Negligent Hiring/Retention Essays - Employment, Labour Law

Negligent Hiring/Retention Human resources professionals have been breathing a bit easier because of the retrenchment in the "At-Will" Employment Doctrine.(1) The repreive was short lived, however, as a relatively new employee relations law scourge has surfaced- The Tort doctrine of negligent hiring/retention.(2) Although this theory is not new, it's prominenece is growing. This added cause of action in tort law is resulting in increased employer liability and risk. Often, Court award outcomes in these cases are in the hundreds of thousands of dollars, and more, and are likely to be upheld on appeal. The limitations placed on human resources professionals and employers relating to preemployment inquiries make an interesting contrast to the negligent hiring dogma. Discrimination law, such as title VII of the civil rights act of 1964, as written and/or interpreted by the courts, proscribes many inquiries that have a negative employment-related impact on protected classes of people. Plaintiffs also are asking the courts to curb employer access to employee records and other personal information under the right to privacy arguement, a constitutional arguement employing fourth amendment illegal search and siezure guarantees. Human resources managers can be heard in corporate hallways mumbling about these apparent conflicts and incongriuties in common law and government mandate. Historically, If a worker commited a negligent act, a plaintiff often would sue his or her employer under the theory of Respondeat Superior, or let the master respond. (3) This doctrine holds the employer liable for his or her employees' negligent, on the job actions and does not depend in any way on the fault of the employer. (4) Common law held that employers owed thier employees a duty to provide a safe place to work. Eventually, this duty was extended to providing safe employees, because the courts reasoned that a dangerous co-worker is comparable to a defective machine. (5) In the majority of successful negligent hiring/retention court cases the nature of the relationship between customer plaintiff and business defendant seems to drive the outcome. In cases in which plaintiffs have recovered, there appears to be a higher degree of duty or care required between business and it's customers because of the nature of the product or service provided. Fundamental to a negligence action is the existence of a duty owed by the defendant to the plaintiff ( See Bidar Vs. AM-FAC, Inc., 66Haw. 547, 551; 669 P. 2d 54, 158 {1983}.) A defendant owes a duty of care only to those who are foreseeably endangered by the conduct and only with respect to those risks or hazards whose likelihood made the conduct unreasonably dangerous. ( See Hulsman vs. Hemmeter Development Corp., 65 Haw. 58, 68, 647 P. 2d 713, 720 { 1982}.) Therefore, duty under the negligent hiring theory depends on forseeability, that is, "Whether the risk of harm from the dangerous employee to a person...was reasonably forseeable as a result of employment."( See Di Cosala vs. Kay, 91 N.J. 159, 450A. 2d at 516 {1982}.) Some examples of a higher duty of care include Landlord/tenant relationships, common carriers (railroads, airlines, ship lines), hospitals, and other patient care facilities and taxi services. Often when a negligent hiring complaint is initiated a simultaneous allegation is made of negligent retention. Negligent hiring allegations imply a preliminary error in terms of the hiring process ( See Ponticas vs. KMS Investments, 331 N.W. 2d, 907 {1983}.) This means that the employer should have known before hiring an individual that the person was unfit for employment. Negligent retention is an after-the-fact consideration (See Cherry vs. Kelly services Inc., 2d 463 {1984}) applying to the instances in which the employer becomes aware of the employee's unfitness after hiring him or her. Here the employer has an obligation to initiate an action to counter the person's unfitness, including retraining, reassignment, rescheduling or discharge ( See Cutter vs. Farmington, 498 A. 2d 316{N.H. 1985}.) For example, in Abbot vs. Payne et al (57 So. 2d 1156 {Fla. App. 4 Dist. 1984}) a negligent hiring and employment allegation was at issue. The focused action precipitating this case occured after the worker terminated employment. The case involved a customer who contracted with the Apollo Termite & Pest Control Co. to provide regular service in her home. Apollo assigned the co-defendant employee, Randall Payne, to provide service in Abbot's home. Abbot worked full time, so it was necessary for the pest control company to have access to her home while she was away. Therefore the company requested that Abbot provide a passkey. Because Payne would have the key and, therefore, independant access to her home, Abbot sought

Ratio Analysis and Statement of Cash Flows Paper

Ratio Analysis and Statement of Cash Flows Paper The business world uses risk analysis to aid in determining the health and viability of a given company. While risk ratio analysis alone does not provide concrete answers about the health and viability of a company, it can raise important questions that will help determine where the company stands in its industry. There are four types of financial ratios used in financial ratio analysis."Leverage ratios show how heavily the company is in debt; liquidity ratios measure how easily the firm can lay its hands on cash; efficiency or turnover ratios measure how productively the firm is using its assets; and profitability ratios are used to measure the firm's return on its investment" (Brealey, Myers, Marcus, 2004).The two companies reviewed by this learning team are Google and Yahoo. Thesecompanies are found in the technology sector of the business world under the industry category of Internet Information Providers. Comparing the two most recent fiscal years 2004 and 2005, both companies h ad a high return on its investment.Screenshot of Yahoo! search results for "Miserable...In the years 2004/2005, Yahoo's operating profit margin was 33% and 48% respectively, while Google's was 20% and 35% respectively. The return on equity for Yahoo was 12% and 22% respectively, and Google was 14% and 16% percent respectively. It is not entirely clear what these numbers tell us but companies sell "information," meaning their product does not require a great deal of capital for product inventory in order to generate revenue. Although both companies realized profit margin gains in 2004 and 2005, Yahoo's profit margin was larger and their return on equity was higher than that of Google.The total asset turnover shows that for every dollar of asset produced in 2004 and 2005, only .39 and .49 of sales were generated for Yahoo, and .96 and .60 for Google. This could...

