Thursday, December 26, 2019

Rights of Shareholders as Members of a Company - Free Essay Example

Sample details Pages: 14 Words: 4247 Downloads: 1 Date added: 2017/06/26 Category Business Essay Did you like this example? Shareholders play an important part in the corporation. They are very vital for the company. They have the power to take company decisions and influence the working of the company. Don’t waste time! Our writers will create an original "Rights of Shareholders as Members of a Company" essay for you Create order The shareholders are able to exercise such influence and control over company only when they are free to exercise their rights in a legitimate manner. The shareholders have numerous rights which have been laid down in the Companies Act, 1956. Under the Act, the shareholding of a company is determined by rights, entitlement, ownership etc. The best way of controlling the company, among other rights, is through voting right[1]. Voting is one of the powerful instruments in the hands of the shareholders. They can also raise a motion and call a meeting. Shareholders are also eligible to appoint directors and auditors so that the future course of the company can be decided. The information and disclosure should be all time maintained between management and shareholders as only the well informed shareholder could actively participate in the decisions of the company and could also effectively contribute in shaping the functioning of the company. Thus, through these rights, they are able to e xert control on the decisions of the company. Companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s management on the other hand plays its part in involvement of shareholders in companiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ matters so to provide a check and balance system. This is done to ensure transparency in the companies matters. A company functions through board and shareholders take part in voting to shape up the decisions of the company through various modes provided by Law. To see the company functioning smoothly and effectively, every shareholder should make vigorous efforts in the decision-making process. The legislature on the other hand should make laws keeping the changing scenario of capital market in mind so that the laws could be implemented not just in theory but in practice too. However, the company often loses the sight of minority shareholders when it comes to providing rights to them. They are also shareholders in the company and in fact it is the minority shareholder that keeps a check on the power of majority shareholders and the board. Minority shareholders help in the governance of a company[2]. However, the concerns of the minority shareholders could be met if the company ensures the basic rights to them. Thus this chapter enumerates the rights which belong to the shareholders by virtue of being the members of the company. These rights have been categorized under 5 heads by the researcher for the sake of brevity. EQUITABLE TREATMENT The shareholders have the right to be treated equally with the other shareholders. They all should get equal treatment by the company[3]. The equality of the shareholders can be traced from two angles. One is equal treatment vis-ÃÆ'  -vis company and other is vis-ÃÆ'  -vis other shareholders. Equal treatment of shareholders can be best explained in relation to corporate distributions and re-organization shareholders may have many things in common but what is necessary to note here is whether same shareholders in the same situation are treated differently. In normal scenario the distribution occurs according to the shares held by shareholders. But the constitution of the company or articles of association may provide for different criteria to distinguish among shareholders. With respect to the treatment vis-a-vis the company is a limit on the power of the company to maintain the equilibrium among shareholders and not to adopt any scheme which goes against the interests of some of the shareholders placed in the same situation. With respect to treatment vis-a-vis other shareholders, all are to be treated in the same manner. OECD has laid down six principles of Corporate Governance and Equal treatment of shareholders forms one of those six principles. This places emphasis on the point that protection of minority shareholders is of utmost importance and it should be done in all fairness, whether shareholders are small or large, they would get equal treatment by law[4]. Equal treatment is with respect to the shareholders of the same class. So each share of same class will be entitled to get same rights, liabilities, responsibilities etc. this shows that differences among different classes should also be taken into consideration[5]. This is precisely the reason that controlling shareholders have more duties which are not borne by minority shareholders as the difference among different classes of share are recognized by the law. For example, right to v ote, right to receive dividends are subjective depends upon the shares person holds, so equality is different, whereas certain rights like to receive information, to get notices, here equality assumes different perception. The principle of equality does not aim at giving minority shareholders the same treatment as the majority. As the weaker party in a company, minority shareholders only need an equitable and fair treatment protecting their rights as provided by law and the capital they have invested in the company.10 . Shareholders might have many things in common, but not all ofthese are relevant for company law and for the rule of equal treatment, so it isnecessary to establish whether different shareholders are in thesamesituationornot.Usually,thedistributivecriterionadoptedbycompanylawistheshareof legal capital held by shareholders, but the competent jurisdiction couldprovide for different criteria or allow the article of association to distinguishamong different classes of shares.By contrast, the equal treatment of shareholders vis-ÃÆ'  -vis the company is alimit to the powers of companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s bodies, so its infringement might lead toannulment of a corporate decision or to sue the directors for damages 11 .Beingthis a duty burdened to behaviours and decisions of companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s bodies, thecompetent jurisdiction can admit exceptions under specific circumstances 12 .In addition, in all jurisdictions the question arises as to whether companyà ¢Ã¢â€š ¬Ã¢â€ž ¢sdecisions that treat shareholders formally equal, but in reality affect themdifferently due to personal positions or interests of such shareholders, areencompassed by equality vis-ÃÆ'  -vis the company or by other principles orfiduciary duties, such as the à ¢Ã¢â€š ¬Ã…“abuseà ¢Ã¢â€š ¬Ã‚  of majority powers or the à ¢Ã¢â€š ¬Ã…“fraudà ¢Ã¢â€š ¬Ã‚  on theminority. To sum up, each jurisdiction is free to shape autonomously thecontours of thi s principle. In addition, there is no shared view among legalscholars and among member states regarding the content of the principle ofequal treatment 13 . The former is the basic distributive principle upon which the relations amongshareholders are built, which answers the basic question à ¢Ã¢â€š ¬Ã…“Equality ofwhat?à ¢Ã¢â€š ¬Ã‚  10 . Shareholders might have many things in common, but not all ofthese are relevant for company law and for the rule of equal treatment, so it isnecessary to establish whether different shareholders are in thesamesituationornot.Usually,thedistributivecriterionadoptedbycompanylawistheshareof legal capital held by shareholders, but the competent jurisdiction couldprovide for different criteria or allow the article of association to distinguishamong different classes of shares.By contrast, the equal treatment of shareholders vis-ÃÆ'  -vis the company is alimit to the powers of companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s bodies, so its infringemen t might lead toannulment of a corporate decision or to sue the directors for damages 11 .Beingthis a duty burdened to behaviours and decisions of companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s bodies, thecompetent jurisdiction can admit exceptions under specific circumstances 12 .In addition, in all jurisdictions the question arises as to whether companyà ¢Ã¢â€š ¬Ã¢â€ž ¢sdecisions that treat shareholders formally equal, but in reality affect themdifferently due to personal positions or interests of such shareholders, areencompassed by equality vis-ÃÆ'  -vis the company or by other principles orfiduciary duties, such as the à ¢Ã¢â€š ¬Ã…“abuseà ¢Ã¢â€š ¬Ã‚  of majority powers or the à ¢Ã¢â€š ¬Ã…“fraudà ¢Ã¢â€š ¬Ã‚  on theminority. To sum up, each jurisdiction is free to shape autonomously thecontours of this principle. In addition, there is no shared view among legalscholars and among member states regarding the content of the principle ofequal treatment 13 . The shareholders should get same rights within each class. The shareholders who belong to the same class must form one group and would be entitled to the same rights. Each share in that group represents the same claim on corporate assets, returns, dividend etc[6]. Dividend Distributions Shareholders are to be treated equally with respect to dividend distribution if they form same group. When dividend is decided to be distributed, each shareholder must receive dividend equal to the dividend paid to the other shareholders placed equally in the particular class[7]. Dividend is the share of profit that falls to the share of each individual member of a company[8]. There is no express authority in the articles of association or memorandum of association to enable company to pay dividends. It is implied. There is no set amount which is distributed to the shareholders. Without prescribed criteria for distribution, the shareholders would have no control or would have no awareness as to when the management could allot more dividends to some shareholders ignoring others. Variation of Shareholders rights subject to voting The share capital of a company is divided into two groups:- ordinary shares and preference shares[9]. Both these constitute separate class. The rights attached to one class of shares may be different from other class. A shareholder who has a pre-emptive right to purchase shares on further issue of shares constitute separate class and this right must not be taken away from him without his consent[10]. If the rights attached to the class need to be altered, certain procedure need to be followed. Firstly, there should a provision in the articles of association or memorandum of association of the company entitling it to vary such class rights. Secondly, the holder of three-fourth of the issued shares of that class must have given their consent in writing or a special resolution sanctioning the variation must have been passed at a separate meeting of the shareholders of that class. Thirdly, the holders of at least ten percent of the shares of that class who did not consent to or vote in favour of the resolution may apply to the tribunal and then variation shall not take effect unless and until it is confirmed by the tribunal[11]. The application should be filed within 21 days of the date of consent or resolution.[12] The tribunal then should grant to the applicant or any other person who apply to the tribunal a hearing[13]. If the tribunal after having regard to all the circumstances of the case, is satisfied that variation would unfairly prejudice the shareholders of that class, it would be disallowed. But if it is reasonable and fair, it would be confirmed. The decision of the tribunal is final n this regard[14]. The company shall thereafter send within thirty days a copy of the Tribunals order to Registrar[15]. Right to receive share certificate Company allots shares for public subscription. The persons who apply for such shares and subscribe for such shares become shareholders of the company[16]. Thus, an allottee of shares receives from a company a document known as share certificate certifying that he is the holder of specific number of shares in the company. The company has to deliver a certificate to the allottee within three months from the allotment. The central government may extend the period to nine months. In case company makes a default in this regard, the allottee may give a notice to company reminding of its obligation and if still company doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t make good the default within 10 days, the allottee may approach the central government. Thus, the delivery of the share certificate must be effected in accordance with section 53 of the Act[17]. Right to transfer the shares subject to restrictions Shares are movable property as provided by section 82 of the companies Act, 1956[18]. Shareholders by virtue of statute has a right to transfer the shares without the consent of anybody to any person , even though he be a man of straw, provided it is bona fide transaction in the sense that it is absolute disposal of property without retaining any interest in the shares therein[19]. The shares are freely transferable subject to restrictions laid down in the articles of a company, if any. A restriction which is not specified in the articles is not binding either on a company or shareholders[20]. Section 111A provides for free transferability of shares and allows a shareholder to transfer as he may think fit and approach the Company Law Board for registering transfer. If there are restrictions on transfer, then the shares must be first offered to existing shareholders and if they refuse then shares can be transferred to outsiders. There are number of case laws dealing with the subject -matter. In v.b rangaraj v. v.b gopalkrishnan[21], This case is related to private limited company, whereby it