Concepts in Biology: Syllabus Essay

ATTENDANCE – It is important that you make every effort to attend all of the lectures. There is a high correlation between higher test grades and attendance. Please arrive on time and avoid leaving early. You are responsible for all lecture material and the assigned material in the text that is relevant to the topics covered in class. Preview the text before coming to class and have a framework for understanding the lecture material. After lecture read the parts of the text directly relating to lecture and review your notes before studying. You should study – at least – 3 hours for each 75 minute lecture. Attendance will be  taken – unannounced – throughout the semester. CELL PHONES AND TEXTING is a distraction to you, your neighbors and to the lecturer. Please turn off your cell phone before entering room 404E. Talking on your cell phone or text messaging during class is inappropriate behavior. LAPTOP COMPUTERS are also a distraction to others in the class. Please put your laptop away during lecture. You learn best by creating your own handwritten notes. EXAMINATIONS will be machine graded. YOU WILL NEED A #2 PENCIL for filling out the ScanTron forms. Exam scores will be reported to you on eLC. If you have any questions about your test  scores, check with Ms. Davis in the Biology Office (room 403). You should have a #2 pencil with you for every class! (attendance/ exams). Memorize your 810 number – you will need it for quizzes, exams and attendance checks. ACADEMIC HONESTY: â€Å"Whatever form it takes, academic dishonesty hurts everyone: It is unfair to other students, it diminishes the reputation of the University and the value of the degree it confers, and it can result in serious disciplinary action† (Dr. Robert Kirkman, Georgia Tech). As a student of the University of Georgia, it is your responsibility to become familiar with, understand,  and abide by the standards contained in â€Å"A Culture of Honesty†. Any person appearing to be academically dishonest will be reported to the office of the Vice President for Instruction. For more information regarding academic dishonesty, please consult â€Å"A Culture of Honesty† available on the web at www. uga. edu/ovpi/academic_honesty. htm. Ignorance of these regulations is not a defense in cases of infringement. The penalties for academic dishonesty can be severe. So, JUST DON’T DO IT! GRADES: There are four (4) fifty (50) question exams and a comprehensive final exam. Each correct  exam question is 2 points (100 points/exam). Exams will have a total value of 400 points. The final exam will have 100 questions worth 200 points. Total points for the semester are 600. 20 or more extra credit points will be available through unannounced attendance checks and quizzes. Final grades are based on your total accumulated points and will be awarded as listed below: Possible Points for the Semester Exams – 4 exams x 100 points / exam 400 points Final Exam 200 points Total 600 points Grade % Total points A 93 -100 558 A- 90 – 92 540 B+ 87 – 89 522 B 83 – 86 498 B-80 – 82 480 C+ 77 – 79 462 C 73 – 76 438. C- 70 – 72 420 D 60 – 69 360 F

1st and 2nd Peter

1st and 2nd Peter The Christians around the time I Peter was written were undergoing some intense persecution. Socially they were shunned, abused, insulted and ridiculed, and Peter realized that the circumstances were getting worse. Nero was Emperor of Rome during the time I Peter was written. He oversaw the persecutions of Christians. Peter wrote this letter to offer encouragement to Christians suffering this persecution. (I Peter 2:18-20) As a result the church in Jerusalem was being scattered throughout Asia Minor.Some of the ways Christians were being persecution during Nero’s time were, being nailed to crosses or sewn up in the skins of wild beasts and left in the sun to die a horrible and painful death. They were used as torches to illumine Nero’s parties. Through this time it was Peter who reminded them that Jesus has set an example for everyone and that although there is much suffering on Earth, they are promised an imperishable inheritance in heaven. It states in I Peter 2:21-23 that â€Å"this suffering is all part of what God has called to you. Christ, who suffered for you, is your example.Follow in his steps. He never sinned, and he never deceived anyone. He did not retaliate when he was insulted. When he suffered, he did not threaten to get even. He left his case in the hands of God, who always judges fairly. † That is what the letter rejoices. Although the Christians wanted so bad to get even with Emperor Nero and his people, they stayed humble, and pulled through their suffering (I Peter 3:9). The author calls Christians to be holy as God is holy, for they are a royal priesthood, a holy nation, and God’s chosen people.In the Bible it does state that as a Christian you have decided to not go back to the evil desires such as immorality and lust, feasting and drinking and wild parties and worshipping other idols, but you will be anxious to do the will of God (I Peter 4:2-3). The Bible says that there will be people who ar e surprised that you don’t participate in their wicked ways and they will say evil things about you and torture you (I Peter 4:4-5). This is much like the Christians during the time of Nero.Nero didn’t understand why Christians didn’t believe and worshiped like his people did, therefore he completely rejected their ideas and put them through a lot of torment. One reason for their persecution was their life-style as aliens and foreigners in the heathen culture. Peter wanted Christians to know that, yes, we as Christians are aliens and foreigners not only to Rome but also to this world. We are only visitors here, and in our short time we have here we must live and glorify God in everyway possible (I Peter 1:17 & 1Peter2:11).Nero is described to be fair- haired, with weak blue eyes, a rather large neck, and a potbelly. He came off to have a very strange mixture of absurdity. Nero was artistic, weak, sensual, bi-sexual, aggressive, extravagant, and later in life rat her disturbed. Early on in his ruling, Nero came across as very a civilized person. He gave the senate more freedom and considered ending the murder of criminals and gladiators in the arenas, he made city wide reforms and was very upset that the law required him to put 300 slaves to death over the fact that their master, a powerful senator, was poisoned by them.Many historians report that he was very reluctant to do it. Later on in his ruling he became absolutely obsessed with the arts, recreation, and sexual desires. He had many affairs and began to go about his evil ways once his mother began spreading rumors. The main reason Nero persecuted the Christians was because of something that happened during the burning of his city. It was around 64 A. D. when the Great Fire of Rome took place. Rome had 14 different districts and only 4 of them remained untouched.The fire burned for a total of 6 days and 6 nights. At that time, people started a lot of rumors about Nero, saying that he â €Å"fiddled while Rome burned† and this rumor spread throughout Rome, creating other rumors. People believed that Nero was the one who started the fire so that he could totally wipe out Rome and start a new city named after him in its place, also that he could build a better palace. Nero didn’t like the fact that people were spreading rumors about him so he decided he needed a scapegoat to blame the fire on.He chose the Christians. Nero’s attempt to use them to take all of the blame off of him failed. Everyone turned against him after this tragic event and the senate decided that he should be flogged to death. But instead of going through this humiliation, he made the decision to commit suicide. He died in 68 A. D. and during his 14 years he managed to establish a bloody reign of terror and to the world he will always be remembered as an insane tyrant. The culture around the time of Nero was rather interesting.Much of the furniture they used was couches, not too many chairs, and they almost always reclined even at the dinner table. The most popular room was the lavatory were there were rows of toilets with arm rests were people would sit and talk for an hour or more. Baths were equivalent to that of a modern day athletic club. There were several rooms including the sweat room and the warm room where sweat was scraped off by slaves because soap was unknown.Foot races, boxing, and wrestling were minor sports in this era but chariot racing and gladiator contests where the most amusing to watch. These events tie in to the persecution theme of I Peter. When Emperor Nero decided to blame the Christians for the burning, he threw them in to the arena and made them face gladiators and wild animals, killing them. Peter says that we should expect ridicule, rejection and suffering and that persecution makes us stronger because it refines our faith (I Peter 2:21-25).Nero completely rejected the idea of family. After his stepfather adopted him, he was e ngaged to his stepsister Octavia, and after awhile he became involved with a woman named Acte. As he became even more lustful, he began having an affair with another woman and his mother got enraged and sided with Octavia. He then attempted to kill his mother, more than once it was said. He tried poisoning her 3 times, he also tried to murder her by loosening her ceiling on a boat and almost drowning her but she managed to escape.After his failing attempts, he then hired an assassin who clubbed and stabbed her to her death in 59 A. D. Peter truly encouraged the idea of family life in the fact that he urged all family members to treat other with sympathy, love, tenderness and humility (I Peter Chapter 3). Finally, the theme that is found mostly in II Peter is the false teachings. One of the reasons that Nero persecuted almost all the Christians was that fact that they didn’t conform to the heathen culture that he encouraged during his reign.Heathen culture emphasize the import ance of relationships with gods and goddesses, ancestors, spirits of the land, and other’s in the community. Since the Christians living in Rome at the time believed in the one true God they were mocked and tortured, but in no way did they give into the false teachings that were in their surroundings ( II Peter chapter 2) Works Cited Nosotro, Rit. â€Å"Nero. † 13. 05. 2007. 13. 05. 07 . Christian, Imanual. â€Å"bible. org. † I Peter: how should we live in a Pagan Culture. 13 May 2007 .

Aesthetically Pleasing Efficient Intelligent Building Skins Engineering Essay

Aesthetically Pleasing Efficient Intelligent Building Skins Engineering Essay Architecture is no longer static and unchangeable – instead it is dynamic, responsive and conversant – The idea that building skins reflect the skins of living organisms: properly designed, they breathe, change form, and adapt to variations in climate – But can highly efficient intelligent skins still be aesthetically pleasing? â€Å"A building becomes a chameleon which adapts. A properly equipped and responsively clothed building would monitor all internal and external variables, temperature, hygrometry and light levels, solar radiation etc, to determine the best energy equation given these conditions and modify the building and it’s internal systems accordingly. It is not too much to ask of a building to incorporate, in its fabric and its nervous system, the very basic vestiges of an adaptive capability.† (Rogers 1978) The aim of this paper is to explore the notion of incorporating intelligence into a buildings faà §ade. The discussion about the energy efficiency of faà §ades has inspired many architects to no longer view the building envelope as static but as a dynamic being, that can adjust its shape, surface, function and interior spaces in real time in response to intelligent controls that monitor active feedback from the environment. Solar and wind energy, daylight, and water can be captured by buildings and reused efficiently. An Intelligent building is one that combines both active features and passive design strategies to provide maximum user comfort by using minimum energy. The intelligent faà §ade forms part of the intelligent building, it is what protects the inhabited interior whilst controlling exchanges between inside and outside at the envelope level. The plan being to respond effectively to changing climate conditions and inhabitant needs in order to improve functional performance. A buildings faà §ade doesn’t just play a key role in the sustainability of a building; adding to both energy efficien cy and the quality of the internal climate. It is also a fundamental part of the building’s aesthetic, adding to the structural outline and defining its visual impact on the urban surroundings. A faà §ade can only be described as intelligent when it makes use of natural renewable energy sources such as solar energy, airflows or ground heat to meet a building’s requirements in terms of heating, cooling and lighting. The idea that the fabric of a building can increase its interaction and response to external changes and internal demands with a prime objective of lowering the environmental load is an exciting concept. The facades almost become local, non-polluting energy suppliers to the building. The notion of intelligent building facades is not a new idea; however the implementation of high-tech skins has been slow. While fashionable and almost certainly advantageous, sceptical architects are afraid that operable components are magnets for value engineering or foresee them being stripped off their buildings in the future due to poor performance or poor maintenance. However, the rising cost of energy, latest environmental initiatives and the focus on the green propaganda has put great responsibility on architects and engineers to make continuous energy savings and this must be achieved through effective building design and clever management. Almost seven years after the European Union passed legislation requiring property owners to report on the energy performance of their buildings, a new round of tougher regulations is under way. Plans to revise the Energy Performance of Buildings Directive (EPBD) in 2010 are expected to result in even tighter emissions targets for new buildings. Gradually more and more architects are beginning to enjoy automating their facades rather than leaving energy-efficient functions to chance. Consequently, the crucial boundary connecting the interior environment and the elements is getting more consideration and consequ ently more animated.

