LLM Commercial Law

Sample details Pages: 15 Words: 4560 Downloads: 5 Date added: 2017/06/26 Category Statistics Essay Did you like this example? LL.M Commercial Law Should Courts Lift the Corporate Veil to a significantly greater extent? The doctrine laid down in Salomon v Salomon Co Ltd has to be watched very carefully. It has often been supposed to cast a veil over the personality of a limited company through which the courts cannot see. But that is not true. Don’t waste time! Our writers will create an original "LLM Commercial Law | Law Dissertations" essay for you Create order The courts can and often do draw aside the veil. They can and often do pull off the mask. They look to see what really lies behind. The legislature has shown the way with group accounts and the rest. And the courts should follow suit. I think that we should look at the Fork company and see it as it really is the wholly owned subsidiary of the tax payers. It is the creature, the puppet of the taxpayers in point of fact, and it should be so regarded in point of law. Per Lord Denning MR, Littlewoods Mail Order Stores Ltd v I.R.C. [1969] 3 All ER 855 Bibliography 1.0Introduction This dissertation will discuss the principles of limited liability and corporate personality and the courts reluctance to disregard the corporate veil the principle called piercing the Corporate Veil. We shall consider the circumstances in which the Courts have been able to pierce the veil of incorporation and the reasons as to why they have in most cases upheld the decision in Solomon v Solomon Co[1]. All companies in the United Kingdom have to be registered and incorporated under the Companies Act which governs the principle of limited liability hence giving the owners or shareholders a curtain against liability from creditors in the case of the company falling into financial troubles. This curtain so created gives the company a separate legal personality so that it can sue and be sued in its own right and the only loss to the owners or shareholders is the number of shares held in the company on liquidation with no effect on their personal assets. This distinct separation between the owners or shareholders and the limited company is the concept referred to as the veil of incorporation or corporate veil. In conclusion, it shall be argued that the courts should lift or pierce the corporate veil to a significantly greater extent so as to hold erring shareholders or directors of a corporation liable for the debts or liabilities of the corporation despite the general principle of limited liability were the corporation has insufficient assets to off-set the creditor liabilities. 2.0Limited liability and Corporate Personality The principles of limited liability and corporate personality are the cornerstone of the United Kingdom company law since the Joint Stock Companies Act 1844, its consolidation in 1856[2] and the introduction of the Limited Liability Act 1855. These two principles have been so guarded by the courts as being fundamental to todays company law by upholding the separate legal personality of a corporate entity. However, whilst the original intention of the legislation was to help companies raise capital through the issue of shares without exposing the shareholders to risk beyond the shares held, the present attraction to incorporating a company is the advantage of shielding behind the curtain of limited liability which could be abused by some businessmen. 2.1Companies Act 2006 Article 3 (1) provides that a company is a limited company if the liability of its members is limited by its constitution. Article 7 (2) provides that a company may not be so formed for an unlawful purpose. Article 16 (2) The subscribers to the memorandum, together with such other persons as may from time to time become members of the company, are a body corporate by the name stated in the certificate of incorporation. (3) That body corporate is capable of exercising all the functions of an incorporated company. 2.2Limited liability As stated above, the doctrine of limited liability was introduced by the Limited Liability Act 1855 as a means by which companies could raise capital by selling company shares without exposing the shareholders to unlimited liability.[3] The principle of limited liability shields the company owners, shareholders and directors or managers against personal liability in the event of the company winding up or becoming insolvent. In such an event the liability of its owners and shareholders is limited to the individual shareholding held as provided for by the Companies Act 2006 and the Insolvency Act 1986[4]. This means that the members of a company do not have to contribute their personal assets to the company assets to meet the obligations of the company to its creditors on its liquidation but have to contribute the full nominal value of the shares held by individual shareholders. It should be noted here that such limited liability does not shield the limited company from liability until all its debts or assets are exhausted. This principle has so been held since the House of Lords ruling in the Solomon case[5] in which the Lords where of the view that the motives behind the formation of a corporation was irrelevant in determining its rights and liabilities as long as all the requirements of registration are complied with and the company is not formed for an unlawful purpose[6]. Much as a limited company has a separate legal personality, its decisions are made by directors and managers who should use the powers conferred unto them by the company board of directors and the memorandum and articles of association[7], and any abuse will entail personal liability by the officer concerned. Limited liability encompasses both the small enterprise including one-man companies[8] and big companies hence limiting the liabilities to company assets and not to any other personal assets.[9] This view has been endorsed in recent times through numerous cases as evidenced in a one-man company, Lees Air Farming. Lee was the majority shareholder and director in the company in which he was also the employee. He was killed on duty in an air accident and the court held that Lee and the company were two separate entities and hence entitled to compensation.[10] The courts will only in exceptional circumstances such as abuse, fraud or where the company was used as an agent of its owner disregard the doctrine of limited liability and hold members, shareholders or directors personally liable for the debts and other company obligations to the creditors in what has been termed the piercing or lifting of the veil of incorporation. However, there are several statutory laws which allow for the principle of limited liability to be ignored in such situations as in the reporting of financial statements of group companies[11], corporate crime and insolvency[12] which we shall discuss below. 2.3Corporate Personality A limited company is a legal person[13] with an existence which is separate and independent from its members as long as all the formalities of registration are adhered with in line with the Act. The corporate identity entails the company can sue and be sued in its own right without affecting its owners or shareholders rights. It is trite law that the only plaintiff to a wrong done to a company is prima facie company itself and not its shareholders[14] except in instances where there is a fraud against shareholders or the acts complained of are illegal. The company has been held as having an independent legal corporate personality since it was first held in the case of Solomon v A Solomon Co Ltd[15]. To emphasise this point, Lord Macnaghten said that it seemed impossible to dispute that once the company is legally incorporated it must be treated like any other independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.[16] In this case, Solomon registered his company into a limited company under the Companies Act[17] which required a minimum of seven (7) members for incorporation. Solomon became the major shareholder with his wife and children holding a share each but the company ran into financial problems leaving no assets for the unsecured creditors on liquidation. Whilst the court of appeal held the company to be a sham and an alias, trustee or nominee for Solomon and that the transaction was contrary to the true intent of the Companies Act[18] the House of Lords reversed this decision and held that the company had been validly registered as required by the Act and hence had a separate legal personality from the shareholders. In arriving at this decision, Lord Macnaghten said that, The company is at law a different person altogether from the subscribers.Nor are the subscribers, as members liable, in any shape or form, except to the extent and in the manner provided by the Act. This decision shows that the House of Lords identified that the important factor was the observance of the requirements and formalities of the Act which safeguarded the principles of limited liability and corporate personality.To date, this is the correct interpretation of the Companys Act and it is important that the principle in maintained in the advancement of commerce. It should be noted here that the principle of corporate personality does not affect the company creditors to a large extent as far as the recovery of the debts is concerned. Following the decision in the Solomon case, Professor Gower has described a limited company as being opaque and impassable[19], whilst on the other hand it was described as calamitous[20]. Some commentators suggest that courts have been more inclined to the maintenance of the sanctity of the separate legal integrity of a company and have resisted the common law resolution of peering under the skirts of a company to examine its linen (dirty or otherwise)[21] as can be observed from the numerous cases since the Solomon case. The foregoing shows the importance to commerce of the incorporation of a company as it allows for continuity of the business transactions despite any changes in the owners, administrators, directors or shareholders of the company. However, common law has in some exceptional instances ignored this principle in stances of abuse or fraudulent use of a sham corporate structure. The courts have ignored the corporate sham structure and peer behind the veil to identify the directing mind and will that control the company and such intervention being termed as lifting the veil, cloak[22] or mask[23]. Whilst the courts have at times pierced the veil to benefit creditors when a company is placed under liquidation, there has been reluctance by the same courts to pierce the veil in instances which could have favourable results for shareholders.[24] 3.0One-man Limited Companies The Council Directive 89/667[25] provides for the formation of one-man private companies hence moving away from the Joint Stock Companies Act 1856 requirements. This Directive highlights the advancement in commerce and as can be indentified from the Solomon case, Mr Solomon was the owner of the company and only registered the other six shares for his wife and children to fulfil the requirements of the Act. The company owner in these one-man corporations would in most instances also be the director in which case some unscrupulous individuals could escape liability for their own misconduct by holding assets in the name of the corporation. The courts are prepared to pierce the corporate veil in a one man company so as to be enabled to treat assets of the company as property held by the defendants were the company is held to be an alter ego of the owner.[26] However, the courts have shown that they are not prepared to pierce the corporate veil even in one-man limited companies as long as they are properly registered as required by the Act. In the case lee v LeesAir Farming[27] mentioned above, Mr Lee incorporated Lees Farming Limited and was the director and controlling officer as an employee of the company. On his death in an air crush whilst on duty and the family claimed workers compensation. The court held that the company and Mr Lee were distinct and separate entities and hence Mr Lee was a worker in his own company. Hence we see here the courts upholding of the principle set down by the rule in Solomon v Solomon[28] which has remained controversial[29] with changing commercial activity and globalisation. The courts have been more willing to pierce the veil in one-man companies were the owner of the company is usually the controlling officer and does not deal with the company at arms length. In the case of Wallersteiner v Moir[30], Lord Denning held that the subsidiaries were controlled by Dr Wallersteiner making them puppets which danced to his bidding. Lord Denning is pointing out here that whilst the subsidiaries appeared to have a separate personality, they were in reality his agents or sham companies with no existence of their own and hence warranted the piercing of the veil. This principle of corporate personality as established in the Salomon case has been extended to groups companies which we shall look at below. 