Tuesday, November 26, 2019

Private Ownership of Guns essays

Private Ownership of Guns essays Topics for conversation in this report will include: Gun control assumes some fundamental things to hold true. It assumes that all people are law abiding, responsible, and well intended; we know this is not the case or their would not be a gun debate. Since the above does not hold true we have markets that will work against gun control, called Black Markets. Gun control works for the normal market, where there is a series of checks and balances to keep guns out of the hands of known criminals and people with mental disorders through background checks and waiting periods. What happens with the people that are not allowed to buy a gun because of their background? They say OK and are kept from buying guns. WRONG this is where some, not all, turn to the Black Market. The Black Market has only one check and balance, risk vs. reward. How much can be charged for a gun vs. the legal problems that can be caused for the seller and buyer. If the risk is worth the reward we have a Black Market where people can buy and sell guns without the controls of the normal market, but are under pressure of legal action if caught. The stronger the laws are restricting gun ownership in our Normal Market the more demand for Black Market guns will grow. This market shift was seen during the probation of alcohol and the resulting Black Markets for production and distribution of the contraband. We should remember the social unrest that accompanied that Black Market occurrence. The argument Polsby makes is the higher the number of victims a criminal assumes to be armed, the higher will be the risk-the price-of assaulting them. This is what I call victims vs. criminal evaluation. This creates yet another market, the one of victims. I see ...

Saturday, November 23, 2019

Battle of the Chateauguay in the War of 1812

Battle of the Chateauguay in the War of 1812 Battle of the Chateauguay - Conflict Date: The Battle of the Chateauguay was fought October 26, 1813, during the War of 1812 (1812-1815). Armies Commanders Americans Major General Wade Hampton2,600 men British Lieutenant Colonel Charles de Salaberry1,530 men Battle of the Chateauguay - Background: With the failure of American operations in 1812, which saw the loss of Detroit and a defeat at Queenston Heights, plans to renew the offensives against Canada were made for 1813. Advancing across the Niagara frontier, American troops initially had success until being checked at the Battles of Stoney Creek and Beaver Dams in June. With the failure of these efforts, Secretary of War John Armstrong began planning for a fall campaign designed to capture Montreal. If successful, the citys occupation would lead to the collapse of the British position on Lake Ontario and would cause all of Upper Canada to fall into American hands. Battle of the Chateauguay - The American Plan: To take Montreal, Armstrong intended to send two forces north. One, led Major General James Wilkinson, was to depart Sacketts Harbor, NY and advance down the St. Lawrence River towards the city. The other, commanded by Major General Wade Hampton, received orders to move north from Lake Champlain with the goal of uniting with Wilkinson upon reaching Montreal. Though a sound plan, it was hampered by a deep personal feud between the two principal American commanders. Assessing his orders, Hampton initially refused to take part in the operation if it meant working with Wilkinson. To assuage his subordinate, Armstrong offered to lead the campaign in person. With this assurance, Hampton agreed to take the field. Battle of Chateauguay - Hampton Moves Out: In late September, Hampton shifted his command from Burlington, VT to Plattsburgh, NY with the assistance of US Navy gunboats led by Master Commandant Thomas Macdonough. Scouting the direct route north via the Richelieu River, Hampton determined that the British defenses in area were too strong for his force to penetrate and that there was insufficient water for his men. As a result, he shifted his line of advance west to the Chateauguay River. Reaching the river near Four Corners, NY, Hampton made camp after learning that Wilkinson was delayed. Increasingly frustrated by his rivals lack of action, he became concerned that the British were massing against him to the north. Finally receiving word that Wilkinson was ready, Hampton began marching north on October 18. Battle of the Chateauguay - The British Prepare: Alerted to the American advance, the British commander at Montreal, Major General Louis de Watteville, began shifting forces to cover the city. To the south, the leader of the British outposts in the region, Lieutenant Colonel Charles de Salaberry, began mustering militia and light infantry units to meet the threat. Composed entirely of troops recruited in Canada, Salaberrys combined force numbered around 1,500 men and consisted of Canadian Voltigeurs (light infantry), Canadian Fencibles, and various units of Select Embodied Militia. Reaching the border, Hampton was angered when 1,400 New York militiamen refused to cross into Canada. Proceeding with his regulars, his force was reduced to 2,600 men. Battle of the Chateauguay - Salaberrys Position: Well informed as to Hamptons progress, Salaberry assumed a position along the north bank of the Chateauguay River near present-day Ormstown, Quebec. Extending his line north along the bank of English River, he directed his men to construct a line of abatis to protect the position. To his rear, Salaberry placed the light companies of the 2nd and 3rd Battalions of Select Embodied Militia to guard Grants Ford. Between these two lines, Salaberry deployed various elements of his command in a series of reserve lines. While he personally commanded the forces the abatis, he assigned leadership of the reserves to Lieutenant Colonel George MacDonnell. Battle of the Chateauguay - Hampton Advances: Reaching the vicinity of Salaberrys lines on late October 25, Hampton dispatched Colonel Robert Purdy and 1,000 men to the south shore of the river with the goal of advancing and securing Grants Ford at dawn. This done, they could attack the Canadians from behind as Brigadier General George Izard mounted a frontal assault on the abatis. Having given Purdy his orders, Hampton received a troubling letter from Armstrong informing him that Wilkinson was now in command of the campaign. In addition, Hampton was instructed to build a large camp for winter quarters on the banks of the St. Lawrence. Interpreting the letter to mean that the attack on Montreal was cancelled for 1813, he would have withdrawn south had Purdy not already been committed. Battle of the Chateauguay - The Americans Held: Marching through the night, Purdys men encountered difficult terrain and failed to reach the ford by dawn. Pushing forward, Hampton and Izard encountered Salaberrys skirmishers around 10:00 AM on October 26. Forming around 300 men from the Voltigeurs, Fencibles, and various militia formations at the abatis, Salaberry prepared to meet the American assault. As Izards brigade moved forward, Purdy came into contact with the militia guarding the ford. Striking Brugià ¨res company, they made some headway until being counterattacked by two companies led by Captains Daly and de Tonnancour. In the resulting fighting, Purdy was forced to fall back. With the fighting raging south of the river, Izard began pressing Salaberrys men along the abatis. This forced the Fencibles, which had advanced forward of the abatis, to fall back. With the situation becoming precarious, Salaberry brought up his reserves and used bugle calls to fool the Americans into thinking that large numbers of enemy troops were approaching. This worked and Izards men assumed a more defensive posture. To the south, Purdy had re-engaged the Canadian militia. In the fighting, both Brugià ¨re and Daly fell badly wounded. The loss of their captains led the militia to begin falling back. In an effort to encircle the retreating Canadians, Purdys men emerged along the river bank and came under heavy fire from Salaberrys position. Stunned, they broke off their pursuit. Having witnessed this action, Hampton elected to end the engagement. Battle of the Chateauguay - Aftermath: In the fighting at the Battle of the Chateauguay, Hampton lost 23 killed, 33 wounded, and 29 missing, while Salaberry sustained 2 killed, 16 wounded, and 4 missing. Though a relatively minor engagement, the Battle of the Chateauguay had significant strategic implications as Hampton, following a council of war, elected to withdraw back to Four Corners rather than move towards the St. Lawrence. Marching south, he dispatched a messenger to Wilkinson informing him of his actions. In response, Wilkinson ordered him to advance to the river at Cornwall. Not believing this possible, Hampton sent a note to Wilkinson and moved south to Plattsburgh. Wilkinsons advance was halted at the Battle of Cryslers Farm on November 11 when he was beaten by a smaller British force. Receiving Hamptons refusal to move to Cornwall after the battle, Wilkinson used it as an excuse to abandon his offensive and move into winter quarters at French Mills, NY. This action effectively ended the 1813 campaign season. Despite high hopes, the only American successes occurred to west where Master Commandant Oliver H. Perry won the Battle of Lake Erie and Major General William H. Harrison triumphed at the Battle of the Thames. Selected Sources History of War: Battle of ChateauguayParks Canada: Battle of ChateauguayWar of 1812-1814: Battle of Chateauguay