The use of ultrasonography in the diagnosis, staging and therapy of Essay

The use of ultrasonography in the diagnosis, staging and therapy of hepatocellular carcinoma - Essay Example Also, the incidence of HCC worldwide varies according to the prevalence of hepatitis B and C infections. In the US, the incidence is 4 cases per 100,000. In areas such as Asia and sub-Saharan Africa, the rates are as high as 120 cases per 100,000 (Stuart, 2006). It occurs more commonly in men than in women. The median age of diagnosis the United States and Europe  is 65 years. In the African and Asian countries where the incidence is high, the age of diagnosis can be even in the 4th and 5th decades. The median survival from the time of diagnosis is generally 6 months. Length of survival depends largely on the extent of cirrhosis in the liver. Cirrhotic patients have shorter survival times, and in cases of  portal vein occlusion, the prognosis is even worse (Stuart, 2006). Cure  through surgery  is possible in less than 5% of all patients. Due to the multifocality nature of the tumor and invasion of the tumor into portal vein, surgical resection can be performed only in 20% cases (Wu, 2005). Death in HCC occurs due to hepatic failure, cachexia, variceal bleeding or even due to tumor rupture and bleeding into the peritoneum. The patients generally present with symptoms related to cirrhosis like pruritus, jaundice, variceal bleeding, cachexia, pain in the hepatic region, increasing abdominal girth, splenomegaly and hepatic encephalopathy (Stuart, 2006). The etiology of cirrhosis could be alcohol induced, infections due to Hepatitis B or C, hemochromatosis, aflatoxin or even primary biliary cirrhosis, androgenic steroids, primary sclerosing cholangitis, 1-antitrypsin deficiency, Thorotrast radioactive contrast, oral contraceptives, and porphyria cutanea tarda (Stuart, 2006). In about 80% of cases, cirrhosis is the cause. However, 20% of cases are due to noncirrhotic, nonviral causes (Ulmer, 2000). Liver being the largest organ in the body varies considerably in size and configuration from

Paper work Assignment Example | Topics and Well Written Essays - 750 words

Paper work - Assignment Example for men going to work, economists agree that it also affects their overall productivity and concentration that magnifies itself in the total economic output. Grooming is becoming popular with men in the modern society and thus affecting other people’s perception about them. Studies confirm that more men care about their looks than their jobs. This conflicting scenario is wrought with myriad challenges worth highlighting. For instance, from a macroeconomic context, it affects performance because men neglect their duties at the expense of personal grooming. Research indicates that 44 per cent of men prefer to reduce weight. It, therefore, suggests that men are consumed by the celebrity culture that immerses them into a delusional and fantasy world that consequently affects their productivity and performance. In a macroeconomic context, behavior change is pertinent in influencing how markets develop and prosper (Rosin 123). However, markets are made of employees meant to achieve its goals and objectives. Notably, men form the largest number of this workforce. Their obsession with looks suggests that markets lose in terms of sustainin g the economy leading to infiltration and eventual domination by rivals. Another repercussion arising from men’s obsession with looks instead of their job is decision-making. Macroeconomics relies on decision-making to influence the economy from a national, global, and regional context. This means men should remain focused on their roles and responsibilities to avoid destroying the economy. Personal grooming is also time-consuming and this interferes with productivity through reduced output within the organization. Consequently, it affects savings and national income because people rarely meet their individual targets as stipulated by organization (Dwivedi 149). Likewise, fixation with looks results to lose of morale and that is dangerous in harnessing investment and deflecting inflation. Similarly, such fixation explains the decline

Dance Essay Example | Topics and Well Written Essays - 250 words - 3

Dance - Essay Example According to Clive Barnes () called them the group the Israeli children of the American Dance. By having different directors at different times, the choreography kept changing time and again. This made some critics conclude that the dance group is probably popular due to their strengths but not their artistic frontiers. However, this changed from the year 1990 when Ohad Naharin was made the artistic director. He had started his dance career with the group and therefore was not a stagger to the group. He choreographed for the group and it was not long before he had a name for himself. With time this group won the hearts of many especially in North America where the group has taking several trips for the past eighteen years. Most of the dancers in this group are between the ages of eighteen to twenty four. The group has also managed to win several awards in America and is well known as an acclaimed dance troupe internationally. In conclusion, this dance group ensures that they deliver their work to satisfactory. They have extraordinary dancers who showcase their extraordinary skills to satisfactory. This is group is a true testament of the fact that hard work

Zero Tolerance Policies for Schools Term Paper Example | Topics and Well Written Essays - 1500 words

Zero Tolerance Policies for Schools - Term Paper Example In most instances, such cases are rationalized as sacrifices that are necessary if zero tolerance has to be fairly applied and be effective in creating a deterrent effect. The purpose of this paper is to emphasize why zero tolerance in schools is an important legislative, judicial or public policy issue while elaborating on its potential direct effect on education. Literature Review Zero-tolerance policies have been adopted by various schools for various reasons. Some have adopted the policy for purposes of dealing with behavioral issues targeting alcohol/drugs, weapons, fighting within the school premises and threatening behaviors. As documented by the Center for Disease Control 2006, approximately 100% of schools within the district had prohibitions against fighting and weapons. About 80% had prohibitions against gang-activity whilst 90% had put in place zero tolerance policies against drugs such as tobacco and alcohol. The compulsory and free public education promise in the United States is a promise to access and equal opportunity to the â€Å"American Dream†. This promise has been found to be an illusionary one characterized by a history of segregation in the lines of race and class disparities. This extends to the gap in both quality and funding of schools. As a matter of fact, education policy shifts in the previous years have engineered the inherent public education inequalities that persist in the American society. Rather than the education policy creating an atmosphere of opportunity, engagement and learning, the educational practices currently operating are increasingly deviating from the very purpose of zero tolerance in schools. The growing pattern of expelling students from educational institutions through the... The compulsory and free public education promise in the United States is a promise to access and equal opportunity to the â€Å"American Dream†. This promise has been found to be an illusionary one characterized by a history of segregation in the lines of race and class disparities. This extends to the gap in both quality and funding of schools. As a matter of fact, education policy shifts in the previous years have engineered the inherent public education inequalities that persist in the American society. Rather than the education policy creating an atmosphere of opportunity, engagement and learning, the educational practices currently operating are increasingly deviating from the very purpose of zero tolerance in schools. The growing pattern of expelling students from educational institutions through the use of â€Å"zero tolerance â€Å"policies and tracking them indirectly or directly into the adult and juvenile criminal justice systems is what has been   referred to a s school to prison pipeline.Since time immemorial, schools have been characterized by both informal and formal tracks that direct students into different areas of the curriculum. However, the tracking of students out of their school environment into jail is a phenomenon that is new. Present policies have increased students risks of being expelled, arrested or suspended at school. The poor, disabled students, youth of distinct color to be precise the African Americans are disproportionately affected by the zero tolerance policy.

Do people choose whom they are attracted to Essay - 1

Do people choose whom they are attracted to - Essay Example People favor what they like, and are apathetic to what they do not like. We all make our own categories, in a very detailed manner. These vary from person to person. For example, when you ask a girl her preferences in a man she would not give you a single adjective. Instead she would say something like â€Å"she likes a guy who is over 6-feet and 5-inches tall; bald; wears glasses; and looks intelligent.† As she walks along she will turn her head towards men having these characteristics. She would give a guy who is over this height a glance. She would give him another look if she sees that he is bald and further attention when she notices him reading a Nature magazine. She might remember his face clearly until the end of a day. However, if the guys she meets do not fit in these categories, she would not remember anyone of them. Another example is a director in department store. His/her expectations of a good employee is someone who comes to work 15 minutes early, does not show her cleavage, smiles at all times, and does not carry her/his cell phone during working hours. The director would most likely look at an employee’s name badge if he/she comes to work early or possesses any of the above characteristics. If an employee meets the expectations of the director, that employee gives a really good impression on the director. The director will remember that employee come promotion time and would recommend him for a promotion. People pay attention to someone whom they are attracted to. This attraction is based on characteristics that they like and dislike. For this reason, two people who walk side by side the halls of the Pasadena City College will meet the same people but would later remember not the same set of people. They will remember different people, people having characteristics fitting their own likes and dislike, or

System Analysis and design (case study) Case Study

System Analysis and design ( ) - Case Study Example However, in the recent years, a significant development was observed in the digital world with the introduction of new technologies, tools and approaches implemented by various business enterprises and organizations in order to make the work more effective. Conversely, technological implementations in the business enterprises have created various complex challenges in addition to the remarkable opportunities1. Besides assessing the past advancements in technology, the article also delivered certain forecasted information based on qualitative terms. For instance, the article argues that in the recent year, business enterprises will be able to implement technologies more effectively in their business activities, which will ultimately benefit the businesses as well as the consumers. It is also assumed in the article that the enterprises will be able to make efficient utilization of cloud computing system, software algorithms and robust API’s. Moreover, the article also demonstrates that Information Technology will be more effectively integrated into the enterprise that will help in establishing better coordination and integration throughout its operational network. However, the business enterprises of present generation are completely based on applications in order to perform various critical business processes. An application delivery chain is therefore used, which is a combination o f both hardware and software, in order to deliver these applications2. Furthermore, with an argumentative narration, the author has also stated the IT projects that used to take several months or years for completion now-a-days take only a few days or weeks to complete, which has been highly beneficial in reducing the wastage of time and resources. Moreover, the authors criticize that even though the integration of mobile applications in the business enterprises is becoming popular, they are not being

Foundation of Business report about the Hairdressing firm called Essay

Foundation of Business report about the Hairdressing firm called Friends - Essay Example the role of David, this paper will make recommendations on how to optimize its overall functioning particularly in marketing, human resources, finances and operations. Friends, with their two hair salons, needs to focus on major marketing programs to revamp their declining fortunes. â€Å"Marketing provides the bridge between an opportunity and a purchase.† (Stapleton and Thomas). It should start with repositioning its hair salon business for the new generation market. With their aging and greying customer base, the potential to sell their services is minimized. â€Å"Retaining existing clients is a key to running your hair salon successfully but attracting new customers should be the aim of Friends hair dressing salon.† (bodycareblog.com) New age customers, the youth and the mid-aged market with their growing grooming consciousness, are the most lucrative market to tap into. The company needs to device appropriate and relevant marketing programs to capitalize on this high potential market. The remarketing should start with services they offer; then along with hairstyling they can offer some complementing beauty salon services. They should transform into a holistic hair styling and beauty care service, offering all hair and beauty service under one roof, which provides the real value for their money and conveniences for the customers. There are various marketing strategies that can be used to pull a large number of customers to the salon. Friends should increase the Ad spend, as it’s very critical to communicate their new positioning to the youth market. Also with competition closing in, the advertisements should be intensified. Advertising through magazines, direct mailing and the most important of all is time-investment. The most effective advertising options are magazines, brochures, or billboards with colorful, creative and attention grabbing content (bodycareblog.com). The company can distribute brochures in residential colonies, posh apartment, colleges,

