Friday, September 13, 2019
Discussion Points about Critical Gender Studies readings Essay - 1
Discussion Points about Critical Gender Studies readings - Essay Example Discussion Points about Critical Gender Studies readings Globalization in the face of this bookââ¬â¢s discussion has brought about a whole new change of order in the society and provided more opportunities to those who have been marginalized for so long (Lowe 120). The opening of the world has transformed the role of women as it makes their voice known as well as empowers them. This may not seem such a big deal compared to other positive effects of globalization such as making the United States, not the super power nation it has always been as more countries such as China and Japan grow economically and militarily at a high rate and threaten the position of US but it is a big deal to these groups of individuals (Lowe 122). Women in the developing nations in Africa and Asia has always been tied down by oppressive cultures but with globalization, these cultures are starting to be questioned and even disbanded as an interchange of cultures from all over the world infiltrates these nations. This has therefore brought a social revolution and new meaning to feminism as the roles of women and men not only intertwine by they are even reversed in some cases all based on cultural changes brought about by globalization (Lowe 123). The biggest question that however lingers is whether these changes will continue with their positivity and expansion and to what extent? Will they lead to negative effects and impacts to societies in the long run or are they truly a blessing and will remain that way?
Thursday, September 12, 2019
News Article related to Liquidated Damage Clause Essay
News Article related to Liquidated Damage Clause - Essay Example It often includes a reading that the parties involved in the contract are agreeing beforehand, as it would probably be unmanageable to decide the compensatory damages in the event of contract breach, although, such a statement is not mandatory. This clause may be conducted towards both parties involved in the contract. For instance in these words: "If both of us neglect to execute, one will be obliged to pay the other party $20,000." But it is not essential too. Normally, a liquidated damages clause is conducted towards only one party, along with the specified date of delivery of amount. The California Association of Realtors has provided a benchmark contract involving residential purchase that entails a liquidated damages clause that emphasizes that if a buyer failed to fulfill the completion of purchase contract due to fault by buyer, the seller will retain the amount deposited actually as the liquidated damages. The most noteworthy items in the mentioned clause include the asymmetry of the provision; as it puts the whole burden on one party, its limitation to a specific unit of residential property set by the Civil Code 1675 and the requirement of agreement by signing to ensure damages are paid. The signatory agreement is required to ensure that both parties have agreed that the contract has breached. Otherwise an arbitration or judicial decision will be needed. Initialling or signatory agreement on a liquidated clause is not mandatory but optional. Though it is printed priory in the agreement of CAR purchase, it is applicable only on the indication of both parties. Mostly in the encounter of a liquidating clause, a principle has the liability to inquire the meaning of the clause replied by the seller as defined by law. At times the contract has been breached by the buyer and this hurts the seller who desires to have more than the deposited amount so the inclusion of liquidated damage clause helps in
Wednesday, September 11, 2019
Aging population Essay Example | Topics and Well Written Essays - 3000 words
Aging population - Essay Example Shakespeare has beautifully described the life of a man. He further describes it, in terms of ages and names it seven ages of a man's life. These are ages are: an infant, a child, the lover, the soldier, the justice, the old age and finally mental dementia and death. In short, they were considered as a useless part of the society and were thus isolated. This very idea had and probably has penetrated the business community as well. This fact was quite reflective in the marketing activities and campaigns launched until recently. However, the time is changing now; the old people are getting more prominence in the business society. They are now considered an important segment of the society. Business society is giving more attention the aging population, especially in the industrialized world. Their changing needs and behaviors are tried to be addressed by the marketers in more efficient manner than ever before. This matter is quite encouraging that the need has been realized; however, a s a matter of fact, what is really missing is the direction to cater their changing behaviors and needs. Thus this paper is aimed to address the fact that how the old population in the industrialized country does affects the business strategist seeking