Partnership Vs Joint Venture-Free-Samples for Students-Myassignment

Question: Set up a Consultative report that Critically investigations: The key highlights of an organization when contrasted with those of a joint endeavor Enactment relevant to both the organization and to the joint endeavor The contrasts between the two business structures The preferred position and hindrances of every strategy for business association Answer: Presentation In Australia, there are various types of unincorporated business structures which can be chosen by the gatherings, so as to convey forward their business. The two key choices are that of association and joint endeavor. Settling on the choice between which one is the most appropriate for the matter of the individual requires a correlation with be settled on between the accessible decisions and to think about the various points of interest and detriments of the two alternatives. In the accompanying parts, an endeavor has been made to break down which unincorporated business structure demonstrates best for Xiaojing, Lance and Nick, especially with respect to their home grown item business. Association versus Joint Venture An association is a business course of action which happens between two or a higher number of gatherings, so as to carry on business in consolidated way and to share the benefits and misfortunes in an equivalent way. Joint endeavor then again, alludes to the business which is shaped between two or a higher number of gatherings, however temporarily period or for a predefined reason. In this manner, joint endeavor can be esteemed as an association attempted temporarily period or for undertaking just a specific errand. This makes the ambit of association very bigger than that of a joint endeavor. A joint endeavor is shaped where two distinct firms meet up to maintain a typical business temporarily period; though an association is framed for conveying brought together business as a going worry by various accomplices (Latimer, 2012). In Australia, each state and domain has their own association demonstration, which applies over the organizations attempted in that locale. For example, in the locale of New South Wales, the Partnership Act, 1892 is material; and for Victoria, the Partnership Act, 1958 applies (Australian Government, 2017). In Australia, a joint endeavor can be set up in a legally binding way, as a corporate or in certain predetermined habits. The way of development of agreement directs the guideline of joint endeavor. At the point when the equivalent is framed in legally binding way, it is controlled through agreement law; when it is drawn as a corporate, the Corporations Act, 2001 (Cth) applies; and relying on the other structure, different laws apply (Handley, Knox, Davis, Caddy Zambotti, 2017). Consequently, for joint endeavors, there is no bound together or specific law which applies, as is as yet present in instances of organization, through various yet normal association acts. In an organization, the matter of the association firm is carried on by the accomplices, though, in a joint endeavor, the business is carried on by the gatherings of the joint endeavor. A key component of association firms is that minors can be accomplices in an organization firm and along these lines, can acquire the advantages of the organization firm. In any case, a minor can't be involved with the joint endeavor. An association is framed with the point of continuing it for quite a while and is regarded as a going concern; though the joint endeavor is made for a specific period (Gibson Fraser, 2014). The joint endeavor understandings generally spread a proviso of the way in which the joint endeavor is to be sold. It additionally gives the way where the benefits (or misfortunes) would be shared between the gatherings upon the finish of time of joint endeavor or upon the opposition of the undertaking for which the joint endeavor had been shaped. Along these lines, a joint endeavor g ives the way of its end. The association then again is finished through disintegration of organization firm, inferable from the demise of accomplices or a stop being the accomplices (Singh, 2015). It is significant for an organization to have an exchange name, which isn't a commitment for the joint endeavor. With regards to the ascertainment of benefits, the equivalent is done in organizations in a yearly way; and for joint endeavors, it is done when the endeavor is finished or according to the term secured under the joint endeavor understanding. The valuation of the joint endeavor is done at its end, while the valuation of the organization is done each time another accomplice is included or an old accomplice leaves the association firm. It is mandatory to keep up discrete books of records in instances of organizations, while the equivalent isn't a commitment for the joint endeavors. The point of organization is to gain benefits, though in joint endeavors, the key point is to satisfy the endeavor which has been attempted and all the while procure benefits (Gabriel Marcus, 2010). Each structure has its own preferences and inconveniences. In an organization, the greatest disadvantage is that the accomplices have boundless obligation. This implies the accomplices can be made by and by obligated for the obligations of the organization. Aside from this, upon the passing of all the association, the organization reaches a conclusion. Likewise, each accomplice is mutually and severally at risk towards the organization firm and the office law makes the firm subject for the demonstrations of the accomplices. In any case, there are various advantages of association as in it is anything but difficult to build up and the expense of beginning an organization is extremely low; a higher asset accessibility is additionally achieved both in budgetary and non money related terms, including the ability pool; there is a breaking point on outer guidelines; and the matter of accomplices stays an exclusive arrangement (Tasmania Government, 2017). A joint endeavor has benefits as it permits the ability to be expanded, permits new markets and circulation systems to be gotten to, permits access to higher assets as two firms consolidate their assets; and furthermore permits imparting dangers and expenses to the co-adventure party. The downsides of joint endeavor incorporate significant expense of setting up; absence of lucidity in duty; absence of legitimate authority; and the absence of full enthusiasm of the gatherings inferable from the equivalent being carried on for a predefined period (Invest Northern Ireland, 2017). End In the former parts, the conversation continued featured the various parts of organization and joint endeavor. Based on the examination carried on between the two structures, it is prescribed to Xiaojing, Lance and Nick to select an association structure for maintaining their natural item business, especially because of the going concern status and the simplicity of development of organizations. References Australian Government. (2017). Organization. Recovered from: https://www.business.gov.au/data/plan-and-start/start-your-business/business-structure/business-structures-and-types/association Gabriel, J., Marcus, A. (2010). Money related Accounting. New Delhi: Tata McGraw Hill. Gibson, A., Fraser, D. (2014). Business Law 2014 (eighth ed.). Melbourne: Pearson Education Australia. Handley, A., Knox, M., Davis, B., Caddy, M., Zambotti, L. (2017). Joint endeavors in Australia: review. Recovered from: https://uk.practicallaw.thomsonreuters.com/0-616-8149?transitionType=DefaultcontextData=(sc.Default)firstPage=truebhcp=1 Contribute Northern Ireland. (2017). Joint endeavors and business organizations. Recovered from: https://www.nibusinessinfo.co.uk/content/joint-adventure advantages and-dangers Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Singh, S. (2015). Distinction Between Joint Venture and Partnership. Recovered from: https://keydifferences.com/distinction between-joint-adventure and-partnership.html Tasmania Government. (2017). Organization points of interest and weaknesses. Recovered from: https://www.business.tas.gov.au/beginning a-business/picking a-business-structure-introduction/organization favorable circumstances and-detriments

