CJEU Decisions On TFEU Article 34 in Keck - Free Essay Example

Sample details Pages: 9 Words: 2582 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? The CJEUs reasoning although not the result in Keck is unsatisfactory for two reasons. First, it is inappropriate to make rigid distinctions between different categories of rules, and to apply different tests depending on the category to which particular rules belong. Secondly, the exclusion from the scope of Article [34 TFEU] of measures which affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States amounts to introducing, in relation to restrictions on selling arrangements, a test of discrimination. Don’t waste time! Our writers will create an original "CJEU Decisions On TFEU Article 34 in Keck" essay for you Create order That test, however, seems inappropriate. Discuss this statement. Date authored: 03 rd September, 2014. Introduction The decision of Keck[1] concerns the interpretation of Article 34 of the Treaty on the Functioning of the European Union (TFEU) [2] which is in turn concerned with removing any obstacles to inter-state trade within the EU. In aiming to foster the free movement of goods, this provision shares with numerous others the objective of creating a single, pan-European common market: a foundation of the Community-establishing Treat of Rome 1957 [3]. Kecks interpretation of Article 34 and its contribution to this wider objective has been the subject of much debate. Here, after a brief summary of the key jurisprudence of the Court of Justice of the European Union (CJEU) leading up to Keck, the specific criticisms made in the given statement – regarding the â€Å"rigid distinctions† and â€Å"test of discriminationin relation to restrictions on selling arrangements† to which Keck gave rise will be discussed. It shall be seen that while both criticisms hold water, they can and have also been countered on various levels, with the conclusion that Keck in fact had an overall positive influence on the law within the area. Summary of Article 34 jurisprudence leading to Keck As mentioned above, Article 34s direct purpose is to foster the free movement of goods by removing any obstacles to inter-state trade, reading: â€Å"Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States†. Although the concept of quantitative restrictions is not defined, here it simply means a limitation on the number of goods that can be imported by member states. As regards â€Å"measures having an equivalent effect† to quantitative restrictions on imports, again there is no formal definition, however in Dassonville the CJEU propounded a formula widely used since, that all rules within the EU â€Å" capable of hindering, direc tly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to a quantitative restriction† .[4] Ultimately, Dassonville paved the way for the landmark case of Cassis de Dijon [5] which confirmed that as well as discriminatory measures, Article 34 also captures non-discriminatory measures. The rationale given by the court for expanding Article 34s scope was that of â€Å"disparities between the national laws† of member states. [6] They reasoned that where imported products had to comply with regulations in both their home state and the state to which they exported this represented a disadvantage amounting to an obstruction to inter-state trade. Practically speaking, this distinction meant that regulations which required goods to be altered at the production or designing stage would normally be considered dual burden rules whereas regulations concerning how the goods are sold would generally be equal burden rules, and Cassis suggested that only the latter would be excluded from the scope of Article 34. Following Cassis, a number of issues came to the court, and while the CJEU generally adhered to the Cassis analysis as understood above [7], in several cases it did not.[8] One important example of the latter is the case of Torfaen Borough Council, [9] where the CJEU held that rules restricting shops from opening on Sunday could potentially be prohibited under Article 34, even though such a measure would clearly be an equal burden rule. Due to this such cases, and ultimately the divergence between these decisions and those found on the basis of the dual/equal burden distinction[10], many became concerned that the breadth of the Cassis test was too wide, that it was being abused, and effectively being utilised simply to protect the commercial freedom of traders rather than preclude obstacles to intra-community trade as such. [11] Keck attempted to rectify[12] this by explicitly propounding a further distinction between so called product rules â€Å"such as those relating to designation, form, size, weight, composition, presentation, labelling, packaging† which it deemed to be prohibited by Article 34 and â€Å"selling arrangements† which it deemed prima facie would not. [13] The distinction between product rules and selling arrangements The appropriateness of the distinction between product rules and selling arrangements is what the given statement calls into question., and this can only be assessed on the basis of its practical efficacy. In many cases the Keck distinction has been a success, dealing with complaints cogently. In Dinamic Medien[14], where the court held a rule in Germany placing restrictions on the sale of image storage media to young persons via mail order unless they had been reviewed as suitable and obtained a sticker to certified this was a product rule. They thus held it was prohibited by A rticle 34, reasoning that because it was a packaging requirement and also due to the fact imported goods of this nature would have to undergo a similar examination process in their home state such goods would be the subject of a dual burden. Similarly successful was Kecks use in Familiapress [15], where an Austrian rule which precluded the sale of magazines containing prize competitions was argued to fall within Article 34. Despite the argument that the prize was simply a selling arrangement, the CJEU contended that it would require changes to made to the product itself and therefore impose a dual burden on imports, notwithstanding the fact the rule was not directly discriminatory. However the problems with Keck can be seen where a rule does not seem to fit comfortable into either rigid category. The case of Morellato [16] concerned a rule imposing a requirement that bake-off bread (partially-baked bread, which needed a final cooking period before sale) be packaged and labe lled before sale. As this requirement was binding prior to the sale, it was evidently not a selling arrangement. Nevertheless, the court found that the rule was not prohibited by Article 34 on the basis that it simply was not a product rule, due to the product itself not needing to be altered before the sale. Similarly, but resulting in a different conclusion, was the case of Alfa Vita. [17] Also involving bake-off bread, the rule under discussion here required the product to be prepared only in traditional bread making environments (including facilities redundant to the specific process such as a flour store and kneading equipment). Despite the fact that the restriction of the sale of a product to a specific environment is an archetypal selling arrangement, [18] the court found this to fall outside of Article 34 on the basis of it clearly not being a product rule, requiring the product to be altered in substance. This shows that the assertion in the above statement is at least to some extent accurate. While the outcome of both Morellato and Alfa Vita is intuitively correct in terms of not preventing obstacles to inter-state trade, the courts judgements and reasoning were effectively shoehorned into the Keck distinctions in a way not envisaged in the initial articulation. Many have criticised Keck [19] in these terms and ultimately claimed the distinction between the rules to be overly formalistic, too little attention paid to the effect of rules and too much to their form. This argument certainly has some traction, although it perhaps neglects to appreciate the fact that the distinctions, while formal, are premised on conclusions concerning the effect of rules. The Keck proviso The second part of the given statement refers to a section of the Keck formulation exclusively concerning selling arrangements, often referred to as the Keck proviso. This condition qualifies the presumption that selling arrangements should fall outside of Article 34s scope by stating that this should be the case only providing that â€Å" those provisionsaffect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States† . This condition effectively â€Å"amounts to introducing, in relation to restrictions on selling arrangements, a test of discrimination† as per the essay statement under analysis. In itself, this would not be a big development considering discriminatory measures are a priori captured in any case; however by stating â€Å"in fact† Keck propounds a wider test of indirect discrimination as regards selling arrangements. The necessary investigations into fact resulting from the Keck proviso mean that often, the CJEU will defer to the national court after making an initial determination of whether or not a provision may fall within Article 34 should evidence be found. [20] Where the court considers itself to have a sufficient amount of market knowledge, it has decided on questions of fact, finding selling arrangements to fall within Article 34 by virtue of the Keck proviso. [21] In many cases however, a selling arrangement will be intrinsically discriminatory and wi ll require little investigation by the court; such as cases where there is a restriction imposed on sales based on proximity, as other Member States will automatically be at a disadvantage. [22] Whether the Keck proviso is inappropriate as contended in the essay statement is unclear. Clearly, there are situations where selling arrangements rightfully fall within Article 34 and it makes good sense for this to be provisioned for. On the other hand, Advocate-General Jacobs, in his Opinion in case Leclerc-Siplec [23], opines that the element of discrimination, as reintroduced by Keck, is irrelevant because if a rule â€Å"hinders inter-state trade† it does so regardless of its effect on domestic trade. The issue with this is that hindrance to inter-state trade, as Jacobs refers to it, is difficult to define, this being the reason for some of the difficulties giving rise to Keck: that is, individuals using Article 34 to protect their commercial freedom as traders. Jacobs furthermore claims that irrespective of discrimination, selling arrangements will often have an effect on intra-community trade and that the difference between them and product rules was one of degree, not substance, dismissing the efficacy of the rigid distinction approach. He thus proposes a test ofâ€Å"substantial hindrance to market access† [24]. This concept started to gain a following in the academic world, [25] and over time began emerging as a term in a number of cases in the area, culminating in the Motorcycle Trailers Case. [26] Rather than replacing the tests of Keck, Cassis and Frankovic, through the Motorcycles case the CJEU appeared to merely supplement them with the following: â€Å"any other measure which hinders access of products originating in other Member States to the market of a Member State is also covered by that concept† .[27] The notion of market access, while approved of by many has been unequivocally and comprehensively rejecte d as an improvement by others, Snell arguing that it adds nothing to the existing framework, collapsing to encapsulate either economic freedom or anti-discrimination. [28] The fact Bernard, in supporting the notion of market access, even goes so far as to concede measures such as â€Å"extreme limits on opening hours may well substantially hinder access to the market and so should breach [Article 34)†, illustrates the danger that the concept effectively takes the law back to pre-Keck days where Article 34 is effectively used to protect commercial freedom. [29] Conclusion Through the above analysis, it can be seen that while the given statement makes general criticisms of Keck that can be substantiated from one perspective, upon deeper evaluation, it is by no means a certainty that Kecks tests are inappropriate. While its distinctions and proviso leave something to be desired and thus room for development, they represented a significant step forward in making the CJEUs analysis and reasoning more cogent, if not drastically changing the likely outcomes of specific cases. Bibliography Bernard C, Fitting the Remaining Piece into the goods and persons jigsaw (2001) 26 ELRev. 35 Chalmers D, European Union Law, Text and Materials (Cambridge University Press 2006) Chambers D, Repackaging the Internal Market-The Ramifications of the Keck Judgment (1994) 19 ELRev. 385 Craig P, EU Law Text Cases and Materials (4th edn OUP 2008) Gormley L, â€Å"Reasoning Renounced? The Remarkable Judgement in Keck and Mithouard (1994) EBLRev. 63 Snell J, The Notion of Market Access: A Concept or a Slogan?‘ (2010) 47 Common Market Law Review 437 Weatherill S, After Keck: Some thoughts on how to clarify the clarification‘, (1996) 33 Common Market Law Review 885 White E, In Search of the Limits to Article 30 of the EEC Treaty‘, (1989) 26 Common Market Law Review 235 Cases Joined Case C-267, 268-91, Keck and Mithouar d [1993] ECR I-6097 Case 8/74, Dassonville [1974] ECR 837 Case 120/78, Rewe-Zentrale AG v. Bundesmonopolverwaltung fà ¼r Branntwein [1979] ECR 649 (Cassis de Dijon) Case 75/81, Blesgen [1982] ECR 1211 Case C-23/89, Quietlynn [1990] ECR I-3059 Joined cases 60 and 61/84, Cinà ©thà ¨que [1985] ECR 2605 C-145/88, Torfaen Borough Council v BQ plc [1989] ECR 3851 Opinion of Advocate-General Tesauro in case C-292/92 Hà ¼nermund [1993] ECR I-6787 Paragraphs 25-28 Case C-244/06, Dynamic Medien [2008] ECR I-505 Case C-368/95, Familiapress [1997] I-3689 Case C-368/95, Familiapress [1997] I-3689 Joined cases C-158 and 159/04 Alfa Vita [2006] ECR I-8135 C-391/92, Commission v Greece (â€Å"Infant milk?) [1995] ECR I-1621 Joined cases C-34,35 36/95 De Agostini [1997] ECR I-3843 Case C-405/98, Gourmet International Products [2001] ECR I-1795 Commission v. Germany (Hospital Medical Supplies) [2008] ECR I-6935 Case C-322/01 DocMorris [2003] ECR I -14887 C-412/93 Leclerc-Siplec ([1995] ECR I-179 Opinion of AG Kokott in case C-142/05 Mickelsson and Roos [2009] ECR I-4273 [1] Joined Case C-267, 268-91, Keck and Mithouard [1993] ECR I-6097. [2] Treaty on the Functioning of the European Union (As Amended by the Treaty of Lisbon 2007). [3] Treaty of Rome 25 March 1957. [4] Case 8/74, Dassonville [1974] ECR 837. [5] Case 120/78, Rewe-Zentrale AG v. Bundesmonopolverwaltung fà ¼r Branntwein [1979] ECR 649 (Cassis de Dijon). [6] Ibid paragraph 8. [7] Case 75/81, Blesgen [1982] ECR 1211; Case C-23/89, Quietlynn [1990] ECR I-3059. [8] Joined cases 60 and 61/84, Cinà ©thà ¨que [1985] ECR 2605. [9] C-145/88, Torfaen Borough Council v BQ plc [1989] ECR 3851. [10] Supra footnote 7. [11] See Opinion of Advocate-General Tesauro in case C-292/92 Hà ¼nermund [1993] ECR I-6787 Paragraphs 25-28. Also see E White, In Search of the Limits to Article 30 of the EEC Treaty‘, (1989) 26 Common Market Law Review 235. [12] See Supra 1 paragraph 14 whe re the courts states this as its intention explicitly. [13] Supra footnote 1 paragraphs 15 and 16. [14] Case C-244/06, Dynamic Medien [2008] ECR I-505. [15] Case C-368/95, Familiapress [1997] I-3689. [16] C-416/00, Morellato [2003] ECR I-9343. [17] Joined cases C-158 and 159/04 Alfa Vita [2006] ECR I-8135. [18] C-391/92, Commission v Greece (â€Å"Infant milk?) [1995] ECR I-1621; Quietlynn [1990] ECR I-3059. [19] See D.Chambers, Repackaging the Internal Market-The Ramifications of the Keck Judgment (1994) 19 ELRev. 385. [20] This was the case for example in De Agostini where the court had to decide whether a ban on television advertising of magazines for children was captured by Article 34. Since television, as contended by De Agostini, may be the â€Å" only effective form of promotion enabling it to penetrate the Swedish market since it had no other advertising methods for reaching children and their parents† the court held that despite being a selling arrangement, in fact the rule may discriminate against imports, but left it to the domestic court to decide. Joined cases C-34,35 36/95 De Agostini [1997] ECR I-3843. [21] Case C-405/98, Gourmet International Products [2001] ECR I-1795. [22] Commission v. Germany (Hospital Medical Supplies) [2008] ECR I-6935; Case C-322/01 DocMorris [2003] ECR I-14887. [23] C-412/93 Leclerc-Siplec ([1995] ECR I-179. [24] Also see Opinion of AG Kokott in case C-142/05 Mickelsson and Roos [2009] ECR I-4273. [25] See for example, S.Weatherill, After Keck: Some thoughts on how to clarify the clarification‘, (1996) 33 Common Market Law Review 885); and L.Gormley, Reasoning Renounced? The Remarkable Judgement in Keck and Mithouard (1994) EBLRev. 63. [26] C-110/05 Commission v Italy (motorcycle trailers) [2009] ECR I-519. [27] Ibid paragraph 37. [28] J Snell, The Notion of Market Access: A Concept or a Slogan?‘ (2010) 47 Common Market Law Review 437. [29] C.Bernard, Fitting the Remaining Piece into the goods and persons jigsaw (2001) 26 ELRev. 35 p.52.

