Monday, September 30, 2019

Public Policy for Animal Welfare in India

Public Policy for ANIMAL WELFARE in INDIA. Issues, Challenges and Recommendations Submitted by – DR. PUNIT G. (PGP-2), IIMA. ARTICLE 51 of INDIAN CONSTITUTION Article 51 of Indian constitution provides protection to animals in India by ensuring â€Å"Compassion to all living creatures†. For ensuring the same, PREVENTION OF CRUELTY TO ANIMALS act was enacted in 1960 under which the Government of India instituted the ANIMAL WELFARE BOARD of INDIA for carrying out the activities mentioned in the above mentioned act. Following are some of the important points to be discussed in this backdrop: 1.Saving of DOG population from mass killing by local municipal corporations. a. Enforcing the ANIMAL BIRTH CONTROL PROGRAMME throughout India, i. e. replacing mass killing of stray dogs with vaccination & sterilization programmes. 2. Creating SPCA’s (Society for Prevention of Cruelty to Animals), monitoring their activities, and derecognizing those which are non-working or misu sing their mandate. 3. Work towards licensing and taxation of all dog and cat sellers. The report that follows will discuss each issue in the backdrop of the necessity for creating such an article in the act, the relevance in today? time, critical analysis of the policy, any suggestions/recommendations to improve the efficacy for the purpose for which it was put in the first place. ABC program: â€Å"SAVING of DOG POPULATION from MASS KILLING† OVERVIEW: Mass killing of stray dogs was started in India in the 19th century during the times of Britishruled India. Almost 50,000 dogs were killed every year even after Independence by the local municipal authorities with an objective to eradicate RABIES and also reduce the stray dog population in India. But in 1993, finally the government admitted that this policy had een a complete failure as human deaths due to rabies had actually increased, and also the dog population was on a rise. This meant that the application of the technique (mass-killing) which was followed in developed countries, did not work in India (a developing nation) as the two environments and scenarios are hugely different from each other. Hence in 1994, the killing programme was replaced by ABC (Animal Birth Control) which meant masssterilization (with mass-vaccination against rabies) instead of mass-killing. In either case, the final objective of the programme is straight-forward – â€Å"Controlling the population of stray dogs. OBJECTIVE of POPULATION CONTROL program: Rather than understanding the pros and cons of any method, let us first begin by laying out the objectives for any such system to be in place. Here are a few of the possible objectives: 1. Protecting the public health at large (as dogs are carriers/vectors for many diseases, including Rabies) 2. Maintaining community hygiene, especially in the urban context. The reasons for doing so are based on some of the facts and statistics highlighted below: i. ii. India has the highest population of stray dogs in the world, an estimated 19 million. 0% of all rabies deaths world-wide occur in India, about 30,000 deaths reported each year. iii. iv. 42% of dog-bite victims are children Noise pollution caused by night fights between dog-packs is a severe problem for senior citizens. v. Stray dogs on runways have forced pilots to take evasive action, causing near-accidents to aircraft and necessitating orders from the Mumbai High Court to IAAI to take all necessary measures to clear airport areas of stray dogs. UNDERSTANDING THE â€Å"STRAY DOG† ISSUE: â€Å"Stray dogs† are the ownerless, abandoned, un-muzzled, wandering dogs on the urban road, i. . Free-ranging urban dogs (wikipedia). This means either they are ownerless right from their birth, or become ownerless at some point in their lifetime. These may be pure-bred, true mixed-breed, or un-bred (e. g. Indian pariah). Overpopulation of these stray dogs can cause public health problems for the societies in which they wander freely. The important point to be understood here is that – the societies at risk are majorly the URBAN societies. A lot of literature regarding the stray dogs talks in the context of urban landscape only.Hence it is imperative to understand the reason behind strays becoming a nuisance/menace/problem for the urban landscape, but not majorly for the rural landscape. Is it an URBAN MENACE? Stray dogs or the Indian pariahs are considered scavengers. Principally, this means that they live on the scraps or leftovers from the human households. This is not shocking as history tells us that dogs are those descendants from the wolves which got domesticated due to the humans using them in their hunting expeditions, and rewarding them by passing over chunks of meat or leftovers from the kill.This also implies that this particular evolution of the wolf species has been artificially induced by the humankind. This backdrop is essential in the light of the dis cussion ahead, as the SCAVENGER nature or utility feature is a part of the domestication feature during the evolution of the dogs. Since ancient times, dogs domesticated around villages serving two primary functions. These being: A. Sanitation B. Security As dogs used to live off on the scraps and the edible waste from the house-holds, they became scavengers in addition to the other natural scavenger animals (including birds).This also meant that they served as an important step in the maintenance of hygiene of the villages by performing effective waste management. In the urban scenario, such a natural waste management system is of no use as there are better waste management systems at disposal. This led to scarcity in the natural food (leftovers) for dogs, leading to the usual survival phenomena of forming packs and searching for food. Hence, this puts the urban society at risk. But given the open access to garbage (a result of improper waste management) in urban areas of developin g countries, dogs have found a way to live and breed freely.Hence, the resultant has been that the stray dog-population has been on a rise even when mass-killing was in place. So the technique of control is not a problem in first place, but the lack of proper waste management in the urban scenario. This also brings out an important hypothesis – â€Å"Population control measure of any kind is bound to fail in absence of proper urban waste management systems which lead to free-access of these stray animals to waste which acts as their source of food. † Dogs are territorial animals – that means they guard their territory, not just from other dogs but from anyone they perceive as intruders.This is a feature which has been exploited / put to use by the humans for decades of their symbiosis together. But in the urban setting, this utility feature is not put to use at all, except the use of certain breeds of dogs (mainly nonIndian origin) for security/guarding purpose. The innate guarding nature of dogs lead to these strays barking on beggars entering into new territories, attacking speeding vehicles ONLY DURING NIGHT TIMES, etc. An interesting example to prove this case is the instance of a few stray dogs barking on the 26-11 attackers when they landed by a ferry in Mumbai.These strays were continuously barking at those people trying to make the locals aware that they are sensing some deviation from the normal – perhaps sensing a major threat. But the locals chose to ignore this, and the rest is a fateful history. This also brings out an important hypothesis – â€Å"Stray dogs are nuisance in urban settings not because they are not a fit in the urban environment, but because we haven’t been able to tap into their innate abilities and utilize them for maintain the centuriesold symbiosis between the two species. †ANALYSIS/EVALUATION/CRITIQUE OF THE FACTS: i. India has the highest population of stray dogs in the world, a n estimated 19 million. A simple look at this fact makes us think that it is time to control this population. But a deeper understanding of dynamics of dog population will clear a lot of air. Dog populations follow a specific growth curve – the initial being an EXPONENTIAL growth curve, followed by decrease in birth rate and increase in death rate reaching equilibrium depending on the carrying capacity of the environment to keep this balance.The carrying capacity of environment means the availability, distribution and quality of resources (shelter, food and water) which aid the natural growth of dog population. (Jimenez-Coello) This also implies that dog population control measure cannot be seen independent of the factors which impact it. Hence, control on the carrying factors is a pre-requisite for the direct control measures like â€Å"sterilization† to actually succeed. ii. 80% of all rabies deaths world-wide occur in India, about 30,000 deaths reported each year. R abies is a preventable viral disease transmitted through the saliva of INFECTED animals.Dogs are the most common source of transmission to humans. The control measures adopted currently are the â€Å"Vaccination programs† against rabies. Now the efficacy of such a program depends on a lot of factors which involve maintaining the cold storage or cold supply chain of the vaccine, administering the vaccine when the dog is normal health, administering in puppy stage, regular annual vaccination, etc. The question which arises here is how a stray dog, living in open conditions, can be made to confirm to all the above criteria. Hence, the efficacy of this system will always be questionable.Also, a major loophole exists in actual implementation of this measure – the number of dogs vaccinated by any animal welfare organization is simply taken at the face-value by the AWB. Shouldn? t there be a correlation between the population of dogs in a given area, number of dogs vaccinated and number of rabies incidents reported/found? This should be an evaluation criterion to confirm if the organization is efficient in performing the objective of rabies control. iii. Noise pollution caused by night fights between dog-packs is a severe problem for senior citizens.Do dogs bark only when they fight? If yes, do they occur only during the night? Many such questions can be raised to actually test the truth behind this fact. Yes, barking leads to noise pollution, disturbance during night etc. but dogs bark when they feel threatened OR perceive someone to be a threat to their territory. We also need to prepare a report on number of petty thefts (stealing car audio, burglary etc. ) being prevented due to stray dogs barking at night. That would be a valid critique for the above fact. THE SOLUTION (Combination of CONTROL and UTILITY)A unique model which suits a developing nation like INDIA needs to be created for ensuring that the dog population doesn? t actually become a mena ce to the society. A species which has long been living in harmony and symbiosis with the human race since ages, doesn? t mutate into a pest for humans – just because we haven? t found a utility of this domesticated species. Along with ANIMAL BIRTH CONTROL PROGRAM and VACCINATION PROGRAM, a „COLLECTIVE PETTING? methodology is proposed which is as follows: POLICE SYSTEM Aid to curb urban crime (theft, burglary, etc) Search & Rescue assistance during DISASTERS.EDUCATIONAL INSTITUTIONS Involving students in proper care of strays. Development of a broader understanding of urban environmental balance in students. Development of caring attitude for animals in students. – NGO’s Driving force of this entire project VETERINARY HEALTHCARE Preventive Health care system. Market research. Outsourcing of food & medicines for the project. Efficient implementation of the project. – – Main co-ordinator between all the key players. Think-Tank for this entire p roject. – HOUSING SOCIETIES Collective Adoption of Stray dogs. Better security solution. Reduction in menace to the society.

