Critical Analysis Essay Example | Topics and Well Written Essays - 750 words - 13

Critical Analysis - Essay Example The essay opens up with the story of Dr. Spiners â€Å"first victim†. Well, technically the woman in his story was not a victim since no physical harm actually came to her. Rather she suffered from fear of a psychological mindset that had been fed and nurtured by the White American society since the time of slavery in the South. He was just a young graduate student of the University of Chicago then. But what he learned from that night when the woman, who pulled away from the same sidewalk he was walking on in terror, thinking she was going to be attacked, taught him that as a Black man living in a predominantly White society, it was up to him to change the way that these people would see him even without knowing him. Using a quote from the list that was supplied to us for this reading, I believe that the following passage best describes the realization that occurred that night when Dr. Spiner was walking down that Chicago sidewalk in the middle of the night:"It was in the echo of that terrified womans footfalls that I first began to know the unwieldy inheritance Id come into- the ability to alter public space in ugly ways." ï ¼Ë†Pg. 53). In his statement, Dr. Spiner is making direct reference to the history of Blacks in the United States. Touching on the fact that the White men had been raised to fear Black people, there is a sense of disgust when one considers that the reason the woman feared him was quite similar to the reasons that Trayvon Martin had lost his life. He was racially profiled and as such, deemed to be a threat to her safety by the woman. Regardless of the fact that the man walking behind her did not dress nor look like an African-American thug. Generations of mind conditioning culminated in that very moment for that woman. It is a bit hard to understand how the presence of a person of alternate skin color can easily change the safety factor of a certain place. Yet that is exactly what

Aspects of Contract and Negligence for Business Essay - 9

Aspects of Contract and Negligence for Business - Essay Example Essential aspects of a valid contract include an agreement that has to be composed of the element of offer and acceptance. For there to be an agreement there must be two parties involved, the party that makes the offer is known as the offeror while the party to whom the offer is made is known as the offeree. The two parties must come to a consensus on the same thing. Intention to create legal relationship on the part of the parties to the agreement is essential in order to create a legally binding relationship.The consent between the parties to enter in an agreement has to be free and genuine and not forced or entered by mistake or misrepresentation. If in any case the consent is not freely entered,the resultant contract is not valid. The parties entering into a contract should be qualified to enter a contract.The qualification to enter into a contract include being of the right age, sound mind and not disqualified by any law of which the party may be subject. Vicarious liability entails circumstances where the principal is held liable due to the misconduct of his agent (Kraakman 670). The agent in this case can either be an employee in the course of employment, a police officer in charge of a police post, or a partner of a firm in the ordinary course of business. Liability in contracts can only happen if a tort is committed. In this case, the one who commits the tort is an employee while the employee was acting under employment when the tort was committed. In case of employment, employers can only be held liable for torts committed by their employees and not independent contractors. The employer In the case of Limpus v London General Omnibus Co (1862) I H&C 526, it was held liable for bus drivers racing, despite prohibition, causing a collision (Brennan 112). The assumption of vicarious liability is that principals have greater capability