The Alien Land Law ( 1913 ) - 893 Words

The Alien Land Law (1913), alternatively known as the California Alien Land Law and the Webb-Haney Bill, was legislation passed by Governor Hiram Johnson (1866-1945, Gov. 1911-1917) which directed that Foreign Aliens and immigrants were ineligible for citizenship and by extension restricted from leasing and owning land. While not explicitly discriminatory towards a particular group, the intention and focus of the law was directed at Chinese and Japanese immigrants in the United States who faced increasingly anti-Asian sentiment in most western American states. While ultimately Japanese-American persons utilized a range of legal means to circumvent the land lease and ownership stipulations in the Alien Land Law of 1913, subsequent state legislation was eventually enacted to further restrict the rights of Asian immigrants. Reflective of anti-immigrant and anti-Asian public sentiment expressed in discriminatory state laws of the period and indicative of the general treatment of Japanes e-Americans throughout the late nineteenth and early twentieth century. Though the California Alien Land Law was eventually found unconstitutional by the U.S. Supreme Court (1948, 1952), it nonetheless had a lasting impact upon Japanese-American s in limiting the economic and social opportunities available to them in the United States. California s Alien Land Law, passed on May 19 1913 legislated that aliens, for foreign citizens and immigrants were ineligible for citizenship. By extension,Show MoreRelatedNative Immigrants And The United States957 Words   |  4 Pagesboost. On the other hand the Japanese where treated unfairly and restricted by 1913 Alien Land Act. â€Å"Opposition to Japanese immigration led to Alien Land Laws that barred Japanese immigrants from buying or leasing farmland. 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History of Theatre Free Essays

History of Theatre Early in the 1700’s British people that were involved with theatre were mostly middle class. There were 2 kinds of new dramatic theatre: sentimental comedy and domestic tragedy. The fist playhouse was in the American colonies was built in Williamsburg, Virginia. We will write a custom essay sample on History of Theatre or any similar topic only for you Order Now In 1741 the greatest British actor was born and his name was David Garrick. Aeschylus wrote the first major playwright and multiple contests. â€Å"The Orestria† was the last remaining tragic trilogy. Sophocles pioneered painted scenery and added the third choral leader, wrote â€Å"Antigone. Euripides went against popular belief and pioneered female protagonist. Aristophanes was the first comedian and made fun of current leaders, rated â€Å"M† for mature. Gotthold Ephraim Lessing was the head German dramatist during the Enlightenment, as well as a critic, a philosopher, and an aesthetician. His works advocated liberal thinking and religious tolerance. He wrote the first German plays of â€Å"Note and Sought† to make German drama as an entity seperate from French and classical influences. Johann Wolfgang von Goethe is permanently associated with the German romantic movement and is the major literary figure in German history. A true Renaissance man, he was a novelist, playwright, translator, natural philosopher, poet, musician, composer, scientist, and finally a historian. His Faust is a â€Å"closet drama†, a work in dramatic form to be read not performed. In the late 1700’s, German theatre changed dramatically by the Romantic movement known as â€Å"Sturm und Drang† (storm and stress). In 1773, British playwright Oliver Goldsmith attacked the popular sentimental comedy and proposed a more humorous and realistic â€Å"laughing comedy. † In his fast paced comedy She Stoops to Conquer, Goldsmith had achieved his goal. Rich Brinsley Sheridan got into sentimental comedy in the 1770’s with his plays The Rivals and The School for Scandal. The American Revolution had a crippling effect on all forms of theatre. Congress passed a resolution discouraging theatrical â€Å"entertainments†, and after the U. S. eclared independence, the individual states passed laws forbidding all stage performances. Most of the anti-theatre laws remained in effect until the early 1780’s. construction of the Paris Opera House began in 1861 and was completed in 1875. The idea for a protected performance area arose after a royal procession escorting Napoleon the third and his wife to the opera was bombed by a group of revels and scores were killed. Napoleon wanted an ope ra house where royalty could enter less publicly, and created a contest calling for new designs. The architect Charles Garnier won. The Paris Opera House has 17 stories, covers three acres of land, and seats 2000 people. Gaston Leroux’s novel The Phantom of the Opera took place here and Andrew Lloyd Webber’s musical based on this too. The â€Å"Father of modern drama,† was a Norwegian playwright who’s name is Henrik Ibsen. James A. Herne began his theatre career as a very good actor. Later he became a stage manager at Baldwin’s Academy of Music in California, a job that brought him many more roles. In 1878, he married the actress Katherine Corcoran, a member of the Baldwin acting company, and began a career as a playwright to write leading parts for him and his wife. Naturalism was a theatrical school of thought developed in the late 1800’s and early 1900’s. it introduced sets that looked as real as possible, characters who spoke in a natural way, and story lines that were plausible. The primary spokesperson for early naturalism was French novelist Emile Zola(1840 – 1902). How to cite History of Theatre, Papers