Sunday, September 29, 2019

History and Memory Essay

The interrelationship of history and memory show that each is individually limited- memory presents limited perspective while history presents limited account- this conflicting nature ensures that without considering both we have a less reliable history. This concept is portrayed in the prescribed text â€Å"The fiftieth gate† by Mark Baker that involves an individual’s journey into the past to reconstruct his parent’s experiences. Baker’s explores the idea that both history and memory are essential to validate, illuminate and add emotion and colour to the other in order to ultimately form a true representation of history. Through the study of this text one can come to understand that the ultimate role of history is to find self-identity and unlock the barriers of the past. Memory is shaped by and composed of individual emotions and self-reflections; as a result it is influenced by bias and is highly subjective. Therefore memory only provides one bias and subjective perspective of history, making the representation of history to be less reliable and limited. This is portrayed in the line â€Å"It was cold, winter, we had winter boots on, the ones with money sewn inside. He says it was cold. Winter. But it was warm. Autumn†. Here the use of direct speech engages the audience into Yossl’s situation. The audience is then able to realise that the experiences of fear, torment and paranoia that Yossl went through in the holocaust has shaped and influenced his memory. As a result his perspective of history is less reliable and thus highly limited. This is portrayed in the line â€Å"I remember this exactly like yesterday: there was a church with some hills†¦can you see my legs through there? Here through the use of a narrative device, an interview, Baker engages the audience’s attention through the use of first person language and direct speech. This then conveys the idea that memory is limited in representing history because it is influenced by individual experiences that will change their perspective of history. In addition the spontaneous responses add a personal sense to further emphasize the limitation of memory that it can fail at any time. History is shaped by collective memory, providing a common representation of an event, personality or situation. As a result the representation of history is less reliable because it does not account for the views and perspectives of those that are a minority or have been forgotten. Baker uses a wide range of textual features to communicate to the audience how documented evidence paints a picture of the past. The use of archival documents, letters, school reports, council reports and Yiddish and German lullabies engage the reader but also adds a sense of authencity and historical presence. However through Baker’s self-journey in the book, the audience is able to realise that documented evidence cannot account for all stories, this is especially seen with Genia’s story of the holocaust. This is explored in the line â€Å"does history remember more than memory?†¦ I only recognise suffering in numbers and lists and not in the laments and pleas of a human being, of a mother, screaming for acknowledgment† The use of a rhetorical question builds suspense as the audience realises that the persona has come to a stage of realisation where Baker has understood that memory is just as important as the documented evidence that validates it. Documented evidence is able to validate as well as illuminate memory, while memory adds self-emotions and reflections to fill the gaps of documented evidence. In collaboration they create a more reliable and truthful history. Baker uses archival documents, school reports, lullabies, council reports and letters to illuminate hidden fragments of his parent’s memory. This is shown in the line â€Å"I thrust his report card under his eyes and command him to read. He obeys, like an intimidated school child†¦He smothers an involuntary laugh, hiding the thoughts that lie behind it. † Baker through the use of a simile compares his father to a child. This conveys the idea that the documented evidence has allowed Yossl to step back into his youth and bring forward the significant memories of his past. In addition the use of emotive and descriptive language through â€Å"Laughing† and â€Å"intimidated† creates a warm and personal atmosphere to emphasises the idea to the audience of how memory can add emotions to documented evidence, and thus together to create a more reliable and truthful history. Together both documented evidence and memory allow for an â€Å"exchange of pasts† to create a more reliable, valid and truthful history. Through this Baker has shown the interplay of history and memory. Baker has shown that the importance of the interplay of history and memory is to create a reliable history allowing one to explore the recreation of the past to make sense of who they are, where they are and the journey they have gone through. In â€Å"The fiftieth gate† the journey into the past of his parents has allowed Baker to undergo a self-journey of learning. At first Baker observed the past of his parents with an historian point of view, seeking documented evidence to validate and make true his parent’s memory. However the experiences with the past of his mother, made Baker realise the importance of memory in the representation of history. This is shown in the juxtaposition of the line â€Å"His was a past written on a page of history shared by other survivors. My mother could not point to anyone† with the line â€Å"What are these papers anyway except echoes of the past, dark shadows without screams, without smells, without fear†. The juxtaposition of the lines shows the change in attitude of Baker as he realises the importance of memory in the representation of history. The use of emotive language such as dark shadows† creates a dark atmosphere to emphasise the anger and torment he feels because of his ignorance to listen to his Mother’s story of the holocaust. Baker has used a circular structure to convey the idea that the journey into history and memory is a circular one. This is demonstrated in â€Å"The fiftieth gate† through the repetition of the line â€Å"It always begins in blackness, until the first light illuminates the hidden fragment of memory† at the beginning and end of the book. This conveys the idea that the journey will allow for greater insight and understanding of your past and yourself. This will further inspire a self-journey of change and understanding. This has been shown through the changing attitude of Baker himself in the novel. This is demonstrated through the juxtaposition of the lines â€Å"His was a past written on a page of history shared by other survivors. My mother could not point to anyone† with the line â€Å"What are these papers anyway except echoes of the past, dark shadows without screams, without smells, without fear†. This conveys that at first observed the past of his parents with an historian point of view, seeking documented evidence to validate and make true his parent’s memory. However the experiences with the past of his mother, made Baker realise the importance of memory in the representation of history. The use of emotive language such as dark shadows† creates a dark atmosphere to emphasise the anger and torment he feels because of his ignorance to listen to his Mother’s story of the holocaust.

Saturday, September 28, 2019

Ellingtonia Music Essay Example | Topics and Well Written Essays - 1500 words - 1

Ellingtonia Music - Essay Example The two principles that he applied to his life and which could guide others to achieve success were (a) willingness to learn, and (b) capacity to move with the demand of times. One, who rose from the grassroots level in life, knew the value of success and how to maintain that level, once he reached the top. His upbringing had much to do with the leadership qualities in his professional life that led him to success. John Edward Hasse writes, â€Å" Even before he acquired the nickname â€Å"Duke,† young Ellington was a natural aristocrat—in bearing, manners, taste, dress, and self-confidence. Cultivating airs and graces, and foreshadowing his future relationships with women, he even had his female cousin bow down to him as a sign of respect.†(24)To him, music was the passion and mission of life and not commission. (Meaning earning money for self-aggrandizement, forsaking the business ethics) It was a rare combination of qualities for an artist to be guided by busi ness acumen. He began taking lessons in piano at the age of seven, and by then his family friends had recognized his latent genius in music. Hasse writes, â€Å"When he was seven or eight, attending Garnet Elementary School, his mother signed him for his first formal training in music.†(26)At the age of 18, he entered the music world with a bang, and this was his first master-stroke to make an entry in the business world in relation to music. He issued the biggest advertisement in the telephone yellow pages regarding his aspirations to become a bandleader.

Friday, September 27, 2019

Answer the questions Essay Example | Topics and Well Written Essays - 750 words - 7

Answer the questions - Essay Example Visibility, on the other hand, ensures that a principal maintains a quality contact with both teachers and students and that he is ready to receive opinions from the two parties (OCM Boces, 2013). To lead a school to the type of performance that would guarantee success for the school, I plan to use my skills together with the responsibilities bestowed on me by all stakeholders. Personal skills such as visibility, intellectual stimulation and strong ideals and beliefs should be coupled with the self-drive to undertake the responsibilities of a school leader. Among the most critical responsibilities are recognizing and celebrating accomplishments which acknowledging failures, being a change agent, establishing strong lines of communications, as well as overseeing the development of an institutional culture (OCM Boces, 2013). To guarantee success, I will further require to get directly involved in the formulation and implementation of curriculums and other instruction materials. Ability to establish productive relationships with staff members coupled with accountability in the allocation of resources within the school will further ensure that I am in a pole position to achieve t he schools set goals. One of the principles of school leadership that I learnt during my principal preparation and which I believe will be important to my successful leadership is the importance of establishing a student-centered leadership (Cunningham & Cordeiro, 2006). By doing so, all the resources and energy within the school are geared towards improving the educational outcomes of students. I believe that all successful leaders share several characteristics that make them stand out. Among these characteristics are setting direction, establishing relationships and growing people, developing an institution such that it is geared towards supporting desired practices, overseeing a gradual improvement of an institutions program to match set goals as well as ensuring

Thursday, September 26, 2019

Assessment of English Language Learners Essay Example | Topics and Well Written Essays - 750 words

Assessment of English Language Learners - Essay Example 11). Analysis of our data, for example, showed that elementary children were instructed during the week for an average of twenty-two and a half hours. Student involved classroom assessment is an alternative tool of assessment based on: "student involvement in the assessment process, student-involved record keeping, and student-involved communication" (Stiggins and Chappuis 2005, p. 12). Student-involved classroom assessment ensures that student's achievements are objectively assessed and analyzed by a teacher. Students can be guided toward a real, active respect for an interest in education, extending from secondary education through college and beyond. Apart from narrow educational norms and emphases, other personal characteristics are important for the growth of such a positive outlook. These include a real feeling of self-discipline, understanding of and respect for art and other intellectual achievements of human society, an interest in physical and mental health, and in sound relationships with others, and a sensible perspective on the value and use of leisure. Student-involved record keeping allows students to monitor their achievements and improve them immediately. This assessment tool motivates students to pay more attention to their educational achievements. "As they chart progress, they gain a sense of control over their own learning." (Stiggins and Chappuis 2005, p. 13). It yields an immense variety of designs, characterized not only by self-adaptiveness and a very sparing use of natural resources in their realization but also by two other most significant factors of flexibility: the acceptance of imperfections and the mass production of individuality. Both of these characteristics need to be viewed not as an involution but as an evolution, indeed a revolution, in ability to design flexibly. Student-involved communication is effective tools of assessment because it allows parents to monitor achievements of their children and communicate with teachers and other parents. This techniques motivates students to have "a positive story" and to be responsible for their achievements. If effective and stern judgments cannot always be made, then let us at least use the accreditation process to improve things where possible--this seems to be the conclusion that many have drawn. But this conclusion does not fulfill the objective of accreditation, and, of equal importance, it does not have accreditation doing what the public thinks it should be doing. If the process is to survive, therefore, and if the rapid advance of government in the process of educational evaluation is to be halted, steps must be taken to restore accreditation to the role it is assumed to have--that of evaluating educational institutions, honestly, rigorously, and openly, so that when a person obtains a degree fro m an accredited institution, reality will match expectation (Kyriacon, 2000). The other alternative assessment tools are concentrated on reductions in score gaps and low achievements. Classroom Assessment to Reduce Achievement Gaps helps educators to concentrate on problems appeared during education programs: " (a) focus on clear purposes, (b) provide accurate reflections of achievement, (c) provide students with continuous access to descriptive feedback on improvement in their work (versus infrequent

Wednesday, September 25, 2019

Oslo Peace Initiative Essay Example | Topics and Well Written Essays - 1500 words

Oslo Peace Initiative - Essay Example For the Palestinians, the peace agreement of Israel with Egypt served to increase their desperation. This led to the intensification of struggle by the Palestine Liberation Organization (PLO) under Yassir Arafat. Though the United States entered the scene and made it a personal agenda to restore peace in the Middle East, only limited progress was made in the 1978 Camp David negotiations because of mutual distrust and suspicion between the two parties. Even though this eventually brought about the 1979 Israel-Egypt Peace Treaty, dissatisfaction and stalemate in the situation led to the First Intifadaor the Arab Revolt in 1987-91 in Gaza Strip and West Bank. There was change in leadership in Israel and Yitzhak reversed his nation's stand and tried to negotiate with the PLO and participated in the secret talks in Oslo, Norway (MERIP 2006:3); as the result Israel-PLO Declaration of Principles, was signed in Washington in September 1993, which is otherwise known as the Oslo Accord. Through this PLO recognized Israel and Israel the authority of PLO. It is clear from the above that, suspicion and mistrust ruled high here from the beginning. The main issue of contention was not one of religion, but more an issue of home-land. The Palestinians needed more areas for their large population, who had lost their homes during the wars and were living as refugees elsewhere. In one estimate their numbers were close to three million (MERIP 2006: 6). The entitlement status to be given to the Palestinians and the treatment of Israeli settlements (Israel evacuated all Israelites from the West Bank and Gaza Strip over the next few years) were other significantly unresolved issues that led to frustration. Rights to the Jordan River waters, on which was another important reason for animosity. Finally, Jerusalem with its historical places of worship was also a point of dispute, with both sides refusing to give up claim (Mideastweb 2006:1). While the Israelites consider Jerusalem as their "eternal capital" ((MERIP 2006:8), Arabs also want it as their capital because of its association with Prophet Mohammed. According to some, in first place the agreement itself was "deeply flawed" because it did not find many takers in the Arab nations (MERIP 2006:3). Importantly, the accord did not find support amongst the radical Islamist leaders in the two strategic places of Gaza Strip and West Bank. The infighting in the Palestinian camp, spurts of violence of the HAMAS and Jihad, ensured that the Oslo Peace Initiative was hardly allowed a chance. Israel did not want to allow the return of Palestinian refugees because it would undermine their majority status and reduce their population. In a nutshell, after the Oslo Peace Accord More than seven years have gone by and Israel has security and administrative control of 61.2% of the West Bank and about 20% of the Gaza Strip and security control over another 26.8% of the West Bank. This control is what has enabled Israel to double the number of settlers in 10 years..and to seal an entire nation into restricted areas, imprisoned in a network of bypass roads meant for Jews only... (ifAmericansknew.com 2006) Why is there conflict between the two peoples (now) still in 2007! To a keen observer, it may be clear that there are no easy solutions to a problem of this

