National interest, Nationalism, Federalism, Democracy an Example of the Topic Psychology Essays by

National interest, Nationalism, Federalism, Democracy National interest The national interest is a nation's goals and objectives whether financial, military, or cultural. The concept is an essential one in global relations where recreation of the national interest is the base of the realist school. The national interest of any country is multi faceted. Primary is the survival and safety of the country. The pursuit of capital and financial growth and power is as well essential. Several countries, particularly in present era, consider the preservation of the nation's culture as of big significance. Need essay sample on "National interest, Nationalism, Federalism, Democracy" topic? We will write a custom essay sample specifically for you Proceed Background and controversial problems In early human background of the national interest was regularly analyzed as inferior to that of ethics or religion. To connect in a war rulers required to rationalize the action in these contexts. The first thinker to advocate for the dominance of the national interest is generally known to be Niccol Machiavelli. The practice of National interest was initially observed as being employed by France in the 30 Years' War when it occurred on the Protestant side, even though its own Catholicism, to block the growing influence of the Holy Roman Empire. The concept of the national interest soon came to govern European politics that became severely competitive over the subsequently centuries. States may possibly now frankly embark on wars simply out of self-interest. Mercantilism can be seen as the financial justification of the violent recreation of the national interest. With hegemonic stability theory, the notion of the United States national interest was prolonged to comprise the preserv ation of open sea lanes and the maintenance and development of free trade. These notions turned into much criticized after the bloody disaster of the 1st World War, and the thought of the balance of power was changed with the thought of collective safety, whereby all members of the League of Nations would consider an attack upon one as an attack upon every one, therefore deterring the use of violence for all time. The League of Nations was not able to work, somewhat since the U.S. declined to join and somewhat for the reason that, in practice, states did not forever find it in the national interest to discourage each other from the use of power. (David 1995, p. 1) The events of World War II led to a rebirth of Realist and then Neo-realist thought, as worldwide relations theorists re-emphasized the function of power in worldwide governance. Nowadays, the theory of the national interest is often linked with political Realists who wish to distinguish their policies from idealistic policies that inquire about either to inject ethics into foreign policy or encourage solutions that rely on bilateral institutions which might fail the sovereignty of the state. (Tamir 1993, p. 1) As substantial disagreement exists in each country over what is or is not included in the national interest, the expression is as often raised to justify isolationist and pacifistic policies as to justify dominant or aggressive policies. (Gerard 2005, p. 1) Nationalism Nationalism is an ideology that holds that a nation is the primary unit for human social life, and takes priority over any other social and political ethics. Nationalism naturally makes definite political claims based upon this principle: especially, the argument that the nation is just completely legitimate basis for the state, that every nation is allowed to its own state, and that the borders of the state ought to be fitting with the borders of the nation. Nationalism refers to both a political doctrine and some communal action by political and social movements for particular nations. Nationalism as ideology comprises ethical principles: that the moral duties of individuals to fellow members of the nation dominate those to non-members. Nationalism states that national loyalty, in case of variance, overrides local loyalties, and all other loyalties to family, friends, occupations, religion, or class. (Ernest 1983, p. 45) Types of nationalism Nationalism may manifest itself as part of official state ideology or as a popular (non-state) movement and may be expressed along civic, ethnic, cultural, religious or ideological lines. These self-definitions of the nation are used to classify types of nationalism. (John 2000, p. 1) on the other hand, such categories are not commonly exclusive and many nationalist movements merge some or all of these elements to unreliable degrees. Nationalist movements can moreover be classified by other criteria, for instance scale and location. Background and problems Definite examples of nationalism are very different, the problems and matters are emotional, and the variances often bloody. The theory of nationalism has constantly been complex by this background, and by the imposition of nationalist ideology into the theory. There are as well national variations in the theory of nationalism, because people describe nationalism on the basis of their local practice. Theory and media coverage might exaggerate conflicting nationalist movements, ethnic stress, and war - switching attention from common theoretical issues; such as, the characteristics of nation-states. (Margaret 1996, pp. 18-20) Nationalist movements are enclosed by other nationalist movements and nations, and this may color their version of nationalism. It could focus simply on independence, and disregard other nations. When conflicts occur, though, ideological attacks upon the identity and legitimacy of the 'enemy' nationalism may turn into the focus. In the Israeli-Palestinian conflict, such as, both sides have claimed that the other is not a 'real' nation, and consequently has no right to a state. Jingoism and chauvinism make exaggerated claims about the dominance of one nation over another. National stereotypes are as well general, and are usually insulting. This type of negative nationalism, directed at other nations, is surely a nationalist phenomenon, however not an adequate basis for a universal theory of nationalism. (Eric 1992, p. 12) Federalism Federalism is defined as a political philosophy in which a group or body of members are bound together with a governing representative head. Further defining Federalism, it is a system of government in which self-government is constitutionally divided between a central governing authority and constituent political units similar to states or provinces, creating what are repeatedly called a federation. Proponents are known as federalists a lot. Federalism in Canada means opposition to sovereignties movements generally in Quebec. In Europe, federalist is often used to explain those who support a stronger federal government or European Union government and weaker provincial governments. On the other hand, in recent years in America federalism has come to be coupled with opponent to a stronger federal government. (Rogers 1996, p. 1) Democracy The case for federalism is complex by federalist theory, which disagrees that federalism gives a robust constitutional system that anchors pluralist democracy, and that it improves democratic participation all the way through providing dual citizenship in a complex republic. The typical declaration of this position can be found in The Federalist, which argued that federalism helps preserve the principle of due process, limiting arbitrary action by the state. Primary federalism can limit government authority to violate rights, while it creates the chance that a legislature wishing to control liberties will lack the constitutional power, whereas the level of government that possesses the power lacks the desire. Subsequently, the legalistic decision making processes of federal systems control the pace with which governments can act. The argument that federalism helps to secure democracy and human rights has been influenced by the contemporary public choice theory. It has been argued that in smaller political units, individuals can participate more directly than in a monolithic unitary government. Moreover, individuals disappointed with circumstances in one State have the decision of moving to another. Certainly, this argument assumes that a freedom of movement among States is essentially protected by a federal system. Some U.S. politicians have histories of rejecting civil liberties to black people, women, and others. Conversely, the laws and constitutions of several states have confined such minorities with legal rights and securities that surpass those of the U.S. Constitution and the U.S. Bill of Rights. (Benedict 1998, pp. 45-55) The U.S. Constitution produced a federal government with enough powers to both represent and unite the states, however did not displace state governments. This federal arrangement, by which the central federal government exercises delegated power over several issues and the state governments apply power over other issues, is one of the essential characteristics of the U.S. Constitution that ensures governmental power. References Breuilly, John. 1994. Nationalism and the State. 2nd ed. Chicago: Chicago University Press. Canovan, Margaret. 1996. Nationhood and Political Theory. Cheltenham, UK: Edward Elgar. Gellner, Ernest. 1983. Nations and Nationalism. Ithaca: Cornell University Press. Hobsbawm, Eric J. 1992. Nations and Nationalism Since 1780: Programme, Myth, Reality. 2nd ed. Cambridge University Press Delanty, Gerard and Krishan Kumar (eds) 2005 Handbook of National interest. London: Sage Publications Juergensmeyer, Mark. 1993. The New Cold War: Religious Nationalism Confronts the Secular State. Berkeley: University of California Press Miller, David. 1995. On national interest. Oxford University Press Tamir, Yael. 1993. National interest. Princeton University Press Anderson, Benedict. 1998. The Spectre of Comparison: Federalism, U.S. and the World. London: Verso. Brubaker, Rogers. 1996. Federalism: Federation and the National Question in the New Europe. Cambridge University Press

