Monday, September 30, 2019

Stylistic Analysis of “Arrowsmith” by Sinclair Lewis

Text Analyses â€Å"Arrowsmith† by Sinclair Lewis Starting reading the extract from the novel of the first American awarded the Nobel Prize in Literature one can predict that the whole book is quite subjective. The description of the geographical position of the state Winnemac and its largest city makes exactly such impression. But when the reader goes on he faces really vivid examples of hyperbola, epithets, zeugma, metaphors and other stylistic devices. One becomes immersed in the bright, humorous and at the same time critical world of Sinclair Lewis.The author mocks at the weak points of education, at ridiculous university traditions and the life of students in general. The title of the story â€Å"Arrowsmith† depicts the surname of the main character. It is a quite rare English surname. The second part of the compound â€Å"Smith† means a person who does something extraordinary. An arrow is usually associated with reaching a goal. The surname Arrowsmith is su itable for a person who is initiative, able to think critically, who is patient and persuasive in doing his job.Martin Arrowsmith is just this type of a person. For his shyness he is an attractive young man devoted to his studying. The author describes his university experience. The story is a 3-d person narration. It emphasizes that the author is not a participant of the events but just an observer. The description of the university of Winnemac is full of exaggeration . Its comparison to Oxford and Harvard, â€Å"its buildings measured by the mile† are good examples of hyperbole.The enumeration of the disciplines taught at Winnemac is used to show the great variety of useless subjects that students should cope with and to depict the broad specialization of universities where Doctors of Philosophy just â€Å"give rapid instructions†. Sinclair Levis says that such variety of subjects can’t guarantee a good quality of education. The epithets â€Å"leisury nonsenc e†, â€Å" snobbish college† are contradicted by a bright metaphor – the university â€Å"is a mill to turn out men and women who will lead moral lives†¦Ã¢â‚¬  .All these devices help the reader to catch the sight of irony which is used more vividly in the sentence where the university is compared to a Ford Motor Factory. It is also a metaphor and this hidden comparison is used to mention that the work of a college is standardized and there is no ground for developing creative thinking, different from the standard one. Everything is designed to produce ordinary people ready to serve for the society. The characteristic of Martin is also very bright. Talking about his prospects the author uses enumeration: a respectable runner, a fair basketball center, a savage hockey player.The example of metaphor is â€Å"The University has become his world†. It puts emphasis on Martin’s loneliness and devotion to studying. Describing Digamma Pi Sinclair Lew is uses zeugma: â€Å"It was a lively boarding-house with a billiard table and low prices†, â€Å"In a fraternity, all tennis rackets, trousers and opinions are held in common†. Then goes oxymoron â€Å"comfortably immoral† . Everything depicts the doubtful reputation of the fraternity. The conversation between Martin and Ira Hinkley is spiced with antithesis â€Å"high ideals- tortured bodies† and oxymoron â€Å"rottenest advantages†.But the most vivid is the description of Fatty Pfaff. Here Sinclair Lewis uses irony saying that he was â€Å"the most useful to Digamma Pi†, simile â€Å" he looked like a distended hot – water bottle†, oxymoron â€Å" he was magnificently imbecile†, bright enumeration â€Å"he believed everything, he knew nothing, he could memorize nothing†. All these stylistic devises help to create the vivid image of Fatty, his appearance and foolish innocence. On the example of this character th e author shows stupid traditions and cruel behavior of the students.But still in every company there is such butt to whom â€Å"thoughtful house-mates† (irony again) like to play tricks. The metaphor â€Å"the living room suggested a recent cyclone† is the most suitable for the description of Digamma Pi. Then goes the enumeration of a great many of things that can be found there. Everything is used to show the way of life of students. Sinclair Lewis is a master of stylistic devises. His irony is vivid, his metaphor is bright, he forces the reader to think over the most burning problems of education and the lifestyle of students at the same time entertaining the public.

Sunday, September 29, 2019

Themes presented in Act 1-Measure for Measure

A theme becoming noticeably present throughout Act 1 is that of religion, possibly part of the larger them of morality. The Duke, Scene 1 line 70, speaks of being greeted by ‘aves vehement'. The word ‘Ave' in Latin means ‘Hail' and is often associated with prayer, particularly to the Virgin Mary (a figure prominent in Catholicism). This suggests that the public in Vienna see the Duke as a saviour and a figure to be worshipped. At the time of its original performance this would have conveyed to the audience the prominence and power of the Duke in Vienna. However, the Duke says this greeting is good he does not ‘relish' it, showing the audience possibly that the Duke is not arrogant and does not wish to be a replacement for someone's faith; it perhaps allows the audience to hold a respect for the Duke from the beginning of the play. In scene 2, the references to religion continue with Lucio speaking of ‘the sanctimonious pirate that went out to sea with the ten commandments, but scraped one off the table'. This suggests a corruption of religion and its associated beliefs, which may foreshadow other themes coming later in the play-those of right and wrong, particularly when interpreting laws on prostitution and the confusion about marriage (should it be based on good faith or a legal ceremony). The pirate reference, particularly to the original audience, may have suggested that personal interpretations and sinister dealings were going to occur in the performance. Both the reference to the pirate and ‘aves' could show how Shakespeare is presenting a ‘problem play'. They raise the question of how religion should be carried out and how it can creep too far into everyday behaviour, until people begin to make powerful/adored figures idols and interpret religious teachings to suit their own behaviour. Scene 3, in the monastery, has two intertwining themes running through it-those of power and religion. The audience is presented with two powerful figures in their own right, one powerful due to his allegiance to God and perhaps less powerful in the workings of society and the other powerful due to his position in society and perceived almost as a ‘God' by his people. A silent power struggle appears to be occurring in the scene, not power for power's sake, but in order to earn the respect of the other. Throughout, the Duke appears to be justifying his argument in order to make it sound less corrupted and more favourable in the eyes of the friar. This comes across in his greetings of ‘Holy father' and ‘holy sir' and flattery ‘none knows better than you'. The friar speaks politely to the Duke ‘Gladly, my lord'. There is some sense of balance or equality in this scene, as ordinarily the Duke would be seen to be more powerful, due to his reign on the justice system however, he knows that the only person who can help him is the friar and the friar has the weapon of being aware of why the Duke has disappeared. Justice and morality are two another themes running throughout Act 1. The main plot line of Claudio being sentenced is at the centre of these themes. At the time of the first performance, brothels were widely apparent and many powerful figures were known for making use of their services. This is made clear to the audience, with the scene set in a brothel and the comic references to sexual diseases and the portrayal of the brothel as an industry. This should show the audience that it was widely accepted that these places were a part of society, making Claudio's actions seem less severe. He talks of Julietta being ‘fast my wife', apart from the legal proceedings so the fact he is being punished for this action and others are getting away with prostitution seems even more immoral, it raises the question of whether Claudio's actions are worse than the other male characters despite him being faithful to one woman. This is open to interpretation by the actors, however, they may choos e to play Claudio's speech with comedy, to make it sound like a feeble excuse for his actions rather than a legitimate plea for justice, which could make it seem as though justice is being done. Again a sense of corruption is presented, this time in politics. The Duke, who has fled unexpectedly, has let the law be ignored for a number of years yet Claudio is being punished under it. This suggests the laws can be manipulated to suit the leader. This is similar to the corruption of religion mentioned earlier when the pirate changed the ten commandments to suit his lifestyle and ideals at the time.

