Saturday, January 18, 2020

Conflict Between Developing Economic Essay

The economy growth impact the protecting environment, on the contrary the protecting environment also impacts the economy growth. Whether the environment is a factor considering the economic growth? The core answering these questions is how to regard the relationship between economic growth and environment. Concerning on the situation of economic and environment whether has the intrinsic relation or has any type relation, this still has the dispute. In this essay I will analyze the conflict between the developing economic and protecting environment. Through the analysis cause where can get a balance between them. Keywords: Environment, Economic growth, Poverty, Conflict, Contradiction, Environmental Kuznets curve 1. Introduction Environment not only provides the substance foundation and activity space for human, but also is responsible for production castoff by human activity. Economic development not only enhances the integration national power and improves the people’s life quality, but brings a number of serous environmental problems, such as air pollution, water pollution, soil degradation, desertification, and so on. Whether does economic growth affect the environment? On the contrary whether also does the protecting environment affect the growth economy? Whether is protecting economy and protecting environment a pair of contradiction or not? What creates the environment problems? Poverty is a main factor. Solving this problem is that developing economy. How to increase economy under the protecting environment? Analyzing their relationship is the focal point. Problem formulation: what is the conflict between developing economic and protecting environment? 2. The developing economic brings some environmental problems Economy development is obvious at present. Many multinational enterprises have been invested following the all kinds of increased industries and agricultures. These such as machine, textile, chemical plant, foodstuff, and so on, not only are the record of the economic development, but also provide a great deal of working opportunities for the labor market, and reduce the burden of the country. That’s the positive points, but it has the negative points like the traffic jam, pollution, chemical, etc, a series of serious problems. In the traffic point, â€Å"The environment impact of transport has now become a global issue. Environmental impacts from transport in the developed world are now equaled or exceeded by those in developing countries. This is alarming given the relatively low level of car ownership and use in developing countries. Equally alarming is the advanced of modes of transport that are damaging to the environment and health, while less damaging modes are retreating. The impact of transport affects the global, regional, and local environment.