Indian Film Industry Essays

Indian Film Industry Essays Indian Film Industry Essay Indian Film Industry Essay The Indian Film Industry has been one of the oldest segments of the Indian entertainment industry. The Lumiere Brothers brought motion pictures to India in 1896, and since then there has been no looking back. Today, India has the worlds biggest movie industry that churns out around one thousand movies each year. The Indian Film Industry is witnessing mark improvements on all spheres from the technology used in making films to the themes of the movies, exhibition, finance and marketing and even in its business environment. There is no doubt that the Indian Film Industry is finally getting corporatized in that sense. 2005 was a watershed year for the industry. Indian Film Producers are also looking overseas for co-production. And the future looks immensely bright with a number of theatres poised to go digital. The Television industry is also witnessing the mushrooming of more niche channels. Here again, emerging technologies such as broadband, Direct-To-Home (DTH), Direct-To-Theatre (DTT), Internet Protocol Television (IPTV) and digitalization will bring about more growth. The Indian Film Industry is expected to grow by 13% over the next years, i. e. to Rs. 176 billion in 2012. This projection speaks volumes as regards the potential of the Indian Film Industry. The Indian Film Industry is the largest in the world in terms of number of films produced and the number of movie goers in a year. Approximately around 1000, as part of the films is produced every year in different languages, out of which 70% are produced in the Hindi language. Ironically, the revenue realized from these films is almost negligible compared to other global markets. The investment level in 2007 was in the order of Rs. 10,000 crores and a 19% p. a. growth is projected during the period 2007-2012. One of the major policy initiatives has been the Government of India granting industry status to the entertainment sector in India including the film sector in 2001. This allows the sector to access institutional finance and clean credit for new projects. Industrial Development Bank of India (IDBI) was the first to enter with a funding of Rs. 100 million with 16% p. a. interest rate. However, banking and institutional finance has not been forthcoming to the film industry even today. A trend towards increased viewership abroad has been observed in countries like Japan, Malaysia, Singapore and Middle East. In the recent past, as part of the cultural diplomacy, growing presence in prestigious film festivals and markets internationally has been encouraged and continued efforts are required in this direction for the film industry to -readily go global. The movement towards corporatization was inter alia the multiplex revolution, organized funding, foray of corporate, international co-productions, new marketing and revenue techniques. The multiplex revolution changed the entire concept of viewing cinema. PVR Limited was one of the pioneers of this revolution in India in 1997, with the launch of the concept multiple choice of movies under one roof. This furthered by interior decor of international standard and state-of-the-art sound and technology witnessed new revenues at the box office. Financing, exhibition and distribution were directly affected. It also led to more organized and transparent box-office reporting. It is pertinent to note that even though the number of multiplexes is on the rise, the average number of screens is abysmally low when compared to other mature markets in the West. This segment has seen an influx of major private players like Adlabs, Inox, E-City Entertainment, Wave Cinemas etc. In 2005-06, Shringar Cinemas, PVR Limited and Inox went public and together, a sum of Rs. 4,144. 45 million was raised during this period. Adlabs foray into the entire value chain of the film industry was a significant development in the Indian entertainment and media industry. The biggest crisis plaguing the industry is the distortionary rate of entertainment tax within states in India. For instance, in Andhra Pradesh and Tamil Nadu, the tax rate is low and hence these states have witnessed huge investments in cinema infrastructure. This has however not been the case with the rest of the states in India. Therefore, to avoid market fragmentation and distortions, a uniform and rational tax structure is required for the growth of the film industry. The funding of films either through non-banking finance companies, venture funds, corporate funds or through corporate finance, was a significant shift from the traditional film- financing model. IDBI was the first to start funding film production, that too, to big banners, big names and established film-personalities. The traditional model used amongst others distributors funds, personal finances of producers, money lenders. Obviously, there were inherent drawbacks attached to these modes of financing. Moreover, even banks are not forthcoming in financing film projects. Therefore, venture capital and private equity investment was clearly seen as a solution based on their appetite for risk and a conducive legal framework. Under the applicable law in India, there is no restriction on private equity investment into film making directly, without routing it, via venture capital regulations as venture capital. However, there are issues involved with such direct (non venture capital regulations routed) investment, which they could avoid by operating via applicable venture capital regulations. Corporatization of the Indian Film Industry has led to increased international collaborations for co-production ventures, multiplexes, film financing etc. Recently there has been interest in industry in India from international film companies and studios. For instance, Warner Bros. Entered into an agreement with Ramesh sippy, film producer, to fund three of his films: Saawaryia was co-produced internationally with SPE Films India Pvt. Ltd. Important co-production ventures include Percept Picture Company and Michael Douglas production company. Further Films and Sahara One tied-up with a Hollywood producer, Donald Rosenfeld. Adlabs tied-up with Hyperion, a Hollywood studio for an Indian film. iDream Productions launched their operations in U. K. ith three films already being made. The year 2008 saw the biggest deal between Bollywood and Hollywood, with Anil Ambani signing the deal with Steven Spielbergs DreamWorks for stabilizing a production studio in Los Angeles. The studio intends to produce six films in a year. India has signed several international co-production treaties with France, Brazil, Italy, Germany and Britain. The Audio-vi sual treaty, signed in 2007 with Brazil and Germany is expected to facilitate collaboration between film producers in each other s country. TAAL was the first film to be insured in India in 1998. Traditionally, film insurance covered only property damage and accidents, but today, the coverage of the package insurance policy has been expanded to include insurance cover for the cast of the film, any physical loss or damage to the negative or videotape, material or facilities insurance, technical equipment insurance, props, sets and wardrobe insurance, production office content insurance, money insurance, travel insurance, public liability insurance. The concept of Completion Bond insurance has also been introduced into the Indian Market. Under this format, any additional cost over and above the budget drawn is funded through this cover. The policy holder is the guarantor in this case. Given the wide-ranging nature of covers available in the insurance industry, today, what forms a critical part is the evaluation of the cover and scrutiny of the present and future liabilities. With the industry riding high on corporatization, insurance is essential for film producers and film financiers. However, the insurance industry for this sector in India is yet to take off in the true sense. Apart from the availability of pirated copies of latest films, the dismal condition of theatres is the main reason for low occupancy levels in theatres in India. Therefore, the mantra adopted by the Indian film industry was going digital. Digital cinema enables delivery of films through hard disks or electronic transmission, i. e. satellite. Further, digital prints apart from being cheaper are also less prone to duplication. Hence, to take advantage of this, it is important to implement the plan of digital cinema across India. Hence, the untapped business opportunity for digital cinema is vast. Traditionally, at the time of release, the film is used to first get released in A class cities and thereafter circulation used to take place in B and C class cities. In this interlude, pirated copies were obtained to cater to audiences in B and C class cities. With wide spread digitalization, a movie can be released simultaneously across all cities; it also helps in limiting piracy. The concept of revenue generation over and above box office collections marked a vital shift in the filmed entertainment business. These emerging avenues for generating revenue helped in two ways, firstly in de-risking the business of films and secondly in attracting Indian and overseas corporate. The convergence of technology has fuelled growth in the Indian film industry as well. Internet and mobile technology are both converging with films. Today, both mobiles and internet technology have greater penetrations when compared to other platforms. Therefore, film producers, realizing the criticality of this partnership, are busy tying up with mobile companies and broadcasters on the internet. Music download, movie download, video-on demand etc are gaining in popularity. Home video rights also emerged as a key revenue stream for producers, coupled with rising disposable incomes, affordable DVD and home theatre systems and a shorter-video-release window. Re-make rights, internet rights, mobile rights emerged as other alternative options, which made films an attractive investment for domestic and overseas corporates. Though the share of box office collections is declining, it still contributes the maximum to the revenues of the film industry. In 2007, a supplementary revenue generating scheme namely, Television Rights surfaced for Indian film producers. The reason for this was the variety of new channels being launched each year, the revenue generated by telecasting a film on television therefore increased in a significant manner. The overseas market is beginning to form a critical fraction of the revenue collections. This market was until recently yet another untapped territory as producers were neither inclined towards investing in more prints nor in adopting effective marketing plans. The collections from overseas are estimated to reach Rs. 0 million in 2012 and on a per film basis; the share is expected to rise to 16% in 2012. Other marketing techniques also surfaced with the maturing of the film industry. These included sale of mobile rights, ringtones, movie wallpapers, movie blogs, websites etc. Marketing spends on films have also seen a clear increase. For instance, in 2005, approximately Rs. 400 million was spent on innovative marketing techniques for the film Mangal Pandey. Piracy is the act of making available counterfeit products of a product in which a persons intellectual property right vests. With the digital revolution, piracy has increased many fold in India, giving pirates access to technologies facilitating mass reproduction at much cheaper costs. The Indian entertainment industry, boosted by a rapid growth in the number of digital consumers, will earn as much as US$28. 9 billion by 2012. Study shows that the Indian entertainment industry grew 17% in 2007 – a slight improvement on the 15% forecast, reaching US$12. 82 billion, up from $10. 95 billion in 2006. Amid the growth phase has been the overriding menace of counterfeiting and piracy, which has engulfed the industry. The optical disc ease of access as a medium to transmit information with a simple computer has become a major source of piracy in India. It has been observed through international practice that the enactment of an optical disc legislation has resulted in considerable reduction of piracy. This is evident from the fact that one of the worlds leading software provider s is feeling the short end of the stick with rising number of piracy against its products in India. In India, counterfeiting and piracy costs the entertainment industry US$4billion and losses of approximately 800,000 jobs annually. What is therefore needed is to put together a holistic program to fight piracy drawing on the power of consumers, the judiciary and policy-makers. A much- needed impetus as regards import of pirated goods in India, the department of customs has notified the Intellectual Property Rights (imported Goods) Enforcement Rules, 2007 providing for enforcement of rights intellectual property by giving powers to the custom authority to seize goods and even initiate suo-motu action inn this regard. It is notable that the department has further issued instructions to give effect to the rules in an appropriate manner. This arms the authorities with more teeth than the earlier laws and even provides for the intellectual Property owner to issue a notice to the violating importer. The animation and gaming industry is one of the biggest areas of emerging opportunities in the Indian entertainment industry. The sector is growing fast with around 300 animation companies at present. In the year 2006, exports accounted for more than 70% of the revenues. The Gaming industry in 2007 grew at 32%, a rate higher than the animation industry, which was 24% in the same time period. With the global animation and gaming market projected at US $80 billion and US $42 billion respectively by 2010, and with India expected to account for less than 2% of the global pie in 2010, there is a huge untapped prospect for India in the future. However, the animation industry is plagued with several issues. Indian policy makers could take lessons from other countries. For example, Korea, China and Singapore have strong government support to promote their domestic industry. For instance, in Korea, tax breaks are provided to give an impetus to their domestic industry. Similar approach on the lines of tax holidays, exemption of service tax, sales tax on software, import duty on hardware etc are also sought to foster a robust domestic industry. The highly technology-driven entertainment industry is surely making the task of policy makers difficult and more challenging. With convergence and fast technological innovation, the industry is grappling with regulatory issues across every industry segment. In this scenario, it is central for policy makers to appreciate the need to outline a comprehensive entertainment policy in India. This comprehensive entertainment policy should seek to enable efficient inter-operability between various distribution platforms. In India, the Ministry of Information and Broadcasting is the apex body, which formulates and administers rules, regulations and law relating to information, broadcasting, the press and films. The Ministry also has the responsibility for international cooperation in mass media, films and broadcasting and interacts with its foreign counterparts on behalf of the Government of India. Telecom Regulatory Authority of India (TRAI) is the regulatory body with the prime objective of providing fair and transparent policy environment in the telecommunications, broadcasting and cable television services industry. TRAIs policy recommendations should primarily promote level-playing field and promote fair competition. Policy with regards to different sectors in telecom, media and entertainment segment are issued without any common thread leading to convergence in regulations. This leads to a distortionary structure, which does not ensure inter-linkages in todays world. This is an impediment as firstly it does not ensure fair play and hinders competition and overall growth of the industry. Hence, it may be useful to analyze the best practices in mature markets like the United States and European Union while examining the need for an entertainment in India. United States of America – The office of the Federal Communications Commission (FCC) has been entrusted with framing and envisioning the media policy for the United States. The US approach to media policy seems to emanate from the school of thought that deems it appropriate to provide specialist committees to undertake review and scrutiny of the various media factions with a single office entrusted with the responsibility of co-ordinating and synchronizing these policies and future goals. European Union (EU) – EU is the instrumentality that has been entrusted with the responsibility of making regulations and codes for the member states to align their respective domestic legislations and approach distinct issues in a streamlined manner, and provide the way forward as a common think tank. The EU approach to the media and entertainment industry is characterized by providing for oversight and guidance to the regulatory regime in member countries. The Audio Visual and Media Services directive covers all EU audiovisual media services (including on- demand services) in the digital age. It amends and renames the Television without Frontiers Directive, providing less detailed but more flexible regulation. And it modernizes TV advertising rules to better finance audiovisual content. The European policy towards media and entertainment is characterized by ‘light-touch regulatory approach along with sensitization to the increasing convergence across media platforms. On the contrary, to the aforementioned regulatory and industry best practices, in India, despite having identified the interdependency between each platform, each segment ends up competing against the other and this more often than not, results in distortionary market structures. Therefore, the entertainment policy in India following the likes of the United States and EU must move towards convergence both in its regulation as well as in its operations. In the converged world of today, each segment of the industry may be regulated by specialized offices. However, at the same time, an overarching body that ensures the regulatory framework of each segment of the industry does not impede the overall growth of the media and entertainment space must be established. This inclusive approach must be adopted to bring about a standardized policy and regulatory framework so that Indias forecasted opportunities do not remain a mere pipe dream.