Saturday, September 28, 2019

Gender, politics, and citizenship Essay Example | Topics and Well Written Essays - 1000 words

Gender, politics, and citizenship - Essay Example This is women activist implemented liberation movement that focused on women rights. Understanding the way racism, class, ethnicity and sexual orientation interconnect with gender issues are significant in creating a social meaning and political effects; thus providing active citizenship engagement in the contemporary society. The two readings of Lowe and Davis are complementary for understanding gender, politics and citizenship because this is one way of informing development policy. 0.. The two readings from the Davis and Lowe make an attempt of revealing the way gender affects women more than many in the society. The author’s main point revolves around gender politics and the political figures of women. This is through exposing us to the women’s liberation movement as a way of fighting for civil rights and working class issues in society. Both authors try to unmask the side of fighting for women’s suffrage. This ties the issues of anti- slavery especially for Asian immigrants and the introduction of anti- slavery activist for the purpose of struggling for the women’s suffrage. They attempt to reveal the way racism, ethnicity, class and sex differences have divided members of women movement. Other main arguments involve cultural differences and linguistic forms of a nation that creates contradictions in the political sphere. It also creates impact on citizenship towards the identity of a nation. Both authors also focus on women’s history, suffrage and work coalitions. Davis and Lowes’ readings are complementary for understanding gender, politics or citizenship. This is because the three terms as being described in the two readings seem to work side by side. They are interwoven in a manner that reveals the way gender affects women’s roles and their status in the society. Davis (2) defines gender by focusing on race and class as the aspects that contribute to political differences among various citizens. She reve als the way racism and class contributes to social and cultural differences. These inequalities contributed to political issues whereby women activist in history during the women’s emancipation made an attempt of maintaining justice. The abolitionist movement aimed to address issues that women are undergoing including the education inequalities and voting rights. Therefore, under the prominent women activist such as Elizabeth Candy and Susan Anthony among others, women were able to achieve their rights. This marked the new beginning of political history whereby women were allowed to enjoy similar opportunities like men. Moreover, both authors attempt to define gender as socially constructed norms, values and ideologies that determine the behaviors or action of male and female in the society. Understanding the notion behind gender issues is significant in determining power dynamics behind an individual’s access towards resource sharing or distribution, the ability for o ne to make the decision and the way different sexes are impacted by the political process or social development. They define gender aspects on citizenship as the affirmation or exercising  the  rights  of women in order  to promote equality. For instance, women tend to be more discriminated than men in the society, in all key aspects including education, political issues and decision making process. They take fewer controls on economic and political resources; thus incorporating gender aspects and political issues into programs

Friday, September 27, 2019

The Scope and Domain of NASCARs Branding Strategy Case Study - 121

The Scope and Domain of NASCARs Branding Strategy - Case Study Example However, every track had to negotiate its contract with television; implying that each race anchored on a different network. This was a hindrance for NASCAR. Thus, the company established its domain by signing contracts with television channels expanding broadcasting to about 167 countries (Aurand, 431). NASCAR also reached out to other companies by establishing co-branding relationships with them to gain competitive advantage. It also established scholarships from a great deal number of companies. The company was able to leverage its sponsors by ensuring that the outcome of sponsorship benefits both the company and the sponsors (Aurand, 431-432). For instance, drivers were expected to race incredibly, be available for marketing functions and be answerable to sponsors. Its profitability in sponsorship investment attracts more sponsors, however at the expense of expertise co-branding. In fact from the 2005 report, fans seemed to appreciate the company’s relationship with corporate sponsorship which earns NASCAR more credit and hence more customers. NASCAR extends its domain by involving fans in the sport, thus fans feel the close connection with drivers enhancing the brand image of the sport. In conclusion, NASCAR needs to comprehend sustainable development for the safety of all. Its impact on the environment is grim and is likely to jeopardize both the company and the future environment.

Thursday, September 26, 2019

River Woods TEAM Assignment Essay Example | Topics and Well Written Essays - 250 words

River Woods TEAM Assignment - Essay Example First and foremost, the plant manager should possess competent knowledge, skills and expertise in the various domains he/she is expected to oversee. Knowledge is power, goes the saying. Thus, if the manager possesses the knowledge and expertise required, people will seek out his opinion, they will listen to him/her and will always perceive him/her as an expert. This way, he/she will be able to gain authority. Secondly, the plant manager should have authority. He/she should be responsible and accountable for all the responsibilities under him/her. Thirdly, the plant manager must have courage and confidence. In simpler terms, the plant manager needs confidence so as to know that he/she has power, and needs courage to use the power. For personal power to exist, it has to be acknowledged and used. The plant manger should be in position to always do and say what is needed. He/she should have the confidence to ask anything he/she is in need of. Finally, the plant manager has to possess good interpersonal relationship skills. Thus, in order to prevent the looming unionization of the firm as a result of inevitable complains from the employees, the plant manager should be in a position to gain power through his/her relationship with them. He/she should be able to build trust and closer relationships with them, so as to make it easy to influence them. The fact that the plant is decentralizing its management structure, call for a plant manager who will be in direct touch with the employees.teh manager will be in regular contact with them, thus, he/she to develop a good rapport with them. This can only be done through ensuring the new plant manager is endorsed with the necessary power and resources required to command authority from the employees. Thus, In order to ensure that the new plant general manager is in a position to accomplish the assigned duties, the following actions have to be taken. First, legitimate/position power has to be

Tuesday, September 24, 2019

Case Study Discuss the pathpyysiology of Myelofibrosis Essay

Case Study Discuss the pathpyysiology of Myelofibrosis - Essay Example This disease is characterized by fibrosis and sclerosis of bone marrow. To compensate for the hematopoietic cell population, extramedullary hematopoiesis takes place in the spleen, accounting for the massive enlargement of the spleen. This disease occurs predominantly in subjects over the age of 54 years. The bone marrow fibrosis is the hallmark of pathological findings in such cases, where extensive fibrosis with resultant peripheral blood leukoerythroblastosis is expected as a typical histopathologic picture on bone marrow biopsy (Tefferi, 2000, p. 1255-1265). This clinically heterogeneous group of diseases stems from clonal proliferation of stem cell origin and is characterized at least initially by marrow hypercellularity with varying degrees of marrow fibrosis and an increase in the production of one or more terminally differentiated cell types. These differentiated elements may accumulate in the bone marrow, in the peripheral blood, and in other organs, such as, spleen. All these diseases demonstrate a variable tendency to undergo disease progression that may terminate in bone marrow failure or in transformation to an acute phase malignant disease. The evaluation of bone marrow histology holds an important role in defining the pathology of this disease, by mainly ruling out unsuspected pathology. The pathologic changes are subtle until the disease has progressed, and therefore, classification of these disorders benefits from the integration of the morphologic features with clinical, hematologic, and cytogenetic findings. Of major impo rtance is the presence or absence of Philadelphia chromosomes (BCR/ABL or translocation9;22). This group of diseases constitutes the classical group of BCR/ABL-negative chronic myeloproliferative disorders. The disease is regarded as one of the chronic myeloproliferative disorders. Recently considerable progress has been made in understanding its pathogenesis, although this has yet to result in significant therapeutic advances. Indeed, its prognosis remains poor when compared to other BCR-ABL-negative chronic myeloproliferative disorders with death resulting from cardiac failure, infection, hemorrhage, and leukemic transformation (Barosi, 2003, p. 1211-1226). Hemapoetic Components It has been appreciated for many years that MF is a clonal disorder and that the disease arises from the proliferation of malignant pluripotential stem cells. Recently, using fluorescent in situ hybridization (FISH), there is evidence that both B and T cells can be involved, while karyotypic analysis has shown that the stromal proliferation is polyclonal, or reactive, and not part of the underlying clonal hematopoiesis. An increased number of circulating hematopoietic precursors, including pluripotent and lineage restricted progenitor cells is a feature of MF and is likely to result from the proteolytic release of stem cells from the marrow. It is also possible that the spleen and liver contribute to the circulating progenitor pool as splenectomy temporarily normalizes levels. The high level of circulating progenitor cells is reflected in the significantly increased peripheral

Monday, September 23, 2019

Risk Of Malathion Essay Example | Topics and Well Written Essays - 1000 words

Risk Of Malathion - Essay Example Nevertheless if medication is dispensed hurriedly Malathion has no long-standing disturbances; whilst low level revelation has few or even no health troubles. In view of the fact that Malathion appears to be an insecticide it requires to be scattered during early evening to trim down the harm causes for the animals, as well as for the other insects. Malathion exists as a chemical broadly used to act toward mosquito invasions. Even as being valuable in manipulating mosquitoes, there are countless dangers to think about when employing this chemical. As said by the Agency for Toxic Substances and Disease Registry (ATDSR), revelation to malathion by means of the air, food, and water could possibly cause several difficulties like how the brain as well as the nervous system functions. In examination, it shows that exceedingly high doses of malathion could cut organ operations (Wilson, 2003). If an individual whom has unintentionally or deliberately gulped down malathion, he/she should dig up for treatment hurriedly. Even as there has been no evidence that malathion instigates cancer, examinations have found amplified occurrences of some cancers in human beings who are frequently exposed to malathion they are farmers as well as the chemical applicators. Dose-response. The EPA made a list of the careful amounts of the Malathion insecticide would strictly be 0.1 milligrams of Malathion for each liter of drinking water, 0.1 to 135 PPM intended for specific varieties of food, as well 15 milligrams for each meter of work section by an 8 hour operation day designed for a 40 hour labor week. Exposures towards a degree fewer than these quantities might possibly be a reason for skin irritation, infuriate asthmatic patients, or function as a lung irritant. However, in giving out high dosages of Malathion could surely cause complexity in breathing, tightness of chest, etc., and possibly death (EPA, p 149). Exposure. The risk of giving out the Malathion insecticide for mosquito management in the core of the municipality at the low down concentrations connecting with mosquito spraying should be kept to a smallest amount by giving sufficient announcements to the community also by spraying for the mosquitoes at early evening. Even if malathion stops working in a count of hours, it could collapse into more lethal composites than malathion itself. Once exposed to sunlight it could bring about a chemical reaction, which consecutively increases the arrangement of trimethyl contaminations, which appears to be highly-poisonous. An individual who is exposed towards high doses of Malathion is as well at a higher danger than those who is exposed towards lower doses. An investigation in Florida illustrates the consequences of low-doses of malathion on unborn kids. Children who were born to pregnant ladies that were exposed towards this chemical enclose higher degrees of learning disabilities (United States. Environmental Protection Agency, 1993). Malathion Not as Safe as Believed - 5 Die - 2,800 Poisoned.SOURCE: Archives in Toxicology, 42:95-106, 1979. The following fact is derived from the document from the Bureau of Tropical Diseases, Center for Disease Control, Atlanta, Georgia called "The Toxicological Properties of Impurities in

