Tuesdays with Morrie Analysis

Tuesdays with Morrie Analysis In the Book Tuesdays with Morrie Mitch Albom asks the reader a continual question that reverberates throughout the book: a question that he wrestles back and forth with. His question is simple but deep and compelling; have you had someone close to you leave your life, not completely, but physically? Everything just seemed right when they were in your presence. The moments spent could only be described as what seemed so lovely and pure, the memories often pondered fondly. You keep yourself busy with many a task to dull the senses of what the mind plaques on your inner most being. The feelings of apathy and complacency are feelings that have not brushed across your mind until now, like an artist with a single stroke, a shiny gloss that hazed over your thoughts, now dry and crackling, chipping away and falling far from your mind as if they were never there. Realizing what you had is coming to terms with where you came from and where you are now. Morrie Schwartz was Mitch Albooms sociology professor at Brandeis University whom he has not spoken with in years, and when he discovers that his dear old professor has taken ill with Amyotrophic lateral sclerosis (Lou Gherigs disease) while watching a Nightline interview that Morrie did with Ted Koppel he wastes no time in getting back in touch with him. From the onset Mitchs cognitions of what Morrie use to look like are dwarfed by the reality of just how deeply aging and terminal illness have affected his once jovial and lively professor. When he arrives at Morries home in Boston he sees a frail and aged man waiting outside in a wheel chair, a far cry from the dancing fool he remembers him to be. As his first visit is underway he realizes just how confined his old professors life has become, from not being able to leave his home to having a nurse at the house to aid him in tasks that a healthy individual does with ease, becomes a daily routine. After his first visit to Boston Mitch vows to keep coming back every Tuesday in keeping with the same schedule that they had while Mitch was a student of Morrries at Brandeis, because as Morrie says were Tuesday people Mitch. Tuesday after Tuesday Mitch returns to Morries house in West Newton to take in every bit of Morrie he can and extrapolate every ounce of knowledge and wisdom his aging professor can muster, and for sixteen Tuesdays they explored many of lifes central concerns family, marriage, aging, and happiness, to name a few. It becomes increasingly evident just how cruel and unrelenting a disease such as ALS can be, it takes from Morrie the one thing that allows him to exercise his right to free and reckless abandon, his dancing. The slow degenerative effects of this inexorable malady are played out in every stage of the book from the first time we see Mitch baring handfuls of Morries favorite foods to the following where he has trouble lifting his hands to his chin and his in house nurse has to spoon feed him. Morrie had expressed to Mr. Koppel in their first meeting that what he dreaded most about the disease was the likelihood that one day soon, somebody else would have to clean him after using the lavatory. It happened; his worst fear had come to fruition. Morries nurse now has to do it for him, and he realizes this to be the utter surrender to the disease. He is now more than ever entirely reliant on others for virtually all of his necessities. He articulates to Mitch that in spite of the troubles of his reliance on others, he is trying to revel in being an adolescent for a second time. Morrie reiterates that we ought to discard culture if it is not beneficial to our needs, and conveys to Mitch that we must to be loved such as we were when we were children, continuously being held and rocked by our mothers. Mitch sees that at 78 years age, Morrie is generous and giving as an adult while taking and receiving just as a child would. As Morries ailment worsens, so does his hibiscus in the window of his study. It acts as a representation of his life as a natural process of lifes cyclical process. He conveys a story Mitch and also to Mr. Koppel of a wave rolling into shore, signifying death. Morrie articulates his fear of it, but reassures Mitch with that he accepts it and will come back as something far greater. Morrie echoes an aphorism to Mitch When youre in bed, youre dead to signify his ultimate surrender and on Mitchs last visit to see him that is where he laid, like a child, small and frail. This notion of dependence (birth through childhood)-independence (teenage years through adulthood) dependence (late adulthood to death) seems to be the resounding tone throughout our textbook as well, where life is a set stage of transitions from birth-maturing-aging-and death. We care for people when they are young, nurture to foster mature and productive adults, and then again care for them when they cannot do so for themselves. I have and would recommend this book to anyone and everyone, not only for the way it touches me when I recollect upon it and makes me cry with tears of hope and gladness that such a person lived but also for the numerous and invaluable lessons it imparts upon its readers. Alblom has made me change the way I see the world, I see aging as a wonderful and beautiful part of life, not a process to detest but to relish in its loveliness and splendor. There is a beauty in aging that I had not recognized before this book, Morrie Schwartz breathes new life into the coming generations

exas Roadhouse Essay

