Wednesday, October 30, 2019
Microeconomics- price discrimination Essay Example | Topics and Well Written Essays - 750 words
Microeconomics- price discrimination - Essay Example According to microeconomics, companies usually charge higher prices to those consumers who have a higher consumer surplus or those who are willing to pay higher. Higher consumer surplus lubricate the process of increase in price and consumer with higher surplus do not resist to price hike. Similarly, by doing this Eskom would have increased its revenue as those consumers who are more likely to pay higher prices are being charged more. The reason why this surplus is higher for residential consumers than industrial consumers could be illustrated from our own experience. As residential consumers we have less cash assets than industrial consumer who are bestowed with large cash balance. Hence, we find it more attractive to pay the increased price rather than changing the electricity supplier and paying connection charges as it would undertake both connection costs and time. Whereas, on the other hand industrial consumer would resist to price change bestowed with large money balance and i n bid to remain competitive. (McConnell and Brue, 2001) Although, the policy of price discrimination might reduce the demand of electricity but in doing so the firm will make sure that consumer who are paying more is provided more electricity to earn higher revenue. For example, if a same product is sold to different consumers at different prices, then the company would make sure that consumers who are paying more are provided with commodity in order to maximize the companyââ¬â¢s revenue. In our case residential consumers are those who are paying more and hence will be provided more power supply. (Economist, 2008) Therefore, any price increase to industrial consumer would mean a customer is lost due to low consumer surplus for these users. This is a reason why Eskom charges higher prices to residential consumers than industrial consumer. Similarly, logic provides us with answer why Eskom does not charge both
Monday, October 28, 2019
Types Of Grants And Scholarships Essay Example for Free
Types Of Grants And Scholarships Essay The Pell Grant Program basically provides need-based grants to students belonging to low-income families.à This grant is primarily for undergraduate and certain postgraduate students who do not have adequate finances and access to graduate degree programs.à The current institutions that participate in this program approximate nearly 5,400.à The grants generally cover expenses such as allowances and basic education costs. The grant amount is determined by a number of factors such as the contribution from the family (EFC), the cost of basic education, whether the student is full-time or part-time and the entire attendance during the school year. à An eligible student may not receive more than one Pell Grant from more than a single academic institution at a time.à According to the FSA handbook, direct grants may be awarded with the aid of participating schools to students who fit the financial need qualifications and who have not received their bachelorââ¬â¢s degrees. The Academic Competitiveness Grant (ACG) is a relatively new program that was granted during the 2006-2007 academic year.à The main purpose of this grant is to encourage students in the United States to enroll in more challenging high school courses and also to eventually pursue college degrees.à This grant is awarded to students who are first-year undergraduate students who were able to graduate from high-school in 2006, and to second-year students who graduated in January 1, 2005 from their high school. This can be awarded to a student over and above the Pell grant award that a deserving student receives.à There is currently over US $4.5 billion that has been earmarked for this program over the next five (5) years and this will continue on until the 2010-2011 academic calendars.à In order to be qualified to receive this grant, applicants must be full-time students (unlike the Pell Grant) and must be United States citizens. Works Cited: ACG Grant Information from http://www.acggrant.com/ last accessed on March 20, 2008 Federal Pell Grant Program from http://www.ed.gov/programs/fpg/index.html last accessed on March 20, 2008
Saturday, October 26, 2019
Collaborative Selling :: GCSE Business Marketing Coursework
Collaborative Selling On March 11, 1998 I attended a lecture held by John Littleson in Vineland NJ. The topic of his lecture was collaborative Selling. In which he presented the six best ways to increase sells. John is a multi millionaire; he owns eight new car dealerships, two boat dealerships and several properties through out South Jersey. Target The first step is a marketing necessity: understand exactly what the product/service is and identify the specific markets that can best use it. This is done on a company level in their marketing plan and should be done by individual salespeople as well. It takes some time, but careful planning focuses effort and provides a greater return on time and money invested. Collaborative salespeople know they must concentrate on Prospects who have a high probability of buying. Contact The first step after targeting a market is to contact them in a cost-effective and professional way. Naturally, this would be some combination of letter, phone, and personal contact. The right combination of contacting strategies ensures that collaborative salespeople create high-perceived value before they call on their prospects. When contact is made, collaborative salespeople set the stage for a cooperative, working relationship. They convey their desire to explore needs and opportunities. They build credibility and trust. They express their sincere desire to be of service, and they make their competitive advantages known without jumping into a presentation. Explore In this stage of the collaborative sales process, salespeople convey the message: "Let's explore your business situation to see if there are need to fulfill or opportunities on which to capitalize." During the explore stage, collaborative salespeople conduct research, meet with their prospects frequently, and do whatever it takes to become an expert on their prospect's business. The give-and-take relationship that Develops sets the stage for in-depth exploration of options that may culminate in a sale. Collaborative salespeople make it clear that they want to help, not just make a sale. If, after information-gathering, collaborative salespeople find that their products are not appropriate for their prospects, which is unlikely due to their careful target marketing, they will forego the sale, but have made a friend and business Contact. Collaborate It is at this point after an in-depth exploration of a prospect's situation that collaborative salespeople talk about their products or services.
Thursday, October 24, 2019
Clause 49 – Listing Agreement
CORPORATE WORLD Clause 49 of Listing Agreement on Corporate Governance ââ¬âDilip Kumar Sen SEBI has revised Clause 49 of the Listing Agreement pertaining to corporate governance vide circular dated October 29, 2004, which supersedes all other earlier circulars issued by SEBI on this subject. The article highlights important changes in the corporate governance norms. C lause 49 of the Listing Agreement, which deals with Corporate Governance norms that a listed entity should follow, was first introduced in the financial year 2000-01 based on recommendations of Kumar Mangalam Birla committee.After these recommendations were in place for about two years, SEBI, in order to evaluate the adequacy of the existing practices and to further improve the existing practices set up a committee under the Chairmanship of Mr Narayana Murthy during 2002-03. The Murthy committee, after holding three meetings, had submitted the draft recommendations on corporate governance norms. After deliberations, SEBI accepted the recommendations in August 2003 and asked the Stock Exchanges to revise Clause 49 of the Listing recommendations and the same was put up on SEBI website on 15th December 2003 for public comments.It was only on 29th October 2004 that SEBI finally announced revised Clause 49, which will have to be implemented by the end of financial year 2004-05. These revised recommendations have also considerably diluted the original Murthy Committee recommendations. Areas where major changes were made include: ? Independence of Directors ? Whistle Blower policy ? Performance evaluation of nonexecutive directors ? Mandatory training of non-executive directors, etc. The changes in corporate governance norm as prescribed in the revised Clause 49 are as follows: A. Composition of BoardThe revised clause prescribes six tests, which a non-executive director needs to pass to qualify as an Independent Director. The existing requirement is that to qualify as an Independent Director, the di rector should not have, apart from receiving directorââ¬â¢s remuneration, any other material pecuniary relationship or transactions with the company, its promoters, its management or its subsidiaries, which in the judgment of the Board may affect independence of judgment of the director. This requirement finds place in the revised clause also Agreement based on Murthy committee recommendations.This led to widespread protests and representations from the Industry thereby forcing the Murthy committee to meet again to consider the objections. The committee, thereafter, considerably revised the earlier The author is Vice President, Tata Tea Ltd. He can be reached at dilip. [emailà protected] co. in THE CHARTERED ACCOUNTANT 806 DECEMBER 2004 CORPORATE WORLD except that the relationship will now extend to its management, its holding company and its associates in addition to the existing list. Further the Board is no longer required to judge the independence status of a director as at present.Five new clauses have been added to determine independence of a director. These are: (i) He is not related to promoters or persons occupying management positions at the board level or at one level below the board; (ii) He has not been an executive of the company in the preceding three financial years; (iii) He is not a partner or an executive or was not partner or an executive during the preceding three years of (a) the statutory audit firm or the internal audit firm that is associated with the company; and (b) the legal and consulting firms that have a material association with the company. iv) He is not a material supplier, service provider or customer or a lessor or lessee of the company, and (v) He is not a substantial shareholder of the company owning two percent or more of the block of voting shares. The new tests of ââ¬Ëindependenceââ¬â¢, the readers would recall, were mostly included in the Companies (Amendment) Bill, 2003. The important and practical change t hat has now been made is addition of the word ââ¬Ëmaterialââ¬â¢ in item (iv) above. Without use of the word ââ¬Ëmaterialââ¬â¢, technically even a single supply or purchase by the director to or from the company would have taken away independence status if he/she was otherwise eligible.However, the word ââ¬Ëmaterialââ¬â¢ has not been defined. Nominee directors of Institutions are now to be considered as ââ¬ËIndependent Directorââ¬â¢. While on the subject of Independent Director one must remember that no one is invited to join a board to act as a nonexecutive director unless he/she is well known to the Promoters or the Chairman or the Managing Director. All non-executive directors, whether or not independent, need support of Promoter Group for their reelection. If the purpose or objective of having a specified number of independent directors on the boards of listed companies is to ensure that boards are notTwothird of the members of Audit committee shall be ind ependent directors as against the present requirement of majority being independent. packed with ââ¬Ëyes-menââ¬â¢ or to ensure constructive criticism one needs to ponder how many independent directors can freely raise questions at board meetings. Is it right that a vast majority of them invariably support every proposal of management? Only a few persons who are eminent in their own fields may ask right questions, even if they look inconvenient, at board meetings but the majority may not muster enough courage to do so.It may therefore appear that no amount of regulation can ensure how an independent director should behave at board meetings. After all independence is a matter of attitude and a director who is conscious about his responsibilities, will always raise right questions at board meetings, whether or not he holds the independent status. The original recommendation of the Murthy Committee for mandatory training and updating of knowledge of directors has now been shifted to non-mandatory requirement, most probably in the face of strong opposition from industry.This indeed is sad as a vast majority of directors are in need of training in the business model of the company and for updating of knowledge. I do THE CHARTERED ACCOUNTANT 807 DECEMBER 2004 CORPORATE WORLD believe that a beginning in this regard was immediately necessary. It may not be out of place to mention here that under the Listing requirements of UK all directors are mandatory required to regularly update and refresh their skills and knowledge. From the point of view of listed companies, a declaration should be obtained annually from all independent directors confirming compliance with all six conditions of independence.The CEO/CFO Certification