Business and the Economic Environment Essay

Introduction In this assignment I will be talking about Marks and Spencer and how the economic environment could have an effect on them. The economic environment is basically all the economic factors brought together. By saying economic factors, I mean aspects such as; employment, inflation, interest rates, productivity and wealth. All of these elements mentioned above have an influence on the buying behaviour of consumers and organisations. P1 In terms of economic variations for marks and spencer, the best way to explain the effect it would have on them is by using the business cycle. The business cycle is basically the periodic but irregular up and down movement in economic activity, measures by fluctuations in real GDP and other macro- economic variables such as inflation, interest rates and unemployment to mention a few. In simple terms it is the ups and downs of a nation’s economy. The business cycle mainly has four cycles; recession, recovery, growth and slump which repeat themselves over time. Recession is a period of reduced economic activity (economic growth slowing down) in which levels of buying, selling, production and employment go down. This means that during recession, Marks and Spencer would be affected because there will be a change on the buying behaviour of consumers. This will then lead to a sales revenue and profit decline for them. Due to low profits, they will cut their spending essentially cut back on hiring new employees and cut jobs for other by making them redundant in an effort to keep their business on track. They will also cut back on productions costs because consumers will cut back on spending as well which means they will not be buying as much. Recovery is the turning point from depression to expansion. During the period of recovery, there are expansions and rise in economic activities. For Marks and spencer there will be a steady rise in output, income, employment, prices and profits. During recovery for Marks and spencer will mean higher demand for products and services. There will be more hiring, because Marks and spencer will resume investments due to an increase in profits because customers are willing to spend more. They will steadily start opening other stores nationwide due to consumer demand hence more people to recruit. As more people will return to work, spending will increase, which will the demand for more goods and services hence they will start making a profit. Slump/trough during the slump period output slows down due to a reduction in demand. A slump can lead to recession (two negative quarters of economic growth). This can put Marks and Spencer under pressure because they will be forced to reduce costs, which will lead to increased unemployment as they make people redundant The rate of high unemployment will then mean that people will have less money to spend thus contributing to a downturn in the economy. During a slump output and income will fall leading to fall in consumption so basically Marks and Spencer will see a fall in sales because customers will not be spending and they will cut down on production costs as well so that they can save money. Growth: When the economy is at boom or peak, it is an increase in the capacity of an economy to produce goods and services. This is the stage where by Marks and Spencer will hire more people and there will be low unemployment. Customers will also be willing to spend more money therefore boosting sales for Marks and Spencer. Demand for goods and services will be high which means that production will be high so Marks and Spencer will be having high imports to stock up their shelves for consumers. There will be high investment levels for them; they can therefore use that money to pay off their suppliers or debtors. Inflation is the measurement of the annual percentage rise in average price level. A reduction is purchasing power an increase in the cost of living. With the rise in price levels Marks and Spencer will buy fewer goods because consumers will not spend as much money. As a result the purchasing power of money will be reduced with inflation. High inflation will distort consumer behaviour for Marks and Spencer. Consumers will spend less or buy their requirements in advance as inflation may destabilize markets and create unnecessary shortages. Employees in Marks and Spencer may demand higher wages in time of high inflation. If the claims are accepted it may make the inflation get worse. During high inflation, wide variations in inflation rates may make it difficult for Marks and Spencer to predict the future and calculate their sales returns. This can therefore challenge their confidence to predict their financial reports In the future. Inflation is measured by RPI (Retail Price Index) this is when government inspectors go round the shops every month and take samples of what consumers buy and add up the prices and compare them with the previous month’s prices. RPI normally includes mortgages. In 2012 it was measured at 2.9% Also CPI (Consumer Price Index) this is a measure of price in consumer goods and services e.g. food, clothing, etc. The CPI does not include mortgages. It was measured at 2.5% in 2012. Unemployment Marks and Spencer will be affected in a variety of ways when there is high unemployment. They will observe low consumer spending. When more people are out of work they do not have money to spend hence Marks and Spencer will be affected because there will be fewer people buying from their stores. People will then target inferior goods basically Marks and Spencer branded goods that are cheaper than brands and also may be of less quality to satisfy their needs. Employees working for Marks and Spencer may work for long hours and Marks and Spencer may not be able to give them a pay rise due to the low demand of goods. Managers will be less motivated because their business will be going down due to low profits. However, Marks and Spencer will benefit in the sense that if they wanted to employ anyone they will have the advantage to pick and choose due to the high number of applicants for one job role. P2 Government spending is also known as public spending and in UK it takes up to 45%of GDP. Government spending is classified in three areas; Transfer payments; this are payments made available through social security system. They include JSA, child benefit, Housing benefit, Income support etc. its main aim is to provide a basic income for unemployed people or a minimum standard of living for people with low income. Current government spending; this is basically spending on goods provided by the government e.g. salaries paid to people working in NHS and resources for education and defence etc. Capital spending; this is spending for infrastructure e.g. motorways and roads, schools, hospitals etc. Government policies on the other hand, are a set of policies produced by the government that are used and developed to influence the UK economy. They are divided in to different areas that influence the way that a business operates. Economic Policy, economic policies are actions taken by the government to influence its economy. Economic growth will be essential for government and Marks and Spencer as well. This will mean that the living standards will increase so it means that people will have more money to spend in Marks and Spencer and other retail shops. There will also be high demand for Marks and Spencer therefore they will be making profit. However if the government decide to increase tax rates, Marks and Spencer will grieve because it means that they have to increase the prices of their goods and services which means customers will be reluctant to spend money. Industrial Policy this relates to the government increasing industrial activity in the UK. This mostly focuses more on jobs and skills. For example if Marks and Spencer opens new industries to manufacture goods, they will create more jobs and find skilled labour to satisfy their customers. This policy is mainly used to raise people’s income, new technologies and demographic changes. Competition Policy this is a government policy to prevent and reduce abuse of monopoly power. Abuse of monopoly power can lead to market failure and be against the public. Therefore that’s why government steps in to protect the interests of consumers. To ensure that competition takes place in UK Competition Act 1998 is used to stop forcing rivals out of business, selling goods and services at different prices for different customers and limiting supplies to make sure prices go up among others. Fiscal Policy this covers the spending and taxation decisions of the government. The main aim of fiscal policy is to influence aggregate demand (total demand in the economy) by increasing government spending or reducing taxes. The effect of fiscal policy on Marks and Spencer is that when the Bank of England increases tax, they will have less money for hiring and investing and this may affect consumers because prices may increase. However if they decreased tax rates, this will stimulate investment spending and more job opportunities. Environmental Policy this regards to the environment. Basically for Marks and Spencer they need to make sure that they are protecting the environment by recycling and reducing carbon foot print. The Climate Change Act states that climate change risk management must be completed every five years. Businesses like Marks and Spencer must show how they are reducing carbon foot print and how they are protecting the environment. Monetary Policy comprises of changes in the rate of interest to influence the growth of aggregate demand, money supply and inflation, this works by changing the rate of growth of demand for money. If the Bank of England sets high interest rates prices will start falling and Marks and Spencer will see the changes in spending from consumers. This is mainly used to control inflation. However if it was vice versa, low interest rates will lead to more spending hence Marks and Spencer receiving more sales therefore more to pay dividends to shareholders or invest. The diagram below shows the increase in interest rates which lowers demands so prices fall from P to P1 and demand falls from AD1 to AD. M1 The government produces set of policies that it uses and develops to influence the economy. Â  Fiscal Policy is the use if taxes and government expenditure to control the total demand of the economy. Increase in taxes will decrease the demand. Government expenditure on the other hand, encourages people to purchase by reducing the price. Taxes and expenditure both use law of demand in order to control aggregate demand. The advantages of using fiscal policy for Marks and Spencer will be that if the government increases demand e.g. by cutting income tax or indirect tax, it means that people would be willing to spend more because prices will go down hence they can get more with their money. Marks and Spencer will benefit because the demand will be high and hence they get more profit at hand. With this profit they will be able to invest more in to the business and also pay their corporation tax. The corporation tax will then be taken by the government again and this will help the society and people in need e.g. NHS and Education. A disadvantage of fiscal policy is that another problem can arise when solving the other. For instance stimulating demand in the economy to decrease unemployment may worsen inflation because a right shift in aggregated demand will cause a rise in price levels. Therefore when prices rise go up, as much as there is more demand, some people may be hit by inflation and may have to pay more for their goods in Marks and Spencer than normal. Below I have illustrated what I have just explained. On the contrary decreasing demand to control inflation will cause short demand therefore unemployment arises. In the diagram it shows that increase in government expenditure, will increase inflation basically prices will shift from P to P1. Also there will be more demand so it will shift from AD to AD1.This will benefit Marks and Spencer because the more the demand the more they pay corporation tax therefore helping the society i.e. education, NHS etc. In the diagram it shows that increase in government expenditure, will increase inflation basically prices will shift from P to P1. Also there will be more demand so it will shift from AD to AD1.This will benefit Marks and Spencer because the more the demand the more they pay corporation tax therefore helping the society i.e. education, NHS etc.

