Introduction to Business Law

Mary’s Discount Public Relations Company has recently hired you as a PR consultant. Mary knows you have studied business law and asks your advice on the following: Mary operates an information service known as â€Å"Mary’s PR Notes â€Å" which she emails to clients who subscribe to her service. Mary’s PR Notes provides subscribers with abstracts of articles on public relations. The articles come from a variety of newspapers and magazines. The abstract includes the headline of the article (unaltered) and a short summary of the article’s content written by one of Mary’s employees. Recently the editor of â€Å"Puffery 4U† contacted Mary complaining that Mary’s service is using his material. The editor was particularly concerned about how Mary uses the headlines from his articles. Advise Mary * Describe and discuss the nature of the issue and the legal implications * Identify the relevant area of the law referring to cases and statutes * Apply legal principles to the problem or issue using the relevant law to argue the case * Include a literature review of the problem including relevant legal citations Throughout this essay the topic of Mary’s Discount Public Relations Company and Mary’s PR Notes will be discussed and analyzed as to why Mary’s company may have breached some levels of copyright. Mary needs to be advised on what she may be doing wrong and how she can overcome these issues in her current situation regarding â€Å"Puffery 4U† and their complaints of how Mary is using their material and also other complications she may face in the future. Mary’s public relations company offers an information service titled â€Å"Mary’s PR Notes† which she emails to clients who subscribe to her service. The emails provide subscribers with abstracts if articles on public relations which come from a variety of newspapers and magazines. The abstracts include the headline of the article, which is unaltered in any way, and a short summary of the article’s content, which is then written by one of Mary’s employees. Recently the editor of â€Å"Puffery 4U† contacted Mary and is complaining that Mary’s service is using his material and breaching copyright. The editor is particularly concerned about how Mary uses the headlines from his articles. Copyright is a type of property that is founded on a person's creative skill and labour. It is designed to prevent the unauthorised use by others of a work, that is, the original form in which an idea or information has been expressed by the creator. Copyright is not a tangible thing. It is made up of a bundle of exclusive economic rights to do certain acts with an original work or other copyright subject-matter. These rights include the right to copy, publish, communicate and publicly perform the copyright material. Mary’s situation with â€Å"Puffery 4U† may come under the subject of copyright infringement (Copyright Act 1968 Sect 36) where someone reproduces in material form the whole or part of a work without the consent of the owner. Examples include when a work is published, reproduced or performed in public without the copyright owner's permission. This general rule is subject to a number of specific exceptions in the Copyright Act. Although Mary or Mary’s employees haven’t changed the title of Puffery 4U’s articles or other articles referred to, they have however made their own summary of the articles which may twist the viewer’s perception on what the subject of the articles may be about. Even though the summaries may still be completely relevant to the articles and no bad intentions are being made, Mary’s company is still reproducing the articles or parts of them without the consent of the owners of the original material. It is possible however that in Mary’s case her business may be able to be let off with fair dealing. This is where the material is an article in a periodical then reproducing the whole or part of the article may be fair dealing for research, study, criticism or review by an individual. The Copyright Act provides that copying a reasonable portion of a work for the purposes of research or study, criticism or review, news reporting or parody and satire will be a fair dealing. As only a small part of the articles are being reproduced, Mary’s case may be an exception to the copyright law and no legal action will be taken but this is still not a guaranteed outcome so other measures should to taken into account. If Mary wishes to avoid legal action being taken out on her company then she can take several different measures. First she must seek permission from the owner of whom she wishes to take abstracts and articles from before using and altering them to make sure they won’t have an issue with Mary using documents. Secondly, if she clearly states in her emails she sends out where the original text is from and that the summary written in fact by Mary’s company and not the original publisher then the owner of that text will possibly have less of an issue with the company breaching copyright infringement. Thirdly, if Mary made connections with the sources she pulls the articles from she could send her summaries to them for them to approve first and then once she has the approval she can be free to send out her emails with their articles in them. If a copyright has been infringed, the owner may sue the infringer in federal court, seeking an injunction against future violations of the copyrights. The owner may recover actual damages, which are losses plus the infringer’s profits from use of the copyrighted work. Or, any time before a court issues a final judgment, the owner can elect to receive a set amount in damages as defined in the copyright statute, in lieu of actual damages. The amount of statutory damages can range from $200 to $150,000, based on a court’s determination of several factors, including whether the infringement was intentional. On 1 January 2007, a range of copyright enforcement measures started as a result of the Copyright Amendment Act 2006. These include the creation of a tiered system of copyright criminal offences incorporating indictable, summary and strict liability offences. The strict liability offences do not contain fault elements and attract maximum penalties of 60 penalty units ($6,600). These offences are supported by a copyright infringement notice scheme provided for under the Copyright Regulations 1969. An infringement notice penalty is 12 penalty units ($1,320). The introduction to this scheme was created and designed to deal specifically with lower-level copyright crime such as first time offenders, street stall or market operators. Under this scheme, an offender issued with an infringement notice by a law enforcement officer will have the option of paying a fine or risking the possibility of prosecution in court. In addition to paying a fine, some offences will also require the offender to forfeit copyright material and/or related devices in order to avoid prosecution. In 2001, the TCN Channel Nine Pty Ltd v Network Ten Ltd (‘Panel Case') was a case with claims that commercial broadcaster Network Ten infringed copyright in Channel Nine broadcasts when re-broadcasting extracts of Nine's program ‘The Panel' over the period from 10 August 1999 to 28 June 2000. ‘The Panel’ is a talk show comprised of a regular panel and guest panelists who discuss recent events and current issues, using television footage from a variety of sources as a basis for humorous comment and critical discussion. The claim of copyright infringement related to 20 excerpts of Nine footage, ranging in length from eight seconds to 42 seconds. The excerpts were from a variety of programs including The Today Show, Who Wants to be a Millionaire, Days of Our Lives and Sale of the New Century. Nine claimed that Ten’s re-broadcasting of excerpts of its programs constituted an infringement of its copyright in the television broadcast as provided for in s 87(c) of the Copyright Act 1968 (Cth) (the Act). Nine also claimed that Ten had breached s 87(a) of the Act by making a cinematograph film of the programs or a copy of such films, but this latter claim has not yet been determined. This judgment relates only to Nine’s claim in relation to s 87(c) of the Act. On 11 April 2003 the High Court granted Network Ten leave to appeal against the decision of the Full Court of the Federal Court and in September 2003 heard arguments on the operation of ss 14, 25(4) and s 87 of the Copyright Act 1968 regarding the claimed infringement. The ruling from the Federal Court was announced as fair dealing in broadcast television. This case is similar to Mary’s situation as Network 10 was only re-broadcasting small extracts of ‘The Panel’ and did not have the intention of bad mouthing Channel Nine or putting them in a negative spotlight. It is possible to argue and win Mary’s case depending on the extent to whether how relevant her summaries are to the original text of the articles she is using in her emails and if she is trying to persuade people to not read them. The case may end up being ruled as fair dealing if the following situation were to occur. It would be wise for Mary to act on this current situation as soon as possible as â€Å"Puffery 4U† may not be the only people concerned with the way Mary is using their articles. She may see herself facing multiple lawsuits, which could create a bad reputation for not only her company but for herself as well. Although Mary and her employees may think they aren’t doing any harm and are actually advertising other peoples work to a wider audience, authors of the articles may perceive this situation different and just want to claim work as their own. If â€Å"Puffery 4U† were to take legal action upon Mary this would cause implications for her not only in the short term but long term as well. She may face multiple fines from the magazine and newspaper companies she has been collecting articles from which would affect her financially and it would also give Mary a bad name and affect her future business dealings. Bibliography http://www.rcfp.org/handbook/index.php?pg=10-1 http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/

