Difficult for the reader to feel much affection for the protagonist Essay

It is difficult for the reader to feel much affection for the protagonist in Wolff’s memoir. Do you agree? This Boy’s Life, set in America in the 1950’s, is a compelling memoir by Tobias Wolff, whom recreates the frustrations and cruelties faced throughout his adolescence, as he fights for identity and self-respect. During this period of time, America underwent major changes in the political and economic spheres, which in turn were responsible for its social makeover. Society in this time was geared toward family; marriage and children being part of the national agenda. The 1950’s was also an age of male dominance, where even if women worked, their assumed proper place was at home. Throughout the memoir, the protagonist, young Jack Wolff, makes it difficult for the reader to feel much affection towards him, as his actions prove to be troublesome and unruly. However, as the memoir progresses, Jacks struggle reveal the reasons for his actions which sequentia lly shape his character, providing the readers with understanding and sympathy towards his inexorable situation. The fraudulent lies and deceitful ways of Jack can be frustrating upon the reader; though we come to realise that he does this in order to be accepted by the people around him. Jack also engages in fights and unfaithfully betrays his best friend Arthur, although it becomes evident that he only does this in order to gain Dwight’s approval of him. The lack of a real father figure in Jack’s life has a profound impact on him and his desperate attempt to develop his identity, which further supports the readers’ emotions of sympathy towards him. Jack lies relentlessly in order to escape the grim circumstances of his childhood. His life is fuelled with emotional neglect and verbal abuse; Dwight, his indignant step father, being the foremost cause. He desires of transforming himself into the person that he truly wants to be; an image he believes will help him to belong and to be happy. The lies he tells are a constant source of comfort for him, as he relies on them to pr ovide stability and hope in his otherwise unstable life. â€Å"I couldn’t help but try to introduce new versions of myself as my interests changed, and as other versions failed to persuade†, demonstrates an essential part of Jack’s character, as he lies in order to fit in. His identity would change with the different people he met, in order to meet their expectations of him and to obtain their acceptance. This greatly contributes to the sympathy felt for Jack, as he renders the reality that he finds so difficult to accept as a young boy. Among many other lies  throughout the memoir, Jack has the intention of creating a new identity for himself. â€Å"It was truth known only to me, but I believed in it more than I believed in the facts arrayed against it. I believed that in some sense not factually verifiable I was a straight-A student†. At this point, Jack takes his re-creation of identity to a new level. Jack is completely aware of what he is doing, although he does not stop. His incessant lies and then believing that they are the actual truth continuously reoccur throughout the memoir. This serves to show his insecurity of who he was, and his imprudent belief that he had the ability to become something better than what he was. Jacks fabricated attempts to re-create â€Å"new versions† of himself, reveal his instinctive lying nature, thus contributing to the annoyance the readers occasionally feel towards him. However, it becomes clear that Jack is confused; he wants to belong. This misperception, and yearn to fit in explicates why feelings of sympathy by the readers towards Jack are inevitable. Jack is forced to live with his violent stepfather Dwight. Dwight cruelly exercises authority over Jack, in order to create a sense of dominance over him â€Å"Dwight would dump a pile of nuts on the floor of the utility room and put me to work with a knife and pair of pliers until he judged that I’d done enough for the night†. Because of this, Jack is determined to prove to Dwight, himself and the reader that he is not the person Dwight defines him as. Jack is not hurt by Dwight’s accusations that he is a thief and liar because â€Å"I did not see myself that way†. However, when Dwight calls Jack a sissy, Jack thinks of Arthur, who is his best friend and the biggest â€Å"sissy† in school, and remembers how the word sparked the fight between him and Arthur. Dwight treated Jack differently for a few days; with certain deference – â€Å"Dwight took the calls and explained that the papers had been ruined in a fight, adding that his boy Jack hung a real shiner on the Gayle kid.† This was the only time he expressed a genuine interest in Jack that bordered on admiration, rather than disgust. Dwight was always associated with hatred and negativity, but because of this certain deference after he fought, Jack felt a certain connection to him as a father figure. He felt as though he finally impressed Dwight, and even felt loved because of Dwight’s respect towards him. This discloses that Dwight’s actions had significant influence over Jack, as he continued to engage in these violent fights, in order to demonstrate his m asculinity to  Dwight. Jacks violent nature is driven by his belief that he has to prove his masculinity to Dwight. This attests annoyance within the reader; as Jack claims he â€Å"defined myself in opposition to him†, he ironically shares the traits of Dwight, such as violence and his desire to be regarded as powerful and masculine. However, Dwight’s deference towards Jack after he fought contrastingly draws sympathy for Jack from the readers, as it reveals his desire to belong; his desire to be loved. Jack’s friendship with Arthur plays a significant role in the re-creation of his identity. Arthur was recognised as a â€Å"notorious sissy†, and because of this Jack worried of the social implications it would consequently have on him by being friends with Arthur. â€Å"To put myself in the clear I habitually mocked Arthur, always behind his back, imitating his speech and way of walking, even betraying his secrets†, demonstrates Jacks desperation to acquire acceptance fr om others, even if it meant denying a part of himself- a friendship- that actually made him happy at times â€Å"but I had withheld my friendship, because I was afraid of what it would cost me†. Jacks betrayal of Arthur imparts anger in the reader, as he attempts to impress people who are not his real friends. However his confused identity and lack of self-confidence justify his disloyal actions, particularly because of the circumstances he was faced with at such a young age. Parental neglect plays an important role throughout the memoir. This is first evident in the text when Jack says â€Å"after all, he was in Connecticut and we were in Utah†, signifying the substantial physical and emotional distance between his birth father and himself. Fathers play an important role in their child’s upbringing and development. Due to this lacking in Jacks life, the responsibilities of growing up prove to be difficult for him, evident through his confused identity and troublesome ways. Furthermore, Rosemary’s ex-husband Roy plays a significant role in shaping the way Jack thinks and reasons, particularly from such a young and susceptible age. â€Å"I thought Roy wa s what a man should be†, reveals Jack’s naivety at such a young age; as Roy, abusive and indignant, was in fact the complete opposite of â€Å"what a man should be†. Wolff is once again faced with a man, Dwight, who abuses him and sets a terrible example for him. His violent nature plays a major part in Jack’s development, which ultimately forms his identity. Dwight’s actions have such an influence that â€Å"Jack† writes about Dwight’s voice being ever-present in  his head and own voice, even as an adult; even as a father. â€Å"I hear his voice in my own when I speak to my children in anger†. The sympathy felt by the readers for Jack is inevitable, as his brutal childhood is left with him for the rest of his life. Although Jack makes it difficult for the reader to feel much affection towards him on some occasions, the abusive, neglectful and violent experiences he is confronted with at such a young and vulnerable age conveys a sense of understanding, which in turn rouse feelings of sympathy towards young Wolff. Jack lies constantly; whenever he is presented with the opportunity to. This frustrates the reader is some instances. Generally though, reasons for this are understandable, such as his confused identity due to the violent and emotionally unstable life he lives. The violent fights he associates himself with, and the betrayal of his â€Å"best-friend† Arthur, leave the readers in a position to question whether his motives can be justifiable. However, these fights and betrayal are a reflection of his desire to be accepted by others, and the masculine, powerful man Dwight’s expects him to be. The lack of a real father figure largely affects Jack and all aspects of his character, from his deceitful ways, to his violent involvement in fights. Because of this, compassion and sympathy prevails over the occasional frustration felt towards Jack by the readers. In supposition, Jack is a helpless child seeking a happy life; an identity he is truly happy with.

Ethnicity and Policing

Ethnicity and the Police Part II Police Brutality and Corruption: New Orleans Police Department By Brittany Jackson Staff Writer BATON ROUGE- New Orleans Police Department is known for its harsh brutality, corruption, discrimination, and deadly force. The issue of citizen complaints has been a controversial concern in New Orleans. The complaints of citizens are generally a racial issue. African American civil groups have commanded civilian evaluation as a way of presenting independent assessments of complaints.Although the New Orleans courts planned to expurgate police corruption and brutality, the unruly behavior has increased. Over the recent years the New Orleans Police Department had a discreditable record for police brutality and many incidents were reported to the department Internal Affairs Division and the Office of Municipal Investigations. Some officers were charged for using excessive force towards victims, sometimes without adequate cause, and some suspects died while in the custody of police. The New Orleans Police Department has a history of police brutality cases including the case of Robert Davis.Robert Davis, a retired elementary school teacher and a resident of New Orleans was detained, arrested, and beaten by four white police officers on October 9, 2005 on notion of public intoxication. Davis was 64 years old at the time of the incident and was charged with public intoxication, resisting arrest, battery, and public intimidation which he pled not guilty to all charges. Upon hearing the charges Davis stated, â€Å"I haven’t had a drink in twenty five years. † The officers were charged with battery and the use of severe force.All officers were released on bond after making an appearance before the judge, pleading not guilty. African American Police Chief Warren Riley stated that he did not believe race was a issue in the beating. Charges against Davis were dropped in April 2006. Robert Evangelist and Lance Schilling were fired for their involvement in the beating. Racial profiling inexplicably targets the African American community for no known investigations and enforcement which leads to a hindrance in community policing endeavors. These actions cause law enforcement to lose trust among the people they are to protect and serve.Many people depend on the police to protect them from violence and exhibit fairness and equality to all communities, yet many people live in fear. I never been in a situation that involved the New Orleans Police department but in my research I find the department to very corrupt. Many of the officers are respectable individuals but the dishonorable officers ruin the reputation for all. Many of the suspects that they victimize are Black individuals who are males. Even though the Police Chief stated that the incident of Robert Davis wasn’t a race issue, I’m for certain that it was.It shouldn’t take four police officers to apprehend one suspect and to make matters w orse, two of the officers were pinning Mr. Davis down to accommodate the beating. More people should stand up for what they believe in to prevent racism from happening. In New Orleans, most citizens of the African American community live in fear because they know how corrupt the New Orleans Police Department is. If more people come together and protest about racism, brutality, and corruption a change will be brought forth. The New Orleans Police Department has always been known for their corruptive acts.Many of the officers target the African American communities and victimized individual for their own personal reasons. It is real clear the corruption of the police department is only getting worst being that no one of higher authority isn’t taking on an improved way to handle these violent acts. New Orleans has the most brutality cases in the United States due ethnicity issues, and discrimination. African American citizens of New Orleans can’t depend on the police to p rotect them if they don’t trust the police or have fear.

