Application of Criminological Theory Essay

This paper will focus on the application of criminological theory in the following scenario: As the vice principal in charge of discipline at a prestigious school, I need to determine what actions to take in dealing with a deviant eighth grade male student. This student comes from a disadvantaged socioeconomic background and has now been caught in a physical altercation with another student. My direct supervisor, the principal, believes it is in the student’s best interest to remain at our school. As I am in charge of discipline, I will suggest several possible courses of action, incorporating criminological theories, to be used either singly or in tandem. The first course of action would be to speak to both of the students involved in the altercation and in turn, their parents. Although it is not an excuse, it is possible that there was some instigation preceding the altercation. Speaking with both students may paint a picture as to the nature of what transpired and how it could have been avoided. In any case, both students will be reprimanded as we have a zero tolerance policy for such acts here at the school. To properly understand the deviant student, let’s call him David, it will be necessary to find out more about his background, social and family ties, peer influences, general demeanor, and any goals or hopes he has. I cannot simply classify David as a juvenile delinquent or a future criminal. To label him may do more harm than good. Labeling Theory The labeling theory asserts that once an individual has deviated from the social norms of society, they are labeled as a delinquent or a criminal, and begin to behave as such (Encyclopedia Britannica, 2011). In other words, if David is continuously labeled by the school, his peers, and society in general as a juvenile delinquent then he will begin to believe it himself. His self-esteem and self-worth will go down and he will begin viewing himself as a juvenile delinquent. Once David has accepted his label, he will begin to engage in more and more deviant acts. So it is important here that I am sensitive to his situation and avoid putting a label on him for one discretionary act. Social Disorganization Theory We know that David comes from a disadvantaged socioeconomic background. It is likely that he lives in an environment where social ties are poor and delinquent peer groups are abundant. Such communities have a higher crime rate and a higher rate of delinquency, as explained by their weak social bonds. Socially organized and tight-knit communities are more likely to supervise and control teenage peer groups where socially disorganized communities are not (McCord, 1992). External factors such as lack of supervision and a weak social bond may be contributing to David’s delinquency. Unfortunately, the school can do little in the way of helping him and his family out of their community. However, creating a social bond of sorts here at the school may help David move from a perhaps delinquent peer group to one more conscientious of social norms and societal laws. I would suggest trying to get David involved in a sport or another social club at the school. Again, finding out what he is interested in is an important part of helping him. We want David to feel socially accepted and increase his self-esteem. Learning Theories Learning theories suggest that antisocial, deviant, and criminal behavior is not instilled in an individual, but learned through interactions with their environment and peers. Because of their individual circumstances, some people learn and practice behaviors that the larger society condemns. Not surprisingly, children growing up in neighborhoods rife with crime often end up committing crime themselves† (Barkan, 2009). It is essential that David associate with peers that follow and respect societies rules. The theory of differential association attributes an individual’s attitudes and views of crime and deviance to that of their immediate social groups. In other words, if David’s peer group is deviant, he will be deviant as well. Another explanation for that follows the theory of differential identification; David may feel the need to â€Å"fit in† and be accepted as a member of a group. By acting like the group he has chosen to fit in to; dressing like they do, speaking the way they speak, and engaging in the same deviant activities they engage in, he gains their approval and is accepted as part of the group. In the same manner, David is learning deviant behavior because he is exposed to it on a regular basis. He may see violence and deviance as a social norm (and therefore acceptable) because in his immediate environment it is a normal occurrence. Finally, through differential reinforcement, this learned behavior is reinforced through reward or praise from his peer group. Perhaps he see’s frequent violence in which the person committing the violence is never reprimanded. If David believes he can commit these acts with little fear of reprimand or with the encouragement of his peer group, he is more likely to do so and not even feel like he has done anything wrong. School is a place with many rules and many types of interactions with different people. Clearly what is acceptable in David’s home environment and peer group is not acceptable here. It is important that he understand what is right and wrong in this setting and furthermore, in society. I will likely suggest that David speak with the school’s psychologist to determine how much learned deviant behavior he has experienced. This will also give him an opportunity to bond with someone who respects social norms and laws. Control Theories Unlike other criminological theories, control theories set out to learn not why individuals commit crime, but why they do not commit crime (Akers & Sellers, 2004). David’s meeting with the school psychologist will also shed some light on where he measures using some of the control theories. The containment theory introduces the possibility that there are internal and external influences that guide an individual away from committing crime. Internally, that individual’s positive self-image and tolerance for frustration help sway them from becoming deviant. On the other side, external influences like positive role models and a close family bond will do the same (Barkan, 2009). Travis Hirshi’s social bonding theory had several explanations for the behavior of juveniles. These explanations included supported research that found that â€Å"youth’s who were strongly attached to their parents were less likely to commit criminal acts† and â€Å"youths who maintained weak and distant relationships with people tended toward delinquency† (Evans, n. d. ) One final addition to control theories, although there are several more, is the coercive control and social support theory. This theory, in short, states that an individual is coerced into crime either through fear or through other means, such as poverty. Whether that individual has strong social support from family, their community, and social institutions such as school, has a large impact on the likelihood that the individual with commit crime. While each of these control theories introduce several ideas about why individual’s may or may not commit crime, one similarity is present throughout. The presence of a strong social bond with friends, family, and community encourages a crime free existence. To encourage David to head down the right path, so to speak, we need to fortify his social bonds. Life-Course Theories Life-course theories focus on what factors occur during different stages of one’s life that may promote delinquency or crime. These factors include: socioeconomic status, poor and inconsistent parenting, weak social bonds, poor school performance, and delinquent peers. (Barkan, 2009). The recurring theme across the life-course theories is that it is weak social bonds, poor parenting, and the influence of delinquent peers that determine an individual’s susceptibility to deviant behavior. Strain, or stress, result from an individual’s perceived inadequacies making them even more susceptible. Such strain can be caused by any number of the causal factors of delinquency listed above. A young and impressionable individual such as David may experience strain because of his socioeconomic status, his difficulty at the school, or many other reasons. The more strain one experiences, the more likely they are to display deviant behavior. Conclusion I fully support the principal’s decision to keep David at the school as it truly is in his best interest. My final disciplinary decision regarding the physical altercation between David and the other student will include several days of in-school suspension where both boys will be able to serve out their punishment while still completing school assignments, separated from the rest of the students of course. I am compelled to reach out to David and give him every opportunity to reform. I will be speaking with the teacher who made the initial complaint regarding David to explain to them that he is in need of a positive role model and positive reinforcement. A visit with the school’s psychologist will also be made. Not only will this give David an outlet to perhaps discuss his problems, it will also expose him to another positive influence and someone who can help him cope with any anger issues he may have. Introducing David to positive and close social bonds is already decreasing the chance that he will engage in more deviant behavior. Suggestions will be made that he engage in a sport or other social clubs at the school. This will encourage David to interact with a less deviant peer group. There will also be a meeting between David and myself. I will explain to David that his current behaviors are unacceptable here at school and any further infractions will be dealt with swift and more severe punishments. Once that has been discussed, I would like to find out more about what goals David has. In doing so, I can help motivate him to obtain these goals. My intention is to make it clear to him that I am there to help with any issues he has and that he can feel comfortable coming to me, or any other school staff, if he needs to. In closing, the main goal here is to help David by introducing positive role models, making him feel socially accepted to increase his self-esteem, strengthen his social bonds, and encourage him to interact with people in a more positive way. If nowhere else, a school should foster these values to reduce a child’s likelihood of delinquency. ? References Akers, R. , & Sellers, C. (2004). Student Study Guide for Criminological Theories: Introduction, Evaluation, and Application (4th ed. ). Los Angeles, CA: Roxbury Publishing Company.

The Door

A positive outcome takes initiative. In his poem, ‘The Door’, Miroslav Holub commends us to initiate change by symbolically opening the door. Recognising the importance of change Holub repeats his command several times in the poem, ‘Go and open the door’. To inspire us to accept change he lists possibilities you can find on the other side of the door. Magic city is purely imagination. Holub is persisting us to be in a positive mental state once we initiate change. In his poem, ‘The Door’, Miroslav Holub encourages you to seek and welcome any kind of change in your life.By initiating change, you encounter different obstacles and even if it is just small Holub believes it will still enhance your life. Even if it is barely anything such as ‘hollow wind’, the intention of making a change will make a difference. No matter what, Miroslav Holub motivates us to take the chance. There will possibly be a ‘The Door’ gives you assu rance that beyond the obstacle you face there will be better outcomes as long as you allow yourself to progress and think positively. ‘If there is a fog, It will clear up. ’Once the fog clears up Miroslav Holub inspires us by listing possibilities that may be waiting for on the other side of the door. ‘a tree, or a wood, A garden, Or a magic city’ A magic city is imaginative. Holub motivates us to ‘Go open the door’. He commands us to ‘Go open the door’ because he believes the change in our life will benefit us. Even if there is just ‘hollow wind’, it will still benefit us. He reassures us that the ‘fog will clear up’ and the ‘darkness will tick by’ and positive change will be be waiting on the other side of the door for you, as long as you allow yourself to open the door.

