Wednesday, December 25, 2019
Gul Ahmed Textiles Business Essay Example Pdf - Free Essay Example
Sample details Pages: 17 Words: 5028 Downloads: 3 Date added: 2017/06/26 Category Finance Essay Type Analytical essay Tags: Study Essay Did you like this example? The story of textiles in the subcontinent is the story of Gul Ahmed. The group began trading in textiles in the early 1900s. With all its know-how and experience, the group decided to enter the field of manufacturing and Gul Ahmed Textile Mills Ltd. was incorporated as a private limited company, in the year 1953. In 1972 it was subsequently listed on the Karachi Stock Exchange. Since then the company has been making rapid progress and is one of the best composite textile houses in the world. The mill is presently a composite unit with an installed capacity of 130,296 spindles, 223 wide width air jet looms, and a state of the art processing and finishing unit. In the textile field, activities start from the spinning of cotton as well as man made fibers and extend to weaving, processing and finishing of all types of cotton and blended fabrics, bed linen, home furnishings, garment manufacturing, etc. 1.2Products Gul Ahmeds fine textile products represent a uniq ue fusion of the century old traditions of the east and the latest textile technology of the west. The purest of cotton fibers, produced from the fertile lands of the Indus Valley, are spun, woven and processed into the finest quality cotton and blended products through a combination of latest technology, skills and craftsmanship of this traditional industry. 1.2.1Bed-Linen Quilt covers ,duvet covers, flat and fitted sheets, pillow covers, valance sheets, bolster case with all sorts of fancy confectioning, embroidery and embellishments, packed to buyers specific requirement. 1.2.2Curtain Ready made curtains lined, un-lined and taptop curtains, plain or fully accessorized with tiebacks, pelmets, cushion covers, in different styles of confectioning and embroidery, packed to buyers specific requirement. 1.2.3Fabric Running meter fabrics, packed to specific requirement. 1.2.4Yarn Gul Ahmed specializes in medium-to-fine-count cotton yarns and is also capable of pr oducing yarns using a wide variety of synthetic fibers including polyester, rayon and other man-made fibers. CHAPTER 2 ACCOUNTING POLICIES DISCLOSURES This is the summary of different accounting rules and procedure which is used in the preparation of financial statements by the Gul Ahmed Textile Mills. And here I also tell you how the different accounting rules affects the financial statements of the company. The financial statement of Gul Ahmad is prepared in accordance with approved accounting standards as applicable in Pakistan. The companys financial statement are prepared is Pakistani rupee. The management of Gul Ahmad exercises its judgment in the process of applying the accounting polices. Estimates and judgments are continuously evaluated and are based upon historical experience, including expectation of future events that are believed to be reasonable under the circumstances. So for this purpose I explained here each item separately which is mentioned in the fi nancial statements. 2.1 Operating Assets These are stated at cost less accumulated depreciation except leasehold land, which is stated at cost. No amortization is provided on leasehold land since the lease is renewal at the option of the lessee. Depreciation is charge on reducing balance method at specified rates. Full year depreciation is charge on additions except major additions or extensions to production facilities, which are depreciated on pro-rata basis for the period of use during the year and no depreciation is charges on the assets in the year of their disposal. Gains and losses on disposal of fixed assets are included in current year income. 2.2 Intangible Assets In tangible assets are states at cost amortization is charges over the useful life of the assets on a systematic basis to income applying the straight line method. 2.3 Investments Investments are initially measured at cost. At subsequent reporting dates, the company reconsider carrying amount of the investment to assess, whether there is any indication of impairment loss. If such indication exists, the carrying amount is reduced to recoverable amount and the difference is recognized as expense. 2.4 Investment held for trading: These are stated at fair value and changes in carrying values are included in profit and loss account of the current year. 2.4.1Investment available for sale: These are stated at fair value and changes in carrying value are recognized in equity until investments is sold or determined to be impaired at which time accumulated gain or loss previously recognized in equity in included in profit and loss account. 2.4.2Investment held to maturity: These are stated at amortized cost, less impairment loss, if any, recognized to reflect irrecoverable amounts, impairment losses are charges to profit and loss account. 2.5 Store, Spaces and loose tools: These are valued at average cost and goods in transit are stated at actual cost. 2.6 Stock in trade: Raw material are valued at average cost method finished goods are valued at lower of average manufacturing cost and net realizable value. Work in process is valued at average cost of raw material plus as proportion of the productions overheads. Wastes products are valued at net realizable value. Goods in transit are stated at actual cost. 2.7. Trade debts: Trades debts are carried at original invoice amount debts considered irrecoverable are written off and provision is made for debts consider doubtful. 2.8. Financial Assets and liabilities: All financial assets and liabilities are measured at cost, which is the fair value of the consideration given and received respectively. 2.9 Off setting of financial assets and liabilities: A financial assets and financial liability is offset and the net amount is reported at the balance sheet, if the company has a legal enforceable right to set off the recognized amount and intends either to settle on net b asis or to realize. The assets and settle in the liabilities simultaneously. 2.10 Impairment: The carrying amount of the company assets is received at each balance sheet date to determine, whether there is an indication of impairment loss. If such indication exists, the assets recoverable amount is estimated in order to determine the extent of the impairment loss if any. Impairment loss is recognized as expense in profit and loss accounts. 2.11 Revenue recognition: Sales are recorded on the dispatch of goods to buyer return on investment is recognized on accrual basis. 2.12 Cash and cash equivalent: Cash and cash equipment are recorded in balance sheet at cost. For the purpose of cash flow statement, cash and cash equivalent comprises cash on hand, with banks on currency, saving and deposits accounts running finance under make up arrangement and short term finance. 2.13 Loans and advances: The company give different loans and advances to the employee for the purchase of cars, scooters and household equipment and house assistance in accordance with the terms of employment and repayable in monthly instatements. These loans are secured against retirement benefit and other dues of the company. 2.14 Assets Provisions Provisions are recognized in the balance sheet when the company has legal obligation as a result of past event, and it is probability that outflow of economic benefit will be required to settle the obligations. 2.15 Significant Accounting Polices: These are some significant accounting polices which the company used during 2004_2009 for the preparation of financial statements. 2.15.1 Accounting Convention: Accounts of the company have been prepared on historical cost convention. 2.15.2 Borrowing cost: Make up, interest and other changes on loans are capitalized upto the date for commissioning of the qualified assets, acquired out of the proceed of such loans. All other mark up interest, profit and other ch arges are charges to income. 2.15.3 Retirement benefits: The company operated an approved funded contributory provident fund for its eligible employees to whom equal monthly contribution is made both by the company and the employees. The company also operates an unfunded gratuity not part of the provident fund scheme. 2.15.4 Shares of the company: The company issue three types of share, ordinary share of Rs.10 each fully paid in cash Ordinary share of Rs.10 each fully paid under scheme of arrangement for amalgamation. Ordinary share of Rs. 10 each issued as fully paid bonuses share. CHAPTER 3 FINDINGS AND ANALYSIS 3.1Analysis of Income Statement In the income statement of Gul Ahmed Textile mills from 2005 till 2009 the trend shows that there is the company sales from year to year. Here the sales have increased from 2005-09. But the growth rate of sales shows that in the period of 2009 the company has a maximum growth of 6.2%. Gross profit is directly re lated to sales and this was also influenced by the external factors. The net income also shows a fluctuating trend of the company. The company s suffered a loss in 2006. Other factors which showed a low net income in 2006 is because of high level of finance cost and tax rates induced on the company. Overall the company do good to maintain its high level of sales and income from 2007-09. The income statement shows that the company is in the way of progress from year 2007-2009. 3.2 Analysis of Balance Sheet In the assets side of the balance sheet, the companys non-current assets increased from 2004-09 which was a good sign. Companys current assets increased from 2005-06 but then started decreasing because of the economic conditions and reduced sales and net income. Overall the companys total assets increased from 2005-06 but decreased from 2005 to 2006 but then again increasing from 2007-2009 which means that day by day company improve its position .The balance sheet of Gul Ahme d Textile mills shows that the issued or subscribed shares remins the same in 2004-2006 and then increases from 2007-2009 . This showed that the company expanded with more number of shareholders in 2009. The total equity of the company showed a increasing trend from 2004 to 2009. Long term loans decreased only in the year 2007 but in other years it is continuously increasing and it have reached the highest in 2009 which is not good for the company. The current liabilities of the company increased from 2004-2006 but started decreasing in 2007 because of the economics of scales factor or they planned to efficiently use the resources in such difficult economic conditions, but it is again rising in 2008-09 which is not a good indicator. Overall the total liabilities increased from 2004-06 but decreased in 2008 and this is a good sign for the company because reducing overall cost in unfavorable conditions would help the company to recover its bad debts. 