William Randolph Hearst and Marion Davies Essay

William Randolph Hearst and Marion Davies - Essay Example 107). The screen career of Marion Davies is of course inextricably bound up with the name of William Randolph Hearst. While this fact has always been recognized, the critical treatment of this particular "help" has shifted considerably over the years. When Hearst and Davies were still actively producing films, none dared mention the personal side of their relationship. Benjamin Hampton, writing in 1930, summarized Hearst's film activities by noting, "Few producers have derived more enjoyment from the game". Hearst interest in film predated his encounter with Davies. He operated the International Newsreel, an animation studio, and produced several of the most important early serials, including The Exploits of Elaine (1915). According to Proctor (1998), Hearst spotted Marion Davies in the 1916 Ziegfeld Follies and after seeing her performance in a cheaply made feature called Runaway Romany (1917) decided to fold her into his own motion-picture empire. Under the Cosmopolitan banner, Hearst was already producing a series of features with Alma Rubens, but because of his special interest in Davies, he now became involved on a much more personal level. In the 1920s, with the war and the controversy behind him, the growth of the Hearst media empire was on the march again and he was undoubtedly the most famous newspaper publisher in the United States and c... is overextension, a love affair with Davies, heavily promoted by his newspapers, and his eventual inheritance of the family fortune, following his mother's death, staved off disaster. In time Hearst vast newspaper empire, his movie studio, and his successful magazine division that included Good Housekeeping and Cosmopolitan became immensely profitable (Nasaw 2000). The Bulk of Davies' Cosmopolitan productions, Nasaw (2000) continued, which were made in New York until Hearst shifted his center of operations to California in 1924, are light romantic melodramas. Some are more tearful than others, but one finds a wartime spy plot (The Burden of Proof, 1918), a comedy (Getting Mary Married, 1919), and a flapper-era morality tale (The Restless Sex, 1920). These films do no seems to have been especially successful, and Hearst was already being chided in print for his string of Davies features. After discussing the early serials and newsreels Robert E. Sherwood concluded: "Up to this point Hearst had probably made money from pictures, but then he found Cosmopolitan Pictures Cooperation and started losing on a triumphant scale. He made picture after picture in which Marion Davies was featured, and on which he lavished incredible sums, and one after another flopped dismally. Miss Davies did not prove to be a stalwart box office attraction, and an irreverent wag in the movie industry remarked that Mr. Hearst had to bribe the exhibitors to rent his pictures" (The Best Moving Pictures of 1922-23, p. 50). Hearst lived on a scale whose lavishness was news-making. He became popular in great measures because Davies was a creation of Hearst newspapers, magazines, and movies. The emphasis in all periods has been to suggest that Davies' screen career was manufactured, and then foisted

Quantitative research methods paper Essay Example | Topics and Well Written Essays - 2500 words

Quantitative research methods paper - Essay Example The luxury industry has had to tread more carefully, while stepping into this new venue, so as to avoid diminishing the unattainable luxury image, even while learning how to promote the message and more sales to a larger global audience. This research plans to find out just how much the social media and technology expansion has occurred in the luxury fashion industry, such as online purchasing, and how successful it has been. Luxury item buyers are not that much more different than the rest of the purchasing population, except that there is more money available for expenditures. What is most notable about luxury purchasing habits, is that 75 percent of purchasers in luxury items will research the products available through online store portals, before going into the store to make the purchase (Shea, 2013). In decades past, shoppers had to physically visit each store offering those desired luxury products, before narrowing it down to just a few from which to make their purchase. In fact, the visit to the store usually prompted some type of runway or showcase for the discerning customer, so as to see the apparel in action, so to speak (Bui, 2013). Today, one can go to the Burberry store, for example, and view the brand collections on a store-supplied iPad, instead of walking around the different departments to see what is available (Edwards, 2012; Cosgrave, 2015). Some purchasing habits remain the same ove r centuries, requiring that pre-purchase review, involving the ‘touch, smell, and see’ of the products before making that final decision (Shea, 2013). There is no doubt that luxury clothing brands are taking advantage of the Internet, utilizing the chat function on their websites to assist with questions and help with purchasing decisions, providing videos of clothing lines, and providing a seamless process of purchasing for the customer, that makes them want to come back for more (Edwards,

Hitlers Table Talk, 1941-1944 Term Paper Example | Topics and Well Written Essays - 1500 words

Hitlers Table Talk, 1941-1944 - Term Paper Example Moreover, the conceptual accuracy of the statements in Picker’s book was notarized by Hitler’s personal aides, who witnessed most of the talks. Still, dubiousness to the book is given by the fact that the basic notes had been â€Å"finalized† by Henry Picker after the war, when he was captured by the British military forces. It is not impossible that the notes were entirely recomposed after the war and there is not doubt that such â€Å"revisions† were carried out under the order of British intelligence. The book still is in the middle of a fierce historical discussion. But no one denies that the book has a rational kernel, a grain of historical truth and is more than just the interesting fiction reading. A reader can notice immediately after reading that the book contains no answer to the most important question: How did it happen that the son of a petty official from the Austrian hinterland, poorly educated, with uncertain social background, inept and helpless, mastered all the dark forces and controlling them almost conquered the whole world? But the book is interesting in other ways. In the monologues, written in an informal setting, the leader of the Nazis is seen by the readers not only as a crazy dictator obsessed with mass murders, but quite often as a forehanded politician, understanding many areas of life, including individual and mass psychology. The book is nothing but the impressive collection of monologues and statements of Hitler, delivered in the most intimate circle, in the most private setting - during casual meals (lunch and dinners, but most often - the second dinners late after midnight) during the period 1941-1944. What is interesting in all this? The author clearly tries to study the development of Hitler’s thinking. This point is usually ignored by historians which is totally wrong. Personality of Hitler is revealed through

Economic Externalities And Market Failure Essay

Economic Externalities And Market Failure - Essay Example It can then, in turn, have either a positive or a negative effect on a third party individual who is not directly involved with the buyer or the seller of the transaction at hand.These costs (or benefits) are not included in the cost curve faced by the decision makers. For example, if I plant trees around my neighborhood, not only will I enjoy the benefits of having a street that is cooler and has more shade, but so will my neighbors, even though they did not have any part whatsoever to play in planting the trees. This is an instance of a positive externality. There are several instances that provide absolute evidence that the market economy is plowed with enough imperfections and that it is unable to achieve economic efficiency. Economic efficiency is both productive and allocative efficiency. Productive efficiency is achieved when goods are made with the least possible amount of scarce resources, in other words, goods are made at the lowest possible cost. Allocative efficiency is a chieved when the right amount of scarce resources are allocated towards the production of the right kind of products., i.e., when a combination of goods that leads to the maximum satisfaction of unlimited wants is produced, allocative efficiency is achieved. Therefore, the market fails to choose the right goods and services and is unable to produce them well enough. Market failure is a concept pertained to economic theory, whereby the allocation of goods and services by a free market is not very efficient.

Killing of the Buddha Essay Example | Topics and Well Written Essays - 250 words - 187

Killing of the Buddha - Essay Example The Koan should not be taken since killing goes against Buddhist teachings. Instead, the koan advocates for self-interrogation with an aim of bringing in clarity aspects that promotes the development of one’s self. In the Koan â€Å"finding the Buddha† symbolizes a walk on the path of enlightenment. The process can be interpreted to include our path or the direction that an individual takes in his life. The â€Å"Buddha† that we are supposed to represent an idealized personal perfection that we have about ourselves. The Buddha represents us as well as our projection to the outside world. The Buddha consists of our conception of absolute enlightenment (McGee, 2015). The â€Å"Killing of the Buddha† means that human beings are often wrong in the conception of themselves. The Koan dictates that it is practical and achievable for an individual to separate himself from the misconception of himself through meditation. If a person believes that he has spiritual e nlightenment, then the person must get rid of the perception and meditate. Through meditation, the enlightenment has no permanence, and everything keeps on changing. The Koan teaches us that if we consider ourselves as having all solutions then such a perception must be avoided, and we must question such solutions to get better solutions. By following the Koan and always meditating, then one creates a learning process and keeps on enlightening. Such a process reinforces the journey to being complete. Ultimately, one learns that he or she is a disguised Buddha (McGee, 2015).

Healthcare Management Essay Example | Topics and Well Written Essays - 500 words

Healthcare Management - Essay Example sponse to the impacts of the recession in that it targeted on saving and mobilizing creation of jobs in all sectors while also providing temporary assistance to people directly affected by the recession. Through the Act, people invested heavily in the healthcare sector thereby creating jobs and consequently leading to an improvement in the industry. The Act also compelled the Federal government to spend directly in the healthcare sector among several critical others such as education and energy. This is an award that was set up by the Congress in an attempt to raise awareness about the need for US companies to focus on quality management. The award is thus given to the companies that have observed and successfully implemented these quality management terms and systems. The awards are given to companies in several industries, among them being the healthcare sector. The award system has particularly been influential in facilitating improvement in the healthcare industry with notable areas of improvement being seen in the leadership, customer focus and human resource management and development. The Centers for Medicare and Medicaid Services (CMS) made a ruling on the implementation of this program which is the last Medicare pay-for-performance initiatives. Through this program, hospitals which perform poorly in reducing conditions and complications that patients acquire while undergoing treatment (secondary diagnosis), will have their inpatient payments funded by Medicare reduced. This ruling is meant to send a word of caution to hospitals on the need to improve their services and consequently lead to improved healthcare. It is expected that about 80 million Americans will be retiring within the next 20 years, which means that demand for primary care and other healthcare workforce will shoot drastically. This is, therefore, expected to prompt a demand for healthcare related employment opportunities thereby attracting more enrollment in education programs such as

Manufacturing Engineering Essay Example | Topics and Well Written Essays - 500 words

Manufacturing Engineering - Essay Example Machine operators working on holonic systems focus their activity on complex problem solving (Oborski & Szafarczyk 2001). Fractal and bionic manufacturing ideas propose manufacturing system performance improvement by stressing work organization factors based on autonomous groups. The human operator also plays a vital role in computer integrated manufacturing (Nagalingam & Lin 1999). All of those new manufacturing engineering paradigms are aimed at creating so-called advanced manufacturing engineering systems. In such systems, several factors are decisive for success: technology, information processing and human factor. Moreover, those factors must coexist together. One of the most crucial and not yet appreciated factors in this combination is the cooperation of technical systems and the human operator. The proposed research will be based on advances in socio-technical approach in Manufacturing Engineering. The socio-technical approach to system design was introduced by the Tavistock Institute of Human Relation in London in the early nineteen-fifties.

