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Save to Officio Citizenship and Immigration Canada Citoyennete et Immigration Canada PROTECTED WHEN COMPLETED – B PAGE 1 OF 4 SCHEDULE A BACKGROUND / DECLARATION The principal applicant, his or her spouse or common-law partner, if applicable, and all dependent children aged 18 years or older listed in the application for permanent residence must complete their own copy of this form. If there is not enough space to provide all the necessary information, attach to this form a separate sheet of paper with further details.Print your name at the top of each additional sheet and indicate the form's title and the number of the question you are answering. Before you start completing this form, make enough photocopies for your needs. You can also print all or part of this form from our Web site at www. cic. gc. ca. BEFORE YOU START, READ THE INSTRUCTION GUIDE TYPE or PRINT in black ink Indicate whether you are The principal applicant 1. Your full name Family name The spouse, common-law partner or dependent child aged 18 years or older of the principal applicant 6.Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever: YES NO a) been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada? b) been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any other country? c) made previous claims for refugee protection in Canada or at a Canadian visa office abroad, in any other country or countries, or with the United Nations High Commissioner for Refugees (UNHCR)? ) been refused refugee status, an immigrant or permanent resident visa (including a Certificat de selection du Quebec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country? e) been refused admission to , or ordered to leave, Canada or any other country? f) been involved in an act of genocide, a war crime or in the commission of a crime against humanity? Date of birth Town/City of birth Country of birth Date of death, if deceased 5. Year Month Day Tito Given name(s) Roderick 2. Your full name written in your native language or script (e. . , Arabic, Cyrillic, Chinese, Korean, Japanese characters or Chinese commercial/telegraphic code) Roderick M. Tito 3. 4. Your date of birth Year Month Day 1972 01 17 Personal details of your father Family name Tito Given name(s) Felix 1 9 1 2 1 2 0 8 Danao City, Cebu Philippines Year Month Day g) used, planned or advocated the use of armed struggle or violence to reach political, religious or social objectives? h) been associated with a group that used, uses, advocated or advocates the use of armed struggle or violence to reach political, religious or social objectives? ) been member of an organization that is or was engaged in an activity that is part of a pattern of criminal activity? j) been detained, incarcerated or put in jail? 1 9 9 8 Personal details of your mother Family name at birth k) had any serious disease or physical or mental disorder? Tito If your answer to any of these questions is YES, provide details below. Given name(s) Fedilinda Date of birth Town/City of birth Country of birth Date of death, if deceased 1 9 4 7 0 4 2 7 Year Month Day Danao City, Cebu Philippines Year Month DayThis form is made available by Citizenship and Immigration Canada and is not to be sold to applicants. IMM 5669 (07-2011) E (DISPONIBLE EN FRANCAIS – IMM 5669 F) Save to Officio PAGE 2 OF 4 7. Education Give the number of years of school you successfully completed for each of the following levels of education. Elementary/ primary school Secondary/ high school University/ college Trade school or other post secondary school 6 4 1. 5 Give full details of all the secondary and post secondary education (including university, coll ege and apprenticeship training) you have had.From To Type of certificate or Name of institution City and country diploma issued Y M M Y 2 0 1 1 1 1 2 0 1 2 0 3 2 0 1 2 0 3 2 0 1 2 0 3 1 9 9 7 1 2 1 9 9 7 1 2 1 9 9 7 0 6 1 9 9 7 0 7 BMC Training Center for Welding and Fabrication Inc. BMC Training Center for Welding and Fabrication Inc. MIAP Training and Service Center / TESDA Region VII Technical Education and Skills Development Authority ( TESDA Region VII ) Mandaue Technical Institute Mabolo Cebu City, Philippines Mabolo Cebu City, Philippines Cebu City, Philippines Cebu City, Philippines 1 9 9 4 0 6 1 9 9 5 0 4 8. Personal historyMandaue City, Cebu Philippines Shielded Metal Arc Welding NC II ( 360 hrs. ) Industrial Pipefitting NC II ( 160 hrs. ) Industrial Pipefitting Course ( 80 hrs. ) Refrigeration and Air Conditioning 10 months Basic Seaman Course Provide the details of your personal history since the age of 18, or the past 10 years, whichever comes first. Start with the mos t recent information. Under â€Å"Activity†, write your occupation or job title if you were working. If you were not working, provide information on what you were doing (for example: unemployed, studying, travelling, retired, in detention, etc. ).Note: Please ensure that you do not leave any gaps in time. Failure to account for all time periods will result in a delay in the processing of your application. From Y M Y To M Activity Welding Instructor and Aircon Techinician City or town and country Cebu City, Philippines Name of company, employer, school, facility, as applicable Brilliant Metal Craft Training Center for Welding and Fabrication Inc. 2 0 1 2 0 6 2 0 1 2 12 2 0 1 0 12 2 0 1 2 0 3 Electromechanical Supervisor Servicing Department Supervisor Machinist / Tool keeper Machinist / Fitter Mandaue City, Philippines Mandaue City, PhilippinesMEPZ- I ,Mactan Island, Cebu, Philippines MEPZ- I ,Mactan Island, Cebu, Philippines ZERCOOL POWER Airconditioning and Electrical Servic es B and A TRADING and Airconditioning Services ABTECH Machineries and Engineering Services Corp. ATA Engineering and Technology Consortium Inc. 1 9 9 7 0 6 2 0 1 0 12 1 9 9 4 0 4 1 9 9 6 12 1 9 9 2 1 1 1 9 9 4 0 3 9. Membership or association with organizations What organizations have you supported, been a member of or been associated with? Include any political, social, youth or student organization, trade unions and professional associations. Do not use abbreviations.Indicate the city and country where you were a member. Write â€Å"NONE† in the box if you have not been a member of any association/organization. From Y M Y To M Name of organization Insovilla Plains Homeowners Association BMC Assistant Instructor NONE Type of organization SOCIAL STUDENT Activities and/or positions held within organization PRESIDENT PRESIDENT City and country Lapu-lapu City, Cebu Philippines Cebu City, Philippines 2 0 0 7 0 3 2 0 1 2 2 0 1 2 0 5 2 0 1 2 0 6 NONE NONE 10. Government positions List any government positions (such as civil servant, judge, police officer) you have held. Do not use abbreviations.Write â€Å"NONE† in the box if you have not held any government position. From Y M Y To M Country and level of jurisdiction (e. g. national, regional, municipal) NONE Department/Branch Activities and/or positions held NONE NONE NONE NONE IMM 5669 (07-2011) E Save to Officio PAGE 3 OF 4 11. Military service Provide below details of military service for each of the countries in whose armed forces you served. Write â€Å"NONE† in the box if you have not undertaken military service. Name of country NONE From Y M Y To M Branch of service, unit numbers and names of your commanding officers Rank(s) Dates and places of any active combatNONE NONE NONE NONE NONE NONE Name of country NONE From Y M Y To M Branch of service, unit numbers and names of your commanding officers Rank(s) Dates and places of any active combat NONE NONE NONE NONE NONE NONE 12. Addresses Li st all addresses where you have lived since your 18th birthday. Do not use P. O. box addresses. From Y M Y To M Juan Luna Street 749 M. L Quezon St. Cabancalan Insovilla Plains, Marigondon Street and number City or town Province, State or District Country 1 9 9 0 0 1 1 9 9 3 0 1 1 9 9 3 0 1 2 0 0 0 0 3 Danao City Mandaue CIty Lapu-lapu City Cebu Cebu Cebu Philippines Philippines Philippines 0 0 0 0 3 2 0 1 2 12 IMM 5669 (07-2011) E Save to Officio PAGE 4 OF 4 Authority to disclose personal information By submitting this form, you consent to the release to Canadian government authorities of all records and information any government authority, including police, judicial and state authorities in all countries in which you have lived may possess on your behalf concerning any investigations, arrests, charges, trials, convictions and sentences. This information will be used to assist in evaluating your suitability for admission to Canada or remaining in Canada pursuant to Canadian legisl ation.Declaration of applicant I declare that the information I have given is truthful, complete and correct. Year Month Day Signature Date DO NOT COMPLETE THE FOLLOWING SECTION NOW. YOU MAY BE ASKED TO SIGN IN THE PRESENCE OF A REPRESENTATIVE OF THE CANADIAN GOVERNMENT OR AN OFFICIAL APPOINTED BY THE CANADIAN GOVERNMENT. Solemn declaration I, , do solemnly declare that the information I have given in the foregoing application is truthful, complete and correct, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.Interpreter declaration I, , do solemnly declare that I have faithfully and accurately interpreted in the language the content of this application and any related forms to the person concerned. I have been informed by the person concerned, and I do verily believe, that he or she completely understands the nature and effect of these forms, and I make this solemn declaration consci entiously believing it to be true and knowing that it is of the same force and effect as is made under oath. Signature of applicant Signature of interpreterDeclared before me at Canadian Government official this day of of the year Name Please print or type Signature The information you provide on this form is collected under the authority of the Immigration and Refugee Protection Act and will be used for the purpose of assessing your application for permanent residence. It will be stored in Personal Information Banks (PPU 039 entitled Overseas Immigration Case File and PPU 042 entitled Immigrant Case File). It may be shared with other organizations in accordance with the consistent use of information under the Privacy Act.Under the provisions of the Privacy Act and the Access to Information Act, individuals have the right to protection of and access to their personal information. Details on these matters are available at the Infosource website (http://infosource. gc. ca) and are als o available at public libraries across Canada. IMM 5669 (07-2011) E Family Name: Tito Save to Officio Given Name: Roderick . 7. Education Give the number of years of school you successfully completed for each of the following levels of education. Elementary/ Secondary/ University/ 6 4 primary school high school collegeADDENDUM 1. 5 Trade school or other post secondary school Give full details of all the secondary and post secondary education (including university, college and apprenticeship training) you have had. From Y M Y To M Name of institution BMC Training Center for Welding and Fabrication Inc. City and country Mabolo Cebu City, Philippines Mabolo Cebu City, Philippines Cebu City, Philippines Cebu City, Philippines Type of certificate or diploma issued Shielded Metal Arc Welding NC II ( 360 hrs. ) Industrial Pipefitting NC II ( 160 hrs. ) Industrial Pipefitting Course ( 80 hrs. Refrigeration and Air Conditioning 10 months Basic Seaman Course 2 0 1 1 1 1 2 0 1 2 0 3 2 0 1 2 0 3 2 0 1 2 0 3 1 9 9 7 12 1 9 9 7 12 1 9 9 7 0 6 1 9 9 7 0 7 BMC Training Center for Welding and Fabrication Inc. MIAP Training and Service Center / TESDA Region VII Technical Education and Skills Development Authority ( TESDA Region VII ) Mandaue Technical Institute 1 9 9 4 0 6 1 9 9 5 0 4 . 8. Personal history Mandaue City, Cebu Philippines Provide the details of your personal history since the age of 18, or the past 10 years, whichever comes first. Start with the most recent information.Under â€Å"Activity†, write your occupation or job title if you were working. If you were not working, provide information on what you were doing (for example: unemployed, studying, travelling, in detention, etc. ). Note: Please ensure that you do not leave any gaps in time. Failure to account for all time periods will result in a delay in the processing of your application. From Y M Y To M Activity Welding Instructor and Aircon Techinician City or town and country Cebu City, Philippines Na me of company, employer, school, facility, as applicable Brilliant Metal Craft Training Center for Welding and Fabrication Inc. 0 1 2 0 6 2 0 1 2 12 2 0 1 0 12 2 0 1 2 0 3 Electromechanical Supervisor Servicing Department Supervisor Machinist / Tool keeper Machinist / Fitter Mandaue City, Philippines Mandaue City, Philippines MEPZ- I ,Mactan Island, Cebu, Philippines MEPZ- I ,Mactan Island, Cebu, Philippines Mandaue City, Philippines Danao City, Philippines ZERCOOL POWER Airconditioning and Electrical Services B and A TRADING and Airconditioning Services ABTECH Machineries and Engineering Services Corp. ATA Engineering and Technology Consortium Inc. 1 9 9 7 0 6 2 0 1 0 12 1 9 9 4 0 4 1 9 9 6 12 1 9 9 2 1 1 1 9 9 4 0 3 9 9 2 1 1 1 9 9 3 0 5 1 9 9 0 0 4 1 9 9 2 10 Production Worker Coal Miner Sunpride Foods, Inc. Almendras Mining Corporation 12. Addresses List all addresses where you have lived since your 18th birthday. Do not use P. O. box addresses. From Y M Y To M Street and number City or town Province, State or District Country 1 9 9 0 0 1 1 9 9 3 0 1 1 9 9 3 0 1 2 0 0 0 0 3 Juan Luna Street Danao City Cebu Philippines 749 M. L Quezon St. Cabancalan Insovilla Plains, Marigondon Mandaue CIty Lapu-lapu City Cebu Cebu Philippines Philippines 2 0 0 0 0 3 2 0 1 2 12 IMM 5669 (07-2011) E .