Tuesday, September 24, 2019

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

Mcl restaurant - Research Paper Example Top-level managers giving instruction to their immediate subordinates what is referred to as a chain of command characterizes this organization structure. In this line organization structure, the managers can also delegate part of their functions to their subordinates while remaining responsible for their actions. Decentralization is further embraced in the line structure whereby there are managers responsible for the various departments of the restaurant. MCL organization follows a function wise department in which similar tasks are brought together. This kind of departmentalization is a reflection of the functions of the organization, follows the principles of specialization, and promotes control by the top managers. Task oriented departmentalization is also simple to understand in addition to the improvement in efficiency in the business. Functional departmentalization ensures easier communication and eradicates duplication of functions. However, functional departmentalization causes the risk of overspecialization and concentration on the departmental objectives rather than the general organizations goals (Griffin & Moorehead 78). This may hamper the realization of the overall objectives of the business. It might also be characterized by communication breakdown between the organizations different functions. MCL organization structure supports its strategy by promoting efficient communication, determines the execution of roles with the aim of ensuring organizations success. The structure also makes the organization respond to the changes in the environment and pursue new ways of achieving objectives. Moreover, the structure defines how work is done and coordinated hence eradicating

Monday, September 23, 2019

Marketing process and planning Essay Example | Topics and Well Written Essays - 1000 words

Marketing process and planning - Essay Example However, due to a variety of other games, Anki drive will be affected by the elasticity of demand. The prices are likely to go down since there are many competitors in the market. The product will only be limited to the Apple users in the UK. This might affect the market share of the product if there are only few people who use the Apple gadgets. In addition, considering the Apple products are expensive, they might limit the usage Anki Drive. Anki Drive would have had a bigger market share if it would have been launched in other smart phones apart from Apple phones. On the other hand, there will be a high competition from other games that can use all type of smart phones, which will be likely to beat Anki Drive in the market share. Anki Drive has a particular segment in the market. Being a car racing game, most youths will prefer the game because most of them love cars. However, the game can only be supported by Apple iOS devices. Therefore, only the iPhone and iPad users will have access to the game. Most youths in the current generation prefer to use these devices because of their unique features and the improved technology. This is the reason the company decided to chose these devices for Anki Drive. The UK and the US has a lot of youths who are gamers. Thus, the market was segmented mostly for these youths where it will provide a unique and entertaining way to play games. Youths will always show interest in new pattern of games, and that is why Anki Drive is in the market (KOTLER, 2013).   As said earlier, Anki Drive is mostly targeted to the youths and the users of Apple products. Thus, the company is going to use concentrated marketing strategy in marketing this video game. In a concentrated marketing strategy, a company targets only one major group of customers to deliver its products. Having explored the market trends for other games, youths were

Sunday, September 22, 2019

Management Challenges and Concerns Report Essay Example for Free

Management Challenges and Concerns Report Essay The purpose of the Management Challenges and Concerns Report is to indicate the responsibilities of management and how to meet or exceed company goals. This report includes details of management challenges within a company. In addition, this report specifies possible causes and solutions to internal issues at work. This report shall prove how strategic planning, goals, productivity, and evaluating issues play a significant role in solving issues in human resource management entities. Some of the responsibilities of human resource management consist of providing employees with information on the company’s vision, goal, HIPPA privacy rights, and mission statement. In addition, employees receive information on safety rules, insurance benefits, compensation, employee relations, training, and orientation classes. These responsibilities are significant and require patience along with strong leaders. Human Resource Managers has to acquire a bachelor’s or master’s degree in management, management classes, and pass test. Also human resource management requires the following characteristics: positive, consistent, prompt, role model, team player, and strong leaders. Performance Management consist of appraisal system, driving appraisal process, evaluating employee performance, and performance counseling (Brewster Soderstrom, 1994). Internal issues pertaining to employees consist of productivity, abiding by company rules, safety, passing training classes, and positive work ethics. Human Resource Management has rules and regulations in the company handbook to ensure consistency at work. These rules and regulations set the pace for a productive and professional workplace environment for employees and management. Internal issues may arise; however it is human resource management responsibility to solve any issues before any escalate. Employee Relations play an important role in solving internal issues by evaluation and resolution. Employee Relations consist of the following duties: grievance handling, discipline management, managing absenteeism, managing attrition, and employee termination (Brewster Larsen, 2000). Strategic planning is vital because it provides a forecast for the company to follow in efforts to exceed goals and gain a competitive advantage. Goals and productivity shall be reasonable and achievable by following rules and the company mission statement. Management shall evaluate and solve internal issues with good decision-making and by the company handbook accordingly. In conclusion, this report specifies the responsibilities of human resource management in thorough details. The elements of solving internal issues consist of following strategic plans, goals, rules, and mission statement. As a result, the company shall gain a professional workplace environment, productivity, and competitive advantage. This report proves that following strategic plans and enforcing company guidelines are the foundation to positive work ethics and suceess. Reference Brewster, C., Larsen, H. H. (2000). Human Resource Management in Europe: The Role of the Line. Human Resource Management in Northern Europe: Trends, Dilemmas and Strategy, Oxford, Blackwells . Brewster, C., Soderstrom, M. (1994). Human Resource and Line Management. Policy and Practice in European Resource Management, London, Rourledge .

Saturday, September 21, 2019

Labor markets Essay Example for Free

Labor markets Essay Low wages in developing countries has prompted textile-manufacturers to migrate their operations from high wage countries. High wage countries who are also often more developed have also benefited by better product prices and the development of their labor markets to become specialized and technical. However, this has also severely reduced the number of jobs available particularly for skilled labor markets. Palley (2006) reflects that an amplification of such a scenario results in high wage markets to lose buying power and labor surplus will shift power from workers to the extent of overwhelm workers’ welfare. Another issue that has gained concern is the issue of labor exploitation. Seyoum (2007) believes that in the rush to establish transnational operations by companies in low wage developing countries and the eagerness of the se countries for businesses to boost the economy, the issue of welfare, working conditions and labor issues was not fully addressed. The inclusion of labor regulations in international trade agreements can address the issues effectively but there are significant challenges in enforcing and monitoring work standards within and across trade agreements. The liberalization of trade has allowed for greater opportunities in importing and exporting. It has increased product options, supply and distribution channels as well as skills that can be utilized to create and market products. However, this has also created greater challenges for retailers since more products are available creating the possibility of price wars and shifting power to buyers. Therefore, retail marketers have to devote greater effort in establishing product differentiation and loyalty. Despite the gravity of the issue, Palley (2006) points out that the general public has no significant opinion regarding where their clothes are manufactured that influences their buying habits. However, this does not mean that they have no awareness of the issues that involve transnational manufacturing, importing, exporting and labor issues. A survey of opinions suggested that a significant number of people have concerns about the impact to labor markets rather on the clothing product itself: price remains to a primary motivation. Many suggest that existing trends and issues are part of the adjustments necessary in establishing globalization. References Seyoum, Belay (2007). Trade liberalization and patterns of strategic adjustment in the US textiles and clothing industry. International Business Review, Volume 16, Issue 1, February. pp 109-135 Palley, Thomas I. (2006). Thinking Outside the Box about Trade, Development, and Poverty Reduction. Economics For Democratic And Open Societies, Project, Policy Paper #1. Washington DC: Economics for Democratic and Open Societies Project.