Thursday, November 21, 2019

Comapring with life Essay Example | Topics and Well Written Essays - 750 words

Comapring with life - Essay Example Discrimination becomes an ugly word especially when it is associated to race or color. We continuously wonder why such difference in skin color or genes would merit a severe consequence. Discrimination in any form teaches us that the value or quality of an individual lies in the physical or the material not by his virtue or ability, that those who are deemed inferior because of the standards that popular culture or society has set deserve less which unfortunately mean cruelty and animosity. Science has always purported that man is of one kind, one species. There are no other breeds, no other classifications, no subdivisions. Any man is a man in his essential or universal form or nature, sub specie aeternitatis. Furthermore, diversity does not necessarily mean inequality. In the face of such injustice, man must at all times take action. Inasmuch as we openly celebrate whatever is good and beautiful, humankind must also earnestly articulate resistance for injustice and evil. We can be patient in the pursuit of our dreams but not in the search for justice. This has been proverbially expressed as "justice too long delayed is justice denied. Those who are oppressed must rise or must be lifted from the dark dungeons of complacency." (King, Jr.) These actions have taken various names as well resistance, strike, campaign, direct action, protest, which in legalistic term is freedom of expression. As King stated, steps have to be taken to bring these evils in the open, to the light of human conscience and the air of national opinion before it can be cured, the same way boils must be opened with all its ugliness to the natural medicines of air and light. Then again, people have differing opinions on what should be done and how it is to be done. Those in opposition are often accused of unreasonable impatient dissatisfaction. Thus, man grapples whether those in authority are flawed or those who react are just simply dissatisfied. Subsequently, they are cautioned to practice sobriety. The so-called peacekeepers say "Wait!" and this, in the long run, would mean "delay" or "never". (King, JR) However, our conscience dictates that spectators, those who are not in the face of suffering are not in the proper position to judge those who suffer. According to King, "We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed." which gives man more reason to take direct and immediate action. Then, man must always take caution in all his actions, lest he ends up breaking the law and bring about anarchy. At all times must he upheld what is both legal and moral. Reason dictates that all conflicts must be taken to the courts but many times people would question the infallibility of our courts. Moreover, is legality always equivalent to morality The line must be drawn, especially in matters of opinion, especially when opinion matters. Does the law apply to all How do we establish morality in a multicultural world Practically, the root of all these things is differences and these differences have been a constant challenge to man, something that he must always try to reconcile with and understand. Taking things to a higher plane, reconciliation, compromise, tolerance, empathy, and compassion might turn up to be the better answers to the issue of discrimination and conflict. We must realize that we should always choose

Tuesday, November 19, 2019

Silent Film Essay Example | Topics and Well Written Essays - 1000 words

Silent Film - Essay Example Accessing these materials is, however, not a straightforward path, especially when investigating a new topic. Proper researching, though, leads one to find these archives that contain materials that are so much back dated. This paper, therefore, seeks to explore the archives bearing information on Charlie Chaplain with an aim of stating the lesson learnt from the topic. It will then explain how the topic was identified, the interest it raised over time, how the topic was narrowed, and the obstacles and dead-ends met during the research and the keywords searched that worked best and why they worked. Charlie Chaplain was a wealthy man who made millions through acting in the period of silent films. He was one of the funniest men during his era. He is a funny character who speaks better for himself even though his speech is of silent nature. He could send everyone who watched him into laughter, including those who did not want to laugh. Chaplain inhabited four hubs of jocularity between Fifth Avenue and Dearborn where he brought laughter to the shifting crowds (Kitty 10). His mode of dressing entailed a miserable pair of trousers and a bedraggled coat tails. He was also familiarized with an amusing midst of a minute mustache (Kitty 14). Chaplain was a big name, celebrated for the hilarious performances made in public concerts. He could receive several performance invitations, including the one mentioned in the Los Angeles Times. It provided, â€Å"Chaplain to shine: A citizen’s Vigilance Committee from Venice was out last night searching for one Charlie Chaplain, who is to be in the parade and catch the first ball in the opening game of San Francisco – Venice series.† (Green III1). Chaplain became so famous that at one time a crowd of about 500 people mistook Francis LaPlant and followed him down state street thinking that it was Chaplain. LaPlant thought the crowd wanted to lynch him and ran to a nearby medicine store where police ‘saved ’ him by taking him to his home (Hartford Courant 9). Chaplain produced several humorous antics, which included ‘For the Commonwealth’, ‘Who Pays’ and ‘Work’. As a result of his fame, Chaplain’s value rose. According to the Madison Square Theatre Schedule in New York, Chaplain was valued at $12,500 per week by 1915. According to an article, the management of the theatre offered Chaplain a lump of up to $25,000 as salary in order to engage him (Kingsley III4). Charlie Chaplin was so funny that in some instances he was referred to as the funniest and most vulgar human in the entire universe. In his piece, ‘The Woman’, for example, decent people would be infuriated due to the vulgarity in it. Its nature left the audience angry in their own laughter. This, however, is seen as demeaning his work as he seems to have no self – limit. His talent enables him turn impossible crowds into sheers of laughter. When he gets h is trousers down, however, mixed reactions will mostly likely fill the air, and parents might start restricting their children from attending Chaplin’s concerts. Harry Hamill was once quoted saying, â€Å"†¦In my judgment Chaplin descends to the lowest depths of vulgarity in almost every case.† Another man, A. C. F. said: Even the men will no longer think him funny or clever if he continues