PHILOSOPHY CLASS-LONG PAPER Essay Example | Topics and Well Written Essays - 1500 words

PHILOSOPHY CLASS-LONG PAPER - Essay Example The dead can bear no responsibility for their actions. At best, Smith is a zombie, under the control of the scientist. An animated corpse is simply an instrument being used to fulfill the will of the master. Within this system, the scientist is fully alive. He feels pleasure by overcoming displeasures, which in this case would be technical difficulties with his zombie and his chip that prevent Smith from carrying out his master’s will. With every victory over Smith, the master (the scientist) stimulates his will to power and therefore is fully alive. The scientist follows all the rules of Master Morality, and is able to do this with a good conscience. Smith can’t subscribe to the Slave Morality because, ostensibly, he does not know he is being subjugated. He cannot see his master as evil, because he is unaware that his mind has been manipulated by an outside person. Therefore, he bears no responsibility for his actions while under the influence of the neural chip. Holba ch: Causal Determinism: All Events are Caused Holbach states that because we are parts of the greater whole, which is nature, we cannot think, perceive or act without nature influencing us. In order to be free of nature, we would have to be free of â€Å"physical sensibility† which means coma, or death. ... Smith does not, even though it does no obvious harm. As a result, Smith, while under control of the chip, has no â€Å"actual essence† (Holbach) and is not truly alive. Under this system, a person is punished or rewarded due to his acting or not acting on his motives, which we all carry within us. Smith’s volition to act or not act is compromised by the chip, so he should not be punished or rewarded for any actions. â€Å"To be free is to yield to the necessary motives he carries within himself† (Holbach, 113). Smith’s processing of what his motives are, and what to do or not do about them, is controlled by the scientist. It is my position that the scientist alone experiences Holbach’s limited freedom. Hume: On Knowing and the Liberty of Spontaneity Hume defines the will as â€Å"when we knowingly give rise to any new motion of our body, or a new perception of our mind† (57). If Smith’s thoughts are influenced by a neural chip, then Sm ith’s actions, which are directed by this chip, are not mindful actions, but compulsions that have been generated by the chip’s impulses. Smith acts unknowingly, therefore he has no will. Hume’s main argument states that â€Å"2. All mental events (thoughts, feelings, etc.) and actions are constantly conjoined with some other (preceding) type of event, and the mind passes from a consideration of one to a consideration of the other (class notes, italics mine). Smith’s mind is altered by the chip, thus altering the process of consideration from E to F. This makes for a false causal relation in terms of the will. If causation depends on a determination of the mind, then Smith’s mind is being determined by the scientist. There ends up being a

Pay for Performance Best Practices Essay Example for Free

Pay for Performance Best Practices Essay Best practice can be defined as an idea that suggests that there is some sort of technique, method, process, incentive or reward which is considered to be more useful at producing the desired outcome or result for the company than any other technique, method or a reward etc. The performance best practice is mostly done through checklists or rating scales etc. so that the desired outcome can be achieved with fewer problems and complications. (Tech Target, 2008) Compensation When talking about compensation best practice what comes to mind is incentives and gain sharing of the employees. Compensation can be defined as what the employees of the company receive in exchange for their contribution to the company. When they are managed correctly, it helps the company to achieve its targeted goals and objectives and the company is able to obtain, maintain and retain a productive workforce. Without the right kind of compensation, the current employees of the company are very likely to leave and the company will have a difficult time in replacing and the training the employees for that job. The outcomes due to pay dissatisfaction can be very harmful to productivity and can disrupt the quality of work life. If worse comes to worst, pay dissatisfaction can reduce the performance of the employees, which in return may lead to strikes which will cause grievances and that will lead to physical or psychological withdrawal ranging from absenteeism and turnover and it would also increase poor mental health of the employees. (DRMR, n. d) But it must be remembered that overpayment can also cause harm to a company and its employees. The affects of overpayment will decrease the company’s competitiveness and it will lead to anxiety, guilt and discomfort among many employees. The human resource department can contribute to the organization’s strategic objectives through the company’s compensation program. When it us seen that wages and salaries are linked with ‘pay for knowledge’ and ‘pay for skill’ the employees will have an incentive to pursue vocational training. Vocational training can be defined as training for a specific part of a work activity. For example, Dunkin’ Donuts mostly benefits from having better trained workers, who are more productive. The result of linking compensation to continuous learning is a perpetual learning machine that furthers an organization’s strategy. Compensation is not only a way to align performance with strategy. Human resource planning, recruiting, selecting, placement, development, performance appraisals and career planning are also considered in individual efforts and company strategy. But unlike the recruiting and developing activities, compensation programs can be quickly modified and linked with new strategies of the company. (Werther Davis, 1996) Strategic Objectives Strategy can be defined as a set of decisions and actions that are used to formulate and implement strategies that will provide a competitively superior fit between the organization and its environment so as to achieve the stated goals and objectives of the company. Strategy basically shows that where is the organization standing in the market? Or where does the organization wants to be in the next 5 years? It is with the help of strategy that the executives of the company define an overall direction for the company. The strategy if the company is based on growth, entrenchment and stability. The strategic analysis begins when the executives of the company evaluate the current position of the company with respect to the mission, goals and strategies. The executives scan the company’s internal and external environment and identify the strategic factors that require change. The internal and the external environment may show a need to redefine the mission or goals or to formulate a new strategy for the company at either corporate, business or functional level of the organization. (Fullmer, 1983) Dunkin’ Donuts specializes in the provision of doughnuts and beverages. Dunkin’ Donuts client and customers are mostly based of average income households. The company has established itself as one of the most formidable forces in the restaurant business. However, this does not undermine the fact that the company still has a lot to learn from other competitors in the industry. Job Analysis and Evaluation It is a known fact that job analysis collects information about jobs through surveys, observations and discussions among the workers and supervisors, to produce job and positions descriptions. With job analysis information as a part of the department’s HR information system, compensation analysts have the minimum information needed to evaluate the work activities of their employees. Job evaluations are steps and procedures that help to identify the relative worth of jobs or work activities. There are different kinds of approaches to the evaluation of a job; these approaches consider the responsibility of the employee, skills that are needed for the job, efforts done by the employee and the working conditions related to the job. Without job evaluation the HR department would not be able to create a rational approach to pay. The most common methods for job evaluation that helps with a compensation plan are job ranking, job grading system, factor compensation and the point system. The Point System The methods that I would be suggesting for Dunkin’ Donuts would be the point system. Why? Because this system evaluates the compensation factors for each job instead of using wages as the factor comparison does, this method uses points and it is more easy to use and it’s not filled with complication plus this method is most commonly used by most companies when they are evaluating their employees. This method is slightly hard to create in the initial stage, but it is more precise than any other method because it is able to handle critical, compensable factors in more detail. This system is based on six steps and theses steps are usually implemented by a job evaluation committee or by an individual HR analyst. The steps are as follows:- Step 1 is the, determine critical factor stage. The point system uses the factors which are mostly used in the factor comparison method but it mostly adds more detail by breaking down the factors into sub factors for example, responsibility can be broken down into safety for others, equipment and materials, assisting trainees and product or service quality. Step 2 is the, determine the levels of factors stage. In this stage the amount of responsibility or any other factor like skill may vary from job to job. The point system actually creates different kinds of levels which are associated with each other. This level actually helps the HR analyst to reward different degrees of responsibility, skills and other critical factors. Step 3 is the, allocate points to the sub factor stage where the factors list down to one side. And the levels are placed across the top of the evaluation sheet; the result is a point system matrix. Starting with a level IV, the job evaluation committee subjectively assigns the maximum possible points to each sub factor. For example, if safety (75) is twice as important as assisting trainees (37), it gets twice as many points.