to respond their changing needs.In formulating this paper, we would start with the fact that who the aged ones are, in current scenario. Later, we would explore the key features of the aging population and what characteristics and features make them different from others After discussing this, our discussion will lead to the point that what are the corresponding marketing challenges faced by the marketers, furthermore, we will evaluate the efforts of the business community done so far to address these challenge. Lastly, we would like to know that what can be done further to address those issues. (Heibing and Cooper 2004) What is 'Old' Universally there is not any agreed upon age for being called the 'old'. However, usually those who have passed a considerable age of their life are now retired or about to retire are considered as old. Though the age for retirement also varies from country to country, however, in general that ranges between fifty to sixty years. Thus any person beyond the age of retirement is considered as old. If we accept this definition and start to look for the generation that is going to be the old or aging population, we find that our recent aging population is baby boomers. Before moving further, it is essential to know who are baby boomers are, since it would help in building this topic further. Those people who are born between 1946 and 1964 in United States are called baby boomers. (Hess and Markson 1991) Though this phenomenon is referred to US population only but the people who were born in the same period in other industrialized countries also share the same features. The baby boomers w ere born during the economic upsurge in those economies. As a result, they were fortunate to have best possible education, as compared to rest of the world. On account of the fortunate period in which they were, in general, they had a wonderful childhood leading to a promising career and prosperous youth and adult life. Now this generation that has made a lot of money is entering in to the old age. Obviously, the big sum of money that they have gathered in this period has the potential to make them one the greatest market for the marketers of the industrialized world to capture. Aging Population in Various Countries Moving further, we can
Tuesday, September 10, 2019
FAA's Advanced Qualification Program (AQP) Essay
FAA's Advanced Qualification Program (AQP) - Essay Example As the economies of developing countries grow, their own citizens are already becoming the new international tourists of the future. The commercial aviation industry in the United States has grown dramatically since the end of World War II. In 1945 the major airlines flew 3.3 billion revenue passenger miles (RPMs). In 1903, the Wright brothers' first successful flight in Kitty Hawk, North Carolina marked the beginning of the aviation industry. In the early years, the public did not embrace airplane travel as an option, thinking that it was too dangerous. The first major stimulus that helped to develop the industry was the United States' participation in World War I. After the war, though, the government stopped funding research and development, practically stagnating growth in the aviation industry. The events of September 11 have had some of their worst economic effects on the airline industry, leading to a dramatic fall-off in passenger demand and substantially higher costs. But even before that day, the industry was facing bad times, with few airlines anticipating profitable performances in 2001. The Federal Aviation Administration (FAA) has released a Notice of Proposed Rulemaking (NPRM) that would make the Advanced Qualification Program (AQP) a permanent, alternative me... recommendation stemmed from an NTSB accident investigation of a Northwest Airline crash on August 16, 1987, in which 148 passengers, 6 crewmembers, and 2 people on the ground were killed. The NTSB had recommended that all part 121 carriers review initial and recurrent flight crew-training programs. Because it is an industry where mistakes can lead to an unacceptable loss of life and property, commercial aviation has been at the forefront of risk reduction through teamwork training. Among the best-known team training strategies to emerge from the aviation setting is Crew Resource Management (CRM) training. CRM training has endeavored to improve the margin of aviation safety for more than 30 years. The FAA is now proposing to incorporate the requirements of Special Federal Aviation Regulation (SFAR) No. 58 into 14 CFR part 121. Section 121.901 outlines the purpose and eligibilty of the alternate method of training and qualification known as "Advanced Qualification Program". Section 121.903 states that certificate holders who get approval of an AQP must comply with its provisions. Section 121.905 specifies the procedure for a certificate holder to make claim that AQP information or data submitted to the FAA is entitled to confidential treatment under 5 USC 552 (b) (4). [Federal Register] Section 121.907 contains definitions used throughout proposed subpart XXX. Section 121.909 outlines the approval process, where certificate holder applies for approval of an AQP curriculum. Section 121.911 is based on existing language from SFAR No. 58 section 4. Section 121.913 contains requirements for qualification curriculum. Section 121.915 contains program requirements for continuing quali fication curriculums. Section 121.917 contains additional requirements that must be included
