National Federation of Independent Business v Sebelius Essay

Life was different back in the 1880s. The telephone had just been invented, James Garfield was president, and doctors used heroin and cocaine as medicine. Alas, many doctors knew very little about medicine. Oftentimes unsafe and unsterile practices were used on patients. The NY Times reports that, â€Å"At least a dozen medical experts probed the President [Garfield]’s wound, often with unsterilized metal instruments or bare hands, as was common at the time. Historians agree that massive infection, which resulted from unsterile practices, contributed to Garfield’s death. One man suggested that they turn the president upside down and see if the bullet would just fall out. † Because of their usual lack of success, doctors did not charge very much for their services; it was very affordable most of the time, even for middle class families. However, as time and technology progressed, the cost of healthcare and medical instruments dramatically rose. In his â€Å"New Deal† package, President Roosevelt proposed a state-run healthcare system with compulsory health insurance for state residents, but states could choose whether to participate. The federal government would provide some subsidies and set minimum standards that the state had to adhere by. While the proposal did not pass, the idea of universal healthcare coverage for everyone stuck. Since Roosevelt, every single Democratic President elected into office has attempted to pass a version of universal health care, but none have achieved the feat. That is, until President Obama was sworn into office in January 2009. In his 2008 presidential campaign, he made healthcare reform a central issue. Both parties adopted their version of reform, but since Democrats held a majority in the House and the Senate at the time, their version was the one that passed. On March 23rd, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (dubbed by many Republicans as â€Å"ObamaCare†). According to the White House, it claims four key components of the law: stronger consumer rights and protections (which includes a ban on lifetime limits, a ban on denying children health insurance based on pre-existing conditions, and a ban on coverage cancellations), more affordable coverage (Private insurers must provide justification for double-digit increases in premiums), better access to care (Preventative screenings for cancer are now free), and stronger Medicare (Provides relief to seniors who cannot afford prescription drugs). Since insurance companies are required to provide care, it makes sense to buy insurance only when you need it. In other words, wait until you get sick to buy insurance, because they cannot turn you down. In order to combat this, the law includes an individual mandate, which requires anyone that can afford it to buy health insurance, or pay a penalty to the IRS. In essence, this is the part of the law that pays for it all. This is also the section many Republicans hate. In their philosophy, the government cannot force someone to buy something they may or may not need. They argued that this law was unconstitutional, and they sued in federal court to have the law nullified. There were three cases overall: one from the states (Florida v. U. S. Dept. of Health and Human Svcs. ), one from the federal government (U. S. Dept. of Health and Human Svcs. v. Florida), and one from the National Federation of Independent Business (Nat’l Fed. of Independent Bus. v. Sebelius). Due to conflicting rulings from the lower courts in different jurisdictions, the Supreme Court decided to hear the case to settle the differences. From March 26th to March 28th, 2012, the Supreme Court heard oral arguments from both sides. On the first day, the court heard argument over whether the Tax Anti-Injunction Act passed into law in 1867 barred the Supreme Court from even making a decision in this case. The Tax Anti-Injunction Act says, â€Å"No suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed. † Basically, it means that you cannot sue the government for a tax you believe is unfair, until you have already paid that tax. This was passed into law to prevent people from filing lawsuits against the government to avoid paying taxes. Potentially, this could mean that no one can challenge the constitutionality of the ACA (Affordable Care Act) until someone has actually paid the penalty. At the earliest, they could sue on April 15th, 2015. The Supreme Court held that since Congress specifically labeled the consequences of the mandate as a penalty rather than a tax, the Anti-Injunction Act did not apply to this case, and that the court had the authority to hear the arguments. On the second day, the court heard arguments over whether the ndividual mandate component of the ACA fell under the constitutional powers of Congress. There were two arguments from the Solicitor General’s side (the ones supporting the constitutionality of the ACA): the ACA was constitutional under the commerce clause, and that the ACA was constitutional under the taxing power of Congress. The states (the ones claiming the ACA is unconstitutional) argued that Congress could not create commerce for it to regulate, and that the law described the consequences of the mandate a â€Å"penalty†, therefore it is not a tax. On the third day, the court heard arguments on the severability of the law. They questioned whether the ACA could survive if the court struck down the individual mandate. In the end, in a 5-4 decision, the court upheld the individual mandate component of the ACA as a valid exercise of the taxing power of Congress. They concluded that a financial penalty for not buying something constituted a non-direct tax. Because it is a non-direct tax, it is not required to be apportioned among the several states. The justices that voted for the constitutionality of the law are the four liberal justices Sonia Sotomayor, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and the conservative Chief Justice John Roberts. The justices that voted against the constitutionality of the law are the other four conservative justices: Anthony Kennedy, Samuel Alito, Antonin Scalia, and Clarence Thomas. John Roberts was the key swing vote. When asked why he voted for a law he is personally against, Chief Justice John Roberts responded, â€Å"The Framers created a Federal Government of limited powers, and assigned to this Court the duty of enforcing those limits. The Court does so today. But the Court does not express an opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people. In my opinion, I applaud the decision of the Court. From the beginning, I thought the penalty was a tax; I assumed it was called a penalty for political purposes. People would not like the idea of a tax increase. In reality, the penalty is collected in the same manner as a tax, so there are no real differences between the two. I have also gained a newfound respect for Chief Justice John Roberts. I think it is commendable to put the law in front of your personal beliefs. He has done exactly what is expected of a Supreme Court justice. If I were a Supreme Court justice, I would have made he same decision that he and the four liberal justices made. There are two types of consequences this law holds: political and provisional. The provisional consequences of the law are the ones directly stated in the law: a ban on lifetime limits, Medicaid expansion, etc. The political consequences of this law are not explicitly stated, however they can be inferred and speculated upon. There are three major political consequences. The first consequence is that Obama can claim a major victory. He can now say his law withstood a Supreme Court challenge and passed the constitutionality test. A defeat would have been bad for the administration and the campaign. Instead, he has a chance to re-energize his base and reinstate the flow of campaign cash. The second consequence is that now that the law is no longer a legal issue, it becomes a campaign issue. Both Obama and Romney must sell voters on Obamacare. The court ruling could have stir a shift in public opinion among independent voters, and both candidates must appeal to this shift. Obama will insist this law was the right thing to do, while Romney will propose a new healthcare reform bill. The third consequence is that the ruling will enrage Republicans and make them more eager to vote for Romney so he can repeal the law. Voter turnout is expected to be lower than it was in 2008, and anything that can increase the turnout will be beneficial for Romney. This law and its subsequent legal challenge have major political consequences. Whether you live in the 1880s or in the present day, chances are you will need health care at some point in your life. Ever since President Roosevelt proposed universal health care back in the 1930s, many politicians have tried to pass it into law. Until the ACA, it was considered politically impossible; the idea just did not appeal to voters. The law has withstood a major legal challenge, and it will be up to Obama and Romney to convince independent voters that their version of healthcare reform is the best. If Obama wins the election, in 2014 everyone that can afford it must buy health insurance, whether they want to or not. If they don’t, they will pay a tax equivalent to 1% of their income. If Romney wins the election, he will try to repeal the ACA and replace it with a reform package of his own. Only time will tell what will happen.

Go to Hell Essay

Introduction: 1. Problem Studied. Supervisors are not Using Software Base Company’s IJSFA System. This Software is for all Employees of GlaxoSmithKline for Reporting and monitoring. Supervisors are not much trained to use it and they are not award of the importance of IJSFA System. 2. Research Goals. To investigate about the reason that why majority employees are not using Compass IJSFA System. Preliminary Details: 1. Background Information on the Organization. Multinational Company Established in 2000. GlaxoSmithKline is a Public Limited Company and working in 358 countries. GlaxoSmithKline is Expanding by acquiring Local and Multinational Pharmaceutical Companies to expand. 2. Information on Structure, Culture and Management Philosophy. The Structure of Company is geographically distributed in all over Pakistan. Culture of company is very much professional, with people from different locations and countries. Majority management of the company is formal, there is a lot of audit for every step. 3. Perceptions Attitudes and Behavioral Responses. All employees of the company are empowered to take decision under the umbrella of company’s code of conduct. Employees are trained and get trained by company’s Academy, twice or thrice a year. Employees are positive towards company’s policies. 4. Literature Survey. GlaxoSmithKline is well reputed Multinational Pharmaceutical Company. It has quality assurance department in every segment of company. Employees of GlaxoSmithKline are motivated and positive towards fluctuations. 5. Theoretical Frame work. The relationship among reporting system, supervisors, time management and Training sessions are as follows: a. Reporting System is used by Supervisors to send information to Head office, as well as supervisors can also use this information as history experience. b. Time management to use reporting system is totally dependent on Supervisors because supervisors are mostly busy in field work where they cannot use internet service to use reporting system. c. Training sessions are always helpful for the Supervisors to manage time to use Reporting system and how to use it efficiently. d. Lack of interest is also a factor in supervisors, towards reporting system after busy field work. Relevant Theory: Pfizer Pharmaceutical faced this problem in 2007. They investigated that employees are not using IJSFA system because they unable to manage their time to use reporting system. They solve this problem by providing mobile internet devices to the employees so that they can report from field as well, there is no such need to go to internet clubs or office or home. They conclude that field force supervisors does not have much time to go office or home to use reporting system. 6. Hypothesis Formulated. Hâ‚’= SLI = SEI H1= SLI ≠  SEI H2= SNT = SNI Where, SLI = Supervisors has lack of interest. SEI = Supervisors cannot efficiently use reporting system. SNT = Supervisors are not trained to use Compass reporting system. SNI = Supervisors are aware of Importance of reporting system. Research Design: 1. Type and Nature of Study. Purpose of the study is to test the above mentioned hypothesis. This research is establishing group differences of different geographical locations of company. Minimal interference will be occur during research as it is a studying research. It will be an one shot time horizon research. 2. Sampling Design. This research is based on Area sampling and convenience sampling. Some statistical measures will also be used in it to prove our hypothesis or disprove it. From population of 142, 20 sample size is selected by using random no. table. 3. Data Collection Methods. A questionnaire of structured questions will be presented to some element and some of the questionnaire will be filled by phone interviews as they live in other cities or distant locations. 4. Data Analytic Techniques Used. Employees will be about their experience in company and also no. of training sessions attended, it will show their interest if they are trained then why not they are using it efficiently and if they are not trained then it may b the reason to prove our alternate hypothesis. Secondly, employees have to tell their priorities to look into their time management skill. They will be asked about some terms which are related to compass to recheck their command on Compass reporting system. Research Findings: Hypothesis Testing. 1. The data analysis shows that 70 percent of the employees are below 5 years of experience and they are facing problem in using reporting system and time management factor. 1. Secondly, 70 percent employees attended only 10 training sessions in their professional career which shows that they need more managing skills or they should be helped by company to efficiently use reporting system. 1. Lastly, 60 percent of the total employees are uncomfortable in using Compass IJSFA system because they are not having background from IT knowledge. Conclusions: Finally, it make us to conclude that our null hypothesis is proven wrong but alternative hypothesis is proven true i-e, SNT = SNI . Supervisors are not trained to use Compass reporting system which is the main fact. Supervisors are aware of Importance of reporting system because this reporting system is containing an unlimited data of customer feedbacks and customer profile. Recommendations: Mainly employees are having low grip on using Compass reporting system so they should be trained on urgently bases to get desired performance. There is a problem in time management by field force also. It should be solved if Mobile devices of reporting system should be provided to them to save their time.