Contract Law Issue of Payment Liability

Question: Discuss about the Contract Law for Issue of Payment Liability. Answer: With respect to the issue of payment liability it is first essential to understand that this business structure is that of a partnership (Harris, 2009). There is fiduciary duty that exists between partners, when it is an agent of the firm one of the partners is acting, the a duty will be owed by such partner to the other and in the same manner the other partners too shall owe a duty towards such partner (Phillips-Higgins v Harper, [1954]). The Section 5 of the Partnership Act (Cth.) states that a firms partner is an agent of the firm as well as the other partners and the other partners are its agents for the purpose of the business of the partnership. Any act which the partner is carrying out which is in the usual course of the business which the partnership firm is carrying out of which such a partner is a member (Bevan, 2007). Then in that case any such act of the partners shall be binding on firm as well as the other partners of the firm provided however there is no authority of the person to be acting on the behalf of the firm and the person who is dealing with such a partner either is aware of this fact or has a reasonable doubt that the person has no authority or does not believe that the person is a partner (Fisher, Wiseman and Anderson, 2001). For a firm to be held liable when one of the partners of a firm acts without any authority then the four requirements that have been stipulated under section 5 are to be fulfilled. The first requirement being that the act or the transaction had been entered into by a partner. It should be within the firms scope of business that the act or transaction should fall under. The third being that the transaction should be such that it is one that is conducted in the usual way (Fletcher and Fletcher, 2007). The final required being that the third party either knew or believed the person to be the firms partner, or was not aware of the fact that such an individual did not have the authority to enter into the transaction (Hamilton, 2000). Thus, it can be stated conclusively on the application of rule of law to the facts and circumstances of the case that there would be a liability for payment by all the partners including the firm for Leons act. Further, it must be noted with respect to the termination of an employee, that it is not legally valid to terminate the employment of a person without there being any valid justification for the same. Other, than this even when employment is being terminated it is required that a notice period which is reasonable must be provided or payment in lieu of such notice period must be provided. If however, such a termination takes place the same shall be actionable before the court of law. Therefore it can be stated conclusively that if there is termination of the employment by the three partners, then there may be an action for unfair termination that may be brought against them and the partners along with the firm may be sued for damages. If there was a contract that was made under the common law with a third party and the person who purported to be acting on the companys behalf did not have the authority then in that case the contract was voidable at the instance of the company. This rule was extremely harsh, especially for the creditors of the company who dealt with the company in good faith and who could not establish if the requirements to enter into the transaction had been satisfied. The Indoor Management Rule (IMR) was developed in the case of Royal British Bank v Turquand (Royal British Bank v Turquand, [1856]) (Turguands Case) to deal with such an issue. The tenet that is fundamental with the agency law is that the agents actions shall be binding upon the principle only where such actions are within the apparent, deemed or actual authority which has been given to the agent or which the agent already has (Dal Pont, 2001). It is provided under the business corporations context with respect to IMR is that: a person dealing with a corporation has no obligation to ensure that a corporation has gone through any procedures required by its articles, by-laws, resolutions, contracts, or policies to authorize a transaction or to give authority to a person purporting to act on behalf of the corporation (Pacific National Investments Ltd v Victoria (City), [2000])." The compliance of procedures such as these as per Professor J Anthony VanDuzer, is a matter that are internal or with respect to the management that is indoor with which there is no concern that the outsiders need to have (Fletcher and Fletcher, 2007). It was in the Turquand case, as discussed above, that there had been for the first time the articulation of this general principle. In ths aid case, the directors of company were authorized through its settlement deed that was registered for borrowing fund which might be authorized through general resolutions from time to time. The money was borrowed by the directors from the banks of the plaintiff and a bond had been issued under the companys seal. There however, was no resolution that had been passed by the company for the authorization of the loan or of the bond. The main issue that came before the Court of Exchequer Chamber was that whether there was a requirement of the bank for determining whether the company had passed a general resolution which had been adopted actually. It was opined by Chief Justice Jervis in this case that: "We may now take for granted that the dealings with these companies are not like dealings with other partnerships, and that the parties dealing with them are bound to read the statute and the deed of settlement. But they are not bound to do more. And the party here, on reading the deed of settlement, would find, not a prohibition from borrowing, but a permission to do so on certain conditions. Finding that the authority might be made complete by a resolution, he would have a right to infer the fact of a resolution authorizing that which on the face of the document appeared to be legitimately done (Royal British Bank v Turquand, [1856])" The harsh implication of the doctrine of constructive notice, was served to be qualified by the Turquand case, under which any person who was conducting with the corporation was deemed to know about any restriction that may be there on the agents authority which would be contained in the by-laws and articles of the corporation. It was in the case of Mahony v East Holyford Mining Co (Mahony v East Holyford Mining Co, [1875]) that the House of Lords endorsed the Turquand case and this came to be knows subsequently as the indoor management rule. It has been stated in this case by Lord Hatherley that: "[The articles and by-laws of a corporation] are open to all who are minded to have any dealings whatsoever with the company, and those who do so deal with them must be affected with notice of all that is contained in those two documents. After that all that the directors do with reference to what I may call the indoor management of their own concern, is a thing known to them and known to them only; subject to this observation, that no person dealing with them has a right to suppose that anything has been or can be done that is not permitted by the [articles or by-laws] [W]hen there are persons conducting the affairs of the company in a manner which appears to be perfectly consonant with the articles of association, then those so dealing with them, externally, are not to be affected by any irregularities which may take place in the internal management of the company. They are entitled to presume that that of which only they can have knowledge, namely, the external acts, are rightly done, when those external acts purport to be performed in the mode in which they ought to be performed (Mahony v East Holyford Mining Co, [1875]) " After the Mahony decision of the court the IMR was made applicable through the world of common law. The IMR states that when a third party is dealing with a company in good faith without any notice of ground being there reasonably for suspicion of any irregularity or impropriety then under common law there will not be any impropriety or irregularity which shall effect it. This would be internal matters of the company then. Relief is provided under this rule to third party that the internal actions of the company are not required to review and it may be assumed that they have been fulfilled. Assumptions that third party can make (Krawitz, 2016): There are certain assumptions which can be made by the third party while it is contracting with the company. These assumptions are as mentioned below: The directors board meetings had been held and conducted in a manner that was proper; There were defects in the procedure of the appointment of the director; and There has been obtained any required board meeting or general meeting under the replaceable rule or the constitution. Exceptions to the IMR are (Krawitz, 2016): There however, exist certain exceptions with respect to the IMR. These assumptions deny the right to the third to claim protection under the IMR and the company can make such contract void at its own instance. These exceptions are as mentioned below: The Put on Inquiry exception, if the third party had not made reasonably inquiry that any reasonable person would make, then the court will not apply the IMR. IMR benefit cannot be obtained by an insider, in the Morris v. Kannsen there were two reasons that were enumerated by the court (Morris v. Kannsen, [1875]). First being that under IMR position of Director is not same as a third party. The purpose of the rule is protection of third party who does not know companys internal workings therefore a director cannot take relief under it. The second narrower reason is that a directors transaction with the company is a in a way transaction in itself. Hence, the not knowing advantage is not to be claimed. The Actual Knowledge Irregularities, if there was an actual knowledge that the person had with respect to the irregularity then the IMR would not be applicable. The company is not to take the benefit of IMR, this protection is granted to only those people who would not be able to know the companys internal workings. The IMR under Corporations Act (Cth.) has been contained in section 128 and 129 though some application of this rule still remains to be incorporated (Bank of New Zealand v Fiberi Pty Ltd, [1994]). In cases where the section 128 and 129 would not be applicable reliance can be placed by the third party on IMR. The main purpose of these provisions was to ensure that the third party who are dealing in good faith with people purported to have authority is protected from claims by the company later that such authority was not there. There is protection which is provided under section 128 and 129 of the Act to the third party and certain assumption have been allowed to be taken by them when they deal with companies (Fridman, 2016). However, if they were aware or suspected some irregularity then these sections cannot be relied on. There is a certain overlapping between the assumptions under a statute and those under common law. The parliament has through its decision introduced a change in the statutes so that the law which relates to the rule of business convenience is adjusted. The statutory assumptions recognize that the individuals transactions with the companies form a fundamental party of the economic society. Thus there is some kind of inadequacy with the decisions that had been taken in the 60s and 70s to the situation currently (Griggs, 2016). It was stated in the case of Morris v Kanssen by Simonds LJ that unless an assumption is allowed that, that which appears to be in order is actually in order the business wheels will not turn. It was stated with respect to the Common Law rule of IMR by Kirby P that some exceptions were there that this rules needs to be subjected to, and though this rule is very old it is still important for ensuring that the business runs smoothly. It was also further stated by him that not only is this rule a necessary requirement but also that there should be more importance that should be placed on it. The parliament recognized this importance of IMR and attempt has been made by it to form a legislation which it turn provided with more effect of the rule which the Turquand case had established. There the statutory assumptions which have been given under the Acts 128 and 129 are essential. Further, it is also submitted there is an increase importance which is being placed on these statutory assumpt ions. Therefore, conclusively it can be stated that the universal and unconditional goal that law has is not the third partys protection which is transacting with a company at the expense of all the other competing considerations. There is relief which this rule allows to the third party from the requirement of inspecting whether the internal management of the company is sound and whether all the requisite requirements for a particular transaction have been fulfilled by the company. The law requires that there must be protection that is given to the third party. However, it is necessary that such third party must be acting in complete good faith and innocently. Thus, this is the reason why a balance is sought to be achieved between the statutes and this is the main reason as to why there has been a formulation of the business convenience rule. This business convenience rule established is a deviation from the previously established wherein if there was a contract which was entered by a thi rd party with a company through a person who purported to be acting on the behalf of the company. If the company later stated that such a person was not acting on the behalf and there was no authority that the person had to act in the said manner, it was then the discretion of the company to make the contract void at its instance. This had a very negative effect on the right of the creditors especially who were contracting with the company under good faith. However, after the establishment of the IMR there has been a change in this rule and there is protection that is now granted to the third party against the company under such situation where it is in good faith that the contract has been entered into by the third party. References Bank of New Zealand v Fiberi Pty Ltd[1994]12 ACLC 48. Bevan, C. (2007).Corporations law. Rozelle, N.S.W.: Lawbook Co. Dal Pont, G. (2001). Law of agency. Australia: Butterworths. Fisher, S., Wiseman, L. and Anderson, C. (2001).Corporations law. [Sydney]: Butterworths. Fletcher, K. and Fletcher, K. (2007).The law of partnership in Australia. Pyrmont, NSW: Lawbook Co. Fridman, S. (2016).--- "An Analysis of the Proper Purpose Rule" [1998] BondLawRw 11; (1998) 10(2) Bond Law Review 164. [online]Austlii.edu.au. Available at:https://www.austlii.edu.au/au/journals/BondLawRw/1998/11.html[Accessed 6 Sep. 2016]. Griggs, L. (2016)."A Statutory Derivative Action: Lessons That May Be Learnt From its Past" [2002] UWSLawRw 4; (2002) 6(1) University of Western Sydney Law Review 64. [online]Austlii.edu.au. Available at:https://www.austlii.edu.au/au/journals/UWSLawRw/2002/4.html[Accessed 6 Sep. 2016]. Hamilton, R. (2000).The law of corporations in a nutshell. St. Paul, MN: West Group. Harris, J. (2009).Corporations law. Chatswood, N.S.W.: LexisNexis Butterworths. Krawitz, A. (2016).Protecting Outsiders to Corporate Contracts in Australia - [2002] MurUEJL 22. [online]Austlii.edu.au. Available at:https://www.austlii.edu.au/au/journals/MurUEJL/2002/22.html[Accessed 6 Sep. 2016]. Mahony v East Holyford Mining Co [1875]LR 7 HL 869. Montevento Holdings Pty Ltd Anor[2012]246 CLR 325. Morris v. Kannsen[1875]LR 7 HL 869. Ong, D. (2007).Trusts law in Australia. Annandale, N.S.W.: Federation Press. Pacific National Investments Ltd v Victoria (City) [2000]SCC 64. Penner, J. (2006).The law of trusts. Oxford: Oxford University Press. Phillips-Higgins v Harper[1954]1 QB 411. Royal British Bank v Turquand[1856]6 EB 327. Trust Law. (2009). Sellier European Law Pub.