What is the threshold for manufacturing industries that manufacture or Essay - 1

What is the threshold for manufacturing industries that manufacture or process EPA listed extremely hazardous materials (Explain what it is and specify the threshold level in pounds.) - Essay Example Several reports are required for manufacturing organizations directly handling hazardous materials. These reports include chemical inventories, releases of these chemicals in the environment, and emergency notification and response plans, among others. The EPA identified 360 extremely hazardous substances and more than 700 hazardous substances (Alaska State Emergency Response Commission 2009, par. 14). The threshold is a value or the point at which the maximum concentration of hazardous materials begins to affect an exposed person. (International Association of Fire Chiefs 2004, 844) According the EPA, â€Å"the current thresholds for Sections 311 and 312 are stipulated: for extremely hazardous substances: 500 pounds or the threshold planning quantity, whichever is lower; and for all other hazardous chemicals: 10,000 pounds.† This means that a person would be affected when exposed to 500 pounds of extremely hazardous materials and the manufacturing organization has the responsibility to notify both the Local Emergency Planning Committees (LEPC) and the State Emergency Response Commission (SERC). Below the threshold, the manufacturing facility has no obligation to

Summary report Essay Example | Topics and Well Written Essays - 500 words - 1

Summary report - Essay Example During the period between 1993 and 2010, Dr. Lvov has published more than 70 papers on layer-by-layer assembly. Nano-assembly on microtemplates and nanocapsules are described. The most interesting, however, as the potential applications of halloysite, as described by Lvov: these include delivery of herbicides, fungicides, and insecticides, anticorrosion agents for protective coating, plastic fillers and drug sustained release, hydrogen storage and even catalytic materials (Lvov). This information is followed by empirical research findings. Some authors concentrate on the analysis of nanoparticles use in medicine. Zheng et al discuss the benefits of layer-by-layer encapsulation for the poorly water-soluble anticancer drugs (7679). In this study, the researchers mixed curcumin with an organic solvent miscible with water, obtained curcumin crystals of 60-100 mm size via ultrasonication, and coated them with the help of biocompatible polyelectrolytes (Zheng et al 7679). The use of layer-by-layer encapsulation proved to effective in sustained drug release from nanoparticles (Zheng et al 7679). Franz et al followed the similar pattern and explored nano self-assembly coating of A.vinosum, to gain better knowledge of substrate uptake in bacteria (164). The authors found out that the coated cells surface charge does not affect sulfide uptake: obviously, defining the surface properties of bacteria has far-reaching implications for microbiological and biotechnological applications (Franz et al. 167). In a similar vein, Shutava et al prove that layer-by-layer techniques can be successfully utilized, to help the encapsulated anticancer drug material to retain its biological activity and block hypatocyte growth factor (1877). Layer-by-layer techniques can also involve the use of tubular halloysite clay, to ensure the sustained release of drug loaded halloysite tubes (Veerbadran et al. 100). In this context, Abdullayev et al.

Mal-Adapted Essay Example | Topics and Well Written Essays - 1000 words

Mal-Adapted - Essay Example The mentioned contributions, however, are not exhaustive and are only intended to demonstrate the extent to which IT has become an integral part of corporate life and the business process. At the same time, however, IT functions as an organization's primary area of vulnerability as it is through their malicious use that attackers can infest an organization's system with viruses, worms, spyware and countless other types of malware (Gold, 2001; Rhode-Ousley, Bragg and Strassberg, 2003; Chen, Thompson and Elder, 2005). In light of dependency versus vulnerability, therefore, it is incumbent upon organization's and business entities to institute such protections as would shield the entity from such attacks. Sometimes, however, whether intentional or unintentional, the attack may come from within. Discussing the extent of my organization's vulnerability to malware with the head of the network and ICT department, I learnt that the company had been subjected to several attacks in the past, two of which were quite serious and, both caused by the activities of employees. As the head of the ICT department remarked as a prelude to his description of the attacks, two years ago and, in the wake of an external attacks which bordered on the catastrophic, the organization made a substantial investment in network security. At the department's recommendation, the organization's leadership consented to the implementation of third generation IA technologies which focused on in-depth defense. As explained by Liu, Yu, and Jing (2005, p. 112) this type of IA embraces all of as "(a) boundary controllers, such as firewalls and access control, (b) intrusion detection and (c) threat/attack/intrusion response." Upon the implementation of the defined system, the general assumption was that the organ ization was immune to external attacks and to malware. This, as evidenced by later events, was an erroneous assumption. The source of the first malware infestation suffered by the organization following the implementation of the defense in depth IA system, came from the Research an Development Department. The ICT department had initially recommended the securitization of the network against direct downloads from the internet, even at the explicit request and consent of users. The R&D department had vehemently argued against this, emphasizing that were such a security procedure to be implemented, their work would be literally brought to a standstill. The argument presented was persuasive and, therefore, the R&D department maintained the mentioned privilege. Less than two months following the implementation of the system, complaints regarding adware and spam email which contained malicious attachments, remained high, to the extent that it seemed as if the defense in depth system installed was ineffectual. Indeed, the department remained as engaged as ever in the removal of adware and in dealing with malicious spam. Needless to say, the cost of wasted time and effort was substantial since, as the employees whom I discussed this event with recalled, attempting to access the internet was futile. Pop-ups and constant redirections from addresses initially requested simply meant that getting any work done was a monumental task in itself. The ICT department, as the head informed me, determined to trace the source as the possibility of the installed system being ineffectual simply defied logic. As the

