Exclusion Clauses Essay

Over the past few decades, with the development of contract law, more and more people has paid attention to the exclusion clauses contained in a document which is signed by the parties. Many contracting parties use this technique to avoid liability for breach of contract. In this essay, exclusion clauses can be defined as a clause included in a contract to either limit or exclude liability of a party in breach of the agreement. (also termed exemption clauses or exemption clauses. ) Consequently, it is argued that whether the party will be bound by the exemption clause which is signed by the parties or not. Therefore, this essay will analyze the exemption clause with signature based on several court cases and illustrate the effect of an unsigned exemption clause by using a short hypothetical scenario and a court case. Signed Exclusion clauses As a general rule, a person who signs a document which contains contractual terms is bound by the clause of the document. To be specific, if a party signs a contractual document incorporating an exemption clause, it will automatically form part of the contract. Therefore, Signature can ordinarily bind a person to the terms even if he has not read or understood the terms set out in the document. What has come to be known as the principle in L’Estrange v Graucob was expressed by Scrutton LJ as follows: ‘When a document containing contractual terms is signed, then, in the absence of fraud, or, I will add, misrepresentation, the party signing it is bound, and it is wholly immaterial whether he has read the document or not. ‘ According to the case of L’Estrange v Graucob [1934] 2 KB 394, the plaintiff bought an automatic cigarette machine from the defendants. She signed a contract called sales agreement which include several clauses, but did not read. When she discovered the machine was defective, she tried to sue Graucob for breach of contract, but the defendant was able to rely on the exclusion clause incorporated into the written contract. From this case, it can be seen that since the plaintiff has signed the sales agreement, the contract and the exclusion clauses has taken effect. In addition, the contents of the document were represented correctly and no fraud on the part of the defendants. Therefore, L’ Estrange is bound by the exclusion clauses. However, the rule in L’ Estrange v Graucob will not apply under some circumstances. Firstly, if the signed document could not reasonably be regarded in the circumstances as likely to contain contractual terms, the party will not be bound by the signature. In the case Le Mans Grand Prix Circuits Pty Ltd v Iliadis, the plaintiff was injured while driving a go-cart at the defendant’s racing track. P was invited there as a guest to help the promotion of D’s go-kart track and did not pay for the attendance at the track. The defendant wanted to avoid liability by relying on an agreement, signed by the plaintiff which includes an exclusion clause. The count made a decision that the defendant was unable to rely on the exclusion clause so as to avoid liability. Because the plaintiff attended defendant’s track was not in pursuance of a commercial dealing of relationship with the defendant. Thereby, the entry form was just a driver registration form, not a contract. In other word, the document which the plaintiff had signed was not contractual, although the agreement contained plaintiff’s signature, he was not bound it because the signed document could not reasonably be regarded in the circumstances as likely to contain contractual terms. Secondly, a person who misrepresents the clause and its effect is not allowed to rely on the exemption clause to escape liability. The case of Curtis v Chemical Cleaning and Dyeing Co clearly illustrate the legal position. In this case, Curtis took a wedding dress to the defendant’s shop to have it dry cleaned. The shop assistant asked her to sign a ‘receipt’, and the plaintiff was told by the shop assistant that the document was to exempt defendants from liability for damage to the beads and the sequins. The plaintiff signed the document, which in fact included a clause that the company is not liable for any damage howsoever arising. The dress was stained by the defendant who later tried to rely on the exclusion clause. The Court judged that the clause is not effective and the defendant cannot rely on it. Because in this case, the exclusion clause had been misrepresented as only beads and sequins would be affected. and the plaintiff thought she was only running the risk of damage to the sequins and the beads on the dress. Unsigned exclusion clauses In our daily life, the exemption clause also contained in some unsigned document, such as tickets, invoices, receipts, vouchers and so on. Upon most situations, these unsigned documents may not be binding in contract unless they are properly included into the contract. Although, Signature is the most common way to confirm the effectiveness of a contract, that no means if you don’t sign the form you could not be bound by it, in some particular cases it is. Firstly, a hypothetical scenario will be made to illustrate the effect of exclusion clause in an unsigned document. Alex had toothache seriously, he went to a pharmacy and bought a box of Panadol. Before he took the tablets he saw the introduction and even the container has written on that ‘must follow the doctor’s advice, if you don’t follow the advice, there is not liable for any harm of your body’ but he didn’t care about the warning and take three tablets. On the following day, Alex felt dizzy and nausea. After the diagnosis from doctor, it can be considered that these symptom due to the effect of medicine. Then, Alex sued the medicine company. Under this situation, the defendant can avoid liability by exemption clause even though Alex did not sign the document. As the common law said that exclusion clauses contained in unsigned documents are not valid unless a reasonable person would expect the document to contain contractual document and a reasonable notice is given. In this case, contractual terms can be expected to find from the introduction and container of the medicine. In addition, company also takes reasonable steps to bring these clauses to Alex’s notice. Thus, the plaintiff was already bound by the exemption clauses. Another court case for the unsigned exclusion clause is the case of Parker v South Eastern Railway Co, plaintiff left his bag at cloakroom in a railway station and he got a ticket. On the front of the ticket said ‘See back’, the other side include an exclusion clause which shows that company will only be responsible for the value of package within 10 pounds. When the bag could not be found, Parker sued the company for 2410 pounds. However the court judged that the plaintiff was bound by the exclusion clause on the ticket even though he did not sign it. Because the company has already gave the plaintiff sufficient notice of the existence of the clause and a reasonable person would expect to find these terms. According to the basic principle in contract law which said that the unsigned exemption clause will be bound if reasonable notice has been given. Conclusion To sum up, exclusion clause can be classified as signed document and unsigned document in this essay. When considerate the effectiveness of a clause, every aspects should be analyzed. Although the signature is an important factor to prove if the clause is valid, it does not mean that all the exclusion clauses included in a signed document can be bound with a signer. To the contrary, the exemption clause in an unsigned document can also be valid in some situation. Therefore, any party who wish rely on the exemption clause to avoid liability should incorporate the clause into a contract with sufficient notice and make sure the behaviors of the party is reasonable.

Show how Austin builds up suspense and tension in the Elton/Harriet/Emma relationship, leading up to the dramatic conclusion