Definition and Examples of Subordinate Clauses

Definition and Examples of Subordinate Clauses In  English grammar, a subordinate clause is a  group of words that has both a subject and a verb but (unlike an independent clause) cannot stand alone as a sentence. Also known as a dependent clause. Contrast this with a main clause and coordinate clause. Subordinate clauses are usually attached to main clauses or embedded in matrix clauses. Pronunciation: Suh-BOR-din-it Exercises Exercise in  identifying adverb clausesPractice identifying independent and dependent clauses Examples and Observations Whenever you find yourself on the side of the majority, it is time to pause and reflect.(Mark Twain)That spring, when I had a great deal of potential and no money at all, I took a job as a janitor.(James Alan McPherson, Gold Coast, 1969)Memory is deceptive because it is colored by todays events.(Albert Einstein)Bailey and I did arithmetic at a mature level because of our work in the store, and we read well because in Stamps there wasnt anything else to do.(Maya Angelou,  I Know Why the Caged Bird Sings, 1969)If you cant leave in a taxi you can leave in a huff. If thats too soon, you can leave in a minute and a huff.(Groucho Marx, Duck Soup)If a free society cannot help the many who are poor, it cannot save the few who are rich.(John F. Kennedy)When you lose your laugh, you lose your footing.(Ken Kesey)Every book is a childrens book if the kid can read.(Mitch Hedberg) Grammatical Juniors Subordinate clauses are grammatical juniors, dependent on the main clause for complete sense. They are not subordinate in any other way; they need not be stylistically inferior, and indeed may be more informative than the main clause they depend on, as in this example: If you go on with a diet that consists exclusively of cottage cheese, dry toast, and Brazil nuts, I shall worry. The main clause is I shall worry: it is, I think, rather feeble in view of what precedes it, a sad anticlimax to what was promising to be a fairly arresting sentence. But although that previous clause is much more interesting in every other way, it remains grammatically subordinate: it could not stand on its own.(Richard Palmer, Write in Style: A Guide to Good English, 2nd ed. Routledge, 2002) Types of Subordinating Conjunctions Finite clauses are introduced by a subordinator, which serves to indicate the dependent status of the clause together with its circumstantial meaning. Formally, subordinating conjunctions can be grouped as follows: simple conjunctions: when, whenever, where, wherever, because, if, unless, until, while, as, althoughconjunctive groups: as if, as though, even if, even though, even when, soon after, no soonercomplex conjunctions:: there are three subclasses: (i) derived from verbs . . .: provided (that), granted (that), considering (that), seeing (that), suppose (that), supposing (that), so (that)(ii) containing a noun: in case, in the event that, to the extent that, in spite of the fact that, the day, the way(iii) adverbial: so/as long as, as soon as, so/as far as, much as, now (that) Angela Downing,  English Grammar: A University Course. Routledge, 2006) Subordinate Clauses in Poetry When I heard the learn’d astronomer;When the proofs, the figures, were ranged in columns before me;When I was shown the charts and the diagrams, to add, divide, and measure them;When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room,How soon, unaccountable, I became tired and sick;Till rising and gliding out, I wander’d off by myself,In the mystical moist night-air, and from time to time,Look’d up in perfect silence at the stars.(Walt Whitman, When I Heard the Learn’d Astronomer. Leaves of Grass)

Wal-Mart Business Operations Case Study Example | Topics and Well Written Essays - 2000 words

Wal-Mart Business Operations - Case Study Example The industry environment tools include: industry definition, industry life cycle, and Porter's five forces. The competitor environment can be analysed by the framework explained in chapter 2; comparison of critical success factors; and market commonality or resource similarity. A framework of competitor analysis takes into consideration the high or low level of market commonality, simultaneously with the high or low level of resource similarity. The portfolio of resources of two different firms are examined to find the degree of market commonality and resource similarity, and this is displayed graphically as shaded area. In question #2 we analyse the internal environment, which consists of: tangible resources, intangible resources, capabilities, core competencies, competitive advantage, and value chain analysis. We then summarise the main strengths and weaknesses that we have identified from the analysis of the internal environment. Question #2 is answered using the case study and tools such as SWOT matrix/SWOT analysis, Ansoff's matrix, Grand Strategy matrix, etc. These tools are used to identify strategic options available to Wal-Mart. We then critically assess these strategic options. The components of internal analysis leading to competitive advantage and strategic competitiveness include the inter... We then summarise the main strengths and weaknesses that we have identified from the analysis of the internal environment. Question #2 is answered using the case study and tools such as SWOT matrix/SWOT analysis, Ansoff's matrix, Grand Strategy matrix, etc. These tools are used to identify strategic options available to Wal-Mart. We then critically assess these strategic options. The components of internal analysis leading to competitive advantage and strategic competitiveness include the internal environment factors considered above. In addition, the category of discovering core competencies involves four criteria of sustainable advantages: valuable, rare, costly to imitate, and nonsubstitutable. Discovering core competencies also includes value chain analysis, that can be outsourced. In addition to competitive analysis is strategic competitive analysis. Tangible resources include financial resources, such as the ability to generate internal funds; organizational resources, which consist of the reporting, planning, controlling and coordinating systems; physical resources, such as access to raw materials; and technological resources, such as patents and trade secrets. Intangible resources include human resources, such as knowledge; innovation resources, such as ideas and capacity to innovate; and reputational resources, such as brand name. For a sustainable competitive analysis, McKinsey & Co. suggest a company strive for three to four core competencies. More than this number may cause a company to lose its focus. A value chain analysis is a tool that lets a company see where its value lies, and what elements of the company do not hold value. Value chain analysis is also used to understand the company's cost position. In a value chain,