Performance Evaluations Essay Example | Topics and Well Written Essays - 1250 words

Performance Evaluations - Essay Example Plant engineer performance can be evaluated on criteria such as central services’ design, provision of technical support to maintain plant equipment and facilities, energy saving and production cost of energy (Amrine, Ritchey, Moodie, and Kmec, 2009). Similarly, specific criteria should be used to evaluate the performance of the employees according to their position. Secondly, the evaluation of an individual’s behavior is very essential for the provision of good outcomes, employees must have good behavior with each other; because collective decision making, work sharing, putting ideas for improvement and taking extra responsibility; helps in making organization productive. Therefore, behaviors of one employee with work and with peers should be evaluated. Behavioral evaluation is necessary for plant engineer because he has to work with others and if employees are not happy with him; they will not help him in making satisfactory outcomes. Third, the performance evaluation should be based on individual traits. This is the weakest criteria, but still it is widely used by organizations. Traits such as looking busy, having a good attitude, coming on work on time or before time and having experience are not significantly connected with optimistic results of tasks or may be connected (Robbins, Judge and Sanghi, 2009). Fourth, professional development is also an important criterion for performance evaluation. In such criteria, it is considered that either employee is continuing with his/her education, struggling for excellence, searching for opportunities in order to learn and grow and other such factors. By using different criteria, company and managers identify the strengths and weaknesses of employees. Performance evaluation criterion is an effective tool for the betterment of the organization. From analyzing the outcomes of the tasks, organization can assess

Roosevelt Politics Essay Example | Topics and Well Written Essays - 1250 words

Roosevelt Politics - Essay Example Fascism and Benito Mussolini arose in Italy, and Adolph Hitler and the Nazi party took over Germany. Civil war broke out in Spain, and militarists gained control of Japan. The futile League of Nations stood by as nationalism and aggression grew. For Franklin Roosevelt, these international conflicts, as well as economic problems at home, would prove to be serious obstacles as he tried to implement his foreign policy. In 1928, the US joined 62 other nations in signing the Kellogg - Briand Pact. This agreement declared the war could not be used "as an instrument of national policy." But it did not have any way to punish countries that broke their promise.1 Americans were greatly alarmed by the international conflicts of Roosevelt's presidency. But they generally believed that the United States should stay isolated from those conflicts. Isolationism in America grew steadily throughout the 1930s with many books offering claims that the US had been dragged into World War I by arms manufacturers and bankers at home, who wanted the chance to make a profit. A committee led by North Dakota Senator Gerald Nye found that banks and manufacturers had made large profits during the war, and public furor grew.2 After the horrible losses of World War I, Americans became staunchly determined to avoid going to war. Moreover, America had serious problems at home with... This growing isolationism had a huge impact on Roosevelt's foreign policy. Early in his presidency, he demonstrated his diplomatic ability by reaching out to the Soviet Union and continuing a policy of non-intervention in Latin America. He encouraged Congress to pass the Reciprocal Trade Agreement Act in 1934, lowering trade barriers and giving the president the power to make trade agreements with other nations.3 Beginning in 1935, in response to fighting in Spain and elsewhere, Congress created the Neutrality Acts, designed to outlaw arms sales or loans to countries at war. Although Congress worked hard to maintain neutrality, it soon became impossible to avoid the conflicts across the ocean. Roosevelt found creative ways to implement his foreign policy despite the wishes of Congress. In 1937, Japan launched a new attack on China. Roosevelt declared that, since Japan had not formally declared war against China, there was no need to enforce the Neutrality Acts. This allowed the US to support China by sending arms and supplies.4 Later that year, Roosevelt spoke in Chicago. In one of his best-known speeches, he called on nations of the world to quarantine or isolate aggressive nations like Japan and Germany to stop the spread of war. The quarantine speech declared that 10% of the nations of the world were threatening international chaos. He called for the remaining peace-loving nations to stand against them "to preserve peace."5 It looked like this speech would be the beginning of Roosevelt's stand against aggression. But isolationist newspapers lambasted him, causing him to retreat. Roosevelt, a shrewd politician, knew that any risky foreign policy decisions would jeopardize badly

Law of digital evidence Essay Example | Topics and Well Written Essays - 250 words

Law of digital evidence - Essay Example In case they do so, they must always prove a probable cause for such actions. Law enforcers should always seize evidence in plain view a feature that remains impossible in computer searches given the soft copy nature of such files. The plain view exception thus exempts computer searches from such conditions. However, law enforcers should always carry out an exhaustive search of the computer thus ensuring that they search every file in the computer and avail their contents whenever required. I refute the idea of a observing a search protocol which requires the approval of a court of law before carrying out a search. Criminals can easily delete and manipulate any incriminating evidence in their computers thus making it difficult for the law enforcers to prove their guilt. As such, the law should permit law enforcers to confiscate computers at the time of arrest as they await search warrants. This way, they safeguard the evidence in the computers by making it difficult for the suspect to tamper with the contents of the

Prison System in England and Wales Essay Example | Topics and Well Written Essays - 2000 words

Prison System in England and Wales - Essay Example Hence, the crux of this paper concerns the possible solution of prison crisis through the increase in number of prisons after analysing the major causes of the problem so as to examine the best possible solution of the problem in the truest sense. Effective management of prisons is one of the greatest issues confronting any country in the world. Number of prisoners is increasing in all parts of the world exacerbating the crisis in the form of inefficient management, prisoner suicides, aggression, deteriorating hygienic condition and ineffective provision of educational facilities to prisoners. The condition in the prisons of England and Wales is no different; rather it is worse than many developed countries in the world and the most significant issue behind this crisis happens to be massive overcrowding in prisons soaring at a rapid rate. The prisons in England and Wales are severely overcrowded. According to Press Release (2002), the number of people in prisons exceeded 71,500 in 2002, which was about 45,800 in the year 1992. This reveals that the number of people in prison had almost doubled within a span of just 10 years, which in itself was a record. Within Western Europe, the rate of increase in the number of prisoners is the highest, which stood at 134 per 100,000 in the year 2002, and reached 141 per 100,000 in 2004 (National Offender Management Service, 2005). Prisons have no choice but to admit more and more people as court commands people to be incarcerated every day against different criminal charges. According to Page (2003), the number of women prisoners in 1992 was 1300, while it reached 4000 in the year 2002. It shows that the number of women in prisons has risen by about 3 times during a single decade. The number of children under the age of 18 has also increased three times over the last decade. Moreover, the number of old prisoners over the age of 60 in the year 1989 was 345, which after ten years rose to 1000. This is an alarming condition and if it continues in the same direction there is a threat that it will cripple the entire criminal justice system in England and Wales (Press Release, 2002). This menace is further exacerbated with expected rise in the number of prisoners in future. The government opines that the number of prisoners in UK will reach 100,000 by the year 2010 (Page, 2003). If this prediction becomes true, the situation and environment in prisons will further be worsened, as the system is not capable to bear pressure of soaring prison population to such an extent. With the increasing number of prisoners to be fitted in the same number of prisons and cells, the prisoners are being located in narrow cells that are not designed for two or three persons at the same time. The number of beds, toilets and other facilities intended for a single person are to be shared by more than one. According to a report by House of Lords/House of Commons Joint Committee on Human Rights (2004), this surging number of prisoners has caused massive overcrowding in prisons and about 17000 prisoners happen to have been accommodated two in a cell designed for one. National Offender Management Service (2005, p16) states that, "the ten most overcrowded prisons in England in 2004 accounted for 5,900 out of the 18,400 prisoners required to share a cell in crowded conditions". The

The Importance of Performance Related Pay in Motivating Employees Research Proposal

The Importance of Performance Related Pay in Motivating Employees - Research Proposal Example There has been several studies on the same topic; however, the findings are varied. Nonetheless, most of the researches that investigated the same area revealed that in longer run performance-related pay (PRP) is not motivating for the employees (Boachie-Mensah and Dogbe, 2011; Forest, 2008; Marsden et al., 2000; Perry et al, 2009). The researches quoted the reason for demotivating effects of PRP as biased appraisal systems and its effects on employees who are not benefited from PRP techniques. These findings are accomplished by several researchers but PRP is still in practice which indicates that there must be something behind this technique that motivates employers to use it in their organisations. These differences in theory and practice indicate a need to link PRP techniques for employee motivation with entire compensation system (practises) to ensure its positive effects are realised. The underpinning issue identified by this study is that how PRP can be integrated into the compensation system in a way that it works as a motivational tool for the workforce. The findings from other research studies that guide the stance of this study are stated below; Based on these findings it cannot be said directly that PRP is not motivating but it can be said that fair appraisal systems may help motivate employees and encourage them to achieve the set standard. This study explores how the issues identified by the research in PRP can be tackled and how it can be used as a strong motivation tool. The guiding statement for this research is that PRP is motivating however there should be elements that needs to be integrated if performance related pay is to be used as a motivational tool. Now the question is what elements can make PRP motivational for employees. Perry et al (2009) suggested that in order to make PRP work, it is important to focus on robust

Client Relationship Essay Example | Topics and Well Written Essays - 1250 words

Client Relationship - Essay Example "Think of your life as a consumer. There must be a retail establishment somewhere-maybe a deli, or a CD store-where you really like to shop, because someone there always seems to know exactly what you want. So now visualize going into this store and having them screw something up, with the result that leaves you feeling a little angry. If it were any other store, you think to yourself, you'd take your business elsewhere. But the reason you don't go elsewhere is it would be too much trouble, right You'd have to teach someone at another store everything about your personal tastes that the person at this store has already learned." (Rogers, 2006)Remember that different needs are based on kind of businesses. CRM mans managing all contacts with the clients; part of this is improving customer service. A good CRM program will allow a business to acquire, serve, and retain quality clients. A good CRM program can improve customer service by facilitating communication in several ways: Provide a mechanism to track all points of contact between a customer and the company, and do it in an integrated way so that all sources and types of contact are included, and all users of the system see the same view of the customer (reduces confusion). Help to identify potential problems quickly, before they occur. Provide a user-friendly mechanism for registering customer complaints (complaints that are not registered with the company cannot be resolved, and are a major source of customer dissatisfaction). Provide a fast mechanism for handling problems and complaints (complaints that are resolved quickly can increase customer satisfaction). Provide a fast mechanism for correcting service deficiencies (correct the problem before other customers experience the same dissatisfaction). Use internet cookies to track customer interests and personalize product offerings accordingly. Use the Internet to engage in collaborative customization or real-time customization. Provide a fast mechanism for managing and scheduling maintenance, repair, and on-going support (improve efficiency and effectiveness). The CRM can be integrated into other cross-functional systems and thereby