Sunday, November 17, 2019

Chinese culture Essay Example for Free

Chinese culture Essay Chinese culture is known to value education as one of the most important things that you can have in the world. This historical importance of education in the Chinese culture dates back from the teachings of Confucius. China is also rich in great thinkers and philosophers, all having important contributions for China and in the global scale. There philosophy was that they believe in achieving social harmony through freeing humans from deprivation and be given appropriate education and learning. According to Confucian teaching, all of us have the potential to be great, and that education is a way to achieve this. Also, educating a person can help in correcting him, if ever he has strayed as to what is known as ethical behavior. Confucius is a proponent of offering education to all the people from all classes. Education has been a driving force for success; people from low social positions could have the chance to rise and make their selves know through proper education. Confucius’ teachings have become a basis of the social norms of the country and a great aspect in the formation of the Chinese society. Everyone, even the penniless, strives hard to send their sons to school, in hope for a change in their way of life. Education does not only prove to be a source of knowledge but also a source of hope. Chinese education is very democratic in nature, wherein it is open for anyone, and that it promises to uplift him the society as long as he is able to survive the hardships that are brought about by studying lessons and arduous examinations. Chinese people believed in the teachings of Confucius and have used the hope of education as a motivation. They are all veered towards a life of memorizing the Classics and studying for exams in the hope of having a good position in the society afterwards. Some of them succeeded in doing so, and have found that their efforts have all been rewarded. They believe that if they work with their heads, they will be able to rule, being in the top brass of the society; as for those who work with their hands, they are meant to serve others instead. Education then became a mode or strategy in order to survive in the country which is plagued with poverty, a country so large that the government barely hears the calls of the people, unless you strive and make you known: the purpose of having proper education. This was reflected in Lu Xun’s writings, especially in the Preface to â€Å"Call to Arms. † Lu Xun tells his life story, how he started as a young boy raised in a poor family. When his father died of an illness without getting properly cured, he was set into achieving a life in medicine. He aims to do this with the help of education. Just like most of the people in China, he sees education as a way to uplift them of their social status. Even if they are living a poor life, they still have the chance to rise up from poverty. This is by sending him to study and get proper education, away from his family. His mother did everything in order to send him to school. Poverty didn’t stand in the way; she literally worked till her back hurt in order to support Lu Xun in his education. Lu Xun on the other hand did his part and went to a school in his search for education. He was more inclined with medicine, and he further learned that his father wouldn’t have died if he was given the proper treatment, not the old ways of treating such ailments. Families suffered because of false prescriptions, lives were lost without actually being able to give any possible solutions to ailments. He studied a lot, and got into an introduction on Western medical science to Japan. This has brought him somewhere farther away from home, in the provincial medical college in Japan in his search for knowledge. He was thinking of being able to cure patients just like his deceased father, so that patients will not be wrongly treated anymore in the hands of the false prophets giving medical aids. He all dream of doing so upon his return to China even with the increasing unrest and development of wars at that time. Even so, he didn’t lose sight of his dream. He thought that if ever war broke out, he could then serve his country by volunteering to be an army doctor, alongside helping to strengthen the faith of his people towards reformation. What changed him that time is when he saw a film about the execution of a Chinese man. This was done in Japan when they found out about a Russian spy in the person of a Chinese man. Other Chinese people gathered around the man being executed as spectators of what is happening to a fellow Chinese. This had opened his eye that even if he pursue medicine, this can’t prevent the deaths of people who belong to a weak and backward country, and dying from illness may be very less likely to occur. The health of these people doesn’t matter anymore, as long as they are bound by the hardships of the society, they will all end up getting killed or watching others getting killed. The most possible solution that he could turn to was to change their spirit; and this sparked his motivation to move on to literature. He could use up his skills in writing to end this problem, and probably be able to initiate a literary movement. He will pioneer a movement that could hopefully serve his people’s interest; since most of the students in Tokyo are taking up law, political science, physics, chemistry and more, but none of them are studying the arts and literature. There were but a few who has the same inclination as Lu Xun, and they have conglomerated in order to fulfill the same goal by turning to using literature as a weapon against the problems of the society. As their first step, they decide to publish a magazine, signifying a new birth. There are a lot of things that happened afterwards, but eventually led to his collection of various short stories, something that signify his success, maybe not totally, but in his self, he was able to fulfill his dream of affecting a large number of people through literature. Lu Xun’s experiences were but a manifestation of China’s enlightenment, wherein he was able to analyze the worth of his actions, how his futile attempts to lift his position in the society become a detrimental action for the country itself. Chinese culture offered education as a solution, but not all the time should people rely on it. This may cause their demise, if not the total destruction of their beloved culture. Education is really an important aspect to consider, especially for the part of the Chinese people. They give it great value, and they see it as a way to uplift the life they are living in. But during the May Fourth Movement of 1919, people have stood up to the test of time; education is not always the solution. From Lu Xun’s pint of view, his pursue of getting proper education in the field of medicine is not enough. His eyes were opened to the reality of the society; they are living in a hostile environment, that if they don’t take action, they will end up getting crushed. Investing in the minds is not enough, since they have other aspects to fill in. People from other culture undermined the Chinese people’s abilities to assess things in life in the sense of practicality. They have been engrossed in education that they were neglecting the actual concerns of the people. They were more on an individualistic perspective rather that the interest of their nation. Lu Xun has realized this, from the time that he wished to have proper medical education so that he will be able to cure the person, which has been deprived for his deceased father. His personal intention of redeeming himself from the reality that his father could be saved has clouded his mind. In the early years of his time, he was just concentrating on his personal growth, despite the fact that he could have already involved in enriching the Chinese people’s spirit though literature. He realized this in his late years, and has been a manifestation of enlightenment in his personal level. Lu Xun’s writings were really a call to arms, encouraging people to move, to take action so that they can avoid getting crushed. These are encouragements that he gives out to the people of China, an enlightenment that takes them to a transitional phase. The transition of these people is from self-centered efforts of education to the efforts which are more on the national interest. People who were just thinking about raising themselves from poverty are now encouraged to think on a national level; what can they do to improve their country? It is truly a manifestation of enlightenment, wherein the writings of Lu Xun was a call to arms which transformed self-centered Chinese people to a Chinese citizen concerned with the greater interests of the country. This is highly manifested in the May Fourth Movement of 1919, wherein thousands of students stood up and fought for the country, making their voices heard all over the world. It was basically a cultural and political movement of the early modern China, which marked the awakening of a national interest, a wake-up call for the individualistic people to take action to save their country from the clutches of oppression from other countries. It awakened Chinese nationalism and re-evaluated Chinese cultural institutions including the pioneering Confucianism. This is to answer the oppression that they received from the unfair settlements of the Treaty of Versailles, which is known as the Shandong problem, arousing national interest and awakening a movement inside every Chinese citizen. When the Chinese government embraced the intervention from foreigners and the interests of other countries, the Chinese people sensed injustice in their demands from the country. Nationalism was ignited in every heart of the Chinese people because of the unfair treatment being given by the present government who are getting help from foreigners in exchange of favors against national interests. The major proponents of these movements are the students, who stood up and took the streets so that their voices could be heard not only by the government leaders but also by the world. In the outbreak of the World War I, the Beijing government took the side of the Allied Triple Entente because they are pursuing the return of Shandong to China. Shandong has been under the influence of Germany at that time, and China wanted its return. Japan, a fellow Allied power then pursued an attack on all German installations and properties including Shandong when the war came to an end. In a peace conference in Paris, the Chinese government requested for the return of Shandong to China, ever since Japan took it from Germany at the times of the World War I. But at the end of the peace conference in Paris, France, all the Chinese requests have been totally neglected by the Western Allies, dominating most of the meeting and ignoring the sentiments of China. Even though these western countries advocated self-determination, it seems that they have betrayed the fellow Allied power China when they didn’t care to notice of their few requests and arrangements. These events have fueled the fire inside the hearts of the Chinese people, most especially the Chinese students, leading to the outbreak of what we know now as the May Fourth Movement, and event in history that marked the awakening of the Chinese minds towards the harsh reality that we have today; the cruelty of man. In the early hours of May 4, 1919, Chinese students from the local universities of China came and met in Peking to draft and create a few resolutions to answer the Shandon Problem that has aroused from the unfair treatment that they have received from their allies. This includes the opposition of the German concessions in Shandong that was transferred to the Japanese hands. Another is to make everyone in China aware of the position they are into. They want them to know what is happening in their nation today, and that they want to raise the people’s awareness. Another was a â€Å"call to arms,† requesting the people to hold a demonstration that will show their disgust and opposition to the results and terms included in the Treaty of Versailles. The Allied betrayal of China has raised the anger of the Chinese people which encouraged them to stand up and took the streets to hold a demonstration. Majority of these people are students, coming from the local universities of the country. They wanted to get rid of the â€Å"traitors† that has overlooked the interest of China for their own interests. They wanted to punish the political figures at that time which hold important positions as diplomats. The following days were all signs of demonstrations. People especially students from Beijing and other neighboring regions of the country rose and went on strike as a whole, encouraging other parts of the country to do so and follow what they have started. The movement went one, from Beijing to Shanghai to other parts of China, calling the people to take the streets, a true â€Å"call to arms† in order to fight oppression from other countries that opposed them. They have been deprived of their small requests, which mean that they were betrayed by their allies at one point of time. This event is comparable to Lu Xun’s â€Å"A Madman’s Diary, wherein he feature’s the accounts of a person who may not be in the right frame of mind, chronicling everything that he experiences in his day to day life as a â€Å"normal† person in his own point of view. This diary serves as an answer to the May Fourth Movement, which is out on a different context. The mad man’s views may be considered to be as China at that time, while the other characters could be considered as the close people in his life. The mad man views that he is the center of the attention of all the people around him. They look into him as something different, not as a person, but as something material in nature. He thinks that these people wanted to eat him that they see him as someone that can be considered as food, someone that can be cooked just like pork, or chicken, and then be devoured to satisfy the hungry mouths of the people. He fears that anytime he can be attacked, be killed, butchered, and finally be eaten. Every time he walks out of his house, he is always wary that people are looking at him differently, that they have other intentions in their minds. Even the neighborhood’s youngsters look at him differently, just like how the old ones look at him. This has caused him of the uneasy feelings which deprives him of sleep and a good meal, and thinks that anytime soon, people will come barging in and attacking him so that they will be able to devour his flesh. These thoughts were not limited to his neighbors only. He has been thinking like this even with his relatives. He is thinking that his older brother and their caretaker also wanted to eat him. He sees his brother as the biggest threat to his welfare, that he is also interested in devouring his flesh and organs. Because of this, he thinks that he is not safe even in his own house. He then confronts his brother and gets into an argument with him. In the end, he suspected his brother more, with the intentions of devouring his flesh growing as the time lengthens. This was a manifestation of the May Fourth Movement’s awakening. The mad man was China, wherein he is afraid of getting eaten by the people in the community. It reflects the significance of China in a global stature. Many pursue his flesh, and that is literally the territories of the nation. China is a rich country which makes it susceptible for the negative intentions that other countries have against it and its territories. He was trying hard to protect it, and even seek the help of his relatives. These relatives are the Allied powers, whom China gave their allegiance. They wanted to get Shandong back in their names, only to find out that even Japan, a co-Allied power was after it. And the worst part was that they were ignored by the other allied nations. What the Western allied countries did to China was a big slap in their face. They trusted them to help in restoring the territorial claims of Shandong along with a few requests, but none of these were answered. Japan took advantage of their alliance and acquired Shandong for themselves, just like how the madman perceived it to be, his relatives, or in that matter his own brother, devouring his flesh out of greed.

