Fight Club and society today essays

Fight Club and society today essays Our society, today, has fallen victim to the belief that we cannot survive without materials and possessions. Motivation for life has become the push to possess worldly goods, things of worthless value, which, for some reason, seemingly complete the human beings whom we compose. Fight Club is an outline of what, we, as a society have become. Through Tyler Durdens beliefs, ideas, and the stand in which he takes on them, it is immensely apparent that we are a society formed on a foundation built from consumerism. Consumerism is the theory that a progressively greater consumption of goods is economically beneficial. Consumerists possess the attachment to materialistic values or possessions. Materialism is a theory, which appropriately goes hand in hand with the theory of consumerism. It is the theory or doctrine that physical well-being and worldly possessions constitute the greatest good and highest value in life. Society, today, has adapted these theories as the way of life, the only way to be successful. We start children out young, sending them off to receive the best education possible, which, in other words means, the most expensive education available for the parents of the child. The child does not care or hold one feeling higher than another about which education he receives. Guaranteed that the only things on that childs mind are if there are companions for him and if there are toys for him to play with. Life from this point on becomes nothing but a downhill battle. Children will attend college because their parents want them to. They will strive to be the best that they can be. What does this mean? The child is supposed to be a good person on the inside and exhibit love and respect for others. Wrong. To be successful means to obtain a career in which one will make the most money, to drive the nicest car possible, to wear the flashiest clothes possible, and, the list goes on. This is what we, as a ...

The Great Gatsby Quotes and Analysis

The Great Gatsby Quotes and Analysis The following quotes from  The Great Gatsby  by F. Scott Fitzgerald are some of the most recognizable lines in American literature. The novel, which follows the pursuit of pleasure by the wealthy elites of the New York Jazz Age, deals with themes of love, idealism, nostalgia, and illusion. In the quotes that follow, well analyze how Fitzgerald conveys these themes. â€Å"I hope shell be a fool – thats the best thing a girl can be in this world, a beautiful little fool.†Ã‚  (Chapter 1) Daisy Buchanan is talking about her young daughter when she makes this seemingly-unfeeling statement. In reality, this quote demonstrates a rare moment of sensitivity and self-awareness for Daisy. Her words show a deep understanding of the world around her, particularly the idea that society rewards women for being foolish rather than smart and ambitious. This statement adds greater depth to Daisys character, suggesting that perhaps her lifestyle is an active choice rather than the result of a frivolous mindset. â€Å"It was one of those rare smiles with a quality of eternal reassurance in it, that you may come across four or five times in life. It faced – or seemed to face – the whole eternal world for an instant, and then concentrated on you with an irresistible prejudice in your favor. It understood you just as far as you wanted to be understood, believed in you as you would like to believe in yourself, and assured you that it had precisely the impression of you that, at your best, you hoped to convey.†Ã‚  (Chapter 3) The novel’s narrator, young salesman Nick Carraway, describes Jay Gatsby thusly when he first encounters the man in person. In this description, focused on Gatsby’s particular manner of smiling, he captures Gatsby’s easy, assured, almost magnetic charisma. A huge part of Gatsby’s appeal is his ability to make anyone feel like the most important person in the room. This quality mirrors Nick’s own early perceptions of Gatsby: feeling unusually lucky to be his friend, when so many others never even meet him in person. However, this passage also  foreshadows  Gatsby’s showmanship and ability to put on whatever mask someone wants to see. In his blue gardens men and girls came and went like moths among the whisperings and the champagne and the stars. (Chapter 3) Although  The Great Gatsby  is often held up as a celebration of Jazz Age culture, it’s actually the opposite, often  critiquing the era’s  carefree hedonism. Fitzgerald’s language here captures the beautiful but impermanent nature of the wealthy’s lifestyle. Like moths, they’re always attracted to whatever the brightest light happens to be, flitting away when something else grabs their attention. Stars, champagne, and whisperings are all romantic but temporary and, ultimately, useless. Everything about their lives is very beautiful and full of sparkle and shine, but disappears when the harsh light of day- or reality- appears.   Ã¢â‚¬Å"No amount of fire or freshness can challenge what a man will store up in his ghostly heart.† (Chapter 5) As Nick reflects on Gatsby’s opinion of Daisy, he realizes how much Gatsby has built her up in his mind, so much so that no real person could ever live up to the fantasy. After meeting and being separated from Daisy, Gatsby spent years idealizing and romanticizing his memory of her, turning her into more illusion than woman. By the time they meet again, Daisy has grown and changed; she is a real and flawed human who could never measure up to Gatsby’s image of her. Gatsby continues to love Daisy, but whether he loves the real Daisy or simply the fantasy he believes her to be remains unclear. â€Å"Can’t repeat the past?†¦Why of course you can!†Ã‚  (Chapter 6) If there’s one statement that sums up Gatsby’s entire philosophy, this is it. Throughout his adult life, Gatsby’s goal has been to recapture the past. Specifically, he longs to recapture the past romance he had with Daisy. Nick, the realist, tries to point out that recapturing the past is impossible, but Gatsby utterly rejects that idea. Instead, he believes that money is the key to happiness, reasoning that if you have enough money, you can make even the wildest dreams come true. We see this belief in action with Gatsbys wild parties, thrown just to attract Daisy’s attention, and his insistence on rekindling his affair with her. Notably, however, Gatsbys entire identity stemmed from his initial attempt to escape his poor background, which is what motivated him to create the persona of Jay Gatsby. â€Å"So we beat on, boats against the current, borne back ceaselessly into the past.†Ã‚  (Chapter 9) This sentence is the final line of the novel, and one of the most famous lines in all of literature. By this point, Nick, the narrator, has become disillusioned with Gatsbys hedonistic displays of wealth. He has seen how Gatsby’s fruitless, desperate quest- to escape his past identity and recapture his past romance with Daisy- destroyed him. Ultimately, no amount of money or time was enough to win Daisy, and none of the novels characters were able to escape the limitations imposed by their own pasts. This final statement serves as a commentary on the very concept of  the American dream, which claims that anyone can be anything, if only they work hard enough. With this sentence, the novel seems to suggest that such hard work will prove futile, because the â€Å"currents† of nature or society will always push one back towards the past.