Personality Testing of New Hires

Personality Testing During the Hiring Process Personality testing is not a new topic. What is new is the ongoing shift in mindset that has diluted the value of personality testing during the hiring process and only finds a value in using personality testing after the candidate has joined the organization. This will be challenged by first providing a brief history on the Myers-Briggs Type Indicator (MBTI) and reviewing the years of dedicated research that went into the development of the test. Second, it will reveal the correlations of the test results to job requirements through specific examples. Third, it will discuss why applicant honesty and company policy makes personality testing necessary. Fourth, it will identify and support how many organizations successfully use the MBTI for applications other than pre-employment. Finally, organizations utilizing personality testing, specifically the MBTI, as a part the hiring process will identify the strongest and most compatible candidate for the required organizational needs. Many organizations are following the notion that personality tests have no relevance to job performance and should not be used as a tool to support the hiring process; however, it can be used appropriately for leadership identification, self-awareness and team building (Robbins & Judge, 2008). The testing of personalities was at its peak in the early nineteen fifties with MBTI leading the way (Overholt, 2004). Banks initially used the MBTI as a pre-screening tool in nineteen forty six. Not one or two banks, but the entire industry was committed to utilizing the MBTI. This concept of capturing personality was developed by Isabel Briggs Myers and her mother Katherine Cook Briggs. They performed rigorous studies of some earlier work by a Swiss psychiatrist by the name of Carl Jung. The first assessment was a couple of simple questionnaires that would gauge people by their personality type. There are sixteen possible types that are configured out of four specific categories. The dedication of the Myers-Briggs team was unsurpassed. Even after her mother passed away, Myers spent her life advancing this body of work. Rubis et al. , 2005) For those who may not be familiar with the structure of the test, here are the parameters. There are one hundred questions that are situational based. The participant is to choose the answer that best describes the general actions or feelings they usually have when in that situation (Robbins & Judge, 2008). The questions are built around general concepts of personality, and by answering the questions it helps to reveal the participant’s personality type (Pepper, Kolesnikov-Jessop, & Herman, 2005). There is no right or wrong when answering. The questions are open to interpretation, because every question is presented on logical opposition (Bentley, 2007). The participant simply determines which one fits them the best. Some examples of the questions a participant would be asked are as follows: â€Å"Would you rather be considered a practical person or an ingenious person? â€Å", and: â€Å"Does following a schedule appeal to you or cramp you? † (Ross, n. p. ) Once the participant finishes the test, the answers are consolidated into one of the sixteen personality types. Anyone that takes the test will fit into one of the sixteen personality types that the MBTI generates (Rutzick, 2007, June). To understand how the MBTI can be beneficial in the hiring process, a further definition of the different personality types is necessary. Robbins & Judge (2008) state the following: Individuals are classified as extroverted or introverted (E or I), sensing or intuitive (S or N), thinking or feeling (Tor F), judging or perceptive (J or P). These terms are defined as follows: Extroverted verses introverted. Extroverted individuals are outgoing and assertive. Introverts are quiet and shy. Sensing verses Intuitive. Sensing types are practical and prefer routine and order. Intuitives rely on unconscious processes and look at the â€Å"big picture†. Thinking verses feeling. Thinking types use reason and logic to handle problems. Feeling types rely on their personal values and emotions. Judging verses perceiving. Judging types want control and prefer their world to be ordered and structured. Perceiving types are flexible and spontaneous. (p. 108) Examples of how the actual results would be presented and what would be learned about the participant are: the INTJ or introverted, intuitive, thinking, judging individual and would be considered a visionary; they are strong willed and could sometimes be considered bullheaded; they are creative and like to act on their own ideas and thoughts. (Robbins & Judge, 2008). Another example would be the ESTJ or extrovert, sensing, thinking, judging individual and would be considered as the organizer; they are planners who like solving real problems, they work well around others and are very business minded (Robbins & Judge, 2008). Using the two previous examples of personality types, consider the following scenario: Employer â€Å"A† has a position open in the operations department for a supervisor. Of the two candidates, the INTJ or the ESTJ, which one would be the better fit in an operations supervisor, knowing both candidates interviewed equally? The ESTJ would make the best choice, organized, business minded, like solving problems, and as an extrovert will do better working around other people. In contrast if the INTJ is placed in this operational position, it would not challenge his visionary traits and his strong will would work against him when trying to supervise others. It would not be long before the employer or employee, or both, realized they were the wrong fit and separating the employee may be the best solution. This would cause an increase in turnover and training costs that could have been avoided. The information personality testing provides becomes extremely useful when trying to find the proper job fit, and it would have to increase job satisfaction because now the candidate is in a position or role that suites his unique personality, increasing the potential for them to naturally excel. In conjunction with the interview process, personality testing opens up insight that could easily be missed when trying to assess if a candidate will be the right fit for the position (Baker, 2008). There are other factors that create an importance for personality testing during the hiring process. Two of these factors are: the increased levels of misrepresentation on resumes and applicants learning or paying for coaching to teach them how to give a great interview (Van Steenwyk, 2008). Another factor to be considered is that references are getting harder to validate. Many organizations have implemented policies that do not allow the providing of job specific references, they will only validate dates of employment (Van Steenwyk). Having the ability to draw consensus between the information on a resume, the information given by references, what is learned in the interview, and then match all that information up against the results of the personality test allows the perspective employer to have more points of congruency when making a final decision. It helps the employer find the personal side of what is on the resume and reduces failure based on job incompatibility (Baker, 2008). It could be argued that candidates could learn to give what they believe to be the desired answers on a personality test, like the MBTI. Although not impossible it is a bad way to start a new job and most tests check for continuity of the participant’s answers to make sure the candidate in not lying (Overholt, 2004). Some other highly accepted ways the MBTI is used in organizations are for leadership identification and selection, self-awareness, and team building (Rubis et al. 2005). When an organization needs to select or identify leaders, testing becomes very useful to find the personality traits that are essential to successful leaders (Robbins & Judge, 2008). There are benefits to the established leaders learning more about their own personality. Once the leaders are armed with the characterizations of their personality type, they can make accommodations for their weaknesses or soften overly direct qualities helping them in their handling of situational outcomes (Rutzick, 2007). During the training or coaching of leaders, many professional trainers or coaches choose to use the MBTI as the first step for helping the leader better understand who they are so they can better understand and lead others (Bentley, 2007). For any leaders to be truly effective they must be able to understand others, allowing them to tap into what motivates or drives an individual or group (Bentley, 2007). Personality testing provides that essential information. Work teams find personality testing to be helpful during times of conflict resolution as many times personality differences are at the center of most communication barriers (Bentley, 2007). By understanding their individual differences, team members learns to become more tolerant of the other because now they understand why the others think what they think or react the way they react to certain situations, this understanding creates a more cohesive and productive team (Bentley, 2007). Stronger cooperation will decrease costly turnover and increase job satisfaction because it stimulates open sharing and sparks creativity. (Robbins & Judge, 2008) Currently, there are eighty nine of the Fortune One Hundred businesses that employ the MBTI for their pre-hiring process, team building, and leadership identification and selection (Pepper et al. , 2005). Personality testing works and the results are trustworthy. To state it more directly, eighty nine of the top one hundred companies choose not to lower the bar, and place a higher importance on wanting to know who they are getting into business with before they make the job offer. This type of emphasis on the selection process helps these companies sustain the strong cultures that are in place, by realizing that several candidates will have the skill or the talent to perform at high levels (Robbins & Judge, 2008). They only hire the candidates that possess that high level to perform and exemplify the highest compatibility with the organization’s culture (Robbins & Judge, 2008). The MBTI has a history of proven success and worldwide acceptance as a pre-screening tool (Robbins & Judge, 2008). Many organizations make costly mistakes in the hiring of individuals only to discover that because of their personality they just do not fit in. Organizations utilizing testing, in cooperation with the appropriate interview process, greatly reduce costly hiring mistakes and job incompatibilities, while increasing individual and team performance. The trend in people management and development has moved from hard cutting and insensitive to a softer hyper-sensitive approach. It is time to find the middle ground between the engaged work environment and putting the right people in place that will achieve greater results. References Baker, B. (2008). HIRING HINTS. PM Network, 22(9), 26-27. Bentley, R. (2007). Fit for What Purpose?. Training and Coaching Today, n. p. Overholt, A. (2004). Personality Test: Back With a Vengeance. Fast Company, n. p. Pepper, T. , Kolesnikov-Jessop, S. , & Herman, M. (2005). Inside the Head of an Applicant. Newsweek, 145(8), E24-E26. Robbins, S. P. , & Judge, T. A. (2008). Organizational Behavior (13 ed. . Upper Saddle River: Pearson/Pentice-Hall. Rubis, L. , Fox, A. , Pomeroy, A. , Leonard, B. , Shea, T. F. , & Moss, D. et al. (2005, December 2). 50 FOR HISTORY. HRMagazine, 50, 10-24. Rutzick, K. (2007). Personality Test. Government Executive, 39(9), 22-23. Van Steenwyk, J. (2008). Using Tests to Screen Employees. Journal of Financial Planning, n. v, n. p.. Williams, R. L. , Verble, J. S. , Price, D. E. , & Layne, B. H. (1995). Relationship of Self-Management to Personality Types and Indices. Journal of Personality Assessment, 64(3), 494.