is a new requirement and is based on Sarbanes Oxley Act of USA. Five new items have been added under nonmandatory requirements and the existing item on Postal ballot has been deleted. (ii) A code of Conduct for Board members and senior managemen t has to be laid down by the Board which should be posted on the website of the company. All Board members and senior management should affirm compliance with the code on annual basis and the annual report shall contain a declaration to this effect signed by the CEO. B.Non-Executive Directorsââ¬â¢ compensation & disclosures A new requirement has been provided for obtaining prior approval of shareholders for payment of fees/compensation to non-executive directors. If there is stock option, the limit for the maximum number that can be granted to non-executive directors in any financial year and in aggregate should be disclosed. According to the Companies Act, 1956 fees paid to directors do not form part of Managerial remuneration and hence no approval of shareholders for payment of fees to directors is required.Listed companies will now need to obtain prior approval of shareholders for payment of sitting fees to directors. Unless the Government is contemplating to change the law an d bring sitting fees within the ambit of Managerial remuneration this contradiction should have been avoided. (v) Role of the Audit committee has been enlarged to include (a) matters required to be included in Directorsââ¬â¢ Responsibility statement; (b) to review the functioning of Whistle Blower mechanism if the same is existing and (iii) review of performance of statutory and internal auditors. vi)The Audit committee will also mandatorily review (a) Management Discussion and Analysis of Financial condition and results of operations; (b) statement of significant related party transactions; (c) Management letters/letters of internal control weaknesses issued by t h e D. Audit Committee Following are the changes with regard to Audit Committee: (i) Two-third of the members of Audit committee shall be independent directors as against the present requirement of majority being independent; (ii) Earlier, only non-executive directors could be members of Audit committee. The revised cla use has omitted this requirement. iii) All members of the Audit committee shall be financially literate (as defined in the revised clause) as against the existing requirement of at least one member having financial and accounting knowledge. (iv) Minimum number of Audit committee meetings in a year increased to 4 from 3. C. Other provisions relating to Board (i) Gap between two meetings has been reduced to three months from four months ruling at present. statutory auditors; (d) Internal audit reports relating to internal control weaknesses, and (v) To review the appointment, removal and terms of remuneration of the Chief Internal Auditor.The Audit committee will no longer be required to review the companyââ¬â¢s financial and risk management policies. Risk assessment and minimization procedures will now be reviewed by the Board. Listed companies should now THE CHARTERED ACCOUNTANT 808 DECEMBER 2004 CORPORATE WORLD ascertain from their respective Audit committees the frequency of re porting related party transactions, frequency of discussing Management letters issued by the statutory auditors etc. drawn to the following: (a) Material non-listed Indian subsidiary has been mentioned only for Board representation.In respect of review of financial statements of unlisted subsidiary by the audit committee of holding company and placing of minutes and significant transactions entered into by subsidiary, it is significant that the words ââ¬Ëmaterialââ¬â¢ and ââ¬ËIndianââ¬â¢ solidated turnover or net worth respectively of the listed company and its subsidiaries. This definition is likely to exclude most of the unlisted subsidiaries as they are not likely to meet the turnover or net worth test. (c) Significant transaction or arrangement shall mean any individual transaction that exceeds 10% of the total revenues/expenses/assets/liabilities of the subsidiary.It is difficult to understand the logic of excluding subsidiaries incorporated abroad from the purview of representation on the board by an independent director. E. Subsidiary Companies These are new requirements, which provide for the following: (i) At least one indepen- T th he o m e ri in an M gin ha g o dat ur t al r m s f or hy ec pr an now kno y tr C om op ob dat b w ain o me in po ab or een led in mm nd de s ly y g g i a ed itio in re cha e o an tte tio qu n f d e n is n th g o sa fro e ire ed dir up fo f d. m fac me as ec da r i n e n t a n t o r tdu o f , o s st st mo nry ro s . T n t hi g s F.Disclosures Following new disclosure requirements have been specified in the revised clause 49: (i) Statement on transactions with related parties in the ordinary course of business shall be placed before the Audit committee periodically; (ii) Details of material individual transactions with related parties which are not in the normal course of business shall be placed before the Audit committee; and (iii) Details of material individual transactions with related parties or others, whic h are not on armââ¬â¢s length basis should be placed before Audit committee together with managementââ¬â¢s justification for the same.Here also, the word ââ¬Ëmaterialââ¬â¢ has not been defined. Listed companies should ascertain dent director on the Board of the holding company shall be a director on the board of a material non-listed Indian subsidiary company; (ii) The audit committee of the holding company shall review the financial statements, in particular, the investments made by the unlisted subsidiary company; (iii) The minutes of board meetings of the unlisted subsidiary company shall be placed at the board meeting of the holding company.The management should periodically bring to the attention of the holding company a statement of all significant transactions and arrangements entered into by the unlisted subsidiary company. Attention of the readers is have not been used. It can therefore be interpreted that board meeting minutes, financial statements and signific ant transactions of all unlisted subsidiaries whether incorporated in India or abroad are to be placed before the board of the holding company or to be reviewed by the audit committee of the holding company.Is this the intention? (b) Material non-listed Indian subsidiary shall mean an unlisted subsidiary, incorporated in India, whose turnover or net worth exceeds 20% of the con- THE CHARTERED ACCOUNTANT 809 DECEMBER 2004 CORPORATE WORLD from their respective audit committees the frequency of reporting such transactions. (iv) Financial statements should disclose together with managementââ¬â¢s explanation any accounting treatment different from that prescribed in Accounting Standard. v)The company will lay down procedures to inform board members about the risk assessment and minimization procedures which shall be periodically reviewed by the Board. (vi) The company shall disclose to the Audit committee on a quarterly basis the use of funds raised through public/ rights/preferential issues. Annually a statement showing use of funds for purposes other than those stated in Offer document/prospectus should be placed before the Audit committee. Such statement should be certified by the statutory auditors. vii) Under ââ¬ËRemuneration of Directorsââ¬â¢ new disclosure requirements have been prescribed, which include criteria of making payments to nonexecutive directors, shares and convertible instruments held by non-executive directors and shareholding (both own and held on beneficial basis) of nonexecutive directors to be disclosed in the notice of general meeting called for approving appointment of such director. 2002-03. The revised Clause only requires CEO and CFO to certify to the Board the annual financial statements in the prescribed format.While this certification will certainly provide comfort to the non-executive directors and will indeed act as the basis for the Board to make Directorsââ¬â¢ Responsibility Statement in terms of section 217(2AA) of the Companies Act, 1956, it is not clear why SEBI did not require the listed companies to include such certification in the Annual Report. While the new corporate governance norms are more stringent than the existing requirements it must be appreciated that while regulations in these areas are necessary, regulations per se cannot and will not ensure good corporate governance.H. Compliance Report The format of quarterly report to be submitted to the Stock Exchanges has been revised and the new format follows the revised requirements of Clause 49. The CEO or the Compliance officer can now sign the compliance report. The annual corporate governance report should disclose adoption or non-adoption of non-mandatory requirements. G. CEO/CFO Certification This is a new requirement and is based on the Sarbanes Oxley Act of USA. This had also been recommended by the Naresh Chandra Committee set up by the Centre in I. Non-mandatory requirementsFive new items have been added under non-mandatory require- ments and the existing item on Postal ballot has been deleted. The first new item states that Independent directors may not have tenure not exceeding in the aggregate a period of nine years on the Board of the company. The next item relates to companies moving towards a regime of unqualified audit report. The third item deals with training of board members in the business model of the company as well as risk profile of the business parameters of the company and responsibilities of directors and how best to discharge it.The fourth item deals with performance evaluation of non-executive directors by a peer group comprising the entire Board. The fifth item relates to setting up of a whistle blower policy in the company. While the new corporate governance norms are more stringent than the existing requirements it must be appreciated that while regulations in these areas are necessary, regulations per se cannot and will not ensure good corporate governance. Attention of readers is drawn towards the Report on Observance of Standards and Codes carried out under a joint programmed of World Bank and IMF.This report benchmarks the observance of corporate governance in India against the benchmark Principles of Corporate THE CHARTERED ACCOUNTANT 810 DECEMBER 2004 CORPORATE WORLD Governance laid down by the Organization for Economic Cooperation and Development (OECD). The assessment team had extensively interviewed issuers, institutional investors, financial institutions, market analysts, lawyers, accountants and auditors. The report was also discussed by Government of India and cleared by the DEA for publication in June 2004. Following are the areas identified for reform in the World Bank report: a.Sanctions and enforcements: Sanctions and enforcements should be credible deterrents to help align business practices with the legal and regulatory framework, in particular with regard to related party transactions and insider trading. b. The current framework places the oversight of listed companies partly with DCA, partly with SEBI and partly with Stock exchanges. This fragmented structure gives rise to regulatory arbitrage and weakens enforcement. c. If boards are to move away from simply ââ¬Ërubber stampingââ¬â¢ the decisions of management or promoters they must have a clear understanding of what is expected from them.They should know their duties of care and loyalty to the company and all shareholders. They should know their responsibilities and should be familiar with the changes in this regard arising from changes in laws and regulations. A key missing ingredient is a strong focus on professionalism of directors. Director training institutes can play a key capacity building role and expand the pool of competent candidates. d. Institutional investors acting in a fiduciary capacity should be encouraged to form a comprehensive corporate governance policy including voting and board representation.It will be observed that the World Bank report has stressed the need of training and updating of knowledge of directors. Unfortunately the recommendation of Murthy Committee in this regard has now been shifted as nonmandatory requirement. The rationale of industryââ¬â¢s objection to mandatory training, etc. of directors is not readily understandable. Hopefully, when the governance norms are reviewed next the training and knowledge updating would be made mandatory requirement. A new requirement has been provided for obtaining prior approval of shareholders for payment of fees/compensation to nonexecutive directors.If there is stock option, the limit for the maximum number that can be granted to nonexecutive directors in any financial year and in aggregate should be disclosed. à ¦ Leading light of CA world, SN Desai passes away ne of the highly revered Chartered Accountants and a leading light of the profession, ICAIââ¬â¢s former-president Shri Shantanu Nanubhai Desai passed away on 10th November 2004 in Mumbai. Born on 26th January 1925, he became a member of our Institute in 1949 and rose to become one of the pillars of the profession.Having become President of ICAI in 1961-62 at a young age of 35, he had served as a Central Council member for decades. He was actively associated with Indian Merchants Chamber as its Managing Committee member for a long period of 32 years. He became its President in 1976. He had held several distinguished positions in his illustrious professional life, including as Member of the High Powered Sachar Committee on Company Law & MRTP Reforms, as Chairman/ Director of several reputed public companies besides as a member of ASSOCHAM. Mr.Desai was also the founder member of the Bombay Chartered Accountants Society. A Rotarian of repute and a veteran of several Committees, Mr. Desai was a free, frank and modest personalityââ¬â a thorough gentleman who endeared one and all with his qualities of both head and heart. Mr. Desaiââ¬â¢s services to the cause of our pro fession and his long career of more than 50 years as one of our professionââ¬â¢s most distinguished ambassadors will long be remembered and will continue to inspire new generation of Chartered Accountants. O THE CHARTERED ACCOUNTANT 811 DECEMBER 2004