The Largest International Bond Market In The World Finance Essay

The Largest International Bond Market In The World Finance Essay Firstly, it is important to define what a bond is. A bond is a debt instrument requiring the issuer a business, a bank, an international organization, or a government to repay to the investor (the lenders) the amount borrowed plus interest (coupon rate) over a specified period. Terms are contractually fixed. Bonds issued specify a fixed date when amount borrowed is due and a remuneration (which may be fixed or variable) indexed to interest rate and not the result of the company. Default risk is reflected in yields. Indeed, the higher yields the bond provides, the more risky the investment. In order to attract investors, companies offer a higher return than the government. The bond rating help in estimating the default risk. The bonds are traded on the bond market. The development of bond market has enabled companies and government, to diversify their sources of funding. In the international bond market, we can bring out three main markets: Domestic bond market: the bonds are issued by a domestic borrower in his own country. Most of time, we can find bonds denominated in the local currency. Foreign bond market: a foreign borrower issues bonds on another market than his local market. Most of time, we can find bonds denominated in the local currency. Exchanges of bonds issued by a foreign entity are under local market authorities control. Eurobond market. We have to determinate what a Eurobond is. The word Eurobond might be misunderstood. Indeed, Eurobonds do not mean bonds of European countries or euro-denominated bonds. The original sense of the world is given in this definition A Eurobond is a bond underwritten by an international syndicate and sold in countries other than the country of the currency in which the issue is denominated The Online Encyclopedia. In others words, the bond is issued and traded in a currency which is not the home currency of the investors. Eurobonds are not traded on a specific national bond market. Thus, Eurobonds are not subjects to the rules of any country. They are issued and traded within an unregulated market. Usually, a Eurobond is issued by an international syndicate (a group of banks that acts jointly). Eurobond market is separated into two different markets: Primary market (first issue of bond). Secondary market (sell your own Eurobond to another investor). Eurobonds bought in the primary market can be sold prior to their maturity in the secondary market. In this market, Eurobonds are traded over-the-counter. Moreover, the Eurobond market is separated into sectors; the different bonds are classified taking account of the currency in which it is denominated. We can take this example to show what a Eurobond is. Firm headquartered in Scotland issues bond and increases capital in China denominated in Pound sterling. In this case, this is a Eurobond called Euro Sterling Bond. If the Scottish company issues bond in US Dollar in China, it is also a Eurobond called Euro Dollar Bond. In the United States, during the sixties, there was unfavorable tax regime in the bond market. Thats why, American companies started to issue US Dollar denominated bond outside their own country. Thus, the Eurobond market became widespread. The First Eurobond was issued in 1963. This market is still growing under development. Usually, the borrowers or investors in the Eurobond markets are large companies, international organizations or financial institutions and governments and not individuals. In order to raise funds, the governments or companies (the borrowers) can issue and sell bonds. Thus, they attract investors who want to deposit money. Each entity wins: the firms and the governments find money to finance their activities and the investors are repaid plus interest. Investors and issuers prefer to use the Eurobond markets for several reasons: The main reason why an issuer choice the Eurobond markets is that it is cheaper to obtain financing. Eurobonds are not subject to tax and largely free from government regulation. There is a great borrowing flexibility. Issuers can choice the country in which to sell their bonds. Thus, they choice countries where there is the least amount of constraints. They have to choice which country has the best bond legislation. In this manner, they can reduce their borrowings costs. That is why; obtaining financing on the Eurobond markets is cheaper than the other market. And, they can propose advantageous offers. Indeed, to attract investors, issuers have to offer investors the well-price financing (at least as competitive as those available in the long-term or equity markets in their own countries). Moreover, income investors are not subject to double tax (borrowing country and home country). Hence, the Eurobond markets give an investor a possibility of achieving a higher yield on investments (advantageous offers from issuers and less income tax). Thus, Eurobond market regulation also benefits investors. The Eurobond market is considered as extremely liquid. The liquidity of a bond depends on the ability to be bought or sold without price concessions investors usually require bond liquidity. The Eurobond markets have high liquidity because Eurobond trading takes place 24 hours a day worldwide. The Eurobond markets are easily accessible. Hence, the companies or others investors can obtain financing in an economy where financing is hard to obtain. Issuing Eurobonds gives companies wider access to the international market which they may normally not be able to access. Moreover, this wider access to the international market increases the international recognition for the companies. The international Eurobond market is composed of a wide range of investors. It is easy for the issuers to find investors who want to deposit money. Usually, some large firms issue Eurobonds to raise funds in order to set up a subsidiary abroad. Take a UK-based company for example. It wishes to establish its operations in China; the firm has to obtain Chinese Yuan for the operation. Therefore, the company must issue Eurobonds in Chinese Yuan which be sold to the buyers owning Chinese currency in another country than China. Thus, the company obtains Chinese Yuan by way of compensation of Eurobonds. Then, it gives money to its subsidiary qua  loan. In the future, the subsidiary will start making money. The latter will give its profit to reimburse the interest on the  loan  bore by the parent company. The fact of issuing Eurobonds gives the ability the parent company to reduce the risk. Indeed, the currency risk is avoided because its liability (Eurobond in Chinese Yuan) is brought into balance by its asset (loan  in Chinese Yuan), thereby, the firm will not be subject to modifications in the value of Chinese Yuan. When a bond is issued, investors name has to be registered when he buys the bond (registered form) either or the investor does not need to give his name, he can own directly the Eurobond (bearer form). Usually, the Eurobond markets us the bearer form because there is no central register. Thus, the buyer can keep his anonymity. Eurobond permits to keep investors identity hidden. It is a key characteristic for. Investors prefer to keep anonymity. And logically, instead of issuing shares to increase funds firms can use the Eurobond markets. In this manner, companies keep the whole control of it strategy. A Eurobond is a special bond. Indeed, it is not subject to regulations and constraints governments. Eurobonds are not traded on a specific national bond market. The Eurobond market is probably one of the most attractive bond markets for both issuers and investors. This is mainly due to the self-regulations and flexibility of this market. The issuer can reduce borrowing costs and find easily anywhere and anytime an entity which want to deposit money. The investor can achieve a higher yield on investments and keep his identity hidden. Today, the Eurobond market is the largest international bond market in the world.

Developing Positive Relationships for Child Wellbeing

Developing Positive Relationships for Child Wellbeing Recognise how positive relationships promote children’s well-being. Developing and maintaining positive relationships with parents and other professionals is imperative as children pick up on behaviours they have observed around them because are very impressionable and pick up on their surroundings. By professionals working together they can provide the best quality of service to children. Practitioners should build up a mutual trust and respect with all parties within an early year setting. Children observe the people around them behaving in various ways. This is in Individuals that are observed are called models. In society children are surrounded by many influential models, such as parents within the family, characters on children’s TV, friends within their peer group and teachers at school. These models provide examples of masculine and feminine behaviour to observe and imitate. (http://osclinks.com/624). There are many different relationships that need to be built within the early years setting. Children’s friendship- It’s important that children are encouraged to build friendships within an early years sitting this will allow them to feel more comfortable and enjoy learning and developing as individuals. Children are more confident when surrounded by other pupils as they are able to relate to them and build up a support system within their group of friends, this will help them develop into well rounded individuals and provide them vital skills for socialising which will help them later in life. Key worker relationship- Children should have a close relationship with their practitioners so they feel at ease knowing that they have someone they can trust and turn to, if a child feels comfortable with their key worker they will be able to go to them with any hardship they may feel, for example if a child is upset about anything within the setting they should be able to go to their key worker. Partnership with parents- The relationship between practitioners and parents is essential, communication is key between both parties and they will need to work closely in order to achieve the best possible outcome for all children. By practitioners and parents having a good relationship this makes it easier for the parents and children in being honest with each other. Parents will not feel at ease leaving their children unless they are completely satisfied and feel that the staff that their children are left with are honest and reliable. Vital information can be passed between parents and practitioners if there is a strong relationship and this will help with the development of the child should there be anything of concern that needs more attention, such as a child’s aversion to a certain toy due to fear. Colleague relationship- All the staff members within an early years setting need to have a good relationship in order to communicate and pass around information that is needed. For example when a key worker is not in for their shift, they will need to ensure that another staff member will need to be informed about the children’s needs that is in their care. All practitioners will need to trust each other in order to have an effective environment to work in. Multi-agency and integrated working- It’s essential that everyone working with the children and their families communicates well and understands their roles and responsibilities. A multi-agency is when professionals from different settings work together. A multi-agency approach is beneficial as professionals can share their information about the family’s needs with each other. It is fundamental that all professionals treat each other, parents and children with respect, make them feel welcomed and also comfort them if they are going through difficulties. A multi-agency is there to help parents and families through difficulties. An early years setting should cater for every parents needs as well as the children’s, for example if a parent has hearing impairments and can only communicate through sign language, it would be important to locate a key worker to their child who can use sign language if not have another member of staff that is able to sign. Also there may be parents to whom English will be their second language so to have someone interoperate will be necessary, this should be done both through verbal and written communication. Analyse the importance of the key worker system for children. A key person has the responsibility for working with a small number of children, giving them the reassurance to feel safe and cared for with the absence of their parents. At such an early age children are dependent on their parents, it is vital that the key worker develops a close relationship with their key children because they will be the first point of contact for the child and the family. Starting an early years setting can prove to be distressing for children, they are introduced to a new environment and new people this can be a lot to take in for children. Furthermore being left in the setting without their parents/guardians can result in the child experiencing separation anxiety, which can leave them feeling anxious, Erik Erikson, devised a theory of psychos social development. The first stage of his theory relates to children in their first years of life. Erikson believed that the quality of the care children in this age group receive depends on how well they develop trust in their carer. (Early Years Level 3-V1.0 page 32). In order for the practitioner to build trust with the child they will need to find out the child’s interest and know how to engage with them, make them feel comfortable, If a child is having difficulties settling in, they key worker should work alongside the child’s parents and have them in the classroom while the child can famili arise themselves with the setting and develop a bond with their key worker. If a child feels at ease with their key worker, it’ll help them become independent. Children’s independence is most obvious when they’re comfortable with their surroundings, such as when they are in their own home with family, or with friends and family and familiar carers such as a key person. (Practice Guidance for the Early Years Foundation stage) When the practitioner is first introduced to their key child they will usually lead the ‘settling in session’. This is the period where the parents get introduced to the key worker, this will give them a chance to discuss their child and any important information. This can vary from what the child can and cannot have to due to religious or health reasons, any medical problems and what procedures may need to be carried out, if the parents of the child are not in a relationship the key worker will need to be informed of the routine on who will collect the child on what day and who to contact in case of eme rgency. Some children may not respond well to settling in, many different circumstances can result in a child being distressed during this period. This is where the practitioner will have the duty to comfort them and make them feel at ease ‘Family linked in the literature to unemployment, divorce, financial difficulties and other stressors in family life, any and all of which can interfere with sensitive and consistent parenting’. (Child Development-Theory and Practice 0-11 Jonathan Doherty and Malcolm Hughes). Explain the benefit of building positive partnership with parents for children’s learning and development. One the most important relationship within an early years setting is the relationship between the practitioner and the parents, it is essential that they work together to achieve the best possible outcome for the child. Practitioners should regularly be communicating with the parents of their key child, this can be done in many different ways such as Open days, Parents evening, workshops and activities that involve the parents. It is imperative that every parent attend at open day, this will allow the parents to explore the environment their child will be in, get familiar with the staff in the setting, especially the key worker for their child. This will also allow the practitioner to familiarise themselves with the parent or carer of the child. All families are different some children may live with both or one of their parents, some may live with a foster parent or a carer or relatives and some with the same sex parents. This will give the practitioner an insight of the childâ€℠¢s background as well. Practitioners should consistently be communicating with the parents of their key children to ensure an effective way of working. For example if the child is struggling on a certain aspect of their activities in the classroom, the practitioner should discuss this with the parents and advise them on how to motivate and guide the child at home. Both the practitioner and the parent should concentrate specifically on bettering the skills of the child when approaching the activity that they may lack confidence in. Parents and practitioners can interlink to achieve a more productive and enthusiastic attitude from the child. A practitioner should welcome parents and inform them about all the activity is going to take place. If there any leaflets the practitioner has to give them to parents so that the parents are then aware of what is going on in the nursery. It is also very important that the practitioner and parents work as a team and provide a quality service for children for example if the teacher is planning out an activity for the children they can involve the parent in with the activity, as the parents have a better understanding of their children. They can work together and combine their knowledge in order to receive the best possible outcome for the children. It also paramount that practitioners respects all parents decisions on how they want to raise their child, practitioners should have a relationship where they can be open and honest with the parents but need to understand that the parents have the final say even though practitioners may not agree. Describe how to develop positive relationships within the early years settings, making reference to principles of effective communication. A multi-agency approach is beneficial as professionals can share their information about the family’s needs with each other. It is fundamental that all professionals treat each other, parents and children with respect, make them feel welcomed and also comfort them if they are going through difficulties. A multi-agency is there to help parents and families through difficulties. Professionals must respect parent’s spiritual beliefs, religion and accept them for who they are. Also ensuring there are no judgemental comments specified. A multi-agency is obliged to keep all information confidential and must remain between the professionals and parents and must not be discussed to an outsider. It is also important for practitioners to work together with the multi-agency team so they can identify the child’s needs through common assessments and then work together and take action on what services need to be provided to meet the child’s identified learning needs and in some cases some of the children’s needs cannot be met then they will have to decide what action needs to taken from there and then set a review date. In an early years setting it should be the staff’s main priority to have a good relationship with other settings such as doctor surgeries, social services, health visitors. Forming a relationship with external settings will allow the practitioners to communicate in any issues to achieve the best possible result, for an example, if a practitioner becomes aware of bruising on a child consistently and the parent is not responding to the practitioner’s concerns then they should consider contacting social services. As professionals it is required skill to understand and communicate with another member and share information for example if another organisation is offering some information then as a professional you are allowed to share it with individual, families, carers, groups and communities, it is a professionals job to make the parents feel comfortable with leaving their child in a child’s centre. Confidentiality is essential within the multi-agency team because the professionals have to keep the parents word confidential and make sure that they do not break the confidentiality policy. The EY requires that, ’confidential information and records about staff and children must be held securely and only accessible and available to those who have a right or professional need to see them’ By remaining professional and having good communication with everyone that has a part in the child’s life or development is essential. Confidentiality policy has to be maintained by a ll care setting practitioners. If parents are to be spoken to about their child’s progress or needs, then this must take place in a separate room to maintain confidentiality. Personal information about the children should not be left in an area where others can have access to it. However if information is to be breached the practitioner must ask the parents if they can pass this information on. A practitioner should always strive for high standards of care by following policies and procedures. The EYFS states the positive relationships and parents as partners. The practitioner should respect and achieve the best of their ability to provide a safe and welcoming environment.

