Management and Leadership of Organizations Essay

Management and Leadership of Organizations Unit 1 Individual Project American InterContinental University Details: The internet has created new ways to do business for organizations with much less capital planning as opposed to the high capital needs of traditional brick and mortar organizations. Based on this, how should management and leadership be addressed for each type of business? Research successful traditional and online retailers and address the following issues: Discuss the organizational structure of one traditional and one online retailer. Identify two management or leadership challenges for each type of retailer. Are the challenges basically the same or different? In what ways are they the same or how are they different? If you were advising a successful leader in a traditional retailer who was interested in making the transition to working as an online retail organization, what advice would you give? Management and Leadership This paper I will examine the roles and responsibilities of authoritative managers and leaders in advancement and creating an advantageous authoritative ability in a company. I will additionally differentiate amid administration and administration aural an aggregation as able-bodied as call the roles in which both managers and leaders comedy in creating and advancement an advantageous authoritative ability in a company. I will go on to explain how the arch action of administration supports the conception and aliment of an advantageous authoritative ability in a company. Finally, I will achieve with my recommendations that both managers and leaders can use to actualize and advance an advantageous authoritative ability in a company. The responsibilities of the managers in a company are to overlook employees’ performance, accommodate acknowledgment during advance reviews, and analyze areas of improvements and agent recognition. A company will also have leaders, which are classified as assignments or work leaders. Their duties are to aid advisers like themselves in their circadian job duties. Assignment or work leaders tend to be added accomplished advisers who managers agent this responsibility. Although the two high leaders and management seem to be similar, I can truly tell you they are very different. Someone people maybe a manger but not a true leader. The definition of a manager is to accept subordinates and leaders accept followers. (Changing Minds) There are dissimilarities with a leader and a manager at each company. They can have very different attitudes on their goals. whit a manager in a company’s authoritative goals are linked to the ability of the organization based on the four functions of administration such as planning, organizing, leading, and controlling, as with leaders access goals are on a more personal level. Leaders tend to advance his or her own account rather than accommodate to the â€Å"Main Objective† of the organization. Leaders accept an abundant access on others. According to the analysis I have found it states that, â€Å"Outstanding leaders connect their strategic substance and effective interpersonal processes to codify and apparatus strategies that produce a result and acceptable aggressive advantage†. Within a company, both managers and aggregation leads have a role in creating and advancement an advantageous authoritative culture. Often, a person can tend to act out of ethnocentrism, which is â€Å"the addiction to adjudicator others by the standards of one’s accumulation or culture, which are apparent as superior,† This behavior reflects badly on an organization. Managers and aggregation leads in a company are declared to reflect the personality of the support the overall goals and the organization. For example, a company, it is important that you accomplish every goal to get a customer’s to have absolutely corporation with an operational person in a proper time frame that you guarantee your customers so that they are happy. To do this involves a lot of maneuverings from several people in the organization. Both managers and leads must take on some activity to ensure this is done. An acceptable leader will help motivate the advisers to want to access and meet this goal. This entails the lead of management, which â€Å"involves the manager’s efforts to activate high achievement by each employee†. In A company, administering account achievement evaluations on advisers or employees helps each manager by pointing out employees’ strengths, weaknesses, and areas of improvements to accredit that agent to grow to be more successful. This supports the conception and aliment of an advantageous organizational culture within the company. This way the advisers or employees can see where they are and what area they need to change to be affective in the organization’s goal. The leading action of administration â€Å"involves the manager’s efforts to activate high achievement by employees†. In an organization, this is handled by administering account evaluations of each advisers and having daily team meetings to communicate tasks that are being followed and completed to be sent to high management. This is additionally how administration supports the conception and aliment of an advantageous organizational culture in a company. Recommendations for managers who demand to be leaders are to appearance compassion. To be a leader a person needs to see the world as an opportunity to change. They need to accept the employees’ dilemmas. Respect the assessment of the advisers and accomplish decisions that will be acceptable not only for them but the company as well. Leaders should not be acquisitive or selfish. They need to accept the amount of sharing, and apperceive their success is the effect of the efforts of every individuals. In conclusion I have shown you the different aspects between a manager and a leader in a company. With a new concept and a diverse world of business it is very necessary to implement both the managerial skills with the leadership skills in order to create new ideas. All of the Employees need to feel that their worth everything to the company and that they know that their opinions matter in the company as well. With c company you will always have challenging assignments and implementing that will build an idea in an employee and some are will not be discontent or unhappy. References Changing Minds Retrieved from http://changingminds. org/disciplines/leadership/articles/manager_leader. htm The Art and Science of Leadership sixth edition author Afsaneh Nahavandi

Benjamin Franklins Poetry Essay

This is a research paper which I shall analyze on the comparison of Benjamin Franklins thoughts and Ideals on remarks concerning the Savages of North America and The Way to Wealth. Benjamin Franklins (1706-1790) who was a renowned founder father of the United States, he participated in its development as a philosopher, scientist, publisher and a leading writer who is important in the history of American history. He wrote a lot of literature materials which are of essence even today and they are used in most analysis of human development and livelihood. He is credited for being the founder of the American character and values he participated by enlightening people the importance of education, community service and hard work so that they would be able to develop themselves. He also emphasized on building self governing institutions which are not authoritative but those which shows sense of leadership to prosperity of the Americans. In this research paper I shall compare and contrast his writing in The Way to Wealth which is also know as Father Abrahams Sermon which he wrote in 1758 and Savages of North America which he wrote in 1784. The write up of The Way to Wealth had its theme based on frugality and work ethics. While, Savages of North America is a narration whose theme is based on the difference between the civilized North American society and the Indians who were referred to as uncivilized. According to Wohlpart (1996) the American Citizens were much concerned about being heavily taxed by the government and they requested Benjamin response which they awaited eagerly. To their surprise Benjamin spoke his mind to address on how they would be able to elevate themselves from poverty and make better use of the idle time they had. He notified them that they are taxed thrice by their pride, thrice by their idleness and four times by their folly and there was need to change how they operated. He told them â€Å"God helps them that help themselves† and therefore they must do something meaningful to alleviate themselves from poverty. He let them know that those people who love life they do not squander time for it is what life is made of. He challenged them for long hours which they spend asleep knowing very well that sleeping fox does not catch poultry. He told them â€Å"Time is money† and â€Å"lost time is never found again† therefore it was important to use every time one has at their disposal. He as well advised them it is only being early to bed and early to rise up which makes on wealthy and they should not tolerate laziness as it travels very slow therefore being overtaken by poverty. He wrote that â€Å"There are no gains, without pains† so they should not hope and wish for better times because those who live hoping shall die fasting. Those who have trade they have estates while those who have offices they make profits and the must work on them so that they would productive enough to pay their taxes and have enough to develop their lives. He assured the Americans that if at all they are industrious they will never starve as he told them â€Å"diligence is the mother of good lack†. He emphasized that one should do what is possible today without postponing it tomorrow because â€Å"one today is worth two tomorrows† and any delay will just result to things being pilled up undone the following day (Wohlpart, 1996). The reason why they should take his advice serious is because there is a lot which they needed to do for themselves, their country and families and this would only have been achieved by working hard and being not idle. He encouraged each of them to be their own masters and they should not get themselves idle as no one would wish to be found idle by their master. He made them understand that leisure is not idleness but a time when one does meaningful things he wrote â€Å"A life of leisure and a life of laziness are two things† signifying that they should as well take the time which they refer as leisure very important and do something useful but not squander what they have labored for long and tirelessly. In his writings â€Å"Get what you can, and what you get hold† he meant that most of the time gains are quit uncertain and temperately and they should be well guarded because as he advised them that it is much better to â€Å"go to bed supper-less than to rise in debt†. This was meant to encourage them to live within their means and take charge of their wealth. Benjamin in his write up Salvages on North America which compared North Americans societies which he referred to as civilized and the Indians who were uncivilized. He presented it in using the incident of the treaty of Lancer which the governor of Pennsylvania presented an idea of taking the responsibility to provide all the comfort of the young Indians who will be sent to colleges (Lemay 2000). Benjamin shows on how the native population of the Indian Taught the North Americans about cultural relativism. By understanding that different nations usually have different conception, he wrote that the Indians when they are young they are warriors and hunters and when they grow up they are counselors. While, the women nurses and bring up their children and till they ground for food, it is also their responsibility to preserve public transactions which they pass over to the next generation through oral teachings. According to Lemay (2000) this form of employment which was much more natural was quit different on with the formalized civilization in the Northern America where there is government for the purpose of legislations and maintenance of order and a favorable environment for businesses to thrive. The life styles also necessitate it to have prisons, and officers who use force to compel obedience among the citizens. This is because civilizations come along with complexity in management and administration of the society that why they need established systems to take control of. The Indians although their youths are proposed to be trained in the white college and their payments be met by Government of Virginia they claim it would be of no use because after the training they will not be of any use at their home country. Because livelihood in India was done by being a warrior or hunter for men and taking care of children and subsistence cultivation by ladies which was not being addressed by the formal leaning of science and other studies which they were being taught. Indians are much polite and when they held their public councils they were much orderly and respected each others idea and they did not disrupt one another. Interruptions even when one is conversing with one another are regarded as being highly indecent, because their presentations were not written and any disruptions would interfere with the string of thoughts which would lead to forget what one intended to deliver. Benjamin compared on how disorderly and disrespectful the British House of commons is which there are frequent confusion as participants keeps on interrupting each other and the speaker has to intervene to maintain orderliness (Lemay 2000). This shows on how he was fascinated by the power of oral culture which was passed over generations orally by the six nations in India which is orderly as compared to the chaotic disrespectful discussions by so known civilized nations. The Indians had a lot of civility as compared to the citizens of North America; the Indians were hospitable to the Americans when they visit them. They are taken care of without pay but when Indians visits them they do pay for every thing which they spent. Benjamin in his write-up he shows on how churches would be seen as sinister places by on lookers that they are not meant for those who go there to be taught good things but places where business men congregate to set prices against the native traders. This is because the white settlers are seen being more cruel and rude by the Indians in their way of life and that the reason why they meet every other seventh day. The main concept of this write-up Benjamin was trying to show the different of the civilized and uncivilized societies. This proves that acceptance and demand of equality among different people had a long way to go because they are in different regions which has different needs to support their livelihood. Therefore its importance for each societal setup to adhere to their norms and practice which supports their unity and development in what they participate together (Baym, 1998). The main concern of the American was on how they would be able to establish industrialization to meet their rising cost of living and be able to pay tax while the Indians concern is on how one would be a good worrier and counselor when aged. This shows on how human kind should be able to use the resources at their disposal to better their livelihood. Work cited Baym, Nina. The Norton Anthology of American Literature: Beginnings to 1875. New York: W. W. Norton & Company. 1998 Lemay, Leo. Remarks Concerning the Savages of North America. 2000 Wohlpart, Jim. Benjamin Franklin’s â€Å"The Way to Wealth†. University of South Florida in Fort Myers. 1996 >