Wednesday, October 23, 2019
Ruth’s Chris Steakhouse Case
Ruthââ¬â¢s Chris Steakhouse Case Study Overview Your overall case analysis should include the following sections: 1. Problem identification 2. Case analysis (including a SWOT analysis) 3. Generation of alternatives (at least three) 4. Analysis of alternatives 5. Recommendations (preferred alternative) Step 1: Problem Identification BBB4M Clearly and accurately identify the key decisions, problems, and strategic issues facing the company or manager in question. Ask yourself the following questions: 1. What appears to be the problem(s) here? 2. How do I know that this is a problem? You must differentiate between the symptoms of the problem and the problem itself. The problem statement may be framed as a question. For example, what should Mr. Smith do? How can Mr. Smith improve the companyââ¬â¢s market share? Step 2: Case Analysis Describe the facts and the impact they have on the problem. Conduct a formal SWOT analysis. What are the company's strengths and weaknesses? What are the constraints and opportunities implicit to this situation? What are the internal and external challenges facing the company? Step 3: Generation of Alternatives How can the problem be resolved? Clearly delineate a good range of alternative courses of actions (at least three) that the company or manager in question may consider. The alternatives must be realistic. Doing nothing can be a viable alternative, provided it is being recommended for the correct reasons. Step 4: Evaluation of Alternatives Evaluate the alternatives against key decision criteria. You may want to establish a simple table to assess your alternatives against your selected criteria. Another method that can be used is to determine the advantages and disadvantages of each alternative, and then discuss the short and long term implications of each. Step 5: Recommendations Make a clear and compelling case as to what the company should do and why, with clear analysis Ruthââ¬â¢s Chris Steakhouse Case Study Expectations for the Written Report 1. Title page 2. Table of contents 3. Problem (Issue) statement 4. Case analysis 5. Generation of alternatives 6. Analysis of alternatives 7. Recommendations 8. Case study BBB4M Make sure to proof read your work. Restating the case facts is not part of the case analysis. Only mention the facts that are relevant to (and support) your analysis and recommendation. Make sure to write in a professional manner incorporating key course terminology and concepts. Due Date:
Tuesday, October 22, 2019
The irrealis were can say hello to the Dodo
The irrealis were can say hello to the Dodo The irrealis were can say hello to the Dodo The irrealis were can say hello to the Dodo By Maeve Maddox Reader Mariana Blaser recently brought up the question of the subjunctive use of were. She gave the following examples: If she were younger, she would have enjoyed that trip. I wish I were stronger. or He wished he were stronger. à Somehow the second sentence feels odd to me. Using the verb flexed in the plural form with wish should also be used with he, she and (eventually) it? Before I could respond, she found her own answer in an article by Jan Freeman in the Boston Globe. Iââ¬â¢m happy to say I anticipated this verdict in my post on subjunctive were: To a large extent, English speakers donââ¬â¢t pay much attention to the subjunctive. The upshot of the Globe article is that although sites like this one still offer guidelines for its use, the subjunctive use of were is is a non-issue. According to Geoffrey Pullum, co-author of the Cambridge Grammar of the English Language and a linguist at Edinburgh University, we can substitute was for subjunctive were in any context. Fade away: The slow retirement of a tricky subjunctive Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:Wether, Weather, WhetherItalicizing Foreign WordsDouble Possessive
Monday, October 21, 2019
Geography and Information About France
Geography and Information About France Population: 65,312,249 (July 2011 estimate)Capital: ParisArea of Metropolitan France: 212,935 square miles (551,500 sq km)Coastline: 2,129 miles (3,427 km)Highest Point: Mont Blanc at 15,771 feet (4,807 m)Lowest Point: Rhone River delta at -6.5 feet (-2 m) France, officially called the Republic of France, is a country located in Western Europe. The country also has several overseas territories and islands around the world but the mainland of France is called Metropolitan France. It stretches north to south from the North Sea and the English Channel to the Mediterranean Sea and from the Rhine River to the Atlantic Ocean. France is known for being a world power and it has been an economic and cultural center of Europe for hundreds of years. History of France France has a long history and according to theà U.S. Department of State, it was one of the earliest countries to develop an organized nation-state. As a result of the mid-1600s, France was one of the most powerful countries in Europe. By the 18th century, though, France began having financial problems due to the lavish spending of King Louis XIV and his successors. These and social problems eventually led to theà French Revolutionà that lasted from 1789 to 1794. Following the revolution, France shifted its government between absolute rule orà constitutional monarchyà four times during the Empire ofà Napoleon, the reigns of King Louis XVII and then Louis-Philippe and finally the Second Empire of Napoleon III. In 1870 France was involved in the Franco-Prussian War which established the countrys Third Republic that lasted until 1940. France was hit hard duringà World War Ià and in 1920 it established theà Maginot Lineà of border defenses to protect itself from the rising power of Germany. Despite theseà defenses,à however,ââ¬â¹Ã France was occupied by Germany early duringà World War II. In 1940 it was divided into two sections - one that was directly controlled by Germany and another that was controlled by France (known as the Vichy Government). By 1942 though all of France was occupied by theà Axis Powers. In 1944 the Allied Powers liberated France. Following WWII a new constitution established Frances Fourth Republic and a parliament was set up. On May 13,à 1958,ââ¬â¹Ã this government collapsed due to Frances involvement in a war with Algeria.à As a result,ââ¬â¹Ã General Charles de Gaulle became the head of government to prevent civil war and the Fifth Republic was established. In 1965 France held an election and de Gaulle was elected as President but in 1969 he resigned after several governmental proposals were rejected. Since de Gaulles resignation, France has had seven different leaders and its recent presidents have developed strong ties to theà European Union. The country was also one of the EUs six founding nations. In 2005 France underwent three weeks of civil unrest as its minority groups began a series of violent protests. In 2017à Emmanuel Macronà was elected president. Government of France Today France is considered a republic with an executive, legislative and judicial branch of government. Its executive branch is made up of a chief of state (the president) and a head of government (the prime minister). Frances legislative branch consists of aà bicameral Parliamentà made up of the Senate and the National Assembly. The judicial branch of Frances government is its Supreme Court of Appeals, the Constitutional Council and the Council of State. France is divided into 27 regions for local administration. Economics and Land Use in France According to theà CIA World Factbook, France has a large economy that is currently transitioning from one with government ownership to a more privatized one. The main industries in France are machinery, chemicals, automobiles, metallurgy, aircraft, electronics, textiles, and food processing. Tourism also represents a large part of its economy as the country gets about 75 million foreign visitors each year. Agriculture is also practiced in some areas of France and the main products of that industry are wheat, cereals, sugar beets, potatoes, wine grapes, beef, dairy products, and fish. Geography and Climate of France Metropolitan France is the part of France that is located in Western Europe to the southeast of the United Kingdom along the Mediterranean Sea, the Bay of Biscay and the English Channel. The country also has several overseas territories which include French Guiana in South America and the islands of Guadeloupe and Martinique in the Caribbean Sea, Mayotte in the Southern Indian Ocean and Reunion in Southern Africa. Metropolitan France has a varied topography that consists of flat plains and/or low rolling hills in the north and west, while the rest of the country is mountainous with the Pyrenees in the south and the Alps in the east. The highest point in France is Mont Blanc at 15,771 feet (4,807 m).The climate of Metropolitan France varies with ones location but most of the country has cool winters and mild summers, while the Mediterranean region has mild winters and hot summers. Paris, the capital and largest city of France, has an average January low temperature of 36 F (2.5 C) and an average July high of 77 F (25 C). Sources Central Intelligence Agency. (10 May 2011). CIA - The World Factbook - France. Retrieved from: https://www.cia.gov/library/publications/the-world-factbook/geos/fr.htmlInfoplease.com. (n.d.). France: History, Geography, Government, and Culture- Infoplease.com. Retrieved from: infoplease.com/country/france.htmlUnited States Department of State. (18 August 2010). France. Retrieved from: state.gov/r/pa/ei/bgn/3842.htmWikipedia.com. (13 May 2011). France - Wikipedia, the Free Encyclopedia. Retrieved from: https://en.wikipedia.org/wiki/France
Sunday, October 20, 2019
Auschwitz Facts
Auschwitz Facts Auschwitz, the largest and deadliest camp in the Nazi concentration and death camp system, was located in and around the small town of Oswiecim, Poland (37 miles west of Krakow).à The complex consisted of three large camps and 45 smaller sub-camps.à The Main Camp, also known as Auschwitz I, was established in April 1940 and was primarily used to house prisoners who were forced laborers.à Auschwitz-Birkenau, also known as Auschwitz II, was located less than two miles away.à It was established in October 1941 and was used as both a concentration and death camp.à Buna-Monowitz, also known as Auschwitz III and ââ¬Å"Buna,â⬠was established in October 1942.à Its purpose was to house laborers for neighboring industrial facilities.à In total, it is estimated that 1.1 million of the 1.3 million individuals deported to Auschwitz were killed.à The Soviet Army liberated the Auschwitz complex on January 27, 1945. Auschwitz I ââ¬â Main Camp The initial environs where the camp was created had formerly been a Polish army barracks.The first prisoners were primarily Germans, transferred from the Sachsenhausen Camp (near Berlin) and Polish political prisoners transferred from Dachau and Tarnow.Auschwitz I had a single gas chamber and crematorium; however, it was not heavily utilized.à After Auschwitz-Birkenau became operational, the facility was turned into a bomb shelter for Nazi officials who were located in offices in the vicinity.At its peak, Auschwitz I contained over 18,000 prisoners ââ¬â mostly men.Prisoners in all of the Auschwitz camps were forced to wear striped attire and have their heads shaved.à The latter was presumably for sanitation but also served the purpose of dehumanizing the victims.à As the Eastern Front came closer, the striped uniforms often fell by the wayside and other attire was substituted.All of the Auschwitz camps implemented a tattoo system for prisoners who remained in the camp syste m.à This differed from other camps which often required the number on the uniform only. Block 10 was known as the ââ¬Å"Krankenbauâ⬠or hospital barrack.à It had blacked out windows on the first floor to hide evidence of medical experiments that were being performed on prisoners within the building by doctors such as Josef Mengele and Carl Clauberg.Block 11 was the camp prison.à The basement contained the first experimental gas chamber, which was tested on Soviet prisoners of war.à Between Blocks 10 and 11, a closed courtyard contained an execution wall (the ââ¬Å"Black Wallâ⬠), where prisoners were shot.The infamous ââ¬Å"Arbeit Macht Freiâ⬠(ââ¬Å"Work Shall Set You Freeâ⬠) gate stands at the entrance of Auschwitz I.Camp Commandant Rudolf Hoess was hanged just outside Auschwitz I on April 16, 1947. Auschwitz II Auschwitz Birkenau Built in an open, swampy field less than two miles from Auschwitz I and across the main set of railroad tracks.Construction on the camp initially began in October 1941 with the initial intended purpose of being a camp for 125,000 prisoners of war.Birkenau had approximately 1.1 million people pass through its gates during its nearly three-year existence.When individuals arrived in Auschwitz-Birkenau, they were forced to undergo a Selektion, or sorting process, in which healthy adult persons who were desired for work were permitted to live while the remaining elderly, children and ill people were taken directly to the gas chambers.90% of all individuals who entered Birkenau perished ââ¬â an estimated 1 million people total.9 out of every 10 people killed in Birkenau were Jewish.Over 50,000 Polish prisoners died in Birkenau and nearly 20,000 Gypsies.Separate camps were established within Birkenau for Jews from Theresienstadt and Gypsies.