3m’s Conundrum of Efficiency and Creativity

Introduction 3M is an innovative and creative company that flourished since 1930 with the invention of masking tape and again in the 1950’s with Scotchgard the fabric protector. Then during a glue that was invented that was considered a failure in the 1970’s someone came up with the idea of taking that glue solution and using it on the back of paper to hold the paper to anything. So the invention of the post-it came out and the business really took off. in the 2000 the newly appointed CEO James McNerney implemented the Six Sigma management style.He did this because he felt the company was stale and not growing as much as he felt. This new management style is â€Å"designed to identify problems in work processes, and then use rigorous measurement to reduce variation, eliminate defects, and increase efficiency† (Nelson and Quick, 2011-363). The very things that some believe got 3M were they were, McNerney wanted to streamline the company and eliminate the wastefuln ess. Initially his idea caused a growth of twenty-two percent annually but not for long.McNerney was committed to Six Sigma and imbedded it deeply into 3M until his departure in 2005. Some experts believe that McNerney, by implementing the Six Sigma program into the company stifled the creativity and did not allow for failure or trial and error. This seemed to many a contradiction because the post-it, that brought 3M to forefront, was in fact a glue that originally did not work but because of the latitude afforded in creativity it allowed the engineers to experiment with it for something else. Issue Addressed Whether or not Six Sigma is the way to go for 3M?With the 15 percent rule of the Richard McKnight established in the earlier days of the company, creativity and innovation was in abundance. When James NcNerney took over as the CEO, he brought Six Sigma to the company. Six Sigma is the â€Å"measure of quality that strives for near perfection† (Nelson and Quick, 2011-364) Sixty percent of all corporate Six Sigma programs fail to produce desired outcomes and results. Creativity worked in creating masking tape, Scotchgard fabric protector, and Post-it Notes. Six Sigma has not produced such large scale products for 3M.Answering the Questions 1. Relative advantage of Six Sigma oTime efficient & Cost effective – eliminate the extra ideas and create the â€Å"right idea the first time† oCustomer loyalty oReduction of incidents oLower costs for providing goods and services -Relative disadvantage Six Sigma oCreativity and innovation decreases due to the lack of opportunity to come up with ideas. oComplicated process to learn and keep going oRisk of failure / fear of the unknown 2. Using Six Sigma 3M’s programmed decisions are well thought out and researched.On the other hand, their non-programmed decisions could be better because they lack the ingenuity and inputs of employees that drive new ideas. So I have to believe that because of t he rigidness of the management style does not allow for the employees to create new products and bring forth the new ideas. 3. While I am all for putting processes in place and improving effectiveness and eliminating waist, I have never been a fan of the Six Sigma process. I feel the Six Sigma, just as the expert believe, takes away the creative processes and does not allow enough flexibility for research and development. Society and business are always changing. Consumers develop needs for new products and preferences for new styles. Businesses look for new technologies that give them the competitive edge (Pace – 95). † I have to believe that research and development are the keys to staying power and any company can come up with an idea and launch a company but true staying power is coming up with new ideas and the Six Sigma is too rigid to allow for that. 4. Intuition and creativity should play the biggest role in 3M. However, with Six Sigma these two characteristics are very limited. M does not get tons of new ideas from all over in the company. 5. Preference to work would be with a company where decision making leaves room for risk and failure in search of innovation. Collaboration of multiple ideas is what created a lot of successful companies and products like Apple and Twitter. Conclusions I believe if 3M wants to grow as a company that it needs to go back to what made 3M the well known company that it is today; the leading edge technologies that were invented during the free time that was allotted for experimentation.Allow the people and engineers do the thinking and provide the latitude to experiment and give those people the opportunity to create the next big product to grow the firm and take it to the future. I feel that 3M is just in survival mode and has not really come out with anything big since the implementation of the Six Sigma program. You cannot hire great ideas or innovation, but you can hire people who have those characterist ics and provide them the tools to do just that. Six Sigma has proven to make 3M profitable in the beginning but for the long run it has hurt 3M. M has not proven to make a substantial difference from the creativity and innovative ideas and processes from before Six Sigma’s time. ? References http://solutions. 3m. com/wps/portal/3M/en_US/3M-company/Information/Resources/History/ http://www. isixsigma. com/new-to-six-sigma/getting-started/what-six-sigma/ Nelson, D. & Campbell-Quick, J. , (2011). Organizational Behavior: Science, the Real World and You. (7th ed. ). Canada: South-Western Cengage Learning. Pace, Joe. The Workplace: Today and Tomorrow. The Professional Development Series, Book One.

Others Essay Example | Topics and Well Written Essays - 250 words

Others - Essay Example The organizational needs of the past are different from those of the future. There are increased pressures and demands on the leaders. Leaders are required to absorb vast sources of information and make prompt decisions. As it such, it is imperative to implement changes in the information decision making processes so that leaders and the management can process information easily and have the competence to make efficient decision in a strategic environment. The use of technology requires changes in information decision making process for effective allocation of resources, and management of the organization. Reward Systems - How various combinations of incentives, such as Individual Base Salary, Opportunities for Promotional, Potential Rewards; monetary and privilege i.e. use of the corporate jet are designed. The reward systems will require to undergo changes. This is because organizational change is characterized by resistance form the employees and therefore, they require some kind of a motivational incentives to support the new strategy. Incentives are used to align the workforce around certain areas that need attention leading to faster adaptability, changes and greater responsibility and accountability. This can be achieved by adopting ‘pay for performance ‘strategy which triggers employees to work hard. Organizational Structure - What is the best structure for the organization of the companies employees; Functional, Geographic, Decentralized or Matrix to manage the Strategic / Tactical actions to make the company successful. The business unit structure is the best structure for the organization of the company’s employees since a great business requires an unlimited input of all the employees of the business. As the business grow, business unit structure revitalizes and constantly changes the way of thinking as trends in the market change. Technology is also changing, and hence, business unit structure will allow the

Personal Statement for international relations course - 1

For international relations course - Personal Statement Example It is my considered opinion that Russia has to perforce work with the comity of nations as a team member. The world is now more or less globalised, and no nation can afford to ignore the claims of international relations. It has been acknowledged that the people of my generation have to come forth and shoulder the onerous task of improving international relations. This is a sine qua non, and failure to do so will ensure the isolation of Russia within a short span of 10 years. The unswerving objective to embark upon this course is my primary motivator in life. In school, I became an acknowledged leader, as evidenced by my being offered the post of a prefect, within a year of my joining school. This served to render me more responsible, reliable and patient. I assiduously studied Economics, History, Mathematics and Politics, which enhanced my analytical and writing skills substantially. This enabled me to participate in the Royal Economic Society Competition of 2014, which demands superlative analytical and writing skills. My essay was titled â€Å"Is Independence Consistent with Scotland Keeping the Pound?† Moreover, I am experienced in international relations due to my tenure in a law firm located in China. This firm is one of the best in China, in the area of international conflicts. Consequently, I became an adept in international relations. Thus, I have become familiar with Chinese law, international law, and the reasons behind the emergence of disputes between nations. My Russian origin and employment in China made me proficient in several languages. As a result, I can research and analyse information from diverse sources and in different languages. Furthermore, this expertise has significantly improved my capacity to solve problems, evaluate arguments and separate facts from redundant and irrelevant information. My fairly considerable written and verbal skills have made me competent in presenting and

Healthcare Workers. Workplace Violence Research Paper

Healthcare Workers. Workplace Violence - Research Paper Example Such perpetrators include customers, patients, inmates, and other groups of people who receive regular services from the business. Healthcare facilities such as nursing homes and psychiatric facilities have the highest number of customer violence (Lee et al, 2010). Workplace violence is also perpetrated by fellow workers where an employee threatens or assaults another employee or past employee. Violence can also be perpetrated by individuals without any relationship with the business but have personal relationships with the victims. This includes victims of domestic violence who are attacked or assaulted while at work. The victims of workplace violence are mostly employees in the business. The victims have the responsibility of conducting business activities or providing services (Lee et al, 2010). Nurses and care givers in a nursing home or hospital may be attacked by violent patients. Shop attendants become victims of violent crimes such as robbery. Police officers and prison warde ns are victims of violence from criminals and prisoners. Employees may be subjected to verbal abuses or unwanted touching from their supervisors (Lee et al, 2010). Harassment by senior employees is evident in workplaces such as warehouses. New employees or junior employees become victims of overworking, threats, and abuses from senior employees. Spouses may become victims of workplace violence when domestic violence extends to the workplace. An employee may be attacked or abused by the spouse in the workplace due to unresolved domestic issues (Lee et al, 2010). Risk factors include mental health disorders such as stress, anxiety, and drug intoxication are common among people who commit workplace violence. Employees, customers, or patients with mental disorders have the highest probability of becoming violent. The employees’ inability to deal with a crisis is another risk factor (Lee et al, 2010). Emergency situations in the workplace may increase the stress levels in an emplo yee who loses control of the crisis and may perpetrate verbal violence. The age, years of experience, gender, hours worked, and marital status predispose workers to violence. Women and new employees may experience verbal and physical violence from senior employees. Employees dealing with the public such as police officers are exposed to attacks. Workers handling money such as cashiers are usually victims of criminal violence during robberies (OSHA, 2009). Employees working at night, guarding valuables, working in high crime areas, or transporting passengers have a high probability of being attacked. Workplace violence affects all stakeholders in a business. It has been estimated that organizations lose $202 billion annually due to workplace violence (Bowlers et al, 2007). Employers are affected by the violence due to reduced workdays and low employee morale. Employers also have to restore stolen property, replace damaged property, legal expenses, and compensate victims. Employees ar e also affected by the violence due to high levels of stress, physical injuries, depression, and high healthcare expenses. The personal relationships between employees also change in cases of employee-employee violence (Snyder, Chen and Vacha-Haase, 2007). Demoralization of employees leads to reduced job efficiency. This affects the quality of services delivered to customers and clients. Violence involving customer or clients may lead