Descriptive Chocolate Essay Example for Free

Descriptive Chocolate Essay | 1 Â ½ cups crushed chocolate wafer cookies| | 1 tablespoon granulated sugar| | 1/3 cup unsalted butter, melted| | | | Filling| | 1 Â ¼ cups granulated sugar| | Â ½ cup unsweetened cocoa powder| | Â ¼ cup cornstarch| | 3 Â ½ cups half and half cream| | 4 large egg yolks| | 3 Â ½ ounces semi-sweet chocolate, chopped| | 3 ounces unsweetened chocolate, chopped| | 2 tablespoons unsalted butter| | 1 teaspoon coffee liqueur| | 1 teaspoon vanilla extract| | | | Topping| | 1 cup chilled heavy whipping cream| | 2 tablespoons granulated sugar| | 2 teaspoons instant coffee| | Â ½ vanilla bean| | | | To Serve: chocolate-covered espresso beans| directions:Crust: Preheat oven to 350 F. Add butter and sugar to cookie crumbs and blend. Firmly press mixture into 9-inch-diameter glass or ceramic pie dish. Bake until crust sets, about 8 minutes. Cool. Filling: 1. Whisk sugar, cocoa, and cornstarch in heavy medium saucepan. Gradually whisk in half and half and then the egg yolks. Continue to whisk over medium-high heat until mixture thickens and boils, about 12 15 minutes. 2. Remove from heat and add both chocolates and butter, whisking until melted and smooth. Mix in coffee liqueur and vanilla. Transfer filling to crust. Press plastic wrap directly onto surface of filling and chill until filling sets, at least 6 hours. (Can be made 2 days ahead. Keep chilled and covered.) Topping: 1. Beat all ingredients in large bowl until peaks form. (Can be made 1 day ahead. Cover and refrigerate. Rewhisk to thicken and smooth before serving, if necessary.) 2. Peel plastic off of pie. Cut pie into fairly small wedges (it is quite rich). Spoon a good-sized dollop of coffee whipped cream on top of each slice. Garnish with chocolate-covered espresso beans and serve.after-thoughts:This pie would also be delicious served with plain, sweetened whipped cream and fresh fruit (strawberries, raspberries, grilled bananas).|

Change in Diet Essay Example for Free

Change in Diet Essay I began this class with very little nutritional knowledge. During week one of this class, it became evident to me that my eating habits were completely unhealthy. Before taking this course, my interpretation of eating right consisted of eating foods that I thought were healthy, and basically sticking to that particular meal plan. I started this class coming off of a self-created protein diet plan of my own. My diet plan consisted solely upon eating cereal for breakfast, chicken breast, white rice, and egg whites for lunch, and drinking a protein shake for dinner, every week on days Monday through Friday. For the weekends, I would basically eat whatever I wanted. The weekends were considered my grace period where I was allowed to ignore my diet for two days. About a week or two before the course began, I had completely stopped my protein diet, and I was basically back to eating whatever I had a taste for at any given time of the day. I had lost all discipline and obedience to my â€Å"healthy† meal plan. The amount of meals I would have each day varied from one meal a day, to two or three meals a day. Rarely was it consistent. I would skip out on breakfast on many occasions. On some days, I would eat solely junk food all day long. Water was almost inexistent in my life. Completing week one’s assignments gave me an opportunity to actually read how bad my eating habits were as I typed them in. I also learned that my once proclaimed healthy diet was in fact not as healthy as I thought it was. I also learned that I was missing key foods necessary to live a long and healthy life such as fruits and vegetables. Fruits and vegetables were nonexistent in my life. Vegetables, I never took well to. Fruits just did not seem as important to me as they should have been, and they definitely never satisfied my sugar craves. I learned the importance of fruits and vegetables. I learned that they provide the vitamins, minerals, and fibers my body needs to live a successfully healthy life. Throughout the course, I learned a lot about nutrition. I now know the difference between saturated and unsaturated fat. I am aware that all fat is not bad for the body. In fact, fat should be apart of every diet, and is required for healthy growth. This course has also given me a better perspective of dehydration. I now fully understand what dehydration is, and the causes of it. I am definitely more aware of the importance of drinking water. Currently, compared to week one of this class, my eating habits are totally different. I definitely see changes in my diet. From completing assignments mixed with personal research, I have learned that a person can actually gain weight from not eating enough. I learned that it is important for individuals to consume their recommended amount of calories each day in order to maintain a healthy and normal metabolism rate. A lack of food can slow metabolism. Metabolism burns fat. So of course, the first change in my diet was to make sure that I was consuming as close to my recommend amount of calories each day as much as I could. In result, I currently eat three healthy meals a day. Fruits and vegetables have become apart of diet. I am eating more fruits and vegetables now, than I ever have in my entire life. I am also making sure to eat a variety of fruits and vegetables compared to eating just one or two types. This course has helped me gain a better understanding of whole foods such as whole grains and wheat. I no longer eat white rice or white bread. I have substituted white rice with brown rice, and I have replaced white bread with whole grain wheat bread. These changes were not easy at all. I loved white rice and white bread. It was definitely a challenge making that transition. I have even made changes to the type of sandwich meats I eat. I have replaced deli ham with white turkey and chicken breast. For breakfast, I have stopped eating cold cereal and frozen waffles, and have started eating whole grain oatmeal with fruit slices. I still drink protein shakes after weight lifting. However, I no longer have protein shakes for dinner. From the course I have learned that oils are needed in any diet. In result, I have begun using olive oil with some of my dishes. I no longer use margarine, and have replaced it with real butter. I have eliminated any idea of a grace period and I try to eat healthy seven days a week. As mentioned early, I have learned a lot about dehydration and the importance of drinking water. I avoid all caffeinated beverages. I have eliminated sodas and other beverages from my diet. I drink milk, green tea, and one hundred percent fruit juices, but mainly water. Throughout researching, I have learned just how necessary it is to drink water. I learned that water helps the body’s organs function properly, water clears the body of toxins, and water helps burn calories. I learned the recommended daily serving of water should be eight to ten glasses, a minimum of 64 ounces. Upon learning this information, I have visited my local supermarket and have purchased a water bottle of 24 ounces. This course has taught me that many people mistake thirst with hunger, causing overeating and weight gain. I now consume 72 ounces of water a day. I make sure to fill and empty my water bottle three times a day. I have also created a system with accordance to my schedule where I eat dinner no later than 7:30 p. m. My workouts at the gym have also changed as well. Before, my workouts consisted solely on weight lifting. I have now made time in the beginning of my workouts for at least thirty minutes of cardiovascular exercises. The changes that I have made to my diet has really changed who I am as I person. I feel different, healthier. There has been a dramatic decrease in my stress levels. I am full of energy and happiness. I am now more aware of what I allow to enter my body.