Analysis of Articles about Warm Bodies Movie Annotated Bibliography

Examination of Articles about Warm Bodies Movie - Annotated Bibliography Example The writer perceives the uniqueness of the zombie in warm waters film contrasted with different zombies found in motion pictures or read in books. The creator attempts to examine the commitment of â€Å"R† as the primary character. The article will be principal in getting zombies, the job of â€Å"R,† and how the film caught teenagers eye. In that capacity, the article is ebb and flow and applicable to auditing the film, Warm waters. Hamilton, Mary. â€Å"Warm Bodies: what our relationship with zombies says about us.† The Guardian, 8 February 2013. Web. 16 March 2015. < http://www.theguardian.com/commentisfree/2013/feb/08/living, breathing people film-zombie-love-affair> The article by Mary Hamilton shows how our associations with zombies state about our way of life. The creator figures that Warm Bodies is a zombie rom-com that attacks mainstream awareness. The article declares that zombie films have been drawing in enormous consideration in the ongoing past. The creator presents the social criticalness of zombies and notes that zombies portray human forlornness and capacity to manage the debacle. As per the writer, the social criticalness of zombies has changed after some time and perceives the scourge of zombie culture found in books, movies, games, and zombie encounters. The article guarantees that the film, Warm Bodies is simply one more zombie story where zombies are human yet act like beasts. The crowd can utilize the article to comprehend the effect of zombies on our way of life where refining beasts identifies with the acknowledgment of our dull societies. The diary article by Kevin Johnson shows how the principle character â€Å"R† is unique than different zombies found in films or read about in books. The article delineates R as a legend who endure a plague. In contrast to different zombies, the creator shows that R (Nicholas Hoult) delineates a high reasoning limit while he was meandering through an airport.â  â

Startups Show Off Whartons Entrepreneurial Chops

Startups Show Off Whartons Entrepreneurial Chops by: Andrea Carter on May 01, 2018 | 0 Comments Comments 133 Views May 1, 2018Three Penn Medical students took the first-place prize of $30,000 at the Penn Wharton Startup Showcase. Their startup, Sanguis, sells an at-home device for patients to monitor their health during chemotherapy treatmentThe University of Pennsylvania’s Wharton School may be known for churning out investment bankers and finance professionals, but the second annual Penn Wharton Startup Showcase on Friday (April 27) proved there is a thriving startup scene inside the school as well. An entrepreneurship competition that started in January came to a close last week with a culminating event showcasing eight finalists who survived multiple rounds of judging and outlasted hundreds of students who took part in the Shark Tank-style event.The top prize of $30,000 plus $15,000 in in-kind business services was presented to startup Sanguis, whose eponymous device was pitched as a personalized chemotherapy companion that reduces infections from chemotherapy side effects. The at-home, easy-to-use device monitors neutrophil counts inside a person’s cells and alerts patients if their counts are dangerously low. BIG CROWD WELCOMES 8 TEAMSIt was a packed house inside a Huntsman Hall auditorium as eight teams filed in one after the other to present their startup ideas to an esteemed panel of Penn alumni judges. As each team presented, two themes quickly emerged: problem solving and disruption. Katherine Sizov, Penn undergraduate student in the College of Arts Sciences and CEO of Strella Biotechnology — a biotech startup that uses sensors to predict fruit ripeness and help reduce food spoilage and waste — described the current supply chain for fruit this way: â€Å"This industry is ‘ripe’ for disruption.† The Strella team was a crowd favorite in the showcase, walking away with three prizes totaling $15,000, one of them being a social impact prize for $10,000. EVENT DRAWS CROSS-DISCIPLINARY COLLABORATION AMONG STUDENTSKarl Ulrich is Vice Dean of Entrepreneurship and Innovation at WhartonStudents participating in the competition came from all majors and disciplines across the university and ranged from undergrad and grad students to MBAs and Ph.D.s, a welcome trend for event organizers who say they are delighted by the cross-disciplinary, multi-level collaboration taking place. Karl Ulrich, Whartons vice dean of entrepreneurship and innovation, told PoetsQuants he attributes this in part to a rebranding that took place two years ago. â€Å"Instead of calling it the Wharton Business Plan Competition, it’s the Penn Wharton Startup Showcase, so we emphasized Penn and the university. I am pleased with the level of cross-university participation.â€Å"Wharton had, for 18 years, run a business plan competition. The new name represents a repositioning of that long tradition. We wanted to emphasize that creating a new business is a process. That’s why we’ve called the process the Penn Wharton Startup Challenge, and then this event the Penn Wharton Startup Showcase.† ARE YOU A DISRUPTOR?The six-member judging panel didn’t hold back, drilling students on their process and pressing them for explanations about the risks involved with their companies, plans to reduce said risks, long versus short sales cycles, marketing strategies, and who or what industries stood to be disrupted by their proposed startups. For their part, the student teams appeared unrattled by the tough questions, leaving judges with an equally tough task to identify first-, second-, and third-place winners. One judge, David Cohen, a four-time Penn alumni parent and CEO of Karlin Asset Management Inc., described it this way: â€Å"I had two thoughts listening to these presentations. The first is, each one was so well done with so much thought put into each idea and present ation. It was a really tough job. In 12 years I’ve been judging this competition, this is the most impressive class of finalists I can remember. My second thought was, I’m very grateful I’m not a student. There is some really great competition.†AWARDS FOR MOST PROMISING SOCIAL IMPACT, INNOVATION, MOREBrandon Kao (School of Engineering), Rui Jing Jiang (Wharton), and Adarsh Battu (Wharton). The trio of undergrads takes third place in the Penn Wharton Startup Showcase for their company aiming to help fight glaucoma.In the end, the second-place prize of $15,000 was awarded to MD Ally, an emergency telehealth company seeking to reduce the use of 9-1-1 and ER resources for non-emergency issues; and the third-place prize of $10,000 went to Avisi Technologies, which makes a nanoscale drainage implant for the eye to help fight glaucoma. Each of the three winning teams also earned an additional $15,000 in legal, accounting, and business strategy services.Awards wer e also given for most promising social impact, people’s choice, innovation, and the top team of majority undergraduate students. Prior to the eight finalist presentations, the Penn Wharton Startup Showcase involved a gallery of 27 semi-finalists gathered inside Wharton’s iconic Baker Forum. There were elevator pitches — inside actual elevators — as the school showcased a bustling community of innovation and entrepreneurship. School officials say event attendees each year include students and faculty as well as actual venture investors and backers looking to keep abreast of potential opportunities. ‘IF YOU’RE INTERESTED IN ENTREPRENEURSHIP, THIS IS A GREAT PLACE’To this end, Vice Dean Ulrich says the event shows Wharton is more than just a place for future bankers. While the school is proud of its strengths in that area, the perception of Wharton as a finance school actually hasn’t been true for a long time, he says. â€Å"To gi ve you an example, in the Wharton undergraduate class last year, less than 50% went into financial services. Ten years ago it was higher — it may have been as high as 70% — but it’s under 50% now, Ulrich says. So the reality is that Wharton is very much a finance and other things school and that’s been true for some time. Our message is, if you’re interested in entrepreneurship, Wharton’s a great place. There are tremendous resources, not just in terms of dollars, but also in terms of this vast mentoring network because of just how big and accomplished our entrepreneurial alumni are.†DONT MISS:  WHARTON CORRESPONDENT: ITS OK IF FINANCE ISNT YOUR PASSION  or  WHARTONS MOST POPULAR MAJOR IN THREE YEARS? BUSINESS ANALYTICS Page 1 of 11