Friday, January 10, 2020

Business Ethics of Kfc

BUSINESS ETHICS 2011 Report Sunderland Business School Undergraduate Programs Name: Lanny Chew Jun Kheong Identification Number: 880328-52-5707 Student ID: 109129662/1 Tel. Number: 016-8515159 E-mail: [email  protected] com Study Centre: SEGi College Sarawak Module: Business Ethics Code: UGB210 Module Tutor: Ms. Adeline Academic Year: 2011 EXECUTIVE SUMMARY This report was produced as an audit report providing a ‘snapshot’ of KFC’s business ethics. First, the author started with the ethical dilemma of KFC which include poor quality products, animal abuse and poor working conditions.Identification of ethical dilemmas is important where people can know about the ugly truths that KFC was practicing. The report is followed with a discussion of the importance of the ethical dilemma of KFC and actions taken by KFC to solve the problems. Under this section the relevant theories such as utilitarianism, egoism, fairness are clearly explain with real examples in this repo rt. Although there are pros and cons, KFC has also practice best practices. This third section covered up a few values such as hope, love and caring that KFC is practicing by participating in Corporate Social Responsibility (CSR) and established code of conduct.Even though action has been taken, it also cannot solve the dilemma. So, the author has offer recommendation for KFC as reference. This report was ended with a conclusion. CONTENT: PAGE: ASSIGNMENT TITLE PAGE i EXECUTIVE SUMMARY ii CONTENT iii 1. 0 INTRODUCTION 1 1. 1COMPANY PROFILE 1 2. 0 ETHICAL DILEMMAS 2 . 1 POOR QUALITY PRODUCTS 2 2. 2 ANIMAL ABUSE 4 2. 3 POOR WORKING CONDITIONS 4 3. 0 IMPORTANCES OF THESE DILEMMAS AND ACTION TAKEN BY KFC 5 3. 1 PRODUCTS’ QUALITY IMPROVEMENT 5 3. 2 ANIMAL WELFARE ISSUES 7 3. 3 ESTABLISH UNION 9 4. 0 KFC BEST PRACTISES AND VALUES 11 4. 1 CORPORATE SOCIAL RESPONSIBILITY (CSR) 11 4. 2 ESTABLISH SUPPLIER CODE OF CONDUCT 12 5. 0 RECOMMENDATION 13 5. 1 GO FOR ORGANIC 13 6. 0 CONCLUSION 14 APPENDIX 1 15 APPENDIX 2 21LIST OF REFERENCES 24 1. 0 INTRODUCTION This report was produced to analyze the business ethics of Kentucky Fried Chicken (KFC). First, the report started with a brief description on the company background. Next, it is continued with identification of the ethical dilemmas – poor quality products, animal abuse and poor working condition of KFC, provided from stakeholder analysis and examples from their history. After that, the report moved on to the importance of the mentioned ethical dilemmas and how KFC is dealing with it. The actions taken are product quality improvement, animal welfare issues and establish union.This included the application of the various ethical theories. Then, it is continued with the good side of KFC when the analysis was done on KFC best practices and values that KFC are practicing. It included Corporate Social Value (CSR) where they offered ‘Projek Penyayang KFC’ in Malaysia and Colonel’s Scholar Prog ram, practicing the value of hope and love; and established supplier code of conduct by practicing the value of justice. Further, the author put on suitable recommendations for KFC such as Go for Organic, with the hope that the plan recommended can help KFC in expanding their business towards a brighter future.Lastly, this report was closed up with a conclusion justifying the essentialness of business ethics. 1. 1 COMPANY BACKGROUND KFC, founded and also known as Kentucky Fried Chicken, is a chain of fast food restaurants based in Louisville, Kentucky and is now one of the well-known fast food restaurants which operates in more than 11,000 branches in more than 80 nations and territories throughout the world. Examples are UK, China, Thailand, Malaysia, Kuwait, Spain and Barbados, Puerto Rico, Pakistan and many more.KFC started with Colonel Harland Sanders who grew up to become a personage the world known as Colonel Sanders throughout the years, discovered his penchant for cooking wh en he was only 9 years old. KFC is now regarded as the most chicken restaurant chain providing a special mouth watering taste fried chicken that cannot be replaced with chicken's natural juices sealed-in; leaving KFC with pride as a fast-food restaurant that provide customers with a selection of home-styled side dishes and desserts such as coleslaw and ice-creams to make a wholesome, complete and satisfying meal despite only serving great tasting chicken (http://www. fc. com). (Refer to Appendix I). 2. 0 ETHICAL DILEMMAS According to Lee Flamand (eHow, 2011), â€Å"an ethical dilemma is a situation wherein moral precepts or ethical obligations conflict in such a way that any possible resolution to the dilemma is morally intolerable. In other words, an ethical dilemma is any situation in which guiding moral principles cannot determine which course of action is right or wrong. † (http://www. eHow. com) The competition between fast food restaurants is increasing where KFC have t o come out with more choices of selection to meet the demand of their patrons.At the same time, they have to think of ways to make more sales, cut costs, and basically maximize the profits of the firms and faced many ethical dilemmas concerning their products and consumers during the process. The ethical dilemmas include poor quality products, animal abuse and poor working conditions. 2. 1 POOR QUALITY PRODUCTS David Ludwig (2009), director of a Boston children’s hospital said that â€Å"fast-food consumption has been shown to increase calorie intake, promote weight gain, and elevate risk for diabetes† (http://www. thenewwellness. com).Fast Food is usually unhealthy, and  can often lead  to loyal consumers having weight problems. This matter got worst to KFC where in year 2006, KFC was being sued for frying its chicken with cooking oils that contain Trans-fats, which can contribute to heart disease and diabetes. According to Mayo Clinic, trans fat is also called tr ans-fatty acids and assumed by some doctors to be the worst type of fat which both raises â€Å"bad† (LDL) cholesterol and lowers â€Å"good† (HDL) cholesterol. A high LDL cholesterol level in combination with a low HDL cholesterol level increases the risk of getting heart disease (http://www. ayoclinic. com). Trans fat is bad that it boosts the risk of coronary disease and people should only consume no more than 2 g per day. However, KFC claimed its products â€Å"meet or exceed all government regulations. † But as the Center for Science in the Public Interest, the activist group behind the lawsuit, points out, a three-piece extra-crispy combo meal, which is called ‘dinner-plate’ in Malaysia, contains 15 g of trans fat which is more than a person should ingest (Time magazine, 2006).In China, some of the outlets in Xianyang city were being accused for using the same frying oil to fry chickens up to 10 days and this can cause cancer (http://www. chin adaily. com. cn). Furthermore, other examples such as: customers cut her tongue and mouth after plastic was been found when she consumed coleslaw, bloody bandage found under KFC baked beans, worms discover in sandwiches, children became sick after eating KFC in Colorado, proved that KFC poor quality products issue has achieving a very dangerous level (http://www. kfcmademesick. com/). Added on, some KFC outlets were even forced to pay compensation for injuries.Example: KFC in Plymouth has been fined $13,000 for selling raw chicken to their customers (http://www. dailyrecord. co. uk). In year 2009, KFC in central London faced food hygiene charges with the cases where countless sighting of cockroaches, mice, rats and flies flying ahead was found when an investigation was done in the city. The owner has been fined ? 20,000 and was asked for temporary shop closed down (http://www. caterersearch. com). 2. 2 ANIMAL ABUSE Since the late 1990s, KFC faced severe protests by People for Ethica l Treatment of Animals (PETA), an animal rights protection organization.The improper breeding of birds combined with improper working conditions of workers and lack of ethically efficient operation processes led to improper practices in KFC’s supplier’s poultry farms. According to Donald G. McNeil Jr. who published his article in New York Times in 2004, â€Å"an animal rights group involved in a long legal dispute with KFC released a videotape showing slaughterhouse workers for one supplier jumping up and down on live chickens, drop-kicking them like footballs and slamming them into walls, apparently for fun†.Furthermore, other acts of cruelty which include suffocating a chicken by tying a latex glove over its head, workers tearing beaks off, spitting tobacco juice into birds' mouths, ripping a bird's head off to write graffiti in blood, plucking feathers to â€Å"make it snow,† and squeezing birds like water balloons to spray feces over other birds were all saw by an under investigator who works for the company (http://www. thenazareneway. com). KFC suppliers even cram birds into huge waste-filled factories, breed and drug them to grow so large until the chicken could not even walk, and often break their wings and legs.The chickens’ throats were slit and they were dropped into tanks of scalding-hot water—often while they were still conscious during slaughtering process (http://www. kentuckyfriedcruelty. com/). As a result KFC was accused of animal abuse  by PETA, on the supplier’s farm. 2. 3 POOR WORKING CONDITIONS Poor working conditions is always an issue for KFC especially for the branches located in big countries such US, India and China. In US, workers in Pilgrim’s Pride Poultry farm did animal abused action just to alleviate boredom or vent frustrations especially when so many chickens were coming in that they would have to work late (http://www. henazareneway. com). On the other hand, according to the city government of Guangzhou, China; effective from January 1 year 2006, the minimum wage for part-time labor set by local regulations is at 7. 5 Yuan per hour in big cities such as Guangzhou but KFC only paid them with 5. 5 Yuan. KFC were bombarded for this contract as it had violated the legal rights of employees. KFC allegedly force part-time employees to work the same hours as full-time staff but fail to pay them any of the benefits to which full-time staff are entitled.Adding on, employees who work more than five hours a day and 30 hours a week should be treated as full-time staff and receive the same fringe benefits according to the mainland laws. However, the Guangdong labor authority's clarification indicates that part-time working students are not protected by the law, which is a relief for the employers involved. It was extremely unfair for those part-timers (China Business, 2006). 3. 0 IMPORTANCES OF THESE DILEMMAS AND ACTION TAKEN BY KFC According to De George, R. T who has written in his book entitled ‘Business Ethics (5th Edition) in year 1999, he declares that an ethical dilemma occurs when the choice is defined unclearly between alternative actions with moral content. Whether a specific behavior is right or wrong, ethical or unethical is often determined by the concerned stakeholders and an individual’s personal ethics. As a result, values, judgments, and complex situations all play a critical role in ethical decision making. 3. 1 PRODUCTS’ QUALITY IMPROVEMENTThe reason KFC using trans oil at first because the food produced is much tastier. Trans oil which is introduced in 1990’s, claims that it is suitable to substitute natural oil and healthy. It has better performances under high heat, longer shelf life and also it is cheaper (http://www. msnbc. msn. com). For example: The crispy fried chicken is resulted crispier when frying with trans oil. Here, it is very clear that KFC has a bad judgment in choosing the t ypes of oil to be used and caused them being sued on their judgment.KFC also react as activist stakeholder where by using trans oil which is cheaper, they believe their investment will giving them a good return in profit. In these new era with full of busyness and stressful lifestyle, so as dual-working families where both parents are forced to work to increase the income of a family, more and more people are fully dependent on quick meal solutions and most will opt for fast food. Fast food such as KFC is not only a fast food restaurant, but the brand- KFC and their products have highly encounter a place in everyone’s life as it really helps in saving a meal-preparation time.Although people start to be more health conscious of having good health and body figures, fast food especially KFC may cause obesity according to research. Health Organizations in most development countries such as U. S, and U. K, have started to encourage their citizens to concern more about their having healthy life by having nutritious meal. Since KFC started their operations and expanded their business globally, the ‘chicken-meal’ they offered, only gains a bad image and reputation of a fast food that provides greasy unhealthy food.Fast food has the potential to impact directly and visibly on people's well-being like obesity. With this case, KFC practice the theory of utilitarianism which is also called ‘the greatest happiness principle’ where they have taken an action which results greatest amount of people receiving the greatest amount of good. So, KFC came out with Kentucky Grilled Chicken which is marinated with savory blend of secret herbs and slow-grilled to juicy perfection. This new product has fewer fat grams, fewer calories, and less sodium than original recipe chicken.Besides, all KFC chicken products practice Zero Grams Trans Fat per serving where they have found the perfect recipe by incorporating the Colonel’s 11 herbs and spices wi th a new cooking oil that contains zero grams of trans fat. Beside fried chicken, many others favorite KFC side dishes such as mashed potatoes and wages are now served with zero grams of trans fat (http://www. kfc. com). KFC’s new products and Zero Grams Trans Fat plans have help them to push up their brand where they tend to promote happiness through serving customers with nutrient food and it is also a better option for health-conscious customers.According to Brooks and Dunn (2009), ‘The ethically correct action is the one that will produce the greatest amount of pleasure or the least amount of pain. ’ 3. 