à The former was established in the event of a Red Cross visit but was liquidated in July 1944 when it was evident that this visit would not occur. In May 1944, a train spur was built into the camp to aid with the processing of the Hungarian Jews.à Prior to this point, victims were unloaded at a rail station between Auschwitz I and Auschwitz II.Birkenau contained four, large, gas chambers, each of which could kill up to 6,000 individuals per day. These gas chambers were attached to crematoriums that would burn the masses of dead bodies. The gas chambers were disguised as shower facilities to deceive the victims in order to keep them calm and cooperative throughout the process.The gas chambers utilized pruissic acid, trade name ââ¬Å"Zyklon B.â⬠à This gas was commonly known as a pesticide in orchards and for prisoner clothing.A portion of the camp, ââ¬Å"F Lager,â⬠was a medical facility that was used for experiments as well as limited medical treatment of camp prisoners.à It was staffed by Jewish prisoner-doctors and staff, as well as Nazi medical staff.à The latter was primarily focused on experimentation.Pr isoners in the camp often named sections of the camp themselves.à For example, the warehousing portion of the camp was known as ââ¬Å"Kanada.â⬠à An area slated for camp expansion that was swampy and mosquito-ridden was called ââ¬Å"Mexico.â⬠An uprising occurred in Birkenau in October 1944.à Two of the crematoriums were destroyed during the uprising.à It was staged largely by members of Sonderkommando in Crematoriums 2 and 4.à (The Sonderkommando were groups of prisoners, mainly Jewish, who were forced to staff the gas chambers and crematoriums.à They received better food and treatment in return, but the gruesome, heartbreaking work caused them to have a four-month turnover rate, on average, before meeting the same fate as the victims they processed.) Auschwitz III Buna-Monowitz Located several miles from the main complex, Auschwitz III bordered the town of Monowice, home of the Buna synthetic rubber works.The initial purpose for the campââ¬â¢s establishment in October 1942 was to house laborers who were leased out to the rubber works.à Much of its initial construction was funded by IG Farben, a company that benefited from this slave labor.Also contained a special Labor Education Department to reeducate non-Jewish prisoners who did not follow camp structure and policy.Monowitz, like Auschwitz I and Birkenau, was surrounded by electrified barbed wire.Elie Wiesel spent time in this camp after being processed through Birkenau with his father. The Auschwitz complex was the most notorious in the Nazi camp system.à Today, it is a museum and educational center that hosts over 1 million visitors annually.
Saturday, October 19, 2019
The case of injury at the workplace Essay Example | Topics and Well Written Essays - 1250 words
The case of injury at the workplace - Essay Example The case of injury at the workplace The plaintiff appealed the decision to the court. BWC filed a motion to dismiss for lack of jurisdiction. The court ruled in favor of BWC holding that Plaintiff had not exhausted administrative remedies and dismissed the appeal. Subsequently, the plaintiff moved to the Tenth District Court of Appeals which upheld the decision of the trial court. The plaintiff did not stop there but made a second Workersââ¬â¢ Compensation claim application with BWC. This second application was administratively rejected by BWC and Industrial Commission at all levels. The plaintiff then appealed BWCââ¬â¢s decision to the court. At that point, the BWC (hereby called the defendant) made the motion to dismiss or in alternative for summary judgment (the subject to the present appeal) on grounds that decision of the defendant denying the applicantââ¬â¢s first application acted as a bar for his making the second application, under the doctrine of res Judicata. Therefore, the main issue in the applica tion was whether the second workerââ¬â¢s compensation application by the plaintiff can be heard de novo by BWC or it was barred under the doctrine of res Judicata. The court found that the second application should have been heard de novo by the defendant. The reasoning of the court was that the original workerââ¬â¢s compensation claim was not heard on merit but was dismissed on procedural technicalities and, therefore, the doctrine of res Judicata did not apply. ... This second application was administratively rejected by BWC and Industrial Commission at all levels. The plaintiff then appealed BWCââ¬â¢s decision to the court. At that point, the BWC (hereby called the defendant) made the motion to dismiss or in alternative for summary judgment (the subject to the present appeal) on grounds that decision of the defendant denying the applicantââ¬â¢s first application acted as a bar for his making the second application, under the doctrine of res Judicata. Therefore, the main issue in the application was whether the second workerââ¬â¢s compensation application by the plaintiff can be heard de novo by BWC or it was barred under the doctrine of res Judicata. The court found that the second application should have been heard de novo by the defendant. The reasoning of the court was that the original workerââ¬â¢s compensation claim was not heard on merit but was dismissed on procedural technicalities and, therefore, the doctrine of res Judica ta did not apply. The court relied on a decision of the Tenth District Court of Appeals in Greene v Conrad (10th Dist., 1997) where the court held that BWC had denied the application on procedural ground, and which did not constitute adjudication of the dispute on its merits and, therefore, the doctrine of res Judicata could not apply. Therefore, the court dismissed the defendantââ¬â¢s motion to dismiss and remanded back the matter to BWC for proceedings. The trial court found that the original workerââ¬â¢s compensation claim application was filed by another person other than the plaintiff with BWC without the knowledge of the plaintiff and therefore, the claim cannot be held to have been adjudicated on merit since he was not pricy as a party. Present Appeal
Friday, October 18, 2019
Social Science Research Coursework Example | Topics and Well Written Essays - 1250 words - 1
Social Science Research - Coursework Example The drivers causing frustration (ââ¬Å"frustratorâ⬠) wore a plaid sport jacket and white shirt while driving the high status car (hardtop), and an old khaki jacket while driving the low status car (old station wagon and old sedan). At the end of each trial, the subjects were observed whether they had honked once, twice, or not at all. Latency of each honk and estimated length were recorded and double checked against tape recordings. Manipulation checks were not used for the independent variable since there was no chance for the subjects and the researchers to interact. However, there was a questionnaire experiment conducted to verify the results between actual and predicted behavior. The results showed that the behavior reported in the questionnaire reflected what was observed in the field. The study employed probability sampling or representative samples. Subjects were selected to be representative of the population. Specifically, random sampling was utilized. This means that each driver in the population of interest has an equal likelihood of selection. There were 82 drivers observed. They are motorists taking some intersections in California. External validity is very well manipulated since the subjects are chosen and observed in real life settings. Among the 82 subjects, 26 were women and 56 were men. Their sex and estimated age were also noted. In addition, the year, make and model of each subjectââ¬â¢s car were monitored. The experiment was conducted in six intersections in Palo Alto and Menio Park, California. A luxury car (1996 Chrysler Crown Imperial hardtop) was used as the high status car. Two low status cars ( a rusty 1954 Ford station wagon and an unobtrusive gray Rambler sedan) were alternately utilized. The driver of the experimental car was instructed to arrive at an intersection just as the traffic light was turning red. If at least one other car had come to a stop behind the experimental car when the
The Impact of Global Financial Crisis on the UK Consumer Buying Dissertation
The Impact of Global Financial Crisis on the UK Consumer Buying Behaviour - Dissertation Example Analysis 41 4.2.1.Demographic Findings 41 4.2.2.Descriptive Findings 45 4.2.3.Frequencies of Responses 48 4.2.4.Cross Tabulation of Responses with Respondentsââ¬â¢ Income 59 4.3.Regression Results 63 4.4.Chapter Summary 66 Chapter 5: Interpretation of Research Results 67 5.1.Introduction 67 5.2.Interpretation of Results 67 5.3.Thematic Analysis of Interview Responses 67 5.4.Chapter Summary 71 Chapter 6: Conclusion and Recommendations 72 6.1.Conclusion 72 6.2.Recommendations 72 List of References 74 List of Figures Figure 1: Theoretical Framework 18 Figure 2: Risk Attitude and Risk Perception 25 Figure 3: Demographic Findings ââ¬â Age Group 42 Figure 4: Demographic Findings ââ¬â Gender 43 Figure 5: Demographic Findings ââ¬â Marital Status 44 Figure 6: Demographic Findings ââ¬â Occupation 44 Figure 7: Demographic Findings ââ¬â Income 45 Figure 8: Regression Findings ââ¬â Consumption Behaviour vs Psychological Factors 64 Figure 9: Regression Findings ââ¬â Consumption Behaviour vs Situational Factors 65 Figure 10: Regression Findings ââ¬â Consumption Behaviour vs Marketing Mix Factors 65 List of Tables Table 1: Risk Attitude and Risk Perception 24 Table 2: New Trends in Consumption Behaviour 27 Table 3: Impact of Financial Crisis on Consumption Behaviour 29 Table 4: Survey Questionnaire Statements 37 Table 5: Interview Questions 38 Table 6: Demographic Findings ââ¬â Age Group 42 Table 7: Demographic Findings ââ¬â Gender 42 Table 8: Demographic Findings ââ¬â Marital Status 43 Table 9: Demographic Findings ââ¬â Occupation 44 Table 10: Demographic Findings ââ¬â Income 45 Table 11: Descriptive Findings ââ¬â Psychological Factors 46 Table 12: Descriptive Findings ââ¬â Situational Factors 47 Table 13: Descriptive Findings ââ¬â Marketing Mix Factors 47 Table 14: Descriptive Findings ââ¬â Consumption Behaviour 48 Table 15: Cross Tabulation ââ¬â Respondentsââ¬â¢ Income vs Responses Against Stateme nts 63 Table 16: Regression Findings 64 Table 17: Thematic Analysis 68 Abstract The researcher of this study aims at investigating how the recent financial crisis of 2008 influenced buying behaviour consumers in the United Kingdom. In this regard, the researcher has decided to adopt a mixed approach which covers both qualitative and quantitative aspects of the research. By opting for a mixed approach, the researcher is able to address the limitations associated with each of the two approaches. The research work has concluded that there is a significant impact of various factors, such as psychological factors, personal factors, social factors, situational factors and marketing mix on the development of consumption behaviour. Moreover, the impact of financial crisis has
Thursday, October 17, 2019
Phase 1 Individual Project Essay Example | Topics and Well Written Essays - 750 words
Phase 1 Individual Project - Essay Example On further appeal, the United States Supreme Court held the decision of the court of appeal and observed that an exculpatory evidence interrupts the due process of the law where the evidence in question can provide substantial ground to rule on the guilt or punishment of an offender (Batten, 2011). From this case, exculpatory evidence is evidence that can prove the innocence of a defendant. This evidence can include physical evidences that challenge the prosecution witnesses or statement of witnesses that can prove the innocence or affect the punishment of the defendant. They can include evidence that gives the prosecution an opportunity to challenge the credibility of a prosecution witness such as an act of dishonesty by a witness in matters pertaining to the administration of justice in the particular case. From the case, it is evident that the prosecution has a duty to disclose all evidence it has in its possession to the defendant and it has no obligation to search for exculpatory evidence. The United States Supreme concurs with this statement and argues that by following this process, the prosecutor follows the constitution and fulfills his/her duties of seeking justice. However, Justice Harlan gave a dissenting opinion arguing that the due process of administration of justice should follow into the guilt phase because it was the responsibility of the jury to decide whether the defendant is guilty and administer punishment in the State of Maryland on issues pertaining to first degree murder. The rationale of the decision by the supreme court concerning this issue was on the fact that it is unfair to mistreat the accused in the promise of administering justice and this is for the benefit of the society, and therefore it is unacceptable for a prosecutor to act as an architect of a proceeding that fails to uphold fair administration of justice (Cushman, 1994). In the case of