has two branches of family as shareholders. It was agreed orally by them that there should be no change in the proportion of shareholding and if any member wants to sell the shares then he must sell first to his own branch. The thing to note here is that the restriction that was placed was orally and not provided in the articles. The Supreme Court stated that shares are freely transferable and unless the restriction is provided in the articles of association, no private agreement can be taken as binding on the company or shareholders. Such private agreement is void ab initio. In Mafatlal Industries Ltd. v. Gujrat Gas Co. Ltd[22], This decision of the Gujarat High Court has an important point to make with respect to public limited company. Here, a shareholder sells 3.87 shares in an open market. The Court stated that the decision laid down in the above cited case holds true for the public limited company too. In M.s. Madhusudhanan v. Kerala Kaumudi Pvt. Ltd[23], This is in reference to private company. The case stems from the family dispute that arose out of an agreement which provided that there should not be any change in structure of the shareholding among the family. It also provided that in case of death of two shareholders, the shares would get transferred to Madhusudanan in certain percentage. This case seems to be similar to Rangaraj case dicussed above. However, the court distinguished this case with the former one stating that transfer of shares was specific and number of shares were identified in which company need not be a party. In Western Maharashtra Development Corporation v. Bajaj Auto Limited[24], In this case, in the year 1974, Western Maharashtra Development Corporation Ltd and Bajaj Auto ltd entered into an agreement whereby they decided to enter into joint venture and name it as Maharashtra Scooters Limited and accordingly company got incorporated as public company. The shares were listed on NSE and BSE. WMDC held 27 percent and Bajaj Auto held 24 percent, and 49 percent of public holding. There was an agreement between the two promoter shareholders that restricted the transfer of shares and it was provided in articles of association too. The agreement specifies that if any wants to sell the shares then the first offer to buy should be given to other party at such price as may be agreed. If other party agrees to purchase the shares within 30 days of such offer, then the selling party must sell the shares. Where the party agrees to buy but the price is not acceptable then such dispute should be referred to arbitration. The petitioner desired to sell the shares to Bajaj Auto at a price of Rs. 232.20 per share which was not acceptable by the petitioner. According to the terms, the dispute should be referred to the sole arbitrator. The arbitrator after considering all the circumstance b y an award directed to sell shares to Bajaj Auto at a price of Rs. 151.63 per share. Thus, the award of the arbitrator didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t go down well with the petitioner and hence, the petitioner petitioned to the Bombay High Court. The petitioner contended that the agreement restricting the transfer of shares was illegal and void as against section 111A of companies Act, 1956. Section 111A provides for free transferability and hence any agreement that restricts the transfer would be void and any award passed on it would have no meaning and could be set aside. Section 34 of the Arbitration and Conciliation Act, 1996 allows for setting aside arbitral award. On the other hand, Bajaj Auto files counter argument and states that agreement was valid because an agreement was not binding on all the shareholders but it binds two shareholders. The restriction was there in the article of association. Moreover section 111A doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t prohibit the restriction on transfe rability when it is agreed between specific particular shareholders providing for specific shares. However, Single Judge ofBombay High Court held that the word à ¢Ã¢â€š ¬Ã…“free transferabilityà ¢Ã¢â€š ¬Ã‚  appearing in section 111A is of widest amplitude and legislature has made its intention clear by using the word freely transferable, that shareholders can transfer freely. Any agreement and articles of association providing for restriction on transfer would be violative of section 111A of the Companies Act and thus is void and the award based on it is void and illegal too. In Messer Holding Limited v. Shyam Madanmohan Ruia and Others[25] This decision has overruled the decision laid down in the above cited case of Bajaj Auto that transfer of shares is contrary to section 111A of the Act. In this case, Bombay Oxygen Ltd, (defendant) is a listed company. The majority shareholder was the Messer holding there was an agreement which provided that German company would acq uire shares and provide know-how to the company. It was specified in the agreement that if either wants to sell shares then it must first be offered to other party except some of the situations. The arguments were that agreement was violative of section 111A and was also void because of fraud and misrepresentation. In this case, the Court looked into the relevance of section 111A and came to the observation that section 22A of SCRA, 1956 provided for free transferability in registered company in the year 1986. It said that company may refuse transfer on specified points. The section was adopted to fight the arbitrary powers of board of directors to refuse the transfer of shares. It is noteworthy to mention that section 22A was adopted to curb the powers of board of directors and not to curb the power of shareholders to transfer the shares by entering into agreements. Later, section 22A was deleted and new section 111A was adopted. It also provided for curbing the power of board o f directors and also specified that board of directors cannot refuse to register transfer unless there is sufficient cause to do it. The Court states that right of shareholder is not restricted and if that was the intention of the legislature then it would have made an express provision in that regard. Therefore, the words à ¢Ã¢â€š ¬Ã…“freely transferableà ¢Ã¢â€š ¬Ã‚  donà ¢Ã¢â€š ¬Ã¢â€ž ¢t curtail the right of the shareholder to enter into agreement with third party for transferring of shares. If the company desires to curtail that right of shareholders, should provide that expressly in articles of association or in the Act. Analyzing the decision of the Court, it could be seen that agreement relating to transfer of shares can be enforced and it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t violate free transferability of shares with respect to section 111A. Moreover, it is required to be specified in the articles of association. After Messer Holding Case, the scenario has changed for transfer of shares. The ruling of the Messer holding emphasized on the fact that agreement to transfer the share is shareholders matter among themselves and not between shareholders and company. Company is not a party and thus the effect of it is that agreement is legal and valid and not violative of section 111A of companies Act, 1956. It emphasizes that restriction to transfer remains in the contract/agreement that is among the shareholders and it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t find mention in the articles of association and thus it binds the shareholders and not the company[26]. The ruling of Messer Holding gave some respite to the shareholders as they are free to transfer and restrict by placing terms in the agreement but the issue remains open for the company. By keeping company out of the agreement of shareholders, the terms of the contracts cannot be inserted into articles of association and therefore the company cannot be restricted to transfer shares as the agreement is not bi nding on the company. So if company transfer shares in violation of terms of the agreement, shareholder would not have any remedy, as company was out of the agreement. Company law Board would not have jurisdiction as there was nothing in the articles of association. Shareholder should resort to civil jurisdiction then which is time-consuming and lengthy. Considering that the terms of agreement are placed in articles of association, it wonà ¢Ã¢â€š ¬Ã¢â€ž ¢t be valid as seen from above cited cases. Restriction on transfer of shares with respect to companies act, 2013. The companies Act, 2013 has cleared the picture with respect to transfer of shares to some extent. Section 44 of the Act is akin to section 82 of the companies Act, 1956 which provides for that share of a company is movable property, transferable in a manner provided by the articles of the company. It is noteworthy here to mention that companies Act, 2013 provides for separate provisions for public company and privat e company. Clause (1) of section 58[27] provides for private company and clause (4) provides restriction of transfer of shares in public limited companies on sufficient cause. Clause (2) of the section mentions that shares are freely transferable and a proviso has been added which says that contract or agreement among shareholders inter se shall be enforceable as a contract. It is still not clear though as to what is sufficient cause in this regard. [1] Section 87, Companies Act, 1956 [2] Anirudh Laskar Aveek Datta, Sebi plans platform for minority shareholder, Mint, Nov, 2011, available at https://www.livemint.com/Companies/VJqplNNF2GtbOdYv24KwKN/Sebi-plans-platform-for-minority-shareholders.html [3] OECD, Equal treatment of shareholders and protection of their rights, available at https://www.oecd.org/daf/ca/corporategovernanceprinciples/1930044.pdf [4] OECD Principles of Corporate Governance, OECD 2004, Available at https://www.oecd.org/corporate/ca/corporategovernanceprinciples/31557724.pdf [5] Victor Brudney, Equal Treatment of shareholders in Distributions and Reorganization, California Law Review, Article 9, Volume 71, Issue 4, July 1983, available at https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2127context=californialawreview [6] Ibid [7] Ibid [8] AVTAR SINGH, COMPANY LAW, 381, Eastern Book Company, Eighteenth Edition, 2005 [9] Section 85, companies Act, 1956 [10] Cumbr ian Newspapers Group Ltd v. Cumberland and Westmorland Herald Newspaper and Printing Co. Ltd (1986) 1 WLR 26 [11] Section 107(1), Companies Act, 1956 [12] Section 107(2), Companies Act, 1956 [13] Section 107(3), Companies Act, 1956 [14] Section 107(4), Companies Act, 1956 [15] Section 107(5), Companies Act, 1956 [16] AVTAR SINGH, COMPANY LAW, Eastern Book Company, Eighteenth Edition, 2005, pg 187 [17] This section requires delivery by post or by personal delivery [18] Section 82, Nature of shares-The shares or other interest of any member in a company shall be movable property, transferable in the manner provided by the articles of the company. [19] Avtar Singh, COMPANY LAW, 142, Eastern Book Company, Eighteenth Edition, 2005 [20] Ibid [21] (1992) 1 SCC 160 [22] 1997 [23] (2003) VOL. 117 Comp Cases 19 [24] 2010 [25] 2010 (Appeal No. 855 of 2003 in Notice of Motion No. 534 of 2002 in Suit No. 509 of 2001 and Notice of Motion Nos. 1308 and 3956 of 2005, 4118 of 2007 and 1973 and 1418 of 2008) [26] Suresh, Restriction on Transfer of shares in public Company, January 15, 2012 available at https://www.lawyersclubindia.com/articles/Restriction-on-Transfer-of-Shares-in-a-Public-Company-4407.asp#.U3nzJ1K6Zdg [27] Section 58- (1) If a private company limited by shares refuses, whether in pursuance of any power of the company under its articles or otherwise, to register the transfer of, or the transmission by operation of law of the right to, any securities or interest of a member in the company, it shall within a period of thirty days from the date on which the instrument of transfer, or the intimation of such transmission, as the case may be, was delivered to the company, send notice of the refusal to the transferor and the transferee or to the person giving intimation of such transmission, as the case may be, giving reasons for such refusal. (2) Without prejudice to sub-section (1), the securities or other interes t of any member in a public company shall be freely transferable: Provided that any contract or arrangement between two or more persons in respect of transfer of securities shall be enforceable as a contract. (3) The transferee may appeal to the Tribunal against the refusal within a period of thirty days from the date of receipt of the notice or in case no notice has been sent by the company, within a period of sixty days from the date on which the instrument of transfer or the intimation of transmission, as the case may be, was delivered to the company. (4) If a public company without sufficient cause refuses to register the transfer of securities within a period of thirty days from the date on which the instrument of transfer or the intimation of transmission, as the case may be, is delivered to the company, the transferee may, within a period of sixty days of such refusal or where no intimation has been received from the company, within ninety days of the delivery of the instrument of transfer or intimation of transmission, appeal to the Tribunal. (5) The Tribunal, while dealing with an appeal made under sub-section (3) or subsection (4), may, after hearing the parties, either dismiss the appeal, or by orderà ¢Ã¢â€š ¬Ã¢â‚¬  (a) direct that the transfer or transmission shall be registered by the company and the company shall comply with such order within a period of ten days of the receipt of the order; or (b) direct rectification of the register and also direct the company to pay damages, if any, sustained by any party aggrieved. (6) If a person contravenes the order of the Tribunal under this section, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.

