Saturday, August 31, 2019

Normal distribution

Therefore, she wanted to know more about her course mates. Obviously it was difficult to contact all the students from her batch and know about them. So she decides to collect a randomly selected data from about 25-30 students. She was not sure about random collection of data. So she learnt about random number generator and used student roll numbers to select the random sample. With the help of faculty she prepared questionnaire and collected data. From the data she prepared report for submission. It was quite nice and elaborate. However, when she compared it with friends, she found lot of variation. So she decided to take information from her two friends who had also collected the similar data.Of course she has to take some precautions while using the data from the friends. A) b) c) d) e) f) g) h) Collect the data. Draw Simple Bar Diagram to represent specialization wise strength of students. Draw Pie diagram to represent the number of students in each of the blood groups. Prepare t he gender-wise frequency table for the blood groups. Plot graph of height Vs.. Weight of the students. Comment on the graph. Plot graph of family income Vs.. Expenditure of the student. Comment on the graph. Calculate gender-wise mean and standard deviation of marks of 10th and 12th standard. Comment on the basis of the results. Prepare a two way table showing age-wise and gender-wise strength of students.Represent this data with the help of a multiple bar diagram taking age on X axis and gender-wise strength on Y axis. Also comment on the basis of this graph. Prepare a two way table showing father's education and mother's education taking education categories as Below Graduate, Graduate and Post graduate. Comment on the basis of this table. Calculate mean and standard deviation of marks obtained by the students in 10th and 12th standard according to having a Job experience or not. Comment on the values you obtained. You are free to do additional analysis if you feel so. K) Note: Sa mple questionnaire is attached. However, please feel free to add few question based on your purpose.Subject: Statistics & Research Methodology (103) Case No: 04 Microchip Contract A company receives an order for five custom-made microchips at a price of $7,500 each. The company will produce the chips one by one using a complex process which has only a 67% chance of producing a defect-free chip at each trial. After five defect- free chips are produced the process will be stopped. A cost accountant at the company has prepared the following cost report: The cost of production includes a $14,800 fixed cost and a $2,XX unit variable cost. Thus if X number of chips are produced, the total cost of production would be 14,800 + 2. XX dollars. The revenue minus the cost of production will be the profit.After some analysis the finance manager of the company says that the risk may be too high and thinks the order should not be accepted. 1. What distribution will the number of chips produced, X, follow? 2. What is the expected value and standard deviation of X? 3. What is the expected value and standard deviation of the profit? 4 What is the break-even X (allow fractional values for X)? 5. What is the probability that accepting the order will result in a loss? 6. A popular measure of risk in a venture is value at risk, which is the joss suffered at the 5th percentile of the return from the venture. In this problem, find an integer x such that P[X>x] is approximately 5%. 7. For the x value found in part 6, calculate the loss, and thus the value at risk. . Express the value at risk as a percentage of the expected value of the profit. 9. What is your assessment of the risk and reward in the order? Should the company accept the order? The sales manager of the company says that the customer is very likely to agree to increase the order quantity from five to eight chips. But he is not sure whether the matter should be pursued with the customer. 10. If accepting an order of five itself is risky, will it not be even more risky to accept an order for eight? † asks the sales manager. How would 1 1 . Calculate the expected value and standard deviation of the profit for an order quantity of eight. 12.What is the value at risk for an order quantity of eight, computed in a manner similar to parts 6 and 7 above? Express the value at risk as a percentage of the expected profit. 13. Looking at the answer to parts 3,8,1 1, and 12, would you say the risk and reward have become more favorable, compared to an order quantity of five? 14. Should the company pursue the matter of increasing the order quantity to eight with the customer? * Case taken from Complete Business Statistics by Emir Cell &J. Countermanding, DATA Mac Grab Hill. Subject: Statistics & Research Methodology (103) Case No: 05 Acceptable Pins A company supplies pins in bulk to a customer. The company uses an automatic lathe to produce the pins.Due to many causes- vibrations, temperature, wear and tear , and the like-the lengths of the pins made by the machine are normally distributed with a mean of 1. 012 inches and a standard deviation of 0. 018 inch. The customer will buy only those pins with lengths in the interval 1. 00 Ð’Â ± 0. 2 inch. In other words, the customer wants the length to be 1. 00 inch but will accept up to 0. 02 inch deviation on either side. This 0. 02 inch is known as the tolerance. 1 . What percentage of the pins will be acceptable to the consumer? In order to improve percentage accepted, the production manager and the engineers discuss adjusting the population mean and standard deviation of the length of the pins. 2.If the lathe can be adjusted to have the mean of the lengths to any desired value, what should it be adjusted to? Why? 3. Suppose the mean cannot be adjusted, but the standard deviation can be reduced. What maximum value of the standard deviation would make 90% of the parts acceptable to the consumer? (Assume the mean to be 1. 012. ) 4. Repea t question 3, with 95% and 99% of the pins acceptable. 5. In practice, which one do you think is easier to adjust, the mean or the standard deviation? Why? The production manager then considers the costs involved. The cost of resetting the machine to adjust the population mean involves the engineers' time and the cost of production time lost.The cost of reducing the population standard deviation involves, in addition to these costs, the cost of overhauling the machine and engineering the process. 6. Assume it costs $xx to decrease the standard deviation by (x 11000) inch. Find the cost of reducing the standard deviation to the values found in question 3 and 4. 7. Now assume that the mean has been adjusted to the best value found in question 2 at a cost of $80. Calculate the reduction in standard deviation necessary to have 90%, 95%, and 99% of the parts acceptable. Calculate the respective costs, as in questions. 8. Based on your answers to questions 6 and 7, what are your recommend ed mean and standard deviation? Normal distribution Therefore, she wanted to know more about her course mates. Obviously it was difficult to contact all the students from her batch and know about them. So she decides to collect a randomly selected data from about 25-30 students. She was not sure about random collection of data. So she learnt about random number generator and used student roll numbers to select the random sample. With the help of faculty she prepared questionnaire and collected data. From the data she prepared report for submission. It was quite nice and elaborate. However, when she compared it with friends, she found lot of variation. So she decided to take information from her two friends who had also collected the similar data.Of course she has to take some precautions while using the data from the friends. A) b) c) d) e) f) g) h) Collect the data. Draw Simple Bar Diagram to represent specialization wise strength of students. Draw Pie diagram to represent the number of students in each of the blood groups. Prepare t he gender-wise frequency table for the blood groups. Plot graph of height Vs.. Weight of the students. Comment on the graph. Plot graph of family income Vs.. Expenditure of the student. Comment on the graph. Calculate gender-wise mean and standard deviation of marks of 10th and 12th standard. Comment on the basis of the results. Prepare a two way table showing age-wise and gender-wise strength of students.Represent this data with the help of a multiple bar diagram taking age on X axis and gender-wise strength on Y axis. Also comment on the basis of this graph. Prepare a two way table showing father's education and mother's education taking education categories as Below Graduate, Graduate and Post graduate. Comment on the basis of this table. Calculate mean and standard deviation of marks obtained by the students in 10th and 12th standard according to having a Job experience or not. Comment on the values you obtained. You are free to do additional analysis if you feel so. K) Note: Sa mple questionnaire is attached. However, please feel free to add few question based on your purpose.Subject: Statistics & Research Methodology (103) Case No: 04 Microchip Contract A company receives an order for five custom-made microchips at a price of $7,500 each. The company will produce the chips one by one using a complex process which has only a 67% chance of producing a defect-free chip at each trial. After five defect- free chips are produced the process will be stopped. A cost accountant at the company has prepared the following cost report: The cost of production includes a $14,800 fixed cost and a $2,XX unit variable cost. Thus if X number of chips are produced, the total cost of production would be 14,800 + 2. XX dollars. The revenue minus the cost of production will be the profit.After some analysis the finance manager of the company says that the risk may be too high and thinks the order should not be accepted. 1. What distribution will the number of chips produced, X, follow? 2. What is the expected value and standard deviation of X? 3. What is the expected value and standard deviation of the profit? 4 What is the break-even X (allow fractional values for X)? 5. What is the probability that accepting the order will result in a loss? 6. A popular measure of risk in a venture is value at risk, which is the joss suffered at the 5th percentile of the return from the venture. In this problem, find an integer x such that P[X>x] is approximately 5%. 7. For the x value found in part 6, calculate the loss, and thus the value at risk. . Express the value at risk as a percentage of the expected value of the profit. 9. What is your assessment of the risk and reward in the order? Should the company accept the order? The sales manager of the company says that the customer is very likely to agree to increase the order quantity from five to eight chips. But he is not sure whether the matter should be pursued with the customer. 10. If accepting an order of five itself is risky, will it not be even more risky to accept an order for eight? † asks the sales manager. How would 1 1 . Calculate the expected value and standard deviation of the profit for an order quantity of eight. 12.What is the value at risk for an order quantity of eight, computed in a manner similar to parts 6 and 7 above? Express the value at risk as a percentage of the expected profit. 13. Looking at the answer to parts 3,8,1 1, and 12, would you say the risk and reward have become more favorable, compared to an order quantity of five? 14. Should the company pursue the matter of increasing the order quantity to eight with the customer? * Case taken from Complete Business Statistics by Emir Cell &J. Countermanding, DATA Mac Grab Hill. Subject: Statistics & Research Methodology (103) Case No: 05 Acceptable Pins A company supplies pins in bulk to a customer. The company uses an automatic lathe to produce the pins.Due to many causes- vibrations, temperature, wear and tear , and the like-the lengths of the pins made by the machine are normally distributed with a mean of 1. 012 inches and a standard deviation of 0. 018 inch. The customer will buy only those pins with lengths in the interval 1. 00 Ð’Â ± 0. 2 inch. In other words, the customer wants the length to be 1. 00 inch but will accept up to 0. 02 inch deviation on either side. This 0. 02 inch is known as the tolerance. 1 . What percentage of the pins will be acceptable to the consumer? In order to improve percentage accepted, the production manager and the engineers discuss adjusting the population mean and standard deviation of the length of the pins. 2.If the lathe can be adjusted to have the mean of the lengths to any desired value, what should it be adjusted to? Why? 3. Suppose the mean cannot be adjusted, but the standard deviation can be reduced. What maximum value of the standard deviation would make 90% of the parts acceptable to the consumer? (Assume the mean to be 1. 012. ) 4. Repea t question 3, with 95% and 99% of the pins acceptable. 5. In practice, which one do you think is easier to adjust, the mean or the standard deviation? Why? The production manager then considers the costs involved. The cost of resetting the machine to adjust the population mean involves the engineers' time and the cost of production time lost.The cost of reducing the population standard deviation involves, in addition to these costs, the cost of overhauling the machine and engineering the process. 6. Assume it costs $xx to decrease the standard deviation by (x 11000) inch. Find the cost of reducing the standard deviation to the values found in question 3 and 4. 7. Now assume that the mean has been adjusted to the best value found in question 2 at a cost of $80. Calculate the reduction in standard deviation necessary to have 90%, 95%, and 99% of the parts acceptable. Calculate the respective costs, as in questions. 8. Based on your answers to questions 6 and 7, what are your recommend ed mean and standard deviation?