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Lord of the Flies Literary Analysis - 853 Words

Lord of the Flies, a novel by William Golding, reflects upon the very core of human beings. Golding described human beings as innately evil. He also showed readers that all it takes to bring humans’ true nature out is by being in an unknown environment that is free of laws. Being surrounded by mysterious creatures in an unknown land, the stranded boys are left for dead. In the small world without adults, the boys slowly corrupt in to follow their instinct to satisfy their immediate desires. By being in a microcosm of society with no rules or restriction, the boys begin to seek absolute power. By setting the novel in an island without adults, Golding shows how civilization can quickly deteriorate into savagery. The theme of peace†¦show more content†¦The breaking of Piggy’s glasses symbolizes many things. First of all, it symbolizes that many of the boys are having a conflict between their instinct to live peacefully and their instinct to satisfy their im mediate need. Secondly, it represented the turning point of the novel. And finally, the breaking of Piggy’s glasses symbolizes a break in the boys’ teamwork. After this event, a split between Ralph and Jack was evident. Near the last scenes of theShow MoreRelatedLord Of The Flies Literary Analysis1534 Words   |  7 Pagesthe most scrutinous detail to his plethoric of symbolism seen throughout the novel, it is clear that he is an experienced writer. From his other books like The Inheritors and The Scorpion God it can still be seen that one of his earlier books, Lord of the Flies, is truly one of his greatest masterpieces. That book would also be the topic of this essay, and from the very beginning was obviously a piece of literature that has aged well despite its year of publish. From the stranding on the island to theRead MoreLord Of The Flies Literary Analysis1546 Words   |  7 Pagesoverruns them and evil starts to lurk over the island.The fictional story of t he group of British schoolboys stranded on an island and the decisions they make, relates back to our society and the decisions we might make in a difficult situation. Lord of The Flies is Golding’s attempt to trace the defects of society back to the defects of human nature. The use of symbols in the novel to represent the flaws of human nature, helps create this theme. The conch is one of the main objects the boys use and hasRead MoreLord Of The Flies Literary Analysis1406 Words   |  6 PagesGolding’s Lord of the Flies, the book is rich with symbolism and subtext. The story starts with British school boys being stranded on an island after escaping a threat of nuclear war. The boys elect fair-haired Ralph as their leader, but Jack, a fiery choirmaster of some of the boys, is jealous and the story quickly goes downhill from there, leading to aggression, mayhem, and murder. Throughout the novel, there is also a mysterious and imaginary beast that haunts the minds of t he younger boys. Lord of theRead MoreLord Of The Flies Literary Analysis1465 Words   |  6 Pagesonce wrote, Every life is a march from innocence, through temptations, to virtue or vice (Abbott 7). This march, as Abbott puts it, is maturation. Inevitably, everyone must experience these phases, ending either in, good or evil. The novel, Lord of the Flies by William Golding, examines these very steps towards maturity. More specifically, Golding displays through the character Ralph; the phases of psychological maturity. Ralph throughout his experiences on the island will progress and regress inRead MoreLord Of The Flies Literary Analysis1191 Words   |  5 Pages â€Å"Lord of the Flies† written by William Golding and published in 1954 is an allegory and social commentary that takes place on a deserted tropical island. An island that becomes populated when a plane crashes and leaves British schoolboys stranded. The group of boys attempt to recreate the civilization they came from, by choosing a leader: Ralph but, Jack wants to lead also, which causes the boys to little by little leave civility and form into savages. The microcosm Golding creates exploresRead MoreLord Of The Flies Literary Analysis1101 Words   |  5 PagesIrony is a literary technique utilized by writers in an attempt to convey a message different than its literal meaning. For this reason, this technique used often in satirical writing, such as Lord of The Flies by William Golding. Irony is an important element in literature as it provides writers with a vehicle to communicate a deeper, more meaningful message. In his literary critique, How To Read Literature Like a Professor, Thomas C. Foster emphasizes the significance of irony in literature, statingRead MoreLiterary Analysis Of Lord Of The Flies2183 Words   |  9 PagesThe title Lord of the flies is noteworthy with respect to the novel. First, the word Devil is a Hebrew translation of the novel’s title Lord of the Flies in which the Devil represents the dark and evil of the underworld. This concept of darkness and evil is perceived throughout the novel as we obs erve the boys use their survival skills. An example of this is when we first meet the boys they appear to be well behaved British boys, but as their need for survival strengths we realize these boys mayRead MoreLord Of The Flies Literary Analysis2085 Words   |  9 Pages The Lord of the Flies demonstrates survival, cooperation, and friendship, and how hard those things are to achieve. It was written in 1954 by William Golding. There are several kids who are involved in a plane crash, and land on an uninhabited island, so they must use their resources to survive as a group. There are many boys, Ralph, Jack, Piggy, Simon, and many others, with no girls. Fights, challenges, and jealousy takes them over and their civilization they created starts to shake. The conflictsRead MoreLord Of The Flies Literary Analysis Essay1657 Words   |  7 Pagesnovel, Lord of the Flies, is a tale like no other. It’s a story of perseverance, determination, survival, and emotion. Golding does a superb job displaying these traits and so many more throughout this story of fighting, not for your life, but to the death. The authors style is one unlike any other I’ve read. I love emotion. I’m not sure if it’s the way it makes me feel or how it can help me relate to the reading, but for some reason I love it. That’s why my favorite style displayed in Lord of theRead MoreLord of the Flies Literary Analysis Essay709 Words   |  3 PagesGreed for Power In the novel Lord of the Flies, by William Golding, a group of English boys in their adolescence are stranded on an island. They crash-land while being evacuated because of an atomic war, so the boys must learn to cooperate with each other in order to survive. The boys are civil at first, but the bonds of civilization unfold as the rapacity for power and immediate desires become more important than civility and rescue. The conflict between Ralph, the protagonist, and Jack, the antagonist