Contemporary influences on design practice

Contemporary influences on design practice There are professions more harmful than industrial design, but only a very few by creating whole new species of permanent garbage to clutter up the landscape, and by choosing materials and processes that pollute the air we breath, designers have become a dangerous breed In this age of mass production when everything must be planned and designed, design has become the most powerful tool with which man shapes his tools and environments (and, by extension, society and himself). This demands high social and moral responsibility from the designer. Victor Papanek (1985) Design for sustainability is part of the bigger picture of sustainable development, a subject which has received considerable media attention in recent years due to a range of world wide crises which have manifested themselves as political problems: climate change, famine, disease and poverty. The evolution of sustainability Is been described as a series of three waves, with peaks and troughs of activity, that contribute to the momentum we see today (SustainAbility, 2006). The first wave occurred in the 1960s and 1970s with the birth of the Green Movement and the rise of Non Governmental Organisations (NGOs), such as Friends of the Earth and Greenpeace, which focused on driving change via government policy and regulation. The second wave occurred in the 1980s, set off by a range of economic crises (brought on by the collapse of the Berlin Wall) and environmental catastrophes (from Bhopal to Chernobyl) which prompted a range of legislation and environmental, healthy and safety standards. At this time NGOs used a number of high profile business transgressions to catalyse public debate and drive regulatory and market responses. The concepts of auditing, reporting and engagement within business entered the mainstream (SustainAbility, 2006). The new millennium saw the start of the third wave of sustainability. Unrest in the Middle East and elsewhere had led to a growth in anti-globalisation, often in the guise of anti-Americanism. The first World Social Forum, organised in opposition to the World Economic Forum brought together activists and NGOs from around the world, campaigning on issues such as trade justice and debt, and increasingly united on issues of water scarcity and exploitation. In the wake of another set of high profile business fiascos such as the Enron debacle, corporate governance and liability became a hot issue for top management and for financial markets. Meanwhile, businesses started to explore new partnerships with NGOs, for example Greenpeace and Shell shared a platform at the Johannesburg Summit, also Greenpeace formed a joint venture with Innogy to create the Juice wind power brand, which recently began to feed power generated by a huge offshore wind farm into the national grid (SustainAbility, 2006). Since the late 1960s when Victor Papanek (1971) first blamed the design profession for creating wasteful products and customer dissatisfaction, there has been a growing feeling in many environmental circles that design and manufacture is responsible for many of the man-made stresses imposed on the planet. A fact that is well illustrated by the fact 80 % of products are discarded after a single use and 99 % of materials used are discarded in the first six weeks (Shot in the Dark, 2000). Though this trend is expected to start to change with the introduction of new product focused environmental legislation, the fact still remains that mainstream product de ­sign draws on scarce resources to create and power products which often have little or no consideration for impact on society and the environment. Defining Industrial Design Throughout the nineteenth century, the term de ­signer was vague and ambiguous, referring to a wide range of occupations: fine artists, architects, crafts ­men, engineers and inventors (Sparke, 1983). By the twentieth century the profession of design had de ­veloped into Industrial Design as we know it today, existing in design teams and governed by manage ­ment structure (Sparke, 1983). Within industry, industrial designers tend to either work in-house, as a function of a larger organisation or as independent design consultants within a design consultancy that services a variety of different clients (Lofthouse, 2001). Within both of these capacities industrial designers can be involved in the design and development of both consumer and industrial goods (Lofthouse, 2001). This report focuses on consumer products. Within this sector, industrial designers can serve a wide range of industries such as pharmaceuti ­cals, packaging, and electrical and electronic domestic products, as such their outputs can vary enormously in terms of their nature and complexity. Design for Sustainability Emerges The concept of design for sustainability first emerged in the 1960s when Packard (1963); Papanek (1971); Bonsiepe (1973) and Schumacher (1973) began to criticise modern and unsustainable development and suggest alternatives. The second wave emerged in the late 1980s and early 1990s and coincided with the green consumer revolution. Writers such as Manzini (1990); Burall (1991), Mackenzie (1991) and Ryan (1993) began to call for design to make radical changes. This wave continued to gain momentum towards the end of the 1990s and early 2000s as design for sustainability became more widespread. Though there has been a long history of designers being mo ­tivated and interested in improving the environmen ­tal and social impact of the products they produce, there has been a lack of opportunity within the in ­dustrial context with case studies only starting to emerge from electronic and electrical companies in the early 1990s when companies such as Philips, Elec ­trolux, IBM and Xerox began to promote the work they had done in this area. Although large industry commitment to integrating environmental and social issues into product development has continued to be on the rise there has been little evidence of wide ­spread opportunity for this type of holistic thinking, in the commercial design industry. Design for sustainability issues are currently rarely addressed in the design brief (Dewberry, 1996; Lofthouse, 2001) and as such it is often difficult for designers to have the opportunity to engage with environmentally and socially responsible design in a professional capacity. This report aims to change this situation and encourage a more widespread ap ­proach to design for sustainability. Education In the past environmental and socially responsible design has not been specifically encouraged through design education and training. This is now changing for example in the UK programmes such as STEP and Sustainable Design Awards developed and run by the charity Practical Action are set up to encourage sustainability awareness in young designers working at National Curriculum key stage 3 and 4 (ages 11- 16) and A-levels respectively. Similarly projects such as DEMI (design for the environment multi-media implementation), and the pioneering work of the Centre for Sustainable Design, Goldsmiths College, Loughborough University and the setting up of a Toolbox for Sustainable Design (Bhamra and Loft ­house, 2004) which aims to help other lecturers develop sustainable design courses have helped to change this situation. Research in the field of design for sustainability is now well established, though it can still be consid ­ered a new area. Most of the developed nations now have some form of active research into design for sustainability, covering issues such as: implementa ­tion of legislation, eco-innovation, corporate social responsibility, product service systems, eco-redesign, impacts of user behaviour, design for disassembly and reverse manufacturing. Introduction. Challenge for Design Part of the challenge for designers is for them to fully understand the breadth of the agenda and appreciate what can be tackled under the umbrella of design for sustainability. Within the design community there is a general lack of awareness of many issues relating to sustainable development. Designers need to under ­stand and even communicate to their colleagues that design for sustainability is about more than recycling or using recycled materials. Design for sustainability offers a new and broader context for designing. Birkeland (2002) encapsulates this by presenting a new vision for design which is: Responsible redefining goals around needs, social/eco equity and justice. Synergistic creating positive synergies; involv ­ing different elements to create systems change. Contextual re-evaluating design conventions and concepts towards social transformation. Holistic taking a life cycle view to ensure low impact, low cost, multi-functional outcomes. Empowering fosters human potential, self-re ­liance and ecological understanding in appropri ­ate ways. Restorative integrates the social and natural world; recultivates a sense of wonder. Eco-efficient proactively aims to increase the economy of energy, materials and costs. Creative represents a new paradigm that tran ­scends traditional boundaries of discipline think ­ing. Visionary focuses on visions and outcomes and conceives of appropriate methods, to deliver them. This report aims to reverse the trend of design con ­tributing to global environmental and social prob ­lems by inspiring and empowering me to make a dif ­ference. It hopes to enlighten about the sustainability generally and show how better design can improve things. By considering the environment and society when you are designing you are able to offer your cli ­ents truly good design that meets their requirements and those of an increasingly fragile planet. In accordance with this report, I consider emergent in actuality the guide accomplished by Lunar Elements in july 2008. It represent a tool designed to help all designers, no matter what their level of experience, design more sustainable products. The designers field guide to sustainability- an overview of sustainable product development and the product life cycle Lunar Elements (2008) WHAT IS IT TRYING TO ACCOMPLISH ? Question the premise of the design Consider other approaches to the problem at hand Make is less complex Simple, elegant designs are often the least impactful Make it more useful Multiuse products can reduce consumption and in ­crease convenience HOW IS I T BROUGHT TO LIFE? Reduce material variety This can increase recyclability and can decrease man ­ufacturing energy Avoid toxic or harmful materials and chemicals PVC, polystyrene, lead and BPA for example Reduce size and weight This reduces emissions during shipping Optimize manufacturing processes Powder coat vs. paint. Pressure form vs. RIM Talk to your manufacturers about low energy, low waste alternatives Design packaging in parallel with products A green product in a wasteful package should be avoided whenever possible HOW I S IT USED? Design for Upgradeability Make standard internal components accessible and self explanatory Create durable and high quality designs Make products people want to keepand make them last Design for life after death A secondary use for a product adds value and helps reduce waste WHERE DOES IT END UP? Make it modular More easily repaired, and recycled Maximize recycled, recyclable, renewable, and biodegradable materials PET, Polypropylene, HDPE, Wood, Steel, Aluminum and PLA for example Minimize fasteners Fasteners add weight, material variety and assembly/ disassembly complexity Dont use paint Painted plastics are less likely to be recycled References Bhamra, T. A. and Lofthouse, V. A. (2004), Toolbox for Sustainable Design Education. Available at: www.lboro.ac.uk/research/susdesign/LTSN/Index.htm (Loughborough: Loughborough University). Birkeland, J. (2002), Design for Sustainability: A Sourcebook of Integrated, Eco-Logical Solutions (Sheffield: Earthscan Publications). Bonsiepe, G. (1973) Precariousness and Ambiguity: Industrial Design in Dependent Countries in Design for Need Bicknell, J. and McQiston, L. (eds.) pp. 13-19 (London: Pergamon Press, The RCA). Burall, P. (1991), Green Design (London: Design Council). Dewberry, E. L. (1996), EcoDesign Present Attitudes and Future Directions, Heskett, J. (1991), Industrial Design (London: Thames Hudson). Industrial Design Society of America (1999), IDSA web site. Available at: www.idsa.org Lofthouse, V. A. (2001), Facilitating Ecodesign in an Industrial Design Context: An Exploratory Study, Doctoral Thesis (Cranfield: In Enterprise Integration Cranfield University). Mackenzie, D. (1991), Green Design: Design for the Environment (London: Laurence King Publishing Ltd.). Manzini, E. (1990), The New Frontiers: Design Must Change and Mature, Design, 501, p. 9. Packard, V. (1963), The Waste Makers (Middlesex: Penguin). Papanek, V. (1971), Design for the Real World (New York: Pantheon Books). Papanek, V. (1985), Design pentru lumea reala (Bucuresti: Editura Tehnica) Ryan, C. (1993) Design and the Ends of Progress in O2 Event: Striking Visions, Schumacher, E. F. (1973), Small is Beautiful: a Study of Economics as if People Mattered (London: Sphere Books, Ltd.). Shot in the Dark (2000), Design on the Environment: Ecodesign for Business (Sheffield: Shot in the Dark) Sparke, P. (1983), Consultant Design: The History and Practice of the Designer in Industry (London: Pembridge Press Limited). Design for sustainability Sustainability (2006), Trends and Waves. Available at: www.sustainability.com/insight/trends-and-waves.asp.

Celsius :: essays research papers

Hot and Cold Winter is coming to the northern hemisphere, and with it, talk of central heating, gloves and scarves, snowfall, and record low temperatures. Monitoring temperatures is part of our everyday life — whether we're talking about the weather, our bodies, central heating, or cooking. In the United States, we typically measure temperature in degrees Fahrenheit. But in other countries, such as England, you'll get the weather forecast in degrees Celsius. Recipes will advise you to bake a pie at 205Â ºC and not 400Â ºF. In fact, the Celsius scale is the most commonly used temperature scale in the world. This week, we have special cause to wonder about the history of this scale, because November 27 is the 300th anniversary of the birthday of the man who invented it. Anders Celsius was born in Sweden in 1701. His parents didn't know that their son's work would one day make their family name an everyday word used by millions of people around the world. Meet Professor Celsius The world Anders lived in was very different than the world we know. Much of the knowledge that we now take for granted — such as the motion of Earth with respect to the Sun and planets — was only beginning to be understood then. In Europe, radical and brilliant scientists, such as Galileo and Sir Isaac Newton, had been developing new and revolutionary ways of understanding the workings of the world and the universe. The era was known as "the Enlightenment," and it was a good time for someone of Anders's ability to be working in the field of science. Anders's talent came from his family of academics: one of his grandfathers was a mathematician and the other an astronomer, and his father, Nils, was a professor of astronomy. As a child, Anders showed a natural flair for mathematics, but he developed a keen interest in astronomy and became a professor at the age of 29. So, how did a clever astronomer come to develop a temperature scale? The answer lies with the weather. When making observations of the night sky, Anders monitored the weather conditions, including the temperature. At the time there were a lot of different kinds of thermometers with different scales — by the time Anders started working on the problem of temperature measurement, around 35 different scales existed. (Compare this number with today, when three main scales are in use — Celsius, Fahrenheit, and Kelvin.

Searching For Independence In Dubliners :: Essays Papers

Searching For Independence In Dubliners James Joyce is the author of Dubliners, a compilation of Irish short stories that reflect on the feelings he associates with the city of Dublin, where he grew up in a large impoverished family. After he graduated from the University College, Dublin, Joyce went to live abroad in Paris, France. This action indicates a sense of entrapment that led to his desire to escape. The situations in his stories differ significantly, but each character within these stories experiences this sense of escape that Joyce had. In â€Å"An Encounter†, two boys make their first real move at being independent by skipping school to explore Dublin. In â€Å"Eveline†, the main character has a choice between taking care of her unstable father or leaving him to lead a new life with a man she has been seeing. In Joyce’s story, â€Å"The Dead,† a young man is thrown into deep human assessment, becomes unsure of who he is, and soon after is frightened of this newly discovered truth. The stories in Dubliners implicate this need for independence through characters in different situations and experiencing the feeling of entrapment. â€Å"An Encounter,† takes a unique approach in describing the need for escape through the viewpoint of a young boy. The story is written in first-person giving the reader an advantage in knowing the thoughts of the narrator. The narrator and his friend, Mahony, desire independence from their ordinary lives at home. They have read several stories about the Wild West that cause them to think about exploring the world outside of the one they already know. An incident that happens in school triggers the boys to finally make plans to skip school to go explore downtown Dublin. This is the major independent action taken on the part of the main characters and another boy, Leo Dillon. Obviously, school has become predictable and playing in the backyard is no longer satisfactory. The narrator describes school as a, â€Å"restraining influence,† and he, â€Å"began to hunger again for wild sensations, for the escape which those chronicles of disorder (storybooks about the west) alone seemed to offer me† (12). Parts of the story begin to demonstrate how the journey the boys have embarked on have awakened their senses. In the middle of the story, Mahony states it would be fun to board one of the large boats along the river, and set off to lands that they had only heard about in school.

Comparing Femininity in The Woman Warrior and King Lear Essay -- compa

Femininity in The Woman Warrior and King Lear  Ã‚        Ã‚  Ã‚   What is femininity? What role should women play in society? These are questions that humanity has faced ever since the first hunter-gatherer tribes developed. Gender roles, at least in the popular imagination, were clear; the men hunted for big game, the women picked nuts and berries. There were clear reasons for this - hunting required the brute muscular strength of the male, while gathering did not. But as humanity invented labor-saving devices, physical strength became less and less important to survival, while "mental strength" - strength of character - played an ever-increasing role. This is a phenomenon that we see played out in Shakespeare's play King Lear and Maxine Hong Kingston's memoir The Woman Warrior.    Any work of literature can be said to make a claim about the nature of femininity; even a work with all male characters would be notable in this respect for the absence of females. But these two works are notable because rather than showing females in their "traditional" passive roles, they are made into active figures. Though the two works are vastly separated in space and time, they both make the same essential claim about the nature of woman. They make the claim that women can, and should, be empowered, and that the idea of the "woman warrior" is not a dream, but a viable reality. In order to show this, the character in each work that best exemplifies this "modern spirit must be considered. In King Lear, this is Cordelia, although the choice is superficially unobvious. In The Woman Warrior, the narrator - Maxine, for the sake of brevity - is the only female character well enough known to the reader for any empowerment to be perceived. In order... ...o begin the essay with the quote below:   The last thing I wanted was infinite security and to be    the place an arrow shoots off from. I wanted change and    excitement and to shoot off in all directions myself, like    the colored arrows from a Fourth of July rocket. Sylvia Plath, The Bell Jar (68)    Works Cited Feldman, Erica. Personal communication. 28 Sept 2000. Kingston, Maxine Hong. The Woman Warrior. New York: Vintage International, 1975. O'Brien, Tim. "How To Tell A True War Story." The Things They Carried. New York: Penguin, 1990. 73-91. Plath, Sylvia. The Bell Jar. New York: Harper and Row, 1971. Rolfe, Alex. "Fa Mu Lan: an autobiography." The Woman Warrior reaction papers. 2000. Shakespeare, William. King Lear. 1608. Ed. Barbara A. Mowat and Paul Werstine. New York: Washington Square Press, 1993.      