4.0Group Companies Group companies comprise of the parent company with its subsidiaries carrying on their businesses not as a common enterprise or single economic unit[31], though portraying it as such to the outside world. The principle of limited liability applies to the subsidiary companies so formed as they are registered companies under the Act and as such each has a separate legal personality to the parent company and hence can sue and be sued in their own right. The advantage of this arrangement to the group is that it limits liability to each subsidiary company in the group whilst sharing the group profits for the benefit of the group structure. Such group structures can lead to the parent company forming subsidiary companies to run its risky part of the business and hence insulating itself from liability in the event of the subsidiary company failing to meet its obligations to the creditors.[32] The effect of corporate personality in group companies is that each entity is legally independent and separate from other subsidiaries and the parent, hence each entity being liable for its own debts,[33] which affirms the Solomon principle. Lord Justice Slade said: Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entities.[34] This is still the law and an affirmation of the principle in the Solomon case. In the case of Ord Another v Belhaven Pubs Ltd,[35] the proprietors of a company which was in the business of acquiring old pub premises, doing them up and then letting them to tenants, duly let a renovated pub building to Ord. There had been misrepresentations made by the company as to the potential profitability of the premises which only came to light some time later. By the time Belhaven Pubs Ltd had ceased trading and could not meet its debts. Ord sought leave to substitute the parent company. The Court of Appeal held that the defendant company which had granted the lease was legitimate and had not been a mere faade for the holding company and hence could not be substituted. This basic principle of separate legal identity has been re-affirmed more recently in the Court of Appeal decision in Adams v Cape Industries PLC[36]. In this case, the defendant company was a member of a corporate group with a UK parent company. The employees in its US subsidiaries were injured by inhaling asbestos dust and had successfully sued the subsidiaries in US courts. They applied to enforce judgement against the parent company arguing that Cape had been present in the USA through its subsidiaries as they formed a single economic unit. The Court declined to pierce the corporate veil and held that the fundamental principle is that each company in a group of companies is a separate legal entity possessed of separate legal rights and liabilities The principle in the case of Salomon was upheld on the basis that the subsidiary companies had been legitimately formed and hence were separate legal entities distinct from the parent company. 5.1The Directing Mind A registered company is a separate and distinct legal entity, a body corporate[37] possessing rights and made subject to duties being able to sue and be sued in its own right. In the case of Lennards Carrying Co Ltd v Asiatic Petroleum Co. Ltd[38], the court held that, a corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes may be called an agent, but who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation.. So we see here that the courts are willing to look behind the corporate veil as a matter of law so as to establish the directing officer behind the decisions and actions taken by the company. The directing mind of a corporation is the senior person whose authority is derived from the companys board of directors to perform the functions of the company as directed and for the benefit of the company.[39] In the course of business, such senior persons would then delegate their authority to other employees for the efficient running of the company in which case such employees actions or inactions would be considered as those of the directing mind. Lord Reid further went on to define the directing mind and will of the company as the person who acts for the company as he acts as the company and his mind which directs his acts is the mind of the company.. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company.[40] Therefore, this would mean that the directing mind and will of the company is any employee who performs certain functions for the corporation as long as he has the authority to do so and does not act outside his mandate in which case he will be held personally liable[41]. In Williams and another v. Natural life health foods ltd and mistlin,[42] the case of a small one-person company, Sir Patrick Russell in his dissenting judgment pointed out that the managing director will almost inevitably be the one possessed of qualities essential to the functioning of the company, but that in itself does not mean that the director is willing to be personally liable to the companys customers. Therefore to convict a company, the court will go behind the status of the separate legal entity distinction so as to establish the directing mind and will of the company controlling its activities[43]. However, it has been identified that the principle of limited liability can be subject to abuse and in the circumstances were there is statute will not provide justice or equity, the courts have in such exceptional circumstances disregarded the principle and held the shareholders or directors accountable for their decisions in the running of the company. The process in which the courts have disregarded the principle of limited liability is called piercing the corporate veil which is the main discussion of this document. 5.2Tortious Liability The company is vicariously liable for any torts committed by its employees or agents whilst acting in the course of the official duties and shall not be called into question on the ground of lack of capacity[44] whilst the employee or agent remains the primary tortfeasor[45]. It is therefore clear that the directing mind and will can sometimes be personally liable for torts, for which the company is also liable, for their fraudulent acts though done on behalf of the company. 4.3Criminal Liability The Barrow Borough Council case is thought to be the first prosecution of a local authority for corporate manslaughter. To convict a company of corporate manslaughter, the prosecution must prove the companys conduct, which led to the deaths, was the conduct of a senior person in the companythe directing mind (also often referred to as the controlling mind). In practical terms, this means that for a company to be guilty of corporate manslaughter a senior person (normally a director) also has to be guilty of manslaughter. The difficulty with these cases, particularly against larger companies with layers of management, is proving a causal link between the conduct (or lack of it) of the directing mind and the incident that caused death. 6.0The Corporate Veil The corporate veil is the curtain that legally separates the company from its shareholders hence holding the company as having a separate legal personality and limited liability. In curtailing any abuses of limited liability and the protection of creditors to both small and group companies, the courts have in certain instances, though reluctantly, looked behind the corporate veil to establish the true intent of the controlling officers of the company. The courts have in the rare circumstances ignored the corporate form and looked at the business realities of the situation so as to prevent the deliberate evasion of contractual obligations, to prevent fraud or other criminal activities and in the interest of public policy and morality. Piercing the corporate veil has not been complicated in one-man companies were the owner is usually the director and hence the controlling officer as compared to group companies which have a layered structure. The controlling officer[46] will be held liable and asked to account for his actions so that the company can fulfil its financial obligations to its creditors in the event of company insolvency. In the case of Royal Brunei Airlines v Tan[47] made clear. 6.1Lifting the Corporate Veil The corporate veil is a curtain that shields company shareholders and directors from personal liability by the principle of limited liability in the event of the company being insolvent and unable to fulfil its obligations. The lifting of the corporate veil concept describes a legal decision where the limited company shareholders or directors are held liable for the debts or other liabilities of the corporation contrary to the principle of limited liability. Whilst there is strict liability legislation to prosecute erring limited companies for statutory offences but were there is insufficient statutory protection, the common law remedy of piercing of the corporate veil is imposed by the courts so as to put liability on the controlling officer (directing mind) of the corporation. However, the courts have been reluctant to rebut the principle of limited liability and only in exceptional circumstances have they been willing to pierce the corporate veil to establish the true facts. In this way, certain individuals or parent-companies responsible for the companys actions are held liable so at to account for their decisions as shareholders or directors. Generally, the UK corporate law holds that the shareholders, directors or parent-companies are not liable for corporate obligations of the companies or subsidiaries they control hence maintaining the principles of limited liability and separate legal corporate personality. The principles of separate legal personality and limited liability have been long recognised in English law[48] and that the shareholders or directors are not liable for the debts of the company as long as it is properly administered.[49] However, in exceptional circumstances[50], the courts have been prepared to look behind the company and establish the actions or inactions of the directors and shareholders using the process known as piercing the corporate veil. Piercing the corporate veil is the process whereby the court ignores the principle of corporate personality and holds the shareholders or directors liable for their actions so that they meet the company obligations in their personal capacities.The courts will pierce or the veil were the corporate structure has been used as an instrument of fraud or to circumvert the law.[51] It has been argued that whilst the courts have used the doctrine of piercing the corporate veil though reluctantly, it is still not well understood leading to uncertainties in the legal process.[52] Some commentators have argued that the exceptional circumstances in which the courts have justified the piercing of the corporate veil is uncertain as evidenced by the number of contradictory decisions by the courts.[53]Goulding[54] further argues that it is not possible to distil any single principle from the decided cases as to when the courts will lift the veil due to the diversity of the cases, though they are more willing in cases of extreme abuse.[55] In the leading case on this subject, Solomon v Solomon[56] discussed above, the House of Lords maintained that individuals could organise their affairs as they wanted and that if they chose to do so via incorporation they were entitled to the protection of limited liability as long as the incorporation was in accordance with the formal rules of the relevant legislation. Though it is English trite law that the incorporation of a company protects the members from company liability by the principle of limited liability, there are both statutory and common law exceptions to the principle in cases of abuse of the corporate structure. 7.0Statutory Exceptions Gower and Davies[57] argue that the courts are willing to lift the veil were statutory wording of a particular statute[58] is explicit as Parliament intended. The courts have resisted the temptation to pierce the veil because they consider it just to do so[59] though they are more willing in exceptional circumstances or were they feel that the shareholders or directors are concealing the true facts[60]. However, the courts have been reluctant to lift the veil were the statute does not specifically provide for it. There are various Acts which specifically provide for the lifting of the corporate veil and as such are strict and have to be followed. Following are a few examples of both civil and criminal liability imposed on limited companies. Companies Act 2006 sections 398 and 399 Group of companies Although each company is a separate legal person, section 399 (2) requires that the parent company prepares group accounts at the end of the financial year so as to give a true and fair view of the assets, liabilities, financial position and profit or loss. This Act looks at the group of companies as a single economic entity and in effect lifting the corporate veil which goes against the principles of corporate personality and limited liability.