Learning Curve Concept

Sodium24 analysis

Sodium24 analysis Don't have the actaul question sheet anymore, and there is images to go up aswell but im having trouble uploading any of my original essays.1 2.Sodium-24 is an isotope used in medicine and the mining industry, as it is a gamma emitter. It is used for studies of electrolytes within the body, and also to locate leaks in industrial pipelines and oil well studies.3.Half-life of Sodium-24 is 14.96 hours, and it takes a further 149.6 hours or 6.23 days to become 'safe,' as 10 half-lives is what is required for an unstable isotope to become 'safe'4.Sodium-24 is used to measure extracellular fluid by indicator dilution and also is used to locate leaks in industrial pipelines and oil well studies. It is injected into pipelines and oil wells, and then measured with scanners and radiation detectors for leaks, so that they can be fixed to prevent stock loss or some sort of disaster from a leak, for example a landslide, and to improve flow, and therefore profit too.Isotope Table5.Sodium-24 is an artificially made isotope. It is made at the Lucas Heights reactor, near Sydney, Australia, as well as at other reactors across the world. It is made by the neutron absorption method, where a stable isotope is placed in a nuclear reactor and bombarded with neutrons, until one is absorbed into the nucleus, creating an unstable isotope.6. There are four main hazards when using sodium-24 -Ionisation ability - is low because ionisation occurs when the decayed particles collide with an atom, knocking out an electron, making it positive. Because sodium-24 is a gamma emitter, the chance of a particle hitting an atom is small, because the particles that are decaying are so small.Penetration ability - Sodium-24 particles are so...

The Interior Monologue of Gregorio Samsa from Franz Kafka's novel, The Essay

The Interior Monologue of Gregorio Samsa from Franz Kafka's novel, The Metamorphosis - Essay Example However, I know believe that many people in the town played a significant role â€Å" OOH, why are so many people, including my parents and family living a life of want, why does the society appear to create economic divisions, I have never really had money. I have to always meet the monetary needs of family members, who I did not sire in the first place, Could it be that past events are against my success and growth as a person. How could I ever know, now that I am insect with no brain or intellectual power? I despise my family and wish that I had a different father. How could they have abandoned me after turning into an insect? Their attitude is reminiscent of crushing a moth once it outlives its usefulness; I am so tired of them Once again, my mind cannot get rid of the thought that my family abandoned me after transforming into an insect. I think I have to accept the seclusion in order to move forward. Why have they locked me in a room alone? Is it possible that they are now a shamed of me? Of course, I have no hope, I am lost, If my family can attack me for showing up in a public event, what else are they capable of doing. I firmly believe that my family no longer find me useful because of the transformation. I pity the hopelessness, shame and mixed feelings felt by people like me. Their lives are empty, empty, empty. Nothing good can be deduced from it. Many people, especially, all insects live empty lives with no contribution to the society. Why should I worry? My loneliness applies to all insects and many people in the society, again, why should I worry? I believe that abandonment is a representation of people or insects who were discriminated against because of their ethnic backgrounds. Regardless of my loneliness, I have to keep to myself. I cannot stand my pretentious family and their greed. Why don’t they value me like they did before? I have to distance

More and More Children Now Spend Most of Their Free Time Locked Away Essay

More and More Children Now Spend Most of Their Free Time Locked Away Playing Games - Essay Example This report approves that the society needs to perform its moral duty by keeping a check on the children. The compressed and restricted life of the modern world makes the adults hostile towards the kids. Children need to explore their physical abilities for which society needs to be lenient towards them. Modern technology gives us a lot of benefits but at the same time it has to pass through the criticism from every walk of life. People especially adults always admire the time they have spent without realizing that it had its own vices. This essay makes a conclusion that parents must accompany their children at the time of purchasing the games. They must look into the content of the game and see if it is suitable for their child or not. Healthy and educational games must be encouraged among children for their healthy growth. At the same time parents should keep a check on the duration of the play. Children must not be allowed to play games for a longer period. Rules must be set down regarding this issue and children should be made to realize the fact that it is actually good for their own health. To conclude it does appear that there is a link between uncontrolled use of video games and the anti social behavior of children. However, if the whole society including the policy makers, game makers, neighbors, schools and parents jointly combines in the effort to modify their children into healthy adults there is no chance technology like video games could have a negative impact on the lives of children. Every one needs to understand his role in the circle for a healthy future.

Anthropological analysis and conceptual synthesis Article

Anthropological analysis and conceptual synthesis - Article Example The society is herein described as one filled with male chauvinism, not ready to tolerate the women’s faith related stands. The saints were very firm on their maintenance of chastity and could even pray to God to make them ugly so that they could protect their chastity. For instance, St. Wilgefortis prayed for ugliness, and she was granted a man’s beard (Winston, Para 4). The male chauvinism however saw her murdered by her father. Others were like St. Lucia whose eyes were torn out for disappointing her family. These examples show that the women believed in their course and bravely stepped out of the societal norms (Winston, Para 6). From the article, it can be seen certain themes can be drawn. One of the themes is religion in which the saints are firmly rooted. The religion brings about the other theme of power whereby the males are seen to possess in plenty. They, however, misuse their power by killing the faithful females. The theme of male dominance is further shown by the linearity of mobility and recreation in which are based on social hierarchies. This is described in the Ghanam who describes the lives of brother and a sister from a low-income neighborhood in Egypt. The brother is drawn as the one dictating the mobility, suggesting male dominance (Ghannam 790-800). Summarizing Ghanam’s article, various methods supporting the solving of reconfiguration of inequalities can be explained. Farha Ghannam explains this by using the example of a brother and a sister who come from a low-income neighborhood in Egypt. Throughout the article, Ghanam describes the methods of liminality of mobility which illustrate social hierarchies. The methods include inequalities referring to mobility, class, gender and embodiment. Eyebrows." Were Some Catholic Saints Transgender? Berkeley Show Raises Eyebrows. 6 Nov. 2014. Web. 23 Feb. 2015.