Sunday, September 22, 2019

University of Phoenix and I Essay Example for Free

University of Phoenix and I Essay It is clear to me how University of Phoenix’ convenient and efficient educational program designed for working professionals, has helped me grow. I see tremendous change and development in myself. I have not only matured personally and professionally, but have also grown to believe in orderly goals and motives with respect to my existence. My life has been organized and I see greater potential for my progress. The outlook of the entire university, dedicated to the success of its students, may be viewed now in who I am as compared to who I was before joining the BS of Information Technology program. When I started the program at University of Phoenix, my professional attitude was unseasoned. I was an unsure person, someone who had not matured. My humble and uninformed self did not allow me to think much of my career. I had briefly dreamt of becoming a graphic designer. However, I had wrongly imagined that I would not go too far. My mind was set at thinking that I might have to do with unsuitable jobs. What else are high school graduates supposed to do? I did not aspire to be great or hold lofty goals for my career. My goals were in fact, not many. I only desired to keep myself employed. My knowledge base was limited. I was raw. To that end, I am absolutely honest to claim that I knew little or nothing about the things I have learned at the University of Phoenix. Knowledge has been added on to my life at a rapid pace with this great program. Before this, life could seem sluggish to me as an unaware person. At work, I did not consider myself a professional. I did not even present myself as such. I was simply working; holding a job because one has to do that in this uncertain world. I would describe my writing skills before the program as ranging from bad to good. This is one of the areas where I have experienced drastic change. Besides, I now have extremely different views about myself and my career. My verbal communication skills before the program may also be described as varying from bad to good. With less confidence, the way I presented myself was obviously poor. I did not grasp at the time that professionally, one must appear assertive and proficient to get the work done. At present, I like to view myself as a thorough professional. My critical thinking skills before the program were good. All the same, my â€Å"Critical Thinking† (PHL/251) general education course worked wonders to polish my skills. It was for this reason that I had chosen the course. I believe that my decision was absolutely correct. After all, critical thinking is crucial in both personal and professional life. My interpersonal skills were always excellent, according to my opinion. This is because I believe in people, trust them, and wish to know more about them in order to be of assistance to them. I chose the general education course called â€Å"U. S. History to 1865† (HIS/110) because I was deeply interested in understanding the mechanics of human relationships, as well as the causes and effects of human decisions. Learning about U. S. history was essential, seeing that the people I share my space with do also share the same history. Hence, I believed unconsciously that I would be able to improve myself in my relations with others if I studied human history. Once again, my decision to opt for this general education course was correct, seeing that I now deal even more effectively in my personal and professional relationships. The most important core courses with respect to my employment were â€Å"Critical Thinking: Strategies in Decision Making† (MGT/350) and â€Å"Project Planning and Implementation† (CMGT/410). I opted for these courses because I believe that professionals who know the functions of management are always more successful than the rest. Furthermore, these courses helped me to assimilate my ideas about team projects as well as leadership. I further believe that all professionals must be armed with knowledge of management, even if this knowledge is specialized in terms of Information Technology. What is more, decision makers, project planners and implementers must always bear in mind the people connected with the decisions and projects. Indeed, this idea connected with my love for people and interest in human relations. Moreover, I now connect better with the people at my workplace, and truly understand more about the mechanics of decision making and project planning as well as implementation. One of the terminal objectives of my program was, of course, for me to mature into a successful individual in my professional life. Even at my current organization – General Mills, where I presently work as a Network Engineer – development and innovation are priorities as well as major targets. Hence, both the University of Phoenix and General Mills have contributed to my current upsurge or growth. But the job without the education at University of Phoenix would definitely not be as good as it is at present. At this time, however, my job is a huge part of who I am and who I want to be. The program at University of Phoenix has really been a great source of inspiration for me. Employment may have helped me go on living. But the education here has helped me to live life fully, to enjoy my work and to be proper in all respects. It has shown me the way to live life in a way that is better, not just to live as I may have heard others living. Life does not just drag on anymore. It is full of enthusiasm and anticipation for a bright present and future. I am applying the tools that I have learned through the University of Phoenix, and there is hope to use them in better ways to achieve higher goals. I am eager to learn even more of that which would help me along. Learning should be a life-long process so that one’s intellectual powers do not rust. Before the program, it was as though I, as a resource, was underutilized. Now I feel fully functional. Just as General Mills thrives on research and development, I see myself flourishing with an increase in my knowledge base and the utilization of my mental resources to their fullest capacity. The Information Technology skills learned by me through the program at University of Phoenix are incomparable to anything I have ever been taught. I feel more grown-up now because of what this program has done for me. I have been shown much of my potential. It seems that I have learned a lot and there is excitement in me now to know more. Life does not seem like dreary employment anymore. I enjoy my personal and professional life much more now that I have been a part of the University of Phoenix. As far as my ethical outlook is concerned, I see no change between the past and the present, and I do not see it changing either. My values have not changed. My self-esteem has increased because the way I see myself has changed. Whereas I may have been covered by darkness in my mind, I now see myself in the light, capable of doing much, maintaining goals, and wanting to do all that is good. I certainly have become advanced in my professional attitude. With regards to my personal attitude, I even walk more confidently now and that has a serious affect upon my professionalism too. At work, I have to be responsible, knowing and showing that I can make it right and to the top. It is as though I have been cultivated and I know what I am doing now. My career views have changed so much that whereas I had seen myself doing basic jobs and not going too far in my professional life before I joined University of Phoenix, now I feel confident and able to be the leader at work. I feel that the axiom ‘the sky is the limit’ is working in my life now. Earlier I may have thought that it is impossible to have such an attitude unless one’s performance was really marvelous. But this program has been about trying to do one’s best and fulfilling one’s potential. It has made me open my eyes and view the world out there full of possibilities for a bright human being wanting to do more and wanting to do what is excellent. I feel capable of reaching the top of my company now. Furthermore, now that I have had a glimpse of my highest potential, I also feel self-assured and competent enough to be at the top of another organization, if not my present company. A part of this newly found confidence in me is a result of observation. Even so, the knowledge that has been imparted to me with the wonderful Information Technology program takes most of the credit for my motivation today. Resonant with my new goals is the fact that my knowledge base has grown impressively. I now know not only that which is taught at undergraduate level in my field, but I am also seen by others as a better professional. My professional sense is increasing, signaling that I must continue trying to do better. I do not see the way down now. What is more, I am now able to hold professional presentations and meetings with high level professionals at General Mills. I am also more interested in my work at present. Over the next five years, my professional and personal attitudes may become more refined. I hope to become more mature and confident. I now understand how learning more can make one grow. I do not only want to continue learning, but I also want to continue growing until I can become a self-actualized individual. I wish to develop my ability to move to higher levels in my career through greater productivity. My goal is to be my best and also to be the very best in others’ opinion. I would like to attend a graduate program. I have so greatly and positively been influenced by the undergraduate program at University of Phoenix that I hunger for more of education. I understand to an extent how much it can do for me. Before the program, I did not think much of education besides the fact that it is necessary to a certain level. But because I have been working and noticing the changes that education brings into my professional life, I long to gather more knowledge. Education is directly related to success. I love the changes higher education has brought to my life and I welcome this fantastic transformation on an ongoing basis. Thinking is the basis of our actions, and if the undergraduate program at University of Phoenix could do so much for my life and attitudes, I cannot yet imagine where a graduate program might put me with regards to my professional position. I need more guidance for the future though, to be specific about what I would really do. I see the possibilities laid open before me, but which way do I really go? Many ways seem important. Perhaps I would settle for an MBA. In any case, I would have liked the University of Phoenix to better assist me in getting to the right place at the right time in future. To get a clearer sense of my educational goal at present, I may have to go for education counseling. I would like to recommend at this point that the University of Phoenix should incorporate an extensive education counseling program for its students. Over the next five years, I wish to grow to have more business sense. This may happen through higher education and additional years of experience at work. In point of fact, I would like to improve in all spheres of my life, and in the areas of my being that are good now, I would like to keep a balance whereby I do not drift to the low side of things. With my new outlook, I feel ready to take responsibility to add value to the world, even if it is solely by way of doing my job well and showing others that honesty, hard work and learning can go a long way. I feel worthwhile now and am prepared to continue struggling through life with zeal. When life gets slothful, I know what I must do to change that and to be promoted learn. I must continue learning.