evaluate the effectiveness of health and social care...

Unit 14 – physiological disorders P1 P2 P3 Explain the nature of two named physiological disorders Explain the signs and symptoms Describe the investigations that are carried out to enable the diagnosis. The two physiological disorders I will be talking about in this assignment is hypertension and Diabetes. Pulmonary hypertension Pulmonary hypertension is a lung disorder. The arteries that carry blood from the heart to the lungs become narrowed, making it very hard for the blood to get through the vessels, this then causes the pressure in the arteries to increase more than usual (high blood pressure). Scientists think that the procedure starts with injury to the layer of cells that line the small blood vessels of the lungs.†¦show more content†¦Complete blood count (CBC): Tests for infection, elevated hemoglobin, and anemia B-type natriuretic peptide (BNP): A marker for heart failure† other intense tests can be done to make the diagnosis much clearer such as Doppler echocardiogram, this uses sound waves to show the function of the right ventricle to measure the blood flow through the heart valves, and then calculate the systolic pulmonary artery pressure. There is also an X-ray, this is done on the chest. This can show any increase or decrease in size of the right ventricle and arteries. A simpler test such as the 6-minute walk test, this controls exercise patience level and blood oxygen saturation level during exercise. There is also a Pulmonary function test, this seeks for other lung conditions such as chronic obstructive pulmonary disease and idiopathic pulmonary fibrosis compared to others. Also there is a Polysomnogram or overnight oximetry, this monitors sleep apnea (results in low oxygen levels at night). Also a right heart catheterization, this measures various heart pressures ( inside the pulmonary arteries, coming from the left side of the heart), the rate at which the heart is able to pump blood, and finds any leaks between the right and left sides of the heart. Theres also other scans such as a ventilation perfusion scan, this looks for blood clots along the pathway to the lungs. OtherShow MoreRelatedEffectiveness Of Health And Social Care2541 Words   |  11 PagesM2 Discuss how the practitioners and agencies involved in the care pathways work together to provide the care needed for both physiological disorders Introduction In this assignment I will discuss the effectiveness of health and social care practitioners and agencies working together to deliver the care pathway for one of the chosen physiological disorders. The disorder I have chosen to evaluate is diabetes type 2 diabetes. 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Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesSenior Operations Supervisor: Arnold Vila Operations Specialist: Cathleen Petersen Senior Art Director: Janet Slowik Art Director: Kenny Beck Text and Cover Designer: Wanda Espana OB Poll Graphics: Electra Graphics Cover Art: honey comb and a bee working / Shutterstock / LilKar Sr. Media Project Manager, Editorial: Denise Vaughn Media Project Manager, Production: Lisa Rinaldi Full-Service Project Management: Christian Holdener, S4Carlisle Publishing Services Composition: S4Carlisle Publishing Services

The Unique Film-making of Tim Burton Free Essays

Tim Burton uses diegetic sounds, lighting, and high angles to express his creative cinematic style. He uses these various techniques to show how he differs from other directors styles. His choice of using these techniques relates back to his childhood, Burton was a reclusive child and very different while growing up. We will write a custom essay sample on The Unique Film-making of Tim Burton or any similar topic only for you Order Now In the movies Edward Scissorhands and The Corpse Bride, he applies these various techniques. In the movie Edward Scissorhands, Burton uses diegetic sounds to foreshadow upcoming events in the movie. He uses the snip of the scissors when Peg, the Avon lady, was in the what seemed deserted mansion to foreshadow what/who Edward was relating to the scissors. Also in Edward Scissorhands, he used the diegetic chopping of the lettuce to accompany a flashback of Edwards past. This helped us understand more about Edward and how he became to be. In The Corpse Bride, Burton uses the diegetic sounds of Victor’s vows to also foreshadow the upcoming events with the corpse bride. Later on in that scene he used the cracking sound of the hand of Emily to show that she was now â€Å"alive†. The â€Å"I do† of Emily was included to show that Victor was now â€Å"married† to Emily. Tim Burton used a series of various types of lighting in the movies Edward Scissorhands, and The Corpse Bride. In Edward Scissorhands, he used a lot of high key lighting in the town, which had very bright pastel colors. He also used high key in the jail during the conversation between Edward and Peg. He used this so we, as the audience, could focus on the scene playing out. In Corpse Bride, How to cite The Unique Film-making of Tim Burton, Essay examples

Abortion Controversial Hot Topic That Has Been Around free essay sample

Abortion, a controversial hot topic that has been around for years. Whether it be for, or against abortion, the side you wish to choose will have many debates associated with it. Not to be confused with the English word, miscarriage, which is the spontaneous, unintentional loss of an immature embryo, or fetus before viability. Abortion is the removal of the embryo, or fetus from the uterus purposely. This may be done if the country, or state that the woman lives in permits the procedure to take place. Although some countries prohibit abortion, there are many places that will do it illegally. About 80% of women have made up their minds before even setting out and seeking an abortion, even though the Abortion Act implies that the decision to terminate pregnancy is one that is made due to medical issues, and gives the woman no choice. If a practitioners decides that the reason for an abortion is reasonable, they will sign a certificate, and then the woman is referred to a private clinic, or gynecological department. Usually, the second signature is usually that of a staff member or that clinic, or hospital. The entire procedure is discussed, and counseled beforehand. It is recommended to allow time between leaving, and making the final decision for termination. Some woman may change their minds at any given time, and may decide she after all did not want an abortion. There are many various ways to perform an abortion. One way is done by drugs that make the uterus contract, and expel the embryo. This seems to be the more safe methods than most. Terminating a pregnancy is much easier to be done before ten weeks. Deciding to have an abortion later than ten weeks becomes difficult, and perhaps more dangerous Another method is known as Dilation and Extraction ( more commonly known as D and X). This is mostly used when the fetus is roughly from 4 to 9 months in the womb. To identify how the fetus is facing, an ultrasound is given to the mother. The person performing the abortion inserts forceps through the cervical canal into the uterus. Then, one of the babyaâ‚ ¬Ã¢â€ž ¢s legs are grasped, so that the babyaâ‚ ¬Ã¢â€ž ¢s feet are out of the cervix first, and the face is down in the breech position. Whether a medical, or surgical method is used is depended to some extent on the hospital. This may be argued in favor of either method, but choosing a medical method means that anesthetics are not involved where as a surgical method does. The majority of the babyaâ‚ ¬Ã¢â€ž ¢s is pulled out of the birth canal, excluding the head. This is because the head is too large to pass through the cervix. At this point, the baby is alive. The abortionist inserts his finger in a hook position over the babyaâ‚ ¬Ã¢â€ž ¢s shoulder, and holds the womanaâ‚ ¬Ã¢â€ž ¢s cervix away from the babyaâ‚ ¬Ã¢â€ž ¢s neck. A blunt tipped surgical scissor is then inserted into the base of the skull. After, the tips are spread apart to enlarge the wound. A suction catheter is then placed into the skull, and the brain matter is sucked out. The skull deflated, and the babyaâ‚ ¬Ã¢â€ž ¢s head then passes through the cervix easily. Assuming that is it done correctly, modern abortion procedures are safe. The risk of a woman dying from an abortion is less than one in 100,000. Surprisingly, the risk of a woman dying from giving birth is 13 deaths per 100,000 pregnancies Some argue that abortion access is necessary. Contraceptives are not always easily obtainable. Women need doctor prescriptions to buy most birth control methods. A few of those methods are the patch, the shot, the pill, or the diaphragm. Roughly half of all large group-insurance plans do not cover most, or all forms of birth control. A study that was conducted in about July, or August of 2001 by Guttmacher Institute on heath care insurers found that 75% of insured woman lacked contraceptive coverage. By 2009, 17 million US woman were completely un insured. Abortions are very common. 1 out every 3 women in the US have an abortion by the time they are 45 years years old. Motherhood should never be viewed as a punishment for having sex. President Barack Obama said during a campaign speech in Johnson, Pennsylvania, aâ‚ ¬? I have two daughters. Iaâ‚ ¬Ã¢â€ž ¢m going to teach them the first values about morals, but if they make a mistake, I donaâ‚ ¬Ã¢â€ž ¢t want them punished with a baby. â‚ ¬? Others may argue that abortions eliminates the potential life of a human being. They say that the US would be a completely different country if the mothers of our nations great presidents, athletes, and our nationaâ‚ ¬Ã¢â€ž ¢s heroes had chosen abortion. Unborn babies are innocent human beings from the time of conc eption. They have fundamental rights to life, which should entirely be protected. According to Janet L. Hopson, a science textbook writer and instructor at San Francisco State University, the fetus is capable of feeling pain by the twelfth week. Essentially, abortion is view as wrong because pain is inflected on a living, and defenseless human being. Depending on your view points, abortion may, or may not be the best thing in your opinion. If you are a woman seeking an abortion, whether it is a medical, or personal reason for choosing to terminate a pregnancy,you should look over every single aspect of abortion, including each, and every method. Being informed on both views is the best thing you can do to make a educated decision for you, and your fetuses life

