Exclusionary Rule

Contemporary Issues Paper: The Exclusionary Rule Jennifer Howell November 6, 2010 The Exclusionary Rule and Its Exceptions Introduction: The Exclusionary Rule The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment â€Å"forbids unreasonable searches and seizures, it does not provide a mechanism for prevention or a remedy. (Jackson, 1996) After passage of the Fourth Amendment, courts began to make laws regarding the rule against unreasonable searches and seizures.The courts designed a rule known as the Exclusionary Rule, which provided a remedy for the violation of a suspect’s Fourth Amendment privileges: any evidence seized in violation of the suspect’s rights and protections may not be used against the suspect in a criminal prosecution. The courts have been working and refining the exclusinary rule since its introduction in the 1900 ’s. (Exclusionary Rule, n. . ) The first case that applied the exclusionary rule was the case of Weeks v. United States, 232 U. S. 393, in which the Supreme Court â€Å"held that the Fourth Amendment barred the use of evidence secured through a warrantless search. † (Exclusionary Rule, n. d. ) The exclusionary rule requires an illegal action by a police officer or agent of the police, evidence secured as a result of the illegal action, and a â€Å"casual connection between the illegal action and the evidence secured. † (Evaluation, n. d. ) Exceptions to the Exclusionary RuleSince the introduction of the exclusionary rule, courts have found that it can not be enforced across the board, and have carved out a number of exceptions. These are: * The Impeachment Exception This exception allows the Government to offer illegally-seized evidence on cross-examination of the defendant to impeach the defendant after the defendant takes the stand and perjures himself. It sho uld be noted that the exception applies only to the testimony of the defendant, and not to any other witnesses. * The Independent Source ExceptionThis exception is a way of protecting the government’s case when the evidence was found â€Å"through an independent source sufficiently distinguishable to be purged of the primary taint. † (Jackson, 1996) That is, the evidence was seized not only illegally, but also legally. * The Inevitable Discovery Exception The inevitable discovery exception was established to allow the admission of illegally-seized evidence that, though it was discovered unlawfully and in violation of the Fourth Amendment, would have inevitably been discovered anyway, through lawful means. The Good Faith Exception When an officer acts on a search warrant and discovers evidence, and the search warrant is later determined to be invalid, the evidence can still be used as long as the officers acted in good faith that the warrant was valid at the time of its execution. This exception was developed because the purpose of the exclusionary rule was not designed to punish the errors of judges and magistrates, but to deter police misconduct. (Exclusionary Rule, n. d. ) * The Harmless Error ExceptionThe harmless error exception allows introduction of evidence as long as the evidence is determined to be â€Å"harmless† evidence – that is, it applies to immaterial issues. The evidence and circumstances are reviewed by the court, and the evidence has to be found harmless by a reasonable doubt. (Jackson, 1996) * The Rule of Attenuation The Court established the â€Å"rule of attenuation,† which allows the introduction of illegally-seized evidence when â€Å"the Fourth Amendment violation is sufficiently far from the discovery of the evidence as to dissipate the taint. (Jackson, 1996) The Courts have provided three factors for Courts to apply to determine if the rule of attenuation applies: â€Å"(1) the length of time betw een the illegality and the seizure of evidence, (2) the presence of additional intervening factors; and (3) the degree and purpose of the official misconduct. † (Jackson, 1996) Legal Implications of the Exclusionary Rule The exclusionary rule and the development of its exceptions are of vital legal importance to the people of the United States.The courts have reasoned that illegally obtained evidence can not be used in a trial to do so would be to condone unconstitutional behavior, thereby â€Å"compromising the integrity of the jury. † (Jackson, 1996) The Fourth Amendment is a constraint on the power of the police officers, and gives the officers an incentive to control their power. The exclusionary rule has great legal implications in that it protects American citizens from officers and other State actors who have personal motivations that â€Å"may otherwise be in conflict with Fourth Amendment compliance. (Jackson, 1996) In fact, the Supreme Court has held that the abuses that gave rise to the exclusionary rule featured intentional conduct which was patently unconstitutional. (Herring, 2009)Political & Financial Implications There are political adversaries of the exclusionary rule, who argue that the rule protects criminals. However, studies show that the actual societal cost of the exclusionary rule is relatively small. The cumulative loss in felony cases attributable to Fourth Amendment violations and the subsequent exclusion of evidence is between . 6% and 2. 5%. (Davies, 1983) The exclusionary rule, while seemingly necessary to deter police misconduct, has financial implications in that when evidence is suppressed, the State may be unable to prosecute the case, and not only wastes the time and costs of the police department involved, but also the time and efforts of judges, court employees, and jurors. Interestingly, Mialon found in his study that the exclusionary rule directly reduces searches by police (in that it reduces chances of a s uccessful conviction) and it also indirectly increases them (via an increase in crime).The exceptions that have been carved out help deter these costs by ensuring that the only cases that are affected by the exclusionary rule are those that truly violated the Fourth Amendment rights of the defendant.Sources: Davies, Thomas (1983) A Hard Look at What We Know (and Still Need to Learn) About the â€Å"Costs† of the Exclusionary Rule: The NIJ Study and Other Studies of â€Å"Lost† Arrests. 1983 American Bar Foundation Research Journal 611,622 Evaluation of the Exclusionary Rule. Retrieved November 4, 2010, from http://www. essortment. com/all/exclusionaryrul_rmlx. htm Exclusionary Rule (n. . ). Retrieved November 3, 2010, from http://legal-dictionary. thefreedictionary. com/Exclusionary+Rule Herring v. United States. (2009) 129 S. Ct. 695 (via scholar. google. com)Jackson, Heather. (1996) Arizona v. Evans: Expanding Exclusionary Rule Exceptions and Contracting Fourth Amend ment Protection. The Journal of Criminal Law & Criminology, Vol 86, No. 4. Northwestern University School of Law. Mialon, Hugo and Sue Mialon. Abstract on The Effects of the Fourth Amendment: An Economic Analysis. Retrieved November 6, 2010, from http://jleo. oxfordjournals. org/content/24/1/22. abstract

Like Riding a Bike

The saying â€Å"it is just like riding a bike† is very commonly used to describe a skill that virtually everyone masters and usually at an early age.   It also means that once the skill is mastered it is never forgotten.   For me, however, this skill was not easy and I still would not consider it mastered.   The difficulties I had in learning how to ride a bicycle not only haunted much of my childhood, but carried over into learning how to drive a car.   The challenging experience began when I was five years old. My mom bought me a new bicycle with the intention of teaching me how to ride it, I learned to ride at age ten and at sixteen was reminded of the difficulties when it was time for me to get my driver’s license.   My struggle was not due to a lack of coordination or ability, because I have been very active in varying sports beginning with football at the age of four.   I excelled at baseball, lacrosse, basketball, roller hockey, and football, but feared the bicycle. I loved the brand new bicycle Mom bought for me and was anxious to learn to ride.   When I actually got on the bike however, I did not feel like I was in control.   As a person who needs to feel in control of situations, I was not comfortable.   Mom said I would gain control as I became better and learned to balance.   I tried to learn and she tried to teach for years.   These attempts usually ended in a screaming match between us and never seemed to get me any closer to mastering the art of bike riding.   I was embarrassed to be the only person my age who did not know how to ride a bicycle, but the fear of injury and lack of control always won out over the embarrassment. By the age of ten, Mom had given up trying to teach me, because we were both tired of it.   I had outgrown the bicycle Mom had bought me without ever riding it.   Through the many battles over it and failed trials, though, it looked like it had been through a war.   I had three younger siblings by this time and all of them had learned to ride bicycles with no more than the usual struggles of learning.   When my four-year-old brother, Dominic, mastered the skill, I knew it was time I overcame my fear and learned.   Somehow, I took strength and courage from my little brother and managed to keep a bicycle in the upright position long enough to say I could ride a bike.   I continue to struggle with the balance and would not say the skill is something I ever mastered, but at least I got over feeling like a failure. When it came time for me to learn to drive a car, the fear of not being in control returned.   I put off getting my permit in attempt to make excuses for not getting my license.   Everyone else my age seemed very excited to have the opportunity to drive, but I found ways to avoid it. I used the same courage I had gained with the bicycle to tackle my fear of driving and met the challenge.   I did not want to be the only teenager around that could not drive a car. At age sixteen I did get my license and have become a good driver.   It did not require balance as the bicycle did and control was easier to gain. Although the fear of not being in control has played a part throughout my life to this point, I have not let it take over my life.   With courage and determination, I have overcome the difficult challenges in my life and plan to take on any new challenges that come along with the same determination.   When people are faced with challenging situations, they have two choices. They can either give up and accept defeat or they can face their fears and the challenge and triumphantly overcome them.   Now when I hear the phrase â€Å"it’s like riding a bike† I know the task might not be easy, but it can be accomplished and once it is learned it will never be forgotten.   It is very easy for young children to be permanently affected by childhood experiences and although I laugh about it now, it did play a role in my learning to drive a car.