Friday, September 20, 2019

Causes and Consequences of Increased Intracranial Pressure

Causes and Consequences of Increased Intracranial Pressure CONSEQUENCES OF INCREASED INTRACRANIAL PRESSURE What is the Intracranial Pressure? Intracranial Pressure (ICP) is the hydrostatic pressure of the cerebrospinal fluid (CSF) in the subarachnoid space [4]. Cerebrospinal fluid is a watery fluid circulating in the subarachnoid space surrounding the brain and the spinal cord. This fluid is synthesized by the choroid plexus in cerebral ventricles and it is absorbed by the arachnoid granulations into the venous sinus system. So the CSF is the surrounding nature of the brain. Increased intracranial pressure Normal values for intracranial pressure are varying with age. Normal values for adults and older children are 10 to 15 mmHg, 3 to 7 mmHg for young children and 1.5 to 6 mmHg for term infants. ICP may be sub atmospheric in newborns [5]. Commonly 5 to 15 mmHg (7.5 to 20 cm H2O) is concerned to be normal adult ICP value [5]. 20 to 30 mmHg values are concerned as mild intracranial hypertensions but 20 to 25 mmHg values requires treatments and values more than 40 mmHg are severe life threatening situations [5]. Causes for increased intracranial  Pressure Increased intracranial pressure can be developed either by an increase in the pressure in CSF or by a space occupying lesion (such as brain tumors, bleeding in the brain, fluid surrounding the brain or swelling of the brain tissue. But in some situations those two types of reasons can be interrelated with each other. (e.g.: When the brain is swelling, its vasculature becomes compressed and this may lead to increase ICP. There is a concept called Monroe Kellie Doctrine. According to that hypothesis, skull is an enclosed rigid structure containing no compressive structures such as brain, blood and CSF. So an increase in one constituent or an expanding of one of them results in an increase in the intracranial pressure [6] Pg.76. Intracranial = Brain + CSF + Blood + Mass lesion Volume volumevolume volume volume But in infants, in the case of their skulls are not completely ossified, their skulls are some kind of incompatible with this hypothesis. According to that hypothesis an expanding mass, an increase in brain water content , an increase in cerebral blood volume (by vasodilation or venous outflow obstruction) or increase in CSF are the factors for an increase in intracranial pressure [6] Pg.76. However there are some compensatory mechanisms for regulating intracranial pressure increases [6] Pg.76. Immediate actions 1.Decrease of CSF volume (CSF outflow to the lumbar theca. 2. Decrease of cerebral blood volume. Delayed actions Decrease of extra cellular fluid. There are number of causes responsible for increased intracranial pressure. They may be either occurring individually or in combination with others. Primary causes for increased ICP[7,8,9] This is also called as Intracranial Causes. They occur within the cranium. Brain tumor – Tumors lead to increase in brain volume. So according to the Monroe Kellie doctrine ICP increased. Trauma – There are various types of head injuries. They can be close or open (penetrating) injuries. It can be lead to concussion (shaking of the brain as a result of trauma), scalp injuries, skull fractures. Those traumas may cause to bleeding within the brain tissue or bleeding in the layers that surrounds the brain. There are three types of bleedings occurring in the layers surround the brain. Subarachnoid hemorrhage – bleeding into the subarachnoid space. Subdural hematoma – bleeding into the subdural space Extradural hematoma – Bleeding into the epidural space. All those types of bleedings cause in increasing ICP. Non traumatic intra cerebral hemorrhage – These hemorrhages can occur by aneurysm of cerebral arteries in the brain. Aneurysms are localized excessive swellings of an arterial wall. So they have more potential to rupture and this leads to subarachnoid hemorrhage. Ischemic stroke – Stroke (or Brain Attack) is the death of brain cells due to an inadequate blood flow [4].So in strokes, as a response to the brain cell death, brain swelling occurs. Hydrocephalus – Hydrocephalus is an increase in CSF volume. Cerebrospinal fluid is secreted by the choroid plexus of the lateral, third and fourth ventricles and flows in a caudal direction and enters the sub arachnoid space through the foramina of Lushka and Magendie. At the end of the circulation absorb into the arachnoid granulations. Rate of formation CSF usually is about 500ml/day. Hydrocephalus occurs commonly due to impaired absorption and rarely by excessive secretion. There are two types of hydrocephalus, Obstructive hydrocephalus – Obstruction of the CSF flow within the ventricular system. Communicating hydrocephalus – Obstruction of the CSF flow outside the ventricular system. Increased intracranial pressure can be seen as a direct effect of hydrocephalus. Idiopathic (benign) intracranial hypertension [6] Pg. 363 – This term means an increase in intracranial pressure without any mass lesion or hydrocephalus. Some clearly identified causal links (e.g.: venous outflow obstruction to CSF absorption) or obscured causal links (e.g.: diet, endocrine, hematological, drugs) cause for that. Other causes – Pseudotumorcerebri, pneumocephalus, abscess, cyst. 2. Secondary causes for increased ICP These are also called as extra cranial causes. So it is caused by extra cranial factors. Examples include, Airway obstruction Hypertension or hypotension Hypoxia or hypercarbia Posture Seizures Hyperpyrexia Drugs Other (High altitude, cerebral edema, hepatic failure ) 3. Post-operative causes for increased ICP This type of intracranial hypertension may occur after a neurosurgical procedure. Mass lesion/hematoma/edema An increase of cerebral blood volume by vasodilation. Disturbances of CSF flow. Clinical symptoms appear with increased intracranial pressure [11, 12] Headache [11] Papilledema – This is the swelling of the optic nerve occur most of times as a result of increased intracranial pressure [10]. Projectile vomiting – This is a vomiting without nausea. Increased blood pressure Double vision Pupils do not respond to changes in light Visual field abnormality – Loss of peripheral and inferior nasal visions. Seizure or convulsions Neurological problems include balance issues, numbness and tingling, memory loss, paralysis, slurred or garbled speech or inability to talk. COMA Stiff neck – Neck becomes mostly stiff and painful. Some researchers says the reason for that is the stretching of the spinal nerve sheaths where they exit the spinal cord by the pressure passing down from the brain [10]. Pain in the arms Loss of consciousness Back pain Shallow breathing In addition to those symptoms, in infants can be seen following [12], Separated sutures on the skull Bulging fontanellae Not feeding or responding normally Consequences of increased intracranial pressure Intracranial hypertension is involved with the pressure in the skull or in another words, the pressure around the brain and the spinal cord. Therefore increased intracranial pressure becomes a life threatening situation. There are some possibilities or consequences of increased intracranial pressure involved. These complications can be categorized into different topics such as Displacement effects, Hydrocephalus, complications in cerebral perfusion, seizures. Displacement effects [5,3,6 pg. 76-80] The cranial cavity is divided into compartments, separated by dural folds called falx cerebri and tentorium cerebelli. These folds limit brain structures within those compartments, but due to a space occupying lesion, pressure gradients occur in between these compartments. As a result brain shifts and herniation occur. This herniation can be categorized into two subjects, Supratentorial herniation (uncal, central, cingulate, transclaviral) Infratentorial herniation (upward, tonsillar) Supratentorial herniation Subfalcine herniation – In this case the cingulate gyrus is pushed laterally away from the expanding mass (like hematoma) beneath the falx cerebri. This may interfere with blood vessels in the frontal lobes which are placed at the site of injury. This may cause intracranial bleeding and severe rise in intracranial pressure and more dangerous types of herniation. Symptoms are not clear related to this herniation but usually present with abnormal posturing and coma. This type of herniation can be a precursor to other types of herniation. Uncal (transtentorial, uncinate, mesial temporal) herniation – This is the herniation of the Uncas in medial temporal lobe from the middle cranial pressure into the posterior cranial fossa into the posterior cranial fossa across the tentorial opening. So the Uncas of the temporal lobe is forced into the gap between the midbrain and the edge of the tentorium. There are main possible complications of this herniation, Compression of cranial nerve (III) – In the case of herniation, ipsilateral occulomotor nerve may compress as it passes between the posterior and superior cerebellar arteries. In initial states ipsilateral dilation of pupil (do not respond to light) can be seen as the first clinical sign because the parasympathetic fibers are placed outside the nerve, which are getting paralyzed first during the compression. After that as the herniation improving moreover the contralateral pupil may also dilated and further compression of the nerve may lead to interfere with the somatic supply of extra ocular muscles (except lateral rectus which is supplied by abducent nerve and the superior oblique which is supplied by trochlear nerve) causing the deviation of the eye to downwards and outwards. Compression of the midbrain cerebral peduncles – Commonly the ipsilateral cerebral peduncle gets compressed showing contralateral hemiparesis or hemiplegia. Since the herniation displaces the midbrain laterally, the contralateral cerebral peduncle gets compressed against the edge of the tentorium cerebelli resulting ipsilateral hemiparesis or hemiplegia (when it happens alone) or quadriplegia (when both cerebral peduncles are compressed. Compression of the posterior cerebral artery – Posterior cerebral artery or its branches may be compressed against the free edge of the tentorium cerebelli causes hemorrhagic infraction on the medial and inferior sites of the ipsilateral occipital lobe. The lesion may often confine to the posterior cerebral artery, leading to homonymous heminospia. If the occipital lobe lesions are bilateral, cortical blindness is a clinical sign (patient may not understand visual images, but pupillary reflexes are intact) Compression of the brain stem – Compression of the brainstem may low in the midbrain and may gradually increase caudally. As a result patient will become comatose and develop cardiac and respiratory changes. There are two types of events mainly occurring during the brainstem compression. Secondary brainstem hemorrhages (Duret hemorrhages) – Due to the compression and stretching of vessels (especially veins) these hemorrhages occur. Death may ensure due to the direct destruction of the pons and midbrain. Changes in respiratory, postural and occulomotor actions – These changes occur due to the compression transmitting downwards from the midbrain. Finally as a result of damage to the medulla leads to slow irregular respiratory movements, irregular pulse and falling of blood pressure, as well as death is due to the respiratory arrest. Central herniation – This is due to a supratententorial space occupying lesion and downward displacement of brainstem and diencephalon. Progressive decline in neurological status so called Rostrocaudal Detoriation (or Rostrocaudal Decompensation) can be seen in this situation. Lesions located medially or within the frontal pole will not compress the midbrain and diencephalon laterally and they straight to Rostrocaudaly dysfunction of the brainstem leading bilateral progression of impairment. Herniation may stretch the branches of the basilar (pontine) arteries and tear them generating Duret hemorrhage, usually causes to death because of the infraction of the midbrain and the pons. Clinical signs initiating with changes in consciousness start with reducing alertness leads to drowsiness, stupor and finally coma. There are list of incidents occur with central herniation and their related causes. Respiratory changes due to various sites of lesions Site of lesion Respiratory pattern Diencephalon Chyne-Stokes respiration Midbrain Central neurogenic hyperventilation Pons Apneustic respiration Medulla Ataxic respiration Changes in postural reflexes Decorticate Rigidity – Sign of leg extension and arm flexion caused by widespread lesions in the cerebral cortex. Decerebrate rigidity –sign of extension of both arms and legs due to the lesions disconnecting cerebral hemispheres from the brainstem(e.g. Upper midbrain lesions) Pupillary changes – Studying those pupillary changes in comatose patients may helpful in revealing the general location of lesions. Small reactive pupils – Compression of the diencephalon impairs sympathetic nerve fibers originate there and these impairment affects the sympathetic dilation of pupil straight to constricted small pupils. Dilated fixed – Compression of one cranial nerve (iii) by the uncus compressing parasympathetic fibers travelling outside the nerve and this impairment of parasympathetic supply causes to dilate the pupil of the same side and loss of reaction to the light changes in that pupil. Midposition fixed – Bilateral compression of both occulomotor nerves or compression of the midbrain results in impairment of both parasympathetic and sympathetic fibers in both sides travelling to the pupil and as a result pupils come in to a midposition and are non-responsive to light fluctuations. Ocular movements – Pathways for ocular reflexes are localized in the brain stem, so that they are useful in testing pathways in comatose patients. Abducent and contralateral occulomotor nuclei are connected by the Medial Longitudinal Fasciculus (MLF) to produce conjugate deviation of the eyes. Caloric stimulation or oculovestibular reflex is, when water put into ear, a passive head turning occurs. Usually the occulomotor responses to that stimulation also in a similar way producing oculocephalic reflex or Doll’s eye movements. This eye movement does not occur in conscious patients because their pupil will stay looking straight ahead in front of the face when the head is turned, so this can be only seen in comatose patients. When a comatose patient shows the oculocephalic reflex, his brainstem is intact (Both eyes are deviated into the same sides opposite to the head movement, when the patient’s head is turning side to side. The eyelids must open and hold to observe the deviation of eyes). But if the MLF is affected the eyes will not move towards the same side. But to show these results CN III should intact. Extracranial/Transcalvarial herniation – This is the herniation of the brain through an opening in the cranial cavity formed by trauma or at a surgical site. Infratentorial herniation Tonsillar herniation [6] pg.: 79 – This is the downward herniation of the cerebellar tonsils through the foramen magnum. Usually caused by posterior cranial fossa mass lesion. But also can be due to a midline Supratentorial mass or as a result of edema. In that case the compression of the medulla leads to a depression of the vital centers for respiration and cardiac rhythm control. Sudden cardiorespiratory arrest or a slow progression over a day or two may be manifested as clinical symptoms. Upward/Cerebellar herniation [5] – Increased pressure in the posterior cranial fossa leads to upward movement of the cerebellum through tentorial opening. Midline shift of the brain Midline shift is the shifting of the brain from its center line [1]. This is a direct result of increased intracranial pressure and can be occurred by traumatic brain injury, stroke, hematoma, or birth deformities. So midline shift can be used as an indicator of ICP and a midline shift of over 5mm indicates an immediate surgery [1]. There are 3 structures mainly investigating in a midline shift. They are septum pellucidum (between right and left ventricles), third ventricle and the pineal gland [2]. The degrees of displacement of these structures are aided in determining the severity of the shift. Interaction with cerebral blood flow There is a connection between cerebral perfusion pressure (CPP), mean systemic arterial pressure (MAP) and Intracranial pressure (ICP) as follows [5]. CPP = MAP – ICP As the CPP is the driver of the cerebral perfusion, cerebral blood flow is determined by both MAP and ICP. Therefore CPP can be reduced by an increase of ICP or a decrease of MAP. However the brain can auto regulate the cerebral blood flow through an auto regulatory process in 50 to 150 mmHg CPP range. But below 50 mmHg CPP values the brain can’t compensate and cerebral blood flow and cerebral perfusion pressure decreased. Seizures This is a sudden electrical activity of brain [7]. Most of the time acute increased intracranial pressure may cause for trigger a seizure [3]. References [1] Gruen P (May 2002) â€Å"Surgical management of head trauma†. Neuroimaging Clinics of North America 12 Pg.339-43 [2]Xiao,Furen,Chiang,Wong,Tosai,Hung,Liao(2011) â€Å"Automatic measurement of midline shift on deformed brains using multire solution binate level set method and Hough transform†. Computers in biology and medicine journal 41 Pg.756-762 [3]Principles of neurology Raymond D Adams Maurice victor.2nd edition. [4] www.medical –dictionarythefreedictionary.com [5]Neuroclin. May 2008:26(2):521-541. â€Å"Management of intracranial hypertension† Lonero Rangel Castillo (MD), Shankar Gopinath (MD) and Claudias Robertson (MD) via www.ncbi.nlm.nih.gov/pmc/articles/pmc 2452989 #R4 [6] â€Å"Neurology and neurosurgery illustrated† by Kenneth W Lindsay [7]www.bja.oxfordjournals.org/conten/90/1/39.long [8] Friedman DI Medication-Induced Intracranial hypertension in dermatology A M J clin Dermatology 2005 29-37 via PubMed [9]Jacob S Rajabally Y A. intracranial Hypertension induced by rofecoxib. Headache 2005 75-76 via PubMed [10]Digre K warner J â€Å"Is vitamin A implicated in the pathophysiology of increased intracranial pressure? Neurology 2005 64, 1827 via PubMed [11]www.healthline.com [12]PubMed health â€Å"Increased intracranial pressure† www.ncbi.nlm.nih.gov/pubmedhealth/pmh0001797/