Discussion of Whether or not the Phrase â€Å"If we Take Care of our Employees, They will Take Care of our Customers† is Actually Practiced or is just a Cliche on the Wall at Texas Roadhouse Steakhouse and the Implications of Answer The belief in the phrase if we take care of our employees, they will take care of our customers is a practice that instills values in the workforce of today. This is not just a cline, when employees desire their jobs and job description, the effect on customer satisfaction is immeasurable. The most important and effective customers are the company employees and when customers are taken effective care of business relationships are built (Mindshare Technologies, 2010). Texas Roadhouse stated, we want to provide a place that the whole family could enjoy (Noe, Hollenbeck, Gerhart, Wright, 2011). Texas Roadhouse delivery is good meal with friendly, energetic, and enthusiastic service. Founded in 1993 by W. Kent Taylor, Texas Roadhouse was voted the #1 Steakhouse in America by Restaurants and Institutions Magazine Consumer Choice Survey in just ten years in 2003, and in 2004 the Best Steakhouse Value and Menu Variety (Texas Roadhouse Inc. , 2013). At the Texas Roadhouse, the company motto is Legendary Food, Legendary Service and Legendary Fun taken pride in everything they do from hand-cut steaks and some tasty margaritas (Texas Roadhouse Inc. , 2013). Texas Roadhouse actually want guests to have so much fun that they will want to return again and again, the best promotion is word of mouth. On the other hand it is concrete that Texas Roadhouse would benefit more from the expansion of its company store hours. Texas Roadhouse operates on the weekdays during dinner hours and on the weekends; the company operates both during lunch hours and dinner hours. Texas Roadhouse’s recent success over the past few years, clearly states that it is evident that Texas Roadhouse would benefit and increase company revenue if the company were to operate on weekdays during lunch hours as well as dinner hours. Furthermore, a well efficient trained, motivated, and satisfied employee who has a great relationship with their boss and company will conduct themselves in an outstanding manner where their work delivery will be the best efficient experience to the next potential customer arriving to the business. Company employees reflect the message the organization wants to deliver to the world, they interact with consumers, make efficient profits and high product performance. If companies take more time to invest in their employees the company will tend to be more performance efficient and produce more profits at a higher rate (Todrin, 2012). Discussion of Alternate Methods that Could be Used to Motivate Texas Roadhouse Employees Other than the Money it Uses as a Motivator for Employees Facing direct financial challenges throughout the economy employees can learn more effective methods besides monetary incentives to motivate employees. Companies can stress to upper level management to use recognition as a form of motivation for the company employees. Employees accomplishing tasks or achieve a specific job duty, management can learn to recognize them for their achievements earn (Worman, 2010). ). Another suggestion would be to develop an Employee of the Month program. This program has been administered for a quite some time, especially throughout corporate America. Individuals should be recognized for their overall outstanding achievements. The process of this award should be administered and voted on by upper level management. Coaching is a form of employee development and recognition. Taking the time and effort to coach an employee for development can say about the company, that you care about your employee’s success throughout the company (Worman, 2010). The use of gags, gimmicks and time off are other methods employers can use as an alternate method to motivate employees. Employers can use these tactics as rewards to help inspire efficient employee performance. The key is to establish the perception of priceless value of the company employees. In addition, all employees enjoy the luxury of being given time off (Worman, 2010). Lastly, the most simplest and under-utilized method of motivation, is just saying to employees thank you for your hard work and effort. Discussion of Possible Effectiveness of Each of the Alternative Methods Other than the Money Texas Roadhouse Uses as a Motivator for Employees Individuals who feel motivated to carry out their job descriptions are the likely employees to bring creativity in addition to high performance rates. Each alternative method can have positive effects on employees. Money is not the only motivator; companies should always consistently incorporate motivation to employees. Otherwise, the best employees will be attracted by other companies when the economy. Incentive pay can be very effective and the plan must be well designed. Effective plans should measure the performance of employees according to overall organizations goal. Promoting employees is very effective it shows employees that their commitment to their work is being acknowledged and appreciated. Occasionally contests held within the company are very effective, it pushes the employees to compete against one other to win the prize. Overall for the employer this is a great way to promote effective performance because all employees are giving their all. Reward and recognition make people feel good themselves and their job, and their performance is directly affected. Employee’s being recognized provides the employees with a overall sense of accomplishment and this can have a domino effect for other employee yearning to be recognized for their job performance (Worman, 2010). The use of gags and gimmicks can inspire employees to do their very best. The incentive of giving time off helps gives employees the chance to compete for the prize. Every employee enjoys receiving a day off of work. Analysis of how Transferable the Texas Roadhouse Way of Motivating Employees Would be in Other Organizations The way Texas Roadhouse uses monetary incentives to motivate employees may not be transferable to other organizations because not all companies have the same vision for the company, and not all organizations are financially stable to reward their employees with incentives such as cash. Organizations that seem not to be able to uphold these standards need to research different alternatives methods used to motivate company employees. On the other hand organizations that can use monetary incentives as a form of motivation for employees should use those incentives as a way to show company appreciation. In return for their hard work being recognized some employees may choose to improve their performance for the company because they feel appreciated. Lastly, it really does not make a difference in the alternative methods companies uses to motivate the company employees, the use of motivation helps employees explore their potential helping the organization reach top notch performance (Noe, Hollenbeck, Gerhart, Wright, 2011).