A & P: A Study of Society’s Norms

â€Å"I felt how hard the world was going to be for me hereafter,† Sammy mutters at the end of John Updike’s short story, â€Å"A & P.†On the surface, Sammy is talking about the problems he will experience after telling his boss that he has quitted his job, but he is really referring to the beginning of his responsibility to defend people being judged for their appearances, and to stand up to authority when the rules limit people’s freedom and creativity.   He understands the difficulty of the mission he has given himself.The episode that changes Sammy’s life happens one day in an A & P supermarket.   As a nineteen year old who mans one of the check-out registers at the supermarket, he observes three girls enter wearing only their bathing suits.This completely distracts him so that he cannot even remember if he has â€Å"rang up† the â€Å"Hiho crackers† (Updike) for one of the customers.   On the other hand, he can remember the details of the three girls’ appearances. He thinks less generously of the customer who bought the Hiho crackers, referring to her as someone who if â€Å"born at the right time they would have burned her over in Salem† (Updike).â€Å"You could see them, when Queenie's white shoulders dawned on them, kind of jerk, or hop, or hiccup, but their eyes snapped back to their own baskets and on they pushed. I bet you could set off dynamite in an A & P and the people would by and large keep reaching and checking oatmeal off their lists and muttering â€Å"Let me see, there was a third thing, began with A, asparagus, no, ah, yes, applesauce!† or whatever it is they do mutter. But there was no doubt, this jiggled them.A few house-slaves in pin curlers even looked around after pushing their carts past to make sure what they had seen was correct† (Updike).The above paragraph is the best portrayal of the girls’ effect on the supermarket’s patrons.   â⠂¬Å"Queenie,† as Sammy calls the prettiest of the three girls, has the most effect.   Comparing the arrival of the girls to an explosion signifies the impact, and also the rarity of girls, or anyone for that matter, ever coming into the supermarket in their swimsuits.   Most people follow the dress code implemented in the supermarket, or any other public place besides the beach.   The short story of one seemingly mundane occurrence at a supermarket speaks volumes about judging appearances.The girls are in the supermarket to buy â€Å"a jar of herring snacks† for â€Å"Queenie’s† mother and not to make any trouble, but the fact that they are wearing swimsuits have earned them a reprimand from the manager, Lengel.   Lengel who also â€Å"teaches Sunday school† and is â€Å"pretty dreary† according to Sammy, represents the people in society who make and follow rules and expect others to do the same.   He rigidly implements the rules in the A & P he is managing to the point that after reprimanding the girls, he reminds Sammy about ringing up the girls’ purchase.   Every rule must be followed to the letter for people like Lengel (Updike).However, even before Lengel’s appearance in the short story, Sammy already observes the glances that the sheep, which is his term for the customers, give the girls.   The girls being in their swimwear has given the customers quite a shock.   Even Sammy and his married co-worker, Stokesie, have become very engrossed in watching the girls.   They may not condemn the girls like Lengel and the customers but their reaction also limits the free spirited choice of the girls to wear bathing suits to the supermarket.   Their behavior suggests that the act is clearly something that is out of the norm.Defending the girls has made Sammy a hero, but he must make it a crusade to continue the difficult task of making the more conservative people of society understand the v alue of â€Å"live and let live.†Ã‚   Being sidetracked from such a mission and bowing down to rules that he does not believe in will reduce his defense of the girls as an act of a boy with a crush and not an act of pure honor.Works CitedUpdike, John. â€Å"A & P.† 8 November 2007 .   

Intl management Assignment Example | Topics and Well Written Essays - 1000 words

Intl management - Assignment Example This leads to a cultural diversity within the company, which requires proper organizational management as well as cultural accommodation among all stakeholders. As a manager who has great knowledge about diversity of cultures as well as cross-cultural integration, I am able to bring all these diverse cultures together in order to achieve a cultural integration within the organization that leads to proper productivity. Furthermore, my skills in cross-cultural management will also enable me to influence other employees within the company to accommodate cultural differences of their fellow employees. This would lead to a religious and cultural accommodation of all members of staff whereby no one would look down upon the cultural background of others, or despise their religion. In fact, this would closely integrate the company in such a way that there would be no conflicts arising from ill opinion of workers expressed against the cultures or religious backgrounds of their fellow workers, or based on any other feature. As such, this would lead to increased cooperation and enhanced productivity within the company, hence profitability maximization. ... b.  What impact do you want to have? On whom?    I want to influence the entire company as a whole by enabling all members of the organization to be able to accommodate all people from different cultural backgrounds and settings. For instance, I want all employees to integrate properly with one another despite their different backgrounds and incorporate the virtues from their select groups in order to create a formidable production team at the company. c.  Whom do you want to know you benefited? In what ways? Apart from the general success that the organization will record as a whole due to the integration of different cultures, I would particularly want to influence the management team. This is because the management or leadership of a given company is what determines whether a company stays united as one or splits down into two or more pieces basing on cultural differences and other factors. As such, being part of the management team, I would use my position to work at integr ating different cultures within the organization and prove to the executive team that all cultures have the same output. d.  What do you want to learn? I want to learn how to mix different cultures and still have the same people without facing cultural discriminations, or breakages along any differential lines. This is because all persons carry the same equality despite their backgrounds or cultural affiliations. e.  How do you define your impact as a/n: employee, leader, manager, executive, etc.? As an executive, I define my influence in the company as monumental since cultural differences sometimes bring about serious conflicts and destruction of property and lives. For instance, in

Current Event Review 2 Article Example | Topics and Well Written Essays - 250 words

Current Event Review 2 - Article Example In my opinion, the fears of parents are valid to a good extent because a large number of children throughout the world are using social networks, and consequently, revealing a great deal of personal information on these websites as well. Most of these children are not conscious of the intricate online privacy settings which are designed in a way to gain as much personal information as possible. Besides, I believe the uneasiness of the parents associated with advertising is justifiable too, as advertisers on social networks often use personal information of the individuals to market products which are close to their liking. These tactics employed by the social networks breach the fundamental concepts of Business Ethics, in terms of use of information, security and advertising. However, the negative impact of such measures is also being felt by the businesses themselves as their reputation faces a serious challenge from not only parents but also groups like Common Sense Media, which ar e launching campaigns for legislation in this regard. The article explains an important issue which is of significance and concern for parents as well as business groups. Proper legislations and measures should be taken for the protection of privacy of people as well as for maintaining the policies of business ethics for maintaining the integrity and credibility of businesses. Ingram, M. (2010, October 10). â€Å"Parents Say Social Networks Dont Protect Childrens Privacy.† Bloomberg Businessweek. Retrieved from:

Johannas Kepler Essay Example | Topics and Well Written Essays - 1250 words

Johannas Kepler - Essay Example Kepler's epistemology was profoundly concerned with astronomical practice, with methodological issues, and with the results of their application to the serious problems of late-renaissance astronomy. Kepler not only was able to ask questions in a way that no one had before asked, but he was able to provide answers to those questions that even now are worthy of continued study. From this perspective, Kepler was less the last great cosmologist of the classical tradition that includes Ptolemy and Copernicus; more was he the first cosmologist of the modern tradition. In the middle of the sixteenth century, fourteen centuries after the death of Ptolemy (c. A.D. 100-170), his Almagest still dominated all of astronomy. With the renaissance of interest in the works of the ancients, the relevance of the Ptolemy's great work had not only not diminished, but was on the increase (van Helden, 42). But by the end of the sixteenth century and the beginning of the seventeenth the Ptolemaic system was facing serious challenges. The subsequent revolutionary transformation from the geocentric to the heliocentric worldview has been almost universally attributed to the works of Nicholas Copernicus (1473-1543). Copernican astronomy is best known for the radical proposition that the Earth is in motion about the Sun rather than vice versa. Copernican heliocentrism emerged from a profound dissatisfaction with the fundamental principles upon which Ptolemy had based his system of the heavens. In particular, the Ptolemaic assumption of the punctum equans Copernicus vie wed as contrary to the admissible explanations for the true motions of the planets. The punctum equans, or equant point, is an eccentric point about which the planet is supposed to subtend a uniform angular speed. Historically, published in 1956, Johannes Kepler's first and evidently most influencial astronomical work Mysterium Cosmographicum was the first major treatise after Copernicus' De revolutionibus to argue for heliocentrism (Gingerich, 347). Although Kepler has been defending the theory of Copernicus from the very beginning, with Mysterium Cosmographicum scientist provided a new kind of theory of the planets. His theory of the planets has been classified as new because it was the product of the first explicit and thorough attempt to consistently unify the epistemological structures of the hitherto divergent sciences of astronomy and physics (Koyre, 119). Kepler's objective in Mysterium Cosmographicum was nothing less than the development of a theory of the absolute structur e of the world system. Kepler was certainly not the first to attempt to provide a general cosmographic account of the planets, that is, an account that seeks to explain the proportions of the universe as a whole. Both Ptolemy's and Copernicus' respective theories each maintain not only an ordering of the planetary orbs, but contain estimates of the ratios of their dimensions. But in the theory of Ptolemy these estimates are empirically underdetermined because of the independence of each planetary hypothesis, and in the theory of Copernicus, the estimates are strictly a posteriori consequences of the heliocentric hypothesis and, because of their reliance on Ptolemaic observations and mathematical constructions, no better corroborated

Social Media Project Assignment Example | Topics and Well Written Essays - 1250 words