Percy Shelley, Robert Burns and William Blake Poem Analysis Examples Essay

Percy Shelley, Robert Burns and William Blake Poem Analysis Examples - Essay Example Percy Shelley, Robert Burns and William Blake who were contemporaries, were part of the glorious age of romanticism in English poetry. The three men, coming from very different backgrounds, however shared the common trait of non conformism, and shared a deep interest in the revolutions that rocked the political and social traditions of the time. Shelley was the son of a country squire, while Blake was the son of a draper. Burns, a Scotsman also known as the pastoral poet, was the son of tenant farmers. Shelley was expelled from school because of his atheist views, while people went so far as to consider Blake mad because of his radical views. The radical political views held by Burns were shared by both Blake and Shelley, and all three did not conform to the existing norms of a steady married life and a conventional family. All of them had at one time or another in their lives, a run in with the established church of the time. All this is reflected in their work but in different ways . The beauty of their poetry hides behind it the anger of the poet at a world that is at odds with the divine creation. Shelley’s Ode to the West Wind is an example of the terza rima that Dante used in his Divine Comedy. Each part of the Ode consists of four stanzas of three lines each, ending with a two line couplet. In each of the three lines of each stanza, the first line rhymes with the third and the word at end of the middle line is used as the rhyme for the first and third lines of the next stanza. The beauty of nature is shown in both its gentle and violent forms as Shelley calls the West Wind the â€Å"preserver and destroyer† (Shelley, Ode to the West Wind) showing it sweeping away the dead leaves of the autumn and carrying the seeds that will herald the birth of new foliage in the Spring. Shelley cleverly uses both simple similes as well as complicated metaphors in the poem as he meditates on the beauty of nature in her gentle form as well as in her fury. Consider how deftly he uses the simile to compare seeds that have been blown by a wild wind, to corpses that lie in their gr aves waiting for the same wind’s gentler form to awaken them to a new birth, and when he says â€Å"The winged seeds, where they lie cold and low, Each like a corpse within its grave until, Thine azure sister of the Spring shall blow Her clarion o'er the dreaming earth,† (Shelley, Ode to the West Wind) This stark scene of death is again contrasted with the riotous colors and scents of spring in his very next line â€Å"Driving sweet buds like flocks to feed in air)With living hues and odours† (Shelley, Ode to the West Wind) portraying nature in her varied moods. He seeks solace in his need from the same wind as â€Å"A heavy weight of hours has chained and bowed One too like thee: tameless, and swift, and proud.† and requests the wind to lift his spirits and give him renewed strength to face his woes, â€Å"As thus with thee in prayer in my sore need. Oh, lift me as a wave, a leaf, a cloud!†(Shelley, Ode to the West Wind) William Blake too uses sim iles and metaphors for comparison, but the etchings that accompany his