Thursday, September 19, 2019

Architecture, Principle, and Culture: The Universal Value for Which Sta

Stanford University is a private research university located in Stanford, CA at geographical coordinates 37.43Â ° N, 122.17Â ° W. Erected in 1891 in memory of the founders’ son, Leland Stanford Junior, The Stanford University campus combines Romanesque, neoclassic and Mission Revival architectural styles on its buildings, with red tile roofs, sandstone walls, and beautiful aesthetic decorative details. Its architectural landmarks, for example, the Main Quad and Memorial Church, are representative of many eras of culture and technological advancement in the United States. Its physical and symbolic aspects make it a universally valuable site like no other. Stanford University is a site of outstanding universal value because of its architecture, which is representative of many eras of historic technological innovation physically as well as symbolically. Stanford’s Main Quad is a brilliant exhibit of architecture that reveals influences from important eras in European architecture yet maintains a Romanesque, mission revival theme that is also prevalent throughout campus. In addition to this, Stanford maintains a commitment to academic advancement and excellence. A place of such physical and intellectual prowess merits outstanding universal value. The campus meets criteria (i), (ii), and (iv): its architecture is representative of creative human genius, is a testimony to the cultural tradition of the United States, and illustrates significant states in human history in the United States, while its intangible aspects exhibits an interchange of human values over the span of more than a century. Both its authenticity and integrity a re attributed to the fact that the campus maintains a culture representative of the entire World. Stanford is... ...f sites such as these, we may lose the opportunity for preservation altogether in the future. We need to preserve the Stanford campus now in order to protect the legacy for which it stands. Works Cited "Canterbury Cathedral, St Augustine's Abbey, and St Martin's Church." UNESCO World Heritage Centre. UNESCO. Web. 31 Jan. 2012. . The Founding Grant; with Amendments, Legislation, and Court Decrees. [Stanford, Calif.]: Stanford University, 1971. Web. . Joncas, Richard, David J. Neuman, and Paul Venable. Turner. Stanford University. New York: Princeton Architectural, 2006. Print. "Monticello and the University of Virginia in Charlottesville." UNESCO World Heritage Centre. UNESCO. Web. 31 Jan. 2012. .

Wednesday, September 18, 2019

An Uplifting Church Experience :: Biography Biographies Essays

An Uplifting Church Experience As my friend Jenni and I entered the hall of the big church, a feeling of apprehension overwhelmed us. Our feelings were soon comforted when we entered a sea of smiling faces and outstretched hands. A sense of belonging engulfed us. Ms. Shirley, an older colored woman was first to extend her arms. She did not know us from Adam, but it did not matter. She threw her arms around us. "You girls have the prettiest smiles", she declared. "I am so glad you came to be with us this morning." Words can not describe what the act of kindness did to our feelings of apprehension, and that was just the beginning. The second parishoner to show her gratitude was another older women. She was wearing a flowered dress with a big floppy hat. She asked that we sign the official guest book and requested that we fill out an information card. She had a smile and a heart each made of pure gold. She took great pride in her job. The church had named her "the greeter" over 21 years ago, and according to her version of the story she had not missed a Sunday yet. We took our cards and moved into the sanctuary. It was magnificent. The first thing to catch my eye was a monstrous chandelier that hung from the 50 foot ceiling. It was awe inspiring. As my eyes surveyed the room, it was hard to miss the antique maple pews that provided seats for approximately 300 people. Plush emerald green carpet was the grounding to the room. It's path led directly up to the stage which was home to a variety of items. The band, pulpit, arid baptismal were the most obvious. Above the stage was a huge dome, it was colored in shades of blue, mauve, white, and several other soft accents. A bright light was right in the center of its point. Our gazing was soon interrupted when the official greeter returned. This time she was quick and to the point. She collected our cards and informed us that service was about to begin. Within a matter of minutes, a middle-aged man stepped up to the pulpit and asked us to stand. Brother Terry, lead us in a quick prayer to open the morning's service. The band was already in position and a worship team was waiting in the wings. An Uplifting Church Experience :: Biography Biographies Essays An Uplifting Church Experience As my friend Jenni and I entered the hall of the big church, a feeling of apprehension overwhelmed us. Our feelings were soon comforted when we entered a sea of smiling faces and outstretched hands. A sense of belonging engulfed us. Ms. Shirley, an older colored woman was first to extend her arms. She did not know us from Adam, but it did not matter. She threw her arms around us. "You girls have the prettiest smiles", she declared. "I am so glad you came to be with us this morning." Words can not describe what the act of kindness did to our feelings of apprehension, and that was just the beginning. The second parishoner to show her gratitude was another older women. She was wearing a flowered dress with a big floppy hat. She asked that we sign the official guest book and requested that we fill out an information card. She had a smile and a heart each made of pure gold. She took great pride in her job. The church had named her "the greeter" over 21 years ago, and according to her version of the story she had not missed a Sunday yet. We took our cards and moved into the sanctuary. It was magnificent. The first thing to catch my eye was a monstrous chandelier that hung from the 50 foot ceiling. It was awe inspiring. As my eyes surveyed the room, it was hard to miss the antique maple pews that provided seats for approximately 300 people. Plush emerald green carpet was the grounding to the room. It's path led directly up to the stage which was home to a variety of items. The band, pulpit, arid baptismal were the most obvious. Above the stage was a huge dome, it was colored in shades of blue, mauve, white, and several other soft accents. A bright light was right in the center of its point. Our gazing was soon interrupted when the official greeter returned. This time she was quick and to the point. She collected our cards and informed us that service was about to begin. Within a matter of minutes, a middle-aged man stepped up to the pulpit and asked us to stand. Brother Terry, lead us in a quick prayer to open the morning's service. The band was already in position and a worship team was waiting in the wings.

