Thursday, October 31, 2019
Canon's international market Essay Example | Topics and Well Written Essays - 3000 words
Canon's international market - Essay Example Research identifies, further, little to no influence in the country of origin effect for this brand. 1.0 Introduction Canon, founded in 1937, is a Japanese multinational brand that focuses on several different markets. The brand specialises in the production of photocopiers, digital and movie production cameras, printers and household camcorders. In 2012, Canon maintained nearly 21 percent market share among competition for sale of copiers and computer printers (Tonerfabrik 2013). It is through innovation, rather than standardisation, that Canon is able to capture such high market share in computer hardware and peripherals, consistently making improvements to product design and functionality in order to achieve target market interest. Canon operates in a very competitive international market, with major brand-recognised names such as Nikon, Hewlett-Packard, and Samsung maintaining the most prominent competitive forces. Furthermore, Canon provides products to Japanese, Chinese, Europe an and North American consumers, with each market maintaining different needs for functional camera and computer peripheral equipment. Additionally, the businesses’ medical equipment customer segments are drawn to Canon’s recent innovations in providing pioneering medical imaging products which is changing the scope of Canon’s production systems and emphasis on product output. In order to compete successfully in a dynamic and very saturated international market, Canon must identify opportunities to better serve diverse consumers and business customers and consistently innovate as part of multinational strategy. 2.0 Canon 4P marketing analysis This section describes Canon’s approach to the marketing mix that determines its market position among competing brands. 2.1 Product Canon cannot adopt a standardised marketing philosophy as the lifestyles and needs of consumers vary according to cultural characteristics, usage patterns for the products provided by C anon, and their level of price sensitivity. Japanese consumers, according to Geert Hofstede, a famous and respected cultural researcher, score very highly in uncertainty avoidance on Hofstede’s Cultural Dimensions scale (Hofstede 2010; Fernandez et al. 1997). As such, consumers purchasing Canon’s computer hardware and cameras will want to be ensured of quality, a proven product superiority that will justify the majority of their decision-making when comparing other technology brands. In Japan, Canon produces products for consumer markets that are largely undifferentiated, meaning that competition continues to replicate existing innovations that make products, competitive, rather homogenous. It is necessary for Canon to position the business as a quality leader for this consumer market, consistently reinforcing that the company continues to produce superior output. Figure 1: Illustrative example of Canon product advertising in Japan Source: Laman, T. (2013). Tim Laman à ¢â‚¬â€œ Wildlife journalist. [online] Available at: http://timlaman.com/#/published-work/commercial/11Canon_Ad-Female_Ibis_2 (accessed 18 May 2013). As illustrated by Figure 1, Canon illustrates the image quality that will be attained by its camera products,
Monday, October 28, 2019
The Impact of Human Rights Violations on Refugee Women Essay Example for Free
The Impact of Human Rights Violations on Refugee Women Essay The international concern about the rights of women has been rapidly gaining attention from higher authorities. Since the end of the World War II, the issue pertaining to this has received significant development until the millennium era. The first among the organization that concentrated on the advocacy of the women’s rights was the Commission of the Status of Women, which was established in 1948 in order to promote women’s right and equality followed by the International Women’s Decade in 1976 to 1985 (Beyani, p. 29) dedicated to the promotion of women’s right as human rights.. In the same way, the United Nations had conducted several conferences to address the problem of human rights violations committed on women worldwide as well as to outline legal trends that could help minimize violence on women and to advance the cause of women specifically the refugee women. Spearheaded by the United Nation, the conferences composed of loose coalition of groups and individuals worldwide, they launched a petition in 1991 calling on the Vienna to comprehensively address women’s human rights. These campaigns were so successful that women’s right gained recognition in both the UN documents and treatises including the adoption of a UN declaration of on the Elimination of Violence against women. Cases of human rights violations among refugee women are ubiquitous because these people are exposed to numerous threats during all phases of the dislocation or displacement period Displacement period among women simply refers to their loss of jobs by either war or domestic violence. Their experiences while at the camp leave emotional and physical impact on them, which in many cases traumatic that cause major changes in their lives.            Likewise, those organizations have identified specific exploitations done on women including refugee women, which have the worst cases of human rights violations all over the world. Among the recognized forms of abuses are rape, sexual abuse, sexual extortion, and physical injury as outlined by the United Nation. These abuses are rampant regardless of their geographical limitation; abuses are inflicted to many women in refugee camps around the globe most particularly in countries like Yugoslavia, Rwanda, Somalia, and many Asian nations. The human rights of these refugee women receive less considerable attention unlike their male counterpart or the human right’s abuses among men., because in the first place, their interests have not sufficiently represented in the international body. Stedman and Tanner cited the definition of refugee from African Unity Refugee Convention in 1974, which he stated as, â€Å"every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refugee in another place outside his country of origin or nationality†(p. 139).            Refugees are people who seek international protection for fear of persecution, civil war, or strife, abuses of human rights, and other reasons in their own country because their own country failed to provide that for them (Tarner, 139). Nowadays, the process of seeking refuge or asylum is under an obligation and/or activity of United Nations with the assistance from United States of America and other participating countries. The reported cases of refugee prepared by United States Committee for Refugees in 2003 are approximately less than ten million (Martin, p. 3); and the majority of these people are from the least developed countries such as Bangladish, which are mostly women and children. However, the irony here is that, the refugees who are after for protection have stumbled upon worst exploitations in the country they chose to settle. Refugee women are defenseless in terms of abuse by people in the government and sometimes by rebellious groups.            There are factors that can prove the relationship of refugee flows with social, cultural, and political chaos in the society. Doreen Marie Indra stated that it becomes clear that in many cases these experiences are â€Å"grounded in politics†(p. 326). Women become the subject of persecution at some occasion because they refuse to oblige with or they transgress social mores. Indra explained that because these women oppose the dictates of a political or religious system they are gendered punishment for violation of â€Å"particular social norms†(p. 326).In other words, even the prevailing social and religious system was oppressive in nature to the women’s right and they punished for disobeying even the simplest dress code (Indra, p. 328).            Michael Penn and Rahel Nardos saw the angle of discrimination of society to women as another ground for human rights violation of refugee women. Violence against women according to him is a â€Å"manifestation of historically unequal power relations between men and women†¦[and that it] is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men†(p. 182). Likewise, those women in refugee camps and minority groups are vulnerable to violence according to him. This concept prompts men to take advantage of women in refugee camps because of the idea that women are property of men.            On the other hand, Erin Baines believed that problem pertaining to refugee crisis has something to do with the cultural differences among individual groups (p. 32).      Stedman and Tanner (2003) described the nexus of refugee flows as:  â€Å"The result of the failure of the international system to prevent, deter, or terminate gross violations; from failure to hold governments that are guilty of gross violations responsible for the floods of refugees they unleash; from failure to assume political responsibility for refugee situations that threaten international peace and security; from failure to assume political responsibility to prevent violations that unleash refugee floods, and collective responsibility to guarantee remedies, including temporary protection or resettlement†(p. 155).            Accordingly, refugees continue to suffer from exploitation simply because the international political system fails to recognize its collective responsibility in this issue, at least to place individual rights at the top of the normative deliberation in refugee catastrophes.(yes it’s mine.) It means that obviously the rights of individual refugee women were somehow neglected, although in general, there efforts to combat human rights abuses. The relocation itself causes difficulty to refugees especially in adjusting oneself to current culture, language, and society. Most of them rely on donation from non-government organization, which does not sufficiently sustain the needs of the family. Though they wish to stand on their own, they find difficulty gaining access to important services such as income-generating projects and educational programs, Indra noted that women in many countries†¦ â€Å"Are denied education, access to profession, or paid work (p. 326)  which are important elements to support the need of the family especially in the absence of the husband. Due to this problem, many of them suffer financial complexity and emotional stress. Meyer and Prugl noted that refugee women cannot enjoy the social services or employment opportunities or be protected in accordance with the UN High Commissioner for refugee  UNHCR policies since most of them rely on their husband’s document; and this resulted to great stress among them as they seek help from the authorities such as the United Nations (p. 250). These people are likely to experience poverty, illiteracy, encounter conflicts within refugee population, domestic violence, and sexual torture. Poverty is one major problem of the refugees. They are lack of adequate food and safe drinking water that lead to high rates of child mortality and relatively poor health. Cole, Espin, and Rothblum reported that most refugees â€Å"live in unsanitary conditions where epidemics and disease are common, water supplies are contaminated, and food resources are insufficient (p. 65). In a report made by the United States General Accounting Office (GAO) narrated that women are often reduced to â€Å"exchanging sex for otherwise unavailable food and nonfood items such as clothing, shelter materials, and cooking items†(p. 25). Girls in the refugee camps have little opportunity to acquire education because families do not have funds for school fees, uniform, books, and others. Lack of education worsens their condition because this limits the employment chances of women and youth in the future. Many refugees encounter conflicts within the refugee population because of major ethnic groups or political factions. Martin noted that the conflicts among the refugees affect the participation in decision making of the representatives of different groups that hinder possible solution to their problem (p. 18). Domestic violence on women in the refugee camp occurs because male family members are away, or sometimes killed. According to the report of Human Rights Watch Staff, the levels of domestic violence â€Å"could also be high in refugee setting.† For instance, in the Human Rights Watch’s report of the Burundian refugee camps in 1998, they had recorded relatively high incidence of domestic violence committed on women, which occurred inside or outside refugee camps by relief workers (p. 487). This group acknowledged this problem as something largely unrecognized and the perpetrators â€Å"enjoyed free movement in the camps†(p. 487). Sexual torture somehow is different from domestic violence. Martin specifically identified these tortures as something inflicted on the victims in an inhumane manner. Sexual torture is in form of either heterosexual or homosexual rape; the rape of women by the use of specially trained dogs or forced witnessing of unnatural sexual relations, and many other forms (Martin, p. 33). Basically, torture causes much severe emotional impact on its victims both physically and psychologically, because of the nature it is being carried out.which Martin describe as â€Å"inhumane, cruel and degrading punishment or treatment (p. 33) Aside from health and protection problems, women in the refugee camps are likely to suffer additional problems due to their gender. According to Cole, Espin and Rothblum, women and girls are vulnerable to sexual violence in which rape is a common experience for them (p. 65). Rape is the most frightening and humiliating experience for the refugee women; this is the most traumatic actually that many of them already committed suicide. (Espin and Rothlblum, p. 69) The raping of refugee women is unusually brutal; they are gang raped or raped repeatedly often for days at a time. Refugee women’s experience while at camp produces both physical and emotional impact on them.            First, they suffer from emotional trauma leaving them alone to confront the issue. Cole, et.al., explained that for Asian and African women, being a rape victim is considered ‘ruined’ because their culture values virginity is â€Å"synonymous with purity†(p. 69). As a result, they feel they lose all value in society and are rejected by their families. Rape for Islam, Buddhist, and Taoist is associated with â€Å"karma†or punishment for the sin they have committed. Thus, most of these women are unwilling to disclose the issue to others, in turn, their behavior show psychosomatic symptoms of these experiences. Theilade LD. Explained that sexual dysfunction is possible to occur if a person has experienced sexual torture or non-sexual, physical, or non-physical torture. He further stated that this problem is â€Å"seen in up to fifty-one percent of torture victims (par. 1). However, the development of sexual dysfunction may occur largely to people who suffered from sexual torture. Sexual dysfunction could also be attributed to post traumatic stress disorder.