The first volume of Jane Austens' Emma has a dramatic conclusion in which Mr Elton proposes to Emma. Emma's wild imagination is the source of all the confusion in the novel, as she attempts to match-make the local vicar, Mr Elton and her friend Harriet Smith, who is of a lower social class, with uncertain parentage, (living in a time when status and class were of the utmost importance). During the first volume of the novel the objective narrative stance contains much dramatic irony; the reader is allowed to observe Mr Elton's increasing attachment to Emma with growing pleasure whilst she remains completely oblivious of his infatuation and continues to misconstrue every sign of affection to herself as further indication of his affection to Harriet. The first time the reader hears about Emma's intentions to match-make Mr Elton is at the end of the first chapter- â€Å"Only one more, papa; only for Mr Elton. Poor Mr Elton!† Mr Knightley warns Emma that meddling in the affairs of others can bring nothing but trouble. Mr Knightley is realistic and practical and he often gives Emma good advice, which she is too single-minded to listen to, however he is nearly always right and therefore tension is built up for the reader as we know what mistakes Emma is going to make before she does. Harriet Smith is introduced to the reader and to Emma in chapter three as â€Å"the natural daughter of somebody.† Emma creates a new project for herself to fill her time now that Miss Taylor has married and takes it upon herself to befriend Harriet and make her a lady. It is evident that Harriet is Emma's object of desire for Mr Elton and the sweet, simple, stupid girl is slowly, manipulated by Emma. Of course it is only in Emma's wild imagination that this idea is possible because Harriet's doubtful birth immediately rules her out as a suitable match for the conceited Mr Elton. Emma begins to lay her plans after a chance meeting with Robert Martin. She is very critical of the young farmer, the brother of friends of Harriet and forces Harriet to compare him with â€Å"say†¦Mr Elton.† Emma only needs to make this one suggestion before Harriet convinces herself she is in love; this shows us the extent of Emma's power over Harriet. â€Å"Mr Elton was the very person fixed on by Emma to drive the young farmer out of Harriet's head.† There is a great deal of ambiguity in the novel which shows the reader how Emma interprets Mr Elton so wrongly and how Mr Elton could misunderstand Emma's friendliness towards him: â€Å"She was a beautiful creature when she came to you, but, in my opinion, the attractions you have added are infinitely superior to what she received from nature.† Mr Elton is praising Emma for improving Harriet; however Emma simply assumes that he is complimenting Harriet because this is what she wants him to do. There is much irony and suspense because the reader can see that Mr Elton's affection lies with Emma. Her naivety is one of the main factors which contribute to the mess she creates; she is so wrapped up in her implausible plans that she does not notice how her actions may be causing Mr Elton to form an attachment to her. â€Å"No husbands and wives in the case at present†¦Ã¢â‚¬  Elton repeats and Emma, so exceedingly ignorant to Mr Elton's hints of his affections to her, considers â€Å"whether she had not better leave them together at once†. Austen uses ambiguity to create suspense and anticipation. It is ironic because Emma prides herself on her judgement but she always gets it so wrong; she experiences momentary concern over the extent of the compliments Mr Elton pays her; â€Å"I come in for a pretty good share as second.† She declares, â€Å"But it is his gratitude on Harriet's account,† she reassures herself. Read also Intro to Public Relations Notes Tension is increased after Emma cunningly (but good- heartedly) manipulates Harriet into refusing Mr Robert Martin's proposal- the reader knows Mr Martin is a good suitor for Harriet but has to watch as Emma's snobbery compels her to influence the subservient Harriet. Mr Knightley visits Emma to tell her Mr Martin intends to propose to Harriet, unaware the event has already occurred; â€Å"†¦I have good reason to believe your little friend will soon hear of something to her advantage.† The reader experiences anticipation because we already know what has a happened. Mr Knightley is very angry at Emma's interference and guesses her plans for Harriet and Mr Elton and warns her against them, â€Å"Elton will not do.† Emma is made uneasy by her quarrel with Mr Knightley but once again ignores his good advice, which infuriates the reader. Austen makes us aware of Mr Knightley's astute judgement throughout the novel, this helps to build the mounting tension. The event of the charade is full of ambivalence and the situation is almost hilarious. Mr Elton provides a riddle of love for the two girls' book. It is clearly written as a statement of love for Emma, and as she is so delighted when she tells him that she wrote it in their book, he perceives it as a sign of encouragement. Ironically, however, Emma is quick to work out the meaning of the riddle, but still manages to misinterpret it as blind love for her friend. The riddle could be a metaphor for the situation between Emma, Harriet and Mr Elton: an obvious answer to a puzzle waiting to be revealed. In chapter ten there is an amusing episode in which Emma goes to ridiculous lengths to get Harriet and Elton together; â€Å"Mr Elton was speaking with animation, Harriet listening with a very pleased attention† at this point the reader can justify why Emma might misread this situation. However, we later find out that Mr Elton was actually talking about what he ate at a party, not about their budding romance. The readers are kept in suspense as Emma is warned about Mr Elton, this time from a different Knightley, her sisters husband, Mr John Knightley; â€Å"I think your manners to him encouraging† he says, Emma retorts, â€Å"Mr Elton in love with me! – What an idea!† Emma experiences some confusion when Harriet is too ill to attend a party, because Mr Elton is not concerned about Harriet, but is worried Emma may become infected if she visits her. â€Å"Well†¦this is most strange!† she says to herself. Emma manages to get Mr Elton talking about Harriet's illness, but is dismayed â€Å"when only half a minute afterwards he began to speak of other things† the tension increases because there are so many obvious signs that Mr Elton does not care in the slightest for Harriet. â€Å"Can it be possible for this man to be beginning to transfer his affections from Harriet to me?† Emma begins to think Mr Elton is transferring his love to herself from Harriet; this causes such great frustration to the reader because we know he has always loved her and never Harriet. Emma finally begins to realise the truth of the situation, albeit slowly in chapter fifteen, â€Å"It did appear – there was no concealing it – exactly like the pretence of being in love with her, instead of Harriet† When Mr Elton makes his proposal Emma and he are alone in a carriage together which would not have happened in the period the novel was written in but Austen justifies it because of the snow and the haste the party were in. Emma has already been finding Mr Elton irritating all evening but now that she has suspicions of his attachment to her she is not at all pleased at the idea of the â€Å"tà ¯Ã‚ ¿Ã‚ ½te-à ¯Ã‚ ¿Ã‚ ½-tà ¯Ã‚ ¿Ã‚ ½te drive.† The reader is kept in suspense as Emma prepares herself to talk about the weather, but the declaration of love is sudden, dramatic and short, â€Å"- her hand seized- her attention demanded, and Mr Elton actually making violent love to her.† However, even after this Emma still keeps us anticipating her much awaited comprehension, initially assuming he is drunk; â€Å"Mr Elton, the lover of Harriet, was professing himself her lover.† Mr Elton is oblivious to Emma's dismay, shock and anger and continues his declaration in earnest and it takes Emma a long time to convey her refusal. Mr Elton protests that he never thought of Miss Smith in any other way than her friend, and that all his attentions had been towards her, that he believed himself to have been encouraged by Emma. The conversation grows more heated as Mr Elton insists he could never consider marrying at the ‘level' of Harriet's social status. â€Å"I have no thoughts of matrimony at present† Emma bl untly refuses him and â€Å"He was too angry to say another word†, an outraged silence ensues until the carriage reaches the vicarage and he makes his escape. Austen uses many techniques to create tension and suspense in the lead up to the dramatic and powerful conclusion of the Emma/ Harriet/ Mr Elton situation, including a lot of ambiguity and ambivalence and much irony from the narrative voice. I think Mr Knightley is also a useful tool because he tries to warn her with the truth and we know he is correct and have confidence his opinion, but Emma is so stubborn and determined that she ignores him.

Financial Markets and Return Essay

Problem 1 (BKM, Q3 of Chapter 7) (10 points1) What must be the beta of a portfolio with E( rP ) = 20.0%, if the risk free rate is 5.0% and the expected return of the market is E( rM ) = 15.0%? Answer: We use E( rP ) = ÃŽ ² P *(E( rM ) – r f ) + r f . We then have: 0.20 = ÃŽ ² P *(0.15-0.05) + 0.05. Solving for the beta we get: ÃŽ ² P =1.5. Problem 2 (BKM, Q4 of Chapter 7) (20 points) The market price of a security is $40. Its expected rate of return is 13%. The risk-free rate is 7%, and the market risk premium is 8%. What will the market price of the security be if its beta doubles (and all other variables remain unchanged)? Assume that the stock is expected to pay a constant dividend in perpetuity. Hint: Use zero-growth Dividend Discount Model to calculate the intrinsic value, which is the market price. Answer: First, we need to calculate the original beta before it doubles from the CAPM. Note that: ÃŽ ² = (the security’s risk premium)/(the market’s risk premium) = 6/8 = 0.75. Second, when its beta doubles to 2*0.75 = 1.5, then its expected return becomes: 7% + 1.5*8% = 19%. (Alternatively, we can find the expected return after the beta doubles in the following way. If the beta of the security doubles, then so will its risk premium. The current risk premium for the stock is: (13% – 7%) = 6%, so the new risk premium would be 12%, and the new discount rate for the security would be: 12% + 7% = 19%.) Third, we find out the implied constant dividend payment from its current market price of $40. If the stock pays a constant dividend in perpetuity, then we know from the original data that the dividend (D) must satisfy the equation for a perpetuity: Price = Dividend/Discount rate 40 = D/0.13 ⇒ D = 40 * 0.13 = $5.20 Last, at the new discount rate of 19%, the stock would be worth: $5.20/0.19 = $27.37. The increase in stock risk has lowered the value of the stock by 31.58%. Problem 3 (BKM, Q16 of Chapter 7) (10 points) A share of stock is now selling for $100. It will pay a dividend of $9 per share at the end of the year. Its beta is 1.0. What do investors expect the stock to sell for at the end of the year if the market expected return is18% and the risk free rate for the year is 8%? Answer: Since the stock’s beta is equal to 1, its expected rate of return should be equal to that of D + P1 − P0 , therefore, we can solve for P1 as the market, that is, 18%. Note that: E(r) = P0 9 + P1 − 100 the following: 0.18 = ⇒ P1 = $109. 100 Problem 4 (15 points) Assume two stocks, A and B. One has that E( rA ) = 12% and E( rB ) = 15.%. The beta for stock A is 0.8 and the beta for B is 1.2. If the expected returns of both stocks lie in the SML line, what is the expected return of the market and what is the risk-free rate? What is the beta of a portfolio made of these two assets with equal weights? Answer: Since both stocks lie in the SML line, we can immediately find its slope or the risk premium of the market. Slope = (E(rM) – rF) = ( E(r2) – E(r1))/( ÃŽ ²2- ÃŽ ²1) = (0.15-0.12)/(1.2-0.8) = 0.03/0.4= 0.075. Putting these values in E(r2) = ÃŽ ²2*(E(rM) – rF) + rF one gets: 0.15 = 1.2*0.075 + rF or rF =0.06=6.0%. The Expected return of the market is then given by (E(rM) – 0.06) = 0.075 giving: E(rM) = 13.5%. If you create a portfolio with these two assets putting equals amounts of money in them (equally weighted), the beta will be ÃŽ ²P = w1*ÃŽ ²1+w2*ÃŽ ²2= 0.5*1.2+0.5*0.8 = 1.0. Problem 5 (15 points) You have an asset A with annual expected return, beta, and volatility given by: E( rA ) = 20%, ÃŽ ² A =1.2, ÏÆ' A =25%, respectively. If the annual risk-free rate is r f =2.5% and the expected annual return and volatility of the market are E( rM )=10%, ÏÆ' A =15%, what is the alpha of asset A? Answer: In order to find the alpha, ÃŽ ± A , of asset A we need to find out the difference between the expected return of the asset E( rA ) and the expected return implied by the CAPM which is r f + ÃŽ ² A (E(rM) – r f ). That is, express its expected return as: ÃŽ ± A = E( rA ) – r f + ÃŽ ² A (E( rM ) – r f )). Since we know the expected return of the market, the beta of the asset with respect to the market, and the risk-free rate, alpha is given by: ÃŽ ± A = E( rA ) – ÃŽ ² A (E( rM ) – r f ) – r f = 0.20 – 1.2(0.1 – 0.025) – 0.025 = 0.085 = 8.5%. 2 Problem 6 (BKM, Q23 of Chapter 7) (20 points) Consider the following data for a one-factor economy. All portfolios are well diversified. _______________________________________ Portfolio E(r) Beta ———————————————————-A 10% 1.0 F 4% 0 ———————————————————-Suppose another portfolio E is well diversified with a beta of 2/3 and expected return of 9%. Would an arbitrage opportunity exist? If so, what would the arbitrage strategy be? Answer: You can create a Portfolio G with beta equal to 1.0 (the same as the beta for Portfolio A) by taking a long position in Portfolio E and a short position in Portfolio F (that is, borrowing at the risk-free rate and investing the proceeds in Portfolio E). For the beta of G to equal 1.0, the pr oportion (w) of funds invested in E must be: 3/2 = 1.5 The expected return of G is then: E(rG) = [(−0.50) Ãâ€" 4%] + (1.5 Ãâ€" 9%) = 11.5% ÃŽ ²G = 1.5 Ãâ€" (2/3) = 1.0 Comparing Portfolio G to Portfolio A, G has the same beta and a higher expected return. This implies that an arbitrage opportunity exists. Now, consider Portfolio H, which is a short position in Portfolio A with the proceeds invested in Portfolio G: ÃŽ ²H = 1ÃŽ ²G + (−1)ÃŽ ²A = (1 Ãâ€" 1) + [(−1) Ãâ€" 1] = 0 E(rH) = (1 Ãâ€" rG) + [(−1) Ãâ€" rA] = (1 Ãâ€" 11.5%) + [(− 1) Ãâ€" 10%] = 1.5% The result is a zero investment portfolio (all proceeds from the short sale of Portfolio A are invested in Portfolio G) with zero risk (because ÃŽ ² = 0 and the portfolios are well diversified), and a positive return of 1.5%. Portfolio H is an arbitrage portfolio. Problem 7 (10 points) Compare the CAPM theory with the APT theory, explain the difference between these two theories? Answer: APT applies to well-diversified portfolios and not necessarily to individual stocks. It is possible for some individual stocks not to be on the SML. CAPM assumes rational behavior for all investors; APT only requires some rational investors: APT is more general in that its factor does not have to be the market portfolio. Both models give the expected return-beta relationship. 3