Health industry’s research Essay

Chou et al publication on health coverage and the health industry’s research and data analysis from current population survey has it that; about fifty four percent of United state citizen population had employer’s sponsors health insurance in 2006 with five percent (5%) having non-group insurance and almost sixteen percent (16%) of the total population are currently uninsured, several report shows that these set of people i. . the uninsured people receive less protective care, most of which are diagnosed at more complicated disease stages and tends to be given less beneficial care thus having higher mortality rates (Chou, 2009). The lack of insurance has unpleasant effect on the uninsured populace, regardless, the uninsured faces high out of pocket spending than their insured counterparts. eferencing the report of Bureau of Labor Statics that generally employment will increase about 10% between 2006 and 2016 therefore employment opportunity for homecare aids personnel will raise about 51%, automatically opportunities for physical therapist subordinates are expected to increase, more so, job opportunities for registered nurses will increase by approximately 24% though this statement look promising but what is not clear is, to what degree are these employment in health care associated to insurance coverage (p. 282). Result of research analysis carried out these experts indicates that differences in uninsurance rate exist in the health care labor force the disparities diverges extensively with relevance to the health care industry along with other industries and employees category, for instance employee working in ambulatory unit and residential care are liable to be uncovered hence health care personnel in nursing home and residential situate earn less, this factor can be associated to higher rate in uninsurance. However, most low salary earner cannot meet the expenses of first-class health insurance even when coverage is presented their employer (p. 2285). Chou et al in their final analysis statement affirm differences in uninsurance exist in the United States health care labor force and about 1 out 8 in the healthcare workforce require insurance coverage. Implementing policies distinctively meant to ensure adequate insurance for health care worker will not only aid the workforce but will promote of the health entire citizen (p. 287). Conversely, Das and Das made it clear in their publication â€Å"Health Care in the United States: Why is Price So Sensitive? † that the soaring health care rate has an unpleasant effect on productivity causing a negative impact in production in all industries at large. They added that the inability of consumer to be able to afford better health care was due to declining wages. As a result of this the United States comparative advantage becomes a nonissue (p. 462). Relatively wages increases situation forces the consumer and health care workforce with low income to exhausting a greater portion of their income on health care, obtainable literature could not explain why the rate of health care in the United Sates is increasing and why majority of the populace are not in the insurance network. It is not possible to explain the survey of price insensitivity to health care supply by examining the health care sector only consequently it must look into the interrelationship between health care and non- health care sector on the United States economy. The authors’ uses partial equilibrium model in their studies to explain the lethargic development of health care amid price inelasticity but the model cannot explain why health care supply is in elastic initially. Further disturbing issue relating to increasing health care cost is the high cost of comparative advantage of United States industries through labour productivity of the U. S. research conducts by other professional mentioned in Das and Das publication indicated that health related issue result in lost of economic productivity (p. 463). Further econometric study by the authors show that states with higher per capital health care cost have lower labour productivity in all U. S production industries either health or non health (p. 466). In order to put an end to this effect the authors indicated that partial equilibrium models will not enough rather the use of general equilibrium model should be employed. Conclusively, they derive evidence that health care rate is raising sharply in the U. S making the United States a major spender on health care, it was derived that increasing health care cost provides a negative externality by reducing labour productivity. The investigation provides clarification of the general equilibrium model of the health care and non-health care sector where higher health care rate reduce labour productivity. On the other hand, (Thompson and Cutler 2010), in the Benefits Quarterly, published a report on the health care consumerism movement. The publication was centered on the birth of health care consumerism movement which started as a result of the need to take care of the factors that contributed to the increase in health care costs and the backlash to managed care. According to the authors, the factors include â€Å"lack of consumer awareness of the cost of health care service, the effect of health care on profits and wages, and the need to engage consumers more actively in health care decisions† (p. 24). Additionally, the gaps which they identified included the fact that consumers do not have the required knowledge and education and therefore are disparate participants in the â€Å"provider-patient partnership† (p. 26). They also stated that the regular need of customers to seek expert guidance from professionals when in need of health care information make the customers feel under qualified when trying to determine the value of the required health services. Furthermore, they opined that most consumers would prefer feeling more in charge of the choices that are offered to them after which they identified the need for incentives in order to get the attention of both consumers and providers as one of the gaps in health care consumerism today. The researchers then moved forward to highlight some keys that are vital in sustaining the health care consumerism strategy after which they highlighted the role of the community in ensuring that good health is collectively achieved. In doing this, they emphasized on the importance of the employers incentives, wellness programs and other activities that could boost their employees’ health. The article was concluded by the researchers stating that there should be a communal approach by all the stakeholders in the health care system to better shape and simplifies the consumerism movement. In the same publication as the previously mentioned researchers (Benefits Quarterly), Domaszewicz, Havlin, and Connolly presented an article on health care consumerism as well, but this time, considered incentives, behavior change, and uncertainties. This article was directed at providing some lessons that will serve as a guide for employers who are presently thinking of implementing â€Å"a consumerist approach to improve employee health and control the cost trend† (p. 29), on the necessary courses of action. The researchers asserted to the fact that most organizations would strive to contain costs in all ramifications especially in health care benefits so as to curb the after effects of last year’s global economic meltdown. In order to curtail the effects of this on the employee, Domaszewicz et al. suggested that the employees should employ lower-cost options such as consumer-directed health plans (CDHPs) which are high-deductible plans that contain employee-controlled spending account. The employee-controlled account consists of a health savings account (HSA) or health reimbursement arrangement (HRA). The researchers however claimed that CDHPs are just the beginning and should therefore be followed with a â€Å"robust incentive- and value-based designs for health management† (p. 30). The researchers further highlighted the issues involved in the debate between â€Å"changing behaviors† versus â€Å"changing outcomes† after which they stated the several ways through which the employee can achieve the target of both taking action and achieving positive results. In addition, the researchers averred that incentives could take many forms and therefore recommended the right incentive mix after which they cited a case example. The researchers did not fail to mention the uncertainty that is evident in health care reforms and the measures that employers are taking against it. In summary, the researchers posited that the new strategies carry their own element of risk and as a result, they pointed out a few general lessons that can guide the cause of action. Comparison and Contrast of the Findings Chou et al in their publication investigated the rates of uninsurance amidst employees in the United States health care workforce via the health care industry, its sub category, and workforce. They used the 2004 to 2006 National Health data survey in assessing the rate of health insurance coverage by employing the use of multivariate logistic regression analysis to estimate the probability of uninsured workers in the health industry subtype (p. 2282). On the other hand, Monica Das and Sandwip K.  Das examined the insensitivity of price with regards to health care in the United States as a means of increase health care rate, it’s unpleasant effect and negative impact productivity in all production industries, they formulated a two sector model of the United States economy i. e. the non-health sector and the health sector employed the use of general equilibrium model and econometric model based on interstate production function for the estimation in providing explanation with a two sector general equilibrium model where higher health cost reduces labor productivities in both health as well as non-health sector (p. 72). Both publications were centered on the cost effects of Health Care in the United States. The difference in their manner of approach however, lays in the fact that while Das and Das concentrated on the insensitivity of the price of the supply of Health Care services, Chou et al. focused on the rates of uninsurance. However, Michael Thompson and Charles M. Cutler in their analysis examined the health care consumerism movement taking step forward, considering the rise in health care cost and lack of consumer awareness of the cost of health care services. The publication reviews the movement in health care consumerism and further identifies the gaps within recent health care consumerism; more so, the authors scrutinized the lack of consumer awareness of health care service cost, the effect of health care on wages, the need to engage consumers more actively in health care decisions, what sustainable health care consumerism framework should entail and what role on the community play in the movement of consumerism. From a similar perspective, Domaszewicz, Havlin and Connolly, examined Health Care Consumerism in a different context in their publication, the article focused on incentives, behavior change, and uncertainties. Presented in the article, are the methods of approach for employers thinking of implementing â€Å"a consumerist approach to improve employee health and control the cost trend† (p. 9), the authors however recommended that employees should utilize lower-cost options for instance the â€Å"CDHPs† that control employee-controlled spending account, the account which consists of Health Savings Account or the Health Reimbursement Arrangement and not failing to point out the uncertainty that is evident in health care reforms and the measures that employers are taking against it. The main difference between their manners of approaching the topic is that Thompson and Cutler discussed the birth of the consumerism movement, the gaps present and some effective keys that will enable the development of a sustainable health care consumerism network, Domaszewicz et al. based their publication on the provision of guidelines for helping employers on implementing a consumerist approach that will be of benefit to their employees’ work health. Synthesis  Juxtaposing the findings from the contributions of these articles, it will be observed that the ideas behind what the authors of the four publications centered on the need for the improvement of the health care system as a whole. From the insurance aspect of the health care system, to the general pricing system of health care services, and the health care consumerism movements. The four publications all raised various concerns on the need for better health care for the teeming populace which includes the health care professionals who make the services available and the consumers to whom the health care services are rendered. It should be agreed that increase in health care costs and the effect of health care costs on profits and wages, have an adverse effect in the supply of health care in the United States and unfavorable impact on labor force productivity creating a negative production externality in all industries. The results of the findings presented by the authors have shown that there are evident lapses in some aspects of the present Health Care system and there is a pressing need therefore, to right the wrongs found and presented by these authors.