Arbitration in the Philippines

The alternative means for dispute resolution that these laws offer tip the scales with major strengths such as cost efficiency, impartiality and technical expertise of engaging arbitrators of your own choice, speed and flexibility in adaptation of laws and procedures, and confidentiality of extrajudicial hearings and awards, as mentioned in Parlade (2005). This paper explores the potential of ADR, focusing on the pitfalls of litigation in the Philippines and the burgeoning advantages arbitration provides. Keywords: arbitration, alternative dispute resolution Definition of Terms For the purposes of this paper, and as defined in the Philippine Alternative Dispute Resolution Act of 2004, the term: A. â€Å"Alternative Dispute Resolution (ADR)† means a process or procedure employed to settle a dispute extra-judicially. Instead of being adjudicated by a presiding judge, a neutral third party is employed to assist in resolving the issues in question through arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof; B. Arbitration† means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award; C. â€Å"Arbitrator† means appointed person or persons in a dispute who sits to resolve the issue by rendering an award. The arbitrator is a neutral third party especially chosen to perform such task; D. â€Å"Award† means any partial or final decision rendered by an arbitrator that resolves the issue in a dispute; E. â€Å"International Party† shall mean a juridical person or entity whose place of business is outside the Philippines. A domestic subsidiary of such or a co-venturer which holds office in the Philippines shall not be included. A foreign arbitrator shall mean a person who is not a Filipino national; F. â€Å"Litigation† means legal action brought between two private parties in a court of law; G. â€Å"Model Law† means the International Commercial Arbitration Model Law which was implemented on 21 June 1985 by the United Nations Commission on International Trade (UNCITRAL); H. â€Å"New York Convention† means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 which was ratified under Senate Resolution No. 1 by the Philippine Senate; I. â€Å"Proceeding† means such processes of judicial, administrative, or other adjudicative means which include pre-hearing or post-hearing motions, conferences and discovery; J. â€Å"Record† means an information written in a way that can be reproduced or is kept electronically or in such s imilar medium, which can be retrieved and used. Historical Evolution Domestic Arbitration The Spanish had brought with them their arbitration laws which were sophisticated enough to warrant its inclusion in the old Spanish Law of Civil Procedure, the Ley Enjuicinamente de Civil (Lim, 2001). Unfortunately, this was repealed at the turn of the century. Applying common law, the Philippine Supreme Court in 1921 noted in Chan Linte v. Law Union and Rock Insurance Co. , et al. (1921) that: [t]he settlement of controversies by arbitration is an ancient practice at common law. In its broad sense, it is a substitution, by consent of the parties, of another tribunal for the tribunals provided by the ordinary processes of law. †¦ Its object is the final disposition, in a speedy and inexpensive way, of the matters involved, so that they may not become the subject of future litigation between the parties. However, this attitude was scarce as courts jealously guarded their jurisdiction and parties skirted arbitration due to doubts on the enforceability of arbitration resolutions (Laygo, 2010). The New Civil Code was passed in 1949. Three new provisions were added by Congress, the most important of which was, to wit, Article 2043 which stated that any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040 of the same code (Ibid. ). This had breathed new life into arbitration as involved parties now have basis for claims that awards rendered during arbitration were final and binding, though, not in the sense that they were beyond judicial review but, in that, reasons for such review would now be limited (Ibid. ). The Supreme Court never had the chance to promulgate the rules of procedure in the 1949 Civil Code (Ibid. ). Republic Act No. 876, otherwise known as the Philippine Arbitration Law of 1953, provided for a structured and definite statutory framework for arbitration in the Philippines. This was a very important piece of legislation enacted by Congress as it would govern arbitration in the Philippines for the next fifty years, despite the fact that it made no reference to whether it was purely domestic or if it would recognize foreign awards. Fifty-odd years after the enactment of the Philippine Arbitration Law in 1953, Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004, was passed by Congress. This was the Philippines’ move to address the untenable questions arising from the mid-century arbitration law which, with the surge of globalization, the Philippines had outmoded. The Philippines had no laws which covered proceedings of international arbitration before the enactment of Republic Act No. 9285 (Lazatin Prodigalidad, 2006). Prior to this, when issues had to be settled with regard to international contracts, Philippines parties are often mandated by contracts to settle disputes in the foreign country under the rules of the foreign arbitral institutions (Ibid. ). Worse, no domestic legislation had been passed providing a specific procedure for the enforcement of foreign arbitral awards. Thus, there have been instances in which international arbitral awards have been treated by Philippine courts as akin to foreign judgments for lack of specific invocation of the New York Convention (Ibid. ). As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid (â€Å"Each contracting state shall recognize arbitral awards as binding†¦Ã¢â‚¬ ), as required by Article III of the New York Convention. Under Republic Act No. 9285, Section 2, the Philippines unequivocally declared that it is its policy â€Å"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes† and â€Å"encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets. † International Developments Shortly after the first half of the 20th century, as the Philippines already had existing arbitration laws governing domestic disputes, a welcome and reinforcing international development was the New York Convention. The Philippines acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (â€Å"New York Convention†) in 1967. The New York Convention is a landmark international instrument (Lazatin Prodigalidad, 2006). Parties to the New York Convention recognize the validity and binding effect of foreign arbitral awards as stated in Article III of the New York Convention. In addition, the New York Convention seeks to put international arbitration on equal footing with domestic arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards. To date, there are 142 signatories to the New York Convention (UNCITRAL, 1985); a testament to the near universal recognition of the validity and binding nature of foreign arbitral awards. On June 21, 1985, a Model Law on International Arbitration was adopted, and governed, by the United Nations Commission in International Trade (UNCITRAL). The law was designed to serve as basis for States to reform and modernize their own laws on arbitral procedure, taking account the salient features and addressing the needs of international commercial arbitration. The Model Law is comprehensive in that it covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award (Laygo, 2010). The Model Law has obtained consensus in the international community having been accepted and used as basis by States of different legal and economic systems of the world (Ibid. ). Arbitration is an alternative to, or a substitute for, traditional litigation in court, as observed in PHIVIDEC v. Hon. Alejandro M. Velez (1991). With the preceding laws forming the foundation of sound arbitral guidelines, the Philippines can now freely adapt and implement such. Republic Act No. 9285 is now the primary statute used in domestic arbitration. It is used in conjunction with Republic Act No. 876 and Articles 8, 10, 11, 12, 13, 14, 18 and 19 of the Model Law, which was especially designed to provide for domestic instances. Republic Act No. 9285 is also the current ruling statute for international commercial arbitration. Secondary statues to supplement the primary law include Articles 2028 to 2046 of the Civil Code of the Philippines, the New York Convention and the Model Law, and Supreme Court decisions forming the jurisprudence that applies or interprets these laws. Legal Processes: Litigation v. Arbitration in the Philippine Context Litigation As defined in the Alternative Dispute Resolution Act of 2004, litigation means legal action brought between two private parties in a court of law. There are four levels of organization with regard to the regular Courts. The first consists of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts (SyCip Salazar Hernandez Gatmaitan, n. d. ). These are trial Courts that decide only particular types or classes of cases. The second level consists of Regional Trial Courts, which are trial Courts, but also have general jurisdiction over cases not within the jurisdiction of Courts of the first level or any other tribunal, and particular classes of cases (Ibid. ). The third level is Court of Appeals which reviews cases from the Regional Trial Courts and quasi-judicial agencies (Ibid. ). At the highest level is the Supreme Court, which exercises appellate and review jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts (Bernas, 1996). As a rule, only questions of law may be raised before the Supreme Court (Ibid. . The Philippine Court System provides for no juries. As arbiters, Courts have judges who are neutral and impartial who rule on questions of fact and law. Past judicial decisions of the Supreme Court are authoritative and precedent-setting, while those of the lower Courts and the Court of Appeals are merely persuasive (Ibid. ). A civil action is commenced by filing an or iginal complaint in Court (SyCip Salazar Hernandez Gatmaitan, n. d. ). A summons and a copy or copies of the complaint are then served on the defendant or defendants in accordance with the Rules of Court (ROC) (Ibid. . Then an exchange of pleadings between petitioner and respondent commences and issues to be tried are identified (Ibid. ). The petitioner is obliged to set the case for pre-trial after the last pleading has been filed (Ibid. ). This is usually the time that the possibility of an amicable settlement is considered and expedient ways of resolving the matter are explored (Ibid. ). If this is unsuccessful, it proceeds to trial. Once the trial ends, closing written memoranda may be submitted by the parties and the case is then deferred for the judge’s ruling (Ibid. ). Recent data from the Supreme Court Annual Report of 2005 shows that, for the period January to November 2005, the cases filed continue to outnumber the cases resolved at the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC) levels. As of 30 November 2005, the total number of pending cases was 785,670, with the trial courts bearing the brunt of the caseload as follows: RTC 349,085; MeTC 144,408; MTCC 115,391; MTC 85,452; MCTC 65,692 (Ibid. ). Clearly, the caseloads remain formidable and unwieldy insofar as the trial courts are concerned. Not surprisingly, the data likewise shows that the problem of the shortage in judges has persisted through the years. Calculations based on the data have shown that the vacancy rate has hovered at around 30% on average. This shortage in judges is largely due to the relatively low pay of judges. Based on Supreme Court figures of January 2005, an RTC judge receives P44,416. 33 monthly in salary and allowances. An MeTC judge receives slightly less. MCTC and MTC judges receive P36,501 monthly in salary and allowances. The obvious solution to the problem is to increase the number of judges. However, this is easier said than done. The salaries of the judges are not determined by market forces but are subject to budget constraints and the priorities of our lawmakers (Bernas, 1996). The result is that our courts have not been able to function efficiently. While there is no ready data on the average number of years that it takes the courts to resolve disputes, anecdotal evidence shows that it usually takes 3-5 years for a case to be resolved at the trial court level, and another 2-4 years for a case to be resolved on appeal. Under the circumstances, the need to promote arbitration becomes pressing. Arbitration directly benefits the parties and indirectly benefits the courts since it diverts cases away from them and into the hands of arbitrators with much lesser caseloads. This indirect benefit has been recognized both by Congress (Section 2 of R. A. No. 9285 states that: The State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets) and the Supreme Court through its acknowledgment, in Charles Bernard H. Reyes v. Antonio Yulo Balde II, that it is the â€Å"wave of the future. † Arbitration Arbitration means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award (ADR Act, 2004). Domestic and international commercial arbitration is governed primarily by the ADR Act of 2004, supplemented by the Arbitration Law of 1953, the Civil Code, the New York Convention and the Model Law framework. In the Philippines, arbitration of construction disputes continues to be governed primarily by the Construction Industry Arbitration Law (SyCip Salazar Hernandez Gatmaitan, n. d. ). The Construction Industry Arbitration Commission has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines (Ibid. ). The Philippine Dispute Resolution Center, Inc. , and the arbitration arm of the Philippine Chamber of Commerce, provide commercial arbitration services (Ibid. ). Under the ADR Act, a party may be represented by any person of their choice in international commercial arbitrations and domestic arbitrations in the Philippines. Under the same Act, only those admitted to the Integrated Bar of the Philippines may appear as counsel in any Philippine Court, or any other quasi-judicial body, whether or not such appearance is in relation to an arbitration in which they appear. In domestic arbitration, an agreement to arbitrate a current or future controversy between the parties must be in writing and subscribed by the party sought to be charged, or by their lawful agent (SyCip Salazar Hernandez Gatmaitan, n. . ). For international commercial arbitration, an arbitration agreement may be an arbitration clause in a contract or a separate agreement (Ibid. ). It must be in writing; in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. It may also be in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other (Ibid. ). Subject to the provisions of the ADR Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. If the parties fail to agree, the arbitral tribunal may generally conduct the arbitration, including determining the admissibility, relevance, materiality and weight of any evidence, in such manner as