Monday, September 9, 2019
Examine the three theoretical models of opportunity recognition Essay
Examine the three theoretical models of opportunity recognition - Essay Example In our second section, we de-construct the factors that impact opportunity recognition. Here, we explain the various ways in which cognition impacts opportunity recognition. In our third section, we study the influence of human and social capital on the opportunity recognition process. In our fourth and last section, we summarize the arguments and provide concluding remarks. I. Opportunity Recognition: theoretical constructs The capacity to identify and spot a successful business opportunity is the hallmark of a preliminary stage in any new entrepreneurial venture creation (Ardichvili, Cardozo & Ray 2003). Once an opportunity is recognized, the individual then proceeds to analyze it through different angles. What distinguishes an individualââ¬â¢s capability to identify the right opportunity? This forms the basis of the discussion for our paper. When we extend the unit of analysis from an individual to a firm, then we can also infer that opportunity recognition follows from a caref ul, analytical process (Denrell, Fang & Winter 2003). Possibly, we could conclude that an individual may not possess all the resources that are at the disposal of a firm, yet an individual develops his or her own methods to evaluate a business opportunity. ... These form the broad backbone of the opportunity recognition process. Shane (2003 p.60) also lists out three factors that influence the possibility of gaining information access: 1) prior life and work experience, 2) the social network structure and 3) information search. Previous experiences in a particular field helps people gain awareness and confidence about the domain. Sometimes, this translates into a deeper capacity for identifying unexplored business possibilities within the chosen business realm (Bishop 2011). Again, if the individuals belong to a family that has predominantly focused on their own businesses, this could influence them to spot business opportunities more easily. In essence, family occupation could influence individualsââ¬â¢ attitude and thought processes about business. Certain functional domains could also guide individuals towards entrepreneurial domains. For examples, people with more exposure to sales and marketing tend to have a good grasp of the mark et. They understand consumer behavior to some extent and can appreciate the process flow of business. This could be one factor that gives them an entrepreneurial spirit. Membership of a network also assists in the opportunity recognition process. Ozgen & Baron (2007) suggest that individuals may gain information about new business ventures from their mentors, business networks and professional associations. For individuals who have been entrepreneurs before, this would help them identify new business ideas more easily (Ucbasaran, Westhead & Wright 2009). Networks could be formal ones such as that of colleagues sharing the same work function at the employerââ¬â¢s premises. Another possibility is a group that meets informally after
Sunday, September 8, 2019
Trademark Assignment Essay Example | Topics and Well Written Essays - 4000 words
Trademark Assignment - Essay Example The definition and nature of the tort of passing off as well as the protection accorded the registration of a trademarks will best illustrate the significance of passing off since the introduction of the registered trademark system. This paper is therefore divided into two parts. The first part of this paper is committed to the definition and nature of the tort of passing off. The second part of this paper will examine the trademark registration system and will analyse how it runs parallel to the tort of passing off. I. The Tort of Passing Off A. Definition and Essential Elements of Passing Off Passing off is a common law concept created by judges. Lord Parkerââ¬â¢s definition of passing off in Spalding v Gammage (1915) sets out the general significance of an action for passing off. Lord Parker defined passing off as a prohibition against the representation of oneââ¬â¢s goods as those of another.3 A more detailed definition of passing off is provided in the Advocaat case in whi ch Lord Diplockââ¬â¢s definition encapsulates the essential elements of passing off. In this regard, passing off is required to be made by virtue of a misrepresentation. This misrepresentation must be made by a business trader operating in the course of his business dealings. The misrepresentation must also be made to consumers with respect to the goods and services provided by the trader. The misrepresentation must be such that it is designed to bring about harm to the