With soft defence materials the rules change slightly. In such cases, prohibitions of mergers by the Commission are final. If, however, the Commission chooses to allow such a merger, the Member State is at liberty to prohibit it. It has been found that exemption from the Merger Regulation all hard defence materials might be prudent, as mergers would help with competition against non-European countries such as the United States. As it stands, however, the Commission enjoys full control over soft defence (or dual purpose) goods, and tempered control over hard defence materials. With regard to the Directives governing public procurement of equipment and services, the European Commission demonstrates another way in which it can have an impact on Member States’ defence industry. One case finds the Commission applying to the European Court of Justice for a declaration that Belgium had failed to fulfil its directive obligations (with regard to 92/50/EEC), being in breach of the provisions Articles 11(3) and 15(2). Belgium had â€Å"issued a restricted invitation to tender† for the surveillance of its coastal regions by means of aerial photography, and did this without expressly notifying the European Communities via the Official Journal.[11] It is of note that this kind of coastal surveillance can have immense implications for national defence. However, the Commission faulted the Member State for neglecting to perform the necessary publishing measures before executing actions toward procurement of the contracts. The ECJ found it necessary to determine whether the action of the Belgian government was even governed by the Directive in question, considering that much of the contract regarded aerial photography and the Directive mainly deals with architectural, engineering, and landscaping services. The Court’s opinion was that it saw â€Å"no reason to call into question the Belgian Governments assessment that aerial photography accounts for the predominant value of the contract. Accordingly, the contract falls under Annex I B, with the result that the tendering procedure under Community law, under Titles III to VI of Directive 92/50, does not have to be followed.†[12] Here the Member state was granted autonomy in that sphere of defence. However, had the contracts involved a slightly different type of service, the Commission might have been awarded the case. Trade Laws and Defence Certain of the EC Articles, namely 30 (ex 36), 39(3) (ex 48), 58(1) (b) (ex 73d), (81)(1), 226, 296 (ex 223), and 297 (ex 224) deal explicitly with issues of trade and competition that concur with those of national security, and offer ways in which the Member States can attend to their national interest where they might conflict with the terms of the Treaty. However, some of the articles are equivocally worded such that they allow for sometimes opposing interpretations. These articles lead to uncertainty with regard to the provisions of Treaty as well as to how the European Court of Justice would rule in certain situations. Therefore, it is unclear exactly how Member-State sovereignty is affected by the Treaty, since certain controversies have arisen because to some extent the Treaty has touched the industries that deal in the trade of materials necessary for national defence. Articles 28 and 29 of the EC Treaty agreement ban restrictions on the quantities of goods that can be imported or exported by the Member States. However, article 30 states that such restriction â€Å"shall not preclude prohibitions or restrictions on imports, exports, or goods in transit justified on grounds of [†¦] public security.† This grants Member States the ability to derogate from the regular stipulations of the treaty should the goods in question pose a threat to public security. Clearly in this case, although the treaty is apt to regulate areas of the defence industry, the articles make way for the countries to be free from its influence in that regard. In fact, in June of 2003, the European Union adopted a Common Position requiring that Member States enact â€Å"ad hoc† legislation to regulate the activities of arms brokers.[13] However, the use of the word â€Å"require† indicates that the power to act in that way was conferred upon the state by an organisation in whose possession the power had rested before. It also implies that to some degree power still rests in the hands of that body. A closer look at EC Article 30 supports this idea. It reads: â€Å"Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.† This implies that any Member State that wishes to enact laws affecting the defence industry for the purpose of protecting their interests must do so for specific and justifiable reasons. Indeed, the use of the term ad hoc in the 2003 EU position on arms brokering indicates that the control that Member States are granted over their defence market laws is not a general one, but one that materialises only under extenuating circumstances. The Irish case involving Campus Oil is an interesting example. The Irish requirement that 35% of all oil and petroleum products be purchased from the national refinery constituted a case of according an unnatural advantage to a supplier on the Common Market. This was done to protect the Irish economy and to scaffold the company, but might be considered a matter of defence since such military equipment as tankers would require fuel from this national refinery in the event of a national emergency. It was therefore crucial for the refinery to stay in business. The Court saw this necessity, and allowed the national requirement to remain in place.[14] What this case demonstrates is that the European Community law regimes on trade, competition, mergers and the like do have the power to regulate the laws that regard the defence industry. Though the EC laws cited do not relate specifically to defence, the surveillance of a coastline or the protection of a State’s leading energy company can have immense implications for national security. These laws were enacted to combat that effect, and the EC law was able to call that Member State law into question. It, however, did ultimately grant leave to the Member States because of the delicate nature of the situation. Competition and Defence The EC Treaty article that concerns the distortion of competition exists to prevent scenarios in which monopolies could arise in the marketing of certain military goods and/or to certain areas. Articles 85 and 86 regulate situations to ensure that a firm or other venture which has a comparative advantage in the market does not in any way use that advantage to disrupt competition. As far as the Articles allow derogation from this rule, it is not clear whether private companies are able to claim that the provisions of the Articles apply to their situations. However, for derogation to be possible, such benefits as economic progress for both companies and consumers must be proven, and neither indispensable restrictions nor the elimination of competition for the products involved should result from the mergers. One aspect of the GEC-Siemens v. Plessey case concerned whether a company licensed to distribute arms has a right to award sub-licences. The Commission’s opinion on the subject was that only Member States are allowed to invoke article 296b[15]. Therefore, as far as private undertakings concerning military products are involved in the market, competition and free trade are to be assumed to govern military defence equipment.[16] With regard to resolving whether dual-use goods fall under the jurisdiction of the Treaty, there exists a list drawn up by the European Community in 1958.[17] Yet though it has not been officially published, it is now in the public domain. On it is contained traditional types of military equipment, such as tankers and other types of typically defence-oriented products. If this list were considered as containing all the items that are to be excluded from the jurisdiction of the Commission, then it would be clearer how far the EU laws govern the defence industries of Member States. Because goods that can be used both civilly and militarily are not present on the list, it would become clear that dual-use goods should fall solely under the jurisdiction of the Treaty. Though the list has been considered outdated by many, upon close consideration it can be found that many of the newer military equipment can be covered by the broad terms used in the list[18]. If, therefore, the list is to be considered exhaustive, it leads to the conclusion that dual-use goods are not covered by Article 296 and are therefore under the jurisdiction of the Commission. In such cases where dual-use goods are being traded for military purposes, then, the Commission would have some amount of control over the defence industry of the Member State in question. Recently the European Commission has sent forth a Communication[19] on the issue of the interrelatedness of civil, market and defence policies. The purpose of the Communication document is to promote and enhance more efficient spending on defence, to maintain competition in the defence industry, as well as to uphold fairness and ethics in the trade of defence materials. Long has the issue of European defence hung in limbo because of the problematic nature of defence collaboration among Member States. Such situations usually have resulted in encroachment upon the sovereignty of each state. The aims of the Communication are set to be effected through the monitoring of industries related to defence. This activity by the Commission is supported by EC Treaty Art. 296. Through this measure, the EC proposes to regulate licensing, delivery, certification, and other things which have caused arms-trade problems at the borders within the European Community. Beyond this, the EC recognises the importance of competition to the creation of defence sector that does not harm the common market—a defence market that is as similar as possible to the market that exists for non-military goods.   Article 296 has been thought of as a prime obstacle to the European defence market integration, though the European Parliament believes that this article does allow for integration if the Member States cooperate.[20] This article gives states the right to take â€Å"such measures as it considers necessary† to protect its own security interests as far as these concern the procurement of arms and other military equipment. It further stipulates that any action implemented ought not to impair the functioning of the market as far as it concerns goods that are not explicitly military related. It is here that much confusion enters concerning the extent to which the European Community laws govern the defence industry, as demonstrated in the cases of Werner and Leifer.[21] Arrowsmith notes that the importance of the Treaty is largely manifest in actions that lie â€Å"below the thresholds† of the Member state legislation.[22] These states are, according to EC 296, clearly in charge of the trade of expressly military commodities. However, which body shall be in charge of regulating those goods that may be used for both civil and military purposes (dual-use goods) remains in question. Koutrakos reminds us that the Common Commercial Policy established in EC 113 grants exclusive competency to the Community itself. Without this competency in the hands of the EC, the Member States might be inclined to act in a way contrary to the intentions of the Community and create mistrust among the members.[23] In cases where the goods in question are military in nature and a Member State wishes to derogate from the terms of the Treaty, the effects of doing so are subject to a proportionality test. This test ascertains that â€Å"no other measure, less restrictive from the point of view of the free movement of goods, capable of achieving the same objective† could have been performed in its place. The measure must also achieve a maximum amount of good for the Member State with the most minimal of adverse effects on the Community as a whole.[24] Moreover, the provisions of Article 296 do not automatically apply to any country as it regards military security. This article has to be invoked by any party that perceives the necessity to curtail or otherwise regulate the trade of defence products. In that case, the state must also be prepared to offer reasons why such action is necessary, as the burden of proof lies on that state. The EC Court then has the right to intensely scrutinise the actions and motives of the Member state that chooses to derogate from the provision of the Treaty via Article 296. It also has the power to demand that it change its policy back to that of the EC if the motives prove unethical or the reasons inadequate. One such case is the Commission vs. Spain[25], in which the Spanish government had enacted laws exempting from the value-added tax (VAT) exports and transfers of military goods within the Community and to third countries. The argument by the Spanish government was that the measure was necessary for the health of the defence industry, and that such a measure was protected under the provisions of EC 296(1)(b). The Community itself invoked EC 226, which gives the Commission the right to give an opinion on any matter in which it considers that the state has not complied with the terms of the Treaty.[26] The Court ruled that any interpretation of Article 296 should be a limited one. So that where the wording of the article gives the apparent idea that all measures considered necessary by the Member States are viable, the Court emphasises that the states must be able to prove the necessity of those actions in order for them to go unchecked. In this way, Spain was forced to change its policy, and the EC law demonstrated a significant amount of control over the defence industry of Member States. Yet the Spanish derogation was a frivolous attempt, and represented what might be seen as a much lower level of scrutiny by the Court than other cases might. Other states with much more dire cases could conceivably be granted much more autonomy with regard to the regulation of their own portion of the defence market.   