Saturday, September 21, 2019

Refusal for Eating Disorders Essay Example for Free

Refusal for Eating Disorders Essay The controversial issue of insurance companies and mental health cost is an ongoing battle. Initially, I would like to say that eating disorders are emotionally based rather than physically. Emotions are from the mind where there are thoughts, perceptions, motivations, and imaginations. Emotions are what we feel inside of us that cause us to act in a certain manner, although some people’s emotions are so powerful that their actions are uncontrollable. This is the case with eating disorders. Therefore, how could anyone choose to ignore a victim with an emotional problem like eating disorders, and refuse 100 percent medical coverage for this ailment? The insurance company’s logic or ability to manipulate this refusal of medical coverage for eating disorders is due to the unregulated controls; by federal regulations that gives insurance companies all the administrative, and authority to refuse medical coverage for eating disorders. Over the years eating disorders have been misunderstood and poorly explained by insurance companies. It is included in the list of mental heath diseases, along with perceptions and distinguishing features that can be identified by medical personnel. However, today I sense eating disorders are renowned mental illnesses that affect all walks-of-lives, and should receive entire medical coverage. The National Organization for Women, 2007 stated that typically, insurance companies cover the cost of treating the physical symptoms such as heart failure, kidney failure, rupture of the esophagus, ulcers and high blood pressure. Yet, the treatments that address the mental health of the patient, and the root causes of the disorder, are not generally covered, or are only partially covered. However, I feel that the treatment to an illness is cured through its roots and perhaps there should be more financial support in the root of this illness. I thought the intent for health care was designed to make people healthier in opposition to extracting money from the faithful customers. It is obvious that â€Å"ten million Americans suffer from eating disorders† (Kramer, 2007) according to estimates from several known health groups. Moreover, nearly all of those victims felt powerless because of something they were feeling inside themselves. But what happened to the genuine care of others? Medical insurance companies have networks of physicians, and facilities with a wealth of knowledge that have served loyal families, companies, and athletes for years. Those physicians are also well trained within their particular field, and certainly know what is best for their patients. Some medical insurance companies do provide treatments to their members, however they are normally limited. Perhaps, this is the reason why â€Å"the effectiveness of a full recover after treatment for eating disorder is only 60 percent†. (Kramer, 2007). At one time eating disorders were rarely talked about, kept hidden from others and very poorly understood. Although, today medical experts now know that eating disorders are mental heath diseases since they have recognizable causes, clear symptoms, and predictable out comes; but Insurance companies consider an eating disorder â€Å"severe based on the number of times that it recurs† (Kramer Others, 2007), and I believe this is ridiculous. Surprisingly, there are â€Å"only 43 percent of the American population that are fully aware of the different types of eating disorders, and the resulting health complications that can occur with them. (NEDA. 2007). However, the other 57 percent could be the insurance companies, or even friends that could provide a strong shoulder with understanding during difficult times â€Å"An eating disorder occurs when a person ties his or her self-esteem, personality, and happiness, and their way of life with food† (Strada, 2001). Individuals who demonstrate those types of traits are known as having an eating disorder and distressing as it may sound, most victims and none victims are not fully mindful of this disease. A model of this unaware mindset of eating disorders is witness daily during a group discussion among friends. A group of acquaintances or insurance agents may have expressed their opinion of a friend by wording â€Å"John is obese because he always stays home and watches TV shows, he has no desire to lose any weight†. Another opinion from the group may be â€Å"Mary is a very tiny women, she probably wears a size two†. In both instances, John, Mary, and their acquaintances lack the knowledge of this life threatening illness; perhaps this is just one more reason why those illnesses should be covered via insurance. This well-known psychology has clearly demonstrated a concrete motive for eating; however insurance companies â€Å"continue to ignore the systematic symptoms of this dreadful illness in spite of its increases since the mid 1950s†. (Whelan, 2002). Eating disorders are not one particular illness; instead it is made-up of four different types of illnesses that consist of anorexia, bulimia nervosas, compulsive overeating, and binge eating. This constitutes the need to identity them separately, each one should be looked upon differently in order to gain a better understanding of them, and at this same hopefully this issue on insurance coverage should raise the level of unease and stress the need for more coverage and education regarding these disorders. †¢ â€Å"Anorexia nervosas, is a an illness which someone deliberately keeps their weight below a healthy level, often see themselves as fat and may look like a person of starvation. †¢ Bulimia nervosas is an illness in which people eat large amount of food in short time and get rid of it by purging themselves. Purging is usually by vomiting and/or taking laxatives. †¢ Compulsive overeating, it is driven by an urge that the person cannot control. It can be triggered by hunger but is often a response to negative thoughts or feeling. †¢ Binge eating disorder (BED), the binges involve at least three of the following, eating very quickly, eating until uncomfortable full, eating when not physically hungry, eating alone because of embarrassment about the amount eaten, felling disgusted, depressed, or very guilty afterwards (Whelan, 2001).† Eating disorders don’t discriminate, instead, affecting everyone from females to males, wrestlers, insurance agents, and celebrities. They have affected lightweight boxers, family and friends, even affecting Diana, Princess of Wales. She â€Å"suffered from bulimia and spoke to the public about the emotional aspects of her illness† (Whelan Others 2001). It was once believed that eating disorders begin in the teenage years to due to physical, emotion, and social changes that youth experience, and it was once known that women suffering from eating disorders did not speak out, and older women in their 40s and 50s rarely experienced symptoms of eating disorders although now circumstances have changed. There are still more reported cases of females suffering from eating disorders then men, however, there are now reported cases were a nine-year-old boy was diagnosed with eating order, and other boys and men are now stepping forward for help. Additionally, â€Å"older women in their mid 40s to 50s are also now experiencing relapse and new cases are surfacing within the same age groups for having eating disorders†. (Kramer Others, 2007). Accept as the truth, or not but ‘eating disorders are four mental illnesses’, and the American people including myself are unhappy with insurance company’s lack of support. Furthermore, there are insurance companies in this era that have been sued for millions of dollars, all for refusing to pay for treatment of 21-years-old anorexic [a type of eating disorder],a women who committed suicide because of her emotional shortfalls, and ignored cry for help.