Left vs. Right brain and how it can impact learning Research Paper

Left vs. Right brain and how it can impact learning - Research Paper Example The right hemisphere can also perform mathematical estimations and comparisons to a limited level. Comprehension of visual imagery and interpretation of a voice tone are aspects performed by the right side of the brain. It is complex to tell how a person becomes right or left brained. Some people can be left or right handed, and that is alluded to the side of the brain is dominant. The brain assigns and balances functions to each side of its hemisphere. The portioning of tasks is done to ensure efficiency in the performance of the brain. The asymmetry of the brain is necessary in ensuring that there is no conflict in terms of performance and control. Left brained persons are known to be objective, analytical and logical. A right brained person is thoughtful, subjective, and intuitive. Psychologists note this to be lateralization of brain function. Each side of the brains plays a role. Nobel Prize winner, Rodger Sperry observed that incision of corpus collosum eliminates or reduces epileptic seizures. However, the patients experience other symptoms when the corpus collosum is cut. Such patients cannot name objects processed by either side of the brain (Fitgerald, 2010). Despite being lateralized, the two sides of the brain still work as a unit. Some analysts have also refuted claims that one side of the brain can be dominant than the other. Right brained persons are said to be more creative than their left side counterparts. It is believed that right-brained thinkers are very few. We can allude that they view things from a different perspective. That trait is what makes them creative. The left brained persons are objective but lack the natural creativity. Not that they are not creative at all, but they articulate it in a unique way (Duncan, 2009) Right brained people can learn much about abstract art. Abstract art has an element of disorganization and lack of order. It entails no boundaries and involves creativity. It is easy for

Management in a Globailsed world Assignment Example | Topics and Well Written Essays - 1250 words - 4

Management in a Globailsed world - Assignment Example This paper seeks to address some questions on globalization as listed below: Globalization entails activities that assist countries and societies to broaden and deepen thus increasing their interdependence around the world. Broadening and deepening is the establishment of links and using them to increase the regularity and intensity of the communications, transactions, relationships and general interactions among the involved societies and states (Cohn, 2011). Globalization has led to developments in management and other significant sectors in the corporate world as companies come up with excellent strategies to overcome the competition and as a way of keeping up with the trends. The vast growth in international market relates with developments in areas such as communication and transportation technologies that are the key facilitators of the strategic links between the participating states and MNCs. However, globalization’s impact varies in the different countries and in most cases; it threatens the domestic autonomy causing issues among the local economies. Upon entry into the international market, countries take up new roles and responsibilities, which do not restrict them from making policy choices. The policy choices are the determinants of states and societies’ experiences of globalization i.e. unity and cooperation or fragmentation and conflict. A good example is the case of Multinational Corporations (MNCs), companies that distribute goods and services across borders with an aim of spreading ideas and controlling assets in more than one state. They play a significant role in globalization and most people argue that they make the greater part of it. MNCs mostly practice Foreign Direct Investments (FDI): this way they are able to manage rights and control economic transactions in different states. Today, there is no certain way to predict global markets because of promptly altering

Nuclear Power Assignment Example | Topics and Well Written Essays - 500 words

Nuclear Power - Assignment Example Nuclear power and hydropower are also used to supplement the fossil fuels. Oil is another source of energy that is presently used for running automobiles and for transportation purposes. While taking into consideration other sources of fuel, research has proven that the nuclear power is cleanest and safest source of energy and has the least adverse impact on the environment. In addition it uses uranium, which is more plentiful than the fossil fuels. Nuclear energy does not emanate any toxic gases or metals into the environment. It affects the ecosystem like the hydropower. Empirical research has proven that the nuclear wastes have less negative impact when compared to those caused by the silt in dams or produced by coal. More so, a pound of uranium can produce more than 20,000 times more power than that produced by a pound of coal (Miller, 2004). The nuclear plants produce by far less wastes than those produced by coal of the same quantity. The fossil fuels emit wastes in the atmosphere whereas nuclear wastes are disseminated into the non-radioactive synthetic rocks that are buried underground in remote areas, hence having limited chances of harming any living thing . The amount of nuclear power is unlimited when compared to other sources of fuel due to the big volume of uranium in the earth’s crust. Other sources of fuel like oil are likely to get exhausted, more so, most of the oil reserves are located at the golden triangle in the Persian Gulf. The area of the Persian Gulf is faced by many conflicts including the terror groups hence making extraction of oil very expensive and unreliable. When compared to the nuclear power, the solar power requires tax credits and government subsidies to make its power production viable. The wind power unfavorably affects the ecosystem by killing birds and other flying animals. Despite many people advocating for the use of wind power and solar power, they cause more harm to the environment than the nuclear or the

Syncope Research Paper Example | Topics and Well Written Essays - 750 words

Syncope - Research Paper Example Syncope can cause injury if the victim falls on things that can hurt him or her. Syncope is preceded by dizziness, nausea, light-headedness, and black out or white out field of vision. Syncope can be triggered by pain, trauma, prolonged standing, or emotional stress. Syncope is categorised into several types. Carotid sinus syncope occurs as a result carotid artery constriction around the neck and it normally happens when having a tight collar, in the shaving process, or after turning the head. Vasovagal syncope is usually triggered by stress, pain, or trauma. Situational syncope occurs in the process of urinating, coughing, defecation or can also be stimulated by gastrointestinal process (Hain, 2009). In a dental office, it is a common phenomenon to encounter cases of syncope. Syncope in this case can be because of anxiety, fear, emotional distress, and pain. Syncope always happens in a dental office due to fear, unusual smells and images, fasting as a result tooth ache, pain, and fatigue. Syncope is frequent case to young men. The dentist should always be prepared to handle syncope cases. There should be adequate drugs and equipments to handle case of syncope. Before syncope sets in, the body undergoes a period known as presyncope whereby the victim suffers inadequate cerebral circulation therefore leading to lack of oxygen and glucose. Initial symptoms include a change in the skin colour to a pale complexion followed by a cold sweat (Hain, 2009). The victim then suffers a feeling of dizziness, warmth around the neck and in the head, nausea, light-headedness, tingling in the fingers and the toes. Many victims may complain of a bad feeling, or that everything becomes dark prior syncope. Fainting can happen abruptly. Syncope is actually the duration by which the victim loses realization. Other common symptoms are weak thread pulse, hypertension, and bradycardia. Unconsciousness leads to muscle relaxation resulting to obstructed airway, because of

Negative speech for legalization of divorce Essay Example for Free

Negative speech for legalization of divorce Essay A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. To ensure that a particular divorce serves public policy interests, some states require a cooling-off period, which prescribes a time period after legal separation that spouses must bear before they can initiate divorce proceedings. Courts in the United States currently recognize two types of divorces: absolute divorce, known as divorce a vinculo matrimonii and limited divorce, known as divorce a menso et thoro. To obtain an absolute divorce, courts require some type of evidentiary showing of misconduct or wrongdoing on one spouses part. An absolute divorce is a judicial termination of a legal marriage. An absolute divorce results in the changing back of both parties statuses to single. Limited divorces are typically referred to as separation decrees. Limited divorces result in termination of the right to cohabitate but the court refrains from officially dissolving the marriage and the parties statuses remain unchanged. Some states permit conversion divorce. Conversion divorce transforms a legal separation into a legal divorce after both parties have been separated for a statutorily-prescribed period of time. Many states have enacted no-fault divorce statutes. No fault divorce statutes do not require showing spousal misconduct and are a response to outdated divorce statutes that require proof of adultery or some other unsavory act in a court of law by the divorcing party. Nevertheless, even today, not all states have enacted no fault divorce statutes. Instead, the court must only find 1) that the relationship is no longer viable, 2) that irreconcilable differences have caused an irremediable breakdown of the marriage, 3) that discord or conflict of personalities have destroyed the legit ends of the marital relationship and prevents any reasonable possibility of reconciliation, or 4) that the marriage is irretrievably broken. Look to various state laws to determine the divorce law within a particular jurisdiction. The Uniform Marriage and Divorce Act may provide further guidance. PROPERTY DIVISION Following a divorce, the court must divide the property between the spouses. Before legislatures equalized property allocation between both spouses, many divorce statutes substantially favored property allocation to the wage-earning spouse. These statutes greatly disadvantaged women disproportionately because during the 18th, 19th, and early-20th centuries, the participation of women in the workplace was much less than it has become during the latter-half of the 20th century and early part of the 21st century. The statutes failed to account for the contributions of the spouse as homemaker and child-raiser. Modern courts recognize two different types of property during property division proceedings marital property and separate property. Marital property constitutes any property that the spouses acquire individually or jointly during the course of marriage. Separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. If the separate property-owning spouse trades the property for other property or sells the property, the newly-acquired property or funds in consideration of the sale remain separate property. Modern division of property statutes strive for an equitable division of the marital assets. An equitable division does not necessarily involve an equal division but rather an allocation that comports with fairness and justice after a consideration of the totality of the circumstances. By dividing the assets equitably, a judge endeavors to effect the final separation of the parties and to enable both parties to start their post-marital lives with some degree of financial self-sufficiency. While various jurisdictions permit recognition of different factors, most courts at least recognize the following factors: contribution to the accumulation of marital property, the respective parties liabilities, whether one spouse received income-producing property while the other did not, the duration of the marriage, the age and health of the respective parties, the earning capacity and employability of the respective parties, the value of each partys separate property, the pension and retirement rights of each party, whether one party will receive custodial and child support provisions, the respective contributions of the spouses as a homemaker and as a parent, the tax consequences of the allocations, and whether one spouses marital misconduct caused the divorce. Most jurisdictions also give the family court judge broad jurisdiction by providing judges with the right to consider any other just and proper factor. When assigning property, judges cannot transfer the separate propert y of one spouse to another spouse without the legislature having previously passed an enabling statute. Whether such an enabling statute exists varies between jurisdictions. Alimony refers to payments from one spouse to the other. A court can order one spouse to pay three different types of alimony permanent alimony, temporary alimony, and rehabilitative alimony. Permanent alimony requires the payer to continue paying either for the rest of the payers life or until the spouse receiving payments remarries. Temporary alimony requires payments over a short interval of time so that the payment recipient can stand alone once again. The period of time covers the length of the property division litigation. Similar to temporary alimony, rehabilitative alimony requires the payer to give the recipient short-term alimony after the property division proceedings have concluded. Rehabilitative alimony endeavors to help a spouse with lesser employability or earning capacity become adjusted to a new post-marital life. Courts allocate alimony with the intention of permitting a spouse to maintain the standard of living to which the spouse has become accustomed. Factors affecting whether the court awards alimony include the marriages length, the length of separation before divorce, the parties ages, the parties respective incomes, the parties future financial prospects, the health of the parties, and the parties respective faults in causing the marriages demise. If a couple had children together while married, a court may require one spouse to pay child support to the spouse with custody, but one should note that alimony and child support differ.