Thursday, November 14, 2019

Write a Letter Requesting a Donation :: Donation Letter Security Safety

October 1, 2002 To Customer List Customer Address Line 2 Customer Address Line 3 Customer Address Line 4 Dear [Customer Name]: Will You Join Me In Protecting Our Community? I am sending this to you as a fellow member of the Rolling Acres community. I'm sure that you value living in a quiet and peaceful neighborhood, just like I do. You know, sometimes in order to keep one's community "quiet and peaceful" one has to take action. That's what this letter is all about - taking action - community action. By now, via media reports and word of mouth you must be aware of the significant increase in house break-ins in this neighborhood over the past couple of years. In fact, the break-in rate has more than doubled over the past three years. According to the police this is just a sign of the times changing as the economic downturn continues and local businesses and factories continue to close their doors for good. As you may know, a local Community Action Committee has been meeting over the past four months to try and find ways to reduce the break-in rate in Rolling Acres. Last week they released their recommendations on how to best combat the problem. Their primary recommendation calls for increased police and security patrols to supplement the local Neighborhood Watch program. They estimate that the extra cost to double nighttime (after dark) security patrols by Security Inc. will be in the range of $14,000 to $19,000 per year. Unfortunately, this amount is not included in this year's municipal budget allocation and there are no additional funds available to us. Therefore, as a concerned member of this community I have decided that my business will take the lead in assisting with this year's security control budget. Accordingly, Bubbas's Hardare will donate $1 for every $2 raised in the community to cover the additional security costs. I urge you to join me today in supporting this worthy cause for the common good of our community.