goodwill or the business of a comparative business. The misrepresentation must bring about actual damages to the goodwill of business or must be likely to bring about damages.4 The essential elements of passing off which ultimately defines the tort of passing off are more particularly delineated in the House of Lords decision in Reckitt and Colman Ltd. v Borden (1990). In this case, the House of Lords described what has come to be known as the classic trinity. The classic trinity sets out the three essential eleme nts that the claimant relying on the tort of passing off must prove. First the claimant must demonstrate that the claimants services or goods have established a reputation or goodwill that separates those goods or services from comparable goods or services. Secondly, there must be evidence that the defendant misrepresented his/her goods or services with the result that it creates confusion in that the goods or services offered by the defendant are mistaken for those of the claimant. Finally, there must be evidence that the claimant is likely to incur damages as a result of the misrepresentation.5 It therefore follows that that definition and the essential elements of passing off was trimmed down by the House of Lords in the Reckitt case to encapsulate three factors. What can be gleaned from the definition and essential elements of passing off is that it aimed at protecting the reputation attached to a trade mark rather than the mark itself. This aspect of the tort of passing off is demonstrative of its significance since the introduction of the trade mark registration system. Essentially, registration protects the mark whereas a parallel right of action exists in protection of the reputation and goodwill attached to the trademark. Therefore an unregistered trademark remains
Saturday, September 7, 2019
The Grandmother and Ruby Turpin Essay Example | Topics and Well Written Essays - 1250 words
The Grandmother and Ruby Turpin - Essay Example The bitter epiphany that the Grandmother and Ruby Turpin have experienced in these stories reflects the journey of every human being toward coming to terms with himself. Moreover, in the stories, the Grandmother and Ruby Turpin share a number of similarities and differences in terms of character, experience and various other aspects.The Grandmother and Ruby Turpin share a number of similarities in terms of character and other aspects. First of all, they are both bigots. The Grandmother, in fact, is a ââ¬Å"hypocritical old soulâ⬠(Bandy 109). As the oldest character in the story, she seems to show to Bailey, his wife and the children that she possesses the greatest wisdom and the deepest connection with Jesus Christ. However, the irony is that she is the most afraid among the characters when the Misfit shows up. While the rest of the family are curious about the Misfit and his friends, the grandmother is the first one who ââ¬Å"shrieked [and] scrambled to her feet [and called out] ââ¬Å"Youââ¬â¢re the Misfit!â⬠(Oââ¬â¢Connor, ââ¬Å"A Good Man is Hard to Findâ⬠306). This particular line simply shows how fearful she is of what can possibly happen to her and the rest of the family.The Grandmotherââ¬â¢s hypocrisy in her faith in Jesus Christ also shows when, even as she calls out Jesusââ¬â¢ name, she offers the Misfit a bribe. ... Youââ¬â¢re one of my own childrenâ⬠(309). Nevertheless, this last attempt of the Grandmother at survival turns out to be the exact opposite of what she actually wants. Perhaps she thinks that by mentioning God, the Misfit will not kill her, but she is wrong. Ruby Turpin, just like the Grandmother, is simply ââ¬Å"bigoted and complacentâ⬠(Paquet-Deyris 1). She keeps mentioning to everyone in the room, or at least make them feel, that she has ââ¬Å"a little of everythingâ⬠ââ¬â land, property, slaves, hogs ââ¬â thus implying that she is better than them (Oââ¬â¢Connor, ââ¬Å"Revelationâ⬠89). The phrase ââ¬Å"a little of everythingâ⬠seems like a humble way of saying ââ¬Å"I have a lotâ⬠but it is the latter meaning that she wants to make everyone feel. Moreover, like the Grandmother, Ruby also has this seemingly religious image which she flamboyantly projects upon everyone she sees. However, unlike the Grandmother who uses Jesusââ¬â ¢ name as a sort of attempt at survival, Ruby seems to invoke the holy name out of pride. Toward the middle of the story, she mentions, ââ¬Å"I thank the Lord he has blessed me with a good [disposition]â⬠(91), and ââ¬Å"Oh thank you, Jesus, Jesus, thank youâ⬠(92). This last line, however, has cost her a lot as we all know. Perhaps Ruby thinks that everyone is impressed with her just because she tells everyone how close she is to Jesus. Little does she know that Mary Grace is not the least impressed. Mary Grace knows that beneath the cloak of this ââ¬Å"respectable, hardworking, church-goingâ⬠follower of Jesus Christ lurks an evil that looks down on everyone (94). And indeed Mary Grace is right about Ruby Turpin ââ¬â the latter is full of prejudices against people in general. In fact, Ruby has indeed proudly ranked herself as a
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