From Englightenment to Romantisicm Essay Example | Topics and Well Written Essays - 1500 words

From Englightenment to Romantisicm - Essay Example Mozart’s oeuvre often focuses on these subjects – he revolutionised traditional operas by making a member of the serving class the hero of one of his masterpieces in â€Å"Le Nozze di Figaro†, where the popular figure of Figaro (a barber) triumphs over his social superiors because of his higher moral values, and because of his wit. The play by Beaumarchais on which the opera libretto was based was banned in Vienna in the times just before the French Revolution, as the content was deemed too inflammatory. The opera â€Å"Don Giovanni† remains to this day one of the most often performed operas worldwide. This paper will explain the particular fascination this opera still holds today by demonstrating the complexity of two of the main characters of the libretto, Leporello, Don Giovanni’s valet, and Don Ottavio, the fiancà © of Donna Anna, one of the women Don Giovanni tried to seduce. As in the comic opera â€Å"Le Nozze di Figaro† Mozart and Da Ponte sketch a two-tier society and the characters in Don Giovanni are either members of the aristocracy or the serving class comprised of servants and peasants. Again, moral values are not identical with class and rank, but low morals can be found in the aristocracy (Don Giovanni) and high morals can be found in the peasant class (Zerlina, Masetto). Leporello appears to be a case of his own - in the first Act we find Leporello in the garden owned by the Commendatore whilst his master, Don Giovanni, is attempting to seduce Donna Anna, the Commendatore’s daughter and fiancà ©e of Don Ottavio. Leporello, although a loyal servant, is dissatisfied with his employment and with his master. He complains that he is kept busy day and night, as expressed in his aria â€Å"Notte e giorno faticar† which could be translated as â€Å"day and night nothing but work†. The close proximity to his master and the knowledge he has therefore gathered about his master’s life

Starbucks and Mcdonalds Research Proposal Example | Topics and Well Written Essays - 250 words

Starbucks and Mcdonalds - Research Proposal Example Data and information should be on the last three to five years for consistency in the use of statistics and comparative figures. Whatever strategies were deemed more effective, as practiced, together with validated support from other authoritative sources would be used to recommend future strategies to improve revenues, market share and profits for both organizations. A review of related literature is proposed to be included as part of the research to contain information on past researches conducted for both Starbucks and McDonalds for the last three to five years. Comparative information would be gathered, evaluated and integrated to focus on strategies on products, price, place and promotions. Findings would therefore be written on which particular strategies were deemed most effective in both organizations and if these strategies can still be used to improve on the organizations’ performance. A review of external factors that influence future performance of these organizations would also be presented prior to

Effects of Mercury Contaminated Fish on Consumer’s Health Essay Example for Free

Effects of Mercury Contaminated Fish on Consumer’s Health Essay Mercury is an element that comes naturally in nature, or manufactured by humans.   It comes in different forms.   According to the New Jersey Department of Health, mercury may be found as metallic mercury, a kind of silver-gray liquid that is harmful when exposed into the air and breathed in; methylmercury, which may be ingested by eating fish; inorganic mercury which can be found in over-the-counter drugs, batteries, and other pharmaceuticals, and is harmful when breathed in or swallowed; and phenylmercury in household products like paints, cosmetics   and toiletries and is harmful when breathed in, swallowed or passed through the skin (Kapsch, et. al, 1999).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This paper delves into the mercury and its harmful effects on the fish population and ultimately, adverse effects on   human health. Mercury in the Environment   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As noted above, mercury is found naturally in the environment.  Ã‚   Paul Kapsch, Matt Landi and Sarah Scwartz writes that natural incidents and accidents like forest fires and volcanic eruptions spew mercury into the air (1999).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Natural Resource Defense Council adds that   power plants and certain chemicals manufacturers, as well as other industrial facilities release mercury into the air through their daily operations.   The released mercury eventually ends up in the waterways and oceans.   Fish in these ecosystems ingest the mercury, which people, in turn ingest by eating the fish. (NRDC, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mercury is also present in many things that one has at home like fluorescent and neon lamps, mercury switches in chest freezes, thermostat probes, thermometers, barometers and other gauges, laboratory solutions and even dental amalgam (Kapsch, et. al, 1999).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Paul Kapsch and his partners outlined the environmental impact of mercury.   Citing ExtoxNet (1999), Kapsch, et. al, stated that while mercury enters the environment, concentrations in the air and atmosphere is generally very low.   Mercury, however, is deposited into forest ecosystems where it accumulates in highly toxic forms.   Eventually it leads up to aquatic ecosystems, which in some cases contribute to human health problems.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Natural Resource Defense Council added that when mercury enters into the various water systems, bacteria take it in and convert it into a type of methyl mercury, which is easily absorbed by humans (1999).   The NRDC also explained that the mercury then works it way up the food chain as larger fish eat smaller contaminated fish.   Mercury, however, does not break down.   Instead it accumulates in fish (1999).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   To illustrate the point, the NRDC stated that predatory fishes like sharks and mackerel have been found to have 10,000 times higher mercury concentration (1999). How Mercury Enters the Body   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mercury can enter the body by breathing it in, swallowing or eating contaminated food, drinking contaminated water , or through the skin (Agency for Toxic Substances and Disease Registry, 2008).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Consumption of contaminated fish, however, is one of the most dangerous way of getting mercury in the body since it involves methylmercury, which is easily absorbed through the gastrointestinal tract into a persons bloodstream (Agency for Toxic Substances and Disease Registry, 2008).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In 2003, Dr. Jane Hightower, doctor of internal medicine at the California Pacific Medical Center in San Francisco, found that 89% of participating patients had high mercury levels.   Most of these participants had as much as four times the safe level of mercury in their blood stream.   Participants in Dr. Hightowers study were chosen precisely because of their fish-heavy diets. (NRDC, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Once in the bloodstream, the mercury goes into various parts of the body.   Methylmercury in pregnant women gets passed on into the childs blood stream and then into the childs brain.   A nursing mother may pass the methylmercury through breast milk. (Agency for Toxic Substances and Disease Registry, 2008). Health Risks   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The NRDC says that mercury exposure can be particularly hazardous for pregnant women and small children.  Ã‚   The NRDC adds that mercury exposure can lead to cerebral palsy, mental retardation, blindness and deafness in infants and fetuses.   Even with a minimal exposure, the child may be delayed in learning how to walk and talk, have low attention span and may later on develop learning disabilities   (NRDC, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   And the numbers are alarming.   In July 2005, researchers at the federal Centers for Disease Control and Prevention found that 1 in 17 women of childbearing age have more than 5.8 micrograms of mercury per liter of blood.   The CDC stated that this level may pose a risk to the developing child (NRDC, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mercury-contaminated fish is not just dangerous for children and pregnant women but it is also dangerous for adults (Mercola.Com, 2003).   Mercola.Com related that mercury destroys the nerve tissues, the visual cortex and the cerebellum.   It affects complex movements and balance.   It also leads to problems in attention span and language.   It also decreases concentration, deftness and verbal memory in adults.   (Mercola.Com, 2003).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   For some adults, mercury poisoning can lead to fertility problems and blood pressure regulation problems.   It also causes memory loss, vision loss, numbness in the fingers and toes, and tremors.   It is suspected that mercury exposure also leads to heart disease (NRDC, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Agency for Toxic Substances and Disease Registry warned that the nervous system is prone to mercury contamination.   The Agency said that in this type of mercury poisoning, some people who consumed seed grains and fish contaminated with large amounts of methyl mercury developed severe brain and kidneys damage.  Ã‚   The Agency explains that mercury accumulates in the kidneys, so it damages it more.   (Agency for Toxic Substances and Disease Registry, 2008).   * * *   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The above discussion shows that consumption of mercury contaminated fish is very dangerous for consumer’s health, and is a source of different diseases especially in   (but not limited to) children and pregnant women. Studies have concluded that mercury poisoning have caused several conditions and diseases from simple memory loss, loss of concentration, fertility problems to something as grave and irreparable as mental retardation and kidney ailments.   And studies on the relationship between mercury and other, more life-threatening diseases like heart ailments are currently underway.   The growing body of evidence all points to some disease that can be traced to mercury poisoning.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Consumers have to actively control their fish diets.   If they are fond of eating fish, they might find it useful to regularly check and look for advisories regarding mercury contamination in their area.   It is also recommended that they regularly check their own mercury levels and if they found their mercury levels higher they have to consult with their doctors immediately.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Since mercury poisoning is more dangerous to pregnant women and small children, it might be best to veer away from eating fish altogether, and take up healthier choices such as vegetables and dairy products.   Being more vigilant with regards to ones diet can reap long-term prevention that would help ensure optimum health.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Authorities need to take much stronger steps to protect a far greater portion of people.   Authorities must examine their antiquated safeguards designed to protect an average person   from an average amount of methyl mercury in fish and take more protective and realistic actions against exposure to methyl mercury through food. Authorities need to constantly update themselves, as safe levels of mercury in the diet are constantly changing.   In fact, the trend is that the required safe levels are getting higher with each new research that goes out of the pipeline.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Public health authorities, as well as community leaders, or any health-related organization, must come together to inform, educate and empower the public about the dangers of fish consumption, mercury contamination, and adverse health effects.   Information is the best weapon against mercury contamination, without it, no amount of public policy will be sufficient or effective.   The public needs to be aware of what mercury does to the body, the diseases associated with it, where mercury could be found, how it gets into your body, what measures are to be done.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   More than anything, it is high time to look at more efficient ways of disposing all types of mercury.   Since mercury could be found in nature, it will be next to impossible to eradicate it.   What one could hope for is to reduce environmental damage from the mercury that we can control.   If people could somehow take care and reduce the amount of mercury that goes into the environment as waste, people would be protecting not only the oceans and the fish, but also themselves.   Taking care of the environment would ensure sustainability in the future and would drastically decrease mercuryand in fact and principleall types of contamination.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In effect, stopping or greatly reducing mercury contamination and all the ill effects associated with it takes the effort of everybody in the community, but it starts mainly with your self.          References Agency for Toxic Substances and Disease Registry (Content source); Sidney Draggan and Emily Monosson (Topic Editors). 2008. Public Health Statement for Mercury. In: Encyclopedia of Earth. Eds. Cutler J. Cleveland (Washington, D.C.: Environmental Information Coalition, National Council for Science and the Environment). [First published in the Encyclopedia of Earth November 13, 2007; Last revised January 24, 2008; Retrieved April 2, 2008]. http://www.eoearth.org/article/Public_Health_Statement_for_Mercury Jeremy Laurence, (8 March, 2007) Fish Contaminated With Mercury Pose Worldwide Threat to Health. The Independent.   Retrieved on 3 April 2008. http://www.independent.co.uk/environment/nature/fish-contaminated-with-mercury-pose-worldwide-threat-to-health-439267.html Kapsch, Paul, Landi, Matt and Schwartz Sarah. (1999). Mercury. University of Vermont. Retrieved on 3 April 2008. http://www.uvm.edu/~vlrs/doc/mercury.htm Learn About Mercury and Its Effects, (2006) Natural Resource Defense Council. Retrieved on 23rd March 2008. http://www.nrdc.org/health/effects/mercury/effects.asp Mercury-Contaminated Fish Poses Health Risks to Adults, (2003) Mercola.com. Retrieved on 25th March, 2008. http://articles.mercola.com/sites/articles/archive/2003/06/21/mercury-fish-part-six.aspx