2 ANIMAL WELFARE ISSUES Since the case of animal abuse being explored to the world, KFC faced the toughest challenge in where it heated up the public awareness towards the animal welfare. People all around the world started to be concerned about this issue as KFC has their branches worldwide. Animal abuse case occurred huge ruckus by the public has caused the corporation to lose their image and their reputations are highly damaged because of the law stated by PETA.After the incident, stakeholder’s expectations and demands regarding the standardized guidelines of animal treatment were also increased. The case not only affected the business all over the world, but also its brand (KFC) reputation, turnover and profit as KFC has their branches in most of the countries and hence, caused the significant impacts on the relationship between contemporary organization such as McDonald, Burger King, Wendy and Safe-way as they also afraid that KFC might drag them down, their shareholders such as the owners of each KFC branch restaurants and finally public opinion.Just like other fast food chain, KFC seems trying to minimize their budget and hence maximize their profits without considering their suppliers and customers instead they should put on priority on the importance of ethics. Suppliers just did what requested by KFC without thinking the ir negative impacts when requisition for chicken’s meat increased. Here, KFC react brilliantly where they did not run away from reality as several actions had been taken to overcome the problems and tried to make the issue – a ‘learning’ history for all.KFC took an immediate responds and developed a series of plan to overcome the problems and this action has become a trend for KFC in the future. When receiving a little pressure from PETA, KFC Canada agreed to a historic new animal welfare plan that they became the first major restaurant chain ever in whole world to purchase all of its meat exclusively from controlled-atmosphere killing (CAK) slaughterhouses and dramatically the lives and deaths of millions of chickens for Canada. http://www. thepoultrysite. com. ) CAK is a method of slaughtering poultry where chickens do not suffer when being removed from the crates,  hung upside down, shackled, bled, and scalded in defeathering tanks which leads to stru ggling, stress, and broken wings. The processes work the oxygen in the transport cages is replaced with other gasses such as carbon dioxide, argon or nitrogen to gently put them into ‘sleeping mode’.The birds die from the lack of oxygen, and are dead before they are ever handled by slaughterhouse workers (http://animalrights. about. com/). Besides, there are no chances for workers to abuse the chicken as they never have to chance to handle live chickens in CAK. This process even provide with better results when workers do not need to struggle with flapping, scratching, vomiting, and defecating chickens, lights can be kept bright throughout the process and the air maintain at its cleanliness level (http://www. peta. org/).As stated clearly in KFC main website, all suppliers must comply with the KFC policy which is they are strictly not allowed to use hormones and steroids for any purposes, including improving growth in chickens due to the genetically engineered for faste r growth and antibiotics are strictly prohibited. To show their sincerity in transformation, KFC even formed the KFC Animal Welfare Advisory Council, which consists of highly regarded experts in the field who will provide information and advice based on relevant data and scientific research which has been a key factor in formulating their animal welfare program.To rebuild the public confidence towards KFC, the company allowed PETA to review its animal welfare audit forms every six months (http://www. kfc. com). 3. 3 ESTABLISH UNION Employees play one of the most important characters in the whole process. Without these people, KFC might not have such a huge success in their business until today. After the incident of underpaying their part-time workers in  Guangzhou, they set up trade union branches across the province.This incident has highly touched up people awareness to protect human rights especially in China when media from Shanghai, Taiyuan, Tianjin, Fuzhou and Beijing repor ted similar findings and have caused uproar across China. Furthermore, the unfair treatment to employees increased when labor officials in Shanghai claimed that they have not found any regulations in KFC outlets as the rules in Shanghai do not apply to part-time or to student.The unclear stipulations on the rights and benefits of part-time or student employees enable KFC to make use of the legal loopholes as all fast-food restaurants are profit-making enterprises that wish to earn more profits by taking advantage on their part-time employees. KFC practice the theory of egoism here as the company only care about themselves rather than considering about its’ employees profits. â€Å"Cheating part-time workers is also a common practice in the US because companies take advantage of the fact that most part-timers are young, inexperienced and lack representation.These businesses should be required to adhere to the rules and regulations of the host country,† said TangXiaojing to China Daily in year 2007. This whole case also tells China and the world that people have to be aware of the unequal situation for laborers in China, and to wonder why the legislation is always so vulnerable (http://www. china. org. cn) In return, KFC claimed that they would took things seriously by looking forward into the situations and will approached the local trade union of the city for guidance of set up the trade union.KFC has applied the theories of fairness here where everyone has been free to receive rewards for their efforts, which is also known as procedural justice (Beauchamp ;amp; Bowie, 1997). The president of Yum Brands Inc promised that KFC will accept every statements ruling Chinese government makes over its alleged illegal exploitation of part-time staffs in China. And they would do whatever is requested by the trade union after they have concluded their investigations into the employment of KFC’s part-time workers.Besides, trade union in several cities in China will work together with local labor and social security departments to investigate the entire fast food restaurants in China which were suspected to have similar unlawful behavior to protect the rights of employees. With the cooperation between KFC and members of All China Federation of Trade Union to establish KFC own union, the author believes the cases of unfair treatment to employees will be lowered and KFC branches in China will be the model for other KFC in other countries (http://www. china. org. cn). 4. 0 KFC BEST PRACTISES AND VALUES 4. CORPORATE SOCIAL RESPONSIBILITY (CSR) The brand KFC has been carved in people’s heart as one of the best fried chicken restaurant and in return, KFC participated themselves in CSR as CSR is all about how a company manages the business processes to produce an overall positive impact on society (http://www. mallenbaker. net) – Refer to Appendix II. KFC takes its CSR priority faithfully and makes a dedicated effort to fu lfill its tasks in every area including the community, education, diversity, market place, workplace, and animal welfare which is also benefiting to all including its stakeholders.CSR which is also claimed to be a marketing purpose is logically captured in the new definition of marketing answered by the American Marketing Association (2004) which stated â€Å"marketing is an organizational function and a set of processes for creating, communicating, and delivering value to customers and for managing customer relationships in ways that benefit the organization and its stakeholders†. KFC practiced the value of Hope and Love. In Malaysia, KFC Malaysia has set up ‘Projek Penyayang’ as appreciation for greatly support by the Malaysian. Project Penyayang’ which was founded in 1995, was purposely developed to provide food to a total of 80 homes every quarter to enable thousands of orphans and underprivileged to enjoy KFC meals. With a heart of caring, KFC fulfill the hope of orphans who wished to have KFC. ‘Tabung Penyayang KFC’ which is a unique fund representing a percentage of revenue generated from sales of KFC’s Kids’ Fun Meals was set as a charity fund to help children and needy through various CSR Program. Adding on, all the programs also included donation, charity, and organize open house dinner particularly to those less fortunate, elderly and orphaned (http://www. fc. com. my). Caring is about wanting another person to succeed and do well in life and their career. With a heart of caring, KFC cares about students education. KFC create a fund – Colonel’s Scholars, offering scholarships for entrepreneurial drive and strong perseverance high school seniors who need financial helps to support their school fees in their study career. Students who are selected will received up to $ 20,000 to receive a bachelor degree program in the university the students have chosen inside their cities only (http ://www. kfcscholars. org/). 4. ESTABLISH SUPPLIER CODE OF CONDUCT KFC practice the value of justice where they protect the rights and punish the wrongs. Supplier code of conduct is established by KFC U. S. which is committed to protect all U. S. suppliers’ employees’ rights by conducting its business towards legal, ethical and socially responsible manner. All KFC suppliers are required to follow and abide by all applicable laws, codes or regulations which includes not limited to any local, state or federal laws regarding wages and benefits, employees’ compensation, working hours, equal opportunity, worker and product safety.All suppliers are expected to confirm their practices to the published standards for their industry in order to get the contract to supply goods to KFC. Staffs of suppliers are protected in many areas where they must have safe and healthy working conditions and working schedules, non-discrimination occurs in industry, child labor issue where employees below 14 years old are strictly prohibited from working, forced and indentured labor and lastly notification to employees where notices of policies can be clearly explained to them.With addition, suppliers who are failed to follow the Code may cause them to disciplinary action which might include the termination of the Supplier relationship with KFC. KFC pay full respect to all the employees as they work for suppliers who supply chicken meats and goods for KFC who claimed to be working indirectly for KFC. 5. 0 RECOMMENDATION Marketing strategy used to be very important in a business as a well-planned marketing strategy helps a business to earn more profitability, well-known brand mark and loyalty from customers.As time goes by, marketing strategy cannot be dependent on just meeting the needs and demands of all stakeholders. KFC should now by right focus on how to deliver a better service and products’ quality to customers as the brand – KFC has already been r ecognized by everyone in the world. 5. 1 GO FOR ORGANIC! Emphasizes should be done on consumer health, products’ quality and social responsibility initiatives as people start conscious about having good health and enough nutrients. When people start going for organic, KFC should go for it too!Organic products and other ingredients are grown without the use of pesticides, synthetic fertilizers, sewage sludge, genetically modified organisms, or ionizing radiation. Organic meat, poultry, eggs, and dairy products are come from animals such as chickens and cows that do not take antibiotics or growth hormones (http://organic. org). Going for organic food products will increase the modal of production and it needs a long period of time for this huge transformation as there are few steps that have to be followed.According to USDA National Organic Program (NOP), a Government-approved certifier will inspect the farm where the food is grown to make sure the farmer is following all the r ules necessary to meet USDA organic standards before a product can be labeled â€Å"organic,†. Companies that handle or process organic food before it gets to your local supermarket or restaurant must be certified, too’.On the other hand, it will be the hardest decision for KFC as they have to do surveys and further consideration whether the program is suitable for every KFC branches in the whole world as KFC have to reconsider about looking for new trustable suppliers that can continuously provide organic food and it is tough. KFC can always start slowly from the beginning by providing several choices from organic food such as organic salad, organic soya bean drink instead of carbonated flavored drinks, and mashed potatoes made from organic potatoes.If the program run with success, KFC will become the first ever fast food chain that provides organic food products and the author strongly believes that the strategic planning will surely increase the sales of KFC and gai ning more profit although KFC products will be sell at higher prices due to highly increased modal. 