Ethics and Gender Roles

In order for a particular product or service to be successful in the industry, it needs to be clearly positioned within its market. The positioning should reflect the needs of the customers as well as the position of the company in relation to competitors. Depending on the positioning, the marketing team can decide what attributes of the product to amplify in their campaigns and what steps will be required to form the proper connections to the customer.Furthermore, the position adopted by a firm also impacts brand equity, as in, the kinds of associations customers make to the product, their level of loyalty, and brand awareness. The main ethical issue in advertising is the depiction of men and women in their stereotypical gender-roles. Men are usually depicted as powerful, successful, driven and dignified. Women on the other hand are increasing being depicted as sexualized objects often dependent on men. One of the main ethical issues is that in many of the ads the women serve mainly as a â€Å"decoration† i. . they have no functional relationship to the product being advertised. For example, Axe is well known for its over sexualization of women in its ads to sell men’s personal care products. Another trend seems to be the use of only parts of a woman’s body in advertisements particularly a woman’s breasts and legs as stated by Jean Kilbourne in her movies â€Å"Killing Us Softly†. The implications of such practices are even greeter because of the number of ads that consumers are exposed to daily through television, newspapers, magazines and billboards.It is estimated that this number has grown from 500 ads daily in 1970 to 5000 ads a day in 2009 (Johnson, 2009). The messages imparted by ads, if they are repeated over long periods of time as in the case of gender roles in society, can distort perceptions of what is realistic as well as what is right and wrong. Since women are repeatedly cast as submissive sexual objects whose place is primarily at home or in traditional occupations of nurses, teachers, secretaries the ads in a way are telling the society what to think.The primary critical players are the consumers who are being marketed to and the secondary players are the firms marketing the product. The consumers and the society at large are deeply affected by the ethical implications of ads mainly because of the values, beliefs, attitudes, propagated by them. Implicit in these values and beliefs is some level of â€Å"standard setting†. For example: in many Vodka ads that primarily market to women, excessive drinking is glamorized and implied as a â€Å"standard† behavior wherein women alternate between â€Å"good girl vs bad girl† roles.If (and it often is) this message is subconsciously or consciously understood and adopted as a lifestyle, it can have far from positive manifestations such as a binge-drinking culture that is widespread among college students which leads to other consequences such as alcohol poisoning, accidents, and ill physical health of people who try to simulate what they learn from ads, in real life. There is also a disturbing trend of ads romanticizing sexual assault and domestic violence to sell products (Capella, 2010). This can invariably lead to a spread in unhealthy social conditions.Marketing personnel are critical players because they formulate the ads. Some campaign creators do not agree that their actions may be unethical. In fact, they state that the ads reflect consumer behavior and expectations. It is also argued that there is generally â€Å"positive† reaction to beautiful males and females placed in ads which not only increase the attractiveness of the product but also the chances of increased sales precisely because of the employment of the same techniques that are being called unethical (Reichert, T. LaTour, M. S. , Lambiase, J. I. , & Adkins, M. 2007).. The decision alternative is to essentially rethink the kind s of messages that the firm wants to put forward. It is not unethical to use healthy and reasonably beautiful women and men in ads, rather, it is the wholesome vs derogatory manner in which they are shown that makes the ad questionable. Firms should avoid focusing on the sexually provocative body parts of women (and increasingly men) to sell an unrelated product.They should avoid glamorizing undesirable social behaviors such as promiscuousness of both sexes, over-drinking, drugs, or unhealthy lifestyles. In contrast to superficial ads, they should actively seek out methods to connect with consumers on a deeper level than physical attractiveness or sexual gratification. An excellent example of this is Dove’s efforts to touch on a more genuine vein. Furthermore, firms to focus on minimizing the use of ‘decorative’ male/female i. e. here should be a connection between the product being advertised and the person advertising it. The implications for the critical playe rs are hard to quantify. Women and men have been depicted in their expected roles exhibiting their stereotypical traits for a very long time. One reason this has persisted, unfortunately, is that is a successful method. Everyone wants to beautiful, glamorous, and desired and the marketing industry has picked up these human traits to turn them into profits.Therefore, for the marketing firms, adopting an alternative strategy to work as well as the unethical methods they have been using for so long will be very challenging. However, as Dove has proved, this is not impossible especially in the face of increasing concern over how men and women are depicted by the media. In the long run, a more wholesome strategy can lead to stronger brand equity through increased brand loyalty and positive brand associations. For the consumers, a more ethical and realistic representation of men and women will lead to positive impacts.People may stop exhibiting extreme behaviors to satisfy standards set b y the marketing world and be more self-satisfied, have higher self-esteem and satisfaction with their identities. The objectification is not spread to children, particularly young girls, such as the Oh Lola! perfume by Marc Jacobs. Not only does the model look like an underage girl (which is perhaps intended) but she is sitting suggestively(Exhibit One). Therefore, it becomes necessary to clearly define what is acceptable and what isn’t. Work Cited Capella, M. L. , Hill, R. , Rapp, J. M. & Kees, J. (2010). The impact of violence against women in advertisements. Journal Of Advertising, 39(4), 37-51. doi:10. 2753/JOA0091-3367390403 Johnson, C. (2009, February 11). Cutting through advertising clutter. Retrieved from http://www. cbsnews. com/8301-3445_162-2015684. html Reichert, T. , LaTour, M. S. , Lambiase, J. I. , & Adkins, M. (2007). A Test of Medi a Literacy Effects and Sexual Objectification in Advertising. Journal Of Current Issues & Research In Advertising (CTC Press), 29 (1), 81-92. Exhibit One—Picture of Marc Jacobs Ad

Employment Responsibilities and Rights Essay

Learning Outcome 1. 1.1 List the aspects of employment covered by law. Aspects that are covered by law are as followed, anti-discrimination provisions to protect against gender, race, disability, age, working hours and holiday entitlements. Sickness absence and sick pay. Data protection for personal information. Health and safety. Criminal records Bureau (CRB) checks when starting work within a healthcare setting. 1.2 List the main features of current employment legislation. The main features are as followed, minimum wage, hours worked, Discrimination, health and safety, holiday entitlements, redundancy and dismissal, disciplinary procedures, training and union rights. Health and safety laws cover the work conditions, and minimum wage and other laws set basic compensation levels. There’s also the disability act, manual handling operations and regulations, data protection act, general social care council code 2001 and RIDDOR. 1.3 Outline why legislation relating to employment exists. Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as safety standards, holiday entitlement, maternity leave, redundancy payments, discrimination laws, maximum working hours and age requirement. 1.4 Identify sources and types of information and advice available in relation to employment responsibilities and available in relation to employment responsibilities and rights. Sources of information and advice can be found in the HR department, from your line manager or your manager’s manager. The Citizens Advice Bureau, community legal advice, trade unions, additional learning support and from representative bodies. Read more:  Employer and Employee Statutory Rights and Responsibilities Learning Outcome 2. 2.1 Describe the terms and conditions of your own contract of employment. The terms and conditions of my contract of employment are the commencement date of which I started working for the organisation. Information about my probationary period where it explains that the first three months of my employment will be probationary so that I and the organisation can assess the suitability of this arrangement. My contract states my job title, which is care assistant. There’s information about the pay rate during the week  and a different rate of pay at weekends and bank holidays, along with how often we are paid. My normal hours of work each week and holiday entitlement are stated. Which explains that I’m entitled to 28 days holiday a year but only permitted to take a maximum of 10 days at any one time. Also listed is information about sick pay and how much notice to give when leaving the organisation. My contract explains about the uniform that is provided. There’s i nformation about the CRB checks that every member of staff has when starting. 2.2 Describe the information shown on your own pay statement. The information on my pay statement is my name, national insurance number, tax code and the dates of the four weeks that I have been paid for. It details the amount of hours worked for the four weeks with the rate of pay for weekdays, weekends and any bank holidays or holidays booked during that time and the value. There’s a list for tax deductions and national insurance deductions. The total amount of tax paid since working for the organisation. At the bottom of my pay statement there is the total gross pay which is the amount earned before tax deductions. Underneath there is the total amount of tax deductions for the four weeks. The net pay is the amount left over when tax deductions have been taken away from the total gross pay. 2.3 Describe the procedures to follow in an event of a grievance. The grievance should be raised verbally with your line manager or manager’s manager. It should be done in confidence giving full details and sufficient time to consider the facts of the case and where appropriate take remedial action. If your line manager not be able to satisfactorily resolve the grievance, the matter should be referred either verbally or in writing to the home manager whose decision will be final. An employee is entitled to have another person present at any stage of the procedure. 2.4 Identify the personal information that must be kept up to date with your own employer. Personal information that must be up dated is your change in marital status, address and telephone numbers. A change of next of kin details. National insurance number and tax code. Qualifications and work history. Any medical restrictions, absence details, training and data protection. 2.5 Explain agreed ways of working with employer. Agreed ways of working with your employer are following health and safety procedures, implement agreed ways to follow care plans. Following procedures  when someone needs to take time off either for personal reason or holiday. Giving your employer the correct time needed to organise shifts for sickness. Learning Outcome 3 3.1 Explain how our own role fits within the delivery of the service provider. My role fits within the delivery of the service provider because I am maintaining the organisations reputation and setting high standards. Following uniform policies by dressing smartly and wearing the correct uniform. Attending staff training and completing e-learning course so that I’m up to date with policies and procedures. Treating the service users with dignity and making sure they keep their independence. Also communication with other health care professionals, service users and their family on a regular basis. 3.2 Explain the effect of own role on service provision. Being a care assistant I support the unit managers and senior care assistants by communicating with them. I keep them up to date with any changes regarding the service users like their behaviour and any medical conditions which have either got worse or better. I follow all policies and procedures when undertaking tasks so that I’m complying with CQC standards. Working in a team we can support the service users to maintain their independence, individuality and basis rights. To ensure the safety of staff and service users all health and safety policies are followed. 3.3 Describe how own role links to the wider sector. Working as a care assistant we are linked to a variety of health care professionals such as doctors who come in once a week for check-ups on service users and possibly giving prescriptions so that we can monitor their condition. We also have district nurses and hospitals who require monthly check-ups and we have to update them on the service users condition from carers who work with them on a daily basis. 3.4 Describe the main roles and responsibilities of representative bodies that influence the wider sector. CQC go to a wide range of care settings to make sure essential standards of quality and safety are being met at all times. All staff that work within the health care industry follow all the appropriate policies and procedures to ensure the safety of the service user and staff. Learning Outcome 4 4.1 Explore different types of occupational opportunities. The different types of occupational opportunities are gaining a level 3 NVQ and working as a senior carer and eventually working towards becoming a unit manager. 4.2 Identify sources of information related to chosen career pathway. Information relating to a chosen career pathway could be to talk to your unit manager about progression to a senior care assistant and find out the relevant training and qualifications that are needed for the role. Another source is the NHS website for job similar to a care assistant such as a health care assistant which assistant the nurses. 4.3 Identify next steps in own career pathway. In order to become a senior care assistant I would need to complete my NVQ level 2 and medication course. Do the relevant training at work and then complete an NVQ level 3.