Risk Factors Schizophrenia

Risk Factors Schizophrenia The Effect of Perinatal Risk Factors on the Incidence of Schizophrenia Background Developing schizophrenia is dependent on different factors. A person who could possibly develop the illness later in life is faintly unusual in terms of cognitive skills, motor functioning, and social behavior as compared to his or her peers. This states that indicators exist as to whether a person will be vulnerable into being a schizophrenic later in life, as dictated by certain abnormalities that can be observed (Mortensen, 1999 and Dean, 2003). Most of the causes being held accountable for the development of schizophrenia can be traced back to genetic or biological factors and environmental exposure that operated early in life of the individual (Dean, 2003, Khasshan, 2008, Mednick, 1970, and Mortenen, 1999). Evidences regarding the effects of obstetric complications, prenatal illness, misuse of drugs, migration and travel, urbanization, and various life experiences on the onset of schizophrenia in later years in life have been noted. These were even incorporated and represented in causation models that encompass psychological, genetic, environmental, and social elements. These evidences can be used as models for clinical and research purposes of determining the risk of schizophrenia, as they cover a wide range of causative agents (Dalman, 1999 and Dean, 2003). It has been a challenge for researchers to understand the cause of schizophrenia, the etiology of which has brought about several hypotheses (Dean, 2003). Different risk factors affect the incidence of the illness, two of which will be given more attention in this paper. A number of epidemiological studies have indicated an increased risk of developing schizophrenia among people who were exposed to maternal infections such as rubella virus and influenza virus in utero (Westergaard, 1999). Other studies have shown that children who were born during inclement weather have an increased risk of developing schizophrenia. These are supported by researches conducted on a population basis (Mortensen, 1999). Purpose As stated by the study conducted by Mortensen and others (1999), the location and the season of birth of an individual might be important in the development of schizophrenia. Aside from family history, these environmental factors can be associated with the onset of the disorder. Prevalence studies of Westergaard and others (1999) also showed that exposure to prenatal infections might be a factor in the development of schizophrenia later in life. There is, however, a poor evidence of a strong association between development of schizophrenia and exposure to influenza viral infection. This lead the group into determining whether or not prenatal exposure to rubella would indeed be a factor for schizophrenia development. This is in accordance with previous researches that rubella viral infection might be a significant cause for the illness. With all these research supports as foundation for a prospective study, this paper aims to give a sound explanation on how certain factors might affec t the possible development of schizophrenia later in life. This study will focus on two possible causative agents as parameters. The main purpose of this study is to determine if being born in severe weather, such as extreme hot or cold temperatures, or being exposed to the rubella virus in utero is linked to developing schizophrenia later in life. Research Hypothesis We hypothesized that there would be an increase in the incidence of early adult onset schizophrenia among those exposed to the rubella virus in utero and those born in winter months. Literature Review Several studies have been conducted on risk factors for schizophrenia. One study examined the outcome in 70 individuals whose mothers had rubella infections during pregnancy. Rubella is known to cause severe developmental problems in exposed fetuses. These individuals risk of having schizophrenia by the time they reached the mean age of 22 years was five times higher than normal It has been proposed that environmental factors may also be important in determining risk for schizophrenia. A study done by Mortensen and others (1999) showed that the place and season of birth account for many more cases of schizophrenia than family history of the disease, and family history has been the best-established risk factor. The groups study found out that the risk for schizophrenia was highest for births in February and March and lowest for births in August and September. Another study conducted by Mortensen and others (1999) concluded that schizophrenia was positively associated with birth in late winter. On the other hand, Hultman and others (1999) emphasized the evidences shown by neuropathological researches that the aberrations caused by pathogen invasion disrupt proper brain development. This in turn contributes to the onset of schizophrenia that might even be developed earlier in life than expected. This proposed hypothesis can be associated with the link between obstetric complications and schizophrenia, as both are dependent on risks brought about by prenatal infections, which in turn are connected with neurodevelopment of an individual. Theoretical Framework The physiological framework of this study is based on the notion that conditions during pregnancy have an effect on the fetus psychological development, specifically, the impact of season of birth and exposure to the rubella virus. The prenatal conditions of an individual have a direct effect on the persons future genetic and phenotypic make-up. The most important contribution of the obstetric development lies on the possible alterations on the genes of the individual. Exposure to such abnormalities has a considerable intervention with the normal functioning of the brain (Khasshan, 2008). This means that exposure to infections such as rubella virus has a meaningful link to schizophrenia development of the individual exposed to the pathogen in its prenatal stage. This is serves as one of the backbones of this study, as it is the foundational basis whether the link between congenital exposure to rubella and schizophrenia onset has reliable evidence. After the study which dwells more on the biological or genetic factors, the study will consider the environmental elements that can also be potential risk factors for the disorder. It has been established that the over-all make-up of an individual lies on genetic and environmental factors. The second part or backbone of the study concerns the environmental exposure effects as dictated by season of birth. This can be of importance since extreme weathers might affect a mother psychologically and physically, thereby creating an impact on the life inside her womb. Being born on extreme hot and cold weather can hence be linked to the development of schizophrenia later in life of an individual (Mortensen and others, 1999). Significance and Need for the Study The proposed study is important due to the health and psychological concerns of schizophrenia. Being a disorder which affects the entire lifestyle of the affected individual, it is of great significance to research about the etiology of the disease (Dean, 2003). Prenatal exposure to rubella viral infection might be a cause of the onset of schizophrenia, as well as the environmental effect of being born on an extreme season. Knowledge on these prenatal risk factors can contribute additional information on how to prevent schizophrenia development in an individual. References: Dean, K., Bramon, E., Murray, R., (2003). The cause of schizophrenia:neurodevelopment and other risk factors. Journal of Psychiatric Practice. 9(6), 442-454. Dalman, C., Allebeck, P., Cullberg, J., Grunewald, C., Koster, M. (1999). Obstretric complications and the risk of schizophrenia: A longitudinal study of a national birth cohort. The Journal of the American Medical Association, 281,p. 2170. Hultman, C.M., et al. (1999). Prenatal and perinatal risk factors for schizophrenia, affective psychosis, and reactive psychosis of early onset: case-control study. British Medical Journal, (318), p 421. Khasshan, A., Abel, K., McNamee, R., Pedersen, M., Webb. Baker, P., et al. (2008). Higher Risk of Offspring Schizophrenia Following Antenatal Maternal Exposure to Severe Adverse Life Events. Archives of General Psychiatry, 66(2), 146-152. Mednick, S. (1970). Breakdown in individual at high risk for schizophrenia: possible predispositional perinatal factors. Mental Hygiene, 54(1), 50-63. Mortensen, P., Pedersen, C., Westergaad, T., Wohlfahrt, J., Ewald, H., et al. (1999). Effects of family history and place and season of birth on the risk of schizophrenia. The Journal of the American Medical Association, (281), p. 1254. Ross, R. G., et al. (1996). Early expression of smooth-pursuit eye movement abnormalities in children of schizophrenic parents. Journal of the American Academy of Child and Adolescent Psychiatry, (35), p. 941. Sorensen, H., Mortensen, E., Reinisch, J., Mednick, S. (2004). Association between prenatal exposure to analgesic and risk of schizophrenia, British Journal of Psychiatry, 185, 366-371. Westergaard, T., Mortensen, P., Pedersen, C., Wohfahrt, J., Melbye, M. (1999). Exposure to prenatal and childhood infections and the risk of schizophrenia. Archives of General Psychiatry, (56), p. 993-998.

How to Protect Yourself from Chikan :: Essays Papers

How to Protect Yourself from Chikan All trains and subways in Tokyo and other cities around Tokyo are terribly crowded during rush hour. In addition to the crowds on trains, young female passengers have to go through one more trial on a train. They must protect themselves from Chikans, men who touch women on the train. Women who are working or studying in Tokyo have to keep three things in mind when they are on a train: how to avoid meeting Chikans, how to protect themselves, and how to protect their friends. First, young women should try not to choose lines or trains which have a high possibility of meeting Chikans. Needless to say, Chikans seldom appear on trains which are not crowded. Accordingly, the best way to avoid Chikans is to avoid taking crowded trains. However, women have to take crowded trains during rush hour to arrive at their offices or schools on time. Though they cannot choose the time of the trains, they can choose which line they should take. In general, women meet Chikans more frequently when they take private lines, the subways, or JR lines. They especially have to be aware of some lines which have a bad reputation among young women. For example, the Odakyu line is one of the most crowded trains. We have all kinds of schools, including high-level, low-level, and public schools along the Odakyu line, and many women, especially female students, tend to meet Chikans on this line. I met ones who were male students of a certain school when I was a high school student. In contrast, many schools along the subways in the center part of Tokyo are high-level or expensive private schools, and women do not meet Chikans very much on these lines. The Inogashira line is also famous among women for Chikans. Many young people use this line to go to Shibuya, which is the most popular place in Tokyo. Some of my friends told me that some men use this line only to touch women. Because of these reasons, I often use other lines to go to Tokyo. Next, many young women tend to put up with Chikans silently when they are on a train alone. However, they should protect themselves from Chikans by following three steps. First, if you think that someone is touching you, turn your head slowly and look at his hand to make sure that he is really a Chikan.

Motivation Theories Essay

A couple of decades ago, the topic of motivation were just another term in the books of managers trying to implement behavioural techniques on their employees. Give perks, give monetary benefits, performance rewards and employees are bound to be motivated – as simple as that. But gradually as the years passed by, as people began to move out of the shackles of monotonous, menial work environments, there was a radical shift on how management studies began to view motivation. There were debates, lectures, psychological-social experiments and theories which suddenly threw the old concepts aside and brought in new ones. The topic became a cynosure of all management, scientific and economic studies – a topic which was deemed simple suddenly became a complex monster without which, the workplace culture was poised to be threatened. Employees, after all, are the biggest assets of organizations – and motivation is what keeps them going. This paper will explore why the different motivational theories are important and break away from the usual old age concept of motivation and show it as the world is viewing motivation nowadays. The idea is to generate a certain amount of interest and debate in the topic (otherwise relative) so as to obtain a clear understanding as to what might be the underlying reasons for employee motivation. Motivation Theories Assuming that the reader already knows what motivation is, have known about the various popular motivation theories and can distinguish between the various motivational theories and the literature surrounding them; it has been observed how the traditional motivational theories of Maslow have almost vanished from the experiments and recent research papers, whilst laying emphasis on job environments and social evaluations. As the global market moves through recurring waves of economic slowdown and instability, more organizational changes have occurred leading to fluctuations in employee satisfaction and the way workers view their jobs. Motivation, clearly, has been a challenge. Leaving aside the various theories, basic motivational factors such as compensation rewards, innovative performance evaluation methods, the nature of work, organizational changes and socio-political structure have been evolving over the past few years and that has a direct impact on motivation. Among all the theories, the one which stands out (and is probably relevant) is Herzberg’s motivator –hygiene theory, which divides the concept into two parts – the motivator factors and the hygiene factors. While job satisfaction and work autonomy contribute to the ‘motivator’ factors, ‘hygiene’ factors constituted of pay and performance. Herzberg deduced that the insufficient hygiene factors lead to de-motivation and the motivator factors like job enrichment contribute to motivation. This is in compliance with the Hackman and Oldham’s theory of job enrichment which talks about increasing motivation stemming from skill identity, autonomy, task significance and job purpose. Deci & Ryan’s model talk about the similar aspects, giving rise to the notion that extrinsic motivational factors (factors outside work like pay, performance compensations, rewards) directly oppose the intrinsic factors (job satisfaction, challenging tasks, etcetera). While it is completely baseless to say that monetary rewards, i. e. xtrinsic factors do not work, it has been observed that insufficiency of such factors lead to extreme de motivation. On the flip side, intrinsic motivational factors work only if the work is challenging enough to engage the interest of an individual wherein the job has a psychological impact on the skills of the employee. [1] New Theories and Experiments As we usher into newer business environments, new theories and experiments have cropped up which are causing a paradigm shift in the way the world looks at motivation. The most popular which are used in business organizations are the carrot and stick approach [10] where colloquially employees are given ‘carrots’ as rewards and ‘sticks’ for reprimands. This consequently produces desirable and undesirable behaviours among employees who perform mechanical and process oriented jobs as in the service industry [13] . However, playing by the rules of the motivation theories, there have been an opposition to this and there was an approach constructed around the concept of intrinsic motivation when it comes to jobs which require creativity and rudimentary cognitive skills like building new products. Among the most famous ones are the performance of the candle experiment (see Appendix 1) with a three groups of people where each group was given varying monetary rewards to solve the candle problem [6]. The result shows how the motivation through monetary rewards falls flat in the face of creative and cognitive jobs. The same has been elucidated Author Dan Pink in his bestseller book about motivation, Drive [14]. A similar experiment was performed by LSE economics who concluded that â€Å"†¦ financial incentives can result in a negative impact on overall performance† [4]. As the topsy-turvy war between various motivation theories continues, there are companies who have exemplified intrinsic motivation by providing autonomy to their employees to motivate them – Google, Atlassian, Wikipedia are just among the few examples. This display of being able to motivate their employees has led to these companies being the stalwarts in their respective industries. Accountability and autonomy has been redefining motivation theories all across organizations in the Western world [3]. However, across industries, organizations have been still trying to motivate their employees through rewards and monetary benefits while ignoring the age old basics of the intrinsic motivation theory. Motivation in an economic crisis The fire test for managers concerning this subject comes during an economic downturn when employee motivation is at an all time low. Organizational behaviour theory suggests the usage of three models: The Authoritarian model is used by most firms worldwide involving trying to control processes and bring all the resources in order through downsizing. However, this only leads to a substantial decrease in employee motivation. The IT service industry in India and other parts of Asia has been using this model during economic slowdown. This can be traced back to the roots of the Indian society which is built on a more authoritarian culture [11] . As the IT service industry is a more process oriented job, the managers mostly try to balance the company profits with resource downsizing. Interestingly, this industry sector also successfully uses the ‘carrot and stick’ approach to motivate their employees. The Paternalistic model tries to build up on the social protection of employees by gaining their trust and their willingness to continue with the company. This does not dampen motivation but does not elevate employee motivation enough to bring the firm out of crisis, as the employees are not encouraged to improve their skills. Russian firms in the 1990’s used this model to control the economic downturn but failed miserably as the employees were not motivated and it also accentuated the crisis situation. Based on Rensis Likert’s Supportive relationships principle, the Supportive model recognizes the employee as the most important member of the firm, which in turn is likened to a social system [2] . Probably the best form of motivation during a crisis would be the supportive relationship principle wherein people’s outlook towards economic barriers are used to overcome the crisis, hence changing their attitude towards job satisfaction and organization commitment by discovering growth opportunities, giving the employees ideas to foster company profitability and minimizing their professional crisis [5]. Motivation in IT industries – Asian vs. Western As the world is being swept by technological advancements, the IT sector has been in the boom and has been defining the trend in economic patterns. Considering the IT industry, in Asian markets such as India or the Philippines, where the industry is more service oriented, the motivation model is completely different from that which is used in the Western world. Western IT companies, which are more product based, do not follow the age old motivation theories. These theories like Maslow and Taylor of trying to influence workers and employees with fat salaries have been adopted by organizations which have an Indian base. However, the Indian companies which deal with the IT service industry address the needs of the employees in a more radical and structured manner as these companies understand the needs of the employees better than the Western companies with a presence in India. The dichotomy of the East-West cultures force organizations to take various approaches to the subject of motivating employees. In India, the BPO and the IT industry, which mostly dominate the economy, is heavily dependent on people, hence the motivational approaches are as important as the job itself [12]. The industry also shows a large spike in attrition as past trends have shown arising out of factors mainly because the employee is not motivated. An attitude study was conducted by Robbins to find out behavioural patterns of employees in BPO industry and to find out whether redesign of work, autonomy and restructuring teamwork and feedback increase satisfaction at the workplace, which in turn results in higher performance and motivating employees. The results were surprising as it was found that there was no relationship between job characteristics and motivation. Instead it was found that BPO workers were motivated to work as long as their salaries and financial demands were being met [9]. This technique is adopted by a lot of multinational companies which establish their BPO base in Indian and Philippine market. However, the Indian companies in the IT sector take a different approach by addressing the working conditions (like graveyard shift benefits), social concerns and standard of living of the employees. This is provided, not only by monetary benefits, but also by work time flexibility, autonomy, purpose and a sense of belonging. Surprisingly, this is the same strategy which is used in the western culture to motivate the employees. In Malaysia, where the service industry is one of the most emerging markets in Asia, there are several push and pull factors which affect employee motivation, which in turn affects the high rate of attrition in this sector. Studies in the Malaysian IT service market have concluded that though compensation and rewards have been the primary methods to motivate employees, work and job purpose are also seen as among the various pull factors which affect it [7]. Recently, however, international businesses have been restructuring and redesigning their reward and motivation scheme to address the local culture of Asian countries, aligning them with those of the Western cultures. Conclusion Motivation, as we see, is not just about trying to encourage employees with rewards and benefits. A lot of psychological and social aspects are intertwined with the way motivation works. All the motivational theories are bound to clash against each other as organizations are changing the way they look at employees and their needs. Managers need to be aware of the fact that employees are not just assets and treat workers with a sense of belonging. As globalization is turning a page, managers have to keep in mind how the workers react to workplace environments and how they can be motivated to shape up organizations and industries, on a whole by inducing creativity and encouraging them to look at the broader picture existing in businesses.