Describe how a project manager might achieve effective project Essay - 1

Describe how a project manager might achieve effective project management Refer to project team issues considered in the lecture notes - Essay Example triple constraint† – project scope, time and cost – are a paramount consideration, and are shown as antecedents in the framework in our lecture, reproduced below: The focus of discussion is on the project manager, and what attributes he should possess to be able to effectively manage a project, and by such attributes is meant his (1) knowledge, (2) skills, and (3) attitudes with which he addresses his job. Almost instinctively, the first requirement would be for the project manager to possess the technical knowledge of the processes required in the project, such as construction, IT, engineering, and so forth. Technical competence is plainly and simply a necessary requisite, a product of the PM’s education and training. Some such specialized knowledge are obtainable through courses and seminars, such as those described by Dadashzadeh (2010) as Work Breakdown Structure, Gantt charts, and Earned Value Analysis. Pacelli (2010), in describing the attributes of an effective project manager, states that the PM should have the ability to clearly articulate a project workplan, its dependencies, and the resulting deliverables, which could only b e attained by an elevated level of technical competence. Possessing competence, the PM should possess the skills needed to perform the tasks of project management. This refers to the ability to systematically plan, schedule, calculate costs, and communicate verbally and graphically, not discounting the use of automated (computerized) means where needed. While knowledge implies cognitive appreciation, skill refers to the ability to practice this knowledge with some degree of expertise. Additionally, the best and brightest technical talent need to develop an entirely new skill set to become effective project managers, according to Hitachi Consulting. The recent proliferation of project management toolkits and certifications still leave a skill gap that may be breached only by a focus on proper project management

Personal statement Example | Topics and Well Written Essays - 750 words - 21

Personal Statement Example I want to apply the ONE-YEAR MBA under the full-time MBA. The program is more different and useful to me when I decide to go further with my education. This program is the perfect opportunity for me to show off what makes me special, it is perfectly reasonable for the school to do the same. I want to change my major to MBA and this is on the basis of what I believe is best for me. The main reason for my MBA is so that I can get managerial skills. I took 2 internships before I studied my undergraduate. The reason I did was because of my father. He wanted to know what I wished to do and also how it would help everyone in the long run. That’s why I chose Finance major and Management Science Minor. In addition, during my study time, I took two banks internship at the Bank of China and Zaozhuang Bank to practice the learning from my major. After doing the internship at the bank, I want to know that what I had learnt, and also the knowledge that I need in order to improve the one I have. The third internship experience tells me what I need to learn in my graduating year, and makes me have a clear career goal (Stelzer, 1997). Ever since I was young, my parents challenged me to strive to achieve more in the future and I have always followed this up to date. To start with, my name is LI HUI and I am of the female gender. I was born in China and I have an undergraduate major in Finance. My undergraduate minor is management schience. I have been able to attend the University of Miami, QUFU University and also No. 1 High school of Tengzhou. I have had a number of internship experiences such as; being an intern in Hezhi Materials Trading Co. Ltd; Bank of China, Zaozhuang Bank and Weishan Xingda Materials Trading Co. Ltd. Throughout my internship, I have come to acquire some experiences such as identifying key performance indicators to inform and guide patron behavior and ultimately financial performance and also, the influence of police on the level of crime. In

Weather Forecasting for Weather Derivatives Research Proposal

Weather Forecasting for Weather Derivatives - Research Proposal Example The goal is to determine which method leads to the smallest forecasting error. The forecast is performed only for the one time step ahead and is not required to provide long lasting forecast. Since their inception in 1996, weather derivatives have grown in large quantities. Today, weather derivatives are being used for hedging purposes by companies and industries, whose profits can be adversely affected by unseasonal weather or, for speculative purposes by hedge funds and others interested in capitalizing on those volatile markets. A weather derivative is a financial instrument that has a payoff derived from variables such as temperature, snowfall, humidity and rainfall. However, it is estimated that 98-99% of the weather derivatives now traded are based on temperature. Temperature contracts have as an underlying variable, temperature indices such as Heating Degree Days (HDD) or Cooling Degree Days (CDD) defined on average daily temperatures. The list of traded contracts is extensive and constantly evolving. In the Chicago Mercantile Exchange (CME) there are traded weather contracts based on an index of Cumulative Average Temperature (CAT) for European cities for May to September (Zapranis). Many weather derivatives are traded long before the start of the contract and long before there are any useful forecasts which can indicate the likely weather during the contract period. For instance, contracts for the winter period may be traded in the preceding spring and early summer. In this case, only historical observational data are required for derivative valuation. It is also common for weather derivatives to be priced just before and during the period of the contract. There are two main reasons for this. The ï ¬ rst is that weather derivatives are traded at these times. This can be for economic hedging reasons, or purely for speculation. The second is that companies that have traded a weather derivative often need to track the value of the

Good Will Hunting Essay Example | Topics and Well Written Essays - 750 words

Good Will Hunting - Essay Example The social penetration theory establishes the fact that as relationships develop, the parties’ communication moves from relatively shallow, non-intimate levels to deeper, and levels that are more personal. The theory applies in interpersonal communication and aims at reaching the core personality or sense of self among the communicators (Griffin 10 -18). A cyclical and dialectical approach suggests closeness occurs through a gradual process of  self-disclosure if the participants proceed in a gradual and orderly fashion. The theory is thus not subjective to personal feelings or bias but solely relies on facts instead of opinions. This paper will draw the relationship of the social penetration theory to the relationships portrayed in the film. It will also confirm if relationships move through and how the characters self-disclose. It will also explain if any over-discloses too quickly and whether the lack of disclosure harms any of relationship. To achieve this, the paper wil l consider the Will Hunting relationships with a mathematics professor at MIT, Gerald Lamdeau (Stellan Skarsgard) and that with Sean McGuire (Mr. Williams), a therapist. Relationship of the social penetration theory to the relationships portrayed in the film The most significant relationship in the film Good Will Hunting is the relationship between Will Hunting and Sean McGuire (Mr. Williams), the therapist. This relationship relates to the social penetration theory in many ways. This relationship emanates from an earlier relationship between Will and Lamdeau. Initially, Will would solve mathematical problems and go his way without waiting for recognition. However, after the professor realized his talent, he decided to search for him. Indeed, when Lamdeau found him at work Will Hunting run away but Lamdeau tracks him down in a jail for assaulting a police offer. Here they advanced their shallow communication to a deeper level when Lamdeau bails him out with a condition that Will Hun ting will agree to spend one day a week meeting with a therapist. This leads to the relationship between Will Hunting and Sean, the therapist. They initially had shallow communication. However, subject to the fact that Sean is the survivor of a tough Southie upbringing like Will Hunting, there communication developed deeper as Sean would help him in appreciating his talents. Additionally, Will had intimate relationship with Skylar. Together, Skylar and Sean took the communication with Will to a more personal level where they taught to remove barriers in his life and advance his talents. This was a clear demonstration of the communication theory, social penetration theory. If the relationships moves through and how the characters self-disclose Both relationships move through from relatively shallow communication levels, non-intimate, to more deeper and personal communications. Indeed, were beneficial to all parties as they share their knowledge, experiences, and concern to help one a nother. Actually, out of concern, the professor sought to help Will come to his right senses and went ahead to involve his therapist friend, Sean to help in the mission. The relationships were relevantly relying on facts from education and life experiences. Where Sean was quick to self, disclose to Will, Will pass through many therapists before

Candidiasis Essay Example | Topics and Well Written Essays - 250 words

Candidiasis - Essay Example in its thriving conditions that can be triggered by dampness, impaired defenses and heat provide a productive environment that triggers their growth (Goehring, 2008). Other risk factors include restrictive clothing, poor hygiene, inflammatory diseases, suppression of immunity and altered flora by antibiotic administration (Kourkoumpetis et al., 2010) Different types of candida exist, but majorities are caused by the Candida albicans species. The case presented by the patient is Candidiasis (moniliasis), which occurs on the skin, but commonly attacks intertriginous areas (body parts where two skin areas touch or rub together), genitals, oral mucosa and cuticles (Kauffman, 2011). Symptoms of skin infections include intense itching, red growing skin rash on skin folds and pimple-like infections of hair follicles. Treatment for intertriginous candidiasis starts with a diagnosis by clinical appearance and examination of a sample of skin for testing (Kauffman, 2011). Intertriginous infection is commonly treated with drying agents such as burrow solution that oozes lesions and topical or oral antifungals. For extensive infections, a mixture of oral and topical antifungals can be used for better relief. Patients are also advised to ensure they take preventive measures that aim at keeping the fungal environment stable. In conclusion, fungal infections especially among women are mostly confused with sexually transmitted diseases. One ought to differentiate between the two by establishing that such infections thrive in warm, moist and sweaty conditions that are presented in the event friction occurs when skin parts rub or touch each other. Kourkoumpetis, T., Manolakaki, D., Velmahos, G., Chang, Y., Alam, B., De Moya, M., Sailhamer, A. and Mylonakis, E. (2010).  "Candida infection and colonization among non-trauma emergency surgery patients".  Virulence  1  (5):

Antitrust Practices Essay Example | Topics and Well Written Essays - 500 words

Antitrust Practices - Essay Example This is what F.T.C termed as â€Å"prefrencing†. The pecuniary cost and the non pecuniary cost that was associated with this case we are concerned about the effect on innovation,consumer and investment (Hylton, (2003). It took the commission about a yard to come to the conclusion after carrying out a myriad of investigations that were brought forward by google competitors. The antitrust experts said they would likely push for more sweeping obligations on Google corporate demeanor in the future so that it will not use its powerful position in internet o foster unfair advantage in other business thus giving stifle competition. The cost at which the government may try to enforce the principle of oligopoly in fields as fast moving as internet search, smart phones and online commerce will be quite challenging. The F.T. C was adjudicating for the broad principle so that there would be an agreement not to discriminate in favor its products and services over smaller competitors. The case with google is similar to that of Microsoft. It drew complaints from antitrust regulators and rivaling companies as it expanded its business beyond its dominant product and search advertising. Google is known to have bellicosely gained from its partnership with other fields that include Smartphone software and online commerce. As Google expands its empire, it takes on new competitors and brings formidable forces this making its rivals to suffer. However, Google has taken a stand that is improving its products and services in order to benefit the customers and the economy (Posner, 2001). The Antitrust laws help to serve as the ultimate protector from the competitive process under the free market economy. With this process, it will promote competitive prices and customer choice so that the whole society will benefit from all the possible allocation of resources. The antitrust laws help to ensure open and free markets and prevents conducts that