Friday, August 30, 2019

Harlem Renaissance Poets

Although knowledge of his early years is unreliable and vague, it is believed that he had a troubled childhood, full of abandonment. His writings celebrated black beauty and deplored racism and its effects Couch 1033 (Counter Culled, 2014)From a Dark Tree We shall not always plant while others repaper golden increment of bursting fruit,Not always countenance, abject and mute,That lesser men should hold their brothers cheap;Not everlastingly while others sleepwalk we guile their limbs with mellow flute,Not always bend to some more subtle brute;We were not made to eternally weep.The night whose sable breast relieves the stark,White stars is no less lovely being dark,And there are buds that cannot bloom at Allan light, but crumple, piteous, and fall;So in the dark we hide the heart that bleeds,And wait, and tend our agonizing seeds. From a The double consciousness that is being expressed in this poem is shown in the expression of the beauty and sadness in the nature around him. This is especially poignant in the line â€Å"White stars s no less lovely being dark†, essentially saying that black skin is as beautiful as white skin and should be accepted as such.The underlying theme in the poetry of the Harlem Renaissance is an essential yearning to be accepted into mainstream society, not as inferiors, but as equals. The acknowledgement of the beauty of the African American and the acceptance as Patriotic equals is a line that appears to run through these poems. Raised and Repressed I raise my arms and give a shout A penitent man, I am blessed I stand on a soil of freedom Gained by forefathers unrepressed And to my knees I fallSurrendering my dignity To another's beck and call And know deep in my heart That the freedom of which he and I also speak Are often worlds apart. -Holly Gaston Works

Thursday, August 29, 2019

Arbitration in the Philippines

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

Wednesday, August 28, 2019

MEDIA TECHNOLOGIES Essay Example | Topics and Well Written Essays - 2000 words

MEDIA TECHNOLOGIES - Essay Example As per Carlyle (1830), development of printing press was the first step towards the modern era of media. McLuhan has introduced the term â€Å"Media† along with other terms like â€Å"The Global Village† and the â€Å"Age of Information† which gained high popularity. In 1965 his famous book â€Å"Understanding Media: The Extension of Man† was published. Soon he was called the most important thinker after Newton, Darwin, Pavlov and few more. With the further development in technology, media has made constant evolution and has improved itself to fit best into the society. McLuhan has called media as an extension of man. (Griscom, n.d. â€Å"McLuhan’s message†). The chart given above indicates that with passage of time, some vital changes took place in the media industry. These changes are more influenced by the changes that are taking place in the field of technology and also in the society. One of such revolutionary change was brought by the development of the internet. Internet introduced speed in media. The present era of media is known as digital media due to influence of internet in each and every aspect. In the year 1964, Rand Corporation, created a communication network which had several nodes and each node was capable of originating, passing and receiving message. In 1967 Britains National Physical Laboratory succeeded in developing the first test network. This was just the beginning of a new era. With passage of time, more and more such networks came into existence. Many agencies came forward and actively participated in developing their own network. By the end of the 20th century, six basic internet domains developed. These domains got segregated by separate abbreviations for representing their address such as â€Å"gov†, which was for government; â€Å"mil†, which was for military; â€Å"edu†, which was for education; â€Å"com†, which was for commercial; â€Å"org†, which was for organisation and