Doctrine of Harmonious Construction

Doctrine of Harmonious Construction HISTORY 1st amendment came in the case of Sankari Prasad before SC. The court unanimously decided to resolve the conflict between Fundamental Rights and Directive Principles by placing the reliance of the line of doctrine of harmonious construction. The court held that the FRs impose limitation over the legislature and executive power. They are not inviolable and parliament can amend them to bring in conformity to directive principles. The result was generally all law providing for the acquisition of state and interest therein and specially certain state including land reform acts of U.P., Bihar and M.P. were immune from the attack based on article 13 read with other provision of part III. DOCRTINE OF HARMONIOUS CONSTRUCTION It is a sound canon of interpretation that courts must try to avoid a conflict between the provisions of Statute. The rule of reconciliation on the Entries was propounded for the first time in the case of in re C.P. and Bare Act. It is the province of the courts to determine the extent of the authority to deal with subjects falling within the legislative purview of each legislature. To avoid conflict, the Courts should read Entries of two Lists together and the language of one Entry can be interpreted, and modified too, with the help of another Entry. Interpreting Entries 24 and 25 of the State List harmoniously, the Supreme Court held that gas and gas works being in Entry 25 would not fall in the general Entry 24Industry and observed: It is also well settled that widest amplitude should be given to the language of Entries but some of the entries in the different Listsà ¢Ã¢â€š ¬Ã‚ ¦may overlap and sometimes may also appear to be in direct conflict with each other, it is then duty of this court to reconcile the entries and bring about harmony between them. In this way it may, in most cases, be found possible to arrive at a reasonable and practical construction of the language of the sections, so as to reconcile the respective powers they contain and to give effect to all of them. In Tika Ramji v. State of Uttar Pradesh, [3] the position of the industries was clarified by Supreme Court. In the instant case the vires of U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 was involved. It was contended that sugarcane being controlled industry fall within the jurisdiction of the Union List by virtue of Entry 52 of List I falls within the legislative purview of Parliament. The Supreme Court, therefore, had to e xplain the Inter-relation between Entries 52 of List I, 24 and 27 of List II and 33 of List III. Entry 24 of List II and 52 of List I establish that except controlled industries, the industries generally fells within the State Sphere. Entry 27 of List II gives power to State to regulate the production, supply and distribution of goods subject to provisions of Entry 33 of List III. The sugar industry being controlled industry, the distribution, supply and production of the product of this controlled industry viz. Sugar as a finished product, Principle of Harmonious Construction The principle of harmonious interpretation is similar to the idea of broad or purposive approach. The key to this method of constitutional interpretation is that provisions of the Constitution should be harmoniously interpreted. Constitutional provisions should not be construed in isolation from all other parts of the Constitution, but should be construed as to harmonize with those other parts. A provision of the constitution must be construed and considered as part of the Constitution and it should be given a meaning and an application which does not lead to conflict with other Articles and which confirms with the Constitutions general scheme. When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort. This principle is illustrated in the case of Raj Krishna vs Bino d AIR 1954. In this case, two provisions of Representation of People Act, 1951, which were in apparent conflict were brought forth. Section 33 (2) says that a Government Servant can nominate or second a person in election but section 123(8) says that a Government Servant cannot assist any candidate in election except by casting his vote. The Supreme Court observed that both these provisions should be harmoniously interpreted and held that a Government Servant was entitled to nominate or second a candidate seeking election in State Legislative assembly. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. servant the right to vote as well as to nominate or second a candidate and forbidding him to assist the candidate it any other manner. Upon looking at various cases, the following important aspects of this principle are evident The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provi sions so as to harmonize them. The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible. Courts must also keep in mind that interpretation that reduces one provision to a useless number or a dead lumbar, is not harmonious construction. To harmonize is not to destroy any statutory provision or to render it otiose. Case 1: Unni Krishnan, J.P. and ors., etc. v. State of Andhra Pradesh and ors. The writ petition was filed challenging whether the right to life under Article 21 of the constitution guarantees a fundamental right to education to the citizens of India and right to education includes professional education. This was challenged by certain private professional educational institutions and also in respect of regulating capitation fees charged by such institutions. The Supreme Court held that right to basic education was implied by the fundamental right to life when read with article 41 of directive principle on education. As per article 45 of the constitution, the state is to provide free and compulsory education for all children below the age of 14 years and there is no fundamental right to education for a professional degree that flows from article 21. Several states have passed legislation making primary education compulsory and there is no central legislation to make elementary education compulsory. In addition, the Court held that, in order to treat a right as fundamental right, it is not necessary that it should be expressly stated as one in Part III of the Constitution: the provisions of Part III and Part IV are supplementary and complementary to each other. The Court rejected that the rights reflected in the provisions of Part III are superior to the moral claims and aspirations reflected in the provisions of Part IV. Case:2 Smt. Rani Kusum vs Smt. Kanchan Devi And Ors on 16 August, 2005 Showing the contexts in which harmonious construction author:A Pasayat appears in the document have to ascertain the object which is required to be served by this provision and its design and context in which it is enacted. The use of the word shall is ordinarily indicative of mandatory nature of the provision but having regard to the context in which it is used or having regard to the intention of the legislation, the same can be construed as directory. The rule in question has to advance the cause of justice and not to defeat it. The rules of procedure are made to advance the cause of justice and not to defeat it. Construction of the rule or procedure which promotes justice and prevents miscarriage has to be preferred. The rules or procedure are handmaid of justice stress. In the present context, the strict interpretation would defeat justice. In construing this provision, support can also be had from Order VIII Rule 10 which provides that where any party from whom a written statement is required under Rule 1 or Rule 9, fails to present the same within the time permitted or fixed by the Court, the Court shall pronounce judgment against him, or make such other order in relation written statement under this provision, the Court has been given the discretion either to pronounce judgment against the defendant or make such other order in relation to suit as it thinks fit. In the context of the provision, despite use of the word shall, the court has been given the discretion to pronounce or not to pronounce the judgment against the defendant even if written statement is not filed and instead pass such order as it may think fit in relation to the suit. In construing the provision of Order VIII Rule 1 and Rule 10, the doctrine of harmonious construction is required to be applied. The effect would be that under Rule 10 of Order VII I, the court in its discretion would have power to allow the defendant to file written statement even after expiry of period of 90 days provided in Order VIII Rule 1. There is no restriction in Order VIII Rule 10 that after expiry of ninety days, further time cannot be granted. The Court has wide power to make such order in relation to the suit as it thinks fit. Clearly, therefore, the provision of Order VIII Rule 1 providing for upper limit State Of Orissa And Ors vs Arakhita Bisoi on 14 April, 1977 Showing the contexts in which harmonious construction appears in the document respondent was allowed by the Orissa High Court by its order dated 15-7-1976 holding that the Additional Magistrate had powers to revise an order of the appellate authority passed u/s 44 by virtue of the powers conferred on him under s. 59of the Act. Dismissing the appeal by certificate, the Court, HELD: (i)The language of S. 59(1) of the Orissa Land Reforms Act is wide enough to enable the Collector to revise any order including an appellate order under S. 44 of the Act.