Information Technology Essay Example | Topics and Well Written Essays - 2250 words - 2

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The individual and the State Essay Example | Topics and Well Written Essays - 750 words

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The Violence Against Women Act (VAWA) Assignment

The Violence Against Women Act (VAWA) - Assignment Example VAWA has reauthorized funds for the prosecution processes. According to Doerner (2012), the creation of a national domestic violence hotline is also a provision of VAWA. Every victim of domestic violence has a right to use this hotline at any time. It has also allocated funds for different kinds of programs and initiatives which include shelter for the victims, education programs and programs to increase outreach to women living in rural areas (Doerner, 2012). In accordance to VAWA laws, it is a crime for a person convicted of domestic violence to transport, receive or possess firearms or ammunition. Government officials are exempt from this ban if the firearm is government issued (Nicoletti et al, 2010). The allocation of funds for initiatives and programs to support the victims of crime has tremendously improved their lives. The services offered such as healthcare and education has helped them restructure their lives and live comfortably. Reported cases of violence such as sexual assault and battery have reduced since the enactment of VAWA. This has a positive impact especially to girls and women who are the major victims (Biden, 2005). The federal civil right of action encourages women to make false allegations, and petition for child custody. This may lead to fathers being denied of the rights of being with their children. A woman seeking help from a center funded by VAWA is offered the option of leaving her husband, divorcing him and accusing him of being a criminal. VAWA makes all women victims of men (Schlafly, 2005). One of the controversial remedies has been the ban on possession of guns by anyone convicted of domestic violence. Firearms and domestic violence are a deadly combination. Abusers who have access to firearms pose a great threat not only to those they have abused but also to the larger society. Ineffective implementation of the laws by judges, as well as those in civil and criminal justice system, may bring a threat of injury or death to

Personal Ethics Development Statement Example | Topics and Well Written Essays - 1250 words

Ethics Development - Personal Statement Example For an individual to attain a good character which will enable them to live harmoniously with other members of the society, they need exhibit a moral and ethical character that is ideally embodied in being honest, trustworthy, responsible, fair and showing care for others as well as citizenry (Josephson Institute, 2009). Owing to my Christian upbringing in the Episcopal Church, my ethical system has been predominantly influenced by my faith in God and my belief that I should strive to do only what is sanctioned by Him. The ethical system can be defined as the underlying ethical principles, which a person uses to make decisions, I subscribe like most Christians to deontological ethics also known as duty based ethics or non-consequential ethics. I believe that an action is either right or wrong, and my perception of the differentiation is based on biblical teaching, thus regardless of possibly good consequences resulting from a wrong action, the action remains untenable in my opinion. From another theological perspective I would say that I fall into the Absolutist category in terms of ethics and moral responsibility; under this category, the underlying principal is that there is an absolute and objective standard of what is right and wrong, and this is based on biblical teachings. Whenever I am faced with a decision or action, I always pause to ask myself if a Christian should act in such a manner, I do not look first at the benefit that I may gain or the pain I may suffer as a result, but simply aspire to know if it is right and that is all the motivation I need to act or desist. I work as a hospice nurse in addition to being a member of the National Palliative Care and Oncology Nursing Association, my training and experience have on many occasions brought me face to face with the extreme human suffering more with certain death. Working as a nurse, I have found my ethics and beliefs instrumental in making me an efficient nurse since I believe that protection and preservation of human life come before all other things. I admired the compassion of Florence Nightgale who put aside her life purists to ensure that the sick and dying were cared for in a compassionate and caring manner. To a large extent my becoming a nurse was influenced by my admiration of her since I felt that it was both my Christian and moral duty to care for those who are in pain and alleviate their suffering. It may not be as financially rewarding as some other careers I may have opted for, but the fact that it is the right thing to do supersedes the opportunity cost. Others who influenced me included mother Teresa who was in many ways just Nightgale in her selflessness and willingness to risk being infected with disease by living and working with the poor and lepers in Calcutta. My Christian ethics for instance does not allow me to lie or be dishonest even though I may stand to gain and possibly get away with immoral actions, this has sometimes brought me in conflict with some of my friends who think am too timid and rigid. Sometimes in the past I went out with my friends for a party and although I was not drinking like everyone else seemed to be doing, I had a great time. On the way home, one of my friends was driving, I only realized after we were on the highway that he had clearly gone over his alcohol limit when I

The law of finding is characterised by many things but simplicity is Essay

The law of finding is characterised by many things but simplicity is not one of them - Essay Example providing some basic principles and guidelines for the determination of title to the finding of lost chattels.3 Even so, any clarification offered by Parker v British Airways Board has been blurred in light of the cases that followed it.4 Hoath goes on to suggest that the catalyst for the lack of clarity in and around the law of finding disputes is largely attributable to the lack of attention and recognition to this area of law. 5 At the end of the day the age-old maxim ‘finders-keepers’ is not all that straightforward. An obvious conflict arises between he maxim ‘finder-keepers’ and the concept that an owner or occupier of land retains all rights to property which is either in or attached to the land where the object is discovered. In an early case the maxim ‘finder-keepers’ was found to be subject to any claims by the rightful owner.6 In this case, Armory v. Delamirie (1722) 1 Str. 505 the land owner made no claim to an item of jewelry found by a chimney sweeps’ boy and the ensuing dispute arose between the boy and a jeweler.7 The modern rules of ‘finders-keepers’ is largely developed around the court’s findings in the case of Elwes v Brigg Gas Co. (1886) 33 Ch.D. 562. Chitty J made it abundantly clear that in finding disputes the critical question of property entitlement was dependant upon ownership and/or lawful possession of the property where the lost object was discovered. In this case a prehistoric boat which had been buried 6 feet deep in the earth on demised premises was discovered by lessee. Chitty J maintained that the owner of the demised property was entitled to possession of the object uncovered. Chitty J held: he was in possession of the ground, not merely of the surface, but of everything that lay beneath the surface down to the centre of the earth, and consequently in possession of the boat. . . . The plaintiff then, being thus in possession of the chattel, it follows that the property in the chattel was vested in him.

