The three Vandervell cases were concerned primarily Essay Example

The three Vandervell cases were concerned primarily Essay The three Vandervell instances were concerned chiefly with the issue of ensuing trusts. The purpose of this assignment is to reexamine the determinations reached in the three determinations and remark on whether or non these determinations, on contemplation, produced right results. It will see the assorted opinions by the Law Lords and whether or non the opinions produced consistent results. The first of these instances is Vandervell v Inland Revenue Commissioners. [ 1 ] In 1958, Vandervell, the commanding manager and stockholder of VP Ltd, decided to give 100,000 portions in VP Ltd to the Royal College of Surgeons to establish a chair in pharmacological medicine. The portions were presently held by Vandervell’s bank under a bare trust for him. Consequently, he directed the bank to reassign 100,000 portions to the RCS. It was intended that RCS should maintain the portions for a limited period merely, and should release them after having ?150,000 income on the portions by manner of dividends. To guarantee that these portions were non kept by the RCS forever, the College, upon reception of the portions, executed an option in favor of a legal guardian company set up by Vandervell. The footings of the option provided that the College must reassign the portions to the legal guardian company upon the future reception of payment of ?5,000 from the legal guardian company. By 1961 the College had received over ?150,000 in dividends from the portions and so the legal guardian company exercise the option to buy back the portions for ?5,000. The present action was brought by the Inland Revenue Commissioners to retrieve revenue enhancement from Vandervell which had been assessed on the dividends. The inquiry that arose was whether or non Vandervell had owned the portions during the period in which the dividends were declared. The Revenue argued that Vandervell, in directing the bank to reassign the portions to the College, had purported to dispose of his just involvement in the portions but had failed to make so because the temperament had non been made in composing [ 2 ] . We will write a custom essay sample on The three Vandervell cases were concerned primarily specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The three Vandervell cases were concerned primarily specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The three Vandervell cases were concerned primarily specifically for you FOR ONLY $16.38 $13.9/page Hire Writer It was held that by the Godheads that the option has been held by the legal guardian company upon unspecified trusts. In conformity with the axiom equity abhors a vacuity in good ownership, the option could non be permitted simply to stay â€Å"in the air† . Their Lordships held that the benefit of the option must hold been held by the legal guardian company under a resulting trust for Vandervell. In neglecting to stipulate trusts of the option, Vandervell had failed to deprive himself of his just involvement in the option. It followed that he had besides failed to the full to deprive himself of his just involvement in the portions which were the topic of the option. As a consequence, Vandervell was apt to pay revenue enhancement on the dividends, declared on the portions. As a consequence of the Inland Revenue’s claim against him personally, Vandervell, executed a title in 1965 under which he transferred to his legal guardian company all or any right, title or involvement which he might hold in the option, to be held by it on trust for Vandervell’s kids harmonizing to the footings of an bing colony. He so died in 1967. His executors brought the action against the legal guardian company [ 3 ] , claiming that Vandervell had owned the portions for the period between 1961 and 1965. The Inland Revenue was joined to the action and sought to retrieve revenue enhancement from Vandervell’s estate for the period between 1961 and 1965. The Trustee company claimed that the portions should be treated as belonging to the children’s colony. Megarry J held that there are two types of ensuing trusts: â€Å"automatic ensuing trusts† and â€Å"presumed ensuing trusts. [ 4 ] † It was there Lordship’s position, the former arises â€Å"automatically† when some or all of the good involvement in belongings held on an express trust has non been exhausted. In contrast a â€Å"presumed resulting trust† would originate in instances where X buys belongings in Y’s name, or gratuitously transportations belongings to Y. Therefore Megarry identified two chief issues, the first of these was to find whether or non the suspect legal guardian company had taken the option beneficially or on trust. Second, what those trusts were. Having decided that the legal guardian company held the option on trust, his Lordship so asked: â€Å"was the option held on ensuing trust or other trust for Mr Vandervell, or was it held on the trust of the children’s colony? † He concluded that on the above analysis a ensuing trust in favor of Mr Vandervell had arisen: â€Å"I can non see how an purpose non to acquire the portions back can veto a resulting trust if in the event he made no effectual temperament of his good involvement in them and the operation of equity brought them back to him in ways neer considered by him. Whatever may be the place under a presumed resulting trust, I do non see how the donor’s purpose non to hold the good involvement can predominate where the resulting trust is automatic† Megarry J’s position has some support from Lord Upjohn in the first of these instances [ 5 ] when he stated that: â€Å"If A intends to give away all his good involvement in a piece of belongings and thinks he has done so but by some error or accident or failure to follow with the demands of the jurisprudence, he has failed to make so, either entirely or partly, there will, by operation of jurisprudence, be a resulting trust for him of the good involvement of which he has failed effectually to dispose† Megarry J’s analysis was doubted by Lord Brown Wilkinson in West Deutsche Landesbank Girozentrale v Islington London Borough Council, [ 6 ] he claimed that there was no existent difference between the two categories of instance that Megarry J had identified: [ 7 ] â€Å"Megarry J in Re Vandervell’s Trusts ( No 2 ) suggests that a resulting trust of type ( B ) does non depend on purpose but operates automatically. I am non convinced that this is right. If the trustor has expressly, or by necessary deduction, abandoned any good involvement in the trust belongings there is in my position no ensuing trust† He said in the first instance as in the 2nd, Ten transportations legal rubric to belongings to Y and gives nil in return for it. In the first instance as in the 2nd, the infliction of a resulting trust leads to the creative activity of a new just belongings right for X, and as a new right, as Professor Chambers points out â€Å" it can non be explained as the inactiveness of a preexistent good involvement [ 8 ] † It was held, on entreaty from Megarry J, that as a consequence of the exercising of the option by the legal guardian company in 1961, the legal guardian company thenceforth held the portions on trust for the children’s colony. This was because it had been the purpose of Vandervell and the legal guardian company that the portions should be thenceforth held for the benefit of the children’s colony, and the ?5,000 used to exert the option had really been taken from the fund of the children’s colony. It followed that, after the exercising of the option, the share’s did non organize portion of Vandervell’s estate and his estate could non be taxed for the period 1961 to 1965. Lord Denning MR stated that when the option was exercised the â€Å"gap in the good ownership† came to an terminal. The ensuing trust under which the portions had antecedently been held for the benefit of Vandervell ceased to be upon the exercising of the option and the enroll ment of the portions in the name of the legal guardian company. Vandervell and the legal guardian company had, after the exercising of the option â€Å"done everything which needed to be done to do the colony of these portions adhering upon them.† Lord Denning MR, besides held that even if Vandervell had retain an just involvement in the portions after the exercising of the option he would hold been estopped from asseverating his entitlement to those portions as against his kids. Lord Denning said that he could non claim to have the portions holding done everything possible to give them off to the trustee’s of the children’s colony. There are some incompatibilities in the Lord Denning’s opinion. As Watt points out â€Å"Lord Denning MR held that in 1961 Vandervell intended, and did so divest himself of his just involvement in the portions, despite the fact that Vandervell seemingly did non gain until much subsequently that he might hold any just involvement in the portions [ 9 ] † The trouble with Megarry’s differentiation between a presumed and automatic trust is that it is difficult to warrant analytically, and even harder to use in pattern. To state that the ensuing trust arises automatically is to do an averment without any conceptual foundation, it explains simply that such a trust does non originate harmonizing to the settlor’s presumed purpose, it does non explicate, for illustration, why, when a trustor clearly intended to do an straight-out temperament of his belongings, the excess does non go through â€Å"automatically† to the Crown as Bona Vacantia. On the other manus, the job with Lord-Browne Wilkinson’s analysis is that it provides no solution to a instance like Vandervell where Vandervell clearly did non mean to retain the benefit of the portions, but even more clearly did non mean that they should go through to the Crown as bona vacantia. Therefore it can non be said that this instance was decided right, nevertheless a reappraisal of the Air Jamaica Case [ 10 ] , suggests that the Lords of the position that this determination was right, and revealed a return to the place adopted by Megarry and Lord Millet said: â€Å"Like a constructive trust, a ensuing trust arises by operation of jurisprudence, though unlike a constructive trust it gives consequence to purpose. But it arises whether or non the transferor intended to retain a good involvement – he about ever does non – since it responds to the absence of any purpose on his portion to go through a good involvement to the receiver. It may originate even when the transferor positively wishes to portion with the good interest† In the concluding analysis it is concluded that whilst the determination in Vandervell was non an ideal solution to the jobs raised, it is possibly the most suited solution to the trouble of ensuing trusts. It has been said that possibly the best solution to this trouble is in bar and non remedy ; decently constructed trusts will allege the demand for such determinations to be made. In the absence of such bar, the determinations reached in Vandervell produce the right result, the return to the Vandervell place in the Air Jamaica instance support this decision. Bibliography Legislation Law of Property Act 1925 Cases Air Jamaica Limited v Charlton [ 1999 ] 1 WLR 1399 Re Vanderell’s Trust ( No 2 ) [ 1974 ] 1 ALL ER 47 Vandervell V IRC [ 1967 ] 1 ALL ER 1 Vandervell v Inland Revenue Commissioners [ 1967 ] 2 AC 291 West Deutsche Landesbank Girozentrale v Islington London Borough Council [ 1996 ] A C 669 Journal Articles Chambers R, ( 2000 ) â€Å"Resulting Trusts in Canada† , Alberta Law Review 379 Millet, ( 1998 ) â€Å"Restitution and Constructive Trusts† , Law Quarterly Review 114 399 Books Birks P, ( 2002 ) , â€Å"Receipt in Breach of Trust† , Hart Publishing, Oxford Hayton D A ; Mitchell C ( 2005 ) â€Å" The Law of Trusts and Equitable Remedies† , Twelfth Edition, Thomson Sweet A ; Maxwell Ramjohn M, ( 2004 ) â€Å"Cases and Materials on Trusts† , Third Edition, Cavendish Publishing Riddall J G, ( 2002 ) , â€Å"The Law of Trusts† , Sixth Edition, Butterworths, Lexis-Nexis Todd P A ; Watt G ( 2003 ) , â€Å"Cases and Materials on Equity and Trusts† , Fourth Edition, Oxford University Press Watt G, ( 2004 ) â€Å"Trusts† , Oxford University Press