Social Contract Theory and the Nature of Society, Rules and Morality Es

Social Contract Theory and the Nature of Society, Rules and Morality Social contract theory is a philosophy about the nature of morality and the origins of society. Its adherents believe â€Å"social organization rests on a contract or compact which the people have made among themselves† (Reese, 533). This concept was first articulated by the Sophists, who said societies are not natural occurrences but rather the result of a consensus of people (Reese 533). Plato expresses these ideas in The Republic when he says that society is created to meet human needs (Encyclopedia 1). Various other philosophers, including Thomas Aquinas, William of Ockham, Marsilius of Padua, and Richard Hooker, incorporated the concept of a social contract in their applications to political theory (Encyclopedia 1). None of these philosophers, however, made the social contract their primary focus. They included the theory as just one component of their main philosophies. It wasn’t until much later that social contract theory was developed as a unique and sep arate philosophy. The 17th Century British...

Entrepreneur Essay -- Entrepreneurial Theories

The analytical framework above reveals the personality attributes that make an individual become an entrepreneur and the attributes are illustrated from conception to the end process. It is made up of a combination of entrepreneurial theories that allude to the psychological traits of an individual. A variety of entrepreneurial theories will be used to explain the framework. Conception of the personality attribute of an entrepreneur is the will to establish a kingdom, followed by the need for achievement, then internal locus of control closely followed by non-conformist and finally the culmination of all the personality attributes lead to an entrepreneur. According to Goss (2005), Joseph Schumpeter suggested that one of the psychological traits of an entrepreneur is the ‘will to establish a private kingdom’. This is not only a personality attribute but it is a form of entrepreneurial motivation that can be found in entrepreneurs and individuals who might become entrepreneurs. In the framework above, it is highlighted as the first stage of one of many personality traits attributed to entrepreneurs. Goss (2005) argued that Schumpeter’s entrepreneurial motivation with regards to the will to establish a private kingdom’ is focused on an individual gaining and losing social status i.e. the motive is one gains power which protects one from the feelings of shame. Goss (2005) views Schumpeter’s three entrepreneurial motives from a sociological prism and not a psychological one. After much examination of Schumpeter’s writings, Goss (2005) arrived at the conclusion that social interaction and emotions are key variables in entrepreneurial actions. Also, Barnes (2000) views the motives from a sociological prism and argues otherwise that ... ...personal resources. Kets De Vries (1977) argues that entrepreneurs are ‘anxious individuals, who are non-conformist, poorly organised and not a stranger to self-destructive behaviour’. The attribute of non-conformist can be applied to Victoria yet the characteristics of poor organisation or self-destructive behaviour cannot be applied to Victoria as she does not portray these personalities. Although Victoria reveals she has an inner direction with self-reliance, she does not neglect interpersonal relations with her family, work colleagues and clients. Overall, the dream to establish a private kingdom, a high need for achievement, internal locus of control and non-conformist behaviour all contribute towards the personality attributes of an entrepreneur. In conclusion, entrepreneurs need to possess a high need for achievement and a high internal locus of control.

Death of Mrs. Mallard

Causes of Mrs. Mallards Death After reading Kate Chopin’s â€Å"The Story of an Hour†, readers are left in wonder as to what ultimately resulted in the death of Mrs. Louise Mallard. While the very end suggests heart disease as the culprit, further analyzation of the story points towards a few other, deeper and slightly more complex causes. The first thing we learn about Mrs. Mallard is that she has heart trouble. This heart trouble turns is both mental and physical and is both within her body and the relationship with her husband, Brently Mallard. Her heart trouble is what makes the announcement of Brently’s death so threatening to her.Someone that has a weak heart would not be able to deal very well with such news. Therefore, the fact that Mrs. Mallard has heart problems proves to be a significant cause of her death. Another contributing factor in Mrs. Mallard’s death may have been the reporting of her husband’s death. Mrs. Mallard’s sister, Josephine, announces that Brently was killed in a train accident. Mrs. Mallard’s reaction is not the same as a normal woman’s would be â€Å"with a paralyzed inability to accept its significance†. Instead, she weeps immediately, afterwards retiring to her own room. The news of Brently’s death reveals to Mrs.Mallard her freedom from the oppression she probably experienced while married to Brently. The good intentions of Josephine might be another cause of Mrs. Mallard’s death. Josephine is the person who informs Louise of the bad news. Josephine tells Louise in broken sentences. Later, after Louise retires to her room, it is Josephine who is trying to check up on her, interrupting Louise’s realization and enjoyment of her newly found freedom. Together, they go downstairs, to Brently’s unexpected return and Louise’s death. The fact that Mrs. Mallard has heart trouble has an effect on the way that others have to treat her.Josephi ne’s awareness of her sister’s condition may have caused her to try and be as gentle as possible when informing Mrs. Mallard, but still contributed to breaking her unintentionally anyways. The emotional rollercoaster that Mrs. Mallard is thrown on is probably one of the bigger factors in her death. The news of her husband’s death is the first big drop on the ride. It is a huge shock to Mrs. Mallard. She grieves, but then retires to her room alone where she goes into deep thought. This is where she discovers that she is a free body and soul from marriage and her husband. Her newly found independence is forbidden to her initially.She tries hard to fight joy that came with her realization because she feels guilty. Then, she begins to embrace it. She is elated and exits her room with a new perspective on the matter. She comes downstairs to the return of her very not dead husband and is again shocked and faced with another huge drop. These high ups and low downs are emotionally tiring to Mrs. Mallard. They are not any help to the fact that she has a weak heart. The biggest cause of Mrs. Mallard’s death is when Brently returns. She has already come to terms with Brently’s death and is looking positively towards her new future as a free woman.She finds joy in this and Brently’s return rips her freedom away from her, resulting in her death from not joy itself, but rather the loss of joy from losing the freedom she was so fond of. There were many causes that went into Mrs. Louise Mallard’s death. Her heart condition, the news of her husband, Brently Mallard’s, death, her sister’s good intentions, the emotional rollercoaster, and her sudden loss of freedom all add up against Mrs. Mallard. In the end, Mrs. Mallard wasn’t strong enough to handle all of these ups and downs.