The Mafia Essay Example For Students

The Mafia Essay The MafiaThe Mafia, a well-known crime organization,is still prevalent in society today. In the past five years the SicilianMafia has taken some heavy hits, with the murders of two leading prosecutorsin Mafia-related trials (Coming back). The prosecutors were GiovanniFalcone ( see picture), and Paulo Borsellino. Their successors have managedto put behind bars their murderers and an entire Mafia cupola ( ComingBack). So what exactly is the Mafia? And where did it originate?The word Mafia has two meanings, oneis that it means manly and the other is Morte alla Franca ItaliaAnela which means, death to France is Italys cry ( Mafia History). We will write a custom essay on The Mafia specifically for you for only $16.38 $13.9/page Order now The meaning came from the fact that Italians more specifically Sicilians,had to adapt to numerous invasions from Arabs, Normans and the French. The word Mafia in Arab also means refuge. The original inhabitants of Sicilywere oppressed and had to seek places of shelter and refuge ( Arlacchi). The Normans when invading Sicily in the 11th century; the native peoplewere forced into labor on the large estates their rulers made. Theironly way of escape was to seek shelter in the hills on the island of Sicily( refer to picture of Corleone). There in the hills the natives formed Secret societies that were meantto unify the natives against their enemies. The societies createda bond or strong sense of family based on their Sicilian heritage ( MafiaHistory). Their societies began to form structureand the idea of family was carried out through this framework. The layoutwas strongly hierarchical. At the head of the organizations were Dons orchiefs, who were in supreme control of the Mafia chapters in each village( Coming Back ). They however reported to the don of dons who livedin the capital of Sicily, the city of Palermo. Mafia leadership isthe Cupola much like a board of directors ( blumenthal p14). The Mafia Dons never really got into the actual business they were involvedin as not to get their hands dirty. They formed individual units calledCaporegime that answered to the Don. The Caporegime controlled thesoldiers or workers that did the dirty work of collecting debts and evenmurder (Arlacchi 23). Joining the Mafia is a lifetime commitmentstronger than family from which you cannot retire, you are bound by bloodand sworn by secrecy ( Mafia History). To join the Mafia you must takean oath based on five principals. The Omerta, is the first principal itis the code of silence that no matter what, even under the threat of tortureor death, you will reveal no secrets. Second you must pledge total obedienceto your don. Third you must lend assistance to any befriended Mafia faction. Fourth you must vow to avenge any attack on members of the family, anattack on one is an attack on all. Fifthly and the most important is toavoid any and all contact with the law ( Mafia History). By the 19th century the Mafia had grownvast and strong. It had once been a small group of rebels that had turnedinto a large criminal society ( I.O.C.G). In these early times of the Mafiathe most common form of extortion was the handing out of Black Hand Notes.These notes were handed to wealthy citizens, and were sincere requestsfor large sums of money in exchange for some form of protection. If thevictims did not comply with the note, they could expect bombings, kidnappings,and murders to help convince them ( Mafia History). In 1876 a Mafia donRaffeale Palizzo ran for political office to infiltrate Sicilian government,and run it from inside and outside the law. He succeeded in getting electedby holding many voters under gunpoint. Inside the government he had DonCrispi of Sicily elected Prime minister. Twenty-six hundred public administratorswere indicted for corruption and other crimes in Sicily ( Arlacchi 28-29). .u36f7c2b3079304a108c435b1b4388f12 , .u36f7c2b3079304a108c435b1b4388f12 .postImageUrl , .u36f7c2b3079304a108c435b1b4388f12 .centered-text-area { min-height: 80px; position: relative; } .u36f7c2b3079304a108c435b1b4388f12 , .u36f7c2b3079304a108c435b1b4388f12:hover , .u36f7c2b3079304a108c435b1b4388f12:visited , .u36f7c2b3079304a108c435b1b4388f12:active { border:0!important; } .u36f7c2b3079304a108c435b1b4388f12 .clearfix:after { content: ""; display: table; clear: both; } .u36f7c2b3079304a108c435b1b4388f12 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u36f7c2b3079304a108c435b1b4388f12:active , .u36f7c2b3079304a108c435b1b4388f12:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u36f7c2b3079304a108c435b1b4388f12 .centered-text-area { width: 100%; position: relative ; } .u36f7c2b3079304a108c435b1b4388f12 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u36f7c2b3079304a108c435b1b4388f12 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u36f7c2b3079304a108c435b1b4388f12 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u36f7c2b3079304a108c435b1b4388f12:hover .ctaButton { background-color: #34495E!important; } .u36f7c2b3079304a108c435b1b4388f12 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u36f7c2b3079304a108c435b1b4388f12 .u36f7c2b3079304a108c435b1b4388f12-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u36f7c2b3079304a108c435b1b4388f12:after { content: ""; display: block; clear: both; } READ: Stem Cell Research EssayThe whole island had come under Mafia control and they began to suck nationalfunds into their hands. Yet the Mafia was and always will be opposedby some people or organizations. Opposition to the Mafia was always metwith violence ( Blumenthal 7). A well-known example of this, is the caseof a man Emanuel Notarbartolo who was the director of the bank in Sicily. Emanuel publicly announced that he promised to rid the land of the Mafiaonce and for all. In 1893 he was assassinated, and don Palizzo took overhis position. This was not the end though, Notarbartolos son vowed tobring his fathers killers to justice. He managed to get Palizzo indicted,but however the dons control was so vast that he was released ( MafiaHistory). Witnesses had been unwilling to cooperate and even policedocuments somehow disappeared ( Mafia History). By the 1980s in Italy the growth andexpansion of the Mafia in the businesses of drugs and such had reachedthe point of National emergency, and it didnt stop there ( arlacchi 38).The growth of the Mafia had also extendedoverseas. When people from all over Europe started moving to America fora new and better life, the Mafia saw it is a way to expand and escape persecution( I.O.C.G). The Mafia thrived in the small Italian neighborhoodsof America. During this early period New Orleans was the largest Mafiabase in the country ( Mafia History). A New Orleans Police Chief DavidHennesey began investigating a murder of an Italian Mafia member, he beganto learn a lot about the secret society operating in his city( MafiaHistory). He then set out to eliminate it, and was murdered by thedons of the city. In 1957 in Palermo (see map), the Sicilian Mafia metwith the American branch of the Mafia known as La Cosa Nostra, to set updrug trade(Blumenthal 47-48). La Cosa Nostra means in Sicilian our thi ng.The Sicilians would run the drugs into the United States and Canada andthe La Cosa Nostra, would sell the drugs. Profit made by one Mafia familyalways gave a margin of it to dons of other families as gratitude( Blumenthal47-48). They also would let other families share a part of a successfulbusiness as to wet their beaks.In conclusion the Sicilian Mafia whichstarted out as a small group of the oppressed fighting back against theinvading Normans and French, has grown into a vast criminal empire. TheMafia is still active to this day in Europe and America. The current headof the Mafia in Sicily is thought to be Salvatore Toto Riina, who iscurrently in jail for the Falcone murders. Many more Mafia members wereindicted for the murders, yet others remain at large. The American Mafiahad seemed to be broken with the arrests this trial made. But there istalk of La Cosa Nouva a New thing or Mafia regrouping, going back tothe less violent days of secret deals in backrooms with friends in po liticalcircles( I.O.C.G.). Opinion: My opinion on the Mafia is thatthey are good men at heart but go about everything in the wrong ways. Ithink it was a good thing to band together to fight off invading armies,and I also believe strongly in family and heritage. But whats wrong isthe selling of drugs and murder. I believe that gambling is harmless andthey shouldnt be punished for that, but killing and selling drugs aredifferent. Murder explains itself, and drugs can hurt people, their familiesand children. Also I think children raised in the Mafia will grow to beMafia involved as Italians have strong values of heritage, and if thiscontinues the Mafia may always be in society throughout the future.

The Crime Film,Compares scarface and Bonnie and Clyde

The Crime Film,Compares scarface and Bonnie and Clyde Compares scarface and Bonnie and Clyde -When looking at the crime film it is important to understand the nature of the films genre. The genre is a way for the audience to distinguish types of films. These are categorised together because of standard protocols developed for a particular types or styles of film. These films usually follow similar guidelines in order to produce a predictable style for the audience. The development of genre films is not entirely the prerogative of Hollywood. It is more the desire of the public viewing audience to have an idea of the type of film they are about to see. The western, musical or the gangster film are examples of genre films. These categories of films all have similarities in the ways in which they are made: musicals end happily; the westerns will all have the final shoot out; and the gangsters will all be overcome by justice or meet their own demise.Cropped screenshot from the trailer for the 1932 f...The reason for the consistency in the fi lms is the publics desire to make an informed choice not and not to go in blind.By using the genre qualification, the industry is able to target societal groups and try to produce and market what they want to see. The public attends a film because they think they might enjoy some aspect of it. The film genre follows a set of abstract rules that allows the public to informally categorize films. These rules must be viewed from an flexible point of view in order to legitimize their future existence. By using this method of categorizing films the public is able to decide which films they wish to see and those they do not. Some people love musicals and if they were to go to one and find there was no music or...

Entreprenurship in America Research Paper Example | Topics and Well Written Essays - 3000 words

Entreprenurship in America - Research Paper Example In terms of definition, Harold Welsch (3) emphasized that â€Å"THE FIELD OF ENTREPRENEURSHIP was described in 1983 as ‘an intellectual onion. You peel it back layer by layer and when you get to the center, there is nothing there, but you are crying.’ This description of the field by a senior faculty member at Harvard Business School was given to a young person being recruited into the field.† The advice indicated management had to resolve all types of customer complaints. Even though there was lack of earlier academic attention, researches have indicated that the vital importance of new ventures and small businesses that incorporated creation of jobs for the community. For example, some of the global entrepreneurial powerhouses included Silicon Valley, Silicon Alley, Route 128, Austin, and Research Triangle. The sociological concept of the global entrepreneurship spirit continues to evolve. More and more individuals have joined the bandwagon called entrepreneursh ip. More and more people have funneled their hard earned cash and other assets into the entrepreneurship market segment during the last 100 years. In addition, Harold Welsch (3) mentioned Harvard described entrepreneurship as the pursuit of opportunity beyond the resources the investor can presently manage. The definition adeptly incorporates the benefits of maximizing the individual and society to bring out the best of the entrepreneurial spirit. The entrepreneurial spirit includes finding opportunities that will increase one’s current investments. The entrepreneur must find the needed resources to fill the needs of current and prospective clients. Further, David Landes (401) insists â€Å"THE SPECIAL GENIUS OF THE twentieth-century U.S. economy has typically been characterized as the harnessing of technology by entrepreneurs working within the large vertically integrated American corporation, at first wholly a private sector phenomenon, and then in cooperation with an incr easingly interventionist federal government. By the 1970s no sector of the U.S. economy, whether public or private, for-profit, or not-for-profit, was unaffected by this regime.† Focusing on the nonmanufacturing sectors such as entertainment and transfer of information have the marks of the scientifically improved, and controlled, type of industrial growth the incorporated the gains of the second industrial revolution. A better scrutiny of the 20th Century experience in the United States, on the other hand, proposes a much more complex image than simple rules espoused by many multinational corporations. Likewise, the seemingly normalization of innovative changes, that include the implementation of perpetual motion machine in a network of large corporations, with the financial aid of many entities, had been part of the more complicated entrepreneurial story. In addition, the business activities of some small and medium scale entrepreneurial entities as well as individual entrep reneurs, working under the management of multinational corporations. In addition, Gerald Hills (5) opined â€Å"There is growing evidence that entrepreneurship should be treated as a major conceptual dimension within the marketing discipline. Marketing journals, programs, and associations are structured around: (1) different marketing functions such as product development and advertising; and (2) types of markets and firms such as consumer and industrial, services, health care