3.3 Analysis of Cash Flow State ment The cash flow statement of Gul Ahmed Textile mills is divided into three parts, which shows the cash flows from operating, investing and financing activities respectively. The net cash flow from operating activities are positive in the year 2005-2009 but it is negative in year 2004 only. Currently it is positive which shows that company is performing well and is generating cash inflow from operations and its cash inflows are more than its outflows. The net cash flow from investing activities is negative from 2004-2009 which is not a good indicator for the company. The cash flow from financing activities is positive from year 2004-2009 which isa good indicator. Overall the cash and cash equivalents at the end of each 5 years are negative which tells that company is not in a good position. 3.5 Five years Growth Rate The overall growth rate of Gul Ahmed Textile Mills in Sales, Market price and the amount of total assets. We could see that growth rates of each of the compo nent for the five years is positive which indicates that company is in a very good condition and its important components like sales and total assets are increasing day by day which tells that this company is also becoming attractive for the investors. 3.6 Analysis of Common-size of Income Statement It shows us the percentage of income statement components with respect to sales. In case of Gul Ahmed Textile Mills the Cost of goods sold have almost stable from 2005 to 2008 and then a slight decrease in 2009 has been seen in year 2009 which is also higher percentage of sales value i.e 83.19%. (refer to table #3) This increase can be considered due to increasing inflation and production costs. The Gross Profit of the company has been maximum in 2009 where it was at the level of 16.85% of sales and from the year of 2005-2008 the company has seen a decrease in GP as the cost of production was rising during the periods. The increase in expenses especially in distribution costs is due to the increased production capacity by the company and this has increased from 1.95% of sales in 2006 to 3.25 of sales in 2009. Other expenses have remained stable which shows that company is efficient in managing its expenses. The success of company lies in cutting down its administrative expenses in financial crunch conditions. Thus resulting in fewer burdens on company. Profits from operations have increased considering the current financial conditions. The company has incurred increasing finance costs as the cost of borrowing funds have increased due to increased markups and interest rates with time. So Finance Costs have increased from a level of 4% of sales in 2007 to 7% of sales in 2009 The taxation has remained stable with time and the increasing sales of the company throughout 5 years as the ratio of earnings to taxes in nearly same. The Net Income of the company shows a fluctuation trend from 2005 -2009. And in 2009 it is decreased from 1.67 level of sales to 0.57 % of sales. But it is still good as the company has increased its production and with that increase in production costs and expenses have resulted in reduction of Net Income. 3.7 Analysis of Common-size of Balance Sheet It shows how the company averages of assets and liabilities Owner Equity with respect to its Total Assets and Liabilities Owner Equity respectively. The common size Balance Sheet of the Gul Ahmed Textile Mills shows that the companys total current assets are decrease from 2004-2008 and then increases in 2009 .It decreases from 60.5% in 2004 to 51.8% in 2008 and then increases to 54% in 2009 with respect to its total assets.(refer to table # 2) We know that the company has increased its sales and production capacity, the cash and bank balances of the company have increased from 2007-2009 considering the increase in production and sales. Stock in trade shows that company is efficiently using its inventory for production. Companys Account receivables have decrea sed slightly with increase in sales which is not a good sign for the company. The increase in Property plants ratio from 2004-2008 with respect to total assets is also good for the company and we can see an increasing share of investments in total assets of company. Liabilities includes major chunk of short term borrowing cost which have decreased by minor extent from last year. Interest markup on loans has also increased with respect to total liabilities owner equity from previous years which was obvious. The companys total liabilities ratio is more than owners equity which is not a healthy sign for its share holders and investors as 1:1 ratio of liabilities to owner equity is ideal. 3.8Trend Analysis The cash and cash equivalents of Gul Ahmed Textile Mills show a fluctuation trend from 2005 to 2009 setting 2005 as the base year. Account receivables, inventory and current assets also showed a decreasing trend from 2006-09. Current liabilities showed an increasing trend from year 2006 to 2009. (refer to table #4)Working capital, net plant asset and other assets also showed a decreasing trend in all years setting 2005 as the base year. Long term debt and total liabilities also showed an increasing trend, share owners equity and net sales showed a decreasing trend. Total cost and expenses showed an increasing trend and the net income of Gul Ahmed Textile mills showed a increasing trend from 2007-2009 and it is negative in 2006. 3.9Ratio Analysis (All the figures and calculation related to ratios of the company is mentioned in table no.1 in appendix.) 3.9.1Current Ratio: It is always considered that the current ratio lies between 1 and 2 are the ideal for any business to operate. The current ratio of the company is decreasing from 1.045 to 0.95 which is also less than industry average of 2.15. This shows that company current assets are less to cover its current liabilities as compared to its industry. The current ratio shows the level of risk a ssociated with the company. 3.9.2Acid Test Ratio: The acid test ratio is a more stringent test of liquidity. This is similar to current ratio but is a better measure to analyze the liquidity position of the company. The higher it is the better it is. The acid-test ratio trend shows that the liquidity condition of Gul Ahmed Textile Mills is less than industry average of 1.10 and is at a level of 0.39 3.9.3Accounts Receivable Turn Over: There is a minor increase in the account receivable turnover which shows that the company is doing more and more credit business and it is taking time for the company to collect its receivables. But this minor increase is due to increasing production in 2009. But still the companys turnover is lesser than industry average of 54.91 which shows the strength of company with its receivables. 3.9.4Inventory Turn Over: The ratio measures the ability of company to use and dispose inventory and the liquidity of inventory component in current assets. The higher the ratio, the better it is for the company. The inventory turnover has increased over the past 5 years showing that the movement of stock in and out of the company is higher in 2009 as compared to the industry. 3.9.5 Days Sale in Receivables: This shows the time company is taking to convert its receivables to sales. Gul Ahmed Textile Mills has proved to be really efficient in collecting its receivables. Its receivables time period is 26 days which is less than industry average of 34 days. 3.9.6Days Sales in Inventory: The average days sales in inventory is a lot higher than Gul Ahmed Textile Mills days sales of 34 days. This means that company is really efficient in converting its inventory to 3.910Approximate Conversion Period: This ratio shows the average time company required to convert is receivables to sales and inventory to sales, which is strong in case of Gul Ahmed as the company is in covering its receivables and inventory in approximat ely 45 days. 3.9.11Cash to Current Assets: This ratio shows the proportion of cash in total current assets. The higher the ratio, the better it is for the company. High ratio shows that the firm has more near cash assets and there is a minimal damage or loss in liquidation. The ratio of company in 2009 is nearly the same of industry average showing the companys strong cash position in the industry. 3.9.12Cash to Current Liabilities: This ratio shows the availability of cash with the company to pay off its current liabilities. It is a lot less than industry average in case of Gul Ahmed Textile Mills. This shows that company has less cash to cover its liabilities which is not safe for the company. 3.9.13 Liquidity Index: The liquidity index represents that an increases in the index signify deterioration in liquidity, while a decrease in the value of index signify improved liquidity position. The companys liquidity index decreases over the past five years showing that companys liquidity position improves over the period. 3.9.14Working Capital: It measures the excess of current assets over current liabilities. This ratio is important as measuring the liquid reserve available to meet contingencies and the uncertainties surroundings a company. The companys position in working capital is although not satisfactory but still its a lot less than industry average. This shows that company is managing to maintain its working capital in such severe industry conditions. 3.9.15Cash Reinvestment Ratio: The cash reinvestment ratio tells us about the prospects of companys ability to reinvest its cash flows in businesses for growing its business. The cash reinvestment ratio of company has shown an increasing trend from 2005 which shows that company. In 2009 cash reinvestment ratio has doubled in case of Gul Ahmed Textile Mills as it has reached to a level of 45% where as industry average lies at only around 8%. This shows the strong commitment of own ers of company for growing their businesses. 