Novating design team to a contractor

Novating design team to a contractor Synopsis Clients within the Construction Industry prefer to use the JCT Design Build Contract rather than other traditional procurements methods. Novation is a process that allows Clients to oversee the early stages of design development of a project and then transfer the responsibility for the design to a Contractor after the contract has been awarded. By transferring the responsibility to the Contractor through novation the Client takes minimum risk contractually while retaining an influence on project design from the initial stages. This process transfers maximum risk to the Contractor as he becomes responsible for all future design of a project and all past design completed up to the point of a contract being awarded, this includes any design errors. Both Contractors and Designers must work together closely on any design and build project, but particularly when novation has taken place. For a project to be profitable and be completed on time it is essential that there is a good working relationship between Contractor and Designer. Research to establish if the process of novation has an adverse affect on the working relationship between Contractor and Designer was conducted. The aims were to identify factors that may affect the working relationship of the two parties and to understand the opinions of both Contractors and Designers about what affect novation has on their working relationship. The objectives of the research were to highlight specific problems within the process of novation and recommend improvements to industry. To achieve this research in the form of a literature review, questionnaires and an interview with Contractors and a Designer was performed. The report recommendations are aimed at Clients to hold more pre-contract meetings with Contractors not just Designers, and understand the criteria a Contractor follows when appointing a Designer to ensure compatibility between parties when in Design and Build contract together. Acknowledgements I would like to express gratitude to the following people and organisations for their time, knowledge and support in assisting the in the successful completion of this research project: My final year Supervisor Dr Ron Craig of the Civil and Building Engineering Dept of Loughborough University, for constructive criticism and guidance throughout the process of developing the dissertation. HBG UK Ltd for using a lot of Commercial Managers, Design Co-ordinators, Legal Correspondents and Personnels time in completing the literature review and aiding in the data collection. The Commercial Manager of the second Contracting Company questioned The Architect questioned for his experience and opinions of the process of novation. Mr Andrew Moss for proof reading the final draft of this report and suggesting possible alterations. Chapter 1 Introduction 1.1 Introduction to Subject The Design and Build form of J.C.T contract (please see chapter 4.0) has become more popular with construction Clients that employ Contractors to construct new buildings and/or renovate existing structures. The Authors research has shown that the percentage of contracts tendered for under a Design and Build form of J.C.T has increased over the last five years. In conjunction with this the traditional form of JCT contract has decreased in popularity with Clients. In many cases the designs which make up part of the contract between the Client and Contractor, under JCT Design and Build, are completed by a Design Team on behalf of the Client before the contract between the Client and Contractor is made. To ensure that the Contractor who successfully tenders for a project retains the Design Consultant that the Client employed prior to the contract being made it is sometimes necessary for a Client to novate (please see chapter 5) the design team across to the Contractor. The purpose of this report is to investigate into the problems, if any, with the process of novating a design team to a Contractor from the Client and suggest solutions. This report will also detail the affects on the working relationship between the Contractor and the Designer, and how novation either aids or hinders the working relationship 1.1.1 Aims of Chapter One To introduce the Dissertation subject area. The reasons behind the investigation of this Dissertation. To outline the work carried out and a description of the contents of the Dissertation. Detail a well constructed hypothesis that the investigation will either prove or disprove. To outline a guide to the report, and introduce each individual chapter. To detail the aims of the report and the objective that must be achieved to meet the aims. 1.2 Rationale behind I nvestigation The interest into the investigation of Are there always problems with novating a design team to a contractor? came about after the Authors industrial placement. While working on site for a Contractor on a J.C.T. Design and Build contract where the design team was novated it became apparent to the Author that there were many differences of opinions between the Designers and the Contracting Company. The main items of debate and disagreement between the Contractor and the Design Team were the Clients requirements. In the Authors experience there was a large difference of opinion of how design changes and/or variations should be treated between the Design Team and the Contractor. Whilst profit-driven Contractor seemed to always look for the cheapest and most cost effective way of bridging any design problem; where as the Design Team gave the impression that they were more concerned about the aesthetics of the design and the Clients design opinions rather than the buildability and cost. Many design variations that were requested by the Client, or those forced upon the Contractor were not always as the Contractor had specified to the Design Team. The Contractor felt that his time was wasted by the Consultant not designing elements as originally specified. The working relationship between the Contractor and the Designer seemed to deteriorate from the project start date, until beyond the design completion stage. After the Author had asked other members within the Contracting Company about the novation of a Designer to the Contractor it became apparent that the relationship between Contractor and Designer was similarly affected on other projects. The Author had discussions with the Client of the project he was placed on. The Client stated that more building work was being undertaken using the J.C.T. Design and Build form of contract as this reduces the risk to the client and/or the person funding the project. The Author found that under Design and Build more risk was placed on the Contractor, and that management techniques had to change to appropriately manage higher risk projects. He also realised that as more contracts were being made under the Design and Build form of contract with the Designers being novated to work for the contractor a greater knowledge of the subject area would be beneficial to the Author in the management of Design and Build contracts. 1.2.1 Originality of Thought The Author had discussions with his Supervisor before commencing the research about the subject matter. A hypothesis was agreed upon that gave the Author scope to research areas of the process of novation in design and build contracting that have not previously been discussed in an undergraduates research project for the Supervisor. The process of novation being used in the design and build contract has recently become popular with Clients. The aim of the research is to establish if Contractors and Designers have not yet fully adapted to the change and improvements in the working relationship between the parties must be made to ensure that they remain competitive and profitable. 1.3 Subject Definition Novation is a process in which [1]a contract between party A and party C is turned into a new contract between party B and party C. This process can only be achieved if all three parties agree that novation can take place. A Deed of Novation[2] is commonly used to terminate a contract between parties A and B, and then create a new contract between parties A and C. There are standard legal documents, blank deeds of novation, which are available as downloads from the internet, for example at (www.citysolicitors.org.uk/legal_activities as of 28/03/06). A deed of novation has been used for many years before it became popular with Clients in the construction design and build context. It is used in the sale of manufacturing companies, where components made are used by other larger companies. For example, the purchase of a windscreen wiper company by a new owner whilst retaining the commitment to an existing customer car manufacturer. Novation has many other wider applications other than construction; Porsche in their latest brochure[3] offer a novated lease for their new motor cars. In this case an Employee of a company (the lessee) signs a lease agreement with Porsche (the lessor). A Deed of Novation, then supplied by Porsche, is signed by Porsche, the Employee and the Employer. This then transfers the responsibility for the payment to the Employer. Novation is used in a construction context where the relationship between two parties has developed over time and the introduction of a third or new party is necessary. There then needs to be provision to contractually protect the existing parties in the relationship. 1.4 Report Intention The intention of this report is to investigate how the working relationship between the Contractor and the Designer novated to the Contractor from the Client could be improved to their mutual benefit, and to the benefit of the Client. However, the report may show that there is no improvement to be made, and that the process of novation as it presently stands is adequate. 1.4.1 Aims To identify clearly factors that may affect the relationship between the Contractor and the Designer under novation To discover any adverse characteristics that may cause a poor working relationship between the Contractor and the Designer To clearly understand the opinions of Designers and Contractors that has been involved with novation To understand the attitudes of Designers and Contractors towards novation To clearly understand the definition of novation and the context in which it is used within the construction industry To identify any differences in attitudes between Contracting Companies towards novation under a J.C.T. Design and Build contract To understand why Clients now prefer to use the Design and Build form of contract rather than the Traditional contracts they favoured to use To identify why Clients within construction novate the Design Team across to the Contractor 1.4.2 Objectives To highlight specific problems within the process of novation that requires improving To investigate how the process of novation may differ between contracts and/or with varying Clients To identify differences between the Contractors and Designers opinion of novation under the J.C.T. Design and Build Contract To highlight areas within construction where it is necessary to use novation in Design and Build contracts To advise the Contracting Companies of the most economic way of managing a Design Team that has been novated by a Client To identify if a Contractor and Designer have a better working relationship, i.e. have a greater understanding of each others objectives and needs, under a traditional contract rather than novation under a Design and Build Contract 1.4.3 Hypothesis The working relationship between Contractor and Designer is adversely affected by Novation. 1.5 Overview of Research Methodology The methodology of the research for this project will take the form of the following; please see the methodology in chapter three for a detailed discussion on the report methods used: A review of past and current literature concerning the background of novation within the construction industry. A review of specific literature concerning the working relationship of a Contractor and Designer. Discuss the definition of novation within construction, and where it is most commonly used in the industry. Design a questionnaire to send out to a selected Contractor and a Designer. Design an interview format and questions for a specific Contracting Company to answer on the subject of novation. Design an interview format and questions following the results of the previous interview to issue a separate questionnaire to a different Contracting Company to analyse company differences. Analyse results gathered in the interview to form a conclusion about the effect of novation in construction. Make suggestions or recommendations to the industry and Clients within the construction industry. 1.6 Overview of Main Conclusions The Authors completed research shows that there are ten factors that could adversely affect the working relationship between a Contractor and a Designer under a novation agreement. The Author found through analysing an interview and questionnaires completed by two Contractors and an Architect that the reasons for novation having an adverse influence on the working relationship of a Contractor and Designer were that: The time allowed for Contractor to Tender is not increased The loyalty of Designer to Client remains evident after novation to the Contractor There is usually a large distance between the Designers head office and the project Insufficient design fees are allocated at the tender stage There is an increased risk of error in design There could have been a previously poor working relationship between the parties The Designer may be inappropriate for the project The performance of the Designer is not consistent throughout the process of completing the design Novation is usually late or rushed from the Client There is an increased probability of conflict between the two parties The Author found that many of these factors were specific problems which could be attributed to the process of novation under a design and build project. Therefore, the results support the hypothesis of the research. However, additional research is required if the hypothesis is to be proven to be correct. 