Tuesday, August 27, 2019

Summary Essay Example | Topics and Well Written Essays - 250 words - 26

Summary - Essay Example Second, he states that in the 1990s, when children in Nepalese f vitamin-A deficiency outbreak, which can be lethal, and health specialists needed people to assist in distributing supplements, the countrys grandmothers, were recruited because it was known that they had both the time to distribute the supplements and the moral authority to ensure children took them. â€Å"In 2005, 48,000 grandmothers were giving-out vitamin A supplements to 3.5 million children nationwide.† Next, Kluger argues that there are several variables that explicate the â€Å"mom-as-health-czar† observable fact. First-and-foremost, it starts with evolution, however it doesnt end there. Females of almost all species spend a lot of energy and time producing young, compared to males and are therefore very much motivated to look after that investment. Finally, Kluger emphasizes that for women, what begins as special treatment to their own healthiness soon extends to the whole family. According to som e health specialists, one reason women may be more accustomed to health-care issues, is plainly that their biology offers them more reason to be. Women experience their years of childbearing and are advised to have habitual health checks. However, Kluger states that father’s involvement in matters of family health-care are supposed to not be minimized; they should also be involved in their families’ health-care; because â€Å"a present-and accounted-for family normally leads-to healthier

Monday, August 26, 2019

Art of Tattooing in North America and Europe Essay

Art of Tattooing in North America and Europe - Essay Example In 1991, a five thousand year old frozen body of a man was discovered on a mountain between Austria and Italy. This body displayed in all 58 tattoos though these were only simple dots and little lines. The oldest known picture tattoos were found when archeologists, just after the Second World War, excavated a long row of graves of frozen and perfectly preserved bodies in the Altai Mountains of Southern Siberia. These were the bodies of the Scythians who were a nomadic group renowned for their creativity. In comparison, the Chieftain's tattoos represented different totem and game animals. The Vikings, who travelled up the Russian rivers and met the Scythians in Scandinavia, were influenced by the Scythians in the way they worked their crafts and tattoos. The body art among the Scythians and the Vikings reflected the designs found in their wood carvings, embroidery, weaving, leather and metal work. The significance of tattoos on a body has undergone several changes over the centuries. The practice of tattooing has meant different things in different cultures. Decoration appears to have been the most common motive for tattooing during the entire period. It was stated by Professor Konrad Spindler of Innsbruck University that the tattoo marks on the body of the Bronze Age man found in 1991 suggested that they were probably applied for therapeutic reasons. In some cultures, tattoos also served as identification of the wearer's rank or status in a group. For example, the early Romans tattooed slaves and criminals. Tahitian tattoos served as rites of passage, telling the history of the wearer's life. Boys reaching manhood received one tattoo to mark the occasion, while men had another style done when they married. Among a tribe named Roro tribes, when a girl was considered to be of marriageable age, the buttocks, the legs and the face were tattooed (Hambly, 31). Instances of body ma rking deemed to be of religious import were those connected with ideas of survival after death, prayer, sacrifice and communion (Hambly, 26). Later on, Sailors travelling to exotic foreign lands began to collect tattoos as souvenirs of their journeys resulting in establishment of tattoo parlors in port cities around the globe. In the 1900s, cosmetic tattooing became popular in the United States using it as blush for cheeks, color for the lips and eyeliners. With the World War, the flash art images changed to those of bravery and wartime icons. (https://www.msu.edu/krcmari1/individual/world.html) It is not only the motive behind tattooing that has changed over the years, but also has the designs and methods of performing this art. In North and South America, many Indian tribes routinely tattooed the body or the face by simple pricking, and some tribes in California introduced color into scratches. In order to be considered courageous and feared by their enemies, they would use sharpened awls or thorns or the bone of a bird or a fish to engrave or decorate their bodies. While the punctures which form the designs were fresh and bleeding, they would rub in charcoal or some other black color which mixed with the blood and penetrated the

Sunday, August 25, 2019

Federal and State Governance Essay Example | Topics and Well Written Essays - 7500 words

Federal and State Governance - Essay Example An analysis of the nature of the crimes in both states provides may provide insights to the differences in policies. The incidence of violent crimes as well as recidivism in California is higher while Texas shows lesser recidivism and significant higher prison population. According to Kaplan and associates (2002), Texas' law shows greater inflexibility in the use of incarceration as a penal measure citing that the nature of crime in the state historical justifies the application of such measures. Given that the United States follows a federal system of government, each state is given the privilege to formulate and implement its own legal codes which include criminal justice programs. This is meant to allow individual states to develop criminal and penal statutes that correspond to individual or unique crime trends that may greatly differ from state to state (see Appendix A). There are times that policies and perspectives used differ between states depending on the perspectives, policies or by the nature of the crime committed (Pillsbury, 1989). This is not to imply that crime is one state is more acceptable in another and only a variance in the manner by which the act is assessed and addressed (Jones and Newburn, 2005). In such a system, federal statu... sure that independent criminal justice programs do not impair constitutional rights, contravene federal legislation or create conditions that will prevent equitable application of the law (Peak, 2006). In effect, though state perspectives and policies on crime and punishment may differ significantly, there are criteria or range of acceptability for the policies that each state is to implement. This also reinforces the order in policies and subsequently order in society as well. It should be noted as well, that though the criminal justice programs in California and Texas may differ significantly, they have a common purpose of preventing crime and victimization, maintaining order and security and supporting federal objectives and policies. Conflicts or inconsistency with federal policies or that of other states are also not designed to undermine another state's authority but rather are individual trends or modes in that state or the federal government's criminal justice program (Hepburn, 1986). Furthermore, the availability of channels to mitigate and resolve conflicts, federal courts including the U.S. Supreme Court, signify that there is states are a part of a system that has established operations and procedures to establishing order and even harmonize policies. Community Policing Community policing initiatives have gained support in an effort to develop greater social participation in securing communities. In general there has been indication that efforts have had a measure of success but Matthews and Pitts (2000) point out that sustaining such this outcome requires the development of long-tern programs. These programs range from the development of operations and procedures, establishment of channels of command and responsibility and public education. In a similar