3.9.16 Capital Structure and Solvency Ratios: A measure of a companys financial leverage calculated by dividingÃâà its total liabilitiesÃâà byÃâà stockholders equity. It indicates what proportion of equity and debt the company is using to finance its assets. A high debt/equity ratio generally means that a company has been aggressive in financing its growth with debt. This can result in volatile earnings as a result of the additional interest expense. The debt to equity ratio of Gul Ahmed is lower than the industry average which shows that company is managing its proportion of equity and debt in financing its assets quite well. Total Debt ratio gives an idea to the leverage of the company along with the potential risks the company faces in terms of its debt load. In this case the debt ratio although increasing from previous years is still below the industry. The Debt Ratio measures the percentage of Short-Term Debt to Long-Term Debt, a useful way to uncover a companys reliance on short term or long term debt. The long term debt to equity ratio shows that company has increasing long term debt from last years and even more than industry with respect to its equity capital. Adjusted long term debt to equity ratio is a more accurate measure of long term debt with respect to equity which is also in same proportion as in case of long term debt. Equity to total debt ratio is important for investors point of view as every dollar of debt is backed up by calculated amount of equity. Lower equity to debt ratio shows that either the debt is increasing or equity is decreasing which is less favorable for investors and share holders and means company is more leveraged than the industry. Less fixed capital to equity ratio than industry is also more concerning factor for company as it has less fixed assets for each dollar of equity. Current liabilities are less in total liabilities than industry average, which is good for company but increasing long term liabilities have increased the fixed charges for the company at the other end. Earning to fixed charges is quite less than industry which is good for the company; this means that company is generating earnings from operations to cover its finance costs. The cash flow generated from operations is greater for the company to cover its finance costs, which is good for the company with less liquidity concerns. 3.9.17Return on Invested Capital: Return on invested capital shows us that how much the company is earning from its invested capitals which are in form of assets, equity, long term debt e.t.c. the return on assets shows that how much the company is generating its income from its assets. It is the share of net income generated from its assets. The companys return on assets is quite higher than industry which is also higher by a marginal factor from last years. Although it is not enough still its good for the company with respect to its industry. Return on common equity shows how much the investor and shareholders are getting for their invested capital in the company. As far as Gul Ahmed return on equity is concerned it remained at higher level till 2009. Its ROE is still higher than industry which is a positive sign for investors. In case of long term debt and equity the company is generating enough income from the equity capital and financing is done mostly internally. Its return is higher than industry as well which is a good sign for company. Financial leverage index shows that how well company is using its debt. An index of greater than 1 show that company is managing its debt well and returns on equity is larger than its return on assets. 3.9.18Asset Utilization Ratios: Cash and cash equivalents represent the total cash assets company has. In case of Gul Ahmed Textile Mills the company has shown a consistent trend of converting its sales to cash and cash equivalents till 2009. This shows that company a lthough increasing its sales in 2009 has not been able to convert its sales to cash in 2009. Sales percentage of accounts receivables has also decreased in 2009 and it is lesser than industry average which shows that Gul Ahmed Textile Mills is good with its credit policy and accounts receivables are converting into sales more frequently. Sale to inventory has consistently shown an increasing trend as the company has more inventories with respect to its increasing sales. It is also more than industry average as Gul Ahmed is showing consistency in its inventories. Working capital of company has decreased drastically in current year from previous years and it is also less than industry average. This shows that company has more current liabilities than its current assets. Sales to fixed assets ratio for Gul Ahmed is increasing from last years and it is more than industry. This shows that company has more fixed assets than its current assets. Company is generating fewer sales from its ot her assets which is less than industry although it is increasing from last years. Gul Ahmed is generating more sales from its total assets than its industry which shows that company is managing its assets well. 3.9.19Analysis of Profit Margin Ratios: Gross profit margin for the company is increasing from 2007s value although it is a lot less than industry average which is a major concern for the company. This means that company is facing difficulties in case of higher costs of production. Operating profit margin for the company is increasing from last year and is somewhat higher than industry average which shoes that company will be able to gain higher profit after paying its fixed costs like interests. Net Operating margin for the company is decreasing from last years but still its exactly the same of industrys operating margin which is although not much but still good enough for company to say that it is earning profits. 3.10.Dupont Analysis:- Dupont analysis is dea ls with the return on equity. The return on equity ratio is further divided into four ratio i-e tax management efficiency, expense control efficiency, asset management efficiency and fund management efficiency. A slight variation in the ROE tells us for diagnosing problem in the related four areas which is mentioned above. I n case of Gul Ahmed the value of the ROE is highest in the year of 2007 which is 5.19% because of the company has highest net income in this year and lower distribution cost. In the year of 2009 the company ROE ratio is 2.57% because in this year the company expands its business and the cost is increase due to expansion that is why the net income is decreases of the company. CHAPTER 4 COST OF CAPITAL VALUATION 4.1Valuation Method To measure the value of the company I used constant growth model t o see either the company value increase or decrease with year after year. The values of the company show that the value of the company is increasing with th e passage of time i.e. it increases from Rs.1467218.01 in 2005 to Rs. 20452534.2 in 2009. The actual vale of share in 2009 is Rs. 32 which is less then the market value and in 2008 the market value of Gul Ahmed is high as compared to actual value it means that the stock price of the company is overpriced so the investor, want to invest in the company when the stock is underpriced . 4.2Free Cash Flow Of Gul Ahmed Free cash flow means the extra cash available for the company which the company invests in other securities or sometimes the company invests in the company for the expansion purpose. So higher the amount of free cash flow is the better for the company. Because the company invest and gain income from the investment. In the case of Gul Ahmed Textile Mills the free cash flow is increasing from 2007-2009 from the amount of Rs. 222837 to Rs. 468826 which is the good indicator for the company. (It is mentioned in table no. 9 of appendix) 4.3Application of CAPM Model CA PM model is basically used to find out the required rate of return on the investment by the investor point of view. If the actual rate is greater than the required rate then the investor buy the stock and it is beneficent to the investor. So the required rate of Gul Ahmed is by using the CAPM model is find as :- Kr =K rf + (Km-Krf)ÃÆ'Ã
½Ãâà ² =12.54% +(20% 12.54%)1.5 =23.73% So if the companys actual rate is greater than 23.73% then the investor is willing to buy the share of the company. 4.4 Weighted Average Cost of Capital Of Gul Ahmed Weighted average cost of capital is the cost which the company bears against the total amount of capital raised for the operation of the business. Its include the cost of debt as well as the cost of equity. The lower the cost of capital the better is for the company but in case of Gul Ahmed the WACC of the company shows the fluctuation trend because of the increase rate or the effect of the inflation .Here the WACC is increa sing from 2006-2009 from the amount of 14.40% to 15.1% . ( It is mentioned in table no. 11 in appendix) CHAPTER 5 PERSPECTIVE ANALYSIS AND CONCLUSION After the detail analysis of Gul Ahmed textile mills for the five years which include year to year analysis, common size analysis, ratio analysis, dupont analysis of income statement, balance sheet, cash flow statement, and statement of retained earning I come to the point that the Gul Ahmed is a good company which is on the way of progress, the market value of Gul Ahmed share is increasing year after year, the asset of the company increases. The major finding of the analysis are Companys current liquidity position is satisfactory. Companys major source of financing is debt. Company short term financing is major part of liabilities. Companys cost of sales is increasing much more relative to its sales. Companys market value is fluctuate over the years. Company give only one time dividend in the last six years. Different ratios are not satisfactory like EPS,P/E ratio and current ratio. Company needs to review its taxation, expense control and asset management policy. Investors and creditors should be cautious while investing or giving loans in/to this company. Company must review its debt to equity mix and its financing policy So I recommend that it is a better option to purchase the share of Gul Ahmed Textile mills. Donââ¬â¢t waste time! Our writers will create an original "Gul Ahmed Textiles Business Essay Example Pdf" essay for you Create order
Tuesday, December 17, 2019
The Rise in Police Brutality Essay - 5198 Words
The Rise in Police Brutality Police brutality and corrupt cop issues have increasingly risen. The problems posed by the illegal exercise of police power, which is an ongoing reality for individuals of a disfavored race, class, or sexual preference. There are innocent people beaten or put in jail or prison. They can be helped, but the ones beyond help are dead. There are good cops and there are bad cops. Under the law, article 7 states: ?No one shall be subjected to torture or to cruel, inhumane degrading treatment or punishment? (Amnesty 42). The definition of police brutality is the excessive use of deadly or physical force made by a police officer or officer of the law. By kicking, punching, using weapons, shooting,â⬠¦show more contentâ⬠¦Article 7: No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishments. 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Monday, December 9, 2019
Business Law in Australia