Dollar General Corporation Essay Example for Free

Dollar General Corporation Essay Abstract Dollar General Corporation is United States largest small-box discount retailer headquartered in Goodlettsville, Tennessee [1]. Dollar General offers both name brand products and generic merchandise [2]. Its competitors include Family Dollar, Dollar Tree which also operate in deep discount segment of US retailing. The following case study discusses about the various political, economic, social and technological forces that Dollar General have faced and their impact on the company. The report also talks about the critical success factors of Dollar General. The report is concluded by summary of key learning’s from the case study. PEST Analysis for Dollar General Political: In the year of 2006, Janet Calvert, a former store manager, filed a complaint that she was paid less than the male storage managers because of her gender, in violation of the Equal Pay Act and title VII of Civil Rights act of 1964. There were other plaintiffs which were added to this case. This case resulted in Dollar General reaching a settlement in principle, by which it would pay $15.5 million to the plaintiffs and their legal charges costing around $3.25 million. The company was expected to receive reimbursement of $15.9 million from its Employment Practices Liability Insurance if these payments were approved by the court. This case did impact Dollar General Approach towards pay setting policies and procedures for new store managers [3]. Economic: During the recession period from 2007-2009, the customers of Dollar stores suffered from unemployment and lower purchasing power. And even the people from higher income brackets started purchasing the dollar store products fo r seeking larger bargains. This led to the increase in the customer traffic and larger sales for Dollar stores. Dollar general  captivated upon this scenario and continually reviewed its merchandise mix, and adjusted it accordingly. It expanded its offerings of consumable goods to serve customers’ needs and increased its sales [3]. Dollar General captured trade-down shoppers who came from middle and higher level of incomes (who generally had not shopped at dollar stores for all these years, but came during the recession to find bargains). Over the time the company adjusted its pricing strategy for items by pricing it from $1 to no more than $10. And managers of this company also believed that the company’s ability to attract customers of varying economic status depends on offering both national and store brands [3]. This way Dollar General was able to satisfy the customers of varying economic status, which resulted in more sales and profit for the company. Social: Consumer psychology during the recession period was to get the products at a lower price and the store to be available at a convenient distance (not too far). During this time Dollar General varied its price from $1 to no more than $10 and offered consumable goods at a very reasonable price. And it has also opened new stores within the reach of 3 to 5 miles, so that every customer is able to get easy access to their neighbourhood store [3]. This resulted in satisfying customer’s need as well as increasing company’s sales. Technology: During the year 2008 when the cost of the fuel increased, the Dollar General’s distribution costs went up and the company’s gross profit was affected. In order to mitigate this problem, the company completed the installation of a voice pick system by the year 2010 in all the distribution centres, so that the employees in the distribution centres can communicate with warehouse software systems by speech recognition [3]. This was a good strategic move by the company as its use is expected to increase rapidly over the next few years with evolving technological advancements. The company also installed new analytical and monitoring tools to assist with inventory shrinkage reduction efforts [3], which was a major part of company’s effort to increase gross margin. CRITICAL SUCCESS FACTORS’s for Dollar General In this case for instance, good leadership and management was a CSF for Dollar General. As we can see that, there was major expansion of business activities and stores with the entry of David Perdue (the company’s new  general manager) in the year 2003. In addition, the company through his leadership also initiated Project Alpha, which was based on extensive analysis of performance of each store and the company’s inventory management model. Few of the structural changes that company undergone during this project include shutting down over 400 underperforming stores and writing off old inventory. These strategic alignments have been the major part of company’s CSF, as it was able to focus more on most viable stores and new inventories which have led the company into high effectiveness in their business activities [4]. Moreover, the company specialized in low, middle and fixed income families as their major customers. This has been used as the company’s CS F, as this group forms the largest proportion in the market. Even though the purchasing power of this category is low when compared to the higher segments in U.S. but their huge population is a contributory factor for success of the company [4]. Dollar General Social responsibility Rick Dreiling, Chairman and CEO of Dollar General, explained the company’s commitment towards literacy through the Dollar General Literacy Foundation program. The company actively engages customers in a way: â€Å"At each and every cash register of a Dollar General store, customers get to learn about the Dollar General Literacy Foundation program through brochures with a postage-paid reply card that can be mailed in for a referral to a local organization that offers exclusively free literacy services. Further, they also have the opportunity to donate money to this worthy cause. In 2012, Dollar General Customers donated more than $10 million to directly benefit the Dollar General Literacy Foundation’s efforts in helping people learn how to read, speak English or get their General Education Diploma (GED) [5].† Key learning’s from the case From this case one can clearly understand that Dollar General played its cards right. When there was recession, the company retained its regular customers and attracted new customers by adjusting sales mix in order to drive more customer traffic and larger purchases. It expanded its stores by taking the advantage of weak real estate market to lower its operating costs for future years. Careful management of merchandise categories had allowed  Dollar General to increase its same-store sales. Private label brands during recession helped increase the growth of the company. These all strategic moves which were made under efficient leadership and management transformed the company into a leader in the dollar store retail sector with sales of more than $13 billion by 2011 [3]. References [1] Dollar General, Retrieved October 11 2014, http://www2.dollargeneral.com/About-Us/pages/Index.aspx [2] Dollar General, Retrieved October 11 2014, http://en.wikipedia.org/wiki/Dollar_General [3] Parnell, John A. (2014). Strategic Management: Theory and Practice. 4th edition. SAGE Publications. [4] Dollar General Case Memo Marketing Essay, Retrieved October 11 2014, http://www.ukessays.com/essays/marketing/dollar-general-case-memo-marketing-essay.php [5] Amway, GM, and Dollar General among corporations making ‘Good’ A Goal, Retrieved October 10 2014, http://www.forbes.com/sites/devinthorpe/2013/08/29/amway-gm-and-dollar-general-among-corporations-making-good-a-goal/2/

The History Of Integration Strategies Marketing Essay

The History Of Integration Strategies Marketing Essay Toyota employees a diversified business since it has spread its business operations all around the globe. The corporation tends to work in developed countries like America and developing countries like Pakistan. Therefore Toyota can deploy a number of techniques which could enhance the synergy created by diversification. The technique suggested here is that Toyota should further integrate related diversification by manufacturing motor-bikes, Scooties, bi-cycles since these are fuel efficient and eco-friendly transportation means. They can also focus on niche markets like manufacturing metropolitan buses. Building on the topic above, determine how diversified the company you research could become before it created a negative impact on the companys bottom line. Explain your rationale.   According to researches it is found that related diversification is more profitable than unrelated diversification and that there exists a non-linear relationship between diversification and the value created since after an optimal point diversification tends to become value-destroying (Galvan, 2007). Looking at the perspective of Toyota if the company diversifies on the markets it penetrates along with the related product line diversification it will tend to thrive. For example Toyota right now is focusing on diverse automobiles like hybrid, electric, SUVs etc. However if Toyota tends to start manufacturing totally unrelated products like leather shoes, bags etc. it would be a disaster since the corporation does not have sufficient competitive knowledge and competencies for competing in this market. Galvan, A. (2007). Diversification: Value-Creating or Value-Destroying Strategy? Evidence from Using Panel Data. Retrieved from http://gredos.usal.es/jspui/bitstream/10366/17425/1/DAEE_04_07_Diversification.pdf Victory Motorcycles From the case study, evaluate the business-level strategy of Victory Motorcycles to determine whether you believe the strategy is appropriate to offset forces in the industry. Provide specific examples to support your response. The business level strategy which has made Victory Motorcycles so famous around the globe is its diversification strategy. The business is highly diversified with a wide variety of products manufactured like motorcycles, snowmobiles and watercrafts. This makes the organization a highly diversified one. Furthermore the company also targets a diverse market across the globe. Their target market ranges from America all the way to China, Russia, Brazil and Australia. They tend to target customers through a variety of innovative designs and high quality motorbikes. Make recommendations for improving this strategy as well as describing any challenges you foresee in executing those recommendations. Provide specific examples to support your response. Since there are several other automotive firms in the market who have the tendency, capacity and technology to manufacture even better and highly efficient motorbikes the company need to take potential competition in check. What the company needs to do is formulate strategic plans for new automotive design and improve the efficiency. Along with that the company needs to manufacture environment friendly motorbikes like electric cars so that this challenge can also be met. Integration Strategies Explicate how the first company you researched was either helped or harmed by the integration strategy it chose. There are several ways in which companies can integrate for example mergers, forward/ backward vertical integration and horizontal integration etc. The company we researched is Dell.com. Dell has integrated the concept of forward vertical integration in its business model by selling to the consumers directly through its web portal thus calling for a virtual forward integration. This strategy has helped Dell in a variety of ways like increased consumer satisfaction by providing them with customized product right at their doorsteps and an approach to study consumer patterns. Magretta, J. (1998). The power of virtual integration: an interview with Dell Computers Michael Dell.  Harvard Business Review. Retrieved from http://autodesarrollate.vitro.com/PORTAL/cdh/thunderbird/files/Power%20Virtual.pdf Recommend at least one way this strategy could have been improved. This strategy could be further improved by reducing the price of the products since due to forward integration the distribution and placement cost decreases thus the company should also benefit its consumers with the reduced prices. Justify how the first company you researched could benefit from the vertical integration strategies it has not implemented. Include at least one advantage and one disadvantage of each strategy. The company could further take advantage from backward vertical integration strategy in which Dell can focus on manufacturing its own operating system, application software and chips. In this way the company can target a broader market segment along with providing customization in the personal computer internal environment as well. However this strategy might increase the cost of manufacturing along with complexity since there might be bugs in the newly developed programs due to incompetent software developers and company might lose its customers.