International and Pacific Asian Business Essay Example | Topics and Well Written Essays - 3000 words - 1

International and Pacific Asian Business - Essay Example These factors contributed to the shift from multinationalism to globalization. Since the millennium, academics and business people were more concern about ways in which globalization could affect domestic and international economy (Tierney 2004; Smith and Yaw 2002, p. 1). The purpose of globalization aims to promote the practice of free trading in the world market by removing barriers like import and export taxes which could prevent business people from taking advantage over the use of natural resources around the world (Nanduri 2006). By linking the trade and development in one country to other countries around the world, globalization makes it possible for businessmen to have the opportunity to maximize the use of the available natural resources and manpower (Krugman & Obstfeld 2009, p. 27, 273). As part of examining the new economy in the international and pacific Asian business, this report will analyze and discuss ways in which international trading is being conducted using the new trade theories as tackled by Paul Krugman. Eventually, trade theories which could accurately explain the competitiveness of business locations will be tackled in details. In line with this, economic theories related to economics of scale, demand led, product life cycle, the significance of monopolistic competition will be applied in different case scenarios by providing real-life examples and evidences. Prior to conclusion, the key trade patterns will be critically evaluated. The New Economy in International and Pacific Asian Business Because of globalization, fast economic growth and continuous business expansion can be observed in the modern international and pacific Asian businesses. In order to gain competitive advantage over other businesses in the world market, the new economy in International and pacific Asian businesses are heavily focused over the need to rely on the practice of trading goods and services within and outside a given country. As part of increasing the com petitive advantage of each business, large-scale companies are competing with one another not only in terms of acquiring the cheapest yet high quality raw materials but also in terms of hiring competitive and highly skilled employees at a minimum wage level (Steger 2003, p. 37). As a basic rule in business, high profit can be achieved not only when a company is able to produce enough supply based on the market demand but also when a company is able to keep its business operational cost at a very low price. Specifically the low operational cost can be achieved either by maximizing the use of the available human resources through the use of high technology and machineries or through economies of scale. Economies of Scale As explained by Krugman and Obstfeld (2009, p. 114), economies of scale in microeconomics is all about the cost advantage each businesses could earn by maximizing the use of its available technology and human resources. In line with this, a company is able to keep the unit price of certain product low each time the buyer purchases specific item by bulk. In other words, reducing the unit cost of a product is possible because producing a single item by volume can be manufactured on a large scale without the need to spend more money spent human resources. For