Leadership Approach Essay Example for Free

Leadership Approach Essay Various theoretical approaches have been conducted to determine the impact of leadership and the key attributes of effective leaders. The five research approach comprise of the trait approach, behavior approach, power-influence approach, situational approach, and integrative approach. Although each approach has its merits and issues, the focus of this paper will be the situational approach. Overview The situational leadership approach views leadership in relation to a specific context. The study suggests that for every situation a specific leadership style is appropriate. In situational leadership, the factors that affect the leadership style include the situation, the organization, the followers, the timing and the nature of work (Yukl, 2010). By assessing these factors, leaders make decisions on their leadership style. In addition, situational leadership has two subcategories. The first one reviews the similarity or differences of leadership within an organization. This study involves using comparison between situations and the differences or similarities between approaches. The second study evaluates the correlation between leadership traits, skills and attributes to leadership effectiveness (Yukl, 2010). Finally, the study by Paul Hersey and Kenneth Blanchard in 1969 provided a matrix of communication for use in this type of leadership. The matrix recommends the use of four influence competencies such as telling or directing, selling, delegating and participating. Each style is adapted to the follower’s maturity or competency. â€Å"The four styles suggest that leaders should put greater or less focus on the task in question and/or the relationship between the leader and the follower, depending on the development level of the follower† (Changing Minds, 2012). Strengths and Weaknesses The strength of the situational approach of research is that it provides a variety of study iterations, thus allowing for the researchers to control certain parts of the study. Moreover, the situation is observable and results are easy to understand. Thus the study provides flexibility and control in modifying various factors within the control situation. For instance, by manipulating a certain control situation, researchers can review the leaders’ reactions and methods to resolving the issues put forward. The weaknesses of using this approach are that it contains too many variables. Endless numbers of variables can be factored in to a situation and thus, can create confusion in the study. Moreover, the approach does not clearly distinguish between leadership and management and given a situation, managers can act as leaders and vice versa without further clarification. Examples of Situational Leadership Situational leadership exists in __________, a financial service firm, and the author’s current employer. Situational leaders use four influence competencies such as telling or directing, selling, delegating, and participating. Each style must be applied to the appropriate situation being affected and the audience or group being addressed (Changing Minds, 2012). The examples will be based on the author’s observations of her direct superior, the Senior Partner of the company, (â€Å"Eric†). As senior partner, Eric is in charge of the company’s strategic direction. Thus, he delegates authority to various skilled and competent individuals. In everyday business, Eric uses the delegating and participating style. He understands that the branch managers and senior staff are skilled to handle every day issues. However, in times of uncertainty and stress, for instance, the possible stock market decline, Eric shifts his style to more of a telling or directing style. This telling or directing style is typically used in lower competency and low trust group of followers. Even though Eric realizes that the senior staff members are well trained to handle stock market declines, Eric looks at the situation and modifies his behavior and communication style to a more directive leadership. Conclusion The situational approach in studying leadership provides an overview of the use different traits, skills and communication styles in order to fit into the situation. Although this approach has its merits and weaknesses, it is the most widely used leadership study. Regardless of the approach used in study or leadership style, the most important factor is the leader’s accountability for the outcome of the decisions made. Reference Changing Minds, (2012), Hersey and Blanchard’s Approach, Retrieved from: http://changingminds.org/disciplines/leadership/styles/situational_leadership_hersey_blan chard.htm Yukl, G. A. (2006). Leadership in organizations (7th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.