Social Media Project - Assignment Example The topics circled to address customer trust issues are wide ranging from the employees, product launch and customer service. However, the core problem identified is the customer care and after sales services as highlighted by the selected posts below. The negative perception by customers makes one wonder why Wal-Mart is still the largest retail chain in the world. A key profit determinant would be improvement in the public relationship area for it would multiply their current earnings based on the obviously large number of dissatisfied customers which must be the fraction enjoyed by its competitors. No. Date Feedback 1 12th 04/2012 Webersouza Flamengo: Always admired Wal-Mart till it came to Brazil and got hired. Disappointed because it segregates customers and employees according to its own preference. He was fired. 2 11th 04/2012 Kimberly Smith Higashi: Wal-Mart had a grand opening in San Jose L.A and totally forgot it’s all about customers who were neglected and felt disap pointed for attention was reserved to Wal-Mart executives and Employees. 3 11th 04/2012 Sandy H. Parker: Disappointed by Wal-Mart Online order services because her order was delayed and moved to a later delivery date and the customer care did not have courtesy to inform her. 4 10th 04/2012 Ben R. Dazzle: He claims Wal-Mart is the worst thing to ever happen in USA because it uses child labor from immigrants as well as chokes down small family retail businesses. 5 9th 04/2012 The worst store to buy a computer: Wal-Mart only cares before it gets your money then changes. Their goods do not reflect the warranties thus when defective, consumers end up suffering. Wal-Mart does not investigate the sources of its products. The above 5 posts represent a summary of 30 posts evaluated from the start of March this year to the current day. The main issues of concern can be diagrammatically represented in a pie chart as follows. The leading was dissatisfied customers from poor after sales services which included purchase of faulty products that were not accepted back in exchange by warranties and guarantees. The employees were not effective in advising the customers on how to service and maintain some of the purchased products. No one really cared after money was exchanged for a product reason being they had many more people to serve. Poor customer care was also an issue especially with regards to low effectiveness and efficiency in the customer service department. Delays and inconveniences highlighted this segment, many a times causing embarrassment to the customers. Majority vowed never to come back in these incidences. Misplaced marketing vision is best defined at new outlet launches where the attention seemed to be given to the executives and staff members thus making consumers feeling unwanted. The store also pays more attention in marketing themselves rather than what they offer to the consumers. Adverts should show a substantial content of what brings people into the stores; the products and services, rather than magnificent buildings and smiling employees. Weak employment policies refers to the child labor issues with focus on foreigners, low pay packages to employees, poor working conditions which make employees tired and thus impacting on customer interactions in a negative way. It is evident from the site that Wal-Mart has done little to explore social media options as well as collect electronic

Answer the questions Movie Review Example | Topics and Well Written Essays - 500 words

Answer the questions - Movie Review Example In Waking Life, the movie is about an individual who has founds numerous avenues through the dreams of individuals. The principal actor easily walks through the dreams of people to assess their thoughts. The movie tries to seek to find out answers where other individuals are not seeking for answers. An interesting film that has entertaining animated characters that spend time discussing theories and ideas. The main actor is concerned with determining the difference between dreams. The subconscious mind is a powerful tool in the head of many individuals. Most people believe that the mind is the place where most different things happen. It is in the mind that most individuals experience intuitions. In addition to, it is in the mind that people exist beyond their physical bodies. Cobb has a strong connection with his dreams and his subconscious mind. The dreams in the movie inception indicate the alertness of the most of the actors in the movie. The subconscious mind of Cobb comes from his subconscious mind. The brain is a powerful tool that can interpret information. The information the brain uses it gets to make sense of various sources. Thieves in the movie are aware of the actions of that are happening. In the movie Inception, there is some reality shown by the thieves. 2. Dream architecture and dream logic are profoundly exhibited in the two movies. Dream architecture helps the mind to create myths in the mind of humans. The fallacies are well incorporated into the movies, and they motivate the viewers to want to see more (Som.org). The producers use the fallacies to create a mental picture to the audiences. The use of dream architecture to constructs images in the mind of the viewers. In the world, there are places that are the producer uses illusion to create messages in the mind of the viewers. The brain processes information for the mind to interpret. This factor enables the production of inception and waking life. The

The Chisholm Trail and Its Role In The Cattle Industry Research Paper

The Chisholm Trail and Its Role In The Cattle Industry - Research Paper Example This paper declares that the Chisholm Trail suffered as well. With barbed wire defining the boundaries of ranch lands, the trails were soon feeling cramped . It received a temporary reprieve in 1880 from competition on the western trails that led more directly to Dodge City, when rail service was extended to Caldwell, Kansas, and once again there was a temporary boom. However, it was apparent that the route was declining, and it would soon be silent forever. To the cattle industry, the Chisholm Trail was responsible for more than just driving the steers to market. Towns had been built and grown because of it. It had caused the upswing of meat-packing plants in Chicago and Kansas City, and had even caused rage in Europe when businessmen became irate that their markets were being flooded with American beef. This paper makes a conclusion that by 1885, fenced-in ranching replaced the way of life that had been known on the open range and trails. Though the Chisholm Trail soon grew quiet, and it would never know again the thunderous sound of cattle at its crossings. The Chisholm Trail carries a legacy that has come to symbolize the heyday of the cattle industry and the era of the cowboy, and neither time, nor change, nor the invention of barbed wire can upset the place that it holds in the hearts of those descended from the cowboys, trail bosses, guides, and chuck wagon cooks that once rode along its routes.

Relationship Essay Example | Topics and Well Written Essays - 750 words

Relationship - Essay Example It puts us in a category of our own where we see things from the same eyes, even though we are two separate individuals who have their own respective worldviews (Holt 2005). Even though Austin likes to communicate with me on a consistent level, I have always asked him to meet me more than calling me on the phone because I believe our friendship is on such a level that phone calls could just demean us in someway. Hence it is best that we enjoy each other’s company and this can only happen when we meet regularly. Some important things that govern and essentially define our relationship include the respect that we have for our elders and the love and support to our mutual friends and colleagues. Both of us like to interact with kids, which automatically make us people who like to hang around children quite a lot. Austin and I are known to be extroverts which implies for our comprehension that we like to go out more and more, and thus enjoy the festivities of eating out, partying by the beach as well as a range of other fun-filled activities (Azzarone 2003). We sincerely love the feeling of being close to one another because this is how we view life in its own meticulous way. It also makes us enjoy the world around us together. These important aspects developed with the passage of time as we started knowing each other more and thus we found out that our common traits were very uncommon amongst the people around us. The exceptional two that we were actually made us feel good about our own selves, which strengthened our friendship all the same. Our relationship is more supportive than being defensive at any point in time. This is because we understand each other quite well and it makes our lives easier in contrast to how other best friends live their lives. Our relationship has blossomed with the passage of time and I cannot recall a single instance where we ended up arguing between our selves. I believe this is because both of us respect one another and look up to our unity for the help and assistance that we so may require. Our relationship has thus become a potent force because our trust levels have been tied to who we are and how we view our friendship (White 2002). Some of the specific factors that contribute to the situations which take place on a day to day level comprise of our interaction with the people around us. We both believe in giving our best when it comes to our elders, since we respect them a lot. We always make an effort to help the underprivileged and needy around us, which is something that I and Austin gain satisfaction from. If ever there was a conflict between me and Austin, we would resolve it amicably. This is because both of us believe in keeping away from conflicts and rifts. Fortunately, we have never had a fight as yet which gives us the edge to understand each other better. This is one way to know how much respect I hold for Austin and likewise (Costley 2007). We may have difference of opinions but this has never transpired into conflicts and hence the duration is of no use as far as its mention is concerned. The strategies that we use to resolve conflict would essentially take into perspective listening to one another and giving the other individual the much needed space so that he can think through things and get back. It is an important consideration and both I and Austin are well aware of that. I believe these methods have been quite satisfactory as conflicts are something that can literally mar the basis of any