How To Pitch Using CoSchedule To Organize Your Marketing To Your Boss

How To Pitch Using To Organize Your Marketing To Your Boss Alright. So you’re convinced is THE tool for you. You’ve done the research†¦ You’ve set up your calendar†¦ You’ve got your team fired up and now you’re ready to get some REAL work done. Only problem: convincing your boss to hand over that company card willingly :) While you might see as your personal LIFESAVER, convincing your boss that it’s worth the coin, may take a bit more finesse. Thankfully, as a marketer†¦. You have a KNACK for selling (like it or not, it’s what you do) and this scenario is no different. In order to sell to your boss†¦ You gotta’ speak in terms they care about:  money, time, and results. So, from one marketer to another, here are three key talking points to get your boss onboard. SAVES You Time Your time is valuable, and as a savvy marketer with intelligent, creative, and highly sought after skills, energy spent on mundane, repetitive tasks are a time suck. According to Mckinsey reports, the average worker spends 28% of their work week managing emails, plus an additional 20% looking for internal information or tracking down colleagues who can help with specific tasks. That’s nearly HALF of your week spent trying to coordinate on a project!? Time you could’ve spent actually moving forward on your projects...driving traffic to your blog...generating leads for your company...anything! Mini Exercise for Your Boss: Imagine a world where.... You eliminate information silos (and hours of unnecessary meetings)†¦. You easily share files, comments, and project details with everyone on the team (never missing an important detail because someone forgot to hit â€Å"reply all† or the file simply â€Å"disappeared†)... And you get projects done wicked fast, driving TONS of traffic, and LEADS to your website†¦ Too good to be true?... think again. With , all your collaboration happens in ONE PLACE. You can eliminate the email threads, multiple files shared in multiple areas, and keep everyone on the same page... ...literally saving you 20 hours, EVERY week. That’s 20 hours you can be utilizing to: Write a 2000 word blog post that generates 20% more subscribers Publish and manage FB ads that drive the RIGHT leads back to your site Write a landing page that spreads the NEWS about your podcast series Host a webinar teaching your audience â€Å"How to Market Your Business on X Topic† Create a mini-video series to share (and nurture) your email list Or build out a promotion plan for your NEXT ebook The point is... By saving time on the mechanics, you give yourself (and your team) the ability to work on what MATTERS, move projects forward, and SHIP faster.