Wednesday, December 18, 2019

The Effects Of Lowering Stress On College Students

There isn’t a better, more comforting feeling, than coming home after a long, hard day at work or school and being welcomed at the door with a wagging tail, wet kisses, and an excited to see you face from your dog. For many, having any sort of interaction with a pet or animal is the ultimate cure to stress that is caused by work, people, and life. While not every college student is able to have a loving pet in their lives, even a momentary encounter with any animal can lower stress and anxiety levels. Multiple studies have proven that animals are a powerful form of stress relief by not only lowering blood pressure, but also lowering a dangerous stress hormone, cortisol, which is correlated with depression and anxiety. Interactions with animals have also proven to raise oxytocin levels, which are linked to pleasure, relaxation and happiness. Lowering stress and anxiety in college students will help them academically and socially throughout their college lives. College students will experience lower stress levels, a lower level of cortisol, and live a happier stress-free life by interacting with animals or pets throughout their time in college. With more and more college students becoming depressed and anxious, researchers have been working hard to try and improve college student lifestyles. According to Therese Borchard, associate editor of World of Psychology, at least 44 percent of American college students reported feeling symptoms of depression this past year (Borchard).Show MoreRelated Lowering the Legal Minimum Drinking Age Essay1622 Words   |  7 PagesThe issue of underage drinking has become a major problem, especially on college campuses. But, underage drinking is not purely the root of all accidents related to alcohol. The real problem lies within the unsafe underage drinking habits amongst youth. There are ways that these alcohol-related accidents can be avoided. 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I pay my bill faithfully but it seems like it is never going to go away.† Courtney, a college graduate, is experiencing the negative effects of college tuition first hand. She tells us how she still owes a significant amount of money twelve years later. She is not alone as several other college graduates experience the same thing every day. Over the years, college tuitionRead MoreEvaluating The Mental Health Of The Students And Screen For Psychological And Psychiatric Disorders Such As Depression1612 Words   |  7 Pagesof 900 students, 352 people participated in the survey. A total of 173 students or 51.8 percent of the participants had paid tuition fees. Of those who participated, 250 students had acquired monetary aid from their parents. Of those who borrowed money from their parents, 148 believed that the financial help caused unduly stress on their families (Ross, et al., 2006). A total of 34 student applied for financial hardships funds, with 15 receiving assistance. 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Tuesday, December 10, 2019

Asus Industry Analysis free essay sample

As a leading manufacturer AsusTek is able to perfectly meet the needs of today’s digital home and office. Inspiring Innovation is the foundation that we stand by. We strictly adhere to our â€Å"Asus way of total quality management† within every line we offer. Computer manufacturing company AsusTek offers a wide variety of technology consisting of laptops, personal computers, motherboard, broadband products, graphic cards, liquid crystal display, mobile telephones, pocket pc’s, server motherboards, server systems, computer accessories and peripherals. Jonney Shih (Chairman of ASUSTek Computer Inc. ) â€Å"Success stems from the generation of new ideas to create a world of constant flux and change, an open environment where exciting possibilities emerge. That is inspiring innovation† is the philosophy that the company stands behind. AsusTek strives to not only be the leading consumer technology brand but to remain focused on safeguarding our planet by producing eco-free products. We produced the industries first lead-free and halogen-free motherboard. Overseas a green supply chain management system maintains an online database of green vendors. According to the RoHS industry guidelines they restrict 6 hazardous substances but we further restrict an addition 31 substances for the safety of our customers, employees, and the earth From Environmental Analysis To Industry Analysis. Environmental to industry analysis * 2008, joined with Intel and Tsann Kuen Enterprise, to launch â€Å"PC Recycling for a Brighter Future† (collects and recycles old notebooks, PCs, and LCD monitors) * 1,200+ used products were refurbished and donated to needy users * Produced first lead-free and halogen-free motherboard First notebook manufacturer to receive EPD and EU Flower Eco certificates * Received recognition for efficient design at 2011 Energy Star Award Ceremony Apple products are lead, BFR, PVC, and mercury free. Glass used for production is arsenic-free. Determinants of Industry, Profit, and Competition * I remember you saying something about the chart below 4/15/2011 ASUS Recognized for Energy Efficient Product Design at 2011 ENERGY STAR Award Ceremony 1/6/2011 ASUS Ranked Highest Among Environmentally Friendly Electronic Products in the 2010 Greenpeace Electronics Survey 10/20/2010 ASUS Receives Top Marks from Electronics TakeBack Coalition for Recycling Efforts 10/19/2009 ASUS Produces the Worlds First Notebook Computer to Receive Carbon Footprint Certificate 10/12/2009 ASUS EPD and Carbon Footprint Experience Sharing and Awarding Ceremony   7/31/2009 ASUS Releases Corporate Sustainability Report for Fiscal Year 2008, Receiving the GRI-checked Application Level B Icon 4/10/2009 ASUS Strikes EPEAT Gold Again with VH Series LCD Monitors 2/2/2009 ASUS Leads the Way for Greener Computing with Launch of Halogen-free Product Processes across Major Product Lines   12/26/2008 ASUS N20A Notebook receives WinHEC Award 12/10/2008 ASUS Conferred Worlds First EuP Certification for Portable Notebooks for Its N Series Notebooks 11/21/2008 ASUS Becomes Worlds First to Receive Both EU Flower and Czech Eco Label Awards for Computers   10/1/2008 ASUS New N series Notebooks First to Earn EPEAT-Gold The Determinants of Industry Profit. Demand and Competition Despite growing consumer demand for PCs and tablets, industry profit will continue to fall because of intense price competition. To boost profitability, manufacturers will shift their focus away from consumer PC ales to more enterprise-oriented offerings, such as servers. The proliferation of cloud computing will prompt companies to increase their server investments. Analyzing Industry Attractiveness Porters 5 Forces of Competition: 1. In a continuously growing industry ASUSTek finds itself among large amounts of competition. Its direct rivals include Apple Inc. , Dell, and HP. 2. Threat of substitutes is low due to a very brand loyal industry with the top 5 manufacturers holding over half of the market share. 3. Threat of new entrants is low considering the top competitors are so powerful. Computer Technology as an industry that see’s new companies entering and exiting each year, but brand loyal customers who demand cutting edge technology stick with those powerful manufacturers. 4. There isn’t a certain supplier that has control over the market. 5. There is not one customer in particular that has an effect on this industry. Technology: In recent years technological advances have assisted everyone from parents, to businesses and their employees in simplifying everyday tasks. Advanced PC’s, netbooks, tablets, and smartphones of recent years have started becoming our main source of communication and information collection. Computer manufacturers see new trends like touchscreen, wireless capabilities, or voice command enter the industry, and suddenly all of them are altering their products to not only stay competitive but to meet their suppliers derived demand. Extended battery life, overall size, faster processing, cloud computing, and sync capabilities are some of the new technologies that each manufacturer offers in their own way. Competition from Substitutes Taiwanese website NCCC have posted images of what they claim to be the next generation Asus EEE Pad, codenamed â€Å"TF300T†. From the images the only specs known are a 10. 1? screen and a rear camera. The model number â€Å"TF300T† suggests that this could be the next version in the Transformer lineup after the original Transformer (TF101) and Transformer Prime (TF201). Threat of entry ASUSTek is the world’s top 3 leading consumer notebook vendor and maker of the best-selling and most award winning motherboards. Operating at such a high level in an industry like computer technology is not an easy task, even more difficult for those companies in their infancy stages. New entrants in computer technology face the daunting task of competing with organizations like ASUSTek whose reputation is as strong as their customer’s loyalty. In an industry as advanced as computer technology, large amounts of funding are necessary to test and develop new pieces of hardware. This also makes competition more difficult for new entrants whose budget may not allow them the ability create and test several lines of product. Asus has not only developed over 16 tried and true product lines, they are now altering them with renewable materials like leather and bamboo, revolutionizing the industry yet again. In order for ASUSTek to succeed in this ultra-competitive IT industry, they focus on speed-to-market, cost and service. Asus has developed a strong advantage in their product design, technology, quality, and value/cost. These strengths are marketed directly to the hearts of our loyal consumers, and have created a formula for success that is hard to duplicate. Rivalry Between Established Competitors * ASUS: Eee Pc VS. Lenovo ThinkPad Trends The current trend has been the tablet pc. It is light-weight, convenient and fairly cheap to purchase. Laptops with the highest performing components are also high in demand. I did some cross-referencing research by looking at who has the best product out today and compared it to the overall leading company in the industry. I found the companies with the best current products They are as follows; 1. HP had 17. 7% market share, compared to 17. 3% in last year’s third quarter. 2. DELL had an 11. 6% share of the market, compared to 12. 2% last year 3. APPLE took third place, with 12. 9% share. 4. ACER had a 10. 6% share in the third quarter, compared to a 14. 2% share last year. 5. SONY has a 11. 6 share in the third quarter, compared to a 12. 2% last year Then, the leading manufactures (based on consumer reports, link above) 1. ACER had a 10. 6% share in the third quarter, compared to a 14. 2% share last year. 2.