Question: Discuss about the business law in Australia. Answer: Solution I My family and I run a sea food restaurant and now fish to call it the "Catch of the Day." There are various compliances that are required to be made. The main issue in the given situation is: (i) Under the Australian Law what are different compliances that have to be met for a restaurant business? For any business, it is necessary that it abides by the laws and compliances that regulate it. The compliance procedure in the first place requires the identification of the law and regulations that apply to the business and areas where there is a risk that a breach of these regulations may occur. The various laws those are applicable to the business of restaurant which are; (i) contract law; (ii) fair trading, consumer protection and trade practice; (iii) anti-discriminatory, employment and privacy; (iv) licensing, industry code and standards. There are regulatory compliances which are imposed externally by law and the enforcement and administration of which are done by government, industry association, regulator and any other such bodies that are outside the company. The company other then this has to comply with its own internal management rules and contract. There are various proactive investigations and fining which is made due to the breach of compliances by the Australian Securities and Invest Commission (ASIC) and Australian Competition Commission (ACC). Compliance by the restaurant shall ensure that there is the minimization of risk of breaking the law, and the corresponding penalty that is attached to it can be avoided. There is heavy fine that is paid by the organizations which ignore or avoid compliance. Two examples where the company failed to comply with the regulations are (i) In the case ACCC v Singtel Optus Pty. Ltd. (ACCC v Singtel Optus Pty. Ltd, [2011]) The court opined that the campaign "Think Big" in relation to broad band, and internet services that were launched by it were in nature misleading, and thus a fine was imposed on them; and (ii) in the case of ACCC v. Visy (ACCC v Visy Industries Holdings Pty Limited, [2007]) the court had opined that though the companys corporate culture was in compliance with the Trade Practice Act (now Competition and Consumer Act 2010) however the Trade Practice could have been in Sanskrit for all the notice that was given to it. one of the compliance was under the Sale of Goods Act, and Australian Consumer Law, and the other was under the Competition and Consumer Act 2010. Thus, the restaurant has to ensure that there is no breach of compliance and one of the breaches that need to be avoided is misleading or deceptive conduct under Sale of Goods Act and Australian Consumer Law. In the case of ACCC v. Coles Supermarkets Australia Pty Ltd. the federal court had opined that the bread that the Coles were selling as freshly baked was actually par-baked outside the Supermarket and frozen, and some of it was even done abroad. However, the bread was advertised as "Baked Today, Sold Today" and "Freshly Baked in Store," this was considered to be misleading, and the company was fine (Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd, [2015]). Thus to ensure that such cost is avoided toward payment of penalty there should be compliance to both the Sale of Goods Act and the Australian Consumer Law. Establishment of the business in the first place requires the business name's registration with ASCI, industrial agreements, and tax registration. Thus, the name of the restaurant has to be registered in the first place. The brand name of the company can be registered as a trademark as well though the same is not compulsory there is significant protection which is provided by the registration of the name of the business. There is exclusive right which the business obtains at the registration as the trademark. Under the classification of 45 numbers of services restaurant, the business can be registered under 43 classifications. Thus in order to ensure that there is no other business in the Australia with the same name only registration of the company is sufficient however trademark ensures the exclusive right to the business. Another compliance that needs to be ensured is with respect to property, at the time of buying or leasing a property ascertaining the fixtures and chattels of the property need to be determined. Though it may seem to be an easy determination however the same can get very complicated for the court to decide in the case of Australian Provincial Assurance Co Ltd v Coroneo(Australian Provincial Assurance Co Ltd v Coroneo, [2016]) the New South Wales Supreme Court opined with respect to the seats that were bolted to the floor whether they were fixtures or chattels. It was ultimately held by the court that these were not fixtures but chattels, and test that was laid down was that determination was whether the fixture was for a purpose that is permanent or temporary. Solution II There is the business of pizza that Manny and Bella own in the name of Perfect Domino Pizza. The wanted a heavy duty oven which they wanted to buy from Tuscan. They made the manager of Tuscan know that they required an Oven that would bake thirty pizzas an hour and this they informed the manager. The manager informed Bella and Manny that the Tuscan XX will be able to fulfill this required. Manny and Bella even before receiving this order advertised it as the MB Oven for their restaurant. The after installation discovered that it was only 12 pizzas that the oven could deliver in an hour, and there was no reliability. There was the loss of the company profit due to this, and when they went to Tuscan, they refused to listen to them. The issues that arise in this case are whether (i) there has been a breach under the Sale of Goods Act?, (ii) any misleading or deceptive conduct by the seller?; (iii) is there a case against Bella and Manny for (a) trademark infringement and (b) misleading conduct. Solution Various statutory obligations have been provided under the Australian Consumer Law, which has been imposed upon the supplier and manufacturer of goods with respect to advertising and marketing(Merrilees and Cotman, 1976), liability towards product, guarantee related to the quality and safety of the product. The guarantee consumer protection has been made available to the consumer who either purchase, lease or hire service or goods the cost of which is $40 000 or less or which the consumer has acquired for purposes that are for domestic, household or personal use (Anderman, 2007). The Section of the Australian Consumer Law prohibits the conduct that is either deceptive or misleading in nature. This section is designed for the protection of the rights of the consumer. When an individual makes another make an error through his conduct then it would be misleading or deceptive (Miller (2010) 241 CLR 357 at 368 [15] per French CJ and Kiefel JR Google Inc (2013) 249 CLR 435 at 465 [92] per Hayne J.). Along with section 18, there is also a breach under section 29 for misleading or false representation for which Manny and Bella can sue. There has been misrepresentation by the Company through its Manager stating that the oven could perform whereas in reality the oven was underperforming thus Manny and Bella would receive compensation for this misrepresentation as well. There can also lie a case against Bella and Manny for misrepresentation as the oven that they bought from Tuscan XX was advertised by them as MB Oven. It has been stated under the Sale of Goods Act that the purpose of which the goods have been brought it should be fit reasonably for it. Three essential requirements that are observed are (Merrilees and Cotman, 1976): (i) the buyer had informed the seller the particular purpose for which the good was being bought; (ii) the skill and judgment of the seller was relied upon, and (iii) the type of product is one which the seller supplies usually. Since Bella and Manny had already informed the manager of Tuscan there requirements and then placed reliance on the knowledge and skill. The ovens were a product that the store usually dealt it. Therefore, there has been a breach by the seller for the product's reasonable fitness (Jain, n.d.). The Sale of Goods Act also further states that where the sale of goods has commenced post discussion with the seller, then it is required that the product should match the description. Even if there was an inspection of goods by the buyer, there is still a claim for damages that exists (Beale v. Taylor, [1967]). Also, it has been stated that there shall be a breach of the products merchantable quality and fitness when it is on the recommendation of the seller that the purchase of the product has been made. (David Jones v. Willis, [1934]). The Trade Mark Act Section 17 (Anderson and Gallini, 1998) states that trade mark is a sign that a service of good uses to distinguish itself. The companies intellectual property right is protected the moment the name of the business is registered, and this provides a protection across Australia. Infringement of trademark would when a deceptively similar sign is used which is similar to the registered trademark of belonging to another with respect to goods that are similar or identical to each other (Banerji, 2011). Manny and Bella have named their restaurant as "Perfect Domino Pizza", and this name has an uncanny similarity to the pizza giants "Dominoes" and both are selling products that are identical hence a case for breach of the trade mark can be bought against them. Reference ACCC v Singtel Optus Pty. Ltd [2011]FCA 87. ACCC v Visy Industries Holdings Pty Limited [2007]FCA 1617. Anderman, S. (2007).The interface between intellectual property rights and competition policy. Singapore: IP Academy. Anderson, R. and Gallini, N. (1998).Competition policy and intellectual property rights in the knowledge-based economy. Calgary: University of Calgary Press. Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015]FCA 330. Australian Provincial Assurance Co Ltd v Coroneo [2016]38 SR (NSW) 700 a. Banerji, M. (2011).Raising the bar: trade mark oppositions in Australia.Journal of Intellectual Property Law Practice, 6(12), pp.850-852. Beale v. Taylor [1967]1 WLR 1193 (Court of Appeal) Seller - BTC - 1110. Corones, S. (2011). The Australian consumer law.Rozelle, N.S.W.: Thomson Reuters (Professional) Australia. David Jones v. Willis [1934]HCA 47 - 52 CLR 110. Intellectual property law.(2005). Commonwealth Law Bulletin, 31(4), pp.163-167. Jain, S. (n.d.). Contracts of Sale: Terms, Conditions and Warranties with Special Reference to Sale of Goods Act, 1930. SSRN Electronic Journal. Merrilees, B. and Cotman, N. (1976).An Economic Analysis of Consumer Protection Law.The Australian Quarterly, 48(1), p.79. Miller, R. (2011). Miller's Australian Competition and Consumer Law annotated. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia. Nottage, L. (2010). The New Australian Consumer Law: What About Consumer ADR?.QUT Law Review, 9(2). Ventose, E. (2015). Patent protection for isolated genes in Australia.Journal of Intellectual Property Law Practice, 10(3), pp.148-150. YEUNG, K. (2005). Does the Australian Competition and Consumer Commission Engage in "Trial by Media"?*. Law Policy, 27(4), pp.549-577.