Shark Facts

Shark Facts There are several hundred species of sharks, ranging in size from less than eight inches to over 65 feet, and native to every marine environment around the world. These amazing animals have a fierce reputation and fascinating biology. Fast Facts: Sharks Scientific Name: ElasmobranchiiCommon Name: SharksBasic Animal Group: FishSize: 8 inches to 65 feetWeight: Up to 11 tonsLifespan: 20–150 yearsDiet:  CarnivoreHabitat: Marine, coastal and oceanic habitats worldwideConservation Status: 32% are Threatened, with 6% as Endangered and 26% as Vulnerable on a global basis; 24% are Near Threatened Description A  cartilaginous fish  has a body structure formed of cartilage, instead of bone. Unlike the fins of bony fishes, the fins of cartilaginous fish cannot change shape or fold alongside their body. Even though sharks dont have a bony skeleton like many other fish, they are still categorized with other vertebrates in the Phylum Chordata, Subphylum Vertebrata, and Class Elasmobranchii. This class is made up of about 1,000 species of sharks, skates, and rays. Sharks teeth don’t have roots, so they usually fall out after about a week. However, sharks have replacements arranged in rows and a new one can move in within one day to take the old one’s place. Sharks have between five and 15 rows of teeth in each jaw, with most having five rows. A shark has tough skin that is covered by dermal denticles, which are small plates covered with enamel, similar to that found on our teeth. Stephen Frink/Iconica/Getty Images Species Sharks come in a wide variety of shapes, sizes and even colors. The largest shark and the largest fish in the world is the whale shark (Rhincodon typus), which is believed to reach a maximum length of 65 feet. The smallest shark is thought to be the dwarf lantern shark (Etmopterus perryi), a rare deep-sea species which is about 6 to 8 inches long. Habitat and Range Sharks are found from shallow to deep sea environments, in coastal, marine and oceanic environments the world over. Some species inhabit shallow, coastal regions, while others live in deep waters, on the ocean floor and in the open ocean. A few species, such as the bull shark, move easily through salt, fresh and brackish waters. Diet and Behavior Sharks are carnivores, and they primarily hunt and eat fish, sea mammals like dolphins and seals, and other sharks. Some species prefer or include turtles and seagulls, crustaceans and mollusks, and plankton and krill in their diets. Sharks have a lateral line system along their sides which detects water movements. This helps the shark find prey and navigate around other objects at night or when water visibility is poor. The lateral line system is made up of a network of fluid-filled canals beneath the shark’s skin. Pressure waves in the ocean water around the shark vibrate this liquid. This, in turn, is transmitted to jelly in the system, which transmits to the shark’s nerve endings and the message is relayed to the brain. Sharks need to keep water moving over their gills to receive necessary oxygen. Not all sharks need to move constantly, though. Some sharks have spiracles, a small opening behind their eyes, that force water across the shark’s gills so the shark can be still when it rests. Sharks that do need to swim constantly have active and restful periods rather than undergoing deep sleep like we do. They seem to be â€Å"sleep swimming,† with parts of their brain appearing less active while they remain swimming. David Jenkins/Robert Harding World Imagery/Getty Images Reproduction and Offspring Some shark species are oviparous, meaning they lay eggs. Others are viviparous and give birth to live young. Within these live-bearing species, some have a placenta just like human babies do, and others do not. In those cases, the shark embryos get their nutrition from a yolk sac or unfertilized egg capsules filled with yolk. With the sand tiger shark, things are pretty competitive. The two largest embryos consume the other embryos of the litter.   While nobody seems to know for certain, it has been estimated that the whale shark, the largest shark species, can live up to 150 years, and many of the smaller sharks can live between 20 and 30 years. Some sharks actually lay eggs while others give birth. Cludio Policarpo / EyeEm  / Getty Images   Sharks and Humans Bad publicity around a few shark species has doomed sharks in general to the misconception that they are vicious man-eaters. In fact, only 10 out of all the shark species are considered dangerous to humans. All sharks should be treated with respect, though, as they are predators, often with sharp teeth that could inflict wounds (especially if the shark is provoked or feels threatened). Threats Humans are a greater threat to sharks than sharks are to us. Many shark species are threatened by fishing or bycatch, which lead  to the deaths of millions of sharks each year. Compare that to shark attack statistics- while a shark attack is a horrifying thing, there are only about 10 fatalities worldwide each year due to sharks. Since they are long-lived species and only have a few young at once, sharks are vulnerable to overfishing. Many are caught incidentally in fisheries targeting tunas and billfishes, and a growing market for shark fins and meat for restaurants is also impacting different species. One threat is the wasteful practice of shark-finning, a cruel practice in which the sharks fins are cut off while the rest of the shark is thrown back in the sea.   The shark fin trade is one of the threats humans pose towards sharks.   IN2 Focus Media/Getty Images   Conservation Status The International Union for Conservation of Nature (IUCN) has assessed over 60 species of pelagic sharks and rays. About 24 percent are classed as Near Threatened, 26 percent are Vulnerable, and 6 percent Endangered on a global basis. About 10 are classed Critically Endangered. Sources Camhi, Merry D. et al. The Conservation Status of Pelagic Sharks and Rays: Report of the IUCN Shark Specialist Group Pelagic Shark Red List Workshop, Oxford, IUCN, 2007.Kyne, P.M., S.A. Sherrill-Mix, and G. H. Burgess. Somniosus microcephalus. The IUCN Red List of Threatened Species: e.T60213A12321694, 2006.Leandro, L. Etmopterus perryi. The IUCN Red List of Threatened Species: e.T60240A12332635, 2006.Pierce, S.J. and B. Norman. Rhincodon typus. The IUCN Red List of Threatened Species: e.T19488A2365291, 2016.Shark Facts. World Wildlife Fund.Simpfendorfer, C. Burgess, G.H. Carcharhinus leucas. The IUCN Red List of Threatened Species: e.T39372A10187195, 2009.