Tuesday, December 3, 2019

The Blind Assassin free essay sample

This paper discusses the element of sacrifice present in the novel The Blind Assassin written by Canadian author, Margaret Atwood. The following paper examines the story in Atwoods The Blind Assassin which revolves around one old woman, Iris, who is forced to study the events of her life when three important people around her die, one after the other, under mysterious conditions. This paper explores the way in which the protagonist begins to write down her life story, as she realizes that the truth about their deaths has not been revealed. The moments of sacrifice in the story are focused on. Margaret Atwood is a well-known author of more than 30 books, which include poetry, novels and essays. She was born in 1939 in Ottawa, and received her early education at home due to uncertain world conditions. She later went on to get her B.A degree from University of Toronto in 1961 and her first poetry collection was published a year later in 1962. We will write a custom essay sample on The Blind Assassin or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page While the author is known more for her remarkable stories and extraordinary plot weaving skills, she is also an accomplished poet with more than 15 volumes of poetry including The Circle Game (1967); The Animals in That Country (1968); The Journals of Susanna Moodie (1970); Procedures for Underground (1970); Power Politics (1973); You Are Happy (1975) etc.

Wednesday, November 27, 2019

Why did the Whitechapel murders attract essays

Why did the Whitechapel murders attract essays White chapel an area between spitalfields and adlagate an area which was ignored many a time in the Victorian ages but why did it attract so much attention? Was it the intense brutality of the murders in which people felt happy and enjoyed reading about it? As jack the ripper would often use beastly methods of killing the 5 prostitutes and then take a part of their anatomy and keep it as a trophy such as in the case of Catherine Eddowes, her throat was cut and her bowels were out. her stomach was ripped up and there was a large cut from her breastbone to her stomach. Her intestines were cut out and her kidney and her womb were also cut out. There were cuts on both eyelids and the tip of her nose was cut off. This attracted so much attention because look at this the women was murdered it such a brutal way and this would have been used as an example for women to be careful and protect themselves against any strange men. This also shows that the people of Whitechapel knew what they were having to deal with. The Whitechapel murders attracted a lot of attention from the media and on two occasions letters that had been supposedly sent from the ripper were released generating more interest. Such an example was set to a Mr. Lusk and is shown below. This leeter was then later realsead to the media and in todays world prompt the question was it a hoax? Was it done to sell more newspapers? Or was it a real letter? Another point that the Whitechapel murders attracted so much attention was the whereabouts were the murders happened. The East End in 1888 was a dangerous place to be and most of the lower class lived there. There were mainly English, Poles and Jewish people living in the East End. The Jews fled from problems in Russia and had settled in the East End and were Jewish population had begun to rise slowly. Many Poles were expelled from Russia and came to live in the East End because ...

Saturday, November 23, 2019

Pennsylvania Vital Records - Births, Deaths Marriages

Pennsylvania Vital Records - Births, Deaths Marriages Learn how and where to obtain birth, marriage, and death certificates and records in Pennsylvania, including the dates for which Pennsylvania vital records are available, where they are located, and links to online Pennsylvania vital records databases. Pennsylvania Vital Records: Division of Vital RecordsState Department of HealthCentral Building101 South Mercer Street, Room 401P.O. Box 1528New Castle, PA 16101Phone: (724) 656-3100 What You Need to Know:Check or money order should be made payable to Division of Vital Records. Personal checks are accepted. Call or visit the Web site to verify current fees. All requests for 1906 and later records MUST include the signature and photo ID of the individual requesting the record. The online request service is not available for genealogy requests. Pennsylvania Birth Records Dates: From 1 January 1906 Cost of copy: $20.00 (certified from State Vital Records); $5.00 (non-certified from the State Archives) Comments: Access to Pennsylvania records of birth that occurred less than 105 years ago is restricted to immediate family members and legal representatives (spouse, parent, siblings, children, grandparents, grandchildren). Other family members (cousins, etc.) can obtain a copy of a birth certificate only if the individual is deceased and a copy of the death certificate is submitted with the request. Birth records older than 105 years are open to the public. With your request, include as much as you can of the following: the name on the birth record being requested, date of birth, place of birth (city or county), fathers full name, (last, first, middle), mothers full name, including her maiden name, your relationship to the person whose certificate is being requested, your purpose for needing the copy, your daytime telephone number with area code, your handwritten signature and complete return mailing address.Application for Certified Birth Certificate   Non-certified copies  of birth certificates  are only available for the years 1906- 1909 and  of death certificates for the years 1906–1964. These can be obtained from the State Archives, not through State Vital Records * For earlier records, write to Register of Wills, Orphans Court, in the county seat of county where event occurred. Persons born in Pittsburgh from 1870 to 1905 or in Allegheny City, now part of Pittsburgh, from 1882 to 1905 should write to the Office of the Register of Wills for Allegheny County. For events occurring in the City of Philadelphia from 1860 to 1915, contact the City of Philadelphia Archives (be sure to ask for a non-certified, genealogy copy). Online:Pennsylvania Birth Records, 1906–1908  with images and index available as a subscription database on Ancestry.com; free to residents of PennsylvaniaPennsylvania Birth Indices, 1906–1910 (free) Pennsylvania Death Records Dates: From 1 January 1906 Cost of copy: $9.00 (certified from State Vital Records); $5.00 (non-certified from the State Archives) Comments: Access to death records older than 50 years in Pennsylvania is restricted to immediate and extended family members and legal representatives. Records older than fifty years are open to the public and accessible through the Pennsylvania State Archives. With your request, include as much as you can of the following: the name on the death record being requested, date of death, place of death (city or county), your relationship to the person whose certificate is being requested, your purpose for needing the copy, your daytime telephone number with area code, your handwritten signature and complete return mailing address.Application for Certified Death Certificate * For earlier records, write to Register of Wills, Orphans Court, in the county seat of county where event occurred. Persons who died in Pittsburgh from 1870 to 1905 or in Allegheny City, now part of Pittsburgh, from 1882 to 1905 should write to Office of the Register of Wills for Allegheny County. For events occurring in City of Philadelphia from 1860 to 1915, contact the City of Philadelphia Archives (be sure to ask for a non-certified, genealogy copy). Online:Pennsylvania Death Indices, 1906–1965  (free)Pittsburgh City Deaths, 1870–1905Philadelphia City Death Certificates, 1803-1915Pennsylvania Deaths 1852–1854  (Ancestry.com subscription required) available for 49 of 64 counties Pennsylvania Marriage Records Dates: Varies by county Cost of Copy: Varies Comments: Send your request to the Marriage License Clerk for the County Court House in the county where the marriage license was issued. Online:Pennsylvania County Marriages, 1885–1950Philadelphia Marriage Indexes, 1885-1951Record of Marriages, 1885–1891; incomplete listing from various PA counties (free) Pennsylvania Divorce Records Dates: Varies by county Cost of copy: Varies Comments: Send your request to the Prothonotary for the County Court House where the divorce decree was granted.