1.7 Guide to the Report Chapter One: Introduction This section introduces the study and outlines the hypothesis, aim and objectives of the research. It indicates the origin of the Authors interest in the subject, why the hypothesis was chosen, and describes the methodology that was followed. Chapter Two: Literature Review This section examines the literature research conducted by the Author. It is an investigation into the definition of novation, and describes where it is used within the construction industry. This section details the current view of the contractor in a novation agreement. Chapter Three: Methodology This section of the report describes the methodology which was used to conduct this research. It shows how the information was collected. It also includes the topics covered within the interview and the design of questionnaires that were employed. Chapter Four: Design and Build Contracts This section describes the forms of J.C.T. contract used and highlights the advantages and disadvantages to the Design and Build form of JCT contract. It provides an introduction into Design and Build and details the differences between the Employers Requirements and Contractors Proposals that are a key feature of the Design and Build contract. Chapter Five: Novation This section of the report describes in detail the uses of novation within a construction context. It gives a definition to the process of novation as used in a Design and Build situation. This chapter details the conflict of interest the Contractor and the Designers tend to experience due to novation. It illustrates the problems that may arise in the design, payment of design fees and the varying levels of the Consultants performance. Chapter Six:Analysis This section of the report is the analysis of the questionnaires sent to Clients within the building industry and their Project Managers and the Designers. It analyses the interviews conducted with the contractors and additional information gathered. Chapter Seven: Conclusion This section of the report presents the Authors conclusions based upon the findings within the analysis chapter of the report. It suggests solutions to the aims and objectives set out in the introduction, criticises the hypothesis around the report was based and highlights the possibility for further research. Chapter 2 Literature Review 2.1 Introduction The literature review is a comprehensive analysis of all relevant articles, books and publications to this research project. Derek Swetnam[4] describes the literature review as a report; That is central to the dissertation and in all styles of work it has a number of functions: It shows that you have read widely around your chosen topic It demonstrates your critical understanding of the theory It acknowledges that work of others It informs and modifies your own research The Literature review in this chapter is broken down into eight sub-headings. The chapter talks about the description of novation, then goes on to describe where novation is used today both in and outside the construction industry. The literature review describes the process of a Designer being novated to a Contractor. The final section of this chapter discusses and analyses in what way the literature which is reviewed is relevant to the Authors research project. 2.1.1 General Aims To break down the causes of the problem highlighted in the hypothesis into logical stages. To collect and analyse previous research and literature to further investigate the subject area of this project. To research any previously made recommendations. Make recommendations which have been concluded from a detailed literature review. 2.2 Aim of This Literature Review What is the description of Novation and in what context was it used before in construction? Where is Novation used today outside of construction and what is its main purpose? What other uses are there of Novation within construction other than a Designer being novated to a Contractor? When did Novation of a Designer to Contractor become popular with Clients in the construction industry? Have there been problems with the novation of a Design team to a Contractor in the past? When is Novation practical in construction contracts? What are the risks to the Contractor in the novation process? 2.3 Contents of Literature Review 2.3.1 Description of Novation David Janssens[5] stated that: Occasionally, an Employer may stipulate that the successful Contractor is to engage one or more of the Employers consultants to complete the design and detailing of the project in the post-contract stage. Such consultants are employed by Contractors under novation agreements, i.e. a novation agreement is a new agreement in substitution of a previous agreement between the Consultant and the Employer. Novation exists when an agreement or contract between two parties is going to be broken and a third party enters to take the place the agreed or contract role of the party which is leaving the agreement or contract. Novation can also exist when a third party enters into an agreement or contract without any other party leaving. Jeremy Hackett[6] stated that: Novation is a legal concept, formally providing for the re-employment of a Consultant by the Contractor, as part of the contract agreement between the Employer and Contractor. Should the Contractor merely choose to re-employ the same individuals who have previously sat the other side of the interview table from himself that would not be novation, but its effect would be very similar. 2.3.2 Uses for Novation. Novation is not only used within the construction industry, the use of novation in law is much more commonly used in the buying and selling of manufacturing companies. In this context a novation agreement maybe drawn up by lawyers of a manufacturing company which intends to sell to buyer whilst still retaining the same business clientele. In this instance a customer of the business being sold would be novated across to the new buyer of the business, this ensures that the customer can always source what ever item the new buyer manufactures. Ann Arbor[7] Stated that: A hospital in Texas is taking electronic commerce beyond purchase orders and usage reports to adoption of digital contract management. The sooner hospitals are able to sign up to participate in new contracts, the sooner they are able to access contract pricing. Using the enhanced form management program, materials managers can submit forms online where suppliers can approve them, also online. In this example a hospital in Texas is using the agreement of novation over the internet to sign up for new contracts much faster than it was able to previously. This has benefited materials managers the most as they are able to source cheaper or higher quality materials from differing suppliers and simply transfer the agreement they have with one supplier to another using novation. 2.3.3 Alternative uses of Novation within construction. The section above discusses how different forms of novation are implemented in areas other than the construction industry. However, within the realms of construction there are many more uses for the novation agreement to be used. The use of novation within construction has only been commonly used during the past decade or so, the main reason for this is the introduction of the JCT Design and Build Contract which made the novation of Designer to the Contractor much easier for the Client. Before the introduction of Design and Build Contract novation was present in the same format it exists today in other industries as mentioned above. If during the construction process a Client was unable to fund any further necessary works and there was a willing buyer to stand in for the Client, it may be in the interest of the entering party to continue to use the existing Contractor. The easiest and least time consuming way to do this would be using the Novation agreement. The second way in which novation occurred in a construction context before the introduction of the Design and Build Contract was if the Contractor was suffering from financial issues or the relationship between himself and the Client has been irreparably affected in someway. If a situation like this occurred it was beneficial for the Client to take on board a new Contractor through a novation agreement. This removed the necessity for the remaining works to be re-tendered, and the likelihood that the Client would have to pay an excess for the works to be completed. 2.3.4 When did novation become popular with Clients Jim Smith[8] stated that: The choice of a procurement method is probably the single most important decision the client makes, other than the decision to build. The various procurement methods can be described, as defined by Masterman (2002), under these three distinct categories: Separated and co-operative. Integrated. Management orientated. In the last few years and particularly within the past decade the procurement methods for contractors have been moving away from the more traditional contracts as described above. The change to a procurement method which uses the second and third categories above has largely been Client-driven; the main reason for this is that the Contractor has to accept a high level of risk if he is to tender successfully for a project. As more design development has been shifted across to the Contractor it is becoming easier and more cost effective for the Client to shift higher levels of risk to the Contractors. The Design and Build contract and all its variations have expanded considerably to accommodate a Clients needs in recent times. The Royal Institution of Chartered Surveyors (RICS) [9] in 2000 stated that: Design and build and its variations have expanded considerably in the last decade. It has increased dramatically in the 1990s going from a 10 percent share during the 1980s up to a 35 percent share of the construction procurement market, with management contracting declining to a 10 percent share. Chan stated[10] that: 21% of private Clients in the UK use the Design and Build system, of which 42% commonly use Design-Novate and Construct for their projects. Design-Novate and Construct has also been widely adopted in Australia and Hong Kong. David Jaggar[11] Stated that: The major advantages of design and build are that all the risks, both financial and period for completion, are transferred to the design and build contractor, with the client only dealing with one organisation, so eliminating the complexities and frustrations of dealing with a range of separate organisations. The approach also overcomes the problem of the separation of design and construction, so saving overall time and allowing the design to reflect improved buildability in the construction solution. The argument against this is that a Contractor may be taking a higher percentage of higher risk projects. However, as a Client is off loading a lot more risk than what was traditionally not possible in the past they are able to fund much more projects and engage a lot more designers. The result of this is that the Contractor has more work to tender for and a much higher chance of winning projects as more tenders will be processed. 2.3.5 Issues arising from using Novation in construction. Jim Smith[12] stated that: There is considerable debate as to the merits and demerits of the approach and it is fair to say that many design professionals were unhappy about the approach, not least because there was a reduction in their own influence and independence. However, a valid view put forward, which undoubtedly design and build suffered from in the 1980s, was that the quality of the final building was often inferior and the role of design was devalued, as the design and build contractors shaped the design to suit their particular methods of construction. More recent views from clients noted above indicate that they were satisfied with the quality of their completed design build projects. The Design Manager of a Contracting Company plays a critical role in the development of design to determine a contract value for a project. The role involves being able to balance cost and quality and time constraints within a framework. This is an essential skill for all Design Managers or Project Co-ordinators. The Design Manager will work closely with the Commercial Manager at the tender stage of a Design and Build contract when novation of the Design team is being used by the Client. It is crucial that both managers work together to reduce the amount of design and financial risk the contractor will have to carry through the contract period if the tender submission is to be successful. Allinson[13] states that: The developments in the construction industry, the continuing specialisation of professions and the rising application of alternative procurement methods have all contributed to the gap between design and management, but they have also emphasised the need for a design professional with management and technological skills. The management of the process should ensure a successful and deliverable project When Design and Build contracts first became widely used by Clients in the 1990s Contractors tended to manage the building works in the same way they managed traditional contracts. Here a Project Manager was responsible for the development of the construction and concluding the outstanding design issues as well as resolving any building sites day-to-day issues. Project Managers were supported by a number of other managers such as Services Engineers, Site Management and Quantity Surveyors. Jim Smith[14] states that: However, a single reporting source on all aspects of design and cost has not always benefited the client, contractor or the project. Projects have been organised in a very flat structure with numerous lines of responsibility reporting directly to the project manager. The larger projects would have over half a dozen separate factions directly beneath the project manager, including the above stated managers, structure coordinators, documentation managers, tendering coordinators, contract administration, project administration and occupation health safety and rehabilitation (OHSR). In practice, this structure has proved to be an inefficient and ineffective form of management on many projects.