Arbitration in the Philippines

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

John Perry's theory of personal identity Essay Example | Topics and Well Written Essays - 1250 words

John Perry's theory of personal identity - Essay Example The paper will also explore the objections made against Perry’s arguments, and present a variety of the possible replies and the responses made about the issues raised. Lastly, the paper will draw conclusions from the issues discussed, highlighting the overall quality of Perry’s argument. Perry developed four theories, in explaining the reality of life, personality identity and immortality. The four theories include the soul theory, the body theory, the brain theory and the memory theory. In presenting the memory theory, Perry argues that memory is the most iconic component of a person’s identity, and maintains that it is not just about the activities they engaged in, in the past. Perry explains that memories are the systems underlying mannerisms, behavior, feelings and attitudes about different issues (Perry 34). The memory is the principle function involved in the formation of psychological behaviors, for example, the reserved smile expressed towards a neighbor and the sadness that results from the loss of a loved one. More importantly, this side of a human enables them to recognize others, not only from their looks, but also from the shared memories about different things and issues. In the case of memory loss, it is impossible for the given individual to stop being themselves, and that is mainly because individuals are controlled by different sets of memories, including the conscious and the subconscious. In such a case, the individual losses their interactive ability with others, but there is the subconscious side of their memory which is spared (Perry 35). These memories are those that control areas like walking style, type of laugh and the instruments they can play. Due to the sharp contrast in the areas lost and those maintained, this theory has been criticized in many ways. It is important to make a comparison of the memory theory with the body, which maintains that, an individual is

Weather and Aircraft dispatch Research Paper Example | Topics and Well Written Essays - 750 words

Weather and Aircraft dispatch - Research Paper Example This individual makes sure that he authorizes, regulates, controls and then terminates aircraft flights which are in sheer compulsion and accordance with the airline and the regulations as brought forward by the government as well as the policies to maintain and assure safety at all times possible. This is indeed a job that takes care of many significant aspects, most important of which are related with weather control as related with the flights that are being flown worldwide. An aircraft dispatcher’s job is indeed a Herculean one. It is because he has to manage a number of things upon his shoulders. The weight of responsibility always makes him feel that he has to perform his job very dutifully and without any lapse whatsoever. The effectiveness of the aircraft dispatcher is emphasized by the works that he does in the wake of the economics, the operational control as well as the passenger service requirements which are made use of for daily flights on a worldwide basis. Henc e the complexity of the job is directly proportional to how expansive his works are and what he has to report at the end of the day. The manner in which the weather information is determined and discerned is very significant because it states the basis of his work that he has to perform at all times (Scanlon, 2003). ... The aircraft dispatcher therefore has to plan things accordingly (Utley, 2011). He must make sure that flights are prepared with information which includes the maximum allowable takeoff and landing scenarios. These comprise of the weights that have to be studied in-depth nonetheless. He has to see whether or not the flight reports are drawn up properly, adjust the field conditions as well as compile the relevant information and update his own self and the flights with regards to the completion of safe flights. He has to be in the loop as far as preparing the dispatch release on which he alone is the signing authority. This is a legal document that provides relevant authorization for the departure of the flight at a particular time and date (Mahadevan, 2010). Since he has the right to delay, divert or cancel a flight for a number of different reasons, most significant of which are the ones related with unsafe conditions that become a risk for the safety of the aircraft, its cargo, the passengers and the flight itself, his role becomes even more magnanimous all the same. Some of the pros that the aircraft dispatcher has are that he has to see everything in detail. His activities are in line with the safety and security compulsions that come attached with his job. However, the cons are something to speak highly of. These disadvantages comprise of the fact that he cannot relax on his job for even a single moment. Since there are many lives at stake, his role is immensely significant and thus motivation for the job must remain supreme at all times possible (Youngdahl, 1996). What is even more important is how well he has to take care of his issues that engulf his personal life and thus keep them separate from his own

Case study analysis Essay Example | Topics and Well Written Essays - 1000 words - 2

Case study analysis - Essay Example As Shaw (2010) notes, the verdict of the Supreme Court in June 2012, that declared the Obamacare as constitutional,  supports the ethical principle of justice approach health care, and provides the roadmap for states, insurance companies, employers, and beneficiaries to effective implementation of the plan. The piecemeal implementation of Act is expected to climax in 2014, when major changes will take effect. Provisions in the legislation are intended to have more people under insurance cover, trim soaring medical costs, and prevent illnesses among vulnerable populations (Almgren, 2012). The Act targets adults aged between 19 and 64, since health care has been beyond their reach since the 21st Century began. Those who do not have insurance cover are given priority of health care under the law. Some of the major reforms in Obamacare include; pushing insurers to cover persons with pre-existing health conditions, lowering the bar for Medicaid applicants and beneficiaries, standardizin g insurance premiums, and giving business organizations incentives to provide medical cover for their employees (Almgren, 2012). The Act’s utilitarian spirit means insurers will have to absorb as many people as possible when major provisions of the Act become effective in 2014. The legislation is expected to better health services across all societal segments at affordable cost. The program is expected to boost life expectancy among American citizens by saving thousands from treatable illnesses. This is evident in the outcomes a recent research in the Act has been reputed for saving the lives of more than 5% of Americans in three states that extended affordable medical to low-income earners (Almgren, 2012). The end result was one adult life saved for every 176 people insured under the reformed Medicaid (Almgren, 2012). Conversely, despite these positive outcomes envisaged in the Act and the vote of confidence by the Supreme Court, some still feel that the pitfalls in Obamacar e outweigh the benefits. For example, allowing people with pre-existing conditions to benefit from insurance cover contravenes fairness to insurers, since they will have no option but to spend more in care provision than is reasonable and some may collapse. Impacts of Obamacare on society As Shaw (2010) has suggested, American citizens are in consensus on the four important goals that the health care system should achieve. Firstly, there is a need to access high quality services that can keep the highest number of Americans healthy in the long-term. Secondly, an effective health care law should be one that allows Americans to exercise their freedom to choose the right health care for them; when to adopt a particular care, and where to get services from. Thirdly, Americans expect a favorable health care system that a majority can afford. Lastly, there is need to share medical costs and gains of health care fairly. Despite the consensus, it beats logic to be divided in thought on Obam acare. Perhaps the point of departure on health care is that priorities of care vary across people, groups and business organizations. Social injustice and fairness should therefore be the guiding principle in the system, since the values advocate for the treatment of all parties with fairness, more so when the health care plan brings together the rich and poor, for-profit organizations and non-profit organizati

Human Resource Development-Coaching and Performance Management Research Paper - 1

Human Resource Development-Coaching and Performance Management - Research Paper Example In workplaces coaching has began to move from being the latest management fad to a mainstream component of talent management and organization development. The growing popularity of coaching as a method of human and organizational change carries with it an enormous opportunity and challenge for those who deliver coaching training and services. One of the principle challenges of coaching is ‘professionalization’. Continued customer demands, increased consumer sophistication, and nature of work create pressure for coaching to move from being an industry to a profession. In the service sector, branding, competition, proprietary product and models are the order of the day. The three most important challenges that coaching faces in moving towards a professional footing are- Evidence based approach to coaching means producing evidence that any specific intervention is effective, or being able to demonstrate the return on investment. It also refers to the intelligent and conscientious use of the ‘best current knowledge’ for decision making and delivering coaching to clients and designing and teaching coach training programs. The best current knowledge from the above line refers to the updated information from relevant, valid research, practice and theory (Gravells, 2006, P.3) Behavioural science is the fundamental for the development of the evidence based coaching because the research skills of the practitioners are essential for evaluating the effectiveness of the coaching methodologies. According to an article by Stephen J Dorgan and John Dowdy governments around the world have been committed to raising the productivity for improving the economic performance. In a research by McKinsey Global Institute (MGI) it has been demonstrated yhat for the past three decades productivity at the sector level is driven by the degree to which these companies are exposed to competition. The main argument that has been