A Marketing Analysis Of Air Asia Marketing Essay

A Marketing Analysis Of Air Asia Marketing Essay In order to make sure that the slogan of Now Everyone Can Fly, Airasia had launched Low Fare Campaign in order to attract the customers to fly with a low fare. The objectives of this campaign are to offer low fares to customer to travel and offer discounts to the public in order to encourage more people to fly with Airasia. Moreover, this will lead to new market entry of first-time user. (Thestar, 2007) 2.0 Airasia Market analysis 2.1 PESTEL analysis Political Factor Airasia airline had planned to build a new single-runway airport in Labu, Negeri Sembilan with the Sime Darby in 2009 and been approved by the government. However, the plan has been cancelled due to the Stated-owned Malaysia Airports had tried to stop to build the new terminal and disagreement with former Prime Minister, Tun Mahathir. (Flightglobal, 2009) Economic Factor In 2010, Malaysia Government had introduced one government policy which is 10 Malaysia Plan to the public in order to unleash the growth of economic. The Airport development is one of the plans as Malaysia Government expects the passengers amount will increase to 62 million in 2015. A new low cost terminal will be built by the in Kuala Lumpur International Airport for Airasia and has larger terminal. (Midfresearch, 2010) Social Cultural Factor Malaysia is the country which has 3 ethnics and the cultures are unique. Airasia believes that the communities are expecting that the airline can treat every ethnic equally. In order to do that, Airasia is practicing the meritocracy culture whereby the employees hired not based on the age and ethnic. (Airasia, 2009) Technological Factor Airasia has implemented information technology in running the operations of the airline to save the costs. The information technologies that implemented are yield management system and computer reservation system. The systems can help the airline to save the costs by recording on revenue and transactions in daily operations. (Management of Technology, 2009) Environmental Factor Airasia has invested in the latest technology and full utilization of the aircraft in protecting the environment and A320 airbus which is more efficient to operate and more save fuel is used. Airasia ticketless system and near paperless office are the strategies to cut down the waste of paper. (Airasia, 2009) Legal Factor In order to operate in Malaysia, Airasia must apply the Air Service License from the Malaysia Civil Aviation. The regulations such as Civil Aviation Act 1969 and Aviation Offences Act 1984 must be followed. (Airasia, 2004) 2.2 SWOT analysis Strength Analysis Low Cost Carrier business model is one of the strength of Airasia in order to compete in the airline industry. The second is Airasia has a very strong relationship with the government and the airline industry leaders. The third is well established of brand name in Asia Pacific. (Management of Technology, 2009) Weakness Analysis The Airasia main weakness is the airline more reliable on the out sourcing workforce. The other weaknesses are the service resource is limited and the airline is receiving many complaints on the no-refundable of the ticket canceled and the delay of flight. (Management of Technology, 2009) Opportunity Analysis The first opportunity is the ever-increasing oil price which enables Airasia to compete with other low cost airline. (Management of Technology, 2009). ASEAN Open Skies agreement that achieved which is allows Airasia to run unlimited flights among ASEANS regional is also an opportunity. (Wong, 2009) Threat Analysis The first threat is the services rates (airport departure, security charges) are controlled by the airline. The other threats are other entrance of low cost airline and the operation cost is increase due to the services that added. (Wong, 2009) 2.3Trend and Current Position 2.3.1 Airasia Trend In 2009, the low-cost carrier airline that established well had proved that has sufficient power to operate across the region in different market and economic. Airasia airline is the fast-growing and profit earning steadily airline which had increased the profit for the past. Airasia is also able to grow the market share in the Southeast Asia and had introduced the low-cost long-haul carrier whereby can offering the passenger cheaper fare. Airasia has started to have partnership with other low cost airline to reduce the airline operation costs such as ground-handling services. (Flightglobal, 2010) 2.3.2 Airasia and Competitors Current Position In Malaysia, the main competitor of Airasia is the Malaysia Airline System (MAS) which is Malaysias National Airline. In order to compete with Airasia, MAS had launched the first low cost airline which is Firefly. The airline is the test-bed in running low-cost operation. In March 2007, Malaysia Airline System had launched the first community and low cost airline which is Firefly to compete with other low cost airline. The Firefly airline is the test-bed of Malaysia Airline System in running the low-cost operation instead to test for new market segmentation and the Malaysia Airline System will adapt and expand it into national carrier if the operation of Firefly is proven success and gain stability. (Datamonitor, 2008). Due to the existing of new competitor, Airasia Malaysia has two competitors in Malaysia. However, the prices of airline ticket in Airasia is the main advantage and able to maintain current position as low-cost carrier. Particular Malaysia Airline Airasia Firefly Airfare Non RM15 RM130 Service Charge RM9 Non Non Surcharge RM76 RM47.50 RM51 Total RM85 RM62.50 RM181 (Prices Comparison for one person one way ticket to Pulau Langkawi during promotion) (Reference: Amdtaufik, 2008) 3.0 Objective 3.1 Corporate Objective The first objective of Airasia is to become the largest low cost airline organization in Asia by provide services to 3 billion people. Second objective is to attain with the lowest cost and lead to everyone can fly. The third objective is to maintain the product quality and reduce the costs. 3.2 Communication and Marketing Objectives The first communication objective of Airasia is to promote the organization, services and products through the effective communication program to the customers. The second objective is to make sure that there is a communication relationship between the Airasia and the customers and the relationship can be strengthen through the campaign awareness and brand reputation. The third objective is to expand the communication and media strategy in order to create brand or product awareness to the customers in order to achieve the organization goal. The last communication objective is to maintain the good relationship with the customers and keep updating customers with organization informations. (JobDB, 2011) 4.0 Marketing Communication Tool Low Fare Campaign 4.1Advertising In order to communicate with the target audience, Airasia is using advertising as a tool in introducing the products and services. One of the important advertising media that frequently used is the social media. The advantages of using social media are the internet enable the interactive capabilities, high selectivity by the users and the cost is low. In Airasia, the organization strongly agrees that social media is playing an important role in order for the organization to do advertising and build a consumer group that contributing trust to brand and value. Nowadays, the internet had made the people able to connect with the whole world people easily and more time is spending for online. By using social media, the messages of the products and services can be reaching out and able to share out the content of message effectively. Besides that, the social media is able to provide a channel of communication for the organization to run the activity such as low fare promotions, new product launching and news announcement. Moreover, the social media able to create a communication platform for the Airasia to connect with the people and enable the people to have more understanding on the organization. (Airasia,2009) Airasia had started the corporate blog (www.blog.airasia.com) in 2008 and Facebook (www.facebook.com/AirAsia) in 2009. The effectiveness and efficiencies of the social media enable Airasia to reach the number of fans and creating a strong relation community. For the community, they are able to get the latest information about the campaign that launched by Airasia through the social media. (Airasia, 2011) Another method of Airasia to run the advertising is using the Airspace advertising whereby the unique and effective way of advertising can be done to reach all the customers who take the flight. With the new approach of advertising and more cost saving, the messages can be reaching to large coverage of passengers.   This allows the messages of the campaign directly communicate with the passenger and can across effectively whether on the ground or in the sky. The advertisements of the campaign can be placed in the auto boarding pass, the information counter, sales office and on the passengers seats. (Airasia, 2010) Besides that, Airasia use newspaper as advertising media. By using the newspaper, the messages of the campaign can be more flexible to access to the different coverage of markets and the target audiences are different. The newspaper medias that used by Airasia in Malaysia are Star, Sin Chew Daily, China Press, Berita Harian and others. (Lee and Johnson, 2005) 4.2 Direct marketing Direct marketing is an interactive system that can helps the organization to personalized communications between them and the customers. With the help of computer and internet development nowadays, the organization is able to run two way communications for their products and services. (Lee and Johnson, 2005) In order to increase the awareness of the organization to the customers, Airasia is using direct marketing in order to encourage the interactions between organizations and allow users to be more understanding on the brand. One of the direct marketing tool that used by Airasia is the Yahoo Mobile. Airasia is promoting and sending the messages to the customers by using other website. Airasia has corporate with Yahoo Mobile whereby the organization allows Airasia mobile website to put the banner advertisement on the Yahoo mobile homepage, yahoo mail and yahoo search. The mobile users just need to access to the Yahoo Mobile and click to the Airasia banner, the link will automatically connect to the Airasia Website. By this, the customers can book the flight tickets, checking the ticket booking status and access to the promoting campaign. These services and information assessment through mobile technology has lead to the increasing in awareness of the organization and campaign promotion. Moreover, this direct marketing method had lead to the good responses from the users whereby the total click to the website is 108,405 clicks and the rate is 1.78 percent after 28days launching. (Mobilemarketer, 2009) 4.3 Public Relation There are many activities that can be carried by the public relation in order to communicate to the related party. In Airasia, one of the activities that carried out by the Public Relation is the Corporate Social Responsibility. The features in this concept are the organization shares the values and joyfulness in with the related parties. Airasia is celebrating the times of joy with the communities, practicing the communities value and traditions and delivering cares to them. There are few area that focused by the Airasia in caring out this activity. The first area is the organization work place. Airasia is practicing the meritocracy culture and the employees are hired due to their performance and ability. The elements like gender, creed, age and ethic are not considered in the hiring process. By practicing the meritocracy culture, Airasia believe that they can strive to exceed the communitys high expectation and provides equally treatment to all the communities. The second area that focused is helping the communities to pass the hard time. There was an earthquake happened in 2009 and had shocked many communities in Indonesia. At that moment, the Airasia decided to lend a hand and running the charity flight to help the victims to go out from that place. Moreover, the Airasia in Malaysia is also helping out in providing the cargo space to deliver the goods for the victims. Airasia always help the victims of disaster and providing joyfulness and hope to them. The last area that focused is minimizing the environment impact in creating greener environment. The first thing Airasia do is promoting the recycle concept to the work place environment and encourage paperless system office to be run. Moreover, self service check-in options is encouraged by the organization in order to helps in reduce the need for expensive airport infrastructure. The efficient and simple ground environment is the main policy in protecting the environment. (Airasia, 2009) 5.0 Airasia Marketing Strategies 5.1 Pull and Profile Strategy Airasia is using the Pull Strategy to deliver the low fare campaign information directly to the end-user customers. The purposes of the messages delivered are to increase the campaign awareness, encourage the customers involvement and to influence the customer perception. By these, the customer behavior and perception may be changed and lead to the purchasing of the products. Moreover, Airasia use this strategy to encourage and attract the customers to purchase airline through the website channel. For Airasia to complete and deliver the pull strategy, the method that use can be deliver the message through the social media or website by offering the low fare promotion to the customers. (Fill , 2006) Airasia is using the Profile Strategy which is using different messages in target all the stakeholders that related. The stakeholders of Airasia are customers, employees, regulators and the local communities. This strategy is including the pull selling which is requires high promoting to attract the customers and push strategy which is forces from the organization to increase the customer demand. By using this strategy through different marketing communication tools to deliver different message, Airasia is able to build up the awareness of the low fare campaign and the perception of communities toward the campaign. (Fill , 2006) 5.2 Unique Selling Propositions In order to be unique selling proposition, the strategy that used by Airasia is low cost carrier and has come out the vision of in becoming the largest low cost airline in Asia and makes the dream of average income people to fly happens. The slogan that implement for the strategy is Now Everyone Can Fly whereby the tickets prices are lower. To become differently from others airline, Airasia has implementing few strategies in order to make sure that the low fare model is possible to run. The first strategy that Airasia apply is the Safety First strategy on the maintenance of the airplane. The organization is follow the others world airline operation safety strategy and partnering with the worlds recognize repairing and maintenance manufacturer. The second strategy is the High Aircraft Utilization where the Airasia implementing the fastest turnover time in make sure the cost can be lower and productivity is high.   The third strategy is low fare and no frill whereby providing the services without promises on the quality. The last strategy is providing more different distribution channels such as Airasia Mobile and booking website for the customers to check the booking and the flight schedule informations. (Airasia, 2010) 6.0 Airasia Communication Campaign Cost Outline Cost 2008 2009 Revenue RM 2,81,526,000 RM3,072,049,000 Marketing Communication Campaign Cost (Avdertising, Direct Maketing and Public Relation) RM 5,630,520 RM 61440980 (Reference: Airasia, 2009) Airasia is using 2% of the yearly avenue to invest in the marketing communication campaign in order to create awareness of products and services among the communities. (Low, 2010) The costs that spend for 2008 are RM 5,630,520 and RM 61440980 for 2009. 7.0 Methods of measuring the effectiveness of the marketing communication There are few methods that Airasia can use to measure the effectiveness of the marketing communication in the Zero Fare Campaign. The first method is the Pre-Testing whereby the marketing communication concept, targeting group and behaviour are pre-test before the launching of campaign. This test can be done by the qualitative and quantitative method which is giving out survey forms and collect opinions. The second method is Post-Testing whereby the effectiveness of marketing communication is evaluated after the campaign launching. Airasia can use the behavioural test to measures the responses and perception of consumer on the marketing communication after Zero Fare campaign was launched. Moreover, Airasia can also use the sales test which is the measures on the sales and then will get result on the marketing communication effectiveness. The third method is Tracking Studies which is the study is involves the collection data of the consumer perception toward the campaign. Airasia can use the interview method to collect the data of consumer perception on the marketing communication of the campaign and what message that gets from the campaign. By this, the organization is able to more understand on the consumer perception and a good record for future marketing communication plan. The fourth method is Likeability test which is testing the level of consumer enjoyment on the marketing communication of the campaign. The result will lead to the sales result and the consumer satisfaction result. (Fill, 2006) Total word count: 2986 words

Movie Essays - Oedipal Hamlet in Film -- Movie Film comparison compare

Oedipal Hamlet on Film      Ã‚  Ã‚  Ã‚   It has commonly been suggested by such disciples of Sigmund Freud as Ernest Jones that Shakespeare's character of Hamlet is the victim of an Oedipus complex. While any reading of the play Hamlet, Prince of Denmark that focuses on the text and not the psychoanalytical fads of the current age disproves any notion of Hamlet's oedipal nature, many film artists have followed popular psychology and have adopted this theory for the screen. Whether out of precedent, pressure, or some need to discover some complex in Hamlet, this has become a very popular trend for filmmakers. Seeing as how it is impossible to do a production of Hamlet without addressing Hamlet's relationship with Gertrude, Hamlet, Sr., and Claudius, the following will be a discussion of several filmic Hamlets, and the presence, or absence of these Freudian notions. While certainly not the first production of Hamlet for the big screen, Laurence Olivier's 1948 adaptation is the first full length commercial version, and is still highly regarded today. In this film Gertrude looks at Hamlet more like a lover than a mother, gazing at him lustfully whenever he is present. Gertrude's affection is not limited to these gazes, however, as upon Hamlet's agreement to remain at Elsinore she kisses him deep and long on the lips, like a lover. Olivier's Hamlet is initially aggressive toward Gertrude during the closet scene, but after the visit from the ghost he becomes as affectionate as Gertrude is in the beginning. Hamlet speaks to Gertrude tenderly, and she responds accordingly. He then gives her a deep long kiss to seal their pact against Claudius. Taken out of context the scene would appear to be a conversation and love-pact between two ... ...ed complexes and have given us Hamlets free of supposed incestuous wishes and confused notions. This reverence for the script and lack of supposition give the viewer a more accurate view of Hamlet that is more in keeping with the complex mind Shakespeare offered his audience.    Works Cited and Consulted Branagh, Kenneth. "Hamlet" by William Shakespeare: Sreenplay, Introduction, and Film Diary. New York: W.W. Norton & Company, 1996. Guerin, Wilfred L., Earle Labor, Lee Morgan, Jeanne C. Reeseman, and John R. Willingham. A Handbook of Critical Approaches to Literature. New York: Oxford University Press, 1992. Leong, Virginia. "Hamlet Article from The Australian." 06 December 1997. (07 December 1997) Shakespeare, William. Hamlet, Prince of Denmark. The Riverside Shakespeare. ED. G. Blakemore Evans. Boston: Haughton Mifflin Company, 1974.