Friday, September 20, 2019

Foreign Investment In Russia Business Essay

Foreign Investment In Russia Business Essay The case discusses about Schindler which is a company who established itself in 1874 in Switzerland and they manufactured escalators and elevators. For the first time it made a strong decision to develop a fully owned subsidiary in India with the help Mr. Silvio Napoli who will be leading it. He was a Harvard graduate, young, very analytical and had a strong strategic mindset. The case focuses on the problems faced by Mr. Napoli on starting and setting up operations and activities in India which was totally opposite to Switzerland from where he belonged. Mr. Napoli being an expatriate found it very different and difficult to adjust and acquaint him to an Indian culture. He struggled upon Indias protectionist tariff policies, considerations regarding cost and also the staff that was doubtful on his ways as Napoli wanted things carried on his way. All these were a big threaten to his entire career as he wasnt able to go in accordance with his business plan. Mr. Napoli wanted to develop a cost effective solution to make, develop and sell a completely core and standardized product in India. He was a victim to several issues, mainly cultural issues.  [1]  Mr. Napoli being of Swiss origin believes in low context  [2]  communication style where as in India it is mostly of high context and maybe its for the same reason Napoli is regarded as very talkative. Napoli believed in sticking to business plan because of his orderliness as per Swiss. But the Indian management was mostly willing to customize. Mr. Napoli wanted to mix up his orderliness and generate the task-oriented nature which is why he was often regarded as impatient, impulsive and mostly a hard driver while Indian management compared Mr. Singh as an easy going, patient and friendly person. Indians are not very good time keepers and as a result they keep most of the things towards the end and this was strictly not tolerated by Napoli. This was another reason to issues in Schindler India. Another issue that came up is that, Napoli followed the Swiss habit of total accurate precision delivery where as Indians could be represented as they promise more but actually under deliver it. Napoli failed to understand the business culture properly as he was totally shattered with the increased import duties on certain specific noncore goods including elevators. In India the term of outsourcing was new and couldnt be accepted easily, as a result many mangers in India happened to sign agreements against the strategies of the business plan. This can be better understood if we take a look with the help of Hofstedes comparison model.  [3]  The Italian and Indian culture are different from each other and it is such that Italians are much more focused on themselves as a team unlike Indian culture, when we look at the uncertainty avoidance Italians are usually a bit hesitant in coming to an unknown conclusion unlike the Indian culture. He should have more understanding of the Indian culture. Napoli has failed tremendously to execute the plan that he presented at the time of term of sales, but a plus point is that he was able to develop a high leadership team, he also added onto the companys business model certain buy-ins which was also a wise decision. So somewhere he still has a chance. Secondly, I would like to consider the family issues he was having, he didnt make a wise decision in relocating his family and had to fight several personal issues like his pregnant wife, managing her and her issues also his children injuring themselves. Its not appropriate to take in Napolis family problems into account as a reason for his poor performance, since he comes from a typical Corporate Switzerland background. Thus, the strategy should be such that, the inputs from the top level management of India has to be revised and also deep considerations regarding the cultural, technological, economical and governmental elements of India and the target market of India. When the strategy is revised the top level management of Indian subsidiary should be allowed to take and make decisions on their own on several key issues. Napoli should focus only on high end regional decision making. In order to make Schindler India profitable, it is best to properly assess Napolis team and continuously recheck the sales strategy and explore the Indian market and culture more deeply looking into the mindset of people and activities prevailing and then reinforce his ideas. It is such that standard products and service will make the business progressive and even looking at Indias very basic elevator market currently prevailing is the key aspects that will make India branch profitable. UNILEVERS BUTTER BEATER: INNOVATION FOR GLOBAL DIVERSITY CASE SUMMARY BY DEVI SUDHAKARAN This is a case that shows the problems and difficulties country managers were faced with while beginning to start central direction on Pan European/International sales, positioning and product development. It showcases the rollout of Krona which is a new spread alternative. Also showing how this was a failed strategy to maintain a cross country product viewpoints and perceptions also cultural differences and the various biases of the different country managers of Unilever. It is seen that in the case Unilever was focusing completely on a centralized management style and wanted to increase their manufacturing abilities and capabilities, developing new product, economies of scale and even the leveraging of fixed investments in the brands. Local responsiveness was their core strength even while following a centralized management model. In the new organization, the country managers were made to bother about the variety in the tastes and preferences of different countries and also their needs were considered for making a completely new product which was the total opposite to their previous culture. When we look at the strategic rationale that was undertaken for the development of European Margarine, we see that they followed a basis of cost reduction method, there was a potential in the yellow fats category but using different approaches on national basis increased the cost for the development of new products.  [4]  It was seen that the transnational image was made stronger by the development of global brands which concentrated and created EU single market. They also leveraged high global expenses on brand investments. It was extremely difficult to develop a Pan European band with the different cultural diversity across the countries. There were immense problems between the country managers as they we greatly irritated by the various international strategies that have to be coordinated between the countries and also the loss of their autonomy all this resulted in a huge barrier for communication for the county managers. The country managers had to focus on the consumption habits of consumers across Europe and it was not possible to create one single approach as the consumer preference and selection of food and its types varied widely. For instance if we take a German consumer they are bothered on natural products, the environmental considerations and even of the safety of food. But on the other hand French were deeply into the traditional style of taste and enjoyed its pleasure. They also had problems of coordinating themselves as they wasted tremendous amount of time and money as various ICs (Innovation Centers) were spending time working on the very same products. There was also intense competition between the independent local subsidiaries which had their own methods and agendas for development regarding products. Another main issue was that the top-down process of innovation much slower at producing product ideas. There wasnt any financial budgets made for international products and the local managers were given full risk. In the very much declining yellow fat category the local manager required the market share and profit. Also the local managers wanted independence as they were change resistant and had a competition among themselves The underlying result after Krona being developed was very much below the bar, Krona became a huge success in Germany where it was made and developed because it was made only on the local likes and interest, but it failed miserably in the rest of the Europe. Another result in the company was a huge conflict of cultural problems and they also had to face the comments of developing products not according to the preference of consumers interest. Thus, the strategic decision should be such that its made to cater and satisfy the local needs and tastes, doing and performing like that of Coca Cola and McDonalds in China by means of presenting and offering the same nice product and making the consumers enjoy it tremendously, also make the top managers at Unilever such that they process and transfer their vision to the middle management and take away the fear of failing strategies. It is understood that many successful organizations are not ready for changes as it natural that changes alter and hamper their normal routines. Before making any crucial decisions its a must to understand the fact that proper steps and innovations must be taken to meet the national difference of people. FOREIGN INVESTMENT IN RUSSIA CHALLENGING THE BEAR CASE SUMMARY BY DEVI SUDHAKARAN The executive team of MLC Corporation was examining if it should continue to expand and increase its production and distribution into Russia, in May 2008. There was an increase in the Russian economy and there were three reasons that contributed for the same. Firstly, the increase of natural gas exporting to Europe. Secondly, the increase in the energy price which led to the tremendous growth of the energy sector resulting in widening of the economy. Mark Olexi who was the CEO of MLC had basically three alternatives in front of him. The first being, to further expand the plant export and also to continue the exporting because of its success in the past many years. The second one being, to strengthen Russias competition position abroad by building a manufacturing and distributing center. The third option was to wait and take time for both decisions because of the prevailing uncertainties and risk factors in Russian economic and financial aspects. The worldwide recession and the massive internal economic and financial crises were getting worse and it was doubtful if the Russian economy could withstand it or avoid it. Russia is undergoing a number of problems like a change in leadership as Vladimir Putin couldnt run as President for another term; it was also a doubtful and concerning issue of how the foreign companies in Russia would be operating depending on the attitude of Prime Minister Putin and the next successor President Dmitry Medvedev. Another problem being the energy price shooting up. Along with these, Russia and the U.S relationships were being deteriorated by George W. Bushs administration. Finally, the issue with regard to British and U.S financial system following the mortgage crises in 2007. Mark Olexi had to decide which alternative to select to generate maximum results. He could decide on either of the following four decisions: First, export from US, sell in Russia  [5]   while doing this the company could incur huge costs with regard to transportation and hence its very expensive to do so, also the unclear and complicated regulations in Russia can make it difficult for the selling to take place hence the company might suffer losses, even the political situation in the country is not good enough. On a positive note, since the production process is already established MLC would benefit from 70% of income coming from Russia. Second strategy is to produce in Russia, sell in Russia-by doing this even though there is a high risk factor we could generate larger profits, while investing in Russia it is possible to concentrate on the excess demand for the moment or even try a partial investment in Russia to see the success and progress of it. MLC could also make tie ups wi th the government and enhance their relationships with the government and hence form a hybrid / joint venture. Since the oil prices would possibly rise as per the forecast in the case, the Russian government would definitely secure the currency value. The third strategy is to produce in Russia, sell elsewhere- by doing this the company would be certainly risking itself and spending time and immense money in first identifying the pros and cons of that third country to sell and studying the economic and political nature of the third country, also knowing the consumers well, even understanding the unforeseen causes or changes in the environment. The fourth strategy is to produce elsewhere (not US, Russia),sell to Russia- By doing this the company would invest in a country that is geographically close to Russia, here the company can think of investing in an emerging economy, and can save expenses to a limit as its geographically closer, even expect a somewhat same political and economic conditions as its close but will definitely mitigate the currency risk involved in investing in Russia also try to focus and then expand the client base and even keep Russia from being 80% of the revenue generator. It would be ideal for the company to produce and sell in Russia considering the points mentioned above. In the case it is seen that more than half of the revenue generated in the company is from a single client as it is definitely not a good way to continue a firm. The company could be always on the threat of losing that client. If that happens then the company would be under series losses. The company should find a way to generate revenue from more than one client and make it dispersed as possible.  [6]   Thus, from this case it teaches the various skills necessary to analyze the economic country data and even the political situation of country and use the various methods for assessing the prevailing risk factors in order to come up with a right decision. AIRASIA: FLYING LOW COST WITH HIGH HOPES CASE SUMMARY BY DEVI SUDHAKARAN This case talks about an airline company in Asia- AirAsia operating as an LCC (low cost carrier) how it came up in the market fighting between the increasing and rising flight operation costs and competition in the Asia-Pacific region . It is important to first understand what makes Asia an attractive market for LCC, its mainly because of rapidly urbanizing population who are being developed and are ready to travel and see various locations, fewer substitutes for air travel with regard to traveling long distances with low fares, low but rising incomes of the population, the deregulation taking place and even sometimes disruptive innovation  [7]   A disruptive innovation is an innovation that helps create a new market and value network, and eventually goes on to disrupt an existing market and value network (over a few years or decades), displacing an earlier technology.  [8]   Tony Fernandez who was a private entrepreneur captured AirAsia airlines from the Malaysian government when it was debt ridden in the year, December 2001. After a month, Tony Fernandez re-launched AirAsia airlines as South-East Asias first LCC (Low Cost Carrier). He was able to generate huge success and increased the profitability tremendously and even expanded its routes. What he did was, he kept immense low cost structure comparing to the competitors and offered the customers extremely low airfare of 40% -60 % less than competitors. He developed the ticketless travel thus being environment friendly and consuming less paper. AirAsia developed also had free seating arrangements. Customers were even attracted as frequent draws were conducted on board and this surprised the passengers. He also developed a tag line Now Everyone Can Fly which attracted the customers and which they considered motivating. A multilingual website was also created; this attracted leisure travelers and purchased air tickets through it which had promotions and offer for specific traveling periods. AirAsia started off with the Easy To Book, Easy To Pay Easy To Fly message and developed the telephone booking centre, sales offices, travel agents and also created tie-ups with several local banks and post offices. Mr. Fernandez conquered and became the first in many new services in t he operation and started a plan which was considered risky by other services; he extended the airline services which included many long- haul routes. AirAsia was even first to stat the booking with the help of cell phones using a simple SMS. This showed how innovative he was and even went down to the corporate bone. AirAsia was ranked as the best LCC in the Asia region in the year 2007. It encouraged many other LCCs in the Asia Pacific area to come up with such ideas and on the other hand threatened MAS Malaysian Airlines a full service operator which was a major competition at home. MAS didnt let go the competition from AirAsia and took stronger steps than AirAsia and started a sudden price war by offering to customers a zero fare for domestic travel and also for short-haul flights. They even built up a campaign Everyday Low Fare which even grabbed the attention of the customers by even immense advertisement war  [9]  and impressing potential passengers. CHABROS INTERNATIONAL GROUP: A WORLD OF WOOD CASE SUMMARY BY DEVI SUDHAKARAN This case shows how Chabros International Group a Lebanese multinational wood company confronting a huge decrease of its largest subsidiary sales after the global economic crisis in 2008. Antoine Chami who was the owner and president of Chabros International Group when reviewed the companys financial statements for the end of year 2009 saw that there was a thirty percent drop in the sales from Dubai. There was a growing lumber sales demand and Antoine Chami had invested $ 11 million to acquire and expand one of the saw mills in Serbia to meet this demand. This happened in 2007 a year before the global economic crises took place. There was high capacity for the production of lumber but with regard to selling, had low profitability. To overcome this problem Chami could either shut certain parts of the Serbia mill or boost Chabros International Groups sales to use up all the capacity available of the sawmill. If that happens, should it continue to increase sales where it was already operating like that of UAE, Saudi Arabia, Qatar, Oman, Egypt or should it try to expand to a new places like Algeria, Bahrain, Iran, Iraq, Jordan, Kuwait, Libya, Syria, Tunisia. He also would have doubts on Morocco, among other places, if it is the best country to expand for this activity? Also if it is the right time to start on such an expansion process FOREIGN DIRECT INVESTMENT IN THE MIDDLE EAST: RIYADH AND DUBAI CASE SUMMARY BY DEVI SUDHAKARAN This is a case that deals with finding out the various key drivers of investing in the Middle East especially in Riyadh and Dubai of Saudi Arabia and United Arab Emirates respectively by foreign rich countries like The United states of America, Japan and several European multinational and financial services and service providers. A considerable sample of foreign companies is interviewed to find out the main aspects in their decision process and what made them select the mode of operation and details about their business model. The case is in three sections, the first is about laws, regulations and requirements have changed considerably and that it has become more adapting to foreign investment in past years, this is performed with the help of several business environmental characteristic index and changes over time. The second part studies the exchange arrangements and framework for capital and financial transactions. The third section studies the various experiences of many multinational companies that have invested in the financial services sector of the Middle East.