Case study Essay Example | Topics and Well Written Essays - 3750 words - 1

Case study - Essay Example This relationship calls for a change in the way the children perceives things and ends up creating a more successful person in the future. Play therapy is different in a way that it normally provides a safe, trusting, soothing and pleasurable environment to the child under consideration. The result of creating such a climate is the trust of the child in the therapist. The more the individual feels comfortable the easier it gets to understand his problem and solve it accordingly. Play therapy, hence, directs toward a one-to-one relationship where children are encouraged to communicate and express their feelings, fear, views and thoughts. Therapists normally get two kinds of communications from the children, that is, either the children communicate their issues and feelings directly in words (Wilson et. al., 2002) or indirectly by using actions and behaviors. Whatever way the child chooses, a therapist must respond to the messages, either direct or indirect, that he receives from the c hildren. Therapists are required to listen, understand and respond to the children in a way which they feel is suitable for that particular child. The therapists must keep in mind that their behavior and responses would play a significant role in the development of a future relationship between them and the children. They need to flourish the relationship and must respond in a way which strengthens the relationship rather than creating any negative feeling or perception in the child’s mind. The underlying theory is to develop command of children over the feelings which are hidden and controlling them. Non directive approach to play therapy was formed by Axline who gave a way to professionals through which they could treat children. The basic principles laid down by Virginia Axline revolve around non directive play therapy and how a therapist could successfully follow these guidelines. The principles basically revolve around the

Review of Related Literature Essay Example for Free

Review of Related Literature Essay This chapter of the research caters to the principles of English as Second Language (ESL); Writing Development of ESL Students; English Structural Problems Encountered by Chinese Students; and Common Errors on Grammar of Chinese Students. English as a Second Language (ESL) is a process of instruction of English in an English speaking country whose mother tongue is a different language (Rosenthal, 2000, p. 73). On the other hand, the method of teaching English as a Foreign Language (TEFL) comprises of teaching English in a particular country wherein English is not the primary language being used (Rosenthal, 2000, p. 73). Students who are studying English as a second language are described as nonnative speakers, language minority students, second language learners, and students with limited English proficiency (Rosenthal, 2000, p. 73). According to Cochran (1992) as cited from Rosenthal (2000), there are generally six identified groups of the ESL college population who needs help with their English, in which four of them required a special ESL instruction in order to continue their college education. The first group is the Native speakers of English who are students who are monolingual, bilingual or bidialectical in nature. This group of students is born in the United States and needs a remedial or basic English skills instruction, focusing more on academic writing (Rosenthal, 2000, p. 74). Second among the groups are called close to native speakers in which they comprise of students who came in various ethnic backgrounds but from a society who practices English at home or with peers. The third group is made by foreign-educated adults with no knowledge in English. This group of individuals is made of students who are well educated in their respective countries and have a good grasp of English grammar and English reading skills; they normally stays in the United States for the sake of continuing education. The foreign-educated adults with no knowledge of English are the group of students who are as described by Cochran as virtually no knowledge of English from any other source who are normally composed of individuals who after graduated high school moved in the United States and have been observed as having gaps and certain problems in their English. The fifth in the group is called the native speakers with limited schooling; more often, immigrants and refugees compose this group. They are characterized by low-level language skills both in their native tongue and English. As a result, it is often perceived that their manner of speaking is not really a standard in neither language. The last group is the nonnative not literate speakers. These individuals are categorized as lacking knowledge both in their native language and the English language (Rosenthal, 2000, p. 74). The process of learning the English language has been strictly categorized in a strict sequence such as â€Å"listen, speak, read and then write (Perotta, 1994, p. 237). As such, the learning emphasizes a strict stage-by-stage approach in learning the English language. Hudelson (1984) as cited from Perotta (1994) had pointed out that the process of contemporary ESL instruction is characterized by programs that place strict limitations on writing to prevent error (p. 237). As such, it is often the case that students are only asked to write what only they have learned or used to do in orally in formal lessons. One significant study that could be cited is the one of Franklin (1986) as cited from Perotta (1994) who made a study between the educational framework and the learning patterns of native English speakers and ESL students. The study viewed that the capacity of the latter are hugely characterized of strict programs that are designed in order to prevent errors in their writing methods. As such, ESL students are only permitted to write what they have practiced orally. Methods such as language drill work, copying, filling in blanks and taking dictation often limit the capacity of ESL student to learn. Studies shown by Rigg (1981) and Urza (1987) as cited from Perotta (1994) have shown that a good number of students are capable of writing things that they are not able to control orally. One specific example that could be cited is the work if a student who appears to be not doing well in speaking English but was able to write the following: Ones supon a time ther livd a good harted lien. he difrent from de adrs. He ws good toode adr animoles and de adr animoles wer good too hem. Ande he dident like too fte and he dident like de adr animol too fte. He somtims guen [when] da abr animoles fte gued [with] hime and he liked too play and he livd gapolievr aftr (p. 267). This example implies then that an effective ESL learning process, most specially if focusing on writing must allow students to learn in a manner that is closely similar to native English speakers. ESL learners must be allowed and encouraged to write as much as they can. The process of writing could be learned through practice, observation, trial and error and also receiving feedbacks from other people and peers as well Perotta (1994).