The Glory that was Euro Disney Essay Example for Free

The Glory that was Euro Disney Essay When youve walked up the Rue la Paix at Paris, Been to the Louvre and the Tuileries, And to Versailles, although to go so far is A thing not quite consistent with your ease, Andbut the mass of objects quite a bar is To my describing what the traveller sees. You who have ever been to Paris, know; And you who have not been to Parisgo! John Ruskin, A Tour Through France Michael Eisner, CEO of Disney Co. once noted, â€Å"As Americans, the word ‘Euro’ is believed to mean glamorous or exciting. For Europeans, it turned out to be a term they associated with business, currency, and commerce. Renaming the park ‘Disneyland Paris’ was a way of identifying it with one of the most romantic and exciting cities in the world† This was maybe the reason why Walt Disney Company, a company renowned for its animated character, good films and theme parks, chose Paris for its second business venture outside the United States. In the 1980s, Eisner was able to export Walt Disney Company to Tokyo, and it was a huge success. Eisner wanted to make his Paris venture as successful as Tokyo Disneyland, however, the venture turned out to be a failure earning more debts for the company than actual profits. What has gone wrong? What were the actors which had lead to the failure of Euro Disney? These are questions which make good learning questions for management students. This paper aims to answer the following questions:: 1. Why did Disney choose Paris over the other sites in Europe that it was evaluating? 2. What were the external environmental factors that contributed to Euro-Disney’s failure in the early 1990’s and why? 3. What were the internal factors that contributed to Euro-Disney’s failure and why? The Beauty of Paris In order for us to know why Paris was the place chosen by Walt Disney for its business venture, let us first do a little background of this popular destination in the world. Paris, the capital city of France, is one of the most populated metropolitan areas in Europe (Stefan Helders, World Gazetteer). It is one of the worlds leading business and cultural centers today; in fact, Paris \is Europes biggest city economy, and is fifth in the Worlds list of cities by GDP. It is also now known as one of the most popular tourist destinations. Paris has been a symbol for classical Romance. However, in addition to its rich cultural heritage, Paris is also a magnet for corporate France, which is composed of innovative business companies, a motivated and skilled workforce and the political will to make business happen. According to the PARIS DEVELOPPEMENT, a project of the City of Paris and the Paris Chamber of Commerce and Industry, there are seven unique value propositions which makes it the right place to do business in, which are as follows, †¢ Paris is one of the richest urban centers in the world, equivalent to 5% of the total EU GDP. †¢ It is located at the heart of the Ile de France which ties with London for first place as a city to do business in, benefiting from market proximity, excellent infrastructure, qualified labor and security. †¢ Paris provides the nexus for several vibrant Trade Clusters – notably in the fields of design, digital and health. †¢ It is a centre for innovative companies, backed by a strong tradition and range of RD facilities. †¢ Paris is a major decision-making centre, and it serves as a host to the headquarters of international organisations (European Space Agency, OECD, UNESCO†¦), and trans-national corporations. †¢ Paris is the world capital for trade fairs, conferences and exhibitions. †¢ Paris is a beneficiary of an active local government that understands the needs of business and is putting resources to work in favor of creating, encouraging and promoting business. (Paris Developpement, 2006) Many business analysts have tried to explain the real motive in the expansion of Walt Disney Company abroad. It is believed that some of the reasons are cost cutting, in the form of cheap building material or labor. Cost cutting further leads to an increase in revenue and to better functioning with tax and labor laws. H This further leads to a success in market expansion. This was probably the reasons why Walt Disney Company chose Paris, France as the site of Euro Disneyland. The first theme park outside US in Tokyo, Japan was a huge success. Scimone in 1981 believed that the Walt Disney Executives believed they learned so much about operating a theme park in anther country, so they looked at Europe as the site of a forth park. This was because they have observed that Disney films have done better in Europe than in the United States. They believed that the public’s fascination wit Disney films could contribute to a future success of a Walt Disney Theme park in this area. Initially, there were two choices: Costa del Sol in Spain and Paris in France. Finally, the business executives of Walt Disney chose Paris because of ots larger population and its spectacular transportation network (Scimone, 1989). Paris also has a similar cold weather climate and latitude with Tokyo. Thus Paris was selected. The site for Euro Disneyland is Marne-la-Vallee, a large parcel of land, once used for agriculture. This place is an ideal geographic location, in the sense that it is located halfway between the two international airports of Orly and Roissy-Charles-de-Gaulle. The mode of transportation which connects Marne-la-Vallee with the Paris metropolis is the French railway regional express, making it an accessible area. External environmental factors There were a lot of issues which had confronted Disney Euro from the start. The idea of an American company running a French staff was a subject of debate and controversy. Critics have found it as a form of cultural imperialism or neoprovincialism. There were a lot of protest groups opposing the presence of Euro Disney in Paris. In June 1992, French framers had marched to Euro Disney in protest to American farm policies. All around, Euro Disney was met with criticism and protest. A journalist in the French newspaper Le Figaro wrote, â€Å"I wish with all my heart that the rebels would set fire to Disneyland. Ariane Mnouchkine, a Parisian stage director, named the concept a â€Å"cultural Chernobyl†; which later on became a phrase synonymous with Euro Disney, in its starting years. Another target of criticism and controversy is the fact that American executives demanded English to be spoken at all meetings. Euro Disneys management has also made a set of rules for its staff, which involved the use of make up, facial hair, tattoos and jewelry for personal appearance enhancement. This was much for the traditional Frenchmen to bear. As a result, French labour unions began to stage more protests on the streets, attacking the said appearance code, which appeared to them as â€Å"an attack on individual liberty. † Indeed, this issues revolved around the fact that French culture was way too far different from American culture. Some protest parties have labeled Disney as being insensitive to French culture, individualism, and privacy. The French Law focused more on individual or collective liberties, more than the American law. It told the French citizens to exercise their rights whenever necessary. In response to these reactions, Disney emphasized the fact that these efforts are for the good image and long term success of the park. Thor Degelmann, Euro Disney’s personal Director had remarked, â€Å"For us, the appearance code has a great effect from a product identification standpoint†¦without it we couldn’t be presenting the Disney product that people would be expecting. † The Walt Disney Company had been known for the implementation of their strict rules and risk management requirements. This may be unacceptable to the Frenchmen, who wanted to preserve their rich cultural heritage and establish their own individuality. Furthermore, Americans found it hard to deal wit the legal framework derived from the Napoleonic code. Shapiro in 1989 has illustrated a good example of the blending of two different systems, in the form of the difference in insurance laws in France and the United States. The French law requires an insurance policy that covers property damage and third-party claims stemming from construction-related defects. Walt Disney Company would have preferred to purchase a three-year contract as would be allowed by American standards, but could not since they were developing in another country. Instead, the Walt Disney Company had to abide by French Laws. All of these problems are what a typical foreign company experiences when doing business abroad. Indeed, a great deal pf time, patience, understanding, education and willingness to accept and compromise are necessary in this process. An example of the clashing culture between the Americans and the French is the issue of banning alcohol in its theme parks. The French met this with protest, as their tradition is to give a glass of wine to a guest during mealtimes. After much consideration, in May 1993, the Walt Disney Company changed its policy and allowed wine and beer in the Euro Disneyland theme park. American executives of the Walt Disney Company did not also understand the European breakfast norms. Disney executives, thinking that Europeans do not eat sit-down breakfasts, have reduced the number of restaurants serving breakfasts. This resulted to a cramped restaurant space jam packed with breakfast eaters who wanted bacon and eggs, a behavior that the Americans failed to realize before.

Importance of a Warm Up Essay Example for Free

Importance of a Warm Up Essay A warm up helps to prepare the body for the physical exertion to come. It gently raises your pulse rate and therefore, your cardiac output increases and also your rate of ventilation. Your vasomotor centre makes sure that more blood is being distributed to the working muscles. This combined affect is to increase the amount of oxygen that is delivered to the muscle cells. This helps to reduce the oxygen deficit when you start carrying out the actual activity. A Warm up is very important as it helps to reduce the possible chances of injury. It raises your body temperature in your muscles as there is an increase in the blood flow which raises your body temperature in your muscles, making them more responsive. The elasticity of muscle tissue is increased and more oxygen can be carried to the working muscles. This will help to prepare the body for the activity to come. Throughout a warm up routine, it consists of stretching exercises and this increases your flexibility and so directly reduces the risk of injury. The reason for this is that; a muscle or tendon group with a greater range of motion will be less likely to experience tears when used actively. Stretching also helps to improve recovery and may enhance the participants performance. Additionally, increased flexibility of the neck, shoulders and upper back may improve respiratory function. The nervous system becomes stimulated which makes sure you more alert and aware and therefore it gets you psychologically prepared. This will help to increase your levels of motivation and determination to carry out your dance sessions. The benefit of a warm up is that the muscles torn most frequently from the neglect of a warm up are the antagonists (such as the hamstrings- Semimembranosus, Semitendinosus, biceps femoris) to the strong contracting muscles (such as the Quadriceps- Vastus medialis, Vastus lateralis, Vastus intermedius, rectus femoris). Cold antagonistic muscles relax slowly when the agonists contract, therefore free movement and accurate co-ordination is retarded. At the same time, the force of the contraction of the agonists and the momentum of the moving part exert a great strain on the unyielding antagonists. Without a warm up, this may lead to the tearing of the muscle fibers or the tendons. Stretching exercises I will stretch, moving a joint to just beyond its point of resistance. Flexibility is limited by the joint itself, ligaments and tendons acting upon it. I cannot change the bony structures or the type of joint, but I can stretch the soft tissue surrounding the joint. Neck (Sternocleidomastoid and scalenes) * Turn head to the left, then to the right. * Look up and then down. * 5 Neck rolls to the right and then 5 neck rolls to the left. * Shoulders, back and arms * I will Circle arms 10 times forward, 10 times backward and then rotate arms alternating. This will mobilise my shoulder joint. * I will Stretch my Trapezius by pulling one arm that is kept straight across the chest with your other arm supporting it in its position. This is a horizontal flexion movement. * I will stretch my triceps brachii by flexing my elbow and placing my hand behind my head on by back and my other hand puts pressure on the flexed elbow joint. Wrists and fingers * I will rotate my wrist joints, clap my hands together rapidly and then bend and mobilise my fingers. Hips * I will mobilise my hip joint by placing my hands on my hips and doing 5 hip rotations to the left and then 5 to right. Rotate my hips by raising my leg (with a bent knee so it is at 90 degrees to my body) then I will turn my leg outwards to the side of my body. Spine * I will stretch my vertebral column by crouching down onto my knees and placing my hands on the floor reaching as far as I can. Legs * I will Stretch the Vastus Lateralis, Vastus Intermedials, Vastus Medialis and Rectus Femoris by pulling the ankle with your hand on the same side of the body keeping the knees together while maintaining the correct spine alignment. My hips should be square (I will make sure they do not twist.) If I find it difficult to keep my balance I will hold onto my ear with my other hand and focus. * I will stretch the Semitendinosus, Biceps Femoris and Semi Membranosus by placing one foot in front of the other; bend your back knee while keeping my front leg straight. Raise the hips and lean your body slightly over. After holding this stretch for 10-15 seconds, I will slowly raise the toes of my front foot so that they point towards the ceiling (I will keep my heel firmly on the ground.) Doing this will produce a full stretch down the back of the leg, i.e. Semitendinosus, Biceps Femoris, Semi Membranosus and Gastrocnemius. * I will move my legs apart (wide stance), I will then bend forwards with my hands flat to floor. * Right foot behind left at 90 degrees right leg flexed, left leg straight, bend forward to left foot. Left foot behind left at 90 degrees left leg flexed, right leg straight, bend forward to right foot. * To stretch the Adductors Longus, Brevis and Magnus both feet will be flat on the floor and facing forward. I will lean over to one side keeping the other leg straight, bend the knee at the side you are leaning over to increase the intensity of the stretch. * To stretch my Gastrocnemius I will put one foot in front of the other and bend youre your front knee. The back leg will be kept straight and the rear heel will be kept firmly on the floor throughout the stretch. This stretch is often carried out against a wall. The Gastrocnemius is stretched by flexing your elbows and moving your body weight forward. Stretch forward until you feel a gentle pull in the lower leg. * To stretch the Soleus, the front knee is bent and is pushed towards the ground, while staying over and just in front of the foot. A gentle pull should be felt in the lower one third of the leg. The knee can then be directed medially and laterally to stretch different areas. Ankles * To mobilise my ankle joint I will move the sole of the foot inwards (inversion) and then turn it outwards (eversion). * I will then move the foot downwards (away from the tibia) which is known as plantar flexion and then I will move it upwards (towards the tibia) and this is known as dorsi flexion. This mobilises the Tibialis Anterior, Gastrocnemius and Soleus.