Foreign Collaboration

TAXPERT PROFESSIONALS Article on Foreign Collaboration 24 March 2011 0 TAXPERT Professionals | [Type the company address] Article on Foreign Collaboration Foreign Collaboration An Overview To fulfill the need of freeing the Indian industry from excessive official control and for promoting foreign investments in India in necessary sectors the much required liberalization of Indian economy was brought in by Industrial Policy of 1991. From then the Indian economy is more facilitating to Foreign Direct investment in all form. Foreign investment in India is regulated by ?Foreign Exchange Management Act ? Reserve Bank of India ? Department of Policy and promotion Foreign Exchange Management Act is an act to facilitate, promote and manage the foreign exchange in India. Reserve Bank of India issues various regulations to give effect to the various provisions of the Foreign Exchange Management Act. The Department of Industrial Policy & Promotion was established in 1995 and has been reconstitu ted in the year 2000 with the merger of the Department of Industrial Development. There has been a consistent shift in the role and functions of this Department since 1991.From regulation and administration of the industrial sector, the role of the Department has been transformed into facilitating investment and technology flows and monitoring industrial development in the liberalized environment. The role and functions of the Department of Industrial Policy and Promotion [here in after referred as Department or DIPP] primarily includes interalia is following: Formulation and implementation of industrial policy and strategies for industrial development in conformity with the development needs and national objectives; acilitation of FDI; technology collaborations at enterprise level and formulating policy parameters for the same; Trademarks, Industrial Designs and Geographical Indications of Goods and administration of regulations, rules made there under; TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign Collaboration The DIPP is in charge for encouraging acquisition of technological capability in various sectors of the industry where such acquisition is required to promote the economic development.Foreign technology induction is facilitated through liberal foreign technology collaboration regime either through FDI or through Foreign Technology Collaboration (FTC) agreement. There are two types of Foreign Collaboration the Financial collaboration and the technical collaboration. 1. Financial Collaboration refers to collaboration where only equity is involved. The financial collaboration can be by way of entering into Joint Venture agreement with the Indian Company. 2. Technical collaboration refers to collaboration where there is transfer of technology by the Foreign collaborator on due compensation.Foreign Colloboration Financial Colloboration 1 Financial Collaboration Techinical Colloboration Financial collab oration refers to collaboration where there is equity participation. It is regulated by the sectoral caps only and equity is permitted in almost all the sectors till the extent as mentioned in the Foreign Direct Investment Policy. Foreign Direct Investment is permitted under the automatic route in most sectors/activities excluding only few sectors which are prohibited like real estate etc and few where prior approval from FIPB is required. TAXPERT Professionals | www. taxpertpro. om [email  protected] com 09769134554 Article on Foreign Collaboration As per press note 3 (2005 Series) issued by DIPP prior government approval for new proposals would be required only in cases where the foreign investor has an existing joint venture in the â€Å"same field† [refer Annexure I for detailed discussion]. Same field as defined in the same press note mean 4 digit NIC 1987 code. In case of Financial collaboration a new Indian company [referred as Joint venture Company or JVC here in af ter] is formed, shares of which are subscribed by a foreign party and the Indian Company.When the money is received by Indian company [JVC] for subscription of shares by Foreign Company it has to intimate the RBI within 30 days of the receiving of Consideration and within 180 days of the receipt of consideration the shares are required to be allotted to foreign company, within 30 days of the allotment of shares the FC GPR Form along with Certificate from Chartered Accountant as well as Company secretary is required to be filed by Indian Company [JVC].As far as Financial collaboration is concerned in most of the cases a Joint Venture agreement is entered separately or all the conditions of joint Venture agreement are incorporated in the Article of Association of the Company. Interalia following are the clauses in Article of Association that will need consideration so that the interest of both the Joint Venture partners is saved: 1. Shares: – There can be restriction on transfe rring the share of a company [by each Joint Venture Partner] that no shareholder [JV partner] shall transfer the shares without the approval from other JV partner.The shares shall be offered to the other shareholder first before selling to the third party. How the fair value of the shares to be transferred shall be determined. There can be Lock in period for holding the shares. 2. Meetings:-The Quorum for the General meeting shall be at least one Shareholder? s representative appointed by both parties respectively. 3. Directors: – The Minimum number of directors representing interest of each party can be placed in Article of Association.The quorum of the Board Meeting can be framed to consist at least one Director appointed by each of the parties. The clauses can be put to safeguard interest of each party as to items where consent shall be given by way of affirmative voting by each party director. 2 Foreign technology agreements and collaborations For promoting technological capability and competitiveness of Indian Industry, acquisition of foreign technology is promoted through foreign technology collaborations.Foreign technology agreements and collaborations are permitted either through the automatic route under delegated powers exercised by the Reserve Bank of India, or by the Government. The items of foreign technology collaboration, which are eligible for approval through the automatic route and by the Government, are A. Technical know-how fees, B. Payments for designs and drawings, C. Payments for engineering services and D. Royalty TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign CollaborationFor entering into technology collaboration an agreement is entered into between the foreign entity and an Indian entity. The following should be taken into account while drafting the technology agreement that the licensed product/technical information is defined elaborately, period for which such a technolog y/knowhow is transferred, what is transferred and what is not transferred and what are exclusive and non exclusive rights transferred, manner of calculation of payment and schedule of payment, cost of foreign Technicians, which party will bear the taxes if etc. Please note that no permission is necessary for hiring of foreign technicians and no application need be made to Government for this purpose irrespective of whether the hiring of foreign technician is under an approved collaboration agreement or not]. As said earlier the collaboration can be through automatic route or government route.Below is the brief discussion regarding the same:- 2. 1 Automatic Route for Foreign Technology Agreements: The Reserve Bank of India, through its regional offices, accords automatic approval to all industries for foreign technology collaboration agreements subject to: The lump sum payments not exceeding US $2 million; Where there s technology Transfer :- Royalty payment being limited to 5 per ce nt for domestic sales and 8 per cent for exports, subject to a total payment of 8 per cent in sales without any restriction on the duration of the payments; and Where there is no technology Transfer: – The Government of India also permits payment of royalties of up to 2 per cent on exports and 1 per cent for domestic sales under automatic route on use of trademarks and brand names of the foreign collaborator without technology transfer. ? ? ?Also, Clarification was brought in by department via press note dated 23-12-2005 that as FDI upto 100% is permitted under the automatic route in most sectors/activities automatic route is also allowed for foreign technology collaboration where the payments are within 5% for domestic sales and 8% for exports. 2. 2 Government Approval for Foreign Technology Agreements As per press note 1(2005 series) Prior approval of the Government would be required only in cases where the foreign investor has an existing joint venture or technology transf er/trademark agreement in the „same? ield. The onus to provide requisite justification and also proof to the satisfaction of the Government that the new proposal would or would not in any way jeopardize the interests of the existing joint venture or technology/trademark partner or other stakeholders would lie equally on the foreign investor/technology supplier and the Indian partner. TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign CollaborationIn cases where the foreign investor has a joint venture or technology transfer/trademark agreement in the „same? field prior approval of the Government will not be required in the following cases: i. Investments to be made by Venture Capital Funds registered with the Security and Exchange Board of India (SEBI); ii. where in the existing joint-venture investment by either of the parties is less than 3 per cent; iii. Where the existing venture/collaboration is defunct or sick.Remit tance of Royalty/Technical Fee General permission has been given permission to authorised dealers by Reserve bank of India vide (DIR Series) Circular No. 76 dated 24th Feb 2004 to allow remittances for royalty and payment of Lump sum fee provided the payment; provided the royalty does not exceeds 5% of the domestic sales and 8% on exports and Lump sum fees does not exceeds USD 2 Million. Prior approval from Ministry of Industry and Commerce, Government of India in case exceeds the above said payments.In terms of Rule 4 of the Foreign Exchange Management (Current Account Transactions) Rules 2000, prior approval of the Ministry of Commerce and Industry, Government of India, is required for drawing foreign exchange for remittances under technical collaboration agreements where payment of royalty exceeds 5% on local sales and 8% on exports and lump-sum payment exceeds USD 2 million [item 8 of Schedule II to the Foreign Exchange Management (Current Account Transactions) Rules, 2000]. How ever as per RBI/2009-10/465 A. P. (DIR Series) Circular No. 2 dated 13 May 2010 the Government of India has reviewed the extant policy with regard to liberalization of foreign technology agreement and it was decided to omit item number 8 of Schedule II to the Foreign Exchange Management (Current Account Transaction) Rules, 2000, and the entry relating thereto. Accordingly, AD Category-I banks may permit drawal of foreign exchange by persons for payment of royalty and lump-sum payment under technical collaboration agreements without the approval of Ministry of Commerce and Industry, Government of India [w. . f 16 Dec 2009]. Source :http://rbidocs. rbi. org. in/rdocs/content/PDFs/AFE130510RC. pdf To sum up, success of any collaboration is dependent on the synergies that are driven from it by both parties. Therefore to achieve the desired objective of collaboration it is necessary that the matters like proper due diligence, tax structuring, drafting of joint venture agreement etc are v ery well taken care of. For further details get in touch at [email  protected] com TAXPERT Professionals | www. taxpertpro. om [email  protected] com 09769134554 Article on Foreign Collaboration Annexure I Source: http://dipp. nic. in/ DISCUSSION PAPER SUBJECT: APPROVAL OF FOREIGN/ TECHNICAL COLLABORATIONS IN CASE OF EXISTING VENTURES/ TIE-UPS IN INDIA 1. The Department of Industrial Policy and Promotion has decided to release Discussion Papers on various aspects related to FDI. In the series of these Discussion Papers, this is the third paper on „Approval of foreign/ technical collaborations in case of existing ventures/tie-ups in India?.Views and suggestions are invited on the observations made in the enclosed discussion paper, as also on the entire gamut of issues related to the subject, by October 15, 2010. 2. The views expressed in this discussion paper should not be construed as the views of the Government. The Department hopes to generate informed discussion on the subject, so as to enable the Government to take an appropriate policy decision at an appropriate time. TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign CollaborationDISCUSSION PAPER APPROVAL OF FOREIGN/ TECHNICAL COLLABORATIONS IN CASE OF EXISTING VENTURES/ TIE-UPS IN INDIA 1. 0 PRESENT SCENARIO: 1. 1 Paragraph 4. 2. 2 of Circular 1 of 2010 (Consolidated FDI Policy), specifies that investment would be subject to the „Existing Venture/ tie-up condition?. As per this condition, where a foreign investor had, prior to January 12, 2005, entered into an existing joint venture/ technology transfer/ trademark agreement in the same field, any new proposal for investment/ technology transfer/trademark agreement, requires Government approval.The proposal has to be routed through either the Foreign Investment Promotion Board (FIPB) in the Department of Economic Affairs, if fresh foreign investment is involved or the Project Approval Boar d (PAB) in the DIPP, if no foreign investment is involved. The 4 digit National Industrial Classification (NIC), 1987 Code, would be the basis for determining if the field was the same . 1. 2 The onus to demonstrate that the proposed new tie-up would not jeopardize the xisting joint venture or technology transfer/ trademark partner, lies equally on the foreign investor/ technology supplier and the Indian partner. 1. 3 The policy aims at protecting the interests of joint venture partners of agreements entered into, prior to January 12, 2005. Foreign collaboration agreements, both financial and technical, entered into after January 12, 2005, have been exempted from this stipulation. This is because such joint venture agreements are expected to include a „conflict of interest? lause, so as to safeguard the interests of joint venture partners, in the event of one of the partners desiring to set up another joint venture or a wholly owned subsidiary in the same field of economic act ivity. 1. 4 Five categories of investments have, however, been exempted from the requirement of Government approval, even though the foreign investor may be having a joint venture/ technology transfer/ trademark agreement in the same field.These are a) Investments to be made by Venture Capital Funds registered with the Securities and Exchange Board of India (SEBI ), b)Investments by Multinational Financial Institutions like the Asian Development Bank (ADB), International Finance Corporation(IFC), Commonwealth Finance Corporation (CDC), Deutsche Entwicklungs Gescelschaft (DEG), c) Where, in the existing joint venture, investment by either of the parties is less than 3 per cent d)Where the existing joint venture / collaboration is defunct or sick and e) Investments in the Information Technology or mining sectors. 