Avol inch tv

My first academic goal is for me to get better grades in my classes. For me to feel like I have accomplished that I would first need to get at least a B in each class. I also feel like this goal is essential to becoming the great student I know I can be. To achieve higher grades I think that all I need is to work a little harder and study while being organized. My second academic goal is for me to try and not procrastinate with my work. I want to do all my work at least 4 days in advance to give myself time to go over everything and not be stressed out.Me wanting to get all my work done is important to not procrastinate but I feel like I could probably be a little lax with the time limit I have given myself. For me to not procrastinate I should take advantage of all the extra time I have throughout the day to get any work done. My only career goal is for me to finish medical transcription school. Mat school is fairly easy since it's self-paced but I also want to be able to work from home soon to be able to help support my family.While me finishing isn't essential to my life, it is very important to me. This goal will be achieved once I figure out how to balance CUT and MAT school. I'm not really one to need family or friend support to get anything done. While it would be nice to have, it could also get kind of annoying with my family becoming too preoccupied with constantly asking about my work. I would prefer to Just stay on top of myself and get things done.

The Abc

HOLY TRINITY SCHOOL 4U BIOLOGY 2012/2013 Independent Study Project: Homeostasis, Maintaining Balance In these investigations, students will be involved in the initiating and planning of a scientific study. You will be performing library research, then designing and implementing a study in which you will record, analyze, interpret, and communicate your research and data. A formal written report as well as an oral presentation of this information to your peers will be required.Students will be expected to demonstrate skill in: – using safe lab techniques – designing properly controlled investigations to test hypotheses concerning selected variables – describing, recording and interpreting data from the above investigations – writing a formal report of their findings – preparing and teaching information to their classmates on their study topic The area of Homeostasis gives opportunity for varied and interesting research.Many different types of organism s are available for study, from invertebrates such as worms or insects, to larger organisms like plants, mice, dogs, cats, horses, or humans. Topics that can be investigated are not restricted to this broad area, but might look at areas such as †¢ homeostatic processes involved in maintaining water, ionic, thermal, and acid-base equilibria in response to both a changing environment and medical treatments (e. g. investigate the feedback mechanisms involved in water balance or thermo-regulation; study the buffering system of blood; investigate the operation of the nervous system or endocrine system; study how chemotherapy affects homeostasis); †¢ the mammalian immunological response to a viral or bacterial infection; †¢ the impact of environmental factors such as allergens on homeostasis within an organism. †¢ physiological effects of drinking coffee or using sports drinks and performance †¢ invertebrate responses to external stimuli (e. g. , nstinctive behavi our in response to chemical stimuli or light); †¢ impact of environmental factors on the growth and propagation of bacteria or plants †¢ the effect of dietary supplements on health; study the effect of taking large quantities of vitamins or amino acids; determine whether substances or practices people use to cope with stress actually work Students may work in pairs, but you should be aware that one report is submitted, with both partners receiving the same mark. There are both benefits and pitfalls to working with a partner, so think carefully about this option if you decide to take it. I will expect the paper to be between 2000-4000 words in length, but the presentation length will not be doubled). Please take note of the following requirements and timelines. Although all due dates are negotiable well in advance, I will expect people to commit to them and maintain a progressive approach to their work. Specific Requirements: Topic proposal-completed sheet stating the organ ism and problem you plan to investigate Journal-a diary recording: Date Description (BRIEFLY) Time spent on a daily basis e. . Jan. 14 surfed Web for topics 30 minutes Resources-identify at least two books, two journals and two Internet sources, with a paragraph describing the information you expect to use from each of them (i. e. six paragraphs) Method-outline the actual equipment, procedures, and measurements to be done Rough notes-hand written outline of essay (NOT a rough draft) or digital files (CD, USB, whatever) Final paper-1000 to 2000 words, plus table of contents, data, charts, graphs proper referencing with Reference List Presentation -a ten minute (max. ) summary of your work, including a one-page handout for the class. Due Dates:Topic proposal +Journal entriesMon/Tues, Jan. 21/22 Resources +Journal entriesThurs/Fri Jan. 31/Feb 1 Method +Journal entriesWed/Thurs Feb. 6/7 Rough notes+Journal entriesWed/Thurs Mar. 6/7 Final paper+Journal completeWed/Thurs, Apr. 10/11 Prese ntations Wed, Fri, Tues Apr. 10, 12, 16 Thur, Mon, WedApr. 11, 15, 17

History of Corrections Essay

The corrections system in America began mostly with the arrival of William Penn and his â€Å"Great Law.† This was back in 1682; the â€Å"Great Law† was based on humane principals and also focused on hard labor as a punishment. The corrections system really began to take hold in North America in the late 1700’s with the idea’s and philosophy of Beccaria, Bentham, and Howard. These philosophies were based on the thought that prisoners could be treated and reformed back into society. This hard labor was used as an alternative to other cruel forms of punishments that were used in earlier times such as physical abuse or even brutal death. In 1790 came the birth of the Penitentiary in Philadelphia. The penitentiary was different than other systems in that it isolated prisoners, â€Å" †¦isolated from the bad influences of society and one from another so that, while engaged in productive labor, they could reflect on their past miss-deeds†¦and be reformed,† (Clear, Cole, Reisig). The American penitentiary and its new concept was observed and adopted by other foreign countries. The Pennsylvania system of the penitentiary was based on inmate isolation so that they could ponder their past behavioral choices. In this system the inmates were confined to labor on their own. In New York they had a different system, known as the Auburn system. This system differed from the Pennsylvania system because inmates would come together during the day to do their work and labor but were otherwise held in isolation. In the early 1900’s a group of progressives sought to reform the ways of the corrections system. Their ideas about the cause of crime were more centered around the social, economic, and psychological pressures on people. The progressives brought up programs that were discussed in 1870 at the Cincinnati meeting. These programs included probation, parole, and other indeterminate sentences that are still used in corrections today. As we can see the penitentiary system has changed over the years. As we advance and learn more as a society, we are able to fine tune these programs for all parties involved. Overall, the key point of all of these systems and the ultimate goal is public safety. Keeping our people safe and moving in a peaceful direction is essential to our society. Goals of Corrections The corrections system in the U.S. has five main goals when dealing with criminal sanctions. Originally the system had four main goals: Retribution, Deterrence, Incapacitation, and Rehabilitation. Later on there was much focus placed on a fifth goal: Restorative and Community Justice. These goals are designed to be effective toward different types of criminals and a combination may be used in many cases. Retribution, also known as Deserved Punishment, is much like the old saying â€Å"an eye for an eye, a tooth for a tooth†(Clear, Cole, Reisig). Basically this is a punishment where the severity of the sentence should fit the severity of the crime. If a criminal has done wrong to someone then they deserve to feel that same wrong doing. There are two types of Deterrence used in corrections. The first is just a general deterrence, which is a method of using punishments and making them visible to the public with the goal of deterring others in the public from wanting to commit crime. Public hangings were once used as this type of deterrence. The other type is directed toward the criminal in hopes that they will not repeat crimes in the future. The punishment is to be severe enough to discourage any future criminal activity. This type is called Specific Deterrence. â€Å"Deterrence theory contends that if the public knows the consequences of deviance, many individuals will not commit a crime† (Long). Incapacitation is typically understood as the detainment of a criminal. The goal of incapacitation is to keep criminals from being able to commit further crimes. There are several different ways of using incapacitation. Reducing the movement and involvement of a criminal in society will hopefully reduce crime on the streets. â€Å"†¦ incapacitation focuses on the characteristics of the offenders instead of the characteristics of the offenses†(Clear, Cole, Reisig). Rehabilitation is more of a therapeutic method to help the criminal ditch crime and become a constructive member in society. â€Å"Rehabilitation involves teaching inmates silks and trades that will, hopefully, give them a chance to become law-abiding citizens once they are released from prison† (Long). This method is looked at as more of a treatment than a punishment, to guide the criminal to make better choices and live a better life. Restorative or Community Justice is a fairly new concept. It is aimed more at repairing damages caused by the crime to the victim(s) and the community involved. In this method the victim lays out conditions for the offender and what is necessary to help repair any losses. The community provides assistance to help restore the offender to the community. Some say that this method can be dangerous and bypasses certain safeguards. The goals of corrections are solid efforts to reduce crime. There are many improvements that could be made. As we learn and test these methods, they need to be fine tuned and have the bugs worked out. If something isn’t working in the appropriate way it needs to be addressed and refocused. I think that many of these goals will become weak and maybe overlooked with the new AB 109 bill and other reforms currently taking place in California Corrections. Prison Sanctions There are three types of sentencing structures used in the corrections system. Each type leaves some discretion for the judge and varies on the goals for the criminal. The different methods used are called: indeterminate sentences, determinate sentences, and mandatory sentences. Indeterminate sentences go in line with the idea of rehabilitation. These sentences usually have a minimum and a maximum term. It is a range and the courts use this range to determine parole and it is somewhat based on the amount of time given for a treatment program. The purpose behind this form of sentencing is incapacitation, deterrence and rehabilitation. Determinate sentencing is quite the opposite from indeterminate, hence the name. This sentencing structure follows the concept of retribution mainly. Retribution is a deserved punishment, so basically the offender is given a length of sentence based on the crime that was committed. It is a fixed sentence that goes with the specific crime committed. After the offender has served his time he is then released and is free to go without any parole or program ties. The third sentencing structure is mandatory sentencing. This structure is based on the crime committed. It has a minimum time period attached to certain crimes that the government deems fit. This type of sentencing does not take into account the different circumstances of the crime but only looks at the crime itself. â€Å"The ‘three strikes and you’re out’ laws, now adopted by several states and the federal government, provide one example of mandatory sentencing†(Clear, Cole, Reisig). The purpose behind these sentences is incapacitation and deterrence. The sentencing structures are all a bit different. I am not sure if I can say for sure that I agree with any one more than another. I think the best way may be a good mix between indeterminate and mandatory. I do agree with the idea of the rehabilitation concept to an extent but the severity of some crimes should absolutely be accompanied with a minimum period to ensure some justice. Probation, Parole, and Intermediate Sanctions Probation, Parole, and Intermediate sanctions all seem to stem from similar concepts and ideas. Each of these forms of punishment seems to be a way of easing the harsh criminal laws for certain offenders in some cases. They were all developed in order to provide different means to support the offenders’ restoration in society. Probation, which began with John Augustus in 1841, allows the offender to serve out a punishment in the community while under supervision rather than be sent to prison. John Augustus is known as the first probation officer. He began by helping people with bail back in Boston in the 1830s. It was introduced as a way to â€Å"†¦ alleviate the harshness of the criminal law† (Clear, Cole, Reisig). It is now a form of sentencing that includes investigation and supervision and is used in every state today. Captain Alexander Maconochie, who I believe is actually an ancestor of mine but will need to do more research, created a system back in the mid 1800s that would reward prisoners based on their good behavior. He developed stages that prisoners could go through based on their conduct that were like steps to freedom. He is the founder of the concept behind what we call parole today. His staged system was to gauge the offenders willingness to accept society’s rules much like parole is supervision back into society with a set of rules. This system is also a way to ease the intensity of criminal law for those with good conduct. Intermediate Sanctions came about a bit later but for very similar reasons. Some expressed these reasons as: â€Å"†¦ imprisonment is too restrictive for many offenders, traditional probation does not work with most offenders, and justice is well served by having options in between† (Clear, Cole, Reisig). These were other ways of softening the criminal laws for offenders based on certain circumstances. These intermediate sanctions were aimed at lower risk offenders as a type of rehabilitation effort. The different intermediate sanctions include programs such as: community service, restitution, home confinement, boot camp, and more. I would have to agree with the basis of all three of these programs. I think that there are many offenders that would fare well in these types of sentences. However, these are more for the lower risk type offenders that have shown good conduct and that may have a chance in becoming a functioning part of society. There are many other higher risk offenders that do not deserve the option of these sanctions. It is better for the safety of the public that these sentences are highly monitored and that the offenders are ready to be placed back in society.