The Member States have usually interpreted this article (EC 296) to mean that the exemption of defence material from the terms of the Treaty occurred automatically. On the other hand, the Community has held that any derogation by Member States must be according to strict rules testable by the aforementioned proportionality test. This would therefore mean that it is not only in the case of Spain’s obviously opportunistic case, but in all cases that â€Å"the Treaty would in general apply to hard defence material and [†¦] the Community has jurisdiction over these products unless a Member State can prove the existence of a situation justifying derogation from the regime.†[27] Other complications stem from the second part of Article EC 296(1)(b). This reads, â€Å"Such measures shall not adversely affect the conditions of competition in the common market regarding products which are not intended for specifically military purposes.† In the case between the Republic of Portugal and the Commission,[28] it was held by the Portuguese government that during the privatisation of the company Cimpor-Cimentos, no buyer would be able to acquire rights amounting to more than 10% of the shares. This privilege was reserved only for the Portuguese government. The Commissioners brought this government to the Court because its actions had in their view breached the EC laws against interference with competition. The Commission did acknowledge, however, that had the Portuguese law been concerned with matters of national security, an exception would have been made for the case. However, even in a Portuguese appeal to the Court, the opinion given by Advocate General Tizzano was that the appeal be rejected on the grounds that the action of that government served to impede competition on the European market. Therefore, though this case demonstrates that the ECJ clearly has the authority to force the compliance of Member States on questions of competition, it does sometimes refrain from this if/when defence equipment is involved. The Italian case C-423/98, Alfredo Albore [2000] ECR I-5965 concerned the right of any EU citizen to purchase land in any Member State. The Italian government made it illegal for the German citizen to purchase land declared â€Å"of military importance† to the country. Though this land, not being an expressly military commodity, does for that reason fall under the jurisdiction of the Treaty, the Court decided to allow the Italians derogation through the invocation of Article 296 and the declaration of the land a matter of national defence. Conclusion Some goods that are used by civilians and that can also be used for military purposes are regulated by the Commission. In other situations where countries accord merger rights or subsidies to certain business for military purposes, the Commission has a right to intervene and in those situations can be seen as regulating the country’s defence industry. Goods and services that are considered of military importance to a country may not always be explicitly military or differentiable from goods/services designated for civilian use. In those cases where the Commission has jurisdiction, the right is theirs to allow or prohibit the actions of a Member State government. The Treaties, Procurement Directives, and Merger Regulations of the European Community function in such a way as to promote a healthy market economy in which no producer or country has an unfair advantage with regard to the manufacture or sale of its product. The nature of the defence industry dictates that its functions often come under the regulations of the European Community, and this often indicates the possibility of national security problems for Member States. Because of this, several of the articles in these treaties/regulations allow for derogation from their provisions. Yet, in many cases this allowance has proven equivocal to the point where the European Court of Justice has had to become involved. The European Commission works hard to devise a method of regulation that accounts for the security of the individual states while maintaining the freedom of the Common Market; but as yet, where competition and merger control concerns public procurement and trade of dual-use goods, the EC still exercises, to a significant extent, control over the defence industry of its Member States. References Anders, Holger. (2004). â€Å"Controlling arms brokering: next steps for EU Member States.†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   GRIP p6. Arrowsmith, Sue. (1995). The application of the EC Treaty rules to public and utilities    procurement. Public Procurement Law Review. 6.255-280. Arrowsmith, Sue. (2002). The EC procurement directives, national procurement policies,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   and better governance: the case for a new approach.† 27(1), 3-24. â€Å"Competition: Mergers (Overview).† Europa. Accessed 2 March, 2006.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://europa.eu.int/comm/competition/publications/special/3_merger.pdf   Ã¢â‚¬Å"Commission of the European Communities v Kingdom of Belgium (C-252/01).†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Official Journal of the European Union. (2003). C 289/3.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://europa.eu.int/eur-  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   lex/pri/en/oj/dat/2003/c_289/c_28920031129en00030003.pdf â€Å"Consolidated version of the Treaty establishing the European Community.† (2002).   Ã‚  Ã‚  Ã‚   Official Journal of the European Communities. C 325/33. Eikenberg, Katharina. (2000) â€Å"Article 290 (ex. 223) and external trade in strategic   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   goods.† European Law Review. 25(2), 117-138. Georgopoulos, Aris. (2005). â€Å"Defence procurement and EU law.† European Law Review.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   30(4), 559-572. Georgopoulos, Aris. (2003). â€Å"Industrial and market issues in European defence: the   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Commission Communication of 2003 on harmonisation and liberalisation of   Ã‚  Ã‚   defence markets.† Public Procurement Law Review. 4.NA82-89. â€Å"Fourth Annual Report on the implementation of the EU Joint Action of 12  July 2002 on   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   the European Unions contribution to combating the   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   destabilising accumulation   Ã‚  Ã‚   and spread of small arms and light weapons (2002/589/CFSP).† (2005). Official   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Journal of the European Communities. C 109, vol. 48.P. 0001 – 0025.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   52005XG0504(01):EN:HTML Koutrakos, Panos. (1998). â€Å"Exports of dual-use goods under the law of the European   Ã‚  Ã‚  Ã‚   Union.† European Law Review. 23(3) 235-251 O’Keeffe, D. Branton, J. (2006). â€Å"State Aid and Public Procurement: A Practical   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Guide.† Hammonds. http://www.hammonds.com/FileServer.aspx?oID=21843 â€Å"Portuguese Republic v Commission of the European Communities (C-42/01).† CVRIA. (2004). http://curia.eu.int/jurisp/cgi-bin/form.pl?lang=en Saggio, Antonio. (1999). â€Å"Association Église de Scientologie de Paris and Scientology International Reserves Trust versus the Republic of France.† Opinion of Advocate   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   General Saggio. CVRIA. http://curia.eu.int/jurisp/cgi-  Ã‚   bin/form.pl?lang=enSubmit=Submitalldocs=alldocsdocj=docjdocop=doco  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   pdocor=docordocjo=docjonumaff=datefs=datefe=nomusuel=domain  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   e=mots=military+arms+goodsresmax=100 Trybus, Martin. (2002). â€Å"The EC Treaty as an instrument of European defence   Ã‚   integration: judicial scrutiny   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   of defence and security exceptions.† Common   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Market Law Review. 39. 1347-1372. Trybus, Martin. (2005). â€Å"A fine balance: free movement and public security in the EC   Ã‚   Treaty.† European Union Law and Defence Integration. Hart: Oxford. Trybus, Martin. (0000). â€Å"European defence procurement: toward a comprehensive   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   approach.† European Public Law. Vol. 4(1). 111-133. Trybus, Martin. (2004). â€Å"The limits of European Community competence for defence.† European Foreign Affairs Review. 9, 189-217. Trybus, Martin. (2000). â€Å"On the application of the EC Treaty to armaments.† European Law Review. 25(6), 663-668. Trybus, Martin. (2002). â€Å"Procurement for the armed forces: balancing security and the    internal market.† European Law Review. 27(6), 692-713. Trybus, Martin. (2000). â€Å"The recent judgement in Commission vs. Spain and the   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   procurement of hard defence material.† Public Procurement Law Review. 4. NA   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   99-103. [1]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Georgopoulos, Aris. (2005). â€Å"Defence procurement and EU law.† European Law Review. 30(4), 559-572. [2]  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Fourth Annual Report on the implementation of the EU Joint Action of 12  July 2002. [3]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Article 2. â€Å"Consolidated version of the Treaty establishing the European Community.† (2002). Official Journal of the European Communities. C. 325/33. [4]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. (2004). â€Å"The limits of European Community competence for defence.† European Foreign Affairs Review. 9, 189-217. [5]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"Competition: Mergers (Overview).† Europa. http://europa.eu.int/comm/competition/publications/special/3_merger.pdf [6]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Arrowsmith, Sue. (2002). The EC procurement directives, national procurement policies, and better governance: the case for a new approach.† 27(1), 3-24. [7]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. (2002). â€Å"Procurement for the armed forces: balancing security and the internal market.† European Law Review. 27(6), 692-713. [8]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   O’Keeffe, D. Branton, J. (2006). â€Å"State Aid and Public Procurement: A Practical Guide.† Hammonds. http://www.hammonds.com/FileServer.aspx?oID=21843 [9]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Arrowsmith, Sue. (2002). The EC procurement directives, national procurement policies, and better governance: the case for a new approach.† 27(1), 3-24. [10]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. (0000). â€Å"European defence procurement: toward a comprehensive approach.† European Public Law. Vol. 4(1). 111-133. [11]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"Commission of the European Communities v Kingdom of Belgium (C-252/01).† Official Journal of the European Union. (2003). C 289/3. [12]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ibid. [13]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Anders, Holger. (2004). â€Å"Controlling arms brokering: next steps for EU member states.† GRIP p6. [14]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. (2005). â€Å"A fine balance: free movement and public security in the EC Treaty.† European Union Law and Defence Integration. Hart: Oxford. [15]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"Any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the common market regarding products which are not intended for specifically military purposes.† . â€Å"Consolidated version of the Treaty establishing the European Community.† (2002). Official Journal of the European Communities. C. 325/33. [16]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. (0000). â€Å"European defence procurement: toward a comprehensive approach.† European Public Law. Vol. 4(1). 111-133. [17]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ibid. [18]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. (2005). European Union Law and Defence Integration. Hart: Oxford. [19]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Georgopoulos, Aris. (2003). â€Å"Industrial and market issues in European defence: the Commission Communication of 2003 on harmonisation and liberalisation of defence markets.† Public Procurement Law Review. 4.NA82-89. [20]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ibid. [21]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Eikenberg, Katharina. (2000) â€Å"Article 290 (ex. 223) and external trade in strategic goods.† European Law Review. 25(2), 117-138. [22]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Arrowsmith, Sue. (1995). The application of the EC Treaty rules to public and utilities procurement. Public Procurement Law Review. 6.255-280. [23]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Supra n.2 at 1364. Qtd. in Koutrakos, Panos. (1998). â€Å"Exports of dual-use goods under the law of the European Union.† European Law Review. 23(3) 235-251 [24]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. (2002). â€Å"The EC Treaty as an instrument of European defence integration: judicial scrutiny of defence and security exceptions.† Common Market Law Review. 39. 1347-1372. [25]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. â€Å"The recent judgement in Commission vs. Spain and the procurement of hard defence material.† 4. NA 99-103. [26]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"Consolidated version of the Treaty establishing the European Community.† (2002). Official Journal of the European Communities. C. 325/33. [27]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Trybus, Martin. â€Å"The recent judgement in Commission vs. Spain and the procurement of hard defence material.† 4. NA 99-103. [28]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"Portuguese Republic v Commission of the European Communities (C-42/01).† Cvria. (2004).