Arbitration of Disputes-Free-Samples for Students-Myassignmenthelp

Questions: 1.In the absence of choice of law critically analyse and explain the options that are available for the interpretation of the Contract. 2.The rules of arbitration help Companies to hold their trade secrets to their chest. Critically examine this statement by accentuating the divergence in procedures,merits in application of the state judiciary structure and that of arbitral institutions in times of dispute. Answers: 1.With the increasing globalization, it is quite often that the contract tends to contain certain foreign elements. This gives rise to a pertinent question so as to determine the applicable law which applies to the given situation. This problem arises due to interplay between a plethora of interconnected factors which include the performance place, payment place, business place, underlying payment current coupled with nationality of the underlying parties involved. In order to manage this problem, Rome convention through the enabling provisions tends to provide the contracting parties the choice of law through which they can determine either implicitly or explicitly the applicable law in case of any contractual dispute. The importance of this can be adjudged from the fact that the presence of this has become a lynchpin of international contracts (Fawcett and Torremans, 2011). However, there are certain contracts where the choice of law is absent and thus interpretation of such contracts poses a significant challenge. One way for contractual interpretation in the absence of choice of law is obtained from common law. In accordance with the common law, in such a situation the applicable law for contractual interpretation would be one which tends to have closest and most real connection with the given transaction (Marshall, 2012). The common law approach has been criticised by academicians, lawyers and practitioners alike due to underlying ambiguity in the language which makes it quite difficult to apply. When there is even balance in terms of the physical factors, the common law solution of applicable law leads to high degree of uncertainty for the contracting parties. Considering the nature of solution, the judge tends to have high amount of discretion which invariably leads to dissatisfaction over the decision by either party (Tang, 2008). A radically different but more certain approach to interpret contractual clauses is provided by Rome I Regulations. The first step under this exists in the form of art4(1), which outlines the fixed governing rules that exist for eight different form of contracts. In the event of the underlying contract to be interpreted lying outside the ambit of the defined eight categories of art4(1) or lying in more than one category, then art4(2) would be applicable. As per this article, for determination of applicable law, presumption of characteristic performance needs to be applied (Marshall, 2012). The presumption tends to highlight that the applicable law would essentially be the same as the underlying contractual law existing in the nation/country which hosts the habitual residence of the party which needs to ensure the contractual characteristic performance (Tang, 2008). Even though this provides larger clarity when compared to the corresponding commentary offered by common law, but considering the complex nature of cross=border legal transactions, this concept is also difficult to apply. In case of failure to ascertain the applicable law under both art4(1) and art4(2), art4(4) needs to be applied. In accordance with art4(4), an escape clause is provided in the form of closest connection test (Marshall, 2012). This clause provides a higher degree of clarity and certainty in comparison to a similar test prescribed by the common law and hence curbs the wide flexibility currently being extended to the judges. Also, it is noteworthy that while deploying the escape clause under art4(4), a significant emphasis is given on the underlying context and facts related to each case which tend to alter the decision given (Tang, 2008). While the Rome 1 Regulations tend to a superior choice for contractual interpretation in contrast to common law, but it also has immense set of criticisms. To begin with, the eight fixed categories of contract are way too less considering the contractual scope in the present day business. There is an urgent need to build on these pre-existing contract categories and based on common commercial transactions, it is required to expand this list (Marshall, 2012). Further, refinements in usage of art4(2) are required so as to simplify the overall application. Besides, the escape clause also has two major shortcomings namely the phrasing of the clause in geographical terms and also in the current form, separate issue based evaluation is not possible. This makes the escape clause vulnerable to mechanical application and also stalemate in case of balancing factors (Dickinson, 2010). In the wake of the above shortcomings in the present regulations, it makes sense that a national law must be framed on the lines of Rome I Regulations but attempts must be made to overcome the various shortcomings that have been identified above. However, at the same time, the basic architecture needs to be retained while fine tuning the provisions so as to enhance easy of application, predictability and satisfaction of contractual parties (Marshall, 2012). 