Texas Instruments Case Study Example | Topics and Well Written Essays - 2000 words

Texas Instruments - Case Study Example Despite the sceptical outlook that a majority of executives had with respect to ERP, it was chosen as the methodology that could bring answers to the issues Texas Instruments faced in the late 1990s. As the case study outlines, the executives at TI felt that granted the fast paced trend of information technology, it was necessary for the company to make some considerable changes as to their methods and processes, in a manner that would allow them to compete more favourably in their market. According to the authors Sarkis et. al, TI was facing some serious issues in handling large international orders and delivery demands. For instance, the study refers to a Taiwan customer asking for product orders to be made in California and delivered at a given location to be decided just before delivery time. Such procedural complications in the ordering procedure would cause logistics issues that would eventually impact delivery time. As pointed out in the study, TI was facing several similar pr oblems where the customer requests would be delayed as the information system in place was not flexible enough to streamline the ordering process or to meet customer demands adequately. The executive decision to invest 250 million dollars in a brand new web based ERP system was made to help address the several issues caused by the internal and incompatible information systems used for inventory, manufacturing, and sourcing. Consequently the overall decision to implement a novel IS strategy to better meet customer demands was handled properly. In implementing a web based ERP system, the company would help reorganize the many processes that tie suppliers, manufacturers, and resellers on a worldwide scale, and thereby meet market demands in a preferred fashion to become competitive again. In upgrading their internal information system, I believe TI executives made the right choice in partnering with Andersen Consulting for their consulting expertise in the area. Considering the size and impact of the project in the long term, it makes perfect sense to consider that managers would employ significant resources to plan and execute this strategy for an up-to-date information system capable of handling customizable orders in an effort to enhance overall customer satisfaction and loyalty to the company. The team in charge of the project, after meeting and evaluating the solutions of several vendors, eventually choose the SAP solution for its ability to handle large amounts of data. Due to the widespread nature of the project, reli ance and pragmatism of the solution become imperative to make the transition to a more productive system. In considering the processes involved in the decision making for the adoption of the SAP based ERP system; there are few objections when taking into account the pre-established goals of the company. However, in considering the results that came off the newly implemented system, there were some methods and processes that could have been considered for a better turn out. In fact, Texas Instruments experienced issues of delivery and lower productivity immediately after product launch within their enterprise. As reported in the study, it appears that the 13,000 thousand users of the ERP system were not properly trained on the new system prior to its implementation. The previous reasoning would explain in part the apparent low productivity pattern which occurred during the "go live" phase of the ERP system. The report

Marketing Essay Example | Topics and Well Written Essays - 2250 words - 11

Marketing - Essay Example Most importantly, it is important to understand that these 7P’s also reflect upon the overall performance of the firm and must be aligned with the overall strategy of the firm. As such it is important that different aspects of marketing shall be designed in such a manner that they allow firms to develop their strengths in the market. Uniqlo is one of retail stores in UK offering women’s and Men’s clothing over internet as well as through its stores. It is important to note that Uniqlo is a Japan based firm offering the products to many countries of the world including UK. The unique business model of the firm allows it to involve itself in every process of manufacturing and marketing of the product and its subsequent sales. This report will therefore attempt to provide a comprehensive analysis of the 7P’s of the marketing process undertaken at the firm besides comprehensively covering PESTLE analysis and assessing its impact on the firm. UNIQLO is an international brand offering men’s and women’s clothing since 1984. Traditionally, it is a Japanese casual wear store with international presence in many countries including UK, US, Korea, Japan etc. Uniqlo originally is a part of Fast Retailing Co, it is now a fully owned subsidiary of the firm with listings on the Tokyo Stock Exchange. The early history of the company suggest that it focused on selling men’s wear only and it entered into the second segment of the market at later stage. Since late 1990’s firm has developed a unique business model based the model adapted by â€Å"The Gap†- an American casual wear giant.(Wilson & Barbaro, 2006). Accordingly, the firm was able to sell its own branded cloths outsourced through other manufacturers. This SPA or Specialty retailer of Private Label Apparel- provided UNIQLO a very different strategy to follow and it has implemented this strategy across the board in almost every country where it is

Equity and trust Essay Example | Topics and Well Written Essays - 2750 words

Equity and trust - Essay Example A discretionary trust is a kind of trust, and it can prevail only if a trustee has the core Trust obligation1. For instance , if a settlor creates a trust for the benefit of John Smith with a trust fund of say ? 10,00,000 by appointing Abraham Lincoln as its trustee and to pay any unspent money in that trust to John Smith after 20 years . He also stipulates that within the 20 year, Abraham Lincoln can spend all or any of the trust fund and its income to all or any of the Settlor’s kids or grand kids. The above fall under discretionary trust as John Smith has the authority to decide how to distribute the trust funds for the advantage of the Settlor’s kids or to Abraham Lincoln himself. A fixed trust is one where the trustee may not have any power to select how to divide the trust funds other than the specified beneficiaries2. ... of beneficiaries for whom the trust is meant for and is also known as â€Å" given postulant â€Å" check.4 In IRC v Broadway Cottage Trust5, it was held that so as to fulfil the test of certainty of objects, a whole record of the donees should be recognised failing which the trust would be declared as void or the test is continued to be applicable, particularly for a fixed trust6. In McPhail v Doulton7 , Bertram Baden, as a settlor vested some assets to trustees to divide the income in their complete authority, to employees both present and past of Mathew Hall & Co Ltd or their dependants or relatives. The main issue was whether trust fulfilled the litmus test for certainty of objects and whether it is just a power or a trust8. McPhail case is relating to a discretionary trust where trustees have a crucial obligation to use their discretion to offer benefits to beneficiaries which has been assigned by the settlor to the trustees, and it is not â€Å"just power† given to the trustees by a settlor. Further, the main objective of the discretionary trust is to safeguard both the income and the capital of the fund and as a result, the beneficiaries derive benefits from the outcome of the Settlor’s profligacy. Moreover, discretionary trust is being mainly planned as a tax-avoidance method by making the rights of the beneficiaries under the discretionary trust as vague as those rights are designed more arduous to tax9. In Re Gestetner Settlement10 case, a trust was established for the members of a â€Å"specific class â€Å"as the trustees may choose the beneficiaries as they deem fit from that specified class. IRS argued that the trust was void due to uncertainty, and it was held that under discretionary trust, the trustees have such authority to decide or identify the

Summary of the film The lives of others Essay Example | Topics and Well Written Essays - 500 words

Summary of the film The lives of others - Essay Example The film elicited criticism despite receiving widespread acclaim. Roger Ebert described the film as quiet while Wolf Biermann criticized it for lacking originality in its political details (The Guardian). However, the impeccable production of The Lives of Others attracted awards and nominations. The film was nominated for Australian Film Critics Association in the category the Best Overseas Film, BBC Four, British Academy of Film and Television Arts, and European Film Academy. The movie also won awards in German Film Critics Association, Sarasota Film Festival, British Academy of Film and Television Arts, Deutsche Film, and European film Academy (Nytimes.com). The purpose of this analysis is to highlight concerns of political power, cruelties, a vindictive administration, trust, love and mistrust that result into a tragic end in the film. The film deals with oppressive powerful regimes, but on a small scale level (Gritten, The Telegraph).The beginning of the film affirms the prevailing powerful regimes in East Berlin in 1984. The detention center of Stasi houses political informants to known details of all citizens and intervene in all possible controversies. Spying on Georg Dreyman affirms that the tension between the population and the government. The political power elicits trust and sacrifice concerns. A suffocating society has little room for expression and happiness (French, The Guardian). For example, the East Berlin bureaucrats do not disclose the real reasons for the surveillance of Dreyman. Wiesler sacrifices his position in the Stasi team after learning that Minister Bruno Hempf is coveting with her girlfriend, Christa. Wiesler uses mistrust to avoid the brutal administration. Donnersmarck’s production is an eye-opener to state assassinations and cruelties carried out under the guise of socialism (Gritten, The Telegraph). The dominant mood of a tragedy engulfs the film that shows a man,