Sunday, December 1, 2019
The JFK Assassination Essays (1438 words) -
The JFK Assassination: Conspiracy or Single-gunman? Adolf Hitler, the Nazi dictator of Germany during World War II, once said, "The bigger the lie, the more people will believe it." Although this may sound ludicrous, we can see many example of this in the world's history. One example would have to be the John Fitzgerald Kennedy assassination. For over thirty years the people of the United States were led to believe that a single gunman shot and killed Kennedy in Dallas on November 22, 1963, at 12:30 p.m... However, in this paper, I will dispute the ancient analization of the facts that show a single gunman was involved, and try to show that a conspiracy must have been present. According to the old facts regarding the case of the JFK assassination, Kennedy was killed by a single gunman. On November 22, 1963, at 12:30 p.m. CST (Central Standard Time), Kennedy was riding in an open limousine through Dallas, Texas. At this time, Kennedy was shot in the head and neck by a sniper. He was then taken to Parkland Memorial Hospital, where he was pronounced dead. Later, police arrested Lee Harvey Oswald, a former U.S. Marine, at a nearby theater. By the next morning, Oswald was booked for the murder of President John F. Kennedy. Two days later, Oswald was killed by Jack Ruby, a Dallas nightclub owner, while he was being moved from the city to the county jail. At a glance, the above story sounds as if this should be an open-and-shut case. After all, according to the facts above, Oswald must have killed Kennedy. However, you must take a deeper look into this case. Many people who witnessed the murder of John F. Kennedy dispute the facts above, saying that they heard shots from places besides the book depository, and other things that may contradict what is stated above. One of these Marino, 2 witnesses, Abraham Zapruder, captured the entire assassination on his Bell and Howell eight millimeter movie camera. This movie, cleverly called the Zapruder Film, is the single best piece of visual evidence in this case. In order to more clearly understand the Zapruder Film, it is necessary to break it down into frames. The particular Bell and Howell movie camera that Zapruder was using ran at eighteen and three-hundredths (18.3) frames per second. When using this frame system, you must remember that all shots were actually fired several frames before the number that is assigned to them. For example, the fatal heard wound, called Z313, was probably fired at Z310, since it took 2-3 frames at 18.3 frames per second for the bullet to reach the victim. Also, you must remember that sound travels at about one thousand-one hundred (1,100) feet per second, or a little over half as fast as the Mannlicher Carcano's bullets. When keeping this in mind, it is expected that witnesses heard the shot at some point after the bullet passed. The following shows a break down of the frames of the Zapruder film: - The Presidential limousine first comes into view at frame 133 (the starting point of this timeline.) - The first shot at (or just before) Z187 would have passed through both Governor Connally and the President. Marino, 3 - The second shot, which passed above the limousine at Z284, missed the President and hit the curb near witness James Tague. This caused his minor would. - At Z313, the fatal shot occurs, which blew out major portions of the Presidents brain and skull. - A fourth shot occurred at Z323 (slightly 1/2 second after the fatal wound at Z313). Due to the proximity of this report to the one at Z313, as well as it's more distant origin, most witnesses were unable to hear this shot. Thus, the above is when the bullets hit either Kennedy or Connally, or passed through the frames of the Zapruder film (in the case of the second shot). Of the one-hundred seventy-eight (178) witnesses at Dealey Plaza, one-hundred thirty-two (132) said that they hear exactly three shots. If Oswald was a single gunman, it would have taken him at least 2.3 seconds to reload his Mannlicher Carcano rifle. However, the general consensus of the witnesses is that they
Tuesday, November 26, 2019
Personal Narrative The Diagnosis Essay Example
Personal Narrative The Diagnosis Essay Example Personal Narrative The Diagnosis Essay Personal Narrative The Diagnosis Essay Essay Topic: Narrative Its been 10 long months of having restless nights and going back and forth to the hospital.I remember walking into Smilow Cancer hospital for the first time. I didnt know what to expect really.I just thought that it would be a depressing place, but its not. All the patients are so positive and full of joy.At the time I didnt understand why, but now I do.It was because they made it through one more day, and beat cancer before it beat them. December 22, 2013.I was in the medical transportation with my grandmother ( I call her Nana) heading back home.I got a room call from where we had just left.It was my mother. She said that there was something wrong with her and to write something down but she had no idea what it was because he was just walking around and finishing up her Christmas shopping!The driver noticed my urgency and handed me the note pad. I did t know what was going on, but at the same it, I knew. I knew that my mom was ill form the start. I even did some research about two weeks before.Her thyroids were inflamed, she was weak and always drowsy, run down. I know what your thinking, YOU CANT ALWAYS TRUST THE INTERNET. Like my father says.Now, Im no doctorbut cancer is far too familiar with my family. December 23,2013. I was just at my dads house celebrating Christmas because my mom was in the hospital he was willing to switch the visitation time so I can be with her for Christmas.Me, still not knowing exactly whats wrong, just thought that he was overreacting, but it was nice of him.As I was walking down the hall making my way to her room, the smells gave me flashbacks of when my grandmother used to be at the hospital all the time because of her series of mini strokes (Ive lost count). The general smell was that powder for the gloves that the doctors and nurses put on and clean sweat There really isnt any other way to describe it. I came to room 204 that displayed my moms name. I to
Saturday, November 23, 2019
The Meanings of Sarah Palins Childrens Unusual Names
The Meanings of Sarah Palin's Children's Unusual Names Many questions have been raised about the unusual names of Sarah Palins children . They werent randomly chosen. In fact, the former Alaska governor and vice presidential candidate and her husband, Todd Palin, selected names that reflect the familys personal history and shared passions. Track Palin Track, the familys first-born son, was given that name because of the familys longstanding interest in sports. Sarahs parents were coaches, Todd was a high school athlete, and Sarah is an avid runner. Their first child was born during the track season. Track made news in January 2016 when he was charged in a domestic violence case in which his girlfriend said he punched her and threatened suicide. Palin was charged with three misdemeanors and pleaded guilty on a weapons charge. The other charges were dismissed. Sarah said her sonââ¬â¢s arrest stemmed from post-traumatic stress disorder after a military deployment in Iraq. In December 2017 Track was charged with felony burglary, fourth degree assault against his father, and criminal mischief for causing property damageà at his parents home. According to court documents, the dispute was over a truck that Track wanted to borrow; his father declined because Track allegedly had been drinking and taking pain medicine. He was ordered to spend a year in custody in October 2018 after a third alleged assault when a judge ruled the allegation disqualified him from a therapeutic veterans program following a previous assault case. Bristol Palin The couples oldest daughter is named after Bristol Bay, an area where Todd grew up. Bristol Bay is also the site of the familys commercial fishing interests. Willow and Piper Palin The Palins havent identified the significance of their other two daughters names, but the meaning is likely rooted in aspects of the regions culture and way of life. Willow is the name of a small Alaskan community near the family home in Wasilla. Piper may have come from the name of the popular bush plane the Piper Cub, which is commonly used in Alaska. In a People magazine interview, Todd was quoted as saying, Theres just not too many Pipers out there, and its a cool name. Trig Paxson Van Palin Trig Paxson Van Palin is the couples youngest child. According to governors spokeswoman Sharon Leighow in a statement shortly after his birth, Trig is Norse and means true and brave victory. Paxson is a region in Alaska the couple favors, while Van is a nod to the rock group Van Halen. Before Trigs birth, his mother had joked about naming her son Van Palin, a play on the bands name. Trigs birth was a source of controversy and blogosphere rumors. Palin, according to her book Going Rogue, didnt tell anyone about her pregnancy with their fifth child except her husband. There were rumors that Bristol, not Sarah, was Trigs mother, but the allegations were largely disproved. Sources: Shapiro, Rich. Whats in the Palins childrens names? Fish, for one. nydailynews.com.Sutton, Anne. Palin welcomesà fifth child, a son named Trig Paxson Van Palin. Fairbanks Daily News-MinerWestfall, Sandra Sobieraj. John McCain Sarah Palin on Shattering the Glass Ceiling people.com nbcnews.com, Track Palin, son of Sarah Palin, arrested on domestic violence charges against dad
Thursday, November 21, 2019
Analysis of the Business Cycle Essay Example | Topics and Well Written Essays - 1000 words
Analysis of the Business Cycle - Essay Example The United States unemployment rate in May 2011 was 9.1 percent slightly higher than that of April 2011 which was 9 percent. Employment rates in government sectors continued to decline while job opportunities were generated in private sector, health care and mining. The number of unemployed person in May 2011 was 13.9 million. Inflation rate in United States has a continuously rising trend. It has systematically increased from 1.6 percent in January 2011 to 3.13 percent in June 2011. While in April and may it sustained on 3.2 percent. United States economy growth rate has greatly decelerated since last few years the above analyzed data shows that United States economy is in a phase of slow recovery with its 3.3 percent GDP growth rate. There had been fluctuations in inflation and unemployment rate- slight increases and decreases and some times the rate sustained at one level. The growth rate here is very slow and it is insufficient for the recovery of United States economy. With the same growth rate it can be projected that the recovery of the economy will speed up in 2015. By bringing down the inflation and unemployment rate and increasing the GDP growth rate United States can fasten up its recovery stage. There had been high rising trends in United States GDP growth rate. It was the highest in the year 1990 with an amazing growth rate of 10.5 percent. A monopolistic firm has to analyze the GDP growth rate, inflation rate and unemployment rate of the economy very carefully as these aspects can have a direct effect on its labor cost and sales rate. As we can see a rising trend in GDP growth it shows that the whole economy is in function and there is an increase in aggregate demand which in turn increases the inflation by demand pull and cost push. At this stage a competitive monopolistic firm must increase its sales as there is a huge amount of money facing a little amount of goods. An increase in sales can occur when the GDP growth rate is increasing along wit h the inflation rate. But when there is a negative trend of gross domestic product a monopolistic firm may face a reduction in its sales rate. Because the economy is functioning in a slow manner the aggregate demand decreases and therefore the firms have to cut down their sales in order to avoid losses. The functioning of a competitive monopolistic firm here would be that it would increase its sales because the data shows an increase in GDP growth rate from 1.8 percent to 3.3 percent which in turn has increased the inflation rate as well from 1.6 percent to 3.13 percent. The monopolistic firm should also cut down its labor cost very cautiously. The wages cost is comparatively lower when the unemployment rate is low and it is slightly higher when the unemployment rate is high. Here the unemployment rate is increasing, as it was 9 percent in April and 9.1 percent in May and the monopolistic firm can cut down its cost but the firms should keep in concern that the labor or wage cost inc reases with the increase in GDP. If the firm will not keep an eye on increasing GDP rate and will cut down its cost to the minimum limit then a competitive firm will become uncompetitive because when the economy picks up and the Gross Domestic Product rises the increase in labor or wage cost may faster than the increase in sales of the firm. Under the present circumstances the firm can cut down its cost slightly and should keep a precautious look on GDP growth rate and unemploy
Tuesday, November 19, 2019
Business in South Africa Coursework Example | Topics and Well Written Essays - 4250 words
Business in South Africa - Coursework Example With the aid of the SWOT and PEST analytical models, it was determined that the South African e-commerce sector is indeed a lucrative one, despite the ongoing global financial crisis, which started way back in 2007. Therefore, it is recommended that Google penetrates the South African market by creating an online community portal only, while maintaining its main operations in the United States. Module 1: IDENTIFYING GLOBAL BUSINESS OPPORTUNITIES Business Idea As one of the world-renowned providers of information through search engine services, Google is trying to expand its coverage not only in the Asian subcontinent, but into the African territory as well. That is why, the current paper will study the various points for consideration, particularly the strategic implications of such a move on the companyââ¬â¢s operations and financial conditions. The service will not just include providing Internet for the community per se, but it will also include providing the community with a p lace for socialization online, complete with business advertising, contacts, community information and the like (Modise, 2011). Such type of service would be a novel package for Google because the pioneer for such business venture is ITEC with its Portal de Ciudad website package in Spain (ââ¬Å"Interview withâ⬠, 2010). Utilizing the simplest, yet one of the most valuable analytical tools, such as SWOT analysis, PEST analysis and Porterââ¬â¢s Five Forces model, the different key merits of conducting such a market penetration strategy would be identified and later incorporated into a strategic implementation process, which would also be outlined in the current paper. Potential Markets Google has a large variety of products and... Determining and analyzing Googleââ¬â¢s opportunities in the South African market would require the utilization of two analytical methods, namely SWOT and PEST. Analyzing the immediate environment using the SWOT model would allow for a better understanding of the companyââ¬â¢s strengths, opportunities and threats, all of which are vital for the success of our business venture in an entirely new locale of operations.The current paper discusses various political, economic, socio-cultural and technological conditions that have an impact on Googleââ¬â¢s international strategy, particularly in maintaining its spot as a well-known search engine service provider all over the globe, while endeavoring to penetrate the booming South African e-commerce market. With the aid of the SWOT and PEST analytical models, it was determined that the South African e-commerce sector is indeed a lucrative one, despite the ongoing global financial crisis, which started way back in 2007. Google network ing system in South Africa will be a vital factor in the development of this country. As a result everything will be improved. From the finding of cheaper products will enhance the profits of our harbors because of the lower outside influences on countries to trade within our harbor, thus creating a larger market of opportunity. The adaptation of Google falls into a demand whereas not to many family have access to the internet. The solution in this case will be a decision whereas charity will grow for the potential use of schools in almost every region of South Africa.
