Do College Athletes Deserve Pay - Free Essay Example

Sample details Pages: 4 Words: 1178 Downloads: 2 Date added: 2019/05/30 Category Career Essay Level High school Tags: Should College Athletes Be Paid Essay Did you like this example? People tend to believe that college sports are just activities that provide athletes with recognition leading up to a higher and greater sports organization like the NBA, NFL, and so on. Many people do not see college sports as a job and therefore the participants should not be paid salaries or wages of any kind for what they do. College sports has surpassed what many believed it would or could become. Don’t waste time! Our writers will create an original "Do College Athletes Deserve Pay" essay for you Create order College sports has gained media attention, fans all over the nation and even created job opportunities for many. College athletes need financial rewards for their hard work and dedication to provide motivation to perform on their best performances always, athletes also deserve to earn wages because their colleges benefit financially from their athletic performances. College athletes can be motivated to play at their best performances through financial benefits. For a massive, multimillion-dollar organization like the NCAA, financial benefits can easily be provided. This could in turn create more interest in participating in college sports among students and parents worldwide. With help through finances, athletes gain assurance of zero to nothing financial struggles during their stay in college. According to Junior Scholastic writer, College athletes are just like all other hardworking Americans they should receive a fair dayrs pay for a fair dayrs work (Zissou). Many athletes have decided to spend most of their time in an activity that has proven to be unproductive, so why deprive athletes of a fair dayrs toil? Many athletes need as little money as possible and working without pay can make an athlete lose interest, perform badly and finally quit which could be a wonderful talent lost due to the stingy attitude of the organization. How unlawful w ould it be to lend a penny to an athlete in need? How hardhearted can an organization be to see a talented worker taken out of college because of funds an organization can provide for easily? A college organization needs to motivate their athletes by showing concern for their welfare in college. A newspaper editor stated that, student athletes are often unable to work part time jobs, because in addition to training and playing games, they are fulltime students who must earn passing grades to stay in school. A small salary for student athletes would help them live comfortably (Birkenes). In modern day colleges, all students face a common issue of time management. They find it necessary to manage the free time they have for academics, sports, part time jobs, and their social lives. College sports knockout one of the activities, which is part time jobs, but the students still need a source of income. Athletes who spend most of their time on sports need to rely on their hard work to guarantee a comfortable stay in college. By providing steady salaries and wages to the students, there would be a high increase in athleters performance during games. In addition, college athletes deserve to profit from the multimillion dollars they have worked hard to generate for their college and sport organization. Athletes in college deserve a percentage of the money they have worked so hard to obtain. The college sports industry has grown quite large in a period of years it has become a multimillion-entertainment industry for varieties of sports. College sports provide athletes with recognition all around the country and a chance at employment into a much larger organization but college sport organizations have failed to provide athletes with enough motivational power to work harder. Senior editor Krikor Meshefejian commented, According to an article in the Harvard Journal on Legislation, ?[I]n the past twelve years, the amount of money generated by these two sports [college basketball and football] has increased nearly 300% such that they now fund almost all other sports programs. Yet college athletes of all these sports do not earn a dime from the profits. It is unfair and unlawful for an institution to obtain major profits and give nothing but a ?good job to its athletes. College sports or ganizations like the NCAA, has grown to become a massive entertainment industry and a workplace for its working athletes. As a worker, working tireless hours a day and after the days of toil and sweat, find out your basic right has been walked on? What form of motivation does a worker have to remain in the unjust workplace? Why does the NCAA refuse to lend a dime out to millions to protect the rights of its workers? The NCAA as a business or corporation, preserve the rights of its athletes and provide accurate and efficient wages to its mistreated workers. A writer commented, My argument is that colleges should free athletes from the artificial rules that imprison them so they can enter the marketplace and earn some of the rewards (Byers). Colleges should allow the growing men and women have a marketplace experience or feel to prepare them for decisions they are sure to face in the future. Salaries for athletes could also be a real life learning experience for the growing an underdeveloped upcoming youth and a welcoming into the society they live in. Salaries could also play a huge role in helping athletes realize the struggles in obtaining money in their society. Wages could also be a seed sown into the future bank accounts of the athletes after his or her time in college. In addition, a clearly noted fact about college sports is the inability of every athlete around the country to fulfill their dream of playing for a larger organization. College organizations should encourage their athletes to acquire other life skills in case they do not make it. Athletes need to be enlightened on the unfortunate but true realities of the tightness of their chances to compete in a larger organization. In fact, Less than 2 percent of them will end up playing sports professionally, so they need to learn other skills (Gupta). Very small amounts of these ?rising stars actually rise and this could be worse in a different situation. Most college athletes gained admission into colleges due to sport scholarships acquired in high school and therefore tend to lose interest or doubt ability to succeed in other fields other than the sports they play. Athletes need daily motivation to acquire other skills in their limited college stay in order to provide a good future for them if they fail selection. Given these few facts, an efficient salary can go a long way in the present and future success of a college athlete. Works Cited Zissou, Rebecca. Fair play: should college athletes get paid? Junior Scholastic/Current Events, 9 Dec 2013.Web 25 Nov 2018. Birkenes, Adele, and Akash Bagaria. Pay to play: should college athletes be paid? Current Events, a Weekly Reader publication, 6 Feb. 2012.Web 25 Nov 2018. Gupta, Vardaan, and Mia Bennett. Should college athletes be paid? Scholastic News/Weekly Reader Edition 5/6, 2 Mar. 2015.Web 25 Nov 2018. Meshefejian, Krikor. Pay to Play: Should College Athletes Be Paid? Should College Athletes Be Paid?, edited by Geoff Griffin, Greenhaven Press, 2008.Web 25 Nov 2018. Byers, Walter. Hey, NCAA, can you spare a dime? The Sporting News, 13 Nov. 1995.Web 25 Nov 2018.

Personal Note On My Life - 1050 Words

The alarm sounds and dreaming or not, it could take minutes, maybe even hours to figure out where I wandered too. This sound has been ignored so much that some may find how long it goes off to be wrong. How weary I am, hit me like a train the day before and the day before that. Inanimate as the pitch black ground outside that my shoes will once again meet not long after beginning to move my feet. Finally, eyes that were too heavy, I learn to lift, becoming awake, my companion talking and nudging is what brings me back to life. Lifting my sore body, I let my feet hit the floor, wishing the responsibility to go to work was fake and wanting my sleep deprived headache to go away, it isn’t. If life didn’t demand more then I wouldn’t get dressed, wouldn’t head out the door. Leaving, ignoring the mirror in the bathroom, to avoid seeing the bags that accompany my eyes. 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Dead Poets Society Essay Paper Example For Students