Loss of Consciousness from Brain Injury Versus Amnesia Essays -- Biolo

Loss of Consciousness from Brain Injury Versus Amnesia Brain injuries have been traditionally classified as mild, moderate and severe based upon the duration of loss of consciousness and memory. More recently these classifications have been reconsidered based upon the length and severity of amnesia (4).. How can you measure loss of consciousness and memory? How does the length of amnesia better predict the severity of a brain injury versus the traditional method of classifying brain injury based upon the length of loss consciousness? Head trauma is by far the most common cause of amnesia, but the condition often goes unrecognized as patients more serious medical problems become the foremost concern (3).. Traumatic amnesia is brain damage caused by a severe non-penetrative blow to the head, such as in a road accident. It can lead to anything from a loss of consciousness for a few seconds to coma. During post-traumatic amnesia, a patient usually fails to remember not only the accident, but also all information learned for several years bef ore the brain injury. A severe blow to the head is likely to cause loss of consciousness lasting seconds up to months. This state of puzzlement and confusion can pass with time for many cases (1).. A brain is exposed to injury as a result of external forces, which are directed to the head. Those forces can include a blow to the head, the head hitting something, and a rapid acceleration/deceleration movement, such as whiplash (2).The extent of brain injury can be classified as either a state resulting in coma or not. This distinction is used not because the ultimate outcomes are necessarily different, but because coma resulting in a head injury can evoke "the vigil between life and death."... ...for everyone (1,2). WWW Sources 1)Anatomy of a Head Injury, Description http://www.ahs.uwaterloo.ca/~cahr/headfall.html 2)Welcome to the Brain.com, http://www.brain.com/brain/ 3) Traumatic Brain Injury , http://courses.smsu.edu/jas188f/316/TBI.htm 4) Loss of Consciousness http://subtlebraininjury.com/noloc.html 5)What is Amnesia?, http://serendip.brynmawr.edu/bb/neuro/neuro01/web1/www.psy.ohio-state.edu/psy312/amnesia2.html 6) Story about Amnesia , http://news.bbc.co.uk/hi/englsih/health/medicalnotes/newsid167000/167771.stm 7) Amnesia , http://www.u.arizona.edu/~pdavidso/amcog.html 8) Children with amnesia cast new light on memory and learning?, http://www.psy.ohio-state.edu/psy312/amnesia2.htmlhttp://expressindia.com/ie/daily/19970720/20150363.html 9) About Traumatic Brain Injury, http://www.tbidoc.com/Appel12.html