Hedge Fund Industry Essay Example | Topics and Well Written Essays - 2000 words

Hedge Fund Industry - Essay Example This can be used for both short and long term investments. Unlike mutual funds, however, hedge funds typically take long and short positions in assets to lower portfolio risk arising from broad market movements. A hedge fund may take long positions in certain stocks, and short positions in other stocks, the portfolio beta of which is close to zero. A beta close to zero implies that the portfolio will remain relatively unchanged due to the broad market movement. Such a portfolio will primarily change if the stocks move more than the broad market. In the U.S., laws require that the majority of investors in the fund beaccredited. That is, theymust earn a minimum amount of moneyannually and have a net worth ofmore than$1 million, along with a significant amountof investment knowledge. (Hedge Fund. 2008). In both rising and falling equity and bond markets hedge fund strategies tend to have the ability to generate positive returns. Since it is a balanced portfolio it helps to reduce overall portfolio risk and volatility and, therefore, has the potential for increased returns. Hedge funds also have an advantage over other options of investment as it offers investors a wide variety of choices in Hedge fund strategies that can be tailor made to suit the investment objective of individual customers. The fact that hedge funds have higher returns and lower overall risk than traditional investment funds has been proved beyond doubt through academic research. Moreover, this platform provides an ideal long-term investment solution, eliminating the concept of correct time entry and exit from markets. Adding hedge funds to an investment portfolio provides diversification which is otherwise not available in traditional modes of investments. The aspiration of the prospective employee Mr.X. Mr.X is undergoing a graduate course in commerce. His father Mr Y had remained employed in the insurance business, and wanted his son to toe in the same line. Mr.X however, had different ambitions. He weighed the pros and cons of joining the hedge fund industry as well as the insurance sector. He sought the advice of different consultants in the field who gave him the necessary information. He found out that the hedge fund industry was more lucrative and he chose this as his career option. Initially he thought that an undergraduate course in commerce would give him the necessary inputs. When he completed more than half the course content, he realised that he will not able to pursue a career in hedge fund with the knowledge gained from this course alone. He came to know about a large variety of job oriented course relating to hedge fund. So, in the final semester, he pursued a part-time certificate course in hedge fund. Again, he realised that there was a gap between theory and practi ce. Thus, in order to receive some practical experience, he underwent an internship with a practitioner in hedge fund consultation. Human Capital Theory: Human capital refers to the stock of productive skills and technical knowledge embodied in the labour free of an organisation. Economists consider human capital as one of the

Aspects of Contract and Negligence for Business Essay - 9

Aspects of Contract and Negligence for Business - Essay Example Essential aspects of a valid contract include an agreement that has to be composed of the element of offer and acceptance. For there to be an agreement there must be two parties involved, the party that makes the offer is known as the offeror while the party to whom the offer is made is known as the offeree. The two parties must come to a consensus on the same thing. Intention to create legal relationship on the part of the parties to the agreement is essential in order to create a legally binding relationship.The consent between the parties to enter in an agreement has to be free and genuine and not forced or entered by mistake or misrepresentation. If in any case the consent is not freely entered,the resultant contract is not valid. The parties entering into a contract should be qualified to enter a contract.The qualification to enter into a contract include being of the right age, sound mind and not disqualified by any law of which the party may be subject. Vicarious liability entails circumstances where the principal is held liable due to the misconduct of his agent (Kraakman 670). The agent in this case can either be an employee in the course of employment, a police officer in charge of a police post, or a partner of a firm in the ordinary course of business. Liability in contracts can only happen if a tort is committed. In this case, the one who commits the tort is an employee while the employee was acting under employment when the tort was committed. In case of employment, employers can only be held liable for torts committed by their employees and not independent contractors. The employer In the case of Limpus v London General Omnibus Co (1862) I H&C 526, it was held liable for bus drivers racing, despite prohibition, causing a collision (Brennan 112). The assumption of vicarious liability is that principals have greater capability