Dead Poets Society Essay Paper Dead Poets Society Hysterical TextOne person’s interpretation of a story is always different than another’s. Some of us may see things that are not being shown to us. Dead Poets Society, in author Tania Modleski’s eyes has taken on a manifestation larger than the author herself. This story is not what the author will have you believe, whereas the true story was hidden in the misconception of Modleski’s beliefs. The sexual content, homoerotic tensions, and antiauthoritarian behavior, seemed to come from the author’s wishful thinking as opposed to the reality of the film. In the film a homosexual theme could not be seen. When Mr. Keating came to the school to teach, he did not insist on being called oh captain my captain. That phrase was used only three times in the movie, once by Mr. Keating himself. Oh captain my captain was used by two separate young men as a show of admiration and respect for Mr. Keating. In contrast Modleski sees oh captain my captain as a â€Å"pious deference to male authority†(Modleski â€Å" Dead White Male Heterosexual Poets Society† 315) because the very authority the film pretends to be challenging. One character that just enrolled at the school and was somewhat of a loner, and misfit, and is expected to achieve great success as his brother did before him. He is an example of how some families push one child to be exactly like another i.e. his older brother. When he first comes in contact with Mr. Keating he could not speak openly in front of a crowd. This is evident when he decides not to write a poem that is to be read in front of the class the following day. When Mr. Keating calls upon him to read and he cannot, he uses the technique of spinning him around while spewing out poetic phrases. This seems to work because he belts out some poetry from within and Mr. Keating says to him â€Å"don’t you ever forget this†, knowing that the technique had worked. There is one character that committed suicide according to Modleski because his father would not let him play a fairy in a play. What this character was trying to show was that he had finally broken free of his father’s decisions on how, and what, he should do. He auditioned for a play and got the part all by himself, without his fathers approval. This was something that he wanted to do, and was good at it. When his father forbid him to pursue acting, even second to him being a doctor, this was all he could take. Him putting his fairy crown on the open window ledge, just before committing suicide, symbolized the freeing of the actor inside, like an offering to a higher being. The boys in Welton Boarding School share what all boys their age share while at school. There are no signs of homoerotic tensions present. There are signs of groups forming and friendships being made. When they decided to form the Dead Poets Society it was a normal male bonding experience. An all male boa rding school does not mean that they are all homosexuals who are crying out for recognition. The movie did not illustrate any homosexual tension between the boys at any time in the movie. When Mr. Keating told the boys to rip out he introduction of the book he was trying to illustrate that writing poetry was not like reading a recipe. Poetry was feeling what you are writing, and it was from the heart not the mind. You cannot just put words down on paper they have to as Mr. Keating put it â€Å"Drip off your tongue†. .u6d2098168cf9704d1018fba209e9b9f4 , .u6d2098168cf9704d1018fba209e9b9f4 .postImageUrl , .u6d2098168cf9704d1018fba209e9b9f4 .centered-text-area { min-height: 80px; position: relative; } .u6d2098168cf9704d1018fba209e9b9f4 , .u6d2098168cf9704d1018fba209e9b9f4:hover , .u6d2098168cf9704d1018fba209e9b9f4:visited , .u6d2098168cf9704d1018fba209e9b9f4:active { border:0!important; } .u6d2098168cf9704d1018fba209e9b9f4 .clearfix:after { content: ""; display: table; clear: both; } .u6d2098168cf9704d1018fba209e9b9f4 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u6d2098168cf9704d1018fba209e9b9f4:active , .u6d2098168cf9704d1018fba209e9b9f4:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u6d2098168cf9704d1018fba209e9b9f4 .centered-text-area { width: 100%; position: relative ; } .u6d2098168cf9704d1018fba209e9b9f4 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u6d2098168cf9704d1018fba209e9b9f4 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u6d2098168cf9704d1018fba209e9b9f4 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u6d2098168cf9704d1018fba209e9b9f4:hover .ctaButton { background-color: #34495E!important; } .u6d2098168cf9704d1018fba209e9b9f4 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u6d2098168cf9704d1018fba209e9b9f4 .u6d2098168cf9704d1018fba209e9b9f4-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u6d2098168cf9704d1018fba209e9b9f4:after { content: ""; display: block; clear: both; } READ: Is There Another Earth Out There? EssayStanding on the desk in a nonconforming way illustrated that when you’re up there you see things in a different way. Do not follow the same old way of doing things because it stifles creativity. Mr. Keating wanted these boys to break through of their fears, and achieve more than just what was expected of them. This boarding school was very strict and old fashioned, and Mr. Keating knew this, once being a student himself. His way of breaking out was to be in the Dead poets Society were he could make-up, and read poetry without conforming to the conservative attitude of the school. When he came to this school he knew that he was going to encourage freethinking. This is why there is no explanation for him leaving the school in England. Mr. Keating probably was dismissed from the school in England for his freethinking ways. He may travel from school to school spreading the Dead poets Society way of free expression. This is illustrated when a boy returns to his room, and finds Mr. Keating’s book of poetry lying on his desk. When Modleski critiqued this movie, with good intentions in mind, somehow she lost her way. There are two sides to every story and these boys and Mr. Keating’s has been told. The illustrations, and aforementioned reasons, show that Dead poets society is a hysterical text. We may never know the real meaning behind this movie, but we all have our interpretations of it. There are no hidden or reclusive meanings being portrayed here, just a boarding school that suppresses freedom of thought, and creativity. This is why Mr. Keating’s character comes through loud and clear. English Essays