Comparative Analysis of Shall I compare thee to a summers day? and The

Comparative Analysis of "Shall I compare thee to a summer's day?" by William Shakespeare and The Flea by John Donne 'Shall I compare thee' by Shakespeare focuses on romantic love, whereas Donne's poem, 'The Flea' is all about seduction and sexual love. The situations in the two poems are very different. In 'Shall I compare thee', the poet is shown as a lover who is addressing his lady. His tone is gentle and romantic. He starts with a rhetorical question to which he must answer and therefore he does not put demand upon the lady. The poem gives the impression that it is set perhaps in his room, where he is composing his poem. One thing is for sure and that is that the woman he is addressing is not with him, because all the way through the poem, there is no response from her. Shakespeare wants to emphasize her beauty. In 'The Flea' the poet is directly appealing to the woman or his mistress. They seem to be in bed together with a flea, but no sex seems to have taken place. If it had, then the situation would be very different. The poet has seduced her as far as the bedroom and at this point, it seems as though he is going to try a new strategy. The woman does not appear to be very keen and is resisting his advances. Compared with Donne's poem, in 'Shall I compare thee' the poet is simply flattering the woman and wants her to like him. It is also one-sided, unlike in 'The Flea' where the woman gives her views as well. 'Shall I compare thee' is similar to 'First Love' by John Clare in this way. In 'First Love', only the poet's views are shown and therefore it is also one-sided. In 'The Flea' the poet's aim is to have sex with ... ..., and tetrameters, which are eight syllable lines. Donne uses an obvious three-part argument, or syllogism, where he uses the flea to structure it. Shakespeare uses a sonnet, which was a traditional way of writing about romantic love. Donne's poem is more intellectual in which he uses persuasive and rhetorical devices. The comparison's Shakespeare uses are passionate and interesting, but Donne's poem is more enjoyable to read since it uses wit and a clever structure to make it entertaining. The farfetched idea of using a flea to persuade a woman for sex is very unusual and makes the poem more enjoyable. Shakespeare's poem is more typical of a love poem, since the language he uses is more affectionate, but I have found Donne's more appealing to read because the wittiness and content of the poem is so unexpected. Comparative Analysis of Shall I compare thee to a summer's day? and The Comparative Analysis of "Shall I compare thee to a summer's day?" by William Shakespeare and The Flea by John Donne 'Shall I compare thee' by Shakespeare focuses on romantic love, whereas Donne's poem, 'The Flea' is all about seduction and sexual love. The situations in the two poems are very different. In 'Shall I compare thee', the poet is shown as a lover who is addressing his lady. His tone is gentle and romantic. He starts with a rhetorical question to which he must answer and therefore he does not put demand upon the lady. The poem gives the impression that it is set perhaps in his room, where he is composing his poem. One thing is for sure and that is that the woman he is addressing is not with him, because all the way through the poem, there is no response from her. Shakespeare wants to emphasize her beauty. In 'The Flea' the poet is directly appealing to the woman or his mistress. They seem to be in bed together with a flea, but no sex seems to have taken place. If it had, then the situation would be very different. The poet has seduced her as far as the bedroom and at this point, it seems as though he is going to try a new strategy. The woman does not appear to be very keen and is resisting his advances. Compared with Donne's poem, in 'Shall I compare thee' the poet is simply flattering the woman and wants her to like him. It is also one-sided, unlike in 'The Flea' where the woman gives her views as well. 'Shall I compare thee' is similar to 'First Love' by John Clare in this way. In 'First Love', only the poet's views are shown and therefore it is also one-sided. In 'The Flea' the poet's aim is to have sex with ... ..., and tetrameters, which are eight syllable lines. Donne uses an obvious three-part argument, or syllogism, where he uses the flea to structure it. Shakespeare uses a sonnet, which was a traditional way of writing about romantic love. Donne's poem is more intellectual in which he uses persuasive and rhetorical devices. The comparison's Shakespeare uses are passionate and interesting, but Donne's poem is more enjoyable to read since it uses wit and a clever structure to make it entertaining. The farfetched idea of using a flea to persuade a woman for sex is very unusual and makes the poem more enjoyable. Shakespeare's poem is more typical of a love poem, since the language he uses is more affectionate, but I have found Donne's more appealing to read because the wittiness and content of the poem is so unexpected.

Odyssey, realism or fantasy? Essay

Stories and epics can last throughout time; the Odyssey has proven the test of time. The Odyssey acts as a guide book for the Ancient Greeks but allows modern audiences to still enjoy the content. It helps give an oversight as to the life and morals of the Ancient world. Both realism and fantasy play a part in the Odyssey to create relatable tension and excitable journeys. The Gods help make and break Odysseus on his journey back to Ithaca. Homer enabled the gods to be anthropomorphic from the outset. The gods assemble a council to discuss Odysseus’ situation thus showing a democratic society that would be desirable to all audiences (almost promoting democracy as something even the gods would do). Zeus and Poseidon prove vengeful and merciful depending on the situation, similarly, Calypso and Circe show jealousy and selfishness when we first meet them on their own isolated islands. Calypso even suffers the injustice of double standards in which she is not permitted to marry a mortal: Odysseus. Gods such Aeolus add tension to the Odyssey as Odysseus’ men do not trust what is in the bag which results in being blown off course to Ithaca. The gods hold human emotions which has consequences on Odysseus throughout his journey, whether it being Ino’s sympathy or Poseidon’s wrath. Gods hold the ability to physically change into any human in the mortal world causing tests to the cities and enables Athena greatly in aiding Odysseus. The significantly differs to a modern audience’s potential view on a God, the Christian God is omnipotent and omnibenevolent. An Ancient audience is shown that the many gods do have the realism of human emotions but the powers to cause physical disasters (such as great waves and storms). This allows an ancient audience to relate more to the gods into how they should behave as well as that morals are important, however, even the gods have weak spots. Homer sustains fantasy and reality when describing the actions and intentions of the gods, merging them together to create his epic. Odysseus comes across many fantastical people in his journey home. He reaches the land of the Lystrogonians who at the surface seem like a civilised country, however, he goes on to discover that they are in fact cannibalistic giants. What started out as a potentially realistic view into another country to be discovered, turned into a fantastical and thrilling fight for their lives. Monsters such as Scylla and Charybdis, and the sirens prove only there to be dangerous. They try and prevent Odysseus from continuing home. They do, however, offer an insight into how Odysseus behaves and reacts to situations of fictional monsters. The monsters prove that Odysseus isn’t only strong against men, but even fantastical creatures which he would have never encountered before. Even Circe and Calypso and first of all presented as being the perfect Ancient Greek woman by singing and weaving when they are first presented in the epic. They seem normal and real but soon show their dangerous and evil intentions of hindering Odysseus. Homer disguises them as to seem real and normal but then throws in a fantastical twist to keep the audience engaged to how what might seem normal, is far from it. As well as this, the Phaecians are completely fantastical and a fictional town. They have such a strong relationship with the gods that the gods do not disguise themselves at all; they turn up in their true forms. They are even related to the Cyclopes who we find out Polyphemus is the son of Poseidon. Subsequently, from disobeying Poseidon, they get punished extremely harshly (they get turned into rocks for helping Odysseus leave their island) which is all fictional. Even through hall the different fictional islands he travels through and all the monsters he meets, Greek traditions such as xenia and proper burial rights still apply. The best example of this is Elpenor. He falls off of Circe’s roof and they do not burry him. By book 11, when Odysseus enters the Underworld, Elpenor begs Odysseus to find his body and properly burry him to which Odysseus complies. Similarly, whilst leaving the island of the Cicones, Odysseus and his crew solute the death of 72 men 3 times each as they sail away. The sheer respect to the dead and the lengths that Odysseus goes to respect them is shown throughout the Odyssey no matter where he is. Xenia is a system to respect strangers and there is a specific process to go through before asking the stranger questions (this involves feeding, bathing, clothing and a gift at the end of their stay). Circe awful xenia to Odysseus’ crew as she turns them into pigs however she does, in the end, correct her ways and give Odysseys’ crew a house, food and clothes for a year. The Phaecians do not show xenia to begin with either although they soon correct their ways. Xenia is about respecting Zeus as the gods can physically transform into humans and therefore could test anyone one their xenia. The perfect xenia of Nestor and Menelaus towards Telemachus are clear examples to an Ancient audience oh how to perform xenia. Even characters that don’t show xenia to begin with, end up complying which enables the realism of morals to come across with the ancient audience. The fantasy creatures and gods (such as Circe and Calypso) show xenia. The first half of the Odyssey shows a lot of excitement caused by the fantasy events that take place. The second half, once Odysseus lands in Ithaca, realism seems to take over in which Odysseus has to keep his disguises as a beggar and be opened to abuse which comes with it. This endurance of such awful behaviour of the suitors towards him gives, once again, clear morals to an ancient and modern audience of what is happening in Greece and what is viewed as unacceptable – the lack of xenia and curtsey of the suitors. The loyalty of Eumaeus and Eurycleia combined with the accepted trust of Telemachus who has gained his kleos provides entertainment as Odysseus plots to eliminate all 108 suitors using his strength and cunning. This scene is influential to show how badly a beggar would have been treated but the justice that finally came upon the suitors would give hope to an audience of an era, that the hero always wins. Fantasy adds to the entertainment of the Odyssey just as much as the finalism of reality raining back onto Ithaca as order is restored in a violent manner. Morals have not changed that dramatically since Ancient Greece therefore the Odyssey still applies the good morals of respecting everyone as well as the strong loyalty of family which can be valued and relatable throughout time. As the Odyssey is meant to be a guide book for morals for the Ancient Greeks, the Odyssey will use issues relating to their lifestyle (such as xenia, nostos, kleos and dike). The odyssey allows for real life issues to be twisted into a fantasy form which an ancient audience would respect – if the gods are anthropomorphic and they offer xenia and correct their ways, then so should mortals. Fantasy cannot be the only aspect to an epic which would last through time, the audience has to be able to relate to the issues which arise to the protagonist. The Odyssey portrays humanity, justice, consequences and loyalty whether that be through people such as Penelope and Odysseus, or the jealousy of Calypso and Odysseus. Readers can relate to the topics that arise in the Odyssey. Homer has enabled an epic to complement fantasy and reality into one 10 year journey across the unknown just to get home.