My Laissez-Faire Leadership in the Refugee Camp Site Coursework - 7

My Laissez-Faire Leadership in the Refugee Camp Site - Coursework Example Laying down a proper leadership framework should be characterized by optimization of resources, reorganization of growth opportunities among the employees and implementation of proper plans for achieving growth. My future work environment would be an organization where employees will be given importance to the extent as they are the most valuable assets of the organization. The employees will be motivated enough to work with integrity and honesty and perform to their utmost level without being watched or controlled. In order to build such a working environment, the set of core values chosen to be inspired within the organization will include; Integrity, Commitment, and Dedication.We intend to be the nation’s most competitive organization in terms of our products.In order to attain excellence, our manpower will be completely motivated and equipped with the required skills and the prompt responsiveness to the client’s requirements is our primary goal. We consider all memb ers of the organization as an essential and most valuable asset and ensure the betterment of each member to the utmost level.Competencies and skills play a vital role in a successful manager as well as a leader. The proper implementation of leadership framework enables a leader to support the business at large and this is possible through comprehensive personal effectiveness that encompasses management change as well as the promotion of simultaneous innovation within an organization. Working in a conducive and well-organized environment will be my preferable working condition and integrity value should be encountered under my leadership to enhance good managerial facet.   Ã‚  Ã‚  Ã‚  Ã‚   I would prefer to work in a refugee campsite. Most of the refugee camps have displaced people facing potential permeation dangers, especially from terrorist activities. However, the need of education is the key aspect of the people leaving in these camps, and through proper implementation of leadership framework including; Integrity, Commitment, and Dedication, will see people in these camps admire and value the importance of education to the present community.

Products of Native American Culture Essay Example | Topics and Well Written Essays - 2000 words

Products of Native American Culture - Essay Example The text which is used as a product of Native American culture is one which shows a different identity that belongs to America and which once was the main association with the United States, as opposed to the changes which occurred after the land was conquered by the American government. Text as a Product of Native American Culture The text that is a part of culture and history is first defined as a product of Native American culture. The different types of text are able to describe the culture, history, family and the lifestyle that was a part of a given time frame. This traced the history of the Native Americans back into the ancient ways of living while showing how the dominant culture in America was lost through the war. The defining of these elements make the text as a main product of Native American culture, specifically because it is able to define and describe different parts of the culture as well as provide examples that have caused the religious, ceremonial, cultural and h istorical aspects to be engrained with those who are a part of the Native American tradition. When reading the text, there is the ability to understand the entire society. The intertwining of traditions, ranging from the societal hierarchy to the concepts of religion are in each of the text, making it all a significant basis to understanding the history, beliefs and lifestyles of Native Americans. An example of the text as a part of Native American culture is defined with â€Å"Black Elk Speaks.† This particular text is important in defining the ceremonies and cultures of the Sioux while combining this with the historical events taking place when America began to attack the Native Americans. Descriptions such as The Dog Vision, Heyoka Ceremony and the Powers of the Bison and Elk are able to describe elements of the culture and how this related to the changes in America from the past of Native Americans. â€Å"Under the tree that never bloomed I stood and cried because it had withered away. With tears on my face I asked the Great Spirit to give it life and leaves and singing birds, as in my vision† (Neihardt, 193). This is one of several examples that show the intertwining of cultures in the text. The product comes from the connection to nature, prayers that are a part of the practice of Native Americans, and as read through the â€Å"Great Spirit† and which associates with the context of the time. The particular culture is also defined as the narrator is describing the attacks of the Native Americans and how the family is lost because of the American attacks, showing how the culture known is lost because of the historical events taking place at the time. Another representation which shows the text as the Native American culture is through â€Å"Ceremony† by Leslie Silko. Similar to â€Å"Black Elk Speaks,† this book is able to combine the elements of the Native American culture with religion, ceremony and the beliefs that are upheld through generations. However, there is also an understanding of how this has changed because of the divisions which occurred in America over time. â€Å"An old sensitivity had descended in her, surviving thousands of years from the oldest times, when the people shared a single clan name and they told each other who they were†¦