James Hardie Industries Limited

The facts of the case There are a number of key players in this case. First, we have actuaries, Trowbridge Consulting. This was one of the major Australian actuarial organisation and with extensive experience consulting in cases of asbestos.Advertising We will write a custom case study sample on James Hardie Industries Limited specifically for you for only $16.05 $11/page Learn More Trowbridge had served James Hardie Industries Limited (JHIL) for a period of years when it estimated the future costs of asbestos related claims. Actuaries provide professional services to society. This implies that actuaries also have professional responsibilities to the public. However, actuaries still face challenges related to conflict of interest and independence and have serious challenges that should prompt a full debate (Gunz, McCutcheon and Reynolds, 2009). Actuaries’ main duty remains a service to the public. However, their employers are management. Still, th eir duties vary considerably based on a case-by-case basis (Gunz and Laan, 2011). In 1996, Trowbridge estimated that the cost of asbestos related claims would reach $ 250 million. However, following vague terms used in the report and that the company was only obfuscating and failure of JHIL to get listed in the US together with increasing numbers of claimants’ costs, the relationship between Trowbridge and JHIL became strained. Trowbridge report remained a draft and JHIL wanted to use it to convince future insurers. However, Trowbridge insisted that could only happen under an assurance of indemnity.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Second, JHIL case is significant for this report. The company shows how conflict of interest and pressure on professional groups can occur. It also shows how organisations can resort to obfuscating reports for strategic goals due to fin ancial difficulties. Further, it also shows how organisations can comprise vague and rarely actionable professional ethics and codes. JHIL case demonstrate how relying on actuaries that are prone to compromise can destroy the profession. We can also notice the aggressive tactics of the company, and its dependence on actuarial firm that wants to enhance its relationship financially and professional can challenge professional ethical standards. JHIL was the dominant firm in production of asbestos in Australia. JHIL emerged dominant in terms of exploiting asbestos mineral, useful commercial properties of the mineral, and realisation of asbestos serious and harmful health concerns. However, the company ignored such health problems till the removal of asbestos in the market. Most workers lodged claims for compensation due to asbestosis. However, JHIL remained adamant and denied any case of negligence. Third, the public is significant for this case. The company mined and processed asbesto s under questionable circumstances that ignored health and safety concerns of workers.Advertising We will write a custom case study sample on James Hardie Industries Limited specifically for you for only $16.05 $11/page Learn More In addition, JHIL used primitive equipment in poorly ventilated environment for its operation. As a result, several workers demanded compensation due to conditions of asbestosis. However, JIHL denied any negligence in its operation. JIHIL hired Trowbridge to provide future costs and estimate for compensation and for potential insurers, and listing in the US. However, the report did not meet the minimum threshold set by the US. According to them, the report was obfuscating, vague, and non-professional without clear representation of necessary details. This report was to serve the interest of the public i.e. asbestosis claimants. Actuaries protect interests of the public whereas auditors protect shareholders’ interests. T he duties of these two bodies can result into conflict of interests. Unlike auditors, actuaries’ duties vary considerably depending on cases. This implies that it is difficult to gauge possible consequences and conflict of interest, though actuaries rely on professional standards. In order to compensate the affected public, JIHL set up the Medical Research and Compensation Foundation (MRCF) to fulfil this role. However, the company ignored Trowbridge claimants’ estimates, and grossly underfunded MRCF with A$ 293 million instead of estimated $ 2.2 billion necessary. Fourth, JILH is in Australia under listed companies. JIHL has been in asbestos business in Australia ever since the discovery of the mineral and realisation of its commercial benefits.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The company has used substandard equipment and poorly ventilated structures that exposed workers to serious health problems. The company also eyed the US market for listing. This required actuarial report. However, the poor quality of the report failed JHIL for listing. Firth, the significant period of this report emerged in Australia when Johns-Manville Corporation invoked Chapter 11 Bankruptcy protection in the US in the year 1982. Such a legal protection lacked in Australia. Consequently, asbestos firms became liable and exposed to legal challenges in relation to asbestos claims during 1980s. This implied that workers could successfully sue companies for compensation based on damages. Sixth, the case of Trowbridge and JHIL is significant in understanding the weak professional codes, ethics and corporate tactics, and possible conflicts of interest related to professional and financial issues. The company had ignored workers’ claims. It had manipulated its actuarial firm, an d continued to use the revised report for insurers. However, Trowbridge insisted that such actions could only take place under an indemnity. These were major causes of conflicts of interest between JHIL and actuary (Minty). In order to settle such claims, the company established MRCF in 2011, a poorly funded body to oversee compensation of the victims. This implied that MRCF was technically bankrupt from inception due to underestimation of value of claims and its long-term liabilities. This was an act of lack of professional conduct and ethics between JHIL and Minty through gross negligence of the victims. Later, MRCF understood the action of the JHIL management and the board. JHIL argued that assessment of asbestos liabilities was adequate at all times. At the same time, the company dismissed MRCF as a different legal entity that it could not control and was not its responsibility. The case of poor funding became an issue in the public domain as it acquired a new dimension. Victims , activities, trade unions, politicians, and media joined hands and pushed the government of the State of New South Wales to form a Commission of Inquiry in 2002. The Jackson Inquiry had to investigate funding issues and knowledge of JHIL board and management on the same. We can notice the role of Minty in the process. The actuarial firm did not take full professional responsibilities for its report and assumed the use of the report. In fact, Minty acted under instructions from JHIL and prepared whatever the company needed. For instance, Minty prepared a report with missing data of several months to serve current purposes. However, Jackson Inquiry revealed the significant of missing data: â€Å"Trowbridge, with knowledge of the Current Data, would have increased its estimated 20 year NPV from $286 million to $373 million, and the total (50 year) NPV from $322 million to $437 million† (Gunz and Laan, 2011). These acts of flawed actuarial advice ruined professional career of Mi nty. How would you describe the ethical behaviour of management towards asbestos victims? JHIL had long known harmful effects of asbestos on its workers. However, the company ignored such health concerns. In addition, the company operated in a primitive manner with regard to its processing and manufacturing plants as there were no ventilation and protection for its workers (Gunz and Laan, 2011). Organisational focus on maximising profits is compelling that firms like JHIL have limited time to understand moral content in their behaviours and decision-making. This suggests that there is a breakdown of organisational conducts and morality, particularly where conflict of interests is a factor. Ethics should convey integrity and value of an organisational service to the public. This shows effective management of an organisation. There are organisations that may commit themselves to Code of Ethics in dealing with workers. Unfortunately, this is not the case in most organisations. Ethical behaviour defines what is morally acceptable in the public domain. The challenge is to identify what is right or wrong at the moment. However, the significant point is that the public expects organisations and management to behaviour according to the highest level of ethical standards. In the case of JHIL, the issue of unethical behaviour has eroded the company’s ethical responsibilities to its workers. This results into ethical crises that also affect other firms such Trowbridge and MCRF that deal with the company. At the same time, it also relates to the plight of victims of asbestos. JHIL is an example of a company that intentionally exposes its workforce to harmful effects of asbestos, adamantly refuses warnings, manipulates actuarial reports for insurers, and sets up a poorly funded organisation to compensate its victims. Some of these practices might be common in most organisations, but they serve to remind us of unethical behaviours and challenges that organisations do not know how to handle. Ethical behaviour seems to have no specific standards. This is because of different environments that organisations conduct their activities. For instance, before the issue of Johns-Manville Corporation of 1982 in the US, Australian workers could not pursue litigation against exposure to asbestos. In the case of JHIL, we can see that the management failed in handling ethical issues that arise as a result of its operation. Still, JHIL management failed to comprehend underlying issues that arise due to ethical practices. What should be the company’s responsibilities in this situation? Organisational culture should promote acceptable, ethical behaviours and eliminate cases of unethical behaviours. We must note that most organisations tend to avoid ethical behaviour due to costs implication. This was the case of JHIL when it manipulated the actuarial firm to provide undervalued reports and further set up a poorly funded MCRF. Consequently, the JHIL manage ment knew it could gain financial advantages from unethical behaviours. However, as the case of JHIL demonstrates unethical behaviours have short-term gains. In the long run, the company did not gain or operate because of its unethical behaviour. Minty, the actuary also ruined his career. The fact is organisations that do not meet expectations of society find it difficult to operate and thrive. Thus, organisations should find ethical behaviours acceptable among the public and promote such cultures. Most scholars have recommended strategies that can enhance ethical behaviours among management (Harrington, 1991; Alder and Bird, 1988). JHIL management should take responsibilities and compensate victims of asbestos exposure. This can only occur through encouraging acceptable, ethical behaviours. We can also notice that there was a lack of formal codes that existed in actuarial professionals. As a result, firms like JHIL can compromise such entities in their favour. JHIL should also enfo rce internal regulations that can guide management in order to act according to code of ethics and standards. Study by Stead, Worrell, and Stead noted that top management of an organisation plays significant role in influencing ethical behaviours of an organisation (Stead, Worrell and Stead, 1990). This is because employees tend to emulate actions of top management. JHIL management lacked the knowledge of ethical behaviour and how it can enhance ethical practices in an organisation. JHIL management ethical behaviour towards victims of asbestos shows a serious lapse of ethical codes and standards in the firm. It is also necessary to note that ethical behaviours lack significance in an organisation if people who make decisions do not practice or implement them. Thus, management support is necessary in reinforcing ethical codes in an organisation. Most employees hold managers in high esteem. As a result, behaviours of such managers have significant impacts on behaviours of their junior s. Managers should reinforce behaviours that they desire. This implies that behaviours of JHIL executives reflect their desired and reinforced behaviour towards asbestos victims. On the other hand, if JHIL management want to enhance and promote ethical behaviours, then its management must accept responsibilities that come with acceptable, ethical behaviours including financial responsibilities. JHIL ignored ethical behaviours in dealing with asbestos victims. Consequently, the company faced legal battles and subsequent commission of inquiry with possibilities of punishments. JHIL management ought to have understood principles of ethical behaviours, and key issues that could have enhanced development of ethical standards in dealing with the asbestos victims. We have noticed that JHIL exploited loopholes in systems regarding reinforcing codes of ethics and standards in Australia. However, management should demonstrate its commitment to best practices by implementing acceptable standar ds in its plants (Cooke, 1991). There is also the principle of organisational dissent. In this context, individuals within an organisation rise against unacceptable ethical behaviours, challenge the status quo and promote acceptable practices. Graham observed that organisations that have a strong commitment to ethical behaviours should embark on principled organisational dissent (Graham, 1986). Organisations that intend to promote ethical behaviours in handling their victims must develop policies and training programs that promote ethical activities within organisational operation and decision-making. Organisations that intend to demonstrate ethical practices must allocate adequate resources to promote ethical behaviours in terms of training, particularly in situations where conflicts of interest influence decision-making. Thus, an organisation should develop strategies of dealing with ethical behaviours and identify all possible facts and consequences of unethical behaviours. Confl ict(s) of interest relating to David Minty and/or Trowbridge (the firm of actuaries) and JHIL â€Å"To ensure the integrity and professional standing of Actuarial Advice, all Actuarial Advice must be impartial† (Institute of Actuaries of Australia, 2007). This is the provision of IAA regarding professional conduct of actuaries. However, Minty failed this standard. JHIL formulated methods of dealing with Minty i.e. the company compromised professional obligation of Minty. This was the case of powerful client dictating actions of a professional body. The report revealed aggressive management tactics and pressure from JHIL in dealing with the actuarial firm. Minty faced conflict of interests in terms