(This info. came from Pubmed.www.pubmed.gov Kemp and Rasbridge mentioned about Post Traumatic Stress Disorder by refugee women as a result of stress, physical or sexual torture, and trauma (p. 74). Women who had been in this traumatic experience said that they avoided going out yet, due to their family responsibility, they had to force themselves to continue with daily activities. Post Traumatic Stress Disorder could be obtained if the person has previous anxiety disorder and other factor such as early childhood trauma or head injuries that may trigger the problem. Generally, refugees suffer from mental health problem like flash backs and dreams and intense guilt or anger and the percentage is almost sixty-five percent, which lasted for many years especially when they do not receive treatment and support from family members.            Moreover, these women are likely to sustain physical injuries. Others contract venereal disease or sexually transmitted diseases. Some became pregnant after the rape. Indeed, women are not only victims of general violence and the lack of health care, they also contending issues unambiguous to their biology and social status. However, despite of predicaments faces by refugee women, Florence Howe (1996) noted that refuge and displaced migrant women are likely to endure any situation. Howe Asserted, â€Å"Refugee, displaced and migrant women in most cases display strength, endurance and resourcefulness and can contribute positively to countries of resettlement or to their origin on their return†(Howe, p. 213). Howe pointed out these women should be appropriately involved in decisions that affect them and their future, since it cannot be denied that women make significant but frequently unrecognized role as educators both in their families and their societies as Anthony Redmond noted (2006) â€Å"women will often be the first to deny themselves in favor of others, particularly children or male partners†¦Ã¢â‚¬ (Redmond, p. 21) Conclusion            As some authors pointed out, the international human rights and the United Nations has done enough to protect human rights particularly of the refugee women. But is a fact that abuses on women continues to dominate in many countries in the world particularly in refugee centers. Perhaps this social stigma can be attributed to the two of the most pressing problems of the society ever since, Poverty and discrimination.            Thus no matter how many laws are legislated to protect women from abuses, or no matter how far is the international effort or even the United Nation’s effort to provide necessary protection for women’s right, these abuses on women will continue to persist unless the fundamental sources of the problems are addressed, although this problem maybe is as old as human civilization it self. Authorities therefore must not only look at the crime or run after the offenders but they should also consider the situations involve and gather evidences relating the crimes to the problems mentioned and suggest possible solution to the problems to law making body. The United Nations and all international effort on combating abuses on women must also pay attention to this problem, and try to realign some of their resources to help address the two problems mentioned earlier, along with intensified efforts of the law enforcement to run after the criminal offenders to put them behind bars. Intensifying efforts of both the international body and law enforcements agencies against the offenders and social problems may not completely erased this disease of the society but it certainly will help curb the problem. Work Cited Baines, E.K. Vulnerable Bodies: Gender, the Un and the Global Refugee Crisis. USA: Ashgate Publishing, Ltd., 2004. Beyani, Chaloka. â€Å"The Needs of Refugee Women: A Human Rights Perspective.†Women and Rights. Ed. Sweetman, Caroline. UK: Oxfam, 1995. Cole, E., Espin, O., Rothblum, E. Refugee Women and their Mental Health: Shattered Societies, Shattered Lives. USA: Haworth Press, 1992. Howe, F. Beijing and Beyond Toward the Twenty First-First Century of Women: Includes the Complete Text of the Plattform for Action. USA: Florence Howe Graduate School and University Center, 1996.  Human Rights Watch World Report 1999.  New York: Human Rights Watch, 1998. â€Å"Humanitarian Assistance: Protecting Refugee Women and Girls Remains a Significant Challenge.†United States General Accounting Office. May 2003. http://books.google.com/books?id=WHZdHdprBWgCprintsec=frontcoversource=gbs_summary_r#PPP1,M1 Indra, D.M. Engendering Forced Migration: Theory and Practice.  USA: Berghahn Books. Kemp, C. Rasbridge, L.A. Refugee and Immigrant Health: A Handbook for Health Professionals, UK: Cambridge University Press, 2004. Martin, S. F. Refugee Women. USA: Lexington Books, 2004. Meyer, M.K. Prugl, E. Gender Politics in Global Governance. USA: Rowman Littlefield Publishing, Inc., 1999. Penn, M.L. Nardos, R. Overcoming Violence Against Women and Girls: The International Campaign to Eradicate a Worldwide Problem. USA: Rowman Littlefield Publishers, Inc., 2003. Redmond, A. ABC of Conflict and Disaster. UK: Blackwell Publishing, 2006. Stedman, S. J. Tanner, F. Refugee Manipulation War, Politics, and the Abuse of Human Suffering. USA: Brookings Institution Press, 2003. Theilade, LD. â€Å"Sexual Dysfunction in Torture Victims.†PubMed. 2002 Oct . http://www.ncbi.nlm.nih.gov/pubmed/12407879?ordinalpos=1itool=EntrezSystem2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed_RVAbstractPlusDrugs1
Saturday, October 26, 2019
Analysis of the Bosman Case
Analysis of the Bosman Case The decision of the ECJ in the Bosman case[1] had an extremely significant impact on professional sports within the European Union. As has been pointed out by a number of commentators the decision in Bosman led to an overhaul of the existing transfer rules of club football within Europe. It also had a wider impact on professional sports as a whole as the post-Bosman period witnessed a significant influx of migration of professional athletes within the EU.[2] Within the EU, sport has assumed a special status and forms an integral part of European identity and its culture. The European parliament has coined the term specifity of sports to address the interaction of Community law in the sporting arena and the extent of such an interaction.[3] This interface between sports and community law was first addressed in Welgrave and Koch v Union Cycliste Internationale[4] followed closely by another decision in the case of Dond v Motero.[5] Almost twenty years down the line came the decision in Bosman which clearly elucidated the role of Community law within the sporting arena and in the process reaffirmed and elaborated upon some of the principles discussed in the two above mentioned decisions. The controversy around the Bosman decision stems from the fact that it put an end to the existing transfer process in European football by abolishing player transfer fee system and creating free agency for European footballers. It also brought an end to the existing UEFA Non-National rules. Both the above regulations followed by European clubs were tested against the Community provisions aimed at protection of labour rights and were found wanting. The transfer rules as well as the nationality rule was found to be violative of Article 48 of the Community treaty safeguarding against free movement of labour as well as anti-discriminatory treatment of workers. The significance of the Bosman judgment lies in the fact that it managed to make a significant contribution to the corpus of labour law by emphatically reinstating that sportspersons rights were protected within Community law and also laid down the framework for subsequent judgments which further established the labour rights of pr ofessional sportspersons. The paper will first explain in brief the background in which the Bosman judgment arose. Then paper will delve into the intricacies of the judgment along with some of the most persuasive arguments raised by the parties to the dispute. Then judgment of the court along with the reasoning behind the judgment will be explored. At the outset it has to be mentioned that the paper will only address the issues of transfer rules and nationalily rules which were evaluated on the anvil of Article 48. The ancillary issue of related to Article 85 and Article 86 of the Community treaty would not be addressed. In the next section the paper will explore the extent to which the judgment in Bosmans case contributed in settling the law related to free movement and non discrimination of sportspersons within the EU. In this section of the paper subsequent judgments would also be briefly looked into to describe the establishment and development of the principle of applicability of non discriminatory princ iple within the arena of sports in the EU. Finally the paper will briefly look back at the arguments raised in the Bosman case related to the need for keeping sports outside the ambit of the provisons of Community treaty. In this section existing regulations in England as well as the United States will be looked into to evaluate whether the guidelines laid down in Bosman is in sharp contrast to the sporting regulations existing in those states. Literature Review A Closer Look at the Judgment of Bosman Background and Facts Within the European Union football is played either as an amateur or a professional sport. The structure of professional football comprises of clubs which belong to national associations or federations. The national associations including Belgiums ASBL Union Royale Belge des Societes de Football Association (URBSFA) are members of the Fà ©dà ©ration Internationale de Football Association (FIFA). FIFA is again divided into confederations, UEFA being the confederation which governs football in Europe. As per the rules framed by the URBSFA prior to Bosman case, every player whose contract is expiring must be offered a new Contract by April 26, failing which he is given amateur. The player has the option of accepting or rejecting the contract offer. If the player rejects the contract, he is placed on the compulsory transfer list for a month from 1st may onwards. In this period any club can buy the player from his existing club even without the permission of the existing club by paying certain compensation fee for training which is called transfer fees. On 1st June the period of free transfers begins and in this period a player can be transferred by the mutual agreement of both clubs after the payment of the requisite transfer fees. If the transfer does not take place the clubs are required by URBSFA to offer a contract to the player which is not less than the initial contract of April 26. If this contract is rejected by the player, he is classified as an amateur and has two wait two years to obtain a transfer without the clubs consent. Jean Marc Bosman, player for Belgian club RC Liege, was offered a contract before the expiry of his existing contract which entailed a substantial reduction in his wages, of almost 75%. As a result Bosman refused this new offer and as a consequence was put on the transfer list. During the period of free transfer the French second division club US Dunkerque became interested in employing Bosman. However as per rules for international transfers, the Belgian football association had to pass a transfer certificate to the French football association within a specific time. However in spite of RC Liege and US Dunkerque agreeing upon the amount of transfer fee for a seasons, RC Leige refused to give permission to the Belgian league to pass on the certificate to the French association as they were unsure about the financial solvency of Dunkurque. Thus Bosman was preveted from joining RC liege leading to the initition of a suit in the Court of First Instance in Leige which finally culminated in the landmark decision of ECJ in 1995. Transfer Rules and Article 48 The Courts assuming jurisdiction under Article 177, restated the principle of applicability of Article 48 of the EU Charter to sporting activity as long as there is an the existence of, or the intention to create, an employment relationship. ECJ decided in favour of Bosman and against the respondents namely RC Liege, URBSFA and UEFA. The court ruled on two main issues. Firstly the Court overhauled the existing transfer system by holding that transfer fees for out-of-contract players were illegal and in violation of Article 48 of the EU treaty when the players were moving from one E.U. nation to another. Secondly the court also found nationality clause to be inconsistent with Article 48 and as a result struck it down. Firstly in spite of the arguments raised by the respondents the ECJ found that the right to movement of workers as enshrined under Article 48, which is one of the four fundamental rights guaranteed by the EU charter, was being violated by the existing transfer rules of URBSFA.The Court rejected the contention that transfer rules governs relationship between culbs and does not affect the players. The Court pointed out that transfer fees is a burden which the clubs has to bear and the failure to pay such fees ultimately affects the employment rights of the players.The Court then pointed out that in spite of being contrary to Article 48 the transfer rules could be saved if they could be justified on the grounds of pressing public interest and the principle of proportionality between the means exercised for the objectives sought. However in Court went on to reject the different justifications forwarded by the respondents. The Court found merits in UEFAs goal of maintaining financial and competitive balance but rejected the claim that the transfer rules furthered this object because the existing rules had failed to preserve the level of financial and competitive balance as the rules failed to prevent the richest clubs from securing the best players. The merit of the second justification advanced by respondents regarding UEFAs goall of encouraging the recruitment and training of young talent was also accepted by the Court. However the Court failed to establish the nexus between the transfer system and the achievement of that goal. The Court found no relationship to exist because the amount of a transfer fee is unrelated to the actual cost of training and recruitment, and because receipt of such fees for any particular player is speculative. Finally the argument that transfer fees are acceptable on the grounds that such transfer fees are necessary for clubs to buy players was rejected because the Court o bserved that obstacles to freedom of movement cannot be justified simply on the grounds tat such obstacle was in existence in the past. Finally the Court reaffirmed the opinion of the Advocate general that as alternatives which does not tantamount to an obstacle to freedom of work can be used to achieve the ends sought by the transfer rules and hence the transfer rules has to be struck down. Nationality Principle The ECJ also rules that the 3+2 rule which restricts the employment of footballers of a different EU state is in direct violation of Article 48(2) of the EU treaty which expressly seeks to abolish any discrimination based on nationality between workers of the member states of the EU in relation to employment, remuneration and conditions of work and employment.