UK supermarket sector is an oligopoly. Critically evaluate this Essay

UK supermarket sector is an oligopoly. Critically evaluate this statement - Essay Example Their trade was valued approximately at ?76.78 billion in the year 2000 and had increased by 4.5% over the years (Tyler, 2011). In this study, the discussion will critically evaluate the citation that UK supermarket sector is an oligopoly. For this purpose, Tesco, Sainsbury’s, ASDA, Morrisons and Safeway will be included in the study since they are the top five supermarket chains. The Oligopoly Market According to Investopedia, â€Å"An oligopoly is much like a monopoly, in which only one company exerts control over most of a market. In an oligopoly, there are at least two firms controlling the market† (Investopedia, 2011). In the UK supermarket there are mainly three big companies that operate and control the market. These are Tesco, Sainsbury’s and ASDA. Its presence is also felt in the European market as most of the supplies of the supermarket are through these companies. The oligopoly market structure is such that there are few sellers, who control the market . Unlike the monopolistic competition, perfect competition and monopoly market, the oligopoly requires to think strategically. In oligopoly, the sellers are huge enough to have an influential affect upon the market. A seller needs to respond to its competitors’ choices, but the competitors are countering to the sellers’ choices. For instance, when Tesco responds towards the choice of Sainsbury’s, at the same time Sainsbury’s reacts to the choices of Tesco in the UK market (Ohio State University, 2000). In the oligopoly markets, there are tensions in relation to cooperation as well as self-interest in the companies such as Tesco, ASDA & Sainsbury’s in the UK. If all these companies limit their productivity, it will affect the prices that will tend to be high, but then there are possibilities of the companies to have an incentive to expand their output (Ohio State University, 2000). Strategic Decision in the Oligopoly Market The strategic decision is crucial in the case of firms that are interdependent. In the UK market’s supermarket sector Tesco, Sainsbury’s and ASDA are interdependent as they control the market in this segment. They cannot act independently; consequently they have to take into consideration the likely responses of the competitor in order to make any kind of alteration in the pricing and non-pricing activities. They develop the strategies based upon the probable reaction of the rivals (Economics Online, 2011). In the UK supermarket, Tesco, Sainsbury’s and ASDA need to decide strategically in certain aspects of the market that are listed below: Competition Strategic Decision The firms need to strategically decide whether to compete with the competitors or join together. It is tough to decide as a prediction made by the firms against the decision made by the rivals might turn out to be wrong (Economics Online, 2011). Pricing Decision The firms need to strategically decide whether to increase or decrease the price or to keep it at constant. It is difficult for the firms to decide. They generally undertake the

Natural law and positivism Essay Example | Topics and Well Written Essays - 500 words

Natural law and positivism - Essay Example A segment of positivism purports that law and morality must operate separately. 'Natural law examines what the law should be' (Eglinton 2005). Eglinton states in his essay entitled Natural Law that 'Natural law overstates the relationship between law and morality, but positivism underestimates the importance of the relationship' (Eglinton 2005). Professor Jeremy Waldron has his own views on rights and democracy and the way the government attempts to mandate them by the use of laws. Professor Waldron believes that rights of a society are first and foremost in everyone's mind. He believes that Majoritism has it place in society. Unlike his opponents, Professor Waldron believes that the fact that the government allows the majority of the population to make decisions regarding laws and policies does not impede on the minority. His view is that the minority population is also considered because they too have been given the opportunity to choose or elect the officials that institute laws and policies. Waldron believes that although there are instances when democratic societies will implement laws that will infringe on the rights of the minority that the democratic process itself does not allow for the majority to be 'tyrants' to the minority.

The death penalty Essay Example for Free

The death penalty Essay During act1 the play starts were a group of people in Salem go dancing in the woods with a slave woman called Tituba, Reverrand Parris sees this but is spotted doing so, the girls run away.  The next day reverrand Parris is beside Betty who is ill, the doctor suspects the girl has been taken over by supernatural forces. Parris questions Abigail, who was with her, he asks her about witchcraft and Tituba, he then sends for reverrand Hale, an authority on witchcraft. Mr Mrs Putnam see how Betty is and says that she sent her daughter Ruth to raise spirits of her dead babies to see who murdered them so that is another reason for the happenings in the woods that night. Later the girls who were dancing in the woods joined Betty beside her bedside, theyre all woried that they may be tried for witchraft. Abigail has them on their own, she slaps Betty to try to sustain her, she also worns the other girls not to breath a word of when she drank blood in the woods, she uses scare tactics. Abigail and Proctor starts talking about their affair and their affections for each other, while Betty is next to them in bed hearing every word they say, Betty then screams to stop them. Parris, Rebbecca, and Giles come to see whats happened with Betty, Rebbecca manages to restrain her. Parris wants to have a witch hunt, but proctor doesnt believe in witches, they start to argue. The Putnams continue to disagree with the rest of the towns people of Salem about land rights, which creates a lot of tension.  Reverrand Hale tries to wake Betty but doesnt succeed, he then turns to Abigail questions her about the witchery, in hesitation shes quick to accuse Tituba. She accuses two others, realises Titubas escape by naming others, she chants the names of the other girls in the villiage that she believes has seen the devil, Hale is pleased shes confessed and tells her to continue talking. Crucible: A melting pot where basic elements are mixed together to give an explosive force.  This is the title of the play, I think this title is very fitting with the contents of the play, it seems to be like when the characters (basic elements) are put together, they produce arguments, action, tension, fear(explosive force).  Arthur Millers background He was born in New York, 17th October 1915, he was brought up in the brooklyn area. His father owned a clothing factor which collapsed, following this lead Arthur Miller to produce the play Death of a salesman and A view from a bridge set in Brooklyn. During his college years he managed to write plays although he had college and other jobs at the same time.  His first success was All my sons which was about a father forced to realise dangerous moral comprimises changing the American dream of wealth. His biggest hit was Death of a salesman in 1949 which won the Pulitzer Prize. The crucible won an award in 1953, but wasnt an immediate commercial success, this was the time of Mc Carthyism. Mc Carthyism is an issue in which to consider in the play, with Salem being a very theocratic society. In the arrly 1950s Joseph McCarthy, a senator, managed to create a national campaign against communists, ex-communists and anyone who assoiated with them. He made many unfounded statements about the numbers of secret communists in important positions, as chairman of a senate commitee he interrogated many witnesses and tried to make them inform on friends and colleagues. As the anti-communist hysteria increased many people were hounded from their jobs or were prevented from working. McCarthys unproven accusations and aggresive interrogations gradually brought him into disrepute. Witchcraft is an important scene in which act 1 is dramatic, witchcraft was a serious matter in those days, and even more in a religious community. Witchery led to deaths, fall outs, false accusations, murders, tortures, exectutions, being burnt etc which if used in the play, which it was, it can be used to build extreme dramatic situations which can have a powerful effect on the audience. Witches were thaught to be in league with the devil, who was their master, the devil/satan is believed to roam the world for human souls to tempt into hell. He is a supreme enemy of everything thats good and holy. The Christian churches persued and persicuted supposed witches. A common test for a person accused for being a witch was pricking with a needle. All witches were supposed to have somewhere on their bodies, a mark made by the devil himself which was insensitive to pain. Any who were found guilty suffered the death penalty. Whichcraft trials in Salem were common, I think Arthur Miller used it in his play to worry the audience into thinking death was appartant and inevitable, when witchery was present. Whenever death is present in a play, the dramatic tension is bound to rise because death is a most serious matter to anyone. If ever witchery or satanic happenings occured in Salem, it would most probably be taken to court until someone was proven guilty and hanged, maybe Arthur Miller knew this and thaught that the audience would know it too? therefore rising the dramatic tension in the play.