Design And Build Procurement

Design And Build Procurement In this chapter, the definitions of Design and Build procurement including its concept and characteristics will be revealed. The success factors of using Design and Build procurement and the major task of developing the projects scope of work will be covered in great detail in this chapter. The definitive performance criteria of a project specifically in major aspects of time, cost and quality will deeply explained. The chapter then moves forward to the affect of features of Design and Build on roles and responsibilities of the contractor within the process. The explanation on ways of the contractor proposes to achieve them. This chapter then also describes the implementation of Design and Build in Malaysia accordingly to its history performance and problems that have been occurred in Malaysia by using Design and Build procurement. 2.1 INTRODUCTION OF DESIGN AND BUILD PROCUREMENT It is clear that there are many different variables to take into account when selecting the procurement method for our project. It is quite difficult due to each procurement methods differ from each other in unique ways. The key on making decisions on choosing the right procurement method is that each differs from the other on its own basis. Thus, it takes a few key questions to help decide which one should be use. The flow chart below shows the key questions and decisions on which procurement method should be used. The process of building procurement involves a series of different specialists in contributing to the construction work at different times. Design and build procurement has been in use for a very long time for more than a decade in the twentieth century. It has become more widespread across United State as well as around the world and had found in many industries. From a survey of trends in methods of procurement that were carried out by RICS from Davis Langdon and Everest revealed that in 1984, 5.06% of construction projects were procured on a Design and Build basis. Added that by 1991, this had risen to 14.78% .Revealing proudly by the Contract Journal July 1994, that the Design and Build turnover of the United Kingdoms top 70 Design and Build contractors increased by 15% during the period 1992 to 1993. The growth in the use of Design and Build recently as a procurement route is seen as being such radical change that could allow the industry to develop cost radical change that allo w the industry to develop cost models that automatically can reflect the construction rather than design processes. It seems as the most logical way to procure a building and thus given a clean slate to start with. However, many design professionals and owners had feared that this would result in the minimization or even destruction of the designers responsibility. This procurement is said to be able to furnish a design that maximizes quality within the projects budgetary constraints. Numerous successfully completed Design and Build projects range from housing, through industrial and commercial projects, to major complexes. It proves that this procurement method has very wide applicability. Frequently, the Design and Build contractor would be asked to contract with the clients designers, so that there is some continuity of the design effort, but the remaining design work is the contractors responsibility. This involves formally transferring the designers contracts from the client to the builder which is called novation. 2.1.1 DEFINITIONS OF DESIGN AND BUILD PROCUREMENT Design and build procurement is a procurement where it combine the design and construction process under a single entity. Design and Build terms are taken from its strategy itself where it would entail the contractor to carry out the work; the design work as well as the construction and also the completion of the work. As according to Turner (1990) and Jansen (1991) has supported that design and build contractor is supplying the procurement option of buying a finished building. While according to Masterman (1992) the term Design and Build has almost been unanimously interpreted and defined as being an arrangement where one contracting organization takes sole responsibility, normally on a lump sum fixed price basis, for the bespoke design and construction of a clients project. he then elaborate that this contains three elements; the responsibility for design and construction, contractors reimbursement is generally by means of a fixed price lump sum and the project is designed and built specifically to meet the clients need. Furthermore, as according to David Cappell (1997), Design and Build place responsibility for both design and erection in the hands of the contractor one point of responsibility for everything. However, theres an existence of one common thread that all Design Build delivery systems share which would be a single point of responsibilities for both design and construction. In other definition, Design and Build can be said as arrangement where one organization design and construct to the firm orders of the client for a single financial transaction. In general, the definition of Design and Build can be summarized as providing a single point responsibility for the whole design and construction. Below is a chart to differentiate between Design and Build procurement with traditional procurement. (a) (b) Figure 2.2: (a) Single point responsibility Design and Build Procurement (b) Fragmented responsibility Traditional Procurement (Source: Bennett and Grice, 1992) 2.1.2 CONCEPT AND CHARACTERISTICS OF DESIGN AND BUILD A basic concept in Design and Build procurement is that it requires the project to be contracted to a single organization which is responsible for design, procurement, and engineering and commissioning. The first step before choosing a procurement method should be through analysis of the projects characteristics on a global basis, including those technical requirements for design and construction. The projects owner will ensure that the entire context in which the project be delivered is thorough understood and can be accounted for in plans for schedule, price and quality. Once the owner has determined all the external constraints that might impact on its project, a project procurement method can be selected. There are quite many good reasons why an owner would select Design and Build for a given project. Theres a list of reasons for which an owner might decide that a project is suitable for the use of Design and Build procurement method. It would be: Where a compressed delivery schedule is required; A single point responsibility is required, Constructability consideration drive the design concept or details, Unique factors require special knowledge or experience to produce the least-cost design, The owner/designer must rely on the builder to optimize technology wit cost, The project will site-adapt a previous design, The project is a common commercial facility, The project is beyond the owners technical capability, Lastly, where risk can be shared to reduce cost. This can be supported by Masteman (2002), who argued that the definitions of the Design and Build contains three elements that would fundamental characteristics of this system, which are; the responsibility for design and construction lies with one organization, reimbursement is generally by means of a fixed price lump sum, and project is designed and built specifically to meet the needs of the client. 2.2 PERFORMANCE OF DESIGN AND BUILD An owner of a project would definitely want to obtain a building that satisfies his needs of good performance. The meaning of a good performance here require the project to form a high level of quality, of which including optimum economic price within the agreed time. Hashim (1996) concluded that the major factors tat affect the time and cost overruns would be; (1) the procurement systems adopted, (2) the variation works, (3) delay in subcontractors work, and lastly (4) shortage of building materials. She also provides her findings to prove the relation to the procurement systems used and their impact on time cost overruns. It is very crucial that the selection of the procurement method lies in the clients responsibility. Because of that, the selected procurement should; Meets the needs of the client, the type of project and the risks that might occur, can be handle by the client Related to the expertise available within the clients organization, resource and funding facility. Before the client decides which procurement method to be use, the relative importance of the three key criteria that need to be taken into account in procurement would be; time, cost and quality performance. TIME COST QUALITY The three criteria are inter-related. For instance, decisions affecting time will affect cost or both cost and performance. The key objective are exists to ensure that the clients objective are met effectively, efficiently and economically. 2.2.1 TIME Early completion of a project rather one of the most required by the client. Nevertheless, most construction project fails to achieve this requirement. Because of that the selection of procurement method to be use should be done wisely. This requirement of early completion can be achieved if construction starts before the design is completed. It can be said that the greater overlap between the construction and the design stage, the less time will be required to complete the project. However, the amount of variation is likely to increase because of this relation. Form the studies by University of Reading (United Kingdom) evaluate that the construction speed of design and build projects is 12% faster than traditional approaches and the overall project delivery speed (including design and construction) is 30% faster than traditional methods. Added that, the certainty of completion in time increases with the earlier the contractors involve in the design processes. 2.2.2 COST Lower cost of the construction project is another factor that is most important in ones employer requirement. The overlap between the design and construction means that construction starts before the cost is fixed, which will increase the uncertainty over the cost. This will drag the cost forecasting to become critical. Research had found out that time or cost have a real strong interactions between the design and build system. Also, from findings it stated that by combining the full overtime schedule, average ordering and also fast track construction with moderate crashing of design can made achieve towards improvements in both time and cost. By the researchers findings, it had stated that 75% of design and build project were completed within 5% of budget, compared with 63% of traditional projects. Design and build projects are at least 13% cheaper than traditionally procured projects. Greatest cost certainty is achieved for design and builds projects when the owners requirements are detailed. 2.2.3 QUALITY The issue of building quality is very important. From the facts, the quality performance characteristics determine the project time and cost. The performance of a project includes the function of the facility, its quality and appearance and durability, together with reliability and efficiency of the operation. The quality performance required from the completed facility is where it has the ability to control and make changes to the detailed specification after the contracts have been let. Design and build consistently better in meeting quality requirements for complex or innovative buildings rather than simple, standard, traditional buildings. 2.2.4 ROLES AND RESPONSIBILITIES OF THE CONTRACTOR The roles and responsibilities of each of the members of the project team should be considered carefully to avoid problems associated with assembling temporary teams of professionals. The contractors are responsible to; (1) undertake the design work outlined in contractors proposal which match with the employers requirements, (2) to fabricate the building, (3) to coordinate and integrate the entire process. The figure below shows the relationship of project team in design and build procurement. This contractual relationship in design and build is clearly shows that the contractor is responsible for everything. The design and build process increases the opportunities to use the contractors experience during the design stages of the project and their key strengths in management of the construction works. The extension of the contractors role design role is sometimes much less than the associated design responsibilities. The contractor then takes the responsibility for the design, without having any previous involvement with the design team. However, with the variability of types of construction projects and the experiences of clients in such projects, recent research had found that contractors may lack proper understanding of managing the varying types of design processes. The contractor must do whatever it takes to achieve the employers requirements. A single point responsibility means that the contractor is responsible for ensuring that the project is completed in time within the specified budget. Any delays beyond the control of the employer would be at the risk of the contractor. Other than that, the contractor also has to take into account the qualities that are agreed between the employers. Design and build contractors should understand the aesthetics or architecture value because the clients might not understand this kind of things. However, to ensure a contractor to produce what is specified by the client is not the same as ensuring the contractor producing a good and high quality building. 2.3 IMPLEMENTATION OF DESIGN AND BUILD PROCUREMENT IN MALAYSIA Construction activities occurred mostly on the more developed western side of peninsular Malaysia, which would be around KL. It began to gain importance in the economy in the 1990s through its roles in the areas of reconstruction and modernization. There are seven main elements of the processes of construction procurement considered to be specific to Malaysia. These seven elements are divided into two broad categories; (1) the processes during preconstruction stage, and (2) the processes during construction stage. The processes of construction procurement during preconstruction stage are: Initiation / promotion Funding Design schematic design, detailed design and specialist design. Statutory approval approval to initiate and to construct a facility and final approval to occupy the completed facility. Tendering The processes of construction procurement during construction stage are: Construction management and physical construction processes. Risk allocation The mostly used procurement are listed below in order of their importance that has been identified as the dominant procurement systems in Malaysia. Traditional lump sum system Design and build / turnkey system Management contracting 2.3.1 HISTORY AND BACKGROUND OF STUDY Design and build procurement was first launched in the Public Works Department by the Malaysian Prime Minister in 1983. The first unit that has applied the system would be by the Kuala Terengganu Hospital, which was completed in 1985. Research has shown that there is a continuous increase in the use of Design and Build over the last 24 years. The system use in Malaysia was pioneered by the JKR. In this system, there exist only two parties, i.e., the client and the contractor. In Malaysia, comprehensive data on the use of different types of procurement systems is not available. However, design and build is one of the procurement systems frequently used in Malaysia. 2.3.2 CONTRACTORS IN MALAYSIA The total goals of a project to significant cost savings, time savings and better quality can be achieve in considering the contractors construction experience in earlier construction phases. Since the system of design and build become successfully growing in recent years, many contractors are successfully operate in this market and they bring appropriate skills to bare in regard to the management and co-ordination of the overall process. However, the studies from Nima, M.A. M.R. Abdul-Kadir et al. (2001) also Rosli M.Z. (2004) show a shortage of knowledge among Malaysian contractors. They added that, a contractor have a supreme position in developing the constructability issue in different stages of construction projects which decreases probability of stoppages, delays and contract modifications. Any contribution from construction players in early stages of project can supply a useful guidance to bring deconstruction rules to design phase (Herman et al., 2003). The issue in this country is where the construction contractors are not invited to participate in design activities, before the design reaches to end. This will reduce their ability to influence the project specification finally. Other researches had state that different sources of knowledge has emphasized on importance of design phase and decisions that can make tremendous changes in the project output (BCA, 2005; Construction Industry Review Committee, 2001; Galvinich, 1995; Gray Hughes, 2001; Nima et al., 2002; Unlik Lones, 1998). The more integration will result in greater amount of cost savings, labor savings and also less substance wastage. The design itself can lead the contractors to choose a better construction method which helps to an improved constructability. In addition, the contractors can use their construction experience to help the designers in better designs, then they can try to increase the flexibility of the project to avoid any later design modifications that requires more money injections to the projects (Lam et al., 2007). 2.3.3 ADVANTAGES AND DISADVANTAGES IN DESIGN AND BUILD Ndekugri Turner (1994) suggests that by using design and build can provide better value for money and can give rise to fewer disputes than other procurement methods. One of the key advantage by using design and build is the opportunity to integrate the design and construction components. Argues by Saxon (2000) include that design and construction offers better performance in time and costs and results in lesser defects. The main advantages of design and build system that are obviously shown include: Single point responsibility for both design and construction processes Price is fixed in advance of construction Overlapping of design and construction process (in contrast to the traditional system) The design and build contractor could incorporate the concept of buildability into the design which in turn would facilitate speedier and economical construction production. However, implementing design and build procurement also have the cons that need to be aware of. Its disadvantages are: Unclear client brief (Ho et al., 1996; Chan, 1997; Ernzan Schexnayder,2000) Lack of standard forms of contract (Ho et al., 1996; Gunning McDermott, 1997) Inadequate and insufficient information and coordination among parties (Ndekugri Church, 1996; Ho et al., 1996) Late design changes (Gunning McDermott, 1997; Chan, 1997). The projects costs could be higher than the traditional system Projects often lacks of aesthetic values The system is not very accommodative to changes Other than that, Smith (1992) stated some of his research of design and build difficulties that may have to be faced: Contractor dominated by staff who are unfamiliar with the design process Inadequate fee quoted for design services by consultants Contractors operational staff too busy to consider design issues Contractors lacks expertise to manage the design interface between consultants and subcontract designers Contractor leaves subcontractors to co-ordinate work amongst themselves 2.4 CONCLUSION Alternative project system or delivery is gaining popularity towards Malaysia and outside countries. From this literature, we can see that the implementation of design and build in Malaysia proven to be one of the successfully delivering method in an expeditious manner without sacrificing quality or economy. As for the contractors in Malaysia, the lack of knowledge can become the main reason to the unsuccessful of design and build delivery. Other than that, design and build seems the most appropriate delivery method that can improve ones project performance. DRAFT OF CHAPTERS CHAPTER 1 ABSTRACT CHAPTER 2 LITERATURE REVIEW CHAPTER 3 RESEARCH METHODOLOGY CHAPTER 4 DATA ANALYSIS (CONTRACTORS VIEW ON DB) CHAPTER 5 DATA ANALYSIS (DB ACHIEVEMENT) CHAPTER 6 CONCLUSION TABLE OF CONTENT CHAPTER 2 LITERATURE REVIEW 2.0 INTRODUCTION 2.1 INTRODUCTION OF DESIGN AND BUILD PROCUREMENT 2.1.1 Definitions of Design and Build Procurement 2.1.2 Concept and Characteristics of Design and Build Procurement 2.2 PERFORMANCE OF DESIGN AND BUILD 2.2.1 Time 2.2.2 Cost 2.2.3 Quality 2.2.4 Roles and Responsibilities of the Contractor 2.3 IMPLEMENTATION OF DESIGN AND BUILD PROCUREMENT IN MALAYSIA 2.3.1 History and Background of Study 2.3.2 Contractors in Malaysia 2.3.3 Advantages and Disadvantages of Design and Build 2.4 CONCLUSION