Tuesday, November 12, 2019

Development of the Resulting Trust Essay

A resulting trust is defined and described as â€Å"a situation in which a transferee is required by equity to hold property on trust for the transferor; or for the person who provided the purchase money for the transfer† (Martin 1993, p. 233). Thus, a resulting trust arises when a person holds a property for another notwithstanding the fact that the former has the legal title in his name but holds the property as fiduciary for the benefit of the original title owner of the one who gave value therefore. Robert Chambers (1997, p. 9) classifies the situations under which a resulting trust may arise as, i. e. â€Å"apparent gifts, trusts which fail and quistclose trust† which shall be discussed at length in the next section. Apparent gifts refer to properties which are transferred gratuitously in favor of another or consideration for its transfer and there is failure on the part of the recipient to prove that said property is given as a gift. Such failure creates a presumption that the recipient holds it in trust for the transferor (Chambers 1997, p. b11). This presumption, however does not apply in cases where properties are provided by the father to his children or husbands in favor of their wives. In this case, the presumption of advancement will have to apply, thus the recipient shall have the right to enjoy the property unless it is proven by evidence that the property was not given or transferred as a gift (Chambers 1997, p. 11). ‘Trusts which fail ‘refer to express trusts that have failed. This category is further classified depending on whether the transfer was made on trust, into 1) presumed and 2) automatic (Chambers 1997, p. 40). It is considered as automatic when the transfer is made on trust but some or all the beneficial interest has not yet been disposed of and presumed when it is not made on trust. There is a presumption of advancement that is created for one to hold the property in trust including the beneficial interest in favor of the other (Chambers 1997, p. 40). The third classification is quistclose trust. This term originated from the case Barclays Bank Ltd. v. Quistclose Investments Ltd. The case involved money that was loaned for a specified purpose was held in trust for the benefit of the lender when it became impossible to fulfill the obligation [Barclays Bank Ltd. v. Quistclose Investments Ltd. , (1970) A. C. 567]. Discussion As previously discussed, gifts which were not proven as such are considered apparent gifts which gives rise to application of the presumptions of resulting trust or advancement. Both of these presumptions are â€Å"presumptions of facts, that fact being the intention of the person who has provided property to another† (Chambers 1997, p. 11). In explaining the presumptions, Lord Diplock in the case of Pettitt v. Pettitt, clarified that the presumptions are the court’s manner of imputing intent when it is relevant and important as it affects legal outcome and there is no evidence from which to infer intent [Pettitt v. Pettitt (1969) UKHL 5]. These presumptions are but a â€Å"consensus of judicial opinion† and are susceptible to change. The rule is that based on primary set of facts, the presumptions will apply and from the set of secondary facts, court can now presume the intent of parties (Chambers 1997, p. 11). In the Pettitt case, the legal title to the home belongs to the wife alone. Lord Upjohn stressed that any conveyance of a property when placed under the name of one spouse is considered also conveying beneficial title over it to the named spouse [Pettitt v. Pettitt (1969) UKHL 5]. Any improvements made by the husband did not give rise to interest in the absence of any agreement. He dismissed the application of the doctrine of resulting trust by applying the principles in the case of Dyer v. Dyer (citing 2 Cox 92 set out in full in White and Tudor’s Leading Cases in Equity 9th edition Vol. II page 749) where the doctrine was rebutted by the fact that the nominee was a child. There is a presumption of advancement which means that it is presumed to have been given as a gift because of the parties’ relationship. The presumptions can only come into play in the absence of evidence from which intentions of the parties can be inferred from and absence of consideration. He argues that similarly, this rebuttal must apply in the case of a wife [Pettitt v. Pettitt (1969) UKHL 5]. Barry and Cassell (1999, p. 1) summarized the possible situations relative to family home into 1) â€Å"where property is paid for by two or more people, but is conveyed into the name of one of them—in this case there is a presumption which is created to the effect that the registered owner holds the property in trust for those contributed by paying the purchase price or mortgage payments of the property. Thus, a resulting trust arises. As enunciated in a landmark case of Lloyds Bank Ltd v Rosset (1991) a claim of interest would mean payments that should have been made are for the part of the purchase price or mortgage payment. Any other contribution is not deemed by law as a claim to interest except in cases of divorce or separation, where substantial contributions have been made pursuant to section 37 Matrimonial Proceedings and Property Act 1970 [Lloyds Bank Ltd v Rosset (1991), 1 AC 107]. The second situation would be when an owner of a property transfers said property to another. The latter therefore is presumed to hold it in trust for the former. This, however is a refutable presumption and may admit of proof of to the contrary (Barry and Cassell 1999, p. 1). The second type of resulting trust is an express trust which failed. The categories of this type were distinguished in the case of Re Vandervell’s Trusts by Megarry, J. as presumed and automatic (Chambers 1997, p. 40). Presumed resulting trust refer to a situation where a property is transferred by A to B. However, the transfer was not made on trust. In this case, there arises a presumption, considering the failure for a provision, the absence of consideration and any presumption of advancement, which B holds on resulting trust in favor of A (Todd 1998, p. 1). On the other hand, automatic resulting trust refer to â€Å"transfer to B is made on trusts which leave some or all of the beneficial interest undisposed of† (Todd 1998, p. 1). The automatic trust is automatically created by the failure to dispose the beneficial interest, in whole or in part to A. This does not require presumptions or intent. Another classification was devised in the case of Westdeutsche Landesbank Girozentrale v Islington London Borough Council [Westdeutsche v. Islington BC(1996) A. C. 669], as follows: a) in cases where a total or partial payment is made by A to B of a property in the name of B or in both A and B. A rebuttable presumption arises that the property or money is a resulting trust held for A or if property is under the names of both A and B, then in shares equivalent to the amount they have contributed. (Wilson 2007, p. 151). This presumption can be refuted by a presumption of advancement or evidence that A actually intended a transfer and b) when by virtue of an express trusts; the entire beneficial interest is not conveyed or transferred (Wilson 2007, p. 151). According to Megarry J. in the case of Re Vandervell’s Trusts (No. 2), the second type is an automatic resulting trust. However, it is should be stressed that resulting trusts are presumptions which arise due the absence of intentions and not imposed by law which in effect are constructive trusts (Wilson 2007, p. 151). For instance in the case of Re West Sussex Constabulary’s Widows, Children and Benevolent Fund Trusts, it was ruled that should the person abandons his beneficial interest in a trust property, the beneficial interest over the portion which was undisposed necessarily belongs to the Crown as â€Å"bona vacantia† [Re West Sussex Constabulary’s Widows, Children and Benevolent Fund Trusts (1971)] Ch 1]. The third type of resulting trusts is quistclose trust. The name originated from the case Barclays Bank Ltd. v. Quistclose Investments Ltd. [(1968) UKHL 4, (1970) A. C. 567]. Rolls Razor could not meet the dividend payment so it borrowed money from Quistclose Investments. This borrowed money was placed in a separate account at Barclays Bank which was opened specifically for the purpose of dividend payment. This dividend payment was not made and thereafter, Rolls Razor filed for voluntary liquidation. Both Barclays and Quistclose Investments filed a claim. The House of Lords ruled that the amount of money in the special account belonged to Quistclose