Hearing, Deaf and Hard-of-Hearing Students' Satisfaction with On-line Essay

Hearing, Deaf and Hard-of-Hearing Students' Satisfaction with On-line Learning - Essay Example Not only can computer technology facilitate a broader range of educational activities to meet a variety of needs for students with mild learning disorders, but also adaptive technology now exists than can enable even those students with severe disabilities to become active learners in the classroom alongside their peers who do not have disabilities. (Hasselbring, 2000) Technological accommodations often involve the use of assistive devices to help a student to communicate or to produce work output e.g. modified keyboard, a computer with a visual display and touch screen or with voice synthesizer, braillers for blind students, greatly enlarged text on a computer screen for a student with partial sight, radio-frequency hearing aids for students with impaired hearing etc. Less sophisticated aids might include school-made communication boards for students without speech, or using symbol or picture card systems for communicating. Technology has also increased the mobility and independence of many students with severe physical disabilities. The specific needs of students with disabilities are usually identified in their individual education plans (IEPs). The IEP should be seen as the main source of advice of the types of differentiation needed by the students. (Westwood, 2003) Deaf and hard of hearing students have great difficulty with phonics as it is usually taught. However, when they learn lip reading, this has a phonic basis in the speaker. If regular students are initially taught to spell phonemically, and the deaf and hard of hearing lip reading students are taught to write what they see in the same phonemic spellings, the two groups of students can communicate in writing thereby making joint educational experiences possible to some extent. (Ives, 1997) American Sign Language (ASL), the language of the deaf is not simply a translation of American English into hand symbols. It is a totally different language, unique in the sense that enables

Essay Midterm Example | Topics and Well Written Essays - 1000 words

Midterm - Essay Example This paper will highlight and analyze the similarities and differences between Kant and Aquinas’ concepts of ethics and the moral value of actions. The positive and negative aspects of both concepts will then be analyzed for their application to a culturally diverse society. Both Kant and Aquinas attach a great significance to the role of practical reason in ethical life. Among other similarities in thinking, both philosophers emphasize on the importance of law in ethics and both make claims that certain kinds of actions are good and evil in them selves (Hinton, 2002). Practical reason refers to the general human capacity for resolving through reflection, the question of what to do. It considers a set of alternatives to determine what ought to be done (Wallace, 2003). Kant and Aquinas agreed that ethics are derived from practical reasoning and suggested that this concept allows one to distinguish good actions from bad ones. Emphasizing the importance of law in ethics, Aquinas establishes the concept of Natural Law which refers to ones compliance to the order of reason which directs the will. Kant focuses on the concept of Universal law emphasizing that one is obliged to conform to duty by laws that be relevant to us. The dissimilarity among the concepts of right the thinking of Aquinas and Kant emerge the very basic level of the fundamentals of ethics. Aquinas held that what is good should always hold superiority over what is right. Kant on the other hand discarded this dogma with his own core concept of ethics. He believed that what is right should always hold priority over what is good. His concepts of ethics were based on the thought that moral obligation should be consequential of nothing other than duty. Kant believed the notion of duty to be supreme. For him an action held no moral importance if it was not backed by the motive of duty. Aquinas and Kant’s principles of ethics also differed in terms of

Types and Functions of Organizational Structures

Types and Functions of Organizational Structures The structure of an organization is very similar to that of a house or any other building. Before the building will stand up, it has to be based on solid foundations. Then the organization structure generally is establishing internal authority relationships, responsibility for work performance, and paths of communication and control required for a company to achieve its objective. After that, what is the function of organization structure? Well, there is few function are there. First is setting strategic direction, by this function we know how the organization was going and how it is going to get there. Next is identifying core values, this is about what the organization stands for and also what it does not stand for. Leading with vision, is to encourage the employees, the customers and the other stakeholders. Setting objectives, important for the company to set goals of the organization, or what it is going to try to achieve next. Next function is talking decisions and action to move toward the objectives, this is about what the future planning for the company and know which direction is the company heading. Directing, controlling and coordinating, this is for moving the organization towards its goals. Next is evaluating performance and lastly is reviewing strategic direction, to make sure the organization is using the correct strategic to avoid any lost. Type of organization structure There is still many other type of organization structure around like cluster structure, regional structure, flat structure and more. But then the chosen organization structure by me is Customer Structure, Functional Structure, Matrix Structure, Network Structure, Process Structure, and Product Structure which is easier to see in the real world. Based on the research the functional structure is most beneficial to the company we have selected. Below is the chosen organization structure for this assignment. Customer Structure Structures around customer segments are successful where there are obvious customer segments defined by need, economics, distribution and other key attributes. Divisional/customer structures are effective: where well-defined customer segments have been identified; or when selling products/services unique to segment; or when using buyer strength; or when leveraging customer knowledge advantage; or when requiring rapid customer service and product cycles; or when perceiving minimum efficiencies of scale in functions or outsourcing; or when promoting a strong marketing/customer-focused culture. Royal Philips Electronics  [1]  is an example of a customer-facing structure. Functional Structure A functional structure is a highly traditional structure and is often found in strong command and control organizations such as the military. The key strategy of functionally focused organizations is to maximize margins through leveraging economies of scale and functional expertise. Functional structures are effective when: there are stable and undifferentiated markets with well-understood customer requirements; or there is a successful, control-focused enterprise culture; or there is a small, single product line; or there is scale or expertise within each function; or there is long product development and life cycles; or the organization works to common standards. The functional organization has some obvious advantages, but it also has large disadvantages. The expertise in the organization is centralized and enabled to develop further. This will also involve a kind of cultural homogeneity: People have the same academic background, they use the same technical models, and they perform tasks within the same function. All these factors are seemingly fine, but the problem is that the different professional groups distinguish themselves, distance themselves from each other, do not understand each other and easily come into conflicts with each other. Under the functional structure, major functions are the focus. Product knowledge is centered in manufacturing, engineering, and marketing, and management of each of these departments is responsible for both domestic and international activities. Advantages of the Functional Structure First is Emphasis on functional expertise. The key business tasks define work and functional expertise is brought to bear on all aspects of the operation. Second is tight control. This centralized functional approach permits a small staff to control the firms operations. Top management has authority and operational responsibility. Third is Prevents We versus Them conflicts. The absence of secondary profit centers prevents internal conflicts. Disadvantages of the Functional Structure First is weak regional coordination. Disputes between functional managers must often be resolved at the corporate level. The CEO is often asked to solve problems in areas in which he or she lacks expertise, such as international business. Second is in firms with multiple product lines, functional structure can lead to top-heaviness. In multiproduct firms, functional managers need expertise in each product, or a functional manager is needed for each product. Matrix Structure An overused word, the Matrix has a particular meaning in structural terms. In organizational structure terms, Matrix is the version in which staff from different function work together on projects in a matrix pattern. So, a finance manager can cooperate with a sales person to secure a new contract or to rescue the costs of serving a client. The benefit is that the organization can respond quickly and effectively to changing demands from either a client or the business environment. In the process, the skills and experience of the team can be developed and honed quickly and successfully. Against this, there can be confusion on reporting conflicts and the organization can appear to be fragmented and constantly in a state of flux but, then many organizations are constantly changing anyway. Matrix structures typically operate in two dimensions and are usually one of three types: functional matrix, balanced matrix or project matrix. The aim of the matrix structure is to provide customers with innovative where: or core work is project-based or the work requires small groups of people; or projects require highly specialized skills and knowledge; or project skill requirements vary greatly; or labor cost is a prime economic driver. General Motors  [3]  is an example of a matrix structure. Network Structure Network structures are valuable for fast-moving organizations that are highly innovative and operating in an environment that requires speed, flexibility and high levels of customer focus. In network enterprises work is organized around team and unit delivery, often because units have distinctively different ways of working. However, as the units work in combination, the delivery to the customer is seamless. The movement of a parcel from point of dispatch to point of delivery, via a company such as UPS  [4]  , is an illustration of a network structure. Process Structure As the name suggests, the focus here is on the process of how to go about the work, usually in a smooth, almost horizontal way. There is often virtually no vertical function in that, provided a team keeps its clients and other stakeholders happy, it is left alone to get on with its job. This type of structure can enhance cross functional working and general cooperation. On the downside, it can also result in the work flow being regarded as more important that the end product, so quality can suffer. Responsibility can also be diffuse, which can be disadvantages to some employees and customers alike. Perhaps the major issue is that the vertical chimney effect can blind managers to the possibilities of stronger cooperation, tighter cohesive strategic thinking and the benefits of centralized, corporate planning. In this structure the focus is on processes where core services are operated across the enterprise. Internal support services are frequently organized in this way but customer-facing services are equally well served by this structure, which is a good alternative to the functional structure. Process focused structures work well when: or there are well-defined processes serving different customers (internal/external); or there is potential for new processes and/or radical change to processes; or there is a requirement to reduce working capital; or there is a need to reduce process cycle times; or there is little interdependency between core processes; or there are different cultures/workforces between core processes. Product Structure A divisional/product structure is the most appropriate in a business where there are low synergies between the buyers and the distribution channels of the different divisions. Typically, in this structure each division runs as an independent business unit. Divisional/product structures are effective when: stakeholders perceive low synergies between products; or there are different purchasing process/distribution channels; or there are different operating requirements for success; or there is a different competitive environment; or there are short product development and life cycles; or there is a minimum efficiency of scale for functions or outsourcing. Product organization is a significant form of organization today. It is particularly useful in organizations with clearly separated product groups or services. Quick changes in competitive conditions and technology cause great advantages for this organizational form in preference to functional organization. The advantages of product organization are that the specialists in the organization are able to focus on one specific product group and make quick decisions. Also, the final result will also be much clearer than in functional organization where responsibilities are often volatilized. Danone  [5]  is an example of an organization structured on product lines as the following extract from its website illustrates. In order to handle such a task, many organizations have experimented with different structural solutions, which include setting up groups or project groups across the established structure (basic organization). The language use in there solutions is a bit hesitant. There are three types of organizations; ad hoc organizations, project organizations or matrix organizations. It is not a matter of making repairs on an organization but of developing a double-acting organization in which large parts of the organization is prepared to live with crossing lines. Comparing Structures Conclusion For the organization structure, the decision of structure that has chosen is functional structure. Why choose this? Because