Medical Costs in the United States Research Paper

Medical Costs in the United States - Research Paper Example Healthcare costs are on the rise and there seems to be no way for these costs to stop without reform measures. The Problem with Healthcare Spending One problem with healthcare spending is that it is growing faster than the economy and everyone is affected by this change. Whether people use private insurance, Medicare or Medicaid, they will be affected in some way as healthcare costs continue to grow. (Myerson, Nelson, Simpson, and Topoleski (2007). This has put healthcare as a much talked about issue and it is both a social issue and an economic one. According to Healthcare Problems.org, in 2007 about 50 million Americans went without health insurance and about 25 million were considered underinsured. Between 2001 and 2005 health insurance premiums increased by 30% but people’s income only rose about three percent. Today, healthcare expenditures have increased to $2 trillion a year. Over the past four years, the number of people who are now underinsured has reached 60% which m eans that 25 million people are struggling to pay their healthcare bills (â€Å"Healthcare Statistics, â€Å" 2011). The highest rate of underinsured (31%) is in those Americans who make less than $20,000 a year. After doing an informal survey of people I know, many Americans agree that there should be some type of healthcare reform, but most people are not sure how this reform would take place and who would fund it. Employer Based Insurance When people look for a job one of the benefits they look for is health insurance. Many people feel that if the employer offers insurance they will be able to afford to have insurance. Unfortunately, employer supplied healthcare is also suffering because of the rising costs of healthcare. According to a report by Singhal, Stueland, and Ungerman (2011) the Affordable Healthcare Act has created more cost problems for employers and many have limited this benefit for their employees or stopped providing it all together. According to their report, b y 2014, employers will have to make drastic changes in the way they do healthcare. One of these drastic changes is that about 30% of employers will â€Å"probably† stop offering insurance to their employees after 2014 because of the expense. Singhal, Stueland and Ungerman (20010 surveyed employers and predict that if employers stop offering insurance, they may increase their revenues by at least 30%; this makes this option very attractive to employers who are struggling to provide healthcare. Singhal, Stueland, and Ungerman (2011) also state that because of the way that reform is stated, employers are able to limit their social obligation to their employees to offer insurance. The way in which the reform act is written, states that all employees must have some type of insurance, but they do not stipulate that employers have to provide it. The Act states that if the employer does not offer insurance, the individual can apply for â€Å"income-indexed premium and out-of-pocket cost-sharing subsidies† (Singhal, Stueland, and Ungerman, 2011, p.2). The law specifically states that employers with 50 or more employees must offer health insurance to all full time employees or face a fine of $2,000. They also must provide reasonable coverage to all their employees on a similar level. In other words,