because it was in the nature of a resulting trust [Barclays Bank Ltd. v. Quistclose Investments Ltd. (1968) UKHL 4, (1970) A. C. 567]. The requisites for a quistclose trust to exist: â€Å"the loan is for a specified purpose and does not create a trust in favor of the recipient and the lender does not retain full equitable ownership of it because it is transferred to the recipient upon the condition that it shall be used only for the specified purpose;† should the purpose fail, a resulting trust is created in favor of the lender; and, (Chambers 1997, p. 68). There are two level of trusts structure, i. e. primary which refers to the payment of the loan for the specified purpose and the secondary trust level which refers to the trust in favor of the lender should the loan be not used according to the specified purpose [Barclays Bank Ltd. v. Quistclose Investments Ltd. (1968) UKHL 4, (1970) A. C. 567]. Another case to illustrate the point is Twinsectra v Yardley, the moneys borrowed from Twinsectra for Yardley with an undertaking of the solicitor of Yardley was for the purpose of purchasing a property but the moneys were not applied to said purpose and thereafter Twinsectra sought to recover the loss. Lord Millett made a lengthy discussion of the quistclose trust that it is not contractual but fiduciary. It creates a primary and secondary trust. The lender acquires beneficial interest over the money subject to the condition that it shall be applied for the specified purpose [Twinsectra v Yardley (2002) UKHL 12]. Analysis & Conclusion The presumptions described above arise when there is no evidence from which the intentions of the parties can be inferred. These presumptions have been criticized as being outmoded and not in keeping with the realities of the times. One of the criticisms is the use and application of ‘imputed’ in intention. In the Pettitt case as well as in Gissing v. Gissing, a majority expressed dissent and rejection over the use of imputation and suggested the use of ‘inference’ [Stack v. Dowden (2007) UKHL 17, (2005) EWCA Civ 857, s. 125]. Inference refers to an objective deduction of the actual intent of parties given the acts and circumstances while an imputed intention is â€Å"one which is attributed to the parties, even though no such actual intention can be deduced from their actions and statements, and even though they had no such intention. Imputation involves concluding what the parties would have intended, whereas inference involves concluding what they did intend† [Stack v. Dowden (2007) UKHL 17, (2005) EWCA Civ 857, s. 126]. The presumption of advancement has been criticized as being anachronistic and weak [Pettitt v. Pettitt (1970) AC 777 p. 824]. Lord Diplock explained that it no longer finds relevance in the modern genre as it can only find application during the 19th century of the propertied classes while Lord Hodson opined that it may only be of some use when there are no living witnesses from which inferences can be made of the intent of the parties [Pettitt v. Pettitt (1970) AC 777 p. 811]. It also has been rejected as one which is gender biased. The presumption of advancement is grounded on situation where gifts are transferred by the father, fiance (male to the daughters, wives (female) and does not provide the reverse but possible situations. In fact, it was further criticized as being in contravention of the Seventh Protocol to the European Convention on Human Rights relative to equality of rights and responsibilities between spouses and their children including the enjoyment of these rights without discrimination based on sex (Law Commission 2008, p.2-3). There have been moves made by the UK government to abolish the presumption but the proposed bill did not get to the second reading (Law Commission 2008, p. 3). The presumption of advancement was also criticized for perpetuating illegal transactions. As in the case of Tinsley v Milligan, where spouses jointly bought a house but the title was placed under the name of one of them so that the other can collect social security benefits. When both separated, the House of Lords applied the presumption of resulting trust [Tinsley v Milligan (1994) 1 AC 340]. Another issue is the beneficial interest. Dr. Chambers, in his book Resulting Trusts believes that beneficial interest is in the borrower because the lender has neither intention to transfer the entire beneficial interest nor the intention to retain it and considering that the transfer of beneficial interest is not in its entirety, the resulting trust is the default trust [Twinsectra v Yardley (2002) UKHL 12]. The Court of Appeal in the Twinsectra case holds the belief that the beneficial interest is in suspense. Both analyses cannot however explain the reason why the Court of Appeal allowed proprietary relief/remedy against the recipient of the misapplied funds unless the funds belonged to Twinsectra even before the misapplication; otherwise, there is no logical explanation for allowing remedy in favor of the third parties [Twinsectra v Yardley (2002) UKHL 12. An analysis of the explanation of Wilberforce L. in the Barclays case of primary and seconday trusts reveals that the resulting trust will arise only after the moneys have been used for another purpose other than the one specified and consequently, the lender’s interest to secure the moneys will be after the breach of contract. Therefore, it can be said that the interest of the lender to secure the moneys would be too late for certain circumstances. The resulting trust only arises when the loan is misapplied or paid for a purpose other than the specified purpose. However, insolvency can be possible to occur and pre date this breach of contract. By following Wilberforce’s interpretation, the lender cannot make a claim of resulting trust because his security interest has not yet arisen (Hudson 200 p. 6). On the other hand, the Twinsectra case, Millet’s L. version is that equitable interest is retained through out the period of the contract of loan. This is precisely an express trust where the lender retains equitable interest from the time the loan is entered into therefore he has security of interest even before the breach of the contract (Hudson 200 p. 6). This however, involves retention of title which destroys the essence of a resulting trust. The preferred analysis would be that it should be an express trust. However, the UK judicial system has not enunciated this principle in a case before it. It was only in Australia that this was made (Hudson 200 p. 8). Much is to be desired in the reform of resulting trusts that the Law Reform would need to address in terms of legislation and its effects on other cases. Reference List Barclays Bank Ltd. v. Quistclose Investments Ltd. (1968) UKHL 4, (1970) A. C. 567, viewed 23 March 2008, Barry, R and Cassell, E 1999, Trusts and family home: resulting trusts. University of Essex, viewed 21 March 2008, < http://www. luiss. it/erasmuslaw/uk/Ingh5. html> Chambers, R 1997 Resulting trusts, Oxford University, Clarendon Press, pp. 1-45. Hudson, A 2006 Fundamental of quistclose trusts, viewed on 24 March 2008, Law Commission 2008, Presumption of advancement: does it have any effect in practice? Law Commission Law Reform UK web site, viewed on 23 March 2008, < http://www. lawcom. gov. uk/docs/presumption_of_advancement. pdf. > Lloyds Bank Ltd v Rosset (1991), 1 AC 107, viewed on 21 March 2008, http://www.bailii. org/uk/cases/UKHL/1990/4. html Martin, J 1993, Hanbury and Martin: Modern equity, 17th edn, London, Oxford University, pp. 1-226. Pettitt v. Pettitt, [1969] UKHL 5 (23 April 1969), viewed on 21 March 2008, http://www. bailii. org/cgi-bin/markup. cgi? doc=/uk/cases/UKHL/1969/5. html Stack v. Dowden (2007) UKHL 17, (2005) EWCA Civ 857, viewed on 23 March 2008, http://business. timesonline. co. uk/tol/business/law/article1704361. ece Tinsley v Milligan (1994) 1 AC 340, (1993) UKHL 3, viewed on 23 March 2008, < http://www. bailii. org/cgi-bin/markup. cgi? doc=/uk/cases/UKHL/1993/3. html> Todd, P 1998, Introduction: resulting trusts. Our World web site, viewed on 21 March 2008, http://ourworld. compuserve. com/homepages/pntodd/trusts/informal/res_tr. htm Twinsectra v Yardley (2002) UKHL 12 UK Parliament web site, viewed on 23 March 2008 < http://www. publications. parliament. uk/pa/ld200102/ldjudgmt/jd020321/yardle-1. htm> Wilson, S 2007, Todd & Wilson’s Textbook on Trusts, Eighth edn. , London, Oxford University Press, pp. 150-152. Westdeutsche Landesbank Girozentrale v Islington London Borough Council (1996) A. C. 669, (1996) UKHL 12, viewed on 24 March 2008, http://www. bailii. org/uk/cases/UKHL/1996/12. html