Thursday, September 19, 2019

Plains Indians Essay -- essays research papers

For many tribes of Plains Indians whose bison-hunting culture flourished during the 18th and 19th centuries, the sun dance was the major communal religious ceremony . . . the rite celebrates renewal - the spiritual rebirth of participants and their relatives as well as the regeneration of the living earth with all its components . . . The ritual, involving sacrifice and supplication to insure harmony between all living beings, continues to be practiced by many contemporary native Americans. -Elizabeth Atwood LawrenceAs the most important ritual of the nomadic Plains Indians, the Sun Dance in itself presents many ideas, beliefs, and values of these cultures. Through its rich symbolism and complicated rituals we are able to catch a glimpse into these peoples' view of the world. A Sun Dance is held when a man feels the need to be a dancer to fulfill certain wishes, primarily "for his deliverance from his troubles, for supernatural aid, and for beneficent blessings upon all of his p eople." (Welker) It is this dancer who usually bears the expenses of the Sun Dance (Atwood), including a feast for all that comes to the celebration. (Welker) Motivations behind the Sun Dance varies slightly between tribes. The Crow held the ceremony to seek aid for revenge for family members killed in warfare. The entire event surrounding the Sun Dance generally lasts from four to seven days, though longer events exist. On the first day a tree is selected to serve as the sun-pole, the center pole for the Sun Dance Lodge, or New-Life-Lodge, as called by the Cheyenne. (Atwood) The selection of the tree is usually done by the eldest woman of the camp, who leads a group of elaborately dressed maidens to the tree to strip off its branches. On the next morning, right as the sun is seen over the eastern horizon, armed warriors charge the sun-pole. They attack the tree in effort to symbolically kill it with gunshots and arrows. Once it is dead it is cut down and taken to where the Sun Dance Lodge will be erected. (Schwatka) "Before raising the sun-pole, a fresh buffalo head with a broad centre strip of the back of the hide and tail (is) fastened with strong throngs to the top crotch of the sun-pole. Then the pole (is) raised and set firmly in the ground, with the buffalo head facing ! toward the setting-sun." (Welker) The tree represents the center of the world, connect... ...mbolism and ritual involved with the Sun Dance we can more fully understand the character of the Plains Indian cultures. The Sun Dance shows a continuity between life. It shows that there is no true end to life, but a cycle of symbolic and true deaths and rebirths. All of nature is intertwined and dependent on one another. This gives an equal ground to everything on the earth. "Powerful animals exhibit both physical and spiritual powers, just as the medicine man and shaman do, and as do the grains of tobacco in the sacred pipe." (Smart p. 527) However, just like the rest of nature, humans must give of themselves to help keep the cycles of regeneration going. SourcesAtwood-Lawrence, Elizabeth. The Symbolic Role of Animals in the Plains Indian Sun Dance. http://www.envirolink.org/arrs/psyeta/sa/sa1.1/lawrence.html (Feb 3, 1997) Eliade, M. (1975). Myths, Dreams, and Mysteries. New York: Harper and RowKehoe, Alice B. (1992). North American Indians A Comprehensive Account. New Jersey: Prentice-HallSchwatka, Frederick. (1889-1890). The Sun-Dance of the Sioux. Century Magazine. Pp. 753-759.Welker, Glenn. The Sun Dance http://www.indians.org/welker/sundance.htm (Jan 7, 1996)

Wednesday, September 18, 2019

Oil :: Free Essay Writer

Oil EPA Oil Spill Program Overview Welcome to the U.S. Environmental Protection Agency's Oil Spill Program. This website provides information about the U.S. EPA's program for preventing, preparing for, and responding to oil spills that occur in and around inland waters of the United States. As a major industrial nation, the United States produces, distributes, and consumes large quantities of oil. Petroleum-based oil is used as a major power source to fuel our factories and various modes of transportation, and in many everday products, such as plastics, nylon, paints, tires, cosmetics, and detergents. On average, the U.S. uses over 250 billion gallons of oil and petroleum products each year. To meet this demand, each year the U.S. produces an average of 125 billion gallons of crude oil and imports an average of 114 billion gallons of crude oil and other petroleum products. At every point in the oil production, distribution, and consumption process, oil is invariably stored in storage tanks. With billions of gallons of oil being stored throughout the country, the potential for an oil spill is significant, and the effects of spilled oil can pose serious threats to the environment. In addition to petroleum-based oil, the U.S. consumes millions of gallons of non-petroleum oils, such as silicone and mineral-based oils, and animal and vegetable oils. Like petroleum products, these non-petroleum oils are often stored in storage tanks that have the potential to spill, causing environmental damages that are just as serious as those caused by petroleum-based oils. To address the potential environmental threat posed by petroleum and non-petroleum oils, the U.S. Environmental Protection Agency has established a program designed to prevent oil spills. The program has reduced the number of spills from the total volume handled each year. The program is also designed to prepare for and respond to any oil spill affecting the inland waters of the United States.