Case Study Summary of Zara and Oxford Industries Essay Example for Free

Case Study Summary of Zara and Oxford Industries Essay Zara specializes in inexpensive fashions for women and men between the ages of 16 and 35. In keeping with the spirit of that demographic, Zara moves quickly. Like many apparel retailers, it has two seasons—fall/winter and spring/summer—but selections change frequently within those periods. Items spend no more than two weeks on the shelf before making way for new merchandise, and stores are replenished twice a week. With annual growth of around 20 percent in both sales and number of stores, Zara was finding that strategy increasingly difficult to execute. Part of the Inditex group of fashion distributors, it currently has more than 1,100 stores in 68 countries. With so much volume flowing through the supply chain, the company could no longer rely on guesswork by store managers as to how much product it needed to replenish at each location. In the summer of 2005, Zara heard about research being done on mathematical models for retailing, by professors Jeremie Gallien of the MIT Sloan School of Management and Felipe Caro of the UCLA Anderson School of Management. They were invited to Zara’s headquarters in La Coruna, Spain. The focus was on making better stock-allocation decisions for Zara’s growing network of stores. A prototype of the resulting model was implemented between March and July of the following year, as part of a six-month internship at Zara by MIT graduate student Juan Correa. Between August and December, researchers ran a live pilot involving distribution of a dozen products to Zara’s stores worldwide. An identical selection of products was dispatched to stores under the old process, for purposes of comparison. The mathematical model drew on historical sales data plus available stock in the warehouses to come up with a final number for each store. Gallien says the task was exceedingly complex. Each store carries several thousand items in up to eight sizes, with exact quantities to be determined for twice-weekly shipments. Through use of the model, computers could take over the basic number crunching, with humans left to make adjustments based on exceptions such as bad weather or unexpected disruptions in the sales channel. The emphasis on fast turnaround motivates consumers to purchase items on the spot. Unlike in many clothing stores, where seasonal lines remain on the shelves for weeks or months, a particular style in a Zara store can disappear within a week. Zara speeds up its supply chain by strategically selecting and locating suppliers. A â€Å"proximity model† judges not only their geographic placement, but their ability to respond quickly to production orders. About half of the retailer’s production meets the proximity threshold, mostly coming from suppliers in Spain, Portugal and Morocco. From a geographic standpoint, nearly 65 percent of production is sourced in Europe. Zara also buys from suppliers in Asia, but because of the need for speed, their number is â€Å"considerably less† than the industry’s average. The model has yielded additional benefits. Product now spends more time on the sales floor, and less in a back room or warehouse. With a reduction in misallocated inventory, there are fewer returns to the warehouse and transfers between stores. And, as Zara’s distribution network continues to grow, the retailer won’t need to expand its warehouse team as fast as the old process required. Summary of Oxford Industries Oxford Industries began in 1942 as a domestic manufacturer of basic, button-down shirts for mid-level retailers, particularly department stores. In recent years, however, the company has shifted its business model to focus on apparel design and marketing, with third-party producers handling manufacturing. As part of this transformation, the Atlanta-based company embraced a brand-focused business strategy. In 2003, Oxford acquired the island-inspired Tommy Bahama operations, followed by the 2004 acquisition of Ben Sherman—a well-known London-based brand made famous by the popularity of its shirts among British rock stars. Oxford’s legacy business units, Lanier Clothes and Oxford Apparel, also evolved. As one of the leading suppliers of men’s tailored clothing to retailers, Lanier Clothes designs and markets suits, sports coats, suit separates and dress slacks. While continuing to sell these under private labels, it also has licensed a number of well-known brands, including Geoffrey Beene, Kenneth Cole and Dockers. These products span a wide price range and are sold at national chains, department stores, specialty stores and discount retailers throughout the United States. Oxford Apparel’s products range from dress shirts and western wear to suit separates and golf apparel, designed mostly for private-label customers like Lands’ End, Federated Department Stores and Men’s Wearhouse. Oxford Industries also sells through 55 of its own stores. In the late 1980s, early in its transformation process and prior to the acquisition of Tommy Bahama and Ben Sherman, Oxford realized that it needed to bring its business divisions up to speed with more robust information technology. After completing the implementation of a company-wide enterprise resource planning system, the company contracted with an independent consulting firm to determine where it should invest time and money to further increase operational efficiencies and performance. The result of that in-depth study ultimately led to Oxford Industries’ decision to implement two solutions from JDA Software: Demand Planning and Master Planning. With so many possible permutations of size, style and color for each of its products, improving forecast accuracy was critical. Prior to implementing JDA Demand, Oxford relied on its retail customers’ demand forecasts for its private-label products, as well as information provided by the company’s own sales associates. If too much or too little product was created based on the retailer’s or the sales associates’ forecast, both Oxford Industries and that customer paid the price via lost sales or markdowns. JDA Demand enabled the company to better understand consumers’ evolving requirements and current trends, along with historical buying patterns, resulting in the ability to create more accurate forecasts and synchronize demand for replenished product with sources of supply. Oxford Industries can now compare its forecasts with those of its retail customers to ensure that the right amount of product is manufactured, leading to improved collaboration and service levels with its trading partners. The implementation of JDA Master Planning leveraged the solutions automated functionality to compile product information and production constraints to generate weekly sourcing and inventory plans from style to the SKU level. The solution also simultaneously considered factory capacities including special features, raw-material availability, and manufacturing and customer lead-times. Since Master Planning generated a first version of the supply plan by noon each Monday, Oxford Industries’ planners had four and a half days to resolve any issues to accommodate unplanned demand, which translated to an 85-percent improvement in planning efficiency. Although the company’s sourcing model has since shifted from a typical manufacturing process to more of a purchase process, manufacturing and customer lead-times, SKU-level decisions and some capacity constraints still need to be factored into the supply planning process. Master Planning provides the tools to let managers manage instead of serving as data-entry technicians.