Creditors to Space Rocketry essays

Creditors to Space Rocketry essays Konstantin Eduardovitch Tsiolkovsky was born in September, 1857 in the town of Izhevskoye, Spassk District, Ryazan Gubernia. On the merits of some of his early research and related writings, Tsiolkovsky was elected to the Society of Physics and Chemistry at St. Petersburg, Russia. On March 28, 1883 Tsiolkovsky demonstrated the reaction principle through experimenting with opening a cask filled with compressed gas. He discovered that movement of the cask could be regulated by alternating the pressure of the gas released from it. Tsiolkovsky completed a draft of his first design of a reaction thrust motor on August 25, 1898. The following year, he received a grant of 470 rubles from the Academy of Science's Physics and Mathematics Department to engage in research. This work was dedicated to the establishment of scientific principles, so no actual motors were developed. In 1903, his first article on rocketry appeared in the "Naootchnoye Obozreniye" (Scientific Review). The article was entitled "Issledovanie Mirovykh Prostransty Reaktivnymi Priborami" (Exploration Of Space With Rocket Devices). In the article, Tsiolkovsky clearly outlined in scientific terms exactly how a reaction thrust motor could demonstrate Newton's Third Law to allow men to escape the bounds of Earth. Also in 1903, Tsiolkovsky drafted the design of his first rocket. It was to be powered by a combination of liquid oxygen and liquid hydrogen, which would create an explosive mixture at the narrow end of a tube. Burning of the fuels would produce condensed and heated gases. The gases would then be quickly cooled and rarefied at the wider end of the tube, located at the tail of the rocket. The resulting exhaust, escaping from a nozzle, would provide lift-off thrust at a relatively high velocity. This design was indeed prophetic, especially when consideration is given to the fact that liquid oxygen and liquid hydrogen have traditionally be...

A PRAGMATIC ANALYSIS OF SPEECH ACTS IN THE GENRE HOROSCOPE Essay Example

A PRAGMATIC ANALYSIS OF SPEECH ACTS IN THE GENRE HOROSCOPE Essay Example A PRAGMATIC ANALYSIS OF SPEECH ACTS IN THE GENRE HOROSCOPE Paper A PRAGMATIC ANALYSIS OF SPEECH ACTS IN THE GENRE HOROSCOPE Paper A PRAGMATIC ANALYSIS OF SPEECH ACTS IN THE GENRE HOROSCOPEI Gabriela BUENO SANTOS 1. Introduction In attempting to express themselves, people do not only produce utterances containing grammatical structures and words, they perform actions via those utterances. (Yule, 1996). That means that when we use language we are not only speaking, telling, saying or writing something. We are also apologizing, complaining, complimenting, inviting, promising or requesting. Speech acts are the actions performed via utterances (e. . apology, complaint, compliment, invitation, promise, equest) and speech events are the circumstances in which these utterances take place. As mentioned before, when we write something we are not only writing, we have a purpose behind that writing and expect that writing to have a certain effect on the readers. Therefore, we can assume that genres do something. What do horoscopes do, for example? This question will be answered in the results and discussion section. And wh y analyze horoscopes? The choice for this genre was made considering three reasons: presence in history, presence in the western media, and lack of research in the linguistic field. During my TFG research and analysis I found out that horoscopes have been present in the history of mankind for about 4 thousand years and have influenced the behavior and actions of powerful men and women, regulating their behavior. I also discovered that seventy millions of Americans start the day reading their horoscopes in the newspaper, which was the first type of media to publish horoscope columns, in 1930. And finally, I have decided to analyze this genre due to the fact that there are no analyses of the genre horoscope in the linguistic field published until now. 2. Methodology A corpus of 15 horoscopes for the sign of Aries (my sign) was taken from 5 magazines, 5 newspapers and 5 websites that contain a horoscope or astrology section. These predictions are daily, weekly or monthly, depending on the kind of media and its frequency of publication. This represents half of the original corpus of my TFG. The chosen magazines, newspapers and websites were: MAGAZINES: Fitness, cosmo Girl, ELLE, -reen vogue and Mane Claire. NEWSPAPERS: LA Times, Daily News, NY Post, Washington Post, Chicago Tribune. WEBSITES: www. astrology-online. com , wrww. tarot. com, wrww. astro. com, wrww. strocenter. com, www. horoscope. com In this analysis I tried to identify the illocutionary acts or forces (functions) present in horoscopes and also classified the speech acts. To do so, I based my work on Yules chapter 6 of Pragmatics. . Results and discussion 1 speecn acts According to an analysis previously made by myself for my TFG, three steps are found in horoscopes: MOVEI Giving advice, MOVE 2 Analyzing present state of affairs and MOVE 3 Making predictions. For this present analysis, I analyzed the horoscopes again and confirmed that horoscopes advise, analyze and predict. Here are some examples of the speech acts found: ADVICE: Accept that you may face challenges, so that you can better deal with th em as they come. [Teen Vogue] Gain clarity by taking five minutes to meditate on yourself and what it is you want to change in the coming weeks. [Teen Vogue] No one expects you to be perfect, so why expect it of yourself? [NY Post] You should be making plans to spend some time with the ones you love. [astrology-online. com] ANALYSIS: Youve a sense that your destiny has already been determined, and it has by you. LA Times] Love: Real love is unconditional, like the love for a child or a family member. Daily News] But this is not selfishness on your part, for you are quite capable of being generous and giving to others. You are more openly affectionate than usual and feel real love for the people around you. It is Just that this aspect of your life love, affection and pleasure is more important to you now than work. [astro. com] Youre in Just the right frame of mind for this. Your business sense is at an all-time high, as is your ability to focus on whatever task is at hand. Intui tion plays a strong role. astrocenter. com] PREDICTION: This week will be a trying one. Teen Vogue] Setting these intentions will be helpful. [Teen Vogue] At some stage today you will realize that you have wasted too much time on a project that isnt going to work. [NY Post] Week ahead: You will want to run your own race, but its more productive to be a team player. [Daily News] 3. 2 Locutionary acts, illocutionary acts and perlocutionary acts. According to Yule (1996), the locutionary act is the basic act of utterance or producing a meaningful linguistic expression. Therefore, in horoscopes, we can say that this act happens hen the author of horoscopes is writing them. However, this author is not writing a horoscope Just for the sake of it, he or she has a purpose in producing it. According to Yule (1996), this is the second dimension, the illocutionary act. For horoscopes, writers utter to predict, analyze and advise. However, are readers of horoscopes aware of the illocutionary acts of this genre and the way it can manipulate their behavior? Probably not. The perlocutionary act, which is the effect caused by horoscopes, could not be perceived since we do not know if horoscopes readers ctually believe or follow the instructions given by them. . 3 Speech acts classification According to Yule (IYYO), tnere are Tlve types 0T general Tunctlons perTormea Dy speech acts. They are declarations, representatives, expressives, directives and commissives. In the genre horoscopes, two of these types were found: representatives and directives. Here are some examples: REPRESENTATIVES: YouVe been running too fast for too long! The full moon in Capricorn on the 1 8th means you question how you balance your life. You often oscillate between both ends of the spectrum youre either all work, r all play. If theres any sign out there thats innately equipped to handle conflict, its yours. Youd never admit it, of course, but deep down you actually enjoy it the thrill and the rush of adrenaline that battle conjures up, that is. DIRECTIVES: Gently press for more information. Accept that you may face challenges, so that you can better deal with them as they come. Fighting against how you are feeling will only make the process of moving on more difficult. Gain clarity by taking five minutes to meditate on yourself and what it is you want to change in the coming weeks. During your morning walk, think about how to find a middle ground. 4. Conclusion As a conclusion, we can affirm that a horoscope is a genre that has as an underlying function: to condition and influence behavior of its readers. Through its advices, analyses and predictions it suggests what the reader should do, makes him or her believe that something is happening in their lives or that they are feeling in a certain way; and makes people believe the things will happen. The locutionary and illocutionary acts of horoscopes are clearly identifiable. However, we do not know the erlocotionary act of horoscopes because we cannot see if the readers actually do as the horoscopes tell them and really believe them. 4. 1 Pedagogical implications for ELT The genre horoscope is very popular and widespread, so I believe it is a very interesting genre to be used in English classes. Most students are familiar this genre and, even if they do not believe horoscopes, they have a certain curiosity to know what is said about them. Therefore, it is a genre that generates some enthusiasm in the students and may promote discussion. I believe the kind analysis done in this aper is interesting and useful because reveals some aspects of horoscopes that teachers and students are probably not aware of. It can also be an interesting tool for teachers when teaching this genre or planning a genre based class. The identification of speech acts can help teachers when teaching the simple future (predictions), modals (advices) and simple present and present continuous (analyses). This analysis can also promote a more critical reading of horoscopes by the students and, therefore, help in the formation of critical subjects. ReTerences Yule, G. (1996) Pragmatics. London: Longman