Osteogenisis Imperfecta

Osteogenisis imperfecta (OI) is â€Å"a rare genetic disorder of collagen synthesis associated with broad spectrum of musculoskeletal problems, most notably bowing and fractures of the extremities, muscle weakness, ligamentous laxity, and spinal deformities.† (Binder, 386). Other collagen-containing extraskeletal tissues, such as the sclerae, the teeth, and the heart valves are also affected to a variable degree. OI has a â€Å"common feature of bony fragility associated with defective formation of collagen by osteoblasts and fibroblasts.† (Smith, 1983, 13) This disease, involving defective development of the connective tissues, is usually the result of the autosomal dominant gene, but can also be the result of the autosomal recessive gene. Spontaneous mutations are common and the clinical presentation of the disease remains to be quite broad. (Binder, 386) OI is most commonly referred to as â€Å"brittle bones†, but other names include: fragilitas ossium, hypolasia of the mesenchyme, and osteopsathyrosis. Osteogenisis imperfecta is still not completely understood, and while there have been advances in diagnosing the disease, treatment is still limited. Osteogenisis imperfecta is the result of mutations in the genes for type I collagen. In the mild dominantly inherited form of OI (type I), † a non-functional allele for the alpha 1 (I) chain halves collagen synthesis,† (Smith, 1995, 169) and is largely responsible for the inheritance. Single base mutations in the codon for glycine causes lethal (type II) OI by wrecking the formation of the collagen triple helix. Types III and IV are the â€Å"less dram- atic outcomes of similar glycine mutations in either the alpha 1 (I) or the alpha 2(I) chains.(Smith, 1995, 169) The clinical signs can be caused from defective osteoblastic activity and defective mesenchymal collagen (embryonic connective tissue) and its derivatives, such as sclera, bones, and ligaments. The reticulum fails to differentiate into mature collagen or the collagen develops abnormally. This causes immature and coarse bone formation and thinning. (Loeb, 755) The signs and symptoms of OI vary greatly depending on the type. The most commonly used classification is the Sillence (type I to IV): Type I is the mildest form of OI and is inherited as an autosomal dominant trait. The sclerae(middle coat of eyeball) is distinctly blue. Type I is broken down into IA and IB — the difference being whether dentinogenesis is present. IA has a life expectancy nearly the same as the general public. The physical activity is limited, and may appear to have no disability at all. The bones have a mottled or wormian appearance, forming small islands. (Isselbacher, 2111) Type II is lethal in utero or shortly there afterbirth. The survivors live from just a few hours to several months. The kayotypes of parents are usually normal. This type is broken down into three subgroups: IIA is characterized by a broad, crumpled femora and continuos rib beading, IIB by minimal to no rib fractures, and IIC by a thin femora and ribs with extensive fracturing. While in the uterus, there is poor fetal movement, low fetal weight, poor ossification of the fetal skeleton, hypoplastic lungs, the long bones of the upper and lower limbs are shortened or deformed, and the head is soft. Intrauterine fractures occur, and parinatal death is usually from intracranial hemorrhage due to vessel fragility or respiratory distress from pulmonary hypoplasia. The bones and other tissues are extremely fragile, and massive injuries occur in utero or delivery. The ribs appear beaded or broken and the long bones crumpled. (Isselbacher, 2111) Type III and IV are intermediate in severity between types I and II. Type III differs from I in its greater severity, and from IV in that it increases in severity with age. It can be inherited as either a autosomal recessive or dominant trait. The sclerae is only slightly bluish in infancy and white in adulthood, although the average life expectancy is 25 years. Type IV is always dominant. With types III and IV multiple fractures from minor physical stress occurs leading to progressive and severe deformities. Kyphoscoliosis may cause respiratory impairment and predisposition to pulmonary infections. â€Å"Popcorn-like† deposits of mineral appear on the ends of long bones. (Isselbacher, 2111) The symptoms of OI tarde (types I, III and IV) can appear when the child begins to walk, and lessens with age. The tendency to fracture decreases and often disappears after puberty. Later in life, particularly during pregnancy and after menopause, more fractures occur. The bones are usually slender with short, thin cortices and trabeculae (fibers of framework), but can also be unusually thin. (Smith, 1983, 136) Narrow diaphysis of the long bones contributes to the fractures and bowing deformities. Scoliosis is common. The haversian cells are poorly developed. The bones lack minerals needed to form bone matrix. Epiphyseal fractures (end of the bone) results in deformities and stunted growth (dwarfism). Osteopenia, the decrease in bone mass, is symptomatic. Other signs of OI include hyperextensibility of the joints — double-jointedness– and abnormally thin, translucent skin. Discolored (blue-gray or yellow-brown) and malformed teeth which break easily and are cavity prone are found in patients Patients with OI have a triangular-shaped head and face, a bilaterally bulging skull, and prominent eyes with a wide distance between the temporal region. (Loeb, 755) Hearing loss by the age of 30-40 is the result of the pressure on the auditory nerve because of the deformity of its canal in the skull, and the development of otosclerosis. Recurrent epistaxis (nosebleeds), bruising and edema (especially at the sight of fractures), difficulty tolerating high temperatures and mild hyperpyrexia are other symptoms. Thoracic deformities may impair chest expansion and the ability to effectively breath deeply and cough. (Loeb, 755) Patients are also more susceptible to infection. In assessing a patient data is needed about the genetic history and birth of the child, as well as a complete development assessment from birth. Vital signs are taken, and periods of increased heart and respiratory rate and elevated body temperature are note- worthy. Skin should be examined for color, elasticity, translucency, and signs of edema and bruising. A description of position and appearance of a child†s trunk and extremities and facial characteristics should be noted. The height of the child in terms of expected growth, signs of scoliosis or laxity of ligaments, and range of motion of the joints are all important. Sight and hearing should be tested since there are sensory problems associated with OI. The appearance of the sclerae and tympanic membranes and defects of primary teeth and gums are important. (Jackson, 1699) X-rays usually reveal a decrease in bone density. â€Å"There is no consensus, however, as to whether the diagnosis can be made by microscopy of bone specimens.† (Isselbacher, 2112) DNA sequencing and incubating skin fiboblasts are two ways help diagnose OI. Prenatal ultrasonography is used to detect severely affected fetuses at about 16 weeks of pregnancy. Diagnosis of the lethal type II by ultrasound during the second trimester of pregnancy is by the identification of fractures of the long bones. Compression of the fetal head is seen by ultrasound probe, and low echogeneity of the cranium can be signs of skeletal dysplasia (faulty development of the tissues). Diagnosis is confirmed by postmortem examination including radiography and biochemical studies of cultivated fibroblasts from the fetus. (Berge, 321) Diagnosis by analyzing DNA sequencing can be carried out in chronic villa biopsies at 8-12 weeks. There is no known treatment of OI at this time. Treatment therefore is predominantly supportive and educational. Because of multiple fractures and bruising, it is important to diagnose this disease in order to prevent accusations of child abuse. Treatment of fractures is often challenging because of abnormal bone structure and laxity of the ligaments. Splinting devices are used to stabilize the bones and to protect against additional fractures. Treatment aims to prevent deformities through use of traction and/or immobilization in order to aid in normal development and rehabilitation. Limb deformities and repeated fractures can be corrected by intramedullary rods — telescoping rods that elongate with growth. After surgical placement of the rods, extensive post- operative care is required because greater amounts of blood and fluid are lost. (Loeb, 755) It should be noted that the healing of fractures appear to be normal. (Isselbacher, 2112) Braces, immobilizing devices and wheelchairs are necessary. Physical therapy is important in the treatment of OI. Bone fracture density in unfractured bone is decreased when compared with age-matched controls due to limited exercise, so it is essential to stay as active as possible. Physical therapy is also used for strengthening muscle and preventing disuse fractures with exercises with light resistance, such as swimming. Regular dental visits are necessary to monitor the teeth. Monitoring by opthalmol- ogists for vision and audiologits for hearing is also essential. Radiologists need to examine the structure and density of the bones, and an orthopedist is needed to set fractures and take care of other bone related problems. Counseling and emotional support is needed for both the patient and the family. It is important not to limit a child because of his/her disabilities, and to realize that many victims of this disease live successful lives. Debrah Morris, a successful business woman, and active fighter for disability rights and helping other patients of OI, says, â€Å"If I had the choice to be anyone in the world, I would be exactly who I am. The people I have met, the challenges I have faced, the opportunities that I have been presented — all are directly related to dealing with being a little person with brittle bones.† (Kasper, 53) Many of the symptoms of OI can be confused with those of a battered child. X-rays are used to show evidence of old fractures and bone deformities to distinguish the difference. The Osteogenesis Imperfecta Foundation (OIF) has is a national support group that offers assistance to families in this position and to increase public awareness. The OIF has a medical advisory council, chapters, support groups, regional meetings, biennial national conferences, and parent contacts to help families feeling alone and helpless. They also publish a newsletter, provide literature and videos about OI, and sponsors a fund to support research. Magnesium oxide can be administered to decrease the fracture rate, as well as hyperpyrexia and constipation associated with this condition. (Anderson, 1127) A high-protein, high-carbohydrate, high-vitamin diet is needed to promote healing. A growth hormone has also been administered during childhood, and is shown to substantially increase growth. Treatment with bisphosphorates and related agents has been discussed to decrease bone loss, but no controlled studies have been done. (Isselbacher, 2113) Since there is no cure for oseogenesis imperfecta, appropriate and properly timed rehabilitation intervention is of the utmost importance to ensure that the child is able to function to the best of his/her ability in society. A ten year study that was submitted in 1992 proves this. 25 of 115 children with severe OI were observed since birth or infancy at the National Institutes of Health, MD and the Skeletal Dysplasia Clinic at the Children†s National Medical Center in D.C. One was Type I, two Type II, nine Type III, and thirteen Type IV. They were classified by physical characteristics and functional capacity: Group A consisted of those who were severely dwarfed with large heads and marked bowing , contractures, and weakness of extremities. The highest functional skill expected was independent sitting. Group B was growth deficient, but with a normal sized head. Femoral bowing, scoliosis, and contractures of the hip flexors were characteristics. they were expected to stand and/or ambulate with braces. Group C were less growth deficient, and had good strength, but poor endurance. They had marked joint laxity and poorly aligned lower extremity joints, but were ambulators. (Binder, 386-387) Group A patients were the most severely involved. Most were basically sitters. The majority were totally dependent in their self care. Group B had the potential to become at least short-distance ambulators. These patients had acquired the ability to move to sitting, but had transitional moving problems, such as sitting to standing. All were part- ially independent in their self care. Group C had antigravity strength and 50% had good strength in their extremities. All were physically active and age-appropriately independent, but none were good long-distance walkers. (Binder, 387-388) Progressive rehabilitation of these groups all included posture exercises and active range of motion and strengthing exercises. Group B had additional ROM and posture exercises, as well as Developmental exercises. Group C added coordination activities. Conclusion, â€Å"Management of patients with OI should address the child†s functional needs. Even though the degree of disability may be severe, management should not be limited to orthopedic procedures and bracing. Treatment planning should be considered, but not totally based on genetic, anatomical, and biochemical abnormalities. Our experi- ence suggests that clinical grouping based in part on functional potential can be useful in the appropriate management of children with OI.†(Binder, 390) Independence was stressed in this study, and even patients with limited sitting ability, upper extremity function can be improved to at least minimal independence in self-help skills. Potential ambulators should be helped because, although their ability might not progress past indoor ambulation, walking will make them more independent and may result in increased bone mineralization. Poor joint alignment, poor balance, and low endurance can all be improved with persistent, individualized physical and occupational therapy. For best results, therapy should be started as soon after birth as possible. Mainstreaming school aged children is also important. All of this together leads to â€Å"age-appropriate social development and markedly improved independence and quality of life in the majority of patients.†(Binder, 390) Osteogenesis imperfecta is the most common genetic disorder of the bone. It occurs in about 1 in 20,000 live births, and is equally prevalent in all races and both sexes. The Type I OI has a population frequency of about 1 in 30,000. Type II has a birth incidence of about 1 in 60,000. Types III and IV are less common and may be as high as 1 in 20,000. (Isselbacher, 2111) The occurrence of OI in families with no history or blue sclerae is about 1 in 3,000,000 births.(Smith, 1995, 171) The recurrence risks in families is estimated to be 6 to 10%, but is only estimated because most couples choose not to have any more children. 15 to 20% of patients with OI do not carry the gene for abnormal collagen, making many wonder if there is yet another genetic problem undiagnosed at this time.(Smith, 1995, 172)

Public transport Essay

The rising levels of congestion and air pollution found in most of the world cities can be attributed directly to the rapidly increasing number of private cars in use. In order to reverse this decline in the quality of life in cities, attempts must be made to encourage people to use their cars less and public transport more. Discuss possible ways to encourage the use of public transport. You should write at least 250 words. In a world of increasing environmental awareness improved public transport represents the way of the future. Although people do enjoy the convenience and privacy of traveling in their own private vehicles, in my opinion they may choose public transport if it fulfills certain conditions. These conditions fall into three broad categories: attitudinal, financial and logistical. From an attitudinal perspective, people must first be convinced of the benefits of public transportation. An educational or public relations campaign must be launched to sensitize those who might have disregarded this possibility before. People should be familiarized with the environmental, social and personal benefits for present and future generations. This is one step. From a financial perspective, public transportation must be a clear and viable benefit to consumers. In other words, it must be more affordable than driving to work every day. For example, if people know that by using bus and subway, they can save enough money to take a free holiday each year, many more individuals would be persuaded to travel in this way. This is another critical step. From a logistical perspective, public transportation should be convenient for commuters. City planners and transport officials must ensure that frequent and reliable public transportation is available for each citizen. For people to make the habit of traveling by bus or subway, they must know that they will be able to get to various places on time. Transport vehicles must be well maintained, subway and bus drivers should be customer-oriented and service must be punctual and efficient. This is an additional important step. In conclusion, through a multi-pronged approach, it is possible to increase the use of public transportation. City officials and politicians can lead the way by utilizing these forms of transport themselves and bringing about change through personal example. Then, more citizens will follow suit and we may all hope to live in a cleaner, less polluted environment.