The importance of international law to international traders Coursework

The importance of international law to international traders - Coursework Example However, recently the line existing between private and public international law has been very unpredictable. Even though both these laws are connected, many times in certain areas of activities conflicts and contradictions can normally arise. 1 International Law includes the basic, classic concepts of law in national legal systems - status, property, obligation, and tort (or delict). It also includes substantive law, procedure, process and remedies. International Law is rooted in acceptance by the nation states which constitute the system. International law is a crucial aspect in international trading and it is mainly concerned with cross border transactions. Since international traders are highly subjected to international trade laws and policies, they work in good collaboration with legal professionals and international trade consultants. 1 Cornell University of Law School. 2010. International Law. [ONLINE] Available at: http://topics. law.cornell .edu/wex/ International _ law. [A ccessed 18 February 11]. Legal theories and jurisprudential concepts in respect of international law The basic International legal system is the process of analyzing the practical workability of the international trade functions related to international policy, and the way in which the international law standards can increase the trade efficiencies .It primarily concentrates more on the usability of laws by the foreign policy makers rather than the exquisite content and exposure of it. International law, distinctively explains the way in which the international legal transactions work and the way in which the foreign organizations incorporate these law in their working system. International law policies and strategies controls trade dealings and avoids manipulation and exploitation in the international commercial activities. 2 For some thirty years international law has been isolated from the rest of the intellectual life by the necessities and distractions of the two world wars. As these early modernists told the history of their discipline , their predecessors, the classic scholars who were ideologically split in to two armies , had turned international law in to a battlefield. The real value of the international law policies is that it gives many areas for the traders and people to work on trade relations and transactions. It is a known fact that United Nations, being the promoter of peace, aim for the peace and tranquility in all the dealings occurring on global level. 3The main aim of the United Nations is the preservation of world peace. It is strongly believed that increased international trade, 2 .Pervis, N, 1991. Critical Legal Studies in Public International Law. Law Journal , 32/1, 81-89 3.J.W.T.Chan. 2007. Modern Law for Global Commerce. [ONLINE] Available at: http://www.uncitral.org/ pdf/english/congress/Chan.pdf. [Accessed 19 February 11]. Which carries with it the increasing interdependency of nations as well as greater and better interactions b etween the people of the world is a strong contributing factor to world peace. Thus the strong support by the United Nations to all initiatives that would remove obstacles to world trade, such as initiatives to harmonize or unify the rules of international tra

Vietnamese Immigration to America Essay Example for Free

Vietnamese Immigration to America Essay Vietnam is located in the Southeastern Asia, bordering the Gulf of Thailand, Gulf of Tonkin, and South China Sea, alongside China, Laos, and Cambodia; 6 00 N, 106 00 E. Its Total Land Area is 329,560 sq km, with a land area of 325,360 sq km and water area of 4,200 sq km. It is slightly larger than New Mexico. Its total land boundary is 4,639 km with border countries like Cambodia, China and Laos. It has3, 444 km coastline which excludes the islands. Its maritime claims include the territorial sea: 12 nm, contiguous zone: 12 nm, exclusive economic zone: 200 nm, continental shelf: 200 nm or to the edge of the continental margin. Its climate tropical in south, monsoon in north with hot, rainy season and warm, dry season in mid-October to mid-March. Its terrain includes low, flat delta in south and north; central highlands; hilly, mountainous in far north and northwest. (See â€Å"Vietnam†. About: Geography). The history of Vietnamese Americans began with the end of the Viet Nam War in 1975. On 28 January 1973, after having spent years and millions of dollars financing the Viet Nam War, the United States government reluctantly agreed to withdraw its financial and military assistance after signing the Agreement on Ending the War and Restoring Peace in Viet Nam. The peace agreement was signed by representatives of the United States, the Republic of Viet Nam (South Viet Nam), and the Democratic Republic of Viet Nam (North Viet Nam) in Paris. The agreement committed the United States and other signatories to respect the independence, sovereignty, unity, and territorial integrity of Viet Nam, called for prisoners of war to be exchanged, and declared an in-place cease fire. Soon after the withdrawal of the United States military and economic support, the military situation deteriorated rapidly for the government of South Viet Nam. The flight of the Vietnamese refugees really began within the country, with the North Vietnamese military offensive of mid-March 1975 resulting in the defeats at Pleiku, Kontum, and Ban Me Thuot. As a result of this military offensive about one million refugees poured out of these areas and headed for Saigon and the coast. Most traveled by foot, few were fortunate enough to travel by car, truck, or motor bike. On 30 April 1975, the capital of South Viet Nam, and thus South Viet Nam, came under the control of the Provisional Revolutionary Government. This resulted in the flight of the Vietnamese refugees to the United States. Vietnamese refugees were not immigrants who chose to come to the U. S. for better political, social, and economic opportunities. Their migration was for the most part unplanned and out of desperation. Vietnamese emigration is generally divided into two periods, each with several â€Å"waves. † The first period began in April 1975 and continued through 1977. This period included the first three waves of Vietnamese refugees in the United States. The first wave of refugees, involving some ten to fifteen thousand people, began at least a week to ten days before the collapse of the government. The second wave, and probably the largest in numbers, involved some eighty thousand, who were evacuated by aircraft during the last days of April. The evacuation of American personnel, their dependents, and Vietnamese affiliated with them was achieved through giant helicopters under â€Å"Operation Frequent Wind. † These individuals were relatively well-educated, spoke some English, had some skills that were marketable, came from urban areas, and were westernized. Members of these two waves were primarily Vietnamese who worked for the U. S. government, American firms, or the Vietnamese government. All were thought to be prepared for life in the United States on the basis of their contact with the American government and association with Americans. The final wave during this period involved forty to sixty thousand people who left on their own in small boats, ships, and commandeered aircraft during the first two weeks of May 1975. They were later transferred to Subic Bay, Philippines and Guam Island after having been picked up, in many cases, by U. S. Navy and cargo ships standing off the coast. A second period of the Vietnamese refugee migration began in 1978. Since the fall of South Viet Nam in 1975, many Vietnamese have tried to escape the political oppression, the major social, and political and economic reforms instituted by the authoritarian government of North Viet Nam. Although the influx continues steadily, the numbers are no longer as massive as they once were. A significant characteristic of this period, especially between the years 1978 to 1980, is the large number of ethnic Chinese migrating out of Viet Nam and Cambodia. In addition to the ethnic Chinese, there were many Vietnamese who left during this period. These individuals have been called â€Å"boat people† because the majority of them escaped in homemade, poorly constructed boats and wooden vessels. Due to flimsy vessels, scant knowledge of navigational skills, limited amount of provisions, and numerous attacks by Thai sea pirates, the death rate of the â€Å"boat people† was and is very high. Many of the boat people are awaiting their fate in refugee camps throughout Southeast Asia. In addition, since 1979 many former receiving countries are turning away refugees because of the economic, political, and social strains that they are allegedly precipitating. (See â€Å"Vietnam War†. Wikipedia, the Free Encyclopedia). The areas where they settled after their migration were in the states of California, Texas, Louisiana, Washington, Virginia, Pennsylvania, and Florida. As a result of the original resettlement, the secondary migration process, and the length of time since their first arrival in 1975, Vietnamese refugees have been able to establish communities throughout the United States, but are generally located in metropolitan and urban areas. Since the Vietnamese were forced to leave their country as a result of the war, personal adjustments such as becoming proficient in English, separating from families, and dealing with war memories are pressing issues. Because many Vietnamese did not know English, learning a new and different language became an important criterion for adjusting to new living conditions in the United States. In addition, the Dispersal Policy forced many extended families to separate, and some Vietnamese have found themselves in new and unfamiliar communities without family or the community support networks which were of great importance in Viet Nam. Finally, because of the traumatic experiences incurred while leaving their homeland, many experience depression, anxiety, alienation, a sense of helplessness, and recurring war nightmares. To assimilate into the United States economically as quickly as possible, many Vietnamese were forced to obtain low paying jobs. Even for those who were professionals in their country, their credentials failed to transferor simply were not accepted in the United States. The large number of people who were members of the military had skills which were no longer marketable. And, because many did not have the necessary skills to find high paying jobs, both men and women have had to find employment. It is easier for women to find employment, especially in the service and low-skill sectors, and women began to occupy positions traditionally held by men. That is, women have succeeded in achieving a degree of economic independence through their employment outside the home. In some cases, women support the entire family while the men receive technical or educational training for occupations with specific skills. Family conflicts between husbands and wives resulted as an unfortunate side effect. Since women were more likely to find jobs than men and in some instances became the only income earner, traditional family roles and authority were changing. Men were no longer the sole provider for the family and their authority was no longer as clear as it was in Viet Nam. There were a number of substantial of Vietnamese who are attending prestigious colleges and universities throughout America. Upon graduation, these individuals have also become members of the professional group or skilled workers in America. However, while there has been some success in the field of education, Vietnamese Americans are not a â€Å"model minority. † After the fall of Viet Nam in 1975, only a small group of children continued their education. Many younger Vietnamese had problems adjusting to American school. Those who seemed to be having the most problems adjusting are those who came either as unaccompanied minors or the recent arrivals. These individuals primarily immigrated after 1975 and most likely came at an age when it was difficult to learn a new language and adjust to a new society; some have turned to gangs, drugs, gambling, and other illegal activities. The formation of youth gangs might have resulted from their inability to catch up with their peers in schools, their unfamiliarity with a strange land, and perhaps their alienation from their families due to cultural gaps. ( See â€Å"The New Migrants from Asia: Vietnamese in the United States†. Organization of American Historians).