of professionally serving the public against serving his powerful and domineering client. This was how pressure and compromise of professional independence occurred. Minty also failed to adhere to professional codes of conduct set by IAA. These were issues of financial, strategies, and obfuscation. In all, Minty failed to act in the best interest of the public, and wrongfully advising his client. How should Trowbridge have dealt with these conflicts? Studies have recommended several ways of handling conflicts of interests. As a result, there are various stages of dealing with conflicts that may compromise professional integrity of advisors. In the case of Minty, most problems occurred due to lack of clear understanding between the actuarial and his client about roles and expectations of both parties. Bloom and Rappaport suggest the importance of an engagement letter with clear contents and how to negotiate with clients (Rappaport and Bloom, 2007). The crucial step in handling conflict of interest involves raising the issue. Mint ought to have raised issues that bothered him with JHIL. This is a process of clearly expressing possible problems. At the same time, Mint must also pay attention to JHIL point of view. As we can see, Minty failed to raise crucial issu es about consequences of their unethical behaviours. Once a party raises an issue and takes a position, it must also identify underlying interests that may result into conflicts. The best method of discovering interests is through inquiries. In the case of Minty, it was professional obligations that conflicted with the demands of Minty. Minty chose to act unethical because of self-interest and ignored professional code of conducts for actuaries. We also have a case of Minty professional responsibility to act in the best interest of the public suffered drawbacks due to demands of JHIL. This unethical push originated from JHIL. JHIL used Minty to falsify reports that the company intended to present to the US for listing, and kept another report as draft for presentation to possible insurers and later to the board of MRCF. This was a case of conflicting loyalty to JHIL. In such cases, Minty should have engaged uncompromised ethical behaviour. Minty failed to understand his responsibili ty of advising and informing JHIL of possible consequences of their actions. As a professional body, Minty failed to act impartially so as to avoid the case of bias in serving the public (Institute and Faculty of Actuaries, 2012). Assessing possible consequences and seriousness of issues remain significant in mitigating conflict of interest. Minty did not account for the public in his decision. In addition, also failed to notice how their decisions would affect stakeholders involved in the process. In most cases, mitigation actions against conflicts of interests and unethical behaviours are difficult to define particularly where the code of conducts are weak or do not exist. In exercising any mitigation approach, Minty could have based his judgment regarding possible consequences of conflicts of interest. The failure to act in order to avert possible conflicts of interest may indicate that Minty regarded those issues as insignificant or indirect. Organisations should not assume that failure to act is enough in handling situations of conflicts of interest. This is because commissions of inquiries usually assess cases of unethical behaviours, and cases that involve professionals who act or make decisions unlawfully or let their professional conduct be compromised. In addition, assessment also reviews how professional reputation may suffer damages. The case of Minty and JHIL is difficult because of both parties had conflicts of interest. In the public view, Minty action of continued involvement in the flawed process where the client influenced his work considerably was wrong. He recognised conflicts of interests, but failed to consider any mitigation action. Professionals who act within professional codes of conduct normally withdraw from situations that lead to conflicts of interest. This is crucial in managing conflicts of interest at an individual level or as professional entity. Professional codes of conducts require that professional actuaries maintain the h ighest level of professional impartial and independence from any possible controls or manipulation from powerful clients. Thus, any professional actuary should act professionally with regard to matters that may subject their actions to scrutiny and call into questions their conducts. This implies that professionals like Minty should adhere to Code of Professional Conduct when providing their services to clients. This code has provisions on how actuaries can handle cases that may result into conflicts of interest. Such provisions account for all manner of conflicts of interest, such as real, potential, or imagined. Such provisions are objective in approaches to help professionals handles such temptations. Thus, professionals are free to raise issues regarding works that may put their conducts at risk. Minty did not meet standards of practicing as professional codes of conduct requires. This is crucial in ensuring the quality of actuary works. However, Minty did not have controls of h is work products. This is contrary to provisions of professional codes of conduct. In order to avoid possible cases that may compromise professional integrity, actuarial professional should take responsibility and ensure that his client does not use his services to mislead a third party. In the case of Minty, JHIL used the report to mislead potential insurers and MCRF. Minty also failed to acknowledge that his report would influence decisions of insurers and MRCF. As a professional, Minty should have recognised risks associated with â€Å"misquotation, misinterpretation, or other misuse of the Actuarial Communication† (Rappaport and Bloom, 2007). Consequently, Minty could have taken reasonable â€Å"steps to present the Actuarial Communication clearly and fairly and to include, as appropriate, limitations on the distribution and utilization of the Actuarial Communication† (Rappaport and Bloom, 2007). Would a code of conduct that was effectively enforced by the professi on make a difference to Minty/Trowbridge behaviour? Organisations have started embracing codes of ethic because various stakeholders want to engage firms that have high levels of ethical standards. Consequently, top management and boards have realised the value of embracing ethical behaviours in their corporate cultures. Studies have established that firms would like to comply with guidelines of regulatory authorities such as IAA and also eliminate exposure to criminal behaviours and liabilities (Paine et al, 2005). These are enough motivation for engaging in ethical behaviours and relying on codes of ethics. It is difficult to measure the impact of codes of ethics on â€Å"firms’ performance as scholars view it as measuring the immeasurable† (Tyler, 2005). However, there are indications that codes of conduct together with education enhance employees’ morale and job satisfaction and improve business relationships with partners (Myers, 2003). Most organisations b elieve that engaging in ethical behaviours have it rewards. However, they have also expressed roles of effective codes of conduct that reinforce ethical culture in an organisation. According to George Donnelly, there is a strong link between effective corporate code of ethics, compliance, and success in business practices (Donnelly, 2005). In the field of actuaries, researchers have not established impacts of enforcement of codes of conduct on professional performance. However, in noteworthy cases, effects of codes of conduct have improved business images and employees performance. For instance, Johnson and Johnson suffered a reputational crisis of Tylenol in 1980s. The company used credo to help built its reputation after the crisis. On the other hand, Lockheed Martin uses ethics programmes for changing its employees’ behaviour and attitude (LRN, 2006). Employees consider codes of conduct meaningful and inspiring. The use of codes of conduct is becoming the norm of corporate cultures. This is because employees rely on provisions of codes in order to understand expected behaviours. They also believe that codes of conduct promote integrity and ethics in the work environment (LRN, 2006). LRN survey results suggest how codes of conduct in various organisations have influence on employees’ behaviours and practices. The Ethics Resource Centre (ERC) data on national ethics study revealed that organisations that have enforceable codes of conduct have marked changes on employees’ behaviours and culture. Organisations that have codes of conduct have expressed top management commitment to ethical behaviours through communication and acts of ethical conduct. In addition, employees have also taken into account codes of conduct when making decisions and also rely on codes of conduct while dealing with external stakeholders. Culture of an organisation is the key factor that should drive effective codes of conduct in organisation. Employees need formal a nd enforceable ethics and compliance procedures in order to embrace and develop strong ethical cultures. It is necessary to highlight that how organisations enforce their codes of conduct have general impacts on how employees value such provisions. Consequently, most organisations have realised the importance of written codes of conduct together with training, and encouragement to consult when in doubt. In the case of Minty, there was a lack of enforceable codes of conduct. Thus, the Commission of Inquiry realised the difficult associated with the code enforcement. Codes of conduct cannot be useful to organisations if they cannot use them to enforce ethical behaviours and shape their future ethical culture (Financial Services Authority, 2002). As a result, most firms have found it necessary to engage constant training, education, and communication of relevance of codes of conduct to employees. These are methods such organisations use for engaging their employees. LRN has established that such codes work in organisations for promoting ethical behaviours. Organisations are different and so are their cultures and risks associated with unethical behaviours. We can only ascertain the relevance of a code of conduct and its success if it can show positive outcomes on its intended objectives. Gunz and Laan have demonstrated how actuaries’ roles differ from those of auditors. This implies that different codes of conduct apply to these groups. Still, we have also noticed that litigation and tort laws are strong in countries like the US than in Australia. Thus, we must look at the effectiveness of codes in their relevant contexts and environments. According to Gary Cramer, most organisations consider codes of conduct as necessary in promoting their images (Cramer, 1996). However, Cramer notes the importance of reminder as a tool in reinforcing a code of conduct in an organisation. In addition, he also highlights the importance of training across all levels of an o rganisation and implementing reward systems for employees that adhere to the code. There is a belief that codes of conduct can only be relevant when they are a part of performance reviews. In this regard, codes must have punishment for any deviation in order to enhance their usefulness. Cramer warns that a code of conduct alone cannot be panacea for unethical behaviours in an organisation. Thus, some organisations may not see the relevance of such codes regarding their ethics problems. The increasing numbers of Commission of Inquiries and law suits against organisations that neglect their workforce are indications of public pressure on organisations to eliminate unethical practices, and embrace enforceable codes of conducts that employees cannot ignore. Trowbridge failed to enforce actuaries’ professional code of conduct and acceptable business ethics so as to ensure progressive growth and a positive, professional image to the public. Successful organisations have realised th e value of reinforcing codes of conduct combined with disciplinary measures. In cases of disciplinary actions, organisations must ensure that they apply to all employees involved equally. This may include perpetrators, supervisors, and those who condone and withhold information. Therefore, we can notice that enforcing a code of conduct in a firm is a responsibility of all stakeholders. This aims at sustaining and promoting an acceptable corporate image. Thus, for fairness implementation, all stakeholders should work as a team in order to ensure that organisation services meet both clients and public expectations within the code. Reference List Alder, HJ and Bird, FB 1988, International Dimension of Executive Integrity: Who is Responsible for the World, Jossey-Bass, San Francisco. Cooke, R 1991, ‘Danger Signs of Unethical Behavior: How to Determine If Your Firm Is at Ethical Risk’, Journal of Business Ethics, vol. 10, pp. 249-253. Cramer, G 1996, ‘Reinforcing ethic s code is key to corporate implementation’, Public Information, vol. 25, no. 37, p. 1. Donnelly, G 2005, ‘Beyond the Code: Benchmarking Ethics, Compliance Programs’, Compliance Week, vol. 14, pp. 2-3. Financial Services Authority 2002, Future role of actuaries in the governance of life insurers, FSA, London. Graham, J 1986, ‘Principled Organizational Dissent: A Theoretical Essay’, Research in Organizational Behavior, vol. 8, pp. 1-8. Gunz, S and Laan, S 2011, ‘Actuaries, Conflicts of Interest and Professional Independence: The Case of James Hardie Industries Limited’, Journal of Business Ethics, vol. 98, pp. 583–596. Gunz, S, McCutcheon, J and Reynolds, F 2009, ‘Independence, Conflict of Interest and the Actuarial Profession’, Journal of Business Ethics, vol. 89, no. 1, pp. 77- 89. Harrington, S 1991, ‘What Corporate America is Teaching About Ethics’, Academy of Management Executive, vol. 5, no. 1, pp. 21 -30. Institute and Faculty of Actuaries 2012, Conflicts of interest and actuaries: A note for pension scheme trustees, IFA, Edinburgh. Institute of Actuaries of Australia 2007, Code of Professional Conduct, Institute of Actuaries of Australia, Sydney. LRN 2006, The impact of codes of conduct on corporate culture, LRN, Los Angeles. Myers, R 2003, ‘Ensuring Ethical Effectiveness’, Journal of Accountancy, vol. 2, pp. 3-5. Paine, L, Deshpande, R, Margolis, J, and Bettcher, K. 2005. ‘Up to Code: Does Your Company’s Conduct Meet World-Class Standards?’, Harvard Business Review, vol. 12, pp. 1-5. Rappaport, A and Bloom, L 2007, ‘Engagement Letters to Help Run Your Practice Well’, The Independent Consultant: Society of Actuaries, vol. 1, pp. 1-5. Stead, WE, Worrell, DL and Stead, JG 1990, ‘An Integrative Model for Understanding and Managing Ethical Behavior in Business Organizations’, Journal of Business Ethics, vol. 9, pp. 233-234. Tyler, K 2005, ‘Do the Right Thing: Ethics Education Programs Help Employees Deal with Ethical Dilemmas’, HR Magazine, vol.50, no. 2, pp. 1-3. This case study on James Hardie Industries Limited was written and submitted by user Cody D. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