Case on Law of Quantum Meruit

Case Analysis Puran Lal Sah versus State of UP Submitted by – Aseem Agarwal (12PGPIM04) Nitin Gupta (12PGPIM21) Rahul Jain (12PGPIM24) Saumitra Das (12PGPIM28) Nishant Shah (12PGPIM29) Supreme Court of India Puran Lal Sah vs State Of U. P on 21 January, 1971 Equivalent citations: 1971 AIR 712, 1971 SCR (3) 469 Bench: Reddy, P Jaganmohan PETITIONER: PURAN LAL SAH Vs. RESPONDENT: STATE OF U. P. DATE OF JUDGMENT 21/01/1971 BENCH: REDDY, P. JAGANMOHAN BENCH: REDDY, P. JAGANMOHAN DUA, I. D. CITATION: 1971 AIR 712 1971 SCR (3) 469 1971 SCC (1) 424 ACT:Contract-Claim on basis of Quantum Meruit – When sustainable Brief Facts of the Case The Public Works Department of the State of UP had issued a tender notice to construct Mile 3 of the Nainital – Bhowali Road. They published Schedule B rates based on the calculation that stone would be available within 26 chains. The appellant inspected the site and found that there was stone available for construction within 26 chains. Satisfied he submitted a tender at 13% below the rates given in Schedule B on 30th September, 1946. Finally the tender was accepted and contract signed on 20th November, 1946.However when the appellant tried to take stone from the specific area, he was stopped by Cantonment authorities. Furthermore he was not given permission from the Cantonment authorities for the removal of stones. As a result he had to get stone from Gadhera and Bhumedar from a distance of 79 and 110 chains respectively. Also during the construction of the road he encountered very hard shale rock that wasn’t mentioned in the contract as result of which he had to do some extra work. He requested for a higher rate from PWD but was rejected.After that he commenced the work, finally when the work was finished the Executive engineer forwarded his request for a higher rate. In his letter dated 15th June 1950 he mentioned that since the appellant was unable to get the stone from within 26 chains and had to bring it from outside, he is entitled to get extra compensation. Under para 5 of the contract the appellant must be prepared to execute the work at original tender rate in excess of the given quantities of work upto 30 % and if he works in excess of 30% he is entitled to refuse the work if the rates are not increased.Since the appellant worked in excess of 30% he claimed a higher rate of payment for this extra work – Rs 48,840 due as balance together with interest by way of damages at 12% amounting to Rs 17,582 making a total of Rs 66,422. When this claim was rejected the appellant gave notice under Section 80 of the CPC and filed a suit for the above amount. The defendant-respondent resisted the suit due to 3 reasons – 1) No assurance was given to the appellant by officers of the PWD as alleged by them. ) Quantity of very hard shale rock shown by the appellant was false. 3) Under para 5 of the contract the appellant must be prepared to execute the work at original tender ra te in excess of the given quantities of work upto 30 % and if he works in excess of 30% he must intimate to Engineer-in-charge in writing his willingness or refusal to do extra work at original rates and if he refuses to carry on at the original rates he is required to settle fresh rates for increased work over 30% before doing the work.The appellant did no such thing but continued to work even after it went in excess of 30%. The trial court held issues 1, 2, 6 and 7 in favour of the appellant while issues 3, 4 and 5 were decided against him. As a result a decree for a sum of Rs 20,495 for extra lead plus Rs 1,653 for extra work done under the item very hard shale and Rs 4,155 interest by way of damages on Rs 22,158 making it a total of Rs 26,313 was passed with interest at 3 per cent per annum. The High court however reversed the decree for 2 reasons – ) Employment of the figure 26 chains was for no other purpose that that of calculation, it could not be held give any assura nce/guarantee to the contactors that they would get stone within the distance. 2) Plaintiff – appellant performed the work required of him without exercising his right under para 5 of the contract which gives him right to demand fresh rate in due of excess work done by him above 30 %. The appeal of the respondent was allowed and the suit dismissed. The case was taken for trial in the Supreme Court and the judgement is as given subsequently.Issues There were two main issues. 1) Whether the estimate of the PWD formed part of the contract so as to be binding on both parties and whether any assurance were given to the appellant that he would be given higher rates from bringing the stones from places situated at 79 chains and 110 Chains respectively. 2) Whether clause 5 of the special conditions of the contract was applicable to the extra item of work and whether he was entitled on the assurances given by the local officers to higher rate for the extra work done. Judgement ) a) In -none of the clauses of the tender notice or conditions of contract or in any other document was there any assurance that if stone was not available at the distance of 26 chains the appellant would ‘be paid higher rates. It was for the appellant to have satisfied himself before entering into the contract that the Cantonment authorities would permit him to take the stone. Since be commenced work after his request for higher rate was rejected, it could not be said that the appellant was in any way induced by any assurance. The Executive Engineer’s letter was only recommendatory and did not establish any right to obtain a higher rate. ) It could not be said that once stone was not available at a distance, of 26 chains, the contract was at an end and that because the appellant had done the work, he should be paid on the basis of quantum meruit. That remedy would be available only when the original contract had been discharged by the defendant in such a way as to entitle the plaintiff to regard himself as discharged from any further performance, and be elects to do so; but, where work is done under a contract persuant to its terms no amount can be claimed by way of quantum meruit. Adopi Parshad & Sons.Ltd. v. Union of India, [1960] 2 S. C. R. 793, followed. 2) The appellant could not succeed on second point also because under clause 12 of the contract Ext. B-1, the plaintiff was bound to perform additional work up to 30% on the same terms and conditions on which he undertook to do the work. The quantity of work that appellant performed was far in excess of what was mentioned in Ext. B-3. The Appellant therefore claimed payment for the work done by him in excess of the quantity mentioned in the contract plus 30% at the current rate as against the stipulated rates.Para 5 of the special instructions provides as follows: â€Å"Contractors must be prepared to do at their original tender rate in excess of the given quantities of work up to 30%. If an increa se in excess of 30% is ordered over the work, the contractor must intimate in advance his willingness or refusal to work at the originally tendered rates. In the latter case, he should also settle fresh rate for increases work over 30% before doing the work. Since there is no evidence nor it is claimed by the appellant that he had given any notice as required under Para 5 of the pecial instructions and since he did the work without fulfilling these requirements he is not entitled to claim any amounts at a higher rate for extra work done. Sections/Acts Sec 73 Indian Contract Act, 1872: Compensation for loss or damage caused by breach of contract. – When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likel y to result from the breach of it.Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract – When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. Explanation. In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused- by the non- performance of the contract must be taken into account Contract Claim on basis of Quantum Meruit The term â€Å"quantum meruit† means â€Å"as much as is merited† or â€Å"as much as earned†. It provides that where a person has done something or rendered some service for a nother, or delivered goods to him not intending to do so gratuitously, then he is entitled to recover a reasonable sum in case the contract has not been fully performed.Grounds for Claiming on the basis of quantum meruit: a. Work done in pursuance of a contract which has been discharged due to the defendant. b. Where services are rendered under an agreement which is discovered to be void. c. Where a person enjoys the benefit of a non-gratuitous act (Section 7). d. Where the contract is divisible and the party has enjoyed the benefit of the work done. Limitations: a. Where a contract requires complete performance. b. A person who is himself guilty of breach cannot sue on quantum meruit. . Any claim upon the basis of quantum meruit cannot be entertained unless there is evidence of an express or implied promise to pay for the work which has already been done. Others Cited Cases Alopi Parshad and Sons v. Union of India – This case was cited for the help to understand the present case for the interest as Damages or interest on damages. Case mentioned that the compensation on the principle of quantum meruit is awarded for work done or services rendered when the price thereof is not fixed by contract.It means when there is express term of an agreement the quantum meruit will not apply. As there is agreement and rates are fixed there cannot be any implied contract as express contract is present. Thus compensation quantum meruit cannot be awarded. Conclusion Quantum Meruit: The general rule is that unless one party has performed his obligation in full. He cannot claim performance from the other. However in certain cases, when one party has done some work under the contract and contract gets discharged due to some reason (not because of the party which has done some work).He is entitled to be paid for the work he has done. This is the principle of quantum meruit which means â€Å"as much as merited or earned† References: 1. Bansal, C L. (2006). Business an d Corporate Laws. New Delhi, India: Excel Books. 2. Puran Lal Sah vs State Of U. P. Retrieved from http://www. indiankanoon. org/doc/1394427/ 3. Section 73 in The Indian Contract Act, 1872. Retrieved from http://www. indiankanoon. org/doc/339747/ 4. M/S. Alopi Parshad & Sons, Ltd vs The Union Of India. Retrieved from http://www. indiankanoon. org/doc/1989300/