Sunday, November 17, 2019
Operant Applications Essay Example for Free
Operant Applications Essay Self actualization is at the pinnacle of Maslowââ¬â¢s Hierarchy of Needs which examines the order by which human actions are geared towards. According to Maslow, in order to have the other needs, the basic needs have to be satisfied first . Only upon satisfying the physiological needs are the other needs considered. As such, the graduation in level suggests that self-actualization is the most difficult level to attain because of the preconditions that need to be satisfied in order to advance. According to Maslow, this is the most difficult to achieve due to its nature. It is not an absolute fact but is relative and therefore difficult to attain. The teachings of Maslow have shown that due to the relative nature of self actualization it is possible that a person may have achieved this but has not realized such and is therefore incapable of self actualization. In order to be self actualized, Maslow stated that there is a need for inner exploration and action. Man needs to realize his internal self and come to terms with such. It is this motivation which leads a person to self-actualization. This is problematic on several levels which explains why Freud had a different perspective on the matter. While Maslow derived his theory from Freud, Freudââ¬â¢s teaching was different in that these innate impulses are caused by the developments in the human psyche and the subconscious. There is no innate mechanism but rather the logical effect of the interactions of the different personalities and parts of the human mind. The motivation comes not from the desire for self-actualization but from human behavior. From a cognitive point of view, this hierarchy of needs and self actualization is a function of the perturbations that an autonomous system needs. It is not so much self actualization, from this perspective, as it is the perceived competence to satisfy the basic needs in due time. There are, therefore, three main components, material, cognitive and subjective. As such, self actualization is hampered by subjective incompetence which is caused during childhood that act as an inhibitor preventing the further development of cognitive competence.
Thursday, November 14, 2019
internet government control :: essays research papers
In the 21st century we live in an economy, relatively unhindered by the government, a policy called ââ¬Å"lassier faireâ⬠which allows the market to run without the governmentââ¬â¢s control. Although there is a certain invisible hand that the government posses to ensure that monopolies, or any of the harmful businesses are being operated to ensure safety for the average citizen. ââ¬Å"Napsterâ⬠founded by Shawn Flanning is a web site which can be joined on any home computer with access to the internet, where there after can trade and download virtually any song that person desires. For this simple reason this website is under attack from lawsuits coming from the music industry. à à à à à Musicians are at the head of the charge aimed against Napster for the exploitation of their music. A panel of U.S circuit of appeals that are a panel of judges ruled that Napster is in a violation of copyright infringements. It is a way to receive music without actually purchasing it and some many companies feel for the loss of revenues Napster should pay royalties or seize to exist. The RIAA, which represents many record companies, filed a federal lawsuit against Napster just months after the song trading website began in 1999. The lawsuit claims that Napster could rob the music industry of billions of dollars in lost profits. à à à à à In defense against the courts, and angry musicians founder Shawn Flanning has stated ââ¬Å" any decision the courts decide to enforce will be heavily matched with appeals to keep Napster goingâ⬠according to the NY times. Also quoted saying ââ¬Å"Napster works because people who love music share and participate, people said it wouldnââ¬â¢t survive Page 2 when there was only 700,000 users, and again when there was 17,000,000 members, now today we have more than 50 million members, and weââ¬â¢ll find a way to multiply and stay aroundâ⬠. à à à à à The court found that Napster had infringed upon copyright holdersââ¬â¢ rights to control the reproduction and distribution of their music, also stating that the recording industry would likely prevail. Having the preliminary injunction smack on Napster last July only to overturned being found to be ââ¬Å"overbroadâ⬠and must be redrawn.
Tuesday, November 12, 2019
RC Cola Case Essay
As we all know that Coca-Cola, Sprite, Pepsi are very famous drinks all over the world as well as Bangladesh. We canââ¬â¢t find single person who doesnââ¬â¢t like soft drinks. Mainly our young generation preferred to drinks. Now days there are many soft drinks company are coming continuously like Euro-Cola, RC Cola etc. Most of them are tastes are quite similar. Popularity of RC Cola is rapidly increasing day by day. In a small town, city even in villages RC Cola is available. RC Cola has taken a very strong place in peopleââ¬â¢s heart within very short time. One of the reasons is its price and another reason is its taste. The first line of beverages was named ââ¬ËRoyal Crownââ¬â¢ and the first Cola was called Chero-Cola. Activities of the Management: Different activities of the management in RC Company Ltd. are given below: Planning: The overall planning approach in RC Company Ltd. is top-down. The seven members of the Board of Directors are responsible for the strategic planning and overall policy guidelines of the Company. Mainly the top level management plans al the long term and short term planning. ââ" Expansions of its products and sales are the long range planning. How can expand its products, sales and how it will be financed to earn more profit are its long term planning. * The lower level management of RC Company Ltd. makes short term plans. The management makes the plans of daily activities of the Company. Today or tomorrowââ¬â¢s work schedule making is the part of short term planning of RC Company Ltd. Organizing: Planning of the management of RC Company Ltd. establishes the goals of the company and how they are to be achieved. Organizing develops the structure to reach these goals. The CEO, Managing Director, Deputy Managing Director and Head of Factory are responsible for achieving business goals and overseeing the day to day operation. Co-ordinating: The CEO and Managing Director of the Company are assisted by a senior Management Group consisting of Deputy Managing Director and Head of Factory centrally and co-ordinates operations of offices. Management of RC Company Ltd. also trains their labors, so that they can get better performances from their labors. Directing: Through the planning the management of RC Company Ltd. builds climate, provides leadership and arranges the opportunity for motivation. Manager of the factory and offices plans and oversees the work of each of his or her sub-ordinates. Directing is aimed at getting the members of the Company to move in the direction that will achieve Companyââ¬â¢s objectives. Controlling: The management approach in RC Company Ltd. is authoritative. Tasks are designed in such a way that one cannot leave without completing it as he is assigned for a day. Sitting arrangement in the factory and all offices is done in a way that the superior can monitor the sub-ordinates all the time. Budgeting, rewarding, punishing etc. are also practiced as control mechanism. Product planning: * RC Company designs the product according to the USA brand. * Import the raw materials from USA. * Assess the need of the market. * They assess the product cost and the price of the product in the market. * Import the machineries from USA. * They follow the production method of the foreign product. Production Method and Design: Most of the flavors of RC Cola are as concentrates, which are rigorously analyzed toensure the quality specifications. Each concentrate lot is coded and packaged, thenshipped on for the next step ââ¬â the addition of sweetener and water to the concentratesto produce syrups for cola.The quality standards are very high. Mixing tanks must be of a specified grade of stainless steel. The entire syrup manufacturing system must employ hot sanitation. Precise control over water and sweetener components must be demonstrated. And,quality control professionals must oversee each step of the process. RC syrups start with fresh water, treated by using a multiple barrier filtration process.In one tank there are two large mixers, which look like wheels from outside. There tons of sugars are added to produce syrup. Then the syrup is transferred to the other tank where it is refined. After that it is kept under the Ultra Violet (UV) ray to cleanthe germs. In another tank the flavors are mixed. Finally it is transferred to thecarbonated chamber. Throughout the manufacturing process, they take special careto ensure that every step ââ¬â from the selection of ingredients to the calibration of equipment ââ¬â requirements. The final step is to verify that their efforts have been successful by testing the syrups for taste and adherence to their formula. Product and Customer solution: RC cola is a soft drink. We get it as a bottled drink. We get it in different size, quantity and taste. It contains calories, carbohydrate and sugar. There is no fat, protein and sodium. But diet cola has no sugar. We get it in different colors and flavors. It has no harmful element. It is a refreshing drink for all classes of people. RC is a product that consists of the basic physical offering and an accompanying set of images and services features that seek to satisfy needs. RC Cola is also that type product. Price and Customer cost: Price depends on its quantity. It is expected to all because the price is reasonable. We get it within 15-50 taka. Though the cost to market the product in the rural area is bit high, the price is same both to the urban and rural area. Pricing decisions are influenced by now responsive a target market is high or low price, the physiological created by prices and the actions of competitors. Inventory control: Inventory control balances the need for adequate stock against the costs of purchasing, handling, storing and keeping records on it. It is an attempt to keep enough material on hand to satisfy production requirements and at the