Mobile Computing and Social Networking Essay Example | Topics and Well Written Essays - 1000 words - 1

Mobile Computing and Social Networking - Essay Example regards the transmission of personal medical information over wireless networks, and assessing the use of social networking for group support for patients with similar medical concerns. Firstly, with regards to comparing and contrasting the monitoring of patient vital signs using mobile computing technology to inpatient visits, it can immediately be noted that a massive amount of time can be saved with regards to such a monitoring process. Due to the fact that only the data will need to be analyzed and the patient himself/herself is not present at the doctor’s office, it is possible for the doctor/doctors in question to analyze and keep track of a great many more patients than they might be able to otherwise. With employees shortages evidenced in nearly each and every healthcare sector, this is a positive aspect that could be furthered in the future. However, with regards to some of the negatives that such an approach could generate, it must be noted that the responsibility of measurement and/or sustainment of the device/devices in question used to report this information would ultimately be in the hands of the end patient. Whereas in the doctor’s office a team of medical support staff are able to ensure that proper measurements are being affected, quite a different situation entirely is evidenced with regards to a patient being responsible for utilizing equipment in the correct way. In effect, the veracity of the information and key environmental factors must be taken into account with regards to the inference which can be drawn from the date of which is perceived. Similarly, an analysis of the advantages and disadvantages of using mobile computing technology to monitor patients will herein be engaged. With regards to the advantages which could be realized, it is necessary to note that a massive level of cost savings could be generated by maximizing time that the medical professionals have to devote to each subset of data. Whereas it is important to have personal contact and a discussion of complicated factors with the patient in question, oftentimes this personal contact eats in to the time that the medical professionals have to analyze key healthcare data that could otherwise be leveraged to make a positive overall impact upon the health of the individual. However, the converse view of this particular situation is one in which an impersonal and removed relationship exists between the healthcare professionals and patients. Although it is no doubt beneficial to maximize healthcare professionals time and increase the veracity of the information and data which can be accrued regarding file signs and healthcare information, achieving this at the risk of creating such an impersonal relationship between doctor and patient is a risk that carries a great deal of negative repercussions. Anytime a technology is employed it is necessary to consider the means by which security concerns can impact upon the way in which a particular

Business and Project Management , in a format of Questions-Answers Essay

Business and Project Management , in a format of Questions-Answers - Essay Example In this regard, Supportive PMO can be implemented in the Green Bull company. Moreover, Directive PMO main duty is to manage the personnel in a directive manner, establish the project in such a manner that the quality of the project can be maintained for long time. Encouraging the work force and direct them in a consistent manner is the part of directive. Maintaining high professional standard for sustainability in the future is another important aspect that can be implemented by the company. Controlling is another important characteristic of PMO. To control the projects, PMO have to adopt some methodology, rules for the betterment of current project, which makes the project more successful than previous. Through controlling PMO has lodged triumph for the future (Cavallaro, 2013). Therefore, Green Bull has been implementing PMO who have these three characteristics. Notably, these three characteristics generate a successful PMO. PMO is the ultimate person who can assure quality for overall products. As per the information, Green Bull has already completed five years in the market, and it has chain of known consumers who consume its products (Codling, 1995; Week 5, B_PM_Lecture_Slides_05_Part_2_2013). In the organization PMO is the only person who interacts with both higher authority as well as bottom level employees. In the matrix organizational structure PMO is positioned after the top-level management, and connects all departments of the organization. Therefore, Broad of Directors has been considered that recruiting PMO in the organization might create a risk for the overall process. Top-level managers have been considering different kind of risks due to this aspect. These are that PMO may increase the total head count and increase head counts misbalance in the work level. Decreased head counts are more suitable for quality production management. Part time PMO is more useful

Explain the Differences Between Panglosss Philosophy Essay Example for Free

Explain the Differences Between Panglosss Philosophy Essay Pangloss’s philosophy of life is that all is for the best in the â€Å"best of all possible worlds. † This optimistic philosophy actually is the key element of Voltaire’s satire. Pangloss’s philosophy is against the ideas of the Enlightenment period. Pangloss believes that a powerful God had created the world and that, therefore, the world must be perfect. When creatures of the world, see something as wrong or evil, it is because they do not understand the ultimate good that will come out of it. Voltaire satirically shows the reader that Pangloss is not a believable character. Voltaire illustrates this by showing us that he keeps his optimistic thought even when he is imprisoned. Pangloss ignores any evidence that contradicts his initial opinion. He also uses illogical arguments to support his beliefs. Pangloss’s philosophy tries to impose a passive attitude toward all that is wrong in the world. If the world is the best one possible, then there is no reason to make any effort to change things. Martin is more believable than Pangloss, not because he is more sophisticated, but because he is smarter and more likely to draw conclusions with which we can identify. Martin had been robbed by his wife and beaten by his son and deserted by his daughter and also lived financial setbacks, and therefore he’s a pessimist whereas Pangloss is an optimist. He uses his experiences to judge the world whereas Pangloss was merely using a theory. As a result, Martin is more insightful than Pangloss to foresee events that will happen. Even though Martin’s philosophy is more believable than Pangloss’s, he’s still not good at predicting how some people will behave because his philosophy is coming from extreme pessimism. Therefore it might not be wrong to say that Voltaire is trying to prove that we need flexible thought in our lives based on real evidence. Both philosophers will ultimately fail because there’s no room for exceptions in their beliefs. Candide starts his journey with the influence of Pangloss’s belief of â€Å"best of all possible worlds†. Pangloss and Candide, suffer and witness a wide variety of horrors and tragedies together. During these tragedies, Pangloss’s s philosophy proves to be useless and even destructive at the end, because it prevents them from making realistic judgments. For example while Jacques was drowning, Pangloss doesn’t let Candide save him by saying that the bay of Lisbon had been formed for this Anabaptist to drown in. Also when Candide was buried under the rubble of the Lisbon earthquake, he asked for oil and wine because he was dying, but Pangloss ignored him and still tried to reason with the causes of the earthquake. At the end Candide rejects his philosophy of optimism and as he and his servant Cacambo travel and go through more horrors, Candide starts believing a pessimistic view of life. When Candide meets Martin, they set sail together and Martin is just the opposite of Pangloss. He does not believe that everything is for the best in this world. Even though Candide tries to oppose Martin by talking about free will but it does not solve the problem of presence of evil in the world. In general, Martin’s arguments seem more reasonable than Pangloss’s ideas. But, like Pangloss, Martin believes so firmly in his own view of the world that he is not flexible and usually dismisses real evidence that contradicts his philosophy. When Candide cannot find Cunegonde, Martin shows the bad influence of his pessimism. Instead of attempting to comfort his friend, Martin uses Candide’s distress to further confirm his own world-view. Just like Pangloss’s optimism, Martin’s pessimism also keeps him from taking initiative to improve the world.