Definition of Expatriate Failure

Definition of Expatriate Failure Understanding what expatriate failure is and minimising the risk of it occurring is important to multinational companies.  Ã‚  Discuss. Introduction Staffing in Multinational Company (MNC) is a challenging but crucial and strategic issue to international human resource management (IHRM) (Graigner Nankervis, 2001). According to Edstron and Galbraith (1977), MNCs may decide to use international staffing for three major reasons. First, the lack of suitable and qualified resources in the host country national (HNCs); second, a mean for management development and third, a way to establish control and coordination among the subsidiaries. A fourth reason, increasing knowledge transfer among the subsidiaries, was added later (Bonache et al. 2001 and Hocking et al. 2004). There are four major categories or practices for MNCs staffing: ethnocentric, polycentric, geocentric and regioncentric (Perlmutter, 1969 and Heenan Perlmutter, 1979 as cited in Dowling et al., 2008, p.80). In general, a multinational company can select several different approaches to international staffing. It may recruit from the local country (HCN), or from the pare nt country (PCN) or from a foreign subsidiary (TCN) (Dowling et al 2008, p.80). The IHRM literature has an extensive amount of research that has studied the field of international staffing and expatriates, their effectiveness (Dowling Wetch 2004 as cited in Nanda Kumar 2012, p.58), associated costs (Dowling et, al. 2008, p.81) and return on investment, compensations, performance, expatriates adaptation in the local countries, challenges and issues and failure. Effectiveness of expatriate assignments International assignments are very costly as they are estimated at millions of dollars annually (Collings, Scullion, Dowling 2009). Consequently, the effectiveness, utility and viability of expatriates assignments and international staffing have been questioned (Dowling et, al. 2008). Collings and his colleagues (2007) have addressed this issue by identifying five aspects: supply side issues, demand side issues, expatriate performance and expatriate failure, performance evaluation, cost and career dynamics. Recently, Return on Investments (ROIs) à ¢Ã¢â€š ¬Ã¢â‚¬Å"both individual and corporate, instead of costs, have been used to evaluate their effectiveness (McNulty Tharenou 2005; McNulty, De Cieri Hutchings 2013). Expatriate Failure Definition In its simplest term, expatriate failure could be defined as premature return. However, Harzing (1995, p.2) argues that this definition might be very inadequate way to measure expatriate failure, as the ones who stay but failed to achieve expected performances are more damaging to the organisation. According to Lee (2007), it should also include the expatriates that failed to adapt, to learn new things or to meet expected performance standards. Bruning and McCaughey (2005) argue that it amounts to an expatriates premature return from the international assignment or under-performance whilst conducting the assignment. Harzing and Christensen (2004, p.7) defines expatriate failure as the inability of [an] expatriate to perform according to the expectations of the organisation. This definition include both under-performance during the international assignment including premature return and the inappropriate repatriation à ¢Ã¢â€š ¬Ã¢â‚¬Å"permanent departure or dysfunction after return (i bid, p.7). As the objective is to successfully complete the international assignment, a broad definition of expatriate failure should be considered. Failure Rates In the recent years, many studies have reported high rates of expatriate failures. For example, around 10 to 20% of the US expatriates returned prematurely while 33% of the ones who stayed had poor performance standards (Black and Gregersen 1997). A survey of global trends in international assignments, by GMAC Global Relocation Services, National Foreign Trade Council (NFTC) and SHRM Global Forum (GMAC, NFTC SHRM) in 2004 shows that 7% of expatriates prematurely returned. However, as the cost of expatriates is relatively high (PriceWaterhouseCoopers 2006, as cited in Dowling et al 2008, p.81, others), a key issue in international staffing literature is expatriate failure and its cost. However, Harzing (1995, p.2), in The persistent myth of high expatriate failure rates argues that there is almost no empirical foundation for the existence of high failure rates when measured as premature reentry. Reasons for Expatriate Failure Many researches have addressed the issues of expatriate failure and attempted to identify identified the reasons that cause it. Some of these reasons are: the lack of cross-cultural adjustment by expatriates, their spouse or family and some dissatisfaction with the international assignments leading to poor performance. Around 10 to 20% of the US expatriates returned prematurely due to these reasons, while 33% of the ones who stayed had poor performance (Black and Gregersen 1997). Other reasons are due to poor selection, increased responsibilities and stresses and adjustment within the social context. Cross-Cultural adjustment When expatriates start international assignments in the host country, they and their families have to adjust to a new culture. They normally experience what is called a culture shock cycle as visualised in Figure 1 (Adler 2008). At the beginning, expatriates are very positive and excited about their assignments aboard, and about discovering new culture. But, after a period of few months, they enter the next phase until they reach the lowest point in the curve, known as culture shock. However, as the expatriates start to adapt to the new culture and feel more settled, the curve will go up again. Difficulties with Cross-Cultural adjustments are some of the major reasons for premature return of expatriates or their families (Black and Gregersen 1997). A recent study (Abdul Malek Budhwar 2013) found a positive direct influence of the expatriates cultural intelligence with their work interaction and adjustments. Emotional intelligence was found by Gabel, Dolan Cerdin (2005) as having a significant correlation with specific performance and can be used predictor of cultural adjustment for success in international assignment. Figure 1. Culture shock cycle Poor Expatriate Selection Improper selection of the expatriates is another reason for expatriate failure. Despite their importance, technical and managerial skills are not for the only skills required for effective international staffing. More attention must be paid to interpersonal skills that help in cross-cultural adjustment (Lee 2007). Another important factor that should be taken into consideration is the employees motivation and feelings towards the assignment. With high motivation, they will consider the assignment aboard as an opportunity rather than a restraint in their career development (ibid). It is also important to consider the attitude of the spouse and children as well as their willingness towards moving and living aboard. For example, spouse resistance and family adjustment were among the highest critical challenges for expatriates (GMAC, NFTC SHRM 2004). Also, 47% of assignment refusals were due to family concerns (GMAC, NFTC SHRM 2004). Increased Responsibilities and Stresses Moving to another country and leaving family, parents, friends and comfortable environments behind causes stress. The amount of stress will increase with the cross-cultural adjustment as the expatriates would face ambiguous situations at work and outside work. Additionally, the new assignment may require higher level of commitment and responsibility leading to more stress. Balancing between work responsibilities à ¢Ã¢â€š ¬Ã¢â‚¬Å"locally and with headquarters à ¢Ã¢â€š ¬Ã¢â‚¬Å" on the one and family expectations on the other hand will increase pressure and stress (Brown 2008). Adjustment within the social context In order to achieve the expected performance and cope with the increasing stress, expatriates must adapt to the new working and living conditions. Studies have found that social contexts, such as positive social contact with local nationals and social networks, have positive influence on the expatriates adjustments, stress-coping, problem-focused and emotion-focused coping (McGinley 2008; Osman-Gani Rockstuhl, 2008). Costs of Failure Costs occur in any international assignment particularly when an expatriate prematurely returns home or fails to perform as expected. There are two types of costs, direct and indirect costs. Direct costs comprise the expatriates salary, cost of training especially during the pre-departure preparation, travel and relocation expenses. This cost could be between US$250,000 and US$1,250,000 (Briscoe 1995; Black Gregersen 1999; Abbottet al. 2006; all cited in Cole 2011, p.1505). However, indirect costs could be loss of customers and markets, damaging customer relationships, difficulties with host countrys government and authorities and the cost of replacement (Forster 2000; Cole, 2011). Avoiding or Minimising Expatriate Failure Managing the international resources is a major challenge, but it is an important factor in the success or failure of the MNC. Many factors can contribute to the failure of MNCs, including expatriate failures due to premature return or poor repatriation. MNCs must control and mitigate any kind of failure and crisis including expatriate crises. In order to avoid expatriate failure or minimise its risk, proper and suitable international human resource management policies and procedures should be in place. With such policies and procedures, IHRM can effectively and efficiently manage the international human resources. First, they can efficiently plan for the selection of expatriates; second, pre-departure can be better prepared; third, continuous communication with the expatriates while they are in their international assignment can be maintained, leading to better planning for their return to their home country with a proper position and job assignment; and fourth, repatriation can be effectively planed and implemented. Expatriate Selection In addition to technical and managerial skills, interpersonal skills that could assist in the cultural adjustment are very essential to the success of the expatriates in their international assignments (Clarke and Hammer (1995). A study by Tung (1987) across 80 US MNCs had identified four general categories which may contribute to expatriate success. These categories are (1) technical competence, (2) personality traits or relational abilities, (3) environmental variables, and (4) family situations. Later, by examining 15 organisations, Ronen (1989) as cited in Chew (2004) developed a model, for an effective selection, that consists of five categories: (1) job factors, (2) relational dimensions, (3) motivational state, (4) family situation, and (5) language skills. The job factors consist of technical skills as identified by Tung, familiarity with the operations of both headquarter and host country, managerial skills and administrative competence. The relational dimensions include tolerance for ambiguity, behavioural flexibility, non- judgementalism, cultural empathy and low ethnocentrism and interpersonal skills. Motivational state comprises belief in the mission, congruence with career path, interest in overseas experience, interest in specific host country culture and willingness to acquire new patterns of behaviour and attitudes. In family situation, willingness of a spouse to live abroad, adaptive and supportive spouse and stable marriages should be considered. Finally, host country language and non-verbal communication are very essential. Pre-departure preparation Once the expatriate has been selected, pre-departure preparation should take place. This preparation should prepare the expatriate for the assignment abroad and ensure her/his success in the international assignment (Mendenhall et al. 1987). Some of the activities that should be considered during this phase are career counseling, cross-cultural adjustment and languages. Career counselling for both the expatriate and accompanied spouse is very essential to the success of the expatriate in the international assignment (ref). Preparing the expatriate and his family for cross-cultural adjustment is very crucial especially if the expatriate is not familiar with the culture customs and work ethics in the host country (Weech 2001). In addition to cross-cultural training, language training, and some short academic programs in the host country could be very beneficial (Okpara Kabongo, 2011). A study by Shen and Lang (2009) examined the impacts of cross-cultural training (CCT) on expatriate performance in Australian MNEs, concluded that short-term assignments had a stronger impact on expatriates in term of cross-cultural adjustment. According to the survey of GMAC, NFTC SHRM, 2004, most companies (60%) provide formal cross-cultural training before assignments began with 73% of expatriates indicating that these trainings had great value. Keeping good communications with home company Continuous and good communications between the home company in general and HR personnel in particular from one side and the expatriates from the other side are very healthy and productive. Through these communications, the expatriates are kept aware about what going on in their home organisations, their performances, strategic decisions, re-organisations and potential opportunities when they return home. They also facilitate and make the readjustment and post-employment easier and smother. The Return of Expatriates One of the reasons for international assignment is to gain international and cross-cultural experience and knowledge; therefore it is very important for the MNCs to retain the employee after the international assignment has been completed. One of the major risks, associated with high costs, is the difficulty to maintain the expatriates upon their returns to the home country (Downes Thomas 1999). Considering these difficulties, expatriates need assistance to settle back in their home country. As part of the overall IHRM policies and procedures, repatriation programs must have been developed to tackle two major issues (1) career planning and (2) reverse culture shock (Hammer, Hart Rogan 1998). The GMAC, NFTC SHRM 2004 survey confirmed that 8% of the expatriates have left the company during the assignment while 13% within one year of returning and additional 10% within 2 years. Repatriation Agreement and Career Planning Another important factor to retain the expatriates after their return is to have a repatriation planning, preferably before the international assignment began (Latta 1999). Such planning should include a repatriation agreement that includes provision of a specified period of the assignment and a return incentive with an assurance of an acceptable job. For example, the GMAC, NFTC SHRM survey indicated that 86% held repatriation/re-entry discussion with 44% of had these discussions before departure and 23% under 6 months before return. However, only 24% had guarantees of employment at home country, 11% had guarantees for employment at another location and 68% had no guarantees for post-employment. Job guarantee, with comparable position or a promotion, is very crucial for the repatriation program to be successful. Reverse Culture shock Assisting the employee and his family to re-adjust into their home country and culture is very important. They make the employees fell that the company had taken care of them and acted to their best interests. Definitely, this will enforce the employee commitments and loyalty to the home company and helps maintaining these experienced resources and their international knowledge within the organisation. Alternative Assignments As MNCs are more and more faced with pressures to reduce costs and shortage and resistance of employees to move abroad for long-term assignments, Collings (2007) and his colleagues argue that international assignments are unsustainable. For them, MNCs might need to consider alternative and standard forms of international assignment. Some of these alternatives could be short-term assignments, commuter assignments, international business travel and virtual assignments. It is also essential that IHRM incorporate these emerging alternatives assignments into their policies and procedures. Conclusion Expatriate failure, either premature return, performing below expectation or inability to retain the expatriate after repatriation, is very common whining MNCs and it could be very costly. There are many reasons for expatriate failure. Cross-cultural adjustments for the expatriates, their spouse of their children are one of the most reasons for premature return. Additionally, poor expatriate selection that only considers technical and managerial skills with interpersonal skills is another reason. Added to them is stress caused by increased responsibility and balancing between work and family (Shih, Chiang and Hsu, 2010). Inability to maintain the experienced employees after repatriation is another risk. Improper repatriation program that take in consideration career planning and job guarantee after coming back home and reverse culture shock that help the expatriates and their families to readjust in their home country are ones of the major reasons. Expatriate failure can be avoided or minimised by (1) proper expatriate selection taking in consideration the interpersonal skills of the expatriates, the motivation of the candidates and the willingness of their spouses and families to live in the host country; (2) pre-preparation departure through careers counselling and cultural adjustments and language training for the employees and their families and (3) maintaining good and continuous communications with the employees while there are aboard and (4) having, as an integral part of IHRM processes and procedures, an repatriation program that take care of the employees and their families when they return home. Finally, the key challenge on avoiding or minimising expatriate failures is to have adequate and proper IHRM policies and procedures that ensure proper support for international assignment as well as repatriation.