Conflict Management Essays

Conflict Management Essays Conflict Management Essay Conflict Management Essay Course: project economics and evaluation Course code: C11PV Coursework title: Project Appraisal Student Number: H00152083 Lecturer: Dr. Esinath Ndiweni 1. Introduction The work is centred on the importance of project appraisal therefore emphasising on the financial and non-financial techniques of appraisal. The object and, therefore, the importance of a project appraisal is making an analysis to see whether the project is viable. It is vital to know whether a project is technically feasible and whether it is going to be an economic liability or not. A project appraisal is an important part of any project and should be taken seriously because a lot rests on it. The effects of a project appraisal are long reaching and have very definite long term effects because of the capital investment that is always required in any project. Once a decision has been made to go ahead with a project, it is irreversible. Even if, through some catastrophic event, the project has to come to an unpredicted halt, the investment has been made so all could be lost. These high expenditures can be critical, not just for that particular project but for the health and survival of the entire business. As such, this paper combines the importance of both methods in order to help in assessment of project performance. 2. Literature review Recent literature has been emphasising on the need to consider the use of both financial and non-financial methods when dealing with project decisions. It is fundamental for a project to consider these techniques in order to measure a success of a project. This part of the paper is focused on critically analysing and evaluating these techniques and justifying why both are important. Some of these methods are very simple (e. g. payback period) while others are particularly sophisticated and complex (e. . Net Present Value, Real Options Reasoning). Simpler methods do not take into account the time value of the money and do not include the risk dimension. All these methods are well documented and explained in the literature. However, there is little empirical evidence on the factors that explain the use of the different techniques by firms. Thus, this p aper is focused on the use of capital investment appraisal methods (CIAM) in practice. Particularly, it analyses whether there are specific contingencies that explain why firms use and do not use specific capital investment appraisal methods. . Financial method of appraisal The decision making in projects are not difficult when we only use financial knowledge. Financial techniques use NPV, IRR, Payback Period techniques in appraising a project as well as making investment decisions. Through this technique, a firm can also analyse a project’s tendency to risk by using sensitivity analysis and risk analysis. Project managers often concentrate on establishing the financial visibility of their projects through reasonable economics. Traditionally, the Net Present Value, the Internal Rate of Return and Payback Period techniques have formed a major component of the financial techniques of investment. They are often based on the time value of money methods to forecast the expected monetary returns of a given project. The reliability of these techniques however depends on the accuracy of the given cash flows and the time frame as planned by the organisation. A major drawback to the financial method of appraisal is the fact that it cannot be practically assumed with a high degree of certainty. The value of all the factors is affected by numerous risks and unforeseen events which are often difficult to tell. Based on an article by S. Mohammed under project certainty (2001) he argued that the financial factors like the net present value, internal rate of return and payback period do not allow for non-financial aspects to be considered in assessing investment option. Non-financial methods such as political, legal and social factors are believed to be essential but rather, firms count them outside the normal appraisal process. These non-financial factors require careful knowledge in order to be managed. In major cases, the neglect of these aspects may result in failure of the project despite having favourable financial components. a. Types of financial techniques of appraisal There different types of techniques in the financial aspects of appraisal. The first to be considered is the Net present Value (NPV). This method enables the firm to determine how much value a project can add. It determines the acceptability of the project. Before taking any step to in a project, the NPV must be considered. If the NPV is positive, then the project can be accepted, whereas if it is negative, the project should be rejected. It determines the stance of the firm in the project and enables organisations to know the end product of the project in terms of cash. The limitation however is the fact that NPV does not accurately forecast future costs and benefits. Another technique is discounted cash flow method which provides approach for evaluating proposed investment project because they recognise the importance of the concepts of time value of money and the cost of capital, and stress the need for forecasting. It can be applied for valuing business as a whole and also for valuing individual business components of a company or firm. Also it can be used by both equity shareholders because on the basis of DCF valuation they can compare two companies and take decision whether to invest or not, and also debt holders can use DCF method to take decision regarding the company. The problem with DCF is that since it is a valuation tool it is dependent heavily on the inputs used for valuation purpose, so if inputs are changed slightly there can be large change in the value of a company. Payback period is another important technique which refers to the period of time a project can cover for the investment made by the company. For example if the initial project cost is ? 50000 and the annual cash flow is ? 10000, it implies that the payback period would be 5 years. It is also beneficial for those companies who are recently established and want to know the time frame in which they would recover their original investment, therefore those companies which do not want to take risk and want quick return on their investments can select those projects which have low payback period and ignore those projects which require long gestation projects. A major disadvantage of payback period is that it does not show a true picture when it comes to evaluating cash flows of a project. b. Advantages and disadvantages of different financial methods of appraisal The payback period is based on the idea of how much time is needed for the project to generate cash flows sufficient to recover the initial amount invested. It can be also used as a criterion for acceptance or rejection of projects in the case that the payback period is above or below a certain number of years previously defined. The main advantages of this method are: ease of understanding; simplicity of implementation; provides an idea of the degree of liquidity and risk of the project; and in times of huge instability, the use of this method is a way to increase the security of investments. Despite these advantages, the payback method has two important drawbacks. First, it ignores the cash flows occurring after the payback time, which can lead to the rejection of profitable projects that require a longer recovery period. Second, the payback period, in its original version, does not consider the time value of money in calculating the cash flows. This is inconsistent with the basic principles of financial mathematics. One way of overcoming this problem is to calculate the payback period by discounting (at the appropriate discounting rate) the expected future cash flows, as proposed by Longmore (1989). The accounting average rate of return (ARR) is computed as the ratio between the project’s estimated average profit and the average accounting value of the investment (Brealey and Myers, 1998). This ratio is compared with the firm’s accounting rate of return or other benchmark external to the firm (e. . the industry average value). The main advantages of this method are its simplicity of understanding and usage, given that the figures used in calculations are those provided by accounting reports. However, this method presents some important weaknesses. First, it does not take into account the time value of money. Second, being based on accounting earnings and not on the project’s cash flows, it is conceptual ly incorrect. Finally, there is the need to set a target rate of return as a prerequisite to apply ARR as an appraisal method (Akalu, 2001). c. Benefits and importance of financial techniques of Appraisal The object and, therefore, the importance of a project appraisal is making an analysis to see whether the project is viable. It is vital to know whether a project is technically feasible and whether it is going to be an economic liability or not. A project appraisal is an important part of any project and should be taken seriously because a lot rests on it. The effects of a project appraisal are long reaching and have very definite long term effects because of the capital investment that is always required in any project. Financial techniques are essential methods in determining the acceptability of the project. Financial method of appraisal is often regarded as the aspect of project appraisal, however, in order for a project to be successful non-financial aspects must also be considered. A major significance of financial method of approval is that it partially justifies spending money on a project. This means that it enquires whether a project gives good value for the budget of the project. It also gives confidence through its several tools that money is being put to good use. Financial techniques are also important decision making tools in which they involve comprehensive analysis of a wide range of data and judgement. This is to enable projects managers to ensure that the selected project is sustainable and it also guarantees sensible ways of managing risk. Furthermore, financial method helps to confirm that projects will be managed properly, by ensuring the calculations are accurate, that there are contingency plans to handle risks and setting milestones against which progress can be judged. 