AIDS :: AIDS Essays

Scientists have concluded, based on mathematical research, that the virus that lead to the epidemic of AIDS can be traced all the way back to 1930, somewhere around Central Africa. Bette Korber, of the Los Alamos National Laboratory in New Mexico, presented this conclusion at the Conference of Retroviruses. The notion that HIV was introduced in contaminated oral polio vaccines in Africa between the years of 1957 and 1961 has been often debated and challenged. The results presented by Korber, not only refute the before mentioned allegations, but also move us toward finding out where the virus really came from and in which direction it is heading in the future. The first sample discovered in 1959 comes from a man in Congo, who died as a member of the M class of HIV, the type that most people are infected with today. However old the virus was, it was evident that it wasn’t the first of its kind. The reason that the virus was ever connected to polio is because in the same year of 1959, the introduction of oral polio vaccines, supposedly tested on chimpanzees, came to the continent of Africa. However in reality, states Stanley Plotkin of the Wistar Institute in Philadelphia, â€Å"the introduction of HIV in chimpanzees occurred well before the polio vaccine.† The machine used in the process of determination is the Los Alamos Nirvana Machine, which is capable of making one trillion calculations per second. After plugging in dates, formulas and locations, the Nirvana located the origin of the HIV virus as being 1930, however the range of error shows that it could have been anywhere from 1915 to 1942. The Nirvana was also able to determine that the virus appeared in the Caribbean Islands such as Haiti, in the 1960’s, while it came to America more than ten years later. It is quite definite that the virus came from chimpanzees in the area around Gabon, Cameroon, and the Central African rainforest. It most probably passed onto the hunters while they were butchering the animals. After that, the virus has taken on six different strands, and is spread in humans mostly through sexual intercourse. Issue The matter being discussed here is the AIDS epidemic. AIDS and the HIV virus are very real issues in the world and especially in America. Whether it is the needle of the syringe of a junkie, a blood transfusion or the exchange of bodily fluids, people are getting infected and dying every day with this disease, and there is no remedy.

The History of the Internet :: Technology Computer Essays

The History of the Internet The Internet is the latest and most powerful invention that has expanded the world’s communication. It has greater effects on our civilization than any other previous inventions. It has reached every corner of the globe. It has interconnected the world and created an electronic village. Unlike any previous human inventions, the Internet is a wide common resource for all people. Anyone can say whatever he/she wants to say and this can be heard by anyone else with access to the Internet. Cairncross (2001) states â€Å"never has anyone invention shot from obscurity to global flame in quite this way† (p.75). According to Cairncross, in 1990, only a few academics had heard of the Internet. In 1995, it was possible to write a book on the future of the computer and communications industries without mentioning the Internet. However, by 2000, â€Å"perhaps 385 million people around the world had acquired a new global source of information on a giant scale† (p.75). Thanks to the Internet, the 21st century people live in a world-wide community. In this community, there is no domination of one language or culture over another. Nothing can govern the type of information permissible on the Internet. The Internet has really become important for all of the people in the world. In order to understand the evolution of the Internet, a short history of the people and communities that brought the Internet may be useful as well as essential. In the following paragraphs we will provide a brief introduction about the history of the Internet; why it was started and how it came to be. Before the Internet, personal computers did not exist. The size of the computers was very large. At that time, these giant computers â€Å"cost hundreds of thousands of dollars, filled entire rooms, and they were very complicated and very expensive to run† (Wolinsky, 1999, p.7). In 1957, there was a great deal of tension between the former Soviet Union and the United States. Although the two countries were not involved in a real war, the US government was concerned about a possibility of a nuclear attack. This period is known as the Cold War. After the Soviet Union had launched the first space satellite, Sputnik, on October, 1957, the US government decided to catch up with the Soviet Union technology. It managed to â€Å"connect major computing centers around the United States so that they could work together and communicate† (Wolinsky, 1999, p. The History of the Internet :: Technology Computer Essays The History of the Internet The Internet is the latest and most powerful invention that has expanded the world’s communication. It has greater effects on our civilization than any other previous inventions. It has reached every corner of the globe. It has interconnected the world and created an electronic village. Unlike any previous human inventions, the Internet is a wide common resource for all people. Anyone can say whatever he/she wants to say and this can be heard by anyone else with access to the Internet. Cairncross (2001) states â€Å"never has anyone invention shot from obscurity to global flame in quite this way† (p.75). According to Cairncross, in 1990, only a few academics had heard of the Internet. In 1995, it was possible to write a book on the future of the computer and communications industries without mentioning the Internet. However, by 2000, â€Å"perhaps 385 million people around the world had acquired a new global source of information on a giant scale† (p.75). Thanks to the Internet, the 21st century people live in a world-wide community. In this community, there is no domination of one language or culture over another. Nothing can govern the type of information permissible on the Internet. The Internet has really become important for all of the people in the world. In order to understand the evolution of the Internet, a short history of the people and communities that brought the Internet may be useful as well as essential. In the following paragraphs we will provide a brief introduction about the history of the Internet; why it was started and how it came to be. Before the Internet, personal computers did not exist. The size of the computers was very large. At that time, these giant computers â€Å"cost hundreds of thousands of dollars, filled entire rooms, and they were very complicated and very expensive to run† (Wolinsky, 1999, p.7). In 1957, there was a great deal of tension between the former Soviet Union and the United States. Although the two countries were not involved in a real war, the US government was concerned about a possibility of a nuclear attack. This period is known as the Cold War. After the Soviet Union had launched the first space satellite, Sputnik, on October, 1957, the US government decided to catch up with the Soviet Union technology. It managed to â€Å"connect major computing centers around the United States so that they could work together and communicate† (Wolinsky, 1999, p.

How To Lead A Revolution :: essays research papers

How to Lead a Successful Revolution Profile For a Successful Leader   Ã‚  Ã‚  Ã‚  Ã‚  There are a lot of traits that a person must posses to become a successful leader. The examples I am about to present to you are just a hand full of the important traits. The first trait a group should look for in a revolutionary leader would have to be a strong military background, if you are going to war u must have a general of some capacity leading your forces into battle. The second most important trait that a strong leader must have is a good education, back then a good education was knowledge of literature and the ability to read. The ability to read would have given your leader a great advantage, your leader could have read a history book and he would have known what mistakes to avoid. The third most important trait is your leaders ability to command a large amount of people. If you have a leader who cannot control his own army than a defeat is inevitable. Also your leader must want to improve the well being and living conditions for all of his followers. And lastly he must be influential, he must posses the ability to sway the minds of skeptics who do not believe in him or the cause. Being influential has another benefit to it also, an influential person will leave behind people that will carry out your leaders plans in the untimely event of your leader being killed or exiled. A leader who seems to posses a great number of the qualities stated in the above paragraph is Toussaunt L’Ouverture. A self-educated former slave, who led a slave uprising in French-occupied Haiti. When the uprising began he was nearly 50 years old his intelligence of military skills soon earned him the position of leader. He learned about Napoleons struggles in Europe and he decided then was the time to act. In 1798 Toussaint had achieved his goals and he started on the rebuilding of a war-torn nation. He won support of French Planters by offering them generous terms, he tried to heal rifts between classes by opening a government to whites and mulattoes and also Africans, he set out to improve agriculture, expand trade and give Haiti a constitution. When he was exiled more Haitian leaders followed in his footsteps and in 1820 they were a free nation, the only non-slave nation in the Western Hemisphere at that time.