Marketing Management Essay Example | Topics and Well Written Essays - 1000 words - 2

Marketing Management - Essay Example Therefore, to prevent others from preying on a new product idea, entrepreneurs must seek legal protection for their great ideas. One can seek nondisclosure agreement to protect trade secrets. Similarly, there are other legal protection mechanisms such as patents, registered design, trademark, copyright and licensing among others that can be used to protect unique ideas. The nature of the product will determine the most appropriate protection measure to be taken. This paper explores suitable legal protection mechanisms for Smart Control, branding and evidence of viability. It also gives justifications for the choice of the product’s target audience. Methods of Legal Protection Available for Smart Control Patents The first appropriate legal protection choice available for our product, Smart Control is patenting. A patent refers to a legitimate monopoly issued by the government to an entrepreneur for specific time coverage (Rowland & MacDonald 2005). Patents prevent other people from commercially benefiting from other people’s product ideas, manufacturing methods as well as product functioning. A patent will be more suitable for safeguarding Smart Control because it can usually protects a product from a wider perspective compared to copyright (Galler 1995). It will disclose to the public how Smart Control works while disclosing the extent of protection to our product. Being a novel, important and inventive step, Smart Control qualifies for patenting. However, the company will need to conduct patent search to establish the products legibility for registration and avoid adverse legal issues in future. Licensing The second available option is licensing. Smart Control being an intellectual property, can be commercially exploited by television manufacturing companies as well as other devices it is designed to operate. Smart Control’s patent may be sold or mortgaged. Consequently, licensing will enable the company to allow licensees to exploit our i nvention for a fee (Lindberg 2009). Licenses can be a crucial revenue source for us. Trademark Trademark will identify and distinguish Smart Control from other similar products. Unlike copyrights, trademark law may prohibit developing similar product, which may confuse the public. As such, trademark protection will be more suitable for our product compared to copyright (Lindberg 2009). Trademark law will protect our unique mark effectively. Trade Secret Nondisclosure agreements and trade secret protection protects a new idea from being stolen by competitors (Anderman 2007). Smart Control being an iphone compatible app can easily be stolen by iphone producing companies to better their products. Trade secret protection will help to protect Smart Control from being illegally exploited by iphone companies that would wish to partner with us to deliver superior products to the consumer. Management of Brands Contemporary advertising majorly focus on brand management. Brand management refer s to the techniques aimed at establishing, promoting, and protecting the integrity of a given brand (Kapferer 2008). Commercial advertisement messages usually appeal to customers to buy a particular brand and not any other by claiming superiority. Branding eliminates any notion about the possibility of a product being generic. According to Wood (2000), brands are fundamental product differentiation strategy and must as such be managed strategically. Strategic brand management (branding) commence only after a

Saturday, August 24, 2019

The Meaning of Family Research Paper Example | Topics and Well Written Essays - 250 words

The Meaning of Family - Research Paper Example One can choose company, not family. Although in the most liberalist view, people cohabiting say that they form a family, yet it is nothing more than a group of people living together. Thus, company is often confused with family, though the two are quite different fundamentally. This can be attributed to the fact that people in company often take one another’s care, care being one of the essentials of the family. â€Å"Family, is essentially, made of those people who look after, who play a crucial role in our upbringing and who teach us those lessons in life, which can never be learned through any school or text book† (Gaikwad). Different people interpret the meaning of family differently, thus limiting it or not to blood relations (â€Å"Meaning of family†). People in one family share common values, norms and culture. Younger ones gain inspiration from the elderly, be they parents or older siblings. Members of a family share good and bad times with one another. F amily is the source of moral and emotional support for individuals in times of distress. Works Cited: Gaikwad, Mukta. â€Å"Meaning of Family.† 2011. Web. 19 July 2011. . Kimani, Anthony K. â€Å"Influence of Family Structure on Juvenile Deliquency.† University of Nairobi. 2010. Web. 19 July 2011.

Friday, August 23, 2019

6 Steps to Decision-Making Process Assignment Example | Topics and Well Written Essays - 1000 words

6 Steps to Decision-Making Process - Assignment Example This paper illustrates that last year at school the author was given a chance to choose a team. He made the poor decision of not considering two cheerleaders to be a part of his team because of bias. The teams composed of these cheerleaders received the only two A the professor gave. The stages of team development are forming, storming, norming, performing, and adjourning. During the forming stage, people get to know each other. In the storming stage, the group deals with tensions and defines group tasks. The norming stage has the teammates working together and building relationships. In the performing stage, there is maturation in relationships and task performance. Adjourning involves disbanding and celebrating accomplishments. Managing and leading are two distinct concepts when it comes to teamwork. When a person is managing in a team the person gives orders to others on what to do. Leading involves guiding the team on the right path. Some of the characteristics of an effective te am are good communication, existence of teamwork, delivering tasks on time, and performance. To have a better chance to receive an A on a research paper the team must perform good research and dissect information properly. Not having intelligent information affects the process adversely and can lead to making bad decisions. Using information from credited sources such as Plunkett Research, Dun & Bradstreet, and peer-reviewed journals can help the decision-making process.