CG Case Study Example | Topics and Well Written Essays - 500 words
CG - Case Study Example counting; not permitting enough freedom to the board of directors and sharing responsibility; and common deficiency of shareholdersââ¬â¢ interests in the corporate governance ( Abrami et al. 3). Historical old practices of governance are responsible for adhering to different corporate mechanism based on two-tiered approach in most of the Chinese state-owned enterprises (SOEs). It is the sole reason of differences existing in Chinese publicly traded companies with that of the US or UK companies. Actually, the Chinese corporate structure has been historically impacted by its economic mechanism. In China, most of the large businesses were under state control. Managers in the past had been answerable to both the government policy initiatives and the business aims. The government had been the major stakeholder, therefore, its claim to fulfil its objectives were relevant and reasonable. Powers were also implicit in a firmââ¬â¢s Communist Party Committee, for making decisions in specific fields of governance, such as strategic planning (Abrami et al. 2-3). Change in the Chinese approach to managing listed companies happened later in 1990 in its attempt to practice globally agreed parameters of managing corporations. Thus, these differences existed till 1990 when the Chinese government started two stock exchanges in Shanghai and Shenzhen. These attempts were made to transform the procedures of corporate governance. Those companies, desiring to become listed companies were supposed to fulfil basic governance and securities law (Abrami et al. 2). Procedures smoothened with the formulation of the Chinese Securities Regulatory Commission (CSRC), which observed the functioning of these two exchanges and released a list of solid regulations. The primary job of CSRC is to ââ¬Å"supervise the behaviour of listed companies and their shareholders who are liable for relevant information disclosures in securities marketsâ⬠(Abrami et al. 2). In the past, there was no practice of
Wednesday, October 16, 2019
Phase 1 Individual Project Essay Example | Topics and Well Written Essays - 750 words
Phase 1 Individual Project - Essay Example On further appeal, the United States Supreme Court held the decision of the court of appeal and observed that an exculpatory evidence interrupts the due process of the law where the evidence in question can provide substantial ground to rule on the guilt or punishment of an offender (Batten, 2011). From this case, exculpatory evidence is evidence that can prove the innocence of a defendant. This evidence can include physical evidences that challenge the prosecution witnesses or statement of witnesses that can prove the innocence or affect the punishment of the defendant. They can include evidence that gives the prosecution an opportunity to challenge the credibility of a prosecution witness such as an act of dishonesty by a witness in matters pertaining to the administration of justice in the particular case. From the case, it is evident that the prosecution has a duty to disclose all evidence it has in its possession to the defendant and it has no obligation to search for exculpatory evidence. The United States Supreme concurs with this statement and argues that by following this process, the prosecutor follows the constitution and fulfills his/her duties of seeking justice. However, Justice Harlan gave a dissenting opinion arguing that the due process of administration of justice should follow into the guilt phase because it was the responsibility of the jury to decide whether the defendant is guilty and administer punishment in the State of Maryland on issues pertaining to first degree murder. The rationale of the decision by the supreme court concerning this issue was on the fact that it is unfair to mistreat the accused in the promise of administering justice and this is for the benefit of the society, and therefore it is unacceptable for a prosecutor to act as an architect of a proceeding that fails to uphold fair administration of justice (Cushman, 1994). In the case of
Tuesday, October 15, 2019
Business Policy and Strategy essay question Assignment
Business Policy and Strategy essay question - Assignment Example Answer: Byte executives should tell all future stakeholders that the plant would run for a three years period only. The purpose behind such a straight and truthful approach is to create a feeling of loyalty among the community members that the company has a clean slate and is not trying to hide truth. It should be left on the prospective employees to adjust their job routine for the next three years only in Plainville. If not all, many would appreciate the companyââ¬â¢s truthfulness and transparency in revealing its intentions. This may also offer enough time to the prospective employees to plan their career accordingly and use their work experience in Plainville plant of Byte for their future growth, making them available for job offers by competitive companies thereafter. Answer: Although Plainville is a small town but it is an industrial town as well where jobs should be in plenty. Prospective candidates for taking jobs at Byte would be only those who value working in the leading company, producing electronic parts, used in personal computers. After spending three years at Byte Products, Inc. Future job opportunities would be relatively lucrative. As there is no legal hurdle in starting a temporary plant at Plainville, corporate responsibility can be fulfilled by offering bonuses to all the employees or giving them some percentage of the profits earned for the market risks covered from competitors, not succeeding in taking away orders of Byte. Future is always full of opportunities and possibilities. An industrial town like Plainville would take care of the supply side of the employment possibilities. When nothing is kept hidden, scope of anguish remains low. After all, it is private sector and the market is becoming increasingly competitive. Answer. In my opinion, the present impasse is based on the future negative outcomes. Assumptions of Williams that for staff strength of 1,200, at least 4,000 people will need to shift after
Monday, October 14, 2019
International Student Essay Example for Free
International Student Essay Nowadays , Education play an important role in our life . However , there are some countries which have poor education , poor teaching and learning strategies . Actually , Those students will go to higher education institutions country . It calls ââ¬Ëââ¬â¢ International Students ââ¬Ëââ¬â¢ . More importantly , United Kingdom is the most famous about education . The term ââ¬Ëââ¬â¢ international students ââ¬Ëââ¬â¢ is taken here to mean those students who have been educated in a national education system outside the UK and who on the whole are likely to be non-native speakers of English . There is a real story in the UK ââ¬Ëââ¬â¢ Nicos Storyââ¬â¢Ã¢â¬â¢ http://www.economicsnetwork. ac. uk/showcase/bamford_international Nicos was a postgraduate student at the Business School. He was diligent and conscientious and achieved good marks on his MA programme. He was expected to gain an overall distinction grade. He had excellent English language skills. An excerpt from Nicos email: I really wanted to finish my dissertation by September so that I would not have to go back to London again, but I broke down, I suddenly felt that I could not do it. I was going crazy and could not write a word anymore. I would stand in front of the computer for hours just writing a paragraph. So on Sunday I left and came to Greece. Today I went to the airport for the flight back, so that I could see you in the morning but as soon as I had to leave my parents and go to the boarding gate, I freezed and panicked. I could not picture myself alone again in the same places for even an hour. The last few days I have started feeling a human being again. I can talk with people and they are people who care about me, I go out with friends for coffee and I want to cry. The first morning I woke up, I started crying because my mother had washed my bag, someone had done something for me. Common diffiuculties for International students. According to this story , there are clearly challenges for international students studying at higher education institutions in the UK . As University City London adds that major problems for International students They go on to say that culture shock . ââ¬Ëââ¬â¢ As well as having to cope with a new institution and educational environment, international students are having to adjust to a different national culture with often unfamiliar social customs and conventions. They may become very homesick. Where English is not the first language, having to converse with strangers all the time in a foreign language is a strain. Some women students come from cultures where they have had a sheltered life and spent little time on their own or in the company of males outside their family. They may be vulnerable in certain social situations or upset by conventions that they do not understand ââ¬Ëââ¬â¢. Secondly , ââ¬Ëââ¬â¢ Students for whom English is a second language may struggle with their courses, International students are often under considerable pressure to succeed academically and their expectations of themselves may be unrealistic. The transition to a different educational system and new approaches to study is often more challenging than to home students. For example, students from abroad are sometimes unaccustomed to active learning situations, such as participating in discussion and working on a team project. They may have had a much more formal relationship with their teachers and thus be less inclined than home students to seek help from their personal tutors ââ¬Ëââ¬â¢ Thirdly, ââ¬Ëââ¬â¢ The number of students experiencing financial difficulties has increased significantly in recent years and is likely to continue doing so. Some students are more or less permanently hard up; others create short-term difficulties for themselves by managing their money badly . It is expensive to come to university ââ¬Ëââ¬â¢. More exactly , According to J. K Bamford ( 2008 ) ,ââ¬â¢Ã¢â¬â¢ The first of the these challenges concerns English language ability, or rather consideration of the fact that many international students are non-native speakers of English. This has two aspects to it. Firstly, there is a minimum language requirement for entry for all overseas students and secondly, even if students have more than met this entry requirement they may not be familiar with technical terminology for a specialist subject area. For some students who have only just met the criterion for language, studying in English particularly at Masters level can prove onerous and stressful. In this case study this aspect of language ability , that is those students who had just met the language entry requirement, covered half of the students and the levels of independent study required at a very early stage of the course caused a lot of stress. Secondly, there are those that are confident in their language ability and who feel that language support classes do not meet their needs as the classes are too generic and what they are seeking is further explanation of specialised terminology, little time is spent in addressing the more specialist support required by these students. As a consequence, there is frustration expressed by these students as lecturers can mistake their lack of knowledge regarding technical or even political or cultural terminology as the students having difficulties with language, which is not the case. In addition the students have different levels of English, which can hinder the educational experience of the whole group. One student commented in a focus group that there are some people who come from different backgrounds I dont know enough about how people are taught in China but we have different levels of English and different backgrounds some people just receive and not give. Not speaking up in class can also make it difficult for tutors to gain a clear picture of the levels of English language ability and the understanding of the students. ââ¬â¢Ã¢â¬â¢ The second issue is that of the social and cultural adjustments of the students. Volet and Ang (1998) comment that tertiary institutions have a social responsibility to design learningà environments which foster students developments on intercultural adaptability (1998:21) While students did not feel that a lack of social and cultural knowledge of the UK had affected their ability to study, there was a feeling that lecturers should incorporate the knowledge of the students native cultures into their class discussion as this could benefit everyone. Class contribution can also be a traumatic experience but this can be facilitated by tutors who make the students feel more comfortable in discussing subjects with other students that they dont know. The importance of class interaction for overseas students is reinforced by Jackson (2003) who comments on the necessity for building a considerable rapport with the group. This rapport is seen as one of the most effective learning and teaching techniques for overseas students. As De Vita (2001) observes, different discourse styles create tensions that affect a students performance. Groupwork may also be an issue and the cultural diversity of groups requires students to use intercultural skills which require training. Understanding