Electrotherapy and Osteoarthritis Essay Example for Free

Electrotherapy and Osteoarthritis Essay Osteoarthritis has been described and defined as a condition involving the human bones that is caused by the breakdown of the joints, leading to the loss of cartilage, or what is known as the ‘cushion’ between the bone and the joint, in the affected joint or joints. Osteoarthritis is known to affect more than twenty million people every year in the United States of America alone. This degenerative disease affects persons aged above forty five, and it is found in both sexes, and it does not distinguish between races and colors and ethnicities. The hands, the feet, the spine and the large joints of the body fall prey to this debilitating disease, and until today, research has not been able to reveal the specific cause of osteoarthritis, although it is true that it can be directly attributed to the impact of ageing. Injuries in a joint, ageing and being overweight can also lead to the onset of osteoarthritis. The pain in osteoarthritis is caused due to the rubbing of the bones together after the cartilage that cushions them has been worn out. Some of the prescribed therapies to deal with the disease are exercise, stringent weight control, resting of the painful joints, pain relief medication, electrotherapy, and alternative therapies, and if the pain is excruciating, surgery. Electrotherapy is today one of the most accepted and used skills of physiotherapists, although it is by no means new. The use of heat, cold and electrical stimulation have been in use for a long time now, but the inherent problem is that the benefits and the advantages or disadvantages if any have not been analyzed or accounted for, and this means that the method is not as widely used as it can be. However, it remains a fact that electricity has been used by medical practitioners for hundreds of years now, and it is now one of the most common treatment approaches, giving new hope to millions of sufferers across the globe. (Kitchen, Sheila 2002) Take for example this table demonstrating the improvement in the management of pain in osteoarthritis using electrotherapy. Recent research has been able to prove that electricity would be able to bring immediate relief for both acute as well as chronic pain, and it must be remembered that in the case of osteoarthritis, the pain can be both acute and chronic. Nevertheless, the exact mechanism of electrotherapy is not known yet, although it is true that the method can block the transmission of pain signals across the nerves, and can also cause the release of endorphins, or the natural painkillers that are created by the body to combat pain. There can be several different types of electrotherapy methods, and some of them are: TENS, or ‘transcutaneous electrical nerve stimulation’, inferential current, and galvanic stimulation. One must note that all the three methods use electrotherapy to stimulate nerves and muscles, through the adhesive pads that are applied on the skin. Electrotherapy must never be used over malignancies, open infections, over pacemaker leads, and over the throat, because it may cause lowered blood pressure, and over a pregnant uterus, as it may affect the fetus. In the year 2004, a randomized double blind pilot study on the impact of electrotherapy on about sixty four osteoarthritis patients suffering from moderate to severe pain in their various joints was conducted. The aim was to study whether the therapy would be useful in alleviating the pain for these patients, and it was found that it would definitely be able to provide temporary relief from severe and intolerable pain. At the present time, stated the researchers who were involved in the experiment, pain relief for osteoarthritis is predominantly medication, and this approach could bring better relief. In the study, the approach was to apply micro to milliamp current to certain specific areas of the patient’s head. This would result in the release of endogenous opioids from the various pain management areas located within the human brain. For a period of two weeks prior to and tow weeks after the study, the subject pain was self assessed using the ‘value scale’, and none of the physicians, patients and the device operators were let in on which device was real and which, false, and the data thus collected revealed the interesting fact that electrotherapy was indeed beneficial in bringing down the pain of the patients of osteoarthritis. According to the Australian Physiotherapy Association, there is sufficient evidence available to prove that physiotherapy management of the knee joints is a very good idea, and that there is a lack of evidence to prove that electrotherapy, specifically shortwave diathermy, including ultrasound, microwave and shortwave may be useful in managing the pain. It may however be true that a recent Cochrane review was able to prove conclusively that TENS or transcutaneous electrical nerve stimulation may be quite effective in controlling pain in these patients. However, better designed studies have to be made before it can be stated that TENS can be used to treat pain for osteoarthritis sufferers. (Bennell K, Hinman R, Crossley K 2001) It is important that the treatment plan must be made with the complete cooperation and consultation with the patient. The treatment goals would depend on the timescale of the treatment that he or she is undergoing for his osteoarthritis, the patient profile, and the affected joints. This would ensure that the patient achieves the maximum benefits of the treatment, so that he may be able to continue living a healthy and active life. Although research has shown that electrotherapy methods like laser therapy and ultrasound do not bring in any significant levels of improvement in the long term for the pain, they do bring in immediate relief from the pain. (EMHM Vogels, HJM Hendrick et al 2003) This cannot be taken to mean that electrotherapy does not bring relief for patients of osteoarthritis; it has been found that low power laser therapy has brought great relief for the pain of sufferers of osteoarthritis in Russia and in Eastern Europe. A study showed that electrotherapy brought relief for pain, mobility, tenderness and functioning in these patients, with relatively little adverse effects. In all probability, the mechanisms treated successfully using laser electrotherapy included peripheral nerve stimulation, resolution of inflammation, enhanced chondrocyte proliferation and increased matrix synthesis. (Ghassemi, M, Marks R 1999) There can be no doubt that the studies conducted so far are by no means conclusive, and the issue of handling the joint pains of those suffering from osteoarthritis with electrotherapy must be analyzed and studies further to bring in real statistics and real results. Perhaps, very soon, there may be available some sort of revolutionary treatment for the management of pain, which these patients would be able to use without fear of side effects or other complications, so that they may be able to continue to live an active and healthy lifestyle.