The Cold War in Europe Essay Example for Free

The Cold War in Europe Essay How far do you agree that the Cold War in Europe broke out because Soviet and Western leaders misinterpreted each others words and actions? The Cold War broke out in 1945 (although some have argued other years) with the Yalta and Potsdam Conferences. They were held to discuss what was to be done with the peace of Europe and how to rebuild the damage that had been caused. It was at these meetings that the Americans and Russians slowly began to mistrust one another, even though they were previously war-time allies. During the Potsdam Conference in July/August of 1945, America declared that they had tested the first Atomic Bomb (which President Harry Truman referred to as the greatest thing in history). Stalin was suspicious as to why America had not told him previously, and after this, relations spiraled down rapidly. But it was at this time that Americas suspicions of the USSR were beginning to settle in and it was Harry Truman who later said that unless Russia is faced with an iron fist and strong language another war is in the making Their first misinterpretation was over the issue of Poland and what was to happen to it now that the war was over. Russia had been attacked through this country on numerous occasions, including World War 1 and 2 and had lost approximately 25 million people, 700 towns destroyed and their steel industry cut by half. They were keen to dominate and occupy most of the land in order to prevent any further attacks through this country. On the other hand, Britain had gone to war over Poland and was keen for it to remain independent. Also, there was a Polish Government who had been forced into exile at the beginning of the war and Britain was now keen for them to return to power. As for America, they became extremely suspicious of Russias plans and believed that Russia merely wanted to spread Communism. Unlike at the end of World War 1, they were determined not to appease Stalin as Britain had done with Hitler. It should be remembered that they did have the right to believe that Stalin only had the intentions of spreading communism through the quotation of Karl Marx. He declared that We are living not merely in a state, but in a system of states and its inconceivable that the Soviet Republic should continue to exist for a long period side-by-side with imperialist states. The Warsaw Pact and Marshall Aid are other examples of how the two great powers misunderstood each other, thus causing a start of the Cold War. Western suspicions rose to a height when Stalin refused to allow Marshall Aid to be distributed to Soviet-occupied countries. As a result, the Warsaw Pact was created in retaliation. It could have actually been an attack towards the West, or Stalin trying to hold together his buffer states and prevent them from turning to Capitalism. There are some smaller matters that show that the Cold War was the result of misunderstandings. For example, the Long Telegram, this was written by George Kennan in February 1946. George Kennan was the USAs Deputy Chief of Mission to the US Embassy in Moscow and in a telegram he declared that the Soviets were aggressive and suspicious and only a hard-line approach would contain Communism. It declared that world communism is like a malignant parasite that feeds on diseased tissue. It [the USSR] does not take unnecessary risks. Impervious to the logic of reason. It is highly sensitive to the logic of force thus, if the adversary [the USA] has sufficient force and makes clear his readiness to use it, he rarely has to do so. Taking this evidence from the eyes of a Revolutionist thinker, it can be said that George Kennan was rash and presumed this with little prior knowledge. But there were other factors which led to the beginning of the Cold War. People such as Vojtech Mastny have accused Stalin as being the sole man to cause the Cold War. He regarded Stalins foreign policy in Eastern Europe as the cause of the Cold War. His Red Army liberated land, therefore claiming it to be theirs. To the USA, this looked aggressive and a determined effort at spreading World Communism. The Berlin Blockade was the first direct attack on the West from the Soviet Union. It started when Berlin was divided into 4 parts and these 3 parts that belonged to the West were surrounded by Soviet territory. This upset and frightened Stalin as he believed that they would influence his Eastern Berlin and Germany. In rebellion, he closed of all the main routes by land, sea and road that lead into West Berlin. In response to this, America began to send in 450 aeroplanes of food and other supplies each day in order to prevent West Berlin from collapse. The America viewed all of this as a first attack on them and so serious action was necessary. But, although it may have seemed like the Soviets wanted to starve all the West Berliners to death, he probably wanted to prevent the emergence of a separate West German state under US influence (West Berlin was improving its economy greatly and the currency had even been changed). In response to all of this, America created NATO, which was a military alliance aimed against further Soviet aggression. And so, although it was seen as the first attack, there are also underlying misunderstandings to be considered. Some other explanations include the fact that it was simply inevitable. The end of the war left a power-vacuum in which countries such as Eastern Europe and Germany sucked the Powers in and so aggression would naturally occur. Louis Halle, the author of The Cold War as History once stated that the decision to eliminate German power from Europe rather than make peace was the basic cause of the Cold War. The collapse of the Grand Alliance can also have been seen as inevitable. During the Yalta Conference, the war-time allies spoke and they all generally agreed on matters. But by the time the Potsdam Conference came a few months later, Roosevelt had died and been replaced with Harry Truman and Winston Churchill had been replaced with George Atlee. Only Stalin remained and this meant that neither of the other powers really knew him. They became suspicious quickly and disliked everything he did. It can be said that as a result of all of this, the Grand Alliance was destined to collapse and then after that tensions rose and the Cold War began. Another reason can be seen in the Commonwealth and other such countries that were occupied by the Powers, only in this case it was Britain, France and Portugal who suffered the power-vacuum. Many of these countries had been promised independence if they fought with their occupying country and now that the war was over they were independent and left vulnerable to Communism. The Soviet Union would naturally spread into these countries and as a result, the USA would become suspicious of the Soviet Union. Also the fact that all the countries had suffered badly during the war (with the exception of America, whos industry had doubled) meant that they were all desperate to regain their reputation in World Status and so felt that by gaining land would they become more powerful. And so, with many of the countries trying to rebuild their prestige, arguments and suspicion would naturally arise. The USSR had also just become a World Leader and after many years of shying away, they felt that they needed to exert their power, although this could be a much debated view and one usually take by a Traditionalist thinker. There has been much debate over who really started the Cold War. A traditionalist thinker would say that it was the doings of the Soviet Union, whereas a Revolutionist would say that America was to blame and finally a Post-Revolutionist would say that it was the work of both Powers. A traditionalist would argue that Russia only had plans to spread Communism in an aggressive manner and Britain and the USA were only trying to be defensive. On the other hand, a Revolutionist would assert that it was the Americans who were all to blame and that they were aggressive even before the start of the Second World War. And so in conclusion, I would say that the Cold War was a result of mainly misunderstandings but it should be remembered that there were many other reasons as to why the USA and the USSR became so suspicious of each other, for example, the fact that there was a huge power-vacuum both around the world and in Europe and the Berlin Blockade of 1948.

Essay --

For years, media companies have being manufacturing baby learning products and they make claims that they produce specific developmental benefits. Parents have believed that their babies can learn just from watching a video repeatedly for a long time or when they are reading baby books to their babies. This lead parents to always obsessively look for ways to prove that their babies are the best among their peers. So for these parents to accomplish this, they subject their babies as early as 3 months to different baby learning products that claims to boost up a baby’s learning abilities. Learning is a â€Å"change in an organism’s behaviour or thought as a result of experience† (Lilienfeld, Lynn, Namy, Woolf, Cramer, & Schmaltz, 2013 p.210). An example was a research carried out by (Neuman, Kaefer, Pinkham, & Strouse, 2014) on randomly assigned 61 of 117 babies between the ages of 9 to 18 months with a program called Your Baby Can Read, which included flashcards, DVDs and word books. This research was carried out for seven months and the researchers found out there is no difference between...