4. NON-FINANCIAL METHODS OF APPRAISAL Project appraisal is not all about financial methods. There are non-financial aspects of appraisal that play an important role in helping firms make decisions on projects. As a matter of fact, non-financial factors are considered as the backbones of a project that will either make or break a project. A very important factor that requires consideration is meeting the requirements of current and future legislation. In most cases it is regarded more important than any method of appraisal because it is uncertain. Every country belongs to a system of government that it is accountable to, in an event where every calculations and evaluations have been completed to determine the acceptability of a certain project, and then along the line the government in power brought a rather abrupt end to the given project. The logic in this implies financial techniques of appraisal are very significant to a project, however, they must go hand-in-hand with the non-financial factors and it is paramount for any management to consider meeting the requirements of the legislation first. Other important factors of non-financial methods are matching the standards of the industry, improving staff morale and improving relationships with clients. In most cases, it is fundamental to balance non-financial and financial techniques. The firm may need to decide how important each factor is to the project. An appraisal choice in this way can take into consideration how well the project fits with the techniques. d. Analysis of non-financial factors of appraisal There are different factors to be considered in the appraisal of projects. In most cases some of these factors are neglected in the event of appraisal and it does not reduce the profitability of the project, and on the other hand it renders the project non-profitable. First of all, the political factors must be considered. This is an obvious factor which its omission could result into the end of the project in the sense that the project manager or the firm must meet the requirements of the legislation. For example some governments could ban the use of some web-based advertisements due to political reasons definitely, and the project could sometime require the use of the web-based sites to create awareness of the project to the general public. Due to the actions of the government, the project consequently faces a setback. The advantage of this factor however is that, it does not occur often and it has a low probability of failing a project if it does not occur. A good example of this factor is when 2011, the Egyptian president decided to ban the access of YouTube, a video site that is known worldwide for its ease of video coverage. If the company decides to advertise the project through this means and along the way the decision is taken, the company will definitely face a setback. Another factor to be considered is the environmental factor. Green activities have recently gained popularity to the extent that companies not investing in equipment that preserve the environment are seen as non-responsive by the general public who are the customers. It is also important for a project to be aware of the resources in the area where the project would be launched. For example, in Nigeria, projects that are based on construction are usually suitable for the soils of the northern part because they are arable and fine. If a company decides to launch a project in the southern part there is possibility of failing to get the perfect soil due to large number of oil fields. Also the process of land acquisition is complex. It requires the company to follow a long process in order to acquire a large piece of land. Furthermore for short term projects it would be of immense advantage if the country is blessed with favourable weather conditions and a vast number of skilled labours. Furthermore in addition to the analysis of non-financial methods of appraisal, it is paramount to bring the usefulness of risk into the picture. It enhances decision making on marginal projects. A project whose single-value NPV is small may still be accepted following risk analysis on the grounds that its overall chances for yielding a satisfactory return are greater than is the probability of making an unacceptable loss. Likewise, a marginally positive project could be rejected on the basis of being excessively risky, or one with a lower NPV may be preferred to another with a higher NPV because of a better risk/return profile. However an area for caution is Risk analysis amplifies the predictive ability of sound models of reality. The accuracy of its predictions therefore can only be as good as the predictive capacity of the model employed. Lastly the company or the firm must consider the availability of manpower. In order to ensure the success of a project there must be a high concentration of skilled workers to handle the activities of the project. The higher the number of skilled workers will create a better chance for the project to be launched and completed in a good way. There must be individuals who will handle the financial methods as well and to ensure the project will be favourable or not. e. Limitations of non-financial methods The appraisal of projects in most cases requires the incorporation of the effects of both financial and non-financial methods of appraisal and ensures that these methods are appropriately represented. The main drawback to the non-financial methods of appraisal is that they cannot be used alone to determine the acceptability of a project. Also due to its intangible nature it brings limitation when using probability analysis. This is due to the fact that non-financial factors on projects are often difficult to quantify. As a result of this, current models often ignore this method because of the lack of knowledge of the qualitative and strategic benefit costs. Non-financial have an intangible nature, are difficult to estimate, and cause a subjective analysis to project evaluators. Therefore, the investment decision should rely not only on the traditional evaluation criteria, but also on non-financial factors, through the use of tools and methods that incorporate and quantify non-financial aspects in project evaluation. f. Comparison between financial and non-financial techniques of project appraisal The prominent issue about the financial and non-financial methods of appraisal is the fact both concepts are essential to the success of a project. The neglecting of one aspect of either of the concepts may result in the failure of the project because they work hand-in-hand. In other comments it was understood that the non-financial factors are not instrumental in the appraisal of a project due to their qualitative nature. On other hand, financial methods like the payback period do not give a true picture of what exactly is required in the investment. However in my view the financial techniques are better in showing the benefits of a project. 5. Conclusion The paper is centred on the importance of the techniques of project appraisal. Due to the mutual nature of both the financial and non-financial methods of appraisal, I believe they are both crucial factors to be considered in the appraisal of a project. The two methods complement each other. These methods are not only crucial for project use only but also for students and researchers as well, and hopefully upcoming innovation from researchers could bring adjustments to the financial methods to be simpler. . REFERENCES Akalu, M. (2001). â€Å"Re-examining project appraisal and control: developing a focus on wealth creation. † International Journal of Project Management 19: 375-383. Hermes, N. , P. Smid and L. Yao (2006). â€Å"Capital Budgeting Practices: A Comparative Study of the Netherlands and China†, Working Paper, University of Groningen, p. 36. Hawkins, C. J. , and D. W. Pearce (1971), â€Å"Capital Investment Appraisal† (MacMillan Press). Jones, C. , Software Assessments, Benchmarks, and Best Practices, Information Technology Series, Addison Wesley, 2000 Verbeeten, F. (1993). Do organizations adopt sophisticated capital budgeting practices to deal with uncertainty in the investment decision? A research note. Management Accounting Research 17: 106-120. nibusinessinfo. co. uk/content/strategic-issues-investment-appraisal (accessed on March 24, 2013) accountantnextdoor. com/investment-appraisal-8-non-financial-factors-that-every-accountants-and-managers-should-consider/ (accessed on 22nd march, 2013) letslearnfinance. com/advantages-and-disadvantages-of-payback-period. html (accessed on March 23rd, 2013)