Tuesday, September 17, 2019

Enron

The Enron scandal has far-reaching political and financial implications. In just 15 years, Enron grew from nowhere to be America's seventh largest company, employing 21,000 staff in more than 40 countries. But the firm's success turned out to have involved an elaborate scam. Enron lied about its profits and stands accused of a range of shady dealings, including concealing debts so they didn't show up in the company's accounts. As the depth of the deception unfolded, investors and creditors retreated, forcing the firm into Chapter 11 bankruptcy in December. More than six months after a criminal inquiry was announced, the guilty parties have still not been brought to justice. Leaders Leadership is critical to the creation and maintenance of culture; there is a constant interplay between culture and leadership. Leaders create the mechanisms for cultural embedding and reinforcement. Cultural norms arise and change because of what leaders tend to focus their attention on, their reactions to crises, their role modeling, and their recruitment strategies. Referring to Enron, the major mistake made by leaders are as follows: Compensation Programs As in most other U. S. companies, Enron’s management was heavily compensated using stock options. Heavy use of stock option awards linked to short-term stock price may explain the focus of Enron’s management on creating expectations of rapid growth and its efforts to puff up reported earnings to meet Wall Street’s expectations. The stated intent of stock options is to align the interests of management with shareholders. But most programs award sizable option grants based on short-term accounting performance, and there are typically few requirements for managers to hold stock purchased through option programs for the long term. The experience of Enron, along with many other firms in the last few years, raises the possibility that stock compensation programs as currently designed can motivate managers to make decisions that pump up short-term stock performance, but fail to create medium- or long-term value (Hall and Knox, 2002). Dishonestly concealed debt and overstated earnings. Management t Enron Corp. admitted it overstated earnings for nearly five years. In an SEC filing, Enron said financial statements from 1997 through the third quarter of 2001 â€Å"should not be relied upon, and that outside businesses run by Enron officials during that period should have been included in the company's earnings reports. As a result, Enron is reducing earnings for those years by $586 million, from $2. 89 billion to $2. 31 billion. The company also acknowledged that part of earnings came from deals with partnerships controlled by recently sacked CFO Andrew Fastow. These transactions are already being investigated by the Securities and Exchange Commission. Enron said these deals enabled Fastow to earn more than $30 million. Enron also conceded that three entities run by company officials should have been included in its financial statements, based on generally accepted accounting principles. In addition, the company revised its debt upward in each year from 1997 to 2000. As a result, Enron's debt at the end of 2000 was $10. 86 billion, $628 million more than previously reported. Enron’s Performance Review System. PRC featured two basic motivational forces – fear and greed. Skilling wanted to keep only â€Å"the very best,† meaning those who produced their profit and volume target– so every six months one or two out of every ten employees were dismissed. In pitting employees against each other, the rank-and rank System acted to stress the imagined weaknesses of individuals and to obfuscate organizational problems. In sum, this led to an erosion of employee confidence in their own perceptions and, most crucially, to further compliance with the organization’s leaders in a way that strengthened conformist behavior. In practice, the PRC system worked to encourage â€Å"entourages† or â€Å"fiefdoms† (Dallas 2003) of loyal employees who gravitated towards powerful players for protection. The PRC was a powerful mechanism for preventing the emergence of subcultures running counter to the organizational tone set by Enron’s hierarchy. Members of the Risk Management and Assessment Group who reviewed the terms and conditions of deals (and who were largely inexperienced recent MBA graduates) as well as internal auditors, were fearful of retaliation in the PRC from persons whose deals they were reviewing (Chaffin and Fidler 2002; Dallas 2003). At best, control was compliance-based, seldom encouraging employees to follow either the letter or the intent of laws (Dallas 2003). This punitive environment brought the consequences of dissent sharply into focus. Enron’s culture has been characterized as â€Å"ruthless and reckless †¦ lavish rewards on those who played the game, while persecuting those who raised objections† (Chaffin and Fidler 2002, 4-5). Led by Skilling’s cavalier attitude to rules, top management conveyed the impression that all that mattered was for employees to book profits. In sum, this led to an erosion of employees’ confidence in their own perceptions and, most crucially, to further compliance with the organization’s leaders in a way that strengthened conformist behavior. Former employees have noted how â€Å"loyalty required a sort of group think† (Chaffin and Fidler 2002, 2) and â€Å"that you had to ‘keep drinking the Enron water’† (Stephens and Behr 2002, 2). A myth of smooth, flawless operations was perpetuated with problems â€Å"papered over† (McLean 2001, 58). The net effect of the rank-and-yank system was to decrease the likelihood that employees would raise objections to any illegal or unethical behavior of powerful players. The competitiveness the PRC created was exacerbated by Enron’s bonus regime. As one insider put it, â€Å"sure, the culture at Enron was treacherous, but that was the point† (Swartz and Watkins 2003, 56). Ultimately, the overestimation of profits and underestimation of costs was endemic to the organization. The cheat on debt and financial report lead to character erosion which destroys the image of this company and loss of business and social standing. The harsh policy alliance the relationship between managers and ordinary workers, make well-intentioned employees were inhibited from doing the right thing. Board Board of Directors in Enron’s collapse concluded that the firm had developed a pervasive culture of deception (Senate Subcommittee 2002). As such it was designed and operating at the level of connivance. CEO Lay used direct force to fire any possible successor with whom he disagreed and either he or other top Enron managers used indirect force to deceive and manipulate employees and other stakeholders for top executive advantage. Whatever standard operating procedures were developed at the level of conformance were honored only to the extent that they did not infringe upon executive perks or interfere with top executives exercising a type of feudal control over internal subjects. When external compliance threatened to restrict Enron corporate prerogatives, aggressive tactics to reduce or liminate regulatory standards were routinely employed. The extent and degree to which illegal non-compliance was the cultural norm at Enron will be determined in the courts. Enron did not reach the commitment level; it never democratized its power structures so that employee and community input could shape strategic direction or restrain executive perks. For all intents and purposes, the work culture of Enron was that of a moral jungle where abuse of power dominated principled economic democratic norms; it was a moral powder keg ready to explode. (1) Fiduciary Failure.  The Enron Board of Directors failed to safeguard Enron shareholders and contributed to the collapse of the seventh largest public company in the United States, by allowing Enron to engage in high risk accounting, inappropriate conflict of interest transactions, extensive undisclosed off-the-books activities, and excessive executive compensation. The Board witnessed numerous indications of questionable practices by Enron management over several years, but chose to ignore them to the detriment of Enron shareholders, employees and business associates. 2) High Risk Accounting. The Enron Board of Directors knowingly allowed Enron to engage in high risk accounting practices. (3) Inappropriate Conflicts of Interest. Despite clear conflicts of interest, the Enron Board of Directors approved an unprecedented arrangement allowing Enron’s Chief Financial Officer to establish and operate the LJM private equity funds which transacted business with Enron and profited at Enron’s expense.  The Board exercised inadequate oversight of LJM transaction and compensation controls and failed to protect Enron shareholders from unfair dealing. (4) Extensive Undisclosed Off-The-Books Activity. The Enron Board of Directors knowingly allowed Enron to conduct billions of dollars in off-the-books activity to make its financial condition appear better than it was and failed to ensure adequate public disclosure of material off-the-books liabilities that contributed to Enron’s collapse. (5) Excessive Compensation.  The Enron Board of Directors approved excessive compensation for company executives, failed to monitor the cumulative cash drain caused by Enron’s 2000 annual bonus and performance unit plans, and failed to monitor or halt abuse by Board Chairman and Chief Executive Officer Kenneth Lay of a company-financed, multi-million dollar, personal credit line. (6) Lack of Independence. The independence of the Enron Board of Directors was compromised by financial ties between the company and certain Board members. The Board also failed to ensure the independence of the company’s auditor, allowing Andersen to provide internal audit and consulting services while serving as Enron’s Outside Accountants/Auditors Andersen's auditors were pressured by Enron's management to defer recognizing the charges from the special purpose entities as their credit risks became clear. Since the entities would never return a profit, accounting guidelines required that Enron should take a write-off, where the value of the entity was removed from the balance sheet at a loss. To pressure Andersen into meeting Enron's earnings expectations, Enron would occasionally allow accounting firms Ernst & Young or PricewaterhouseCoopers to complete accounting tasks to create the illusion of hiring a new firm to replace Andersen. Although Andersen was equipped with internal controls to protect against conflicted incentives of local partners, they failed to prevent conflict of interest. Revelations concerning Andersen's overall performance led to the break-up of the firm, and to the following assessment by the Powers Committee (appointed by Enron's board to look into the firm's accounting in October 2001): â€Å"The evidence available to us suggests that Andersen did not fulfill its professional responsibilities in connection with its audits of Enron's financial statements, or its obligation to bring to the attention of Enron's Board (or the Audit and Compliance Committee) concerns about Enron's internal contracts over the related-party transactions†. Ethical Code/Process Enron senior management gets a failing grade on truth and disclosure. The purpose of ethics is to enable recognition of how a particular situation will be perceived. At a certain level, it hardly matters what the courts decide. Enron is bankrupt—which is what happened to the company and its officers before a single day in court. But no company engaging in similar practices can derive encouragement for any suits that might be terminated in Enron’s favor. The damage to company reputation through a negative perception of corporate ethics has already been done. Enron’s top managers chose stakeholder deception and short-term financial gains for themselves, which destroyed their personal, and business reputations and their social standing. They all risk criminal and civil prosecution that could lead to imprisonment and/or bankruptcy. Board members were similarly negligent by failing to provide sufficient oversight and restraint to top management excesses, thereby further harming investor and public interests (Senate Subcommittee 2002). Individual and institutional investors lost millions of dollars because they were misinformed about the firm’s financial performance reality through questionable accounting practices (Lorenzetti 2002). Employees were deceived about the firm’s actual financial condition and deprived of the freedom to diversify their retirement portfolios; they had to stand by helplessly while their retirement savings evaporated at the same time that top managers cashed in on their lucrative stock options (Jacobius and Anand 2001). The government was also harmed because America’s political tradition of chartering only corporations that serve the public good was violated by an utter lack of economic democratic protections from the massive public stakeholder harms caused by aristocratic abuses of power that benefited select wealthy elite.

Monday, September 16, 2019

Human rights in Pakistan Essay

Pakistan’s human rights situation is a complex one, as a result of the country’s diversity, large population, its status as a developing country and a sovereign, Islamic republic as well as an Islamic democracy with a mixture of both Islamic and colonial secular laws. The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of the press, freedom of assembly and the right to bear arms. These clauses are generally respected in practice. Clauses also provide for an independent Supreme Court, separation of executive and judiciary, an independent judiciary, independent Human Rights commission and freedom of movement within the country and abroad. Although the government has enacted measures to counter any problems, abuses remain. Furthermore, courts suffer from lack of funds, outside intervention, and deep case backlogs that lead to long trial delays and lengthy pretrial detentions. Many observers inside and outside Pakistan contend that Pakistan’s legal code is largely concerned with crime, national security, and domestic tranquility and less with the protection of individual rights. In May 2012, President Asif Ali Zardari signed the National Commission for Human Rights Bill 2012 for the promotion and protection of human rights in the country. Read more:  Current Situation of Pakistan Essay Political abuse of human rights:- Provincial and local governments have arrested journalists and closed newspapers that report on matters perceived as socially offensive or critical of the government. Journalists also have been victims of violence and intimidation by various groups and individuals. In spite of these difficulties, the press publishes freely, although journalists often exercise self-restraint in their writing. The government often ignores abuses against children and religious minorities, and government institutions and some Muslim groups have persecuted non-Muslims and used some laws as the legal basis for doing so. The Blasphemy Law, for example, allows life imprisonment or the death penalty for contravening Islamic principles, but legislation was passed in October 2004 to counter misuse of the law. Furthermore, the social acceptance of many these problems hinders their eradication. One prominent example is honor killings (â€Å"karo kari†),  which are believed to have accounted for more than 4,000 deaths from 1998 to 2003[citation needed]. Many view this practice as indicative of a feudal mentality and falsely anathema to Islam, but others defend the practice as a means of punishing violators of cultural norms and view attempts to stop it to as an assault on cultural heritage. Pakistan’s military intelligence agency, Inter-Services Intelligence (ISI), and the police have been accused of arresting and kidnapping political leaders who have demanded more autonomy or freedom from Pakistan. They have also been accused of arresting student activists and teachers protesting the exploitation of Pakistani government. Many human-rights activists in Pakistan have protested against force disappearances and kidnappings. Humanitarian response to conflict:- Violence in Pakistan and the Taliban conflict with the government have heightened humanitarian problems in Pakistan. Political and military interests have been prioritised over humanitarian considerations in their offensives against the Taliban, and issues likely to get worse as people are encouraged back home prematurely and face once again being victims of the insurgents. Displacement is a key problem and humanitarian organisations are failing to address the basic needs of people outside displacement camps, nor are they able to address issues such as the conduct of hostilities and the politicisation of the emergency response. Researchers at the Overseas Development Institute argue that aid agencies face dilemmas with engaging with the government, as this does not always produce the desired results and can conflict with their aim of promoting stability and maintaining a principled approach. A principled approach limits their ability to operate when the government emphasises political and security considerations. There were over 500,000 people displaced in 2008, mainly from the Federally Administered Tribal Areas (FATA) on the border with Afghanistan, and a further 1.4 million from Khyber-Pakhtunkhwa in May 2009. By mid-July 2009, Pakistan’s National Database and Registration Authority (NADRA) put the total of Internally Displaced People (IDPs) at just over 2m, while unofficial figures are as high as 3.5m.[4] Most of those displaced (up to 80%) were taken in by relatives, friends and even strangers – Pashtun communities in particular have displayed great efforts in assisting the displaced despite their own high levels of poverty. Still others use  schools, but only a small minority live in approximately 30 official camps, mainly in Khyber-Pakhtunkhwa.