DB 217 Jak 5 Essay Example | Topics and Well Written Essays - 250 words

DB 217 Jak 5 - Essay Example However, the candidates maintain that withdraw of the conditional job offer violates the ADA. What should the court decide? There are various issues and questions to be answered in this case. Firstly, the court may evaluate the legality of the post-job offer medical test. According to the ADA, an employer should not request for a medical test as a condition of the offer; however, such tests may be required after the job offer (Colker 9). Although the Act recognizes a medical test post the job offer, it specifies the regulations governing such post-offer medical test. For instance, post-offer medical exams must be job-related and should be a requirement for all applicants for a similar position. Further, the employer should not withdraw the job offer based on any form of disability realized at this stage, unless in circumstances where the disability poses a threat in the workplace. Also, the employer must prove that there are no adjustments that can be instituted to accommodate the candidate. In the airline case, however, the accused does not show that the HIV status of the candidate can, in any way, impe de their performance or pose a health risk in the workplace. The other issue that the court ought to evaluate is whether the candidates needed to disclose their HIV status while declaring their medical history. Firstly, the ADA states that the employer may not ask the candidates of the existence of any disability before the job offer (Colker 7). Rather, the employer should only ask of the applicants ability to discharge the roles of the job. For these reasons, the airlines argument that the candidates ought to have disclosed their HIV status ahead of the job offer is not justified. Based on the above, therefore, the court may find that the ADA was violated. The airline should not have asked about the candidates disability before the job offer. Additionally, the

ENGLISH LEGAL SYSTEM ASSIGNMENT 4b, 3b & c Essay

ENGLISH LEGAL SYSTEM ASSIGNMENT 4b, 3b & c - Essay Example A statute has been defined in previous editions of this work simply as the will of the legislature", the will of the legislature must be expressed either by the agreement of its three parts (Queen, lords and commons)or by the agreement of the queen and commons in accordance with the parliament Acts 1911 and 1949.Granted that a document which is presented to it as a statute is an authentic expression of the legislature will, the function of a court is to interpret that document "according to the intent of them that made it." From that function the court may not resile .however ambiguous Difficult for application the words of an act of parliament may be, the court is bound to endeavour to place some meaning upon them. In so doing it gives effect, as the judges have repeatedly declared to the intention of parliament, but, it may only elicit that intention from he actual words of the statute In this rule its assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, otherwise in their ordinary meaning ,and the second is that the phrases and sentences are to be construed according to the rules of grammar. Blythes v .Blythes- A reference in the matrimonial causes Act 1950 to the court being satisfied was meant to mean precisely what it said, and to require the courts to be satisfied beyond a reasonable doubt. And in Northing ham Finance V.Ashley,the court of appeal held that the words covered of which the hirer was in possession under an existing hire- purchase agreement and which were exchanged in part payment for the goods under the new agreement .it would be too narrow a construction to restrict it to goods actually owned by the hirer. The Mischief Rule. In heydons case in 1954, it was resolved by the Barons of the exchequer, that for sure and true interpretation of all statute in general (be they penal or beneficial, restrictive and considered. Firstly, what was common law before the making of the act. Secondly, what was the mischief and defect for which the common law did not provide. Thirdly, what remedy that parliament hath resolved and appointed to cure the disease of the commonwealth. Fourthly, The true reason of the remedy, and then the office of all judges is always to

Data Collection and Analysis With a Real Teacher-Researcher Essay - 1

Data Collection and Analysis With a Real Teacher-Researcher - Essay Example The fourth observation was that, moving students’ seats helps reduce the number of redirections. The data shows a trend of reduced redirections; this is probably due to implementation of the steps suggested by Sienna from her observations. Increasing eye contact between the students and Ms. Steward, giving the students something to anticipate, and moving the students’ seats were some of the solutions to keeping them in check. Eye contact from Ms. Steward helped keep the students aware that someone is watching over them. Giving the students something to look forward to boosts their moods and keeps them in check as they wait. Moving students seats helps separate those who have become close to each other to avoid increased talks in between them. May’s graph was a student over time graph indicating a period of nine days. Referred to as the â€Å"five minute challenge,† It indicates the number of students that entered the class from lunch, sat down, copied their agenda into their notebooks, and were ready to learn in in 5 minutes or less. The number of students who could finish their tasks increased gradually from 11 on the first day to a maximum of 20 on the 8th day. This was probably due the task the students had to complete prior to the start of the class. The tasks helped to keep them on check. Based on the students’ response to the agenda timed challenge, May should create more tasks for them to complete in a short time every day. This will certainly keep them focused in class and avoid redirections at the start of the class (Hodge, 2010, pg.106). Anthony and Leah’s data indicates the time taken to complete four goals every day. The four goals were to write their complete agenda, answer the bell work question, put the pencil down, and then put their hand up to be checked. They recorded the time used to complete these goals for nine

Driving Under the Influence Essay Example | Topics and Well Written Essays - 1250 words

Driving Under the Influence - Essay Example Statistics from the National Highway Traffic Safety Administration, NHTSA (2013) indicate that motor vehicle crashes resulting from alcohol impairment costs over $37 billion every year. In 2010, the number of associated deaths were 10,000, accounting for about 31% of traffic-related deaths in the US, implying one death in every 51 minutes. Therefore, those driving under the influence pose a serious social problem to the society. This has seen many organizations, such as Students Against Drunk Driving, SADD and Mothers Against Drunk Driving, MADD, set up to impact on public attitude and the enactment of appropriate legislation on DUI (Carper & McKinsey, 2012). A police officer could contact a driver for various reasons including speeding, dangerous and aggressive driving, running the red lights or just an equipment violation. Pulling over such drivers aims at ensuring the safety of the suspect and all the other road users. When one is suspected of intoxication and as such stopped, sub mission to a field sobriety test would be required. This preliminary test conducted at the scene could involve standard roadside tests as documented by the NHTSA (2013). An officer conducting the Horizontal Gaze Nystagmus test looks whether the suspect’s eyes jerk involuntarily. ... Intrusive and extractive methods have however proven to be expensive as more states rely on the accurate and economical method of using machines such as the breathalyzer to measure vapor content. Refusal to submit to such a chemical test in the pre-text of the right against self-incrimination could lead to the driver’s license being revoked. This follows the implied consent to test of sobriety whenever suspected by the police, with Nemeth (2012) documenting this implication through the acceptance of a driving license. Carper & McKinsey give the example of the Illinois Vehicle Code which states that for any one below 21 â€Å"arrested as evidenced by a Uniform Traffic Ticket†¦ shall be deemed to have given consent to chemical tests of blood, breath, or urine† to determine the blood alcohol content of such a person, provided the police have a reason to believe that the driver has consumed alcohol (2012, 474). Even so, before revoking the license, the driver has the r ight to warning of the effect of law and administrative or court hearing. All the 50 states in America have set the blood alcohol concentration, BAC of 0.08 as the legal limit for all drunk driving. The BAC for commercial drivers is even lower, at 0.04. For those below the age of 21, the limit is set to zero: any level of alcohol warrants arrest of such persons. Some jurisdictions illegalize driving while taking alcohol, as such, open container of alcohol in a car could warrant an arrest. BAC conveniently measures the alcohol content in the blood by weight. According to Hunter, Wong, Beighley, and Morral (2006), this intoxication level could be reached by a 120-pound female and 180-pound male after only two

Computer Essay Example | Topics and Well Written Essays - 500 words

Computer - Essay Example The main reason I would not save my digital photos on Internet storage after reading Coates’ article is the inference Internet storage can be more beneficial to businesses than individuals. If I only considered this argument, then I would take the AOL route. However, I continued my research. I took a look at http://www.drivehq.com/secure/signup.aspx?refID=28050 which is Drive Headquarters. This storage system allowed for 1GB Free, 1GB + 1GB Free for $2.99/Month or $29.99/Year, 2GB + 1GB Free for $4.99/Month or $49.99, 5GB +1GB Free for $7.99/Month or $79.99/Year, 10GB for $12.99/Month or $129.99/Year, or 20GB for $19.99/Month or $199.99/Year. This option allowed for a registration with a name, email, and TOS agreement. Individuals signing up must have a valid email address which would require validation. The second website I researched was https://www.box.net/signup/g which is the location of Box.net. This Internet storage site has three options for storage; Individual, Professional, and Business. All options have a fourteen day free trial. After the free trial Individuals pay $9.95, Professionals pay $19.95, and Businesses pay $15.00 per month. Individuals get 5GB, Professionals receive 15GB, and Business receive 30GB+. The registration requires a name, email address, and phone number. There is also an space for a promo code. This service also provides live customer support. Drive Headquarters is cheaper, but does not have the support Box.net. I would also choose Box.net because it is more generated toward individuals. Online storage advantageous by freeing up computer hard drive space. The disadvantages include high costs and possible hacking by a third party. I would not advise a friend to use Internet storage due to the whole concept is more business friendly. For digital pictures and important files, I will continue to email them to my email address saving them as I go. Bayerische Asphalt-Mischwerke is a German

FDT response 1 week 3 Essay Example | Topics and Well Written Essays - 250 words

FDT response 1 week 3 - Essay Example Amexica’s location has made it easier for exploitation of maquiladora employees and the corresponding border town economies by the corporation factories with union free, and cheap labor. Amexica is narco hubs that are marred by lawlessness thus making it to harbor signs of global capitalism (Rosenbaum & Friedman, 2007). Conversely, Amexica geography and the presence of the unlawful narcotics trade have aid in rising the standard of life and the elements of the sensitive culture such as music, clothing, and jewelry couple with consumer items such as fancy trucks, luxurious homes. Amexica geography is strategic for gangs and drug cartels. Gangs normally abduct citizens of United States thus creating fear among the people. This massively hampers development of the area. Moreover, drug cartels occasionally hire Mexican Mafia, Texas Syndicate, and MS-13 as their own enforcers and supply of narcotics to the street (Rosenbaum & Friedman, 2007). This makes the location to be extremely insecure for investment thus hindering its entire