European Trade Routes 1100-1500 Essay -- essays research papers

If there was ever an important period historians, and people could put a finger on, this would be it. This is the important period where the world’s countries, kingdoms, and dynasties established trade routes. This is the period where countries were made and countries were destroyed because of the importance of trade and the importance of building a fundamental, religious, and economical way of life. This paper will discuss the goals and functions of trades, and traders, and a historical analysis of world trade. This paper will also get into world trade patterns, of The Americas, Sub-Saharan Africa, The Indian Ocean, The Silk routes, China and The South China Sea, Europe and The Mediterranean, and The Atlantic Exploration.   Ã‚  Ã‚  Ã‚  Ã‚  The goals and functions of world trade today vary from when it started. Long distance trading today is a big part of everyday life for us. Most of our products, as you can see, come from China, Japan, Italy and other places across the ocean. Where would we be today if long distance trading wasn’t a part of everyday life? Asia and Europe play a huge part in our lives, and in what we eat, function with, and for children, play with. When long distance trading first started, it wasn’t as important as it is now. Traders mostly supplied goods for the rich who could afford these valuable goods, and afford the long distance accommodations. Supplies like gold, spices, silks, and others were sold to the rich and they were valued depending on weight and distance of the trade. A large part of the exchange economy was local, dealing with crops, and local manufactured products. The only problem with this was that it wasn’t pricey and it didn’t weigh much compared to long distance supplies, which made it difficult to make any profit whatsoever. Sometimes, to help out locals and the upper echelon, goods were traded for other goods instead of money. The most important part of trade was having a market to trade with. If there was no market, there was no business, and if there is no business there was no jobs, and money coming in for locals in that area. (The Worlds History, Spodek, 2001, Ch. 12)   Ã‚  Ã‚  Ã‚  Ã‚  Free market economy, which is still tremendously popular today, as it was when trade first started, is a big part of trade. Free market economy is when traders seek personal benefits by buying supplies an... ...acteriaceae. It is the infectious agent of bubonic plague, and can also cause pneumonic plague and septicemic plague.†(http://en.wikipedia.org/wiki/Pasteurella_pestis) In 1331 the infection entered China and began to spread, killing enormous amounts of people. This plague wiped out half of China since the Mongols passed through, and because this plague was so horrific, Mongol power weakened as a result of this. Europeans had no immunity toward new diseases, thus wiping out 1/3 of the population that swept across the continent. (The Worlds History, Spodek, 2001, Ch. 12)   Ã‚  Ã‚  Ã‚  Ã‚  When you talk trade, and the foundations of powerful dynasties, you think China. When Marco Polo finally arrived in China in 1275, he described the ruler, Kublai Khan as the mightiest man. China was so advanced with riches, elements, and respect from underlings, that any of these could describe the comments Marco Polo had for Kublai Khan. Still, silk, porcelain, and tea, Chinas greatest products, attracted merchants from all around the world looking to trade.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  