6. 0 CONCLUSION Conclusion, ethics is definitely necessary for a business to grow successfully, become more significant and more organized. A business can highly impact on the people’s lives and circumstances through providing jobs, life organization, creating wealth and inspiring others to grow their own business.Therefore, the business maybe ruined and leaves it with a bad reputation if an organization is not having a proper understanding on business ethics. From bad to good, KFC has gone through every hard time and now moving towards a better future when they finally overcome most of its ethical issues. People do make mistakes and learn from mistakes so as KFC. KFC will learn from their mistakes and make the mistakes to the power of change. The author strongly believe that KFC will do their best in meeting everyone’s need and KFC will become the first priority for eve ry human when they thinking of nice and tasty fried chicken.KFC – So Good! APPENDIX 1: KFC HISTORY and PRODUCTS KFC HISTORY-AT-A-GLANCE 9/9/1890 Harland Sanders is born just outside Henryville, Indiana. 1900-1924 Harland Sanders holds a variety of jobs including: farm hand, streetcar conductor, army private in Cuba, blacksmith's helper, railyard fireman, insurance salesman, tire salesman and service station operator for Standard Oil. 1930 In the midst of the depression, Harland Sanders opens his first restaurant in the small front room of a gas station in Corbin, Kentucky. Sanders serves as station operator, chief cook and cashier and names the dining area â€Å"Sanders Court & Cafe. 1936 Kentucky Governor Ruby Laffoon makes Harland Sanders an honorary Kentucky Colonel in recognition of his contributions to the state's cuisine. 1937 The Sanders Court ;amp; Cafe adds a motel and expands the restaurant to 142 seats. 1939 The Sanders Court ;amp; Cafe is first listed in Dunc an Hines' â€Å"Adventures in Good Eating. † Fire destroys The Sanders Court & Cafe, but it is rebuilt and reopened. The pressure cooker is introduced. Soon thereafter Colonel Sanders begins using it to fry his chicken to give customers fresh chicken, faster. 1940Birthdate of the Original Recipe 1949 Sanders marries Claudia Price. 1952 The Colonel begins actively franchising his chicken business by traveling from town to town and cooking batches of chicken for restaurant owners and employees. The Colonel awards Pete Harman of Salt Lake City with the first KFC franchise. A handshake agreement stipulates a payment of a nickel to Sanders for each chicken sold. 1955 An interstate highway is built to bypass Corbin, Kentucky. Sanders sells the service station on the same day that he receives his first social security check for $105.After paying debts owed, he is virtually broke. He decides to go on the road to sell his Secret Recipe to restaurants. 1957 Kentucky Fried Chicken f irst sold in buckets 1960 The Colonel's hard work on the road begins to pay off and there are 190 KFC franchisees and 400 franchise units in the U. S. and Canada. 1964 Kentucky Fried Chicken has more than 600 franchised outlets in the United States, Canada and the first overseas outlet, in England. Sanders sells his interest in the U. S. company for $2 million to a group of investors headed by John Y. Brown Jr. , future governor of Kentucky.The Colonel remains a public spokesman for the company. 1965 Colonel Sanders receives the Horatio Alger Award from the American Schools and Colleges Association. 1966 The Kentucky Fried Chicken Corporation goes public. 1969 The Kentucky Fried Chicken Corporation is listed on the New York Stock Exchange. 1971 More than 3,500 franchised and company-owned restaurants are in worldwide operation when Heublein Inc. acquires KFC Corporation. 1976 An independent survey ranks the Colonel as the world's second most recognizable celebrity. 1977 Colonel Sand ers speaks before a U. S.Congressional Committee on Aging. 1979 KFC cooks up 2. 7 billion pieces of chicken. There are approximately 6,000 KFC restaurants worldwide with sales of more than $2 billion. 12/16/1980 Colonel Harland Sanders, who came to symbolize quality in the food industry, dies after being stricken with leukemia. Flags on all Kentucky state buildings fly at half-staff for four days. 1982 Kentucky Fried Chicken becomes a subsidiary of R. J. Reynolds Industries, Inc. (now RJR Nabisco, Inc. ) when Heublein, Inc. is acquired by Reynolds. 1986 PepsiCo, Inc. acquires KFC from RJR Nabisco, Inc. 1997 PepsiCo, Inc. nnounces the spin-off of its quick service restaurants – KFC, Taco Bell and Pizza Hut – into Tricon Global Restaurants, Inc. 2002 Tricon Global Restaurants, Inc. , the world's largest restaurant company, changes its corporate name to YUM! Brands, Inc. In addition to KFC, the company owns A;amp;W ® All-American Food ® Restaurants, Long John Silversà ‚ ®, Pizza Hut ® and Taco Bell ® restaurants. 2006 More than a billion of the Colonel's â€Å"finger lickin' good† chicken dinners are served annually in more than 80 countries and territories around the world. 2007 KFC proudly introduces a new recipe that keeps the Colonel's 11 herbs and pices and finger-lickin' flavor, but contains Zero Grams of Trans Fat per serving thanks to new cooking oil. 2008 The Colonel has a new look! KFC updates one of the most recognized, respected and beloved brand icons with a new logo. The new logo depicts Colonel Sanders with his signature string tie, but for the first time, replaces his classic white, double-breasted suit with a red apron. The apron symbolizes the home-style culinary heritage of the brand and reminds customers that KFC is always in the kitchen cooking delicious, high-quality, freshly prepared chicken by hand, just the way Colonel Sanders did 50 years ago. 009 KFC introduces Kentucky Grilled Chickenâ„ ¢ – a bette r-for-you option for health conscious consumers who love the flavor of KFC. Kentucky Grilled Chicken has less calories, fat and sodium than KFC’s Original Recipe ® chicken, without sacrificing the great taste of KFC. APPENDIX 2: Corporate social responsibility – What does it mean? By Mallen Baker: First published 8 Jun 2004 One of the most frequently asked questions at this site – and probably for all those individuals and organizations dealing with CSR issues is the obvious – just what does ‘Corporate Social Responsibility' mean anyway?Is it a stalking horse for an anti-corporate agenda? Something which, like original sin, you can never escape? Or what? Different organizations have framed different definitions – although there is considerable common ground between them. My own definition is that  CSR is about how companies manage the business processes to produce an overall positive impact on society. Take the following illustration: Com panies need to answer to two aspects of their operations. 1. The quality of their management – both in terms of people and processes (the inner circle). 2.The nature of, and quantity of their impact on society in the various areas. Outside stakeholders are taking an increasing interest in the activity of the company. Most look to the outer circle – what the company has actually done, good or bad, in terms of its products and services, in terms of its impact on the environment and on local communities, or in how it treats and develops its workforce. Out of the various stakeholders, it is financial analysts who are predominantly focused – as well as past financial performance – on quality of management as an indicator of likely future performance.Other definitions The World Business Council for Sustainable Development in its publication Making Good Business Sense  by Lord Holme and Richard Watts, used the following definition. â€Å"Corporate Social Resp onsibility is the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as of the local community and society at large† The same report gave some evidence of the different perceptions of what this should mean from a number of different societies across the world.Definitions as different as  CSR is about capacity building for sustainable livelihoods. It respects cultural differences and finds the business opportunities in building the skills of employees, the community and the government  from Ghana, through to  CSR is about business giving back to society  from the Philippines. Traditionally in the United States, CSR has been defined much more in terms of a philanthropic model. Companies make profits, unhindered except by fulfilling their duty to pay taxes. Then they donate a certain share of the profits to charitable causes.It is seen as tainting the act for the company to receive any benefit from the giving. The European model is much more focused on operating the core business in a socially responsible way, complemented by investment in communities for solid business case reasons. Personally, I believe this model is more sustainable because: 1. Social responsibility becomes an integral part of the wealth creation process – which if managed properly should enhance the competitiveness of business and maximize the value of wealth creation to society. 2.When times get hard, there is the incentive to practice CSR more and better – if it is a philanthropic exercise which is peripheral to the main business, it will always be the first thing to go when push comes to shove. But as with any process based on the collective activities of communities of human beings (as companies are) there is no ‘one size fits all'. In different countries, there will be different priorities, and values that will shape how business act. And even the observations above are changing over time. The US has growing numbers of people looking towards core business issues.For instance, the CSR definition used by Business for Social Responsibility is: â€Å"Operating a business in a manner that meets or exceeds the ethical, legal, commercial and public expectations that society has of business. † On the other hand, the European Commission hedges its bets with two definitions wrapped into one: â€Å"A concept whereby companies decide voluntarily to contribute to a better society and a cleaner environment. A concept whereby companies integrate social and environmental concerns in their business operations and in their interaction with their stakeholders on a voluntary basis. †When you review each of these, they broadly agree that the definition now focuses on the impact of how you manage your core business. Some go further than others in prescribing how far companies go beyond managing their own impact into the terrain of acting specifically outside of that focus to make a contribution to the achievement of broader societal goals. It is a key difference, when many business leaders feel that their companies are ill equipped to pursue broader societal goals, and activists argue that companies have no democratic legitimacy to take such roles. That particular debate will continue.LIST OF REFERENCES: [Book]: Crane, A. and Matten, D. 2007,  Business Ethics:   Managing Corporate Citizenship and sustainability in the age of globalization, 2nd Edition, Oxford University Press Inc. , New York, accessed on 15th December 2009, available. [Book]: Frederick R. E. , A Companion To Business Ethics Wiley-Blackwell, August 9 2002, accessed on 15th December 2009, available. [Book]: J. Brooks, L. & Dunn, P. (2009), Business & Professional Ethics for Directors, Executive & Accountants 5th  edition, Cengage Learning (2009), accessed on 12th December 2009, available. Book]: Managing informatio n technology in a global environment:  2001 Information Resources Management Association International Conference, Toronto, Ontario, Canada, May 20-23, 2001, accessed on 11th December 2009, available. [Online]: http://animalethics. blogspot. com/2009/10/h-b-acton-1908-1974-on-animal-rights. html, accessed on 9th December 2009, available. [Online]: http://animalrights. about. com/od/animalsusedforfood/f/Controlled-Atmosphere-Killing-What-Is-Controlled-Atmosphere-Killing. htm, accessed on 11th December 2009, available. [Online]: http://www. atimes. om/atimes/China_Business/ID20Cb02. html, accessed on 11th December 2009, available. [Online]: http://www. caterersearch. com/Articles/29/10/2009/330646/Leicester-Square-KFC-faces-13-food-hygiene-charges. htm, accessed on 15thDecember 2009, available. [Online]: http://www. china. org. cn/english/China/206787. htm, accessed on 10th December 2009, available. [Online]: http://www. china. org. cn/english/China/206640. htm, accessed on 10th Dec ember 2009, available. [Online]: http://www. china. org. cn/english/BAT/205948. htm, accessed on 10th December 2009, available. [Online]: http://www. hina. org. cn/english/China/208113. htm, accessed on 10th December 2009, available. [Online]: http://www. chinadaily. com. cn/china/2007-03/09/content_823985. htm, accessed on 14th December 2009, available. [Online]: http://www. darkztar. com/forum/showthread. php? 52669-The-ethical-dilemmas-of-fast-food-industries, accessed on 7th December 2009, available. [Online]: http://www. ehow. com/about_5481837_ethical-dilemma_. html#ixzz1f0HrybvU, accessed on 8th December 2009, available. [Online]: http://edwardkhoo. com/kentucky-fried-chicken-kfc-animal-cruelty/, accessed