Free Essays on Winter Dreams

The Dream and the Reality Lavish parties, twirling dresses, dapper men, and illegal alcohol fill the roaring times of the 1920s. F. Scott Fitzgerald’s story â€Å"Winter Dreams† reflects on this overzealous period. The tale tells how sometimes even with great motivation dreams cannot turn into reality. Fitzgerald does this by showcasing the life of Dexter Green. The story begins with fourteen-year-old Dexter caddying at the Sherry Island Golf Club, where he meets Judy Jones, the owner of the club’s daughter. Judy makes such an impact on Dexter that he quits his job that day. She continues to influence him for the rest of his life. He has many dreams that keep him from doing some things and force him to do others, even if they are irrational. Within a few years, Dexter acquires great wealth and gets involved as one of Judy Jones’ many affairs. Years later Dexter calls off his engagement to a woman named Irene Scheerer because of his obsession of Judy Jones. In the end, Dex ter, alone, finds out that Judy, married with children, has moved on with her life. In addition, a man tells him her beauty has faded. This news crushes Dexter’s dream, and he does not know how to get back what he had had. In â€Å"Winter Dreams† Fitzgerald creates a complicated character, uses paradoxes to describe the relationships present in the story, and produces a person who molds his life around his dreams. F. Scott Fitzgerald creates a complicated and manipulative character named Judy Jones, the daughter of Mortimer Jones, the wealthy owner of Sherry Island Golf Club, who always gets her way. Even as a ten-year-old little girl she has superiority over the staff. One day at the golf course she has a tantrum. Fitzgerald describes the scene by writing, â€Å"Miss Jones and her retinue†¦became involved in a heated conversation, which was concluded by Miss Jones taking one of the clubs and hitting it on the ground with violence† (Fitzgerald,... Free Essays on Winter Dreams Free Essays on Winter Dreams Lavish parties, twirling dresses, dapper men, and illegal alcohol fill the roaring times of the 1920s. F. Scott Fitzgerald’s story â€Å"Winter Dreams† reflects on this overzealous period. The tale tells how sometimes even with great motivation dreams cannot turn into reality. Fitzgerald does this by showcasing the life of Dexter Green. The story begins with fourteen-year-old Dexter caddying at the Sherry Island Golf Club, where he meets Judy Jones, the owner of the club’s daughter. Judy makes such an impact on Dexter that he quits his job that day. She continues to influence him for the rest of his life. He has many dreams that keep him from doing some things and force him to do others, even if they are irrational. Within a few years, Dexter acquires great wealth and gets involved as one of Judy Jones’ many affairs. Years later Dexter calls off his engagement to a woman named Irene Scheerer because of his obsession of Judy Jones. In the end, Dex ter, alone, finds out that Judy, married with children, has moved on with her life. In addition, a man tells him her beauty has faded. This news crushes Dexter’s dream, and he does not know how to get back what he had had. In â€Å"Winter Dreams† Fitzgerald creates a complicated character, uses paradoxes to describe the relationships present in the story, and produces a person who molds his life around his dreams. F. Scott Fitzgerald creates a complicated and manipulative character named Judy Jones, the daughter of Mortimer Jones, the wealthy owner of Sherry Island Golf Club, who always gets her way. Even as a ten-year-old little girl she has superiority over the staff. One day at the golf course she has a tantrum. Fitzgerald describes the scene by writing, â€Å"Miss Jones and her retinue†¦became involved in a heated conversation, which was concluded by Miss Jones taking one of the clubs and hitting it on the ground with violence† (Fitzgerald, F. Scott, â€Å"Winter Dreams,ï ¿ ½... Free Essays on Winter Dreams â€Å"Winter Dreams† – Dexter Green and the American Dream Dexter Green, the main character of the short story â€Å"Winter Dreams†, is striving for the American Dream. His goal to achieve this dream affects the way he lives his life, and the consequences that come with the choices his makes. Dexter’s desire for the American Dream- which includes status, wealth, and ability- is what ultimately leads to the demise of his winter dreams. One’s status is almost essential to make one feel important and loved. Those are exactly the feelings that Dexter is searching for in trying to gain a healthy status. He feels that if he stepped â€Å"from a Pierce-Arrow automobile, like Mr. Mortimer Jones, he [would be able to] stroll frigidly into the lounge† (p. 1026) of a popular club. One of the ways Dexter tries to strive for an admired status is through Judy Jones. Judy is the epitome of the success that Dexter is trying to gain, and status comes along with success. The fling he had with Judy, at the moment, made him feel like he was living in a dream, but without Judy, he was greatly unhappy. â€Å"Succeeding Dexter’s first exhilaration came restlessness and dissatisfaction.† (p. 1035) Dexter’s relationship with Judy made him feel like he was just one of her many flings- and indeed he was! Realizing this, he decides to join the army, and â€Å"he†¦ [became]†¦ one of those young thousands who greeted the war with a certain amount of relief, welcoming the liberation from webs of tangled emotion.† (p. 1040) An American Dream without wealth is just not an American Dream. Dexter’s dream of wealth comes from his observations of the rich at the golf club of which he worked. Dexter’s quest for wealth serves for the purpose of showing it, which makes him feel like he is superior. â€Å"He wanted not association with glittering things and glittering people- he wanted the glittering things themselves.† (p. 1029) He took the ... Free Essays on Winter Dreams The Dream and the Reality Lavish parties, twirling dresses, dapper men, and illegal alcohol fill the roaring times of the 1920s. F. Scott Fitzgerald’s story â€Å"Winter Dreams† reflects on this overzealous period. The tale tells how sometimes even with great motivation dreams cannot turn into reality. Fitzgerald does this by showcasing the life of Dexter Green. The story begins with fourteen-year-old Dexter caddying at the Sherry Island Golf Club, where he meets Judy Jones, the owner of the club’s daughter. Judy makes such an impact on Dexter that he quits his job that day. She continues to influence him for the rest of his life. He has many dreams that keep him from doing some things and force him to do others, even if they are irrational. Within a few years, Dexter acquires great wealth and gets involved as one of Judy Jones’ many affairs. Years later Dexter calls off his engagement to a woman named Irene Scheerer because of his obsession of Judy Jones. In the end, Dex ter, alone, finds out that Judy, married with children, has moved on with her life. In addition, a man tells him her beauty has faded. This news crushes Dexter’s dream, and he does not know how to get back what he had had. In â€Å"Winter Dreams† Fitzgerald creates a complicated character, uses paradoxes to describe the relationships present in the story, and produces a person who molds his life around his dreams. F. Scott Fitzgerald creates a complicated and manipulative character named Judy Jones, the daughter of Mortimer Jones, the wealthy owner of Sherry Island Golf Club, who always gets her way. Even as a ten-year-old little girl she has superiority over the staff. One day at the golf course she has a tantrum. Fitzgerald describes the scene by writing, â€Å"Miss Jones and her retinue†¦became involved in a heated conversation, which was concluded by Miss Jones taking one of the clubs and hitting it on the ground with violence† (Fitzgerald,... Free Essays on Winter Dreams Winter Dreams The story Winter Dreams is the epitome of the saying â€Å"opposites attract†. Just take a look at two of the main characters of the story; Dexter Green and Judy Jones. Judy who was born into wealth has had everything hand fed to her, for her entire life. And on the other hand you have Dexter, a boy from black bear, Minnesota with a dad that owns the second most successful grocery store in area. Dexter is a boy that comes from an upper class family, yet still knows the importance of working for riches and is fully prepared to do so. Two different people that are still drawn together by two things, Judy’s loveliness and Dexter’s gullable personality. First, let’s look at Judy’s personality. She is snobby yet refined, with an innocent demeanor that can be down right evil. She is also with out a care in the world. This personality of hers is best potrayed at the golf course when the gentlemen are playing a round of golf and all of th e sudden here â€Å"fore†. Mr. Hedrick is struck in the stomach with a golf ball that was hit by Judy. As she approaches the men Mr. Hedrick blurts out that her wild shot had hit him in the stomach, and Judy merely replies â€Å"Did I?† â€Å"I’m sorry. I yelled ‘fore!’ â€Å" (p 673) as nothing that had just occurred was out of the ordinary. Then she continued to look for her ball as she carelessly walks by the gentlemen, and after all that had just occurred she asked if they had seen where it went after striking Hedrick. Dexter on the other hand is completely different than Judy. He is a hard working boy, that is known and respected as one of the top caddies of the golf course in Black Bear. Dexter is a confident yet modest boy that has been schooled by the finest schools of the east. Meaning an ivy league school. He is smart and savvy yet extremely gullible to beauty, thus the reason for his obsession with Judy. His personality is best portraye d when he does not like the idea of the s...

Religious Spiritual Autobiography Essays

Religious Spiritual Autobiography Essays Religious Spiritual Autobiography Paper Religious Spiritual Autobiography Paper Essay Topic: 8th Grade Autobiography I guess growing up for me religion was never forced on me, but still encouraged. My parents urged for us to trek to service on Sunday morning regardless of anyones schedule that day. I once even had to miss an 8th grade basketball tournament in order to attend Sunday school. Growing up I never was a very big church-gore, but I felt like I had a good relationship with God, which is kind of redundant because of the whole lesson were currently discussing. I always felt that I could be spiritual with having an institution to initiate the fellowship with God. I guess I kind of thought that as long as I maintained an emotional relationship with God, and talked with Him on occasions where I wasnt asking for anything, I felt like I could then be considered an upstanding Christian. I know now that this is very unlikely, and that this was not the most efficient way to maintain a fellowship with God. Church is more than institutions in which you are suppose to be exposed to the gospel; it is an opportunity for people to connect and harness one anothers love for their religion and their everlasting love for God. I never looked at my church this way, and often on Sundays, found myself repeatedly looking at the clock to see when 10:30 rolled around and we could go to brunch. I regret this past sentiment and outlook on religion and to this day wish I would have taken more advantage of the resources made available to me in my first encounters with church life. Even now I try to maintain a relationship with God, and look to Him when I am in a time of duress or eel like I need guidance. On occasion I feel guilty when doing this because I feel like I am only talking to God because I am in need. This is a great example of one believing they are spiritual without being religious. If our only purpose to having a fellowship with God is to ask for his guidance and favor in a time of need, then we are straying as far from the purpose of religion as possible. I hope this class will give me a better understanding of how I can expand my relationship with God, whether it is through obtaining knowledge in the course or having an unexplained epiphany or connection that exposes me to my ideal path. I feel recently, since my transfer to a public school and declining exposure to religion, I have strayed from a strong fellowship with God, and even though I identify as a Christian and have accepted Jesus as my Lord and Savior, I occasionally feel as if I dont deserve the responsibility and privileges obtained when having a fellowship with God. Religious Spiritual Autobiography By Speakeasies

The advantages and disadvantages of rationalism Essay

The advantages and disadvantages of rationalism - Essay Example This research will begin with the statement that in the organizational context, rationalization can be described as the reorganization of a company with the intention of increasing its efficacy; this can be done through a variety of ways. For one, the size of the organization in question may be reduced, alternatively, there could be a change in policy or alteration of strategy concerning a given product or service. From a sociological point of view, rationalization often denotes the replacing of traditional values as well as emotions as key motivators in society; instead, people are expected to apply calculated and set goals with objective means and ends. Examples of such scenarios include the bureaucracy in government and to some extent in the private sector; decisions are made not according to the ideas of feelings of any one individual by through strictly following a set of pre-set rules. One of the main benefits of rationalization is it facilitates efficiency in social organizati ons such that the people involved follow the rules which guide them in making the right decisions and by extension meet the goals of their society. Nevertheless, rationalization has also been highly criticised, for one, it is seen as a force for the dehumanization of people in favor of rules organizational behaviors. In addition, the fact that rationalization has been retrospectively dubbed as progress has been opposed on the basis of its tendency to move modernity away from the tenets of enlightenment.