On Friday, November 22nd, 1963 The 35th President Of The United States

On Friday, November 22nd, 1963 the 35th President of the United States of America, John Fitzgerald Kennedy was assassinated. This unfortunate tragedy has created more controversy than any other single event. Today, the people of the United States of America are asking the same questions that the people who witnessed this tragic event. Who did it? Why did they do it? Was there a cover up? In this essay I will try to show who had a motive to assassinate President John F. Kennedy. When President Kennedy took the oath of office on January 20th, 1961, I don't think he thought he would have to make any key decisions so early in his term. On April 17, 1961 the President's first international crises turned out to be a disastrous one. There were 1200 anti-Castro refugees that were trained by the Central Intelligence Agency (CIA) to invade Cuba at the Bay of Pigs. Once the invasion began at the Bay of Pigs, Kennedy decided to pull back the air support. Kennedy gave the order to reduce the three air strikes down to one air strike. Right before the only air strike at the Bay of Pigs, Kennedy decided to cut the number of planes involved in the air attack. The reason for the cut in the number of air strikes and planes was because the word of American participation got out. The 1200 anti-Castro refugees that were involved in the Bay of Pigs were either killed or held hostage. The hostages were later released after Kennedy was forced to pay ransom for Castro's 1113 prisoners. After this disaster was over Kennedy approved an anti-Castro Operation which was called Operation Mongoose. This operation was an attempt to assassinate Castro by using Mafia hit men and exploding cigars. Kennedy later called off Operation Mongoose.(library.thinkquest.org) In my opinion, Kennedy's reducing of planes and air strikes during the Bay of Pigs, turning his back on the CIA trained refugees, and the ending of Operation Mongoose is enough for me to believe that the CIA/Mafia would have a motive to assassinate President Kennedy. When you are trying to show who had a motive to assassinate President Kennedy you should ask yourself these questions. Who would gain the most by President Kennedy's death? Who had several strong motives to kill President Kennedy? Whose sole obsession in life was to become the U.S. President? And finally, What Vice-President had a short expected life span? The answer to all the above questions is Lyndon B. Johnson. When Rep. Bryce Harlow was asked to describe Lyndon B. Johnson he was quoted "Larger than life character. Had to hold stage center, needed to dominate and control. He couldn't stand not being the cynosure of all eyes. He had to be at the head of the table...And people had to do what he thought they should do."(Dyer.pg.433) Being the Vice President there was no way LBJ could do or be any of these. As long as Kennedy was President, LBJ would never hold stage center, and be head of the table. Knowing that LBJ was like this, Kennedy made LBJ Head of Committee in five different Committees. JFK sent LBJ on several foreign trips to help represent the U.S. in competition with communism. Johnson saw himself as a minor influence in a administration society to Conquer the "New Frontier".(Dyer.pg.435) LBJ later described his Vice Presidency as "filled with trips around the world, Chauffeurs, Men saluting, people clapping, Chairman ships of councils, but in the end it is nothing. I detested every minute of it."(Dyer.pg.435) This quote from the Vice President shows that LBJ didn't like doing what Kennedy thought he should do. If someone detested something so much, are they willing to do anything to get rid of it? If Kennedy wasn't assassinated and ended up finishing his first term in office, more than likely Kennedy would of ran again in 1964. Since the people of the United States and the Media loved Kennedy, I feel there is no way JFK would lose the Presidency. I also feel that LBJ sensed this too. Lyndon B. Johnson knew that he wasn't getting any younger, matter of fact, LBJ didn't think he would live a very long life. When LBJ was analyzing himself