SAT Testing :: essays papers

SAT Testing Testing for our colleges Many Parents and educators are telling kids who are entering college, to drop the pencil and don’t take the standardized test. Educators say using an SAT or ACT for an admissions test is biased and unfair to ethnic minorities. Also gender differences and socioeconomic status plays a role on if you get a better score on these test or not. In my research I will show that there are similarities within ethnic and gender differences and women are vastly approaching males scores on these tests. But I will also briefly touch on the subject of income and how having more money makes you have a better score. If we were to take a look at the gender differences in education and the outcomes within the ethnic groups we would better understand the differences in educational achievement and opportunity. Gender differences within racial and ethnic lines revealed far more similarities than differences. Test scores did not differ that much from one ethnic group to another. You can see from the 2000 College Bound Seniors test scores: SAT Total Test-Takers: 1,260,278, of whom 53.7% are female Verbal Math Total Ethnic Group American Indian or Alaskan Native 482 481 963 Asian, Asian Amer., or Pacific Islander 499 565 1064 African American or Black 434 426 860 Mexican or Mexican American 453 460 913 Puerto Rican 456 451 907 Other Hispanic or Latino 461 467 928 White 528 530 1058

Subject: Hemmingway-The Sun Also Rises :: essays papers

Subject: Hemmingway-The Sun Also Rises In the novel The Sun Also Rises, by Ernest Hemingway, a reader is forced to decide weather the spite that the Jake has for Chon originates from Jake ¹s racist background, or his deeply seeded jealousy of Chon for having a brief affair with Brett. Even though it is clear that Jake has racist views, the hatred he has for his former friend Chon Chon is strictly based on the jealousy he feels towards Chon for the weekend he spent with Brett. Jake goes in to great detail about Chon ¹s early life. He speaks highly and admiringly of Chon, but in a condescending way. A reader get her first hint on page one that Jake has some racist feelings toward Chon. He speaks of how Chon's nose was flattened in a boxing match and concluded the sentence with  ³...and it certainly improved his nose ² (11). This can be taken as a reference to the stereotypical  ³Jew ² nose that is often associated with Jewish people. Jake and Chon are close friends, and Jake likes him up to the point where he becomes involved with Brett. Jake goes on and on about all of the relationship mistakes in Chon ¹s life. There is an hint of jealousy that appears in Jake's tone. He states that women began to become attracted to Chon as he got older, and that it  ³changed him so that he was not so pleasant to have around ² (16). There is racism in Jake ¹s tone, but Jake ¹s problem with Chon is is strictly one of jealousy. By this time Jake has already developed an extreme distaste for Chon ¹s endeavors with women, but these feelings their peak when Chon and Lady Brett have a brief affair. Jake, having unconditional love for Brett, blames the entire incident on Chon. In turn, Chon makes as point to rub it in Jake ¹s face. Jake says  ³...it was giving him pleasure to be able to talk with the understanding that I knew there was something between them ² (106). Jake has a great deal of trouble dealing with this. It has nothing to do with the fact that Chon is Jewish, Jake is merely jealous of him. It would not be manly for Jake to openly admit his jealousy, and blame the jealousy on his harsh feelings toward Chon. As a result Jake falls back on the fact that