Assess critically the contribution Essay Example for Free

Assess critically the contribution Essay Taylorism is a form of job design, which stresses short, repetitive work cycles; detailed, set task sequences; a separation of task conception from task execution; and motivation linked to pay. Taylor argued that the principal objective of management should be to secure the maximum prosperity for the employer, coupled with the maximum prosperity for each employee (1911). Fredrick Taylor’s five principles of scientific management: 1. A clear division of tasks and responsibilities between management and workers. 2. Use of scientific methods to determine the best way of doing a job. 3. Scientific selection of the person to do the newly designed job. 4. The training of the selected worker to perform the job in the way specified. 5. Surveillance of workers through the use of hierarchies of authority and close supervision. Taylor proposed this by measuring what workers did against the time taken, to develop ‘one best way of working’ (1911). By using quantitative methods a workers output could be accurately measured. At the time of its inception Taylor found that firms who introduced scientific management as he prescribed became the worlds most meticulously organised factories (Nelson, 1980). Managers are responsible for identifying the best cost efficient work practices and training workers to become highly productive and affective in their specific work task. Taylor argued that it stands to reason that an employee becomes more productive when working at their speciality and concluded with stating that there are more benefits gained for both employees and employers from dividing workers. With linking pay to each task performed, Managers can thus control the workforce and output and consistently achieve desired goals. The piece rate pay system  pays workers in parallel to number of items each worker has produced, hence also providing employees with an incentive to work. Henry Ford’s theory (Fordism) referring to mass production in industry (Marcouse, 1996) united the idea of assembly line and Taylor’s theory of division of labour and payment. Fordism focused on dividing jobs into unskilled and semi-skilled tasks. Whilst managers at Ford vehemently opposed any relation to Taylorism, it can be said that Fordism retained the faults of Taylorism of an autocratic work environment with little room for creativity as well as the benefits of the piece rate system relying on financial motivation. Criticisms of Taylorism: 1.Assumed that the motivation of the employee was to secure the maximum earnings for the effort expended; and neglected the importance of other rewards from work (achievement, job satisfaction, recognition), which later research has found to be important. 2. Neglected the subjective side of work-the personal and interactional aspects of performance, the meaning that employees give to work and the significance to them of their social relationship at work. 3. Failed to appreciate the meaning that workers would put on new procedures ad their reaction to being timed and closely supervised. 4. Had inadequate understanding of the relation of the individual incentive to interaction with, and dependence on, the immediate work group. Taylor did attribute ‘underworking’ to group pressures, but misunderstood the way in which these worked. He failed to see that these might just as easily keep production and morale up. 5. Ignored the psychological needs and capabilities of workers. T he one best way of doing a job was chosen with the mechanistic criteria of speed and output. The imposition of a uniform manner of work can both destroy individuality and cause other psychological disturbances. 6. Had too simple approach to the question of productivity and morale. It sought to keep both of these up exclusively by economic rewards and punishments. Incentive approaches under the scientific approach tended to focus on the worker as an individual and ignored their social context. Pay system may result in a worker valuing quantity over quality. 7. Functional foremanship was deemed to be too  complex and an unwieldy mode of supervision. (Huczynski, 2013) Ways to alleviate the negative effects of Taylorism especially to worker motivation and performance and find new ways to job designs came about following the introduction of the American psychologists Fredrick Hertzberg two factor theory of motivation. Hertzberg had the idea that there were two sets of factors that affected motivation and job characteristics: Motivators: These factors refer to the extent to which a job offers opportunities for achievement, creativity, responsibility, opportunities for personal growth. These are intrinsic to the job itself. Hygiene factors: These comprise issue as the nature of supervision and supervisory style, the level of pay, working conditions, and interpersonal relations. These are extrinsic to the job. For Hertzberg it was only the motivator factors that have the potential to generate satisfaction and motivation. If hygiene factors are improved, they do not result in improved motivation, but if removed, will result in demotivation. To raise levels of motivation and therefore performance, following Hertzberg theory of motivation, companies needed to ensure that the hygiene factors were in place, and to also ensure that the ‘motivator factors’ (i.e intrinsic motivators) were incorporated into the jobs. In particular, jobs needed to be designed in such a way that workers could be given opportunities for achievement, responsibility and personal growth. Criticisms of Hertzberg two-factor theory: Can job characteristics fall neatly into two categories of motivators and hygiene factors? Can a job characteristic be both? (Example can pay be a motivator as well as a hygiene factor-?) Blunt and Jones (1992) They point out that some studies from Nigeria have indicated that hygiene factors, in particular pay, supervision and working conditions, acted as motivators. Machungwa and Schmidt (1983) reported on a study conducted in Zambia and found that material rewards and the physical conditions of work appeared to have both motivating and demotivating effects. This was interpreted by Blunt and Jones in the following way: if material rewards were inadequate they were demotivating, but they acted as motivators if they were perceived as reasonable. This appears to directly contradict Hertzbergs theory, but Blunt and Jones consider that this is only likely to be the case in less developed countries, as Hertzberg (1987) himself appears also to argue. However, one study does not refute a theory. Hertzberg did his original work on qualified professionals, such as engineers, whereas the people surveyed in the study above were manual workers. This in itself might be enough to account for the difference. In general, we can expect professional or managerial workers everywhere to be more intrinsically motivated than manual wor kers given the different nature of the work that the two groups undertake, but as we shall see the way work is organized may compensate for such differences in the relative interest value of different types of work The theory is regarded as a Universalistic theory; that it will impact all individuals in the same way in all work situations. It does not take into consideration that some people may not have a desire for personal growth, and are therefore unlikely to be motivated by job enrichment initiatives that give them higher levels of autonomy and responsibility. Hertzberg theory was superseded by Richard Hackman and Greg Oldham ‘the Job Characteristics Model’; which argued in a similar respect to Hertzberg theory, that if jobs are enriched this will lead to improvements in attitudinal outcomes (increased satisfaction and motivation) and improvements in behavioural outcomes (higher productivity and lower rates of absenteeism). Three critical psychological states: Hackman and Oldham argued that jobs should be designed in such a way that they are focused on the achievement of three critical psychological states: Workers must experience work as being personally meaningful-something that  they care about. Workers must experience personal responsibility for their work- accountability for their work. Workers must know if their work performance is effective-they must have knowledge of the results of their work activities. If these 3 critical psychological states are achieved, higher levels of satisfaction, motivation and performance will result from the worker. However this theory too has had its criticisms. Current literature now argues the importance and focus on team working, however one should acknowledge that the interest in team working is not something that is new to current times. Autonomous and semi-autonomous work groups were central to earlier theories of the 1960’s and 1970’s. Team working has now re-emerged as part of the lean production flexible working debates. An American Theorist, Harry Bravemen thesis known as the ‘Bravemen thesis argues to counter the popular view in social science and management literature that Taylorism has been superseded by human relations and other more sophisticated approaches; that there is in fact a tendency for workers and their jobs to become de-skilled through fragmentation, rationalisation and mechanisation. This argument of deskilling workers and jobs was continued in the context where it became known as McDonalization a term that came about after the publication of a book by Georg Ritz. McDonalisation is a form of work design aimed at achieving efficiency, calculability, predictability and control through non-human technology, to enhance organisational objectives by limiting employee discretion and creativity. He used the term to refer to the processes used at the growing number of fast food restaurants dominating the American market. McDonalds is a modern example of the Taylorised way of work. The tasks are de-skilled and simplified for an employee at McDonalds and limited by the  sophisticated technology of fast food preparation. Hamburger grilling instructions are detailed and precise, cooking times and the sequence of events dictated to make a burger. Drinks dispensers, French fry machines, programmed cash registers all limit the amount of time required to carry out a specific task and leave little room for the employee to do as they wish, little room for creativity or innovation to processes. This way of working ensures the aims of the organisation to achieve greatest efficiency, calculability, predictability and control all of the key elements described by the Ritzer’s ‘Mcdonalization’. Regardless of the fact that the de-skilling may lead to de-motivated employees, which may result in high absenteeism and high staff turn over; its ability to integrate new workers into the production processes and dismiss employees without losing knowledge form the organization allows the model to still be successful. Taylorism can also be illustrated in modern day call centres. A case study on a customer service call centre run by two British Companies, Martin Beirne, Kathleen Riach and Fiona Wilson found strong continuities with Taylorism, in relation to work design and operation. They found the work to be pressurized and highly paced with managements focus on productivity and cost minimisation. Most of the jobs were narrowly defined and closely monitored. The time duration of each call taken; the content of the conversation with each customer; and the advise also given to the customer was prescribed (from Beirne et al 2004). But modern day illustrations of Taylorism don’t end there. It is also seen in relation to ‘scientific selection training’. We’ve now moved away from an industrial economy towards a knowledge –based economy where an organisations competitive success depends on its talent. Much effort is devoted by contemporary organisations to select and recruit the right person for a role. Taylorism also placed importance and the introduction of scientific selection criteria by management to do a particular task. In line with his emphasis on scientific approach to selection, Taylor advocates scientific training as he argues that â€Å"it is only when business systematically cooperate to train the competent man†¦that it shall be on the road to national efficiency†. (Taylor, 1911: p 98). In the context of the knowledge  economy, organisations are generally encouraged to develop employees’ skills and knowledge. ‘Now one of the very first requirements of man who is to handle pig iron as a regular occupation is that he shall be so stupid and so phlegmatic that he more nearly resembles in his mental make-up the ox than any other type. The man who is mentally alert and intelligent is for this very reason entirely unsuited to what would, for him, be the grinding monotony of work to this character. Therefore the work man who is best suited to handling pig iron is unable to understand the real science of doing this class of work’. (Taylor 1911/1997 pg 59) â€Å"The task is always so regulated that the man who is well suited to his job will thrive while working at this rate during a long term of years and grow happier and more prosperous, instead of being overworked†. (Taylor 1911) Thus scientific management matched the worker to the job and in the process separated the conceptualization of work from its execution. It also provided safeguards against personal bias and individual favoritism, which is something that can still be applied to the current context of contemporary organisations. Taylorism is also found in the Saudi Educational system, for example metaphorically describing students as the ‘raw material’ of schools; controlling the movement of teachers students through class bells; conceiving of the curriculum as a product; dividing students into grades or dividing curriculum into units and individual lessons; describing the school facilities as a ‘plant’ are a result of a ‘factory model’ schooling that has its roots in the adoption of scientific management principles by educational administrators. Contemporary schools in Saudi are still largely influenced with its teaching and learning deeply rooted in ‘scientific management’ as seen with the following: 1. Schools are large and bureaucratized. 2. Students change teachers every year. 3. Teachers plan and teach alone. 4. Curriculum is fragmented. 5. Tracking students by ability levels. 6. Deskilling of teachers through alignment of teaching mandated curriculum and standardized tests. 7. Emphasis on monitoring /surveillance bureaucratic activity-scripted curriculum and scripted tests. Taylorism does not permit autonomy in work. Input by production workers in the organisation, planning, and direction of the manufacturing process was not allowed, requiring workers to do exactly what they were told to do and no more. This authoritarian approach to work can been illustrated in the schooling: That student’s are excluded from the planning, organisation and direction of the educational process. De-skilling of the teachers as their work is conceptualised by others (Ministry of Education who agrees the standard curriculum to be used in schools) and enforced by the bureaucratic outcome of accountability systems implemented in schools. The other way that Taylorism continues to influence the education system is through the use of individual rewards for individual effort (example the focus on a students individual test results). Taylor developed wage-incentive schemes emphasizing piecework and historically assembly line foremen attempted to stop any sort of worker inter action. Elton Mayo who introduced Human Relations theory based on his research at the Hawthorne electrical factory was to see how productivity will improve if the lighting condition changes and he followed Taylor’s scientific principles by testing the changes against a control, with part of the factory lighting being unchanged, (Kelly 1982). This lead him to conduct further experiments which vast doubts on Taylors assumptions about the importance of money in motivation (Marcouse, 1996). According to Huczynski and Buchan, the conclusions which can be drawn from Hawthorne studies are: 1. People at work are motivated by more than just pay and conditions. 2. Their need for recognition and sense of belonging are very important. 3. A person’s attitude to work is shaped strongly by the group in which that individual  belongs within the company. 4. The ability of the informal group or clique to motivate an individual at work should not be underestimated. (Huczynski and Buchanan 1991) . Another contributor to the Human Relations approach is Abraham Harold Maslow, an American psychologist who was best known for creating Maslows hierarchy of needs. They range from physical social to psychological needs. Maslow (1943, 1954) stated that human motivation is based on people seeking fulfilment and change through personal growth. Self-actualized people as those who were fulfilled and doing all they were capable of. The Human Relations models have changed management and how workers are in fact valuable employees and stakeholders of an organisation. The key difference between scientific management and the human relations model is highlighted when analysing the motivational techniques to increase productivity. Scientific management emphasises the use of financial measures in order to secure employers objectives whereas the human relations model argues that management should acquire the insight into the skills that will manipulate social factors in order to harness their employees social needs to managerial ends (Fincham Rhodes, 1999). Thus, behavioural science; motivation theories in combination with the humanistic theories of management, have added to Taylors principles and allowed for contemporary organizations to succeed where scientific management alone failed. Taylorism was an influential management theory of the late nineteenth century. Despite its relevance to its time the influence can still be seen in todays twenty first century: educational institutes, service sector and the manufacturing industries. Though there are limitations to his method, this principle has a considerable profound and lasting influence to all contemporary organizations because of  Taylor’s â€Å"preoccupation with the efficient use of resources†. This philosophy can almost apply to every organization, despite its work structure, such as structures of team working or job enrichment; one of the ultimate goals should be improve efficiency. As Braverman says, â€Å"the principle of scientific management is not a failed system, but a set of guiding principles which continue to inform and influence the role and function of modern management†. Some of the methods he advocates, such as division of labour, scientific selection and training, have become the features of modern society. More primarily, as efficiency is one of the enduring needs of all organizations, his preoccupation with the efficient use of resources thus becomes the driving force behind the evolution of subsequent management theories and the root of management practice. References: Huczynski, A. and Buchanan, D: Organisational Behaviour. Eighth Edition. Pearson 2013. Huczynski, A. and Buchanan, D.,1991. Organizational behaviour An Introductory Text. Second edition. London: Prentice Hall International (UK) Ltd. Hertzberg,F., B.Mausner and B.Snyderman: The motivation to work (New york: Wiley 1959). Taylor F.W (1997): The principles of scientific management. Mincola, NY (original work published 1911). Braverman, H (1974): Labour and Monoploy capital: The degradation of work in the twentieth century. New York Monthly review press. Kelly, John. (1982), Scientific Management, Job Redesign, Work Performance. Academic †¨Press. Marcouse, I. et al. (1996), The Complete A-Z Business Studies Handbook, Hodder †¨Stoughton. Ritzer, George. (2000) The McDonaldization Of Society. Sage Publications Inc. Taylor, Frederick W (1911) The Principles of Scientific Management, Harper Bros. Fincham, R Rhodes, P (1999) Priniciples of Organisational Behaviours, Oxford Univeristy Press. Nelson, David (1980) Frederick W Taylor and the Rise of Scientific Management, The University of Wisconsin Press. Maslow, A. H. (1943). A Theory of Human Motivation. Psychological Review, 50(4), 370-96. Maslow, A. H. (1954). Motivation and Personality. New York: Harper and Row.