[561B] (ii) In applying the rule of harmonious construction with a view to give effect to the intention of the legislature the court will not be justified in putting a construction which would restrict the revisionary jurisdiction of the Collector and the Board of Revenue. [560E] In the instant case, the Act is of expropratory nature and the determination of the excess lands is done by the Revenue Officer. The legislature intended that any error or irregularity should be rectified by higher authorities like the Collector and the Board of Revenue. [560E] J. K. Cotton Spinning Weaving Mills Co. Ltd. v. State revise such order. Though the amendment to section 44(3) makes it clear that a right to revision is provided for orders passed under section 44(2), we do not think that this could mean that section 44(2) as it originally stood did not provide for power of revision to the Collector under section59. In our opinion, amendment does not make any difference. The learned counsel for the appella nt submitted that section 44(3) is in the nature of a special provision and should be construed as an exception to section 59 on the principle of harmonious construction. In support of this plea the learned counsel referred to the decision in The J.K. Cotton Spinning Weaving Mills Co. Ltd. v. State of U.P. Ors. (1). In construing the provisions of clause 5(a) and clause 23 of the G.O. concerned, this Court held that the rule of harmonious construction should be applied and in applying the rule the court will have to remember that to harmonise is not to destroy and that in interpreting the statutes the court always presumes that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect, and a construction which defeats the intention of the rule-making authority must be avoided. This decision does not help the appellant for in our view in applying the rule of harmonious construction with a view to giv e effect to the intention o(the legislature the court will not be justified in putting a construction which would restrict the revisionary jurisdiction of the Collector and the Board of Revenue. It may be noted that the Act is of exproprietory nature and the determination of the excess lands is done by the Revenue Officer and on appeal by the Revenue Divisional Officer. In such circumstances, it is only 13roper to presume that the legislature intended that any error or irregularity should be rectified by higher authorities like the Collector and the Board of Revenue. In our view it will be in conformity with the intention of the legislature to hold that section 59 confers a power of revision of an order passed under section 44(2) of the Act. The learned counsel next referred to a decision of this Court in The Bengal Immunity Company Limited rule of construction is stated at p. 791 in the following terms by Venkatarama Ayyar, J. speaking for the Court: It is a cardinal rule of constr uction that when there are in a Statute two provisions which are in conflict with each other such that both of them cannot stand, they should, if possible be so interpreted that effect can be given to both, and that a construction which renders either of them inoperative and useless should not be adopted except in the last resort. This is what is known as the rule of harmonious construction. One application of this rule is that when there 561 is a law generally dealing with a subject and another dealing particularly with one of the topics comprised therein, the general law is to be construed as yielding to the special in respect of the matters comprised therein. Construing section 59 as conferring a power of revision against an order passed under section 44(2) is not in any way contrary to the principle laid down in the above decision. Jagdish Singh vs Lt. Governor Delhi And Others on 11 March, 1997 Showing the contexts in which harmonious construction appears in the document later. The Registrar, however, committed serious error in interpreting Sub-rule (2) of Rule 25 and directing cessation of membership of the appellant from both the societies. Mr. Bobde also argued that if Sub-rule (2) of Rule 25 is interpreted to mean that on incurring such disqualification by operation of law one ceases to be a member of both societies, then Rule 28 conferring power on the Registrar to give a written requisition to either or both the co-operative societies for cessation of the membership, would become inoperative, and therefore, efforts should be made for harmonious construction where under both the provisions can operate. Mr. Bobde also argued that under Rule 25(1) the embargo upon a person to become a member of a co-operative society is there if the said person or his spouse or any of his dependent children is a member of any other housing society. The disqualification in question is thu s attached to becoming a member of co-operative society if he is already a member of another society. Under Sub-rule (2) of Rule 25 a deemed cessation accrues obviously in relation to a society in respect of which the disqualification is attached question that arises for consideration is: whether a person who is a member of a housing co-operative society having incurred the disqualification under Rule 25(1)(c)(iii) on being a member of a subsequent housing society would cease to be a member of both the societies with effect from the date of the disqualification incurred by him. It is a cardinal principal of construction of a statute or the statutory rule that efforts should be made in construing the different provisions, so that, each provision will have its play and in the event of any conflict a harmonious construction should be given. Further a statute or a rule made there under should be read as a whole and one provision should be construed with reference to the other provision so as to make the rule consistent and any construction which would bring any inconsistency or repugnancy between one provision and the other should be avoided. One rule cannot be used to defeat another rule in the same rules unless it is impossible to effect harmonisation between them. The well-known principle of harmonious construction is that effect should be given to all the provisions, and therefore, this Court held in several cases that a construction that reduces one of the provisions to a dead letter is not a harmonious construction as one part is being destroyed and consequently court should avoid such a construction. Bearing in mind the aforesaid rules of construction if Sub-rule (2) of Rule 25 and Rule 28 are examined the obvious answer would be that under Sub-rule (2) the deemed cessation from membership of the person concerned is in relation to the society pertaining to which disqualifications are incurred. A plain reading of Rule 28 makes it crystal clear that the Regis trar when becomes aware of the fact that an individual has become a member of two co-operative societies of the same class which obviously is a disqualification under Rule 25 then he has the discretion to direct removal of the said individual from the membership of either or both the co-operative societies. If Sub-rule (2) of Rule 25 is interpreted to mean that deemed cessation of the person concerned from membership of both the societies then the question of discretion of the Registrar under Rule 28 will not arise .If the interpretation given by the Registrar incurred. In the case in hand the disqualification which the appellant incurred was in respect of his membership of the Tribal Co-operative Housing Society Ltd. as he could not have become a member of the said society as he was already a member of Dronacharaya Co-operative Group Housing Society, and therefore, by operation of Sub-rule (2) he would deem to have ceased to be a member from the Tribal Co-operative Housing Society right from the inception in November, 1983 and not from the Dronacharaya Co- operative Group Housing Society. 8. Apart from the aforesaid harmonious construction of Sub-rule (2) of Rule 25 and Rule 28, on a plain construction of Rules 25 also the same conclusion has to be arrived at. Sub-rule (1) disqualifies a person for admission as member of a housing society if he or his spouse or any of his dependent children is a member of any other housing society. The disqualification in question obviously attaches to membership of the second society and has no connection with his membership of the first society. In view of the aforesaid embargo contained in Sub-rule (1) to Rule 25, Sub-rule Significance The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them. The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. When it is immpossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible. Courts must also keep in mind that interpretation that reduces one provision to a useless number or a dead lumbar, is not harmonious construction. To harmonize is not to destroy any statutory provision or to render it otiose. Conclusion As per this doctrine the courts must try to avoid conflicts between the provisions of the statutes. Thus the provisions must be so interpreted that the conflict between the two is avoided and each of them is given effect and, for that purpose the scope and meaning of one may be restricted so as to give meaning to the other also.