Essay --

4.0 Market analysis 4.1 Market segmentation and target market selection Our company segment market in demographic features, geographical distribution and behavioural descriptors. By doing so, our company will have a better understanding of our target preference in the industry. This is an important step in order to succeed. First, we segment demographic characteristics in age and income. Our company segments consumers who are teenagers and working adults with middle or high income. This is because teenagers are newly trend people who keep in touch with technology very often. Besides, they are catching up with technology which is in high-tech, innovative and special. Therefore, VeeEye Sdn Bhd will have the opportunity to get into the market. On the other hand, we segment working adults with middle and high income as they have financial ability to purchase our product. Adult workers who are highly educated will get well paid job with middle or high income. Therefore, they are more willing to spend for our product compare to lower income workers as they might not afford to purchase our product. Next, we also segment our consumer in geographical distribution. Geographical area such as Kuala Lumpur and Penang Island in Malaysia will be our target market. This is because both of the states have many industries with big company. Therefore, workers there will be getting higher paid compare to other state worker. With higher salary, they have more ability to purchase our product compare to others. Besides, they will be busy and under stress during their working hours. So, they might travel more frequently during weekend or holiday. Therefore they might need a good camera all the time with them. So, we choose Kuala Lumpur and Penang instea... ...ke us easily approach to our target market’s spending behaviour and lifestyle. We have our own office for sell and repairing service. We believe that to get higher reputation from customers; we got to provide a good quality product which customers willing to pay for it and provide a good service such as customer able get free repairing service within 2 years warranted, give the full information and detail to customers and customers could get some discounts base on their order. In order to attract more customers, we have an idea launch our product on the online purchasing website such as Taobao, eBay, Zalora. Even customers from other country have a chance to make an order, we do delivery to them within the period, if more than that period, and the customer only paid us half prices of their order. This is one type of service provided by our company. Essay -- 4.0 Market analysis 4.1 Market segmentation and target market selection Our company segment market in demographic features, geographical distribution and behavioural descriptors. By doing so, our company will have a better understanding of our target preference in the industry. This is an important step in order to succeed. First, we segment demographic characteristics in age and income. Our company segments consumers who are teenagers and working adults with middle or high income. This is because teenagers are newly trend people who keep in touch with technology very often. Besides, they are catching up with technology which is in high-tech, innovative and special. Therefore, VeeEye Sdn Bhd will have the opportunity to get into the market. On the other hand, we segment working adults with middle and high income as they have financial ability to purchase our product. Adult workers who are highly educated will get well paid job with middle or high income. Therefore, they are more willing to spend for our product compare to lower income workers as they might not afford to purchase our product. Next, we also segment our consumer in geographical distribution. Geographical area such as Kuala Lumpur and Penang Island in Malaysia will be our target market. This is because both of the states have many industries with big company. Therefore, workers there will be getting higher paid compare to other state worker. With higher salary, they have more ability to purchase our product compare to others. Besides, they will be busy and under stress during their working hours. So, they might travel more frequently during weekend or holiday. Therefore they might need a good camera all the time with them. So, we choose Kuala Lumpur and Penang instea... ...ke us easily approach to our target market’s spending behaviour and lifestyle. We have our own office for sell and repairing service. We believe that to get higher reputation from customers; we got to provide a good quality product which customers willing to pay for it and provide a good service such as customer able get free repairing service within 2 years warranted, give the full information and detail to customers and customers could get some discounts base on their order. In order to attract more customers, we have an idea launch our product on the online purchasing website such as Taobao, eBay, Zalora. Even customers from other country have a chance to make an order, we do delivery to them within the period, if more than that period, and the customer only paid us half prices of their order. This is one type of service provided by our company.