Humanistic And Psychodynamic Perspectives Psychology Essay

Humanistic And Psychodynamic Perspectives Psychology Essay Psychology has been influenced by many schools and theorists it is always developing, growing and changing with society. In this essay I will identify, outline and compare two psychological theories. The theories I have chosen are humanistic theory founded by Carl Rogers and Abraham Maslow and psychoanalytic theory founded by Sigmund Freud and influenced by Carl Jung. I will be comparing these two theories, look at the conflicting differences between them and I will give my opinion in where I feel they sit in the Nature versus Nurture debate. I will discuss how both theories can be applied to social work as well as considering the cross cultural aspects and the implications of both theories in relation to indigenous peoples and gender. The humanistic school was founded later than the other two dominant schools of psychology, which are behaviour and psychoanalytic. Humanistic theory is often referred as the third force in psychology. (Humanism, n.d, para.2 and 3). Humanistic theorists felt that behaviourists focused too heavy on the behaviour of animals while the psychoanalytic theorists focused too heavily on the unconscious mind. The humanistic theory focuses on an individuals uniqueness. The humanistic perspective suggests that people are naturally good and strongly highlights self-actualisation with a majority of individuals choosing goal directed, adaptive and self-actualising behaviours. Theorists of humanistic perspective emphasise the idea that an individual has free will and is capable of choosing their own actions. (Approaches to Psychology, n.d., para. 1). It represents a positive view of human experience. Humanistic theory focuses on the element of the personality that are human based not animal or plant based. There are two well known theorists that have contributed to humanistic theory Carl Rodgers and Abraham Maslow. Carl Rogers (1902 1987) was an American Psychologist. He was considered one of the founding fathers of humanistic theory. He was well known for his person centred approach. He excelled in various areas such as student learning therapy and client centred therapy. In 1956 the American Psychological Association recognised his work and research and awarded him with the distinguished scientific contributions award and in 1972 he was given the award for distinguished professional contributions to psychology he was also nominated for the Nobel Peace Prize. (Carl Rogers, n.d, para. 1 and 2). Abraham Maslow (1908-1970) was an American Psychologist. He created a theory of self-actualisation called Maslows hierarchy of needs. Built up like a pyramid Maslow stated that when an individual has ascended to the top of the five levels he/she has reached self-actualisation. The five levels are physiological, safety, love and belonging, esteem and self actualisation. (Abraham Maslow, n.d, para. 1 and 10). Sigmund Freud (1856-1939) was the founding father of psychoanalytic theory, he is regarded to be one of the most influential theorists of the 20th century but he was also the most controversial and criticised theorist especially his Psychosexual development theory which Freud believed to be the foundation of development he outline five stages, Oral stage, Anal stage, phallic stage, latency stage and genital stage. Some of the people who were critical of some of his theories were his fellow psychoanalytic theorists such as Carl Jung and Alfred Adler who stated that Freud had over emphasised sexual instincts. (Sigmund Freud, n.d, para. 1 and 2). The underlying principles of psychodynamic perspective is that an individuals behaviour is largely the result of unconscious processes, motivation and early experiences. (Weston, Burton Kowalski, 2005, p. 25). Psychoanalytic theorists emphasise that a childs early experiences with their parents largely shapes development, behaviour and personality. Freuds unconscious mind theory includes the famous iceberg metaphor. The tip of the iceberg being the conscious mind (what we are aware of) and the bottom of the iceberg which is largely hidden under the waters surface is what Freud believed to be the unconscious mind (deplorable urges, feelings and thoughts). (Weston, Burton Kowalski, 2005, p. 12). Freud believed that the human personality was split into three parts the id, the superego and the ego. The id sits in the unconscious and it operates under impulse and impatience. The super ego is unconscious and it is the part that controls guilt as well as our sense of right and wrong. The ego is conscious and is the balancing and rationalising part of the mind it has to balance impulses of the id and the guilt of the super ego. (Santrock, 2008, p. 40) In the Nature versus Nurture debate, humanistic theory is considered Nurture because a persons behaviour is learnt from the environment which surrounds them as well as choice and free will. Psychoanalytic theory is considered Nature because it focuses on the behaviour of conscious and the unconscious mind. Humanistic and psychodynamic perspectives are the complete opposite of each other. Humanistic theory is centred around behaviour and mental process they criticised psychoanalytic theorists of being too focussed on the unconscious mind. (Theoretical perspectives in psychology, n.d, para. 3). Humanistic theory focuses on the positive influences of behaviour such as uniqueness, choice, self actualisation and free will while psychodynamic focuses on the negative influences of behaviour such as unacceptable sexual urges and deplorable thoughts. Humanistic theory emphasises that people are born good and psychodynamic theory emphasises that people are born bad and that everything people do has a selfish motive. (Theoretical perspectives in psychology, n.d, para. 2). Humanistic theorists emphasise that an individual has free will and choice and that an individual is influenced by the environment in which surrounds them. Psychodynamic theory emphasises that an individual has very little free will and very little self control and reject the idea of free will. Psychodynamic t heory focuses on the individuals dark side, the unconscious mind. Psychodynamic theorists believe that it is the force of the unconscious mind that shapes personality. The humanistic perspective focuses on how human behaviour can be changed or modified through self actualisation. They emphasise the central role of consciousness in shaping our behaviours, assuming that personal experience is a powerful medium for people to become more self aware and self directed in life. (Westen, Burton Kowalski, 2006, p. 17). Whereas the psychodynamic approach is that adult personality cant be changed it is set from a young age. (Theoretical perspectives in psychology, n.d, para. 2). The approach humanistic therapist or clinicians take is through empathy, warmth and respect. It is very person centred. The approach psychodynamic clinician would take is to interpret meanings through verbalised thought and behaviour. They would observe posture, fantasies and dreams which could be referred to as the s tudy of the mind not the study of the person and their environment. The social work profession is largely influenced by the humanistic approach. As Carl Rogers famously stated It is the client who knows what hurts, what directions to go, what problems are crucial, what experiences have been deeply buried. (About.com, n.d, para. 3). As a social worker in Aotearoa we work with a range of cultures and practice in a non judgemental way. The humanistic approach could be used across a range of cultures and still be highly effective for the client. As a social worker it is our job to work with clients not be the experts and the humanistic approach allows the client to reflect on the situation to find the answers instead of us telling them what they should change. The humanistic approach would be for the social worker to find out how the client perceives themselves and work with the client to recognise their inner strengths and potential in order for the client to achieve self direction, responsibilities and growth. Another humanistic model can be applied to social work through Maslows hierarchy of needs. This model would be very effective not only for the client but for the social worker, as they can get a clear understanding of what is going on in the clients life for example financial stability, housing, safety, childrens well being, domestic violence and how the client maybe coping in general. (Humanistic theories, n.d, para. 2). The psychodynamic approach in the application to social work would be allowing the client to talk about the situation in depth and the social worker listening, making notes and asking open questions to explore the situation more in depth. The psychodynamic approach focuses on the unconscious that are shown through the client behaviour and the client understanding how past experiences influence their present behaviour. (Psychodynamic therapy, n.d, para. 1). The psychodynamic approach helps the client to realise and explore their feelings which have been repressed into the unconscious mind. (Good therapy, n.d, para. 1). Social workers in Aotearoa work with a range of cultures therefore as practitioners we need to be culturally aware and sensitive. Not all psychological theories will fit with every culture or gender, we as social workers must consider the barriers to the application of different theories to different cultures. For example Psychoanalytic is a male established and driven theory which feminists may see as offensive because in their view they may see it as degrading also a lot of indigenous cultures work as a collective whereas Western culture is centred around survival of the fittest, the individual and because psychoanalytic focuses on the individual not the family it could be seen as highly offensive so it would be inappropriate and offensive to apply this theory in these two situations. Humanistic theory can be applied to a large range of cultures easily because of person centred approach; this theory is more adaptable to the collective family approach as well as the individual appro ach but its down side is that this theory was designed, established and tested on white middle class males the practitioner would have to keep that in mind when applying this theory in practice with different cultures. In conclusion to this essay I have identified, outlined and compared two completely different theories, it has been established within this essay that humanistic and psychoanalytic are two very conflicting theories with very different ideas and methods but both are two very influential schools within psychology. The theorists I have mentioned Sigmund Freud, Carl Rodgers and Abraham Maslow without a doubt heavily shaped and influenced psychology in their own ways. Both theories have very different approaches but both emphasise the importance of how adult behaviour is established by early childhood environment and experiences. In the application of social work this essay explains how humanistic theory is a positive more empathetic approach, it is person centred with the person reflecting and searching for answers whereas psychoanalytic approach focuses on the negative, the deep unconscious thoughts and is expert orientated. I have also considered cross cultural aspects of both theories and explained the implications in relation to gender issues such as feminism and race issues such as indigenous people and how applying these theories to different culture or gender may influence ineffective intervention.