Wednesday, December 25, 2019

Ielts Essay Samples Band 9 Book Reviews & Tips

Ielts Essay Samples Band 9 Book Reviews & Tips The Foolproof Ielts Essay Samples Band 9 Book Strategy Complex sentences are accurate and there's also passive voice used. Check out whether it is possible to turn the page with some arrow keys or click a particular part of the display, aside from using the mouse to handle everything. Check out whether you may turn the page with some arrow keys or click a distinctive part of the display, apart from utilizing the mouse to control everything. Check out whether it is possible to turn the page with some arrow keys or click a particular portion of the display, aside from utilizing the mouse to deal with everything. Choosing Good Ielts Essay Samples Band 9 Book Our sample essay has a straightforward but superior introduction in which it demonstrates that the examinee has knowledge of this issue and clearly states the writer's position to establish the remainder of the essay. Within this book we show you how you can analyze the Tas k 2 question, and we explain the different sorts of essay you might be requested to write. By utilizing different techniques of page turn you may also improve your eBook encounter. When you buy the book or books you're going to be sent a link at which you may download the complete PDF of the ebook. It's possible that you try many techniques to turn the pages of eBook to boost your reading experience. But if you're doing the overall training, the Task 2 book will nonetheless be suitable as you need to compose an essay. Download here The book is made to be a self-study guide. Besides offering somewhere to save all of your valuable eBooks, the eBook reader software even provide you with a significant number of features in order to boost your eBook reading experience in connection with the typical paper books. Aside from offering a place to save all your precious eBooks, it even give you a great number of attributes to be able to improve your eBook reading experience than the standard paper books. Besides offering a place to save all your valuable eBooks, it even give you a high number of features to be able to enhance your eBook reading experience in relation to the conventional paper books. The exorbitant price of purchasing and keeping up a private vehicle will encourage many folks to begin utilizing the public transport instead. What's more, taking away the subject could indirectly decrease the total amount of perceived options available to students. While the procedure for making cement ut ilizes numerous tools, the creation of concrete requires only a concrete mixer. 1 way to solve the issue of congestion on the roads is to raise the tax on private vehicles. The Tried and True Method for Ielts Essay Samples Band 9 Book in Step by Step Detail Please be aware that you DO NOT require a paypal account to generate a payment. Hence, it's said, marry for money is right in a point. A big disadvantage of an admission fee is the chance of cutting back the amount of visitors. Imposing a greater tax on car ownership is among the best methods to lower traffic congestion. The Hidden Gem of Ielts Essay Samples Band 9 Book This is precisely what you should do to allow it to be clear to the examiner what you consider the question and also enables them to follow the remainder of your essay. As a consequence the essays are rather interesting in addition to being instructive. I've taken a different approach simply to show you a different method of answering the identical quest ion. Examine the model essay and read the comments. All About Ielts Essay Samples Band 9 Book Consider utilizing the mouse if you're comfortable sitting back. For instance, it is valid to argue that lots of young folks want to emulate the fashion styles of their idols. To a lot of individuals, it's appropriate to marry for money as opposed to love. So, for lots of people, it may appear appropriate to marry for money as opposed to love. Accordingly, by being merely conscious of their place in the planet, readers or viewers can greatly increase their knowledge of the conflict. I am very pleased I managed to assist you reach this goal and I hope you may continue at this level later on. You've used cohesion in a manner that attracts no attention. However, I think that it isn't the sole element that contributes to the trend. The Tried and True Method for Ielts Essay Samples Band 9 Book in Step by Step Detail By following the tips within this book, you can maximise your poss ibility of obtaining a high band in IELTS writing, even if your English isn't perfect. Thus don't get intimidated if you believe you can't write such essays. Looking at IELTS essay topics with answers is a significant approach to assist you to get ready for the test. The Meaning of Ielts Essay Samples Band 9 Book Certainly, money is a significant role in our lives. Certainly, it plays an important part in our lives. It's hard for any persons to accept a partner who doesn't have money or no less than a job to look after their upcoming family. It's hard for any persons to accept a partner that does not have money or no less than a job to manage future family.