Assessing The American Fast Food Industry Business Essay

Assessing The American Fast Food Industry Business Essay The world has become a fast paced environment where people operate on tight schedules. This has reduced time to prepare home cooked meals and has made quick fast food meals very popular especially for adults who shuttle to and from work and the kids who see it as a treat. This trend has made it possible for the fast food industry to thrive. This very competitive industry has a large market made of all ages of the population. The restaurants now produce healthy innovative and nutritious food which surmounts the fears customers have about unhealthy diets. The industry has been highly successful in the United States and has gradually increased its reach to tap into the growing world market. This has made the fast food industry develop rapidly into an international industry. 1.2 INDUSTRY OVERVIEW   A fast food restaurant is synonymous with quick and freshly prepared food which is convenient to the buyers. The most common meals served are: hamburgers, hotdogs, sandwiches, chicken and pizza. The side dishes usually include: salads, fries, baked beans, baked potatoes, onion rings and a wide variety of desserts. Beverages like soft drinks, bottled water, hot chocolate, coffee, tea, milkshakes and juice are also offered alongside with the meals (Hovers, 2010). Fast food franchise chains such as Subway, Burger King,  McDonaldHYPERLINK http://www.buzzle.com/articles/mcdonalds/HYPERLINK http://www.buzzle.com/articles/mcdonalds/s, Prà ªt-a-Manger and Pizza Hut cater to demands for seafood, lean meat, special diet meal components, and other considerable regional variations (Buzzle, 2010). 1.3 ORIGIN OF FIRMS IN THE FAST FOOD INDUSTRY The origins of fast food restaurants in the USA which is also known as fast food capital of the world can probably be traced to a specific date 7 July 1912 when a fast food restaurant was opened in New York City by Horn Hardart. The establishment offered its happy customers a selection of pre-prepared fast foods which were displayed behind small glass windows and coin-operated slots (Yusef, 2002). The development of fast food which is a big business as at today can be traced back to America which made great impact internationally (Yusef, 2002). Although there was undoubtedly fast food all over the world in some shape or form centuries ago, it really started to become a business enterprise when social, manufacturing and economic conditions made it cheaper to eat out (Rowlinson, 2002). 1.4 INTERNATIONALIZATION OF THE FAST FOOD INDUSTRY The internationalization of the food service industry was pioneered by, and is still being dominated by, U.S. based quick-service restaurants (QSR), e.g. McDonalds, Burger King, KFC, and Pizza Hut. The decision by these companies to go international was associated with the great prospect of foreign food service markets and to service Americans travelling abroad. It is interesting to note that American fast food is embraced by young people in many foreign countries as fashion food, an element of the popular Western culture. This has contributed to the success of quick-service restaurant operations in many foreign countries. (Yu, 1999). According to the National Restaurant Association in the United States, there are approximately 160 U.S. owned food service companies operating internationally, this is illustrated in figure 1 Restaurants chain Total us units Total foreign units Mc Donalds 21,022 8,923 KFC 9,863 4,784 BURGER KING 8,874 1,817 SUB WAY 12,516 1,668 WENDY 4,933 564 Table 1: Total US units include both company-owned and franchise- owned units. Source: Personal communication, National Restaurant Association. (Washington, DC, 1997) The firms in the fast food industry (QSR) tend to internationalize fast by adopting franchising as a mode of entry (Yu 1999). Yu also identified that the fast food industry tends to follow lodging industry in internationalizing its operation. This is because of growth in population and economic development. The author identified six world regions these firms have internationalized as Europe, Asia, Africa, Latin America and the Middle East. The internationalization history could be traced to the 1990s and has internationalized greatly spreading to different parts of this world .This could seen to concur with Uppsalas Model of internationalization where firms tend to gradually move to closer countries to reduce uncertainty i.e. psychic distance. Also, the model addresses the issue of objective knowledge which has contributed to their reasons for internationalizing as a result of easy transfer of knowledge. (Johanson and Wiedersheim, 1975). 2.1 POPULAR TARGET MARKET The industry generated its strongest growth outside the US, such that their target markets were in Europe, Asia/Pacific, Middle East-Africa (Apmea) operations. Europe region has been the most popular target market for firms in the industry because of its political and cultural stability (Yu, 1999) while other regions were based on factors like population. 2.2 GEOGRAPHICAL CLUSTER The main target market for the USA fast foods are Europe, Asia pacific, Middle East and Africa. In these countries they have some form of concentration of fast food restaurants in areas close to schools to characterize school neighborhood food environments, shopping malls and the airports. The geo-coded databases research shows that restaurants are strategically positioned at schools, shopping malls and airports which have been used to examine locational patterns of fast-food restaurants in kindergartens, primary and secondary schools in Chicago. The use of bivariate K function statistical method by most researchers to quantify the degree of clustering (spatial dependence) of fast food restaurants around school, shopping mall and airport locations. Fast-food restaurants are concentrated within a short walking distance from schools, and also close to shopping mall, airport which might expose children in school to poor-quality food environments in their school neighborhoods. This might help others such as the travelers and shopaholics (Austin et al, 2005). According to Austin from the Harvard School of Public Healths Prevention Research Center compiled a comprehensive list of 613 fast-food restaurants in the city of Europe, as well as a list of 1,292 public and private kindergartens, elementary schools, middle schools and high schools. Whereby each restaurant and school was assigned longitude and latitude coordinates and census tract identification codes. Using statistical methods, the researchers quantified the distances between schools and restaurants and calculated the degree of clustering. 3.0 FOREIGN MARKET ENTRY MODE Firms Number of foreign outlets Mc Donalds 8,923 KFC 4,984 Burger King 1,817 Sub way 1,668 Wendy 564 Taco Bell 348 Pizza Hut 482 Little Caesars 379 Table 2: Firms location in various continents Source: Personal communication, National Restaurant Association. (Washington, DC, 1997) and annual Report The table identified some countries the number of foreign outlet where the above US fast food firms operate. The major market entry modes employed by these firms in this industry is franchising. Franchising could be seen as one of the entry modes employed by organizations, which involves a contractual agreement between a company and an individual or another company where the franchisor gives the right to do business under a common trade name in a prescribed manner, over a specified period of time and place in exchange for royalties or the payment of other fees. The company offering the right is called the franchisor, the company/ individual who buys and maintains the right is the franchisee, and the right been bought is referred to as the franchise (Mendelsohn, 2004). 3.1 THE APPROPRIATENESS OF THE STRATEGY According to Alan et al (1999), the benefits that accrue to firm that engages in franchising as a mode of entry into foreign markets includes: à ¢Ã¢â€š ¬Ã‚ ¢ Reduced cost and financial risk associated in entering a foreign market à ¢Ã¢â€š ¬Ã‚ ¢ Serves as a good incentive to build profitable operation faster. à ¢Ã¢â€š ¬Ã‚ ¢ It offers strategic alliance which aids the franchisee to benefit from economies of scale and allows the franchisor the regulatory flexibility of a smaller firm. Erramilli et al (1990), in his study identified that the service industry makes use of Franchising as a mode of entry. This is particularly so because Fast food firms offer soft service and his ideas about soft service firms are based on the fact that such firms cannot export their product because exporting necessarily require a separation of producer and consumer and therefore they have to rely on contractual method i.e. franchising/licensing in order to expand their market. Arnold (2003) identified that franchising is the most appropriate for duplication of a business model or format, such as a fast-food retail format and menu. He further identified that fast food is not culture bound in which marketing knowledge (i.e., the product- or service-specific knowledge involved in marketing this particular offering) is at least as important as local market knowledge (i.e., the knowledge required to operate successfully in a particular territory). It is also important to note that in such businesses, the local service personnel are a vital differentiating factor, and these will obviously still be local in orientation even if they operate within an internationally consistent business format.(Arnold 2003: 2) Another idea suggested by researchers is based on Governments in many developing countries are becoming aware of the economic benefits that franchising can bring, and are facilitating the entry of foreign franchisors in their markets (Pelton et al, 1997). Tayeb (2000), suggested that Franchising seems appropriate for firms who want to retain control which will be associated with reduced risk. Erramilli et al (1990) acknowledged that firms in this industry (shown in the table below) tend towards adopting franchising as a mode of entry, basically for market seeking. This can be identified to fit in well with the eclectic theory. This is based on the ownership factor where firms transfer their ownership specific assets to combine with the most favorable sets of traditionally fixed elements in the global economy. This is paramount in order to maintain control which indicates that Franchising is the appropriate strategy for firms in this industry. Table 3: Showing type of service offered by Fast food firms and motive of internationalization Source: Erramilli and Rao (1990:141) Despite the benefit that usually accrue to firms that use franchising as a mode of entry, (Hill, 2009) identified a disadvantage that is Peculiar to the Fast food industry. He was of the opinion that quality control always persists. This is because the geographical distance of the firm from its foreign franchisees can make poor quality difficult to detect. 4.0 THE STRUCTURE AND CONTROL OF FAST FOOD INDUSTRY. The fast food industry has about 200,000 restaurants in the United States and their annual revenue when combined is about $120billion (Hover, 2010). The highly fragmented industry has 25% of the industry market share controlled by top 50 companies (Hover, 2010). The production within the industry is split between a few of the different companies but there is no particular company that has a large enough market share to be able to influence the price levels (Global Edge, 2010). The fast food industry operates on product diversity, service differentiation and internationalization (Stuart, 1993). The fast food restaurants are involved in local market adaptation and adjust some parts of their menu based on the each countrys specific dietary preference. This is in line with Hill (2009), which states that despite the proliferation of standardized products, McDonalds had to find a way to customize its product offerings to suit the differences in taste and preference around the world. The co ntrol system that exists is the cultural control. According to Hill (2009), this control is achieved when staffs of the company take interest in the norm and value systems of the company. The employees can control their behavior which improves operations and management assistance when needed. The fast food industry operates on the transnational strategy. This strategy involves companies that try to realize location economies and experience effects, to leverage products internationally, transfer core competencies and skills and also give consideration to local responsiveness (Hill, 2009). Figure 1: Food service structure Source: Tourism: Goeldner et al, (2000:179) The fast food restaurants in this report fit under the chain broad menu structure. The restaurants have the same name, offer the same kind of service and have standardized menus in different locations. 5.0 EXPLANATION OF ABOVE POINTS The fast food industry tends to internationalize very fast. This imploding pattern of internationalization is prevalent because these various restaurants aim to increase their various outlets and hold a larger market share than that of their competitors. The restaurants are able to control the huge boost of business activities through the tight and stringent quality control measures over franchisees that run the businesses. The location choice for Europe as one of the major destination place for the fast food industry is because of the relative low political risk experienced in these countries compared to other continents. For example in 2001, when the Unites States invaded Afghanistan, McDonalds restaurants were vandalized in Pakistan and Indonesia and there was a call for boycott of US products (Rugman and Collinson, 2009). There is no threat in these European countries and these countries are developed nations which are highly globalized. This makes fast food popular in the counties. The franchising entry mode is prevalent in the fast food industry because it facilitates the low cost global expansion of the restaurants without great risk to the franchiser. The franchisee deals with the day to day running of the business operations and the franchiser controls the operations through rules o The prevalent local menu adaptation as opposed to standardization in the fast food industry is due to different taste and preferences of customers all over the world. For example, For example, in India McDonalds developed a menu which is entirely free of beef and pork to suit the vegetarian preference of the Indian population (Rugman and Collinson, 2009). 6.0 CRITICAL REVIEW OF DUNNINGS OLI PARADIGM This section will critically review how well international business theories best explain the internationalization process, the choice of foreign market entry mode within the Fast food industry. Based on the analysis of entry modes used by key industry players such as Mc Donalds, Burger King Etc the Dunnings OLI paradigm models best explain internationalization behavior within the industry. For this reason, this theory will be discussed in relation to the Fast Food industry. 6.1 DUNNINGS OLI PARADIGM Dunning theory suggest three essential factors are required to engage in FDI place. These factors include the O- ownership, L- location, I- internationalization. Majority of the fast food companies benefit and interact using the internationalization of the Dunnings OLI paradigm to determine the extent of foreign production and activities. The relationship between these factors and franchising as a mode of entry is beneficial and economical to franchisors by taking advantage of franchisees working capital and local knowledge (Teegen, 2000). Usually international franchisers of foreign ownership behaviours involve resource-seeking activities and asset exploitation which was analyzed by (Chung et al, 2004). Dunnings OLI paradigm, which embraces asset-augmenting foreign operations of multinational enterprise (MNE), examines foreign ownership choices of international franchisors which are directly related to their strategic intent. (Dunning, 2007).Considering the data from section 1, an analysis of Dunning theory will be done in the subsequent section. . 6.2 O-Advantages of the FAST FOOD (FF) O-advantages can be viewed from the owners assets of the international firm, making provision for ability and skill that are the due to strategic advantage. Owners assets can be in two dimension such as tangible and intangible. The intangible assets of the MNE include different types of tacit as well as experiential knowledge. In FF business, O-advantages reside mainly in intangible owner assets, which can be social capital and human capital. Such assets include specific managerial potential within the managers and their network, (Bian, 2002). The importance of relational O-advantages originated as a role in reducing inter-firm transaction costs, which can be explained in terms of preference interdependence among members of the same social group (Buckley and Casson, 2003). The main O-advantages of the FF with respect to section1includes: deal-making, relational contracting, operational control, risk management, and firm size. 6.3 L-Advantages of the fast FOOD (FF) Fast Food industries also seek advantages by considering its geographical location choices with its O-advantages. This indicates that firms would always want to create a blend between the O-advantages and the L-advantages of the host market. Most firms target locations that benefit them and also where there is a strategic fit between the capacity of the firm and it requirements and formulation of its operating environment. At this point the main O-advantage of the FF is its relational contracting ability; it must seek out locations where the environment for business is opaque rather than transparent, and relational contracting skills are crucial to successful performance (Yeung, 1999, pg. 120) Another impact of aligning L- and O-advantages is that FFs thrive in other locational environments that may be considered attractive by the Western MNE.i.e. there are specific locational advantages for the international FF to enter regions where it can utilize its ability carry out its operation effectively, economic environments where codified market-enhancing institutions are weak and / or where personal connections are required. A similar argument can be made with respect to industry preference. MNEs and FFs usually operate and succeed in different industries. There is strategic importance of the FFs superior relational contracting ability which is industry-dependent. FFs are found in a range of industries, usually including real estate property development, banking and finance, as well as certain kinds of manufacturing, such as garments and food processing. While individual companies typically engage in non-related diversification, the overall pattern of industry. Cultural familiarity and proximity are an important source of location advantage for firms that understand the culture of the local environments whose characteristics match the locational characteristics of the host country. Thereby with the alignment of the psychic distance, such advantages relate to specific cultural knowledge and skills. In the case of America, they may include familiaring the firm to the language of the host country. This therefore leads to a cluster of these firms in order to achieve this benefit. 6.4 I-Advantages of the FAST FOOD (FF) In MNE theory, I-advantages provide the benefit to undertake related international business activities within the firm, rather than contracting them out to other firms or exporting them. The I-advantages of the international FF center on its characteristic ability to quickly mobilize coordinated action and resources, thereby gaining advantages of timing and flexibility vis-à  -vis competitors (Yeung, 1999). The focus is positioned in the network structure, which enable it to gain assets and capabilities of others in the network. The tatics behind internalization can be explicit in terms of transaction costs. When inter-firm transaction costs exceed the cost of intra-firm transacting, efficiency is improved by internalizing market transactions within the firm. Conversely, when intra-firm transaction costs exceed the cost of inter-firm transacting, efficiency is improved by externalizing transactions to the market. The comparison cost of conducting inter-firm transactions among members of a network with the cost of intra-firm transactions within the internalized firm shows a grounded network can be the more efficient way to organize (Buckley and Casson, 2003). The Ownership assets that give the international FF its distinctive O advantages are on the basis that are highly intangible human capital assets involved in relational contracting capabilities and deal making skills (Hamilton, 1996). These are characteristics that cannot easily be sold in markets and must therefore be exploited internally, within the firm. The resulting timing advantages account for the prevalence of the FF in industries where windows of opportunity open and close faster. Conclusion Finally, since FFs are relatively big in comparison with Western MNEs, they are able to achieve a high degree of operating flexibility without sophisticated internal organizational processes and systems. However, it also leaves them unable to expand the size of their organizations when it would be strategically advantageous to do so. In such cases, the business network can allow the big firms to surmount some of the limitations of size (Child, 1973, 1984), including economic and geographic limitations (Hamilton, 1996) and transaction costs (Buckley and Casson, 1993). Hence this study concurs with the factors responsible for internationalization as stated by Dunning theory of internationalization