Climate Change, Development and Disaster Risk Reduction

Climate Change, Development and Disaster Risk Reduction Introduction The climatic conditions of the earth have changed significantly over the centuries. This can be noticed from the geological evidence of changes in sea levels and ice ages. The patterns of human activity over the centuries also give good evidence of climate change.Advertising We will write a custom essay sample on Climate Change, Development and Disaster Risk Reduction specifically for you for only $16.05 $11/page Learn More It is unclear what caused the climate changes in the past, but scientists have listed possible causes like volcanic eruptions, the sun’s effects, and changes in ocean currents (Pelling 2011 p. 17). The evidence of climate change at present is mainly seen in the sharp increase in global temperatures over the past few decades. The Intergovernmental Panel on Climate Change Fourth Assessment Report arrived at the conclusion that climate change was happening at present. Atmospheric and oceanic temperatures have reached reco rd high levels that have never been witnessed in the last 500 years and most likely for over 1000 years (IPPC 2008 p. 34). The effects of climate change can be seen in many areas, with one of the most common pointers being the increased frequency of natural disasters. Industrialization and deforestation increase the levels greenhouse gases in the earth’s atmosphere, and this has consequently led to an increase in droughts, floods, hurricanes and other natural disasters. Current Approach to Climate Change A look at the statistics indicates that climate change is a major issue that requires a serious approach in order to mitigate its effects. For the period from 1995 to 2004, disasters caused 890,000 deaths and affected a total of 2.5 billion people, with losses estimated at US$ 570 billion (IPCC 2008 p. 46). The number of disasters recorded almost doubled for the period running from 1995 to 2005, and this is cause for major concern. Other plausible explanations for this increa se include population growth and the increase in the number of climatic disasters of a lower magnitude. However, the increased cases of droughts, storms, and very high rainfalls in different places are indicative of the culmination of the effects of climate change, and major disasters are yet to follow in the future (Schipper Pelling 2006, p. 117). Some positive statistics show that there are now fewer people dying as a result of disasters as compared to previous centuries. This is particularly so for widespread flooding and drought, which have in the past claimed hundreds of thousands of human lives.Advertising Looking for essay on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More This reduction can be attributed to improved systems for monitoring climatic patterns, providing early warning of impending disaster and general preparedness (Sietz Boschutz 2011 p. 82). The responses of governments and internationa l organizations through measures like evacuations and food aid have also helped save a lot of lives. However, this trend could be on the reverse since the past few decades have seen a rise in the baseline level of deaths, which can be attributed to a growing population with a majority of the poor living in disaster prone areas. It is the poor people that feel the full impact of disasters and other effects of climate change. Any progress that has been made towards poverty reduction over the years can be undone due to the damages caused by these disasters (Pachuari 2004 p. 137). Many people in the population expect their respective governments to shield them from the risks of disaster at all costs (Wilkinson 2012 p. 156). They do not seriously consider the risks that they may be putting themselves in from the choices they make, especially concerning where they settle and the socio-economic activities that they engage in. Experts have proposed an approach that decreases the chances of the population suffering impending disasters, regardless of whether they are related to climate change or not. This idea of disaster risk reduction or adaptation can be implemented in several ways. These include public awareness programs, early warning systems, and environmental protection. These efforts also require serious political commitment and administrative input from respective governments. Politics, Institutions and Climate Change Disaster risk reduction and climate change are closely related, yet they are usually discussed under different policy spheres at both national and international forums. In recent years, those concerned with disaster reduction have actively contributed to discussions on climate change, and have proposed concepts for adaptation.Advertising We will write a custom essay sample on Climate Change, Development and Disaster Risk Reduction specifically for you for only $16.05 $11/page Learn More There have been efforts to combine the efforts towards disaster reduction and climate change. There are several UN processes geared towards risk reduction. They include bodies like the United Nations Office of the High Representative for the Least Developed Countries, Landlocked Developing Countries and Small Island Developing States (UNOHRLLS) and the United Nations Economic and Social Council (ECOSOC). The Small Island Developing States have already recognized the need to reduce the risks of climate change, and have come up with the Mauritius Strategy on sustainable development. The World Trade Organization (WTO) is also helping poor countries that depend on agriculture how to reduce risk and adapt to climate change. Experts emphasize that the most of the efforts towards reducing climate change and disaster risks should be made at community and state levels. This calls for an integrated approach that unites the efforts of all the concerned sectors under a common framework. Some of these sectors include education, i nfrastructure, health, and environment. It has been noted that most of the disaster risk reduction efforts in many countries are handled by the armed forces or emergency management bodies that usually have few connections with other concerned ministries like environment, finance, or economic planning. Many countries are now looking at how to integrate these efforts for better coordination and collaboration between all the major stakeholders (Willis 2005 p. 175). The public needs to be actively engaged in disaster reduction efforts to complement the efforts by the government and international bodies. The private sector also has a lot of expertise when it comes to disaster management and risk reduction, and their in put should be sought to boost the efforts that are already in place. Climate change is now the leading cause of many disasters happening all over the world. As a result, the efforts at mitigating the effects of climate change are closely related to disaster risk reduction, and the two must be approached by combining efforts. Future projections for climate change Experts are now using computer-based models to try to predict future climate patterns. These models incorporate important factors that affect the atmosphere and the oceans, like the projected increase in greenhouse gases due to socio-economic activities. The results released by the IPCC based on the computer models paint a very grim picture.Advertising Looking for essay on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More Surface air temperatures for the globe are expected to increase by 1.1-6.4 degrees Celsius while seas levels are expected to rise by 18 to 59 cm by the year 2100 (IPCC 2008 p. 58). The acidity of the oceans will increase while the planet will experience heat waves and high precipitation events will become more common. The high precipitation will mainly be seen at higher altitudes while the subtropical areas will see less rainfall. The continuous rising of tropical sea surface temperatures will cause the tropical cyclones, like typhoons and hurricanes, to become more intense. This will be seen in the higher peak wind speeds and more accompanying precipitation (citation). Expected effects of climate change Melt water from the top of the mountains supply more than one sixth of the planet’s population with their water needs. These are people living mainly in the dry tropics and mid latitudes, and they are likely to experience a significant reduction in water supply by the middle of the century. There will be higher precipitation in some areas and this is most likely to result in more floods. The mid and high altitude areas may initially benefit from higher agricultural output due to the increased precipitation. However, in the lower altitude areas, crop production will be heavily affected due to the increases in temperature and frequency of droughts and floods. There will be more people facing hunger and this will cause displacement and migration of large populations. Those societies, settlements, and industries located at the coastal areas and river flood plains face the highest risks from the effects of climate change. Also under threat are those countries whose economies are heavily dependent on climate-sensitive resources. The extreme weather patterns have become a common occurrence and with increased intensity, and the economic and social costs of damages resulting from these events will increase. This is more so for places undergoing rapid urbanizatio n. The negative impact of climate change on health is a major concern. Heat waves, storms, droughts, floods, and fires are likely to cause more injuries and deaths. Other threats to health will come from malaria, diarrhea, and malnutrition. The projects aimed at improving public health especially in the poor countries will suffer a huge setback as a result of disasters (Mehta 2000 p. 89). Climate change is expected to affect all countries, but the nastiest effects will be experienced by people in poor countries and the poor segment in developed countries. The poor have a tendency to live in high-risk areas like flood plains, yet they do not have properly built houses. Their economic activities are also dependent on climate, like agriculture, and they have no capacity to cope with the effects of climate change (Madan 2010 p. 67). This means that the low incomes of the poor are likely to fall further, and the rates of illness and death will increase in many developing countries. Afric a already suffers from numerous problems like endemic poverty, armed conflicts, and other disasters yet it lacks the institutional capacity to deal with these situations. This makes the continent extremely vulnerable to the effects of climate change. Drought is set to continue being a major problem in Africa, and it has been shown that sub-Saharan Africa has become drier during the 20th century. Agricultural production and water supply are expected to reduce significantly, with some projections putting a reduction in agricultural yields by up to 50% by the year 2020 (Low 2005 p. 248). Asia has been keen on sustainable development but this is set to come under strain as climate change puts more pressure on natural resources that are already under threat from urbanization and industrialization. Dealing with Climate Change The world has slowly awaken to the fact that climate change is a major concern, and countries are now trying to discuss and negotiate ways of dealing with the proble m, mainly under the United Nations Framework Convention on Climate Change (UNFCCC). It has been widely accepted that greenhouse emissions arising from human activity are the main problem, and focus is now on how to reduce these emissions (Levine, Ludi Jones 2011, p. 46). There is a lot of contention on how to go about reducing greenhouse emissions, as it calls for radical changes that will affect the society in a major way. The use of fossil fuels, industries, urban development, and general land use all need to be changed drastically and this is likely to affect many people in a huge way hence the resistance. The efforts at reducing greenhouse emissions are referred to as â€Å"mitigation†. Some of the proposed mitigation actions include switching to renewable forms of energy, development of low-energy technologies and reducing reliance on energy-intensive products. It also involves environmental management and conservation efforts targeting forests and soils. The second pla n of action in response to climate change involves finding ways of managing its impacts. The amounts of greenhouse gases that have already accumulated in the atmosphere mean that the world cannot escape the impacts of climate change. This is reinforced by the continued emissions before the mitigation efforts take full effect. It is widely accepted that the impacts of climate change are coming or are already here, and some effort is being put towards lessening these impacts. These efforts towards coping with climate change are referred to as â€Å"adaptation†. Proposed adaptation efforts include early warning systems, better building designs, improved agricultural practices, and putting in place social safety nets for the poor. Adaptation and mitigation efforts should go hand in hand for complimentary effect (Jones et al. 2010 p. 79). Conclusion Geological and anthropological evidence indicate that the earth has experienced climate change before. It is difficult to point out t he real reasons behind climate change in the past. However, climate change is happening now, and much of it is due to human activity. Both atmospheric and oceanic temperatures have reached record highs that have not been experienced for hundreds of years. The effects of climate change are already being felt, especially due to the increased frequency of disasters all over the world. These changes have mostly affected poor people living in disaster prone areas (Baker 2012 p. 28). The most common effects are extreme weather conditions like heavy rainfall that results in widespread floods, and prolonged drought that causes famine and denies the poor a source of livelihood through agriculture. There have been efforts towards addressing climate change as the world continues to witness its devastating effects. However, there seems to be several hindering factors, mainly at local and national levels (Dasgupta Baschieri 2010 p. 56). Most countries lack the capacities and institutional frame works to deal with climate change, and there has also been slow reaction from governments yet they are expected to play a significant role in the whole process. Efforts at addressing climate change revolve around mitigation actions aimed at reducing greenhouse emissions, and adaptation actions meant to reduce the impacts of climate change. Mitigation requires some drastic measures that are bound to affect many people in a significant way, and this has caused a lot of debate. As for adaptation, it has come to be accepted that climate change is already causing problems, with more to come so people are trying to find ways of lessening the impact. References Baker, J L 2012, Climate change, disaster risk, and the urban poor: Cities building  resilience for a changing world, World Bank, Washington, D.C. Dasgupta, A Baschieri, A 2010, ‘Vulnerability to Climate Change in Rural Ghana: Mainstreaming Climate Change in Poverty-Reduction Strategies’, Journal of  International Development, vol. 954 no.748, pp. 803-820 Intergovernmental Panel on Climate Change 2008, Climate change 2007: impacts,  adaptation and vulnerability : Working Group II contribution to the Fourth Assessment  Report of the IPCC Intergovernmental Panel on Climate Change, IPCC Secretariat, Geneva. Jones, L., Jaspars, S., Pavanello, S., Ludi, E., Slater, R., Arnall, A., Grist, N and Mtisi, S 2010, Responding to a changing climate: Exploring how disaster risk reduction, social  protection and livelihoods approaches promote features of adaptive capacity, Overseas Development Institute, London. Levine, S., Ludi, E. and Jones, L 2011, Rethinking Support for Adaptive Capacity to  Climate Change The Role of Development Interventions, Overseas Development Institute, London Low, S 2005, Climate change and Africa, Cambridge Univ. Press, Cambridge [u.a.], Madan K 2010, Natural and anthropogenic disasters: vulnerability, preparedness and  Mitigation, Springer, Dordrecht Mehta, l 2000, â €˜Environmental Governance in an Uncertain World’, IDS Bulletin, vol. 32 no. 4, pp. 1-15 Pachauri, R 2004, ‘Climate Change and Its Implications for Development’, IDS Bulletin, vol. 35 no. 3, pp. 11-14. Pelling, M 2011, ‘Conclusion: adapting with climate change’, Adaptation to climate  change: from resilience to transformation, Routledge: New York, Schipper, L and Pelling, M 2006, ‘Disaster risk, climate change and international development: Scopes for, and challenges to, integration’, Disasters, vol. 30 no. 1, pp. 19-38. Sietz, D and Boschutz, M 2011, ‘Mainstreaming climate adaptation into development assistance: rationale, institutional barriers and opportunities in Mozambique,  Environmental Science Policy, vol. 14 no. 4, pp 493-502. Wilkinson, E 2012, Transforming disaster risk management: a political economy  approach, Overseas Development Institute, London. Willis, K 2005, Theories and Practices of Development, Routl edge, Abingdon.

Environmental Sustainability in the EU my country is Portugal Essay

Environmental Sustainability in the EU my country is Portugal - Essay Example This concept works to promote developments by maintaining the equilibrium of economy. Environmental issues have become a major concern for all nations for they evidently formulate specific policies for ensuring ecological safety. At this juncture, the promotion of renewable energy sources requires higher significance. This paper in particular, will evaluate Portugal’s potential for using renewable energy sources. Non-renewable energy use The sustainability of an economy highly depends on the availability and consumption rate of its energy resources. The development of profitable energy resources has a direct impact on market expansion and the quality of public services. The market price of no-renewable energy includes cost of exploration, refining, pollution measures, distribution and transportation expenses, and taxes and other related fees (Conserve energy future). In addition to the market price, non-renewable energy also includes some other costs called externality costs t hat arise due to factors such as property damage, environmental damage, war, and health care. Hence, it is evident that energy prices and externality costs would influence the rate of energy consumption. Renewable energy sources Obviously solar energy is an eco-friendly renewable energy that is available at free cost.