The Unique Aspects of Bristol University Essay Example | Topics and Well Written Essays - 500 words

The Unique Aspects of Bristol University - Essay Example A prerequisite to attend a business school with a programme as rigorous as Bristol’s is to be driven and motivated at an early age. Since my early teenage years, my uncle Marmon Aspadi, a graduate of the Bristol University, has encouraged me to apply. He must have seen in me the attributes necessary to succeed at the university. Through my study of A Level Mathematics and Further Mathematics, I am extremely competent in the fields of mathematics and statistics, which are the core theoretical frameworks of an economics degree. Being an Indian citizen who has resided in the Middle East my entire life and witnessed firsthand the boom and bust of my hometown Dubai, my personal and academic backgrounds would be instrumental in contributing to the school’s immense cultural diversity. Furthermore, my living experiences abroad have only strengthened my understanding of the interconnectedness of the global economy and the role it plays in businesses throughout the world. Bristol provides the human landscape of internationalism that offers multidimensional perspectives needed to understand global trends and local realities. I believe that my broad international perspective would contribute to this environment. My interest in the field of business is genuinely innate and extremely strong. I concurrently believe in the importance of a well-rounded education. Bristol would provide the opportunity to challenge me through the interdisciplinary study offered at the College of Arts & Sciences. A dual degree across the two undergraduate schools is certainly what I would want to achieve if admitted to Bristol.  Ã‚  

Perfume Brands Calvin Klein & Bvlgari Essay Example | Topics and Well Written Essays - 500 words

Perfume Brands Calvin Klein & Bvlgari - Essay Example CKCC was a Unilever brand until few years back but its licensing agreement was then bought from Unilever by Coty Inc. Calvin Klein perfumes were known for its premium brand value and extremely good fragrance of all kinds. Eternity and Obsessions are the two popular perfume varieties of CK. These two are offered for both men and women. Bvlgari is the Italian luxury goods manufacturer. Like CK, Bvlgari too has wide array of luxury perfumes catering to the needs of men and women. Voile de Jasmin, Aqua, Pour Homme, Omnia and Rose Essentielle are the popular Bvlgari fragrances. All these names are well placed in the premium perfume segment. Together, CK and Bvlgari form the biggest names in the luxury fragrance industry. Main body Behind the huge success of the brands are not just the marketing activities alone. A major part of the success can be attributed to the perfumers who are in continual efforts to develop the best formula that gives the heavenly fragrance. There are basically two types of fragrances based on the skin scents. The first kind emits its own fragrance or forms the major portion of the overall smell. The second kind helps to enhance the skins own scent by giving it a better fragrance. Compared to CK, Bvlgari is more specialized in the second kind which is more unique. Another factor that differentiates both the brands is the customers that they target.

Lipids Essay Example | Topics and Well Written Essays - 1250 words

Lipids - Essay Example Many of these important molecules are vital to our very existence, and without them we would not be able to survive. At the same time however, to many lipids has recently been proven to give rise to bad health conditions, so it is important to keep a proper balance of these molecules, as to few or to many of these vital molecules can be extremely harmful, even deadly. Our bodies need these fats in their system, and we also need them in our diet. Without these important fats, our body would not be able to function; our cells would not have the right layers needed for most of their processes, and we would eventually die. Lipids are extremely important molecules, that are vital to our existence, and we need to make sure to keep a proper amount of them in our body. Lipids are just one of the many molecules that help our body tick. Often unseen or unknown by the majority of the community, most people take these highly important molecules for granted, not even knowing what they are as they keep their body working properly. The lipid molecule is vital to human life, and without it we would not be able to function. Understanding this complex molecule is also important, so one can know exactly how this versatile molecule helps keep our body working, and how they help our body partake in many of its important life functions and reactions. By a scientific definition, lipids are â€Å"an amphiphilic class of hydrocarbon-containing organic compounds†( http://en.wikipedia.org/wiki/Lipids). They have several important qualities that give rise to their importance in the human body and cellular construction. One of these qualities is the importance of the structure of lipids. Lipids have a long hydrocarbon tail, which is hydrophobic and does not like water. On the other end of the lipids however, is a hydrophilic head, which does like water.