China :: essays research papers

China is a Communist Republic government. This means that the government regulates, sets rules, and runs most business in China. However, the increase in a worldwide economy around the middle of the 20th century caused China to evaluate their government and decide that something must be done to stimulate the Chinese economy and bring entrepreneurs to China otherwise they will be left behind in the forever-growing global economy. In fact, China has changing a lot from the past 30 years, and we can really tell the change. China is a great capitalism country now. That means, the government is controlling everything. However, with the change of the Chinese government, they become more flexible than before. This way can helping at the economy grow, and improve people ¡Ã‚ ¦s lives. We can see from the videos that there are more and more building, shops, and bars build in the cities of China. If you go to visit about 30 years ago, you may not see these views.  ¡Ã‚ §China is improving step by step, ¡Ã‚ ¨ one man said from the video. However, as the report shows, there are too many building now in China, and there are not many people who want and can afford to buy the buildings. That may loose the original purpose of this idea. Deng Xiaoping, the leader of China disbands communes who had already died, allowing farmers to freely sell their products and introduces profit incentives for factories. It is called  ¡Ã‚ §Socialism with Chinese characteristics ¡Ã‚ ¨ - a wonder of rhetoric. From there, many of the farmers start to sell their lands, and move to the big cities like Beijing, or open shops instead of farm. Under Jiang Zemin ¡Ã‚ ¦s leadership who is the leader after Deng Xiaoping ¡Ã‚ ¦s dead, the 15th Party Congress reveals its plan to sell most state-owned industries. It becomes privatize. In the coming years, tens of million of workers will be laid off; with no social protection is sight. Now, is this still socialism, no it ¡Ã‚ ¦s the raw capitalism. For the average Chinese, it might be the worst of both worlds.   Ã‚  Ã‚  Ã‚  Ã‚  Some people will put the Confucianism into the discussion of the capitalism. Chinese people called this combine idea as Internalism. Capitalism for China is to centralize all of the Chinese market, and use Confucianism into the modernity idea. It can help the developing of the economy and the growth of the production. In other words, they are just using Confucianism ¡Ã‚ ¦s united idea and thinking to look at the capitalism.