Sunday, September 15, 2019

Self Concept Paper

Self Concept Paper Although, many people like and dislike many of their physical appearances they have to cope with the fact that they can not change them and that their unique characteristics make them who they are. My favorite characteristic is my hair; I like my hair because it is long and curly. I can do a number of different styles with my hair such as straightening it, making it wavy or leaving it curly. I’ve never been bothered with my hair because my hair is unique and not many people have the type of curls that I do. Another one of my favorite characteristics is my eyes and eyelashes. I like my eyes because they have a nice shape; like an almond their not to big nor are they too small. My eyelashes are super long, I cut them in fourth grade because I thought they were too long but luckily they grew back at a good length. I also like my legs; I like my legs because they have a nice muscle tone and their not to big. One of my traits that I don’t like is my teeth. I don’t like my teeth because I have a gap. They’re not that bad because they’re all straight but my gap irritates me bad. My feet is another characteristic that I don’t like about myself, the reason I don’t like my feet is because is because they’re too wide and my toes are chunky. Even though, we like to think we don’t relate to anyone and we’re our own person; the truth is that we do, humans share many traits with each other. I like to think that I am caring, hardworking and honest. I’m thoughtful because I care for other people; I like to know what’s going on with people and if something is on their mind. I’m a hard worker because I strive to do my best at anything I do, I don’t like to see myself fail at any goal I’m trying to accomplish. I’m truthful because I’ve been lied to as a child and in the past. The feeling of being lied to hurts, it makes someone feel as though their feelings or emotions don’t matter and that their not strong enough to handle the truth. Me personally, I would never want to lie to someone and put them through anything they shouldn’t have to go through. One bad thing about me is that I’m judgmental, I judge people before I even get the chance to meet them or even know what their like. If I see someone I stereotype them and until I really get to know the person well, I always just have those thoughts. Another thing about me is that I’m naive. I believe anything anyone tells me; someone can tell me there’s a fire in my house while I’m in it and ill say â€Å"where? † The worst thing about me is my attitude. I have a bad attitude and if I don’t like someone it definitely shows, but I have frequent mood swings. If I’m having a bad day or someone frustrated me, half my day will be ruined and ill take it out on everyone else but not intentionally. I have a well rounded personality, I feel as though I’m a easy person to get along with; I’m helpful, friendly, and trustworthy. I like to be beneficial to anyone who needs it, everyone needs a helping hand every once in a while and need someone to help them get on their feet; I like to be that person. I’m extremely outgoing I like to have a good time and enjoy myself know matter where I’m at. I don’t like anyone feeling left out so I always try to make the person I’m with have as much as a good time I’m having. Having someone who is dependable is important. Everyone needs that one friend who they can run to and tell all there secrets to and not second guess them even telling a soul, I feel as though I’m very reliable. A few negative personality traits I have are being shy, stubborn and not talkative. I’m very timid around people I don’t know or around people I feel uncomfortable with, but once I get to know you very welcoming and outgoing. If I don’t know you, I wont talk to you or try to conversate with you, I’m not talkative to people I’m not familiar with. The worst personality trait I have is being stubborn. If I could change me being stubborn I definitely would. Being obstinate can cause a lot of conflict especially with other obstinate people; if things don’t go my way I become highly frustrated very fast. I interviewed three people and how they view me as an individual, I wasn’t too surprise with the responses I received because I can see why they would think that way about me. Some positive things that were said about me are that I’m very responsible, dependable and hardworking. I, myself had also thought I was hardworking; I like to achieve all my goals and get everything done. I’m reliable because everyone knows if they ask me to do something and I’m able to do it, it will get done. That’s sort of where my perfectionist kicks in, where everything has to be done right and in order. A few negative things that my family thought was being hardheaded, impatient and having a bad attitude. I admit that I’m hardheaded because I don’t listen to what people tell me even if they know for a fact it’s a bad decision. I like to make my own mistakes and learn from them because if you don’t learn from your mistakes you’re going to keep making them. I also agree that I’m intolerant because I have no patience to wait for anything. I get easily frustrated when something takes longer than it has to. I take my school work and jobs very seriously, so when it comes to school I work I don’t play around and try my hardest to do everything the way it’s suppose to be and to do everything on time. I’m extremely hard working; I strive to do my best in any and everything I do so I can make something out of myself. I’m a very driven person when it comes to something important because if you loose sight of the big picture, your goals or ambitions you will be lost in the long run and it will take you longer to get to where you want to be. I’m so determined to make something of myself because my whole life I’ve seen my family struggling just to make ends meet and I don’t want to see myself in their shoes, I want to succeed and be someone in the future. I do have a few negative attribute when it comes to performance at school or work, just like everyone else. I’m easily sidetracked because when I’m focused on something I want done and another thing pops up or needs to be done such as cleaning, phone calls or picking up my sister I’ll do it with out finishing the first thing I was doing. I’m most distracted when I’m in school because if I get a text message or phone call while taking notes or listening to a lecture I loose concentration. Being a procrastinator is the worst trait I think I could have picked up on because I throw important things to the backburner, thinking I will do it when I’m ready or when I’m finished with something and I end up forgetting about it all together. I’m often sluggish because I go to school Monday through Thursdays and work everyday, so sometimes I won’t finish or accomplish many things such as homework, projects or studying because I just want sit around, rest or sleep all day. Throughout the day, I’m a pretty laid back relaxed person. I get things done in that process though. I keep myself motivated because if I’m not motivated I won’t succeed but I’m a very organized person and that shows that I care about my priorities. My biggest problem that I’ve dealt with my whole life is waking up late. I tend to sleep in or over sleep most of the time, that’s not a good attribute because I waste my entire day by sleeping and sometimes I’m late to class and miss parts of a lectures. Throughout the day I find myself cleaning up after my self and other all the time. I’m too much of a clean freak, I usually annoy people who are with or around me and because I’m always straightening up the house. A non-clean person irritates me to death, it makes me mad when people don’t clean up after their selves. When it comes to mental functioning I like to think of myself as a multitasked person, very curious and spontaneous, independent, antagonistic, horrible at math and having a bad memory. Being able to do a lot of things at once is a positive attribute to me as long as your doing all the things correct; I can get many things done at one time while doing an impressive job. I like the fact that I’m curious and spontaneous, I like to discover and try new things because we only live once. My friends love hanging out with me and anyways ask me about things to do. I’m a very independent person who doesn’t like to seek help from others, I like to do things on my own and provide for myself, it makes me feel good. I feel as though I need to work for what I want because nothing is ever given to you. Math is my worst subject and I’ve always struggled with it throughout my life, but I’ve come to realize that I am not the only person with that problem. Now that I am in college and need to take 3 more semesters of math I seek help from the math tutors and by doing that I have learned a great amount, math is beginning to become understanding instead of stressful. Having a bad memory is a bad attribute that I have I can never remember important things that I’m suppose to remember. If I’m having a conversation with someone and I get sidetracked I’ll forget my entire train of thought. My friends and family get frustrated with me when I forget things.