Branding architecture and strategies

Branding architecture and strategies Brand distinguishes a companys product from its competitors and an identified product or service that closely satisfies customers needs and wants. Brand is an asset to a company and reflects the quality of customer service. Branding is all about the customers trust of the product or service and makes the segmentation easier for the company. The difference between a company and its competitors should be communicated by brand, because it makes a company unique. BMW, Toyota, Luis Vuitton, NEXT, Debenhams, Nike and Coca Cola are the well-known brands that command price premium and stimulate deep customers loyalty. Branding is the collection of actual and emotional characteristics associated with a particular identified product or service that differentiates it from the rest of marketplace Hand-out notes by tutor Anthony smith Branding is an important aspect of marketing to build a strong image of a company. Mercedes Benz is an automobile brand that commands a premium with their engineering, performance, quality, customer service and after sales service. Toyota shares all these attributes but still they were not positioned as premium in the customers mind. Toyota then formed Lexus as a premium brand with the partnership of both Toyota and Lexus shared engineering, design elements and customer service to successfully compete the big automobile brands like Audi, BMW and Mercedes Benz. How-to-branding.com Brand Architecture Brand architecture refers to the hierarchy of brands within a single company. It is the interrelationship of the parent company, subsidiary companies, products, and services, and should mirror the  marketing strategy. Kompanigroup.com How an organization structures various products, services or other entities within its portfolio and how they relate to one another. Brandinstitue.com In the growing economy we can see different companies merging with each other and form the strategy for each of the targeted group in which every product can bring its own brand name. Good and clear brand architecture clues a company towards brand positioning and also helps to get sustainable competitive advantage. There are three different types of brand architecture strategies. Corporate/Monolithic Branding Strategy In this strategy company takes on a unified brand for all products and target markets. This strategy brings simplicity, and cost deficiencies can be achieved as opposed to multi-branding architecture, in which a corporate brand plays a smaller role. Microsoft, Intel, Disney, CNN, SONY, Nike, Virgin and coca cola etc. are the best examples of corporate branding. Corporate banding makes the advertising easier for the company as they just advertise their name and slogan. . Coca cola is recognizable in every continent of the world through its red curved bottle and logo. SONY is a corporate brand as its name is attached to everything, from its DVDs to play station. The founder of SONY, Akio Morita, once said: I have always believed that the company name is the life of an enterprise. It carries responsibility and guarantees the quality of the product. Therefore corporate strategy leads a company to sustainable financial outcomes. Brandingstrategyinsider.com . Adhistry.wikispaces.com Google.co.uk Multi/Individual Branding Strategy Multi Brand Strategy refers to a marketing strategy under which two or more than two similar products of a firm are marketed under different brand names.   Finance.mapsofworld.com It is very difficult for a brand to position itself in a diversified environment where the customers needs and wants are different. Therefore, company can fill different market segments through diversifying its product range. VW, PG, Unilever and Diageo are the best examples of multi branding. PG is the prime example, having a multiple shampoo brand to influence different customers, like head shoulder for dandruff, Pentene for healthy hear and Sassoon for professional saloon experience. Through multi branding a company can target more than one segment in the market and fill the price gaps. Multi branding is a good strategy but sometime it fails because of the poor management. Due to failure it could harm the family brand name. VW took many years to change the negative brand image of Skoda from the customers mind. Helen Meek. et al, 2001 Google.co.uk Endorsed Branding A brand that carries the endorsement of a  source brand (the parent company). Brandbuild.eu Endorsements add integrity and assurance of the indorsed sub brand in customers mind without overpowering it with its own association. Endorsed branding is suitable for the company, using varied product portfolio, e.g. Nestle, Cadbury, Unilever etc. Nestle written on the  Kit Kat,  Cadbury written on Dairy Milk to provide credibility and assurance to the product. Some companies give independence to the endorsed brands like Unilever give freedom to the Heartbrands such as Feast, Magnum and Cornetto and they have their own marketing campaigns and target market. Some companies has firm relationship between company name and product, e.g. Ford does it with the model Mustang, people using either the brand name Mustang or the full name Ford Mustang. Google.co.uk Brand Elements Brand elements are those trademarkable devices that identify and differentiate the brands. There are certain elements of a brand, like names, logos, symbol, characters, slogans, design, features etc. some important elements are mentioned below. Kotler et al, 1996 Brand Name Name is the most significant element of the brand. This is the only part of the brand which should never be changed. It help customers to identify distinguish product from competitors. It is not necessary the brand name is associated with the company and can be different. But if the brand name is linked with the quality of the product either high or low, then all good must be of the same standard. MS is the prime example of providing quality products through St Michael Brand as one can see its tag on the cloths and food and household goods as well. Brand Image Brand image is fundamental way through which a customer recognises and believes a brand. It gives a company an identity and creates a better image in the mind of the customers. Brand image is unique that clearly reflects the image of the organisation and different from the competitors. To build a right image in the customers mind, the company must have to focus on brand identity. Brand Personality Brand personality is the goodwill of the brand. It is associated with the benefits and attributes of the brand. Brand personality is unique and long lasting; it is the emotional attachment of the consumers with the product, e.g. Sony and Panasonic, both are the giants of electronic sector, although both got same features, some peoples prefer one of the other because of their trust on the product by long time. Brand Association Associations, according to Aaker (1991) represent the bases for purchase decisions and for brand loyalty. The way consumers perceive brand is a key determinant of long-term business-consumer relationships. Hence, building strong brand perceptions is a top priority for many firms today. Morris, 1996 It is the perception of the customers towards a brand attributes and quality. Brands can be associated with the name, colours, symbols, attitudes, expressions and sound etc. Mercedes Benz is associated with the luxury drive and excellent engineering, Nike with its Slogan, Nokia with its sound, and Coca Cola with its red colour, Colgate toothpaste with cavity protection and Microsoft with Bill Gates. Renault has launched a successful campaign for its model Clio and used the famous French footballer Thierry Henry and Sesame Steet in the Va Va Voom advertisement. This campaign resulting attract more male customers than females. This is how celebritys association to the brand benefits organisation. Kotler et al, 1996 Brand association gives the basis of buying and brand loyalty to the customers. Companies always try to associate their brands with the positive things to create good image of the product in the mind of customers. Brand association developed if the product is desirable, durable and satisfies the customers needs. Positive customers perception about the product makes a brand stronger. It is formed on the basis of Product attributes, Advertisement, Relevant price, Quality, Celebrity and big entity association, Competition and Display points. Brand positioning Positioning is the place in consumers mind that you want you brand to own. For example, Hallmark caring shared, and Disney Family Fun entertainment. Positioning is not what you do to a product; positioning is what you do to the mind of the prospect. Ries and Trout, 1981 Brand positioning is successfully built through continuous communication with the customers about the product to its targeted market, through advertisement, brand name and its packing. Brand positioning refers to the position in the customers mind, it does not relate to market position. Brand positioning is associated with the market segmentation. The right market segment is to be targeted for the brand positioning. Brand positioning is all about a customers perception about the product. There are certain ways for a brand to be positioned, e.g. offering specific benefits, targeting a specific segment, pricing and distribution. Brand positioning is an important concept in which a company can decide where it wants to position its brand in its field relative to competition. Brand positioning is a thinking that guides a company to build a relationship between the brand and customers. Brand positioning gives space in the customers mind, so the company become in the better position to control over its own brand image. Price and quality are the most common attributes are considered in the brand positioning. To get a good position in the customers mind the company introduce brand of a good quality with on competitive price. The quality of the product must be at least equivalent or better from the competitors. Quality perception is the most powerful element of the brand positioning. Once a company is successful in building a powerful perception of quality will result in building a powerful brand. Psychological element is dominant to some extent in building a quality perception as some peoples psyche is that the product with high price tag is of good quality. Communicating brands through their specific features is another way to position brands, e.g. Clinic all clear, Dare to wear Black or Pakistan and India surf excel is advertised as stain remover, Surf Excel hena. Culture is another strong aspect to the brand positioning. Different companies use cultural symbols to differentiate products from their competitors. Examples including, Air India advertise through Maharaja, Tata tea, Hamara Bajaj etc. Treedeuce.com Brand Extension Brand extension  is a marketing strategy in which a firm that markets a product with a well-developed image uses the same brand name but in a different product category. Brandexpress.net When a firm uses its brand in another product form, or even within another product class, then the firm is stretching the brand (also referred to as brand extension). Iain Ellwood, 2002 Virgin is the good example of brand extension as they sell everything from records to airline travel, to cola drinks to wedding parties from clothing to cosmetic and computers. This is successful in brand extension because it has the ability to connect the customer directly and give them values. Many firms attempt to extend their brands but all the brand extensions are not suitable or desirable. An extended brand always works best in a top to down direction. It is always easy for a company to bring brand extension from relatively cheaper product line. Ralph Lauren and Gucci are the best example. Ralph Lauren extended from luxury clothing to jeans and bed linen while Gucci brand is extended from luxury clothes to oven gloves, cooking aprons and dog toys. An extended brand has a low introductory cost because the customers, traders and retailer are well aware of the product. Brand extension brings options to the customers through variety of products. If the product is of lower quality, will result in damaging in overall brand value. Iain Ellwood, 2002 Caterpillar is one of the biggest non-sporting footwear companies in the world with its brand CAT. This is basically a construction and mining equipment manufacturing company that extended their brand in this potential segment. It was perceived that it is the biggest mistake of the caterpillar but the extension was a big success. Sometimes the brand extension, implemented incorrectly due to less understanding. LEGO is a Danish toy manufacturing company, decided to extend its brand and launched its own product line of cloths, watches and video games but it was ignored by its target market, that result half of its employee are redundant back in 2004. Kotler et al, 2009 Michelin and Goodyear are the French companies, famous for making rubber tyres and having a number of brand extensions. Michelin brand extensions are car and cycle related product, footwear and clothing, sports and leisure and personal accessories. On the other hand Goodyear becomes the partner of the Adidas to make a series of driving shoes. Kotler et al 2006 We can see normally financial services providers have not attempted to extend their brands, and only concern with their original market. On the other hand, there are too many non-financial service providers extended directly to the financial services. E.g. Tesco extended its market to Tesco banking and Tesco insurance. Benefits of branding To customers People buy brands, because they are well aware of the quality of the product and save time and efforts. Buying a branded product can give customers a peace of mind and credibility. Most of the branded products have warranty policies, which gives customers assurance of a quality product. Some big companies having product replacing policies, e.g. DeWalt a power tool manufacturing company, replace the product immediately in case of damage. To intermediaries/stakeholders There are certain benefits of branding to different stakeholders, that directly/indirectly effecting the organisation. Multinational organisations always have the strategy for social, environmental and economic issues, so Companies contribute to the societies in which they operate. Brands follow government regulations to minimise any adverse effect to the environment and pays tax and create job opportunities that help governments to control over unemployment. Employees always attract to innovative companies where learning opportunities are always there to enhance their career. Multinational companies give assurance of the job security and give career path at the time of recruiting them. Instead of supplying goods directly to retailers, companies distribute goods through agents or distributers. Distributers get long-term agreements from the known brand companies and also benefits from the goodwill of from that brand. Retailer can get benefits from the companys overall marketing campaign. Sustainable competitive advantage When two or more firms compete within the same market, one firm possesses a competitive advantage over its rivals when it earns (or has the potential) to earn a persistently higher rate of profit. Grant, 2002 It is very important for every organisation to be successful in long term. Effective corporate branding is certainly the main source of getting sustainable competitive advantage in the market. Worlds famous corporate brands do not sell products, they sell concepts, e.g. Coca Cola does not sell a soft drink, it sells enjoyment and Microsoft does not sells computers, it sells possibility. Brand designers create a corporate brand identity through promotional material and advertising campaign to establish a corporate identity. There are certain brand characteristics that lead a company to get sustainable competitive advantage. A well designed logo and a strong identity system can give a company an edge over its competitors. Through Brand Identity A unique set of brand associations that the brand strategist aspires to create or maintain. These associations represent what the brand stands for and imply a promise to customers from the organisation members. Aaker, 2004 Brand identity is the way a company aims to identify or position itself or its product or service. Kotler et al, 2009 Brand identity is the first thing that a customer experience and plays a major role in getting a sustainable competitive advantage in the market. Brand attributes are is a bag of features that shows the personality of a brand and these attributes help to create brand identity. Brand identity is supported by emotional and unique elements and values, serve to distinguish the brand in the market, especially for progressively competitive environments, service organisations and recreational sectors. Brand identity creates a distinct identity that is very hard for the competitors to duplicate. The main elements to build a strong brand identity are human resources, organisational culture, organisational structure, stationary, company cards, company dà ©cor, packing, catalogue, market and innovation etc. Kotler et al, 2009 Through Brand loyalty Brand loyalty is considered as ultimate reward for a brand as it is another factor which leads a company to get a sustainable competitive advantage. Customers always prefer to buy those brands they are loyalty with, even though that is expensive and have close substitutes in the market. Apples iPod is a product to listen mp3/mp4 music, and the big electronic giants like Sony, Panasonic and so many other companies have same product with same features at the relatively low price than Apples iPod. Majority of the customers buy iPod just because they are loyal with the brand. Through Brand Equity Brand is a symbol of extremely precious part of legal property, that can control consumer behaviour and it also provides the protection of persistent future revenues to the firm. Brand equity is called the amount that is directly or indirectly accrues by these various benefits. Kapferer, 2005; keller, 2003 Companies invest huge amount of money to develop brand equity. Brands with high equity win the space in the market because of the uniqueness, reliable services and continuous and effective relationship with the customers. Stronger brand image takes a company to financial advantage through the brand equity. Brand equity leads a company to charge perineum prices for the product to raise their profit margin.