Thursday, November 21, 2019

Museum Paper Assignment Example | Topics and Well Written Essays - 750 words - 1

Museum Paper - Assignment Example Somewhat later, Impressionism introduced another equally valid means of seeing reality. As the concept of an emotional reality took central importance, Post-Impressionist painter Vincent Van Gogh (1853-1890) began capturing emotion in the very act of painting. In attempting to ‘accurately’ reflect life in all of its objective detail, French artists realized a number of ways of seeing the ‘real.’ The major ideas that fueled French art are expressed in the works of Gustave Courbet (1819-1877) and Claude Monet (1840-1926), both of whom have works housed at the Metropolitan Museum of Art in New York. In his art and in his philosophy, Courbet’s chief technical concern seems to be an abandonment of the ‘rules’ of art, at least to some degree, in favor of a more natural flow in both line and form. He said, â€Å"painting is an essentially concrete art and can only consist in the representation of real and existing things† (cited in Finocchio, 2004). In his painting â€Å"Young Women from the Village† (1852), Courbet presents a lovely pastoral image in which three young ladies from the village offer a poor farm girl something from a basket. This graceful act of charity on the part of the town girls is nearly lost in the overwhelming spaciousness of the surrounding landscape. This vast landscape is predominantly green broken only by the presence of a few cattle and a small dog all clustered relatively near the girls. There is nothing to break up the sense of isolation and mutual need these girls have for one another. In this presentation, Courbet bro ke all traditional approaches to ‘pastoral’ art as well as the respected position of artists of the period. â€Å"His Young Women from the Village †¦ violates conventional rules of scale and perspective and challenges traditional class distinctions† (Finnochio, 2004). Although Courbet is presenting young ladies, he makes no attempt to beautify their images. He paints them in the traditional clothing of

Wednesday, November 20, 2019

Hyperthyroidism Research Paper Example | Topics and Well Written Essays - 250 words

Hyperthyroidism - Research Paper Example any causes which include over activity of the thyroid gland as in Grave’s disease or due to neoplasias of the thyroid gland which include adenomas and carcinomas. It can also occur due to an adenoma in the anterior pituitary which leads to increased secretion of TSH which results in overstimulation of the thyroid gland and hence increased release of the thyroid hormone. Inflammation of the thyroid gland can also result in hyperthyroidism. Thyroid hormone is essential for the carrying out of normal body processes and it is a hormone which is important for the regulation of metabolism. But an increase in the hormone due to the disease can have many adverse effects. The basal metabolic rate of the body can increase 60 to 100 percent more than normal and this can account for the increased sweating and decreased tolerance to heat. The thyroid hormone stimulates the central nervous system but increased quantities can lead to psychological issues and nervousness. The muscles become weak because of the increased catabolism of proteins. The increased quantities lead to an increase in the GIT motility leading to diarrhea and the increased metabolism is the cause of weight loss which may be of varying degrees. The patient experiences. The cardiac system is also affected and increased heart rate and output is noted. The eyeball is protruded and the skin feels hot. Hyperthyroidism is a pathological condition which not only affects the thyroid gland itself but it disrupts major physiological processed of the body. Medical and surgical intervention can help a person overcome most of the symptoms associated with the