[6] In this regard the Court further refers to Regulation 1612/68 of the Council which seeks to enforce the provion under Article 48. Finally the court extends this principle of non discrimination to the existing transfer rules by referring to the principle propounded in the Dona case where regulations of sporting bodies were held to fall under this principle of non discrimination. In light of the conflict between the nationality provision of the ransfer rules and Article 48 the Court examines a few possible justifications which can save the nationality rule followed by UEFA. It was argued by the respondents that the nationality rule can be justified on non-economic grounds including maintaining a natural link between the club and the country, the maintenance of a pool of national players and to maintain the competitive equilibrium between the clubs. However the Court referring to the Dona case observed that though non economic objectives may justify the exclusions of certain players in certain fixtures but that principle is not relevant in this case because the 3+2 rule of UEFA applies to all clubs and all matches. Similarly the Court also observed that the nationality rule is not adequate enough to prevent rich clubs from acquiring the richest players. Further the argument regarding the nexus between club and country was also rejected along with the point regarding the maintenance of a pool of national players. Another important point which was argued and rejected by the Court was that the 3+2 rule was developed in cooperation with the Commission and hence should not be struck down. In this case the Court observed that Finally, as regards the argument based on the Commissions participation in the drafting of the 3+2 rule, it must be pointed out that, except where such powers are expressly conferred upon it, the Commission may not give guarantees concerning the compatibility of specific practices with the Treaty Hence if the rule in violation of Article 48 then the fact tht it was made in cooperation with the European Commission will not validate it. Community Law and Principle of Non Discrimination of Foreign Nationals In order to understand the interface between nationality restrictions and its conflict with the EU treaty it is imperative to briefly look into the framework of the EC treaty. Sports per se has not found a place in the present EC treaty, but as has been discussed before, it falls within the competence of EC law when it concerns an economic activity.[7] Article 12 of the EC treaty prohibits discrimination on the grounds of nationality. More specifically discrimination on the basis of nationality of workers is dealt with in Articles 39[8] to 42 of the EC Treaty. However it has to be remembered in this context that the compatibility of a sporting rule with a particular article of the Treaty does not release the rule from the requirement to comply with other Articles of the Treaty.[9] However, the general protection against nationality discrimination can only be invoked in the absence of any specific provision within the treaty. This principle was elucidated in the case of Lehtonen and C astors Canada Dry Namur-Braine v. Federation Royale Belge des Societes de Basketball (FRBSB),[10] where it was observed that Article 39 of the treaty dealing with nationality discrimination of workers will be applicable in the instant case. The Court further observed that Article 12 will only be applicable independently in case of the absence of any specific provision.[11] In light of the above framework of Community law the Lehtonen judgment can be briefly evaluated to determine whether it has also followed the Bosman line and determined whether a sporting rule can be discriminatory within the EC treaty in the absence of objective justification. In Lehtonen different periods of transfers were applicable in the Belgian basketball league of players from Belgian clubs and European clubs. This vires of the transfer rule was challenged to be in violation of the non discriminatory rule enshrined under Article 48. The ECJ observed that Article 48 precludes the application of rules laid down in a Member State by sporting associations which prohibit a basketball club from fielding players from other Member States in matches in the national championship, where they have been transferred after a specified date, if that date is earlier than the date which applies to transfers of players from certain non-member countries, unless objective reasons concerning only sport as such or relating to differences between the position of players from a federation in the European zone and that of players from a federation not in that zone justify such different treatment.[12] In other words the Court followed the line of Bosman and held that Article 48 can act as a threshold which specific sporting regulations have to abide by. However a divergence from the non-discriminatory principle is allowed if they can fulfill the test of objective satisfaction. One more interesting aspect of the non-nationality principle, which has come to the limelight in subsequent cases, is the status of individuals belonging to non-member states who have entered into Cooperative agreements with the EU containing non discriminatory terms in relation to nationality of the members of those states as well as the members of third party states. In the Malaja[13] ruling a Polish basketball player Malaja, challenged the restriction of the French Basketball Federation on the number of foreign players in a club. She based her claim on the basis of an agreement entered by Poland with the EU which ensured non discrimination of Polish workers within the EU. The Council the Etat held that the non-discriminatory principle enshrined in the EU treaty will also be applicable to eastern European states along with Poland who had entered into cooperation treaties with the EU. Another landmark decision in this respect is Kolpak case. Kolpak who was a Slovak national, signed consecutive fixed-term contracts in 1997 and 2000 as a goalkeeper for a second division handball team. However the German Handball Associations imposed a cap on the number of non-EU players who could play in one team. This precluded Kolpak from performing his duties under the employment contract. Kolpak held a valid residence permit in Germany. He took the dispute to the German courts arguing that the agreement between Slovakia and the EU would prevent the Handball association from treating him differentially from other non-EU or German players. The dispute was referred to the ECJ. The Court observed that the agreement with Slovakia did not contain any specific provision safeguarding against anti-discrimination. However the Court compared the agreement with Article 48 of Treaty of Rome and came to the conclusion that the agreement embodied the same principles which have been enshrined u nder Article 48. Hence even in the absence of any specific provision preventing discrimination, the Court held that the principles of non-discrimination established in Bosman can be extended to the present case. However the Court restricted the scope of the non-discriminatory principle by holding that the non-discriminatory principle construed from the agreement will be limited to Slovakian workers already employed in the member states of the EU. The final judgment that has to be mentioned in this regard is the Simutenkov case in which the Courts closely analyzed the Bosman and the Kolpak decisions. The decision of the Court in the Simutenkov mirrored the judgment in Kolpak and extended the principle of non-discrimination to Russian workers employed within the EU. The decision followed Kolpak to the extent that the scope of the non-discrimination principle was restricted to existing workers. In other words it did not bestow a general right on all EU members to circulate freely within the EU. A Closer Look at the Sporting Exception In Bosman, UEFA had argued that sports was always respected within the European Union and owing to the difficulty in extrapolating the economic aspect from football Article 48 should be interpreted in a flexible manner. German Government further emphasized on sports being an expression of European culture and hence should be protected under Article 128 of the Treaty of Rome which seeks to safeguard the national regional diversity of culture. However as has been discussed previously the Court relied on previous ECJ decisions in Walgrave and Dona to determine the extent to which Article 48 of the treaty of Rome can regulate sporting activities. Again as recently as 2006, The ECJ in its decision in Meca-Medina v. Commission[14], reaffirmed the principle of Bosman when they observed that having regard to the objectives of the Community, sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 However the approach of the Court in this respect has been severely criticized in certain quarters. Commentators have alleged that the Court has in their zeal to extend economic regulations have failed to recognize the specific nature of sports.[15] However a brief look at sporting regulations and the legal restrictions imposed on such sporting rules in US and UK points to the shortcomings of bestowing unfettered power in respect of sporting activities. The transfer system in British football can be traced as far back as the last decade of the 19th century when football clubs started to purchase and sale football players. The concept of transfer fees was in existence even in that period. Even though these rules flagrantly violated the contractual and labour rights of the players, these rules remained in existence throughout the majority of the twentieth century and were justified on the grounds of regulating player mobility and competitive equilibrium. The landmark case of Eastham[16] the retention and transfer system[17] was challenged by George Eastham who wanted to move from Newcastle to Arsenal. However Newcastle simply retained him despite his repeated request for transfers. As a result a writ was filed in the High Court against Newcastle for restraint of trade. Five issues was considered by Judge Wilberforce out of which the one of relevance where whether there was actual restraint of trade and whether such restrain was necessary for the maintenance of the nature of the league or its members. The Court found that Newcastle had indulged in activities which tantamount to restraint of trade. More importantly the Court found that the transfer and retention system was also an unreasonable restraint on trade on the ground that it acted as a barrier to the movement of players even when their contracts have expired unless a transfer fee was paid.[18] As a consequence of the Eastham rulin the retention and transfer system was overhauled and a new system was introduced where a player was free to move from his existing club unless the club offered a contract which atleast equaled the terms of the previous contract between the club and the player. In 1978 further changes were brough about which gave players the right to reject contracts and move to a different club. Further it was provided that in case of a dispute between the new and the former club regarding transfer fee a four member panel will be constituted to determine the amount of transfer fees. Finally the regulations existing in the baseball league in US [MLB] and its interface with different fields of law can be briefly explored. The major contentious issue in American Baseball league was surrounding the reserve list and reserve clause: which raised significant questions regarding players right to movement and free agency. However in the early years of the twentieth century the US legal system was averse to the idea of collective bargaining rights and hence there was a lacuna in the law related to labour rights. Further the Sherman Act, which sought to prevent restraint of trade also provided an exception to the MLB and as a result the employment rights of the players suffered. However the gradual development of collective bargaining culminated into the creation of baseball players association[MLBA] which entered into a collective bargaining agreement with the club owners. The significance of this collective bargaining agreement was that it contained an arbitrational clau se for addressing players grievances. On the basis of this collective bargaining agreement, arbitration proceedings were initiated inNational American League Professional Baseball Clubs v. MLBPA[19] where baseballs reserve system was challenged. The arbitrator found in favour of the players. However the true significance of the judgment lies in the fact that the arbitrator held that though it was possible to negotiate a reserve system which contained the option of continuous renewal, however the option clause was not implied into the contract and had to be bargained for. In other words the arbitrator laid down that the though the reserve system cannot be overhauled, however the incorporation of such a clause in player contract cannot be implied. The presence or absence of such a provision will be decided on the basis of collective bargaining between the parties. This was also affirmed by the [1] Union Royale Beige des Societes de Football Assn ASBL v.Bosman, 1995 E.C.R. 1-4921, 1 C.M.L.R. 645 (1995 [2] [3] [4] [1974] ECR 1405 [5] [1976] 2 C.M.L.R. at 587 [6] [7] [8] [9] [10] [11] [12] [13] [14] Meca Medina v. Commission, 2006 E.C.R. I-6991 [15] It has been argued that players have been treated as mere factors of production and the link of sports with the culture and identity of the Community have been overlooked. Further it has been suggested that one of the primary shortcomings of Article 6 dealing with discrimination in general and Section 48 dealing with discrimination against workers is that these two article fail to recognize this important characteristic of sports. [16] Eastham v. Newcastle United Football Club, Ltd., 1964 Ch. 413, 419. [17] Prior to the Eastham case this system existed in England where a club could virtually retain control over a player even after the expiry of a contract by withholding his player registration. A player could not move until the registration documents were released by the club which was usually done on the payment of a transfer fees. [18] [19] 66 Lab. Arb. Rep. (BNA) 101 (1975) (Seitz, Arb.).