Tuesday, December 17, 2019

The Subfield Of Psychology Known As Physiological Psychology

The subfield of psychology known as Physiological Psychology studies the relationship between this physical functioning of an organism’s brain and its behavior. It developed from Rene Descartes’s speculations about the role of the mind. Descartes believed that each person possesses a mind and was the first one to suggest that there is a link between the body and mind. Furthermore, Descartes clearly identified the mind with consciousness and self-awareness and distinguished this from the brain as the brain being in control. He argued that the mind interacts with the body via pineal gland. Descartes’s own view on dualism known as Cartesian dualism shows that the mind influences the body and that there is a two-way interaction that occurs†¦show more content†¦Growing connections allow the individual to fully understand how their individual thoughts carry great poetential. The brain has made it possible for humans to interpret, store, and create vast connect ions that allow us to achieve great things such as sending a man to the moon, composing masterpieces in art and music, and being able to further advance in science. The brain is the sole organ that is responsible for managing everyday life and having a better understanding of how the brain works have helped society advance and evolve biologically. The hippocampus sits right under the temple in the temporal lobe and it functions in regulating emotion and memory. Damage to the brain can be lethal and can affect everyday life, imagine waking up one day realizing that every memory was wiped and you were completely unaware that you are stuck in time. This condition is known as retrograde amnesia occurs when there is damage inflicted upon the Hippocampus. One of the most famous cases of amnesia is that of H.M. otherwise known as Henry Gustav Molaison. Henry Gustav Molaison was born in Manchester Connecticut on February 26TH, 1926. Molaison suffered from severe seizures after his bicycle a ccident that occurred when he was 9 years old. In 953, he underwent an experimental procedure under the supervision of Dr. William Beecher in Hartford, Connecticut. H.M underwent a bilateral medial temporal lobectomy, that removed most of the hippocampus, as well as theShow MoreRelatedHistorical Reference Of Social Psychology1169 Words   |  5 Pages Historical Reference of Social Psychology Social psychology uses scientific methods to understand how people’s opinions and behaviors are influenced by the actual presence or the implied presence of others. Social psychology is an integrative field that builds the gap between psychology and sociology. Sociology, on the other hand, is the scientific study of human behavior. In addition, social psychology is a comparatively new field that originated in the early 20th century. In 1954 Gordon AllportRead MoreWhat Does You Do For Your Life?1511 Words   |  7 Pagespassionate in? Deciding on Psychology wasn’t some overnight thing. I always found it interesting and it made me genuinely happy but I always told myself to not pursue it because of all the bad things I heard. Psychology is truly a vast career with plenty of opportunities. People who have always been interested in learning about humans, whether that be the brain or how outside forces can drastically shape us, and want to help others should consider a car eer in Psychology. You have to be able to juggleRead MoreThe Intellectual Roots Of The Behaviorism Movement2174 Words   |  9 Pageswithin the field of psychology is identified him as the founder of this movement to move toward the study of behavior. Behaviorism began in the roots of the American Progressive Movement of 1880 to 1920 when Social Darwinism was taken seriously (Behjamin, 2014). 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Monday, December 9, 2019