The Outlook for the US Printing Businesses in 2007 Essay Example for Free

The Outlook for the US Printing Businesses in 2007 Essay The printing industry encompasses a wide range of products for commercial and retail use. Printing is involved in the production of magazines, newspapers and books, as well as brochures, maps, postcards, business forms, stamps, manuals, packaging and so on and so forth. It also includes various related pre- as well as post-press occupations such as lay-outing, graphic designing, binding and finishing. There are different methods of printing using plates or an image carrier. Among the most common of these are: lithography invented in 1798, the modern process makes use of a photosensitive emulsion placed onto smooth surfaces, either using a platesetter for computer-to-plate (CTP) technology or on flexible aluminum or plastic printing plates; it’s most commonly used for credit cards, packaging, CDs, books and newspapers. flexography – most commonly used for packaging, it makes use of a 3-dimensional negative impression of the image to be printed produced on polymer or rubber and rotated on the surface to be printed. It was originally used for printing on corrugated boards. The flexibility of the material enables the print to be impressed on uneven surfaces. gravure – used mainly for food packaging, wallpaper, furniture laminates, paneling and magazines, gravure printing uses depressed, as opposed to raised, surfaces, where the image areas are etched into copper cylinders. It produces high quality print but the costs involved in the necessary equipment are prohibitive compared to other methods used in high volume runs. screen printing – can be used to print on almost any material, using a screen prepared with a stencil, a squeegee and ink. It is highly versatile and simple to use. The best known application for this method of printing is for T-shirt printing, letterpress printing – the method involves the use of movable type where the ink is smeared on raised surfaces and then placed on a suitable material such as paper or cloth for transferring impressions. The invention of reusable, individual letters for use in this type of printing in the 1400s is credited to Johann Gutenberg; offset printing – modern techniques make use of film negatives where the image is transferred onto photoelectric plates, similar to the printing of photographs. It is the most commonly used method for high-volume printing. Non-impact or plateless printing includes electrostatic, electronic, toner-based and inkjet printing. With the advent of computers, there has been a further diversification of the industry; namely, traditional or manual printing and quick or digital printing. (Bureau of Labor Statistics, 2005) Together   with the computer, the ready availability of the Internet has inspired fears that the printed word was in danger of being phased out as the most widely spread form of communication and information.   The impact on the growth and profitability of the printing industry was of significant concern, as the rising financial and environmental costs of paper printing made the move into a paperless society seem inevitable. In the US, especially after the recession of 1990-91, the most pessimistic forecasts had been made regarding the future of the printing industry in an increasingly digital world. A 2004 study of the findings and forecast of the US Department of Labor on the employment and compensation of workers leads to the conclusion that fewer workers working fewer hours will be required overall in the printing industry against a projected increase in all other industries, due mainly to the increased use of automation and digital prepress technology. However, there is a concurrent requirement for workers with knowledge in digital prepress and post-printing technologies. There also seems to be a perceived increase in companies specializing in commercial flexographic and digital printing. More companies will be employing fewer than 10 non-supervisory workers at higher or equal hourly compensation as compared to other industries. There also seems to be a trend towards increased employment of workers with knowledge or education in operation of computer-related equipment. (Bureau of Labor Statistics, 2005) There are varied opinions among businesspeople in the industry. Some maintain that the level of capital investment needed for quality, high-volume printing precludes all but a few to make a reasonable profit. (Paul, 1998) Others maintain that while a small profit margin may be discouraging, the printing industry is alive and booming, in part because of growing expenditure in advertising and promotions, as well as the proliferation of direct selling companies. (Dolbeck, 2005) Most agree that the advent of digital technology has helped lower costs and increase efficiency, thus improving profit margin. Some studies have shown that an increasing number of people are tuning into the Internet rather than newspapers or magazines. However, it is projected that it will be at least 10 years before those who get their news from the internet will outnumber those who read the newspaper. That is, if those who had earlier converted revert back to printed media. It is maintained that despite the many innovations in digital technology, it is not as portable as printed material, and the cost of attaining some portability is still beyond many consumers. Moreover, many companies maintain that the retention and pass-on potential of the printed brochure or pamphlet has a greater marketing impact than a website. For educational and scholarly products, the process of transferring the information from print to screen is a long and laborious process, and while audio books and CD-ROMs are enjoying growing popularity in many libraries, it is still a long way from replacing the books as a means of providing in-depth information and education. (Heger, 1994) According to C. Barnes and Co.’s report â€Å"2005 Market in Print,† a survey of printing companies revealed that the majority of companies surveyed with non-printing operations (NPO) were small companies. These NPOs included graphic design, fulfillment and mailing. The chief complaints from printing business owners include stiff competition, the cost of technology that have shorter depreciation, shortage of skilled workers and price increase of consumables. The transition from manual to partly digital technology has caught some companies flat-footed, jumping on the bandwagon too late or without enough knowledge and research to buy the right equipment at the right time. The segment of the industry that is particularly enjoying popularity is digital or quick printing.   Small print shops that specialize in desktop value-added services abound because of the ease of acquiring the necessary equipment and consumables and the relatively low capital requirements.   These services include calling cards, invitations, letterheads for small businesses, leaflets, flyers and marketing materials such as promotional mugs and magnets. Digital cameras and mobile phones with high resolution cameras have also resulted in a rising demand for digital photo printing. Also an interesting development in the industry is large format printing, in which digital images are transferred directly from a digital image to tarpaulin or paper, much like a large inkjet printer.   This is especially handy for low-volume printing requirements such as a banner a garage sale or posters for a school recital. Digital print shops have a unique relationship with its customers. All preprinting requirements may be provided by the client directly, usually already in a digital file.   The print shop ascertains that form and layout of the file is up to standards for proper printing and provides the medium for the actual process.   Or the client may come in bare-handed and state the requirements. The print shop then provides the services required: scan, lay-out, proof, color correct, edit then print. Many a party or small social event, small business and school have taken advantage of this while-you-wait service in fulfilling their collateral needs at comparatively low cost considering the volume involved. Paper companies make the process even easier by producing products especially designed for toner-based or inkjet printers ranging from pre-formatted labels in different configurations to scented board paper for calling cards, all available in retail at neighborhood bookstores at reasonable prices. The trend for digital printing is towards faster, cheaper and higher quality of printed product. However, high volume requirements cannot be fulfilled by even the best equipped digital print shop simply because the cost escalates per piece produced, unlike traditional printing methods, where fixed costs such as plates and film enable the producer to run prints at lower cost when volume goes up. These same fixed costs, however, cannot provide the service at competitive prices if the volume is low. The relationship of the plated and digital print businesses is largely symbiotic.   Plated printers are the main source of income of paper companies that also produce the specialty paper needed by digital printers, but only as sub-business. These paper companies deal in volume as well, and will not survive on the sales from digital shops alone. Digital printers at the neighborhood level provides potential clients an accessible point in which they can bring their initial printing requirements to be then referred to a plated printer after graphic design, scanning and/or lay outing for volume printing. There is very little actual overlap for the two sub-industries, providing services for different needs of the same customer. A new player in the field that promotes the marriage of digital and traditional printing processes is print-on-demand (POD) publishers. More of a publishing rather than printing method, it nonetheless uses digital imagery and letterpress printing to produce books and posters in small runs. (Wikipedia) Would-be authors are able to have their work published, albeit they pay for it themselves. The method is also often used for limited circulation publications, as a stopgap for materials with high demand that are in the process of being re-run and for books in print with only a trickle of demand which makes a full re-run impractical. What is the forecast for the printing industry in the US?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Overall, the prospects of the printing industry for 2007 are good. Perhaps it is not as rosy as some projections from 1999, when printers enjoyed a boom, but neither is it as black as it is being painted by some trend watchers. The average projections for the industry overall is 5. The need of those in the printing industry to reinvent itself in order to overcome aggressive competition, smaller markets, and increasing cost of materials, especially paper. The changes in the market are considered by 20% of a representative slice of print and prepress firms as a call to arms in the war of doing business in a changing world. (Youngblood Communications, 2005)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the second quarter of 2006, Xerox Corporation spearheaded a free seminar series entitled â€Å"Innovate ’06.† It is a worldwide series with concurrent offerings within the United States that focused primarily on educating those in the printing business, or who are thinking of getting into it, on their options regarding industry trends, technological advances and how to boost profit and efficiency in the workflow of an increasingly digital industry. (Presswire, 2006)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   While there is some pessimism among some of those in the industry regarding the viability of the printing business of turning over a reasonable profit, the prognosis of manufacturers of the equipment and consumables is positive. In a survey of U.S. companies reports show and increase of expenditure from 2004 of 23% on new plants and equipment. The spending spree is attributed to appreciable profit-earning in 2004, enabling companies to make improvements and begin projects that have been put off during the leaner years. (Min, etal, 2005)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   TrendWatch Graphic Arts, in its report entitled â€Å"Printing Forecast 2005: The TrendWatch Graphic Arts Perspectives on the Challenges and Opportunities for Printing in the Next 12 Months and Beyond†, also reported that a survey of American and some Canadian commercial printers are hopeful about their companies’ futures. There was an increased sale of printing presses in 2004 and a projected 6% increase of sales of 6-color sheetfed offset presses over the following months. (Youngblood Communications, 2005)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Advertising expenditures has also increased, according to TNS Media Intelligence, a strategic advertising and marketing information provider. In the 1st Quarter of 2006, total advertising expenditure rose by 5.2 percent against the same period of the previous year. However, impact of this expenditure did not quite favor newspapers and business to business (B2B) magazines. Of those in the publishing industry, only consumer magazines posted an increase in income. (TNS Media Intelligence, 2006)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Such reports tend to focus on the large companies spending the big bucks in advertising. Growth in the industry is not as high as projected, mostly because of a not altogether unexpected shift to online media, with a worldwide growth of 40% expected, according to Carat. (Khan, 2006) But earnings from advertising and marketing expenditures by top companies are not the only opportunities for those in the printing industry today. There has been a healthy growth in the quick print industry that to print for the ordinary citizen with a family picture Christmas card to send to the folks back home. (Youngblood Communications, 2005)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The grudging admission by most existing, large printing companies is that business is good, if not great. This could be because they are reluctant to encourage other players to get into the business and cut into an ever decreasing wedge of the market. Environmental issues are also a big consideration in the woes of these big companies, requiring expenditures on cleaner, more efficient machines.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   For those about to plunge into the pool, start small seems to be the way to go. The neighborhood print shop, the POD publisher, the offshoot value-added service provider does not require much capital expenditure. There is always someone wanting to print something, the important thing is to research the intended site of enterprise and provide whatever is needed.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The shift to digital has been widely accepted as a good thing, even by those who had watched its advent into the market askance. The growing dependence on the microchip driven hardware is felt across all industries, and most especially in the printing and publishing industry, spawning a greater demand for the technology. And software and hardware companies are quick to take full advantage of this trend. Almost every six months, the newest, fastest, cheapest, most efficient, most environment friendly, most accurate, most user-friendly and other â€Å"new, improved† models and programs are being touted.   For those wishing to get into the business in a big way, big ticket items are the ones that need to be most researched. True, the Internet and online media are the new toys, and everybody wants to have a go at it. Gone are the days that for research, you go to the trusty 20-volume Merit Student’s Encyclopedia, and for the latest Hollywood gossip you go over to your neighbor’s house and borrow the supermarket tabloid. The Internet is easier to use when searching for a school project, music to download, movies to preview or things to buy However, very few people enjoy reading a suspense thriller or a romance novel from a glowing screen hunched over a computer, and it is highly unlikely that some type of digital media would become affordable enough to be left in mailboxes in lieu of flyers, leaflets, pamphlets and brochures. Sharing photos and sending virtual greeting cards are also a good thing, but there is no replacement for actual photographs you can frame or actual greeting cards you can frame. In essence, one media does not necessarily compete with the other. They each have their advantages and disadvantages, and given most circumstances, print and digital complement each other. Some publications have even found that a good Web-based counterpart was a good way to get circulation going as well as a source of income via advertisements. Furthermore, since Web content can be updated instantaneously, the publication can keep its readers up-to-date with the latest news and trends in between issues. For those in the printing industry, the computer has been much like the electric bulb. It is faster, easier to use and produce better results. The ones who could not keep up with the technology have turned in their shingles and closed up shop. The smart ones got with the program and grew even better. The well-researched, carefully-planned production structure with prerequisite training and upgrades in equipment and workflow has generated significant earnings for the enlightened business owner.   Rather than ranting at the changes and trying to outlast the new technology, many companies began spending on upgrades or outright replacements of obsolete equipment that was keeping the productivity of the company at pre-digital levels. This willingness of printing companies to invest in new technologies sends a crystal clear signal that the industry is healthy and responsive to changes.   The outlook for 2007 for US printing industry is looking well. References Bureau of Labor Statistics, U.S. Department of Labor, 2005 Printing Career Guide to Industries, 2006-07 Edition retrieved December 15, 2006 from at http://www.bls.gov/oco/cg/cgs050.htm Paul, P. 1998 Everything thats fit to print: printers struggle with changing technology and stiff competition New Mexicos printing industry Industry Overview New Mexico Business Journal retrieved Dec 15, 2006 from http://www.findarticles.com/p/articles/mi_m5092/is_7_22/ai_54370066 Heger, K. Oct, 1994,  Print: a road kill on the information superhighway? impact of information superhighway on printing industry Communication World,    retrieved December 15, 2006 from http://www.findarticles.com/p/articles/mi_m4422/is_n9_v11/ai_16358776 Dolbeck, A. 2005, Valuation of the Paper and Publishing IndustryWeekly Corporate Growth Report NVST retrieved December 15, 2006 from http://www.findarticles.com/p/articles/mi_qa3755/is_200502/ai_n12412452 Min, et al, June 2005, U.S. industry unlocks budget box Pulp Paper retrieved December 15, 2006   http://www.findarticles.com/p/articles/mi_qa3636/is_200506/ai_n14687790 Youngblood Communications Co., Ltd., Jan 2005 Printing Forecast 2005 Print Action retrieved December 15, 2006 from http://www.findarticles.com/p/articles/mi_qa4088/is_200501/ai_n9485742 Patrick, M. Nov 2000, The Web Effect on magazine publishing industry Folio: The Magazine for Magazine Management,   retrieved December 15, 2006 from http://www.findarticles.com/p/articles/mi_m3065/is_14_29/ai_67718962 Wikipedia, Flexography retrieved December 15, 2006 from http://en.wikipedia.org/wiki/Flexography Khan, M. December 12, 2006 Online drives Carat’s revised ad spend forecast DM News retrieved December 15th, 2006 from http://www.dmnews.com/cms/dm-news/research-studies/39350.html TNS Media Intelligence 2006 TNS Media Intelligence Reports U.S. Advertising Expenditures Advanced 5.2 Percent in First Quarter 2006 retrieved December 15, 2006 from http://www.tns-mi.com/news/05312006.htm M2 PressWIRE, 2006 Print Industry Experts to Help Companies Worldwide Profit and Grow retrieved December 15, 2006 from http://www.imaginginfo.com/article/article.jsp?id=1575siteSection=33