Thursday, October 24, 2019
Societal Corruption in The Broken Jug by Heinrich Von Kleist Essay
The Broken Jug is a comedy, written by Heinrich Von Kleist in the Eighteenth century, which is centered on the theme of injustices in society. The play reveals the scandalous affairs of a corrupt legal system, in which the judge, a traditional symbolic figure of peace and nobility and social equality, is instead exposed as an incarnate form of a morally corrupt and perverse society. Each of the plays major characters are therefore created as figures that serve as implicit representations of Kleist's moral and political views. In The Broken Jug, Kleist constructs a literary structure in which symbolism plays a crucial role in defining the essential nature of the play. As a result of this structure, we often see discrepancies between the "real and symbolic" themes in the play. Kleist constructs the play and its characters around superficial appearances that later reveal their symbolic or "real" nature. A consistent theme in Kleist's work is that of trust and this aspect is figured prominently throughout the comedy. Kleist maintains a strong belief that all genuine human relationships should be based upon feelings expressed in the form of unquestioning confidence. This is because feelings derived from reason and rational, serve merely to deceive and create a false sensual experience that is not real. Emotional experiences that originate from the heart, however, cannot be deceived and are therefore authentic and real. Kleist therefore uses a form of juxtaposition in the play to create an almost irreconcilable tension between the idealistic notions of emotional freedom and that of determinism, which is defined by a sense of total and rational order. His work poses a paradox between the contradicting ideas on freedom and r... ...clever human being whose imagination enables him to escape the net of lies and excuses which he has, often deliberately, constructed. Operating from the "will to power" of his individual desires, Adam is driven by his desire for the young woman and eventually finds himself caught in the determinisms of the law and society. In addition to being an ambiguous symbol of a young woman's (potentially) lost reputation, the broken jug becomes a symbol of the "vessel" of the community that is being cracked by the self-centered actions of individuals. The jug is therefore crucial to an understanding of Eve's personality and to the re-attainment of some moral balance. In the final scene, The Broken Jug resorts to the traditional conclusion of marriage. Ruprecht asks for and receives Eve's forgiveness. Kleist uses their relationship to exhibit issues of individual freedom.
Wednesday, October 23, 2019
Extended Marketing Mix Essay
Launched on 3rd of October 2009 by the McLaren’s Group which has been a name with great passion towards improvement of motor sports in Sri Lanka, Speed Drome (Pvt) Ltd. is every Pro/Go-karter’s heaven on earth. Located amidst green pasture in close proximity to the parliament complex and Buddhadasa play ground in Battaramulla, Speedrome is a fully equipped and professionally fitted race track which includes 19 go-karts, computerized timing and scoring systems, professionally trained staff, designated spectator areas and air-conditioned VIP gallery, all for the sake of providing their customers with the best experience that they can offer. Go-karting may be Speed Drome’s main product but they haven’t stopped there as far as the entertainment aspect is concerned, with a sports bar and a luxurious lounge. These two additional services are provided for customers to host parties or any corporate events. Speed Drome also has taken an initiative in providing a swimming pool to cater to discerning corporate executives and high profile lifestyles. As for the little kids, Speed Drome has taken the liberty of creating a kiddies race track as well. To put it simply, Speed Drome aims to be not only an attraction for Pro/Go-kart lovers everywhere but also to provide the entire family with leisure activities and entertainment. Speed Drome has gained much popularity ever since its launch, with an exhibition kart race in which the participation of Yoshitha Rajapaksa, Aravinda De Silva the former cricketer who is a keen fan of motor cars along with the lady racer S.A. Lakshika and Jackson Anthony were noted. Karting championships such as â€Å"Speed Drome All Island Karting Championship Rounds 1-3 †show off exactly what Speed Drome is all about as many professional formula one drivers take part in these competitions exhibiting the real skill involved in Go/Pro-karting, while attracting even more potential customers and leading to other karting championships. Finally the major plus point for Speed Drome is the fact that it is the one and only Go/Pro-Karting facility in Sri Lanka as yet and with its added assets Speed Drome’s future seems very fruitful with all the necessary standards being maintained. The Extended Marketing mix 1. Product In a service organization, the product is referred to the service being delivered to the consumer which is intangible, inseparable, variable and perishable. The speed Drome (Pvt) Ltd. (Appendix 1) offers a variety of services which can be explained in terms of entertainment, leisure and experience. Their main focus is on providing their customers with the experience of real Pro-Kart racing (Appendix 2) and in addition to that other entertainment and leisure services are also provided such as the Kiddies track, (Appendix 3) the sports bar (Appendix 4) and the swimming pool (Appendix 5) along with the Luxurious Lounge (Appendix 6). The nature of the service in terms of: Intangibility: True services are intangible. Therefore when you leave Speed Drome there is only one memory or the experience that remains, which is riding a pro-kart at the only available place in Sri Lanka. Some elements are tangible such as the karts used, the swim pool etc., but the core benefit of the purchase is not, and that is the sheer experience of riding a pro-kart and feeling its speed. Inseparability: The service provided by Speed Drome is inseparable as the physical presence of a customer is essential in this service. However, with the help of its physical resources the overall service takes place when only the consumer that is the person interested in riding a pro-kart meets the service provider. Perishability: Karting or any other service provided by the company must be consumed when offered. It cannot be produced now for consumption at a later stage / time nor can they be held or stocked because the value of this service exists at the point when it is required. Variability: This service is highly variable because Speed Drome is the only service provider for kart racing in Sri Lanka currently. It has its very own standardized quality which cannot be competed with another form of entertainment service, as it provides a unique and an incomparable experience. The above mentioned characteristics define the services they provide which attract youngsters and veteran drivers alike. 2. Price Pricing is one of the most important marketing mix decisions and it is the only marketing mix variable that generates revenues. Speed Drome (Pvt) Ltd. is a profit and cost oriented organization. Their main objectives are to: * Maximize their profits, * Achieve a target return on investment, * Recover investment costs over a particular time period And to, * Generate volume so as to drive down costs. Speed Drome doesn’t pursue the status quo or sales oriented objectives as it is the only organization specializes in this certain industry in Sri Lanka. Due to the same reason Speed Drome follows the price skimming strategy. Their prices for all the services are relatively high (even though they don’t have competitors in the same industry) compared to the other entertainment forms in the market. This is due to the service quality, image and to prevent competitors enter the market easily. The following are the current prices attached to the services being provided by Speed Drome: * Pro-Karting/ Go-Karting (10 minutes) – Rs. 750 * Happy Hours Karting (every Tuesday 3pm-8pm) – Rs. 500 * Swimming pool charges (unlimited) per person – Rs. 450 * Membership Benefits: * Membership free Rs.15000 * Rs. 750 tickets for Rs.500 * Kart trainer amount Rs.1500 for Rs.1000 * Members can use pool free, additional guest with members charged only Rs. 250 each * 10% discount for corporate package with fully use of pool and entertainment area. Additionally the race fees, special event fees and training programme fees are charged. 3. Place The place part of the marketing mix is where the customer receives the service or where the service is located. Speed Drome is Located in close proximity to the Parliament Complex and Bhuddhadasa Play Ground, in Battaramulla. It has situated itself around major cities such as Colombo, Rajagiriya, Nugegoda and Pitakotte which are all highly residential areas have all been thought out very carefully by Speed Drome management prior to construction. This is to boost their target market which is basically the upper class of community because although the cost for riding a Go-Kart (which is something very rare to do in Sri Lanka) seems reasonable as far as the cost for maintaining the Karts and equipment needed go, Unfortunately though for the majority of Sri Lankan’s the price to pay for such an experience is highly unreasonable. The area in which the Arena (or facility) has been built on is extremely large and compliments the Track very well and to add to this the lush scenery surrounding the Speed Drome gives this track a unique feel to it. Speed Dome’s location has one more major benefit which is that it’s just a drive away not only from the cities surrounding it but also from other major cities in the district like Colombo and Dehiwala etc. Over all the decision to build Speed Drome where it is an extremely well thought and strategic move which has shown and is yet to keep bringing in results. 4. Promotion Promotions have become a critical factor in the service marketing mix. Services are easy to be duplicated and hence it is generally the brand which sets a service apart from its counterpart. As mentioned under the topic ‘Place’ Speed Drome’s marketing mix carters to a selected segment, which is known as Niche marketing. Its service is all about providing entertainment for those who desire the ‘need for speed’. What better way to communicate about this sheer experience which can be gained at only one place in Sri Lanka other than promoting the service? The obvious competitive advantages Speed Drome possesses are: * Service Differentiation The only facility that provides karting experience in Sri Lanka. * Image Differentiation Karts which are only available at Speed Drome in Sri Lanka and the unique logo itself distinguish the service provided. How Speed Drome gets through to the customer The main objective of Speed Drome is to make the potential customers well aware about their new service. Hence the following methods are mainly used to promote their service- * Weekly offered special karting hours * ‘Happy Hours’ Every Tuesday from 3pm-8pm (Rs.750 tickets at Rs.500) (Appendix 7) * Karting competitions * Thank God its Race Day Competition (Appendix 8) * All Island Karting Championship (Appendix 9,10) * Exhibition kart races of celebrities (Appendix 11) * Publications * News Paper advertisements Ex: Daily Mirror, Sunday Times, Sunday Observer * Magazines Ex: Things to do in Colombo, Esteem, Hi etc. * Online Advertising * Social network groups Ex: The official Facebook Group with latest updates. Twitter etc.