Nike Football Marketing Report

Nike Football Marketing Report The purpose of this paper is to undertake discussion about the marketing mix of Nikes football boots. Nike football boots are one of the most immaculate products launched under the name of Nike. First of all the paper presents a brief introduction about the Nikes football boots and the proper discussion about the marketing mix is done. In the discussion about marketing mix the element of product is discussed. This discussion entails product features and various football boots that are offered by Nike. The pricing strategy of Nike is discussed and a discussion is done about what makes Nike to charge premium price for its football boots. The stores and centres are mentioned in the section of place. The last and the most intriguing element of promotion mentions thriving and enchanting promotional stunts that are used to promote Nikes football boots including celebrity endorsement of Ronaldo, TVCs and billboard. On the basis of the discussion of marketing a conclusion is presented. After analysis of the marketing mix few strategies are also recommended in the last part of the paper to enhance the marketing mix of Nikes football boots. Ribbon Sport between the years 1964 and 1971 (Nike, 2013). The other brands in Nike Inc.s portfolio are: The Converse Inc., Hurley International, Jordan Brand and the Nike Golf. The company however commenced operations in the design of football boots in the 1990s and created the lightest boots recorded as at the time, The Nike Mercurial which weighed 200g. (Garenthmcknight, 2012). The football boots remain the most immaculate and innovative products of Nike Inc. The boots offer perfect fit, exceptional feel and outstanding ball control as it implies innovative features. With the help of innovative techniques like asymmetrical lacing, strategic stud patterns and by implying All Conditions Control technology, Nike is able to produce these outstanding products. The products provides a wide range of collections to choose from; these include the firm ground to soft ground and indoor. It is not only the product that has earned great response from customers but behind this product of football boots proper and well devised strategies are applied. One of the important facets of these strategies that sum up the overall product philosophy is marketing mix. The following part of the paper discusses marketing mix of the football boots of Nike. Marketing Mix of Nike The marketing mix (or the 4Ps as it is referred) is a marketing tool often used by Marketers to build a strategic plan towards the achievement of the corporate goal whilst also satisfying customers needs. The 4Ps is a combination or mixture of four elements put together to produce the desired plan of action ( Masterson and Pickton, 2010). It was McCarthy who in the mid-twentieth century, called it the theory of the Four Ps as it uses four variables, whose initials in English starting with p. These four Ps are as follows: Product Place Promotion Price Nike football boots are easily recognised from the swoosh logo embedded on all product. Product The product decisions should consider the products advantages and how they will be leveraged (Julian and Michael, 2012, 17). Nike Inc. has several products under its football boots brand and these are the Mercurial Range, Nike Tiempo, Nike T90, CR7, Customised Range (Nike, 2013). Mercurial: This range of football boots were designed using ultra light and ultra responsive technology for the purpose of quick cuts in any direction. This product range features supreme control at high speed with the super lightweight dimpled design. Nike Tiempo Masterful Class: One of the classy pair of boots offered by Nike. The Tiempo is the oldest of the swoosh designs. It was lauched in the summer of 2011 and produced in conservative colour except for the 2013 edition which are in red colour. This brand is designed to particularly improve water retention. Nike T90 Deadly Strike: Designed to deliver the deadliest strike on the pitch. CR7: One of the most famous football boots in the world is CR7. This is the brand that has been endorsed by Cristiano Ronaldo and ingraved with the Love to win, hate to lose graphics. Custom Football Boots: This is another type of boots that are offered by Nike. As the name implies this product allows customers to customise their football boots according to the desired traction, colour and various other options of personalisation. The various brands of the Nike football boots are designed for optima performance aced on the All Conditions Control (ACC) technology to provide optimal ball control in both wet and dry conditions. Three different types of Grind materials are used for the production of football boots. These three different types of Grind materials include upper fabric, foam of midsole and rubber for outsole. For the football boots each Grind material is used to make surface for football field. All products are availables in various colours. Price The pricing strategy of Nikes football boots can be described as competitive to the other sports shoe retailers. This pricing strategy of football boots is akin to the overall pricing strategy of Nike Inc product spectrum. The basis of the pricing strategy is of premium segment and target customers. The prices of Nikes football boots are high when compared to other brands such as Adidas and Puma, however, this could be attributed to the premium quality of the products developed. These high prices are often associated with their successes in sports and with organisations. The price range of Nikes football boots starts from  £60 and goes up to $200. A price list of various products of Nikes football boots is as attached in the appendix (Nike, 2013). Place Place in the marketing mix means distribution channels, outlets and catchment areas. Strategies related to place indicate and takes into account different places where the sale of the product would be consummated (Charles, Joseph and Carl, 2008, 44). Nike Inc. is a global company with many outlets around the world. The exclusive stores sell the different products of the company which includes the various brands of Nike football