Saturday, September 14, 2019

Balco Employee’s Union V. Union of India

BALCO Employee’s Union v. Union of India – Significance in Administrative Law. Administrative decision making has been a subject of great discussion since long. The application of a mind, which is in not a strict sense judicial, the presence of arbitral preferences coupled with the fact of discretion allowed to the executive in decision making, more often than not, carries the impression of whims and caprices being involved while such decision has been taken. Related essay: AK Kraipak CaseThe question of why at all this is so, is to be answered not from a legal but from a humanitarian standpoint. Each human differs from other and when subjective satisfaction of a group of individuals is concerned, the executive wing of the state in the present case; it is bound to happen that one there will be a number of groups who do not agree with the decision so taken for they have their own criteria’s and yardsticks to measure the same. Possibly, the same is the case with administrative decision making.When the Government is satisfied, based upon the material considered and issues involved, that a given decision is appropriate for a circumstances, it may equivocally be true that it may not satisfy each and every individual concerned with the similar set of issues and therefore there may arise a conflict. History is full of examples and is enriching day by day of the instances in which executive decisions have been challenged on grounds of they being arbitrary, suffering from mala fide, based on non-satisfactory grounds, irrational, to name a few of them.The study of one such instance forms the essence of this paper. The decision of the Government of India to disinvest M/s Bharat Aluminum Company Limited, popularly known as BALCO was challenged by the employees of BALCO , State of Chattisgarh and by some public spirited individuals before various High Court and finally before the Supreme Court . It was challenged that the decision to disinvest BALCO was contrary to the legal and social interests of the employees as well as certain other legal issues were raised by different parties .The present study is to analyse the judgment of the Supreme Court in the instant case with a critical angle and also trace its legal impact with a special focus on the impact it has made upon Administrative law. To introduce the case, it would be advisable to dwell in the broad frame the case dealt with rather than to deal with the precise fac ts and issues. To categorize, the case dealt with a challenge to the administrative power of the Government on the matter of disinvestment of its stake in a government company as regards the procedure followed while so deciding and also the provisions that needs to be examined while deciding the issue.On a broader level, an administrative policy was under a challenge before the Court. The precise impact that this decision, therefore, had was on the level of administrative discretion that the executive enjoyed in the selection of and following of a policy which had a vital impact on the economic position of the country . Nevertheless, the answer of the Supreme Court has been affirmative and it was categorical in mentioning that unless the policy adopted by the government suffered from the vires of illegality or malafide .Not stopping at this, the Court also gave a substantive reflection on the aspect of natural rights and their applicability as regards the choice of administrative po licy . For a detailed analysis and to have a diverse perspective, the study has been divided into different chapters which deal with a host of issues involved in the case and for having a varied dimension. II. A BRIEF DESCRIPTION OF THE FACTS OF THE CASE The case arose to challenge the validity of the decision of the Union of India to disinvest and transfer 51% shares of M/s Bharat Aluminum Company Limited (hereinafter referred to as ‘BALCO’).The case was filed by way of a writ petition by the BALCO Employees’ Union by filing Writ Petition No. 2249 of 1999 in the High Court of Delhi when upon the recommendation of the Disinvestment Commission, the Cabinet Committee on Disinvestment approved the sale of 51% of the shares of BALCO to private ownership and thus reducing the status of the company from a Government Company to a private enterprise . Further, upon the same issue, a Public Interest Litigation (PIL) was filed by one Dr. B. L. Wadhera in the Delhi High Cou rt and similarly writ petition filed by Mr.Samund Singh Kanwar in the High Court of Chattisgarh wherein different steps of the disinvestment procedure were challenged. With the filing of the writ petitions in the High Court of Delhi and in the High Court of Chattisgarh, an application for transfer of the petitions was filed by the Union of India in the Supreme Court and by Order dated 9thApril, 2001, the writ petitions which were pending in the High Court of Delhi and Chattisgarh were transferred to the Supreme Court . CONTENTION OF THE PARTIES (A) On behalf of the BALCO Employees' Union.Before disinvestment, the entire paid-up capital of BALCO was owned and controlled by the Government of India and its administrative control co-vested in the Ministry of Mines. BALCO was, therefore, a State within the meaning of Article 12 of the Constitution . Therefore, by the reason of disinvestment the workmen had lost their right and protection under Articles 14 and 16 of the Constitution. This was an adverse civil consequence and, therefore, they had a right to be heard before and during the process of disinvestment .The type of consultation with the workmen which was necessary was, whether BALCO should go through the process of disinvestment; who should be the strategic partner; and how should the bid of the strategic partner be evaluated. It was further submitted that the workmen had reason to believe that apart from the sale of 51% of the shares in favour of Sterlite Industries the Agreement postulated that balance 49% will also be sold to them with the result that when normally in such cases 5% of the shares are disinvested in favour of the employees the same would not happen in the present case . B) On behalf of the Union of India It was submitted that disinvestment had become imperative both in the case of Centre and the States primarily for three reasons: a. Firstly, despite every effort the rate of returns of governmental enterprises had been woefully low, exclud ing the sectors in which government have a monopoly and for which they can, therefore, charge any price. The rate of return on central enterprises came to minus 4% while the cost at which the government borrows money is at the rate of 10 to 11%.In the States out of 946 State level enterprises, above 241 were not working at all; about 551 were making losses and 100 were reported not to be submitting their accounts at all . b. Secondly, neither the Centre nor the States have resources to sustain enterprises that are not able to stand on their own in the new environment of intense competition . c. Thirdly, despite repeated efforts it was not possible to change the work culture of governmental enterprises .As a result, even the strongest among them have been sinking into increasing difficulties as the environment is more and more competitive and technological change has become faster. Further it was submitted that the wisdom and advisability of economic policies of Government are not am enable to judicial review . It was not for Courts to consider the relative merits of different economic policies. Court was not the forum for resolving the conflicting clauses regarding the wisdom or advisability of policy.III. A CRITICAL ANALYSIS OF THE DECISION Besides the dispute that arose between the employees and the Government of India, the major controversy that arose as regards the Union’s decision to disinvest was on political lines. It was an accusation by the state Chief Minister that there were irregularities committed by the Union in coming up to disinvestment decision as well as the decisions suffered from arbitrary exercise of power and malafide .Another important factor which can be observed from a careful reading of the decision is that though the case was primarily to challenge the policy of disinvestment as being adopted and followed by the Union of India, the matter, as decided by the Supreme Court, revolved primarily around the rights of the employees an d their consequent protection after BALCO had actually been disinvested . The Court declined to review the policy decision of the Union Government on the adoption of a policy of disinvestment though in fact it was tried to be justified on behalf of the Union as reflected from the submissions of the Attorney General .Thus it can be said that the Court actually did not, at any stage, examine the correctness of the disinvestment policy for India. The Court tried to evade deciding upon this issue and thus giving it a name of administrative policy, it was approved. It is also important to note while laying down the decision the significance of the judgment far transcended the specifics of the BALCO transaction as it enunciates far-reaching principles that will influence the tenor of jurisprudence on economic affairs for long.The most pertinent example is of the case of Centre for Public Interest Litigation v. Union of India wherein the disinvestment of Hindustan Petroleum Company Limited (HPCL) and Bharat Petroleum Company Limited (BPCL) was approved on the grounds that since the disinvestment of BALCO was already allowed therefore there is no case made out whereby it could be proved unsuited to the Indian context though, in reality the process of disinvestment was never in fact approved in the BALCO case based upon the merits of the case .It is important to note that in the specific case of the alleged malfeasance in the case of BALCO, the Court categorically stated that â€Å"the facts herein show that fair, just and equitable procedure has been followed in carrying out this disinvestment. The allegations of lack of transparency or that the decision was taken in a hurry, or that there has been an arbitrary exercise of power are without any basis. It is a matter of regret that on behalf of the State of Chattisgarh such allegations against the Union of India have been made without any basis.We strongly deprecate such unfounded averments which have been made by an officer of the said State. † Thus the judgment was not simply a strong rebuke to the credibility of the Chief Minister Mr. Ajit Jogi, it also served to forestall further challenges by state governments on the federal government’s prerogatives on privatization . Also, the Court circumscribed the extent to which matters of economic policy and disinvestment in particular, and consequently matters of policy, shall be scrutinized by courts .The Court was categorical in stating that ‘‘it is neither within the domain of the Courts nor the scope of judicial review to embark upon an enquiry as to whether a particular policy is wise or whether a better public policy can be evolved. Nor are our Courts inclined to strike down a particular policy at the behest of a petitioner merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical. Parliament is the proper forum for questioning such policy. Thus the Cour t held that such disputes were beyond the realm of judicial determination and were left to the legislature to have circumspection over such executive policies. Also, aware of the economic costs of the plant closure as a result of the judicial intervention, the Court for the first time declared that, ‘‘No ex parte relief by way of injunction or stay especially with respect to public projects and schemes or economic policies or schemes should be granted.It is only when the Court is satisfied for good and valid reasons that there will be irreparable and irretrievable damage can an injunction be issued after hearing all the parties. ’’ As a sort of warning, the Court sought to deprecate the excessive use of PILs as a medium to thrash government policies which were prima facie genuine and correct. It thus added, â€Å"the Petitioner should be put on appropriate terms such as providing an indemnity or an adequate undertaking to make good the loss or damage in th e event the PIL is dismissed. ’ It categorically held that ‘‘every matter of public interest or curiosity cannot be the subject matter of PIL. Courts are not intended to and nor should they conduct the administration of the country. Courts will interfere only if there is a clear violation of Constitutional or statutory provisions or noncompliance by the State with its Constitutional or statutory duties. ’ In regard to disinvestment specifically, it held, ‘‘The decision to disinvest and the implementation thereof is purely an administrative decision relating to the economic policy of the State and challenge to the same at the instance of a busybody cannot fall within the parameters of Public Interest Litigation. ’’ The Court also specified the contours of the rights of labour when policy changes were affected, for instance when the Government disinvests its equity in an enterprise.While holding that in the BALCO disinvestment case, the Government had exerted itself to protect the interests of employees of the company, more generally it was open for the Government, like any other employer, to take workers along, to keep them informed about prospective changes and to allay their apprehensions but, labour could not claim a right, either on the basis of natural justice or any other foundation, to be consulted, or the right to receive prior notice, or to be consulted at every stage of the process .The Court also specially held that ‘‘even a government servant, having the protection of not only Articles 14 and 16 of the Constitution but also of Article 311, had no absolute right to remain in service’’ and therefore the decision to change the control of the company from government to private hands was the sole prerogative of the government and could not be challenged by the employees. IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT It is true that the decision given by the Court in the BALCO cas e was based upon a sound appreciation of arguments, yet there are many implications which may follow pursuant to the decision.The major emphasis is on the policy of disinvestment. Though the Court did not go into the merits of the disinvestment policy per se yet, it did silently approve the policy to be followed by the Union . Thus the court supported the revival of the national economic with the support of private lines. The earlier policy of socialist economy, as upon which the Constitution was based and is as well enshrined in the Preamble, read with the State’s duty to avoid concentration of wealth in private hands as envisaged under the Directive Principles was not considered an appropriate solution for meeting the present day need i. . boosting the national economic growth . The observations of the Court on the aspect of natural justice may have been insignificant in terms of words spoken on it or portion of the judgment dealing with it yet; the impact which it has crea ted is enormous. The Court held that the principles of natural justice did not apply even in case the rights of the employees were affected as regards the change of their employer . They were not even given an opportunity to be heard and this was the sole bone of contention.For the very reason that Sterlite industries (the buyer) had given an undertaking that no employee of BALCO would be removed and the government had taken sufficient steps towards the protection of the employees, they had no reason to be heard. Employees, being connected with the manufacturing and other process in a much closer manner than any other body had, at least, the minimum right to put their views before the Court. Thus the participation of employees in the betterment of their organisation at the Board level was also discouraged.An important fact that may have evaded the critics was the method of computation of BALCO’s capital. Of the three different methods, the accounting method adopted for arrivi ng at the reserve price for the sale of BALCO was the one with the lowest result . It was never questioned by the Court. Thus it can be used in later cases before the Court that the method adopted by the Government is beyond judicial review too as it falls within the ambit of administrative discretion too . It may seem to be a remote issue nevertheless may be raised in the Courts.Further, the Court never did accept or uphold that disinvestment as a policy per se was a good policy to be implemented in the pursuance of national economic growth. Yet it was so stated in the later case wherein the disinvestment of HPCL and BPCL was challenged and it was contended by the Union of India that the policy of disinvestment was upheld by the Supreme Court in the BALCO case . These are some of the implications that may arise pursuant to the decision of the Supreme Court in the matter of the BALCO disinvestment process, as being conceived by the researcher.V. CONCLUSION The Supreme Court, in the celebrated case of Ram Jawaya Kapoor v. State of Punjab, observed thus, â€Å"the executive function comprises both the determination of policy as well as carrying into execution. The evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State† . Thus we find that the determination of policy has always been within the domain of the Executive.Therefore there remains no doubt that the government had the power to decide as to the adoption of a policy of disinvestment. It is this very precise reason that the same could not have been challenged successfully before the Court. Thus, it was challenged indirectly by taking the stand that such a policy would under the legal and constitutional rights of the employees of BALCO . Thus we find that the litigation, the reason for challenge and the motive behind such a challenge were flawed from its very beginning. The success of the petition was, therefore, never guaranteed.The main reason seems more of so political rather than legal, which initiated the present litigation. Nevertheless the Court was categorical in dealing with the issues. It laid to rest its critics while also issuing a stern warning that Public Interest Litigation should not be used as a means to invalidate policy decisions of government which in ordinary course were beyond judicial review. The Court also severely deprecated the action of the State officials who accused the Union Government of malafide and abuse without stating firm grounds for the same.On the aspect of the impact that the decision has created on administrative law, it can be said that it was not much except for the fact that it reiterated certain fundamental principles which had already been incorporated in the Indian legal stream. The fact of the administrative discretion and power to adopt and implement po licy decisions being beyond the scope of judicial review unless it suffered from illegalities or malafide was upheld .Further the Court upheld that there was no violation of principles of natural justice by non-hearing of the employees in the entire disinvestment process as it was purely a matter of administrative choice wherein the employees had no stake. It may be hard to adjust but seems to be a sound legal principle indeed. After all the rights of the employees were protected under different labour and industrial legislations no matter who the employer was. Thus accepting the fact that they had an interest in the management of the company yet, it was not incumbent or essential to take their views before deciding the entire process.The silent approval of the disinvestment process by the Apex Court also symbolizes the fact that the Court also feels it in the interest of national interests and the economy on the whole. This the Court expounded in a later case when it approved the s ale of HPCL and BPCL on similar lines as BALCO. Thus, on a whole, though the case may failed to give any novel concept, yet it is landmark of its own kind. It was an attempt on the part of the Court to define its own limits on judicial review. It also stretched the scope for the exercise of administrative powers in making policy decision. REFERENCESARTICLES: 1. Devesh Kapur and Ravi Ramamurti, Privatization in India: The Imperatives and Consequences of Gradualism, (Center For Research On Economic Development And Policy Reform, 2003, Last visited on September 7th, 2011). 2. Presentation on Disinvestment, as presented by the Union of India at the OECD CONFERENCE on Privatisation, Employment and Employees, 10-11 OCTOBER 2002, Turkey, Last visited on September 7th, 2011). 3. Shankar Acharya, India’s Macroeconomic Management In The Nineties, (As Prepared For Indian Council For Research On International Economic Relations, 2001, ; http://www. crier. org/; Last visited on September 7th, 2011). 4. T. N. Srinivasan, Economic Reforms and Global Integration, (Policy Paper, as presented to Center for Research on Economic Development and Policy Reform, Stanford University, 2001). 5. V. Sridhar, Battle over Balco, (The Frontline, Volume 18 – Issue 06, Mar. 17 – 30, 2001, Last visited on September 7th, 2011). BOOKS: 1. Jain & Jain, Principles of Administrative Law, (Wadhwa & Co. , Nagpur, 4th edition, 2003). 2. I. P. Messy, Principles of Adminstrative Law, (Eastern Book Company, Lucknow, 2003).