Joint Stock Company

Joint Stock Company Company A company is an artificial person created by law, having a separate legal entity, with a perpetual succession and a common seal. It is an association of individuals for the purpose of earning profit. It has a capital divided into a number of shares, of which each member possesses one or more shares and which are transferable by its owners. Joint Stock Company has been defined by many eminent authors, jurists and institutions. Some of these definitions are given below – According to L. H.Haney – â€Å"A company is an artificial person created by law, having a separate legal entity, with a perpetual succession and a common seal. † According to Company Act 1994 – â€Å"Company means a company formed and registered under this Act or any existing company. † [Section 2(1. c)] According to Chief Justice Marshall – â€Å"A company is an artificial being invisible, intangible and existing only in the eyes of law. † T he system of joint stock organization is very useful for large undertakings for which large capital is required.It is an incorporated association created by law, having distinctive name, a common seal, perpetual succession, limited liability etc. formed to carry on business for profit. Characteristics of Joint Stock Company The most distinguishing characteristics of a joint stock company can be stated as follows – 1. Incorporated association : A company is an incorporated association. It comes into existence only after registration under the Companies Act. 2. Voluntary association : A company is an association of many persons on a voluntary basis. So, a company is formed by the choice and consent of the members. . Artificial legal person : A company has a legal personality and as such it is regarded by law as an artificial legal person. A company has the right to acquire and dispose of the property. 4. Separate legal entity : A company has a legal entity distinct from its mem bers. It has an independent existence. 5. Common seal : The common seal with the name of the company engraved on it, is used as a substitute for its signature. 6. Perpetual succession : The company has perpetual succession as its existence is not affected in any way by the death, insolvency or exit of any shareholders. . Transferability of shares : The shareholders can transfer their shares to any person of their choice. It enables a shareholder to increase or decrease his investment in a company at any time. 8. Limited liability : Liability of the members of a limited company is restricted to the face value of the shares purchased by them. The personal property of the members cannot be attached to satisfy the claims of creditors of a company. 9. Separation of ownership from management : The company is not managed by all the members because the number of members may be large.The authority to manage the whole affairs is conferred to elected representatives of members known as directo rs. 10. Statutory regulations and government control : The company is governed by the Company Act and it has to follow various provisions of the aforesaid Act. A company has to comply with numerous statutory requirements. 11. Rigidity of objects : The type of business in which the company would participate must be mentioned in the ‘object clause’ of its Memorandum of Association. 12.Strict legal formalities to commence business : In order to form a company, it is necessary to submit certain documents to the Registrar Companies such as memorandum of association, articles of association, prospectus, list of directors etc. 13. Social benefits : Company form of business enables better utilization of available resources and thus ensures that society have benefited. 14. Accountability to shareholders : All the affairs of the company are to be disclosed to the shareholders so that they may come to know about the prospects and other problems of the company as a whole. 5. Public confidence : The financial statements of a company are published every year. Thus public can have clear idea about the activities of the company so a company enjoys greater public confidence. 16. Scope for expansion : A company is better placed as regards the facilities of the growth, development and expansion of its business. Memorandum of association According to Company Act 1994 – â€Å"Memorandum means the memorandum of association of a company as originally formed or as altered in pursuance of this Act. â€Å"According to Lord Cairns – â€Å"The memorandum of association of a company is its charter and it defines the limitation of the power of the company. † So we can say that the memorandum governs the relationship of the company with the outside world and it is the foundation upon which the super-structure of the company is built. Clause of Memorandum of association 1. Name clause : The name of the proposed company is mentioned in this clause. The name of a company must end with the word ‘Limited’ the word ‘Public Ltd† and the word â€Å"Private Ltd†. All the time of selecting the name of the company the promoter should follow the following things – . The name should not be identical with the name of any existing company. b. The name should not create and impression that the company is carrying on the business of some other existing companies. c. The name should exclude words like crown, emperor, empire, president or prime minister’s name. 2. Address clause : The memorandum must contain the full address of the register office. 3. Object clause : This is the most important clause in the memorandum which states what the company can do. The object must include all the possible lines of business in which company is likely to be engaged.Usually this clause is so drafted that the company may enjoy wide fields for activities in future. 4. Liability clause : This clause states the nature of l iability of the members of the company. a. Incase of a company limited by shares, member’s liability is limited to face value of the shares. It means that when the shares are fully paid up, members are free from any liability. b. Incase of a company limited by guarantee, the liability clause must state the extent of liability of each individual member in the event of its being wound up. c. Incase of an unlimited company, the liability clause does not appear in the memorandum of association. . Capital clause : This clause states the amount of capital with which the company is registered or authorized to conduct business and the division of capital into equity share and preference share capital should be mentioned. 6. Association clause : This clause contains a declaration by the person(promoter) who signed the memorandum to form the company in a legal way for a legal purpose and to take minimum share of the company. Memorandum of association According to Company Act 1994 †“ â€Å"Memorandum means the memorandum of association of a company as originally formed or as altered in pursuance of this Act. â€Å"According to Lord Cairns – â€Å"The memorandum of association of a company is its charter and it defines the limitation of the power of the company. † Articles of association The Articles of Association is the second important document of Joint Stock Company. It contains the rules and regulations for the internal management, administration and organization of the company |Memorandum of association |factors of distinguish |Articles of association | |Memorandum is the fundamental charter of a |Nature |Articles are subsidiary to the charter. |company. | | | |Memorandum states the relationship between |Scope |Articles contain provisions for internal management of| |the companies an outsider. | |the company. | |Memorandum defines the objects of the |Objectives |Articles define the rules for carrying out the objects| |company. | |of the company. | |Memorandum can’t be altered easily.It |Alteration in the document |Articles can easily be altered without the | |requires court information. | |confirmation of the court. | |Registration of memorandum is compulsory |Registration |Registration of articles is not compulsory for a | |for any company. | |public company. | |Memorandum of association is based on the |Application of rules |Articles of association are based on the doctrine of | |doctrine of constructive notice. | |indoor management. |It has no optional. |Optional |Public company may optional for table A for the | | | |incorporation purposes. | |Memorandum of association is always |Misunderstandings. |Articles of association can be changed in | |unchanged in misunderstandings. | |misunderstandings. | |Any work out of its subject matter is |Illegal work |Any work can be done beside it but in the range of | |illegal. | |memorandum. |Memorandum definite the working area. |Working area |Articles are not any wo rking area. It orders process. | Dissolution means dissolve or close. Dissolution of company means to close or dissolve of any existing company. The process by which a company can be closed is called company’s dissolution or winding up of a company. Company is an artificial personality organized by an individual organization created by law. According to 1994 company act, â€Å"To dissolve or winding up of any existing company the activities of company’s is called dissolution of company. † A company is said to be dissolved when it ceases to exist as a corporate entity. † —C. B. Gupta â€Å"Winding up company is a process by which its life comes to end and the assets of company is utilize for the help of creditors and members. † —Prof. Gower In 1994 company act section 234(1) there mentions three methods of dissolution of company. These are: 1. Mandatory dissolution by court. 2. Dissolution by own will. . Dissolution by court’s su pervision. 1. Mandatory dissolution by court [Section 234-1(A)]: In circumstances the causes by which a company can be dissolved mandatorily by the law of court by the application of company’s shareholders, creditors or company’s registrar are: 1. Taking decision of dissolution in special meeting. 2. Failing to start a business in one year after the date of registration. 3. To close any company one or more year continuously without any legal reason. 4. Lacking of minimum members of a company according to law. 5. Failure to pay the loan five thousand or above. . Any reason of followings: a. Inefficiency in direction. b. Related with illegal job. c. Facing loss continuously. d. Neglecting of shareholders or their rights etc. Based on above causes court can take the decision of winding up and recruit a liquidator who firstly distributed the asset between third parties and rest of between shareholders. B. Dissolution by own will [Section 234-1 (B)]: Creditors or shareholde rs of any company can dissolve their business whenever they wish. In this circumstances, shareholders and creditors can winding up the business without taking any help of court.Causes by which a company can be dissolved by own will: 1. Taking decision of dissolution in special meeting by creditors or shareholders. 2. Formed any company for pre-determined purpose or objective. 3. If any company is not able to pay their liabilities. 4. Direction of company is proved not profited. C. Dissolution by court’s supervision [Section 234-1 (C)]: In the circumstances of company’s dissolution by own will by the application of any parties a company can be dissolved by court’s supervision. Causes of dissolution by court’s supervision: 1.To take decision for mistreating with creditors or shareholders. 2. Collection and selling of company’s asset illegally. If court takes responsibility of dissolution for any reason it recruits a liquidator to solve dissolution pr ocess. (Section 319) Share is a unit of capital. Capital is created by selling of shares or exchange. But, share can be different according to their price, rights, transferability, advantages etc. Mainly share is divided into four types. Such as: 1. General share. 2. Preference share. 3. Deffered share. 4. Special share. 1.Ordinary share: Ordinary shares are those shares on which no special privilege is attached. In other words, all the shares except preference shares are called ordinary shares. It also known as equity share. Ordinary shareholders collect their profit after distributing profit among the shareholders of the preference share. But, the rights, responsibility, duties etc. of the company are performed by them. â€Å"All the shares except preference are called equity share. † —J. K. Mitra Some characteristics of ordinary share are given below: . Ordinary shareholders get their profit after distributing to the preference shareholders. 2. In case of dissolutio n of company they have equal rights to get their assets. 3. They can take participation to direct the company. 4. They can take part in company’s meeting. 2. Preference share: Preference shares are those shares to which some preference is attached in terms of: (a) payment of dividend, (b) return of capital. (c) both. In the first case, the preference shareholders are entitled to receive a fixed rate of divided before the dividends given to equity shareholders.In the second case, preference shareholders are entitled to get back their capital in priority to equity shareholders in the event of liquidation of the company. Some characteristics of preference share are given below: 1. Rate of return is guaranteed. Thus, the amount of dividend to be received is certain. 2. Preference shares are better suited for conservative investors, who care more for security of investments and certainty of income. 3. The holders of this share get a fixed rate od dividend even if the company makes a larger amount of profit.Preference share can several types. Such as: 1. Cumulative preference share: Preference share are cumulative where the preference dividend, if not paid in one year is carried forward to succeeding years. 2. Non-cumulative preference share: The holders of these shares have no claim for the arrears of dividend. They are paid a dividend if there are sufficient profits. 3. Participating preference shares: These share holders are entitled to participate in the surplus profits of the company in addition to their usual fixed rate of dividend. 4.Non-participating preference shares: Preference shares on which only a fixed rate of dividend is paid, are known as non-participating preference shares. 5. Redeemable preference share: The holders of redeemable preference shares can get back their capital at the expiry of a certain period or at the option of the company as may be mentioned in the articles of association. 6. Irredeemable preference share: The preference sha res that can’t be redeemed unless the company is liquidated are known as irredeemable preference shares. 3. Deffered share: The owner of those shares get chance to take profit or to exchange capital after meeting.To bear the preliminary or other expenses company provide these shares in exchange of cash. 4. Special share: Some special shares are given below: 1. Bonus share: Company can’t provide all of its profit to shareholders. It deposits some part of profit at the reserve fund. When the amount of reserve fund is more than sufficient or in crisis of company; the amount of reserve fund is brought to company as capital as like as cash and shares are distributed to shareholders. According to J. K. Mitra,† Shares which are issued free of cost to the existing equity shareholders are known as bonus shares. 2. Right share: Sometimes Company increases their capital by distributing new shares. Old shareholders are get preferences at the time of distribution of new share s. In this case new shares are divided among them by their profit ratio. 3. Non-par value share: Non-par share refers those shares which are not fixed from the beginning but it determines based on asset after a specific year is called non par value share. In Bangladesh it is not popular. Minimum subscription means the minimum amount of capital which a company requires for the starting of the business.The minimum subscription should be received within 120 days after the date of the issue of the prospectus. A company can’t allot any shares unless the minimum subscription has been raised through the application for shares. If this minimum amount is not collected within the stipulated time period, the amount received from the applicants must be returned within the next 10 days (i. e. within 130 days after the issue of shares) â€Å"The minimum subscription is to be fined by the directors or by the persons who have signed the memorandum. —Sen. & Mitra â€Å"Minimum subscr iption is the minimum amount which is the opinion of the directors or of the signaturories of the memorandum arrived at after due enquiry. † —M. C. Shukla The amount of minimum subscription is fixed by the directors. Minimum subscription is necessary to cover the following expenses: 1. Preliminary expenses. 2. Underwriting commissions on sale of shares. 3. Working capital. . The cost of any property purchased or to be purchased. 5. Payment of any money borrowed for the above purpose. 6. Any other necessary expenditure. A prospectus is a document inviting the general public to subscribe to the share capital of a public company. A prospectus is issued by a public company after obtaining the â€Å"Certificate of Incorporation’ from the register. â€Å"Document containing offer of shares or debentures for sale to be deemed a prospectus. † –According to company act 1994 section 142 A document containing detailed information about the company and invit ation to the public subscribing to the share capital and debentures issued is called prospectus. † —S. S. Sarkar and Others From the view point of above discussion we can say that- 1. Prospectus is an invitation letter to public. 2. It must be served from company. 3. It is a complete description of shares and debentures. Finally it can say that to raise capital from public limited company issues prospectus.If the shares are divided between the partners then to start the business, partners should prepare an additional prospectus. To apply for commencement it is necessary to submit prospectus or additional prospectus. 3. Distinguish between Private limited Company V/S Public Limited Company. |Private limited company |Basis of differentiation |Public limited company | |Two |Minimum number of members |Seven | |Fifty Maximum number of members |Unlimited | |Restricted |Transferability of shares |Freely transferable | |Not allowed |Raising capital from public |Allowed | |Mini mum-Two |Number of directors |Minimum-Three | |Maximum-Unlimited | |Maximum-A specified by the articles | |After obtaining certificate of |Commencement of business |After obtaining certificate of | |incorporation | |commencement. |Not required |Holding of statutory meeting and submission of |Required to be submitted to the | | |statutory report |registrar of the companies. | |Not required |Filing of prospectus or a statement in the lieu of |Required | | |prospectus | | |Name must end with the words |Name of company |Name must end with the word ‘Limited. ’| |‘Private Limited. | | | |Two |Quorum at the annual general meeting |Five | |Need not retire by rotation. |Rotation of directors |Retire by rotation. | |Simple and cheap. |Procedure for formation |Complicated and relatively costly. | |No need to maintain |Index of members |Index to be maintained. | |Low protection |Protection to members |High protection. | |Possible. |Ability to make quick decisions |Not possibl e. | |Small |Financial and managerial resources |Large. | |Low Scope for expansion |High. | |Not allowed. |Disposal of shares |Allowed. | |Less liquid. |Liquidity of investment in shares |Greater liquidity. | 4. What is artificial personality? Joint Stock Company is an organization which is formed and directed by company act 1994. According to 1994 company act,† Any Company is formed and registered under this act is called company. † â€Å"A company is an artificial being invisible, intangible and existing only in contemplation of law† —John Marshal Company is an incorporated association which is an artificial person created by law having a common seal and perpetual succession,† —Sherlekar and Sherlekar Artificial personality of the company means the personality as like as person. These are: 1. Lawful: It is formed and registered by company act. 2. Common seal: It has a common seal which is used in all documents. 