Thursday, August 22, 2019

University Degrees Not Necessary Essay Example for Free

University Degrees Not Necessary Essay University degrees are very essential in life. However, depending on what job path an individual wants they decide whether a University degree is beneficial or not for them. While in college, a person can determine his strengths and weaknesses in whatever career choice they want and what path they decide to take in life and how a certain individual is going to pursue his dreams. College gives a person a chance to express their intelligence and creative abilities. Most jobs and careers require a college degree of some kind. However, this does not mean that without a college or university degree, success is unachievable. Each individual is different and has certain different areas of interest, depending on what job path someone wants and what route they want to take, they decide whether college or a university is beneficial or not to maintain a certain job of their choice. Education is knowledge that can never be taken away from an individual and one may always have an education to fall back on. The value of college education can be taken in all different kind of aspects it is sometimes based on the society that students are raised in. students look up thru a certain individual and admire them wishing to become one day the same or even beyond them. Others look at what they have been trough and want to do much better, to maintain a more decent lifestyle to buy a big house, luxurious vehicles, provide their families with all the amenities needed, and have everything they ever dream about. Everyone wants a better life, but not everyone has the motivation to succeed. College is nothing like high school; no longer are they moms and teachers telling students what to do, college students must rely on themselves and have the self- discipline to get done what is needed to pass their classes and graduate. In this sense, college is not for everyone. However, this does not mean that one cannot pursue his dreams and become a better person without a college or university degree one may still maintain a job of their choice and be happy. People say without an education, a person cannot succeed, but others do not agree with this. â€Å"David Frost, a British Media Personality, writer, comedian and journalist once opined ‘Dont aim for success if you want it. Just do what you love and believe in, and it will come naturally. † (Godbole, 2011). There are literally hundreds of people who have made millions without a college degree. For example, a list of successful people, â€Å"Bill gates, founder of Microsoft one of the richest man on earth right now. He was a Harvard drop out student, Ralph Lauren, one of the top most fashion designers in the world, he was a business school dropout, Michael Jackson, Pop singer that never went to college, Henry Ford, Assembly line manufacturing that never completed high school, and Mary Kay Ash, founder of â€Å"Mary Kay Cosmetics Inc. † College was never her priority. † (Godbole, 2011). One of the main reasons why people go to college is not because they want to go, but because they have to go. Most high school seniors are pressured by counselors and parents to go to college, because it is the right thing to do. Some students may have a different ideas about what they want in life, but because these mentors know what is best for them, they probably end up doing something they do not want to do, resulting in being miserable for the rest of their lives. There are people who have never set foot in a college or university and are doing better than people who have a master’s degree. Let’s face it going to college is socially impressive and some students go to college only for the title of being called a college student. For some young students it is an easy way to get away from home and become independent without losing the financial support of their parents. Some students do not want to be looked down upon society, so they do what would look best in the eyes of today’s society. It is practically into their heads that in order to be a successful person, they should have some sort of college education. Being a college student is perhaps more respectable role than being a janitor or garbage man. Going to college and getting a degree does not necessarily guarantee that an individual is going to get a job right after graduation. It is hard for a recent graduate to find a job. According to the Huff Post, â€Å"recent grads often have a more difficult time finding employment in their field. Half of recent grads are working jobs that dont require a degree† (Huffington, 2014). Therefore College education is not for everyone only for those who have the potential and desire to succeed in college. It is a decision that one makes depending on what career path they want to take. According to Policy. Mic states, â€Å"Majority of adults with all different education levels believe ‘a college degree is beneficial, but not essential for having a successful career. † The survey also found, â€Å"51% of the nation says that only certain subjects justify the expense of a college education,† In this regard not everyone will succeed in college, because not everyone has the same areas of interest. Another possible solution some people are born with talents they just need to discover it a perfect example of this would be Steve Jobs, co- founder of Apple Inc. according to answers, â€Å"Steve Jobs dropped out of college after six months. After a period of travelling, he became friends with Steve Wozniak. The two men worked in the garage of Steves parents, and together founded Apple Computers† Steve jobs certainly had talents proving that without a College or university degree he has still successful making him one of the riches man on the United states. In conclusion, success is achieved when one sets their mind to big things and lives a happy life by enjoying their work area. A piece of paper does not define a person, to be educated is to knowledge in many areas. Diversity is essential in the sense that many different things inspire to become better persons and achieve their own personal goals. Anyone who has the audacity to call themselves educated needs to have a grasp of different areas. â€Å"College does not prepare you for real life, life does† (Breault, 2013). Not saying people shouldn’t go to college. College can be very beneficial and useful for some people, but not for everyone. References Breault (2013). â€Å"5 Reasons College is not for everyone†. Policy MIC. P2 Godbole. (2009). â€Å"Successful People without college degrees†. Buzzle. P1 Huffington. (2014). â€Å"Unemployment for recent college graduates by majors†. Huff post. P6 Svemir. (2012) â€Å"Steve Jobs†. Answers. com P2.