Communism :: Communism Essays

"Every line I have written since 1936 has been written, directly or indirectly, against totalitarianism," reads the preface to George Orwell’s satire, Animal Farm. The rest of that line, which reads "And for Democratic Socialism as I understand it," was omitted from the 1956 edition of the book. Orwell has been called a traitor to the socialists, while at the same time becoming a sort of hero to the right wing. Animal Farm is not only a parody of Stalinist Russia, it also demonstrates that Russia wasn’t truly a Social Democracy. Orwell criticizes Marx while maintaining his own beliefs in Democratic Socialism. These beliefs are apparent in what Old Major calls Animalism. Animalism originates in a speech by Old Major, Farmer Jones’ prize boar. Old Major is to Animalism what Marx and Lenin are to Communism. Old Major is able to gather the animals in the barn, to give his talk. Both Marx and Lenin would have thought this difficult because they believed that that the proletariat would always be more concerned with work and survival than revolution or radical change. Once the animals are gathered, Old Major recounts a dream he had the previous night. He tries to explain to the animals, their place in life and how they can get out of it. This is what Marx tried to do in his writing. In The Communist Manifesto and A Contribution to the Political Economy Marx wrote about the proletariats appreciation of social position and the corrupt ways of Capitalism. "It is not the consciousness of men that determines their being, wrote Marx, "But on the contrary, the social being that determines their consciousness." Marx is saying that there is no inherent reason workers should be oppressed, and they don’t see the injustice in it, because it is all they know. This is what Old Major says to the animals in the barn: Why do we continue in this miserable condition? Because nearly the whole of the produce of our labour is stolen from us by human beings. There comrades is the answer to all of our problems: It is summed up in a single word, man. Man is the only creature that consumes without producing. He sets the animals to work, he gives them the bare minimum that will keep them from starving, and the rest he keeps for himself. Only get rid of man, and the produce of our labour would be

Evaluating the Economy of Austria Essay -- Business Marketing Manageme

Evaluating the Economy of Austria   Ã‚  Ã‚  Ã‚  Ã‚  In 1995 Austria joined the European Union (EU), and in 1999 they joined the European Monetary Union. The use of a common currency the â€Å"Euro† has facilitated trade and promoted economic stability for U.S. companies to manage pricing, balance accounts, and move products into Austria and throughout the EU member nations (â€Å"globaledge†, 2003). An unfavorable exchange rate for U.S. exporters turned positive in 2003 making the U.S. able to compete on more favorable terms in the near future. Current economic reforms in Austria are increasing the attractiveness of foreign investment. There are several advantages to conducting business in Austria that will be particularly relevant in the year 2004. Austria is an international crossroads bordering on eight European countries which include Germany, Italy, Switzerland, Slovenia, Hungary, Slovakia, Czech Republic, and Liechtenstein. Austria’s eastern neighbors, Czech Republic, Slovakia, Slovenia, and Hungary will join the EU in May of 2004. The impact of this is that Austria will become more centrally located.   Ã‚  Ã‚  Ã‚  Ã‚  Austria’s market is well diversified and resilient. Government is seeking to remain competitive by pursuing investment in high potential industries such as telecommunications and electronics (â€Å"globaledge†, 2003). United States companies that are in the telecommunications and electronics industries have a great opportunity for exporting, joint venturing, and investment in Austria.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The U.S. is Austria’s 3rd largest supplier of imports and largest trade partner outside of Europe (â€Å"CIA†, 2003). U.S. companies entering the market for the first time can benefit from the already established trade lines between the two countries. Austria’s market is highly competitive with high demands placed on quality, service, and price. This type of market is ideal for supporting the favorable reputation of high quality American made technological and electronic products. A US company would be able to compete with EU member nations products by exporting these products to Austria.   Ã‚  Ã‚  Ã‚  Ã‚  US companies looking to export products to Austria are able to employ the services of the Commercial Services of the United States Embassy in Vienna (CS Vienna) acquire the information necessary to begin its operations (â€Å"globaledge†, 2003). The following services would be offered to such compa... ... Austria’s market are very favorable to a US company that is looking to export goods. It is important to remember that while tariffs and value added taxes exist, most many goods do not have tariffs and consumers are willing to pay more for products that they see as inferior to all others. CONCLUSION   Ã‚  Ã‚  Ã‚  Ã‚  Ultimately, Austria’s market is very appealing to US companies looking to export technology-based products. This is clear after examining several factors including: marketing and management forces, physical forces, economic and socioeconomic forces, and cultural forces. It is necessary that any company entering the Austrian market be familiar with the pros and cons of all of these forces. Additionally, there are a few key barriers which exist, including the potentially weak Austrian economy, the high tax burden, and new EU members. While these barriers may seem intimidating it is necessary that any US company seek out and employ all of the resources which are available, including the Commercial Services of the United States Embassy in Vienna. In conclusion, Austria appears to be an untapped gold mine for United States companies which are looking to export technological goods.

IBM Essay

IBM is a multinational corporation that deals with communication technology, designing and selling of networking services. The company employees over sixty six thousand employees, its annual revenue as per 2008 was over thirty nine billion US dollars. It has its headquarters in New Orchard Road Armonk, New York. IBM is one of the top ten companies in the world that has been the most successful in acquiring other companies. Some of the best companies it has acquired have made it expand its operations as it integrates new skills and technology. IBM stands for International Business Machines. The company has won a good number of awards as it continues to receive recognition as the best in computer networking services. A part from networking business, the company is also involved in training programs to ensure empowerment of employees in the area of modern technology, Pugh (pp 20-26, 1995). It is also involved in environmental sustainability to maximize energy use. Despite the company being founded many years ago when technology was not at its peak, it has continued to make adjustments that has made its products to stand the taste of time. The company is sensitive to technological innovations and is therefore quick to make the necessary adjustments to its product. Being a networking industry, it believes in working with other companies to enhance sharing of ideas. Its consumer oriented focus has made it to diversify its productions. The company has always responded to the needs of consumers by reaching them despite their geographical locations. The company has several branches in other nations making their products even more accessible. IBM has had visionary leaders who have always strived to produce quality services. The current CEO, Samuel J. Palmisano is credited for his quality leadership that has made him work with reputable organisations. He is a focused leader who clearly understands his role as a CEO of IBM system. The company continues to grow strategically as its employees enjoy a good remuneration. Background of the company Harlow Bundy who was a manufacturer of time records founded IBM which was previously referred to as ITR in 1906. He moved his time recording company from Binghamton to Endicott in 1911. ITR merged with two other companies to form IBM. In the early years of its inception, the company employed three hundred workers bit by 1924 the employees had tripled to over nine hundred. The company had five buildings but by the end of ten years, the buildings had increased to twenty-five. Currently the company has numerous branches with thousands of employees. Currently IBM deals in products such as, IBM 650 RAMAC, the IBM 709 electronic data processing machine, the IBM 1401 data processing system and some of the System/370. The company was listed on the NASDAQ stock exchange. To enhance its operations, IBM liaised with other companies that would merge their products and talents. The biggest deal of the company was with star wind software. The company acquired Bundy manufacturing corp. , computing Scale Company, dey patent company, productivity solutions, green pasture software, trigo technologies and many more Thompson (pp 15-21, 1999). IBM has made several acquisitions, even though some have not been successful; it remains to be a leader in comparison to other companies in similar operations. During the dot com boom of 2000, IBM was the best in the world with a capitalization of over five hundred billion US dollars. By April 2009, the company had a capitalization of one hundred and four US dollars and still being ranked among the top companies. It was voted stock of the decade on NASDAQ. In 1990-2000, its7500 serious router was ranked third as the product of the decade. Apart from routing systems, IBM also deals in branch office routers, Ethernet switching, ATM networking, IP telephony, remote access and security. In 2002-2003, the company has received several awards namely; disaster relief and social responsibility in 2008, accessibility and kid smart in 2007, web adaptation in 2006 and reinvention education in 2005. The vision of the company is ‘we strive to lead in the invention, development and manufacture of the industry’s most advanced information technologies, including computer systems, software, storage systems and microelectronics. The revenue of the company is one hundred and three billion US dollars, net income is twelve billion US dollars, and total assets are one hundred and nine billion US dollars. The company has three hundred and ninety eight thousand, four hundred and fifty five worldwide. The records of stockholders are five hundred and sixty four thousand, two hundred and forty four.