NCMMOD4CA

The Far East business communication differs from European and American styles. Culture, religious traditions and unique Eastern values have a great impact on the personal style of negotiators and their behavior patterns. Different nations stress different aspects of the negotiations. Some of them underline substantive issues directly related to the agreement while others stress relationships. Martin et al (1999) identify four main stages of negotiation process: â€Å"relationship building;  Ã‚   exchange of information, persuasion and compromise, and concessions and agreement†. At the beginning stage of negotiations, the unique issues of the Far East business communication are importance of detailed information about business partners, asking probing questions, importance of socializing and exchange of information. Asians prefer to spend time asking questions about financial, market, manufacturing, and personal issues relevant to the negotiation. Before the meeting, Asians spend time searching for infomation about the business partner and his business relations. â€Å"The Japanese admire people who are well informed, sincere, honest, and serious about their work† (Paik, Tung 1999). Socialization involves development of personal relations with business partner. In contrast to American businessmen, Asians logic is based on spiral or non-linear bases, holistic and cyclical approaches. â€Å"Asian managers tend to analyze issues in a more systemic, circular, and interactive way as compared with American managers who often examine issues based on linear causality† (Paik, Tung 1999). In contrast to Europeans and Americans, Asians do not use argumentation and persuasive reason during negotiations.   For Asians, time is â€Å"nonlinear, repetitive and associated with events†. For Americans, time is â€Å"monochronic, sequential, absolute and prompt† (Paik, Tung 1999). For Asian businessmen, working to a common goal is the most important feature of the negotiations. This means the development of a long-term relationship. Japanese conduct negotiation in a nonlinear manner and in a distinctive style. The difference is found in motivation and the purpose of negotiations. For Americans, signing of a contrast means the final stage of negotiations while for Asians signing of a contrast implies â€Å"the beginning of a long and productive relationship† (Paik, Tung 1999). At the final stage, Japanese businessmen are concerned with the end-results and relations rather than the length of negotiations. These variables shape the values and the behavior of Asian employees and enable researchers to explain differences in the way different countries conduct their business affairs. Also, â€Å"Asian managers find the constant rotation of people involved in the negotiation process as disruptive and confusing† (Paik, Tung 1999). In spite of great differences between American and the Far East styles, researchers prove that the personal style of Asian businessmen is a mixture of Europeans business norms and practices based on unique Eastern values and religion, psychological characteristics and cultural traditions. The Far East negotiator is patient and silent, introvert and tolerant, well-informed and friendly. He follows â€Å"an indirect and harmonious style†, oriented on the end results. Sometimes, his reasoning and argumentation seems illogic to Americans. They reflect emphasis on personal relations and strategic goals, importance of seniority and organizational hierarchy. For Asians, ‘listening’ attributes are the most important. â€Å"The primary persuasive tactics in the Japanese business negotiations appear to consist of volunteering of more information and the use of silence† (Martin et al 1999). Verbal communication is on the second place. Asians use both oral and written communication during negotiations. They can involve annual reports or press releases, provide a great deal of information about the type of project they want to launch. Oral communication helps to enhance task accomplishments; second, to make sense out of content; and third, to supply the bridge between parties. The first level involves cognitive meaning, which focuses on either/or choices. â€Å"Listening’ attributes take about 45 % of negotiations time while Verbal communication takes about 20%. Non-verbal communication involves handshaking and expression of emotions. During negotiations, many Asian businessmen use â€Å"extensive non-verbal means†. Europeans and Americans rely on empirical information, logical reasoning and argumentation (verbal communication) while Asians rely on sensitivity and intuition, non-verbal signs and facial expressions. For instance, â€Å"Nunchi refers to an ability to silently understand what the other party is thinking by reading non-verbal cues, a process similar to that used in a game of poker† (Paik, Tung 1999). The vast majority of nonverbal behaviors is intuitive and is based on normative rules. Except for behaviors such as good manners or etiquette, little formal training is provided for nonverbal communication. In Asian meetings, verbal communication is highly structured and is reinforced through an extensive formal and informal learning process. There is no clear-cut linguistic structure for nonverbal communication even though researchers have found some consistencies in how Asian people interpret nonverbal behaviors. It is possible to say that for Asians the process of negotiations is ceremony which helps to establish long-term relations and business partnership. In sum, national culture and culture of business relations have an influence on communication styles, interaction and behavior patterns of the Far East businessmen. The fundamental value is the dualistic existence innate within the Asian culture and a short-term view in many interventions. While mental representations certainly are not identical, particularly in cross-cultural interactions, message producers and receivers both add meaning to communicative exchanges. Spoken words of friendly greeting in another's language might well be translated properly by interpreters, yet cross-cultural communicators will still need to know the cognitive meaning of a friendly smile in contrast to a lascivious one. An understanding of how representations are formed is first required in order to acquire the necessary cognitive tools to make sense of cross-cultural communicative exchanges in Asia. Works Cited 1.  Ã‚  Ã‚  Ã‚  Ã‚   Martin, D., Herbig, P. Howard, C., Borstorff, P. At the table: Observations on Japanese Negotiation style. American Business Review. West Haven: Jan 1999, 17 (1): 65-71. 2.  Ã‚   Paik, Y., Tung, R.L. Negotiating with East Asians: How to attain â€Å"win-win† outcomes. Management International review. Wiesbaden: Second Quarter 1999, 39 (2): 103-122.