boots. The football boots are stocked by retailers in almost 200 countries. In the United States alone, these football boots are sold to 20,000 retail accounts. With the help of independent distributors, licensees and subsidiaries Nike Inc. sells its football boots in the international market. Promotion The business uses sponsorship to generate brand authencity in the competitive market. Advertising is a major tool used by the company to drive the brand. A few footballers currently sponsored by Nike football boots are Cristiano Ronaldo, Wayne Rooney and Miroslav Klose. Other scores of promotional techniques are also adopted. A promotional strategy is adopted according to the situation and nature of the product. Following promotional schemes are used by Nike for the promotion of Nike football boots. Television Commercials (TVCs) TVCs that run on TV are full of inspiration and hold in-depth messages. The end product of these adverts are the psychological appeal by portraying stars from football arena. Nikes football boots invites customers to have the experience of wearing these boots. Billboards One of the most effective, most famous and most appealing promotional campaigns that is being practiced by the marketers of Nikes football boots are the billboards. In the review of the billboard, attention must therefore be drawn to the brand logo and tag line. The tag line Just Do It play a major role in enthusing energy and sportsmen spirit among the target market. All billboard adverts undoubtedly have the swoosh and tag line present and without a doubt, these parts are the most recognised all over the world. Celebrity Endorsement Celebrity endorsement is another techniques used by the Nike to attract the target market. These endorsements are regarded as the captivating technique. The football boots are endorsed by renowned, eminent and charismatic football players. Celebrities such as Cristiano Ronaldo, Neymar and Andres Iniesta have been used for endorsement for various brands of the Nike football boots. These celebrities are also found on the companies websites and other advertising platforms. Celebrities chosen usually relate with the product and their personality compliment the product. The SWOT Analysis The need for strategic planning towards the actualisation of a companys goals and objectives can not be over-emphasied. The strategic plan creates a framework for the development, performance expectation and maps out the goals of the furture. Nikes marketing strategy would be further examined using the SWOT Analysis. Strengths Nike football boots are produced using very innovative designs. There are three different types of Grind materials often used for the production of football boots. These three different types of Grind materials include upper fabric, foam of midsole and rubber for outsole. High quality of products: The Nike football boots are associated with high quality products on all brands. Sponsorship: The company is often associated with sponsorship of football players Weaknesses The product prices are quite expensive when compared to other brands. Opportunities The company set to sponsor sport activities such as the Olympics and World Cup tournament. Threats The football boots are in extreme competition with other brands such as Adidas and Puma. The global nature of the brand presents the company with a risk in the cost and margin imbalance. Conclusion This report provides in-depth analysis of the marketing strategies related to product, price, place and promotion of Nike football boots. On the basis of the discussion that is done in the above part of the paper it can be concluded that marketing mix is an important part of the marketing strategy. The discussion reveals that with the help of marketing mix and by implementing effective strategies Nike football boots are successful in positioning the right image in the eyes of the market. Marketing mix is the nub of all marketing strategy. In a way, it can be suggested that marketing mix provides direction to the brand and if it is implemented in the right way just like the marketing mix of Nike football boots is implemented then it leads the brand to touch the zenith and allows organization to operate business lucratively. The pricing strategy, the quality of product, product features, and the way it is being promoted all these strategies speaks for the brand and are consistent with the brand image. Recommendations Although the marketing mix of Nikes football boots is in its perfect form and is doing well for the business but, still there is some room for improvement. Following recommendations can be made in order to enhance the brand image of Nikes football boots. The first strategy that can be adopted is of brand ambassador. Nike has brand ambassador but there is no specific brand ambassador for football boots. The product of football boots is endorsed by a lot of soccer players but there is no brand ambassador of Nikes football boots. Another thing that marketers at Nike can do to enhance the promotional campaign is to form a club. Just like Harley Davidson has a club for bike lovers Nike can also formulate online forums and clubs where soccer lovers can be the members and share their views not only about the game but about the product as well. Just like hoop it up which is a basket ball event that is sponsored by Nike several football events can also be sponsored by Nike to promote Nikes football boots. References Charles, W., Joseph, F., and Carl, D. (2008), Marketing, Cengage Learning. pp. 44 Julian, V., and Michael, V. (2012), Marketing Management, Atlantic Publishers Distri. pp. 17 Kotler, P. (1999), Kotler On Marketing: How To Create, Win, and Dominate Markets, Simon and Schuster. pp. 70 Levy, S. (1999), Brands, consumers, symbols, and research: Sydney J. Levy on marketing, Sage Publication. pp. 45-47 Nike.com. (2013), About products, Nike.com. pp. A-1 Stevens, R. (2003), Marketing Your Business: A Guide to Developing a Strategic Marketing Plan, Routledge. pp. 47-50 William, E. (2004), Product life-cycles as marketing models, University of Chicago Press. pp. 31-36 William, M. (2011), The Marketing Plan: How to Prepare and Implement It, AMACOM. pp. 12