Characters Compared to Celebrities Essay Example for Free

Characters Compared to Celebrities Essay Tom Buchanan is the husband of Daisy Buchanan in The Great Gatsby novel by F. Scott Fitzgerald. Tom can be described as an extremely wealthy brute of a man. He is very athletic and successful. Tom is also very selfish, and he will do anything to get what he wants. In addition he has absolutely no shame in anything that he does and he thinks very highly of himself. Tom is very judgemental and often forces confrontation. These characteristics can be found in many spoiled and greedy celebrities, one of which is Donald Trump. Three qualities that we will examine between Tom and Donald will be greed, selfishness, and  I would think that Tom represents a Donald Trump figure. Toms fairly ostentatious state of being in the opening chapter is something akin to Trump. Additionally, Tom has no problem with the magnitude of me and the sense of his own superiority. Indeed, Trump is similar in that he has no shortage of faith in self. Where I think that their real connection lies in how they feel that their success allows them to parlay this into speaking with an air of authority on any subject. Tom has no basis or any idea to speak of the coloured people or the threatening of the White society. He holds no degrees of advanced study in this field nor does his theory even make logical sense. Yet, because he is wealthy and represents a sense of power, he is able to speak with absolute clarity, and presumes that others will take what he says as gospel, as if the law is being written as it is being said. Trump operates in much of the same manner. He believes that his insights on national topics are relevant because he is a success. He can publicly weigh out a run for the political office of President because of his success and his wealth. His ability to speak of issues such as 9/11 or Rosie ODonnell are only accepted, or entertained because of his wealth. In this manner, Tom and Trump are fairly similar.