the International Student Experience. Moreover , Catherine Montgomery ( 2010 )has written a clear, small study of international students at one UK university, how they network and how they change. Its value lies in the depth of insight into student thinking. She has not drawn her conclusions from a one-off survey, which is the main research tool used to study international students. In surveys of students from non-English-speaking backgrounds, the prior assumptions of the researcher define the issues and pre-set the potential for discovery, the voices of the students are muted and anything different or unexpected is screened out in advance. In contrast, after a tour through part of the literature, Montgomery uses participant observation of the daily lives of seven networked students from China, India, Nepal, Indonesia, Italy and the Netherlands over a period of six months. The resulting picture challenges conventional thinking about international students. International students are often typecast as slow learners with poor English, limited class-participation skills, inability to think critically and a dodgy approach to referencing. In short, they are in learning deficit if not social deficit. It is no wonder they are studying abroad, goes the thinking, because their home systems are of a poor standard. They badly need our help. Montgomery turns all of this on its head. Her students are mature, curious and quick to respond and to learn. They are high achievers and a couple are truly exceptional within their milieu. After an initial period of academic adjustment, they learn to intervene and they power past the locals. They are conspicuously better motivated, focused and more aware of the benefits of higher education. These students are studying in an English-speaking country not because its culture is intrinsically superior but because English is the global language of business, professions and knowledge. They do not need to abandon the educational backgrounds and cultural identities that they brought to the UK, but they are eager to layer new learning and new identities on top. The effects of being a foreign student ââ¬Ëââ¬â¢ Usually becoming a foreign student in order to study in another city can change your life in many aspects. Living in a city far away from home can bring many consequences and effects which almost always change a studentââ¬â¢s form of life. When I became a foreign student, many things changed or had to change. You do not live with your family, so usually you have to learn how to live in harmony with others, how to do things by yourself, how to move to other places, etc. Being a foreign makes you learn a lot of things, but at the beginning it can be somewhat difficult, as it happened to me. That is why the purpose of this paper is to discuss the three main effects of being a foreign student. The main effect and the one that affects you most is the fact that you do not live with your parents and in your house, which means that you will not enjoy its commodities. It was so good when your mom cooked for you, and when the house maid used to make your bed. Your dad took you to school, and when classes finished, you returned to your room and made yourself completely comfortable. But becoming a foreign student implies that you will live in a dormitory or that you will rent an apartment . Usually you have to take care of dirty dishes, messy rooms, and cooking. This means you have to learn many new things, like how to cook several dishes. In a few words, you have to learn how to be independent. Another effect is that you have to find your way around the city, so you have to know the main parts of the city. If you have a car, it may be easier to explore the city. You can just get lost and see where each street takes you, and then find a way back home. But if you donââ¬â¢t have a car, you need to learn how to get around by walking, in buses, or with taxis. For this you may find out about bus routes or find out how much costs to use taxis, and in this way you can plan the time it will take you to get from your house to school, for example. This will force you to plan your time better, and maybe you will have less available time along the day. This may decrease the time you have to make homework or to hang out with your friends, for example. But over time, you learn how to plan your activities in a better way. A foreign student may also find himself feeling somewhat lonely, since arriving in a new city means you donââ¬â¢t know anyone. You may be lucky if another friend from your city comes with, but usually you are alone. It is important to start meeting people and making friends. In this way it will be much easier to get used to being a foreign student. You will have new people with who to hang with, with whom to go to parties. Besides you wonââ¬â¢t have to be quiet all the time in classes like when you donââ¬â¢t know someone. Sometimes friends can also help you in a lot of situations, like when you have problems about running out of money, when you need to go to your house quickly but you donââ¬â¢t have a car, or when you need to get something that is not easily found. But most of all, with friends you can have a great time and learn a lot of things. Leaving your house and going to another city to study is an experience in your life that cannot be compared to any other experience in your life. You learn how to be independent, and you get to meet tons of people. It may be somewhat difficult to live without your parents and in another city, but this makes you learn how to live your life better and how to appreciate what you have, like your parents and your belongings. Besides, you get to appreciate the things you achieve during your life because you learn that your goals are not achieved easily, but that they cost a lot of work and effort. In conclusion, being a foreign student is great! ââ¬Ëââ¬â¢
Sunday, October 13, 2019
Settlers Effect On The Plains Indians History Essay
Settlers Effect On The Plains Indians History Essay The new railroads in the West occasioned by the Civil War opened up the area to economic development and new settlers. American settlers from the East entered via the Mississippi to ranch farm and mine. Native American settlers also poured from Deep South after being convinced that prosperity was only found in the West. Chinese workers constructing the railroads worsened diversity of the population in this region. The Great Plains underwent transformation because of settlers from the east. Farmers cultivated wheat and other crops on their lands and wiped out herds of American bison. The industry of cattle blossomed as the railroads provided a means of transport to market the cattle (Josephy 32). The lives of African-Americans residing in the west were drastically affected by the increase in white settlement and disappearing of bison. Civil conflicts led to occasional victories by the American Indians despite great US military force and the large number of white settlers. By mid 1980s, over 50% of American Indians had been pushed into reservation areas that least appealed to the white settlers. Because of the civil war, there was a huge traffic of people entering the West Mississippi. These people originated from Midwest and East as well as Asia and Europe. Millions of people had been lured by the promise of riches from gold mines, cheap lands and the imagination of a better living style. The new railroads offered a new means of transportation for the settlers while some of them sailed in order to arrive to the west coast. They settled on the Great Basin, Great Plains, and South West, enduring disillusionment, danger, and hardship. By 20th Century, the white settlers had acquired new homesteads, industries, and communities. Some of them became greatly successful although most of the settlers did not succeed in achieving the wealth they desired (Trigger and Wilcomb 22). Since the arrival of the white settlers, there was a misunderstanding between them and the Indians. For example, non-Indians did not recognize the religious practices of the native tribes, which include worshiping of animal and plant spirits. In addition, the Plain Indians believed in a complicated system of Kinship based on extended families: the settlers could not comprehend this. Such cultural differences made the white settlers view native people as barriers too civilization (Smith and Allen 47). As the Americans organized new states and territories in the West, it gave a clear indication that Native Americans were prohibited from roaming over the land occupied by non-natives. The US policy aimed at establishing small pieces of land for different tribes and motivated them to practice agriculture. While some tribes peacefully settled on the reservations, most of them were resistant and did not give up their way of life and their lands (Philip 18). Losing the bison on the Great Plains was a huge threat to the survival of Indians than the battle with the US army. The American Indians relied on the bison as a source of fuel, shelter, clothing, and food. Although the destruction of the bison was not under the federal policy, the practice was approved by army commanders as a way of destroying key aspects of the Indian life. Besides, hunters were hired along the railroads killing wildlife animals whilst providing food to the workers of the transcontinental lines. After the completion of the railroads, the settlers used chartered cars to shoot the bison. As of 1975, they had killed millions of bison, which provided material for hides in the East. After a decade, the bison species became extinct. This situation was worsened because they had abandoned their nomadic lifestyle. As a result, the Indians had no option but to accept living on the reservations (McNickle 52). The system of reserving Indians on small pieces of land did not succeed. Most of the families were reserved on marginal lands that made it impossible for them to develop farming practices that could sustain them. The government could not fulfill its promise of supplying them with food and other needs. This made the government abandon its hard held policy of viewing the tribes as sovereign states. The purpose of the new land was to promote farming among the native tribes through breaking the reservations (American Journey 547). The policy allowed the land to be distributed per each household. After the distribution, citizenship and title of ownership was given to each owner. However, this was not done to all the members of the native tribes. The reserved land that had not been allocated to the native Americans were sold to interested people. Although this was a humanitarian reform, the US policy did not recognize the communal lifestyle of Native Americans: this led to the loss of mill ions of acres of land belonging to the Indians (Smith and Allen 39). The Plains Indian tribes were desperate and had an urge to restore their past; they were attracted to the Ghost Dance: a religious group. This movement had promised them that it would protect them from the white settlers, and the bullets of the American soldiers. It had also promised to bring the herds of Bison back. Efforts of reviving cultural practices of the Native Americans raised concerns among the US army and the settlers. This is because they were worried that it would increase the Indian resistance. When the US army failed to ban the Ghost Dance Movement, they adopted methods that are more aggressive. As of 1980, the US military had killed over 300 children, women, and men. This led a confrontation that marked of Plains Indian resistance (Trigger and Wilcomb 30). In the beginning of 19th Century, the American government decided that it would use treaties to solve the conflict between non-Indian settlers and the Plains Indian tribes. These treaties were meant to restrict the Native American tribes from moving to certain regions. Later, the federal government established a permanent frontier where displaced eastern tribes could live. In 1854, the US government reserved a vast region for the settlers (McNickle 72). Plains Indians were reserved and pressurized to embrace change. They deployed new resistant strategies but did not succeed. The Great Plains underwent transformation because of settlers from the east. Farmers cultivated wheat and other crops on their lands and wiped out herds of American bison. The cattle industry blossomed because the railroads provided a means of transport to market the cattle. However, they have demonstrated their skills in adapting to change and hardship while using the most available opportunity. They have worked for wages, traded, hunted, protested, lobbied, prayed, danced, made war, ranched and farmed. Using their adaptive approaches, the Plains Indians have maintained themselves as unique population despite the challenges (Smith and Allen 20). Work Cited Josephy, Alvin. America in 1492: The World of the Indian People before the Arrival of Columbus. New York: Alfred A. Knopf 2002. History Reference Center. McNickle, DArcy. Native American Tribalism: Indian Survivals and Renewals. London: Oxford University Press, 2003 JSTOR. Philip, Kenneth. John Colliers Crusade for Indian Reform, 1920à ¢Ã ¢Ã¢â¬Å¡Ã ¬1954. Tucson: University of Arizona Press, 2007 Print. Smith, Paul, and Allen Robert. Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee. 2006 New York Times Historical Database. Trigger, Bruce and Wilcomb Washburn, eds. The Cambridge History of the Native Peoples of the Americas. Cambridge: Cambridge University Press, 2006 Print. The American Journey. Upper Saddle River: Pearson, 2011. Print.