Joint Venture in China

————————————————- Topic: Joint-Venture – China – Wall Panelling Once a foreign investor is put into the mix, a wealth of legal, administrative or operational violations that a solely-owned Chinese firm may have been able to survive with, will most likely not be tolerated by the local authorities (Devonshire-Ellise & Hoffman, 2010; Norris, 2011). Therefore an array of legal and contractual issues may arise for which a foreign party should be prepared. Some of these are outlined below.Environmentally Friendly Wall Panelling: ————————————————- As the product involved is classed as building materials the company should make note of Austrade’s guidelines on industry standards for building materials in China (Austrade, 2012). For this environmentall y friendly wall panelling the GB/T 50378-2006 regulations will apply (GCiS, 2012). The Issue of Stabilisation: ————————————————- Protection measures should also be stipulated through the creation of a Joint-Venture Contract.One of the biggest issues may be found through the difference in law between China and Australia; China having civil law and Australia having common law. Therefore in order to have the Joint-Venture contract protected from future changes in the Chinese civil law system a stabilisation clause is highly recommended (Coale, M. T. B, 2001-2002). Types of Joint-Ventures in China: What makes the selection of a joint-venture so important is that even though China’s Choice of Law provisions follow international practices; this doesn’t apply for Joint-Ventures.The only time a foreign party within a Joint-Venture may have a choice of law is when set tling disputes (Gao, 1989, p. 560; Wei, 2000, p. 40; Sino Foreign Joint-Venture Law Article 2). Types of Sino-Foreign Joint-Ventures in China: Refer to Appendix 1. Equity Joint-Venture (EJV): An equity Joint-Venture in China takes the form of a limited liability company (JVL Article 4 and Article 2 RICJVL; Kluwer Law International, 2005; Nee, O. D, 1992, 83-101). In this type of Joint-Venture both parties contribute to the registered capital and risks; profits and losses are all taken in regards to the proportion of that contribution.Four Basic attributes (Kluwer Law International, 2005; Wei, 2000, p. 74-75): 1. Established in accordance to the law of the People’s Republic of China. 2. Necessary Property or Capital 3. Possesses its own name, structure and premises 4. Assumes civil liability independently. Cooperative (Contractual) Joint-Venture Creating Chinese Juristic Person (CJVCJP): Also a limited liability company which assumes responsibilities for the ventures total ass ets however can have a separate internal arrangement on debt liability of each party (Articles 11,12, 14 of RICJVL; Wei, 2000, p. 5-76). The structure and status of this type of venture is a lot more flexible than for EJV’s, with precise aspects being able to be defined by contract (Kluwer Law International, 2005; Nee, O. D, 1992, 83-101). It also has liberty of negotiation of product or profit distribution method while still being a separate legal person with the parties’ liability limited to their capital contributions (Article 14 of RICJVL; China Business Law Guide, 2005; Cooperative Joint-Venture Law and Cooperative Joint-Venture implementing Law).Cooperative (Contractual) Joint-Venture Not Creating Chinese Juristic Person: (CJVWCJP): Does not create a Chinese juristic person (Article 52 of RICJVL) and parties take unlimited liabilities for the debts of the Joint-Venture jointly and severally. All investments are administered in a unified manner and consent is need ed for the disposing of a party’s investment (Nee, O. D, 1992, 83-101). ————————————————- It has loose structure, high risk and low degree of control and cooperation (Nee, O. D, 1992; Wei, 2000, p. 176). ————————————————-As all Chinese JV’s are controlled under the P. R. C law (Article 5 of the Foreign Economic Contract Law (FECL); Lewis, 1996, p. 31; Wei, 2000, p. 73), the ability to create their own contractual clauses and have more freedom in the contractual relationship is necessary, especially in regards to topics such as intellectual property; that is why a Contractual Joint-Venture Creating Chinese Juristic Person is the best choice. Also, in relation to management and liability and the production of manufactured goods this type of Joint-Vent ure is ideal (China Business Law Guide, 2005; Gomes-Casseres, 1990; Wei, 2000, p. 68). The Issue of Intellectual Property: From the 6th China International New Wall-Building Materials, Equipment and Technology exhibition held in Beijing in May 2012, it can be seen that green building is becoming increasingly popular in China (GCiS, 2012). In fact the 12th Five-Year Plan states that by 2015, at least one billion of these should be built with eco-friendly building materials, and by 2020, green buildings will account for more than 30% of new construction (ACBW, 2012; Appendix 6; GCiS, 2012).However, with this novelty in green building rising and a lot more foreign producers developing products and technology in China so comes the problem of protecting intellectual property. Intellectual property protection is relatively new in the People’s Republic of China but its importance continues to rise (Wheare, 1998, p. 1) and it is often cited as an issue of concern for foreign parties in China (Ding, 1997; Liesch & McGaughey, 2000, p. 1; Massey, J. , 2006-2007; Vanhonacker & Pan, 1997). Traditionally the concept of protecting intellectual property did not have a strong hold in Chinese culture (Wei, 2000, p. 9), but China’s reformation of its national IP system to comply with the international standards set out through the WTO’s Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement has been a leap for the development of China’s view in regards to intellectual property (Wheare, 1998, p. 1). However, despite China’s accomplishments in IP protection and indications it will not become a â€Å"haven of piracy† it still considered one of the most risky places to do business (Folsom & Minan, 1989, p. 792; Liesch & McGaughey, 2000 p. 2).This is due to its relative novelty in the People’s Republic making certain segments of the population have only a rather vague understanding of the concept (Cohen et al. , 1996, p. 7). In the P. R. C the problem isn’t that they don’t have laws regulating IP protection. In fact they have laws for the protection of Patents, Copyright Infringement and Trademarks. However, the problem comes when trying to implement these laws (Yuan, 2004, p. 1) as Chinese civil enforcement procedures make it very difficult to protect high technology patents (Appendix 5; Kennedy and Clark, 2006; Zhang: 2010: 7).In addition an interesting fact to note is that People’s court may accept oral evidence but in practice they rarely accept or put weight on this type of evidence (Kennedy and Clark, 2006). Therefore, when dealing with foreign parties it is important to develop and implement a comprehensive strategy for protecting their technology interests (Greguras, 2007, p. 3; Norris, 2011, p. 58; Wheare, 1998, p. 159). If it is assumed this wall paneling company has already patented their product in Australia, under Australia’s Patent law the patent will las t for 20 years (ALRC, 2012).As the product is already being produced in Australia it can’t be patented in China. However, as China is part of WTO and is a signee on the TRIPS agreement, therefore they are politically and morally bound to recognise the Australian patent (ALRC, 2012; Article 27. 