Sigmund Freud Essay -- essays research papers fc

Freud didn't exactly invent the idea of the conscious versus unconscious mind, but he certainly was responsible for making it popular. The conscious mind is what you are aware of at any particular moment, your present perceptions, memories, thoughts, fantasies, feelings, etc. Working closely with the conscious mind is what Freud called the preconscious, what we might today call "available memory:" anything that can easily be made conscious, the memories you are not at the moment thinking about but can readily bring to mind. Now no one has a problem with these two layers of mind. But Freud suggested that these are the smallest parts. The largest part by far is the unconscious. It includes all the things that are not easily available to awareness, including many things that have their origins there, such as our drives or instincts, and things that are put there because we can't bear to look at them, such as the memories and emotions associated with trauma. According to Freud, the unconscious is the source of our motivations, whether they be simple desires for food or sex, neurotic compulsions, or the motives of an artist or scientist. And yet, we are often driven to deny or resist becoming conscious of these motives, and they are often available to us only in disguised form. Freudian psychological reality begins with the world, full of objects. Among them is a very special object, the organism. The organism is special in that it acts to survive and reproduce, and it is guided toward those ends by its needs such as hunger, thirst, the avoidance of pain, and sex. A part -- a very important part -- of the organism is the nervous system, which has as one its characteristics a sensitivity to the organism's needs. At birth, that nervous system is little more than that of any other animal, an "it" or id. The nervous system, as id, translates the organism's needs into motivational forces. Freud also called them wishes. This translation from need to wish is called the primary process. The id works in keeping with the pleasure principle, which can be understood as a demand to take care of needs immediately. Just picture the hungry infant, screaming itself blue. It doesn't "know" what it wants in any adult sense; it just knows that it wants it and it wants it now. The infant, in the Freudian view, is pure, or ... ... and represents the resurgence of the sex drive in adolescence, and the more specific focusing of pleasure in sexual intercourse. Freud felt that masturbation, oral sex, homosexuality, and many other things we find acceptable in adulthood today, were immature. This is a true stage theory, meaning that Freudians believe that we all go through these stages, in this order, and pretty close to these ages. Some of Freud's ideas are clearly tied to his culture and era. Other ideas are not easily testable. Some may even be a matter of Freud's own personality and experiences. But Freud was an excellent observer of the human condition, and enough of what he said has relevance today that he will be a part of personality textbooks for years to come. Even when theorists come up with dramatically different ideas about how we work, they compare their ideas with Freud's. BIBLIOGRAPHY McCary, J L. Psychology of Personality. New York 1956. Blum G S. A study of the Psychoanalytic Theory of Psychosexual Development NY 1949 Brill A. Freud's contribution to psychiatric. NY 1944 Reuben Fine. A critical re-evaluation of his theories NY 1962 P. Rieff. Freud The mind of the moralist NY 1959

A Story from My Memory: The Clash

Memories†¦ past events that tell the history of a person; this makes him or her unique from other people. Memories, if I think about it, I guess I do not have much of that. It is just the way it is for me. It is like my memories are easily removed from my mind so that not much of my history is left. However, despite this, there was this one night a long time ago that I would never forget.I believe it was in the year 1992, though my mind tells me that it is not sure whether it really was. Do you know the feeling of knowing the period in your life when an event happened, yet, at the same time, you are not sure of the time details? I think this is a great example for that. Somewhere in my brain, there is sureness that the event happened during my 5th or 6th year of life. The setting was Saudi Arabia, my homeland, and it was before the beginning of the Desert Storm.Just like every other siblings, my sister and I love staying up late. During that night we planned to stay up all night to chit-chat and play. We planned to do the stuff   normal girls enjoy. The night was beautiful and ideal for that. Children would have loved to enjoy that night, of course, without knowing the following events to happen.There were clear skies. As we lay in bed, there was a sudden flash of light coming from the window. It was really bright! The first thing that came into my mind was to know the source of the light. Without further thinking, I went out to see what that was, and there came what seemed to be the source†¦ it was an explosion. I saw a big explosion in the mid-air.My mind went haywire. As young as I was back then, I may say that I was really vulnerable and fragile. For a moment, I could not move and I was shocked at the huge explosion right in front of my eyes. Now that I think of it, I would surely say that it was no laughing matter, and it was completely nothing like what my sister and I had intended to do that night.The explosion that I saw was the second one a nd I was afraid of the next. I just knew that there was another one coming, and I was right. Ten seconds later, as I stayed to watch what happened next, there was a flying object coming from the same direction! In my mind, I was like saying, â€Å"Oh no! It might hit us!† and then, I saw something that flew from the ground, and it hit that flying object.It exploded! A clash! Voila! Another explosion right before my own eyes! The events were too much to handle. I was so young to see the bad things of the world.My body was pumped with adrenaline as I witnessed the event. I panicked and I was so afraid that all I can think of was to run to my parents’ room. When I reached their room, I saw my father trying to calm my mother. My father was from the military.He gave my mother directions on what to do. He said to her, â€Å"You should take the kids and go with your family out of the city.† Why did he tell her that? Why did we have to leave? My mind was full of questio ns but at the same time all I can do is follow. Afterwards, my father received a phone call from the military base. My father’s reaction was to wear his military uniform, say goodbye to us and leave.My mind, as young as it was, cannot fully understand the happenings that night. However, as the years passed, I learned that that moment was the beginning of the desert storm. It was also only after a while when I learned about the anti-missile system that was used to protect Saudi Arabia was the same thing that protected the people in our place from the ballistic missile heading near our home.The United States provided antiballistic defense during those times to protect the kingdom during the Gulf War. (ARCENT Saudi Arabia (ARCENT-SA) ) Without the protection, who knows what may have happened. I am very thankful that what I witnessed was a series of mid-air explosions instead of ground ones or else wide-ranged death may be my story here.My youthful mind can be said to be not as i nnocent as it may be. To me, the event was a mind-opening one. It made me aware of the nature of humans and the things that they do.   As I look at my young self, I may say that I have already witnessed the harshness of man-made evils that can really kill people. The missiles may not have harmed us physically, but emotionally and intellectually, there have been scars from that event. The mere thought of my father leaving for war where life is like always hanging in line is a very devastating idea for me.People can be harmed by the technology that man builds; at the same time, it can also protect them. The event in my life that I told is a part of my history, maybe not only mine, but also of others who have seen it. Now, as I brought my story to life through my writing, it made me more aware of my life. It made me realize that around us, disasters are possible, natural or artificial. These phenomena take lives as they pass and that we must be ready. Our life on earth is just short and we must make every moment of it count.Bibliography ARCENT Saudi Arabia (ARCENT-SA) . (n.d.). Retrieved June 02, 2010, from Global Security.Org: http://www.globalsecurity.org/military/agency/army/arcent-sa.htm

Lesson Observation

PGCE 1 Observation 1 Date 24/11/2009 Author: Gareth Jones Observation of an Experienced Teacher An Evaluation Introduction My first observation was at a4e, which is where I volunteer for 5 hours per week. These hours count towards my teaching hours as part of my PGCE. The teacher delivering the session was Charlotte Faichney who is the Skills for Life specialist. She delivers the Numeracy and Literacy modules at the a4e Wrexham office. The students’s ages ranged from 16 to 18 and were at Entry Level 2 and 3. The session was held in Basic Skills Classroom, which is well equipped, well lit and well maintained. This showed an understanding about ways to maintain a learning environment in which learners feel safe and supported (BK 1. 1) This was my first observation and would count towards the PTLLS module of my PGCE. The session ran for 95 minutes. Planning The aim of the lesson was to introduce the learners to different aspects of handling data through the use of circus skills. The learner’s objectives were to record numerical data, extract and interpret that data and to make comparisons with the use of bar charts. They would have to find the average and the range for a set of data. The lesson plan showed a logical flow from introduction of the session, to the practical exercises, collecting and interpreting the data and the final Q & A session that evaluated the success of planned learning activities (DP 3. 1). These Q & A sections were relevant and acted as a natural stepping stone to progress the lesson. The first Q & A established prior knowledge, while the second assessed the newly acquired knowledge before starting the main activity. The next session re-capped the activity and gave the learners the opportunity to analyse their results. The fourth session enable students the knowledge to calculate arithmetic averages for their sets of data and the last session was a summative assessment of the whole session. This detailed plan really showed how to plan a teaching and learning session (DK 1. 2). Management of Learning Communication, both verbal and demonstrative was clear, concise and always relevant. The teacher was always engaging and confidently controlled the classroom. I noticed that she used open and Socratic questions to draw out answers from the learners. There was strict adherence to the rules of the classroom that were predominantly displayed on a poster. These rules covered behaviour, what the teacher expected from the learners in terms of input and what the learners could expect from the teacher. Mobile phones had to be switched off and food and drink were not allowed. The teacher was proactive and walked confidently around the classroom.. It showed me the importance of establishing and sticking to firm rules and gave me a valuable insight on how beneficial classroom management can be to both the teacher and the learner. The lesson was definitely learner focussed, as all students were fully engaged and participed in collaborative learning activities. Biggs (1994) argues â€Å"The focus should not be on the skills itself, but whether its deployment has the desired effect on student learning. † Learners were encouraged to discuss their findings and the Q & A ensured that the learners had to think about what, and how they could use, what they were learning. Gibbs (1981) states that â€Å"this is one of the qualities displayed by learners with a deep approach†. . Resources The circus skills theme was fun and made the collection and interpretation of data less mundane than it could have been. This highlighted ways to engage, motivate and encourage active participation of learners and learner independence (BK 2. 2). The handouts were clear and relevant, whilst the flipchart provided a good point of reference throughout the session. Although I have used these resources myself, I could see how well thought out and good quality handouts greatly enhanced the learning experience. The flipchart was covered when not in use to prevent distraction. There were three skills to try, which catered for the varying abilities. Information was easily recordable, which meant extraction and interpretation was very manageable. I could see that the impact of resources on effective learning (BK 5. 1) was clearly visible and the emphasis was on the needs of the student. Reece and Walker, (2007, p26) state that a teaching strategy maybe defined as â€Å"a purposeful combination of student activities supported by appropriate resources to provide a particular learning experience (process) and/or to bring about the desired learning (product)† Assessment Initial assessment was carried out by using a Q & A session to establish prior knowledge of tally and bar charts and also of the meaning of mean, mode, range and median. Formative assessment took the form of Q & A about the results from the tally chart exercise, the deliberate omissions from the tutor’s bar graph. The leaner’s swapped graphs and had to interpret each other’s results, which showed ways to develop, establish and promote peer and self assessment (EK (1. 3). The results from calculating the mean, mode, range and median were discussed and an understanding of the terminology was verified. For summative for assessment, we re-visited the flipchart to re-cap on the session, using Q & A to determine which areas the learners required more information on. The session showed the teacher used appropriate forms of assessment and evaluated their effectiveness in producing information useful to the teacher and the learner (EP 1. 1) Conclusion The first thing I noticed was how the layout and environment of the room impacted on the learner’s attitude to the session. They are normally in a nosier more congested classroom and as a whole are generally quite rowdy. They settled quickly and seemed eager to start the session and were asking questions before the session had even began. Once they realised they were going to try various circus skills their level of interest grew even more. It seemed to me to be a great way of delivering a session. They were having fun, learning about collating, recording and extraction of data, carrying out self and peer assessment and obtaining an understanding of various mathematical terms. This technique would be useful in covering differentiation within the classroom. The teacher guided the session, whilst the learners drove it. She was inclusive and took an active part in what was going on. However she stood back as soon as the learners were actively engaged to observe and assess the activity. Most of the learners want to work in factories or retail, so an understanding of sales and production figures, which normally come in the form of charts, is required. Most stock taking is initially carried out using a tally system and knowing how to calculate the mean, range, median and mode is useful in most present day jobs. Most businesses place a huge emphasis on the gathering and interpretation of data. Without detailed and up-to-date information they consider themselves to be â€Å"running blind†. This session has shown me that you don’t just go out and deliver a given subject in its rawest form. I can see the benefits of innovative teaching methods and using visual and kinaesthetic strategies. The use of formative and summative assessment to establish that learning has taken place can not be argued against. Whilst the teacher’s use of peer and self assessment to compliment this strategy underlines the value placed on it. I agree with Reece and Walker (2007, p369), who state that, â€Å"The important thing is that assessment is an integral part of each lesson, the course and of the learning†. References Biggs, J (1999) Teaching for Quality Learning at University, Buckingham: SRHE and Open University Press. (Gibbs, G. (1981) Teaching Students to Learn. Milton Keynes and Philadelphia: Open University Press Reece, Ian and Walker, Stephen, (2007) Teaching, training and learning, 6th Ed. Tyne and Wear: Business Education Publishers Ltd. Appendix Evaluation Sheets Session Plan Handouts