Sunday, November 10, 2019

Global Political Economy Essay

Sustainable development is defined as development that allows us to meet our current needs without destroying the means of livelihood of future generations. There are three basic elements of sustainable development: (1) economic growth; (2) social development; and (3) environmental protection. Undoubtedly, all of these elements concern our world as a whole. Thus, it is essential to acknowledge that the health of the planet is synonymous with the health of the living beings that occupy it. Protecting the health of the planet is the mutual responsibility of all citizens of the world. Since the planet is limited with respect to its size and resources, it is a sure responsibility of all governments of the world to collectively ensure that all citizens of the globe have somewhat equal if not absolutely equal access to its resources. There are countless ways to distribute essential resources relatively equally. What is required apparently is more practice than preaching; that is, governments must be diligently finding ways to overcome global economic and environmental problems, and acting on proposed solutions. There are plenty of global issues requiring immediate outcomes and solutions. It would be wise to answer their call with immediate action. The Wal-Mart Effect: How Wal-Mart Affects the Economy Wal-Mart Stores Inc. is the world’s largest retailer, able to force its small competitors to shut down business as well as drive down wages. On a positive note, the retailer helps to keep down prices or inflation, and productivity at a high level. Wal-Mart sells goods at unbeatable prices. It thus â€Å"strikes fear into the establishment of every new industry it considers entering (Shaw et al. ). † Presently, Wal-Mart is expressing its desire to enter the banking industry in the United States. However, the banking industry is thoroughly intimidated by the kind of competition it would have to deal with. Wal-Mart is certain to be of financial service to the low-income consumer – if it does enter the banking industry in the United States, full-fledged. At least one-fifth of Wal-Mart consumers are low-income families that cannot afford to pay the high prices charged by most consumer banks and financial organizations in the United States (Weston). Hence, many low-income families do not have bank accounts in the country. Wal-Mart would like to change that, by offering unbeatable prices in the banking sector as well (Zellner). Whether the retailer has a greater positive or negative impact on the economy is, therefore, debatable. Is Capitalism Good for the Poor? A large number of people around the world are of the opinion that capitalists make profits at the expense of the poor. Others believe that capitalists provide jobs to the poor, thereby raising their standards of living. In early September, 2006, a toxic waste dumping scandal of truly globalized proportions came to light in the Ivory Coast. The Probo-Koala, a tanker chartered by the London-based shipping company, Tranfigura, set off from Amsterdam carrying four hundred metric tons of petrochemical waste to dump in Abidjan, the port city of the Ivory Coast (Vidal; â€Å"Ivory Coast Toxic Tanker Impounded by Estonia†). Tranfigura informed the Amsterdam Port Services that the waste was absolutely â€Å"conventional (Vidal). † However, it was later discovered that the waste contained hydrogen sulfide, which happens to be a poisonous gas, smelling as rotten eggs (â€Å"Ivory Coast Toxic Tanker†). At least ten people lost their lives in the weeks immediately following the incident in the Ivory Coast (Vidal). Moreover, seventy five thousand people are known to have sought medical treatment with complaints of nausea, nose bleeds, breathlessness, vomiting, diarrhea, skin damage, headaches, and swollen stomachs (Vidal; â€Å"Ivory Coast Toxic Tanker†). This incident was recognized as an illustration of the growth of capitalism at the expense of the Third World, regardless of the fact that capitalists provide jobs to the poor and develop their economies in the process. Works Cited â€Å"Ivory Coast Toxic Tanker Impounded by Estonia. † Environmental News Service. 28 Sep 2006. 13 Nov 2007. . Shaw, Hollie, and Carrie Tait. â€Å"Wal-Mart eyes banking: Financial services in Canada: It’s a way to strengthen ties with its customers: analyst. † CanWest Interactive. 31 October 2006. 13 Nov 2007. . Vidal, J. â€Å"UK Class Action Starts Over Toxic Waste Dumped in Africa. † Guardian Unlimited. 8 Jan 2007. 13 Nov 2007. . Weston, Liz Pulliam. â€Å"National Bank of Wal-Mart? † MSN Money. 2007. 13 Nov 2007. . Zellner, Wendy. â€Å"Wal-Mart: Your New Banker? – Wal-Mart Can’t Be Or Own A Full-Fledged Bank – Yet – But Its Partnerships And In-Store Financial Services Are Giving The Industry Jitters. † Business Week. 7 February 2005.

Thursday, November 7, 2019

Asthma essays

Asthma essays Asthma is a condition of the bronchial tubes characterized by episodes of constriction and increased mucous production. A person with asthma has bronchial tubes that are super sensitive to various stimuli, or triggers, that can produce asthma symptom. In other words, asthmatics have special sensitivity that causes their lung tissue to react far more than is should to various stimulating factors or triggers. For this reason, people with asthma are said to have "twitchy airways." Some symptoms that people with asthma commonly experience are chest tightenings, difficulty inhaling and exhaling, wheezing, production of large amounts of mucous in their windpipes and coughing. Coughing can be frequent or intermittent, and can be loose-reflecting extra mucous secretion in the airways or dry and deep-reflecting tight bronchospasms. Not all these symptoms occur in every case of asthma. Sometimes people may have coughing without and symptoms for months or even years before it's realized that they are asthmatic. Interestingly enough, asthma symptoms are most severe at night, while we're lying down our airways narrow as a result of gravity changes. Also our lungs do not clear secretions as well at night, which leads to mucous retention, and that can increase the obstruction to air flow. Furthermore, at night our bodies produce smaller amounts of certain chemical that help to decrease airway spasms and keep airway tubes open. All of these factors add up to a greater chance of symptoms worsening at night. An asthma attack begins when the smooth muscles in the walls of the bronchial tubes start to tighten and narrow when they are exposed to a trigger when this bronchospasm occurs, air can't flow into or out of the lungs. To make matters worse, mucous enters the narrowed bronchial tubes and plugs them up, causing a further decrease in air flow. The bronchial tubes seem to close down, and air moving through these narrowed breathing passag ...