Influenza and War :: Journalism Media Studies Health Medical Essays

Influenza and War This week, influenza and the war continue to affect Manchester, causing mayhem as well as celebration within the county. Manchester residents, from toddlers to elders, bravely face the influenza epidemic onslaught and stand triumphant with minimal fatality. Unfortunately, the influenza epidemic did impact Manchester's social, economic and military life but without detrimental results.... Influenza, the Illness After careful observation by medical specialists around the country, it is established that the present form of influenza is no different from any other form of influenza in English history. Influenza in the epidemic form has visited England previously in 1709, 1732 as well as in 1890.1 The cause of the influenza epidemic was discovered in the 1890 epidemic as the micro-organism named Bacillus influenzae and the culprit was first identified and cultivated during that epidemic. Although this organism is found in severe attacks of influenza, its presence may not be located in all cases of influenza, according to The Manchester Guardian Medical Correspondent.2 On Monday, July 1, some officials and citizens also suggest that the illness is caused by "abnormal atmospheric and climatic or meteorological conditions."3 However, with a few days of observation and with the benefit of hindsight, the theory is discarded. Influenza failed to abate even after this week's consistent good weather.4 Medical officials agree that one of the characteristic features of the influenza is its air-born infectivity. "One case to-day may mean a hundred to-morrow and thousands within a week," according to the chief medical officer of the Local Government Board. To protect oneself against the infectious illness that can spread without direct contact with the sick, it is recommended that people situate themselves in well-ventilated rooms. However, once you have contracted the disease, you are to quarantine yourself in an isolated home.5 Other symptoms of influenza include extreme exhaustion, aching limbs, headaches and sometimes, inflammation of nasal mucous membranes.6 The most common preventatives and curatives sold at the chemist's are quinine, cinnamon, and eucalyptus, with quinine being a favorite prescription by doctors.7 However, other medicines are also used against the influenza epidemic. The author of "Influenza: Its Cause and Treatment" is noted for stating that Formamint Tablets are the best source of infection prevention. Therefore, "every influenza patient should suck four or five of these tablets a day until convalescent."8 Thompson's Pure Phenol has also put out an advertisement claiming that its product can act as a cure and preventative of influenza.

The Employability Paradigm Essay -- Denis O’Sullivan’s Cultural Politi

The Employability Paradigm Denis O’Sullivan’s Cultural Politics and Irish Education since the 1950’s (2006) makes the argument that early school leaving has traditionally been understood as a failure of the individual to succeed within mainstream schooling. This essay plans to outline and support O’Sullivan’s argument and also to show how the political and educational system in Ireland has created a criterion for success which guarantees a certain amount of failure. O’Sullivan’s (2006) argues that the Employability Paradigm which emerged in the 1970’s served to distinguish a group of students who were not achieving the standard needed to guarantee employment. Employability is the assessment of those with the lowest chance of success in an economically motivated nation. It posits that intervention is necessary to prevent those individuals who have failed within the system from being dependent on social welfare and subsequently from being socially excluded (O’Sullivan 2006). In the early 1970’s, Ireland’s entry into the European economy and the changing employment market combined to connect education attainment to employability. As a result, educational credentials became the accepted way of assessing ability and this served to focus attention on those leaving school early with little or no qualifications. O’Sullivan argues that while the policy of the state, on the surface, seemed to support equal opportunity with the provision of free access to secondary education, the reality for most working class students was far from equitable. There were limited interventions available for those who needed help to develop the skills needed to benefit from access to secondary education and these students became disenfranchised. The disc... ...ing and Youth Labour Markets: A Cross-National Analysis IN: Blanchflower, D. and Freeman, R.Youth Employment and Joblessness in Advanced Countries. Chicago: University of Chicago Press. Mac Einri, P. 1997. Some Recent Demographic Developments in Ireland. [Online] Available from: http://migration.ucc.ie/etudesirlandaises.htm [Accessed 7th May 2012] O’Dubhslainà ©, A. 2006. The White Paper On Education: A Failure To Invest. Student Economic Review. 20 p 115 O’Sullivan, D. 2006. Cultural Politics and Irish Education since the 1950’s. Ireland: Cork University Press. Ronayne, T. 2004. Regions Without Work: Unemployment and Labour Market Policy in Ireland. [Online] Available from: http://www.wrc.ie/publications/regionsw.pdf [Accessed 7th May 2012] Stokes, D. 2004. Submission to the Youth Justice Agency. [Online] Available from: www.youthreach.ie [Accessed 7th May 2012]

Discuss the Reasons for, and Consequences of Social and Economic Groupings of Nations.

Discuss the reasons for, and consequences of social and economic groupings of nations. In this current generation exists a range of major trade blocks, for example: ASEAN – consisting of countries such as Laos, Malaysia and Singapore. However one of the most well known Trade blocs in the world today is the EU, which currently links together 27 countries.The reason as to which countries want to form these alliances with other countries is as they want to stimulate their economic growth via various methods, such as: making trade between the countries easier, thus increasing profits, allowing the free movement of labour and capital, and sharing knowledge thus allowing all members of the group to develop. There are different types of alliances that countries can form, the first of which is free trade areas. These are when countries remove all tariffs and quotas on trade between themselves, but keep the taxes for when countries outside of the trade bloc want to import into the grou p (e. g.NAFTA). The next type of alliance is common markets, which are like custom unions but also, allow the free movement of labour and capital – the EU once existed in this form. The final type are Economic unions in which members do all of the above but they also adopt common policies for the likes of agriculture, transport and pollution. The EU has currently adopted this format. Economic groupings do have a variety of advantages and disadvantages linked to them. Many humanitarians are in favour of social and economic groupings, as they believe due to an increased amount of international understanding, there is a greater chance of peace.Also, as trade barriers are removed, the economy of a country is allowed to develop which ultimately will cause a spiral of growth therefore resulting in better living conditions. In my personal opinion, trade blocs are ideal for people who find it difficult to seek employment in their own country, as they have the legal right to travel in to another member of the group and work there. This may cause conflict however as people in the country which is receiving migrants for work may believe that jobs they’re entitled to are being taken up, and for this reason, people may be against trade blocs.These benefits were apparent after the formation of NAFTA (The North American Trade Agreement) between the USA, Canada and Mexico. The gradual eradication of trade tariffs allowed the amount of trade to triple between 1993 and 2007 ($306 billion to $930 billion), with an increase in employment in the USA’s manufacturing industry due its expansion. As a result of Mexico’s participation in NAFTA, it received an increased amount of foreign investment, and so higher wages were paid to workers and there were increased sales from the agricultural industry.Similar benefits also applied to the European Union (EU). Trade has increased significantly between the European countries, which are part of grouping. In 1970 ju st over 12% of the UK’s GDP came from trade with European countries. After the UK joined the EU in 1973, this percentage rapidly increased: in 2002, around 23% of the UK’s GDP came from trade with EU countries. The EU also supports come industries; for example, it has the Common Agricultural Policy (CAP), which subsidises for EU farmers and adds import tariffs and quotas on agricultural policies outside the EU.This gives farmers a reasonable standard of living, secures food supplies and ensures a god price for consumers. There are other problems that social and economic groupings cause, and it is these problems that right-wing political parties such as the UK Independence Party (UKIP) will promote. These parties highly criticise groupings, as they believe they create a pressure on countries to adopt central legislation even though the country itself may not want to.Also, they believe that the elite countries of the group will hold a disproportionate amount of power thr ough voting systems and therefore there is a lack of equality. Finally, it is believed that these groupings tend to cause a loss of sovereignty and for this reason; decisions are centralized by what some perceive to be as an undemocratic bureaucracy. Critics of NAFTA pointed out that some Canadian companies had to close down as a result of competition from lower-cost USA firms.Furthermore, jobs were also lost in the USA as firms moved to Mexico – in my opinion, the main reason as to why companies moved to Mexico is because I believe they had the intention of exploiting the country due to its less stringent pollution laws. The EU, just like NAFTA has also had critics as it has had various negative impacts. For example, increased immigration within the EU has resulted in a lack of skilled workers in some eastern European countries because so many have moved to Western Europe to seek better wages.Furthermore, countries that are part of the EU have to share resources with each ot her – for example, countries joining the EU come under the Common Fisheries Policy, which means their fishing grounds become open to fishing by other member states. Overall it is clear to me that social and economic groupings are established in order to promote trade between its members thus allowing the development of the participating countries’ economies, and even though they do have their advantages, the groupings also has skeptics due to the drawbacks they create.