1 of TRIPS Agreement; WTO; 2012). As the producers in China will need to have the production know-how for the wall paneling, therefore there is risk of intellectual property theft. To try and protect the IP a license agreement for technology transfer could be considered.When setting up a technology transfer agreement, the Technology Transfer Regulations as stipulated in the China Laws for Foreign Business outlines in Article 2 six ways of technology acquisition (Appendix 2; Kluwer Law International, 2005). ————————————————- If licensing is chosen for the transfer of the patent and its technology in the Joint-Venture the usual licensing agreement is 10 years. However this is usually permitted to extend to the life of the Joint-Venture (Lewis, 1996, p. 67). The agreement involved will allow the Chinese producers to use the technological know-how with it returning to the licensor (the Australian side) once the Joint-Venture is terminated. However it must be noted that the general consensus in China is that technology and know-how belong to the licensee at the end of the term and the licensor should not be able to restrict the licensee in its use of this information (Jianhua & Williams, 1998, p. 167; Lewis, 1996, p. 167).Therefore despite many ways one can try and protect IP in China, the most important factor is to carry out due diligence and make sure that the knowhow has been protected as good as possible. The Issue of Dispute Resolution: Due to a difference in legal system, cultural values and business practices, China can be seen as a high risk business environment. In the case of any disputes a clear and understandable dispute resolution method and clause should be formed and included in the Joint-Venture contract (Wei, 2000, p. 154).It is crucial for JV parties to specify dispute resolution methods, applicable law and venue for resolving disputes (Chan & Suen, 2005). Under the law of the P. R. C, Sino foreign Joint-Ventures are allowed to select applicable law and the venue for the dispute resolution in their contractual clause and Chinese law is only an option in this case (Dobkin, 1988, 79-80; FECL 1985; Lewis J. 1996, p. 256; Wei, 2000. p. 156). However Article 25 of the Law on Sino-foreign Cooperative Joint-Ventures (2005) provides that if a dispute arises, the dispute should be in first instance settled through friendly consultations to the extent possible.If such consultations fail then the dispute may be settled by arbitration or be referred to the People’s Court (Lewis J. 1996, p. 255) Therefore it is recommended that in light of any breaches of contract or party disputes the first step should be negotiation. Negotiation is not legally binding and can preserve the guanxi between both parties, whilst being the cheapest ADR method (Cheung and Suen, 2002; Dimatteo, 2003 p. 109). Also given the law states that friendly consultation should be the first step it should be the first method tried.However if not successful a relevant arbitration can be included in the contract. The P. R. C has a flexible approach regarding dispute resolution and it can take place in China or abroad according to Chinese rules or an international arbitration body (Lewis, 1996, p. 256). However, for this wall paneling company it is still recommended to have the arbitration carried out in China as cost is lower and it is more convenient and is enforceable (Dimatteo, 2003, 109). Many parties scared of using mainland Chinese arbitration rules have decided on arbitrating in Hong Kong.This is a great option for the wall panel ing company as Hong Kong has adopted the UNCITRAL model law on arbitration and is considered an international arbitration centre with highly developed infrastructure (Brandt & Tomson, 2012, p. 18; Dobkin, 1988, 79-80; HKIAC, 2004). In addition, Hong Kong will able to give better advice on foreign related matters in English making the process a lot smoother (Lewis, 1996, p. 257; Srivastava, 2002, 197). A possible dispute resolution clause that could be included in the contract can be viewed in Appendix 3. ————————————————-If Arbitration still has not produced any results litigation can be considered (Wei, 2000, p. 154) but in China it is usually viewed a s a last resort due to possible bias present in the courts and due to court proceeding being very lengthy and expensive and it’s also difficult to find lawyers competent to advise on foreign matters in English. Usual ly foreign parties will endeavour to ensure their disputes are resolved without Chinese courts as they are still unconfident because of the reported local protectionism (Bersani, 1994; Chan, 1997) The Issue of Language: ————————————————-Which language should be used in the Joint-Venture contract? When dealing with foreign parties there can sometimes be large language barriers. This problem can often be solved by having a clear language agreement stipulated in the contract. It is common practice to have the contract in both acting languages. Although this can be rather expensive, it may avoid some major problems that could arise in the future (Lewis, 1996, p. 31). The Issue of Termination: Chinese parties may be averted to agreeing with the public and formal ending of a Joint-Venture, not wanting to discuss the end before even beginning (Xu, 2008).However, sometimes, as the Chinese saying goes, the foreign party might find themselves in the ‘same bed’ as the Chinese but ‘with different dreams’. This is why a termination clause is very important. Despite the conventionality of this clause, it is still a grey area; the general practice is that foreign investors buy their way in and then buy their way out if the situation turns bad. Chinese parties have been known to play corporate blackmail with foreign investors as to block potential exit of the foreign party or to hold them liable for all losses (Xu, 2008).A Joint-Venture contract should have a