The Line Between Feudalism and Capitalism :: Economics Economical Government Papers

The Line Between Feudalism and Capitalism We consider America to be a capitalist nation, but what exactly makes it capitalist? Webster’s dictionary defines capitalism as an economic system in which investment in and ownership of the means of production, distribution, and exchange of wealth is made and maintained chiefly by private individuals or corporations, especially as contrasted to cooperatively or state owned wealth. Capitalism affects the people in it on a daily basis; it affects the way they live their daily lives. A break down in this, supposedly perfect, economic system may occur resulting in a case of feudalism. This can still be found today even, in America. Feudalism is defined in Webster’s dictionary as a system of political organizations prevailing in Europe from the 9th to 15th centuries having as its basis the relation of lord to vassal with all land held in fee and as chief characteristics homage, the service of tenants under arms and in court, ward ship, and forfeiture. There are define d social differences and similarities between capitalism and feudalism; these differences can be seen when comparing and contrasting the reality-based movies Norma Rae and Matewan. There are many similarities between Norma Rae and Matewan making it hard at times to see which economic system is feudalism and which is capitalism. These similarities cause confusion, even today, in deciding what can be considered feudalism and what can be considered capitalism. This is because in both systems the employers have a significant amount of control over their employees' lives. Both movies are about employees in large factory situations trying to better their working conditions by unionizing the company. Neither the Stone Mountain Coal Company, in Matewan nor the O.P. Henley Textile Mill, in Norma Rae seemed to truly care about the welfare of their employees. For example, in Matewan the coal miners were suffering from the coal dust cutting their lungs. This problem could have been easily alleviated, had the company cared, by providing the employees with masks. Another major problem was the premature explosions in the mine, which were also caused by coal dust and often resulted in death. This problem would have been more difficult to remedy, but it could have been done. The company just didn't care enough about the lives of its workers to spend the money necessary to correct the problem.

Sports and Drugs

Consider if steroids were legal, how much more exciting sports would be and t would be fair to everyone. Why: As an athlete and competing in a high level sport, I easily understand athletes and their reasons for doping in sports. At a high level you’re always striving to be the best you can be ad better than your opponents to win. Also, as a candidate for the Provincial and National Team for Canada I have experience in knowing what you need to know and expect while participating in these events.At a camp for team Canada, WADA showed up unexpectedly and took one of the girls’ urine test. So really this is why the topic of doping in sports caught my attention to is because I can relate to it and I’m interested in learning more about it. Why Illegal: it gives you an unnatural advantage against your opponent. Drugs or blood transfusions can provide a 5 or 10 percent advantage (Thomas Murray, Hasting report). Doping up your body and eliminating the concept of fair pla y is different from exceeding to your best abilities natural and being competitive.When participating in sports, it builds character to be determined, honest, and cooperative, but when an athlete pumps illegal performance enhancing drugs into their system it shows true character on what they would do just to win. It has a big effect on the athlete altogether. Doping also effects the psychological aspect of your morals and becoming a criminal by being dishonest and putting illegal substances in your body, it can be mentally damaging. Not only mentally damaging but doping messes up your body, the natural growth and development of it from unnatural drugs is something all athletes should be concerned about.Sacrificing your body to win isn’t a right way to compete. Most likely sport: From Peter Sullvan: The first overall highest percentage(3. 6) of positive illegal drug tests is cycling, in the 2006 tour de France( Including Floyd Landis in first) the top 5 placed athletes were al l guilty of drug use. Along with Lance Armstrong admitting to doping after winning 7 tour de France titles. Floyd Landis describes cycling as â€Å"Professional cycling is organized crime. † Coming in second not too far behind cycling is Weightlifting with a 3% average of positive testing.Seeing how these athletes need to lift mass amounts of weight, its almost predicted that this sport is top 5 for positive doping statistics. Turkey and Russia are common countries who’s athletes are accused of steroids. Thirdly, Boxing is a candidate for doping in sports with a 2. 9% average. A case in 2007 was where an anti- aging agency was distributing steroids to famous boxers such at Even Fields. Boxing requires strength and stamina and some feel the need to enhance their training with steroids to just be stronger than their opponents. Coming after boxing in fourth, is Triathlon.Athletes involved in this race are super humans, in perspective of many people. To run, swim and bike with out stopping is impressive and takes mass amounts of mental and physical strength. Lastly, Baseball makes top 5 sports in doping with a 2. 5% average in positive testing. Even though this sport isn’t in the Olympics, Major League Baseball players have been known for steroid use in the past of 1999 and early 2000’s, as well this past year 20 players got suspended for steroid use. Types: EPO (Erythropoietin): This is a method of an increase of blood oxygen.Erythropoietin is a natural hormone found in the human body. It revitalizes blood cells to have more oxygen, which then increases anaerobic activity. (Kelland, 2012). CERA(Continuous Erythropoiesis Receptor Activator): This is another form of EPO. It increases your blood oxygen level without having to inject yourself as often. Anabolic Steroids: This is a fake replacement of testosterone to help the body utilize protein allowing the athlete to train with more intensity, along with building muscle mass and strength easier. Another aspect is that it acts as an anti- inflammatory to recovery quickly.  (Kelland, 2012)Diuretics: A substance that can mask illegal substances so they wont be detected. Side effects of weight loss. (Kelland, 2012) Blood Doping: Methods of substances to enhance red blood cell mass, to move more oxygen to muscles which increases stamina. 2 types; Autologous is where you use your own blood from being put aside until needed. Homologous is where you take someone else’s blood that’s the same as yours. (Kelland, 2012) Insulin: This enhances glucose in take that helps increase endurance levels by making the storage of muscle glycogen bigger for the athlete.If not used properly it can lead to low blood sugar which leads to unconsciousness and seizures. (Kelland, 2012) Gender? : Which gender is most likely to dope in sports? Well males are a dominant factor for doping. They are much more likely to dope in sports by using steroids. Steroids effect women in a much more negative effect then it does to men. For women, steroids have side effects such as growing hair in unwanted places, clitoral enlargement, and deepening of the voice.T’s easy to tell when a women is taking steroids because of the testosterone over load in their body and manly features. Their physical, behavioural and functional part of the women’s body are out of natural sync as well. Why would women want to take steroids in the first place? other than getting very strong? Women want equality and by taking steroids they can feel equally strong as men in the same playing field. Who’s in charge? the name is WADA (World Agency of Anti Doping). This organization keeps it fair throughout sports.The Olympic committee wanted an agency like this for all countries to follow to specialize on key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti Doping Code and it was quite a success. A cool fact is that WADA’s headquarters is right in Canada, Montreal. Their objective is to have a doping free sporting environment. Consequences: As an Olympic athlete it is important to keep your body clean of illegal substances. Why? Some of the consequences are quite serious.If caught by WADA (The World Agency of Anti Doping) before the Olympics, he/she is suspended for 6 months or longer. (Freedman, 2012) If an athlete has cheated during an event, and won, their medal is taken from them and the results are re-evaluated. Conclusion: In conclusion doping in sports is a serious social issue that shouldn’t be taken lightly. Doping shouldn’t be seen as a way to make an athlete feel better. Not only are they cheating themselves, but they are unfair to their opponents and should take into consideration what mental and physical harm they are really doing to their bodies.WADA is a great service to help deal with keeping sports all around the world fair by testing athletes for performance enhancing substances in their bodies. As an athlete myself I choose to really look into this topic because I’ve dealt with WADA myself. If you are an athlete, beware of what you put into your body. Its important to train to your full potential without being artificially enhanced with chemicals. The natural way is the way to go! Most important thing learned was how harmful steroids can be to your body and mind. Always important to stay true to yourself and not cheat. Be the best you can be

Death penalty misc16 essays

Death penalty misc16 essays Is the Death Penalty Right or Wrong? Should we be able to execute people that have been convicted of murder or should we give them a chance to break out of jail and maybe kill other people. Well the Death Penalty has been around for a while ever since the Old West use to hang people for punishment. It is not cruel if you use the lethal injection but I could believe being electrocuted would hurt a little. Is the Death Penalty ethical or is it inhumane. Well some people can argue what would happen you sentience some on death row and he was innocent. The people for it will argue that if they killed some one why shouldn't they be killed. The people that are agents the death penalty are worry about what happens is they would execute some one that was innocent. Science 1900 23 innocent people have been executed. That is a lot of people to put to death that haven't done anything wrong to be killed for. A lawyer fee for a death penalty sentience is between 1.5 to 3 million dollars. There for only the rich people could ovoid the death penalty and get life and have a chance to get out of jail. People also say that it is inhuman to do that but what they did you the victim is also inhuman. People are saying that you are doing the same thing as the person did to the victim and it is not morally right. ...