Crime And The Black Market In Modern Day China :: essays research papers

Crime and the Black Market in Modern Day China With a population of approximately 1,203,097,268 people , China, who has the world's largest population, also has the world's fastest growing black market and crime problem. In China, crime rates have been climbing an estimated 10 percent a year since the early 1980s . China is a country that is currently experiencing both political and economic instability. Economic reforms that have been put in place by the government have only widened the income gap, creating a middle class with money and a lower class of newly poor. With an ever increasing size in this gap of income distribution and the relative ease of making money through black market sales, it is no wonder more and more Chinese are turning to a life of commonly accepted and profitable crime. Thomas Jefferson once said, "he who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me." Unfortunately, Thomas Jefferson lived in a different time. He lived in a time when piracy was not as evident and intellectual property was not worth so much. In China, the largest crime which is currently occurring is intellectual piracy. Unlike the pirates of old who plundered the merchant vessels and ports of the South China Sea, modern day pirates are more interested in illegal replication of intellectual rights. From music compact discs to computer software to films to best selling novels, The Chinese black market is a virtual warehouse of "plundered goods". It is estimated that there are at least thirty illegal high tech factories in China that can churn out over 20,000 optical discs a day. America's Microsoft estimates that 98 out of every 100 of its software programs being used in China are illegal copies . Because of these statistics, and because this only amounts to a small amount of the estimated piracy which occurs in China, program manufacturers, worldwide, are lobbying the Chinese government to impose stricter standards and greater restrictions upon the distribution and sale of illegal intellectual rights. In July of 1996, investigators from Microsoft led Chinese officials to a plant near Guilin in Guanxi Province, where they found 5700 bootleg windows CDs. The plant had four production lines. Three of them were operated around the clock. It was estimated that this particular plant churned out 20,000 illegal copies of Microsoft programs a day. A trade report to Congress from the Trade office cites China as the worst violator of United States - copyrighted intellectual property. The report, which came days after