Mba Essay Sample

MBA essay sample I came from a family who made constant use of street smarts to survive living in Nigeria. Both of my parents have not even finished secondary education. However, my hardworking mother never wanted the same fate for me. She never dare imagine me as a mainstay in the sweltering, overpopulated streets of Lagos, in danger of becoming the next victim of violence. It is a city full of tribal and religious tensions, forever waiting to explode. Yet, this was where I had learned leadership and discipline.It was hard enough to live in a dangerous neighborhood, but to concentrate in my studies while helping my parents sell market goods during my free time seemed next to impossible. I made a game out of it, giving points to myself for everyday I was able to fulfill all my duties. If I had to add the points together and redeem them in a form of money, I would now be a very rich man. With points in my imaginary bank, I was able to get a college degree in Economics.This made sense to me because I had always been interested in supply and demand. My parents’ daily toil in the market awakened me to this idea since I was just a young boy. I was also interested in the idea of rewarding a job well done, as I used to do to myself. An Economics degree also made me understand how some countries could rise and fall. I want to be able to control the rise of a future business. Here in the United States, I worried more about social acceptance and understanding.I am, after all, a minority among minorities, a black Muslim. The dangers that I was exposed to back home had taught me how to put on a brave front. However, I realized there was no need to be afraid. Even though there were still people who would look at me curiously when I don my traditional Nigerian clothes, everything is almost perfect. I say almost perfect, because we are always still working toward perfection. I am now aiming to enroll into an MBA program, hoping that this will enhance whatever business skills I already have.I want to be able to create a safer environment, in which my parents can sell their goods. Maybe I can convince them to start a new business, aside from selling in a market stall. An MBA degree is a special tribute I give to my parents. My parents value education, though they were not so lucky to become fully educated. It is with gratitude that I turn to them, looking back to the day I received my Economics diploma. It is with hope that I face my future, hopefully with an MBA degree that can help not just myself but my beloved parents to survive their plight.

Managing and Developing People (Developing People) Essay

Introduction In this assignment I will be interviewing a member asking for their past experience for undergoing a training programme. I will be researching closely upon aspects†¦ * The need for the individual to be on the training programme? * Training method used? * What the cost was? * Any obstacles which made it difficult? These aspects would make the findings for knowing why the member took the training programme and if they gained any skills or knowledge when on the programme. Alongside with what troubles arose when carrying out the training. Interviewee Description The member which I will be interviewing is a 26 year old female called Miss Georgina McDonald who is smart and civilised. She is hard working and likes to socialise with peers and friends. She is able meet deadlines and able to work under pressure when a great load of work is put upon her. The work which Miss Georgina McDonald would train for would be to use the cash machine at Asda. Miss Georgina has had previous skill from her last job where she had to cash up all the finances of her fathers business on a daily basis. She has good numeric qualifications in which will benefit her for any job. Job Role In Miss Georgina’s previous job she had to cash up all the money which was done in her fathers business and had to input the tight figures so that it couldn’t affect the accounts for the business. Her father had made her do the financing as she had the qualifications for maths and was able to count up properly. In Asda the job role which she would want to do is being at the cashing machine as this is one of the good things she is capable of doing. Identifying Reason for being on Training Programme The environment in which everyone does business in is changing constantly, the knowledge and skill needed for the job will also change. The individual to be on the training programme is so she can improve her skill on how to work on the cash machine. Training for using the cash machine is very essential as proper calculations are compulsory. Asda wants to make sure that who ever work in the cashier section is well trained and have no problems being able to carry out tasks on how to manage the cashier. This is taken as one of the important parts in a business as finance’s can not go wrong. Asda pushes on getting the individual well trained to be able to manage any troubles caused by being able to find out where she has gone wrong. All this matters in training and what they should be taught, what they need to collect how much, they need to give and if they go wrong somewhere how they can cover it. Miss Georgina was given the training as she did not have any cashier skills which would guide her alongside with the job. She had to be given a good level of training so that she could manage a till properly. Miss Georgina had been given the training because she knew without any previous skill or knowledge she would not be able to run a till. There were appraisals with Miss Georgina which helped her with the running and to tell her of any mistakes she was making and setting out objectives for the next appraisal. Description of Training Method For the individual to be on a training programme is so they can handle the work place more efficiently and work with what ever they have been given with best of ability. Usually young people who have left or still studying go on training programmes as it gives them the knowledge and motivation in life. Training methods come useful in the future as it shows what the individual has achieved and what they can offer to the business. Training comes in different form for e.g†¦. * Induction – An induction usually is the best way for people getting involved into activities in a new environment. This helps them to know the new place and be familiar with the others. This helps peoples confidence and be able to communicate with members. In Asda it is essential to give a new comer an Induction this is so that they would get familiar with any health and safety aspects and know where any fire exits are located. In many cases induction days are taken so that individuals can get to know the workforce which they in. This helps build confidence and gain a good communication. * Job Shadowing – This training method is known as an activity which many organisation make employees do when doing a task. This activity can make an individual carry out a task and make them improve on in by someone senior watching or they could do the task by their own skill and be told what they could do better from improving the method. Asda would not use a job shadow to know what the member is capable of doing and how they would increase the skill by telling them what to do. * Mentoring – This method helps individuals to carry out an activity with a senior teaching it. It helps individuals know where they are going wrong and how they can improve it. This helps the individual do the job from its existing skill and if they do it different then expected it would be corrected. Mentoring is a good way of identifying the individual’s capability of doing a task and how they can do it. If a senior is to show them how to use a cash machine they would get to know what the functions are for. This method will be appropriate for Asda to do on the individual. * On the Job Training – Many businesses usually use the method of training the individual at the work place. This is so that they can work with the resources the have there and also start off with using equipment they have to offer. The trainee is ready to undergo any task at the workplace immediately. When working on the job it is also an advantage to get feedback straight away rather then carrying out a task then being told later on. When the mentoring is done it is possible for the member to get on the job training so that they can work on the equipment at the work place. It is more of a benefit to get training in the real life rather then going somewhere and spending time there. If the member is able to carry the task and get training at the same time this would be less time consuming and not costly at all. * Off the Job – Many businesses tend to send there trainee’s off to another place to learn how to carry out tasks. Resources are used which they offer there and they use them to carry the task. Off the job training also consists of sending an individual off to do a course which they learn at a college or university. Off the job training is worth doing at Asda as this could make the individual gain more experience and skill and carry out the task efficiently. Many times Asda does not send employee’s on off the job training as this is costly and time consuming. Identifying Training Needs for Trainee The reason for Miss Georgina to be on the training programme is so that she can increase on her productivity for what she is good at. This would make her efficient and comfortable in carrying out a day to day activity. The training needs which will benefit Miss Georgina would be†¦ > Higher Productivity > Efficiency > Confident in Numeric > Have a high level of Motivation > Good future opportunity The reason why Miss Georgina has to be given this training programme is so that she could gain more knowledge on what she is good at. Miss Georgina is not fully qualified and understands the misuse of inappropriate use of calculations, this is why she has been given the opportunity to go on a training programme which she can touch up on and make sure that she don’t make silly mistakes. Strength and Weakness The strengths for using the training method on the job training will be a strength as it will help the individual to get a better view of the organisation and who they will working with. This is an advantage because it increases confidence and able to socialise with piers. It builds a family environment when doing this aspect because before they can come in to the real job they would have made friends already. For carrying out an OJT this is a way which the member can increase in skills and be able to forward their knowledge to someone else. Advantages of On The Job Training * Training can be delivered at the optimum time, this means it can immediately perform the task any time in the real world. * The trainee will have the opportunity to practise immediately * Immediate feedback will be provided * Training is delivered to trainee from senior who can integrate the trainee in a team. The Weaknesses in a business will always be the time consuming which effects the running as this is a crucial time in a business. If training programmes are made long it will also effect the costing. A weakness for training a member is that after getting the training from somewhere they usually head off some where better. The weaknesses which Asda could face are†¦ Disadvantages for On the Job Training * Too much training can be delivered in one session causing of information overload. * The trainer may not have the right skill and knowledge to teach the trainee with. * If immediate practise is not accompanied by feedback the trainee can feel abandoned after the initial experience. Benefit and Costs for Training The costs for training the individual at Asda will cost nothing as it will be carried out on the job, meaning what every training the member will get will be done in Asda. The reason for this is that it will not cost at all and the individual will be able to stay on the premises that won’t need to go off some where else. The benefit for doing this training will be so that the member can increase their knowledge by doing it efficiently and also if they have the opportunity to get promoted they could be able to handle a sector in Asda. The benefit for members to have a training programme is so that they can increase their skills and knowledge in any task they have been specified, also carrying out tasks more efficiently and in a short amount of time. By giving training it helps individuals to cut down on mistakes and blunders made by them. By training it can help health hazards reducing hazards being encountered at the work place. The costs for having training are the cost of materials which may be needed for the process and also the time needed by the members which will be issuing the programme. For training to be carried out it takes up a great deal of time for the leader as they have to make sure what they are teaching the member is relevant to the programme specified. It is also costly when setting up the resources for using on the training area and time is needed for when doing the training. Obstacles for Training Training can be seen in different ways, firstly, the management of the company might see it as a way of making the company more efficient, as well as teaching important skills to employees in order to improve performance. At the same time it can be seen as a way of rewarding hardworking employees with a different environment for a short period of time. On the other hand, employees might look back on their last training session, still trying to work out what exactly it was they learnt from the experience, but nevertheless having enjoyed the change of scenery but hating the pile of work that greeted them on their return. If training is implemented correctly it can bring back great rewards such as greater workplace efficiency, specialised skills and knowledge as well as employee satisfaction. Finally remember that depending on how training is done, it can be very productive and useful or a complete waste of time and money, it can bring teams together or split them apart.