detailed termination clause which outlines the events allowing parties to terminate their involvement. It should also state the duration of the Joint-Venture. (Dimatteo 2003) Some grounds for termination are as follows (Lewis, 1996, p. 257): 1. Expiration of the Joint-Venture term; 2. Inability to continue operations due to heavy losses; 3. Inability to continue operations due to the f ailure of one of the contracting parties to fulfill its contractual obligations; 4. Inability to continue operations to heavy losses caused by force majeure or; 5.Inability to attain the desired objectives of operations and the lack of future for development. Some other terms that may be included are set out in Appendix 4. *It is proposed that the tenure for this Joint-Venture should be set at an appropriate time so as to avoid the transfer of intellectual property. This time should be before the patent protection runs out and before the licensing agreement runs out. —————————————————————————————————————————————– AppendicesAppendix 1: Business Structures in China (Yu wa Wei, 2000, Investing in China. p. 169) Appendix 2: China Business Law Guide 2005 a) The assignment of patent rights; b) The assignment of the rights to apply for patents c) The licensing of patent exploitation; d) The assignment of technical secrets; e) The provision of technical services; and f) Other forms of transfer of technology. Appendix 3: Dispute Resolution Clause In the event of any dispute arising under this contract, the parties shall first make all necessary efforts to settle the dispute through friendly consultation.If it is impossible to settle the dispute in this way then the matter shall be submitted to arbitration before the Hong Kong International Arbitration Centre (Lewis, 1996, P. 255). Appendix 4: Grounds for Termination (Frenkel, 1998) 1. Failure of a participant to make require capital contribution; 2. Failure of a participant to obtain necessary government approvals; 3. Failure of the venture to reach a pre-agreed level of profitability; 4. Management dead lock; 5. Failure of one partner to purchase the shares of another. (Buy-Sell agreement); 6. An adverse and debilitating change in the law; 7.Bankruptcy or insolvency of the Joint-Venture. In relation to IP even if there is a clear termination clause and licensing agreement relating to the breach for the use of IP and know how as mentioned before the general consensus in China is that licensed IP will be able to be used once the license agreement has ended by the licensee. This means that despite efforts to protect IP, there is still a possibility of a breach and this should be understood as China’s cultural view is different and they still have a developing legal system in relation to this problem. Appendix 5: Key Issues in Enforcing IP Law (Kennedy, G. amp; Clark. D, 2006) The key issues are: 1. Civil procedure law puts a strong burden on plaintiffs to prove their case. There are no rules specifically shifting the burden of proof if a plaintiff makes out a prima facie case. This can make it very difficult to prove that a high technology patent has been infringed, or a trade secret has been misappropriated. (Article 125, Contracting Law) 2. There is no discovery in civil proceedings. Parties are only required to submit evidence that assists their case. Without discovery, it can be extremely difficult to prove a case. Article 125, Contracting Law) 3. Oral evidence is very rarely accepted in civil proceedings (63 and 72 of Civil Procedure Law) – oral evidence of misbehaviour by an employee will thus be very hard to use. Appendix 6: Expected Growth of China Green Buildings (MOHURD, GCiS). Reference List 1. Austrade, 2012, Building Materials to China, Available at . Accessed on 22/10/2012. 2. Australian Business Forum (ACBW), 2012, China to Boost construction of Green Building. May 7th. Available at . Accessed on 23/10/2012. 3. Australian Law Reform Commission (ALRC), 2012, Duration of Patent Protection, Australian Government. Available at . Accessed on 25/09/2012. 4. Brandt, M. & Tomson, K. , 2012, Hong Kong's state and crown immunity: immunity for state-owned enterprises? Published by SNR Consulting and Legal Services, Hong Kong. 5. Chan, E. H. W ; Suen, H. C.H, 2005, Dispute resolution management for international construction projects in China, Management Decision, vol. 43, no. 4, pp. 589-602. 6. Cheung, S. O, and Suen, C. H, 2002, A multi-attribute utility model for dispute resolution strategy selection. Construction Management Economy, Issue No. 20, 557-568. 7. Chinese Civil Procedure Law 1991. Available at ;http://www. China. org. cn/english/government/207343. htm;. Accessed on 16/10/2012. 8. Chinese Contract Law of 1999, in The New Contract Law in the People’s Republic of China and the UNIDROIT Principles of International Commercial Contracts: A Brief Comparison by Zhang, Y.Q. ; Huang, D. H. Available at ;http://www. unidroit. org/english/publications/review/articles/2000-3-zhang-e. pdf;. Accessed on 14/09/2012. 9. Chinese Law on Sino-foreign Cooperative Joint-Ventures, 2005. Available at ;http://www. hecpb. gov. cn/english/news/display. php? id=1;. Accessed on 15/10/2012. 10. Chinese Patent Law 1984 as amended on 1 July 2001 and its Implementing Rules. 11. Coale, M. T. B. , 2001-2002, Stabilisation clauses in International Petroleum Transactions. Denver Journal of International Legislation and Policy, 222. 12. Cohen, M. A. , Bang, A. E. , Mitchell, S.J. ,1999, Chinese Intellectual Property Law and Practice. Kluwer Law International. The Hague, The Netherlands. 13. Dimatteo, L. A, 2003, The Law of International Business Transactions, Thomson Learning. USA. 14. Ding, D. Z. , 1997, Control, conflict and performance: A study of US – Chinese Joint-Ventures. Journal of International Marketing, 5(3): 31–45. 15. Dobkin, J. A. , 1988, International Technology Joint-Ventures in the Countries of the Pacific Rim, Butterworths, United States. 16. Frenkel, W. G. , 1998, Legal Protection ag ainst Risks Involved in Doing Business in the Republics of the Former U.S. S. R. International Quarterly (10), 395, 467. 17. Folsom, R. H. , ; Mina, J. H. , 1989, Law in the People’s Republic of China: Commentary, readings and Materials. Martinus Nijhoff. 18. Gao, Y. F, 1989, Economic Contract Law in China, in Ralph H Folsom and John H Minan (eds. ), Law in the People’s Republic of China: Commentary, Readings and Materials. Martinus Nijhoff. 19. GCiS China Strategic Research, 2012, Green and Eco Friendly Materials Are the Latest Spotlight in China’s Construction Market. Available at ;http://www. gcis. com. n/GCiS%20Commentary/Green%20and%20Eco%20Friendly%20Materials%20Are%20the%20Latest%20Spotlight%20in%20China%27s%20Construction%20Market. htm;. Accessed on 22/10/2012. 