Boy Talk :: Example Personal Narratives

Boy Talk We keep tally marks (with parenthetical comments) in my little black book. When we score, we call them glory points. We conceived the idea on a Friday night of meandering around coffee shops, discussing the book Catcher in the Rye. I convinced my friend Michael that Catcher in the Rye satires pathetically alienated teens and mocks the protagonist as much as anyone else - and thus bore our tradition. We score glory points by convincing the other that he is wrong; my little black book is the memo pad I use for keeping phone numbers, homework assignments, other assorted notes, and of course, glory points. At the moment, I am beating Michael five to four in the "glory game." Michael actually gave me the book "Catcher in the Rye" to read somewhere near the end of my freshman year, at the time when I had very few friends because I had just changed schools. He, also being an alienated youth, began to talk to me about phonies and other Holden Caufieldesque things. To this day, he brags about how he drove me into a "three month depression." From the philosophy of Holden Caufield, we have since progressed to arguing philosophy and politics. Prior to discussing phonies, Michael and I had never gotten far beyond the surface-levels of conversation. That kind of relationship wasn't unusual for me - virtually every relationship I had was as shallow as a kiddie pool. In fact, discussing phonies was a breakthrough for me, if only because we exchanged some semblance of ideas about personal psychology. Michael and I thoroughly agreed: "Everybody in the world is a phony - except me." (We never did figure our if the "everybody" included the other person.) During the summer between my freshman and sophomore years, I began to miss people - no one person in particular, just those mystical creatures that I missed walking down the street while I spent three or four days inside reading and watching television. I made something of a commitment to myself to actually befriend more than the handful of people I talked to over that summer. I committed myself to making close friends whom I could talk to about personal problems. Friends, ironically, like Michael. Michael and I moved to this topic near the end of that summer, at a time when he was in the process of switching to a private high school from our old, public high school.

Psychoanalytic Analysis of Shakespeare?s Hamlet Essay -- essays resear

If one wants to truly understand the psychological implications of William Shakespeare’s Hamlet, the primary focus should be on the character Hamlet, and how he develops and modifies throughout the play. Using the fundamentals of the psychoanalytic perspective of critical evaluation, one would be able to truly identify and explore the true nature of Hamlet, and the effects that his character has on the situation surrounding him. In order to gain a true understanding of most of the detail that is implied through Hamlet’s way of portraying himself to others, it is vital to look deep into the actions that are carried out, and analyze them psychoanalytically. Many have already written works that evaluate the play using this method, and one can also do this simply by having a good understanding of what a psychological evaluation truly is. Before beginning the analysis, it would be necessary to have a proper understanding of the psychoanalytical perspective. After attaining knowledge about the perspective, and reading Hamlet of course, one can begin to make important connections using details from the play.   Ã‚  Ã‚  Ã‚  Ã‚  In the actual play, one of the principle argument is whether Hamlet is truly mad or not. To analyze this for validity, one would have to look at the linguistics of the play and the situations that play out within it. There is concrete evidence, as well as implied detail, which leads one to believe that Hamlet is only acting as if he were mad in order to carry out his plan to avenge the death of the late King Hamlet. One of the first examples of this evidence shows itself when Hamlet warns Horatio of what he’s planning, and in effect, not to blow his cover. â€Å"Here, as before, never, so help you mercy, how strange or odd soe'er I bear myself,— As I, perchance, hereafter shall think meet to put an antic disposition on,— that you, at such times seeing me, never shall...note that you know aught of me:—this is not to do, so grace and mercy at your most need help you, swear.† (Hamlet) This quotation clearly shows that Hamlet is conscious of the situation, and will pretend to be mad. But, there is other evidence that may lead one to think about whether or not Hamlet may have actually been slightly mad. For instance, it strikes one as odd that Hamlet waits so long, and goes through so much trouble in order to kill King Claudius. Hamlet wa... ...alyze the work, or use what others have understood from analyzing Hamlet themselves to draw conclusions and gain an in-depth understanding of what the character is going through from a psychological perspective. There are endless sources out there than can be used as references to support this sort of inquiry. It all comes down to comprehending the work and the perspective. It’s not necessary to scrutinize the inner workings of the play in order to enjoy it, it never has been. Sometimes it’s not until the second or third, or even fourth reading that the reader begins to ask the more advanced questions and demand more of the text. Once that is accomplished, the rest is a proverbial piece of cake. Works Citied Shakespeare, William. â€Å"Hamlet: Prince of Denmark.† Literature: Reading Fiction, Poetry, and Drama. Comp. Robert Deyanni. Boston; McGraw-Hill, 2000. 941-1042. Paredes-vonOyen, Erin. Has Hamlet Gone Crazy?. 26 October. 2000 . Takahashi, Yasunari. â€Å"Speech, Deceit, and Catharsis: A Reading of Hamlet.† Hamlet and Japan. Ed. Yoshiko Uà ©no. Hamlet Collection 2. New York: AMS, 1995. 3-19. Adair, Vance. â€Å"Rewriting the (S)crypt: Gazing on Hamlet’s Interiors.† Q/W/E/R/T/Y 6 (1996): 5-15.

Motif Affairs: The Great Gatsby

Throughout the novel The Great Gatsby, Fitzgerald uses the motif of affairs to show development in Daisy Buchanan's character. As a reader slowly pieces together what is the love puzzle of this novel, it becomes clear to them Daisy's true self. Starting off the novel Fitzgerald uses Tom's affairs with Daisy(his wife) and Myrtle(his mistress) to show how Tom treats Daisy. He is very sexist towards not only Daisy but also myrtle. â€Å"Daisy loved me when she married me and she loves me now,†(131) this is said by Tom, giving the reader an example of just how controlling he is of his wife.It is evident to the reader, through the lens of feminism, that Tom objectifies women, treating them like objects rather than people, Daisy especially, making him feel it is acceptable to have more than one woman. This gives the reader a sense of sympathy for Daisy, because of the way her husband treats her. It upsets the reader that although Daisy is aware of her husband's affair with Myrtle, s he ‘accepts' it and feels she deserves it because she is a woman and that's simply what women get.As the novel goes on, it is made clear to the reader Daisy's obsession with money. â€Å"Her voice is full of money†¦ That was it. I‘d never understood before. It was full of money – that was the inexhaustible charm that rose and fell in it, the jingle of it, the cymbals‘ song of it†¦ High in a white palace the king‘s daughter, the golden girl†¦ â€Å"(120) We learn of an affair in Daisy's past that she had with Gatsby, and that the only reason she married Tom rather than Gatsby was because of Tom's wealth.When this is brought up it refuels old feelings between the two of them, leading to an affair between Daisy and Gatsby. Readers go from feeling bad for Daisy to almost having sympathy for Tom. After accusing Tom of objectifying Daisy and not being loyal to her, it is made clear that daisy is not loyal to Tom. She is not in love with him, but rather his money. Through these recurring affairs and the lens of feminism Daisy's true character is exposed to the reader.