Representation of the female masculinity in the boxing movie

Representation of the female masculinity in the boxing movie Representation of the female masculinity in the boxing movie â€Å"Girlfight† Lately there are more and more action movies in which the leading character is female one. Men are more likely to be seen as leading characters in the action films, but there is a tendency toward seeing more female characters as the protagonists of this type of movies. Also the female boxing movies are discussed within the context of the action genre and the main characters of those movies are seen as female action stars. There are two different types of action heroines. One of them is the so called â€Å"action babe†. Those characters are physically active but also highly sexualized females. We come across this type of heroines in the movie â€Å"Charlies Angel†, where the action heroines are fighting while wearing high heels and formal clothes. They are achieving their goals not only by using their fighting skills but also by using their sexually attractive appearance. The other type of action stars are those female characters who are acquiring the necessary physical strength and skill in order to gain independence from abusive male characters (â€Å"Enough† starring Jennifer Lopes as Slim Hiller an abused young woman). Gender influences peoples participation in different sports. For example sports such as football and boxing are considered to be male whereas gymnastics and figure skating are female dominated sports. In 2000 â€Å"The Independent Film Channel Production† released the boxing film â€Å"Girlfight† (starring Michelle Rodriguez). Boxing films are generally assumed to be about a male boxer but this movie is about a girl who is trying to pave her way in the boxing career. Rodriguezs first role as Diana Guzman in â€Å"Girlfight† and the subsequent staring roles as Lenny in â€Å"The Fast and The Furious†, Rain Ocampo in â€Å"Resident Evil†, Chris Sanchez in â€Å"S.W.A.T.†, and Ana Lucia Cortez in â€Å"Lost† help us associate her with notions such as female masculinity and tom boyish appearance. Rodriguezs heroines are portrayed as a â€Å"natural fighter who demonstrates no traditionally feminine qualities† (Beltrà ¡n, M.). The movie â€Å"Girlfight† represent how one person coped with the gender stereotypes and overcame the gender barriers in order to become a boxfighter. The movie starts with a shot of unfocused crowd walking around a school corridor. Through the gaps between the crossing people only a persons torso leaning against a locker can be seen. The person is wearing baggy trousers and army jacket; hands are trusted into the pockets in confident and masculine pose. The viewer is unable to recognize whom this body belongs to, whether it is boys or girls one. No gender differences are brought into relief until when the camera shows the upper body and the face of a girl staring the floor. Her hair is braided into cornrows along her scalp. Her mouth is firmly closed, showing us anger and disinterest. This impression is strengthened by her gaze. Then the camera shows us Diana entering the female bathroom and the sign â€Å"GIRLS† on the door is clearly visible in the centre of the fra me. Despite the Dianas outfit and her tomboyish manners the â€Å"girl† sign puts her on the female side of the gender binary male/female opposition. The scene in the bathroom shows us two girls (Veronica and Merisol) fighting over a boy. Both of the girls are wearing heavy make-up and girls clothes. The purpose of the bathroom scene is to show us the contrast between Dianas female masculinity and the excessive femininity, exotic and impulsive heterosexuality that exhales form the other â€Å"chica†. Dianas lack of concern about her appearance and the aggressive behavior drifts her away from the standard â€Å"lady-like† persona. She is not interested in being like the other girls at school who are in the period learning how to flirt and use their feminine features to become popular and desirable. The wrangle between Diana and Veronica in the bathroom turned into a fight started by Diana. She solves her problems by using her fists into whatever and whoever stand s against her. If we pay attention to Dianas fighting manners we can notice that she is fighting like a boy. Most of the girls are fighting by using pinching; biting and tearing hair while Diana is hitting the other girl with her fists tighten. The next scene is taking place in a boxing gym. Shots of different boxers working out and sparring in the gym alternate with close-ups of Dianas face, which shows us that Diana is entering a male-dominated space. Diana is in the gym because she had to pay for her brothers boxing lessons. She found Tiny (her brother) on the ring fighting with Ray (another training boxer). Ray punched Tiny in the face after the round was over which wasnt right, so Diana punched him back to defend her brother. It is believed that brothers/boys are those who have to defend their sisters/girls, also Tiny is the one that is practicing boxing. He had to be the one that is protecting Diana not the other way round. Taking a stand against the boxer shows us that Diana is not afraid to fight not only dolled up girls but also physically trained boys. Then the camera takes us in front of the gym where we can hear the conversation between Ray and Adrian (another boxer). â€Å"†¦. You get slapped by a girl thats weak Ray† are the words that Adrian tells him. If a boy had punched him it wouldnt be a topic for conversation but when the matter in hand is a girl punching him its considered as a weakness. Here we have the gender stereotype that boys are physically stronger that girls and girls are not supposed to fight against them. Girls are supposed to be cute, sweet and to act like ladies. In that scene we have another girl who is walking by the boys. She is wearing tight clothes and make-up and the two boys give her the eye and she smiled at them in return. She is flirting with them whereas Diana is fighting physically at least with one of them. Here again the director shows us the visual contrast between Diana and the ordinary girls. Rays cue to Diana â€Å" Guess you never learned how to be a lady†¦Ã¢â‚¬  and t he other female character helps us to distant Diana from the female stereotype and to stress on her female masculinity. Then we have the scene in Guzmans kitchen when Tiny shared with his family that he received the scholarship application for an Art school. Both his father and Diana think that it is a waste of time to learn to draw. The future artist career that the father foresees for his son is not going further than him painting houses. In his mind it is better for the boy to stick with the boxing which will be more helpful in his future life. Boys are supposed to be able to fight not to paint. Later on in the movie Diana tells his father that Tiny doesnt want to box, but he insists on the fact that all the boys wants to box. According to his father, Tiny needs to learn boxing so he can defend himself. Tiny breaks the stereotypes, because he prefers the more female activities instead of the male one such as boxing. According to his father going to drawing classes is girls job. There is very interesting conversation when Diana went to sign for boxing practices: Diana: I wanna be a boxer †¦Ã¢â‚¬ ¦. No, for real I wanna fight. Hector: Oh, you can train but you cant fight. Diana: Why not? Hector: You just cant. Girls dont have the same power as boys. Girls are stereotyped into quieter, subordinate femininity. Girls are judged against masculinity, whereas boys achievements are judges with regard to their masculinity. It is believed that boys have more natural abilities most of the boys are more aggressive and its shown in their physical abilities whereas girls are more shy and timid. It is believed that its natural for boys to be fighting around and to like it. In the beginning of the movie we saw Diana fighting with Veronica, later on we saw her standing without fear in front of Ray. Later on in the movie Diana proves that girls can be as strong as boys, because the physical abilities of boys and girls can be matched with determination and hard work. Hectors only condition to start training Diana is to be paid for her practices. He did not believe that she will find the money, and he was sure that she will not show up again. After all, he decides to train her even though he believes it is not right girls to be boxing. He agrees because he thought that she will not able to endure the tough exercises and the whole training process and quit. The first training sequence in the gym starts with Dianas distorted face image in a mirror. Then we see her baggy and worn-out clothes which show us her physique and her body shape. Her split image in the mirror and her outlook underlines her androgyny and Dianas struggle for a unified gender identity. During one of the following training sequences Hector and Diana had argument about the persistence in training. Hector tells her that fighting skills come natural neither to boys nor to girls and they have to practice in order to improve them. For first time boys and girls are taken not separately but within one and the same concept both boys and girls have to practice if they want to become physically durable. Her first boxing match is with a boy called Ray. His coach advices him â€Å"try to be a gentleman†. This shows that nobody takes the fact that she could be a good fighter no matter that she is a girl seriously. During her first fight Diana proves that she is physically stronger and more powerful than Ray regardless of the fact that the outcome of the fight is not shown. There is an interesting conversation between Diana and Merisol in the school corridor. Diana is trying to tell Merisol what she is busy with. Merisol insists that there is a boy that occupies Dianas free time. Merisol is surprised when Diana tells her that it is not a boy that occupies her free time but a male sport such as boxing. Later on Diana tells her that there is also a boy entangled in the boxing story and Merisol replies â€Å"I knew it†. Merisol thinks that the name Adrian is â€Å"a girly name†, but Diana assures her that he is â€Å"100% man, if you know what I mean†. For a first time in the movie Diana shows that she is actually interested in boys and not only interested in acting like a boy. We understand that she likes Adrian and his company. This is strengthened by the scene when they go for a dinner together. Their orders in the restaurant are very interesting and grab attention. She is ordering herself deluxe bacon cheese burger with extra bacon whereas he is ordering soup, garden salad and Italian dressing. Their eating habits are very different. He is on a weight diet while she is not worried about gaining or loosing weight. Women are more likely to keep to a diet than men but in this movie the situation is reversed. Keeping a diet doesnt make Adrian to look more feminine. It is breaking the stereotype that women are those who worry about their weight. On the question why she chose to box, she answered that she didnt make the cheerleading team, which is in fact a lie. The contrast between boxing and cheerleading contains the idea that she is not accepted in such a girl society as the cheerleading team so then she tries to find her place in the boys society boxing. When Adrian walks Diana home they kiss. He tells her that she tastes sweet to which she answers â€Å"Ive always thought of myself as salty†. Here we have the binary opposition of sweet and salty. If the girls are the one that are sweet then the boys should be the salty one. Adrian perceives her as a girl (sweet) whereas she thought of herself as more boyish (salty). In the next scene her physical powers is in comparison to her girl classmates one. There is a long-shot of her and her girl classmates standing in front of a fence. All of the girls are looking bored with their arms crossed on the chest whereas her body is intense, tight and ready to compete. The weakness of the other girls during the President Physical Fitness Exam makes the contrast between them and Diana more vivid and shows her physical superiority. After one of her training matches Adrian walk her home again and her father sees them talk. When she enters her home her father sees her black eye and the first thing that comes to his mind is that Adrian is beating her. When a girl is having a black eye it is more likely to be beaten up that to be participating in a fight in which she can defend herself. So her father presumption is that she has been maltreated not that she is participating in an equal fight. After an argument with her father she goes to Adrians place to spend the night. His room is painted in blue whereas hers is in girly pink. Parents are those who decorate childrens rooms, so they make the distinction between boys and girls by identifying them with different colors boys are those who are identified with blue and girls are the one identified with pink. The next meeting between Adrian and Diana is on Hectors birthday when Adrian shows up with a girlfriend. This action on his part shows us that he is confused by the fact that he is strongly attracted to a woman who exhibits distinctly masculine attributes. His unwillingness to express his feeling about Diana publicly recalls the idea that the anxiety around a males attraction to a masculine female is rooted in the association between masculinity and maleness, which evokes notion such as homosexual desire. The first training match between Diana and Adrian is saturated with tension not only because they are romantically involved but also because of the fact that the competition for physical dominance threatens the core of heterosexuality. The fight is lacking of action because Adrian refuses to hit Diana, which frustrated her and make her angry. The sequence ends with a shot of both boxers holding each other outside the boxing ring this can be treated as an embrace. This is the moment in which Diana whispered in Adrians ear â€Å"I love you, I really do†. As the bell rings indicating the end of the sparring match, Diana punches Adrians head. That final punch shows us Dianas confidence and her willingness to fight against whoever her opponent is. Up until now in the movie we had seen Diana training only in the public space of the boxing gym surrounded by boys. There is a scene in which Dianas training is situated in the female sphere and intimate space of her bedroom. While boxing in front of the mirror in her bedroom we hear Hectors voice-over reading a letter saying that male and female amateurs within the same weight class are allowed to compete with each other in the ring, so from now on they are equal. In real life the so called gender-blind boxing fights are not allowed. Her first public match was supposed to be with a well known female boxer but the fight is called off. Dianas first public sparing match is against Rays one of the male boxers in the gym. When the audience understands that the match will be between man and woman there is a palpable tension surrounding this â€Å"battle of the sexes†. This tension is caused by the perceived treat to the dominate gender order which is based on the idea that men are stronger and physically superior than women. During the whole match between Ray and Diana his unwillingness to fight â€Å"a girl† and the fear that he can be defeated by a â€Å"girl† is underlined. Through this boxing sequence Diana is pronouncing her persistence in pursuing her boxing carrier despite the fact that most of people around her think that it is â€Å"inappropriate† for her gender. Dianas father shows up at the boxing match and this is the moment in which he understands that she has been boxing in her free time. This results in a huge fight with her father because he is absolutely opposed to hers pursuit of boxing, while early in the movie it was clearly shown that he pressures his overly effeminate son into taking boxing lessons. The other reason for the father-daughter argument is that Diana blames her mothers suicide on his alcoholism and abusive behavior. The image of her father lying on the kitchen floor is his last appearance in the movie. This image can be seen as a violent reaction against the patriarchal nature of traditional gender stereotype that men are those who rule over women. First girl fight that Diana participates in is with famous and well trained female fighter Stiles. During the match there is a scene in which Adrian admires her moves and punches. The final fight is the most dramatic and intense overlap between her boxing and private worlds. Diana fights for the New York Amateur Championship (title). This is her reward for the hard work and difficulties that she undergoes. The fact that Adrian will be her opponent puts additional meaning in the context of their romantic relationship. This physical confrontation between a man and woman who are engaged in a romantic relationship draws our attention to the normative notion of gender. The conversation between them before the fight shows us that Adriane feels protective of her not because she is a female boxer, but because he is in love with her. They both have feelings for each other, but Adrian takes this boxing match too personal whereas Diana is thinking of it as another boxing experience. Right befor e the fight starts a woman says to her husband that the match card says â€Å"Diana Guzman†. The husband tell her that it is probably a misprinting. He couldnt even imagine that a girl could be fighting for the Championship (title). Adriane fights with her like she is any other boxer so does she. Both of them give everything they have and the better one win the match. The image of the boxers circling and holding onto each other in intimate embrace implies connection between boxing and dancing. This scene looks more like a love scene than a fight sequence. The gender-blind boxing match between Adrian and Diana strengthens their relationship but also clears up their boxing attitudes. In that final sequence the depiction of the boxers is removed from the articulation of a specific identity from the representation of the materiality of the sexed and gendered body. During the whole movie Diana is trying to change the gender norms and understanding of masculinity and femininity and after all she successfully does so. Her violent actions, her physical appearance speak for themselves those are the things that get her into gender trouble. But she stands clearly against the idea that human being are divided into two clear-cut groups women and men. By the end of the movie she had already found, formed and chosen her own individual identity. What caught my attention in â€Å"Girlfight† review called â€Å"No Winners Here: The Flawed Feminism of Girlfight† by Anju Reejhsinghani is that the reviewer thinks that Kusama, the director, used the intergender tournament to dramatize the love story between Adrian and Diana. I think that one of the usages of those gender-blind fights is indeed to dramatize the love story but it also carries the idea that everybody should defend their individual identity. By those crossed-gender fights the director shows that equality between male and female is possible.