Tuesday, November 5, 2019

The Anticipatory It in English Grammar

The Anticipatory 'It' in English Grammar In English grammar, anticipatory it involves the placement of the pronoun  it in the usual subject position of a sentence as a stand-in for the postponed subject, which appears after the verb. It is also called an  extraposed subject. Anticipatory it  tends to place the emphasis on the verb or (more commonly) on the noun phrase that follows the verb.   When the subject works better at the end of the sentence,  anticipatory it is often the best way to go, and its commonly heard in everyday speech and found regularly in all types of writing. Shifting Nominal Clauses to the End Gerald C. Nelson and Sidney Greenbaum discuss nominal clauses in An Introduction to English Grammar (2013): It is unusual to have a nominal clause  as the subject of the sentence:  That they canceled the concert is a pity. Instead, the subject is usually moved to the end (the postponed subject), and its position is taken by it (the anticipatory subject):  It  is a pity that the concert was canceled. Here are some more examples: It  is likely  that well be moving to Glasgow. It  doesnt matter to me  who pays for my ticket.Its impossible  to say when they are arriving. It  has not been announced  whether negotiations between the employers and the employees have broken down. The exception is that nominal  -ing  clauses  are natural in the normal subject position: Having a good self-image  keeps me sane.Living in France  was a wonderful experience. Anticipatory It, Dummy It, and Preparatory It Bas Aarts, Sylvia Chalker, and Edmund Weiner sort through more grammatical it details in The Oxford Dictionary of English Grammar from  2014. In the first sentence below,  it is an anticipatory subject (the grammatical subject), and in the second  sentence it is an anticipatory object: It  is better  to have loved and lost  than never to have loved at all.I take  it that you agree with me. There  is considerable confusion in the usage of the terms available to describe the various functions of the word it. For some grammarians,  anticipatory it (used with  extraposition) and  preparatory it  are  identical, but they distinguish this usage from  dummy it,  as in  It is raining. Others use all or some of these terms differently or use one of them as an umbrella term. Examples of Anticipatory It It is a shame that the break-in wasnt immediately reported to the police.It is clear that inadequate resources will have an impact on the care of children with disabilities.  Its no concern of mine what happens in this village, so long as my customers dont quarrel when theyre in here. John Rhode (Cecil Street), Murder at Lilac Cottage (1940)It is time you stopped  working. You are the head of the family and it is right that you should be at home to see that everything is in order. Masti Venkatesha  Iyengar, The Curds-Seller in Best Loved Indian Stories, Volume 2 ed. by  Indira Srinivasan and Chetna Bhatt (1999)

Sunday, November 3, 2019

Critically analyse the situation facing Lucky MT, drawing on your Essay

Critically analyse the situation facing Lucky MT, drawing on your learning across the entire module. What recommendations would - Essay Example At the same time, one of the owner partners is not comfortable with the joint venture while the other is very comfortable. These issues may be related to the formation of the joint venture and the subsequent launch. It seems that a lot of issues were not looked at well including Lack of proper organization, lack of good launch and operation strategy, lack of a good exit strategy, diverging interests in the joint venture and the increasing competition from other companies in the same field and in other regions. Lucky MT needs to revise its strategy and come up with a better organizational structure, improved outsourcing strategies, international cultural management skills and drafting policies and regulations to be followed by the partner companies, the management of the joint venture and the employees. Addressing these issues can assist in encouraging common goals between the partners which is critical in withstanding the current storm of issues and to get more customers to increase profitability and encourage better growth. This information also provides knowledge to other companies that may be thinking on the lines of establishing joint ventures in the future. Lucky MT overlooked many things which are discussed below and recommendations provided. Nature of Joint Venture Business While Lucky MT found it necessary to form joint venture, which is beneficial to the company in sharing capital expenditures and risks, the company did not do well in this department. Looking at the company, it was initially founded by two companies. Later, the two companies decided that the joint venture, Lucky MT gets to a joint venture with another company in Singapore to participate in the international market better and more easily while getting a competitive edge. However, the partners in the joint venture overlooked the consequences of getting into joint ventures with international companies. As the partners confirm, the involvement in many joint ventures decreased the profit sh are of each partner involved (Lucky MT document Pages 3). When looking to get into joint ventures, the partners should look for businesses that can generate enough profits for all the partners involved. However, this was not the case for the Lucky MT. The partners chose the Electronic Manufacturing Industry which is quite profitable. However, this industry is capital intensive and also very expensive to maintain. Basing on that the company is relatively small; it would be a challenge to maintain the business. At the same time, the returns from the industry were quite small compared with the investment made in the Joint Venture in Singapore. The returns of the company were 2.5 million dollars in the year 2000. Being an international joint venture with several partners, this is little profit and each of the partners gets a little share of the profit. An international venture would be expected to generate good profits for each partner to get good profits. However, a joint venture gener ating good profits has been just a pipe dream. According to Dennis Campbell and Antonida Netzer (2009), joint ventures take a long time before they become profitable. In addition, they also take longer to break even which may be a challenge to the partners of the venture. Top of Form Bottom of Form This discourages many of the joint venture partners as they expect profits when they get involved in the ventures. It is no wonder that Dennis

Friday, November 1, 2019

Class learning log Research Paper Example | Topics and Well Written Essays - 750 words - 1

Class learning log - Research Paper Example The term competitive intelligence is not as old or common as marketing or finance, neither it is separable from the other operations of any organization. It signifies continuous effort of a company to maintain its position in the era of cut throat competition and bring value to its stakeholders. The two most significant learning in the Competitive Intelligence class for me has been the Intelligence Cycle and KITS (Key Intelligence Topics). Both these processes have different significance. The Intelligence cycle consists of stages of Planning, Collection, Analysis and Dissemination and an extension of the traditional competitive intelligence. At the same time, KIT is the process of identifying and prioritizing the key intelligence needs for the senior managers. Interestingly the six CI question of the beginning of the first class created much of interest. This class talked about the recognition and respect of the profession, applicability of law, disclosure of information, confidentiality of information, conflicting issues and ways to avoid conflicts of interests in fulfilling one’s duties, ethical standards and many more. This was the first experience of knowing understanding different aspect of business environment can bring an opportunity to leverage on as well as negligence can be fatal for the survival of the organization. Understanding of environment provides an opportunity to change it. Deeper is the profile and intelligence, broader is the understanding of elements of environment and easier it will be for a business professional to get clues from the environment as warning and develop strategies that can either help in preparing for unforeseen circumstances or leverage on that too. There are various terms given to competitiv e intelligence such as foresight, insight, environmental scanning, peripheral vision, competing through analytics and business