The management team at Aldus Corporation

The management team at Aldus Corporation was considering a possible reorganization of its existing marketing strategies in order to suit the needs of the market more effectively. Initially, the success of the product had been based on strategic alliances with large corporations such as Apple and IBM.These strategic alliances had facilitated access to a large distribution network. The product’s marketing potential had also been enhanced through technical support which had helped both the business executive and the professional graphics designer to make the most of the software.However this was a single product strategy which was no longer viable because the needs of the two market segments were diverging. For example, the market segment that consisted of business executives required greater user-friendliness while the market segment that consisted of professional graphics designers required a greater range of functionalities.Therefore, the management team at Aldus had to formul ate strategies that would enable the existing organizational structure at Aldus to customize PageMaker to a greater extent to the needs of both segments.Although the proposed reorganization presented several difficult challenges, it was a viable one in light of the fact that both consumer segments were critical to maintaining Aldus’s profit potential.

Defining the Concept of Voice Through an Assessment of Shakespeares “Twelfth Night” Essay

Defining the Concept of Voice Through an Assessment of Shakespeare’s â€Å"Twelfth Night† Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Literary voice is a multifaceted subject that involves both linguistic and stylistic aspects. The readers and editors often significantly demand the involvement of originality and creativity. The level of creativity is required in the development of lasting and satisfactory understanding of the development of the voice. According to Hunter College Reading/Writing Center common characteristics of ‘voice’ is â€Å"Distinct from the terms persona, narrator and tone, voice is associated with the underlying vision of a writer, her general attitude toward the world.† This paper is a fervently articulates the definition of voice through the linguistic choices of Shakespeare’s in his famous play Twelfth Night in evident through his passion for drama and poetry.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The voice when applied in rhetoric it demonstrates the clarity of the visions and thoughts of the writer. Voice is specific to every individual more artistically conveyed in the works of writers. The uniqueness of every piece of writing as a piece of artistic work is subject to the distinct figurative role or a unique commentary of the creator â€Å"writer†. Plays are composed of literal and allegorically unique to develop individuality for the play that is meaningful and captivate. Voice is defined as the distinctive tone or style identifiable of literary work or author.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Twelfth Night demonstrates a tonal play written out to sound like a poem, where there is rhythmic balance in the pronunciation of the lines. Most importantly, the content reflects a unique commentary that speaks beyond what is given in the play. Any individual who is accustomed to the work of William Shakespeare would be able rapidly to detect that Twelfth Night is one of Shakespeare’s works through his techniques of writing. Shakespeare uses a unique combination of writing techniques such as twisted iambic pentameter and soliloquies. At the start of Twelfth Night, Orsino, a Duke, demands if music creates love, then â€Å"Give me excess of it, that, surfeiting† (1.1.2). If music be the food of love, play on; Give me excess of it, that, surfeiting, The appetite may sicken, and so die   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   That strain again! it had a dying fall: O, it came o’er my ear like the sweet sound, That breathes upon a bank of violets, Stealing and giving odour! Enough; no more: By using iambic pentameter, Shakespeare defines Orsino’s character to be different from those of different social class. Here, Shakespeare uses iambic pentameter in a distinct way by switching the tones around to create a different tonal pattern. Instead of the regular iambus of one stressed and one unstressed beat (ba-BUM) for ten syllables straight, he makes a modification to some syllables in order to emphasize certain words.SIR TOBY BELCH Approach, Sir Andrew: not to be abed aftermidnight is to be up betimes; and ‘diluculosurgere,’ thou know’st,– In act 2 scene 3, The syntax and the preceding semicolon on the first line direct the stress on give at the beginning, but the resulting pattern is choppy and almost dactylic in its meter. He often uses this technique on characters that had a higher social status in his plays. On the contrary, those characters of a lower status were deemed not to have the leisure to experiment with literature speaking in regular prose or verse. For example, Malvolio, a butler, attempts prose in the beginning but changes to speak in verse like, â€Å"Daylight and champain discovers not more: this is open. I will be proud I will read politic authors,† (2.5.155-157). Iambic pentameter shows control and yet the emphasis here is on the instability and the intensity of class difference. Thus, Shakespeare’s manipulation of regular iambic pentameter to create differential approach to the field of play each character has. This inherently configures a reflection of his unique voice, and this leads readers to think that, in literature, voice is distinct and unique to develop a persona.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another literary device that commonly found in Shakespeare’s Twelfth Night is soliloquy, which involves a character speaking his or her thoughts aloud. The ideas conveyed by the actor are a way providing information from Shakespeare own point view on certain situations. In 2.2 of Twelfth Night, Viola, disguised as Cesario, conveys her realization of the mistakes she caused due to her disguise: Disguise, I see, thou art a wickedness, Wherein the pregnant enemy does much. How easy is it for the proper-false In women’s waxen hearts to set their forms!   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Alas, our fraility is the cause, not we, For such as we are made of, such we be. How will this fadge? My master loves her dearly,And I, poor monster, fond as much on him,And she, mistaken, seems to dote on me.What will become of this? As I am man,My state is desperate for my master’s love.As I am woman, now, alas the day,What thriftless sighs shall poor Olivia breathe! (2.2.26–38)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This soliloquy serves a purpose of developing context outside of the literal play. In real life, people don’t typically speak their thoughts aloud when alone. Shakespeare’s use of soliloquy is a active interpretation of what the audience does not yet understood. Thus, the conscious choice to use a soliloquy is representative of Shakespeare’s voice because, it develops Shakespeare’s style of presenting mental or non-visible information to become visible to the audience. Soliloquy adequately conveys the strength of Shakespeare to back audience into the scene of play through understanding of the event. Secondly, it develops in a way where Cesario is aware of the whole plot and takes on a role in knowledge as an audience. Furthermore, this foreshadows of how there will be a conclusion to untie this lie, and chaos Viola has created through her disguise. These complex ideas are voices for Shakespeare’s readers to notice through his voice beyond the literal sound of the play.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A complex idea beyond the authentic voice of the play also develops the style that is distinct to Shakespeare. In the same scene, Shakespeare also personifies the concept of a â€Å"disguise† to render a style of narration. Shakespeare uses apostrophe, and aside or address inanimate objects as though they are alive. For example Cesario concludes that â€Å"Time,† which she addresses as a character, must unravel this madness, as she cannot undo Olivia’s confusion, â€Å"O, Time, thou must unravel this, not I† (2.2.39). In this soliloquy, Caesario highlights the weakness of women, the subjectivity of love and the conflicts presented by appearance versus reality. The use of monologue, apostrophe and iambic pentameter in combination create Shakespeare’s voice. It sets his writing apart from other writers who present a similar plot. For example, Ewon Leslie’s She’s the Man incorporates scenarios from Twelfth Night but is written in an entire different voice and style. Both presenting a story plot of a woman in disguise of men creating a chaotic love web, She’s the Man, is different as the literal voice was of modern English. Which does not use poetry, soliloquy, nor personification. Through examining Shakespeare’s use of personification and soliloquy, audiences can see that idea of voice is unique on its own and cannot be imitated.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In fact, it is not only a unique concept to developing a figurative voice for Shakespeare, but also a voice in writing. â€Å"It is one of the last of the Elizabethan comedies†¦reflecting the anxieties and uncertainties of its historical moment,† and â€Å"first seventeenth century comedy, and is in many ways a beginning -of-century play, inaugurating a new poetics: some commentators have been it as the first of the ‘ dark comedies’† (Elam 2). This explained through his scene, which prepares us for dramatic irony when Maria, Sir Andrew, and Sir Toby write the letter to Malvolio, under the pretence of Olivia.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Maria   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   I will drop in his way some obscure epistles of love; wherein, by the colour of his beard, the shape of his leg, the manner of his gait, the expressure of his eye, forehead, and complexion, he shall find himself most feelingly personated. I can write very like my lady your niece: on a forgotten matter we can hardly make distinction of our hands. As we, the audiences are aware of the deception, because Malvolio himself is not aware of it when he finds and reads the letter during Act 2, Scene 5. Presuming the letter is for him, and from Olivia, he proceeds to embarrass himself. This structure of the voice develops as Shakespeare style in dramatic irony where the audience becomes important to the play. Voice here holds a distinct figurative role to incorporate audience into understanding voice of Shakespeare. A further technique that is commonly used by Shakespeare and is, therefore, representative of his voice concerns the way in which he in corporates the audience into play. According to Keir Elam, Twelfth Night, â€Å"pleasures and trials of spectatorship† (Elam 3). By having spectatorship and asking audience for appraisal, establishes the use of dramatic irony. Audience is present and indulging in the same space as the characters through the lines: Sir An. Here comes the fool, i’ faith. Look, here comes a fool. Fes. How now, my hearts! Did you never see the picture of ‘We Three’? Hello, my friends! What a pretty picture, three fools all together. Sir To. Welcome, ass. Now let’s have a catch. (2.3.12-17) Taking this even further, Shakespeare typically uses a fool to breaks the fourth wall. The fool is present in this piece as he is in many of Shakespeare’s plays; for example, Puck in A Midsummer Night’s Dream invites the audience to be with them. This analysis of the way Shakespeare uses tone, mood, style and figurative techniques through the fool to demonstrate his thin king and logic provides further insights reflecting his personality and ability to manipulate what is perceived. However, in She’s the Man, a movie that â€Å"relate only to the plot of the work, the poetry and character being all his own† (Hudson 8), the fool is the audience (not a character). The story presented in She’s the Man has every potential to be another copy of Twelfth Night because it shares a similar plot. Referencing stories outside set Twelfth Night apart from She’s the Man, such as that Twelfth Night’s â€Å"setting of the play, Illyria , as an exotic and unfamiliar location associated with literary romance, lyricism, and illusion,† (Entland, 149). However, the way it is written, its voice, sets it aside from Twelfth Night, which was very much a play written for characters to perform.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This leads the audience to form the conclusion that voice is something that is expressed and received by the initiator and a receptor. As such, it was important for Shakespeare to develop a style that was unique to him as, through his writing, he expressed himself: his voice was an extension of his thoughts, feelings and emotions. Through using a combination of technique and language, Shakespeare’s voice conveys his opinions, likes, and interests to set up the mood.In fact, the place cannot be found because it is a myth. Thus, voice become unique in bringing the reader to notice outside information that interests the author. Another interesting concept that is presented through the voice of Twelfth Night is the social classicism turn around and move to talking about Shakespeare’s voice of who he is.. In Twelfth Night, the characters fail to adhere to social expectations: â€Å" how community diagnoses madness when a person f ails to perform his known identity†¦ member of a particular class as well†(Schiffer 234). Rise of people who will form the bourgeoisie class matter due to crumbling of aristocrats.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The play contains a trick on a set of individuals who think they are exercising power and control. Malvolio, a mere butler, perceives himself to be superior to Toby, an alcoholic aristocrat and Maria, a servant. Toby, though an aristocrat, does not exhibit much power initially, but in the end does have most of the power. Toby and Maria’s letters ultimately drive Malvolio out of control. This demonstrates the modernist revolution in the arts during the late Renaissance in the service of the avant-garde. And possibly reflect Shakespeare’s stance in studies was open to movements such as structuralism and feminism.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In addition to the literal elements of Shakespeare’s voice that are described in the lines of Act 2 Scene 2, there are also figurative aspects that set his work apart from that of other playwrights and authors. According to Christine Ashby, a language researcher, the production of voice and its use as a tool are separate from the thinking of the individual. Figurative voice represents the voice of the person expressed through their idea, concept or logic. Twelfth Night is a play about the â€Å"dramatization of currently fashionable issues such as gender and sexuality† (Elam 2). This adheres to the famous recurring plot that is typical of Shakespeare’s plays as expressed through the idea of a love triangle, star-crossed lovers, where women is deemed to be powerless when it comes to love. For example, Act 2 Scene 2, Viola expresses how women are subjects to love for men. This derives from a larger social commentary outs ide of the play. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Through assessing the work of Shakespeare, voice can be both literal and figurative. It reflects the author’s thoughts, desires and provides insights into what the author would like the audience to think, or how he or she would like them to receive the play. Shakespeare’s voice is reflected in his unique style and techniques. The aspects of his work that sets him apart from others work in combination to give his work his voice. Examining Shakespeare’s work has refined definition of voice as an accurate literal sound of the writer, distinct figurative role, a unique commentary. References Ashby, Christine. â€Å"Whose â€Å"Voice† Is It Anyway?: Giving Voice and Qualitative Research Involving Individuals That Type to Communicate.† Disability Studies Quarterly. Syracuse University, 2011. Web. 06 Dec. 2014. . â€Å"Glossary of Literary Terms.† HUNTER COLLEGE READING/WRITING CENTER WRITING FOR ENGLISH COURSES. Ed. Anna C. Rockowitz. Hunter College Reading/Writing Center, 1998. Web. 5 Dec. 2014. . Hudson, Henry N., Rev. Shakespeare’s Twelfth Night; Or, What You Will. Boston: Ginn, 1895. Print. Schiffer, James. Twelfth Night: New Critical Essays. Abingdon, OX: Routledge, 2011. Print. Shakespeare, William, and Elizabeth Story Donno. Twelfth Night, Or, What You Will. Cambridge: Cambridge UP, 1985. Print. Shakespeare, William, and Keir Elam. Twelfth Night, Or, What You Will. London: Arden Shakespeare, 2008. Print. Shakespeare, William. Twelfth Night; Or, What You Will. New Haven: Yale UP, 1954. Print. Shakespeare, William. Twelfth Night, by William Shakespeare. London: J. M. Dent, 1935. Print. The New Temple Shakespeare. She’s the Man. Dir. Andy Fickman. Prod. Lauren Shuler-Donner and Ewan Leslie. By Ewan Leslie. Perf. Amanda Bynes, Channing Tatum, and Laura Ramsey. DreamWorks Distribution LLC, 2006. â€Å"Voice.† Merriam-Webster. Merriam-Webster, n.d. Web. 07 Dec. 2014. . Source document