Impact of the Internet and Media for Modern Youth

INTERNET ON MODERN YOUTH The content of the current media culture is often blind to a young person’s cultural,economic and educational background. The concept of a media culture has evolvedowing to the increased volume, variety and importance of mediated signs and messagesand the interplay of interlaced meanings. In the world of young people, themedia are saturated by popular culture and penetrate politics, the economy, leisuretime and education. At present, the global media culture is a pedagogic force that hasthe potential to exceed the achievements of institutionalized forms of education.AsHenry Giroux puts it:â€Å"With the rise of new media technologies and the global reach of thehighly concentrated culture industries, the scope and impact of theeducational force of culture in shaping and refiguring all aspects of  daily life appear unprecedented. Yet the current debates have generallyignored the powerful pedagogical influence of popular culture,along with the implicat ions it has for shaping curricula, questioningnotions of high-status knowledge, and redefining the relationship  between the culture of schooling and the cultures of everyday life. 6The concept of media culture encompasses not simply symbolic combinationsof immaterial signs or capricious currents of old and new meanings, but an entire wayof life7 in which images, signs, texts and other audio-visual representations are connectedwith the real fabric of material realities, symbols and artificialities. 8Media culture is pervasive; its messages are an important part of the everydaylives of young people, and their daily activities are structured around media use.Thestories and images in the media become important tools for identity construction. A  pop star  provides a model  for clothing and  other style choices, and language used  bya cartoon character becomes a key factor in the street credibility of young people. Under the present circumstances, there are few places left i n the world where onemight escape the messages and meanings embedded in the televised media culture.In a mediated culture, it can be difficult for young people to discern whose representationsare closest to the truth, which representations to believe, and whichimages matter. This is partly because the emergence of digitalized communication and the commoditization of culture have significantly altered the conditions under whichlife and culture are experienced. Many are still attached to the romantic image of  organic communities in which people converse with one another face-to-face and livein a close-knit local environment.Digital communication is gradually undermining thistraditional approach:â€Å"Most of the ways in which we make meanings, most of our communicationsto other people, are not directly human and expressive, butinteractions in one way or another worked through commodities andcommodity relations: TV, radio, film, magazines, music, commercialdance, style, fashion, co mmercial leisure venues. These are major  realignments. † 9In the world of young people, the media culture may be characterized primarilyin terms of three distinct considerations. First, it is produced and reproduced bydiverse ICT sources.It is therefore imperative to replace the teaching of knowledgeand skills central to agrarian and industrial societies with education in digital literacy. A similar point is made by Douglas Kellner, who contends that in a media culture it isimportant to learn multiple ways of interacting with social reality. 10 Children and young  people must be provided with opportunities to acquire skills in multiple literacies toenable them to develop their identities, social relationships and communities, whether  material, virtual, or a combination of the two.Second, the media culture of youth extends beyond signs and symbols, manifestingitself in young people’s physical appearance and movements. The media cultureinfluence is visible in how youth present themselves to the world through meansmade available by prevailing fashions; the body is a sign that can be used effectivelyto produce a cultural identity. Furthermore, various kinds of media-transmitted skillsand knowledge are stored and translated into movements of the body. This is evidentin a number of youth subcultures involving certain popular sports, games andmusic/dances such as street basketball, skateboarding and hip hop.The body is highly susceptible to different contextual forms of control. Whilethey are in school, pupils’ movements are regulated by certain control mechanismsand cognitive knowledge. In the streets, youth clubs and private spaces, however, their bodies function according  to a different logic. Informal knowledge absorbed throughthe media culture requires some conscious memorizing but also involves physicallearning, quite often commercialized. 11Third, in the experience of young people, media culture represents a sourceof pleasure and relative autonomy compared with home or school.As P. Willis states:â€Å"Informal cultural practices are undertaken because of the pleasuresand satisfactions they bring, including a fuller and more roundedsense of the self, of ‘really being yourself’ within your own knowablecultural world. This entails finding better fits than the institutionally or  ideologically offered ones, between the collective and cultural senses  Ã¢â‚¬â€the way it walks, talks, moves, dances, expresses, displays—  and its actual conditions of existence; finding a way of ‘beingin the world’ with style at school, at work, in the street. 12Experts on young people have long appreciated the complexity of the conceptof youth, especially when examined from a global perspective. The best summation is  perhaps that the concept of youth today is historically and contextually conditioned;in other words, it is relative as well as socially and culturally constructed. 13 In the presentmedia culture, the age at which childhood is perceived to end is declining, and the  period of  youth seems to be  extending upward.It is useful, however, to recall that the majority of young people in the worlddo not live according to the Western conceptions of youth. For them, childhood andadolescence in the Western sense exist only indirectly through media presentations. The same media culture influences seem to be in effect outside the Western world,  but their consequences are  likely to be somewhat different owing mainly to variationsin definitions of childhood and youth and to the different authority relationships  prevailing in individual cultures.Children and young people are often seen as innocent victims of the pervasive and  powerful media. In the extreme view, the breakdown of the nuclear family, teenage  pregnancy, venereal disease, paedophilia, child  trafficking and child prostitutionspreading through the Internet, drug use, juvenile crime, t he degeneration of manners,suicide and religious cults are all seen as problems exacerbated or even inflicted upon