Gathering and Identifying Relevant Facts †Myasssignmenthelp.Com

Question: Explanation Gathering and Identifying the Relevant Facts? Answer: Introduction As students of law, we often come across stages where it becomes difficult to address a legal problem. In fact, finding a solution to the problem seems difficult because our approach to the problem is unsystematic. We stop questioning and start seeking answers. Then I came across MIRAT[1] which gave me clarity of reasoning as the use of this acronym helped in arranging my thoughts in a pattern. MIRAT, which was first discussed by Wadein his legal problem solving article is an extension of Charles Engels PBL (Problem-Based Learning) process. The purpose of PBL process is not to focus on a problem with a defined solution, but to develop definite skills and attributes which allow access to ways of finding a solution. The acronym 'MIRAT" stand for: M - Material facts - present or absent I - Issues of law and "policy" R - Rules and Resources A - Arguments (or Application) T - Tentative Conclusion In my opinion, IRAC - Issue, Rule, Application, and Conclusion is also a suitable way. Gathering and Identifying the Relevant Facts Material Facts: Analysing the Problem Broadly, a "material" fact is described as that fact which we can use for creating a line of deductive reasoning and becomes vitally important for solving the problem. I presume that material facts can be helpful even in providing advice to our clients in selecting from a range of options in finding a solution to a problem. [2] I can create a useful model for this concept by illustrating three categories of facts: Clear Material Facts, such as John pulled the guns trigger[3]; or net income of the company showed a 40% decline[4]. Clear Immaterial Facts, such as Mary has freckles; or Steven once travelled to Auckland. But if the immaterial facts can become material facts if they are stated as facts, policies or rules for identifying the issues, such as Mary had freckles at the age of 17; or Steven travelled to Auckland in 2007. Know the Adversary In the light of above factors, my advice to the client would be to know your adversary. I would attempt at understanding who they are; what is their lifestyle; and what factors motivate them. In case my clients adversary is a firm, my effort would be to learn about its values or the way in which they do business, and then use these facts to identify the decision-making factors for resolving the dispute[5]. Although information about the adversary obtained from my client is important, I would prefer not to rely solely on it, because my client may have formed a biased opinion of the adversary. Among the many other ways of finding the material facts is the straightforward way of questioning the adversary at their deposition. I also find that interviewing or getting depositions of those involved in the case is a more reliable source of gathering the material facts about an adversary[6]. It is also possible that research about the adversary may produce some useful negative material facts and as a lawyer I could use these for undermining the position of the adversary in the dispute and may help me in putting a resolution which they willingly accept. Strategies for Identifying the Legal Issue Issues of Law: Identifying the Information Identifying the issue, in my opinion, is the first stage of finding the solution to a legal problem. To initiate this process, I need to identify a rule or a group of rules which are the nearest to the material facts of the problem. And then to phrase it as a question. I often hear my teachers saying "It is more important to ask the right questions then to find the right answers" Example Problem When I was studying the case ofBernstein v Skyviews General Ltd[1978] Q.B. 479, I came across the following passage about this case in a textbook, and I quote: InBernstein v Skyviews, the defendant company flew an aircraft over the claimants land and took a picture of his house. He alleged trespass on the basis that he who owns the land owns everything from the depths of the earth to the highest heavens. It was held that this maxim did not apply and that the claimant should only be able to sue for trespass into his airspace to the extent to which it was necessary for the reasonable enjoyment of his land. This was not the case here. In my view, I analysed the situation in the form of this question Mario flew an aeroplane over Janes land in order to take photographs. In my analysis, I identified the legal problem in the following way: Identification of problem The problem identified by me in accordance with the case ofBernstein v Skyviews General Ltd[1978] Q.B. 479 was whether Mario is liable for trespass into the airspace above Janes land. My teacher suggested to study the extracts of the judgment and I will understand the way how the judge formulated the legal problem which he had to deal with in this case. My analysis of this disputes was that a misunderstanding between the parties about rights and obligations under the law led to this case[7]. My effort would be in getting the parties to come to an understanding of the law in achieving an agreed resolution. I am of opinion that if a dispute arises in an area of the law with which I am not very familiar, I must invest time and effort to determine the law which will govern the dispute. This is because of fact that law has become so extensive that it is not possible for a lawyer to know it all[8]. Hence, once I confirm the legal principles involved in the identified problem, I am in a better position to resolve any misunderstanding my client may have. Make Sure to have the Facts Right My assertion is that like material facts, issues also emerge gradually. Initially, they may arise from first impression, experience or the gut reaction, but will arise from details as the legal research progresses. According to my teacher, as an issue gets identified, it gives rise to the question How did you decide that was an issue? As has been seen in the above case, most of the disputes arise from misunderstanding of the facts by one of the parties[9]. I believe that if the parties can reconcile by understanding the facts, arriving at a resolution becomes easier. But for that, each party to the dispute must confirm own understanding of the facts before addressing the misunderstanding by the adversary. It is common for people to make assumptions about the facts or jump to conclusions, because they or their employees think that they did what was to be done and the fault is of other party. I always insist that every party to the case must invest quality time and effort in understanding the facts. They must go through the documents and review them carefully. Even if this means going to the adversary for additional information and documents[10]. Researching the Most Relevant Law Rules, Research and Resources Sometimes I get too intimidated into using books as I think that is where the solution to the problem lies. But my teacher tells me that they are not the only research resource. My teacher insists on development of interviewing skills and to use them for the right person at the right time[11]. In the class, we are repeatedly asked these questions: "Please tell me, according to the books, what rule applies to this particular issue?" "How did you locate that rule?" "What alternative versions to that rule did you discover?" Two Approaches I have deduced from my classroom debates that there are often two approaches to achieve a resolution by agreement. One by fighting it out in the court with the adversary. Second by approaching the legal dispute as a problem and find the solution. I am of opinion that problems do get solved if people apply their persistence, resources and skills in finding out ways towards a solution. When a legal problem is viewed in this way, one uses the legal procedures and rules as tools and skilfully works through the dispute. I find that the problem-solving approach offers some very potential advantages[12]. In case the parties find a way of working through the legal dispute, it becomes easier to get to the resolution. It not only saves on time, effort but is comparatively inexpensive. It also offers control over the outcome and there is the possibility of an ongoing harmonious relationship between the parties. But the problem lies in the challenge of applying the problem-solving approach to the legal dispute[13]. Disputes arise because of human relationships as these are variable and sometimes volatile. Hence, each dispute has a uniqueness of the facts, the parties, their circumstances and sometimes the lawyers. In my learning experience, I found that the problem-solving approach had potential advantages and the warfare approach had potential drawbacks. In my opinion, a persistent and skilful application of the problem-solving approach can be effective in overcoming several key problems[14]. Applying the Law to the Facts Arguments and Application It has been observed that most law students initially yearn to have the certainty of a clear answer. In achieving this, they often leap quickly from the facts or issues or rules to a definitive conclusion. It is required that they be taken a few steps back and asked to develop an argument involving both the parties to the issue. They must develop a counter-punch for every punch delivered; develop a counter-move for every move[15]. This writer's experience is that most often, the creative arguments and counter-arguments developed by the students is based on their own experiences or perceptions of the policy about which they are arguing. Applying the Law: Although not much information is available in the Jane v Mario problem discussed above, but we can carry forward our argument based on the overall structure of the judges argument, which I reproduce below In the problem we have been given there is insufficient information to be able to form a definite conclusion as to whether a court would hold Mario liable in trespass to land followingBernstein. However, if Mario had been taking lots of photographs and being doing so persistently, it might be that he could be held as interfering with Janes reasonable use of her land. Also, if Jane was running a park which involved putting things in the air, or which needed extra quiet, such as a nature reserve, and Mario were flying his aircraft at a low height, then Jane will be able to argue convincingly that she needs to exclude people from that airspace for the reasonable enjoyment of her land. Unquote. My statement in this matter is that every convincing argument can be met with a proposition, such as - "well, how would you respond to your own argument?" I still believe in the dictum that educationally there can never be such thing as a wrong or foolish argument. In every lawyer's career, maybe at a later stage, there may come some culturally inappropriate arguments which occur because of public ridicule or gossip or loss of clients but these should not lead to a social excommunication[16]. Problem-based Learning (PBL) Thus I come back, again, to the Problem-based learning (PBL) process, which, with its emphasis on active learning, still appears to be the best way to encourage students, especially those in their early years of learning, to develop the required skills which they would need when dealing with the frequently confronted complexities. My teacher believes that this is an approach which can be effective in teaching the skills of legal problem solving[17]. We are often confronted with Professor Charles Engel explanation of this PBL process of PBL as follows: analysis of the problems presented; identification of information required; specification of the required information; study in order formulate answers; and application of newly acquired knowledge. Communicating Your Advice Conclusion When educational goals, such as thinking like a lawyer are used, they become the cause of a sloppy course preparation, not to mention the students frustration. In my opinion, the MIRAT framework of analysis ably provides a simple and structured goal. Although MIRAT may not help all types of students, it is effective as it has been tested by the experts for number of years with enthusiastic response. As a novice practitioner of this art, I prefer not to use the adjective tentative with conclusion. No doubt, a confident and unqualified conclusion is justified when the weight of the arguments is towards such conclusions. In my view, the acronym MIRAC seems more appropriate than MIRAT, when it comes to describing the reasoning process. As law students, we need to practise various style of expressions so as to avoid being misguided with an over-confident or an underconfident or a premature conclusion. How many permutations are required to be pursued so that we can analyse a problem properly? This is one aspect which often daunts the law students. There are often multiple ways of endeavour which naturally come into existence once the student acknowledges that the issue can have more than one possible conclusion. Some teacher give a relief through repetitive models to suggest the correct route of the probable conclusions. We have been taught that at the law school, development of reasoning and process skills is more important than discovering what is probably the right answer[18]. Regularly Reconsider Clients Position On basis of the above discussion, it can be safely vouched that a lawyers initial analysis of the clients perspective in a dispute may change as the case progresses. The lawyer may learn facts which change the perspective substantially or he may attain an improvised understanding about some stated facts. Sometimes, the lawyer may discover a legal principle or statute or a term in the contract which was not known initially or was overlooked or wasnt realized to be applicable to the dispute. Hence, in view of this author, a regular reconsideration and analysis of the clients position during the progress of the dispute is essential. Make Litigation Tactics Consistent with Resolution Tactics As a lawyer, I am constantly facing the challenge of trying either to achieve the agreed resolution to the dispute and at the same time litigating and preparing the case for trial. In case my problem-solving tactics not in tune with my litigation tactics, there is strong possibility that it may undermine my ability of achieving the agreed resolution. Hence, I need to tread carefully every step which I take in the lawsuit. Do my claims asserted have a solid basis in fact and law? Is there a sound argument for the damages sought? Do my answers admit those allegations about which there is no dispute? Am I focused on the facts which need to be developed for understanding the case? It is not advisable for early stage lawyers to submit to a scorched-earth approach when finalising their theories for discovery or extreme positions in their claims or defences. An excessive position may poison the cordial atmosphere for reaching an agreed resolution and is hence usually considered unnecessary for making the trial preparations effective. As discussed in this paper, use of available legal procedures and tools should be made in the lawsuit to work through the issues which are hindering the process of the agreed resolution. It is for the lawyer to take a stand on behalf of the client. If the client views the facts differently, it is for the lawyer to see that the right perspective is used to develop the facts. In case the client understands the law differently, the lawyer should reconsider the legal principles involved. References Alexander, M. 2013, The New Jim Crow. The New Press, New York. Bargen, J. 2014, Young people and crime/Disadvantaged young people. Hot topics, Sydney, N.S.W. no. 73. Bryant, C.D. (ed.) 2012, Routledge Handbook of Deviant Behaviour. Taylor Francis, Oxon. Carl, J., Baker, S., Robards, B., Scorr, J., Hillman, W. and Lawrence, G. 2011, Think Sociology. Pearson Higher Education AU, Frenchs Forest, NSW. Dunbabin, H. 2011, CHILD CRIMINALS IN THE MEDIA. Internet Journal of Criminology 2011. Graham, J. and Bowling, B. 2015, Young people and crime. London Home Office Research and Statistics Department, London. Lewis, B. and Lewis, J. 2014, Health Communications: A Media and Cultural Studies Approach. Palgrave Macmillan, London. Muncie, John (2006). Governing Young People: coherence and contradiction in contemporary youth justice. Critical Social Policy, 26(4) pp. 770793. Nalla, M.K. and Newman, G.R. (ed.) 2013, Community Policing in Indigenous Communities. CRC Press, Boca Raton, FL. Pope, K. 2014, Researching youth victims and offenders. Centre for Social and Educational Research, Dublin Institute of Technology, Dublin. Short, D. 2016, Reconciliation and Colonial Power: Indigenous Rights in Australia. Routledge, Oxon. Steinberg, L. 2000, Youth Violence: Do Parents and Families Make a Difference? National Institute of Justice Journal ? April 2000. pp 31-38. Travers, M. 2009, Understanding Law and Society. Routledge, Oxon. [1] First used by John H. Wade. (1990) in the article "Meet MIRAT legal reasoning fragmented into learnable chunks". Available at https://epublications.bond.edu.au/law_pubs/94 [2] Bolton v Stone [1951] AC 850 [3] Wyong Shire Council v Shirt (1980) 146 CLR 40 [4] Paris v Stepney Borough Council [1951] AC 367 [5] Chapman v Hearse (1961) 106 CLR 112 [6] Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 [7] Caltex Oil (Australia) Pty Ltd v The Dredge (1976) 136 CLR 529 [8] L. Shaddock Associates Pty Ltd v Parramatta City Council (1981) 150 CLR 225 [9] Bolton v Stone [1951] AC 850 [10] Romeo v Conservation Commission (NT) (1998) 192 CLR 431 [11] Jaensch v Coffey (1984) 155 CLR 549 [12] Chester v Waverley Corporation (1939) 62 CLR 1 [13] Caltex Oil (Australia) Pty Ltd v The Dredge (1976) 136 CLR 529 [14] L. Shaddock Associates Pty Ltd v Parramatta City Council (1981) 150 CLR 225 [15] McWilliams v Sir William Company Ltd [1962] 1 WLR 295 [18] Jaensch v Coffey (1984) 155 CLR 549