Natural Threats To Coral Reef Environmental Sciences Essay

Coral Reef, coastal and pelagic ecosystem renowned for its beautiful life signifiers and for supplying one of the most biologically diverse home grounds on Earth. A reef is a ridge or outcrop of stone in the sea that comes near to the surface. A coral reef is a reef that has been built mostly or wholly by corals, bantam animate beings that live together in settlements. Over 100s or 1000s of old ages the limestone skeletons of coral physique up, with new corals turning on the skeletons of the dead 1s. This physical construction, with its populating surface of corals and other beings, is a coral reef. The corals that build reefs are found merely in warm tropical Waterss where sea temperatures seldom fall below 18 & A ; deg ; C ( 64 & A ; deg ; F ) . They thrive merely in clear seawater where bright sunshine can perforate. This is because corals can non be without the symbiotic algae called zooxanthellae that live in coral tissues and necessitate sunshine for photosynthesis. Many reefs are found around islands, or rather far from land at the border of Continental shelves. Some of the most extended countries of coral reefs are found in the Pacific Ocean, around the islands of Southeast Asia and off the seashore of Australia. Large countries of coral reef are besides found in the Indian Ocean and around the Red Sea and Arabian Sea. Many coral reefs besides exist in the Caribbean Sea. Because their skeletons are made of limestone, corals leave clear and abundant dodos. Some of the earliest signifiers of life-mound- or pillar-shaped fossilised stones known as stromatolites-resemble corals. The oldest stromatolites day of the month back 3.5 billion old ages. They were laid down by some of the simplest beings on Earth-blue-green algae ( besides known as blue-green algae ) . About 560 million old ages ago, limestone reefs built by bacteriums, algae, and sponges foremost appeared. The first complex corals, known as tabulate corals, are recorded at approximately 500 million old ages ago. The corals we know today foremost appeared about 220 million old ages ago, before the age of the dinosaurs. The first true coral reefs began to look about 205 million to 210 million old ages ago. Since this clip there have been several periods of major reef-building, but besides periods when corals declined and did non construct reefs. In all, shallow coral reefs occupy merely about 284,000 sq kilometer ( 110,000 sq myocardial infarction ) , or less than tenth part of 1 per centum ( 0.1 per centum ) of the universe ‘s oceans. Yet in this bantam country, coral reefs house a one-fourth of all marine fish species. Reefs are extremely productive resources for human existences. Hundreds of 1000000s of people live within easy range of coral reefs and trust on them to supply nutrient. Coral reefs besides help protect human colonies from big moving ridges during storms. Types of coral reef: Scientists have identified many types of coral reefs. They are known as spot reefs, fringing reefs, barrier reefs, bank reefs, and atolls. Patch reefs occur along a Continental shelf where mound-shaped knolls on the sea floor are near plenty to the surface to let corals to settle and turn. Fringing reefs occur along a bouldery coastline where corals or coral remains extend outward from the shore and organize an outmost line or ridge that runs parallel to the shore. After many centuries, the reef may turn up to the sea surface. As Marine animals, the corals can non turn above the surface. An unusual type of reef is the coral atoll. This is a big, shallow bank, with a depression in the center, typically annular. The British naturalist Charles Darwin right theorized how coral atolls are formed. Coral atolls get down as fringing reefs about active Oceanic vents. When the volcanic eruptions cease, an island remains. Over long geological periods the island begins to drop. The fringing reef continues to turn as the island sinks. Soon what was a fringing reef around the shore becomes a barrier reef separated from the shriveling island by a deeper laguna. After 1000s of old ages, the volcanic island sinks wholly below sea degree, but the corals continue to turn, organizing a round coral reef, an atoll. Conditionss for coral growing: Corals in general are found in all seas and oceans, even in deep oceans and cold Waterss. Reef-building corals, by contrast, require quite specific conditions in order to boom. None are found in countries where the H2O temperature drops much below 18 & A ; deg ; C ( 64 & A ; deg ; F ) for more than a few yearss. Likewise, although some species in the Arabian Sea on a regular basis encounter temperatures of 36 & A ; deg ; C ( 96.8 & A ; deg ; F ) , more usually corals are adapted to boom in a much smaller temperature scope. Apart from temperature, corals besides require clear Waterss. This is partially because they need sunlight to back up the algae that live within their tissues. They are besides really sensitive to atoms of clay or deposit subsiding on them, which means that corals seldom grow close to rivers or other beginnings of deposit. Menaces to Coral Reef: Natural Threats to Coral Reef: Reefs have ever been capable to natural menaces. Storms and hurricanes on a regular basis sweep across some tropical countries, conveying monolithic moving ridges capable of nailing corals even at deepnesss of 10 m ( 33 foot ) or more. Heavy rainfall can besides harm corals by conveying fresh H2O and deposits onto the reefs. Certain animals eat coral. This is normally a natural procedure on a coral reef, but one animal, the crown-of-thorns sea star, sometimes reaches plague proportions and can destruct all living coral on a reef in a few hebdomads. These pestilences may be natural, and reefs can surely retrieve. However, many scientists believe that overfishing of the natural marauders of these starfish may be declining the job. Starfish populations may besides be turning because they benefit from increased fresh H2O and deposits. Human Threats to Coral Reefs: The great majority of human menaces to coral reefs falls into four classs: pollution, deposit, overfishing, and planetary heating. Corals are susceptible to assorted signifiers of pollution, but likely the most common is merely the flow of foods from untreated sewerage and from agricultural land, particularly where there is heavy usage of pesticides or fertiliser. These foods cause big additions in algae, both in the plankton and in algae turning on the seafloor, which so smother the corals or barricade out the visible radiation. The sum of deposits making the sea has increased quickly over the past hundred old ages or more. This can be linked to the loss of woods and the development of new agricultural techniques that lay the land unfastened to rain and eroding. The deposits are swept into the oceans through rivers and watercourses and, like the algae, can surround and kill the coral. Fishing has been traveling on around coral reefs for 1000s of old ages. Problems arise when excessively many people try to catch fish from the reefs, or when, frequently out of despair, they turn to destructive steps to capture fish. The rapid growing of human populations, combined with the development of progressively efficient angling methods, means that reefs in many countries are overfished. The reefs have fewer and smaller fish than in the yesteryear, a catastrophe both for the reef ecosystem and for the fishers. In a few topographic points, notably in Southeast Asia, some fishers use explosives to capture fish. These explosives kill all fish within a certain country, every bit good as destructing the corals nearby. It takes many old ages for these damaged countries to retrieve. Coral Reef Protection: Despite these menaces, coral reefs can be protected. The consequences of this protection are good for people every bit good as for the reefs. In topographic points where there is chronic overfishing, better, more sustainable direction patterns can increase the entire fish Numberss, leting for more fish to reproduce and raising the gimmicks of the fishers. Sewage intervention and better direction of land countries can assist cut down pollution and deposit, leting reefs to retrieve from degraded provinces. The most of import tools for coral reef preservation are instruction and the constitution of protected countries. Closing off even comparatively little countries of coral reefs to fishing can hold dramatic consequences. Large Numberss of fish build up in these countries and spill over to the environing reefs, where fishers may catch them. These same countries become valuable finishs for tourers as they offer chances to see the reefs. They are besides likely to be of import countries to back up the recovery of reefs when there is devastation of reef countries through natural impacts or coral bleaching. As of 2005 more than 660 coral reefs were being protected, including two of the universe ‘s largest protected areas-the Great Barrier Reef off Australia and the coral reefs of the northwest Hawaiian Islands. The 660 protected reefs represent about 19 per centum of the universe ‘s coral reefs. Some reefs appear to be more resilient to coral decoloring than others. The protection of these reefs from other harmful human impacts will be critical, non merely for their ain endurance, but besides because these same reefs may supply new corals to repopulate damaged reefs. But in the long tally, denominating coral reefs as protected zones will non save any reefs from the planetary effects of clime alteration. Merely drastic decreases in nursery gas emanations, peculiarly C dioxide emanations, can protect coral reefs from the dangers of planetary heating.