Tuesday, September 17, 2019

China as a Member of the TRIPs Agreement: on the Path of Implementation Essay

The multilateral trading system in the world has been governed by the General Agreement on Tariffs and Trade (GATT) for more than 50 years . The GATT was commenced in 1947 . Its implementation became a powerful spur to advancement of world market due to promotion of free trade which contributes greatly to world economic growth and sustainable development. The World Trade Organization (WTO) became the successor of the GATT being established by the Uruguay Round – the last trade round launched more than fifteen years ago. It was â€Å"the most ambitious thus far, and some of its agreements are still being implemented†. Tariffs reduction had encompassed much more world economy sectors than during the previous rounds. The documents adopted by the Uruguay Round established that quantitative restrictions would be actually eliminated by 2005. The round has developed regulations of the international trade applying to areas being earlier outside of the adequate control or coped by week rules. Especially it concerns the trade–related intellectual property rights (TRIPs). In the course of the Uruguay round developing countries played a more active role than in previous rounds and adopted the same WTO agreements as other members â€Å"as part of the round’s single undertaking – nothing is agreed until everything is agreed†. To date the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) seems to be the most universal international covenant on intellectual property rights (IPRs) regulation. It was â€Å"an integral part of the Agreement establishing the WTO, comprising Annexe 1C to that Agreement† and replenished the basic World Intellectual Property Organization (WIPO) Conventions with essential liabilities in the framework of WTO subjects . This agreement implemented new rules presupposing both advantages and expenses for the participants of international markets. Its implementation undoubtedly constitutes a task far from being easy, especially for less developed countries. The TRIPs Agreement imposes certain obligations upon the latter to adopt legislation that protects patents for inventions. As one of the multilateral trade agreements, it is binding on all members and hence also a condition of membership for countries which have not yet joined the WTO. Such a condition is a significant one for countries seeking to join the WTO such as the People’s Republic of China. Here we will explore this country’s involvement into the process of adjusting its laws to conform to TRIPs, especially in the field of patents’ protection, evaluate its successes and faults on this path, consider the impact of those changes and make the conclusions concerning possible ways of acceleration and optimization of implementation process. The Obligations of the TRIPs Agreement Members The TRIPs Agreement came into effect in 1995. It entailed standards â€Å"concerning the availability, scope and use† of IPRs in all categories of intellectual property, namely copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, protection of undisclosed information . Article 27 (Part II Section 5) of the TRIPs deals with patentable subject matter, stating the spheres of patents’ availability in member countries (hereinafter referred to as a member): Patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. [†¦] Patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced. The next article determines the exclusive rights which should be granted upon the patents issued in a member. It imposes on the member the obligation to forestall third parties from using neither the patented product nor the patented process anyhow without its owner’s permission. For his turn, the owner has the right to assign or transfer the patent. What is an important aspect for the developing countries, the member has to inquire the patent applicant about the information as to the applicant’s corresponding foreign applications and grants to prevent patents duplication. Exemption from such obligation in regards to cross–border use cover only very specified cases as for example those of â€Å"a national emergency or other circumstances of extreme urgency or [†¦] of public non-commercial use† (Article 31 (b)) subject to prompt informing of the right holder. The competent authority of the member should have power to consider applying such exemption to certain cases and possible duration of the above mentioned circumstances. Officially permitted legitimacy of any decision relating to the permission of such use should be subject to judicial review or other independent review by the competent authority of the member. In cases when the permission to utilize the patent is obtained, the member is to provide the following prerequisites: (i) the invention claimed in the second patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the first patent; (ii) the owner of the first patent shall be entitled to a cross-license on reasonable terms to use the invention claimed in the second patent; and (iii) the use authorized in respect of the first patent shall be non-assignable except with the assignment of the second patent (Article 31 (l)). Upon Article 32 the member has the obligation to make available the opportunity for legal review of any decision made on recalling or forfeiting the patent. In the TRIPS agreement there is a very accurate definition of duration of the patent’s protection – twenty years from the date of registration (Article 33).   In the cases of infringement of the patent owner’s rights as regards to patents for processes leading to generation of the product the agreement calls for the members to empower the corresponding legal authority to require the proved information about the difference between such process and those for manufacturing the identical product (Article 34). For the realization of the above concerned obligations the TRIPS agreement anticipates specified enforcement procedures which should be available in the members to strive against infringements of IPRs. Those include â€Å"expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements† which are to be applied by means excluding â€Å"the creation of barriers to legitimate trade and to provide for safeguards against their abuse (Article 41.1)†. The Developing Countries Advantages upon the TRIPs Agreement The main motives behind the move of the governments of many nations, and in particular, of developing countries, to enter the TRIPs Agreement had been, firstly, the fact of steady raising in developing countries’ exports of industrial goods into markets where earlier only developed countries were present which, in turn, made the latter to â€Å"rely more heavily on their comparative advantage in the production of intellectual property†; and, secondly, rather high expenditures involved by high–tech companies in different countries for research, innovation and development of know–how spurred them to try to find â€Å"international protection of intellectual property rights†. In general, the WTO agreements apply several instruments to make available some advantages to developing countries. Among them there are distinguishing of their interests without imposing any officially authorized obligations upon them; reducing their liabilities on some agreements in comparison with those of developed countries (which let them to protect their domestic markets more effectively). Some of the WTO agreements permit them longer implementation periods for certain obligations. In many WTO disciplines there are agreements encompassing provisions for technical assistance from developed countries to developing countries. All those are aimed at facilitation of transitional processes in the latter and giving them a chance to overtake the former. Like other parts of the WTO agreement, the TRIPs agreement grants the substantial preference to developing countries – they had four years for implementation of the agreement provisions (until the beginning of 2000), moreover this term became subject to prolongation to ten years (until 1 January 2005) for technology sectors where no previous IP protection accorded. The preferences for developing countries look adequate enough, and it is obvious that developing countries would derive benefit from implementation of efficient IPRs protection stipulated by the TRIPs agreement. Obtaining higher levels of intellectual property protection should lead to larger innovation globally from which all gain. It will stimulate attraction of more foreign direct investment (FDI) and technology transfer in view of increasing foreigners’ confidence in the products made in developing countries. But the process of implementation is costly too. The necessary costs of course vary depending on the member’s phase of development as well as its industry and technology basis. Where much innovation is informal, there are potential problems of access to, and affordability of, patent applications. Patent systems may be disproportionately expensive to set up and maintain. China’s Involvement into the TRIPs Agreement China is a unique country. It combines the features of both developed and developing countries. Evan Medeiros and Taylor Fravel emphasize that in this country evidence of the change abounds. They affirm â€Å"Chinese foreign policy has become [in the last ten years] far more nimble and engaging than at any time in history of the People’s Republic†. As for other developing countries the main concerns for China were limited coverage for products and processes, short terms of patents protection, wide scope for obligatory licensing, and inefficient enforcement in the cases of IPRs infringements. But last decades this country has been made giant steps to the progress. Few nations have changed as fast – or as dramatically – as China has since the 1970s. The world’s most populous nation has radically liberalized its economy and gone from producing low–quality and simple exports to sophisticated high–technology goods, while nurturing a vibrant private sector and attracting nearly $500 billion in foreign direct investment. After the death of Mao, Deng Xiaoping came to power in the People’s Republic of China. Since that time fundamental changes launched in the country – an â€Å"open door† policy was proclaimed re-opening Chinese markets and allowing citizens to own limited private property. Further rush development was unbelievable. In 1979 China entered into the Agreement on Trade Relations with the USA which required both parties to provide each other’s nationals with a corresponding level of IPRs. In accordance with this agreement the country became a member of the WIPO in 1980 and acceded to the Paris Convention for the Protection of Industrial Property in 1984. China also enacted a Trademark Law in 1982 and a Patent Law in 1984. Upon these regulations China provided authors and inventors with limited IPRs protection. As a final accord of this movement in 1995 China entered into the TRIPs Agreement with the USA. People’s Republic has committed itself, pursuant to this agreement, to raising the standards of intellectual property protection by means of implementation of enforcement measures and development of legal enforcement structure. The agreement envisaged expansion of US goods access to Chinese market and vice versa as well as certain changes in the IPRs protection legislation of China aimed to make it more transparent . Furthermore the country has patterned its IPR laws on international treaties: the Berne Convention and the World Trade Organization’s 1995 TRIPs Agreement. China acceded to the WTO on 11 December 2001. In order to ensure its accession to this organization, China preliminary ratified international intellectual property treaties and conventions and amended its laws. The Course of Implementation Despite of objective difficulties in implementation of IPRs legislation in China, the government succeeded greatly in the struggle against infringements of IPRs. Many laws adopted in 1980–1990s reinforced the system of these rights protection in all the categories: copyright, patent, trade secrets and trademark. For instance, as regards to patents protection, in 1993 China â€Å"extended coverage from fifteen to twenty years and also created the China Patent Management System (CPMS), a computerized system designed to handle patent applications more efficiently†. Besides China expanded patent envelopment to pharmaceutical industry that was excluded before. For instance, in 1997 CPMS â€Å"accepted 114,208 patent applications, including 24,137 from foreigners† . For many years before China became a WTO member, the state authority bodies such as police force and legal agencies had been vigorously striving against IPRs infringements especially piracy .   