Ch 9 and 10

How are osteoarthritis and rheumatoid arthritis different? Osteoarthritis usually affects people 60 or older and is caused by increasing wear and tear at the joint surfaces or from genetic factors affecting collagen formation. On the other hand rheumatoid arthritis is an inflammatory condition. It is caused by the body attacking its own tissues as well as allergies, bacteria, viruses, and other genetic factors. 2) When the triceps brachii muscle contracts, what movements does it produce? When the triceps brachii muscle contracts, it produces extension of the arm. ) Why is the inferior region of the shoulder joint most vulnerable to dislocation? It is most vulnerable to dislocation because it is the most mobile synovial joint. Because of this it is frail and relies only on the surrounding ligaments, muscles, and tendons for stability. 4) A high school student comes to the emergency room complaining of persistent pain and stiffness in her shoulder joint. In talking with her, you discov er that she has been spending many hours trying to improve her pitching skills for her school's softball team.What is likely causing the pain? A shoulder subluxation is most likely causing her pain. This is a partial dislocation of the shoulder and is caused by her overusing her shoulder. This may cause a loose shoulder where her shoulder capsule will be stretched out as well as the ligaments. This could further lead to chronic shoulder instability. 5) Mary wants to enter a weight-lifting competition and consults you as to what type of muscle fibers she needs to develop and how she should go about it. What would you suggest to her?Mary needs to develop her fast muscle fibers. In order to do this, she will need to have frequent, brief and intensive workouts. She also needs to create muscle hypertrophy which will create an enlargement of the stimulated muscle. She can gain this by repeated and exhaustive stimulation which will create more mitochondria. With repeatedly stimulated muscl es she can create near-maximal tension. 6) Describe the basic sequence of events that occurs at the neuromuscular junction and in the muscle cell.The first step is the arrival of an action potential at the synaptic terminal, next is the release of acetylcholine into the synaptic cleft, then Ach binds at the motor end plate and causes sodium-ion to rush into sarcoplasm which is then quickly broken down by AChE. The last step is it returns to initial state which occurs if another action potential arrives at the NMJ. 7) Many visceral smooth muscle cells lack motor neuron innervation. How are their contractions coordinated and controlled? Visceral smooth muscle cell’s contractions are coordinated by rhythmic cycles of activity that are controlled by pacesetter cells. ) A hypothetical genetic disease causes the body to produce antibodies that compete with acetylcholine for receptors on the motor end plate. Patients with this disease exhibit varying degrees of muscle weakness and f laccid paralysis in the affected muscles. If you could administer a drug that inhibits acetylcholinesterase or a drug that blocks acetylcholine, which one would you use to alleviate these symptoms? I would use a drug that inhibits acetylcholinesterase so that acetylcholine is not blocked.If the disease is producing antibodies that compete with acetylcholine than we would not want a drug that blocks it, we would want to inhibit it to activate the muscles. 9) Thirty minutes after Mary has completed a 25-km race, she begins to notice severe muscle soreness and stiffness in her legs. Her urine is dark colored. She wonders whether she may have damaged her muscles during the race. She visits the ER, and the doctor orders several blood tests. What kind of blood tests can help determine whether muscle damage has occurred?The type of blood tests that can help determine whether muscle damage has occurred include Creatine kinase tests, blood enzyme tests, kidney tests, electrolytes tests, red blood cells tests, and a complete blood count test. 10) Describe a motor unit. How many fibers does a muscle unit contain? A motor unit is controlled by a single motor neuron. It contains hundreds of muscle fibers that contract at the same time. All of the fibers will be the same type and the number of muscle fibers will vary within each unit. Usually, the number of muscle fibers innervated by a motor unit is a purpose of a muscle's need for polished motion