Saturday, October 12, 2019
Two Autonomous Women in American Literature Essay -- social issues, wo
In American history, women have not always had the same rights and opportunities of men. Yet, there were exceptions throughout history of women casting aside the general role of just a mother or housewife. Two fictitious examples occur in the book The Awakening by Kate Chopin, and the play Macbeth by William Shakespeare. In The Awakening, Edna, the protagonist of the story, undergoes a realization that her nineteenth-century lifestyle is not the way she wants to live. She rebels against being treated like a piece of property and tries to break free of societies laws. Macbeth tells the story of a man named Macbeth and his wife Lady Macbeth who desires to become queen. Lady Macbeth is the one who told him to kill the current king Duncan to become king himself. Both Edna and Lady Macbeth portray examples of women with autonomy, but the one who displays the characteristics of autonomy the best is Edna. Edna is more autonomous than Lady Macbeth, who only influences rather than displ ay her own independence, because she takes a stand against society, which is the ultimate act of independence. Lady Macbeth is inarguably a very strong, powerful woman with a lot of control, especially at the beginning of the play. This quote explains the extent of her control over her husband, ââ¬Å"Lady Macbeth appears to be somehow in league with evil and Macbeth its victim, a fly in the spiderââ¬â¢s web who struggles mightily but cannot escapeâ⬠(Johnson). She manipulates her husband to get him to do what she wants. When she learns of his destiny to become king, she canââ¬â¢t just let him sit around waiting on it to happen; she knows he has to act. She tells Macbeth he has to kill king Duncan and overrides his objections. Lady Macbeth tries to commit the mu... ...to live, has more autonomy than Lady Macbeth who could only persuade. Both of these women are extremely strong and independent, which makes it very difficult to decide between them. In the end though, Edna is the more autonomous because she held her beliefs until the very end. Lady Macbeth let her ideas get the better of her and felt the guilt of these ideas. So in conclusion, Edna is the more autonomous woman out of the two. Both women were strong and brave for being different in a time when being different was not acceptable. Works Cited Chopin, Kate. The Awakening. New York: Dover Publications, 1993. Print. Dominic, Catherine C. ed. Shakespeareââ¬â¢s Characters for Students. Detroit: 1997. Print. Johnson, Vernon Elso. ed. Social Issues in Literature. Detroit: Greenhaven Press, 2009. Shakespeare, William. Macbeth. Logan, IA: Perfection Learning, 2004. Print.
Friday, October 11, 2019
Drug Pricing and Competition Issues in India Through Dpco and Cdcso Activites
Introduction Drug pricing is a complex phenomena. Different countries have different methodologies of pricing such as Germany has reference based pring. Canada has system of fixing pricing of patented drugs. India fix the prices of prescription drugs on the basis of cost of the drug. Cost is the main phemomena iin the pricing policies of the drugs. Pricing is important aspect of competition law also. But competition commission is not a price control agency. However price based anti-competitive practices are important area in competition law. DRUG REGULATORY REGIME IN INDIA Indian drug regulatory regime is devided in two branches.Drug standards and marketing is dealt by CDCSO and drug pricing is controlled by NPPA. The CDSCO prescribes standards and measures for ensuring the safety, efficacy and quality of drugs, cosmetics, diagnostics and devices in the country; regulates the market authorization of new drugs and clinical trials standards; supervises drug imports and approves licence s to manufacture the drugs. The process for drug approval entails the coordination of different departments, in addition to the DCGI, depending on whether the application in question is for a biological drug or one based on recombinant DNA technology.The issues relating to patent are dealt by Department of Industrial Policy and Promotion. The Drugs Controller General of India (DCGI), who heads the Central Drugs Standards Control Organization (CDSCO), assumes responsibility for the amendments to the Acts and Rules. Other major related Acts and Rules include the Pharmacy Act of 1948, The Drugs and Magic Remedies Act of 1954 and Drug Prices Control Order (DPCO) 1995 and various other policies instituted by the Department of Chemicals and Petrochemicals. PRICING REGULATION IN INDIA The drug prices are regulated under Essential Commodities Act 1955.It is administered by Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers. The prices of drugs are fixed under the Section 3 of Essential Commodities Act 1955. National list of essential medicines is prepared under this Act. The prices are controlled according to Drug Price Order 1995. It employs Cost Based formula of drug pricing. In India Drug manufacturing, standards and marketing is done under Drug and Cosmetics Act 1940. There are Drug and cosmetics rule 1945 to assist and provide procedure for the assisiting the Act. NPPA has been reguaslting the drug pricing since 1997.It fixes the prices of essential drugs. The list of essential medicines is updated at regular intervals. As mentioned earlier, pricing policy and industry regulation constitutes one of the key responsibilities of the NPPA. Price control on medicines was first introduced in India in 1962 and has subsequently persisted through the Drug Price Control Order (DPCO). As per the directive of NPPA, the criterion for price regulation is based on the nature of the drug in terms of whether it enjoys mass consumption and in terms o f whether there is lack of adequate competition for the drug.The year 1978 witnessed selective price controls based on disease burden and prevalence. The list of prices under DPCO subsequently witnessed a gradual decrease over a period of time. Around 80% of the market, with 342 drugs, was under price control in 1979. The number of drugs under DPCO decreased from 142 drugs in 1987 to 74 in 1995. Drugs with high sales and a market share of more than 50% are subjected to price regulation. These drugs are referred to as scheduled drugs. The NPPA also regulates the prices of bulk drugs. The MRP excise on medicines was levied by the Finance ministry in 2005.The objective was to increase revenue and lower prices of medicines by using fiscal deterrent on MRP. This change may have had some impact in terms of magnifying the advantage to industries located in the excise free zones. This also succeeded in attracting some small pharmaceutical firms to these zones. (Gehl Sampath 2008, Srivastava 2008). General objective and scope of price regulation in India the general objective of price regulation India is to regulate the equitable distribution and increasing supply of bulk drugs and formulations in india and making it available in india. Consequences of excessive pricingImpact of price regualation on indian drug pricing Coverage of drugs in India Prices of formulations based on scheduled bulk drugs are fixed in two ways: (i) based on applications of the manufacturers and (ii) on suo-motu basis. As per para 8 (2) of Drug (Prices Control) Order (DPCO), 1995, a manufacturer using scheduled bulk drug in his formulation is required to apply for fixation of price of formulation within 30 days of fixation of price of such bulk drug (s). Applications received in NPPA from manufacturers in Form III and importers in Form IV of DPCO are considered for price fixation.As per para 8(4), the time frame for granting price approval on formulation is 2 months from the date of receipt of the complete information from the company. 2. Pricing and Competition Issues 3. NPPA pricing methodology a. DPCO 1995 b. National Drug Pricing Policy 2002 c. National Drug Pricing Policy 2006 Director General (Investigation and Registration) Vs. Fulford India Ltd. Ishaan Labs (P) Ltd v Union of India Director General (Investigation And Registration) Vs. Parke Davis India Ltd. And Ors. MANU/MR/0039/2003, I(2004)CPJ15(MRTP) Director General (Investigation And Registration) Vs.Pfizer Ltd. MANU/MR/0008/1999 (2000)1complj405(MRTPC) Director-General (Investigation And Registration) Vs. Zandu Pharmaceutical Works Ltd. MANU/MR/0012/1994, [1994]81compcas377(NULL). Director General (Investigation And Registration) Vs Biddle Sawyer Ltd. On 11/7/2001 Director General (Investigation And Registration) Vs Infar (India) Limited On 24/8/1999 Director-General (I & R) Vs All India Organisation Of Chemists And Druggists And Ors. On 1/7/1996 Director-General (Investigation And Registration) Vs Indian Dr ugs Manufacturers Association And Anr.On 16/8/1991 Director-General (Investigation And Registration) Vs Indian Drugs Manufacturers Association And Anr. On 16/8/1991 1992 73 Compcas 663 NULL Mars Therapeutics & Chemicals Ltd. V. The Union Of India & Anr W. P. (C) 10277/2009 & Cm Appl 8853/2009 Ranbaxy Laboratories Limited V. Union Of India Union Of India & Anr. Vs. Cynamide India Ltd. & Anr. 1987 Air 1802, 1987 Scr (2) 841 4. Canadian Patented Medicine Prices Review Board Legal Framework Policies Guidelines and Procedures Submissions by Patentees on Level of Therapeutic Improvement Comparable Dosage Forms Therapeutic Class Comparison TestReasonable Relationship Test Median International Price Comparison Test Highest International Price Comparison Test International Therapeutic Class Comparison Test Application of Price Tests for New Drug Products CPI-Adjustment Methodology DIP Methodology Criteria for Commencing an Investigation ââ¬Å"Any Marketâ⬠Price Reviews Offset of Excess Revenues Updates to the Compendium of Policies, Guidelines and Procedures ICN Pharmaceuticals Inc. v. Canada (Patented Medicine Price Review Board) [1996] F. C. J. No. 1065 Shire Biochem Inc. v. Canada (Attorney General [2007] F. C. J. No. 1688 Conclusion
Thursday, October 10, 2019
Admissibility of FMRI