Beginning at 1982 China adopted many laws covering the field of IPRs protection, â€Å"such as the Trademark Law, Patent Law, Technology Contract Law, Copyright Law, Anti-Unfair Competition Law, and Regulations on Protection for Computer Software† . Notwithstanding the fact that China lacks long tradition for respect and protection of intellectual property , the progress of the country is doubtless. The Chinese government has recognized that to encourage technology transfer, there must be protection for technology. Such attitude resulted in adopting series of documents dealing with IPRs issues. Also the great importance of these issues led to the necessity to have qualified staff in patent law. Thus, now several of China’s top universities, including Tsinghua University in Beijing, have patent departments. Among the regulations adopted and amended last years there were documents regarding patents and licensing. On 28 December 2002, the State Council of China issued the Decree No. 368, modifying Article 101 and 108 of the Implementing Rules of the Patent Law of the People’s Republic of China. Modifications only involved new provisions concerning the implementation of the patent cooperation treaty, i.e. that the time-limit for international applications entering into the phase for individual country consideration should be unified as 30 months upon the priority date. On 13 June 2003, the State Intellectual Property Office of the People’s Republic of China (SIPO) issued the Methods of Compulsory Licensing for the Implementation of Patents, which came into effect on 15 July 2003. Patent Law of China was adopted much earlier – at the 4th Session of the Standing Committee of the Sixth National People’s Congress on March 12, 1984, and further amended by the Decision Regarding the Revision of the Patent Law of China, adopted at the 27th Session of the Standing Committee on September 4, 1992. Recently the Patent Law was revised in August 2003. The Implementing Rules of the Patent Law of the People’s Republic of China has been revised in June 2001 and December 2002. Such revisions have brought these laws and regulations into full conformity with the TRIPS Agreement. Wang Jingchuan, Commissioner of the SIPO, in his message said:   The creation, occupation and utilization of knowledge and intelligence resources, and quantity and quality in possession of intellectual property have become the key elements to the economic development of a country and the important foundation for countries’ participation into the competition of economic globalization and be in harmony of the world economy system. He stated that the IPRs system in China has been established and further improved last years. But much work has to be done in this field. He emphasized especially the importance of ensuring protection to interests of foreign patent applicants. In general, the main targets for the national patent work were defined by ‘Tenth Five–year Plan’. It anticipates further perfection of patent laws and regulations and patent protection scheme, further adaptation of patent procedure and maintenance system to the growth of international economy and socialist market economy, creation of environment favorable for patent protected goods and inventions as well as for technology innovation, raising the level of patent professionals’ skills and knowledge, upgrading of the patent protection level in enterprises and institutions, involvement of patented technologies to contribute to the economic growth, continuous increase of the number and quality of patent applications, updating of the patent information, acceleration and enhancement of the patent examination and granting. For achieving these targets it’s planned to facilitate the utilization of patent information resource, create and acquire more patent rights with authorization, create products and businesses with self-dependent intellectual property; pay much attention to patent work by SMEs while encouraging also corporations and business groups to acquire and transfer know–how. The task to speed up the industrialization of patent technology seems to be one of the most costly. For the purpose to enhance the patent work system the Plan anticipates supporting patent intermediate service agencies, implementing efficient examination and granting system and qualifying system for patent assets evaluation agencies and patent consultation service institutions etc. To create effective patent system China poses an assignment to complete the revision of rules and regulations including those for the implementation of the Chinese Patent Law and then make efforts to implement the revised patent law. Practical measures to facilitate patent examination include the increase of the number of the patent examiners, organization of supporting examiners group, intensification of professional training, and extension of the examiner’s inspection spheres, full involvement of information technology into patent procedures, strengthening of the examination of patent agencies and training of patent agents. The Plan stipulates reinforcement of the role of information systems and patent information resources in patent proceedings. For this purpose it’s scheduled to provide well-organized computer search system, examination supporting system, flow management system, e-filing system and e-publication system for the patent examination and granting work, realizing the paperless, electronic and network system of patent application, publication and examination procedures; to create China patent full text coded database using resources both from the country itself and abroad . Finally, the Plan anticipates reinforcement of the research on strategy, tactics and policy by means of establishment of intellectual property development research institutions, development of in-depth research on major patent issues, strengthening of the research on the patent protection of new technologies, such as computer software, nano–technology, gene engineering, biomedicine, biochips, biology engineering etc. Here also the importance of patent statistics analysis and prediction work is emphasizes . It is obvious that the government concentrates its efforts â€Å"on the implementation and enforcement of IPRs protection laws despite the difficulties faced by the Chinese authorities in a demographic, historical and cultural sense†. Now the reform and enforcement of law in the concerned field are more and more progressing. Groombridge ascertains that amplification of IPRs protection in China is for the most part the outcome of â€Å"indigenous social, economic, and political factors at work† in the country. He argues the pressure of â€Å"economic sanctions, such as those embodied in the trade laws of the United States† had no wholesome influence, and China has strived for more effective arrangements of IPRs due to â€Å"the changing perception of self-interest held by its Communist Party leaders and its citizenry† . In the course to fulfill the provisions of the TRIPs Agreement China has rebuilt its structure of legislative bodies responsible for regulation in the field of IPRs protection. The country set up a number of corresponding regulatory agencies: â€Å"the State Press and Publication Administration, the National Copyright Administration, the China Patent Office, and the State Administration of Industry and Commerce, in which the Trademark Office is located†. Also in 1998 the State Intellectual Property Office (SIPO) was established – the structure affiliated and directly subordinated to the State Council . A mission of all these bodies is to strengthen historically weak Chinese infrastructure of regulation, control and maintenance in IPRs compliance. Implementation of the TRIPs Agreement by the People’s Republic of China promises to become again the topic to analysis by the international community in 2008 in connection with the next Olympic Games which will be held in Beijing. Liu forecasts that owing to vast distribution of Olympic goods, audio– and video products â€Å"owners of IPRs will be seeking to protect their works from illegal reproduction and distribution by infringers†. He expresses belief that if the efforts undertaken by China â€Å"to reform and enforce its intellectual property laws [†¦] [will be] successful†, it would attract foreign investors to the country and promote know–how distribution here, which consequently should assist to go ahead to further economic development on the path to take leading positions in the world markets . Conclusions Experts note that having bolstered market power, TRIPs proves very weak especially on international regulation of the restrictive practices of the transnational corporations. It is true to say that the costs and benefits of IPRs are not so neatly distributed today. All the same, if the WTO is asking all countries to provide protection, it may still have to give something more in return. No doubt, China will increasingly regard itself as a great power and expect more defenses from other countries. In a speech two years ago President of the USA George Bush assured of his sympathy to the countries â€Å"that believe in the power of economic engagement to help solve the problems ranging from human rights to security matters†. China for sure is one of such countries demonstrating its aspiration for integration into the global economy . Nowadays we are witnessing the economic boom in this developing country. It is deserved outcome by the People’s Republic of China, as on its way to progress, in contrast to almost every other developing country, China has managed to eliminate the worst forms of social misery, and while denying the spirit, it displays spiritual values: in that underlies the paradox of Mao’s China. Having entered into the TRIPs agreement China pushed its trade policies behind the borders of the country, opened up its markets, and although experiencing certain difficulties in this agreement implementation, stays on the path of development. 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