Understanding pedagogy and its impact on learning Essay

Music Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Pedagogy refers to the art and science which aims to fully equip human beings with skills. In this education strategy, the instructor’s philosophical principles of instruction are embraced by the pupil’s upbringing knowledge and experience, environment and situation as well as the studying objectives and goals set by both the teacher and the pupil. Johann Heinrich Pestalozzi, a Swiss pedagogue introduced his revolutionary modern principles of education. In the early 19th century, his principles Pestalozzi principles and philosophy started to influence the education system in America. His approach of â€Å"educating the entire man† man was incorporated in the music education.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In 1830s, Lowell Mason-a teacher, began to use Pestalozzi’s principles and philosophy in his methods of teaching and later came up with a new tactic to the music education. Lowell Mason later championed for inclusion of music curriculums in normal education. (Branscome, 2005; Mark & Gary, 1990, p.76; Sturm, 1998; Tellstrom, 1971). In schools for people with special needs in the United States, music was already incorporated in their syllabus in early 1930s. Such schools where music was taught include New England Asylum for Blind that is also referred to as Perkins School for Blind. Julia Ward Howe offered singing lessons and instructions to the blind and the people with mental disorders using a curriculum that was developed for the purpose of training students in singing and marching lessons.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   From 1900 music education was incorporated in the public school educations system. From 1960 to 1970 the music education, music education was fully encompassed in the special education syllabus whereby the music classes were taught by the special needs education teacher.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   More music teachers were delegated to teach students with special needs as from 1970. During the lessons, the teachers were required to visit the schools for two or three times in a month. The lessons were meant for listening to recordings, singing or movement engagement exercises. According Graham (1975 & 1980) and Mark & Gary (1990, there is enough evidence to show that music education was not mainly considered for secondary education but elementary level. The enactment of the law that ensured education was compulsory for all children with disabilities -EHA ensured participation of students with disabilities in the regular music program. References Raumer, K.,et al.(1885) . The Life and System of Pestalozzi. London: Longmans press. Pestalozzi,J.,Banard,H.(1859). Pestalozzi and Pestalozzianism: Life, Educational Principles, and Methods of Johann Heinrich Pestalozzi. New York: F.C. Brownell press. Mortimore, P.( 1999). Understanding pedagogy and its impact on learning. London: Paul Chapman Publishing. Source document

Fuzzy Logic with Data Mining with respect to Prediction and Clustering Research Paper

Fuzzy Logic with Data Mining with respect to Prediction and Clustering - Research Paper Example According to Jemal and Ferlay (2004, p.69), breast cancer is currently one of the major health problems as well as the leading cause of death amongst women worldwide. Consequently early detection of cancer risks is one of the key ways of improving the prognosis of the disease. Although there are a number radiological techniques such as mammography that can be used in the early detection of breast cancer risks, the enormous data generated by these techniques often make it difficult for radiologists to accurately evaluate breast cancer data (Dorf and Robert, 2001, p.234). Artificial intelligence techniques such as fuzzy clustering algorithms can therefore significantly improve the diagnosis and evaluation of breast cancer risks through clustering of the particular data elements. Consequently the incorporation of fuzzy logic algorithms in data mining is a powerful tool that can be employed in the extraction, clustering, quantification and analysis of the data base information regarding the assessment and diagnosis of cancer risks. When dealing with uncertainties in databases, fuzzy logic clustering algorithms can be used to cluster different elements of data into various membership levels depending on their closeness (Castillo and Melin, 2008, p.94). For example, during the evaluation of breast cancer risks, mammogram data may possess some degree of fuzziness such as ill defined shapes, indistinct borders and different densities. In this regard, a fuzzy clustering algorithm can be one of the most effective ways of handling the fuzziness of data related to breast cancer. As an intelligent technique, Fuzzy logic data mining algorithms not only provide excellent analysis of the data but can also be used to develop accurate results that are easy to implement. One of the greatest potential advantages of incorporating fuzzy logic in data mining is the fact that such algorithms can significantly be used in the modeling of inaccurate, non linear and complex data systems b y implementing human knowledge and experience as a set of fuzzy rules that uses fuzzy variables for inference purposes (Nguyen and Walker, 2003, p. 96). For example when using fuzzy algorithm for the prediction and clustering of breast cancer data, the human experience and knowledge related to breast cancer risks can be expressed as a set of inference rules of deduction that are then attached to the fuzzy logic system. Another important advantage of fuzzy algorithms systems for prediction and clustering of breast cancer data is that they usually have a significantly high inference speed. This paper proposes a fuzzy clustering algorithm that can be used in the data mining of breast cancer data and consequently in the evaluation and prediction of cancer risks in patients with suspected cancer cases. Proposed single If-then fuzzy rule Assuming that we have a classification problem with an n-dimensional c-class pattern whose space is given by n-dimensional cube (0, 1), n as well as that the m patterns Xp=Xp1,†¦Xpn, where p=1,2,†¦..m, we will need to generate the fuzzy if then rule in which Xpi [0,1] for p=1,2,†¦., m, i =1,2,†¦..,n. Based on the proposed single fuzzy If-then rule that is based on the mean and standard deviation of the attribute values, the fuzzy rule will be generated for each of the classes. Consequently the fuzzy If then rule for the kth