2. 0 2. 1EVOLUTION OF THE PRESENT REGIME: PRESS NOTE 18 (1998 SERIES) In Press Note 18 (1998 series), Government set out the following guidelines for approval of foreign / te chnical collaborations, under the automatic route, in cases where previous ventures/ tie-ups existed within India. a) Automatic route for bringing in FDI and/or technology collaboration agreements (including trade-mark agreements), would not be available to those who have or had any previous joint-venture or technology transfer/trade-mark agreement, in the „same? or „allied? field, in India. TAXPERT Professionals | www. taxpertpro. com [email  protected] om 09769134554 Article on Foreign Collaboration b) Government approval route was, necessary in such cases. Detailed circumstances under which it was found necessary to set-up a new joint venture/enter into new technology transfer (including trade-mark) were required to be furnished at the time of seeking approval. c) The onus was clearly on such investors/technology suppliers, to provide the requisite justification /proof, to the satisfaction of the Government, that the new proposal would not, in any manner, jeopardize the interests of the existing joint-venture or technology/trade-mark partner or other stakeholders.It was at the sole discretion of the FIPB/ PAB, to either approve the application with or without conditions or to reject it in toto, duly recording the reasons for doing so. 2. 2 PRESS NOTE 10 (1999 SERIES) Press Note 10 (1999 series) defined the meaning of the terms â€Å"same field† and â€Å"allied field† as under: o o â€Å"same field† – four-digit NIC 1987code â€Å"allied field† – three-digit NIC 1987codeThe Press Note further clarified that, only proposals for foreign collaboration, falling under same four-digit or three-digit classifications, in terms of their past or existing joint ventures in India, would attract the provisions of Press Note 18 (1998 series). 2. 3 PRESS NOTE 2 (2000 SERIES) With a view to further liberalize the FDI regime, the Government issued Press Note 2 (2000 series), wherein all activities were placed under the automatic route for FDI, except for a specified negative list. Sector-specific guidelines were attached to this Press Note.In respect of the mining sector, it was mentioned that the provisions of Press Note 18 (1998 series) would not be applicable for setting up 100% owned subsidiaries, subject to a declaration from the applicant that he had no existing joint-venture for the same area and/ or the particular mineral. 2. 4 PRESS NOTE 8 (2000 SERIES) Press Note 8 (2000 series), recognized the special nature and needs of the IT sector. With a view to further simplify approval procedures and facilitate greater investment inflows into the IT sector in the country, FDI proposals elating to the IT sector were exempted from the provisions of Press Note 18 (1998 series). 2. 5 PRESS NOTE 1 (2001 SERIES) This Press Note provided for exemptions from the provisions of Press Note 18 for investments made in domestic companies by International Financial Institutions, such as the Asian Development B ank (ADB), International Finance Corporation (IFC), Commonwealth Development Corporation (CDC), Deutsche Entwicklungs Gescelschaft (DEG) etc.Accordingly, such International Financial Institutions were permitted to invest in domestic companies, through the automatic route, subject to SEBI/ RBI regulations and sector-specific caps on FDI. TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign Collaboration 2. 6 PRESS NOTE 1 (2005 SERIES) 1. Following the introduction of Press Note 18 (1998 series), certain representations were made by foreign investors. They pointed out that: a) The Press Note had the effect of overriding the contractual terms agreed to with the Indian partners. ) Domestic investors were using the provisions of the Press Note as a means of extracting unreasonable prices / commercial advantage. The Press Note was, thus, becoming a stumbling block for further FDI coming into the country. c) The term â€Å"allied field† was very widely defined, as it included even those products which would not have caused jeopardy to the manufacture of existing products. d) Foreign investors were being singled out to present their defence, without the Indian partner being asked to justify the existence of jeopardy. . Press Note 1 (2005 series), issued on 12 January, 2005, addressed these issues by amending the earlier guidelines. New proposals for foreign investment/technical collaboration were allowed under the automatic route, subject to sectoral policies and the following revised guidelines: a) Prior approval of the Government would be required only in cases where the foreign investor had a joint venture or technology transfer/trademark agreement in the ‘same' field, existing as on the date of the Press Note i. . 12 January, 2005. b) The onus to provide requisite justification and proof, to the satisfaction of the Government, that the new proposal would or would not, in any way, jeopardize the interests of the existing joint-venture or technology/ trademark partner or other stakeholders, would lie equally on the foreign investor/ technology supplier and the Indian partner. ) Even in cases where the foreign investor had a joint-venture or technology transfer/ trademark agreement in the ‘same' field, prior approval of the Government would not be required in the following cases: Investments to be made by Venture Capital Funds registered with the Security and Exchange Board of India (SEBI) or ii) where in the existing joint-venture investment by either of the parties was less than 3% or iii) where the existing venture/ collaboration was defunct or sick i) d) In so far as joint ventures to be entered into after the date of the Press Note were concerned, the joint venture agreements could embody a ‘conflict of interest' clause, to safeguard the interests of joint-venture partners, in the event of one of the partners desiring to set up another joint-venture or a wholly-owned- subsidiary, in the ‘same' field of economic activity. 2. 7 PRESS NOTE 3 (2005 SERIES) TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign Collaboration Subsequently, Press Note 3 (2005 series), issued on 15 March, 2005, clarified that: a) For the purposes of Press Note 1 (2005 Series), the definition of „same? field would continue to be 4-digit NIC 1987 Code. ) Proposals in the Information Technology sector, and the mining sector, continued to remain exempt from the application of Press Note 1 (2005 Series). c) For the purpose of avoiding any ambiguity, it was further reiterated that, jointventures/technology transfer/trademark agreements, existing on the date of issue of the said Press Note (i. e. 12. 1. 2005), would be treated as existing jointventures/technology transfer/trademark agreements, for the purposes of that Press Note. 3. 0 APPLICATION OF THE PROVISIONS IN PRACTICE: 3. 1 FIPB considered 566 proposals during th e calendar year 2009, out of which 16% related to matters linked with Press Notes 1 and 3 of 2005, wherein the applicants had a joint-venture / technology transfer agreement, with an Indian partner, as on 12 January, 2005. 3. Some of the principles emerging from the cases discussed in the FIPB 1 are set out below: a) In case the existing joint-venture has become defunct, there may not be any jeopardy to the Indian partner, in case the foreign collaborator wishes to set up a new venture. b) „Jeopardy? should not be invoked as a measure to stifle legitimate business activity and prevent competition. The issue of „jeopardy? has to be examined in light of the extant business agreements/arrangements between the parties. c) „Jeopardy? may not be established in cases where technology licence agreements have expired, as per terms mutually agreed by the joint-venture partners. d) In location specific projects/ activities, the concept of „jeopardy? cannot be extended b eyond the area originally envisaged in the agreement. In such cases, „jeopardy? eeds to be viewed in a location-specific context. 3. 3 The FIPB Review, 2009 has observed that: â€Å"While critics may feel that Press Note 1 has outlived its utility, the high pitched debate on the issue of jeopardy and Indian JV partners alleging foul play by the foreign collaborator cannot make us oblivious to its continuing relevance. † 4. 0 PRACTICES IN OTHER EMERGING MARKETS (CHINA AND BRAZIL): 1 FIPB Review, 2009 TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign Collaboration Emerging economies, such as Brazil and China, do not have any such corresponding requirements, under their foreign investment regimes. 5. CONCERNS RELATED TO LIBERALISING THE ‘EXISTING VENTURE/ TIE-UP CONDITION’: 5. 1 In 1998, the main policy concern was to protect the interests of domestic jointventure partners/ technology collaborators, who may ha ve been less advantageously placed, in comparison to their foreign counterparts, insofar as their ability to influence the terms of future business engagement were concerned. It was felt that an element of Government oversight was necessary, so that future collaborations were subjected to the test of „jeopardy? and existing domestic joint-venture partners/ technology collaborators were not placed in a position wherein their survival was threatened. 5. This policy framework was relaxed in 2005, while maintaining a balance between the need to ensure healthy foreign investment inflows and the need to ensure that survival of the domestic industry was not threatened. The main elements of the „existing venture/ tie-up condition? were retained, underlining Government? s concerns about ensuring the continued sustenance and growth of the domestic joint-venture partners/ technology collaborators, in collaboration with their foreign partners. 6. 0 THE CASE FOR REVIEW OF THE EXTANT REGIME: 6. 1 The „existing venture/ tie-up condition? has now been in existence, as a formal measure under the FDI policy, for nearly twelve years. It was last reviewed in 2005.There is a need to examine whether such a conditionality continues to be relevant in the present day context. 6. 2 The „existing venture/ tie-up condition? currently applies only to those joint-ventures which have been in existence as on or prior to 12 January, 2005. With more than five years having elapsed, it can be argued that the issue of „jeopardy? is, no longer relevant, as the Indian partners could have recovered their investments substantially during this period of time. 6. 3 The Indian industry today is in a much stronger position than it was in the 1990s, when the condition was first introduced. It, therefore, needs to be seen whether there is a need to continue with the elements of such a regime even today. 6. Further, industry has to increasingly become more competitive. This is particularly relevant in an era of globalization, where a number of Free Trade Agreements (FTAs) and Comprehensive Economic Cooperation/ Partnership Agreements (CEPAs/CEPAs) are in place . In such a scenario, if an industry is discouraged from being set up in India, it could be set up in a neighbouring country, with whom a trade agreement exists or is being negotiated. Competition today, is not only between domestic players inter se but also between international and domestic players. Dumping of goods from some of countries has posed serious threats to the survival of domestic industries.Between 1992 and 2010 (May), the Directorate General for anti Dumping (DGAD) has initiated anti-dumping investigations into 253 cases involving 38 countries/territories (considering 27 EC countries as a single territory). The major product categories on which anti-dumping duty has been levied are chemicals & petrochemicals, pharmaceuticals, fibres /yarns, steel and other metal products and consumer goods. TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554 Article on Foreign Collaboration Limiting international technology agreements through measures described above may constrain the growth of strong and competitive domestic industries. 6. It is also a moot point whether Government policy should intervene in the commercial sphere and override contractual terms agreed to between the parties, given the need to promote healthy competition, and ensure sustained long-term economic growth. It can be argued that Government should not be concerned about commercial issues between two business partners. 6. 6 The measure discriminates between the foreign investors who had shown confidence in India, by investing in the country prior to 2005 and those who invested later. 6. 7 The condition may be restricting a number of investors, who may not be able to reach agreement with their Indian partners on their future investment plans, thereby restricting the inflow o f foreign capital and technology into the country. 6. 8 A related issue is the concept of „same field?.Press Note 1 of 2005 significantly limited the scope of the provisions of Press Note 18 (1998 series), as the latter applied only to the â€Å"same field† and not the much wider â€Å"allied field†. However, in the present day context, even the concept of â€Å"same field† may not be an accurate indicator for determining whether the new venture would jeopardize the interest of the existing joint-venture partner. This is because , the NIC four digit Codes, even after revision , may still not fully reflect the complexities related to the concept of the „same? industry and may often tend to cover a wide range of industrial activities under the same head. As an example, the activity of „manufacturing of seat belts? may not jeopardize the activity of „manufacturing of car steering?.However, both fall under the „same field? under the NIC Code of 1987. Further, the NIC Codes of 1987 may not accurately represent many of the business situations in the current complex and diversified industrial environment, leading to difficulties in interpretation. 7. 0 POLICY OPTIONS FOR CONSIDERATION : 7. 1 For the reasons mentioned in Paras 6. 1 to 6. 8, should the „existing venture/ tie-up conditions? last amended in Press Notes 1 and 3 of 2005 and now included as paragraph 4. 2. 2 of Circular 1 of 2010 be totally abolished? 7. 2 Alternatively, if it is felt that such a condition should continue for some more time, should calibrated relaxations be introduced ?These could include exemptions from the application of the condition in cases where: a) The existing venture/tie up is more than say 10 years old b) If the activity of the new venture is demonstrably different from the activity of the existing venture/tie up, even though it has the same NIC field. Are there any other contingencies where such exemptions should be conside red? The article is contributed by CA. Sudha G. Bhushan, She is a Chartered Accountant and a company secretary. She is advisor to many international companies on international tax matters and FEMA Advisory services. She can be reached at [email  protected] com. TAXPERT Professionals | www. taxpertpro. com [email  protected] com 09769134554