Tuesday, October 22, 2019
Psychology Coursework
Psychology Coursework Psychology Coursework Psychology Coursework. What Do The Students Expect? Students, who want to unite their lives with psychology in the future must get a masters degree on this subject, therefore they should obtain psychology courses and write a psychology coursework: After the graduation they can work as doctors, teachers and have other occupation which is connected with peoples psychology. Their career depends on the doing their psychology courseworkproperly, so it is an important step in their education and it should be treated corresponding. There are different types of the assignments which can be done by the student for the obtaining the psychology degree. Format For Psychological Coursework A psychology courseworkcan be written in the form of essay, dissertation, term paper and other study assignments. As it must cover a plenty of literature material, so the demonstration by the students of their talent of disposing facts and analyzing material should be on the high level If the practical part is present, the student should observe the actions and the results of the experiments and then to put down these clinical observations in the form of the report to their psychology coursework And the students should remember that any theoretical statements should be supported by the hands-on experiment If the student is insuch a level of education that there is a turn for the dissertation, so it should be done perfectly and have much efforts for the better understanding of the problem. The student should be deeply absorbed in the issued problem and the practical part is a must-be requirement here. But it is not the only thing which is the element of the dissertation or extended psychology coursework. The students are expected to show view of other scholars and make a conclusion, which study is more appropriate for the demonstration of the solution to the problem or to the hide question within the topic of the assignment. There is another one type of the psychology coursework, which can be called as case study, when a student should do a research basing on the profile of the patient of a group of them. There must be a lot of arguments and the psychological ability of patients should be observed in the different situations. Their behavior, their justifying of the done actions should be considered also. Then a student can offer a suggestion how the mental problem or life conditions could be improved and the danger of the mental illnesses can be avoided. Areas Of Psychology There some areas of psychology, which can be observed by students, they are: Abnormal psychology Applied psychology Behavioral psychology Child psychology Clinical psychology Developmental psychology Educational psychology Experimental psychology general psychology Gestalt psychology Social psychology. So if you are not sure in the efforts, so you can entrust the writing to our writing service. We should notice that no customer had any complaint about our service. Our experts can perform any order concerning any topic or form of the assignment. Good luck to you and be happy with us! Related posts: Informative Essay Writing How to Write a Good College Essay? Essay about Bosnia College Essay Online College Essay Help
Monday, October 21, 2019
The Rise Essay Example
The Rise Essay Example The Rise Essay The Rise Essay The History of FESTIVAL CITY Festival City is a territory which holds a very significant place in Guyanas history. Festival City was built specifically to house the delegates of the first ever Caribbean Festival of Arts (CARIFESTA) in 1972. Visiting guests and artists were accommodated at Festival City. A total of 250 houses were constructed out of Guyanas world renowned Greenheart timber, in North Ruimveldt, Georgetown. The houses were furnished with Nibbee living room suites woven by Guyanas Amerindians. The entire decor is local, aking use of Guyanas woods and her flowers, etc. The Festival City Territory is comprised of 13 Streets which all have unique significance to the citys history. Its border spans 5 vertically parallel streets namely, Unity Place Road, Blue Mountain Road, Mittelholzer Street, Flying Fish Street and Spring View Avenue and 8 horizontally parallel streets namely, Nutmeg Street, Willemstad Street, E. R Borrowes Street, Hummingbird Street, Soufriere Street, Cul de Sac Street, Ozama Street and Layou Street. of the 13 streets were named after historic people and places in the Caribbean. Blue Mountain Road obtained its name from a historical landmark in Jamaica. Blue Mountain peak is the highest mountain in Jamaica and one of the highest peaks in the Caribbean, its name is indeed plausible and appropriate enough to be used as the name of a street in a city with such rich Caribbean culture. Mittelholzer Street obtained its name from a famous Guyanese novelist, Edgar A ustin Mittelholzer. He was considered as the first professional novelist to come out of the English-speaking Caribbean. His novels include characters and situations from a ariety of places within the Caribbean, and range in time from the early period of European settlement to the twentieth century. They feature a cross-section of ethnic groups and social classes, dealing with subjects of historical, political, psychological, and moral interest. Mittelholzer is certainly the most prolific novelist to be produced by the Caribbean; hence it was indeed an appropriate gesture to have one of the streets in Festival City named after such a historic icon. Flying Fish Street, as funny as its name may seem, was named after a fish which still originates from Barbados. Barbados is well known in the Caribbean as the Land of The Flying Fish and it is no surprise that today The Flying Fish is its official national fish. It is also no surprise that its name is used as a street name in one of Guyanas most bragged about cities. Nutmeg Street, which also has a funny name, inherited its name from a popular spice found in Grenada, a Caribbean country referred to as The Spice Islands. The nutmeg tree has a rich legacy and is closely related to Christmas. It puts Grenada on the map because Grenada is one of the only places in the world that the nutmeg rees are found. Its rarity made it appropriate to have a street named after it. E. R. Borrowes Street obtained its name from a renowned artist and art teacher who founded the Working Peoples Art Class (WPAC), the first established art institution in Guyana. Borrowes was born in Barbados in 1903, of African origin. He arrived in Guyana as a young child. His father worked for the privately owned Daily Chronicle. After his fathers death, the family had little money to live on. When Borrowes left primary school he became a tailors apprentice. He continued to study from books, and passed examinations in English Language and Literature, English History, and Scripture. The E R Borrowes School of Art, an undergraduate institution accredited by the University of Guyana, is named after him. It was indeed plausible to name a street after someone who has made such a huge contribution to art in Guyana and furthermore a large impact on Guyanas history. Soufriere Street, Soufriere is a word with many historical landmarks attached to it. Soufriere is a town on the West Coast of Saint Lucia. The town and the surrounding district has a population of 7,935. Originally founded by the French it was the original capital of the island. La Soufri? ©re (The Sulfurer) or Soufriere Saint Vincent is an active volcano on the island of Saint Vincent in the Windward Islands of the Caribbean. Many volcanoes in the Caribbean are named Soufriere (French: sulphur outlet). These include Soufriere Hills on Montserrat and La Grande Soufriere on Guadeloupe. It is no surprise that a street in Festival City is named Soufriere, its name is legendary, has great weights attached it nd is indeed appropriate enough to be used as a street name. Ozama Street obtained its name from the famous Ozama River (Spanish: Rio Ozama) found in the Dominican Republic. We can trace its source to the Loma Siete Cabezas in the Sierra de Yamas? ¤ close to Villa Altagracia. The river flows 148 kilometers before emptying into the Caribbean Sea. At the end of the Journey it bisects the capital, Santo Domingo, into eastern and western halves. The three main tributaries of the Ozama are the Isabela River, the Sabita River and the Yabacao River. Christopher Columbus s said to have moored his ship in the river when he first arrived in Santo Domingo. With such a fascinating history it is doesnt come by surprise that this rivers name was used to name a street in Festival City. Layou Street, Layou is a small town located on the island of Saint Vincent, in Saint Andrew Parish. Layou is located on the western coast of Saint Vincent and the Grenadines and was one of the first areas of settlement by the French, who were the first Europeans to settle in St. Vincent and The Grenadines in the early part of the eighteenth century. Even before then the Caribs used it as one of their settlements, as it is evident from the petroglyphs which are found in the area. Saint Vincent surely has the right to boast when it comes to its countrys culture and Guyana indeed made a very wise decision when it chose to name one of its streets in Festival City after this small town found in Saint Vincent. This name is indeed suitable and fits in perfectly with all the other streets which have names attached to significant people and places in the Caribbean. Festival City had its own Bank and Post Office, Resident Doctor and nurses on duty, Police Station, Fire Service, Laundry, restaurants, shops and a transportation pool but after many years many of these facilities have become non-functional, however the Library, Clinic and Community Centre still play very important roles in the lives of residents. Festival City has always been and forever will be the home of CARIFESTA, it is one of Guyanas most prized communities and is that one other aspect of Guyanese culture that puts Guyana on the world map, it sets Guyana aside from the many other countries which have hosted CARIFESTA and will in the near or distant future host CARIFESTA.
Sunday, October 20, 2019
the law essays
the law essays Recently I read an article about the Heavens Gate Cult, and I wondered why on earth would someone get involved in a cult whose purpose seemed so ridiculous. I decided to do some research to find out a little more about cults. I found out that cults are really not all that uncommon, and that almost anyone can fall victim to a cult. Most people do not set out to join a cult. They get involved with a group of interesting people. These groups usually promise to fulfill a persons individual needs or to compensate for societies failures. The leaders of these cults usually promise to have all the answers to whatever problems these people have. These groups become cults when they are seen as misleading, dangerous, or they oppose the basic values of society. Usually people get involved with cults when they are at a vulnerable period in their lives. People who are at a transitional period in their lives, like people who recently lost a job, or someone who just moved to a new area may be at ris k. Another reason why people get involved with these groups could be that they are unsatisfied with their religion, their education, or their social lives. The cult seems to fill the void of whatever is missing in a persons life. People find instant friendships and a plan for every day life. Most people recruited into cults; are recruited by people who they feel they can trust. Family, friends, neighbors, co-workers or teachers do the recruiting. Recruitment often takes place in familiar places like school, home, work, churches, workshops, or as in the case of Heavens Gate over the Internet. People dont feel like they are getting involved in a cult instead they feel like they are joining the crowd. Cult leaders offer simple answers to the complex problems of everyday living. They claim to know a simple path to happiness, and success. People who follow these simple rules and simple lifestyles will be on this path. Cult leaders g...