The Doctrine of Precedent can be considered both a Blessing and a Essay

The Doctrine of Precedent can be considered both a Blessing and a Curse - Essay Example At the beginning of the thirteenth century, the concept of common law began to emerge. An internal system of courts was set up, with each community sharing the same laws. Judges traveled to the communities and followed the same rules, therefore making the laws enforced throughout common to all. To provide consistency between the communities, if a judge was making a decision about a case, and there was a case of the same nature that had been decided by a judge before it, they would be resolved in the same way, with the same ruling. That meant that the first judge to make a ruling on a particular case had made a law that judges in following cases (which were of the same nature) were obliged to follow. This still applies within the Australian legal system today. Courts are bound (within prescribed limits) by prior decisions of superior courts within the same State or Federal hierarchy. This is collectively known as the 'Doctrine of Precedent'. Judicial law is a large part of the Doctrine of Precedent. It is named judicial law because it is a law made by judges, which is to be followed by judges in subsequent cases. Whether or not a case is binding, is determined by two things; whether the preceding decision comes from a judge that is in an equal or higher rank than the judge deciding the case (this given the Latin term stare decisis, which means 'stand by decided'), and whether the relevant legal principles of the preceding case are the same or similar to the case in question. When dealing with precedent, judges and lawyers have to be able to break previous judicial decisions into two parts; the relevant legal principles that are binding, and the rest that is not binding. The part that is binding is given the Latin term ratio decidendi, which means 'reason for deciding' and the part of a judges decision that is not binding is given the Latin term the obiter dicta, which means 'incidental things said' and only has an incidental bearing on the case. The Doctrine of Precedent gives judges the power both to reuse past decisions and rephrase past decisions. As a consequence of these powers, new laws can be made. An example of a judicial precedent is the case Donoghue v Stevenson (1932). (Tufal, 1996) In which a decomposing snail was found in the bottom of a ginger beer bottle. The House of Lords found that a manufacturer owes a duty of care to the consumer to provide products that are safe. This case set a huge precedent for common law that is still relevant today, and the context of the word 'product' has been used not only in food products but also in cases including motorcycles and underwear. There have always been, and still, are many critics who do not believe that judges should have the power to make laws. There are many convincing arguments both for and against the use of the Doctrine of Precedent in Australia.

Systems that Transformed How the Organization Operates Essay Example for Free

Systems that Transformed How the Organization Operates Essay Abstract This paper details how UPS was able to stay relevant in the shipping and distribution world by updating old practices with new and proven technology. By spending some of their profits on a newer and more efficient way of doing things, UPS was able to stay ahead of their competition while receiving great reviews and profits from their customers. Specifics of who was impacted, how they were impacted, and what results occurred have been discussed in this paper. Mainly the workers, the business leaders, and the consumers have been affected by this change. When we look back at certain advancements that companies have made, what seems to be the common factor? Technology. Anytime a company rolls out new technology it is not because they want to waste their hard earned profits on something that might make their business business more competitive or increase their profit margin. They spend the money on the new technology because they know they will be more competitive and make higher profits than had they not. In any type of industry we can see examples of this being true, from the automotive, to the postal, and even the medical industry, the use of new technology has mostly lead to benefits that make companies stand out from the rest. One of the companies that has profited the most from new technology or the advancement of technology is UPS. UPS is known in the world as one of the largest parcel and freight delivery companies. Their main competition comes from companies like FedEx, DHL, and USPS (United States Postal Service. The  big wigs as UPS came together because they noticed customer ratings and efficiency rates were down and steadily decreasing year after year. After examining certain sectors of their business, they realized where the mistake was being made. Customer ratings were declining because of packages that were shipped to the wrong address, delivered at the wrong house, or lost in the may lay at UPS’s packaging warehouses and distribution centers all over the world. The way the company decided to rectify this problem was by purchasing and utilizing automated package sorters. They called it package flow technology and basically what it involves is the automatic and rapid sorting of packages to guarantee efficient and accurate shipments. The tradition of relying on human sorters to memorize hundreds of streets and back roads in particular communities leads to a small share of parcels that either are loaded on the wrong truck or misplaced among other customers packages, said Dan McMackin, a UPS spokesman in Atlanta. While the company still relies on people to load customers packages, UPS is investing heavily in technology to make the labor-intensive work more efficient. (Bennett, 2005) This change from people to machine did not sit well with employees who became laid off or switched to a different department, but after seeing the company rebound it was recognized as being the right choice and solution to their problem. The problem UPS did not recognize sooner was humans make mistakes and unfortunately too many were made and the company was placed in the public spotlight which caused this solution to come about. While it is true that often time’s companies choose new technology or manual labor, the results heavi ly favor the new technology. Nobody wants people to be laid off or lose their jobs to a machine, but in this day and age companies have to spend the big dollars in order to remain relevant and successful in today’s economy. The cost for this technology for UPS was not cheap by any means, in fact the upgrade from manual labor to automated machines cost an estimated six hundred million dollars. (Bennett, 2005) Besides the expense for rolling out this new system to all its distribution warehouses, UPS has the potential to still come out on top of this deal. When they devoted themselves to this newer way of doing things the results were less training time for employees and the ability to shift employees into areas that were lacking personnel or that demanded more personnel. The savings though in the year after this upgrade might even be greater than the initial cost and  put the company further ahead. UPS expects to gain immensely from the new system. Between now and 2007, when the system is fully installed , the delivery company expects to save $500 million to $600 million through a combination of less miles driven, less fuel consumption and less delivery miscues (Bennett, 2005) The people who were greatly affected by this change in procedure were the UPS drivers. Instead of going through their trucks looking for packages, the packages are loaded into specific areas of the truck and that information is transferred to the handheld scan tools the drivers use. The drivers seem impressed with the new technology and somewhat relieved that they can do their job no without the added stress of locating mislabeled or lost packages buried in their trucks. The future for this technology is not well known because it has seemed to rectify and solve all the problems that existed before. After all machines can do one thing that humans cannot, and that is do what it is programmed and instructed to do. The fact that a company is willing to spend this kind of money to hone their craft should speak volumes. At the beginning people were pessimistic but as the numbers started turning around and customer ratings increase, the company knew they made a wise choice. This was a turni ng point for UPS and the only thing they became concerned about was why they did not make the switch earlier. References Bennett, D. (2005). Package-flow technology delivers results for UPS. Crains Cleveland Business, 26(29), 8. Retrieved from http://search.proquest.com/docview/198625167?accountid=458