Article Review on Mental Illness

Jennifer Tozier Compentency Assignment 1, Review #2 Dr. Besthorn 09/15/2012 I chose to write my article review on the article entitled, â€Å"How clinical Diagnosis Might Exacerbate the Stigma of Mental Illness. † It is a not new concept that people are consistently drawn to a labeling others with a stigma, and this article delves into how we as social workers can (unintentionally) either encourage that stigma or hinder it based on the presentation to the client and to the public. A key point to the article talks about three kinds of potential ways stigma hurts a client.The first was being label avoidance. Many people do not want to admit to a mental illness, let alone get it treated because of how they might be perceived. Those that can admit having a mental illness and seek services may feel a certain stigma that then draws them back, and they avoid treating the problem, after they have confirmed that they, in fact, do suffer from the illness. They are afraid of being labele d in society or among their peers. The second stigma is blocked life goals. When suffering from a mental illness, everyday life can be and often is hard for the client.Without treatment, the stress of daily life can inhibit the client from seeking opportunities such as work, school, family and friends. Without these life goals being fulfilled, the mental illness takes control of the clients’ life and they are fixed from advancing in the everyday life. The third way a stigma hurts a client is the self-stigma. This is where the client begins to believe what is being said about them and their problem. It further exacerbates the problem because they not only deal with the issue of mental illness but feel judged in every encounter; this changes their behavior and creates a greater issue.This article also discusses the diagnosis of a mental illness in regards to â€Å"groupness† and the â€Å"differentness† aspects of how the public distinguishes people with mental is sues. This looks into the stereotypes and over generalizations and how it relates with mental illness and the general public. Mental illness while it may be more prevalent in some groups, it is an equal opportunity illness and can affect anyone regardless of age, race, financial status, or occupation. The article does an excellent job of describing how once a person is diagnosed with a mental llness it draws diversity in how they might be labeled and construed in society, similar to how they might be treated if they were a minority group. Research shows that this stigma â€Å"groups† individuals once they have been diagnosed with a mental illness, regardless if the client demonstrations any abnormal characteristics. The author did a terrific job of discussing the different stigmas that mental illness produces. It talked about how society or the majority labels a person with mental illness and the way a person can label themselves, both which produce disastrous results.I can s ee that this is a relevant article in the field of social work, because social workers can shape the way the client is perceived, both by the majority and the client all in the way they identify the illness. I understand that the article is talking about how the diagnosis can exacerbate the stigma, but I did not get a strong hold on ways to diagnosis it in an improved approach. The paragraph talking about diagnosis as a continuum seems like the closest point of reference for me, as an approach, but as it suggested this dimensional approach is not familiar to most clinicians.It seems once again there is only so far workers can go, with the limited knowledge we have obtained through research to date. The theory that I associated with the article is social learning theory. I came to that conclusion for several reasons mainly, because social learning theory suggests that human behavior is learned as individuals. The article talks about how people who have been diagnosed at times will no t seek treatment solely because of how they will be stigmatized.The problem behavior will not be treated and will remain a problem because a stigma will be placed on that individual if they admit the problem and get treatment. I think that using the social learning theory as a mode of treatment can be possible if the social worker can convince the client that if they get treatment and function in a â€Å"normal† way they will have a better quality of life. The article talked about how the social worker defines the mental illness and relays the information not only to the client, but also to other mental health providers is a determining factor on how it will be perceived.It is our ethical responsibility treat the client with dignity and respect, therefor when discussing the mental illness we need to be sure to use professional terms and be 100% correct before we unintentionally put a stigma on our client, they may put undue hardship in their life. When engaging with a client with mental illness it is necessary to discuss with them what they can expect, from meeting with the mental health provider all the way through treatment. Also to find out what they expect from the process.It is vital to let them know that they will have issues to deal with such as social stigma, but a road to treatment will give them a better quality of life. Mental illness affects people every day. Simply because of the stigma attached to it, people do not want to admit they have a problem. This is an implication because if more people could be honest and upfront social workers and policy makers could be given more time, resources, and attention to create policies that would benefit those struggling. The more resources and policies available the better chance that people suffering from mental illness will not have to deal with a stigma.

20 Business Law Dissertation Topics

20 Business Law Dissertation Topics Business law, otherwise known as commercial law, is the set of laws that govern the rights, relations and conducts of an individual or an organisation engaged in commerce, merchandising and trade. This makes it one of the more important set of laws guiding society as we know it. Therefore, writing a dissertation on this subject comes with its own headaches due to the wide scope of things covered under commercial law. The purpose of this article is to eliminate the bottleneck and difficulties students may encounter when writing a dissertation on business law. This help comes in the shape of very interesting business law dissertation topics you can choose from to set the tone for your dissertation as well as a write-up using one of the topics outlined below. The write-up will follow all the rules and regulations that guide dissertation writing in every institution. 20 Conversational Business Law Dissertation Topics for You The Law of Contracts, its Role in Business Transactions and Understanding Its Interpretations Analyzing the Role of a Business Entity in Relation to Commercial Law Investigating Contract Laws and How Verbal and Nonverbal Agreements Apply Commercial Law Setting the Framework for Businesses in Every Society How Contracts Work and the Role of Legislature in Interpreting Them The Pitfalls Business Face Pursuing a Commercial or Regular Lease Analyzing the Connotations of a Commercial Lease and Its Importance to Business Owners Analyzing the Structure of Transactions, the Role of a Director’s Guarantee under Business Law Commercial Law, Businesses and the Difficulties of Obtaining a Commercial Lease Investigating the Application of Copyright and Trademark by Entities Analyzing the Role Copyrights and Trademarks Play in Business Transactions Advertising Law: Walking a fine-line between the Law and Online Advertising Analyzing the Differences between Law Enforcement for Online and Offline Copyright Infringement Discussing the Importance of a Termination Agreement in Relation to Business Law Termination Agreements, Contract Law and its Application in Business Transactions Analyzing Business Wills and their Roles in Easing Business Law Translations Analyzing the Importance of a Universal Commercial Law Code to Societies Business Entities Investigating the Role of Congress and States in Setting Business Law Legislations The Important Role of Business Law in Interpreting Liability Responsibilities in Contractual Agreements Business Law and Its Effects on Commercial Transactions and Licensing One, two three†¦twenty exciting business law dissertation topics have now been listed above to inspire you to come up with yours or simply use the one in your writing. A stated earlier, we intend to go a step further by writing a dissertation using one of the outlined topics above. The following paragraphs would help you organize your dissertation using a structure guaranteed to earn you top marks. Sample Essay on the Analyzing the Role of a Business in Relation to Contract Law The objective of my research is to understand the role of business in contract law and how well business owners understand the role they have to play. The research I employed involved the use of questionnaires aimed at entrepreneurs and I intended to explore: The importance of contract laws in business What most business owners understand as a binding contract and How their understanding relates to the facts available on contract laws. Commercial law, business law or contract laws are the set of legal rules guiding how a business conducts commercial transactions within its organization as well as externally. In most countries including the United States, commercial laws are deliberated and created by the nation’s congress or representatives. These laws are then integrated by state governments with little or no changes to the prescribed legislations. These laws are applicable to all businesses, but, sadly, a lot of entrepreneurs and business owners do not know the rule of law when it comes to contract agreement and other transactional matters. To gauge their understanding, I made use of a questionnaire asking the following questions: Have you ever heard of contract laws? Does your organization follow the tenets of commercial laws when transacting business? What measures has your business taken when accessing loans or leases? What measures have your business taking in limiting liability both internally and externally? My results showed that 70% of business owners in the small to medium scale bracket had heard of contract laws but only 20% integrated this information when making contracts. 80% did not know that a contract is legally binding under business law when a verbal or nonverbal agreement stating what each party will do and gain had been stated. Most business owners believe that a contract is legally binding only when both parties have signed documents previously discussed and agreed upon. My survey also showed that business owners with limited liability companies did not know the full scope of where their personally liabilities ended. Approximately 50% fell for the trick of providing a director’s guarantee when taking a loan or leasing a place for their day to day activities. Therefore, on agreeing to sign documents or provide the proverbial director’s guarantee had led them to mixing their private assets into business dealings. In conclusion, business owners need to be educated more on business law and the important role it plays in securing their businesses from future liabilities. These liabilities may stem from poorly executed contracts which they believe they were not a part of as well as from lawsuits when a loan goes bad. Here we come to the end of the second article in the series of writing a dissertation on business law. We also encourage you to check out the 10 facts for a dissertation on business law which you can use when writing your custom dissertation. For more information on the structure your business law dissertation topic should follow during the writing phase, the article on how to write a stellar dissertation on business law will definitely be helpful in the long run. References: Deakin, S. (2007). Does the Personal Employment Contract Provide a Basis for the Reunification of Employment Law?. Industrial Law Journal, 36(1), pp.68-83. Johnson, A. (1988). Correctly Interpreting Long-Term Leases Pursuant to Modern Contract Law: Toward a Theory of Relational Leases. Virginia Law Review, 74(4), p.751. Rinkes, J. (2009). Optional Commercial Contract Law: Global Experiences – European Perspectives. European Journal of Commercial Contract Law, 1(4), pp.184-193. Rosen, K. (2014). Company Law and the Law of Succession Droit Commercial/Commercial Law. American Journal of Comparative Law, 62(1), pp.387-405. Kronenberger, V. (2001). A Model of the Transformation Process of Statutory Monopolies in European Community Law: From Practice to Theory. European Business Organization Law Review, 2(02), p.301. Hendrikse, M. and Margetson, N. (2009). Uniform International Commercial Law: The Phenomena of Unification, Uniform Construction and Uniform Application. European Journal of Commercial Contract Law, 1(2), pp.72-90. Mautner, M. (2002). Contract, Culture, Compulsion, or: What Is So Problematic in the Application of Objective Standards in Contract Law?. Theoretical Inquiries in Law, 3(2).