Global Forces of Change Essay

1. From the case facts, describe how globalization and technology have influenced the business directions of GE Medical Systems. Technology Since new requirements in healthcare business had been emerged, in the market it is required to implement personalized medicine to support specific client – not mass population. Moreover, trend on find the way to prevent sickness is more concerned than to heal. This is massive challenge to medical equipment manufacturers whether which company can find the best technology to support these requirements. GE believed that the best technology would always win in the marketplace so they responded to these requirements by investing more on R&D and also product design. As the result, corporate R&D invented some new products which replace need of existing product, for example, digital detectors for X-ray machines that would replace the need for X-ray film. Globalization Globalization increases connectivity and interdependence of the world’s markets and businesses. Emerging middle-classes of Asia, Eastern Europe and Latin America is also an opportunity for healthcare company like GE to expand their markets, increase sales and profits. Beside of sales side, GE can also reduce their manufacturing cost by shifting manufacturing from high-cost countries to low-cost countries. This would increase their competitive advantage. 2. Identify possible projects by which a company dealing in Healthcare and Medical Diagnosis like GEMS can profitably ride the waves of globalization, liberalization and technology. * Shifting manufacturing base from high-cost countries to low-cost countries in order to reduce production cost. * To develop healthcare IT system, this is to manage necessary data systematically such as patient data, treatment record etc. This is also helpful for diagnosis. * To apply Free Trade Agreement with emerging countries in order to facilitate access of healthcare products. * Even general needs of customers in healthcare in each country is same but there are some specific requirements which are required individually so GEMS should not neglect R&D in each local market. Hiring local staffs is an effective alternative since local people might understand needs in their society well. * R&D is vital since technology changes every day. GEMS should keep investing on find out the way to increase effective ness of their equipment and also invent new products which can replace existing one. 3. Describe the world do you envision in 2050, especially with China and India likely to take center-stage? Touch on the economic, political, social and cultural adaptation that you think can take place. According to many reports show that over the next 50 years China and then India’s economies will overtake US. Large and growing market opportunities in China and India are widely seen and understood as evidenced by the large flows of foreign direct investment to China, both for the domestic market, but also to use China as a low cost platform for exports to the rest of the World. China is communist. Due to their political characteristics, control in a repressive way substantial part of the economy, especially the financial sector that brought about massive imbalance. A centralized decision-making process, although discretionary would presumably ease political action by by-passing all types of necessary approvals from a parliament or congress in a democratic system. So changing of Chinese government would possibly change the world. About social and culture, as foreign companies would base their manufacturing in China, learning local culture would be very important in order to have smooth operation and avoid any conflict. China language will become as vital as English. On the other hands, due to growing of China economic dominance, Chinese people will also spread over the world. Their culture will unavoidably absorb to everywhere. We have no choice but adapt with it.