American Revolution Vs. French Revolution

A revolution is defined as an overthrow or repudiation through replacement of an established government or political system by the people governed. While there have been numerous revolutions throughout the course of history, the two most arguably prominent revolutions remain to be the American Revolution and the French Revolution. Thus, this discourse will show an analysis of the two revolutions by comparing and contrasting them with one another. In order to be able to do this, it is important to first understand the motives behind each revolution.Then, the main differences and similarities between these two revolutions will be explained. Lastly, I will be concluding this discourse by stating the relevance of its implications to this very day. American Revolution and the French Revolution For centuries humanity has been both a witness and a player in the countless wars and battles that have encapsulated this world. The reason and justifications for these conflicts are countless in nu mbers. There are revolutions waged for power. There are also wars fought for wealth.There are battles engaged for territory. There are even struggles and encounters over love. Amidst all of these rationales or excuses most people have in order to fight, the most admirable and morally justified are those revolutions fought for freedom. Sometimes, when looking at the world from a certain perspective, people realize that each society and each person fight a constant never-ending struggle. Each one may fight to live, to survive, to be successful, to be accepted, to be loved, to be trusted and most important of all, to be freed.Freedom, no matter how brief or insignificant it may seem, can thoroughly change a person and a country forever. A lot of people know and accept this by heart because of their beliefs and because of history. Therefore, it is the essence of this discussion to set the spotlight on the American and French revolutions which paved the way in rewriting and redefining th e very notions of freedom and oppression in the world. The American Revolution The American Revolution was movement that effectively ended British Control and signalled the birth of a new nation, the United States of America.While the precise beginnings of the American Revolution remain highly debated, there are many reasons behind the revolution. One of the primary factors that prompted the American Revolution was the growing support for the political ideology of â€Å"republicanism†, which basically became the goal for most colonists during that time (Palmer, 1959). The taxes that the British Crown levied upon America also added to the growing resentment against the crown and strengthened the â€Å"republican† ideals of overthrowing corruption and the unjust government.Another major reason why the American Revolution started was because of the fact that the British were not including the Americans in the decisions that were being taken for the taxation proceeds from the citizens or the Americans who felt that they were not being asked to participate in important decisions (Blanco 757). The seeds for revolt were planted by the resentment at the non-inclusion at the decision making process given the fact that the Americans felt that they made significant contributions to the coffers of the British.At this point in time, the American colonies lacked any form of representation in the governing British Parliament (Greene 831). As such, many of the colonists felt that these new series of tax laws were illegitimate and therefore refused to honor them. America, at this point, was willing to wage war in order to be properly represented and to be allowed to take part in the decision making process (Blanco 757). It had now become a common sentiment among the Americans that there were so many things that they felt had to be done but were left unresolved due to their exclusion.America went to war not to prove that they were stronger but rather they went to war in order to set things right. America wanted to help the people in living an unsuppressed life and this was why they fought for independence. As history clearly reveals, the American Revolution was a successful one as it was a manifestation of the right of people to overthrow unjust and oppressive rulers and governments (Wood, 1993). The success of the American Revolution became an example of the first successful revolution against a European empire. It gave other colonies a model breaking away and become self-governing nations (Palmer, 1959).The French Revolution The French Revolution was a major turning point in European History as it signalled the end of aristocracy and marked the age of western Democracy. The citizens of a nation were no longer to be regarded as servants but as a dominant political force in determining policies of a nation (Doyle, 2002). There are many interrelated causes for the French Revolution. Perhaps among the most obvious cause was the rising ambition of bourgeoisie class who were allied with the lower class folk in their attempt to overthrow what was then perceived as an oppressive monarchy in France during that period (McPhee, 2002).With the hardships that the peasant class experienced during those times, the bourgeoisie was easily able to manipulate them and gain their support. The fiscal crises that ensued due to the insolvency of the French monarchy led to massive poverty and hunger in France and further attempts to remedy the situation by imposing higher taxes finally caused the lower classes to overthrow the rulers of France (Doyle, 2002). This was based on the economic issues that were attributed to the monarchy and its governance in society.Louis XV was engaged in numerous wars with other countries. These wars sucked the wealth of the country in providing for the costs of war. This therefore led to the bankruptcy of France. In effect, the taxes were raised higher to the discontent of the people. Moreover, there are also those who attribute part of the economic problems to Marie Antoinette who wasted the money of France in indulging herself needlessly while the country was suffering from famine and poverty. It was quite evident in that the country was in trouble.There was a high rate of unemployment while diseases and famine were lurking around the sidelines. This constantly increased at an alarming rate, the number of people living in starvation. This was further aggravated and multiplied because of the failure of Louis XVI to deal with these problems when his reign had come. Socially, there are also numerous factors that influenced the French Revolution. There was the vast resentment of royal absolutism. This further led to having negative sentiments against the professional and mercantile classes with regard to the bias noble and certain classes had.In addition to this, the privileged church became richer and richer while the poor and impoverished had less and less. The church exploited their po wer and influence in society at the expense of the citizens. Comparison between the French and American Revolutions The most striking difference between the French Revolution and the American Revolution is the impact that the revolution made on the course of history. The French revolution was basically an overthrow of an already existing regime (Doyle, 2002).The French were not subjugated or conquered people unlike the American colonists who were considered as such. The American Colonists had already retained an independent identity apart from being part of the British Crown (Wood, 1993). The French revolutionists, on the other hand, were part of France, citizens who wished to implement change in the ruling system in their attempt to alleviate their plight. The other distinct characteristic between these two revolutions is the motivation or reason behind the revolution and the goals that each revolution sought to accomplish.The American Colonists sought independence from the British Crown and to remove all oppression and corruption that they faced (Wood, 1993). The French revolutionists sought to implement change in the system and to overthrow the ruling class in France. The French revolution was not a fight for independence but rather a movement against oppression (Doyle, 2002). In terms of the manner in which the revolutions were made, the two countries differ oppositely. The French â€Å"rebelled† according to the exact nature and essence of the word itself.The French stormed the castle and established their own rule. On the other hand, the American dealt with the British government differently. First, they tried to negotiate with England. However, outcome of this negotiation with England came no productive conclusion. England simply ignored this which actually paved the way for the declaration of independence by America. But England did not respect this declaration and kept on meddling in the lives of the Americans. Thus, the war of the American Rev olution began.From a theological point of view, the two revolutions also are in contrast with one another. As mentioned earlier, the French violently rebelled immediately while the Americans first tried to negotiate peacefully. First of all, the Americans pursuit and struggle for independence was done through the guidance of moral values and influence of God. They sought to foster a way to achieve their independence without having to shed blood. While on the other hand, the French way was radically different. Their method was fuelled by an invigorating hate and resentment towards their oppressors.They executed anyone who had any affiliation with the aristocracy establishing a revolution of godlessness. In the context of revolution as an overthrow or repudiation and through replacement of an established government or political system by the people governed, it must be said that while the goals they sought to accomplish were different, both the American Revolution and the French Revol ution were truly revolutions. The American Revolution sought the overthrow of the British system and independence from the so called â€Å"colonizers†.Under the context of revolution as it is understood in class, this is a real revolution. The French Revolution is also a real revolution because it was mainly an uprising against the oppressive ruling class in France at that time. It must be pointed out however that had the French Revolution been carried out on a smaller scale and as against specific pillars of authority and power within the French political system, then it could have been properly considered as a rebellion instead.The French Revolutionists sought to change the established political system to improve their situation. Conclusion In conclusion, a revolution, in the real sense of the word, is any act or series of acts in an attempt to overthrow or repudiate an established government or political system by the people governed through replacement of the ruling class . Both the American Revolution and the French revolution possessed the same goals, the overthrow and repudiation of existing governments or political systems.A difference that may be made without deterring from the context of the word revolution as used is to classify the American Revolution as a revolution on a larger scale and as against a foreign government and the French Revolution as a revolution that seeks to overthrow the unjust and oppressive government. The societies in the world are greatly influenced by these two significant events. They remain as the lessons or guidelines that shape the way countries and governments deal and administrate those under their rule.Moreover, these events have been a model even to those individuals who have crazy, greedy and insatiable ambitions of acquiring power and wealth at the expense of other people. References: Blanco, Richard. The American Revolution: An Encyclopedia 2 vol (1993), 1850 pages Carnes, M. C. , & Garraty, J. A. (2006). The American nation: A History of the United States. Central Texas College Edition. Boston: Pearson. Doyle, W. (2002) Oxford history of the French Revolution, 2nd ed. , Oxford: Oxford University Press Greene, Jack P. and J. R. Pole, eds.The Blackwell Encyclopedia of the American Revolution (1994), 845pp; emphasis on political ideas; revised edition (2004) titled A Companion to the American Revolution. McPhee, P. (2002) The French Revolution, 1789-1799, Oxford: Oxford University Press. Palmer, R. (1959) The Age of the Democratic Revolution: A Political History of Europe and America, 1760-1800. vol 1. Wood, G. (1993) The Radicalism of the American Revolution: How a Revolution Transformed a Monarchical Society into a Democratic One Unlike Any That Had Ever Existed. Alfred A. Knopf.