Bluetooth essays

Bluetooth essays Bluetooth has been the subject of much hype and media attention over the last couple of years. As various manufacturers prepare to launch products using Bluetooth technology, an unsuspecting public is about to be catapulted into the next stage of information technology. Bluetooth is a low cost, low power, short-range radio technology, originally developed as a cable replacement to connect devices such as mobile phone handsets, headsets, and portable computers. By enabling standardized wireless communications between any electrical devices, Bluetooth has created the notion of a Personal Area Network (PAN), a kind of close range wireless network that looks set to revolutionize the way people interact with the information technology landscape around them. Imagine transferring a list of contacts from your mobile telephone to your desktop without cables. Or accessing a corporate network without an Ethernet card; or using your mobile phone to buy food from a vending machine or a store. The Bluetooth specification is an open, global specification defining the complete system from the radio right up to the application level. The protocol stack is usually implemented partly in hardware and partly as software running on a microprocessor, with different implementations partitioning the functionality between hardware and software in different ways. Version 1.0 of the Bluetooth specification came out in 1999, but Bluetooth started five years earlier, in 1994, when Ericsson Mobile Communications initiated a study to investigate the feasibility of a low-power, low-cost radio interface between mobile phones and their accessories. Radio is not directional, and it does not need line of sight, so it has obvious advantages over the infra-red links previously used between handsets and devices. The specification was named after the tenth-century Danish Viking king Harald Bluetooth who unified Sca ...

English Essay Example | Topics and Well Written Essays - 250 words - 24

English - Essay Example At the same time, it is impossible to pretend he is not heading for disaster since the opening lines announce his death within the year. Red rose petals were a recurring theme throughout the movie. They were a symbol of control and power over Kevin Spacey. In their first form, his wife is seen tending to her roses with matching garden gloves and shears. They then morph into a symbol of power that a high school girl has over his sexual desires. At the end of the movie, roses are presented in a controlled environment by being putting in a vase. Also, the roses in this movie were the color of blood, which matched the murder at the end of the movie. The sets also related the controlled environment in which this family lived. The house was pristine inside and out with expensive couches, trendy dà ©cor, and the presence of white and blue being the most common. Jane’s room was the only room that used a warm color, red, and represented that she was the only character that was able to voice her unhappiness with the entire situation. Her father did not voice his discontent directly through speech, but more so through actions. The mother did not even realize her unhappiness until she found herself having an affair with a rival real estate agent. Even though Jane was able to voice her discontent, her complaints often went unnoticed as the gripes of a moody teenage. In essence, all of the characters were held in a vise of emotional numbness until Kevin Spacey’s

Categories of Labor Laws Essay Example | Topics and Well Written Essays - 1250 words

Categories of Labor Laws - Essay Example The researcher states that most labor laws can be categorized into 2 main categories, mainly Collective Labor Law, which refers to the relationships and activities between the employer, employees and the union. Secondly, there are Individual Labor Laws which refer to all those laws that are applicable to individual employee’s right of work and upholding their contracts. The following are some of the constituents of collective labor law: Trade Unions Some countries support the formation of labor unions. All employees are given the right to join any union, i.e. removing any discrimination on the basis of union activity. It is in the best interest of the union to bargain for the best benefits for all the members of the union. Some countries promote the formation of unions as this reduces the amount of control and employer has over its employees. Some legal regulations allow unions to place a set of obligations and duties on its members, and failure to meet these can lead to disba rment from the union. Union activity, must however be kept in check as to make sure unfair advantage is not being taken. In labor law terms, strikes refer to the process where members of a union shut down the production facility in order to make the employer agree to a certain number of conditions. However, most countries have laid down specific rules on when a strike is legal. Most importantly, it must be carried out in a democratic manner. General strikes are forbidden in various countries and certain personal such as health professionals, airport personnel are forbidden from carrying out strikes. Boycotts are another form of protest which is â€Å"a lawful concerted attempt by a group of people to express displeasure with, or obtain concessions from, a particular person or company by refusing to do business with them†. Boycotts are generally considered more lawful. Pickets or Picketing This is a process where workers of a union may congregate outside the workplace and not carrying out their own duties but prevent fellow workers by entering the facility. This may be both primary (workers are directly involved with the company where the demonstration is being carried out) or secondary (picketing a business not directly connected with the dispute, such as a supplier of materials). In most countries picketing activities are considered illegal, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example). Workplace Involvement This refers to the concept that in all companies, workers have the right to consult and suggest ideas when it comes to workplace conditions and environment. It is forbidden by law, to discriminate their voice and not allow equal consideration. Co-determination This concept has its roots in Europe and is still a major feature of European labor law, where it is necessary that workers have adequate representation in the companyà ¢â‚¬â„¢s supervisory board with all the rights that regular members have. This law has been given different names according to the company, Law on board representation (Sweden), Bullock Report (United Kingdom). Individual Labor Law Similarly, there are various laws pertaining to the individual rights of the employee: Contract of Employment and Unfair Dismissal The basic theory behind this is that a proper document should be signed between the employer and employee to state the formation of the relationship.