Sunday, November 17, 2019

Human Performance Technology Model Essay Example for Free

Human Performance Technology Model Essay The journal I had chosen is â€Å"Minding the gap , identifying performances issues using the Human Performances Technology model (HPT) . † The purpose of this journal is to main a useful model for identifying and addressing employee performance issues in academic libraries , specifically in a Learning Commons . As we know , assessing and improving employee performance , especially library services are always challenging . However , HPT provides methods for evaluating human performances , such as the performance of employees at a service point , and , and provides method in fixing problems that are identified . Most of the time , training is always assumed solution for many performances issues , but HPT suggests that the training is not always the answer and provides a variety of the other solutions referred to intervention . The HPT model created by the International Society for Performance Improvement (ISPI , 2010 a ) was used to evaluate employee performance at the service point in a newly created Learning Commons . Various interventions are also discussed the address performances issues in libraries. The HPT model may help librarians create measurable performance indicators which can be used to set standard of performances for employees. This model is useful for a combination of student workers, paraprofessionals and librarians. The HPT model comes from field of HPT , which is the combination of education , psychology and business . So , HPT is the process of identifying and analyzing the gap between current performances ( where one is ) and ideal performance ( where one wants to be ) using various tools such as models . Closing the gap can be done through a recommend solution called an intervention. â€Å"Intervention† in HPT refers to a course of action taken to improve performance . Each stage of the HPT process helps one understand the behaviors of people in an organization and of the organization as a whole . HPT aims to analyze observable behaviour both individually and collectively. HPT ensures a through of a variety of areas within an organization in order to understand the performance gap. An analysis of values, norms, culture, structure, performance, and environment is recommended . Through an organization analysis , environmental analysis , gap analysis , can cause those who using HPT analysis determine the performance problem or opportunity . Without careful analysis , inappropriate intervention could be implemented . Intervention should be long term , evolutionary and progressive. Learning Commons in Randall Library at the University of North Carolina Wilmington (UNCW ) was using HPT model to evaluate employee performance. The Learning Commons provides a variety of hardware and software, a centralized service point is included in the middle of the Learning Commons. This service point staffed by librarians who are full time faculty members at UNCW and university’s Technology Assistance Center (TAC) student assistant who are hired to work part time at multiple service points , including the Learning Commons service point , in Randall Library . The primary user group of the Learning Commons is UNCW students . The learning Commons applied HPT after three months opens . The performances issues identified after three months after opening . While some performance issues may ‘work themselves out ‘ overtime , if using the HPT model early in the operation can identify the problems immediately and prevents the problems . Application of the model can helps to identify the root of the causes and helps pinpoint appropriate solution for those issues. An assumption that training is always the appropriate solution for all performances problems can be corrected using HPT . As noted in the HPT model , there are several phases of analysis which are performance analysis , organizational analysis , environmental analysis , gap analysis and cause analysis . A â€Å"cause analysis† follows the performance analysis helps to identify a â€Å"lack of environmental support† or a â€Å"lack of repertory behaviour†. â€Å"Intervention selection ,design , and development† follow all analysis phases . That is because after identify all the gaps or problems , then only can select the appropriate intervention to fix the problem . Main Body and Discussion Human Performance Technology (HPT ) is a systematic approach to improving productivity and competence , it is a strategy for solving problems and for realizing opportunities related to the performance of people . It uses a wide range of intervention to improve individual and organizational performance . There are three fundamental processes to go through . There are performance analysis ,cause analysis and intervention selection . It can be applied to individuals , small groups ,and large organizations . Without identified the causes of the issues , the appropriate intervention impossible to created . Learning Commons in Randall Library at the University of North Carolina Wilmington (UNCW) was using HPT model to evaluate employee performance at the service point . First stage of the HPT model calls performance analysis . The â€Å"performance analysis† is to determine if a performance problem exists . A performance analysis includes an organizational analysis , an environmental analysis ,and a gap analysis . The first step in the performance analysis , the organizational analysis , calls for an examination of an organization ‘s vision , mission , values ,goals and strategies . It is important to define the boundaries of the organization before performing this phase in the model . It is useful to examine all departments or offices that closely related to the specific area under examination. The next component of HPT model is environmental analysis . The environmental analysis examines four important factors which are organizational environment, work environment, work, and the worker. In the HPT model, the â€Å"Work Environment† refers to the â€Å"resources, tools, human resources, and policies† of an organization, or in this case, of the Learning Commons. â€Å"Work† is described as â€Å"work flow, procedure, responsibilities, and ergonomics†. â€Å"Worker† refers to the â€Å"knowledge , skill , motivation , expectation and capacity† of an individual . The â€Å"Gap analysis† requires an examination of the actual performance versus the optimal , or desired performance . The information collected through the organizational and environmental analysis . The HPT model shows that the gap falls between the â€Å"Desired workforce performance† and the â€Å"Actual state of workforce performance†. It is important to identify the gaps , then analyze the causes of those gap happens. In Learning Commons , there has a temporary service desk was constructed , new furniture was not yet installed and a formal staff training program was not yet implemented . The performances of Learning Commons service was not optimal and causes a â€Å"gap† between optimal and desired performances . Next is causes analysis . As the HPT model suggests , after the performances gap was identified ,the â€Å"cause analysis† should be completed . The cause analysis can determine why the performance gap exists . Once a cause is identified, one or more interventions can be selected that will be able to close the performance gap . There are some causes for the performances issues . First , data , information and feedback . Initial training and communication of clear roles , responsibilities and expectations were not provided when the Learning Commons initially opened . Second , environment support , resources and tools . Detailed in Learning Commons employee did not exist . The conflict among workers will be happened . Third , consequences , incentives , reward . There were no consequences , incentives or rewards related to performance at the Learning Commons service point . Forth , skill and knowledge . A deficiency in general knowledge of the library services and the role of the librarians at the service point existed among TAC student assistants . Fifth , motivation and expectations . It is unclear what motivates Learning Commons employees and what they expect from themselves . After knowing the causes of the issues , intervention selection , design and development is needed . Closing the performances gap can be done through recommended solutions called interventions. HPT suggests that training is not always the appropriate solution because training will not solve issues related to motivation and expectation . However , an incentives and rewards will address motivation . There are some interventions existed after knowing the causes . There are job description intervention , document and standards intervention , training intervention , performance appraisal intervention . A job description specifically for employment in the Learning Commons would define each position’s duties , responsibilities , working conditions , and job activities , which would help employees understand their own job and the role of the other employees at the Learning Commons services point . Besides that , to remedy problems related to lack of information for job duties and procedures , the recommendation is a documents and standards intervention . The standard operating procedures(SOP) manual would include the job description , expectations , policies , guidelines , and procedures for each position at the service desk . Training intervention is training librarians and TAC students . Training employees would provide expectations for each employee . Performance appraisal intervention show staff that there will be consequences for poor performance and rewards for good performance . On the other hand , feedback should be encouraged in Learning Commons . Positive feedback should be provided and given from all the employees . Negative feedback is also important to correct everyday issues . After implemented all the intervention that suggested, must evaluate their success based on further analysis of performance . In my opinion , HPT is a very good tool to evaluate the individual performance or organizational performance . As we see the problems in Learning Commons , HPT had given a good solution for it in fixing the problem . HPT begins with a comparison of the of the present and the desired levels of individual and organizational performance to identify the performance gap. Once the performance gap and the causes have been determined, the appropriate interventions are designed and developed. These may include measurement and feedback systems, new tools and equipment, compensation and reward systems, selection and placement of employees, and training and development. The interventions are then implemented and the change process managed. After implemented all the intervention , The employees in Learning Commons will clear about their roles , responsibilities . At the same time , The Learning Commons is already providing to be a great resource at UNCW . HPT model must be applied cyclically and systematically over time to evaluate employee performance . However , I do not agree that HPT is always the best tool in solving problem . This is because it might identify wrong data or information during performance analysis . If it is wrong in the beginning of the process , inappropriate intervention might created . This will make the decision maker make the wrong decision . While doing wrong analysis , there might insert a high cost and it’s will be a waste of time if the analysis is wrong . Moreover , HPT has mentioned a few intervention to fix the problems . It’s hard to implement all those intervention at the same time . If cannot implement successfully , the more problem might exists . But if whole process is running smoothly , nonetheless , HPT is a very tool in solving problem . I had compared two models which are HPT model and ADDIE model . The ADDIE model is a systematic instructional design model consisting of five phase which are analysis , design , development ,implementation and evaluation phase . There are a few similarities between HPT model and ADDIE model . They both use process of analysis to look the problem and seek for the solution as well . However , they have a key different between the model . The ADDIE model addresses the â€Å"gaps between desired outcomes or behaviours and the audience’s existing knowledge and skills†. The ADDIE models mainly focus on the individual needs and then design and develop objectives and processes help the individual . Evaluation and implementation do not just happened at the end of the design and development . They are ongoing to inform the designer . So if there any changes, the necessary solution can be made quickly . The HPT model is different because it more focus on the causes of â€Å"performance† gap . The success of the organization is depend on its employees . HPT will look what causes the employees unable to perform the job . HPT’s goal is to increase the bottom line of the company by increasing the individual’s ability to perform the job . In addition , it is important that the HPT is look â€Å" what caused the problem† ,while the ADDIE model looks at â€Å" solving the problem exists † . HPT model design seem to also behaviourist approach because the focus is more changing individual behaviour . The HPT model will look at evaluation of the problem and how it was addressed long after the process . The HPT model has its own advantages . In my view , because HPT model is focused on how the people perform on the job . In my opinion , the workers or the people of the organization is the assets for its organization . So , the performance of the individual affect overall success of the organization . This model takes many variables into the account , that there will affect performance . It humanizes the work place because the individuals are allowed to address their problems. At the same time , it may be necessary to provide training course if the individual unable to perform the work is because of lacking information or unknowledgeable . Beside that , HPT model never ignore the reward or motivation . If they have a good performance , incentive or reward will be given to motivate the employees . Every model has its own disadvantages as well , disadvantage I see is how the technologist ensures lifelong working and the successful using the collected information. Because they wait a while before evaluating. It would seem to me that the worker would want to know immediately if they are doing better so that changes can be made more quickly. Feedback is so important to workers feeling successful and competent. If there is too much focus on negative feedback, it may have a negative impact on the individual. Where as in the ADDIE model, the worker’s deficiencies or the causes problems are not the major focus, and you get feedback at various stages rather than only at the end of the process. If I were a human resource professional in any area , I would use HPT model . As I was also a worker before , I see that would be beneficial for all the subordinates or primary worker . If workers feel supported, they’ll do better than if they’re not supported. It provides a guide to helping individuals be successful in their work. I think someone who feels successful and competent in their work is more likely to suffer less burn out than those individuals who have no one in their corner to mentor or help them solve whatever issue is keeping them from doing their best on the job. I might also use HPT when talking to friends or children about getting jobs and being successful on the job. I can apply it to my own career and be my own trouble shooter as well as look for solutions. This puts a little more power over what I do in my hands because at least I would know that I can change me to help the organization do its job better too. On the other hand , as I mentioned employees are a part of assets of the organization . I think it is the responsibility of the human resource department to choose an appropriate system of performance appraisal . Effective appraisal system motivate the employees all the time rather than joining training . Conclusion In conclusion, HPT model has been described as the systematic and systemic identification and removal of barriers to individual and organizational performance. Nonetheless ,HPT model is an effective tool for uncovering performance issues . The model can be applied to any area in the library where employees must perform and is not limited to public service . In any new service , some performance issues may â€Å" work themselves out† overtime while some may not . In some cases , problems left unidentified or unsolved , it may be quite difficult to fix after an extended period of time . It is same like our daily habit or problems , if a parent identified that a child is beginning to pick up a bad habit , it is certainly easier to change the child’s behaviour when the parent first notices their child’s behaviour . If the parents did not take action to stop their child in the beginning , it is hard to stop their child after maintain a long bad habit . Similarity to any other service , if identify the problems early , then can find out the causes and fix it as fast as possible . The model does require extensive analysis . Without this analysis , a full picture cannot be taken , assumption will be made , and issues or problems cannot be identified . Optimal employee performance is critical in any organization . From the journal , Learning Commons in UNCW is using human performance technology (HPT ) . It is a library . With libraries needing to demonstrate their value and provide assessment data and administration . The HPT model serves as one more useful tool for libraries to accomplish this . I had read a journal , which is about ADDIE model and I had also compared both ADDIE and HPT model . I found that there have many similarities . But when I go deeper for the journal , I found that there is a big differences . ADDIE model focus more on training building program , while in HPT model , training is only one of the tool . HPT model is not only useful in organization , but also useful for every individual . If did not find out the causes properly , a appropriate solution is impossible to created .

Friday, November 15, 2019

Blow and Prozac Nation :: miscellaneous

Blow and Prozac Nation Prozac Nation by Elizabeth Wurtzel is a memoir written about the author’s life of depression, addictions, and her relationships. The author is an extremist when it came to her depression. She would portray her emotions so that everyone knew that she had a problem and for some reason are still there for her. This novel best represents the movie Blow based on the life of George Jung. Jung was also addicted; he was addicted to drugs, money, dealing, and relationships. Which both Elizabeth and George can relate to their addictions and problems they encountered over their lives. Elizabeth is taking medication for her depression, but the pain gets worse and worse as the days go by. â€Å"I’m going up to 102nd st. to get the coke, it will make you feel better.† She is hooked on drugs because all she wants is the pain to go away, and being a young adult in college parting, beer, and drugs are going to be used. That is the last that she needs because like George Jung’s father once told him as a young boy, â€Å"When your up, your up, and when you’re down you never think you’ll be up again but you do. Money isn’t real George.† Meaning when Elizabeth takes those drugs to make her feel better for the time being she takes them to feel better and then she feels even worse. She must stay together because eventually you’ll be back up again. What George’s father told him when he was a boy that stuck with him through his whole life. He dealt drugs and made tons of money but then when he crashed because of his business partner Diego, who stole all of his connects and the inside guys, he lost his wife and his daughter and then he worked his way back up the chain to have his daughter, who he lost because he was in jail, have the same respect for him again that she had so long before that. He did overcome it. Elizabeth try’s the easiest way out of things. She cannot control what she does. She’ll have the loud cry for help without saying the words. Her actions speak so much louder than her words. Elizabeth had never once told someone to help her, she would just be screaming crying throwing a fit on the bathroom floor, almost killing herself.