it considers appropriate (Ibid. ). In domestic arbitration, with reference to the ADR Act, arbitrators are mandated to set a time and place for the hearing of the matters submitted to them, and must cause notice to be given to each of the parties within a specified period. Before hearing any testimony, arbitrators must be sworn, by any officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their ability and understanding. Witnesses must also take an oath before the arbitrator. Arbitrators are required to attend every hearing in that matter and hear all allegations and proofs of the parties. Arbitrators shall receive as exhibits in evidence any document that the parties may wish to submit. At the close of the hearings, the arbitrators shall specifically inquire from all parties whether they have any further proof or witnesses to present. In international commercial arbitration, the arbitral tribunal holds oral hearings for the presentation of evidence or for oral argument at an appropriate stage of the proceedings, if so requested by a party, unless the parties have agreed that no hearings shall be held (SyCip Salazar Hernandez Gatmaitan, n. d. ). The parties shall be given sufficient advance notice of any hearing and meeting of the rbitral tribunal to inspect goods, other property, or documents (ADR Act, 2004). A party aggrieved by the failure, neglect or refusal of another to perform under a written arbitration agreement may petition the proper Regional Trial Court for an order directing that such arbitration proceed in the manner provided for in the agreement (Ibid. ). The Court also has the authority to appoint arbitrators when the parties to the contract or submi ssion are unable to agree upon a single arbitrator, or when either party to the contract fails or refuses to name his arbitrator within 15 days of receipt of the demand for arbitration (Ibid. . A party may ask the Court to decide on a challenge against an arbitrator if the arbitral tribunal rejects the challenge (Ibid. ). A party may also ask the Court to decide on the termination of the mandate of an arbitrator who is unable to perform their functions, or for other reasons fails to act without undue delay, if the arbitrator does not withdraw from office and the parties do not agree on the termination of the mandate (Ibid. . [In international commercial arbitration, a party may apply to the proper Court regarding the appointment of an arbitrator, the challenge against an arbitrator, and the termination of the mandate of an arbitrator, only when the â€Å"appointing authority† under the ADR Act, who is supposed to decide on these, fails or refuses to act within 30 days from re ceipt of the request (SyCip Salazar Hernandez Gatmaitan, n. d. ). A party may request the proper Court to grant an interim measure of protection before the constitution of the arbitral tribunal (ADR Act, 2004). A party may also apply to the proper Court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal (ADR Act, 2004). In domestic arbitration, unless the parties stipulated otherwise in writing, the arbitrators must render the award within 30 days of the closing of the hearings (Ibid. ). This period may be extended by mutual consent (Ibid. ). There is no express rule on when an award must be delivered in international commercial arbitration. The award must be in writing, signed and acknowledged by a majority of the arbitrators, and should there be an instance, reason for any omitted signature must also be stated (Ibid. ). The award shall outline the reasons upon which it is based, unless the parties have agreed otherwise or the award is on agreed terms. The award shall also state the date and place of arbitration. Each party shall receive a copy of the award. The ADR Act provides specific grounds for the Court to set aside an arbitral award in a domestic arbitration. They include cases of corruption, fraud, partiality, misconduct, and disqualification of arbitrators. The ADR Act also provides specific grounds for the Court to modify or correct an arbitral award— including miscalculation of figures, mistake in the description of a person, thing or property referred to in the award, an award upon a matter not submitted for arbitration, and imperfect form of the award. The Courts shall disregard any other ground raised against an arbitral award in a domestic arbitration (Ibid. ). In the case of international commercial arbitration, a Court may set aside an arbitral award when the arbitration agreement is invalid; when a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case (SyCip Salazar Hernandez Gatmaitan, n. d. ). Other reasons include situations where an award deals with a dispute which is not arbitrable or contains decisions on matters beyond the scope of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the law; the subject matter of the dispute is incapable of settlement by arbitration under the law, or when the award is in conflict with the public policy of the Philippines (Ibid. ). At any time within one month after an arbitral award is issued in a domestic arbitration, any party to the arbitration may apply to the appropriate Regional Trial Court for an order confirming the award. The Court must grant the order unless the award is vacated, modified or corrected. Upon the granting of an order that confirms, modifies or corrects an award, judgment may be entered. The judgment may then be enforced as an ordinary judgment of that Court. For foreign arbitral awards, the New York Convention applies, subject to the commercial and reciprocity reservations (Ibid. . The basic procedure for recognition and enforcement is as laid down by the Convention. Despite the many attractive draws of arbitration, it is best to note the instances when alternative dispute resolution proves inappropriate, and practice judgment accordingly. It would be more judicious to resort to litigation when: (1) there is a significant imbalance in the parties’ bargaining power, as the strong er party may cow down the weaker one; (2) the party who has the use of the money at issue may benefit from a delay in itigation; (3) substantial legal issues are involved and must be dealt with accordingly, mindful of national and international repercussions; (4) there are multiple parties involved as it may be more difficult to implement alternative dispute, particularly where a class action is desired; (5) one of the parties wishes to establish a judicial precedent; (6) adversary is irrational and unreasonable, thus barring resolution; and (7) extensive discovery is needed or desired, as the Courts have a more thorough and encompassing framework, arbitration being relatively vogue and young in experience as compared to Courts (Grenig, 2005). Supporting Jurisprudence There have been two decisions in the field of arbitration that have set the tone of the Supreme Court and advanced the cause of arbitration in the Philippines. The first one is Transfield Philippines, Inc. vs. Luzon Hydro Corporation, G. R. No. 146717, 19 May 2006. There, the Supreme Court affirmed the enforceability of foreign arbitral awards and the right of the parties to an arbitration proceeding to obtain provisional relief from the courts. In Transfield, the Supreme Court had occasion – for the first time – to refer to Republic Act No. 285. What is significant in Transfield is the Supreme Court’s recognition that court-ordered provisional/interim relief extends to international arbitration. Such ruling sends a positive signal to future litigants that the Philippines is an arbitration-friendly jurisdiction. The second part of the ruling in Transfield affirms the right of a party to an international arbitration to enforce a final awar d in the Philippines, pursuant to the UNCITRAL Model Law and the New York Convention. The other, more recent case is Gonzales vs. Climax Mining Ltd. , G. R. Nos. 61957 and 167994, 22 January 2007, where the Supreme Court resolved petitioner Jorge Gonzales’s motion for reconsideration and respondents Climax Mining Ltd. , et al. ’s motion for partial reconsideration of the earlier Decision of 28 February 2005. The ruling in Gonzales is significant for several reasons. First, the ruling in Gonzales re-affirmed the summary nature of and the RTC’s limited and special jurisdiction over petitions to compel arbitration under Section 6 of R. A. No. 876. The jurisdiction of courts in a petition to compel arbitration is limited to determining the existence of an arbitration agreement. Trial courts should not allow themselves to be drawn into the fatal pitfall of prolonging the proceedings or touching on the merits. Second, modifying its earlier ruling, the Supreme Court in Gonzales introduced the widely-accepted doctrine of separability, which states that the validity of the contract containing the agreement to submit to arbitration does not affect the applicability of the arbitration clause itself. This doctrine of separability is, as pointed out by the Supreme Court, found in Article 16(1) of the UNCITRAL Model Law, which governs international commercial arbitration. Conclusion The efforts of Congress and the judiciary at improving the system of arbitration are welcome and timely. Today, two contemporary circumstances, one a local problem, the other an international phenomenon, acutely highlight the need to further promote and develop arbitration: hopelessly clogged court dockets and growing globalization. An inefficient court system impels aggrieved parties to look elsewhere for swift and impartial justice. On the other hand, international trade and transactions unavoidably give rise to disputes between nationals who come from different jurisdictions. The foreign businessman will understandably be wary of or uncomfortable with the local courts. Thus, he will seek to bring his dispute before the more neutral forum of arbitration. Parties wishing to have their conflicts resolved expeditiously will be looking increasingly to alternative means of settling their disputes, especially business, which abhors indefinite uncertainty. Under the circumstances, arbitration is truly worth cultivating. It possesses many attractive features. First, unlike judges, arbitrators are not burdened by heavy caseloads. The data hows that, as of November 2005, there are 349,085 pending cases before the RTC. Yet, there are only 804 RTC judges, or an average of 434 cases per judge. Hearing cases, sifting through evidence, and writing decisions is not an easy task. It becomes almost unmanageable if a judge has to contend with 434 cases. In contrast, before appointing an arbitrator(s), litigants can first verify from a potential nominee whether he or she can devote time to the case. Second, there is a large pool of arbitrators to draw from. Unlike the traditional judges, arbitrators do not have to be lawyers. They can be architects, engineers, investment bankers, stock brokers, or even laymen, depending on the subject matter or nature of the dispute. Third, the fees of arbitrators are not fixed by law. They are flexible and adjust according to the complexities of the case and the reputation of the arbitrator. Hence, litigants will be assured of an adequate supply of arbitrators. There is also reason for arbitrators to resist the temptation of corruption. The more competent, honest, and prominent the arbitrator, the higher the price he or she can command. Fourth, arbitration has the indirect benefit of de-clogging the court dockets by diverting cases away from them. The data shows that the number of cases filed outpace the number of cases decided. Judges can dispose of only so many cases at a time, especially given the restrictions that are imposed upon them. While the courts can only do so much in terms of the outflow of cases, arbitration has the potential of controlling the inflow of cases into the judicial system, especially at the RTC level where the number of cases filed annually have been more or less steady through the years. The court ystem can begin to work more efficiently only if the number of cases decided exceeds the number of cases filed. Until then, the courts find themselves trapped in a cycle of inefficiency. Thus, the courts also have a high stake in the success of arbitration. Fifth, arbitration addresses the concern of partiality. One of the appealing features of arbitration is that the parties get to choose their own arbitrators. Sixth, the costs of arbitration are borne by the parties. Arbitration pays for itself. Litigants who are dissatisfied with the judicial system can opt out of the judicial system. The potentially higher fees can be offset be a speedier resolution of the case and more satisfactory judgment. The Supreme Court first touted arbitration to be the â€Å"wave of the future† in BF Corporation v. Court of Appeals (1998). Eight years later, the Supreme Court repeated the same observation in Charles Bernard H. Reyes v. Antonio Yulo Balde II, G. R. No. 168384, 7 August 2006, that: It bears to stress that being an inexpensive, speedy and amicable method of settling disputes, arbitration — along with mediation, conciliation and negotiation – is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the â€Å"wave of the future† in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. † References Books and Journals Bernas, J. , S. J. (1996). The 1987 Constitution of the Republic of the Philippines: A commentary 2009 Ed. ). Manila, Philippines: Rex Book Store. Grenig, J. E. (2005). Alternative dispute resolution (2nd Ed. . Minnesota: West Publishing Co. Laygo, J. (2010). Arbitration: A brief. Makati: Intellectual Property Office of the Philippines. Lim, F. E. (2001). Commercial arbitration in the Philippines. The Ateneo Law Journal, 46(2). Cases BF Corporation v. Court of Appeals, G. R. No. 120105 (1998). Chan Linte v. Law Union and Rock Insurance Co. , et al. , 42 Phil. 548 (1921). Charles Bernard H. Reyes v. Antonio Y ulo Balde II, G. R. No. 168384 (2006). Gonzales v. Climax Mining Ltd. , G. R. Nos. 161957 and 167994 (2007). Philippine Veterans Investment Development Corp. PHIVIDEC) v. Hon. Alejandro M. Velez, G. R. No. 84295 (1991). Transfield Philippines, Inc. v. Luzon Hydro Corporation, G. R. No. 146717 (2006). Laws New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Republic Act No. 876, Philippine Arbitration Law of 1953. Republic Act No. 9285, Philippine Alternative Dispute Resolution Act of 2004. UNCITRAL Model Law on International Commercial Arbitration of 1985. Online Resources Lazatin, V. P. Prodigalidad, P. A. (2006). Arbitration in the Philippines. Retrieved from http://www. seanlawassociation. org/9GAdocs/w4_Philipines. pdf Parlade, C. O. (2005). Why litigate? Arbitrate! Retrieved from http://www. pdrci. org/web1/art001. html Supreme Court of the Philippines Annual Report. (2005). Adjudication: Caseload and disposition [Data file]. Retrieved fr om http://sc. judiciary. gov. ph/announce/sc_annual_report_2005. pdf SyCip Salazar Hernandez Gatmaitan Law. (n. d. ). A Guide to Dispute Resolution in Asia. Retrieved from http://www. herbertsmith. com/uploads/HSpdfs/Asia-guides-006/dispute resolution/12_Philippines. PDF