The Internet Essay -- Computers Technology Papers

The Internet Many years ago, I use to think that people who chatted online were losers. Actually, many of my friends have said that too. We laughed and joked about the computer geeks and online chatters, and I even remember hearing myself say that I would never become a computer geek. Now, eight years later, I can't help to laugh at myself because I became the one person that I didn't want to become and that was a computer geek. But as I think about it, it is not so bad because when I look around me everything is becoming technological, and with learning more and more about the computer daily is just helping me keep up with the up rise in technology. I admire those who I called computer geeks back then and I am proud to say that I have been an America Online user for six years now. America Online is a place where people from all around the country, even some foreign countries, can come together and chat about certain topics or to just socialize in places called chat rooms. There are well over a thousand of these chat rooms on America Online, each one pertaining to someone's interest. And if not, they can always make their own public chat room. When I first started using America Online, I became addicted to talking to people around the country because it was just fascinating to me. I use to be this really shy kid around school and I wouldn't talk much unless I had something important to say and if not, I would just walk around with my friends and just listen to what they have to say to other people and so on. In these chat rooms, I was anything I wanted to be. No one could see me and therefore no one could judge me based on my looks and appearance, but only by how the conversation was going. I like using America Online. ... ...better sites that I have viewed. At the get go, it tells you all about what the site is, and on the left hand side there is a list of directives that will guide you through the site. This group has been around since 1993 and it seems to be going strong still. When you sign up with them, they offer to put you with new group members and from there, you and your group will come up with a story line or adventure. The other alternative is that you can join and existing adventure and go from there. This site also offers many links to other RPG sites, so that could come in handy if you ever become bored of this site. All cost are free to, so you can sign up with them and just check out what goes on. The only requirement is that you must be able to send and receive email. I would say that this site would be a more ideal starting point than the other Web sites listed above.

Overview Of Intellectual Property Essay -- IP Copyright

Intellectual Property Table of Contents Overview of Intellectual Property 3 Types of Intellectual Property Rights 3 Industrial property 4 Copyright 5 Controversy of Intellectual Property 5 Intellectual Property in the Digital Age 7 No Electronic Theft Act 9 Digital Millennium Copyright Act of 1998 9 Case Study Involving Intellectual Property – Domain Names 9 Conclusion 11 Overview of Intellectual Property The term intellectual property refers to the innovations of the human mind. Intellectual property rights protect the interests of these innovators by giving them property rights attached to those ideas. The term "intellectual property rights" stands for these legal rights that authors, inventors, and other creators have. Intellectual property laws relate to a particular way in which ideas or information is expressed or displayed, but not the actual ideas or exact concept itself. The first use of the expression "intellectual property" appears to be October 1845, in Davoll vs. Brown, a patent case in Massachusetts. Justice Charles Woodbury said that "only in this way can we protect intellectual property, the labors of the mind, productions and interests as much a man's own...as the wheat he cultivates, or the flocks he rears." Though coined many years prior, the term has only become popular very recently. It was uncommon to hear the expression until the establishment of the World Intellectual Property Organization in 1967, which then actively promoted the term. Types of Intellectual Property Rights There are currently many different ways to protect intellectual property. Intellectual property is divided into two main categories: industrial property, which includes patents, trademarks, industrial desi... ...he domain name to the owner of the mark†. The court can also award statutory damages between $1,000 and $100,000 per domain name. In this case, Gallo would most likely receive the transfer of the domain name to his ownership. He will also probably receive damages, perhaps his court costs and whatever the court deemed fair to compensate him for the damage done by the defendant using the site to negatively impact his name and business. Conclusion Intellectual property can be a confusing term, but it is an important concept. The ramifications of strengthening or relaxing its grip on the way we interact and use information today will affect future generations in ways that may be unclear, but undeniably powerful. It is important to balance the rights of individuals on either side of the law, so information can be applied to what we need it for the most, growth.

Comparing William Blake and William Wordsworth

Sonnet 18 In Sonnet 18, William Shakespeare begins by considering what metaphorical comparisons would best reflect the young man, in fact a typical convention of Renaissance poems is to compare beauty and youth with aspects of nature. In the first and in the second stanza he develops the idea of summer: in the first stanza (the introductory part) he wants to compare the young man to a summer day, but he also says that the man is more beautiful and more lovely than a summer day; in fact, he knows, summer can be very short and the weather is changeable: sometimes it’s too hot and sometimes the sun has disappeared, but he can’t be obscured.Then the poet adds that it is also true that, like a real summer, the young man’s youth will not last forever, because it is how nature goes (it’s temporary). The third stanza starts with an adversative, here the poet concentrates in the man’s beauty and he says that his beauty won’t disappear; not even death can take his beauty, because in poetry the poet is able to preserve the idea of beauty and youth. It is something like a promise: in the world of the poem, the young’s man beauty will never die, but it will go on growing in the minds of readers; Shakespeare wishes to preserve the young man’s beauty against the effects of time.The poem carries the meaning of an Italian or  Petrarchan Sonnet (Petrarchan sonnets typically discuss the love and beauty of a beloved). The theme is the transience of beauty, the poet tries to immortalize the young man’s beauty through his own poetry. Sonnet 130 This is a sonnet written for a dark lady, in which Shakespeare criticizes the idealising tendency of the most Elizabethan love poetry to compare the beloved with nature. Sonnet 130 is clearly a parody of the conventional love sonnet, made popular by Petrarch.In describing his dark lady, he is careful to emphasise how little she corresponds to the conventional idea of beauty of h is time; in fact from the sonnet we can understand that the woman is not beautiful: she doesn’t have soft hair, instead she has got black wire hair, she doesn’t have brilliant eyes and red lips , she has dark skin (breasts), moreover he can’t see the colour of the roses in her cheeks and her breath can’t be compared to perfume, her voice is not as pleasant as music and she doesn’t walk like a goddess.For him, however, the fact that she is not conventionally beautiful is an indication of her â€Å"natural† beauty; what fascinates the poet in his lady are the things that make her unique in his eyes, these things make her rare in a world in which the women have to correspond to an ideal notion of beauty. So Shakespeare ends the sonnet by proclaiming his love for his mistress, so he does finally embrace the fundamental theme in Petrarch's sonnets: total and consuming love.Romeo and Juliet (balcony scene) After seeing Juliet at the Capuletâ€℠¢s house during the feast, Romeo secretly return to see her again: Romeo, hidden amongst the shadows outside Capulet’s house, sees Juliet in the balcony; Juliet, believing that she is alone, professes her love for Romeo and her profound sorrow that he is a Montague. Romeo reveals himself and the lovers speak to each other.Romeo is very poetic when he speaks about Juliet, he is a platonic lover, in fact he describes Juliet as a perfect woman (he idealizes Juliet): he says Juliet is the sun and the moon is jealous, her eyes are far more brighter than the sun, they are so brighter that the birds sing all the time. He describes her using some of the conventions of courtly love and Neo-Platonism found in sonnets of the time.Instead Juliet, even if she has the passion, goes right into the problem, which is the name; she is more realistic and she’s worried because Romeo shouldn’t be there and if someone sees him he could die. The dominating image in Romeo and Juliet is light: Romeo associates Juliet with sunlight and stars and the light emanating from angels. Shakespeare's works are written in Early Modern English; the language used by Romeo and Juliet, particularly Romeo, is often lyrical.