Criminal proceedings against Alfred John Webb Essay

              The purpose of this contribution is to analyze the relationship between Article 34 TFEU and national rules regulating when, where, how and by whom a lawfully imported and marketed product may be used. According to that provision, quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.† The Treaty is silent on how one should understand the words â€Å"all measures having equivalent effect†. In Dassonville, the Court held that these words cover â€Å"all trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions.† This definition is far from being as operational as is sometimes presumed, since it begs at least two questions (Torfaen Borough Council, 1989). First, what measures constitute â€Å"trading rules † and, second, how serious an impact must a measure have before it is â€Å"hindering† intra-community trade.               In its practice, the Court has attached very little, if any, importance to whether national rules aim to regulate trade in goods or whether they pursue other aims. Indeed, in the case law it uses interchangeably the phrases â€Å"trading rules†,1 â€Å"all commercial rules†2, â€Å"all measures†3, â€Å"all rules†4 and â€Å"all legislation†5 to the regulatory subject matter of the national rule in question. The Court’s focus is thus on the effects, not the aim or purpose or the subject matter, of the measure in question. Similarly, regarding the second condition that the national measure be capable of â€Å"hindering† intra-community trade, the Court has consistently refused in principle to apply any de minimis test under Article 34.6 Measures which affect trade only indirectly or potentially therefore fall within the definition of a trade restriction (Torfaen Borough Council, 1989). Indeed, the Court in severa l cases has disregarded statistical evidence showing that imports have increased after a measure was introduced, on the basis that imports might have increased even more in the absence of such a measure.                Consequently, the definition of a trade restriction has become almost all-encompassing, and the legality of huge swaths of national rules therefore depend on the proportionally and justification-test enshrined in Articles 34 and 36 (ex art. 30). This in turn reduces legal certainty for both Member States and traders, and implies a significant risk of judicial overload for the Court itself. As the Sunday-trading saga illustrates, the Court is well aware of these concerns and its ruling in Keck, in relation to a particular group of national rules (i.e., selling arrangements), can be seen as an attempt to meet them. Moreover, in another line of cases, the Court in reality has come close to introducing a de minimis test (albeit at a very low threshold level) by holding that the restrictive effects which a national measure has on the free movement of goods may be too uncertain and too indirect for it to be regarded as capable of hindering trade between Member Stat es (Criminal proceedings against Alfred John Webb, 1981). The difficulty of establishing the appropriate scope of Article 34 of the Treaty is illustrated by the fact that while the Keck jurisprudence has been criticized for being too inflexible and unable to catch all genuine barriers to trade, it has been argued that the Krantz case law is too difficult to apply and therefore generates legal uncertainty. Use restrictions as measures of equivalent effect                  Against this background, let us turn to the relationship between Article 34 and national measures which allow the importation and marketing of a given product, but restrict when, where, how or by whom it may be used (hereafter â€Å"use restrictions†). Such rules are very common in national legislation. As an example, one could mention a requirement for persons to have attained a particular age before acquiring or using the product, such as a rule preventing minors from purchasing and/or drinking alcohol. The notion also covers rules prohibiting the use of the product in certain places or at certain times, like a ban on the use mobile phones in airplanes or a prohibition on the use of fireworks save for a few days of the year. Other examples would be local planning rules prohibiting the use of a given kind of brick or tile for the construction of houses in a particular area or a ban of certain activities for which a good is normally used, for examp le a ban on hunting with dogs and horses.                  Considering the vast number of such rules, it is important to consider whether use restrictions should be regarded as trade restrictions at all, and if so, how intrusive they must be to be caught by Article 34. Even a prohibition on wearing a particular type of clothing, such as a burka, in public places is arguably covered by this concept. On the one hand, the aim of such rules is normally not to regulate trade. Moreover, they generally do not affect the sale of imported goods more than they affect the sale of domestic goods. Finally, with a literal reading of Article 34 of the Treaty and the Court’s own ruling in Dassonville, it may be questioned how rules which do not limit the importation and marketing of the relevant product, but merely regulate how it may be used after its sale, can be said to constitute â€Å"trading rules†( Procureur du Roi, 1974). On the other hand, it is clear that some limitations on how a product may be used can negatively affect sales and import to a very significant extent. Indeed, whereas a prohibition on using mobile phones in airplanes hardly has any such effect, a ban on using fireworks all year except on 31 December is likely to (greatly) reduce demand for, and thus sales and import of, that good. Similarly, one may imagine that a ban on the use of SUVs in congested urban zones would constitute an efficient means for diminishing sales and import of such cars to the benefit of more environmentally friendly vehicles. Still, while it may be relatively easy to accept that rules completely banning the use of a given product constitute measures with equivalent effect to a quantitative restriction, it may be questioned whether rules merely limiting its lawful use need to be subject to a common European judicial control as to their legitimacy, suitability and necessity. To answer this question, it is, in our view, necessary to consider the practical and economic effect on trade of rules rest ricting the lawful use of goods. An argument can be made that, with the exception of (virtually) complete bans on use, the effects of use restrictions differ fundamentally from the effects of product related rules, and that use restrictions should rather be compared to selling arrangements. Part B               Restrictions of the free movement of goods are prohibited by Art 34 TFEU. Art 56 and Art 57 TFEU provide the same prohibition with regard to the freedom to provide and receive services. Up until now, the case law on restrictions of the free movement of goods has been far more extensive and nuanced, especially with the distinction between â€Å"product requirements† and â€Å"certain selling arrangements† made in the famous Keck-decision. However, with an increasing case load the Court’s attention seems to have gradually shifted to Art 56 and Art 57 TFEU. Even though goods and services are covered by separate Treaty provisions, it has been argued that the restriction of those two market freedoms requires equal treatment because of their substantial similarities and the fact that they are economically often strongly related. This close relation is, for example, visible in the area of advertising. In answering the question of whether a nation al ban on advertising is restricting, the focus could lie either on the advertised product or on the advertising service. The Court itself has held that, in the field of telecommunications, it is difficult to determine generally whether it is free movement of goods or freedom to provide services which should take priority, because the two aspects are often intimately linked. As A.G. Jacobs pointed out in Sà ¤ger, it is sometimes even difficult to distinguish between goods and services. An educational service could for example be provided by sending books or video-cassettes to a recipient in another Member State. In this situation there are both reasons to deal with this situation under Art 34 TFEU, as well as under Art 56 TFEU.                Sometimes a differentiation becomes even more elusive. In situations where only the service itself moves – for example by cable or through the internet – the only difference to the sale of goods is the immaterial nature of the offered service in contrast to the material nature of the good.6 Because of this close relation between goods and services, a different treatment of restrictions according to the choice of legal basis would seem arbitrary in many cases. In this paper, I will analyze the relationship between restrictions of the free movement of goods and the freedom to provide services; Is there a uniform restriction approach under Art 34 and Art 56 TFEU, and can the Keck-distinction between product requirements and certain selling arrangements be transposed into the field of services?( Procureur du Roi, 1974). It arises that both restriction-tests are based on the same principles of mutual recognition and nondiscrimination. Further, there is no need for a separate principle of market access because market access is the aim of the restriction test rather than an independent restriction criterion. Finally, it will be demonstrated that there is a need for the establishment of the categories of service requirements and arrangements for the provision of services under Art 56 TFEU equivalent to the Keck-judgment. Restriction of the Free Movement of Goods                   Art 34 TFEU prohibits quantitative restrictions on imports and all measures having equivalent effect. The wording of the provision, especially with regards to equivalently effective measures, is not inherently clear. As a consequence, the Court of Justice was given great discretion in interpreting and defining the scope of application of Art 34 TFEU. The Dassonville case in 1974 was the first opportunity the Court took to address the question of what national legislation could, in principle, constitute a measure having equivalent effect. The Court decided to give Art 34 TFEU a very broad meaning and stated that such measures are, â€Å"all trading rules enacted by Member States which are capable of hindering directly or indirectly, actually or potentially, intra-[union] trade†. In the important decision Cassis de Dijon the Court also established the principle of mutual recognition (Bond van Adverteerders and, 1988). According to this, Member State s are prohibited from restricting the sale of goods that have been lawfully produced under the rules of another Member State. The restriction is prohibited even if it results from the application of national regulations that do not distinguish between national and imported products (indistinctly applicable measures). The principle of mutual recognition seeks to prevent putting a double burden on imported products by requiring them to comply with two different sets of rules. If the product complies with the home State rules, any other Member State must in general accept that product on its market.                Controversy arises when the principle of mutual recognition and the principle of home.               State controls are used synonymously. In a broad interpretation mutual recognition is defined as a mechanism of allocation of regulatory competence to the country of origin designed to avoid a dual regulatory burden (Graziana Luisi and Giuseppe Carbone, 1984). Others put the focus on functional parallelism and the created further regulatory space for the host State control through the creation of the mandatory requirements exception. The host State can invoke those mandatory requirements, also known as public interest requirements, to justify the national rule and thus keep its regulatory power. However one wants to look at it, it is clear from the case law that there is no automatic recognition or unrestricted regulatory power of the home State because it is limited by the acceptance of mandatory requirements and the principle of functional equivalence. Therefore whenever home State control is mentioned, it has to be borne in mind that it is just a general as sumption of the allocation of regulatory power which can be rebutted.                   As a consequence of the extensive interpretation of Art 34 TFEU by the Court in Dassonville, nearly every national regulation could be brought under judicial scrutiny because it potentially constituted a hindrance to trade. While many consider Dassonville to be judicial activism beyond acceptable bounds, it must be seen in the context of the action or non-action of other European powers. Before the Dassonville decision Member States made little systematic effort to remove non-tariff barriers (Graziana Luisi and Giuseppe Carbone, 1984). The unanimity requirement for Council decisions led to political quasi-inactivity in the 1960s. In response, the Commission issued in 1969 the Directive 70/5017 which gave measures with equivalent effect an expansive reading and listed 19 types of prohibited rules and practices. All these factors influenced the Court in taking quasi-legislative action, becoming itself the driving force for the building of a common market. The most important consequence of Dassonville and following cases was that the Court empowered the main interest group for removing trade barriers, the European traders and producers, to challenge national legislation. Therefore, the pressure was on the Member States to justify legislation contrary to Art 34 TFEU. Limitation by Keck                   The Court’s case law constituted a great incentive to move towards a common market, but the breadth of the Dassonville-formula turned out to be a double-edged sword. The formula, which did not seem to provide limits to judicial review, was increasingly used as an instrument to attack any national legislation which stood in the way of free trade – like the famous Sunday trading cases show – and this led to an overload of cases. Moreover, national courts clearly signaled their disagreement with the lack of sensible limits and guidelines by simply not applying the formula. Finally, the Court faced heavy criticism in academic literature. These developments led to the important Keck decision in 1993. In this decision the Court limited the scope of judicial review regarding indistinctly applicable measures by adopting a differentiation suggested by academics (Bond van Adverteerders and, 1988). The differentiation was made between product r equirements on the one hand, which regulate the composition, packaging or presentation of a product, and certain selling requirements on the other, which only regulate the place, time and manner of selling products.                  According to the Court, product requirements are always considered to have equivalent effect to a quantitative restriction on trade, because they put a double burden on foreign products which already had to comply with their national requirements. In contrast, certain selling arrangements do not fall within the scope of Art 34 TFEU, provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States. This is because they do not prevent the access of foreign goods to the market or impede the access of foreign goods more than they impede the access of domestic products. With Keck the Court moved on from its approach in Dassonville and decided that, whereas the producing State is responsible for rules on product requirements which have to be recognized by the importing State (which had al ready been decided in Cassis), the importing State has in general the sole regulatory competence regarding certain selling arrangements provided that they do not discriminate products from other Member States in law or in fact. With the decisions in Cassis and Keck and the creation of mandatory requirements, the Court established a complex framework for the split in competence between the home State and the host State. Even though the Keck-decision was much criticized, the court nevertheless continuously applied the established distinction between product requirements and certain selling arrangements in later cases (Manfred Sà ¤ger, 1991). It ruled, for example, that there was no breach of Art 34 TFEU in cases of time limitations to the sale of goods or the provision that certain products can be sold only by licensed retailers. Nevertheless, if the selling arrangement is either discriminatory (in fact) or capable of imposing a double burden33, the Court will find a breach of Art 34 TFEU (Bond van Adverteerders and, 1988). Although the distinction has its shortcomings, especially because certain measures, such as advertisement regulations, cannot be put in one of the two categories, the Court has continually and successfully applied the Keck framework until today. However, in addition to the distinction between product requirements and certain selling arrangements, the rather elusive notion of â€Å"market access† and â€Å"market access test† has played a more and more prominent part in the academic discussion and in the Court’s case law. Two recent cases – Commission v. Italy (trailers) and Mickelsson and Roos36 – have given again cause to argue that the Court has put the focus back on a purely nondiscriminatory market access approach. I will now first analyze the notion of market access and then address the question of whether a market access test fulfills a separate function beside the distinction between product requirem ents and certain selling arrangements. I contend that the case law on market access can be traced back to the same principles that underlie the Keck-case law, being non-discrimination and mutual recognition, and that there is thus no need for a restriction test based on market access. References Case 8/74, Procureur du Roi v. Benoà ®t and Gustave Dassonville, [1974] ECR 837 Case 33/74, J.H.M. Van Binsbergen v. Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid, [1974] ECR 1299 Case 74/76, Iannelli & Volpi SpA v. Ditta Paolo Meroni, [1977] ECR 557 Case 279/80, Criminal proceedings against Alfred John Webb, [1981] ECR 3305 Joined Cases 286/82 & 26/83, Graziana Luisi and Giuseppe Carbone v. Ministero del Tesoro, [1984] ECR 377 Case 188/84, Commission v. France (woodworking), [1986] ECR 419 Case 352/85, Bond van Adverteerders and others v. The Netherlands State, [1988] ECR 2085 Case C-145/88, Torfaen Borough Council v. B & Q plc, [1989] ECR 3851 Case C-288/89, Stichting Collectieve Antennevoorziening Gouda and others v. Commissariaat voor de Media, [1991] ECR I-4007 Case C-76/90, Manfred Sà ¤ger v. Dennemeyer & Co. Ltd, [1991] ECR I-4421 Source document