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Desertation questionaire - Essay Example Additional faculty would be required to cope with the changes and new curriculum would be added in Chinese language. The school has applied for grant from the state and is hopeful of receiving it. In the meantime the administrators would like a report incorporating the evaluation of the expansion process. The main expansion would be in the area of incorporating technology which would enhance the education system. Apart from this, the sports facilities and the gymnasium area were considered inadequate as the number of students has gone up. The question of expansion arose because it has been felt that students need to balance between studies and sports. To enhance the quality of the students, to make them capable of competing with others schools in the region, to improve the efficiency of the staff, to enhance teaching facilities for the faculty, expansion has been considered necessary. 2. Any decision is based on a body of knowledge. This body of knowledge is produced through research. By applying the appropriate methodologies and the research method, the body of knowledge can be established and advanced with confidence. Any research is valuable because research adds to the existing knowledge. Research helps to take decisions; research synthesizes information. Research methodology is the procedural framework within which the research is conducted. The methodology depends upon the topic to be researched and the specific research questions are the primary drivers. The research would attempt to find how the faculty and staff respond to the changes as a result of expansion. Any change brings resistance from the employees. Employees in an academic institution comprise of the teaching and non-teaching staff. The change could affect the educational system or the administration of the school. It is essential to evaluate the implications of change because it affects the

Mathematics in motion Research Paper Example | Topics and Well Written Essays - 750 words

Mathematics in motion - Research Paper Example P is the momentum of the moving object and m is the mass of the moving object. The mass of the object remains constant. During collision of the vehicle, momentum is conserved. Car collisions are inelastic in nature. A car tries to absorb the impact of collision by diverting the force. During this type of collision momentum is conserved but the kinetic energy is not totally conserved. The transfer of the kinetic energy is difficult. It is easier to determine the position of an object, if the force is known. The simple way to do this is to double integrate the differential equation of force twice. After the first integration velocity is the yield and after second integration, position of the object can be determined. The method can be utilized to evaluate the trajectory of an object. The method is an easier method that gives an analytical solution to evaluate the position of the object when the force is the function of time (Chemistry.clemson.edu, 1998). The function depicts that the c ollision between the vehicles is fatal due to the gain in the kinetic energy with respect to the increase in the force with respect to time. The function gives that force is directly proportional to the displacement. However, it is also dependent on the time. The three equation of motion are: †¦Ã¢â‚¬ ¦ (1) †¦Ã¢â‚¬ ¦.. (2) †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. ... and the driver accelerates the car with 2m/s2 for 5 second, he will attain a velocity of 11m/s, which is relatively high speed as compared to the initial velocity. In the similar manner if the driver has an initial velocity of 50m/s and driver accelerates the car with 5m/s2 for 10 second, he will attain a velocity of 100m/s that is double the initial velocity. Thus it is important to take care of the speed laws and accelerate the car recommended manner. In other case, if the driver has the initial velocity of 10m/s and driver accelerates the car with 5m/s2 for 10 second, he will cover about 350 meters. In the similar manner if the car is going too fast consider at 100m/s and we have to stop it to 0m/s in 2 seconds. The car has to decelerate at the rate of 50m/s2. If the rate of deceleration is about 20m/s2, the car would take 5 seconds stop. That speed laws are there to control the speed of the vehicle and stop the vehicle in no time. The more the car attains speed, the more time it will require to stop the car. In the similar manner, if the car stops in 5 seconds and decelerate at -20m/s2, it will cover about 250 meters to stop the car. If we want to stop the car in just less than 10 meters then the deceleration required will be -500m/s2, which is what we require in case of stopping the car. In this way, speed should be controlled according to the speed laws. References Chemistry.clemson.edu (1998).  Newton's Equation of Motion. [online] Retrieved from: http://chemistry.clemson.edu/chemdocs/marcusgroup/software/CONCEPT/QMA/fma/fma.htm [Accessed: 6 Dec 2013]. Physics.info (2013).  Equations of Motion - The Physics Hypertextbook. [online] Retrieved from: http://physics.info/motion-equations/ [Accessed: 6 Dec

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Domestic Terrorism History Term Paper Example | Topics and Well Written Essays - 2000 words

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Complaints Against an Attorney Essay Example | Topics and Well Written Essays - 500 words

Complaints Against an Attorney - Essay Example The subchapter 8.100 of the Michigan Court rules clearly states some rules that regulate the conduct of attorneys. In addition, the Michigan Supreme Court occasionally produces administrative orders, which can have the same effect of the Michigan Court Rules governing attorney practices. (Michigan legal ethics). Michigan attorneys are accountable for their misconducts regardless of whether or not they are occurred in the course of an attorney-client relationship. According to the section 0.2:240 of the Michigan Rules of Professional Conduct, misconduct can be referred to as â€Å"conduct prejudicial to the proper administration of justice† or â€Å"conduct that exposes the legal profession or the courts to obloquy contempt, censure or reproach† (Michigan legal ethics). An individual can file a complaint against the attorney if the individual truly believes that the attorney’s conduct was against justice, professional ethics, honesty and good morals. If the attorney’s conduct does not meet the Standards of Professional Responsibility set by the Supreme Court, he will be found guilty. An individual can file a Request for Investigation if the attorney’s conduct is contrary to US’ or any of its states’ criminal law. An attorney will be found accountable for his misconduct if he intentionally misrepresents any fact or circumstance. In short, an individual can file a Request for Investigation against an attorney if the complainant really believes that the conduct of the attorney was against his professional ethics. Anyone can file a complaint against an attorney licensed by the State Bar of Michigan or permitted by an authoritative court by filling and signing the Request for Investigation form of AGC. In addition, the complaint can also be filed by sending in a signed letter. According to the Attorney Grievance Commission, â€Å"The form or letter must be signed and sufficiently describe the alleged

Analysis of the book Funny in Farsi by Firoozeh Dumas Essay

Analysis of the book Funny in Farsi by Firoozeh Dumas - Essay Example Dumas, through the book, has shown that the way people perceive things and act and react to incidents regarding different cultures and values, holds the key to adjustment in a foreign land. The book is a collection of author’s experiences from her childhood to her adulthood in Southern California and is written in a language which is able to handle serious issues with simplicity and in a highly funny manner. The book is a collection of anecdotes of the author’s growing years in Southern California in the 70s. She had come here in 1972 with her family, initially comprising of her parents and brothers and who were later joined by other family members like uncle, aunt and cousins. Despite his education in America, her father was not much familiar with his host country and neither he nor other members of his family were well versed in English. But the language was not an insurmountable barrier for Dumas family because they tackled such issues with humor and really enjoyed the learning process which taught them how to overcome cross cultural issues and live in a multicultural society with harmony and peace. The book has been divided into 12 chapters where the author has given account of her different experiences and the titles of her experiences are succinct and give a hint of the experience in that area. Leffingwell Elementary School, Hot Dogs and Wild Geese, Save Me Mickey, Swoosh Swoosh, etc. prepare the readers for her unique experiences which are recounted with funny bylines and wit that leaves a smile on their faces. Indeed Dumas has shown that laughing at oneself is not only healthy but can turn out to be the best tool to conquer the manmade barriers like language, race, religion and other cross cultural issues. ‘It was the Promised Land. For me, it was where I could buy more outfits for Barbie’, indeed, such expressions are designed to send the message that one needs to take the serious issues with a little blasà ©