Saturday, October 19, 2019
Portfolio Analysis and Investment Management Essay
Portfolio Analysis and Investment Management - Essay Example First we must as an individual investor consider the timeframe of the investment, the level of acceptable risk that an individual is willing to undertake and how this will translate to building their ideal investment portfolio. One must become familiar with the intricacies of each financial instrument in order to determine the best way to implement this type of investment in a well diversified portfolio and their individual risk profile. Afterwards we can estimate what the overall effect of this financial instrument will be in the overall risk level of the whole portfolio and how it can suit a particular kind of potential investor. Financial instruments are divided in different classes depending on their financial characteristics, risk levels, and maturity. For financial investments an individual can choose to invest directly in a variety of financial instruments or indirectly through the use of investment companies such as a mutual fund. Direct Investment alternatives available to b uild a well diversified investment portfolio are: Non Marketable Securities- Non marketable securities consist of Savings Deposits, Certificates of Deposit, Money Market Deposit accounts and U.S. Savings Bonds. Saving Accounts and Certificates of Deposit are two of the most popular and widely used financial instruments. They are issued by commercial banks, thrift and credit unions (Madura, 1992). These types of deposits pay a fixed interest rate and in the case of Certificates of Deposit they pay higher interest rates with longer maturity periods and are only redeemable after maturity is due. Although they don’t earn high returns, they are very popular due to their low risk and being virtually risk free up to $100,000 since they are insured by the FDIC. Money Market Deposit accounts are issued by financial institutions and are also insured by the FDIC up to $100,000.These type of accounts pay the typical Money Market interest rate with a minimum deposit to open required. Mone y Market Securities These types of financial instruments include short-term, highly liquid and relatively low-risk investments that are sold by governments, financial institutions and by corporations with idle funds looking to invest. These types of transactions are typically of $100,000 and are bought by money market mutual funds, but are sometimes traded in the open market. Their maturity period ranges from one day to typically no more than 90 days. Most of the securities in the money market are used by financial institutions and banks and large commercial customers. The Treasury bill is considered one of the safest investments by the international investor community. It is one of the most important financial securities and considered the benchmark. It has been traditionally considered a risk-free financial asset since there is no practical risk of the U.S. government defaulting on its debt. Risk averse European investors often seek the security associated with investing in Treasu ry
Friday, October 18, 2019
Hazardous waste management Essay Example | Topics and Well Written Essays - 250 words - 1
Hazardous waste management - Essay Example This is in consideration that the firm will accumulate as much waste products as possible to be transported at reasonable intervals (Woodard 2001). We should also consider the cost of establishing new sites, expanding the existing site will be cheaper than starting new. This is because the firm will enjoy the economies of scale. Secondly, since the products are termed as hazardous and it will be unwise for each site to have its dumping site since this will lead to its distribution all over. I would propose that all waste products to be put together and then disposed into main landfill thus reducing the risk of people to get into contact (Woodard 2001). Bearing in mind that each site will have to pay taxes for waste products and more so the cost and damage to environment the best thing is to consolidate all waste products from that site Management is another factor to consider. Since we are running the same firm, for it to run in harmony we need to have one manager who will be held accountable for all waste product. Having all the waste consolidated from one site is more manageable than different
Seven brides for seven brothers Assignment Example | Topics and Well Written Essays - 250 words
Seven brides for seven brothers - Assignment Example The setting of the story in Oregon in 1850, a time of expansion to the west in those territories in conjunction with the notion of Manifest Destiny, gives us a background with which to understand the situation facing the brothers in the place, as basically rough men who had no access to women, and who were basically frontier people staking out the land for their own. The brothers were basically outsiders who were isolated and were venturing out into new territory. The place also was characterized by the relative absence of the rule of law, so that the abduction of the women to be the brides of the six brothers makes sense. The time and place setting of the story contextualizes the way the brothers were socially formed, why they were in Oregon at the time, and gives a context with which to understand their actions relative to the women (US History, 2015; Oregon Secretary of State, 2014; SparkNotes LLC, 2014). The men here are characterized as brutes unfit for female company, though Adam was an exception and was lucky to have gained the heart of Milly so easily, on just a single meeting. The six brothers were portrayed as probably representing the large mass of men who could not find wives, and were relegated to their lonely existences out in the frontier. That said, the women were characterized not as helpless creatures in need of men, but rather as being domesticators and bearers of culture and refinement. Though the men abducted their wives, and Adam put Milly on his list of items to shop so to speak, the women had their own mind and had some control over the actions of the men (IMDb, 2015). There is an element of the immediate in the live musical that is not present in the filmed musical, as can be gleaned from the Ellen Eccles staging of the movie. The live musical captures the film’s spirit to the extent that the former faithfully reproduces the excitement and the special
Legal Analysis Memorandum Assignment Example | Topics and Well Written Essays - 750 words
Legal Analysis Memorandum - Assignment Example As well they observed the defendant handing a bag of white powder to someone standing beside the couch. After identifying themselves, and being granted entrance into the house, the police officers explained to all present what they had observed. At that point they saw sandwiched between cushions on the couch, what appeared to be a firearm. Upon inspection they discovered a total of four firearms, none of which were registered as required by DC law. Thereafter the police then conducted a pat-down search of Mr. Blake and everyone else in the room. The officers found that Mr. Blake had on his person a large amount of suspected marijuana, suspected cocaine, and money ($400). Another occupant of the room had a baggie of suspected cocaine (white powder). Mr. Blake was then charged with possession of a controlled substance, distribution of a controlled substance, and possession of an unregistered firearm. ... II. Rule: The â€Å"reasonable expectation of privacy†is determined by the findings in Minnesota v. Carter. As well determined by the Minnesota Court is the issue of whether Blake enjoyed the right to a Commercial Business based expectation of privacy since he and the owner of the house in question conducted business out of the basement of this house. The â€Å"lawfulness of the search†in this matter is settled by the case law in Rawlings v. Kentucky, where the Court specifically held that the search that was incident to the observation of drug parts and subsequent obtaining of a warrant was lawful although the evidence was found inside a purse which the defendant had put the drugs in just before the police arrived. Due to the temporality of the placement and proximity of the evidence to the Defendant, the defendant was not allowed to prevail on his argument of an unlawful search. The issue of whether the evidence was in â€Å"plain view†to the officers is add ressed by the Court in Horton v. California, which found this term to be defined broadly enough to cover the Blake scenario. The issue of a lawful search in a more intrusive scenario was determined to be unlawful because of the close proximity and no probable cause basis in the case of Florida v. Jardines. Finally, the issue of unlawful entry and subsequent violations thereto was addressed in Mapp v. Ohio, wherein the Court imposed the standard granted in the Fourth Amendment’s right to privacy on the States and their agents, in not allowing evidence that was seized without a warrant and against the will of the occupant of the house where there was no probable cause and a
Thursday, October 17, 2019
Recommendations for Market Entry in India (Gap Inc.) Essay
Recommendations for Market Entry in India (Gap Inc.) - Essay Example It is recommended that Gap Inc. take immediate advantage of this market opportunity in order to secure Indian consumer loyalty to Gap brands prior to competitor market entry; which will likely escalate with the removal of Indian import quotas. Gap Inc.'s strengthened balance sheet and debt reduction activities leading to U.S. $3 billion in cash and investments (Gap Annual Report) suggests that the company can adequately support the demands of higher logistics costs and employee compensation demands within this region. When retail companies consider additional retail expansion they are faced with a variety of options for market entry: that is, acquisitions, franchising or joint ventures. Due to the obvious drawbacks in securing local talent to effectively operate franchise facilities in the short-term, it is the recommendation that Gap Inc. consider foreign direct investment as an appropriate option for initial market entry. Direct corporate investment will accomplish two distinct objectives: First, to familiarise the firm.
Analysis of Cyberspace Assignment Example | Topics and Well Written Essays - 1000 words
Analysis of Cyberspace - Assignment Example Energy also is never a stranger, whenever a word globalization is mentioned. Iran has always been slapped with sanctions in an attempt by US and United Nations to tame it on its’ energy progression. Iran is one of the world’s largest producers of oil with high natural gas reserves. As victor Onuoah buts that Iran is active with new geopolitics. Sovereignty is also of great value to any nation in the modern world with the high value being attached to it with both leaders of nations and the people. As per Steven York, Iran geopolitics and their sovereignty are about world power. Countries in the world also fight for their economic interest which is largely seen in China's fight for Taiwan with Russian having the same interest. The size of India has seen a rise in interest among different nations to seek to improve relations with India. India has a great potential of being one of the worlds greatest nations that drives the world economy. China is leading in that role of th e struggle for India. Cyberspace is a very powerful tool in influencing geopolitics. Cyberspace challenges our traditional form of communication; it marks a postmodern era, it has further gone to introduce a new form of social order which hugely disregard the geography of the places. Mycal Brown in VS-2 puts that â€Å"cyberspace is both marvelous and disastrous â€Å". ...Cyberspace also has its’ disadvantages in regard to the recent rise in cyber terrorism. A cyber terrorist can harm a country or an institution within a country with a keystroke in the comfort of his room. This single keystroke often virtually cripples the same countries or institutions. Cyberspace has also brought uniqueness to the power dynamics associated with place and space. I do also concur with Samantha postulations in VS-2 that â€Å"radio has the power to be one of the most influential interventions of all time as it completely changed the way people communicated cross-nationally in an interconne cted world†2. US military greatly benefits from the radio during Afghanistan invasion because it is through the radio that they get the information thus helping them respond or rather strike on time the perceived potential threat. In vs-2 john medina states †¦Ã¢â‚¬ Steve Spiegel insist the current world is made up of three types of nations.†2. With that he distinguished those with the greater advance in technology like the US the nationalistic which are struggling with territorial expansion and the transitional states like Russia and China which have greatly advance but still marred with political, social, cultural and economic problems. Israeli-Arab fights also show how national interest always took the lead in the nation's list of importance. In the Arab world, the great example being Afghanistan, the poor can actually have fuel but the state of oppression is far-reaching. Women are the common victims of oppressions often being forced into marriages and victims o f other abuses. America also suffers from its stand on Arab-Israeli conflict simply because this is largely viewed as a religious fight; in that case, therefore, America suffers from Arab region mistrust.