Free Essays on Website Evaluation

The following evaluates Honda.com, Coca Cola.com, CNN.com and BBC.com. The evaluation emphasizes on the homepage standards, graphic layout, web design and color and fonts associated with the each website. CNN.com Home Page As we know that first impression is always critical, a homepage of a website sets the standard to the user and gives an idea how the site is going to be. In the case of CNN, the homepage is well designed for targeted users. In this case, target users are people 18 years or older. This site does not contain very fancy or colorful fonts as there are in sites that targets people under the age of 18. Design Aspects of the Home Page One important feature of web site design is ease of navigation. In the case of CNN.com, the left navigation bar is visible to the user every time they browse through different pages. Another design aspect of the page is letting the user know where they are when they browse through the website. In this case, as the user clicks through the navigation bar, and reaches a particular section, they can easily see in bold red letters on the top of the page in which section they are at the present moment. Fonts One important part of any professional website is their choice of fonts on what they are trying to present. In the case of Cnn.com, the choice of fonts is very legible and perfect for the purpose it serves. There is consistent use of the same font through the site. Font sizes and colors are well used. The color is not very flashy or dull and it compliments the background and stands out for the user to read easily. The font size is increased to emphasize particular news and colors are appropriately assigned to the type of news. Flaws One of the flaws that could be pointed out in the homepage is the amount of information that is being thrown at the user. It can be observed in the pictures above (which is only the homepage), that the user has too much information to look t... Free Essays on Website Evaluation Free Essays on Website Evaluation The following evaluates Honda.com, Coca Cola.com, CNN.com and BBC.com. The evaluation emphasizes on the homepage standards, graphic layout, web design and color and fonts associated with the each website. CNN.com Home Page As we know that first impression is always critical, a homepage of a website sets the standard to the user and gives an idea how the site is going to be. In the case of CNN, the homepage is well designed for targeted users. In this case, target users are people 18 years or older. This site does not contain very fancy or colorful fonts as there are in sites that targets people under the age of 18. Design Aspects of the Home Page One important feature of web site design is ease of navigation. In the case of CNN.com, the left navigation bar is visible to the user every time they browse through different pages. Another design aspect of the page is letting the user know where they are when they browse through the website. In this case, as the user clicks through the navigation bar, and reaches a particular section, they can easily see in bold red letters on the top of the page in which section they are at the present moment. Fonts One important part of any professional website is their choice of fonts on what they are trying to present. In the case of Cnn.com, the choice of fonts is very legible and perfect for the purpose it serves. There is consistent use of the same font through the site. Font sizes and colors are well used. The color is not very flashy or dull and it compliments the background and stands out for the user to read easily. The font size is increased to emphasize particular news and colors are appropriately assigned to the type of news. Flaws One of the flaws that could be pointed out in the homepage is the amount of information that is being thrown at the user. It can be observed in the pictures above (which is only the homepage), that the user has too much information to look t...