same time avoid tying up too much capital in inventors. RC can keep its raw materials very well because if they do not keep their materials well they can face a heavy loss. Materials management: RC cola is a soft drink. To prepare it needs some elements that are very essential for it. The RC Company buys its raw materials from home and aboard. The RC Company establishes performance specification for required item, or accepts supplierââ¬â¢s specification. Department that needs submits purchase requisition to purchasing agent. Purchasing agent sends purchase order to supplier. Purchasing agent follows to confirm item will be delivered according to terms. Goods ââ¬â received and inspected by the inspector of RC Company Promotion and Communication: Advertising is the main way of promoting new flavor and new design product. When the product is launched the company gives ads to the electronic media and paper media to create concentration of the people. When the new product is launched the company give discount in product. They offer several types of free gift with the newly launched product. Promotional strategy is the second element of the marketing mix. It involves the correct blending of advertising, publicity to create the promotional mix. Product and Customer solution: RC cola is a soft drink. We get it as a bottled drink. We get it in different size, quantity and taste. It contains calories, carbohydrate and sugar. There is no fat, protein and sodium. But diet cola has no sugar. We get it in different colors and flavors. It has no harmful element. It is a refreshing drink for all classes of people. RC is a product that consists of the basic physical offering and an accompanying set of images and services features that seek to satisfy needs. RC Cola is also that type product. Price and Customer cost: Price depends on its quantity. It is expected to all because the price is reasonable. We get it within 15-50 taka. Though the cost to market the product in the rural area is bit high, the price is same both to the urban and rural area. Pricing decisions are influenced by now responsive a target market is high or low price, the physiological created by prices and the actions of competitors. Responsibility to the Environment: Water pollution- Water pollution is caused by the dumping of toxic chemicals, sewage and garbage into rivers and streams. To keep the water pollution free, steps are strictly maintained by the RC Company people. Air pollution-Air pollution caused by carbon-monoxide and hydrocarbons that come from motor vehicles and by smoke and other pollutants from manufacturing plants. From the RC Company these gasses are not exhausted. Only very low amount of smoke exhausts from generators. Land pollution-Land pollution results from strip mining of coal and minerals, forest fires, garbage, disposals and dumping of industrial wastes including chemicals. RC Company is not caused any kind of land pollutions. Responsibility to Investors: Company also has a responsibility to the people who invest money to them. Proper management of funds-RC Company manages funds properly so as to return a fair profit to investors. Managers have a responsibility to thoroughly investigate their investments and to clearly present all facts and risks to investors. Access to information-RC Company has the responsibility to make stock information available to all potential investors. Executive compensation-Executives who run company carry tremendous responsibility and deserve to be compensated accordingly. A fair compensation program definitely rewarded executives for out-standing performance. Conclusion: The management approach differs from organization to organization. But all types of organization apply mare or less some common functions such as planning, marketing, HRM, co-ordinating and production. RC Company Ltd. successfully applies management functions in its operations. As a result, today RC Company deserves top position in the market of soft drinks.
Sunday, November 10, 2019
Black Men and Public Spaces Essay
In ââ¬Å"Black Men and Public Spacesâ⬠Brent Staples reveals his experiences with different individuos in all kind of public areas. Staples talk about how people stereotype black men as a violent and dangerous individuals because of their appearance and the color of their skin. In the past when black men was associated with the word murderer or thieves or rapist or all kind of bad things people were afraid on being next to them. When Staples started the story saying ââ¬Å"My first victim was a womanâ⬠and he specify (white) make it seems like he wasnââ¬â¢t the victim of this woman when he follows saying ââ¬Å"After a few more glimpses, she picked up her pace and was soon running in earnest.â⬠What the narrator is doing is letting know that people shouldnââ¬â¢t judge because of the others appearances. In the whole story Staples is leaving the clear concept of people will always see black men as a threat because of his race. The sad part is that the narrator is not saying that this happen long time ago is just like a decade ago when he mention about studying at the University of Chicago and then moved to New York. It make it seems that no matter when or where black men being dangerous or being involved in criminal activity does not leave the worldââ¬â¢s general schema, people still see black men related to the word dangerous.The title is ironic because public space is supposedly available to everyone but, socially speaking, that does not appear to be that way for black men, even in todayââ¬â¢s society. Staples demonstrates his struggle for acceptances from people whom are scared of him. He goes on to say that he now takes precautions to avoid situations he has experienced. He now whistles melodies from Beethoven and Vivaldi when he takes walks at night because no one will assume a mugger knows classical music. Instead of people crossing to the other side of the street, heââ¬â¢ll keep his distance from those that may seem skittish of him. It seems that he does all this just to fit in to society. None of this will change the way black men are stereotyped. I was walking with my daughter one night around seven pm., and crossing theà street inside the parking lot mall this black woman was speeding like she was on the outside streets, We were slow walking on the street to reach our car and she got so angry and get out of her car and approach to me with the intention clear of fight me, she was a very heavy black young woman maybe on her middle twenties, she was screaming at my face ââ¬Å"Do you have a problem with me?â⬠I said many time no I donââ¬â¢t please leave me alone but my daughter who was fourteen by that time and to innocent of the danger we were on, told her ââ¬Å"You shouldnââ¬â¢t be speeding inside the parking lot and talking on the phoneâ⬠that was enough to her to start beating up my daughter. This was a really nasty experience that we will never want to repeat and since then we try to avoid on many ways to confront a black person. We call 911 and the police man who came was a black police who said this words ââ¬Å"For people like that woman is that we have bad reputationâ⬠I think no matter when or where and no matter the race or color we need to be careful on how to conduct ourselves at public spaces. Stereotypes affect individuals regardless of race, sex, or religion. The narrator tell many time he was mistaken as a criminal for being black and six feet two inches tall with a beard and billowing hair, when he enter to the jewelry and the proprietor excuse himself just to get his enormous red Doberman Pinscher and he has to leave, or when he was mistaking as a reporter for the killer, police officers hauled him from his car at gunpoint. Black men on public space will continue to experience these situations. We cannot change the way people think and judge. Unfortunately the majority of black men, who are criminals, will continue to give a bad reputation for those that are not. We live in a world where we have to be in high alert to maintain unharmed. Thereââ¬â¢s no reason for anyone to feel the obligation or need to act a certain way so those that are judging them can feel a sense of security, the way Brent Staples did. As long as you know youââ¬â¢re not that type of person, you cannot let someoneââ¬â¢s judgment stop you from succeeding and proving that you are not a statistic.
Thursday, November 7, 2019
Modern-Day Film Version of A Tale of Two Cities essays
Modern-Day Film Version of A Tale of Two Cities essays The year is 2001. Chuck Dickens has just finished work on his eighth major motion picture at Universal. Each of his films grosses higher than the one before. He's the hottest screenwriter in this day and age. Is this real? Well, no. But could it have possibly been? Of course. What would Charles Dickens be like if he was alive today and writing for television or motion pictures? Would he be as popular now as he was in the nineteenth century? What kind of stories and characters would he create? Who would star in his works, such as A Tale of Two Cities? These questions are easily answered. Dickens was a writer of great popularity during his lifetime. His characters captured the hearts and imaginations of his readers. His novels were affordable to the public, due to the fact that they were published in small segments or serials. His style of writing would not change. Dickens was able to write books that were obscure and experimental, yet could engage the passions of the people. Current novelists today, such as Steven King, use intertwining plots and quick pacing like Dickens did. If Dickens lived in the present day, he would undoubtedly be just as popular as he was during his own time. Charles Dickens' writing was known to be steeped in social criticism. Having lived in industrialized England, he noticed the plight of the urban poor. He was passionate about better provision for the poor and a better standard of living and the spread of standard education for all. Although these problems were overcome by the twentieth century, there are still many issues in which Dickens would have written about. Some such issues could be the corrupt police force, child prostitution, and abusive parents. Dickens' stories would continue to address many social problems, as they did in the past. Dickens' characters would also have the same characteristics as those from his previous novels. Some characters, such as Madame Defarge and ...