Legal Business Studyguide

Legal 2 Test 2 Studyguide Sole Proprietorships the simplest form of business organization. Sole proprietorships are the most common form of business organization in the US. Major advantages: * Forming a sole proprietorship is easy and does not cost a lot. * The owner has the right to make all management decisions concerning the business, including those involving hiring and firing employees. * The sole proprietor owns all of the business and has the right to receive all of the business’s profits. A sole proprietorship can be easily transferred or sold if and when the owner desires to do so; no other approval (such as from partners or shareholders) is necessary. Disadvantages: * The sole proprietor’s access to the capital is limited to personal funds plus any loans he or she can obtain * The sole proprietor is legally responsible for the business’s contracts and the torts he or she or any of his or her employees commit in the course of employment. Creating a sole proprietorship is easy. There are no formalities, and no federal or state government approval is required.A sole proprietor bears the risk of loss of the business. In addition, the sole proprietor has unlimited personal liability. Therefore, creditors may recover claims against the business from the sole proprietor’s personal assets (e. g. , home, automobile, bank accounts). A sole proprietorship is not a separate legal entity, so it does not pay taxes at the business level. Instead, the earnings and losses from a sole proprietorship are reported on the sole proprietor’s personal income tax filing. A sole proprietorship business earns income and pays expenses during the course of operating the business.A sole proprietor has to file tax returns and pay taxes to state and federal governments. For federal income tax purposes, a sole proprietor must prepare a personal income tax Form 1040 U. S. Individual Income Tax Return and report the income or loss from the sole propri etorship on his or her personal income tax form. The income or loss from the sole proprietorship is reported on Schedule C (Profit or Loss from Business), which must be attached to the taxpayer’s Form 1040. Vernon v. Schuster The father dies and the son takes over the sole proprietorship. Vernon had a warranty while the father was alive, and he warranty was broken because the product had failed so he wanted money from the son who took over the job. The court ruled that the son had formed a new sole proprietorship and was not liable for his father’s warranty. Partnerships a voluntary association of two or more persons for carrying on a business as co-owners for profit. Partners are personally liable for the debts and obligations of the partnership. Formation four criteria to qualify as a general partnership: * As association of two or more persons * Carrying on a business * As co-owners * For profitAn agreement to share losses of a business is strong evidence of a gener al partnership. It is compelling evidence of the existence of a general partnership if a person is given the right to share in profits, losses, and management of a business. A limited partnership agreement may specify how profits and losses from the limited partnership are to be allocated among the general and limited partners. General partnerships do not pay deferral income taxes. Instead, the income and losses of partnership flow onto and have to be reported on the individual partners’ personal income tax returns. This is called â€Å"flow-through† taxation.A new partner in a general partnership takes on all of the liabilities and responsibilities that the original partners have. Zuckerman v. Antenucci A woman’s child was born with severe physical problems. During her pregnancy, she was treated by Dr. Pena and Dr. Antenucci. She brought a medical malpractice suit against both doctors. The jury (trial court) found that Pena was guilty of medical malpractice but Antenucci was not. The Supreme Court found both doctors to be dually liable. Limited Partnerships a type of partnership that has two types of partners: (1) general partners and (2) limited partners.Two types of partners: * General partners partners in a limited partnership who invest capital, manage the business, and are personally liable or partnership debts. * Limited partners partners in a limited partnership who invest capital but do not participate in management and are not personally liable for partnership debts beyond their capital contributions. Once a limited partnership has been formed, a new limited partner can be added only upon the written consent of all partners, unless the limited partnership agreement provides otherwise.New general partners can be admitted only with the specific written consent of each partner. Uniform Partnership Act In 1914, the National Conference of Commissioners on Uniform State Laws promulgated the UPA. The UPA codifies general partnership law . Its goal was to establish consistent partnership law that was uniform throughout the US and has been adopted by 48 states. Fictitious names A general partnership must file a fictitious business name statement –d. b. a. (doing business as) –with the appropriate government agency to operate under a trade name. Kemmier Memorial Foundation v.Mitchell Davis and Mitchell formed a general partnership to purchase and operate rental properties for investment purposes. They entered into an agreement that provided that only Davis, and not Mitchell, would be personally liable on the note to the Foundation. They did not inform the Foundation of this agreement. They defaulted on a note, so the Foundation sued the partnership and both partners to recover on the note. The Supreme Court of Ohio held that both partners were jointly liable on the note. Corporations the most dominant form of business organization in the US, generating over 85 percent of the country’s gross busine ss receipts.Owners of corporations are called shareholders. Incorporation select a state, select a corporate name, incorporators, pre-incorporation contracts, articles of incorporation, purpose of a corporation, registered agent (often attorneys), corporate bylaws, corporate seal, organizational meeting of the board of directors. Purpose of a Corporation: * General-purpose clause allows the corporation to engage in any activity permitted by law * Limited-purpose clause stipulates the specific purposes and activities that the corporation can engage in. Shareholders have only limited liability.They are liable only to the extent of their capital contributions and do not have personal liability for the corporation’s debts and obligations. Nature of the corporation: * Separate â€Å"legal entity† for most purposes * Limited liability of shareholders * Free transferability of shares * Perpetual existence * Centralized management * Double taxation Nonprofit Corporation formed for charitable, educational, religious, or scientific purposes. Although nonprofit corporations may make a profit, they are prohibited by law from distributing this profit to their members, directors, or officers.The Model Nonprofit Corporation Act, which governs the formation, operation, and termination of nonprofit corporations. Professional Corporation a corporation formed by lawyer, doctors, or other professionals. Promoter a person or persons who organize and start a corporation, negotiate and enter into contracts in advance of its formation, find the initial investors to finance the corporation, and so forth. Registered Agents a person or corporation that is empoyered to accept service of process on behalf of a corporation.Incorporator the person or persons, partnerships, or corporations that are responsible for incorporation of a corporation. Bylaws a detailed set of rules adopted by the board of directors after a corporation is incorporated that contains provisions for mana ging the business and the affairs of the corporation. Organizational Meeting a meeting that must be held by the initial directors of a corporation after the articles of incorporation are filled. Articles of Incorporation the basic governing document of a corporation.It must be drafted and filed with, and approved by, the state before the corporation can be officially incorporated. Must include: * The name of the corporation * The number of share the corporation is authorized to issue * The address of the corporation’s initial registered office and the name of the initial registered agent. * The name and address of each incorporator Debt securities securities that establish a debtor-creditor relationship in which the corporation borrows money from the investor to whom a debt security is issued.Notice of a Shareholders’ Meeting A corporation is required to give the shareholders written notice of the place, day, and time of annual and special meetings. For a special meeti ng, the purpose of the meeting must also be stated. Only matters stated in the notice of a shareholders’ meeting can be considered at the meeting. Special Shareholders’ Meetings Meetings of shareholders that may be called to consider and vote on important or emergency issues, such as a proposed merger or amending the articles of incorporation.Proxy a shareholder’s authorizing of another person to vote the shareholder’s shares at the shareholders’ meetings in the event of the shareholder’s absence. Quorum required number of individuals that must be represented for voting, meetings, etc. Record Dates a date specified in corporate bylaws that determines whether a shareholder may vote at a shareholders’ meeting. Cumulative Voting a system in which a shareholder can accumulate all of his or her votes and vote them all for one candidate or split them among several candidates.Straight Voting a system in which each shareholder votes the numbe r of shares he or she owns on candidates for each of the positions open; also called noncumulative voting. Supramajority Voting Requirement a requirement that a greater than majority of shares constitutes a quorum of the vote of the shareholders. Voting Trust an arrangement in which the shareholders transfer their stock certificates to a trustee who is empowered to vote the shares. Voting Agreement an agreement between two or more shareholders that stipulates how they will vote their shares.Right of First Refusal an agreement that requires a selling shareholder to offer his or her shares for sale to the other parties to the agreement before selling them to anyone else. Preemption rights that give existing shareholders the option of subscribing to new shares being issued in proportion to their current ownership interests. Dividends a distribution of profits of the corporation to shareholders. Derivative Lawsuit a lawsuit a shareholder brings against an offending party on behalf of a corporation when the corporation fails to bring the lawsuit. It’s also called a derivative action.Management of a Corporation * Shareholders Owners of the corporation. They vote on the directors and other major actions to be taken by the corporation. * Board of Directors Elected by the shareholders. Directors are responsible for making policy decisions and employing the major officers for the corporation. The board may initiate certain actions that require shareholders’ approval. * Officers Officers are responsible for the day-to-day operation of the corporation, including acting as agents for the corporation, hiring other officers and employees, and the like.Duty of Obedience a duty that directors and officers of a corporation have to act within the authority conferred upon them by state corporation codes, the articles of incorporation, the corporate bylaws, and the resolutions adopted by the board of directors. Fiduciary Duties the duties of obedience, care, and loya lty owed by directors and officers to their corporation and its shareholders. Duty of Care a duty of corporate directors and officers to use care and diligence when acting on behalf of the corporation.Duty of Loyalty a duty that directors and officers have not to act adversely to the interests of the corporation and to subordinate their personal interests to those of the corporation and its shareholders. Proxy Contest a contest in which opposing factions of shareholders and managers solicit proxies from other shareholders; the side that receives the greatest number of votes wins the proxy contest. Merger a situation in which one corporation is absorbed into another corporation and ceases to exist. They become a similar corporation. If it is a consolidation, the two companies form into a completely different corporation.Appraisal Rights the rights of shareholders who object to a proposed merger, share exchange, or sale or lease of all or substantially all of the property of a corpora tion to have their shares valued by the court and receive cash payment of this value from the corporation. Proxy Statement a document that fully describes (1) the matter for which a proxy is being solicited, (2) who is soliciting the proxy, and (3) any other pertinent information. Share Exchange a situation in which one corporation acquires all the shares of another corporation and both corporations retain their separate legal existence.Tender Offer an offer that an acquirer makes directly to a target corporation’s shareholders in an effort to acquire the target corporation. The shareholders each make an individual decision about whether to sell their shares to the tender offeror. Such offers are often referred to as hostile tender offers. Short-form Merger a merger between a parent corporation and a subsidiary corporation that does not require the approval of the shareholders of either corporation or the approval of the board of directors of the subsidiary corporations.Willi ams Act an amendment to the Securities Exchange Act of 1934 made in 1968 that specifically regulates tender offers. Severance for Executives after retiring or being removed from a company, they’re given a package. â€Å"Golden parachute† Section 14(a) a provision of the Securities Exchange Act of 1934 that gives the SEC the authority to regulate the solicitation of proxies. Antitakeover Statutes statutes enacted by a state legislature that protect against the hostile takeover of corporations incorporated in or doing business in the state.Poison Pills defensive strategies that are built into the target corporation’s articles of incorporation, corporate bylaws, or contracts and leases. These tactics make the target corporation more expensive to the tender offeror. White Knight Merger mergers with friendly parties—that is, parties that promise to leave the target corporation and/or its management intact. Greenmail the purchase by a target corporation of its stock from an actual or perceived tender offeror at a premium.