Wednesday, October 16, 2019
Legal Analysis Memorandum Assignment Example | Topics and Well Written Essays - 750 words
Legal Analysis Memorandum - Assignment Example As well they observed the defendant handing a bag of white powder to someone standing beside the couch. After identifying themselves, and being granted entrance into the house, the police officers explained to all present what they had observed. At that point they saw sandwiched between cushions on the couch, what appeared to be a firearm. Upon inspection they discovered a total of four firearms, none of which were registered as required by DC law. Thereafter the police then conducted a pat-down search of Mr. Blake and everyone else in the room. The officers found that Mr. Blake had on his person a large amount of suspected marijuana, suspected cocaine, and money ($400). Another occupant of the room had a baggie of suspected cocaine (white powder). Mr. Blake was then charged with possession of a controlled substance, distribution of a controlled substance, and possession of an unregistered firearm. ... II. Rule: The â€Å"reasonable expectation of privacy†is determined by the findings in Minnesota v. Carter. As well determined by the Minnesota Court is the issue of whether Blake enjoyed the right to a Commercial Business based expectation of privacy since he and the owner of the house in question conducted business out of the basement of this house. The â€Å"lawfulness of the search†in this matter is settled by the case law in Rawlings v. Kentucky, where the Court specifically held that the search that was incident to the observation of drug parts and subsequent obtaining of a warrant was lawful although the evidence was found inside a purse which the defendant had put the drugs in just before the police arrived. Due to the temporality of the placement and proximity of the evidence to the Defendant, the defendant was not allowed to prevail on his argument of an unlawful search. The issue of whether the evidence was in â€Å"plain view†to the officers is add ressed by the Court in Horton v. California, which found this term to be defined broadly enough to cover the Blake scenario. The issue of a lawful search in a more intrusive scenario was determined to be unlawful because of the close proximity and no probable cause basis in the case of Florida v. Jardines. Finally, the issue of unlawful entry and subsequent violations thereto was addressed in Mapp v. Ohio, wherein the Court imposed the standard granted in the Fourth Amendment’s right to privacy on the States and their agents, in not allowing evidence that was seized without a warrant and against the will of the occupant of the house where there was no probable cause and a
Tuesday, October 15, 2019
Analysis of Cyberspace Assignment Example | Topics and Well Written Essays - 1000 words
Analysis of Cyberspace - Assignment Example Energy also is never a stranger, whenever a word globalization is mentioned. Iran has always been slapped with sanctions in an attempt by US and United Nations to tame it on its’ energy progression. Iran is one of the world’s largest producers of oil with high natural gas reserves. As victor Onuoah buts that Iran is active with new geopolitics. Sovereignty is also of great value to any nation in the modern world with the high value being attached to it with both leaders of nations and the people. As per Steven York, Iran geopolitics and their sovereignty are about world power. Countries in the world also fight for their economic interest which is largely seen in China's fight for Taiwan with Russian having the same interest. The size of India has seen a rise in interest among different nations to seek to improve relations with India. India has a great potential of being one of the worlds greatest nations that drives the world economy. China is leading in that role of th e struggle for India. Cyberspace is a very powerful tool in influencing geopolitics. Cyberspace challenges our traditional form of communication; it marks a postmodern era, it has further gone to introduce a new form of social order which hugely disregard the geography of the places. Mycal Brown in VS-2 puts that â€Å"cyberspace is both marvelous and disastrous â€Å". ...Cyberspace also has its’ disadvantages in regard to the recent rise in cyber terrorism. A cyber terrorist can harm a country or an institution within a country with a keystroke in the comfort of his room. This single keystroke often virtually cripples the same countries or institutions. Cyberspace has also brought uniqueness to the power dynamics associated with place and space. I do also concur with Samantha postulations in VS-2 that â€Å"radio has the power to be one of the most influential interventions of all time as it completely changed the way people communicated cross-nationally in an interconne cted world†2. US military greatly benefits from the radio during Afghanistan invasion because it is through the radio that they get the information thus helping them respond or rather strike on time the perceived potential threat. In vs-2 john medina states †¦Ã¢â‚¬ Steve Spiegel insist the current world is made up of three types of nations.†2. With that he distinguished those with the greater advance in technology like the US the nationalistic which are struggling with territorial expansion and the transitional states like Russia and China which have greatly advance but still marred with political, social, cultural and economic problems. Israeli-Arab fights also show how national interest always took the lead in the nation's list of importance. In the Arab world, the great example being Afghanistan, the poor can actually have fuel but the state of oppression is far-reaching. Women are the common victims of oppressions often being forced into marriages and victims o f other abuses. America also suffers from its stand on Arab-Israeli conflict simply because this is largely viewed as a religious fight; in that case, therefore, America suffers from Arab region mistrust.
Organizational Performance Management Essay Example for Free
Organizational Performance Management Essay Healthcare organizations have differences and similarities across the board. Some healthcare institutions are faith based and will not allow for some procedures. Others provide small procedures and vaccinations. Some healthcare facilities are for profit and others are non-profit. While other health care providers only take certain types of insurances, either government funded or privately funded insurances. The Mayo Clinic is large not for profit operating healthcare provider and healthcare research entity. They provide a vast array of services in the United States from diabetes to cancer treatment and research. The Mayo Clinic has a worldwide reputation and standard that continues to receive accolade and awards. The Mayo clinic has received the Joint Commission’s Gold Seal of Approval. This award is given to organizations that demonstrate the highest dedication to improving and providing patients with best quality of care. The Mayo Clinic takes pride in being able to provide the highest level of care and to also maintain it. The Mayo Clinic has established a department to manage any infraction that may hinder its goal of achieving this standard it has set forth (Mayo Clinic For Patients, 2013). The Mayo clinic has to maintain a standard that is consistent with the reputation that they have established for themselves through risk and quality management. The Mayo Clinic has a compliance and integrity program established to reinforce safety. This program is put into place to monitor the overall business practices and to ensure they are being conducted with integrity. The program puts a ll policies and procedures under one chain of command so that they can be monitored and used as a means of communication for employees. The compliance office oversees the directing and receiving of reports, questions, and concerns about the care provided. The Compliance Office works with all department heads and stakeholders to ensure regulations and requirements are met (Integrity and Compliance Program, 2011). They also establish furthering education so that employees are up to date on current rules and regulations. The compliance office is open to receive any and all violations reports. The violations are investigated thoroughly. This program ensures that the company is able to provide statements in relation to its business practices, current and forthcoming law changes, and to protect itself and staff from any civil or legal issues. The integrity and compliance program applies to all individuals who work in any capacity at the mayo clinic from main stakeholder to students and volunteers. Workers are expected to report any violations that are suspected or otherwise known (Integrity and Compliance Program, 2011). The compliance program offers an open door policy and protects its employees from retaliation. The purpose for this office is to identify violations that are against company policy and the company and its employees to be civilly liable, and criminally liable. Each Mayo facility has a compliance officer on staff to ensure its compliance an d integrity program is being fulfilled. Compliance officers are responsible for investigating suspected violations. Each employee is required to take a compliance-training course to ensure that they know what is expected of them when they witness, suspect, or commit a violation. The compliance program further educates new employees on the standard in which Mayo conducts business. The current state of providing healthcare is ever changing and the Mayo Clinic has to stay one step ahead and ensure that their employees are properly educated in all aspects of healthcare laws (Integrity and Compliance Program, 2011). Abrazo recognized as 2011 as Best in Arizona by U.S. News and World Report, One of the Best in Phoenix, ranked #12 for the Arrowhead Hospital are a few of its great recognition as an great health care organization. The Joint Commission name Maryvale Hospital for heart attack, heart failure, pneumonia and surgical care as â€Å"top Performer†. The American Heart Association and American Stroke Association awarded The Sliver Plus Achievement Award for 2012 and 2011 to Phoenix Baptist Hospital and the Arizona Quality Alliance awarded Arrowhead Hospital in 2012 for Excellence. Abrazo Health Hospital has done and continues to contribute the best qua lity care in the valley for its community. Maintaining a fact sheet that include Medical Group, Health Institute, School-Based Health Centers, an Emergency Center in North Peoria, and providing health plans for those who need help in these areas. Abrazo has also contributed to many charitable organizations in the Valley. Like the American Heart Association, Susan G. Komen, YMCA, Leadership Council, and many high schools. They continue to provide information to the community and continue huge amount of support to the American Heart Association, Community Education and Outreach, Fire Service Leadership Conference, Keogh Foundation, School-Based Health Centers, Susan G. Komen, Race for Cure, The Legacy Backpack Buddies, and the Valley of the Sun United Way. Abrazo Health is part of the Nashville-based Vanguard Health System who embraces non-profit health care systems and serves as a bridge for these non-profit organizations to connect, serve as a business partner to for-profit corporation. The Vanguard Health System and Abrazo Health continue to provide top quality care in affiliation with board certified physicians, nursing professionals and well-trained staff, all who were recognized by national organization that share the same values in patient care. Showing Distinguished Awards from American Heart Association, Arizona Quality Alliance, The Joint commission, and named â€Å"Best in Phoenix†by U.S. New and World Report, Abrazo leads in the healthcare industry with a fantastic reputation. Another organization’s risk and quality management that finds themselves in a unique situation between providing the best resources possible to the community and regulation is the Southwest Autism Research Resource Center. The Southwest Autism Research Resource Center, also known as SARRC, is a non-profit, community-based organization that conducts research and distributes information, as well as supports individuals with autism and their families. In 2009, SARRC conducted 250 training and orientations, as well as offered information and services to students and staff in 90 Arizona schools. All of the services they offer are of highest quality and evidence based (Sarrc, n.d.). Autism touches on a broad spectrum of conditions and behaviors. In order to provide support for this spectrum, SARRC performs and receives research from many doctors as well as developmental psychologists. Performance is monitored by how the varying levels of success the therapies have on developmental delays such as feeding, speech, and social skills. Autism touches on a broad spectrum of conditions and behaviors. In order to provide support for this spectrum, SARRC performs and receives research from many doctors as well as de velopmental psychologists. Performance ismonitored by how the varying levels of success those therapies have on developmental delays such as feeding, speech, and social skills. For SARRC, the main regulatory body that effects accreditation on research and treatment is the Arizona Board of Psychologist Examiners. By following the guidelines set by the Arizona Board of Psychologist examiners, SARRC will be in compliance and be able to perform at expectations above the high standards set by the board. They also have to make sure that they are following regulations set forth by the U.S. Food and Drug Administration. Some of these regulations include the use of electronic records, protection of human subjects, informed consent, and specific safeguards for children. By continuing partnerships with doctors and researchers and following the guidelines set by the regulatory board, SARRC can focus on becoming