Hyperkinetic Children :: essays research papers

Hyperkinetic Children Hyperkinetic is just another word for Hyperactive. Hyperactivity describes children who show numerous amounts of inappropriate behaviors in situations that require sustained attention and orderly responding to fairly structured tasks. Humans who are hyperactive tend to be easily distracted, impulsive, inattentive, and easily excited or upset. Hyperactivity in children is manifested by gross motor activity, such as excessive running or climbing. The child is often described as being on the go or "running like a motor", and having difficulty sitting still. Older children and adolescents may be extremely restless or fidgety. They may also demonstrate aggressive and very negative behavior. Other features include obstinacy, stubbornness, bossiness, bullying, increased mood lability, low frustration tolerance, temper outbursts, low self-esteem, and lack of response to discipline. Very rarely would a child be considered hyperactive in every situation, just because restraint and sustained attentiveness are not necessary for acceptable performance in many low-structure situations. Many parents rate the onset of abnormal activity in their child when it is and infant or toddler. Abnormal sleep patterns are frequently mentioned, the child objects to taking naps, he also seems to need less sleep, and becomes very stubborn at bedtime. Then, when the child is seemingly exhausted, hyperactive behavior may increase. Family history studies show that hyperactivity, which is more common in boys than in girls, may be a hereditary trait, as are some other traits (reading disabilities or enuresis-bed wetting). Certain predisposing factors affect the mother, and therefore the child, at the time of conception or gestation or during delivery. Included are radiation, infection, hemorrhage, jaundice, toxemia, trauma, medications, alcohol, tobacco, and caffeine. The course of the syndrome typically spans the 6-year to 12-year age range. In many classrooms, children who display inappropriate overactivity (restlessness, moving around without permission) , attention deficits (distractible by task-irrelevant events, inability to sustain attention to the task) , and impulsivity (making decisions and responses hastily and inaccurately, interrupting and interfering with classmates and the teachers) are likely to be identified as hyperactive. The diagnosis of hyperactivity is usually suggested when parents and teachers complains that a child is excessively active, behaves poorly, or has learning difficulties. However, there is no specific definition or precise test to confirm that a child is hyperactive. This syndrome is most frequently recognized when the child cannot behave appropriately in the classroom. There are three characteristic courses. In the first, all of the symptoms persist into adolescence or adult life. In the second, the disorder is self-limited and all of the symptoms disappear completely at puberty. In the third, the hyperactivity disappears, but the attentional difficulties and impulsivity persist into adolescence or adult life.