2.In the modern business era, financial resources are available in abundant but the key requirement for business success is knowledge which is apparent from the rise of patents and the use of patented technology. In a communication revolution where information can be transmitted globally within minutes, it has become of critical essence to the businesses to preserve the confidentiality of their trade secrets so as to maintain their competitive edge. As the importance of these trade secrets have surged so have the disputes involving the same particularly with regards to ownership claims. With the existence of these disputes, it is imperative that a suitable mechanism be available so as to resolve these issues in a just manner while ensuring speed (Fawcett and Torremans, 2011). Two of the most common measures available in this regard are arbitration and civil proceedings using the state judiciary. It is imperative to critically analyse the procedure and the utility of each of these mea sures particularly with regards to maintaining the confidentiality of their respective trade secrets. Arbitration on account of the private hearings are thought to be a better choice with regards to confidentiality and protection of trade secrets. Even though in international rules related to arbitration outlined by ICC, UNICTRAL and CPR but private arbitration may also be governed by national laws related to arbitration. This is especially the case when the two disputing parties are based in a particular country and hence private arbitration is usually governed by applicable national law on the subject especially in the developed world. However, recently, there has been variation in the legal stance especially with regards to implied confidentiality in case of arbitration which leads to unpredictability. There are countries such as Sweden, Australia and USA which through judicial cases at different levels has denounced the implicit assumption of confidentiality while UK has preserved the same (Sarles, nd).. Additionally, it has been found that with regards to emergencies situations, the arbitration does little to prevent damage by way of providing injunction which is better served by the state judiciary. Arbitration normally focuses on providing damages in the form of arbitral awards which are usually binding in nature. One of the advantages of the arbitration is the existence of flexibility in terms of judicial procedures and evidence mechanism which can enable speedy disposal of cases particularly in case of non-administered arbitration (Samuel, 2017). Further, arbitral awards usually cannot be challenged unless there is some glaring discrepancy which violated the natural justice principle and hence ensures limited litigation. The process of arbitration typically involves the appointment of an arbitrator, sharing of material documents between parties, discovery of evidence before the proceedings actually commence. After the commencement of proceedings, the tribunal or the arbitrator announces the arbitral award (Marsh, 2011) On the other hand, civil proceedings can also be initiated in cases involving trade secrets. In majority of the developed countries unlike in the past, there has been a realization of the need to keep information confidential especially which can materially impact the legitimate interest of the involved parties. Further, the courts in these countries have increasingly warmed to the idea of in camera and private proceedings and withholding information from the public domain. Also, the under seal filing provision has increasingly becoming common coupled with passage of protective order such as injunction so as to ensure that intellectual rights and trade secrets are not compromised. Further, a pro-confidentiality approach taken by the courts especially in the US is apparent from the verdicts pronounced in cases like Gates Rubber v. Bando Chemical Industries, 9 F.3d 823(October 19, 1993) and In re Iowa Freedom of Information Council, 724 F.2d 658 (8th Cir. 1983). However, the critical a spect is that the court does not act on the advice of the concerned party with regards to terming a document as trade secret and makes an independent evaluation of the same. While, in the earlier times, this may have been problematic considering the limited technical knowledge about the same but the existence of specialised courts and tribunals to decide on specific matters, this ensures that the protection provided is not abused (Legal Intelligencer, 2014). Based on the above discussion, it would be fair to conclude that where in nations where state judiciary is developed with regards to deciding on cases related to patent law and trade secrets, it must be preferred over arbitration with regards to matters of confidentiality. However, in jurisdictions where the law has not developed, it is better to deploy arbitration considering the existence of global rules fostering confidentiality. References Dickinson, A. (2010) Rebuttable Assumptions, Lloyds Maritime and Commercial Law Quarterly Vol.27 No.2,pp. 32-37 Fawcett J.J. and Torremans, P. (2011), Intellectual Property and Private International Law, 2nd edn. New York: Oxford University Press Legal Intelligencer (2014), MINIMIZING DISCLOSURE OF TRADE SECRETS IN CIVIL LITIGATION, Blank Rome Website, [Online] Available at https://www.blankrome.com/index.cfm?contentID=37itemID=3275 [Accessed August 5, 2017] Marsh, J. (2011), Arbitration and Trade Secrets: Avoiding the Trap,Trade Secrets Litigator Website, [Online] Available at https://www.tradesecretlitigator.com/2011/05/agreements-requiring-the-arbitration-of-disputes-are-generally-perceived-as-being-pro-business-but-do-they-really-help-a-business-in-the-trade-secret-context/ [Accessed August 5, 2017] Marshall, B.A. (2012) Reconsidering the Proper Law of the Contract, Melbourne Journal of International Law, Vol.13 No.2, pp. 9-44 Samuel, M. (2017), Confidentiality in International Commercial Arbitration: Bedrock or Window-Dressing?, Kluwer Arbitration Blog, [Online] Available at https://kluwerarbitrationblog.com/2017/02/21/confidentiality-international-commercial-arbitration-bedrock-window-dressing/?print=print [Accessed August 5, 2017] Sarles, J.W. (n.d.), SOLVING THE ARBITRAL CONFIDENTIALITY CONUNDRUM IN INTERNATIONAL ARBITRATION, Mayer Brown Website, [Online] Available at https://m.mayerbrown.com/Files/Publication/cc689d95-b8ba-4179-b72f-08b83ec47ad1/Presentation/PublicationAttachment/917049de-2412-4695-894d-09fc7f42c303/Confidentiality.pdf [Accessed August 5, 2017] Tang, Z. (2008) Law Applicable in the Absence of Choice The New Article 4 of the Rome I Regulation, Modern Law Review, Vol. 71 No. 5, pp. 785-800