Current Environmental Laws In The Philippines Environmental Sciences Essay

Current Environmental Laws In The Philippines Environmental Sciences Essay It is hereby declared a national policy to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this country. P.D. 1151(1979) Philippine Environmental Policy defines the general policies on the pursuit of a better quality of life for the present and future generations and mandates the undertaking the environmental impact assessments for all projects, which may significantly affect the environment. P.D. 1152(1977) Air Quality Management to achieve and maintain such levels of air quality as to protect public health and to prevent to the greatest extent practicable, injury and or damage to plant and animal life and property, and promote the social and economic development of the country. P.D. 1586(1978) Establishing an Environment Impact Statement System, Including Other Environmental Management Related. -Defines the framework for the implementation of the environmental impact assessment as the mechanism to reconcile the impacts of development projects on society and the physical environment. P.D. 389(1974) (P.D. 705) The Forestry Reform Code codifies, updates and raises forestry laws in the country. It emphasizes the sustainable utilization of forest resources. P.D. 330 P.D. 953 Laws on Penalizing Illegal Cutting of Trees Public forests and forest reserves are important natural resources of the country which must be preserved and conserved for future generations it is the solemn duty of every citizen to protect public forest and forest reserves from indiscriminate logging, senseless denudation and wanton destruction to the detriment of the present and future generations. P.D. 953 1153 Laws on Tree Planting -The planting of trees on lands adjoining the edge of rivers and creeks in both a measure of beautification and reforestation and the planting of trees along roads and areas intended for the common use of owners of lots in subdivisions will provide shade and healthful environment therein. P.D. 331(1973) Requiring that all Public Forests be developed, Managed, and Utilized on a Sustainable Yield Basis with the Benefit of Technical Forestry know-how of Registered Foresters. -The Philippine forests are the patrimony of the Filipino people and as such they have to be developed, managed, and utilized in such a manner as to insure their perpetuity in productive condition for the benefit of all Filipinos, living or yet to be born P.D. 704(1974) Preservation of Optimum Productivity of Fishery Resources through Conservation and Protection. there is a compelling need to increase the production of fish to bring down its price to a level which will be within the reach of our people, and at the same time insure the continuity of out fishery resources in productive condition through wise utilization and proper conservation P.D. 1015(1976) Banning the Operation of Commercial Fishing within a Distance of 7 Kilometers from the Shoreline. It is the policy of the state to uplift the economic condition of the municipal and small-scale fishermen P.D. 1058(1976) Increasing the Penalties for Illegal forms of Fishing. -There is a need to increase the penalties for certain acts prohibited by existing penal laws for a more effective protection of the nations fish resources P.D. 1219(1977) Providing for the Protection of Coral Ecosystems. It is necessary that the exploration, exploitation, utilization and conservation of these resources be properly regulated to ensure the preservation of the countrys marine environment. P.D. 1067(1976) Water Code of the Philippines adopts adequate measures to conserve and regulate the use of water in commercial, industrial and residential areas. It also provides other policy guidelines in water quality and management of water resources. P.D. 463(1974) Providing for a modernized system of administration and disposition of mineral lands and to promote and encourage the development of exploitation. -Mineral production is a major support of the national economy, and therefore the intensified discovery, exploration, development and wise utilization of the countrys mineral resources are urgently needed for national development. P.D. 1198(1977) Reinforces this provision for restoration of mined-out areas to this original condition to the extent possible. it is the policy of the State to create, develop, maintain and improve conditions under which man can be most productive and to insure the attainment of an environmental quality that enhances his dignity and well-being P.D. 1251(1977) Imposing a fee on operating mining companies to be known as mine wastes and tailing fee to compensate for damages to private landowners -A semi-annual fee to be known as Mine Wastes and Tailings Fee is hereby imposed on all operating mining companies at such amount/s to be determined by the Secretary of National Resources, upon the recommendation of the Director of Mines. P.D. 984(1976) The Revision of Republic Act No. 3931, Commonly Known as the Pollution Control Law. -It is hereby declared a national policy to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this country. P.D. 1181(1977) (supplements the provision of P.D. 984) Providing for the Abatement, Control and Prevention of Vehicular Pollution Establishing the Maximum Allowance Emissions of Specific air Pollutants from all Types of Vehicle. -It is the purpose of this Decree to prevent, control, and abates the emission of air pollution from motor vehicles in order to protect the health and welfare of the people and to prevent or minimize damage to property and hazards to land transportation. P.D. 600(1974) (amended by P.D. 979) Water Pollution Control prohibits the discharge of