Global Warming Essays -- Environmental Global Climate Change

Global Warming As we all know, Global Warming has become a major scientific and social issue during the past decade. Global Warming - the increase in greenhouse gasses- has captured broad public attention because it would easily damage the nature and many souci-cultural aspects of life. That's why it should be investigated thoroughly. In the following essay, I will introduce you to the different approaches of some writers and state their possible answers to this global problem. First of all, although these commentators differentiate in their approaches, they all agree that the greenhouse effect would have catastrophic consequences that can be easily observed on earth. They all chose to begin their articles by identifying what global warming is and the reasons for it. Most of them point out that the greenhouse gasses and particles trap infrared radiation. As a result, the average surface temperatures increase (Schneider, 1989). The reasons that they all figured out are mostly based on too much combustion of fossil fuels and depletion of vegetation cover (Smil, 1990). Then they all indicate possible solutions such as, reducing CO2 combustion and the rate of population growth, in order to solve the problem or at least minimize the effects. Moreover, they emphasize on the governmental and international actions such as 'Kyoto Agreement' which have been taken to cope with this long crisis. All of them interpret G.W. through a cross international framework. That's because this warming has become a world problem. However, the articles differ in many ways. The ways they explain the issues are not the same. Vaclav Smil discusses about the issue more generally, by giving some historical data and responses from... ... speaks to the issue. Moreover, he draws a clear perspective in his article by shaping the evidences. For these reasons, Vaclav is the one who evaluates the issue better among the others. Bibliography: 1. Bongaarts, John. "Population Growth and Global Warming". Population and Development Review, Vol.18 No.2 (Jun 1992) pp.299-319. 2. Gelbspan, Ross. "A Global Warming Crisis". Jstore.host, (Mar 28,2000) www.yesmagazine.org/12Climatechange/gelbspan.html 3. McCullough, Jennifer. "Taking Stock". Jstore.host, (Mar 28,2000) www.yesmagazine.org/12Climatechange/mccullough.html 4. Schneider, Stephen. "The Greenhouse Effect: Science and Policy". Science, New Series, Vol.243. no.4892 (Feb.10, 1989) pp.771-781. 5. Smil, Vaclav. "Planetary Warming: Realities and Responses". Population and Development Review, Vol.16, No.1. (Mar 1990) pp.1-29.

Applying Common-sense Morality to Life :: essays research papers

Applying Common-Sense Morality to Life   Ã‚  Ã‚  Ã‚  Ã‚  I believe that I could and do â€Å"live with† W. D. Ross’s theory of common-sense morality as my own moral code. I agree with some of the principles that Kant and Utilitarianism follow, but I believe they are too strict. I agree with the system of moral dilemmas and priorities that common-sense morality uses. It allows a person to prioritize moral obligations and choose which obligation is more important based on a particular situation. I believe common-sense morality can easily be applied to situations at home, at work, and at school.   Ã‚  Ã‚  Ã‚  Ã‚  First, I will give an example of how common-sense morality can be applied to a situation at home. Let’s say that my father and I have plans to meet for dinner on Thursday night. According to Ross, I have made a promise to meet him for dinner and this situation would fall under the obligation of fidelity. In class on Thursday, I find out that I have an exam in my business ethics class on Friday and I know that I should stay home and study for it instead of going out to dinner. After thinking about the situation, even though my father and I had previous plans to go to dinner, I would decide to change our plans to a later date and study for the exam. By doing this, I broke my promise to go to dinner, but the exam is more important. According to Ross, I have prioritized the exam over the dinner in order to fulfill by obligation of self-improvement.   Ã‚  Ã‚  Ã‚  Ã‚  Second, I will give an example of how common-sense morality can be applied to a situation at work. Let’s say that I work at Wendy’s fast food restaurant. James, the manager of the store, and I are the only staff members in the store. All of the sudden, James accidentally spills hot grease all over his hand and is screaming for help. I immediately run over to help, but then a woman in the dining area screams to call 911 because her husband is having a heart attack. Now I have a moral dilemma. According to Ross, I have an obligation of beneficence to both people, but I need to evaluate which person’s health is more at risk. In this situation, the person having the heart attack is in much more danger than James. I would call 911 and then tend to James.

Mary, Where are U :: essays research papers

The debate over whether or not the United States government should grant tuition vouchers to the parents of children who attend private schools has gone on for many years, and has included many powerful arguments on both sides of the issue. Those who support the private school vouchers believe that they are beneficial to everyone because they promote productivity in both public and private schools alike, and they also give low-income families the chance to give their children a quality private school education. Those in opposition to the vouchers say that they will drain money out of the public schools, and that they only truly help a small population, mainly the wealthy and advantaged. Opposers also believe that the vouchers interfere with the Separation of Church and State, since many private schools have a religious affiliation. This issue has truly been a controversial one, with many people fighting arduously. After reading through the various arguments for each side, one can not help but come to their own conclusion about private school vouchers. There have been many school voucher programs proposed in the past, but they all seem to share one common theme. This similarity between them is that they all promote giving households that send their children to private schools a tax dollar-funded voucher that would cover all or most of the cost of the school's tuition. Many of the proposals also include the right for parents to chose which private school their child will attend. The vouchers allows students to use the money that would be subsidized for them in a public school to go toward a private school education. This system redirects the flow of educational funding, bringing it to the individual family instead of the school district. The idea of school vouchers first became popular after Milton Friedman, an economist, released two publications, in 1956 and in 1962, that supported the voucher plan. In his 1962 book, Capitalism and Freedom, when Friedman discusses education, he turns to public education criticizes it for being "unresponsive" because it has been free from competition (Lieberman, 120). Vouchers would provide this much needed competition, since public schools would now have to contend with the private schools that were receiving the same payments they were. Friedman believes that, "most dissatisfied parents have only two options. They can enroll their children in private schools, in which case they have to bear the costs in addition to paying taxes to support public schools. Or they can resort to political action, an option Friedman regards as ineffective." (ibid.) After Friedman publicly showed his support for school vouchers, a debate began