Nestle-Marketing Oriented Company

Nestle was founded in 1866 by Henri Nestle and is today the world's biggest food and beverage company. Henri Nestle developed the first infant food in 1867 to save the life of a friend's baby who could not be breastfed. (this is a combination of cow’s milk, wheat flour and sugar). Since then, the company has looked to build on a tradition of providing nutritious products. The Nestle Group invests around 1. 5 billions swiss franc in R&D every year. It’s more than any other food company. Every day Nestle sells over a billion products. These individual consumer transactions give the Company total nnual sales of more than 90 billion swiss francs Nestle markets its products in 130 countries across the world. Nestle manufactures around 10,000 different products and employs some 250,000 people; A marketing orientated approach means a business reacts to what customers want. The decisions taken are based around information about customers’ needs and wants, rather than wha t the business thinks is right for the customer. Most successful businesses take a market-orientated approach Since then, the company has looked to build on a tradition of providing nutritious products.It builds its business around: -discovering what customers want -identifying pressures for change e. g. government campaigns, health education initiatives -responding to changes in the market place. Nestle concentrates on their consumers and tries to understand their physical and emotional desires. They have a wide range of products and consumed by all age groups. Nestle try to understand the economic, geographic and social factors which affects the diets of the consumers and try to concentrate on the nutritional and health value of the products.Example Nestle have used their research and technological expertise to their ice cream products to reduce their calories but too keep the same taste. They have also introduced sugar free products and lower sugar products like Kit Kat Light. Ne stle also try to understand the motivations, decision making and purchasing habits of the customers by spending time with the people. Example: Nestle employees spent three days living with people in suburbs of Lima in PERU to understand their everyday aspects of their life, and based on their understanding they sold relevant products in the local markets.A market led company like Nestle is continually monitoring customer attitudes and requirements through market research. This research takes two main forms: Qualitative research. This involves setting up small focus groups of consumers who express their ideas and opinions about their needs and views on different products. Quantitative research. Whereas qualitative research involves only relatively few people, quantitative research involves much bigger numbers. For example, professional market researchers may interview thousands of people through postal or telephone interviewing.Nestle regularly uses both forms of research to gain a c lear idea of consumer opinions and trends. Market research helps the company to keep in touch with an ever changing environment in which social attitudes and buying patterns are continually shifting. The Company's strategy is guided by several fundamental principles. Nestle's existing products grow through innovation and renovation while maintaining a balance in geographic activities and product lines. Long-term potential is never sacrificed for short-term performance.The Company's priority is to bring the best and most relevant products to people, wherever they are, whatever their needs, throughout their lives. Nestle is committed to the following Business objectives in all countries, taking into account local legislation, cultural and religious practices: Nestle continues to maintain its commitment to follow and respect all applicable local laws in each of its markets. Analysis of Market Analyzing the market means getting the information about the current market trends. There are different ways, which are adopted by Nestle to get the information of the market.By Sales Department Sales department is a primary source of getting the information about the market. They actually visit the market and find out that who are the competitors, and what strategies they are adopting. Customer Service Department For Every product there is customer service department.. Nestle knows that regular contact with their consumers is very important. This is why Nestle have a worldwide Nestle Consumer Services network Nestle cares for its consumers because its success depends on meeting their needs and expectations.Through listening and understanding, it can make products that they will want to use all through their lives. Research and Development Department The nestle Research and Development head office is in Switzerland. The customer complaints are forward to the R where research is conducted. Suppliers and distributors To know about the market Nestle has established the close re lationship with their suppliers who provide the raw materials. Conclusion Nestle is one of the world's leading food companies. Its commitment to high quality market research ensures that it remains fully aware of changes in consumer behaviour and consumer tastes.Its excellent product research and development network ensures that it is well placed to meet the challenge of changes in consumer expectations. The company's Wellness strategy is carefully geared to delivering to customers what they want in relation to the foods they eat. Thus it's clear that Nestle is a Market Oriented company because they try to understand the customer or market needs and produce products accordingly to achieve the organizations goals. And they believe that people are the main strength of the company.