Bases of Departmentation Essay

Bases of Departmentation 1. Functions. Important enterprise functions provide the usual basis for classifying activities into departments. Manufacturing, marketing, finance, personnel, accounting and engineering are the typical functions of an industrial enterprise, and departments ma be established on the basis of such functions. But all these functions are not alike in importance from the business point of view. Marketing and manufacturing are the basic functions of an industrial concern, and others are regarded as service functions because they exist for supporting the main functions of the business. Accordingly, basic and main functions must be given a higher organizational status than the status enjoyed by service functions. Further more, the size, nature and volume of business have an important say in creating departments. A small business may not require so many departments, and it may be put under the manufacturing departments, viz. Marketing, manufacturing and finance. Purchasing, engineering and accounting may be put under the manufacturing department, and accounting under finance. Conversely, large-sized enterprises may be required to create more units than this classification of functions warrants. For example, marketing department may be split into three separate ones like sales, advertising, and market research & product design. This type of departmentation is known by fictionalization. 2. Products. Products manufactured may be adopted for division as well as for sub division purposes. When there are several product lines an each product line consists of a variety of items, functional classification fails to give balanced emphasis on each product. Slow-moving and outdated products may be given greater attention at the cost of growing ones. For the sake of expansion and development of their products, many large enterprises have created more or less autonomous, self-sufficient products divisions based on either one single product or a group of related products. A gigantic structure with separate product lines is usually laid on this pattern of departmentation which is technically called divisionalization. With favourable product and market characteristics, divisionalization become the only choice available to large-sized enterprises. Apart form this use, product or services may be made the basis of major divisions by a epartmental store, a banking concern and an insurance company. Again, manufacturing an marketing departments may subdivide their activities on the basis of products. 3. Territories. Like the products basis, geographical regions are adopted for main division as well as for subdivision purposes. Units that are located at physically dispersed areas are made so many self-contained divisions of the organization . Apart form this divisionalization, marketing activities are very often subdivided on the basis of geographical areas. It has almost the same advantages and disadvantages as are to be found in the case of departmentation by products. There are two special advantages of this pattern of grouping activities. Being nearer to the market and becoming familiar with local conditions, this classification help to cater to the needs of local people more satisfactorily. In addition, the economy in transport cost, the local supply of raw materials or services and the convenience of supervision make a significant contribution towards the lower cost of operation. 4. Customers. This basis of classification is widely followed in subdividing activities of the marketing department. To give individual attention to diverse groups of buyers in the market, sales activities are often split into several parts. When the products are offered to an extensive market through numerous channels and outlets, it has the special merit of supplying goods in accordance with the peculiar needs of customers. Sales being the exclusive field of its application, co-ordination may appear difficult between sales function and other enterprise functions. Specialized sales staff may become idle with the downward movement of sales to any specified group of customers. 5. Processes. The manufacturing activities may be subdivided on the basis of their processes of production. Similar machines are grouped into separate sections that are utilized for a distinct operation of the job. For example, lathe machine, drill machine, grinding machine and milling machine are placed in each distinct unit. In office work also, this basis of grouping activities has become common, e. g. , filing department, mail handling department and duplicating department. Cost and economy considerations urge the use of electronic office equipments and other costly machine on the basis of this subdivision. It is, however, not a suitable basis to be utilized in any mass production arrangement. Characteristics 1. Delegation is the authorization to a manager to act in a certain way independently. The degree of delegation puts a manager to act within the limits prescribed by his superior. Moreover, withing the limits he is not free to act arbitrarily but subject to provisions of organisational policy, rules and regulation. . Delegation has a dual characteristic. A superior delegates authority to subordinates, however a superior at the same time still retains authority. As Terry has observed, ‘it is something like imparting knowledge. You share with others who then possess the knowledge, but you still retain the knowledge too. 3. Authority once delegated can be enhanced, reduced or withdrawn depending upon the requirement. The changes in organization structure, organisation climate, policy, procedure, and method require modifications in delegation of authority. Since, authority is delegated to an individual, the authority can be recovered back fully in the case of his exit from the organisation. 4. A manager cannot delegate authority which he himself does not process. Moreover, he does not delegate the entire authority to his subordinates because if he delegates all his authority he cannot work. 5. Delegation may be specific or general. Similarly, it can be written or unwritten. Delegation is specific when course of action for specific objectives are specified; it is general when these are not specified, though objectives are specified. Delegation of Authority Organisation units require the delegation of authority to their respective managers so that they can manger their respective units. Every manger in the organisation has some activities assigned by the superior. In order to perform these activities, he needs authority to take decisions about these and to enforce them. In fact, authority vests in the owners of the organisation, an from there, it is delegated to the chief executive. The chief executive cannot perform all the activities, hence, he assigns some activities to his subordinates and delegates them authority. This process of delegation and redelegation from superiors to subordinates goes on till all the activities are assigned to persons by whom these are performed. Departmentation The process of dividing activities into units and subunits is referred to as departmentation. The term departmentation is used in a generic sense n is not only confined to the creation of such units as are called departments, but it includes divisions, sections and jobs also. Dividing up work calls or identification of total activities and classification of such activities into units and subunits. There are three bases for primary grouping of activities at the second level of the organization just below the top level. Units at the second level are commonly called departments when business functions are adopted as the pattern of grouping activities. Such units go by the name of divisions when either products manufactured or territories are adopted as the means of classifying activities. There are, however, two approaches to departmentation- top down and bottom-up approaches. In the top-down approach, activities are divided step by step downward form the chief executive’s job to the operating jobs. In the bottom-up approach, the division of activities is carried on in a reverse order. Starting form operating jobs, there arise sections form combining some correlated jobs, departments from combining some sections and finally the chief executive position form putting departments together. While the top-down approach gives emphasis on co-ordination and managerial action, the bottom-up approach gives emphasis on co-ordination and managerial action, the ottom-up approach focuses attention on employee performance. Although the top-down approach is easy for understanding the departmentation process, both the approaches are utilized in actual practice. Steps in Organisation The steps in organization may be stated as follows : 1. Determination and enumeration of activities. The required activities are spelled out from the objectives of the enterprise. The to tal work, operating an managerial, is broken down into component activities that are to be performed by all personnel. The breakdown of activities is carried as far down as to determine the job of each individual. 2. Grouping and assignment of activities. Correlated and similar activities are grouped into divisions or departments first. And these divisional or departmental act5ivities are further divided into sections and jobs. Different bases are adopted for dividing and subdividing activities into different groups or blocks of work. Enterprise functions like sales. Production or finance, the products manufactured and territorial regions are usually made the basis of primary grouping. Secondary grouping is made on the basis of geographical areas, types of customers, equipments used, process or constituent parts of the major enterprise function. 3. Allocation of fixed duties to definite persons. Definite job assignments are made to different subordinates for ensuring certainty of work performance. These job assignments are first made to different management members who, in turn, allocate the jobs among their subordinates. Along with the allocation of duties to different positions, each job is to be staffed by the placement of qualified personnel. To make any systematic recruitment and selection, job requirements are first ascertained by the allocation of duties to different positions, and on the basis of job descriptions, man specifications are prepared. In accordance with man specifications which indicate qualification and experience expected form candidates for different posts, positions are filled by selection, training and placement of individuals. 4. Delegation of authority. Corresponding to the nature of duties, commensurate authority must be granted to the subordinates for enabling them to make adequate work performance. As authority without responsibility is a dangerous thing, so responsibility without authority is an empty vessel. Authority and responsibility are correlated terms and they are terms to be constants companions. Delegation is a three tier concept that calls for assigning duties and delegating authority to subordinates and demanding accountability from subordinates. Wherever duties are assigned to subordinates, whether managers or operators, the other two aspects of delegation come into the picture. Division and subdivision of activities create a number of managerial and operating jobs which are bound together in a consistent pattern by the delegation process. Absence of delegation in any enterprise implies that one person is performing the whole work of operation and management with nobody else to assist him. In such a situation, no formal structure can be designed as there is no proliferation of activities into levels. Fore establishing any organization structure, it is obvious therefore that delegation is to be effected in some way or other.