Wednesday, August 21, 2019

Structures of Bacterial Tyrosinases

Structures of Bacterial Tyrosinases Tyrosinases oxidise phenolic hydroxyl groups of small molecules or large polymeric substrates such as proteins. Tyrosinases catalyse first the ortho-hydroxylation of the phenolic substrate and second its subsequent oxidation to quinone (Figure 1) with the concomitant reduction of oxygen to water. The reaction is chromogenic as the quinones produced can undergo further non-enzymatic polymerisation to form black eu-melanins and, when reacting with thiol groups, brownish pheo-melanins [14]. This process can be inhibited by antioxidants such as ascorbic acid, for example to prevent the browning reaction in food preparations [15]. Tyrosinase activity is generally measured by either determining the consumption of oxygen during the reaction or spectrophotometrically by following the increase of absorbance at 475 nm due to dopachrome formation. The cross-linking activity of tyrosinase on proteins is usually analysed by SDS PAGE, size-exclusion chromatography, UV spectroscopy or mass spectrom etry [16]. The active site of tyrosinases interacts with both the phenolic substrates and the co-substrate oxygen and it alternates among three different oxidation states. When in the oxy state, tyrosinase binds oxygen and is able to catalyse the hydroxylation of monophenols to diphenols, thus changing into the met form. The met form of tyrosinase is responsible for the oxidation of diphenols to quinones and the reaction turns the enzyme into the deoxy form that, upon binding molecular oxygen, returns to the oxy form. The met form is the resting state of the enzyme and it has been calculated that up to 85% of the enzyme is in this state when in solution [17, 18]. The inability of most of the enzymes in an enzyme population to act on monophenols explains why a significant lag phase is detected in the activity when monophenols are the substrate of the reaction. Bacterial tyrosinases have been divided in five types according to the organisation of domains and the possible requirement of a caddie protein for enzyme activity [12]. The necessity of a secondary helper protein (caddie protein) for secretion, correct folding, assembly of the copper atoms and activity of the enzyme is common to tyrosinases of type I, e.g. the enzyme from S. castaneoglobisporus and S. antibioticus [19, 20]. Type II tyrosinases are small, monomeric enzymes containing only the catalytic domain, which do not require additional helper proteins and are possibly secreted. An example is the tyrosinase from B. megaterium [6]. Type III tyrosinases are represented by the enzyme from Verrucomicrobium spinosum. Like the fungal tyrosinases it carries a C-terminal domain whose removal led to about 100-fold higher activity [21]. This supports the theory that the role of the C-terminal extension in plant and fungal tyrosinases is to keep the enzyme in an inactive form inside the ce ll [22-24]. Among the smallest bacterial tyrosinases reported (Type IV) are the ones produced by Streptomyces nigrifaciens (18 kDa) and Bacillus thuringiensis (14 kDa) [25, 26]. However, it is debated whether these proteins are true tyrosinases [12]. Type V tyrosinases include enzymes that do not carry the sequence features of tyrosinases but show features typical of laccase and have only marginal activity on tyrosine. For example, a membrane-bound tyrosinase active on the typical laccase substrate ABTS (NCBI ID: AAF75831.2) has been isolated from Marinomonas mediterranea. A tyrosinase with a classical substrate specificity that is activated by SDS (NCBI ID: AAV49996.1) has also been reported from the same organism [27]. Similar to catechol oxidases and the oxygen carrying haemocyanins, tyrosinases are type-3 copper proteins, containing two copper atoms in the active site. The absorbance spectrum of oxy-tyrosinases has a characteristic maximum in the UV region (330-345 nm). As reported for the structurally similar catechol oxidases, a fluorescence intensity maximum at 330 nm upon excitation at 280 nm is also detected [28, 29]. Copper is essential for the catalytic activity of tyrosinases. The crystal structure of these enzymes has demonstrated the presence of two copper ions in the catalytic core (Table 1). In all tyrosinases of different origins and in the haemocyanins each of the copper ions is coordinated by three histidine residues that are found in a characteristic pattern in the primary structure (Figure 2). In the tyrosinase from Streptomyces glaucescens, for example, the key role of histidines at position 37, 53, 62, 189, 193 and 215 in the coordination of copper, and thus in catalytic activi ty, was confirmed by the decrease of activity upon their substitution with other amino acids [30, 31]. Various additional residues have been identified to have a function in fungal and bacterial tyrosinases, either being essential for or modulating tyrosinase activity. Sequence analysis and various mutagenesis studies have been performed in order to identify the residues necessary for the activity of the enzyme. In tyrosinase sequences from plants and fungi, the N-terminal signal peptide, when present, is followed by a conserved arginine residue that marks the beginning of the central catalytic domain and that forms a pi-cation interaction with a conserved C-terminal Y/FXY tyrosine motif, where X is any amino acid [32]. These residues are conserved also in bacterial tyrosinases (Supplementary file 1). Substitution of the N-terminal conserved arginine (R40) has been reported to abolish the production of tyrosinase from V. spinosum [21]. Two single-amino acid substitutions have been reported to improve the catalytic activity of the tyrosinase from Rhizobium etli CFN42. The independent r eplacement of proline at position 334 and of aspartic acid at position 535 (Supplementary file 1) with a smaller residue such as serine (P334S) or glycine (D535G), respectively, led to a significant enhancement of the catalytic activity and melanin formation [33-35]. In the tyrosinase from B. megaterium, a single substitution of arginine by histidine within the copper B binding region (R209H) has been sufficient for a 1.7-fold improvement of the activity towards tyrosine (monophenolase) and for a 1.5-fold reduction of activity on L-DOPA (diphenolase), whereby the overall protein stability was not affected [36]. The crystal structure of the tyrosinase from B. megaterium showed that this arginine is positioned at the entrance of the active site in a flexible position and plays a role in the docking of the substrate [6]. However, the conservative substitution of the corresponding residue asparagine 190 to glutamine (N190Q) in S. glaucescens tyrosinase abolished the catalytic activity, indicating that this residue was possibly involved in hydrogen bonding at the active site [30]. Moreover, the conservative substitution of the residue aspartic acid 209 (D209E) has been reported to stabilise the oxy-form of the same enzyme [37]. To our knowledge, no study has investigated the role of the oxygen binding motif PYWDW [38] with regards to the affinity for oxygen in tyrosinase. The affinity for the co-substrate oxygen has been evaluated for the tyrosinase from Streptomyces antibioticus that carries the PYWDW motif. It was found that this enzyme had a three-fold lower dissociation constant (kD) for oxygen than the A. bisporus tyrosinase [39, 40] that carries a PFWDW motif, i.e. 16.5 ÃŽ ¼M compared to 46.6 ÃŽ ¼M. The analysis of the characterised bacterial tyrosinases evidenced the presence of functionally active variants of this motif (Supplementary file 1 and 2), e.g. PYWNY in the tyrosinase from M. mediterranea, PFWDW in tyrosinase from R. etli, PYWEW in the tyrosinase from B. megaterium, PYWRF and PYWNW in the tyrosinases from Ralstonia solanacearum. Mutational studies have also addressed the interaction of tyrosinases from streptomycetes and their caddie protein. In S. antibioticus, the two histidine residues at positions 102 and 117 of the caddie protein MelC1 have been found to be crucial for the biosynthesis of active tyrosinase [41]. The available crystal structures of bacterial tyrosinases and their mutant forms have been obtained from Gram-positive S. castaneoglobisporus and B. megaterium (Table 1). While the B. megaterium tyrosinase formed crystals containing only the enzyme, the S. castaneoglobisporus tyrosinase required the presence of a second protein, referred to as caddie protein, to stabilise its structure [4]. Moreover, the structure of the Streptomyces tyrosinase has been solved in different states of oxidation. Aiming at understanding the interaction between tyrosinase and caddie protein, tyrosinase has been crystallised in the presence of mutant forms of the caddie protein (Table 1). Likewise, the fungal tyrosinase from A. bisporus was crystallised as a tetramer in a complex with a second protein, a lectin-like protein [7]. Both intracellular and secreted bacterial tyrosinases have been isolated and characterised. For example, the tyrosinases from Streptomyces nigrifaciens, Bacillus thuringiensis, M. mediterranea, R. solanacearum and Thermomicrobium roseum were isolated from cell biomass and the ones from S. antibioticus, S. glaucescens, S. castaneoglobisporus, Streptomyces albus, B. megaterium, Sinorhizobium meliloti, Aeromonas media, R. etli and V. spinosum were either isolated from the culture medium or predicted to be secreted [19, 21, 25, 26,42-51]. The twin-arginine signal peptide is often found in cofactor-binding oxidoreductases that undergo complete folding in the cytoplasm prior to secretion to the periplasmic or extracellular space. Twin-arginine type signal peptides [52] could be identified in the N-terminal region of tyrosinases from R. solanacearum (34-amino acid long) and V. spinosum (33-amino acid long). A more detailed analysis of the sequence retrieved for the tyrosinase from R. etli a nd the alignment with the other sequences of tyrosinases (Supplementary File 1) suggests the possibility of incorrect open reading frame prediction. The true N-terminal methionine may be M112 (underlined in Supplementary file 1) as it aligns with the initial residue of the tyrosinase from R. solanacearum (number 15 in Supplementary file 1) and is followed by a predicted twin-arginine signal peptide of 31 amino acids [51]. Thus, we suggest that these proteins purified from the cell biomass but carrying a signal peptide for secretion are localised in the periplasm. Tyrosinases, also from bacteria, and their caddie proteins generally lack conserved cysteine residues (for comments see [11, 12]). The paucity of cysteine residues, and thus disulphide bonds, allowed, however, the isolation of tyrosinases with significant thermal stability, e.g. the enzyme from B. megaterium had an optimum temperature of 50Â °C [48]. A single cysteine residue is conserved in proximity of the second histidine residue of the copper A binding motif in the characterised tyrosinases from M. mediterranea, R. solanacearum, S. meliloti, R. etli and V. spinosum (Supplementary file 1). A cysteine residue at this position has been found to be covalently bound to a histidine residue two positions forward in, for example, the fungal tyrosinase from Neurospora crassa [53], the plant catechol oxidase from I. batata [8] and haemocyanins from the snail Helix pomatia [54]. The function of this unusual cysteine-histidine bond is not established, but it could confer structural rigidity to the copper-binding region and affect the redox potential [8]. Replacement of this cysteine residue (C84) with serine abolished the production of the tyrosinase from V. spinosum [21]. Type-3 copper proteins carrying six conserved cysteines (forming three in silico predicted disulphide bonds) and characterised by significant thermal stability have been reported in fungi [26]. No mutagenesis study has addressed a possible improvement of the thermal stability of bacterial tyrosinases by introducing disulphide bonds. However, in silico analysis revealed the possible presence of one disulphide bond in the tyrosinases from R. solanacearum and S. meliloti and two in the enzymes from M. mediterranea and R. etli (Dianna software, http://clavius.bc.edu/~clotelab/DiANNA). The tyrosinase from S. castaneoglobisporus and the one from B. megaterium share approximately 30% sequence similarity with a catechol oxidase from Aspergillus oryzae that showed a melting temperature above 70Â °C and a ha lf-life of 20 hours when incubated at 50Â °C [29]. It should be noted that the tyrosinase from A. media exhibits different sequence features when compared to the other enzymes. The sequence alignment with bacterial tyrosinases shows that none of the typical signature motifs (copper A and B regions, oxygen binding motif and tyrosine motif) are present (see Supplementary file 1). Moreover, this enzyme has a predicted 23-amino acid long signal peptide [50] and shows strong sequence similarity to bacterial periplasmic proteins that are responsible for the uptake of peptides and involved in nutrition and sensing of the environment [55].