Oliver Essays - English-language Films, British Films,

Oliver Twist And Anti Semism Charles Dickens being anti-Semitic when portraying the character Fagin as "the Jew", in his classic story Oliver Twist, or was he merely painting an accurate portrait of the 19th Century Jew in England? Some critics seem to believe so. Though there are no indications of neither anti-Semitic nor racist slurs throughout the story, Dickens' image turned out to follow the path of his time and place in history. The result is an enlightened picture of Victorian England's image of the Jew. The attitude towards Jews and Jewishness in 19th Century England demonstrates that Dickens was a man of his time. His attitude reflected the common British belief that Jews were villainous thieves. Fagin, a thief, is described by Dickens as "a very old shriveled Jew, whose villainous and repulsive face was obscured by a quantity of matted red hair"(Dickens 87). This common depiction of the Jew was accompanied by the stereotype that they had big noses and lured orphaned children into their filthy dens and turned them into derelicts. He was a thief because he did not have any skills, nor was he welcome anywhere. On the other hand, to describe Fagin in any other light would have to give the impression that Jews just might be humans after all. In reading this story, I discovered Fagin to be somewhat likeable and misunderstood. Though revolting to look at, having a repulsive disposition, and having manners and hygiene left to be desired I could not help but to feel sorry for the old guy. All he wanted to have was security in his old age. For example, when Fagin sees Oliver looking at him while admiring his treasures, Fagin asks the boy if he had seen any of his pretty things. Oliver tells him that he did. "Ah!" said the Jew, turning rather pale. "They- are mine, Oliver; my little property. All I have to live upon, in my old age. The folks call me a miser, my dear. Only a miser, that's all" (Dickens 1961: 91). I also found Fagin to be very charming in instances, almost likeable and having some redeeming qualities. Another example of Fagin's humanity is seen in the way he treats Oliver. Although Oliver plays a totally utilitarian role to Fagin, he becomes protective of him, even though the motives are purely selfish. When not being watched, Fagin has great self-control, even under duress. He is always cautioning Sikes against violence. There are some signs that Fagin still has a shade of humanity left in his perverted character. Several times throughout the story he exhibits some kindness towards Oliver. He checks his motives before he acts. Though the reader is still at bay with his actions, he still seems to have some sort of a conscience. It could be argued that Fagin and Oliver are somewhat similar. Though the reader does not see this at first, more in depth reading reveals that Oliver and Fagin mirror each other in who and what they are. Oliver, a boy without a home, Fagin, "The Jew", without a country. Fagin, in fact, is not seen as an Englishman. He is Jewish, which is a race all its own. Fagin is the outsider, unlike Oliver. His Jewishness places him at even more a disadvantage than Oliver's orphaned status. Both characters echo each other in asking for more; they are placed in oppositions so that for Oliver to claim his rightful place in society, Fagin must die. Dickens' stereotypical association of Fagin with a class of criminal perceived by him as almost invariably Jewish is based on a particular awareness of the commonly accepted wicked practices of this kind of Jew. Dickens' stereotypical association of Fagin with a class of criminal perceived by him as almost invariably Jewish is based on a particular awareness of the commonly accepted wicked practices of this kind of Jew. In Dickens and his Jewish Characters, Dickens answers a letter from a Jewess woman who wrote him concerned with the fact that Dickens may be in fact an anti-Semitic and wanted to allow Dickens to reply as to why the characterization of Fagin. His response was that "Fagin in Oliver Twist is a Jew because it unfortunately was true, of the time to which that story refers, that the class of criminal almost invariably was a Jew" (Dickens 1918:9). Critical reviews have been inclined to argue that Fagin is only a Jew in no more than name. "His main claim to Jewishness", contends critic Harry Stone, "is the fact that

Mary McLeod Bethune Quotes

Mary McLeod Bethune Quotes Mary McLeod Bethune was an educator who founded Bethune-Cookman College and served as its president. Mary McLeod Bethune served in several capacities during the Franklin D. Roosevelt administration, including head of the Division of Negro Affairs of the National Youth Administration and advisor on selecting officer candidates for the Womens Army Corps. Mary McLeod Bethune founded the National Council of Negro Women in 1935. Selected Mary McLeod Bethune Quotations Invest in the human soul. Who knows, it might be a diamond in the rough. I leave you love. I leave you hope. I leave you the challenge of developing confidence in one another. I leave you respect for the use of power. I leave you faith. I leave you racial dignity. We live in a world which respects power above all things. Power, intelligently directed, can lead to more freedom. Next to God we are indebted to women, first for life itself, and then for making it worth living. The true worth of a race must be measured by the character of its womanhood. Whatever glory belongs to the race for a development unprecedented in history for the given length of time, a full share belongs to the womanhood of the race. If our people are to fight their way up out of bondage we must arm them with the sword and the shield and the buckler of pride. If we accept and acquiesce in the face of discrimination, we accept the responsibility ourselves. We should, therefore, protest openly everything ... that smacks of discrimination or slander. I do feel, in my dreamings and yearnings, so undiscovered by those who are able to help me. For I am my mothers daughter, and the drums of Africa still beat in my heart. They will not let me rest while there is a single Negro boy or girl without a chance to prove his worth. We have a powerful potential in our youth, and we must have the courage to change old ideas and practices so that we may direct their power toward good ends. There is a place in Gods sun for the youth farthest down who has the vision, the determination, and the courage to reach it. Faith is the first factor in a life devoted to service. Without it, nothing is possible. With it, nothing is impossible. Whatever the white man has done, we have done, and often better. You white folks have long been eating the white meat of the chicken. We Negroes are now ready for some of the white meat instead of the dark meat. If we have the courage and tenacity of our forebears, who stood firmly like a rock against the lash of slavery, we shall find a way to do for our day what they did for theirs. I never stop to plan. I take things step by step. Knowledge is the prime need of the hour. Cease to be a drudge, seek to be an artist. The whole world opened to me when I learned to read. From the first, I made my learning, what little it was, useful every way I could. Related Resources for Mary McLeod Bethune Mary McLeod Bethune BiographyAfrican American Women More Womens Quotes: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Explore Womens Voices and Womens History Womens Voices - About Womens QuotesPrimary SourcesBiographiesToday in Womens HistoryWomens History Home About These Quotes Quote collection assembled by Jone Johnson Lewis. Each quotation page in this collection and the entire collection  © Jone Johnson Lewis. This is an informal collection assembled over many years. I regret that I am not be able to provide the original source if it is not listed with the quote. Citation information:Jone Johnson Lewis. Mary McLeod Bethune Quotes. About Womens History. URL: http://womenshistory.about.com/od/quotes/a/mary_bethune.htm . Date accessed: (today). (More on how to cite online sources including this page)