Asynchronous Transfer Mode Essay Research Paper Asynchronous

Asynchronous Transfer Mode Essay, Research Paper Asynchronous Transfer Mode Asynchronous Transfer Mode: Asynchronous Transfer Mode By Gene Bandy State Technical Institute Asynchronous Transfer Mode: Asynchronous Transportation Mode ( ATM ) is a # 8220 ; high-velocity transmittal protocol in which information blocks are broken into little cells that are transmitted separately and perchance via different paths in a mode similar to packet-switching engineering # 8221 ; . In other words, it is a signifier of informations transmittal that allows voice, picture and informations to be sent along the same web. In the yesteryear, voice, picture and informations were transferred utilizing separate webs: voice traffic over the phone, picture over overseas telegram webs and informations over an internetwork. ATM is a cell- shift and multiplexing engineering designed to be a fast, general intent transportation manner for multiple services. It is asynchronous because cells are non transferred sporadically. Cells are given clip slots on demand. What seperates ATMs is its capableness to back up multimedia and incorporate these services along with informations over a signal type of transmittal method. The ATM cell is the informations unit used to convey the information. The information is broken into 48-byte informations packages for transmittal. Five bytes of control informations are appended to the 48-byte informations packages, organizing a 53-byte transmittal frame. These frames are so transmitted to the receiver, where the 5-byte control informations ( or Heading ) is removed and the message is put back together for usage by the system In an ATM web, all informations is switched and multiplexed in these cells. Each ATM cell sent into the web contains turn toing information that achieves a practical connexion from inception to finish. All cells are so transferred, in sequence, over this practical connexion. Asynchronous Transportation Manner: The heading includes information about the contents of the warhead and about the method of transmittal. The heading contains merely 5 eights. It was shortened every bit much as possible, incorporating the lower limit reference and command maps for a on the job system. The subdivisions in the heading are a series of spots which are recognized and processed by the ATM bed. Sections included in the heading are Generic Flow Control ( GFC ) , Cell Loss Priority ( CLP ) , Payload Type, Header Error Control, the Virtual Path Identifier and the Virtual Channel Identifier. The Header is the information field that contains the gross bearing warhead. A GFC is a 4-bit field intended to back up simple executions of multiplexing. The GFC is intended to back up flow control. The CLP spot is a 1-bit field that indicates the loss precedence of an single cell. Cells are assigned a binary codification to indicate either high or low precedence. A cell loss precedence value of zero indicates that the cell contents are of high precedence. High precedence cells are least likely to be discarded during periods of congestion. Those cells with a high precedence will merely be discarded after all low precedence cells have been discarded. Cell loss is more damaging to informations transmittal than it is to voice or picture transmittal. Cell loss in informations transmittal consequences in corrupted files. The Payload Type subdivision is a 3-bit field that discriminates between a cell warhead transporting user informations or one transporting direction information. User information is informations of any traffic type that has been packaged into an ATM cell. An illustration of direction Asynchronous Transfer Mode: information is information involved in call set-up. This subdivision besides notes whether the cell experienced congestion. The Header Error Control field consists of mistake look intoing spots. The Header Error Control field is an 8-bit Cyclic Redundancy Code to cheque for individual spot and some multi-bit mistakes. It provides error checking of the heading for usage by the Transmission Convergence ( TC ) sublayer of the Physical bed. The Virtual Path Identifier in the cell heading identifies a package of one or more VCs ( practical channels ) .The Birtual Channel Identifier ( VCI ) in the cel heading identifies a individual VC on a paricular Virtual Path. The way is divided into channels. The pick of the 48 byte warhead was made as a via media to suit multiple signifiers of traffic. The two campaigner warhead sizes were ab initio 32 and 64 bytes. The size of the cell has and consequence on both transmittal efficiency and packetization hold. A long warhead is more efficient than a little warhead since, with a big warhead, more informations can be transmitted per cell with the same sum of operating expense ( heading ) . For informations transmittal entirely, a big warhead is desirable. The longer the warhead is, nevertheless, the more clip is exhausted packaging. Certain traffic types are sensitive to clip such as voice. If packaging clip is excessively long, and the cells are non sent off rapidly, the quality of the voice transmittal will diminish. The 48 byte warhead size was the consequence of a via media that had to be reached between the 64 byte warhead which would supply efficient informations transportation but hapless quality voice and the 32 byte warhead which could Asynchronous Transportation Manner: transmit voice without reverberation but provided inefficient informations transportation. The 48 byte warhead size allows ATM to transport multiple signifiers of traffic. Both time-sensitive traffic ( voice ) and time-insensitive traffic can be carried with the best possible balance between efficiency and packetization hold. ATM Advantages: 1. ATM supports voice, picture and informations leting multimedia and assorted services over a individual web. 2. High development possible, works with bing, bequest engineerings 3. Supply the best multiple service support 4. Supports delay near to that of dedicated services 5. QoS ( Quality of Service ) classes 6. Supply the capableness to back up both connection-oriented and connectionless traffic utilizing AALs ( ATM Adaptation Layers ) 7. Able to utilize all common physical transmittal waies ( DS1, SONET ) 8. Cable can be twisted-pair, coaxal or fiberoptic 9. Ability to link LAN to Wan 10. Bequest LAN emulation 11. Efficient bandwidth usage by statistical multiplexing 12. Scalability 13. Higher sum bandwidth 14. High velocity Mbps and perchance Gbps Asynchronous Transfer Manner: ATM disadvantages: 1. Flexible to efficiency # 8217 ; s disbursal, at present, for any one application it is normally possible to happen a more optimized 2. Technology 3. Cost, although it will diminish with clip 4. New client premises hardware and package are required 5. Competition from other engineerings -100 Mbps FDDI, 100 Mbps Ethernet and fast ethernet 6. Soon the applications that can profit from ATM such as multimedia are rare 7. The delay, with all the promise of ATM # 8217 ; s capablenesss many inside informations are still in the criterions procedure Asynchronous Transfer Mode Bibliography Mention: 1. Freeman, Roger L. ( ( 1996 ) . Telecommunication System Engineering: Third Edition. City: New York, John Wiley A ; Sons, INC. 2. Spohn, Darren L. ( 1997 ) . Data Network Design. City: McGraw-Hill Company. 3. Taylor, D. Edgar ( 1995 ) . The McGraw-Hill Internetworking Handbook. City: New York, McGraw-Hill Company. Internet: 1. Quigley, David ( 1997 ) . A Technical View of ATMs. [ on-line ] , Available: hypertext transfer protocol: //www.mathcs.carleton.edu/students/quigleyd/atmtech.html.

Close Reading Essay Example | Topics and Well Written Essays - 1500 words

Close Reading - Essay Example r breath at the ‘avant-garde style†¦ snazzy visuals†¦ snappy stories to the enthusiastic, upbeat score.†(Tasha Robinson) Anime, made in Japan is well-suited to global audiences because of its adherence to using traditional storylines but with a western flavor, and it makes it even more adaptable for â€Å"Global Web-based communities.†(Nicholas, Kyle) Western audiences are lured to the world of anime because of its unique identifying feature which is according to Horn â€Å"colorful, exciting, strange and Japanese.† (Horn 1999, p.13-31) Dating back to the 1920’s musical and film- noir style, Cowboy Bebop, O.S.T draws heavily from its musical themes. The majority of the soundtrack that was created mostly by the ‘Seatbelts’ contained a variety of elements such as pulsating techno beats, morose jazz, ofjump blues and yes, Bebop indeed without a doubt. The majority of the tracks on O.S.T 1 was a mixture of Jazz and blues. Songs such as ‘Digging My Potato’ and â€Å"Spokey Dokey† which is perhaps the most vivid song, though sounding seemingly ridiculous actually had maturity of the use of pause and space between the lyrics that is rarely found in the recordings of modern or contemporary jazz. (Sean McCarthy, 1998) Speaking of the band â€Å"Seatbelts† who were the primary musicians for almost the whole of the Bebop series are greatly hyped as one of the most progressive and futuristic bands who had gained wide popularity during 2048. The Seatbelts prided themselves in taking a whole lot of creative liberties in making use of contradictory themes such as ‘hard and soft’ and ‘peace and anarchy.’ The soundtrack of Cowboy Bebop also has two other discs titled ‘No Disc’ and the other called ‘Blue O.S.T-1 which is considered to be the prime of the lot that helped a great deal in introducing both Blues and Jazz to its audience who otherwise would not have been attracted to this particular genre. The sound created by the ‘Seatbelts’ are as