Case Study - Arrowhead Ltd Example | Topics and Well Written Essays - 2000 words

- Arrowhead Ltd - Case Study Example The liberal strategies adapted to this segment of customers finally bounced back as a major threat to the existence of the company. As a production director, I should approach the above issue seriously. Drastic changes in the business strategy are necessary in Arrowhead. No organization can survive in the current extremely competitive world, either with a particular product alone or with a particular segment only as the customer base. Greg Kitson (2009) has argued that every market experiences some seasonality diversification of the customer base is the only option to stay busy throughout the year (Kitson 2009). It is suicidal to depend heavily on a particular customer base for ever to sustain a business. Avoiding customers who are volatile to market fluctuations is necessary to sustain the business prospects of Arrowhead. Arrowhead should concentrate more on building a customer base that are capable of withstanding any type of pressure exerted from the market. The recent financial crisis has affected Arrowhead worse since most of their customer base was from the mostly affected community, the lower and middle class. The current financial crisis has not affected the upper class much because of their immense financial strengths to overcome such crisis situations. On the other hand, the rest of the community were seriously affected by the financial crisis. Arrowhead should build high quality products in order to canvass the upper class people. The current customers of Arrowhead are not much worried about the quality of the furniture produced by arrowhead. It is quiet natural since they are getting furniture at an affordable price and that also in instalment payment basis. They cannot bargain much to reduce the price or to improve the quality of the Arrowhead products because of their obligations to the company. On the other hand, upper class people are not like that. They normally look for the quality of the product rather than the price of