Current Economic Situation Essay Example | Topics and Well Written Essays - 250 words

Current Economic Situation - Essay Example As a result, the USA witnessed a growth in suburbs. Then the 1970’s recession destroyed the predominantly industrial cities and created a way for the growth of the knowledge sectors and new geographic centers. The economy suffered from the inefficiencies arising from the manufacturing era. The West Coast experienced a boom, but many cities focused on cheap yet appreciating housing, turning it into its main industry. Yet, as Florida (2009) outlined in his article, such development was too one – sided so that once the crisis occurred, the housing markets crashed, as did the local economy’s major industry. On the other hand, places such as New York have survived and will remain centers of innovation and progress. The latest developments have favored flexible, innovative and international labor force. Moreover, areas harboring such labor force are also diverse in terms of the skills and services these individuals provide. Such a labor force creates new ideas and easily takes over the economy once one segment of that economy falters. For example, whereas the finance, housing and industrial sector suffered, academics and scientists benefitted from this crisis, and so did the cities harboring them, thus creating new spatial fixes around which new forms of social structures will form. The social structure will change over the next decade or more. According to Florida (2010), the high paying workers will profit from their creativity just as the workers in the manufacturing areas benefitted after the Great Depression. Moreover, suburbs and their communities will become denser, more diverse and connected, responding to the need for fast communication, production and delivery of ideas. A change in homeownership will arise, where renting will become more widespread, increasing mobility of workers. In short, Harvey (2001) borrowed the term

Asses the role and significance of the British Empire for the Essay

Asses the role and significance of the British Empire for the development of the nineteenth century international economy - Essay Example As compared with other powers that were not able to leverage an empire, or an empire of the sheer size and breadth/complexity and diverse peoples and markets as that which the United Kingdom had, were not nearly so competitive during this time. In such a way, these competitive powers help to show the level to which the United Kingdom’s dominance was nearly supreme. As a means of understanding this actuality, the reader should consider that the United Kingdom’s empire afforded it two extremely essential resources towards achieving and maintaining dominance within economics. These two factors were the markets which the existence of the empire afforded as well as the raw materials which the empire itself could supply. One might more broadly consider the degree of cheap and oftentimes free labor that the existence of the empire also provided as yet another key determinant in economic power and hegemony (Hagerman 2009, p. 345). As a function of this brief overview and analys is these three factors will be briefly considered and analyzed to help create the case that the existence of the empire and the economic power and strength that the United Kingdom was able to exhibit during the nineteenth century were mutually exclusive (Libecap et al 2011, p. 300). In short, without the empire, the power and dominance of the United Kingdom, both militarily, economically, and politically would not have been possible. Firstly, with regards to the raw resources that the empire afforded to the development of the British economy, with the lack of such an empire, the resources that the economy required would have been exponentially more expensive. Likewise, due to the fact that the mechanisms of resource extraction could take place throughout the British Empire and return these raw materials to the home island, finished products could then be developed and manufactured from these raw materials. By reducing the necessity to pay market prices for resources, something that any other economic power that did not retain an expansive empire during this time would need to do, the British Empire was able to provide integral resources for the production of relatively low-cost goods which in turn could be marketed and sold to the remainder of the world; as well as back to the very economies which the resources were originally taken from (Desbordes 2008, p. 128). This brings us to the second point, market places. As the British Empire spread over the entire globe, this necessarily meant that a litany of nations, regions, tribal groups and other segmentations of peoples and territory were introduced to the goods that the United Kingdom had to offer for sale (Candlin 2009, p. 524). Similarly, because there was a monopolistic type economic arrangement that existed within the empire, the ability to purchase for the competition states was a non-existent option. In this way, the United Kingdom had a captive market in which to resell the finished goods that the very same empire had supplied the raw materials for in the first place (Stuart 2008, p. 4). Finally, this analysis will consider the fact that the empire itself provided extraordinarily cheap labor which provided the Empire with a means to extract a great deal of material wealth and/or natural resources at a cost that none of the competing economic powers in Europe or the United States could match at the time (Roy 2003, p. 398). This again acted as a type of symbiotic relationship

Value of Real Estate Loans Issued By Commercial Banks Essay

Value of Real Estate Loans Issued By Commercial Banks - Essay Example The onset of the new millennium brought many developments for the banking sector globally. As such, the increased knowledge about mortgages and advanced exposure to access of finances meant that commercial banking business was as competitive as it was enjoying demand. In the year 2005, the United States economy was experiencing increased interests in housing and property development. Besides, the commercial banks increased their lending incentives in a bid to acquire the largest customer base of the growing credit demand.   In the first quarter of 2005, the real estate loans for residential, commercial and farmland were 1.43%, 1.12%, and 1.70% respectively (Federalreserve.gov, 2015). The low-interest rates in comparison to those of the fourth quarter of 2004 acted as incentives for consumers who wanted to capitalize on the credit availability opportunity provided for by the low-interest rates. As depicted in Figure 1 below, the rates of exposure to loans for both Commercial Real Es tate (CRE) and Construction and Land Development (CLD) was gradually increasing, thereby approaching the peak in 2005.The loan incentives put in place by commercial banks encouraged borrowing for risky mortgages, which threatened to go up, as is always the case of property appreciation for assets in high demand. The first quarter of 2006 indicated the beginning of the gradual discrepancies in the interest rates, as the real estate loans for residential, commercial and farmland settled at 1.60%, 1.02%, and 1.53%.