Throughout the progression of this class

Throughout the progression of this class I have formed an increasing interest in what history is. Moreover, this is what I have given the most of my attention to, simply because I have never thought of this process in any other terms beside the ones I had learned throughout my childhood schooling. Much of the historical dates, events and arguements have never been of particular interest to me. Although, because of my recent awakenings to the historical process, I have become much more interested in the truthfulness of history and what the best way is for that truth to be attained. In the following paragraphs I would like to share with you my findings. All of these findings have come from, not only the modern opinion of history, but also historians of the past and the advancement of the process of an historian, as critiqued by modern analysts. Without the dedication of the historians of the past, and their pursuit of truth, historians would not have such a comprehensive understanding of history. In many ways, we can understand more about the accuracy of history by looking at the theories of our forefathers. In the first chapter of Great Issues in Western Civilization, there were many different theories on how to record history. Some historians debated on understanding history by scientific relationships, and others sought to understand history by modern principles. For example, John Edward Emerich Acton thought that he could better understand the actions of men in the past based on his present principles. On the other hand, Herbert Butterfield says that, Real historical understanding is not achieved by the subordination of the past to the present, but rather by our making the past our present and attempting to see life with the eyes of another century than our own. Or, Leo Strauss, who said, If principles are sufficiently justified by the fact that they are accepted by a society, the principles of ...

Rail Transportation Engineering System Essay Example | Topics and Well Written Essays - 1500 words

Rail Transportation Engineering System - Essay Example Engineering Systems like the rail transportation system analyzed in this report, are characterized by a high level of technical complexity, social intricacy, and elaborate processes that are aimed at fulfilling important functions in the society. Usually, various disciplines are required for input into developing solutions for Engineering Systems, and adopting a systems approach is quite beneficial. The aim of this analysis is to identify the key elements of the rail transportation system and the interactions involved in operating such a system. This rail transportation system was selected for this report because rail transport is an emerging field of engineering and transport that seeks to provide solutions for some important socio-technical problems in society. There have been numerous studies in the past, carried out with the aim of investigating the individual aspects of socio-technical problems in order to find solutions to these problems. Some of these studies went to great lengths to isolate the smaller pieces of the bigger problem. (Sterman, 2000) Although Engineering Systems seek to expand perspectives form smaller pieces to a bigger picture, the bigger picture should be viewed as a system, with interactions explored within the system. Rail transportation systems can be classified as engineering systems because rail transportation involves a high degree of technical complexity and elaborate processes with the goal of fulfilling the function of cost-efficient transportation of goods and personnel in the society. The key elements of the rail transportation system include environmental friendliness, speed, low energy consumption, high safety standards and limited land usage. Rail transportation also makes use of its own transportation lines and is relatively free from time wastage as a result of traffic jams and hold-ups. (Ellis, 1986).

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What is Performance Management - Assignment Example By setting a standard process of performance, employees know what is expected of them, and understand the responsibilities in which they are accountable. Performance of employees needs to be monitored regularly as well to know how well they are doing their job. Regular monitoring is needed so that remedial measures can be acted upon immediately to reduce wastes and costs if work is found unacceptable. Value to management Results of monitoring determine the kind of development and training an employee needs. Training can be given to an employee to prepare his/her for higher responsibilities or just to improve his/her skills in her present work. At the end of the evaluation period that is usually set and agreed by employee and supervisor, a rating is given to the individual employee. A rating becomes an overall comparison between periods of performances to no improvement. Management, at times, compares the overall performances of employees. A top rating performer is usually rewarded by management with awards and incentives, usually done on a year to year basis.  An example is the top achiever award for sales in the company which is awarded cash incentives.  Business behavior means ethical behavior in the conduct of business usually governed by the principles of right and wrongs of human conduct. In business, it is defined as the moral values governing business behavior and restrains companies from pursuing the interest of the shareholder at the expense of all other considerations†. I have inferred this law as the â€Å"Cause and Effect† that covers the â€Å"laws of belief, expectations, attraction, and correspondence† (Tracy, B. 2002). These, I believe, are unbreakable, because it rationalizes causes why one is successful and an achiever, it gives justification for one’s status of happiness, and why there are prosperity and poverty in life. It is argued that when one believes truly in oneself and with firm resolve, this will become a reality. For instance, in starting a business, one should truly believe that it will succeed, therefore, he puts everything in all honesty, his best inputs.

Sport and media Essay Example | Topics and Well Written Essays - 250 words - 6

Sport and media - Essay Example Therefore, twitter and the like of Facebook and Instagram have become a powerful tool more than any other news medium. For sports journalism, Twitter does not only provide a medium of relying messages, but also it is a source of information from influential people in leadership and corporate bodies. Moreover, Twitter allows people to respond to news bite and express tier feeling on any particular topic that is relayed to them. It thus becomes efficiently for journalist to follow-up on their stories and get back with an informed judgment (Sanderson & Hambrick, 2012). Moreover, because journalist has focused on framing as a practice to shape what people perceives of the news, it has become efficient for this to happen via Twitter because it target specific group of people. In conclusion, the use of social media has had a great influence in the sport as was evidenced by the reporting of Penn State University Story. It demonstrated that Twitter and other social sites offer interaction as well as delivering news. It thus has become convenient for both journalist and the consumers as it does not require too much spending and resources to convey messages. Sanderson, J., & Hambrick, M. E. (2012). Covering the Scandal in 140 Characters: A Case Study of Twitters Role in Coverage of the Penn Stage Saga. International Journal of Sport Communication,