Functional magnetic resonance imaging, or FMRI, is a technique for measuring brain activity. It works by detecting the changes in blood oxygenation and flow that occur in response to neural activity ââ¬â when a brain area is more active it consumes more oxygen and to meet this increased demand blood flow increases to the active area.FMRI can be used to produce activation maps showing which parts of the brain are involved in a particular mental process (FMRIB Center).This is how it works: oxygen is delivered to neurons by haemoglobin in capillary red blood cells. When neuronal activity increases there is an increased demand for oxygen and the local response is an increase in blood flow to regions of increased neural activity.Haemoglobin is diamagnetic when oxygenated but paramagnetic when deoxygenated. This difference in magnetic properties leads to small differences in the MR signal of blood depending on the degree of oxygenation.Since blood oxygenation varies according to the le vels of neural activity these differences can be used to detect brain activity. This form of MRI is known as blood oxygenation level dependent (BOLD) imaging (id).It is claimed that through this process, FMRI can be used as a lie detector test. The question now arises that should the FMRI be used as a lie detector test, will the results be admissible in evidence in our courts of law in light of the Daubert ruling? This paper will try to answer this question by testing FMRI against the four questions set up by the Supreme Court in the said decision.Is FMRI a testable technique?The Supreme Court, in discussing how evidence should pass this test, the judge must ascertain whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.A key question to be answered in determining whether a theory or technique is scientific knowledge that will assist the trier of fact will be w hether it can be(and has been) tested (92-102). The main concern of the Supreme Court here is the reliability of the technique and reduction of falsifiability.FMRI is one of the most recently developed forms of neuroimaging but the idea underpinning the technique ââ¬â inferring brain activity by measuring changes in blood flow ââ¬â is not new (FMRIB Center). The technique, however, is relatively new.FMRI still has not gained acceptance as a reliable method of lie detection to replace the polygraph. Recent studies only indicate that FMRI may be more reliable than the polygraph but FMRI is yet to attain its full potential.Dr. Faro, in studying FMRI admits that because the polygraph test, while improved over the last 10 to 15 years, is not as accurate as it needs to be, a better method for detecting deception clearly needs to be developed (Orenstein 30).He add that he is convinced that FMRI used with or without polygraph will someday be the new gold standard (id). The scientist s remain hopeful the FMRI will someday be the standard. But as of today, its acceptability as a lie detection test is still on a thin balance. In short, FMRI has not yet been fully tested so as to be acceptable as a lie detection method.Despite this, it is noteworthy that FMRI lie detection centers have already been set up in the United States. They are No Lie MRI, Incorporated and Cephos Corporation. This shows that FMRI is gaining ground as a stand alone test for lie detection and not just merely as a supplement to the polygraph.Has FMRI been peer reviewed?à The concern of the Supreme Court in including this test is to make sure that the theory or technique has been subjected to scrutiny by the science community because it is only then that the substantive flaws of the methodology can be revealed.Without effort, FMRI will pass this test. FMRI has been subjected to tests and retests by a lot of scientists to verify its efficiency and effectiveness. In fact the University of Oxfor d established its own FMRIB Center to study it as a field of discipline.As mentioned earlier, Dr. Faro already tested whether it can replace the polygraph or not. And lastly, there are also plenty of studies on FMRI being conducted as of this moment because it has inspired general interest in the science community. The abstracts of these studies can be viewed in the internet.Does FMRI have a known error rate or standard controlling it operation?The error rate of FMRI has not yet been established because as mentioned earlier, it is a recent development in nueroimaging and still has not been tested thoroughly. However, Dr. Faro says that subjects would have to lie perfectly for them to beat the FMRI (Orenstein, id).He says that FMRI would be much harder to beat than polygraph because it measures a primary cognitive response that begins within the deep structures of the brain.Lying involves coordinating complex activations in many different parts of the brain that relate to awareness, understanding, inhibition, and emotion.One way of arguing the admissibility of the FMRI according to this test is to argue how polygraphs are admissible in courts. According to the American Polygraph Association, polygraph results are admissible in some federal circuits and states (Orenstein, id).And this is so even though the polygraph is only 85% to 90% accurate when the subjects are being deceptive and only 70% to 75% accurate when subjects are being truthful. If polygraphs are admissible in court, then FMRI should also be admissible considering that the latter is more accurate than the former.However, there is a great cloud over the admissibility of the FMRI when the procedure of conducting it is considered. Subjects participating in a fMRI experiment are asked to lie still and are usually restrained with soft pads to prevent small motions from disturbing measurements.It is possible to correct for some amount of head movement with post-processing of the data, but large transient motion can render these attempts futile. Generally motion in excess of 3 millimeters will result in unusable data.Thus, a very accurate data is hard to obtain from FMRI. A movement of only 3 millimeters will already render the data useless. Considering that the shortest time needed to conduct an FMRI is 15 minutes, it is easy to conclude that an FMRI is hardly accurate.Of course, this can be addressed by utilizing mechanisms to reduce movements. And the FMRI centers should have already addressed this problem. But standing as it is, this fact casts doubt on the admissibility of FMRI because of the possible large inaccurcies of the data gathered during testing.There is also a concern on the reliability of the FMRI with regard to complex lies. Complex lies are half truths and sometimes rhetorical answers to the standard questions asked during an FMRI session. They are answers which have shades of truth or just an answer with a misperception about a question. This area of FMRI still ha s not been studied thoroughly making it less reliable as a method of lie detection.Is the underlying science generally accepted?Yes, the underlying science behind FMRI is generally accepted. As mentioned earlier, the idea underpinning the technique (FMRI) ââ¬â inferring brain activity by measuring changes in blood flow ââ¬â is not new. The study of FMRI draws from physics, psychology, neuroanatomy, statistics and electrophysiology, all of which are generally accepted fields of discipline. Thus, under this test, FMRI is admissible in evidence.ConclusionIn conclusion, FMRI is not admissible in evidence when tested against the Daubert standards. First of all, it still has not been thoroughly tested as a science. The method of conducting has not yet been perfected by the testing centers. These two factors accounts for somewhat doubtful results and may seem not convincing before the eyes of the courts.In fact, criticisms as to the accuracy of the data gathered during FMRI have al ways been the the biggest factors in sustaining its non-acceptability. Issues raised such as there are non-neural influences in the change of magnetic fields in the blood vessels have been raised and these have not been specifically addressed by the current studies on FMRI.It has also been raised that FMRI only measures the secondary physiological correlates of neural activity, it is not a direct measure. This means it is not a truly quantitative measure of mental activity ââ¬â when comparing the FMRI response between individuals it is impossible to say whether the differences are neural or physiological in origin (FMRIB Center).These are the scientific arguments against the FMRI. Of course, there are also ethical arguments against its use but they will not be discussed in this paper for being irrelevant.One argument which, to the mind of this reader, will really cause the courts to strike down FMRI evidence as inadmissible is the constitutional argument that it violates the rig ht to privacy. During an FMRI session, collateral information about the subject may be obtained but which he would have wanted to keep secret. This is a violation of the right to privacy.à Of course, it is already established that such a mechanical method of subjecting one's self to physical examination is not violative of the right against self-incrimination. However, this is not the case I am pointing out. What if some information not related to the trial or to the case has been obtained during the FMRI session?True that it will not be offered in evidence but the damage of violating the right to privacy has already been incurred. What will the subject do then? If the FMRI violates the constitutional right to privacy, then anything obtained during such sessions, though irrelevant and immaterial to the case, should be kept confidential and inadmissible in evidence in all courts and tribunals.Secondly, the FMRI should be inadmissible in evidence because its error rate still has not been determined to a certain definitive degree. It matters not if polygraph evidence is admissible in many federal and state courts. As of the moment, the Supreme Court still has no definitive ruling as to its admissibility (Orenstein).Moreover, the accuracy of the data obtained during FMRI sessions is still in doubt when the procedure is considered. The fact that a 3-millimeter movement will render the data untruthful is enough for the courts to cast a doubtful eye on FMRI evidence. As to the matter of complex lies, this provides the subjects a way to beat the FMRI.They even do not have to lie. They can just answer half-truths or even use rhetorical answers and they could already beat the FMRI.All these point to rejection of FMRI evidence considering the attitude of the courts toward the Daubert principle. In fact, litigants say that courts are more strict than what the Supreme Court suggested in the Daubert case (Hileman 2003).However, as a statement of hope for FMRI, today is no t the timely moment to test its admissibility in our courts of law. It should be given more time to develop into a better-founded discipline and its loopholes tied end-to-end. Then perhaps someday, our society will find it a very reliable method in lie detection and the results be admissible in evidence in our courts of law. Works CitedIntroduction to FMRI. FMRIB Center, University of Oxford. December 4, 2007. http://www.fmrib.ox.ac.uk/education/fmri/introduction-to-fmri/introduction/Orenstein, Beth. Guilty? Investigating FMRI's Future as a Lie Detector. May 16, 2005. Radiology Today. Vol 6 No. 10 p. 30.Supreme Court of the United State. Daubert vs Merrell Dow Pharmaceuticals. June 28, 1993. retrieved December 4, 2007. http://straylight.law.cornell.edu/supct/html/92-102.ZO.htmlWeiller C et al (2006). ââ¬Å"Clinical potential of brain mapping using MRIâ⬠. Journal of Magnetic Resonance Imaging 23 (6): 840ââ¬â850Scott A. Huettel, Allen W. Song, Gregory McCarthy, Functional Ma gnetic Resonance Imaging, Sinauer Associates, 2004.Hileman, Bette. Daubert Rules Challenge Courts. July 7, 2003. Our Stolen Future. Retrieved December 4, 2007. http://www.ourstolenfuture.org/press/2003/2003-0707-CEN-daubert.htmSilberman, Steve. Don't Even Think About Lying. Wired Magazine. Retrieved December 4, 2007. http://www.wired.com/wired/archive/14.01/lying_pr.html
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