Henry Matisses Madam Matisse: The Green Line Essays -- Art Analysis

Madam Matisse: The Green Line Henry Matisse, one of the most influential members of the Fauve movement, was responsible for much of the attention brought to it and its respective members. One of his works, Madame Matisse: The Green Line, more or less serves as an excellent example of what he was trying to accomplish in art: the use of color to express and convey emotions. The composition of the work consists of a portrait of Madame Matisse in the foreground and a background divided into several distinct areas of color. The division in the background is apparent in the juxtaposition of the mauve, orange and blue green, with the foreground divided primarily by the green strip itself, which runs down the middle of Madam Matisse’s face and separates the painting along a vertical axis. The background and foreground, however, are rendered almost completely flat, so that they seem to become part of one another, and Madame Matisse seems to become somewhat of a portrait within a portrait. The space in the portrait is more or less two dimensional, with only a slight hint of depth illustrated by a dark area of shading above Madame Matisse’s left shoulder. The perspective is entirely frontal with her torso angled to the left and her head slightly to the right. Color, along with the subject of Madame Matisse, is the focus and most important element of the work. Matisse has used color here to illustrate a sense of the emotions he feels for his wife. These colors are primarily bright, striking colors such as orange, red, yellow, mauve and bright green accompanied by the use of a cooler, calmer blue-green and black. The combination of these colors is non-naturalistic and provides a contrast that is readily apparent t... ...began his professional career as a lawyer and did not discover painting and art until he bought a set of watercolors at some point before 1892. After he did discover his love of art he began to study in Paris in 1892 and spent much time in the south of France, which vastly affected the style of his work. In conclusion, the painting Madam Matisse: The Green Stripe is an embodiment of everything that Matisse himself and the Fauve movement stood for: the lyrical use of color to create â€Å"an art of balance, purity, and serenity.† He was able to use the initial ideas created in the Fauve movement and advance them beyond what any other artist in the period had done previously or after. In fact, one might say that Matisse was the artist who ensured the lasting impression of Fauvism on artistic expression and that it would not be what it is today without his influence.

Prison Reform Essay

Reform was a major issue in early 19th century America because it was a time when more middle-classed Americans were able to devote time to social causes and issues that they saw that concerned them. One of these important social movements was prison reform, and how men and women in prison were treated. In the early 1800’s the United States was regarded as having the best penal system in the world. This is why during the early 1800’s Alexis de Tocqueville was sent from France to the United States to study the penal system there. What he was coming here to study was how the system of prisons had been reformed already by Americans. Many individuals, in particular religious advocates who took up the cause of prison reform, had established themselves as the voice of prisoners. They felt that while prisoners needed to do time for their crimes and be punished accordingly, they also had the right to have good conditions within the prisons themselves. These people had a goal of creating prisons that were conducive to not only punishing individuals, but reforming them became an important part of their time in prison. These religious reformers felt that prisoners should be reformed to become good citizens and, if they never left jail, then at least they could be religious individuals.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The successes of these reformers were that they did create a great amount of interest in reform. Many new prisons began to be built that would be more conducive to reforming prisoners. These successes were shortly lived, however, because sadly the prisons did not go up as quickly as the prisoners were going in and therefore old prisons that were not good conditions were still in use, and many prisoners still languished in them, in even worse conditions than before.

Vietnam And Its Impact On Vietnam - 1231 Words

The country that I have chosen to do research in is Vietnam. Vietnam was considered one of the poorest countries until just recently it has been transformed in a lower middle-income country because of changing from a centrally planned economy into a more market-oriented economy through the use of the international trading system. The political and economic reform project is called Doi Moi and since Doi Moi has been initiated, Vietnam has grown at an annual average rate of 6.3% between the years 2007-2012 (WTO). The global financial crisis greatly affected Vietnam because it led to more tightly macroeconomic policies that were implemented in 2011. However, the official unemployment rate remains very low even though inflation dropped by 23%†¦show more content†¦When Vietnam entered into the World Trade Organization, the country experienced a huge increase in foreign direct investments. Ever since, Vietnam has remained a population place for foreign investors to look into. The Ministry of Industry and Trade plays a leading role in dealing with international trade issues for Vietnam. The information that Vietnam has provided the World Trade Organization has been very absent regarding Import Licensing. However, since joining the Association of Southeast Asian Nations, Vietnam has taken advantage and exported many of its competitive products such as agriculture, textiles, footwear and furniture. Vietnam trade policy developments have really gave Vietnam some flexibility and as a result V ietnam has used this to their advantage in reducing variation in domestic energy prices to protect some important industries. Vietnam has also levied a special consumption tax on certain goods such as cigarettes, alcoholic, and gambling services to prevent less consumption. Vietnam’s accession into the World Trade Organization equalized tax rates on imported and domestic produced alcoholic beverages. One interest fact that I found out is that trade taxes account for approximately one tenth of total tax revenue for the government (WTO). When speaking about non-tariff goods, Vietnam doesn’t allow for the import of goods that are consider harmful to human health and safety or national security. The Ministry of Industry and Trade is in