Automation Tools Math Problem Example | Topics and Well Written Essays - 2750 words

Automation Tools - Math Problem Example The pane, labeled 'Classes' (encircled in blue), displays the name of all objects that are contained in the library, VBA; these objects are called classes, modules and enumerations. These objects have constants, properties and functions, which are listed in pane, labeled 'Members of XXXXX' (encircled in green), through which they define their attributes and set of actions that they can perform. For example, in above figure, it can be noted that there are only two constants, vbModal and vbModaless, are defined in enumeration, FormShowConstant. Also note that the summarized detail for the selected member, vbModaless, is also displayed in the bottom pane (encircled in pink). Executes code one statement at a time; when not in design mode, Step Into enters break mode at the current line of execution. If the statement is a call to a procedure, the next statement displayed is the first statement in the procedure. At design time, this menu item begins execution and enters break mode before the first line of code is executed. This option is similar to Step Into; the difference in use occurs when the current statement contains a call to a procedure. It executes the procedure as a unit, and then steps to the next statement in the current procedure. ... For example, in above figure, it can be noted that there are only two constants, vbModal and vbModaless, are defined in enumeration, FormShowConstant. Also note that the summarized detail for the selected member, vbModaless, is also displayed in the bottom pane (encircled in pink). Question 1(c): What debugging facilities are available within the Visual Basic Editor (VBA IDE).Describe how they might be used to debug code Answer 1(c): In Visual Basic Editor, all debugging facilities can be accessed through options that are available in 'Debug' menu; this menu contains the following menu items: 1. Step Into Executes code one statement at a time; when not in design mode, Step Into enters break mode at the current line of execution. If the statement is a call to a procedure, the next statement displayed is the first statement in the procedure. At design time, this menu item begins execution and enters break mode before the first line of code is executed. If there is no current execution point, the Step Into command may appear to do nothing until something is done that triggers code, for example clicking on a document. 2. Step Over This option is similar to Step Into; the difference in use occurs when the current statement contains a call to a procedure. It executes the procedure as a unit, and then steps to the next statement in the current procedure. Therefore, the next statement displayed is the next statement in the current procedure regardless of whether the current statement is a call to another procedure. This option is available in break mode only. 3. Step Out Executes the remaining lines of a function in which the current execution point lies. The next statement displayed is the statement following the procedure call. All of the code is executed

HEALTH LAW AND ETHICS Essay Example | Topics and Well Written Essays - 250 words - 14

HEALTH LAW AND ETHICS - Essay Example issue but at the same time, warns them that false reporting and exaggeration can incur them loss, so that a dual-action is developed to make them honest in their reporting of the way things are going in the workplace. Hospitals can outsource the services when tough ethical decisions about resource allocation have to be made. Outsourcing is suitable particularly in the cases of ethical dilemma e.g. when there are two patients needing immediate attention of the doctor simultaneously. Another way is to always keep certain resources ready for employment on immediate basis. For example, one of the off-duty nurses can be called upon work because of shortage of nurses at a certain time but the nurse must be compensated for the unscheduled call of duty. When these options are not available, then the hospital should assess which of the subjects is in a greater need of resource allocation, and the resources must be allocated

Division of Labor within the family Research Paper

Division of Labor within the family - Research Paper Example These three elements, as spelled by White, highlight how three needs – the social, natural and biological – have forced the family into the division of roles. This is demonstrated in the way family, in its history, has taken many forms and how each member has been given tasks to ensure it the best chance for survival. This paper will outline the significant forms that the family and community have taken through the years and how the sociological, biological and natural needs are being met. Specifically, this paper will identify its bearing on the division of labor and responsibilities within the family. In order to be able to establish the foundation of this paper, it is necessary to explain the fundamental concepts of the family, the division of labor and their relationship. In the process, the social, biological and natural factors that cause the division of labor within the family will also be identified. Scholars began to take interest in the development of the human institution called the family in 1860s and this resulted to the investigation of its history. According to Patricia Rosof, these scholars sought the origins and examined the development of the family because by doing so, they would be able to understand patterns of kinship structures, marriage, and inheritance, as well as explanations to familial traditions, among other matrimonial values. (1) With this scholarly interest, the definition of family became a necessity. Because of development and cultural differences, there is no standard definition or clear legally outlined meaning for the family but for the purposes of this study, the definition offered by the US Bureau of Census will be used. It states that, â€Å"a family consists of two or more persons who are living together and who are bound to each other by kinship, marriage or adoption.† (Skirbekk 118) The structure of family and the relationships therein at a particular time and place can yield invaluable

Research Paper on Eliminating Job Stress Thesis

Research Paper on Eliminating Job Stress - Thesis Example .................................................................................16 Results & Analysis........................................................................................20 Discussion of Findings†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦31 Conclusions†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦34 Recommendations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.35 Limitations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.35 References.................. ...................................................................................37 Introduction This paper will study job stress in organizations and how it impacts employee performance. It will take on a qualitative approach to research by conducting interviews/ focus group discussions with employees with varying positions in a selected company. The growing complexity of living in contemporary times is brought about by several factors related to progress. Working in various jobs may be much more challenging due to the evolution of job descriptions to include maximized work schedules filled with unceasing tasks. Oorganizations deemed to be successful may still run into internal problems, mostly related to their employees. These employees form a major part of the organizational setup. and majorly it is due to their performance that organizations become successful or bankrupt (Dewe, Driscroll O, & Cooper L, 2010). A major concern of organizations is the productivity of their employ ees as achievement of organizational goals depend on it. One major factor that may severely impact employees’ performance at work is â€Å"job stress†. (Dewe, Driscroll O, & Cooper L, 2010). Executive Summary The awareness that job stress can adversely affect the performance of workers in an organization can be alarming since stress may be inherent in most organization. This study explores how job stress affects the work performance of employees in an organization. Specifically, this study engages discussions with teachers and staff of a school. A focus group interview was conducted with 10 members of the educational institution concerned. They were asked their opinions regarding the relationship between job stress and employee performance; the main causes of job stress; what happens to them when they are stressed and the impact of job stress in both their personal and professional lives. Background of the study With the increase in volume of work, complexity in situat ions and heavy competitions job stress is on the rise. Generally, stress is what one feels when the demands on his life exceed his ability to meet those demands. According to data from health and safety, company executives recorded that in Britain around 420,000 were going through stress, anxiety and other pressure issues. In 2006, the figures mounted to 195,000 fresh cases (Dewe, Driscroll O, & Cooper L, 2010). Over the years the rate has continued to increase and by 2007 it was stated that out of every 6 individuals at work, one among them was experiencing job stress. When carrying out research, it is important to understand the scope of the problem and how it will benefit the industry in that regard. As it can be seen from the statistics mentioned above, job stress is a significant issue. Since each employee is an asset of the organization and is contributing to the running of the organization it is essential to study his/her interests and issues and keep them at

Applying for SJD in Environmental Law Personal Statement

Applying for SJD in Environmental Law - Personal Statement Example Throughout my school life, I have always strived to maintain a distinguished and clean record in law so as to steer me well towards achieving my dream in law. I have also shown great promise and likeliness of a remarkably outstanding scholarship. Moreover, putting into consideration my past records and present ambition, I have managed to show an ideal high potential for successfully completing the scholarly dissertation of high required quality as expected of me in this field. These I have managed to secure as an illustration of my capability in successful studying of the Doctor of Juridical Science (S.J.D). Doctor of Juridical Science is a career that I believe I have the relevant ability to pursue. This is a career that I want to sturdy for a number of reasons. First, I want to use my knowledge and expertise to join other scholars and teachers of law in helping my country. The career is one that requires diligence and readiness to perform to the greatest of one’s ability. Th is is the same extent of expertise that I want to employ and through it help my country. Saudi Arabia requires diligent people and great scholars who will help train the younger law students into becoming the people they want to be. Without good scholars and teachers of law, the present young students of this country who would like to pursue related law careers do not have hopes of achieving their dreams. I would like to be given a chance to help my country in training these young students. I would like to contribute towards the making of the next legislators, lawyers, judges and many other law practitioners. Saudi Arabia does not have enough professors who specialize in SJD in environmental law. This has always brought a lot of shortcomings when it comes to matters relating to environmental law. Moreover, if this trend continues this way, it is unfortunate but in the future; we will not be able to have enough law practitioners who specialize in environmental law. We, as a country, therefore need to have more professors who will apart from train students of law who specialize in environmental law, also help encourage other law students to join the specific field. I would like to have the opportunity to help in these. I would like to add to the number of professors who specialize in environmental law so that we can emphasize a lot of specialty in this field just like other fields. The well-being of our environment is crucial to the normality of our country. Our environment supports our life and balances the ecosystem. The presence of lecturers who specialize in environmental law will directly or indirectly help boost this sector and ensure its continuity. This is also why I want to specialize in environmental law. So that using my expertise, I can help train other students in ways of practicing effective environmental law. This country also has few female lecturers. To be more specific, there are also very few female lecturers who specialize in environmental la w. Women deserve a place in this profession. We deserve to have more women lecturers and also more of those needs to specialize in environmental law. For this reason, I would like to be given a chance to pursue the Doctor of Juridical Science and become a well-informed female professor who will serve her country will all her knowledge and expertise.