McDonald’s quality service

McDonald’s quality service is very evident in every outlet it has all over the world. Arguably, serving its customers in an apt and courteous manner, each customer whenever not satisfied is aptly attended to. This is one standard protocol which is implemented in each McDonald’s restaurant. Each crew member is trained and oriented by the head store manager and its store area managers, in order to be efficient in handling the needs of its various customers. In able to make speedy service possible and to ensure accuracy and security, many fast food restaurants have incorporated hospitality point of sale systems (Ray Kroc, Grinding it out: The Making of McDonald’s, 1977). This makes it possible for kitchen crew personnel to screen orders place at front counter and drive through at the actual time. Wireless systems allow orders placed at drive through speakers to be taken by cashiers, as well as kitchen personnel. Drive-through and walk through configurations will allow orders to be taken at one register and paid at the succeeding window. Modern point of sale systems can operate on computer networks using a wide array of software programs. Sales records can be generated and remote access to computer reports can be given to corporate offices, managers, troubleshooters, and some authorized personnel. With this in mind, quality service at McDonald’s is assumed and secured for the betterment of its loyal customers and the company as well. While fast food restaurants usually have a dining area in which customers can eat the food on the premises, some orders are designed to be taken away, and traditional table service is rare. Orders are generally taken and paid for at a wide counter, with the customer waiting by the counter for a tray or container for their food. A â€Å"drive-thru† service can allow customers to order and pick up food from their cars. Nearly from its inception, fast food has been designed to be eaten â€Å"on the go† and often does not require traditional cutlery and is eaten as a finger food (Ray Kroc, Grinding it out: The Making of McDonald’s, 1977). Common menu items at fast food outlets include fish and chips, sandwiches, pitas, hamburgers, fried chicken, french fries, chicken nuggets, tacos, pizza, and ice cream, although many fast-food restaurants offer â€Å"slower† foods like chili, mashed potatoes, and salads. The quality service of McDonald’s doesn’t end there. The company gives a premium on each customer’s health in order to reciprocate the loyalty a customer gives to the company. Some of the large fast food chains are beginning to incorporate healthier alternatives in their menu as well. For instance, white meat, snack wraps, salads and fresh fruits are made available. However, some people see these moves as a tokenistic and commercial measure, rather than an appropriate reaction to ethical concerns about the world ecology and people's health. McDonald's announced that in March of 2006, the chain would include nutritional information on the packaging of all its products. Yet amidst the quality service that the company provides, some customers and lobbyists are not contented with what the prominent fast food chain does to suit the various needs of its customers. Because of commercial emphasis on speed, uniformity and low cost, fast food products are often made with ingredients formulated to achieve a certain flavor or consistency and to preserve freshness. This requires a high degree of food engineering, the use of additives and processing techniques substantially alter the food from its original form and reduce its nutritional value. Wal-Mart The Wal-Mart Neighborhood Market is chain of grocery stores launched by Wal-Mart in 1998. These stores are designed to be the opposite of vastly enormous superstores. These smaller stores are supposed to entice shoppers with easier parking, less crowded aisles and faster checkout.   Neighborhood Market stores offer a wide variety of products that includes a full-line of groceries, pharmaceuticals, health and beauty aids, photo developing services, and a limited selection of general merchandise. Generally, located in markets with Wal-Mart Supercenters, they supplement Wal-Mart's strong food distribution network. As of May 31, 2007, there were 118 Neighborhood Markets in the United States. Yet customer service has also gone downhill in a big way. For instance, a   customer waited over a half hour for someone to come and assist me in the bicycle department, finally leaving because no one could be bothered. One of the cashiers called and called for assistance to no avail. The woman in the infant department, which she believed to be the department head, that wouldn't even begin to try to get me a price on an unmarked car seat. She told the customer that it must be the same price as another seat which was nearby that was clearly a better quality, more expensive seat. The Customer feel like the people of this area are being taken advantage of and being treated poorly because of the fact that places to shop are so limited here. Half of the time some people can't find what they are supposed to be looking for, simply because it isn't in stock anymore. You can forget about finding any decent shoes. What has happened to the quality at Wal-mart? I know many people who share my feelings about the way Wal-mart has become, and many of us are considering paying a little more elsewhere to get the service and quality that we prefer. Furthermore, their idea of â€Å"merchandising† has increasingly gotten so cheap and sloppy. If you're looking for let's say sunglasses, don't dare imagine that they'd all be in the same logical area — they are scattered on strips hung at end of aisles in practically any department. How do they control their inventory? Now their inventory approach would be confidential and unpredictable, after all it is Wal-Mart, not Nordstrom's. The apathy at Wal-Mart is not proper. You are then left to â€Å"fend for yourself† at the â€Å"baggage carousel† and hope that you retrieved all your bags, as the next order is already hot on your heels. With this in mind, some customer would rather shop on Wal-Mart online. This gives the customers a convenient way of shopping with the use of the internet. It is practical for some people who spent most of their time at home. One simply can browse through the variety of products by choosing a category. For customers, this is a hassle-free and not time consuming at all. The customer spares himself from some obnoxious employees that cannot attend to you whenever you need assistance to find a certain product. Yet this is not a solution to the demands of customers. Quality service must be assured in every Wal-Mart store. The company must set standard protocols for an employee to perform their job in an objective manner. Perhaps, Wal-Mart is not even considering such yet they have quality assurance with the products that they sell. So, why not imply quality assurance with regards to employee-customer relationships? Wal-Mart is like the â€Å"McDonald’s† of department stores because they customer satisfaction and quality service are overlooked and not given proper attention by its company executives. For the employees to perform their job well, the company executives should not hire them simply for the sake of having personnel at their prominent department store. References: Ray Kroc, Grinding it out: The Making of McDonald’s, 1977 Wal-Mart 2006 Annual Report, 2006                        

Project Management Body of Knowledge Essay

The PMBOK is an IEEE standard pioneered by PMI that provides the essentials of project management to successfully complete the project. Out of the nine knowledge areas I think these three areas are the most important and if these are managed well the trade show would be very effective. 1. Project Time Management A project is considered winning only if it is delivered on time and in that case only, it earns proper attention in terms of business and visitors. A project needs to be divided into various small tasks and each task must be linked together using two strategies of logical relationship between the tasks and the estimated time. Furthermore the sequence of flow of the tasks defining dependency of tasks on each other is important in this regard. The priority of tasks must also be considered while time managing the project. Milestones must be set to follow the time management properly; these milestones may include the following:  · The start and finish of a project  · Completion of major deliverables  · Formal reviews  · Key events such as presentations If this area of PMBOK is missed then the project would not be delivered on time and would definitely lose its value and if it is still delivered the quality of the trade show would definitely have been deteriorated. 2. Project Human Resource Management To manage most projects, another most important area is human resource management. To organize a trade show a number of people having expertise in various areas are needed and effectively managing them so that maximum output form the employed people is taken is a key to a successful project. The frustrated project managers are usually found saying that they need more resources, but even with more resources the problem doesn’t get solved, adding more resources may even complicate the problem. The key to it is to systematically analyze the project human resource requirement, which in turn make possible effective project completion in a timely and neatly manner (Meredith & Mantel, 2008). Key practices to improve the human resource management are  · List the people with the tasks (in a Gantt chart)  · Find out If the same person is listed as the owner of the most of the tasks  · Find out if The same person is listed as owner of the same parallel tasks  · Find out if The any person has been barely listed  · Find out if The Many tasks are stacked up in parallel  · Find out if Those tasks which don’t have owners If the proper HRM is not a practice, Firstly Cost of project would be increased and secondly rift between the several members of the team may result leading to the total failure of the project. 3. Project Communications Management To organize an effective event the communication between the various members of the team need to have effective communication between them. Large projects such as tradeshow generate a large amount of communication. Proactively determining the mode of communication between the team members and how often would that communication takes place would be an important time saver, some teams agree to use email for formal and non urgent matters and voice mail/ phone call for urgent matters. Another way is to give responsibility to someone who would be responsible for communicating information to the senior managers. Trade show, like all other projects, needs to establish its own communication strategy depending upon the people involved and the cost (Kerzner, H. (2005). Ineffective communication would incur considerable increase in cost to the project and things would happen but in a haphazard manner with often conflicts occurring within the team and same tasks done repeatedly by several members resulting in wastage of time.