Louis Vuitton Malletier V Dooney & Bourke Inc

Louis Vuitton Malletier v Dooney & Bourke Inc. In this famous case known as the â€Å"Battle of the Handbags† Louis Vuitton (LV) sues Dooney & Burke (D&B) for trademark infringement of its multicolore line. The Plaintiff, Louis Vuitton Malletier ,is a French fashion house founded in 1854 by Louis Vuitton. The famous label is well known for its LV monogram, which is featured on most of its products. Louis Vuitton is considered as one of the world’s most valuable and prestigious brands. The LV monogram was created in 1896 by Louis’ son Georges Vuitton who invented the symbol and the letters represent his father’s initials.The logo is a Japanese-inspired flower motif which initially was created as a way to prevent counterfeiting. This memorable logo is now synonymous with luxury, brilliance and indulgence. It is the world's 29th most valuable brand and is estimated to be worth over $19 billion USD. Unfortunately, Louis Vuitton is one of the most counterfeited brands in the fashion world due to its image as a status symbol. The company takes counterfeiting seriously, and uses all its possible resources to fight counterfeiting. The Defendant, Dooney & Bourke, is an American company founded in 1975 by Peter Dooney and Frederic Bourke.The company specializes in fashion accessories and is best known for its high quality handbags, accessories, and travel luggage. Their Signature and Mini Signature handbags consist of the â€Å"DB† initials interlocking in a repeating pattern. The founders of the company started off with two introductory products: surcingle belts and suspenders for men. Their products became very popular due to their unique design and color. Now Dooney & Bourke is a well-known brand in America and has a good reputation for making quality products. The defining look of Dooney & Bourke is elegant and sophisticated, but above all, it is timeless.Its classic designs make these handbags the perfect accessory for any outfit d ue to the superior quality and unique form. In 2002, the designer Marc Jacobs invited the Japanese artist Takashi Murakami to come up with a fresh take on the Louis Vuitton †toile monogram† famous entwined LV logo intermixed with flower shapes for a new line of bags. This led to the creation of the Monogram Multicolore design, in 33 colors, displayed on handbags in a repeating pattern against a white or black background. The bags made their debut on Paris runways in October 2002 and were then presented in prestige retail outlets in March 003, where they sold for up to $3,950. Previously LV registered its famous LV monogram design pattern and the individual unique shapes as trademarks with the United States Patent and Trademark Office. In July 2003 D in collaboration with Teen Vogue developed a new line of handbags for teenagers. It was launched as the â€Å"It Bag† collection. The pattern on the purses consisted of the entwined â€Å"DB† initials printed in contracting colors on variety of colored backgrounds and white and black background. D released handbag line looked similar to Louis Vuitton's trendy model, but the price was significantly lower.Considering the fact that Louis Vuitton fights counterfeiting very aggressively, not surprisingly, the matter ended up in the courts. LV immediately viewed the â€Å"It Bag† as a copy of their design. When Louis Vuitton gathered with legal counsel on their options to file suit against Dooney and Bourke, they became aware of the alternatives that were available to them in order to move forward. For designers and manufacturers in the American Fashion industry, there are four possible avenues to explore: 1) Copyright protection, 2) Patent protection, 3) Trade Dress protection and 4) Trademark protection.Copyright protection covers a range of categories including literacy, musical, dramatic, choreographic, pictorial and architectural works. Within this range, the only one that is applica ble to fashion designs is pictorial, as it shields two- and three- dimensional works. Patent protection shields any â€Å"new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof†. Since the design in the fashion industry rarely creates a new process, machine or manufactures, they have a separate statute specifically for them for new, original and ornamental design for an article of manufacture.Trade dress protection is addressed under the Lanham Act to defend the design and appearance of the product as well as that of the container and all elements making up the total visual image by which the product is presented to customers. Colors have also been addressed under the Trade dress protection in which the United States Supreme Court has stated that the color and designs of a product are only protected under the Lanham Act if a secondary meaning has been demonstrated.Color and design must be associated by the customer fo r that particular product over time. In 2004, the legal team decided to advance with option 4: Trademark protection. They claimed trademark infringement, trademark dilution, as well as unfair competition and false designation. Trademark infringement harbors a manufacturer or seller’s product to include a word, slogan or symbol. For instance, Apple is an example of a word that cannot be used in relationship with software or computers as it will cause confusion from a consumer’s perspective.Nike holds the trademark of the slogan â€Å"Just Do It† that is associated with its product and McDonald’s hold trademark of the golden arches symbol. In some instances this protection can extend to other properties such as its color or even its packaging. For trademark dilution claims, the distinctive quality of a mark must be diluted by blurring or tarnishment. However, the likelihood of confusion is not necessary. Unfair competition and false designation is character ized as likely to cause confusion, mistake or deceive the consumer.Section 43(a) states â€Å"any person who on or in connection with any goods or services, or any container goods, used in commerce any word, term, name or symbol, or device, or any combination therefore, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact which a) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval or her goods, services, or commercial activities by another person, or (b) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or geographic origin of his or her or another person's goods, services or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. † In a ddition under sections 32 and 43(a) of the Lanham Act, trademark protection extends above the registered trademarks to the unregistered trademarks from misuse or reproduction in commerce. Once a trademark is established as fundamentally distinctive or to have developed secondary meaning, as well as protection under the Lanham Act, one can then address the likelihood of confusion under trademark infringement.Statutes require a sense of clear case situation as well as a specific element of which the claim can be proven as a violation of the law. This means that sequential evidence is needed, as this poses the validity of the claim and further makes the justification of the case. Without this evidence, the case could be deemed as void, as there is no possible evidence that can prove the claim. Statutes also require the clarity of the case, which means the details of the case or the violation should be given in chronological order so that the justifications set for the claim as well as the laws that could be used to make it more justified could be legally provided.There is actually a varied definition on how violations of laws happen. There are times when a crime committed may not be a violation of the law, or the violation of the law is not a crime. This happens when the crime being claimed is not part of the scope of the statute, or there is no existing law for such crime. Therefore this results in deliberating on whether the action indeed is a crime or a violation of the law. Situations such as this often arise from actions where the defendant is ignorant of the law which he has violated. In addition, the claimant can be the one who is ignorant of the law when he laid evidence on the ‘crime’ allegedly committed by the defendant.Now that we have a thorough understanding of the applicable laws, the rules that govern those laws and what are required by the statutes to prove a violation of law we can examine how the case unfolded. As previously stated, Vuitton filed suit against D&B in April of 2004 in the United States District court for the Southern District of New York, claiming trademark infringement, unfair competition and false designation, and trademark dilution. Vuitton moved for a preliminary injunction against D&B which would have stopped sales of the â€Å"it bag† until the case was resolved. The District court ruled in favor of D&B and Vuitton was not granted the injunction. In determining trademark infringement the court applied the two prong test required of Section 43 of the Lanham Act.First the test looks to whether or not the mark merits protection by determining if the unregistered trademark is distinctive or has achieved secondary meaning. In this case the district court did find that Vuitton’s design was distinctive and had garnered secondary meaning in the market place. The second part of the test involves deciding whether the defendant’s use of the mark is likely to cause consumers confu sion as to the origin or sponsorship of the defendant’s goods. Accordingly the court then examined the eight factors weighed in determining likelihood of confusion: 1) the strength of the mark, 2) the similarity between the marks, 3) the proximity of the roducts, 4) the likelihood that the plaintiff will bridge the gap between the markets of the two marks, 5) actual confusion, 6) the defendants good faith in using his or her mark, 7) the quality of the defendant’s product, and 8) the sophistication of the customers. The district court ruled that there was no likelihood of confusion based on its evaluation of the 8 factors and thus denied the injunction. In addition, the district court found that Vuitton was unable to prove trademark dilution. LV appealed the injunction denial to the Second Circuit Court of Appeals hoping to force the court into making a more broad judgment with regard â€Å"design piracy†. Unfortunately for Vuitton the court was not in the mood to make a statement in favor of protecting designers.Rather than make its’ own ruling on the case, based on the facts laid out before the court, the Second Circuit instead focused on a mistake by the district court in its application of the standard of likelihood of confusion. The Second Circuit had previously held in Louis Vuitton Malletier v. Burlington Coat Factory that courts must use a sequential market place comparison rather than a side by side comparison when applying the standard of likelihood of confusion. The district court had used a side by side comparison that the Second Circuit deemed improper. In addition, the Second Circuit agreed with the district court that LV was not able to prove trademark dilution at the federal level.In order to prove trademark dilution the plaintiff must demonstrate the following; â€Å"its mark is famous, the defendant is making commercial use of the mark in commerce, the defendants use began after the mark became famous, the defenda nts use of the mark dilutes the quality of the mark by diminishing the capacity of the mark to identify and distinguish goods and services†. Vuitton was able to prove the first three requirements but was unable to prove actual dilution. While the court did agree that LV could not prove actual dilution (the federal requirement) they vacated the injunction at the state level due to the fact that it only requires LV to show likelihood of dilution.The Second Circuit decided to remand the similarity of the marks factor back to the district court for reconsideration. This meant that the district court would use the sequential market place comparison when examining the similarity of the marks and hold onto all other previous analysis of the likelihood of confusion factors. Even if the market place comparison had an effect on that one factor it was very unlikely to affect the outcome of the district court’s ruling because the similarity of the marks was just one of eight weight ed factors. The Second Circuit was essentially making a statement with its handling of this case that it was not prepared to make a precedent setting ruling on the lack of protection for â€Å"design piracy† in the fashion industry.Even if they desired to address the topic, strictly following the established law would have prevented them from coming up with a different result. The court may have felt that any perceived or real injustice plaguing the fashion industry should be handled through the adoption of written law rather than legislated from the bench. Ultimately in May of 2008 the district court granted summary judgment to D&B on all claims. The court found that Louis Vuitton did not have adequate evidence to present with regards to the trademark infringement or dilution claims. While the outcome of the case disappointed many people because D&B did copy the design, the court based its decision on the interpretation of the law.Another example of a trademark infringement case that could have implications is European Trademark v Google. Originally LV sued Google in France claiming trademark infringement from Google’s AdWords program and the French court ruled in LV’s favor. The court held that Google was committing trademark infringement and diluting the trademark when it decided to sell the LV name to other companies in order for their site to pops up upon a search. Unfortunately for LV the European Court of Justice later ruled that Google in fact was not guilty of trademark infringement. There is a silver lining for LV. The court stated that advertisers using a trademark as a keyword can be held liable for infringement.The court specifically stated that â€Å"such use of a trademark by the advertiser adversely affects the source-indicating function of the trademark if the advertisement does not enable normally informed and reasonably attentive internet users to ascertain whether goods or services referred to by the ad originate from the proprietor of the trademark or, on the contrary, originate from a third party†. Thus, a company like Louis Vuitton does have legal recourse if it finds misleading advertisements from searches of its brand. In addition, Google can be held accountable if it was aware of the improper use of the trademark and did not take the ad or content down.The ruling could have impacted a case like Louis Vuitton Malletier v Dooney & Bourke Inc. , but instead has gone farther towards protecting companies in the fairly unregulated internet market place. In closing, companies like LV will have to continue to be extremely aggressive through the use of lawsuits in order to protect their brand. Once more laws are applied to specific industry, such as the fashion industry, it will become easier to convey. The courts can only interpret the law, not create laws to safeguard these specific industries. The courts, as well as the citizens, have to trust that the legislative branch will step up and ad dress these complex issues.