20. Gelatt, T. A, 1989, China's New Cooperative Joint-Venture Law, Syracuse Journal of International Law and Commerce. 15, 2; p. 187. 21. Gomes-Casseres, B. , 1989, Ownership structures of foreign subsidiaries: Theory and evidence. Journal of Economic Behavior and Organization, 11: 1-25. 22. Greguras, F. , 2007, Intellectual Property Strategy and Best Practices for R & D Services in China, Published by Compensation Law & Securities. 3. Hong Kong international Arbitration centre (HKIAC), 2004, Hong Kong International Arbitration Centre Home page. Available at . Accessed on 25/09/2012. 24. Jianhua, Z. & Williams, M. , 1998, Foreign Trade and Contract Law in China, Published by Sweet & Maxwell Asia Hong Kong. 25. Kennedy, G. & Clark, D, 2006, Outsourcing to China – Risks and benefits, Computer Law & Security Review, Volume 22, Issue 3, Pages 250–253. 26. Kluwer Law International, 2005, China Business Law Guide (First Edition), The Hague, The Netherlands. 27.Law of the People's Republic of China on Foreign-related Economic Contracts(FECL), 1985, Available at ; http://www. fdi. gov. cn/pub/FDI_EN/Laws/GeneralLawsandRegulations/BasicLaws/P020060620319304687511. pdf;. Accessed on 24/10/2012 28. Lewis, D. J, 1996, The Life and Death of a Joint-Venture in China. Asia Law ; Practice Publishing Ltd and Euromoney (Jersey) Ltd. Hong Kong. 29. Liesch, P. W ; McGaughey, S. L, 2000, An Unconventional Approach to Intellectual Property Protection: The Case of an Australian Firm Transferring Shipbuilding Technologies to China. Journal of World Business 35(1). 30. Massey, J.A. , 2006-2007, The Emperor Is Far away: China's Enforcement of Intellectual Property Rights Protection, Chicago Journal of International Law, 231 (7). 31. Nee, O. D. , 1992, Chapter in Joint-Ventures in East Asia: Legal Issues by Jacques Buhart, Graham and Trotman, London. 32. Norris, J. T. , 2011 – January, China Foreign Direct Investment: Greenfield, Mergers & Acquisition, Or Joint-Venture. The International Business and Economics Research Journal (10) (1). 33. Rules for Implementation of Chinese Joint-Venture Law (RICJVL), 1995. Available at http://www. asianlii. org/cn/legis/c en/laws/drftiotscjv805/.Accessed on 03/10/2012. 34. Smith, J. IP Protection in China – Practical Strategies (Second Edition), 1998, Asia Law & Practice Publishing Ltd and Euromoney (Jersey) Ltd. Hong Kong. 35. Srivastava, D. , 2002, Business Law in Hong Kong, Published by Sweet & Maxwell Asia Hong Kong. 36. Vanhonacker, W. R. , & Pan, Y, 1997, The impact of national culture, business scope and geographic location on Joint-Venture operations in China. Journal of International Marketing, 5(3): 11–30. 37. Wei, Yuwa, 2000, Investing in China: The Law and Practice of Joint-Ventures, The Federation Press, Sydney.

Free Essays on Feminsim

Femininity An Evolution I have heard it said so many times and by so many women â€Å" I wish I were a man†. â€Å"Men have it easy†.This statement stems from the fear and anger that comes from so many years of submission and oppression. A statement that comes from the pressure to meet standards and bodily perfections, but the woman of today, as she grows with time is proud to say that she is a woman or rather a women of substance. Women have come a long way and freed themselves from gender related stereotypes and redefined femininity. Since the mid -twenties the role of women has changed dramatically from politics to business, to academics and sport. Women have gained prominence that would have been unimaginable to earlier generations, like that of the fifties where women lived in the shadow of men accomplishments and were powerless to change their situations. † Three decades ago a typical family was depicted as a man and woman who married each other, had beautiful children.and women proudly wrote occupation â€Å"housewives† on forms . Femininity was the epitome of the fifties and was constructed to the adaption of male power. A women of the fifties grew up in an era where women held one of the three stations -A daughter, Housewife or mother. Women were influenced by magazines and articles with slogans like â€Å"femininity begins at home† and â€Å"have babies when your young. The typical housewife’s goal or daily chore was to try make home a place of peace, order and tranquillity. She had to be prepared fifteen minutes before her husband got home from work, touch up her makeup , put a ribbon in her hair and look fresh. She also had to minimize the noise of the vacuum, washer dryer and urge the children to be quiet. Another rule to be followed was to be quiet and let him do all the talking and not greet him with problems and complaints.The only ambition of the fifties women was to be a perfec... Free Essays on Feminsim Free Essays on Feminsim Femininity An Evolution I have heard it said so many times and by so many women â€Å" I wish I were a man†. â€Å"Men have it easy†.This statement stems from the fear and anger that comes from so many years of submission and oppression. A statement that comes from the pressure to meet standards and bodily perfections, but the woman of today, as she grows with time is proud to say that she is a woman or rather a women of substance. Women have come a long way and freed themselves from gender related stereotypes and redefined femininity. Since the mid -twenties the role of women has changed dramatically from politics to business, to academics and sport. Women have gained prominence that would have been unimaginable to earlier generations, like that of the fifties where women lived in the shadow of men accomplishments and were powerless to change their situations. † Three decades ago a typical family was depicted as a man and woman who married each other, had beautiful children.and women proudly wrote occupation â€Å"housewives† on forms . Femininity was the epitome of the fifties and was constructed to the adaption of male power. A women of the fifties grew up in an era where women held one of the three stations -A daughter, Housewife or mother. Women were influenced by magazines and articles with slogans like â€Å"femininity begins at home† and â€Å"have babies when your young. The typical housewife’s goal or daily chore was to try make home a place of peace, order and tranquillity. She had to be prepared fifteen minutes before her husband got home from work, touch up her makeup , put a ribbon in her hair and look fresh. She also had to minimize the noise of the vacuum, washer dryer and urge the children to be quiet. Another rule to be followed was to be quiet and let him do all the talking and not greet him with problems and complaints.The only ambition of the fifties women was to be a perfec...