Apa Reference Examples Essays

Apa Reference Examples Essays Apa Reference Examples Essay Apa Reference Examples Essay Bosshardt, W. , Van Der Klaauw, W. , Watts, M. (2011). Economics coursework and long-term behavior and experiences of college graduates in labor markets and personal finance. Economic Inquiry, 49(3), 771-794. Atkinson, B. , Heath, A. , Chenail, R. (1991). Qualitative research and the legitimization of knowledge. Journal of Marital and Family Therapy, 17(2), 175-18. Battistelli, A. , Galletta, M. , Portoghese, I. (2012). Mindsets of commitment and motivation: interrelationships and contribution to work outcomes. The Journal of Psychology, 147(1), 17-48. Benjamin, B. O’Reilly, C. (2011). Becoming a Leader: Early career challenges faced by MBA graduates. Academy of management learning education, 10(3), 452-472. Brewer, K. L. , Brewer, P. D. (2012). Influencing variables and perceptions regarding MBA degree programs. Academy of Educational Leadership Journal, 16(4), 27-38. Brown, D. J. , Cober, R. T. , Kane, K. , Levy, P. E. , Shalhoop,J. (2006). Proactive personality and the successful job search: A field investigation with college graduates. Journal of Applied Psychology, 91(3), 717-726. Brown, S. D. , Fischer, A. , Nord, D. Solberg, V. S. (1995). Career Decision-Making and career Search Activities: Relative effects of career search self-efficacy and human agency. Journal of Counseling Psychology, 42(4), 448-455. Bruce, G. (2010). Exploring the value of MBA degrees: Students’ experiences in full- time, part-time, and executive MBA programs. Journal of Education for Business, 85, 38-44. Corner, J. (1991). In search of m ore complete answers to research questions: Quantitative versus qualitative research methods is there a way forward? Journal of Research, 16, 3, 718-727. Crant, J. M. (2000). Proactive behavior in Organizational. Journal of Management, 26, 435-462. Crede, M. , Kuncel, N. (2008). Study habits, skills, and attitudes: The third pillar supporting collegiate academic performance. Perspectives on Psychological Science, 3, 425-453. de Leeuw, E. D. (2008). Choosing the method of data collection. In E. D. de Leeuw, J. J. Hox, D. A. Dillman (Eds. ), International handbook of survey methodology (pp. 113-135). Mahwah, NJ: Lawrence Erlbaum. Duffy , M. E. (1985). Designing research the qualitative –quantitative debate. Journal of Advanced Nursing, 11, 3, 225-232. Eisner, S. (2010). Grave new world? Workplace skills for today’s college graduates. American Journal of Business Education, 24-27. Fink, A (2009). How to conduct Survey; a step by step guide. Thousand Oaks, California: SAGE. Griffin, R. , MacKewn, A. , Moser, E. , Van Vuren, K. W. (2012). Learning skills and motivation: correlates to superior academic performance. Business Education Accreditation 5(1). Howard, C. M. , Schnusenberg, O. (2012). Student preparation and personality traits in the job market. Academy of Educational Leadership Journal, 16, 35-53. Kardam, B. L. Rangnekar, S. (2012). Job satisfaction: Investigating the role of experience education. Journal of Arts, Science Commerce, 4(1), 16-22. Khan, N. S. , Riaz, A. , Rashid, M. (2011). The impact of work content, working conditions, career growth on employee motivation. Interdisciplinary Journal of contemporary research in business, 3(3), 1428-1434. Meila, K. M. (1982). Qualitative methodology. Journal of Advanc ed Nursing, 7, 4, 327-335. Meyer, J. P. , Becker, T. E. , Vandenberghe, C. (2004). Employee commitment and motivation: A conceptual analysis and integrative model. Journal of Applied Psychology, 89, 991-1007. Putman, D. B. (2002). Job satisfaction and performance viewed from a two dimensional model, The Journal of Defense Software Engineering, 26-28. Ridgell, S. , Lounsbury, J. (2004). Predicting academic success: general intelligence, â€Å"Big Five† personality traits, and work drive. College Student Journal, 38(4), 607-618. Rowden, R. W. (2002). The relationship between workplace learning and job satisfaction in US small midsize businesses, Human Resource Development Quarterly, 13(4), 407-25. Swaminathan, S. , Jawahar, P. D. (2013). Job satisfaction as a predictor of organizational citizenship behavior: An empirical study. Global Journal of Business Research, 7(1) 71-80. Tantiverdi, H. (2008). â€Å"Worker’s job satisfaction and organizational commitment: Mediator variable relationship of organizational commitment factors’, The Journal of American Academy of Business, 14. Tanyel, F. , Mitchell, M. A. , McAlum, H. G. (1999). The skill set for success of new business school graduates: Do prospective employers and university faculty agree? Journal of Education for business, 35.