Donnie Darko †Detailed Summary Essay

Donnie Darko is an intelligent, yet delirious and emotionally-ill teenager, who’s idealistic fantasy of correcting the wrongs in society, finally appears possible in a ‘tangent universe’ (an imaginative reality), where he is guided by an imaginary friend Frank, who appears as a malevolent giant bunny in Donnie’s day-time hallucinations. In the early stages of the film, Frank literally lures Donnie from reality and introduces him to a tangent universe where Donnie observes what would’ve been, (yet ultimately is) his own death in reality, where he is crushed by a plummeting airliner engine that crashes through the roof of his house directly above his bedroom where he sleeps. In the tangent reality though, he is merely a bystander, bemused and frightened by the calamity of the aftermath, as he returns home the morning subsequent to the disaster. He realizes that his long sleep-walk adventure the previous night, (Summoned by Frank) had ensured the avoidance of his death. The viewer is initially under the impression that Frank is a product of Donnie’s disturbed and inventive sub-conscious, as he is but a vehicle to allow Donnie’s inhibitions to express themselves through acts of desecration. In many ways, Frank seems to take advantage of Donnie’s mental state by coercing him to perpetrate crime. Yet Donnie appears to advocate his own actions, indicating his intentions for societal change, reformation, and also for companionship – he fears the prospect of â€Å"dying alone,† in which case, Frank is an ally who can assist Donnie in coping with his emotional struggles and hardships. The fact that Donnie’s mental condition is later classified as ‘paranoid schizophrenia’ by Dr Thurman (Donnie’s psychiatrist), would appear as another viable theory or impression, for the viewer to follow. However, it proves not as strong. The reason being, is that the initial or aforementioned theory supports the film’s noteworthy theme that ‘destruction is a form of creation’ (an idea propagated by Donnie’s secondary literacy teacher, Mrs. Pomeroy), whereas the latter is a shallow, yet logical conclusion that isn’t glaringly in keeping with any underlying messages of the film itself. Later in the film, the tangent universe allows for the discovery of Frank, as an authentic person, who is murdered by Donnie as he is directly responsible for a fatal car accident involving Donnie’s much- adored ‘tangent’ girlfriend, Gretchen. This enlightens us as to the reason for Frank’s contact with Donnie. – Frank has traveled back through time, to in-turn; open a port-hole to Donnie’s future and enable Donnie to view aspects of his life ahead as a series of visual manifestations, (ie post airliner engine catastrophe). In doing this, he informs Donnie that Armageddon will arrive in twenty-eight days, which conveniently serves as a manipulative motive to aid his primary objective: – To discourage Donnie in continuing his life in reality; in the hope that Frank’s life will be spared. At this point in the film, the recurring theme of time travel claims its stronghold, regardless of previous acknowledgements and inferences. For instance, in one particular scene Frank implies he is from the future, and in numerous others, Donnie is seen eagerly researching and discussing theoretical revelations, pertaining to the philosophy of time travel. Evidently though, these scenes and others, such as the ‘Frank-influenced’ despoilment of Donnie’s school and the arson of a corrupt perverts house, illustrate critical stages of Donnie’s inner journey – that is, from a disillusioned teenager, troubled by the folly of mainstream attitudinal beliefs, to an individual who transcends reality in order to subsist in an idealistically superior society, of his own invention. After twenty-seven days of endeavor through outrageous public displays and clandestine defilement, the foretold event of Armageddon looms near. Donnie ambles through the final moments of his tangent existence (inner journey), as his character-defining tenacious dynamism begins to fade. As expected, he assumes his fatalistic mentality of â€Å"all living things have a set path,† and that humans are merely vessels traveling along â€Å"God’s channel,† gradually nearing a pre-determined destination. At this stage, Donnie’s mindset suggests a search for spiritual solace and religious meaning. Whilst denying an utterly defeatist outlook, Donnie exerts a courageous exterior by modestly welcoming his fate, in the hope that there will be â€Å"so much to look forward to.† He is of course referring to a reformed humanity that is devoid of inadequacy, corruption and suppression. It is here, that the film takes an unexpected turn, whereby Donnie’s inner journey in the tangent universe is virtually thwarted due to the sub-conscious acknowledgement of an audible phrase, originally voiced by his late girlfriend, Gretchen. It is part of her conjecture of emotional solace: â€Å"What if you could go back through time, and replace all those hours of pain and darkness with something better?† At this point, Frank uses his god-like essence to summon Donnie in reality, assuming that he’d been subjected to enough to be dissuaded, and, much to the viewer’s astonishment, Donnie awakes in bed, hysterically laughing in awe and disbelief of his ‘dream.’ Whilst conscious, he remembers the tangent visions of pain and anguish, including Gretchen’s death, and the murder of Frank, and decides that his future should be exempt from more emotional suffering. Donnie opts to conclude his inner journey heroically, by means of self-sacrifice – that is, to allow the plummeting airliner engine to destroy him, thus ensuring an extended life for his beloved female tangent counterpart, Gretchen. The film Donnie Darko is significant to the theme of ‘imaginary journey’ as it details a person’s sinister epigrammatic voyage into the future, and consequent development of emotional alteration. Director Richard Kelly uses the character Donnie as a representation of idealistic thought inherent in society. It is no undisclosed fact that society itself, is pervaded by thoughts and ideals that are in contrast with expected societal opinion. Kelly hints at the notion that we are engaged in the journey of life, yet our propulsion is suppressed somewhat, by the  undeniable need to conform to society’s bounds and restrictions – thus society would seem to preclude humans from achieving their primary goal(s) or concluding their journeys. Also intertwined with this perception, is the suggestion of the faà §ade of human nature. Kelly suggests it is unnatural for veritable human inclination to be constrained, hence the rationale of life-long journeys that are embarked upon to discover a sense of self. Donnie’s self discovery is shown through his sacrifice for Gretchen. Whilst on his imaginary journey, Donnie identifies with her troubled emotions and sinister background of family trauma. He discovers a person remarkably similar to himself, so his sacrifice in essence could be perceived as an effort of self-preservation as he was intent on ensuring continuity of his ‘spirit’ within a physical entity other than himself. This is a viable interpretation, relevant to a reflective ‘inner’ journey, as it is a primary motive for initial commitment to the journey itself. Kelly realizes that Donnie’s journey is exceedingly implausible and unrealistic. Without detracting from the intended solemnity, it seems a feat such as Donnie’s could only be surmounted by a ‘philosophical super-hero’ with ethereal powers. Kelly deliberately captures the fervent yet slightly naà ¯ve central vision of Donnie’s ideological expectations in the films title, and in Donnie’s heroic bravado. Nonetheless, he encourages provocation of thought and motivational urge on our set path in life, or inner journey. The reason being is that humans are inclined to stray from reality, if indeed; there is an absence of true accomplishment in their existence. By this, Kelly infers that an inner journey is necessary to undergo, as it induces self-gratification and contributes to the conservation and perpetuation of ones psyche. Director Richard Kelly uses the medium of time travel to symbolize the eternal human endeavor/journey in Donnie Darko. I use eternal, because we yearn for such an easy method as time travel to reveal future outcomes and destinations, yet we are simultaneously disenchanted by its obvious  impracticalities. Kelly expresses his interpretation of fatalism via ‘liquid spears,’ which consist of water and metal, and appear as a cylindrical protrusion from a human’s chest. In the scene known as the ‘liquid spear waltz,’ (tangent universe), Donnie in his hallucinatory state, sees these spears connected to the chests of his friends and family. He observes that the individual always follows the path of the spear, to their immediate destination. For example, Donnie’s spear leads him to the fridge on one occasion, whilst he was thirsting for a drink. He would’ve made that same trip even if the spear wasn’t there. Furthermore, the inclusion of mystical activity in the film, such as the liquid spear, adds to the surrealism of the tangent universe, reinforcing the ‘imaginary’ focus of Donnie’s journey. Kelly has portrayed the same dream-like atmosphere via other medium also. For example, many of the tangent universe scenes are in slow-motion, and filmed from an aerial perspective. This informs the viewer of the simulation of the tangent universe, whilst creating a mystic atmosphere and mood. Finally, Kelly’s concept of fatalism may well be perceived as a mere scapegoat for human failure, yet such a perception would be grossly incorrect. He emphasizes that; we shouldn’t knowingly inhibit ourselves because we travel on a set path in life. If anything, a pre-determined future should provide motivation, and encourage one take advantage of daily opportunities and prospects. After all, we are oblivious as to when exactly, our journey of life shall ultimately cease.

Vrio of Adidas

Company Wildberries – it is a large online store of fashion apparel, shoes and accessories, which has existed for more than 7 years. I chose this site because I had previously used the services of this website. Products in this online store are divided into categories. To view products by brands (brands), go to the tab â€Å"brand†. All products are sorted by price, color, size, popularity rating (rated buyers) and the date of receipt to the store. When viewing products by categories is also sorted by brands, but when viewing a product brand can be sorted by category.To view a product that you like, click the mouse on the image or name of the product. Select your desired color and size and click â€Å"Add to cart†. For convenience, the size and color of goods available for express delivery, handed back to the top. To return to a page with a showcase, click â€Å"return to the store† or â€Å"Close† button, if the card product opened in a separate wi ndow. If you want to move to another section, use the top or left-hand menu. To quickly find specific things you use the search form at the top of the page.To make a purchase, click on â€Å"Shopping Cart† in the upper right corner. There's always shows the number and value of items in your shopping cart. On the page with a basket, you can edit your order – change the number of products to remove unwanted or move the selected item to your list of pending items. Defer goods can only registered users. If you view the basket, not registered, you will be offered to login to register or place your order without registration. Order is shipped, If you are reading the inscription: Thank you for your purchase!Your order is accepted. In the near future you will contact our operator to refine the order and conditions of delivery. Methods of payment:Bank transfer Bank transfer from any bank operating in Russia, you can pay: The handling fee is required for the activation order Pre payment required for the activation order Debt The remainder value of the order, the service of EMS or other express company, has no collection services The cost of the entire order is partially or completely Approximate date of transfer of money between banks is no more than 2-3 working days.When paying by bank transfer will be charged the fee for bank transfer of funds, which is an average of 3% of the order value. Crediting funds occurs within one working day after they are received in our bank account. Receipt suitable for payment at any bank operating in Russia, the manager sends to the specified customer e-mail or by fax, after discussing all the options and confirm the order or after approval of the method of delivery. A receipt will be sent duly filled, indicating the amount of the payment, your data and details of the company. You can also print a receipt from your personal account.WARNING! When filling out receipts by hand, be sure to check the spelling of the name of our company and contact details, otherwise the money will be credited to the bank to â€Å"unclarified Accounts† and in case you do not have time to send in proof of payment, the funds will be credited back. Allowed to write in the payment â€Å"for the order number †¦ â€Å". Payments from businesses will not be accepted and will be credited back. Bank card You can pay by credit card: The handling fee is required for the activation order Prepayment required for the activation order DebtThe remainder value of the order, the service of EMS or other express company, has no collection services The cost of the entire order is partially or completely Also, you can pay by credit card in Moscow paragraphs ex works. Credit cards can only be through the Internet, through e-payment system ASSIST. Login to the payment terminal is in your personal account. Pay only orders made with registration. The minimum payment is 150 rubles. The maximum payment amount is 10 000 rubles. I like thi s site because the orders are delivered on time and the quality of things rather high.

Corporate finance Essay Example | Topics and Well Written Essays - 2000 words - 5

Corporate finance - Essay Example However, the board decided to acquire Forthnet in Greece on the premise that overseas buy-out will result in higher revenues in the long run. Regrettably, the acquisition of Forthnet was proved to be disastrous for Go Plc, and this demonstrates that how holding excessive cash could destabilise an earlier profit-making company. The choice by Go Plc to go for acquisition instead of paying out the excess cash to shareholders by way dividend has been exceptionally disadvantageous as corroborated by constant fall in its share price and the erosion of shareholder value immediately after the acquisition. The optimum level of cash balances that a company can have is the cash balances to meet their expenses, interest and capital expenditures and some level of cash balances to meet any extraordinary scenarios. Anything more than that will be regarded as too much cash reserves held by a company. The quick ratio and the current ratio will help to understand whether a company is having adequate cash reserves to cater their real time cash needs. Naturally, investors get worried about companies that hold â€Å"too much† cash because huge cash balances minimise the shareholder’s value as they offer lesser returns on their capital. The main contention of the David Einhorn, who is the manager of Greenlight Hedge Fund who successfully obtained an injection from the court against Apple Inc to declare dividend from its cash reserves there by compelling to declare the dividend from the Apple’s cash reserves. Hence, there is a likelihood that the value of shares of the Apple may increase by $50 per share or more after such a dividend declaration. Further, Apple shareholders are more worried that Apple may use these excess cash balances for negative mergers or acquisitions. This is supported by the precedents such as Microsoft’s blunder acquisition of aQuantive at $6.3 bn, EBay’s bad