Implementation of Materials Requirements Planning Case Study

Implementation of Materials Requirements Planning - Case Study Example There was a delay in ordering and forecasting due to jumbling of trucks. Vice president recommended that for the software to work, it needed at least 25 Premio employees and managers to adjust their jobs. The minor problem was only lack of adequate parking space for the customers or visitors due to the parking of delivering trucks. Gmunder insisted that the system would overhaul production, procurement, and shipping as well as imposing the required discipline, which Cinque, the company’s CEO wavered. Gmunder estimated the system would raise the annual money flow by $500000 and an annual savings of $150000 through the reduction of wasted material. Cinque still questioned about the system claiming that the numbers were worth pursuing, but with no sales yet. Cinque elaborated that the system affects every operation of Premio Foods Company. Employees started complaining about because some of them would be laid-off from a job (Barrett, 2010). The system was also doubted by one of the veterans and also a director of technical services, suggesting that the company would end up getting solid sales forecasts. The veteran viewed it as a big corporate BS. He also feared to undergo from the shortage of raw materials especially during the holiday. Mark Renna, who is the director of logistics and aged eight years, warned Cinque about an eruption of a similar case of installation of MRP system. He elaborated that customers were not getting their orders, and most of the trucks left the firm half full, which might happen to the company. It seems MRP system is based on the assumption of the deterministic region. Leads and demand times are the most assumed determinists. In a manufacturing environment, however, the assumptions are invariably violated. There exists a conflict between reality and assumptions in the execution of MRP system.

Female Authors and the Novel Essay Example for Free

Female Authors and the Novel Essay The contribution of female authors towards the development of the novel is significant. Indeed it can be argued that feminine sensibility plays a key role here. G K Chesterton describes the novel as a feminine art form, and he explains that it is the female eye for homely detail, as well as the talent to depict the intricacies of relationships, that make it so (39). These qualities are important because they serve to counteract the male tendency towards philosophy and idealism. Such tendencies must be overcome because the novel is aiming for an individualistic and democratic voice which is beyond all factionalism. The search for an individual voice had been the aim of literature since the Protestant Reformation. It was the aim too of the Enlightenment; but the practical effect was only to introduce the rigid formality of classicism. So the constraints of the Church had been replaced by just another form of constraint. Such constraints were overcome in the end by the female prose writers, and gradually over a long period. In this respect we will examine the two writers Aphra Behn and Mary Shelley, separated by a century and a half. The former presages the advent of the novel, while the latter perfects the form and paves the way for the great Victorian age of the novel. Classicism was the key barrier to the development of the novel. All efforts towards informality were frowned upon by the stalwarts of Augustan literature, led by Dryden and Pope, so the novel was perforce directed underground. Here it flowered in the hands of the women writers, who were mostly ignored because they concentrated on sentimental romance, and appealing to woman readers alone. Daniel Defoe is now regarded as the first proper novelist, but it is plain to see that he has adopted a form established by the female writers, who produced mostly trifling and salacious romances. Such a description may be applied to Aphra Behn’s Love Letters Between a Nobleman and His Sister, but it is also notable for being the first epistolary novel. Her reputation, however, rests on Oroonoko, a love story involving an African prince captured by slave traders. Though not yet a proper novel, it contains many innovations that point in that direction. Behn assumes a conversational tone with the readers in places, inspiring familiarity. It also contains an omniscient voice of narration, which was to become the most distinctive characteristic of the novel proper. However, she feels obliged to explain her omniscience, and so the narrator is tangentially involved in the story itself. She knows all the incidents in Africa because she has lived the slave plantation and has conversed with the African prince. By the time Mary Shelley writes Frankenstein, the novel form has almost come into its own element, and its history boasts such great novelists as Defoe, Fielding, Richardson, Sterne, Smollet and Austen. Nevertheless, Shelley’s original contribution in not insignificant. The voice of the novel reflects ‘individual expression’, and this has been largely perfected by this point. Shelley goes on to tackle the theme of individualism itself. It is the story of a mad scientist who cuts himself off from the world in order to create a being from assembles and inanimate organs. We discover similarities between the project of the mad scientist and the project of the novelist giving life to his fictional creations. The novelist functions as an individual, and his is probably the loneliest occupation of all. At the same time it is his task to create individuals, purely from the imagination. Shelley’s theme is at heart the mutual dependency of creator and creature. Though she is outwardly concerned with the misuse of science, and of the terrible consequences of mechanization, the underlying theme remains that of individualism. In this sense we may interpret her novel as an exploration of the limits of the novel. In conclusion, female writers can be said to be largely responsible for the development of the novel from the Restoration onwards. The evolution of the novel has avoided the limelight, yet the novel has been the primary vehicle for the advance of individualism. Only with the Industrial revolution and the rise of democracy does the novel burst forth as the principal mode of literature. Aphra Behn and Mary Shelley were key proponents in novel’s development. Works Cited Behn, Aphra. Oroonoko. Ed. Janet M. Todd. New York: Penguin Classics, 2003. Chesterton, Gilbert Keith. The Victorian Age in Literature. Oxford: Oxford University Press, 1966. Shelley, Mary. Frankenstein. New York: Collectors Library, 2004.

Department store Essay Example for Free

Department store Essay What are the main organizational causes of the frustration that Ayshia Coles feels? There are some main organizational causes of frustration that Ayshia Coles feels. Firstly, she feels that her responsibilities and line of authority are not clearly defined in the relationship between IT and the bank’s other departments. Secondly, there are many vagueness of requests send to IT. Moreover, FMBT has a problem about communication between units leading to complex problem. Finally, IT staff limited to application so they feels underused. 2. If you were Marshall Pinkard, how would you address both Ayishia’s request for clarification about her authority and responsibilities and the underlying problems be addressed with minor adjustment or would you need to consider a drastic overhaul of the bank organizational structure? What environmental and technological factors would influence your decision? If I were Marshall Pinkard, I would have some temporary solutions. Initially, he should set up a meeting with the company executives and managers for all departments in vertical- redefined the lines of authorities for all managers. He has to lay out the responsibilities for all the managers including Ayishia. Next, he should announce the other department about problems faced by IT and encourage communication among departments. Besides that, he can develop a  innovation process for submitting requests to IT department. Concurrently, he should motivate IT staffs for creative inputs of IT to improve the company. The most important thing is that the FMBT should restructure their organization. Although it will take a long time to achieve it, it makes company’s perform better than now. 3. Sketch a general chart for the type of organization that you think would work best for IT at FMBT?