the center of choice for those seeking assistance Autism spectrum disorders. This will help improve overall organizational performance. The most important part of an organization is to make sure everyone at all levels is working toward a unified goal. Some levels of the organization may have other compartmentalized goals, but overall the message should be clear. Leadership should set the expectations of all incoming employees, but all employees should have a way of giving feedback to leadership on how they feel the organization is progressing to its goal. Staff needs to know that without compliance and accreditation guidelines the organization cannot survive, much less thrive on the assistance it provides to the community. The goal is to have a majority of the staff believe in the direction of the organization and for the organization to listen to its employees. Compliance and regulation set the tone for risk and quality management systems in an organization. Certain aspects may help or hinder performance depending on the particular regulations set by the state. With the guidelines in place, quality management can gauge whether exceeding these standards would help the organization. Besides the level of service provided in quality management, risk management dictate that these actions are responsible from a fiduciary standpoint. Nonprofit organizations aren’t in it to make the big bucks per se, but they still are a business that needs to run and pay employees, facilities, and other services provided. Abrazo Health offers a broad range of medical services, internal medicine, general surgery, cardiology, orthopedics, mother and infant care, diagnostic imaging, and emergency service. Mayo clinic offers cardiology, diabetes, and neurology surgery. SARCC focuses primarily on autism research. Abrazo departments are strictly viewed by the board members to ensure safe and quality care is being provided. Abrazo has over 5,000 employees, 600 volunteers and 2,000 affiliated physicians, and are located all over the Phoenix Valley. The Mayo Clinic is somewhat nationwide with its main facilities in Minnesota, Florida, and Arizona. The Mayo Clinic staffs and employs around 61,000 employees. The mayo clinic also has a research department and an accredited medical school established to train medical professionals and student medical doctors (Mayo Clinic facts – 2012, 2013). Abrazo Health Hospital has five acute who are all accredited by The Joint Commission (TJC) who have accredited hospit al for more than 50 years. Arrowhead Hospital, Maryvale Hospital, Phoenix Baptist Hospital and West Valley Hospital are recognized as a certified Primary Stroke Center and are a part of the Abrazo Health Hospital. All three of these organizations are not for profit. Each facility has its own purpose and mission statement. Not all healthcare facilities are the same as they provide care in their own way established from their own standards and levels of care. Each has a common goal in providing the highest level of care in any treatment they provide. Each has the tough task of always having to update their quality and risk management goals to meet the demands of the public and reimbursement agencies along with maintaining their accreditations. Quality and risk management have to be proactive and stopping incidents before they start. Incidents cost organizations financially and in the long run take away from the level of care that they are trying to provide. References Abrazo Health. (2013). Retrieved from http://www.abrazohealth.com/home.aspx Integrity and Compliance Program. (2011). Retrieved from http://www.mayoclinic.org/mcitems/mc2500-mc2599/mc2570.pdf Mayo Clinic Facts  2012. (2001-2013). Retrieved from http://www.mayoclinic.org/about/facts.html Mayo Clinic For Patients. (2013). Retrieved from http://health.usnews.com/besthospitals/area/mn/mayo-clinic-661MAYO/for-patients SARRC. (n.d.). Retrieved from http://autismcenter.org/about_sarrc.aspx - University of Phoenix Material Organizational Performance Management Table After you have completed your individual research on your chosen type of health care organization, collaborate with your Learning Team to complete this table. Then, refer to this table as you collaborate to write your paper. Include this table as an appendix to your paper. Fill in the necessary information in each cell, but be as succinct as possible. 1. Provide names of or links to specific organizations. Summarize key products or services provided by each type of organization and identify the primary customers they serve. Organization One| Organization Two| Organization Three| MAYO Clinichttp://www.mayoclinic.com/The Mayo Clinic is a non-for-profit worldwide organization that is dedicated to medical care and research. They employee Doctors from all practices and utilize their expertise to work together for the better of the patients. The Mayo Clinic also has school for furthering education for medical professionals. They treat over a million people a year. Their mission is to provide care and let people care for themselves. They provide up to date information and methods for their patients and website | Abrazo HealthCarehttp://www.abrazohealth.com/home.aspx Abrazo Health offers a broad range of medial services, internal medicine, general surgery, cardiology, orthopedics, mother and infant care, diagnostic imaging, and emergency service. Providing new standard care and over 5,000 employees, 600 volunteers and 2,000 affiliated physicians. They are located all over the Phoenix Valley. | Southwest Autism Research Resource Center (SARRC)http://autismcenter.org/default.aspxSARRC is a non-profit, community-based organizations that conducts research and distributes information, as well as support for individuals with autism and their families. In 2009, SARRC conducted 250 trainings and presentations, as well as offered information and services to students and staff in 90 Arizona schools. All of the services they offer are of highest-quality and evidence-based. | 2. Outline the overall content of the major regulations, accreditation requirements, and other standards that affect each organization. Provide the title, section, parts, or subparts or the numbering system and so on of the specific regulations or accreditation requirements. For example: Use of electronic signatures in electronic medical records is equivalent to handwritten signatures on paper; FDA regulation; Title 21 CFR Part 11, Subpart C,  § 11.200 Electronic Signature: http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?cfrpart=11 Organization One| Organization Two| Organization Three| Mayo Clinic and its website are accredited through the Joint Commission. The Joint Commission overseas hospitals that receive Medicaid reimbursements. The Joint Commission has also accredited the Mayo Clinic in its Advanced Stroke Center. Commission on Accreditation of Rehabilitation Facilities (CARF) has accredited Mayo Clinic for their inpatient rehabilitation programs.CEO Cancer Gold Standard Accreditation.Breast Clinic has received the National Accreditation Program for Breast Centers (NAPBC), a program administered by the American College of Surgeons.-Educational Accreditations Mayo Clinic’s College of Medicine, is accredited by the Accreditation Council for Continuing Medical Education (ACCME) which provides continuing medical education for physicians. Mayo Clinic College of Medicine designates these educational activities for category 1 credits toward the American Medical Association (AMA) Physicians Recognition Award.College of Medicine, Mayo Clinic, has achieved Accreditation with Commendation – which is the highest level of recognition offered by ACCME.| Abrazo Health Hospital and the five acute are all accredited by The Joint Commission (TJC). The Joint Commision have been accredited hospital for more than 50 years. Arrowhead Hospital, Maryvale Hospital, Phoenix Baptist Hospital and West Valley Hospital are recognized as a cerified Pimary Stroke Center and are apart of the Abrazo Health Hospital. Also recognized as 2011 Best in Arizona. U.S. News and World Report, One of the Best in Phoenix, ranked #12- Arrowhead Hospital.TJC top Performer- Marvale Hospital for heart attack, heart failure, pneumonia and surgical care. American Heart Association and American Stroke Association- The Sliver Plus Achievement Award for 2012 and 2011 to Phoenix Baptist Hospital.Arizon a Quality Alliance- Award for Excellence to Arrowhead Hospital in 2012. Abrazo Health Hospital have done and continue to contribute the best quality care in the valley for years. | Use of electronic records and electronic cignatures Title 21 CFR Part 11 http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=11 Protection of Human Subjects Title 21 CFR Part 50 http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=50 Informed ConsentTitle 21 CFR Part 50.25 http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=50.25 Safeguards for ChildrenTitle 21 CFR Part 50.55 http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=50.55 | 3. Highlight the effect of each organization’s regulations, accreditation requirements, and other standards on the risk- and quality-management functions and activities. Organization One| Organization Two| Organization Three| Mayo Clinic has a standard of practice, therefore they need the highest of accreditations. They have to maintain their level year round to not only their patients but also their employees. Risk management has to assess any and all possible issues that could cost the company money and loss of productivity due to fines, and employment turn over. Quality management has to ensure that all employees are up to date on education and changes in regulations and procedures. The accreditations aloow the Mayo Clinic to conduct certain researches and also certain procedures such as brain and cardio surgical procedures. Without the accreditation they would not be able to perform said procedure and therefore lose money. | Abrazo Health has 5 acute hospitals in the state of Arizona. Arrowhead, Maryvale, Paradise Valley, Phoenix, and in West Phoenix. Each providing a broad range of medial needs and working with the Arizona Heart Hospital and leading a great reputation in the cardiovascular department. Abrazo has been rewards on numerous occasions which has lead the organization to continue to provide great quality care all over the metropolitan area of Phoenix Arizona. Abrazo Health maintain a fact sheet which include Medical Group, Health Instutute, School-Based Health Centers, an Emerg ency Center in North Peoria, and providing health plans. Abrazo has also contributed to many charitable organizations in the Valley. Like the American Heart Association, Susan G. Komwn, YMCA, Leadershio Council, and many high schools., they continue to provide information to the community and continue huge amount of support to the American Heart Assoication, Community Education and Outreach, Fire Service Leadership Conference, Keogh Foundation, School-Based Health Centers, Susan G. Komen, Race for Cure, The Legacy Backpack Buddies, and the Valley of the Sun United Way.| Since SARRC is a non profit research organization located in Arizona, not only do they have to comply with non-profit laws but also the regulation of the Arizona Board of Psychologist Examiners. This board of examiners regulates how employees of SARRC are licensed to perform work with children and the education they need to keep licenses up to date. From a risk standpoint the board ensures that SARRC employees are li censed to give psychological treatment to children and to use safe methods. This also helps SARRC maintain high quality as the research techniques used exceed the Board of examiners qualifications as per SARRC programs (http://autismcenter.org/programs.aspx)| 4. Specify components of performance-management systemsâ€â€policies and procedures, self-audits, benchmarking, complaint management, corrective or preventive action, education and training, communication, and other mechanismsâ€â€to be used by each organization. Organization One| Organization Two| Organization Three| Mayo Clinic has a compliance department and employs compliance officers that ensure policies and procedures are being followed accordingly. Compliance officers investigate all forms of complaints and work with department directors and managers to manage investigations and look for ways to stop these issues before they start. Education is developed through past incident along with present and future policy and law changes.| Abrazo part of the Nashville-based Vanguard Health System who Abrzo providing top quality care in affiliated with board certified physicians, nursing professionals and well-trained staff who have been recognized by national organization who share the same value in patient care. Showing Distinguished Awards from American Heart Association, Arizona Quality Alliance, The Joint commission, and named â€Å"Best in Phoenix†by U.S. New and World Report, Abrzon leads in the healthcare industry with a fantastic reputation. | SARRC research led by Christopher Smith, Ph. D an experimental psychologist, uses collaboration between different methods and scientists to find the possible causes of autism. Since autism is such a broad spectrum and there is no pinpointed contributing factor, most of the research and progress in the field is experimental. Most patients go in with the understanding that Autism may not be something that is curable. Performance is measured by the proven research methods which are demonstrated to work the most effectively for the child which varies per child for the broad spectrum disorder.| 5. Provide links to any relevant sources that will be useful as your Learning Team completes the paper. Organization One| Organization Two| Organization Three| http://www.mayoclinic.org/mcitems/mc2500-mc2599/mc2570.pdfhttp://health.usnews.com/best-hospitals/area/mn/mayo-clinic-661MAYO/for-patientshttp://www.mayoclinic.org/about/facts.html| | |
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