Comparison of HR practices and employment relations philosophies Essay

Introduction In the face of ever-increasing globalization, both China and Taiwan have now joined the World Trade Organisation (WTO); a more open market economy and closer integration with the global economic order appears to be inevitable for both countries (Magarinos et al. 2002). Human Resource Management (HRM) is one of the critical tools for improving productivity and competitiveness at the grass-roots level (Poole 1997). This Essays aims to identify and compare the current HRM systems and practices at different types of enterprises in both China and Taiwan respectively (Zhu and Warner 2000), to evaluate their performance in this domain, as well as to illustrate the implications of the inter-relationship between social norms/ environment and the transformation of HRM in both economies. The outcome of this comparison may be meaningful in terms of understanding the theoretical arguments about the trend of HRM development towards a ‘convergent’ or ‘divergent’ model within the global production and economic systems of our time (Warner 2002) or possibly a hybrid ‘cross-vergent’ phenomenon where national cultural systems are blended with broader economic ideologies . HR practices and employment relations philosophies of China HRM is a term used to describe a wide range of activities involved in attracting, developing, motivating, and retaining the best and most capable people to perform within an organization. Western HRM places importance not only on systematic recruitment but also on selection, training, and development procedures, emphasizing motivation through involvement, and appraisal and incentives schemes (Child 1994). But the HRM in China is different. Its distinctive system is labelled human resource management with ‘Chinese characteristics’ (Warner, 1995). Labour management in China is currently undergoing a major change, shifting from the socialist model to a market-driven one. The ‘iron rice bowl’ is being slowly phased out. Guaranteed lifetime job security is being replaced by more flexible labour contracts. The ‘cradle to grave’ social welfare system is also fading out, with more performance-based reward systems replacing it (Warner 1997). Prior to the mid-1980s, when the Chinese government began economic reforms, most personnel issues enterprises were controlled by planning authorities, such as government personnel and labour bureaucrats. For instance, the recruitment of any person needed a pre-planned quota that was granted by the state. Neither the employees nor the employers (enterprises) had freedom to choose according to their preferences. People were assigned jobs for life with limited mobility. A worker’s personnel file recorded his/her employment history as well as a broad range of the person’s political activities. Wages and salaries were not determined by management, but fixed according to pre-determined grades based on seniority. Moreover, the Party Secretary’s organization maintained tight control of personnel within an enterprise. A manager’s political attitudes towards the Party were an important criterion in his/her appointment and promotion (Ding et al. 2000). The past two decades have seen the Chinese economy steadily evolve towards the state-engineered ‘market economy with Chinese characteristics’ (Warner, 1995). The productivity of the labour force has been recognized as the most valuable resource from the top central government to the grassroots organizations. The term ‘ren li zi yuan guan li’ (HRM in Chinese) frequently appears in books, local newspapers, and journal articles. In the real world, much has changed in HRM practices in China. One of the biggest changes is the increasingly predominant position of material rewards. The old wage grade system was abandoned nationally and the new ‘post plus skills’ (gang ji gong zi zhi) system was adapted. Under the reformed employment system, Chinese managers now have greater freedom to ‘hire and fire’ (Child, 1994). Even though fully fledged HRM on Western lines seems still far away, many personnel policies have been substantially changed: workers are employed on fixed term contracts, apprenticeships have been reformed, and training has been expanded for both workers and managers in most Joint Ventures and State Owned Enterprises (Warner, 1997). With the reforms of the employment system, a new terminology of HRM cam to China in the mid- 1980s (Warner 1999). Initially, HRM as an academic concept was introduced by joined teaching arrangements between Chinese and foreign universities, as well as in management practices in foreign-owned enterprises, mainly from Japan, the USA and Europe (Warner 1995). The Chinese translation of HRM is renli ziyuan guanli hich means ‘labour force resources management’. But in fact, some people now use it misleadingly as a synonym for personnel management (PM) (renshi guanli) and indeed treat it as such (Warner 1997). This form of older PM practice is still very common in SOEs and a fair degree of conservatism continues to pervade the administration of personnel on such enterprises. Certainly, it is still somewhat far from the initial concept of HRM as understood in the international business community (Poole 1997). In parallel, attempts were made to import ‘enterprise culture’, code for adopting and adapting the Japanese model (Chan 1995). This is normally found in firms entering JV arrangements with Japanese MNCs or where the Japanese have set up wholly owned firms on site. Some aspects of the Japanese management system such as the quality control circles (QCC) and total quality control (TQC) have been practised in both local and foreign companies. However, the system is closely adapted to local laws and practices. The term HRM is in fact mostly de rigueur in the most prominent Sino-foreign JVs, particularly the larger ones. Even in such firms, management seems to be more inward-looking, focusing on issues like wage, welfare and promotion as found in the conventional personnel arrangements rather than strategic ones like long-term development normally associated with HRM. Clearly, at this time, there is not a homogeneous model of HRM in Chinese enterprises. Individual enterprises are reforming their HRM systems differently on the basis of their existing conditions and the respective impact of economic reform. HR practices and employment relations philosophies of Taiwan The Taiwanese management system is also rooted in traditional Chinese culture and values, predominantly in the form of small size family businesses, coupled with strong family control and extensive subcontracting networks (Chen 1995). However, in the first half of the twentieth century, Taiwan was colonized by Japan and Japanese influence was widespread, including its management system. Taiwan gradually developed large businesses in the capital – intensive sector owned and/or controlled by the State under the Nationalist government since the late 1940’s (Lee 1995). Generally speaking, the characteristics of the Taiwanese management system can be summarized as follows: hierarchy, paternalism, strong personal loyalty and commitment, and the importance of personal loyalty and commitment, and the importance of personal connections (guanxi) in business and individual lives (Chen, 1995). These characteristics are rooted in Confucianism, a belief system that values harmony, and the tendency to see individuals in a family and socially dependent context. Different stages of economic development were accompanied by differing management patterns. In Taiwan, for instance, its economic development since the 1960’s can be divided into two stages: the export expansion period between 1961 and 1980 and the technology – intensive industries expansion period from 1981 to recent years (Lee, 1995; Zhu et al. 2000). HRM in Taiwan also changed over the two periods. The main characteristics of HRM during the export expansion period can be identified as follows: Recruitment Recruiting blue-collar workers relied heavily on informal channels, such as employee referral and company network. For the recruitment of white – collar workers, formal channels were preferred (Lee 1995). Since most middle and high- ranking management positions were filled either by the owners’ family members or by internal promotions, little outside recruiting activity took place (Lee 1995). Training Company – sponsored training was not popular during this period. Apprenticeships were also not common in Taiwan. However, as a rule, more skilled workers received formal on-the-job training (OJT) than did semi-skilled and unskilled workers, and foreign-owned companies offered more OJT programmes than did local companies (Lee 1995). Compensation Packages include basic pay and various types of bonus, such as those based on the year-end results, competition, invention, long-service and so on (Chen 1998). It was common for Taiwanese companies to adopt the Japanese seniority-based wage system for basic pay (Lee 1995). With the traditional culture of avoiding conflict between management and employees, most workers can be promoted up the scale of their job title if their annual performance is ‘above-average’ (Chen 1998). Trade Unions These worker bodies were controlled by the government during this period (Zhu et al. 2000). The ruling Kuomintang (KMT) – now known as the Guomingdang Party – guided most unions through local government control over the election of union officials, fostering KMT branches at workplaces and ‘supervision’ by larger affiliates of the sole national union peak council, the Chinese Federation of Labour (CFL) (Zhu et al. 2000). Thus the government was able to maintain a low minimum wage and control the adjustment of wage rates in the public sector (Lee 1995). Expansion of Technology – Intensive Industries (1981 – Present) During this period, not only did the structure of the economy change quickly, but employment relations, human resource management practices, and the government’s labour policies were similarly affected (Lee 1995). The industrial system became more complex and formal, and government policy became more pro – labour orientated as mentioned above. Changes in industrial structure and government policy and legislation had a profound impact on HRM and the structure of organisation in Taiwan. To cope with the increase in production costs employers adopted many strategies, such as employing foreign workers at lower wages; with government permission (companies can employ foreign workers up to 30 % of total employees) (Zhu et al. 2000)., improving the efficiency of the workforce by providing more training, introducing automated machinery to substitute labour, and subcontracting their work (Lee 1995). In addition, in order to obtain a further comparative advantage many companies from Taiwan relocated their operations to low-wage countries, especially to mainland China and south-east Asia (Zhu and Warner, 2001). However, different kinds of enterprise have different approaches towards change in the labour market and to the challenges of global economic competition. Two major variables here are predominantly family-based small and medium enterprises (SMEs) and predominantly state- owned large enterprises (LEs). Most SMEs still maintain a centralised decision-making process. However, there is now a tendency for owners to gradually withdraw from routine management activities. Some high-ranking managers are trained and promoted within the companies and are not necessarily family members. Management professionalism becomes increasingly important as a response to criticism of managerial favouritism. Most SMEs now pay attention to both pre-training and continuous training in order to cope with market changes and link the skills of employees with the needs of production. Trade unions have generally been weak in Taiwanese SMEs. Although the Trade Union Law (1975) required unions to be established in workplaces in most sectors with more than 30 employees (Lee 1988; Warner 1995) the reality is that even now a large number of SMEs are without union organisations. There is a general feeling that managers in SMEs do not want union involvement in decision-making (Zhu and Warner 2001). On the other hand, state-owned large enterprises (Les) in Taiwan for years enjoyed monopoly status in key sectors. They were mostly in the strategic industrial areas that had received strong support from the government. However, in recent years, privatisation and marketisation have dominated their economic decision-making and these enterprises are facing restructuring and reform. Generally speaking, LEs have well-established systems of external recruitment of managers. Using examination, interview and evaluation procedures, SOEs can recruit the most capable people from outside their organizations. For a long time, people sought positions within LEs for security, better pay and welfare, good working environment, and social prestige; it made recruitment even more competitive. Therefore, so far the qualifications of managers in these enterprises remain highest, with university graduates and post-graduates of high quality. In addition, public recruitment of employees is the main recruiting channel for Les. However, the public sector is not allowed to employ foreign workers. In terms of training, both on-the-job training and professional training are provided by the enterprises. The compensation package has not been changed as well. In fact, among all types of enterprises, Les seem to have the highest salary-levels. Bonuses are paid as group incentives equivalent to three or four months’ wages (Zhu and Warner 2001). Trade Unions in the Taiwanese public sector have been subservient to the government for a long time (Frenkel et al. 1993). Even now, trade unions in these state-owned LEs are not wholly independent, although they have a strong membership base. The functions of these unions were described as ‘promoting enterprise productivity as well as protecting workers’ interests’; they also provide a useful bridge between employees and management in order to guarantee smooth industrial relations (Zhu et al. 2000). Comparatively speaking, we can see that HRM policies and practices in China and Taiwan were both plainly under the influence of traditional culture (Redding 1995) and the changing political and economic environments (Zhu et al. 2000). Key characteristics such as collectivism, hierarchy, harmony, loyalty and strategic thinking can for instance, be found in both management systems. these characteristics are reflected in HRM, for example, in group-oriented production activities (teamwork), group-based performance evaluation and incentives, relatively narrow gaps in salaries between management and employees, co-operative and harmonised labour management relations and seniority-based wage systems (in particular during the pre-reform systems). In addition, strategic thinking and management have had to deal with such changes, in particular during the period of economic transition. In recent years, both increasing global competition and the Asian financial crisis have forced enterprises to adopt more flexible policies and management systems. New political environments, reformed legal frameworks and economic pressures have also have also added new dimensions of HRM. Conclusion Although traditional culture continues to influence HRM, such as group-oriented production activities, group-based performance evaluation and incentive, relatively small differences in salary between management and employees, co-operative and harmonious labour management relations, and so on, other differences remain vis-à ¯Ã‚ ¿Ã‚ ½-vis the stage of economic development and technology, market environment. In conclusion, it can be argued that that there will at least be a degree of ‘relative convergence’ (Chan 1995) given the evidence presented here. The trends towards globalisation may in many significant respects only strengthen tendencies towards greater similarities in HRM policies and practices over the coming decades, although both societies can be expected to retain their distinct identities.    References 1. Chan, A. 1995, Chinese Enterprise Reforms: Convergence with the Japanese Model? , Industrial and Corporate Change, Vol.14, No. 1, pp.449-70. 2. Chen, M. 1995, Asian Management Systems: Chinese, Japanese and Korean styles of Business, London: Routledge. 3. Chen, S.J. 1998, The Development of HRM Practices in Taiwan, Human Resource Management in the Asia Pacific Region, London: Frank Cass, pp. 152-69. 4. Child, J. 1994, Management in China During the Era of Reform, Cambridge: Cambridge University Press. 5. Ding, D.Z., Goodall, K. and Warner, M. 2000, The End of the Iron Rice Bowl: Whither Chinese HRM?, International Journal of Human Resources Management, Vol. 11, No. 2, pp. 217-36. 6. Frenkel, S., Hong, J.C. and Lee, B.L. 1993, The Resurgence and Fragility of Trade Unions in Taiwan, in S.Frenkel (ed.), Organised Labour in the Asia-Pacific Region: a Comparative Study of Trade Unionism in Nine Countries, Ithace, NY: ILR Press, pp. 162-86. 7. Lee, J.S. 1995, Economic Development and the Evolution of Industrial Relations on Taiwan, 1950-1993, Employment Relations in the Growing Asian Economies, London: Routeledge, pp. 88-118. 8. Magarinos, C.A., Long, Y. and Sercovich, F.C. 2002, China in the WTO: the Birth of a Catching-up Strategy, London: Palgrave and New York: St Martin’s Press. 9. Poole, M. 1997, ‘Industrial and labour relations’ in M. Warner (ed.), IEBM Concise Encyclopedia of Business and Management, London: International Thomson Business Press, pp. 264-82. 10. Redding, G. 1995, The Spirit of Chinese Capitalism, Berlin: De Gruyter. 11. Warner, M. 1995, The Management of Human Resources in Chinese Industry, London: Macmillan and New York: St Martin’s Press. 12. Warner, M. 1997, Management- Labour Relations in the New Chinese Economy, Human Resource Management Journal, Vol. 37, No. 4, pp. 30-43. 13. Warner, M. 2002, Globalisation, Labour Markets and Human Resources, International Journal of Human Resource Management, Vol. 13, No. 3, pp. 1-15. 14. Zhu, Y., Chen, I. and Warner, M. 2000, HRM in Taiwan: An Empirical Case Study, Human Resource Management Journal, Vol. 10, No. 4, pp. 32-44. 15. 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