Analysis of the Link between Violence in Media and Positive Behavior in Children

Analysis of the Link between Violence in Media and Positive Behavior in Children Argument Analysis: A Closer Look at Violent Media The article â€Å"Violent Media is Good for Kids† by Gerad Jones argues that violent media can have positive effects on children. Violent media, much like the title already states, can be good for children. Jones gears his paper to an audience of parents, educators, or other adults that generally think violent media is harmful and has negative effects on children. Throughout the paper, Jones discusses success stories of children he has personally worked with. Violent media is often thought of as deleterious to children. Gerad Jones however, an acclaimed comic book author, begs to differ. Jones’s use of emotional persuasion, diction and establishment of credibility allows him to successfully convince those that believe violent media is harmful to children that violent media does in fact have positive effects on children. Jones is successful in using diction to create an emotional appeal, which ultimately benefits his argument that violent media is good for kids. Jones begins his article with a narrative on his more formative years as a young boy. Jones explains how his parents believed violent mediums were harmful to children, much like the members of his audience. The narrative continues on explaining that the lack of violent mediums in Jones’s life made him hide his â€Å"deepest fears and desires under a nice-boy persona† (par. 1) because his parents â€Å"built a wall between [him] and the crudest elements of American pop culture† (par. 1). The beginning of Jones’s narrative employs a strong use of pathos to connect emotionally with his audience. A sense of sadness is conjured when reading that Jones covered up his true feelings under â€Å"a nice-boy persona.† It is generally agreed that young children should not cover up their feelings, but it is instead healt hier to show how you feel. Therefore reading that Jones hid his true feelings implies that as a 13-year-old boy, Jones was not in a healthy and happy state of mind, thus creating a feeling of sadness. The use of the word â€Å"wall† between Jones and violent media is also unsettling because of the images and connotations the word â€Å"wall† evokes. A wall implies isolation and imprisonment. The audience will view the word â€Å"wall† as Jones being confined against his own good, thus again creating a sense of sadness and pity for adolescent Gerad Jones. This emotional appeal successively forces the audience to re-think if isolating a child from violent media beneficial. In order for the audience to be receptive of Jones’s argument, Jones establishes his credibility by referencing appropriate sources and narrating his personal success stories. Jones cites a doctor of psychology, Melanie Moore, to support his claim that violent media is beneficial to children. Moore explains that feelings like â€Å"fear, greed, power-hunger, rage† (par. 7) are normal human aspects and they can be â€Å"experienced vicariously through stories of others† (par. 7) through violent media. Moore continues to argue â€Å"children need violent entertainment in order to explore the inescapable feelings that theyve been taught to deny† which ultimately results in a â€Å"more resilient self-hood† (par. 7). Referencing a doctor of psychology creates credibility for Jones’s argument because it is generally agreed that a doctor of psychology has vast knowledge and understanding of human emotions and things that can affect human emotions. Moore’s statements parallel Jones’s argument, thus making the argument that violent media is good for children more believable and credible. However, Moore is also Gerad’s research partner. This could cause Moore to have some inherent bias, which would lower the reliability of her statements. A lack of credibility in the argument would create a less receptive audience, thus making the argument unsuccessful. Although Moore is Gerad’s research partner, her statements are still valid, despite the possibility of inherent bias. Jones also increases his credibility by narrating a success story of violent media benefiting a child. It is important to note that Jones uses his personal success stories, which again, has some inherent bias. Jones would not use stories that go against his argument of violent media is good for children. Being able to pick and choose his own success stories decreases the validity of his statements. Nonetheless, they are still success st ories, and ultimately do increase Jones’s credibility. Jones goes on to explain how he helped a young girl positively channel her less conventional emotions and thoughts of violence. Jones â€Å"started helping her tell stories† that were â€Å"sometimes bloody, sometimes tender, always blending the images of pop culture with her most private fantasies.† Through working with Jones, the girl came out of it â€Å"more self-controlled and socially competent† (par. 12). This success story backs the argument that violent mediums can benefit children. The audience will cling on to the fact that the girl was able to better control her emotions through violent mediums because it is an example of how violent media can have positive effects. By Jones including a success story of how violent media has benefited a child he further establishes his argument’s credibility because he has evidence to support his claim. This article was written shortly after the Columbine shooting, where two high school students fired guns during school, causing a deadly massacre. Many adults believed it was violent media that drove these children to violence, so Gerad Jones’s article is controversial in the sense that many adults believed violent media could potentially cause another lethal massacre. However, Gerad Jones was successful in arguing that violent media is good for kids by connecting emotionally with the audience and establishing his credibility. Jones avoided discussing violent mediums that were more grotesque than comic books, like GTA, Halo, etc. It was wise of Jones to do this because his argument would not have been as well received had he began arguing that those forms of violent media were beneficial. Gerad Jones simply wanted to change the way people viewed violent media and for them to begin thinking about its beneficial possibilities. Getting that message across would have been more cha llenging using extreme violent media, which is why Jones stayed mainly with less gruesome violent media. By doing this, Jones is successful in the fact that audience members most likely re-evaluated their position of violent media for children and were able to understand its positive benefits.

Choose one of the topics from assignment Criteria Essay

Choose one of the topics from assignment Criteria - Essay Example This is when trade unions negotiate on behalf of their members, which places workers in a much stronger position than one they would be in if they bargained individually. An example of such a union has been operating since 1919, named ILO (International Labor Organization), which defines its goal as: â€Å"The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security, and human dignity†(International Labor Office 1999). Different opportunities are offered to the workers upon their joining of these trade unions. For instance: creating better employment opportunities, promoting productive practices, providing training to adapt to technological and institutional changes, enhancing social protection, increasing safety nets and promoting social dialogue, thereby providing incentives for the workers to associate with the unions (Budd 2004a). On the other hand, the business environment itself has become pretty competitive and effective, whereby social welfare is replaced with economic welfare (Paul, et al. 2001), consumers have become more important than workers, and the work is viewed as yet another input to the production process (Budd 2004a). This situation poses a threat to employment issues, as debates over labor unions, wages, family or sick leaves, or work standards are reduced to debates over labor costs and their effectiveness (Budd 2004a). Hence, the workers have a full right to join these trade unions and actively seek to maximize their utility in proportion to the work they do. Also, in an attempt to achieve decent work, work which is not just viewed as economic activity but also is given a human face (i.e. embraced psychologically, rewarded materially, and responsible ethically or morally) (Budd 2004a), workers should join trade unions which do not just increase their efficiency but also make them more motivated, focused, satisfied and skilled hence b ringing benefits to the organization as well. Therefore, union memberships should not be prevented by the employees. John W. Budd, the professor of Industrial Relations Land-grant at University of Minnesota, stressed the fact that employment objectives should not just be focused upon efficiency, but also should be focusing upon the two equally important factors, equity and voice (Budd 2004b). Undoubtedly in this competitive world, organizations should strive to utilize their resources as effectively as they can (efficiency), but a sole focus on efficiency ignores the psychological and social part of the employment relationship which means that workers should be entitled to fair treatment or rights (equity) and they should also have a say in decisions (voice) as they are more aware of current ground realities (Budd 2004b). Equity includes minimum standards like minimum wages, maximum hours, minimum safety standards, protection against unfair dismissals or favoritism, and restrictions on child labor (Budd 2004a), hence protecting the workers from abusive and unfair employment practices, which prevailed in the early 20th century, such as long hours at low wages in unsuitable hazardous conditions (Kaufman 1993). Whereas, voice includes: fair speech, protection against unfair dismissals or grievance procedures, and direct or indirect labor participation in the decisions (Budd 2004b). Workers’