Tuesday, August 20, 2019

The Role Of Leadership And Change Management Essay

The Role Of Leadership And Change Management Essay Key to evolution of an Organization is how well it can adapt to changes be it structural or financial. A good leadership plays a pivotal role in such transitions and will often be the most influential aspect in such changes being implemented successfully. Considering the fact that both Organizational Change and Leadership are very widely defined, for the purpose of the essay I would like to use the following definitions, Leader is a person with vision, energy, authority, and strategic direction ref: (Robert Coffee and Gareth Jones, 2000), Organizational Change is the process of continually renewing an organizations direction, structure, and capabilities to serve the ever-changing needs of external and internal customers- ref: (Moran and Brightman, 2001). Change is one of challenges an organization can face. It, being a continuous process, dealing successful with it is critical to an organizations success- ref: (Kudray and Kleiner, 1997), and certain management levers, such as, strategy, operations, should be constantly altered for the organization to be aligned with the market place. Having said that, it is also very important to critically identify the needed change within the organization. If a certain change is identified as a pivotal one for the growth of the organization, it is also important to consider how the change will be received by the people who will be a part of it. Resistance in our context is opposing to the change. Resistance is very likely with-in the team when the importance of the change is not know. There are various known reasons for someone to resist the change. Some of which are job insecurity and the fear of losing the power. There are existing theories which say that resistance is good and it is related to the individual identity and organizational values. Despite of being a time consuming process, it is very important to overcome resistance to implement the change successfully. Lewins 3 step model for change, Unfreeze, Change and Refreeze: ref ( Lewin, 1951) is considered to be there mother of all change models. The point here was to have organizations prepare initially to ease the process of the change in order to overcome resistance. It has been argued upon, that this theory might not be holding good for the current day situation, as organizations are constantly changing and they will never be having the opportunity to refreeze or attain the new state of equilibrium. Kotters 8 Step Model, ref: ( Kotter, J , 1995) also talks about implementing a change within the organization but considering the present day needs and situation. This model tries to address the developed resistance in the implementation on the change. An effective leadership will always try and overcome resistance and help successfully implement the change, which need not be a top down approach. For a change to be accepted, Nahvandi (2003), believes that you need to first motivate those in y our guiding collation or transformational leadership team. This, per him, is the best achieved through inspiration of the team, which enables them to enact change. Transformational leadership includes inspiring them with a charm and charisma, challenging the team to solve the problems rather than we doing it ourselves and developing personal relationship with each one of them. A combination of these 3 attributes is the best known vehicle to overcome resistance. ref( Nahvandi, 2003). Transformational leadership is that which à ¢Ã¢â€š ¬Ã‚ ¦ facilitates a redefinition of a peoples mission and vision, a renewal of their commitment and the restructuring of their systems for goal accomplishment. It is a relationship of mutual stimulation and elevation that converts followers into leaders and may convert leaders into moral agents. Hence, transformational leadership must be grounded in moral foundations. ref(Leithwood, as cited in Cashin et al., 2000, p.1) . According to Bass (1990b, p. 21) transformational leadership occurs when leaders broaden and elevate the interests of their employees, when they generate awareness and acceptance of the purposes and mission of the group, and when they stir employees to look beyond their own self-interest for the good of the group. Success of transformational leadership has been demonstrated by studies in diverse settings such as schools, corporations etc. -ref(Bryant, 2003, p. 36).Also there are existing studies to prove the effectiveness of transformational leadership regardless of culture ref:(Perttula Xin,2005) . Per Carlson and Perrewe (1995, p. 834), as a result of transformational leadership, changes in the organizations mission, strategy, and subordinate commitment levels are very likely to emerge. Also, Odom and Green (2003) argue that principles of transformational leadership (i.e., intellectual stimulation, idealized influence) applied to ethical dilemmas faced by managers offers the prospect of less litigation and better ethical outcomes than the more common transactional approach to ethics. Though Transformational Leadership is the latest buzz word, there have been many people in the past who have demonstrated the traits of this form of leadership. For instance, Genghis Khan was a transformational leader who, during the late 12th and early 13th centuries, united fiercely independent Mongol tribes to ultimately create one of the largest land empires ever seen ref(Yates, 2002). Lee Iacocca is a transformational leader who is credited with saving the Chrysler Corporation. He took over Chrysler when it was on the brink of bankruptcy and set about transforming the ideals of his closest subordinates. In turn, that began to reshape the corporations culture. Because a transformational leader encourages others to becomes transformational leaders, soon the entire organization was filled with effective leaders (Kelly, 2003). Within military and government contexts, General Colin Powell overcame entrenched racism (particularly in the US military) and low institutional expectations of African Americans to become chairman of the US Joint Chiefs of Staff in 1989. He went further, becoming in 1991 the first African American to become US Secretary of State, a position some said he filled with vision and the qualities of a transformational leader (Chekwa, 2001). Other transformational leaders include Christine Nixon, the current Police Chief Commissioner in the Australian state of Victoria, who is popularly understood to have transformed the culture of that police force for the good, and Sir Richard Branson, responsible for international Virgin enterprises (Lussier Achua, 2004). These are positive examples of transformational leaders but as critics (e.g., Yukl, 1989) point out, transformational leadership is not without its dark side and other flaws. The morality of transformational leadership has been questioned, especially by libertarians and organizational development consultants (Griffin, 2003). A key criticism is that within it transformational leadership has potential for the abuse of power (Hall, Johnson, Wysocki Kepner, 2002). Leaders here, motivate followers by engaging them to strong beliefs, irrespective of the effects on them .Transformational leaders can exert a very powerful influence over followers, who offer them trust and respect. Some leaders may have narcissistic tendencies, thriving on power and manipulation. Moreover, some followers may have dependent characters and form strong and unfortunate bonds with their leaders: ref- (Stone, Russell and Patterson, 2003, p. 4). Yukl describes this as the dark side of charisma and goes on to note that for every example of a positive transformational leader demonstrating charismatic qualities (e.g., Mohandas [Mahatma] Gandhi), there is an equally negative example (e.g., Charles Manson).-ref: (Yukl, 1989) There is an argument that transformational leadership is facilitative of change because it contributes to organizational improvement, effectiveness and institutional culture (Barnett, McCormick Conners, 2001). An interesting study by Barnett, McCormick and Conners (2001), shows that teachers may in fact be distracted from concentrating on learning-and-teaching by, for example, taking time away from students to be involved in the corporate school initiatives an inspirational, transformational principal expects of them. Ref: (Barnett, McCormick and Conners (2001), a study conducted on 12 schools in New South Wales and Australia) Related Bibliography Robert Coffee and Gareth Jones, HARVARD BUSINESS REVIEW, September-October 2000 Moran, J. W. and Brightman, B. K. (2001) Leading organizational change, Career Development International, 6(2), pp. 111-118. Gary Yukl Journal of Management 1989. Vol. 15, No. 2, 251-289 Bennis, W, (1994), On Becoming a Leader. Addison-Wesley, Reading, MA, ISBN:0-201-40929-1. Lucey, J.J, Why is the failure rate for organization change so high?, Management Services Winter 2008 Evans, M.G. (1970). The effects of supervisory behavior on the path-goal relationship. Organizational, Behavior and Human Performance. 5, 277-298 House, R.J. (1971). A path-goal theory of leader effectiveness. Administrative Science Quarterly, 16, 321-339. House, R.J., Mitchell, T.R. (1974). Path-goal theory of leadership. Contemporary Business, 3, 81-98. Dansereau, E, Jr., Graen, G., Haga, W.J. (1975). A vertical dyad linkage approach to leadership within formal organizations: A longitudinal investigation of the role making process. Organizational Behavior and Human Performance. 13. 46-78. Kudray, L and Kleiner, B, Global trends in managing change, Industrial Management; May/Jun 1997; 39, 3; ABI/INFORM Global pg. 18 Lewin, K, Field Theory in Social Science, Harper and Row, 1951. Nahavandi, A. (2006). The art and science of leadership. Upper Saddle River, NJ: Prentice Hall. Hay, Iain, Transformational Leadership: Characteristics and Criticisms# Leithwood, K. Jantzi, D. (2000). The effects of transformational leadership on organizational conditions and student engagement with school. Journal of Educational Administration, 38(2), p. 112. Bass, B.M. (1990b). From transactional to transformational leadership: learning to share the vision. Organizational Dynamics, 13, pp. 26-40. Bryant, S.E. (2003). The role of transformational and transactional leadership in creating, sharing and exploiting organizational knowledge. Journal of Leadership and Organizational Studies, 9(4), pp. 32-44. Spreitzer, G.M., Perttula, K.H. Xin, K. (2005). Traditionality matters: an examination of the effectiveness of transformational leadership in the United States and Taiwan. Journal of Organizational Behavior, 26, 205-227. Carlson, D.S. Perrewe, P.L. (1995). Institutionalization of organizational ethics through transformational leadership. Journal of Business Ethics, 14(10), pp. 829-839. Odom, L. Green, M.T. (2003). Law and the ethics of transformational leadership. Leadership and Organization Development Journal, 24(1/2), pp. 62-69. Yates, M. (2002) Genghis Khan. LeaderValues. Retrieved August 3, 2006 from Kelly, M.L. (2003, January 1). Academic advisers as transformational leaders. The Mentor. Retrieved August 3, 2006, Chekwa, E. (2001, July 12-14). Searching for African American transformational leaders. Academy of Business and Administrative Sciences 4th International Conference, Quebec City, Canada. Manuscript available from the author. Lussier, R.N. Achua, C.F. (2004). Leadership: theory, application, skill development (2nd ed.). Eagan, MN: Thomson-West. Yukl, G.A. (1989). Leadership in Organizations (2nd ed.). Englewood Cliffs, NJ: Prentice Hall. Stone, A.G., Russell, R.F., Patterson, K. (2003). Transformational versus servant leadership a difference in leader focus. Servant Leadership Roundtable October 2003. Retrieved August 3, 2006 Hall, J., Johnson, S., Wysocki, A. Kepner, K. (2002). Transformational leadership: the transformation of managers and associates. Retrieved August 3, 2006