Elements of Sustainable Business Models

Elements of Sustainable Business Models The title of the journal is Elements of Sustainable Business Models which was written by Talonen, Tapani, Hakkarainen and Kari for the research conducted by Kone Corporation and Virike Consulting, Finland. They had conducted a study about the elements contributing a beneficial business model. This research aimed to provide the detailed explanations regarding the complex aspects of business models and the actions or methods required to handle them. The study reveals the failures of some companies such as Kodak and Nokia to plan and implement the effective business models which causes their operations to face big problems and lose in the highly competitive business world. The investigation of the reasons of the failure in planning or implementing business models and the ways to overcome them is very important so that the current and future generation of the corporate leaders or managers can be aware of those issues and raise the possibility for them to implement successful business mod els. The technical product supremacy in the business world of nowadays is no longer enough. Customer experience became the most critical differentiator in the highly competitive business world. This incident made the business competition transforming rapidly from competition of various products to competition of business models. Innovation is playing an important role in business competition. It is not necessarily must be derived through an invention. The technological changes in the production of existing goods, the discovering of the new markets and supply sources, work tailorization and new organizational structure are various innovations that contribute technological advancement. Most of the efforts to replace the technologies will fail in innovation. Value is shifting from products to solutions to experiences nowadays. The products nowadays must meet an expectation or need in order to create great customer experiences. There is no any individual idea or factor that can ensure the win ning in the competition, it requires various elements such as enabling and supporting elements that combined together to create the winning edge. Business model is important because it decides how a company going to approach customers. Adjusting the approach based on the market conditions is not enough because the competitors can do the same thing too. A company needs a wider mindset to make itself extraordinary. A series of continual discussions need to be held between the business and technological experts to come out with a strategic plan which will then be further involves in the planning at tactical level and operational level. The key factor of tactical level is fast decision making in the forever changing business environment. A flexible business model is always better than those rigid funneling and long-span models. In order to enable the success of an innovation for the products, the company needs to ensure people to trust that it is not about something temporary only and the company will make a long term commitment to provide services or helps that might needed for those new products. Many companies would like to rely on their current products in the market rather than continue to make more innovations due to reluctance which is caused by mindset, misleading signals and the illusion of progress. Mindset is the biggest barrier among these three factors, it is often caused by the preoccupied thoughts or offensive satisfaction of a company’s leader about the company itself, behavior of avoiding losses and sunk cost dilemma where people tends to do something which is wrong or not worth it after spent so much on it. Besides that, all the company managers or leaders need to know clearly and accept that no matter how brilliant they had done in their plans and implementations of the business mo dels they might still have high possibility to fail at the end. They need to follow all the disciplines required but at the same time still remain agile and flexible to lower the possibility of failure. As long as they had done all the essential early preparations, failure would not become a disaster for their company. Strategic resilience is what a company needs in order to be successful where company will change according to the conditions of business ecosystem and competitions before it is too late. In order to be resilient, the company needs to get ready for cognitive, strategic, political and ideological challenges. The company leaders should also be aware that workers are still the crucial assets since the system do not do thinking. The title of the journal which is Elements of Sustainable Business Models is not really appropriate since the journal is all about both of the elements and complex barriers for sustainable business models. Our group feels that most of the information given in the journal is believable since the authors had supported it with so many real examples as strong evidences. The authors had made great efforts to help the readers to know and understand about more details regarding business models by inserting many figures and tables into the journal. However, we had found that the figure 2 inside the journal might leads to misunderstanding or confusing of the readers on the first sight because it did not been clearly labelled to show what is the meaning of the size or length of each arrow in the figure. The authors also had been using some words which are not commonly seen such as ‘tailorization’ and ‘tenet’ which might not be understood by many readers. There is a very interesting point inside the journal where the authors state that losses have much larger psychological effect than the same amount of gains on people. We feel that it is really interesting because many businessmen would not notice about that and lower down their fighting spirit when they won in a highly competitive business war. Inversely, if they had lost in a competition they would feel threatened and force themselves to work harder to boost their performance. Besides that, we are strongly agreed with the point of the sunk cost dilemma mentioned by the author inside the journal where people cannot abandon something that they had put so much effort into it. It revealed the real and commonly seen human nature of businessmen where they will normally make mistake by acting emotionally instead of rationally to terminate some projects that would not benefits the company since it had been long running halfway. However, we are disagreed with the statement where the authors says that those companies already facing problem are better off since they are forced to renew because it does not match with the statement of the authors saying that businessmen should be resilient to morph itself before it is forced by a performance crisis. We feel that the companies that only take action after started to face big problems normally would not be succeed because it would most probably always been too late to take any action at that time. There would be only very few companies that might lucky enough to succeed in reality especially in the highly competitive business world of today. As a conclusion, a business model that able to create extraordinary customer experiences is the main key element of winning in the cruel business war of today. Unluckily, every business model has a limited life span and also a surprisingly high risk to be failed in implementing it which somehow might still can be succeed with careful planning and correct timing. The journal can be considered as an excellent journal which might able to influence many readers with plenty of powerful explanations and evidences if all the weaknesses that had been pointed out by us can be modified correctly. The authors may change the title of the journal as ‘Elements and Barriers of Sustainable Business Models’ instead of the earlier one because it is more suitable with the major contents in the journal. On the other hand, the authors should also clearly label in the figure that the length of the each arrow in Figure 2 represents the correct timing of action or process that had been written under it so that the readers can easily understand the figure on the first sight. The authors should also replace those words in the journal which are not commonly seen by most of the readers with some simpler words. For an example, the authors can replace the word ‘tenet’ as ‘principle’ or ‘opinion’.

The Talloires Motivation :: University Improvement Essays

The Talloires Motivation Stewardship: â€Å"development that meets the needs of the present without compromising the ability of future generations to meet their own needs.† Sustainability: â€Å"life that uses nature without bringing harm to it.† The concept of using resources without endangering their future availability is an ideal that only within the past couple decades has gained support within the collegiate world. The severe need for this principle caused twenty-two university presidents and chancellors to convene in 1990 and sign a declaration pledging to support it and advocate its propagation. Recently this document known as the Talloires Declaration was signed locally by President Warren J. Baker representing California Polytechnic State University, an action which he explained in a speech made on his college’s campus. The purpose of this speech was to reinforce the ideals of stewardship and sustainability in our area and indirectly support the Cal Poly Master Plan as an advocate of them in the community. These goals are in his best interest because if achieved they would rally support for Master Plan projects without resistance from parties uneducated to the ultimately beneficial aims of these plans. One way President Baker pointed out signing the Talloires Declaration makes the Master Plan indispensable is that many of the goals of the declaration parallel goals found in the Master Plan. He quoted the Master Plan as â€Å"striving to strike a balance among several principles that we believe are all essential elements of a comprehensive vision of sustainability,† and listed those values as academic excellence, social justice, economic growth and efficiency and environmental protection. Past successful projects he noted are offering degree programs that promote responsible actions when dealing with the environment, the construction of learning centers and institutions that advise and interact with the government on conservation projects, and promoting sustainability and stewardship through founding EARTH university in Costa Rica to alert the world to stewardship and sustainability. These are good examples of the Master Plan and Talloires Declaration working together as t hey show the width and breadth of projects the Master Plan has tackled, and present achievements with visible and positive outcome. These achievements are also well chosen because they are projects that paralleled the ten goals of the Taillores Declaration. Offering degree programs which concentrate on conservation and sustainability is an excellent way to â€Å"Increase Awareness of Environmentally Sustainable Development,† â€Å"Educate for Environmentally Responsible Citizenship,† and â€Å"Foster Environmental Literacy For All† which are goals one, three and four.

The year that was...2000 :: essays research papers

The year that was†¦ 2000 Dubbed â€Å"The Year of the Dragon† by the Chinese, the first year of the 21st century was packed with too many exciting and interesting occurrences to be easily forgotten. Take a trip down memory lane and revel in the year that was†¦2000. NEWS International  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Researchers from two competing teams announced in June that they separately had completed a rough blueprint of all the genes of the human body. The accomplishment was hailed as one of the greatest scientific achievements of all time -- as well as one of the most frightening.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  One of the closest U.S. presidential elections in history was rife with controversy after George Bush was declared the winner Local  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  American journalist, Claudia Kirschoch went missing in Jamaica, apparently on the grounds of Sandals Negril. Accusations have been made that she was partying with some stranger and after that night went missing. From then on a search was launched but she was not found. It is now thought that she either eloped or got murdered.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In July, Jamaica’s first locally cultured test tube baby was conceived and transferred to the patient’s womb at the newly opened in vitro fertility (IVF) laboratory at the University Hospital of the West Indies.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Prince Charles, the Prince of Wales and heir to the British throne visited Jamaica for three days, February 28 to April 1, as a part of his Caribbean tour SPORTS  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Summer Olympics was held in Sydney, Australia. The Jamaican athletes took home 4 silver and 3 bronze medals  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Merlene Ottey was cleared to compete in the 2000 Olympics, after her 2-year suspension by the IAAF, after she tested positive for the steroid nandrolone. ENTERTAINMENT Movies – Some top grossing movies of 2000 1.  Ã‚  Ã‚  Ã‚  Ã‚  Mission Impossible 2 – highest grossing movie of 2000 with worldwide box office returns of 545.4 million 2.  Ã‚  Ã‚  Ã‚  Ã‚  Charlie’s Angels 3.  Ã‚  Ã‚  Ã‚  Ã‚  X-men 4.  Ã‚  Ã‚  Ã‚  Ã‚  Scary Movie 5.  Ã‚  Ã‚  Ã‚  Ã‚  Cast Away Music International  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Internet song-swapping service Napster came under heavy legal fire this year from the five giants of the US recording industry – Warner Brothers, EMI, Sony, BMG, and Universal – who sued to shut down the service, citing alleged copyright infringement.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The tune Who Let the Dogs Out performed by the Bahamen was ridiculously overplayed but it was fun.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Eminem He may be vile, violent, decrepit, insensitive, moronic, misogynistic, homophobic, offensive, and repugnant, but Eminem's ability to throw down rhymes that outraged nearly everyone helped The Marshall Mathers LP rack up massive sales throughout 2000. No one was more controversial.  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Carlos Santana won 9 grammy awards A few more hits of 2000

Reward systems Essay -- essays research papers

CHAPTER 3 Reward systems RESEARCH METHODOLOGY 3.1.  Ã‚  Ã‚  Ã‚  Ã‚  INTRODUCTION The aim of this chapter is to explain, justify and account for the research methodology that has been selected in this study. In conducting the investigation, the researcher intends to proceed from a quantitative-descriptive design. A number of issues related to the research methodology will be extensively discussed below. 3.2.  Ã‚  Ã‚  Ã‚  Ã‚  METHODICAL ACCOUNT (RESEARCH:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   QUANTITATIVE-DESCRIPTIVE) Thyer as cited by De Vos and Fouchà © (1998: 77), defines a research design as a â€Å"blueprint or detailed plan for how a research study is to be conducted – operationalizing variables so they can be measured, selecting a sample of interest to study; collecting data to be used as a basis for testing hypotheses, and analyzing the results.† Hussey and Hussey (1997: 54), also point out that research methodology refers to the overall approach evident in the research process from the theoretical foundation to the strategies that are used in the collection and analysis of the data. So research methodology can be said to indicate the answers to questions as to how research should be designed, structured, approached and executed. In this study, the researcher has opted to conduct his investigation through the quantitative-descriptive paradigm. A randomised cross-sectional survey design will be used to investigate attitudes of employees with regard to reward systems. According to De Vos and Fouchà © (1998: 127), the randomized cross-sectional design is written as follows:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  R O1 Where, R = randomized selected subjects   Ã‚  Ã‚  Ã‚  Ã‚  O1 = administration of the questionnaire It is through the relevant and appropriate quantitative research paradigm that the researcher hopes to conduct a controlled, purposive, accurate, systematic, and scientific research on the impact of reward systems on employee attitudes. The researcher also hopes that the quantitative research approach would enable him to arrive at findings that would have greater validity and less artificiality as a process of measuring the impact of rewards on employee attitudes. 3.3.  Ã‚  Ã‚  Ã‚  Ã‚  RESEA... ... caring professions. Pretoria: J.L. van Schaik. Du Plooy, J.L., Griesel, G.A., and Oberholzer, M.O. (1993). Fundamental pedagogics for advanced students. 4th Edition. Pretoria:Haum. Greengard, S. (2004). Employee surveys: ask the right questions, probe the answers for insight. Workforce management [online], December, 2004, pp76 – 78. Available from: http://www. Workforce.com.html [Accessed 15 April 2005]. Hussey, J and Hussey, R, (1997). Business research: a practical guide for undergraduate and postgraduate students. London:Macamillan Locke, L.F., Spirduso, W.W., and Silverman, S.J. (1993). Proposals that work: a guide for planning dissertations and grant proposals. 3rdEdition. London: Sage Publications. Mancosa. (2003). Research methodology. Study guide diploma in management studies. Durban. Schurink, E.M. (1998). The methodology of unstructured face-to-face interviewing. In De Vos, A.S. (ed.) (1998). Research at grass roots: a primer for the caring professions. Pretoria: J.L. van Schaik. Strydom, H. De Vos, A.S. (1998). Sampling and sampling methods. In De Vos, A.S. (ed.) (1998). Research at grass roots: a primer for the caring professions. Pretoria: J.L. van Schaik.