Serial Killer Michael Ross, The Roadside Strangler

Serial Killer Michael Ross, The Roadside Strangler The story of confessed serial killer Michael Ross is a tragic tale of a young man who came from a farm he loved, and a childhood filled with parental abuse, although he could not remember the experiences. It is also a tale of this same man who, driven by sexually violent fantasies, brutally raped and murdered eight young girls. And finally, it is a tragic tale of a judicial system that is riddled with imperfections in its responsibility of deciding life or death. Michael Ross - His Childhood Years Michael Ross was born on July 26, 1959, to Daniel and Pat Ross in Brooklyn, Connecticut. According to court records, the two married after Pat had discovered she was pregnant. The marriage was not a happy one. Pat hated farm life, and after having four children and two abortions, she ran off to North Carolina to be with another man. When she returned home, she was institutionalized. The admitting doctor wrote that Pat talked of suicide and of beating and striking her children. Michael Ross sister has said that as a child, Ross took the brunt of his mothers anger. It is also suspected that an uncle of Ross who committed suicide may have sexually molested Ross while babysitting him. Ross said he remembered very little about his childhood abuse although he never forgot how much he loved helping his father around the farm. Strangling Chickens After his uncle had committed suicide, the job of killing sick and malformed chickens became eight-year-old Michaels responsibility. He would strangle the chickens with his hands. As Michael got older, more of the farm responsibilities became his, and by the time he was in high school, his father depended a lot on Ross help. Michael loved farm life and met his responsibilities while also attending high school. With a high IQ of 122, balancing school with farm life was manageable. By this time, Ross was exhibiting antisocial behavior, including stalking young teenage girls. Ross College Years In 1977, Ross entered Cornell University and studied agricultural economics. He began dating a woman who was in ROTC and dreamed of someday marrying her. When the woman became pregnant and had an abortion, the relationship began to falter. After she had decided to signup for a four-year service commitment, the relationship ended. In retrospect, Ross said as the relationship became more troubled he began to have fantasies that were sexually violent. By his sophomore year, he was stalking women. In his senior year at college, despite being engaged to another woman, Ross fantasies were consuming him, and he committed his first rape. In that same year, he also committed his first rape and murder by strangulation. Ross said afterward he hated himself for what he did and tried to commit suicide, but lacked the ability to do it and instead promised himself he would never hurt anyone again. However, between 1981 and 1984, while working as an insurance salesman, Ross had raped and killed eight young women, the oldest being 25. The Victims Dzung Ngoc Tu, 25, a Cornell University student, killed May 12, 1981.Paula Perrera, 16, of Wallkill, N.Y., killed in March 1982Tammy Williams, 17, of Brooklyn, killed Jan. 5, 1982Debra Smith Taylor, 23, of Griswold, killed June 15, 1982Robin Stavinksy, 19, of Norwich, killed November 1983April Brunias, 14, of Griswold, killed April 22, 1984Leslie Shelley, 14, of Griswold, killed April 22, 1984Wendy Baribeault, 17, of Griswold, killed June 13, 1984 The Search for a Killer Michael Malchik was assigned chief investigator after the murder of Wendy Baribeault in 1984. Witnesses provided Malchik with both the description of the car a blue Toyota and the person who they believed kidnapped Wendy. Malchik began the process of interviewing a list of blue Toyota owners which brought him to Michael Ross. Malchik testified that during their initial meeting, Ross enticed him to ask more questions by dropping subtle hints that he was their man. By now, Ross was living in Jewett City as an insurance salesman. His parents had divorced and sold the farm. During the interview with Malchik, Ross told of his past two arrests on sex offenses. It was at this point Malchik decided to bring him to the station for questioning. At the station, the two talked like old friends: discussing family, girlfriends, and life in general. By the conclusion of the interrogation, Ross confessed to the kidnapping, rape, and murder of eight young women. The Judicial System: In 1986 Ross defense team moved for a dismissal on two of the murders, Leslie Shelley and April Brunais, because they were not murdered in Connecticut and not within the jurisdiction of the state. The state said that the two women were murdered in Connecticut, but even if they hadnt been, the murders began and ended in Connecticut which granted the state jurisdiction. But then a question of credibility came up when the state produced a statement by Malchik claiming that Ross gave him directions to the crime scene. Malchik claimed that somehow the directions were left out of statements, both written and taped two years earlier. Ross denied ever giving such directions. Evidence in Rhode Island The defense produced cloth matching a slipcover in Ross apartment which was found in the woods in Exeter, Rhode Island, along with a ligature used to strangle one of the girls. The defense also produced a taped statement of Ross offering to take the police to the crime scene, although Malchik stated he did not recall such an offer. Possible Cover-Up Superior Court Judge Seymour Hendel exploded during the closed hearing, accusing the prosecutors and police of purposely misleading the court with lies. Some of the counts against Ross were removed, however, the judge refused to reopen the suppression hearing on Ross confession. When sealed records were opened two years later, Hendel retracted his statements. In 1987, Ross was convicted of the murders of four of the eight women he confessed to having killed. It took the jury 86 minutes of deliberations to convict him and only four hours to decide on his punishment death. But the trial itself faced a lot of criticism in regards to the Judge who presided over it.   Imprisonment During the next 18 years that he spent on death row, Ross met Susan Powers, from Oklahoma, and the two were engaged to be married. She ended the relationship in 2003 but continued to visit Ross up until his death.   Ross became a devout Catholic while in prison and would pray the rosary daily. He was also accomplished at translating Braille and helping troubled inmates. In the final year of his life, Ross, who had always been opposed to the death penalty, said he no longer objected to his own execution.  According to Cornell graduate Kathryn Yeager.  Ross believed that he had been forgiven by God and that he would be going to a better place once he was executed. She also said that Ross did not wish for the victims families to suffer any more pain. Execution Having waived his right to appeal,  Michael Ross was scheduled to be executed on  January 26, 2005, but an hour before the execution was to take place, his lawyer obtained a two-day stay of execution on behalf of Ross father. The execution was rescheduled for  January 29, 2005, but early in the day was postponed again as a question into Ross mental capabilities came into play.  His lawyer said Ross was incapable of waiving appeals and that he was suffering from death row syndrome. Ross was executed by lethal injection on May 13, 2005, at  2:25 a.m., at  Osborn Correctional Institution  in  Somers, Connecticut.  His remains were buried at the Benedictine Grange Cemetery in Redding, Connecticut. After the execution, Dr. Stuart Grassian, a  psychiatrist  who had argued that Ross was not competent to waive appeal, received a letter from Ross dated May 10, 2005, which read Check, and mate. You never had a chance!