Monday, August 19, 2019

ACG 2021, Introduction to Financial Accounting, Summer 2001, Exam 3 Final :: UFL Florida Business Accounting

2021FNLSM01A 7/18/01 Page 1 ACG 2021 FINAL EXAM SUMMER 2001 NAME _____________________________________ SS# ____________________________ Instructions: NOW: Bubble in your section number on your Scan Sheet. Fill in your name and social security number on this examination and your scan sheet. 1. Listen carefully for any comments your proctor may have related to the exam. Read these instructions carefully. Failure to do so may result in your losing points. 2. This exam consists of 60 multiple-choice questions, each worth two points for a total of 120 points. Select the BEST answer and mark the appropriate space on the scan sheet with a #2 pencil only. You MUST keep your scan sheet face down on the desk when you are not filling it in. 3. You may use ONLY a non-programmable calculator during the exam. Use of any other calculator will be considered a violation of the honor code. Your exam will be taken from you and you will receive a grade of 0. 4. At the end of 2Â ½ hours, you will be told to stop. Put your pencils down IMMEDIATELY. Failure to do so will result in your receiving a zero for the exam. 5. The exam consists of 20 pages, including this cover, present value tables and a blank page at the end. Make sure you have all pages and all questions. 6. Have your University of Florida Identification card ready to be checked when you turn in your exam. 7. Assume the accounting entities use a calendar year unless otherwise noted. 8. Assume a 360-day year. 9. When you are finished, turn in your scan sheet, as well as your exam. Answers will be posted on the web after the exams are handed back in class. 10. The University of Florida policy on academic honesty will be strictly enforced. When you are told to open your exam, turn to the first page and find your exam code. Immediately bubble this in on your scantron. 2021FNLSM01A 7/18/01 Page 2 EXAM CODE = A Use the following to answer questions 1-3: Bennett Industries purchased a large piece of equipment from Crumpet Company on January 1, 2001. Bennett signed a note, agreeing to pay Crumpet $400,000 for the equipment on December 31, 2003. The market rate of interest for similar notes was 8%. The present value of $400,000 discounted at 8% for three years is $317,520. On January 1, 2001, Bennett recorded the purchase with a debit to equipment for $317,520 and a credit to notes payable for $317,520. 1. On Bennett's 2001 year-end balance sheet, the book value of the liability for notes payable related to this purchase would equal A) $317,520. B) an amount less than $317,520.