Sunday, December 1, 2019

The Nation Takes Shape Essay Example For Students

The Nation Takes Shape Essay The Nation Takes Shapeby Marcus Cunliffepublished by the University of Chicago Press1789-1800Bobby EarlMs. C. LoveFebruary 12, 1998The period of time from 1789 to 1839 was an age of growth for the United States of America; the United States grew bigger and better in general, it expanded into the West, and its commerce and industry also grew substantially. This is in part because of the great political leaders such as George Washington, Thomas Jefferson, and Andrew Jackson, but also in part of growing national pride and the yearning to become a successful nation. America grew larger and improved greatly in the first half century of its life. The territory of the United States tripled in size as America bought large amounts of property from other nations, and the number of the states in the Union doubled. The population doubled twice from around four million people to almost sixteen million people, and by the year 1840 rolled around. American exports also quadrupled in size to about $80 million dollars in profit. The national debt from earlier years was completely paid off in this time period; a feat that has not been accomplished since. An Army and Navy were established to protect the country, and judiciary, legislative, and executive departments of the government were formed with the ratification of the Constitution of the United States of America. Transportation became much easier in America by 1840. Approximately 2500 miles of canals and 3000 miles of railroads had been constructed. Harbors, lighthouses, and dry docks had also greatly incr eased in number to aid the seafarers. In the first fifty years of its history, almost all parts of America grew enormously, from schools to post offices to forts. America was a becoming a stronger nation in a world of giants. We will write a custom essay on The Nation Takes Shape specifically for you for only $16.38 $13.9/page Order now Another area of American growth was the West. As the Constitution was being signed, virtually no one lived on the western side of the Appalachian mountains. The Louisiana Purchase doubled the United States in size, however, and people soon started to expand into the empty space. At first, the thirteen original states argued over land boundaries from the colonial times. Eventually, they all ceded the controversial land to the United States government. The American government soon issued the Northwest Ordinance to deal with the land in the northwest. The ordinance divided up the territory into townships of thirty-six square mile sections. Each square mile would be sold at about $640. The ordinance also set the requirements the territory had to meet to be given a non-voting representative in Congress and to be eligible for statehood. The Northwest Ordinance also outlawed slavery in the Northwest Territory. There were other residents of this territory, however. Many Native Americans were pushed out after Mad Anthony Wayne defeated them at Fallen Timbers. Also, Jays Treaty prevented the British from intervening in the Northwest Territory any longer. This eradication of non-Americans left room for many more people to move west and gave them a more secure feeling of safety. There were quite a few more reasons that people wanted to move out west. One of the reasons was because of the lack of farming land in the east. In the Northeast the soil was too rocky and poor to be able to sustain profitable farms. In the middle states, the soil was being eroded away; the tobacco plantations were ruining the soil in the South. Another reason was because the ideal of Manifest Destiny, the belief that the United States should reach from coast to coast, was becoming more popular. For these reasons and more, the population in the West grew rapidly, and the empty territories quickly became states. .ufec48c09fba3d78101b9d95c9a37f92c , .ufec48c09fba3d78101b9d95c9a37f92c .postImageUrl , .ufec48c09fba3d78101b9d95c9a37f92c .centered-text-area { min-height: 80px; position: relative; } .ufec48c09fba3d78101b9d95c9a37f92c , .ufec48c09fba3d78101b9d95c9a37f92c:hover , .ufec48c09fba3d78101b9d95c9a37f92c:visited , .ufec48c09fba3d78101b9d95c9a37f92c:active { border:0!important; } .ufec48c09fba3d78101b9d95c9a37f92c .clearfix:after { content: ""; display: table; clear: both; } .ufec48c09fba3d78101b9d95c9a37f92c { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ufec48c09fba3d78101b9d95c9a37f92c:active , .ufec48c09fba3d78101b9d95c9a37f92c:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ufec48c09fba3d78101b9d95c9a37f92c .centered-text-area { width: 100%; position: relative ; } .ufec48c09fba3d78101b9d95c9a37f92c .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ufec48c09fba3d78101b9d95c9a37f92c .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ufec48c09fba3d78101b9d95c9a37f92c .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ufec48c09fba3d78101b9d95c9a37f92c:hover .ctaButton { background-color: #34495E!important; } .ufec48c09fba3d78101b9d95c9a37f92c .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ufec48c09fba3d78101b9d95c9a37f92c .ufec48c09fba3d78101b9d95c9a37f92c-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ufec48c09fba3d78101b9d95c9a37f92c:after { content: ""; display: block; clear: both; } READ: ABRAHAM LINCOLN One of the Gre EssayAnother area in which America grew considerably was in commerce and industry. Before the Revolution, the colonies and Britain had established a relationship in which the colonies would export many raw products to Britain, and Britain would export many finished products to America. After the Revolution, Britain remained the United States most valuable trading partner, but America also opened up to some new foreign markets, such as those in Latin America, the Mediterranean, and the Far East, areas economically controlled by major European powers. Between the years of 1793 to 1815, wars raged on in Europe, and both sides wanted American pro ducts. After the wars ended, the American market became even more fruitful. The plentiful timber supply and shipbuilding experience made the United States a leading producer in small, inexpensive sailing vessels. As America grew economically, so did its cities. Philadelphia was the largest city in 1790, but around 1820 New York became the largest city in America. New York strived to be the economic capital of America, and it slowly rose, leaving competing cities far behind. With such economic endeavors, America continued to significantly grow in the first half century of its history. As one can clearly see, one of Americas greatest eras of growth was in its first half century of history. An interesting fact one could find in the book The Nation Takes Shape is that by 1840 the frontier was moving west at an average of seventeen miles a year. Another fascinating point found in this book is that Noah Webster was challenged for including the words locate and location in the dictionary. A third enthralling detail is that many people bought land in small cities in the 1820s for about a dollar an acre, but by the 1940s, some of the land, in cities such as Chicago, had jumped to becoming worth over $3000. In conclusion, the first fifty years of Americas history were extremely important, for it was one of the periods of time in which America grew bigger and better in general, expanded into the West, and grew substantially in commerce and industry. History Essays