oil, noxious liquid substances, and other harmful substances into the countrys inland and territorial waters. P.D. 825(1975) Providing Penalty for Improper Disposal of Garbage and other forms of Uncleanliness -One of the principal aims of the New Society is to effect social, economic and political reform through discipline and order; P.D. 856(1975) Sanitation Code Places the responsibility in the local government units for he solid waste management in his area of production. P.D. 1144(1977) Control of Pesticides It is a Government policy to provide adequate assistance to the agricultural sector in line with national objective of increasing food production; R.A. 8749 Philippine Clean Air Act of 1999 provides for a comprehensive air pollution control policy R.A. 7160 Local Government Code of 1991 -Provides that local government should share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction subject to national policies and other pertinent provisions of the code. R.A. 6969(1990) Toxic Substances and Hazardous and Nuclear Wastes Control Act Authorizes the DENR to establish a program to regulate, restrict or prohibit the importation, manufacture, processing, sale, destruction, use and disposal of chemical substances, and mixture that present unreasonable risk and/or injury to health or the environment. R.A. 8550(1998) The Fisheries Code of the Philippines -Defines the policies of the state in the protection, conservation and effective management of fisheries stock as well as identifying allowable fishing methods in Philippine coastal waters. R.A. 9003 The Solid Waste Management Act of 2001 -An act providing for an ecological solid waste management program, creating the necessary institutional mechanisms and incentives, declaring certain acts prohibited and providing penalties, appropriating funds therefore, and for other purposes. R.A. 9275- Philippine Clean Water Act of 2004 -An act providing a comprehensive water quality management and for other purposes. R.A. 9729 Climate Change Act of 2009. -An act mainstreaming climate change into government policy formulations, establishing the framework strategy and program on climate change, creating for this purpose the climate change commission, and for other purposes. How Tourism is affected by the Current Environmental Laws in the Philippine; Tourism is highly affected by the current laws implemented, because of the restrictions and guidelines implemented by the government. Tourist who wants to visit different parts of the country most especially for the purpose of seeing eco-friendly spots visiting eco parks are also known as ecotourism, Ecotourism is visiting a fragile, pristine, and relatively undisturbed natural areas, its purpose is to educate the traveler or tourist, to provide resources for  ecological conservation and to directly benefit for the  economic development. Back then, tourist had easy access in visiting our country, specially our famous tourist spots. But because of the laws implemented, various regulations rules now serves as guidelines for tourism. Like many other countries, ecotourism activities are often handled on the local level. That is, local governing bodies create specific rules, regulations, tours, and managers for specific areas. For the people of the rural Philippines, this has been a major economic boost. This is because many of these local governing bodies require that tourists hire local guides to take them into protected local areas. This is not necessarily true for all areas in the Philippines, but there are some areas that engage in this practice. These measures are put in place to help ensure that the local community gets its fair share of all monies earned by the use of their traditional lands. This also helps to make sure that very strict ethics are followed in relation to how tourists interact with the land. How Tourism can help improve the Current Environmental Situation in the Philippines; A variety of environmental problems now affect our entire world.   As globalization continues and the earths natural processes transform local problems into international issues, few societies are being left untouched by major environmental problems. Some of the largest problems now affecting the world are  Acid Rain,  Air Pollution, Global Warming,  Hazardous Waste,  Ozone Depletion,  Smog,  Water Pollution, Overpopulation, and  Rain Forest Destruction. Every environmental problem has causes, numerous effects, and most importantly, a solution. Tourism can be a very big help in conserving the environmental resources, promotion of sustainable use of biodiversity, by providing jobs to local populations, sharing of socio-economic benefits with local communities and indigenous people by having informed consent and participation in the management of ecotourism enterprises and not only promoting to visit our country for the beautiful spots. Tourism is not just the beautiful spots and scenery; it can also be the conservation of these places for the future generations. Before letting tourist visit their selected destination, short seminars and lectures can be administered for them to gain knowledge on how to have fun while taking care and not destroying the environment. Sparing a little time for these programs can really help. Travel agencies can also be an instrument in helping out. While having promos for tours, they can include inside the brochures different guidelines in protecting the environment and what to know on a certain place. Promoting the place while having tourist knew these guidelines is a win-win situation for the agency and the country. Reference: http://bio427.blogspot.com/2010/10/environmental-laws-of-philippines.html http://www.lawphil.net/statutes/presdecs/pd1977/pd_1144_1977.html