Bachelor of Arts Essay Example for Free

Bachelor of Arts Essay 1.1 FedEx Corporation Overview FedEx Corporation provides customers and businesses worldwide with a broad portfolio of transportation, e-commerce and business services. With annual revenue of US$ 27 billion, the company offers integrated business application through operating companies competing collectively and managed collaboratively, under the respected FedEx brand. Consistently ranked among the worlds most admired and trusted employers, FedEx inspires its more than 250,000 employees and contractors to remain absolutely, positively focused on safety, the highest ethical and professional standards and the needs of their customers and communities. 1.2 Strategic Initiatives Currently, with its exposure to volatile fuel prices, high capital expenditures, and thin margins, FedEx can not stand up to the rigorous rule maker quantitative criteria, but its brand power is a perfect example of a sustainable competitive advantage. FedEx ships over 3 million packages a day. Along the route, those packages, the planes that carry them, the trucks that deliver them, and the people that handle them leave impressions on customers. FedEx recognizes that with every box it delivers and every person that delivers it, a brand impression is made. Brand equity is certainly significant to FedEx since its products and services are less differentiated in this fast changing dynamic competitive market. To remake the corporate image in order to extend and enhance its brand equity is one of the key strategic initiatives that has initiated by the management of FedEx Corporation recently. Other strategic initiatives are to focus on the growth of core package business and supply chain capabilities, and growth through e-commerce and technology, and new services and alliances. 2. DESIGN OF HUMAN RESOURCE MANAGEMENT SYSTEM 2.1 HRMS of FedEx FedEx Human Resources develop policies, programs and procedures that not only attract, but also retain the most qualified, talented and diverse employees. To this end, Human Resources have implemented successful recruitment, development and Employee relation programs. The Corporate HR function consists of 45 employees who provide human resources support for the entire FedEx Organization. The overall headcount for this team has not changed in over four years even though the employee base has grown by greater than 30%. Most key programs are linked to the companys diversity strategy to build value and manage a diverse workforce that reflects the rich mix of persons available in the Communities. The HR team regularly attends diversity recruiting career fairs and supports both local and national organizations committed to the development of women and minorities. HR has sought to automate and introduce electronic processes, in order to streamline its various staff function. These include the introduction of an electronic company wide web based Internal Career Opportunities Program (ICOP), that provides employees anytime/anywhere access to available opportunities within the company. Employees can search, apply and be notified of open positions within the organization by logging on to the site. Managers, can also initiate the employment process and receive approval electronically via an on-line employment requisitioning process. The major obstacle that needed to be addressed in the alignment of these two major programs was accessibility, communication and education. Employees were encouraged to submit their personal profiles so that they could receive automatic notifications from the system when positions for which they qualified became available. FedEx has developed a proactive staffing model for its facilities. This program allows the Field organization to add management staffing before the need exists. Recruiting, sourcing and training are done 20 weeks before the individual is expected to begin their career as a service manager. By accessing the HR website, both employees and Managers can obtain a wide variety of information geared to keep their employment information current, provide easy access to employment information (employee handbook) as well as provide access to benefits information and employee centered programs. Online access to the HR Web is available from home and work to all employees. 2.2 VRIO Framework Analysis Value FedEx managers stress that they are a people-first organization. The corporate philosophy statement sums up their view of the source of competitive advantage: People-Service-Profit. FedEx discovered a long time ago that customer satisfaction really begins with employee satisfaction. In other words, the FedEx philosophy is that people are the primary link in the value chain, and thus, value is created by focusing on employees first. Rareness FedEx value and capitalize on the differences of their employees with diversity education programs such as Gender Speak, Delivering Diversity, Introducing Diversity, and Valuing Differences. One of its most successful programs RESPECT provides a process where employees can work together to resolve their differences. Therefore, it would exercise tremendous potential to exploit the rare characteristics of its employees for competitive advantage. Imitability FedEx worked closely with the University of Memphis, established the FedEx Institute of Technology, a unique public-private collaboration designed to advance world-class interdisciplinary research and introduce a new generation of highly skilled graduates to the workforce. The company has more than 219,000 employees globally and expects the alliance will help develop a highly skilled recruitment pool. Organization FedEx is committed to fostering an employee focused culture. It has a well-developed and thoroughly deployed management evaluation system, which involves a survey of employees, analysis of each work groups results by the work groups manager, and a discussion between the manager and the work group to develop written action plans for the manager to improve and become more effective. Data processed are aggregated at all levels of the organization for use in policymaking. Employees are free to share their opinions with management and in turn, work towards the resolution of internal issues within their department by participating on their action planning teams. 3. EMPLOYEE SKILL, MOTIVATION, JOB DESIGN WORK STRUCTURES FedEx has a clear goal to have people who are committed, motivated and well trained. Here are some of the tools and techniques that they have developed: 3.1 Selection FedEx Corp is proactive targeting of candidate sources leads to a richer pool of applicants and enables company to reach better candidates faster. They worked closely with the University of Memphis, established the FedEx Institute of Technology, a unique public-private collaboration designed to advance world-class interdisciplinary research and introduce a new generation of highly skilled graduates to the workforce. FedEx had created a multi-national, multi-lingual recruitment assessment system in identifying candidates most suited to the jobs on offer and capable of operating to the companys global standards and values. 3.2 FedEx Compensation Rewarding System FedExs bonus program is driven by goal sharing. This program encourages employees to achieve strategic goals by basing individual bonus levels on corporate and business unit goals, up to 10% of an employees total compensation. FedExs formula for calculating bonuses includes corporate variables such as contributed operating margin, corporate ROE, net sales, customer returns, shipped kilometers and total unit cost. Putting people first means that FedEx is dynamic in both reward and recognition. For hourly paid staff the pay is geared to individual performance. However, to encourage good team working, there is also a team based Best Practice Pays element. The pay for performance of salaried staff is based upon measures relating to the companys key philosophy. 3.3 Performance Reviews FedEx is a very performance-based company. Every person knows upfront what his performance objectives are and he also knows upfront what he can earn. So the crux of People Service People is a fairly laborious performance management and compensation system. If a person fails in his performance, then the person does not get disciplined, but he gets pulled into a constructive action plan. Employees are encouraged to identify their weaknesses through a personal development programme (PDP). These could be general things like communication skills or dealing with conflicts in the workplace. FedEx has an online training library with 600 courses on things like leadership, project management skills, even something as basic as presentation skills. Employees can log in and take any course, but need to pass. 3.4 Staff Survey The annual staff survey is considered to be one of FedExs biggest business improvement tools. A total of 32 questions are answered electronically in business time over a period of two weeks and participation has increased from 97% to 98%. 4. PRODUCTIVITY, CREATIVITY DISCRETIONARY EFFORT By competing collectively under the FedEx banner, FedEx in service companies benefit from one of the worlds most documented brands. FedEx is one of the most trusted and a respected brand in the world and its brand name is a powerful sales and marketing tool. Among the many reputation awards FedEx conventional during 2004, FedEx ranked seventh in corporate reputation on The Wall Street Journals Harris Interactive/Reputation Institute RQ Gold Survey, and for the third consecutive year, FedEx ranked in the top ten of FORTUNE magazines Americas Most Admired Companies and Worlds Most Admired Companies lists. FedEx is the only transportation company and one of the very few companies overall to rank this highly in all three reputation surveys. FedEx ranked highest in customer satisfaction in the University of Michigan Business School National Quality Research Centers American Customer Satisfaction Index in the parcel delivery category. Wal-Mart Stores, Inc., the worlds largest retailer, also selected FedEx as the recipient of its Carrier of the Year award. BusinessWeek recognized FedEx Kinkos in the magazines Web Smart 50 report for the companys innovative use of Internet technology to transform business processes and reduce costs. FedEx is well recognized as a leader, not only in the transportation industry and technological innovation, but also in social and environmental responsibility and corporate governance. Along with a strong reputation among customers and the general public, FedEx is widely acknowledged as a great place to work. In 2004, FedEx was listed among FORTUNEs 100 Best Companies to Work for in America, a list that FedEx have made every year it has been published. It is FedEx people-FedEx greatest asset-that give FedEx it strong reputation. In addition to superior physical and information networks, FedEx has an exemplary human network, with more than 240,000 employees and contractors who are absolutely, positively focused on safety, the highest ethical and professional standards and the needs of their customers and communities. Through FedEx internal Purple Promise and Humanitarian Award programs, FedEx recognize and reward employees who enhance customer service and promote human welfare. 5. IMPROVED OPERATING PERFORMANCE As discussed previously, new strategic role for HRM is very significant for the organizations advancement. System thinking among the line and HR manger is the first step. The performance management and incentive compensation system must define desire employee behavior and reward those behaviors in meaningful way when goals are achieved. Almost 50% of all FedEx spending goes to employee pay and benefits. Many Special Awards to recognize employees performance: i) Bravo Zulu award for outstanding performance beyond normal job expectations. ii) Golden Falcon award for exceptional customer service. iii) Humanitarian Award recognition for human welfare above and beyond work or community standards. iv) Star/Superstar Award a lump sum merit based award for top performers. v) Five Star Awards the highest award for enhancing service, profitability and the spirit of teamwork. Deadly combination and powerful connection are terms to describe the effects of an organization policy of promotion from within on firm performance. But probably not be present in every firm or even most of firms. So the only way that the organization can hope to identify the HR system properly is to adopt system perspective, which means business priorities drive the development of the HRM system. 6. PROFITS AND GROWTH Base on the FedEx second quarters Fiscal 2005 financial report (six months ended November 2004), it shows that FedEx has adapted an effective and efficient HRM system, which has brought up the corporations profit and growth. This is evidential by the following financial analysis:- i) Revenue There is a 23% Revenue growth compare to the last 2nd quarter fiscal year 2004. The revenue has increased from US$11,607 billion to US$14,309 billions in this 2nd quarter fiscal year 2005. FedEx announced that they would expect to have Group Revenue of US$ 27 billions this fiscal year 2005, which is a 9.5% growth. ii) Salary Employee benefits Cost However, in term of Human Resources cost, we can see from the report that it is only an increase of 14%. Compare to 23% increase in revenue. The increase is justifiable. iii) Net Profit FedEx has shown a 212% increase in the Net Income this fiscal year compare with last 2nd quarter, from US$219 millions to US$684 millions, despite the roaring up of oil price, which is also one of the major operating cost, in this year. Their profit result is definitely considered outstanding. iv) Diluted Earning Per Share Obviously, with the high increase of the net income, the diluted earning per share is automatically increase by 210% compare to last 2nd quarter. It is definitely a kind of the positive effect of the HR- Stakeholders value relationship. v) Revenue generated per Employee Based on the US$27 billions Group Revenue generated by the total 250,000 number of employees in FedEx, we will be able to see that the revenue per employee generated is nearly US$108,000. Which is much higher than the world largest package delivery company UPS, who has an annual turnover of US$30 billions and 370,000 employees worldwide, and the revenue generated per employee is only US$81,081. The productivity is much better. This has shown the efficiency and effectiveness of the HRM system. 7. MARKET VALUE From the study of FedEx Corps HRM system, it is undoubtedly that its HRM has strategically adopted high performance work system that creates real shareholder value. Such system has strengthened FedEx HR to become a strategic core competency and have an economically significant effect on firm performance. This also generates the transformation from HRM to human capital management and hence becomes to be a competitive advantage. The consistent increased profits and growth as shown in the companys financial reports has also proved that FedEx HRM has created value and played an important role in the companys achievement and success. FedEx shareholder market value has increased continuously as shown clearly in its financial statements. However, companys HR market value has never been officially computed and shown in the financial statements. Based on the company productivity, FedExs each employee generates revenue of approximately US$108,000 quarterly, which is much higher than the world largest package delivery company UPS, whose per employee generates revenue of only about US$81,081 quarterly. 8. CONCLUSION For FedEx, timing is everything. Delivery on time is essential, and within FedEx, ensuring this performance every time, has meant the transition to systems that provide online, real-time connectivity, bringing improved business processes and increased productivity. With unrivalled logistics solutions, FedEx turned to its Human Resources function, to leverage its competitive advantage. In such a geographically diverse and disparate region, FedEx strives to manage its human capital by minimizing administrative burden and creating a culture of effective self-management. With employees spread across the Region, and in line with its organizations move to an Internet-centric company, FedEx was continuously looking for ways to empower its employees, and allow them to take control of some of their HR functions. Leveraging on PeopleSoft HRMS solution to effectively manage their human capital, it provided FedEx with the scalability and functionality they needed, to enable FedEx to move towards becoming a Real-Time Enterprise. FedEx employees were fully utilizing their self-service functions, and their HR staffs are now free to deliver a more strategic output to the business. They have increased the visibility of HR information to more effectively manage the enterprises most valuable resource human capital. APPENDIX A: BIBLIOGRAPHY Relevant Reference Sites: * www.fedex.com * www.fedex.com/us/investorrelations/2003annualreport/ * www.fedex.com/us/investorrelations/downloads/ * www.fool.com/portfolios/rulemaker/2001/rulemaker010502.htm * www.incomesdata.co.uk/studies/hrmansystems.htm * www.stevieawards.com/pubs/awards/70_1438_8395.cfm * www.findarticles.com/p/articles/mi_hb001/is_200309/ai_hibm1G1107999043 * healthproject.stanford.edu/koop/Federal%20Express/description.html * www.hoovers.com/fedex-corporation/ID__10552/free-co-factsheet.xhtml * online.wsj.com/ad/fedex/ * moneycentral.msn.com/investor/research/profile.asp?Symbol=fdx * www.humanresourcesmagazine.com.au/articles/19/0C029319.asp?Type=60Category=1162 * www.bizjournals.com/memphis/stories/2004/08/09/daily3.html * www.quality.nist.gov/FederalExpress_90.htm Evaluation of the Stakeholder Value Relationship Model Assignment BA361 Human Resource Management Page 2 of 12