Hpv Controversy

Whitney Sienko McInnis December 6, 2007 â€Å"HPV Vaccine Controversy† The recent news of a vaccine that could prevent a large percent of cancer deaths in the United States alone would generally be considered a reason to celebrate. However, the current attempts of many states, including the governor of Texas, Rick Perry, to pass an ordinance making it mandatory for preteen girls to have the Gardasil vaccine to protect them from some of the forms of cervical cancer caused by HPV has met a great deal of opposition. The objections to this legislation getting passed are primarily voiced by concerned parents who believe that the vaccination is too new to the market and that the long term effects are still too unknown.. This essay will discuss what genital HPV is and how it causes cancer in women, will describe the Gardasil shot and the attempts to make it a mandatory vaccine inoculation for schools in the United States and will detail both sides of the controversy surrounding it. Though the benefits of this vaccine could greatly outweigh the risks, the governor attempting to force a mandate requiring the vaccine to be given to all sixth grade girls could be considered an imposition on parents’ right to choose what is best for their children. Genital HPV is a sexually transmitted disease that is caused by the human papillomavirus (â€Å"Genital HPV Infectionâ€Å"), a group of viruses that contains more than 100 strains, 30 of which are sexually transmitted. This disease is spread by genital contact, and the carrier generally has no signs or symptoms of the infection. The only way to fully protect oneself from contracting HPV is to have no genital contact with another person. That is why it is no surprise that more than 20 million people currently have this infection and that 50 percent of sexually active persons will contract it at some point in their life. There is no cure for HPV, but it is possible for the infection to go away on its own. Though it is usually an asymptomatic infection, it occasionally causes genital warts and mild discomfort, but the greatest danger of this infection is in the ten identified strains that have been linked to cervical cancer in women. Most of the deaths caused by cervical cancer are in women who did not undergo routine pap smears to check for abnormalities. Since persons infected with HPV rarely show any signs or symptoms of an infection, it is often detected too late if at all. It is estimated by the American Cancer Society that in 2007, approximately 11,150 cases of invasive cervical cancer will be diagnosed in the United States, and, though the death rate is declining every year because of an increase in pap smear testing, cervical cancer will still kill about 3,670 women this year (â€Å"What is cervical cancer? †). Development of a vaccine to protect against HPV began in 1993, and the trials for the Gardasil vaccine itself began in 1997. After only nine years of testing, Merck submitted an application to the FDA for fast-track approval (CQ Researcher 419). It took only four clinical trials before the FDA approved Gardasil (Mendenhall), and the drug was approved by the FDA for only eight months before it was first mandated. Gardasil is used to prevent HPV and the cervical cancers that are caused by certain strains of the virus, such as types 16 and 18 which are responsible for about 70 percent of all cervical cancers diagnosed in the United States (McClain). It also protects against two of the strains that are known to cause genital warts. Gardasil was licensed in June 2006, and within a month states such as Michigan were already proposing to mandate the vaccine for girls as young as eleven. In February 2007, Texas governor Rick Perry ordered the vaccine for sixth-grade girls (â€Å"Texas Plans for Mandatory HPV Vaccine Fuel Controversy† ), only to have more than two-thirds of the Texas House of Representatives vote to rescind the executive order (Lang). In response to the twenty two states that were proposing to mandate this vaccine, Representative Paul Gingrey from Georgia reintroduced the Parental Right to Decide Protection Act (CQ Researcher 419). There are many reasons that this vaccine could be beneficial, not only to our society, but to many of the underdeveloped nations of the world in which HPV and cervical cancer are still considered to be an epidemic (MacDonald). It could save the young women who get the vaccine from the future trouble of ealing with a highly invasive cancer, as well as protect them from the embarrassment that comes with contracting a venereal disease. However, the controversy of this topic is not in whether the vaccine is a benefit to women’s health, which many, including the FDA and the Centers for Disease Control, believe that it is; but in the debate over whether it is the parents’ right, not the states’, to choose what is best for their child. The question of mandatory vaccination raises medical, moral and legal issues that are not easily reconcilable (Lovinger). Many parents are opposed to the mandating of this vaccine for three reasons. First, HPV is not spread by casual contact, as are the other diseases that children are vaccinated against for the safety of the classrooms. Second, the vaccine has only been approved for a short while, thus not all of the side effects and long term effects are known. Last, parents are afraid that by getting their child vaccinated against a sexually transmitted disease they will be encouraging promiscuity. Gardasil would become the first vaccine mandated for school-aged children that targets a microbe spread primarily through sex. (Wallis) Many have questioned whether an STD vaccine should be required for school attendance, since genital HPV is sexually transmitted as opposed to being spread by casual contact. Whooping cough, polio, Hepatitis and measles are just a few of the vaccines that children must already have in order to attend many public schools, and all of these infections are easily spread either by being in contact or close proximity of someone who is infected (CQ Researcher 415). These infections are all rapidly spread and have the possibility of becoming an epidemic at a school, which is the reason that it is necessary for children to have them. You cannot get genital HPV by shaking hands or sitting next to another child in class, so there is insufficient reason for the vaccine to be mandatory for school attendance (CQ Researcher 416). If parents’ would like to willingly give their daughter the shot, then it is a family choice. Also, there is still much uncertainty about the inoculation’s long-term safety and the possibility of dangerous side effects. While the most common complaint by girls that have received the shot is pain at the site of injection, a national watchdog group using the Freedom of Information Act has uncovered more than 1,600 reports to the FDA of â€Å"adverse events† linked to Gardasil, with 371 of those events being ranked as â€Å"serious†. These â€Å"effects† included three deaths from blood clots and heart problems, which Merck was quick to explain away by blaming birth control pills and pre-existing conditions. Other reactions included paralysis, seizures and fainting (McClain). There has also been some debate on the means in which the trials to test the drug were conducted. The clinical studies done only included 1,200 girls under the age of 16. Barbara Loe Fisher, co-founder and president of the National Vaccine Information Center is concerned about these studies as well and she stated, â€Å"That is just not enough information. What is the scientific evidence that it is safe and effective to use in the age group for which it is recommended? If you look at it on balance, it has not been proven. † Diane Harper, director of the Gynecological Cancer Prevention Researcher Group at Dartmouth Medical School called the inoculations â€Å"a great big public health experiment. Many parents are upset at the thought of their children becoming the â€Å"guinea pigs† for this vaccine and are concerned about the many stories that they have heard or read in the news about the possible long-term effects and the side effects that may not be mentioned on the pamphlets at the doctor’s offices (Gulli, George and Intini). Finally, many parents are con cerned that they will be sending the wrong message to their children by giving them a shot to protect against an STD. Some people have raised the issue that we could be sending teenagers the message that we expect them to be sexually active. A study done by the University of North Carolina showed that one in ten parents was concerned that the vaccination would encourage their children to have more sex (â€Å"Will Teenage Girls Have More Sex? †). Though the abstinence based teaching of sexual education in our country falls many times on the deaf ears of the hormone-run youth of society, forcing every student, even those who may not be at risk, to have the Gardasil shot is somewhat extreme. Overall, this is a decision that needs to be made in the home, not in the courtroom. In conclusion, the controversy surrounding this topic is more a battle of family right to choose verses the state government’s level of involvement in the health of our children. Once the vaccine’s long term effects have been more studied and the vaccine has earned a more respected reputation, I believe that people will grow to accept that it is simply another way to protect those that we love from a devastating disease. However, it should be the decision of the parents in cooperation with their child’s physician of when and how to protect our children from such obstacles in life. Though the Gardasil vaccine is a victory in protecting the lives and bodies of women all around the world, forcing nine year old girls to have the Gardasil shot as an obligation to school attendance is overstepping the boundaries between a family’s choice and the will of an unacceptably paternalistic government. Word Count: 1678 Sienko