Tuesday, November 12, 2019

Death and Women in Sadegh Hedayat’s “The Blind Owl” Essay

INTRODUCTION Sadeq Hedayat’s ‘The Blind Owl’ is one of the most important literary works in Persian language. The original Persian text of The Blind Owl, marked â€Å"not for sale in Iran,† appeared as a mimeographed publication in India in 1937. It was assumed at the time that Hedayat feared the repressive rule of Reza Shah; he feared especially that with the publication of this work he might have violated the established norms. He was aware that the propagation of a message that focused on the strangulation of the Iranian people, on the denial of individual human rights, and on the need for individual enlightenment would not remain undetected for ever. The central theme of the story is an attempt toward the resolution of the writer’s dualistic experiences of the real versus unreal, the sensual against the spiritual and death as opposed to life. Underlying his problems are sexual fear, association of women with death (a common theme in literature) and disgust af filiated with death and women. Perhaps no other modern Iranian writer has been claimed by his countrymen more than Sadegh Hedayat has. A tale of one man’s isolation, the novel contains a maze of symbols, recurring images, social commentary, allusions to opium-induced states, contemplations of the human condition, interjections on art, and references to literary and religious texts—all of which have, for decades, made it fertile ground for critical interpretation. The most long-standing theory was espoused by the Iranian Communist Party (Tudeh), with which Hedayat for a time sympathized. The Tudeh’s claim was that the black mood in the book is an allusion to life under Reza Shah, who ruled Iran from 1925 until 1941. But as scholar Homa Katouzian points out in Sadeq Hedayat: The Life and Legend of an Iranian Writer, while Hedayat did oppose the shah’s tyrannical reign, the book is a far more universal statement about alienation. Often compared to the work of Franz Kafka (whom Hedayat admired), The Blind Owl also brings to mind Fernando Pessoa’s The Book of Disquiet in its stark meditation on dejection. ‘â€Å"There are sores which slowly erode the mind in solitude like a kind of canker,† begins the book, and in the pages that ensue we glimpse this solitude, through the narrator’s room, which â€Å"stands upon the ruins of thousands of ancient houses†¦ like a tomb†; through the landscape of â€Å"crouching, accursed trees,† between which there are â€Å"ash-grey houses† where â€Å"no living creature could ever have dwelt†; and through the narrator’s estrangement from the â€Å"rabble-men† who bear â€Å"an expression of greed on their faces, in pursuit of money and sexual satisfaction. An ethereal girl appearing throughout offers hope. She is the image the narrator paints on his pen cases, a vision he falls in love with, and the portrait on an ancient jar, inside â€Å"an almond-shaped panel† (perhaps a reference to a mandorla, an almond-shaped contour found around images of Mary—the almond representi ng virgin birth). But the girl has a â€Å"double nature,† resurfacing as the narrator’s cunning mother, and, later, as his promiscuous wife. SYMBOLISM OF DEATH AND WOMEN IN SADEGH HEDAYAT’S THE BLIND OWL The word manic is important in connection to the story. The narrator wants the ethereal woman to remain in the world of death. Furthermore, she must remain out of touch and not to be seen by others. Later on, when the ethereal woman and the mother image become the same, one realizes why the narrator is so pre-occupied with woman as a focus of the problem of life and death. Mother is the birth giver. The narrator is mystified by the strange psychic state of his mother. The mother withdraws and there is an intense need to find her. The ethereal woman becomes the mother. How could anyone bear a sex encounter with her, to enter her body? Therefore any suggestion of love intimacy with women in the sexual sense must be avoided. For him it is not possible. At this point, sexual love becomes the focus of the collapse of security and of being. A tendency for suicide arises when he believes that a world in which it is not possible to distinguish the reality from the painted appearance is exists. This weariness with life is a symbol of schizoid suicide, which leads into withdrawal into death, into a ghostly world. In the unconscious, the narrator believes that the corruption of relationships through sexual contact brings nothingness. This again indicates the presence of a schizoid element in his mind. A person with a schizoid mind seeks isolation. Union with a woman will not take him into the path of separateness, so he buries the woman. Now he can be free. He is alone but alive. In the process, he is denouncing the â€Å"inferior† half of himself, the woman in him, the part that he fears may corrupt and make him diseased. He expresses the intolerable perplexity of woman as a focus of appearance and reality. But this distrust of women is not misogyny. It is a result of profound pondering of problems of human nature and being. Hedayat’s association of women with death, his inability to deal with realism through the horror of the tragic, and a paranoid attitude accompanying his inability to tolerate and accept his own mortal reality indicates a form of dissociation from reality which serves as a clue to his existence problem. In â€Å"the Blind Owl†, the writer fails to establish existential authenticity and freedom. This is because in his struggle through re-birth, his view of self, others and the world in general is dominated by his rejection of his female elements of being and knowing. Such rejection is mainly due to his schizoid problems, but it is also magnified by the prevailing attitudes toward women in his native country. CONCLUSION To take you inside such a mind in such a brief book is an achievement up there with Poe and Kafka- to perceive the hell of isolation within one’s own head is to show how the narrator’s madness is an endlessly coherent vision of the world. It corresponds to the way that he sees the world- and that vision is not inconsistent or inadequate in its own terms. He functions as a system of epistemology, processing new information, but never progressing and never learning. A feminist critique might stop there- but I don’t think we should- I think there is more to say here about the way he thinks of women and the way that that relates to the way he thinks about truth. The male intellectuals of the period and long after accepting principles of equality and freedom for both the sexes and at the same time growing up with the traditional notions of good, non sexual, virginal woman no doubt would have had problems coping with the new image. They did not know whether to be on their knees to her in reverence to her as the good mother figure, or full of sensual contempt for her as the whore. Ultimately, these men would be in need of her presence or impelled to destroy her. Hedayat would have been no exception. His preference for the spiritual, non-sexual contact with women can also be attributed to his inability to cope with the emergence of the new woman. The female characters therefore may be seen as dramatizations of endopsychic situations, to be understood as attempts to express the writer’s attitudes to women and to his own female element, and to embody these attitudes to the female knowledge in order to deal with problems of identity and being. In turn, his cultural experiences and the masculinity of the society in which he lives also influence such dramatizations. In a masculine society, such as Iran, a great deal of the contemporary culture needs to be explained in terms of the development of modes of false strength, which are based on a certain male dynamic. Where there is a deep insecurity of existence, this male dynamic is employed as a substitute for the female element of â€Å"being†. In these societies reality is normally located in the masculine paradigm, in which all female elements of being and knowing have been eradicated. In these situations, men will have problems accepting their culturally unacceptable and inferior female element. It should also be noted that men of Hedayats’ era, for the first time in the Iranian history, witnessed the transformation of the traditional Iranian women into modern twentieth century women—the kind who joined the ranks of the political parties, rallied, had lovers; had abortions and even bore illegitimate children. They also challenged the bipolar image of women as the virtuous v ersus women as prostitutes. REFRENCES _ Ghotbi, M.I. This is The Blind Owl. Tehran: Tabesh P, 1934. _See :http://assets.cambridge.org/052159/1953/sample/0521591953web.pdf . _ See :The Blind Owl by Sadegh Hedayat , http://www.almaclassics.com/excerpts/blindowl.pdf . _ See : Campbel, J., The Masks of God, Condor Books, London Press, 1973. _ Jung, C.G. 1950, Psychology and literature in The spirit in Man, art and literature Ark Edition Publication, London, 1967. _ 1920, â€Å"Trauma of Birth† ,Dover Publication, 1993. _ The Double ,The university of North Carolina Press 1971, KARNAC, London, 1989. _ See : http://www.angelfire.com/rnb/bashiri/BlindOwl/blindowl.html . _ See : http://therumpus.net/2010/10/why-i-love-sadegh-hedayats-the-blind-owl/. _ The Era of Reza Shah.† Washington: Library of Congress, 1998: . Yarshater, Ehsan, ed. Sadegh Hedayat: An Anthology. _Colorado: Westview P, 1979. _See : http://docs.lib.purdue.edu/clcweb> . _ Mannani, Manijeh. â€Å"Modern Middle Eastern Literature.† Department of Comparative Literature Lecture Series, Department of Comparative Literature, University of Alberta, September 1998. _Rahimieh, Nasrin. â€Å"A Systemic Approach to Modern Persian Prose Fiction.† World Literature Today 63 (1989): 15-19. _Beard, Michael. Hedayat’s Blind Owl as a Western Novel. New Jersey: Princeton UP, 1990. _Fanon, Frantz. The Wretched of the Earth. Trans. Constance Farrington. New York: Grove P, 1963. _ ale Ahmad, Jalal. â€Å"Iranian Education and the University.† Trans. Michael Hillmann. Iranian Society: An Anthology of Writings. By Jalal ale Ahmad. Ed. Michael Hillmann. Kentucky: Mazda Publishers, 1982. 116-21. _ ale Ahmad, Jalal. â€Å"Epilogue.† Trans. Michael Hillmann. Iranian Society: An Anthology of Writing. Jalal ale Ahmad. Ed. Michael Hillmann. Kentucky: Mazda Publishers, 1982. 143-48. _ Yasamine C. Coulter, â€Å"A Comparative Post-Colonial Approa ch to Hedayat’s The Blind Owl†. _ Comparative Literature and Culture 2.3 (2000):