Tuesday, November 5, 2019
Major General Winfield Scott Hancock - Biography
Major General Winfield Scott Hancock - Biography Winfield Scott Hancock - Early Life Career: Winfield Scott Hancock and his identical twin, Hilary Baker Hancock, were born February 14, 1824 at Montgomery Square, PA, just northwest of Philadelphia. The son of school teacher, and later lawyer, Benjamin Franklin Hancock, he was named for noted War of 1812 commander Winfield Scott. Educated locally, Hancock received an appointment to West Point in 1840 with the aid of Congressman Joseph Fornance. A pedestrian student, Hancock graduated in 1844 ranked 18th in a class of 25. This academic performance earned him an assignment to the infantry and was commissioned as a brevet second lieutenant. Winfield Scott Hancock - In Mexico: Ordered to join the 6th US Infantry, Hancock saw duty in the Red River Valley. With the outbreak of the Mexican-American War in 1846, he received orders to oversee recruiting efforts in Kentucky. Successfully fulfilling his assignment, he continually requested permission to join his unit at the front. This was granted and he rejoined the 6th Infantry at Puebla, Mexico in July 1847. Marching as part of his namesakes army, Hancock first saw combat at Contreras and Churubusco in late August. Distinguishing himself, he earned a brevet promotion to first lieutenant. Wounded in the knee during the latter action, he was able to lead his men during the Battle of Molino del Rey on September 8 but soon was overcome by fever. This prevented him from taking part in the Battle of Chapultepec and capture of Mexico City. Recovering, Hancock remained in Mexico with his regiment until the signing of the Treaty of Guadalupe Hidalgo in early 1848. With the end of the conflict, Hancock returned to the United States and saw peacetime duty at Fort Snelling, MN and St. Louis, MO. While in St. Louis, he met and married Almira Russell (m. January 24, 1850). Winfield Scott Hancock - Antebellum Service: Promoted to captain in 1855, he received orders to serve as the quartermaster at Fort Myers, FL. In this role he supported US Army actions during the Third Seminole War, but did not take part in the fighting. As operations wound down in Florida, Hancock was transferred to Fort Leavenworth, KS where he aided in combating partisan fighting during the Bleeding Kansas crisis. After a brief period in Utah, Hancock was ordered to southern California in November 1858. Arriving there, he served as assistant quartermaster under future Confederate commander Brigadier General Albert Sidney Johnston. Winfield Scott Hancock - The Civil War: An avowed Democrat, Hancock befriended many Southern officers while in California, including Captain Lewis A. Armistead of Virginia. Though he did not initially support the Republican policies of newly-elected President Abraham Lincoln, Hancock remained with the Union Army at the beginning of the Civil War as he felt that the Union should be preserved. Bidding goodbye to his southern friends as they left to join the Confederate Army, Hancock travelled east and initially was given quartermaster duties in Washington, DC. Winfield Scott Hancock - A Rising Star: This assignment was short-lived as he was promoted to brigadier general of volunteers on September 23, 1861. Assigned to the newly formed Army of the Potomac, he received command of a brigade in Brigadier General William F. Baldy Smiths division. Moving south in the spring of 1862, Hancock saw service during Major General George B. McClellans Peninsula Campaign. An aggressive and active commander, Hancock mounted a critical counterattack during the Battle of Williamsburg on May 5. Though McClellan failed to capitalize on Hancocks success, the Union commander informed Washington that Hancock was superb today. Seized upon by the press, this quote earned Hancock his nickname Hancock the Superb. After taking part in the Union defeats during the Seven Days Battles that summer, Hancock next saw action at the Battle of Antietam on September 17. Forced to take command of the division after the wounding Major General Israel B. Richardson, he oversaw some of the fighting along the Bloody Lane. Though his men wished to attack, Hancock held his position due to orders from McClellan. Promoted to major general on November 29, he led the First Division, II Corps against Maryes Heights at the Battle of Fredericksburg. Winfield Scott Hancock - At Gettysburg: The following spring, Hancocks division helped cover the withdrawal of the army after Major General Joseph Hookers defeat at the Battle of Chancellorsville. In the wake of the battle, the II Corps commander, Major General Darius Couch, left the army in protest of Hookers actions. As a result, Hancock was elevated to lead II Corps on May 22, 1863. Moving north with the army in pursuit of General Robert E. Lees Army of Northern Virginia, Hancock was called into action on July 1 with the opening of the Battle of Gettysburg. When Major General John Reynolds was killed early in the fighting, new army commander Major General George G. Meade sent Hancock ahead to Gettysburg to take command of the situation on the field. Arriving, he took control of Union forces after a brief squabble with the more senior Major General Oliver O. Howard. Asserting his orders from Meade, he made the decision to fight at Gettysburg and organized Union defenses around Cemetery Hill. Relieved by Meade that night, Hancocks II Corps assumed a position on Cemetery Ridge in the center of the Union line. The next day, with both Union flanks under attack, Hancock dispatched II Corps units to aid in the defense. On July 3, Hancocks position was the focus of Picketts Charge (Longstreets Assault). During the artillery bombardment that preceded the Confederate attack, Hancock brazenly rode along his lines encouraging his men. In the course of the subsequent attack, Hancock was wounded in the thigh and his good friend Lewis Armistead was mortally wounded when his brigade was turned back by II Corps. Bandaging the wound, Hancock remained on the field for the rest of the fighting. Winfield Scott Hancock - Later War: Though he largely recovered over the winter, the wound plagued him for the remainder of the conflict. Returning to the Army of the Potomac in the spring of 1864, he took part in Lieutenant General Ulysses S. Grants Overland Campaign seeing action at Wilderness, Spotsylvania, and Cold Harbor. Arriving at Petersburg in June, Hancock missed a key opportunity to take the city when he deferred to Baldy Smith, whose men had been fighting in the area all day, and did not immediately assault the Confederate lines. During the Siege of Petersburg, Hancocks men took part in numerous operations including fighting at Deep Bottom in late July. On August 25, he was beaten badly at Reams Station, but recovered to win the Battle of Boydton Plank Road in October. Plagued by his Gettysburg injury, Hancock was forced to give up field command the following month and moved through a series of ceremonial, recruiting, and administrative posts for the remainder of the war. Winfield Scott Hancock - Presidential Candidate: After supervising the execution of the Lincoln assassination conspirators in July 1865, Hancock briefly commanded US Army forces on the Plains before President Andrew Johnson directed him to oversee Reconstruction in the 5th Military District. As a Democrat, he followed a softer line in regard to the South than his Republican counterparts elevating his status in the party. With the election of Grant (a Republican) in 1868, Hancock was moved to the Department of Dakota and Department of the Atlantic in an effort to keep him away from the South. In 1880, Hancock was selected by the Democrats to run for president. Squaring off against James A. Garfield, he narrowly lost with the popular vote being the closest in history (4,454,416-4,444,952). Following the defeat, he returned to his military assignment. Hancock died at New York on February 9, 1886 and was buried at Montgomery Cemetery in near Norristown, PA.
Sunday, November 3, 2019
Human Anatomy Term Paper Example | Topics and Well Written Essays - 750 words
Human Anatomy - Term Paper Example The primary thing that needs to be considered is the basal metabolic rate that regulates the amount of calorie expended by the body for existence. Definitely as the net body mass becomes low on shrinkage with lowered bone density and body fat, the lowered calorie intake induces the body to burn lesser energy. Lowering of BMR is somewhat a self induced adjustment due to the metabolic changes associated with shrinkage helping the body to function as an efficient energy saver, thereby burning lesser calories. (United Nations University, 2008) The next important adaptation related to the shrinkage must be a lower cardiac output due to the lower aerobic capacity. The lowered cardiac output that is the extent of oxygen transport from the heart to the cells of the body is related to the overall cardiovascular requirements of the body. A low cardiac output is definitely coupled with the lowered tidal volume of respiration in a reduced body with a decrease in the cardiac tissue mass. There is a formidable relationship between body mass, body size and blood pressure level. In fact blood pressure has been found to vary directly to the body height. The body being smaller in size hardly requires much pumping pressure to transmit blood to the rest of the body. Hence, lowered blood pressure is an essential physiological adjustment the body makes in order to go with the small stature after the shrinkage. Heartbeat Rate Due to the lowered blood pressure and cardiac output proper blood circulation demands more heart beats for a smaller sized body as compared to a larger one. This is, in fact, seen in case of smaller animals that have a faster heartbeat rate than humans. As a matter of fact the heartbeat rate in mammals varies inversely to the fourth root of the body weight measured in kilograms. Amino Acid Metabolism The protein - energy relationship is a significant parameter that adjusts itself with the other physiologic conditions during phenomenon of shrinkage. Amino acids required as essential substrates for protein synthesis are necessary for energy production along with increased body weight and stature. Therefore shrinkage essentially involves an adaptable lowered rate of amino acid metabolism, thereby curbing the extent of fat production leading to protein synthesis at a lower profile than in regular sized individuals. Ammonia and Urea Metabolism With a smaller stature the dietary requirements become lower and result in lowered amino acid intake thereby reducing the production of ammonia and urea in the liver. Moreover due to a lowered extent of protein synthesis, the essential enzymes like urease and protease are synthesized accordingly in sparse quantities compared to the normal sized individuals decreasing the production of ammonia to perfectly go with the smaller stature after shrinkage. References 1. "Low BMIs, BMRs and Energy Requirements", 2008, United Nations University, retrieved from: http://www.unu.edu/unupress/food2/UID10E/uid10e08.htm#changes%20in%20body%20weights%20and%20stature%20and%20their%20influence%20on%20bmi%20and%20energy%20requir
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