Features of a CIF contract

Features of a CIF contract The central feature of a CIF contract is that it is a shipment contract. This fact explains virtually every contractual and legal feature of the contract. Even if the CIF contract was the only standard form of shipping contract, which it is not, it would be very difficult to agree with the above statement; the contractual and legal features of this contract are explained by its title rather than its industry application. The acronym C.I.F. stands for cost, insurance, freight and represents those features which are included in the cost-price of the goods to be purchased[1]. ‘Cost’ simply pertains to the actual cost of the goods being purchased, ‘insurance’ quite literally means that the goods will be protected by an insurance policy during their transit and ‘freight’ refers to the cost of shipping the goods by carrier to the final delivery point. The best way to explain and understand the contractual and legal features of the C.I.F. contract is by way of an example. Consider the following: A. Ltd. [based in Ireland] offers to sell to B. Ltd. [based in England] 10,000 Kilograms of King Edward potatoes [A-grade quality] for  £2000 C.I.F. Liverpool. B Ltd. accepts the offer in writing. A legally binding contract has thus been formed. Let us now examine every stage of the execution of this contract, with particular focus of the respective contractual duties of A. Ltd., the seller, and B. Ltd. the buyer. Clearly, the first duty of A. Ltd is to appropriate 10,000 Kilos of A-grade quality King Edward potatoes. It may be that A. Ltd. already has this quantity of potatoes stocked in one of its warehouses in Ireland. Alternatively, A. Ltd. may know of a carrier which is on its way to Liverpool carrying this quantity of potatoes on board, in which case, A. Ltd. might choose to purchase them from their current owner while they are afloat. Alternatively, A. Ltd. may have already dispatched a shipment of potatoes to Liverpool, in which case, it may simply choose to assign the appropriate quantity of potatoes to meet B. Ltd.’s order. In light of the fact that the contract stipulates both the quantity, namely 10,000 kilos, and the quality, namely A-grade quality King Edward variety potatoes, the seller is under a duty to ensure not only that the goods dispatched/purchased/assigned meet this description, but also that they will continue to meet this description on delivery; in the case of Mash Murrell Ltd. v. Joseph I. Emanuel Ltd. [1961][2] it was held that there is an implied term in all C.I.F. shipping contracts that, at the ‘time of shipment’, the goods are of a sufficient quality to survive normal transit. A. Ltd., having appropriated the 10,000 kilos of potatoes, must then arrange for these potatoes to be shipped to Liverpool, the destination stipulated in the contract, and it is A. Ltd.’s duty to pay for the cost of this shipment, i.e. the freight. In return for this shipment fee, the carrier must provide to A. Ltd. a valid[3] Bill of Lading. A Bill of Lading is a document which contains the terms of the contract of carriage, as well as a statement that the goods have actually been shipped[4]. Essentially this document serves at the title of ownership, i.e. whoever possesses this document is entitled to take possession of the goods. In the case of Hansson v. Hamel Horley [1922] A.C. 36, the House of Lords held that once the seller has transferred the Bill of Lading to the buyer, conferred on they buyer are two distinct rights; â€Å"(a) a right to receive the goods[5], and (b) a right against the shipowner, who carries the goods, should the goods be damaged or not delivered. †¦ Regarding the former right, it therefore follows that this document be freely transferable [Soproma SpA v Marine Animal By-Products Corp. [1966] 1 Lloyds Rep. 367]. Regarding the latter right, it therefore follows that the Bill of Lading, when pr ocured by the seller, in our example A. Ltd., must be an accurate reflection of the state of affairs at the time of shipment. This principle was confirmed by the Court of Appeal in the case of The Galatia [1980] 1 W.L.R. 495. In this case it was held that the Bill of Lading must include a factually accurate statement as to the quality and quantity of goods which have been shipped. Where any quality or quantity is listed as ‘unknown’ on the Bill of Lading, the Court has tended to infer a presumption that the presumed state of the goods is â€Å"not wildly at odds† with the quantity or quality in fact loaded[6]; be â€Å"not wildly at odds† with the quantity in fact loaded. Returning to our example: A. Ltd. has thus far appropriated the cargo of potatoes, has made/procured a contract of carriage, at his own cost, and has received a valid Bill of Lading from the carrier, as receipt of shipment. A. Ltd. must now, as part of his final contractual duties, secure an insurance policy, again at his own cost, to protect the potatoes from all ‘usual risks[7]’ which might occur during their transit from the point of shipment to delivery at the port of Liverpool[8]. It is also important that the type of insurance policy secured is fully transferable, i.e. assignable by endorsement under S. 50(3) of the Marine Insurance Act 1906[9]; after all, after the goods have been delivered to B. Ltd., this company may wish to transfer the goods to a third party, who may then need to rely on the insurance cover, should it later transpire that the potatoes were damaged during their voyage at sea. These documents having been obtained, A. Ltd.’s final contractual duty is to ensure that these documents are sent and delivered to B. Ltd. I good time, so that they will have them in their possession at the moment the carrier delivers the potatoes to Liverpool[10]. Having discussed the contractual duties of the seller under a C.I.F. contract, let us now turn to examine the contractual duties of the buyer, B. Ltd: The first thing to note is that the buyer does not buy the goods themselves, but rather buys the documents pertaining to the goods, namely the Bills of Lading and the Insurance policy. Thus the buyer, B. Ltd., is under a duty to accept these documents from A Ltd. and pay for them. This duty is not absolute; the buyer has a right to reject these documents if they indicate that the cargo has been shipped late (i.e. later than the shipping date stipulated by the contract). This was confirmed by the High Court in the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459. Likewise, the buyer has a right to reject improperly tendered documents: In the case of Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443, the High Court held that the buyer was within his right to reject the documents for they did not contain a valid insurance policy, but rather an insurance certificate. Interestingly, under this conception of the C.I.F. contract, the buyer has a duty to pay against the documents even if he has not yet had a chance to inspect the goods[11]. This principle was confirmed in the case of Biddell Bros v E Clemens Horst Co. [1911] 1 K.B. 214, and was reiterated in the case of Manbre Saccharine v. Corn Products [1919] 1 K.B. 198, in which it was held that the buyer must pay against the documents even where the goods are damaged upon arrival. Prima facie, this might seem somewhat unfair; after all, why should a buyer pay for goods which have arrived in a damaged condition. However, if one considers the mechanisms operating under the C.I.F. contract, in particular the seller’s duty to secure appropriate insurance documents, one can see that the interests of the buyer are still protected regardless of his duty to pay for the documents prior to inspection; if the goods are faulty, and the Bill of Lading states that the goods were shipped in good conditio n, then the insurance company will reimburse the purchaser for any[12] damage to the goods which was caused in transit. If the Bill of Lading indicated damage prior to shipment, then the Buyer can take out action against the seller to reclaim his monies. This does not mean that the buyer must necessarily accept the goods once hey have arrived however. Unless the terms of the contract stipulate that the buyer cannot reject the goods[13], they buyer is entitled to refuse to take possession of the goods if, at the moment of delivery[14], an inspection reveals that the goods are not of the quantity and/or quality which was contracted for, e.g. if only 5,000 Kilos of B-grade Desiree potatoes were in fact delivered by the chartered carrier to B. Ltd. The statutory remedy which is available in relation to this right is provided by s53(3) of the Sale of Goods Act 1979 (as amended), pertaining to an implied warranty over the quality of goods purchased. S53(3) of this Act states: â€Å"(3) I n the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty.† One final point regarding the duty of the buyer under a C.I.F. contract: it is the responsibility of the buyer to secure all the necessary import licences which are legally required for the product(s) in question. If any stage of the delivery is stalled as a result of the buyer’s failure to secure the necessary Custom permissions, then any resultant damage to the goods, e.g. from their having to stay on board the carrier for an extended period of time and thus perishing, will be deemed, at law, his fault. In conclusion, whilst we have not been able to examine every single contractual and legal feature of the C.I.F. shipping contract, the above provides a near comprehensive description of the workings of such a contract in the real world. The C.I.F. contract is a standard termed tool which has been designed and evolved to ensure that the interests of each party to a shipping contract are protected, and also that the practical difficulties which would otherwise be faced by importers and exporters are somewhat mitigated. In response to the statement offered at the top of this paper: I hope I have argued convincingly that this statement is absolutely incorrect. The fact that a C.I.F. contract is a shipping contract is merely a description of its specific industry application; this description does not explain any of the complex and multifarious contractual and legal features of such a commercial arrangement. Perhaps what the statement meant to express what the fact that most of the legal and contractual features of a shipping contract are explained by the fact that it is a C.I.F. contract; in that case, the statement would certainly be more correct, although event then, the complexities regarding the duties of rejection and the procurement of valid documents cannot be gleaned from this description alone. I would argue, in final conclusion, that one should not attempt to explain the workings of the C.I.F. contract in one sentence alone. Such an endeavour will only serve to omit certain vital informatio n and lead to a poor understanding of the contractual and legal features thereof. References/ Bibliography: Alastair C.L. Mullis. (1997). Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. John Adams ‘The Negligent Carrier: The Buyers Success’ The Modern Law Review, Vol. 45, No. 6 (Nov., 1982), pp. 690-693. Sassoon, David M., (2006). C.I.F. and F.O.B. contracts (London: Sweet Maxwell, 5th Ed. 2006) Footnotes [1] T. D. Bailey, Son Co. v. Ross T. Smyth Co., Ltd. (1940) 67 Ll. L. Rep. 147. [2] 1 W.L.R. 862 (QBD). [3] In the case of Arnhold Karberg Co v Blythe Green Jourdain Co [1916] 1 K.B. 495 the Court of Appeal confirmed, at 495, that under a C.I.F. contract, â€Å"the seller is obliged to tender documents representing contracts which are valid and effective at the time of tender.† [4] Diamond Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443. [5] On this point, Mullis (1997) p139 writes: â€Å"The c.i.f. contract is a type of sales contract where, although physical delivery is contemplated, the contract is performed by the delivery of documents† Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Alastair C.L. Mullis. Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. [6] As per Phillips J at 615: The Sirina [1988] 2 Lloyd’s Rep. 613. [7] Law Bonar, Ltd. v. British American Tobacco Company, Ltd. [1916] 2 K.B. 605. [8] In the case of Belgian Grain Produce Company, Ltd. v. Cox Co. (France), Ltd. (1919) 1 Ll. L. Rep. 546, it was held that the insurance policy must cover the goods for the continuous journey, i.e. from shipment to delivery. [9] The importance of assignability within the context of commercial C.I.F. contracts was discussed, at length, in Diamond Alkali Export Corp. v. Fl. Bourgeois [1921]. [10] After all, the Bill of Lading represents the title in the goods and so B. Ltd. will not be able to take possession of the potatoes without these documents to verify his ownership. [11] However the buyer does not, and indeed should not, accept the documents if they have been tendered incorrectly. A rule in regards to this point was most elegantly expressed by McCardie in his famous and oft quoted dicta from the case of Mandre Saccharine Co. Ltd. v Corn Products Co. Ltd [1919] 1 KB 198. He stated: â€Å"there may be cases in which the buyer must pay the full price for the delivery of the documents, though he can get nothing out of them, and though in any intelligible sense no property in the goods can ever pass to him – i.e., if the goods have been lost by a peril excepted by the bill of landing, and by peril not insured by the policy, the bill of landing and the policy yet being in the proper commercial form called for by the contract.† [12] This is strictly true; the insurance document will only cover the goods against all usual risks, and therefore, if the damage caused was due to an exception circumstance, there will be no form of financial redress for the buyer. If the exceptional circumstances were caused by the carrier, the buyer may sue this company in the tort of negligence or even in contract law [s2(1) Carriage of Goods by Sea Act, 1992 removes the normal rules of Privity to allow the ‘right to sue’ in such cases to be transferable]. [13] Shipton, Anderson Co. v. John Weston Co. (1922) 10 Ll. L. Rep. 762 [14] In the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459, the High Court held that this right arises the moment the goods are passed over the ships rail on delivery.