3. Lawful rights: Company act gives some right to it. 4. Transaction by own name: It can deal by its own name like other person. 5. Direction of case: A company can able to case on another company like person. 6. Fixed existence: A company is formed by law.So, it has fixed existence. From the above discussion we can say though company is not any person but it seems as a person because it is created by law. So Y. K. Bushan said,† A company may be defined as an artificial person recognized by law. † 5. Who is underwriter? The person or organization who takes responsibilities to sale the shares of public limited company by an agreement is known as underwriter. Underwriter takes responsibilities to sale the shares of public ltd. company by a certain commission. If the underwriter fails to sale the shares then he takes the liability for rest of the shares. Functions of underwriter are known as underwritten. The term underwriter means any person who has purchased from an issuer with a view to, or sells for an issuer in connection with. † —Securities act 1933 2(11) â€Å"A person who underwrites issue of stocks,bonds etc. † —Webster’s new World Dictionary â€Å"A person or company that underwrites an issue of securities. † —Charles J. Woelfel From the above definitions we found some characteristics of underwriter: 1. Underwriter may be any person or organization. 2. It can be performed underwritten activities as a part of business. 3. They purchase shares, bonds, debentures etc. for a certain commission. 4. They provide surety to sale shares, stock, debentures of company. 5. They take all responsibilities though the shares are not sold.Finally it can be said that underwriter is a businessmen who helps company to collect capital by selling shares, debentures etc. 6. Method of retirement of company directors. Director of the company means the members who are voted for directing the company. They are also determined company policies and man y other activities for business. Directors take their position by the vote of members, board of directors, company act as well as government. To remove the director for its place is also maintain some rules. Such are given below: 1. Special decision: In special meeting, by the decision of shareholders any directors can be removed from his post. 2. Statutory removal: In company act 108(1) is said,† The position of director can be removed if- 1.If the director failed to gain preference share in given time. 2. If the director is announced mentally sick. 3. If the director be 4. If he failed to pay the call money in between six months. 5. If the director was absent in meeting of board of directors without permission. 6. If the director make any agreement without the permission of board of directors. 7. If the director involved in any illegal work. 8. If the director involved in crime. 3. Removal by government: Director can be removed from his post by government and also by shareho lders and creditors with the help of government. 7. What is an article of association? Articles of AssociationThe Articles of Association is the second important document of Joint Stock Company. It contains the rules and regulations for the internal management, administration and organization of the company. They define the power, rights and duties of directors or other officers of the company and regulate the relations between the company and its members. The main purpose of articles of association is to execute the object clause of the memorandum. â€Å"Articles are the internal laws of a company. Article devise ways for the internal management of the company. † —Lord Brobene The articles of association are the regulations or bye-laws which govern the internal management and conduct of the affairs of the company. † —M. C. Shukla It must be framed within the items of the memorandum of association and provisions of the Company Act. A company limited by sh ares (Public Limited company) may adopt ‘Table A’ a model-Article as provided by Company Act as its articles. But a Private Limited company or a company limited by guaranty must have their own articles. 8. What is ‘Certificate of commencement’? A private company can commence business immediately after the grant of Certificate of Incorporation.A public company cannot commence business until it obtains a ‘Certificate of Commencement’ in addition to the ‘Incorporation Certificate’ from the register of companies. At first public limited company submit a application to registrar according to Company Act 1994 Section- 4. If all the responsibilities are performed by public limited company accurately then registrar gives a letter or certificate to public limited company. The matters which are included in certificate of commencement are described at below: 1. Name and address of registered office. 2. Issuing date of Certificate of commencem ent. 3. Date of Commencement. 4. Certificate no. 5. Office seal. 6. Name and profession of registrar with seal and signature. 7. Description of conditions. (If exists. )The ‘Certificate of commencement’ is issued in favour of a public company by the registrar, only when the following conditions are fulfilled: 5. Describe the advantages of public limited company than private limited company. Private limited company: A private company is an incorporated body registered under the Companies Act with three important respective provisions in the ‘Articles of association’. Public limited company: A public limited company is an association consisting of seven or any higher number of members, which is registered under the Companies Act. The advantages of public limited company over private limited company are described at below: 1. Liability: In public limited business the liability of each share holders are limited by their shares.But, in private limited company th e liability of shareholders is huge. 2. Sufficient capital: The shareholders of public limited company are more than private limited company. So, public limited company enjoys more capital than private limited company. 3. Membership: In public limited company there is no upper limit to the number of members. But, in private limited company it is limited. 3. Financial resources: Public limited company generally refers a huge organization. So, collection of financial resources is comparatively more than private limited company. 4. Economies of large scale production: Huge financial resources lead to a phenomenal growth in the size of the company.Economies may relate to greater division of labour, specialization, more effective use of resources, bulk purchase of raw materials at lower prices etc. Private limited company can’t get sufficient advantages as like as public limited company. 5. Large size: Private limited company is not a large size business. It generally established in one specific area. Public limited company is a large scale business. It has branches at all over. 6. Transerferibility of shares: The shares of private limited company are not easily transferable. But, the shares of public limited company are simply transferable. 7. Perpetual succession: Public limited company is formed by law.So, it the company is not being closed for the poor condition of shareholders. But, private limited company can be closed on its measurable condition. 8. Public confidence: Public limited company is directly related with public. So, they can acquire confidence of public. But, in private limited company this possibility is not exist. 9. Creation of employment: Pubic limited company is a huge company. So, the opportunity of creation of employment is more than private limited company. 10. Research: Public limited company always tries to distribute their products worldwide. So, they always research to develop their product more and more. In that case private li mited company is not so superior.Finally we can say that public limited company is more advanced than private limited company. But, private limited company has enjoyed some special advantages which can’t be enjoyed by public limited company. Merits or Advantages of a company form of organization The following are the merits of a joint stock company – 1. Accumulation of huge financial resources : The company form of business facilitates mobilization of large amounts of capital for investment in industries. 2. Economies of large-scale production : The company form of business can enjoy all the benefits of large-scale production such as minimum cost of production and maximum profit. 3.Scope for expansion : A company can easily expand its managerial capacities and financial resources. It has great potential for diversification and growth. 4. Stability of existence : The organization of a company as a separate legal entity gives it a character of continuity. As an incorpora ted body, a company enjoys perpetual existence. 5. Transferability of shares : The shares of a public company are freely transferable. The shareholders are at full liberty to dispose of their shares to any person they desire. 6. Democratic control : The company is managed on the principle of democracy. The boards of directors who manage the company are elected by the shareholders.The directors are responsible and accountable to the shareholders. 7. Managerial efficiency : A company can secure the services of highly qualified persons who are experts in different fields of business management. 8. Stimulation to savings and investments : The company is an effective media of mobilizing the scattered savings of the community and investing these savings for commercial purposes. Insurance companies, banks and other financial institutions invest their money in the shares of different joint stock company. 9. Tax relief : The company enjoys greater tax relief as compared to other forms of bus iness. Company pays lower tax on a higher income as it pays tax on the flat rates. 10.Diffused risk : The membership of a public company is large. The business risk is divided among several members of the company. 11. Statutory regulation and control : Formation and working of companies are well regulated by the provisions of the Company Act. These strict regulations safeguard the interests of shareholders and people who deal with the company. 12. Public confidence and popularity : A company is guided and controlled by strict regulations and government control. These ensure public confidence and popularity. 13. Social responsibilities : Due to the existence of the company form of business, society is benefited in different ways.So we can say that the joint stock company constitutes an important advancement in the modern emerging commercial structure with its different advantages. Demerits or disadvantages of Joint Stock Company The following are the disadvantages of a joint stock co mpany – 1. Adherence of too many legal formalities : The formation of a company requires adherence of too many legal formalities. The establishment and running of a company would prove to be troublesome because of complicated legal regulations. 2. Concentration of power in few hands : Shareholders of the company have practically no say in the affairs of the company. The directors of the company become self-centred and they do not care for shareholders. 3.Excessive Government control : A company has to observe too many provisions of different laws imposed by the government. 4. Undue speculation in shares of the company : Undue speculation in shares of a company is injurious to the interests of the shareholders. 5. Fraudulent management : The promoters and directors may indulge in fraudulent practices. The unscrupulous directors may present a rosy picture of the company in its annual report. 6. Bureaucratic control : Quick decisions and prompt action are absent in the managemen t of a company. It makes a company an inflexible enterprise. 7. High nepotism : In companies, employees are selected not on the basis of ability but on the basis of personal interest of the management. 8.Inflexibility in management : A company cannot quickly adjust with the changing conditions in the market because of its complex structure and legal obligations. 9. Monopolistic control and exploitation of consumers : Joint stock companies facilitate formation of business combinations which ultimately lead to monopolistic control and exploitation of consumers. 10. Social abuses : Evils of factory system like installation, pollution, congestion of cities are attributed to the company form of organization. Moreover, the close and cordial relationship between the management and employees is difficult to maintain. Formation of Joint Stock Company Joint Stock Company is formed under the Company Act followed by the country where the company is established.In Bangladesh a joint stock compan y whether a public or a private may be formed by registration under the Company Act 1994. The whole process of company formation in any country may be divided into three Distinct stages – a. Promotional stage : The process of conceiving an idea and developing it into a concrete of project to be accomplished by the incorporation and floatation of company is called promotion. The number of promoter in Public Limited company who take necessary steps are minimum two and maximum 50 in case of Private Limited company and minimum seven, maximum contains by share in Public Limited Company. These are four main stages in the promotional stage of a company – ) Identifying the idea : The promoters at first conceive an idea and identify the business opportunities. ii) Detail investigations : Detail investigations of – a. Market condition b. Demand for the products c. Estimated cost of production d. Estimated profit margin e. Capital requirement iii) Assembling: After a throu gh investigations of project the promoters decides whether they will take risk or not. iv) Selection of the name of the company and submission : In this step, the company prepare two documents – a. Article of association b. Memorandum of association b. Incorporation stage : When the promoters can finish the primary arrangements, they apply in prescribed from to the register of joint stock company.And along with the application, they submit with the register, the registration fee as per Table(B) of the Company Act and a copy of each of the following documents for the registration of the company. a. A copy of the memorandum of association b. A copy of the articles of association c. A statement of nominal capital d. The address of the registered office of the company (selected by the registrar) e. A declaration to the effect that all legal requirements have been duly complied with. Incase of Public Limited Company the following document is to be estimated – a. A list of d irectors b. A written contest of each director to act as such and to take up the qualifications shares.The registrar will examine all this documents and if he is satisfied that every thing is in order, he will then enter the name of the company on the register maintain his office and issue a certificate known as the Certificate of Incorporation which gives the company a legal existence. c. Floatation stage : When a company has been incorporated it has to raise capital sufficiently to commence business and to carry it on with satisfactory. The Private Limited Company may obtain this capital from friends and relatives. A Public Limited company raises the greater part of the capital from the general public by issuing a prospectus. d. Commencement: A Private company can start its business after obtaining a Certificate of Incorporation but a Public Limited company cannot. It must receive another certificate known as Certificate of Commencement.The registrar will issue this certificate on fulfillment of the following requirements – a. Minimum subscription has been raised. b. The direction has been taken up and paid for their qualification shares. c. The prospectus on the statement in lieu of prospectus has been filled. d. A declaration has been made to the effect that all legal requirements have been duly complied with. It is to be noted that, a Public Limited company is to start business within one year from the date of receiving the Certificate of Commencement. Memorandum of association According to Company Act 1994 – â€Å"Memorandum means the memorandum of association of a company as originally formed or as altered in pursuance of this Act. â€Å"According to Lord Cairns – â€Å"The memorandum of association of a company is its charter and it defines the limitation of the power of the company. † So we can say that the memorandum governs the relationship of the company with the outside world and it is the foundation upon which the su per-structure of the company is built. Clause of Memorandum of association 1. Name clause : The name of the proposed company is mentioned in this clause. The name of a company must end with the word ‘Limited’ the word ‘Public Ltd† and the word â€Å"Private Ltd†. All the time of selecting the name of the company the promoter should follow the following things – d. The name should not be identical with the name of any existing company. e.The name should not create and impression that the company is carrying on the business of some other existing companies. f. The name should exclude words like crown, emperor, empire, president or prime minister’s name. 2. Address clause : The memorandum must contain the full address of the register office. 3. Object clause : This is the most important clause in the memorandum which states what the company can do. The object must include all the possible lines of business in which company is likely to be e ngaged. Usually this clause is so drafted that the company may enjoy wide fields for activities in future. 4. Liability clause : This clause states the nature of liability of the members of the company. d.Incase of a company limited by shares, member’s liability is limited to face value of the shares. It means that when the shares are fully paid up, members are free from any liability. e. Incase of a company limited by guarantee, the liability clause must state the extent of liability of each individual member in the event of its being wound up. f. Incase of an unlimited company, the liability clause does not appear in the memorandum of association. 5. Capital clause : This clause states the amount of capital with which the company is registered or authorized to conduct business and the division of capital into equity share and preference share capital should be mentioned. 6.Association clause : This clause contains a declaration by the person(promoter) who signed the memoran dum to form the company in a legal way for a legal purpose and to take minimum share of the company. Articles of Association The Articles of Association is the second important document of Joint Stock Company. It contains the rules and regulations for the internal management, administration and organization of the company. They define the power, rights and duties of directors or other officers of the company and regulate the relations between the company and its members. The main purpose of articles of association is to execute the object clause of the memorandum. It must be framed within the items of the memorandum of association and provisions of the Company Act.A company limited by shares (Public Limited company) may adopt ‘Table A’ a model-Article as provided by Company Act as its articles. But a Private Limited company or a company limited by guaranty must have their own articles. Private Limited Company A private company is an incorporated body, registered under t he Company Act with three important restrictive provisions in its ‘Articles of Association’. A private company is one which – 1. Restricts the rights of its members to transfer their shares in the company. 2. Limits the number of its members to fifty. 3. Prohibits any invitation to the public to subscribe for any shares or debentures of the company.