Sunday, November 10, 2019

Practicing Veterinary Medicine

A veterinarian is one who is qualified and authorized to treat diseases and injuries of animals. Veterinarians are employed by wildlife preserves, animal parks, zoos, and aquatic installations. Federal, state, and city governments also yse veterinarians in the research and treatment of animal diseases which may be spread to humans. Veterinary Training includes two to four years of college, plus four years at an approved college of veterinary medicine. A licensing examination must be passed before practicing veterinary medicine. There are about twenty-one veterinary colleges in the United States. About 1,400 people raduate from these colleges every year. These people are skilled in in the prevention, diagnosis, and treatment of animal health problems. There are many different forms of veterinary practice, though 70% limit their practice to small animals or household pets (dogs, cats, birds, etc.. Some veterinarians specialize in farm animals (horses, cows, etc. ) and are said to have a ‘large animal† practice. A veterinarian in a general practice treats all animals. There are also many fields of employment available to veterinary practitioners. These include: research-experimentation with new drugs, therapies, and procedures that will be later ndustry-development of medications, vaccines, and feeds and studying the effect of Armed Forces-inspection of meat, food, and facilities, the study of the effects of space travel on animals, the study of nuclear effects on animals public health-study and prevention of the transmission of diseases from animal to animal or from animal to human, inspection of restaurant food governmental agencies-safeguarding ports of entry into the United States, reporting incidence of disease, epidemic prevention teaching-teaching at colleges and universities zoos and wildlife management-maintenance and reproduction of species in appropriate griculture-prevention and treatment of disease in work/food-producing animals, raising and caring for animals for profit (breeding, etc. ) pets-safeguarding animal and human health through detection and prevention of specialty disease-restriction to a certain speci es (veterinarians who work at racetracks, A veterinary assitant is anyone working for a veterinarian. They may be called veterinary assitants, animal technicians, or animal hospital technicians but all assist veterinarians, scientists, and research workers. Technicians need patience, tact, compassion, and the ability to work and interact well with animals as well as people. As the number of veterinarians increases and the practice grows more and more complex, the need for skilled animal technicians increases greatly. An assitants duties vary with his or her job. In a general private practice, veterinary assitants prepare patients and equipment for surgery, take X-rays, collect specimens, dress wounds, perform lab tests, clean cages and pens, communicate with pet owners, feed patients, answer telephones, schedule appointments, perform clerical duties, and assist in diagnostic and medical procedures. Veterinary assitants may be employed in the same work settings as veterinarians. Other employment opportunities are veterinary clinics, humane societies, zoos, meat packing companies, pharmeceutical companies, feed manufacturers, research facilities, and A veterinary assitant may recieve on-the-job training or have an associate degree from a junior college. Training for an Animal Technician, Registered (A. T. R. ), requires two years. An Associate Degree of Applied Science is issued when the work is completed. For certification, the technician must pass an examination given by the Laboratory Animal Techinician Certification Board, sponsored by the American Association of Laboratory Animal Science (A. A. L. A. S. ).

Friday, November 8, 2019

Advocacy for Diverse Clientele Essay Essays

Advocacy for Diverse Clientele Essay Essays Advocacy for Diverse Clientele Essay Essay Advocacy for Diverse Clientele Essay Essay Covering with the mundane bunco and hustle that life throws at them. Afro-american adult females continue to lift above and stand out while making so. They have been labeled as different. from their parenting manner down to their manner of frock. These adult females have besides been ridiculed. labeled in a negative mode. and even mistreated. For illustration. they have earned lower rewards than Afro-american males and Whites. On the other manus. they have besides been viewed as strong willed persons. For illustrations. they have headed more than 40 per centum of their households while pull offing callings. and raising kids. Afro-american females are heterogenous in footings of individuality. educational degree. and societal category. They are a diverse population trying to lift above the different stereotypes daily. ADVOCACY PROCESSES Advocacy for African American females will take. develop. and educate them in countries to assist them go more cognizant of their strengths. One protagonism organisation is The Coalition of African American Women ( CAAW. 2014 ) . The CAAW is a regional alliance of African American adult females with a end of heightening communities of Color in the Deep South. This organisation portions information on the province of the African American community ; informs and strategizes on how to entree resources to back up community development and Restoration. They besides focus on the authorization. Restoration. and development of black adult females as civic and community leaders. This organisation works to develop the positive facets of the African American adult female. CAAW comes together to link and authorise African American adult females in the Deep South. The National Council of Negro Women leads. develops. and advocators for adult females of African descent as they support their households and communities. They advocate. behavior research. and supply national and community-based wellness. instruction. and economic authorization services and plans to help these adult females ( NCNW. 2014 ) . PUBLIC POLICIES Public policies that have affected attention provided to African American females would be the Civil Rights Movement. Hate Crimes. Voting Rights. and Racism. These concerns affected the race as a whole and doing subjugation. depression. and many extra negative concerns. From this. besides came strength and doggedness. The race as a whole has been able to lift above and travel frontward in a positive way. STRATEGIES FOR WORKING WITH AFRICAN AMERICAN WOMEN In reding African American adult females. issues affecting racial individuality and struggle should be explored. Counselors can assist African American females counteract negative images associated with being Black and being female ; heightening internal strength by developing pride and self-respect in Black muliebrity can function as a buffer to racism and sexism and can forestall the incorporation of negative images into their ain belief systems ( Sue A ; Sue. 2013. p. 374 ) . Counselors should be cognizant of the civilization and familiar with the battles and life events that have taken topographic point for African American females in order to associate. construct resonance. and be helpful to them. Family schemes for working with African American females include researching the possibility of extended or untraditional household agreements. Therefore. inquiries should be directed toward clear uping who is populating in the place and who helps out. Therapists/Counselors should work to beef up and increase functionality of the original household construction instead than try to alter it. One of the strengths of the African American household is that work forces. adult females. and kids are allowed to follow multiple functions within the household ( Sue A ; Sue. 2013. p. 369 ) . Community schemes for working with African American females include religious beliefs. Religious beliefs are of import to many African Americans and function as a protective factor in response to stressors. If a client is to a great extent involved in church activities or has strong spiritual beliefs. the counsellor might see enlisting church leaders to assist the client ( or household ) trade with societal and economic stressors or struggles affecting the household. school. or community. Church forces frequently have enhanced apprehension of the household kineticss and populating conditions of parishioners ( Sue A ; Sue. 2013. p. 370 ) . COMMUNITY RESOURCES There are several community resources presently available for African American adult females to help them with mundane life and concerns that may be taking topographic point in their life. One community resource is Black Mental Health Alliance ( BMHA ) . BMHA is a private non-profit 501 ( C ) 3 organisation which provides preparation. audience. support groups. resource referral. public information. and educational resources sing mental wellness and mental unwellness issues. Extra information can be located at hypertext transfer protocol: //www. blackmentalhealth. com/ . The National Leadership Council ( NLC ) is comprised of persons who portion an involvement in advancing the strengths A ; wellness of African American kids. households. and communities. The group represents an array of positions including consumers A ; household members. instruction. human resource development. nursing. psychopathology A ; psychological science. research. and societal work. The NLC seeks to supply leading in edifice and back uping behavioural wellness systems that cut down disparities and contribute to optimum wellness in our communities. Extra information can be located at hypertext transfer protocol: //nlcouncil. com/about. hypertext markup language. A concluding available resource is the National Alliance on Mental Illness ( NAMI ) . NAMI offers a Multicultural Action Center with African American Resources. This resource provides personal narratives and quotation marks every bit good as of import information on mental unwellness and how it affects the household in a real-world tone. This colourful resource carries the messages to the African Americans that they are non entirely. recovery is possible. and identifies where to happen more information and where to seek aid. Extra information can be located at hypertext transfer protocol: //www. nami. org. History denotes policies that impacted the bringing and handiness of services to African Americans. However. in 1964. the Civil Rights Act banned favoritism. Discrimination was banned. but persons continue to be discriminated against and laden because of the colour of their tegument. how they dress. where they live. and with whom they associate with. Working with diverse population can be really honoring. Meeting different people and larning from their backgrounds can be really enlightening. This interaction can besides be complex in the fact of garnering research and larning different pattern issues. Therefore. counsellors should be culturally competent and develop a wide waking up related to one’s cognition of beliefs. attitudes. and behaviours different from theirs. MentionsBlack Mental Health Alliance. ( n. d. ) Retrieved from hypertext transfer protocol: //www. blackmentalhealth. com/ . Gulf Coast Center for Law and Policy. ( 2014 ) . Alliance of African American Women. Retrieved from hypertext transfer protocol: //www. gcclp. org. National Alliance on Mental Illness ( 2014 ) . Multicultural Action Center. Retrieved from hypertext transfer protocol: //www. nami. org/Content/NavigationMenu/Find_Support/Multicultural_Support/Resources/African_American_Resources. htm. National Council of Negro Women. ( 2014 ) . Retrieved from hypertext transfer protocol: //www. ncnw. org/ . National Leadership Council. ( n. d. ) . African American Behavioral Health. Retrieved from hypertext transfer protocol: //nlcouncil. com/about. hypertext markup language. Sue. D. . A ; Sue. D. ( 2013 ) . Reding the culturally diverse: Theory and Practice ( 6th ed. ) . Hoboken. New jersey: John Wiley A ; Sons. Inc.