Ecological perspective (ecosystem theory) Essay - 1

Ecological perspective (ecosystem theory) - Essay Example Human organizations are functional systems which are affected by environmental forces to cause problems such as process vagueness, lack of goals as well as goal displacement. Human service agencies are therefore in constant challenges, since most of them are formed to tackle some of the fiercest human challenges; psychological issues. Management taking considerations of the nature of human society and its challenges is likely to have better management strategies. Fredrick Taylor formulated the scientific model of management of organizations in 1947. Basing his thoughts on the premise that reduced productivity results from misunderstandings between the workers and management, Taylor proposed a scientific assessment of workers output. He postulated that the best way to improve the general performance of an organization was to identify an above average worker and learn form his approach. Although good performance can be copied to improve performance in many fields, it might be problematic in human service due to variations in clients’ needs (Karen and Zastrow2010). Hawthorne works in a Chicago electric company experimented in 1927 on ways to increase a worker’s output and satisfaction. Changing aspects of the working environment greatly improved the output per worker. Hawthorne effect was developed from the realization that workers condition themselves to give favorable results that can be attributed to them. Social factors are key factors in the total output delivery by an individual worker (Karen and Zastrow2010). Y managers have the notion that their workers are self motivated, disciplined and enjoy working at all conditions. Managers must identify the type of workers they have to determine the level of stringency needed (Karen and Zastrow2010). The environment in which an individual grows in determines the psychological development of the individual, which controls behavior alongside

Community Planning and Evaluation Essay Example | Topics and Well Written Essays - 2500 words

Community Planning and Evaluation - Essay Example Public health hospital in Canada has as well revealed the ever increasing cases if drug related complications. Therefore, community health programs require an all-inclusive planning, monitoring, and evaluation mechanisms. The need for an exclusive planning in community health programs is especially elevated by the, increased need for evidence-based programs as well as demands for quality health standard practices. Nurses in collaboration with community members, technocrats from other disciplines, and key stakeholders in health sectors plays an incredibly remarkable role in reducing mortality rate brought about by preventable diseases (Louise & Blue, 2008). The Canadian Community Health-Nursing Standard of Practice has also developed an outline that explains how nurses should plan community programs, redesign the already available programs, monitor the execution of the planned programs, and examine the impacts of the planned program. The issue of illicit drug abuse in Canada has becom e a common phenomenon across all ages in the society. The Canadian government has as a result instituted various measures to address the menace. However, the government plans are yet to yield the required benefits. Due to increased level of aboriginal drug users among middle aged people in Canada, the community health programs intends to address the issues of prostitution, high HIV/AIDS prevalence, and substance abuse among young women (Black et. al., 2010). In addition, such health programs aim at highlighting burglary, sabotage, and health related effects, as well as, other regrettable consequences faced by the affected individuals. The department of health in Canada has observed a high risks associated with illicit drug use among the aboriginal homeless women. Increased number of prostitute’s reportedly missing; increased police cases and complaints on aboriginal women are some of the indicators of overuse of illicit drugs among aboriginal women (Louise & Blue, 2008). More over, several aboriginal women have been observed to be in a state of ill health with most of them being infected with HIV. The purpose of this study is to provide students with the ability to develop a program for health promotion. The program is also focused on the most effective means of dealing with illicit drug use among aboriginal homeless women aged 14-30 living in Downtown Eastside of Vancouver, Canada. The specific objectives of the program planning, implementation, and evaluation include ensuring increased immunization against contagious diseases among school going girls, awareness creation on illicit drug use and educating the young women on the risks associated with substance abuse for instance contraction of the HIV virus. The study also intends to promote public health standards by involving the homeless women in community activities. The health promotion program is also aimed at ensuring decreased rates of prostitution by empowering the society on the risks associated with it (Hitchcock, Schubert & Thomas, 2003). The study also intends to evaluate on the number of school going girls who indulge in prostitution and illicit drug use among the aboriginal women. The program planning, implementation and evaluation will provide the timeline, outcomes, resources and constraints, as well as, how will be implemented and evaluated (Louise & Blue,