Motion to Determine Property of the Estate Essays

Motion to Determine Property of the Estate Essays Motion to Determine Property of the Estate Paper Motion to Determine Property of the Estate Paper Morgan and/or Edwards Company, LLC (Edwards Children) that the Probate court awarded her Copyrights and Royalties under a executed but not approved document entitled Settlement Agreement dated July 30, 1997 as well as a co-Publishing agreement which Arose out of this agreement. See both agreements attached hereto as Composite Exhibit C. 7. In October 2011, in the MARCI v Jess S. Morgan litigation, Richard Mandela of Jess S. Morgan Co testifies that the document dated July 30, 1997 was Probate Court Approved see Declaration of Richard Mandela attached hereto as Exhibit D. Counsel for Jess S. Morgan and BECK, LLC have alleged that the July 9, 1997 Stipulated Agreement is not on the Probate Court Record (See Doc 103 Page 2 paragraph 6 Attached hereto as Exhibit F On February 15, 2012 Counsel for Jess S. Morgan says Earlier you heard Mr Jennies say that theres a dispute over which of the agreements in the probate court and ask Judge, Judge, which one did you mean? when in fact all is was, was a mediated settlement agreement thats pretty broad, and then that mediated settlement was refined down, and again this was many years and years ago. Mrs Edwards was presented by counsel, and thats what the dispute is ultimately going to be about See Transcript Page 28 Line 14-25 (Exhibit F) 4 The alleged Co-publishing Agreement contains a fake Probate Court Stamp in the Top Right Corner that Reads Received September 5, 1997 The Westport Probate Court has confirmed that this is NOT the official Seal of the Westport Probate Court and this alleged agreement is Blank and completely unexpected in the Sealed File. Page 2 of 12 8. On or about November 27, 2012 after over a year of extensive investigation and due diligence by Consultant Eric Moore, the Westport Probate Court determined that Eries theory of the Case was correct and Ms. Edwards was only bound by the Probate Corresponded Stipulated Agreement dated July 9, 1997. 9. The Copyrights and Royalties Including Administration Rights subject to Adversary 641 are already Property of the Estate because the debtor has possession of the recovered title, as these issues have already been adjudicated, and therefore the litigation is moot. 0. Collateral Estoppels principles are applicable to a subsequent proceeding only if: 1) the identical issues were presented in a prior proceeding; 2) there was a full ND fair opportunity to litigate the issues in the prior proceeding; 3) the issues in the prior litigation were a critical and necessary part of the prior determination; 4) the parties in the two proceedings were identical; and 5) the issues were actually litigated in the prior proceeding. Porter v. Saddlebags Resorts, Inc. , 679 So. Ad 1212, 1214815 (Flaw. Didst. Ct. App. 996) (citing Depot of Health and Rehab. Serves. V. B. J. M. , Copyright and Royalties rights have already been adjudicated by a Court, and so the issue surrounding the ownership of the property to Adversary 641 is moot. 11. The courts have emphasized that Collateral Estoppels precludes re-litigation of issues actually litigated in a prior proceeding. B. J. M. , 656 So. Ad at 910 As with res Judicial, collateral Estoppels is an affirmative defense, and the party asserting it bears the burden to show that such an issue was formerly determined with sufficient certainty. Freewheeling v. MAGIC Financial Corp , 437 So. Ad 191, 193 (Flaw. Didst. Ct. App. 1983). It would be unjust to re-litigate the prior Courts findings as to the Copyright and Royalties rights. 5 The Debtor needs to file the Recovered title dated July 9, 1997 with the Copyright Office and Royalty payers so that the Future Royalties will be paid to her directly, absent a Certified Probate Court Approved Copy of the Alleged Shipbuilding Agreement the Payers will not Pay Jess S. Morgan or any other entity except the debtor who is the Real Owner. Page 3 of 12 12. Creditor, Eric Moore fulfilled his obligations under the Consulting Agreement by determining and locating copyrights and other assets due to the debtor. This recovered Title procured by Moore and Referenced by Debtors bankruptcy Counsel David Jennies in open court on February 15, 2012 has enhanced the Estate by at least $25,000,000. Per independent appraisal, the total value of the debtors Copyrights is now roughly Moore reasonably relied upon the promise of the debtor made under the Consulting Agreement, and in return fulfilled his own obligations under the agreement. Because of that reliance Moore has been injured or damaged. Under the legal doctrine of promissory estoppels, Moore is entitled to payment under the Consulting Agreement. This determination and recovered title procured by Moore is performance of the agreement. 13. ADMISSION: Debtor Bambini Hearer-Edwards has admitted to this court, ownership of name Copyrights at issue in Paragraph 1 of Debtors Chapter 11 Case Management Summary, in Turnover Motions, in her Disclosure Statement, as well as in Court. See debtors adversary complaint filed on July 29, 2012. In fact, the Bernard Edwards State and Bernard Edwards Estate Federal Taxes clearly reflect that the Governing Agreement is dated July 9, 1997. The State and Federal Taxes were filed and paid in June 1999 by Jess S. Morgan according to this agreement, taxes were paid on the Administration Rights, Publisher Share, Writers Share, Producer Royalties and Artist Royalties See attached, therefore Ms. Edwards OWNS those rights. Exhibit E. 6 The $37,000,000 dollar valuation includes the Recovered Copyrights and her Historical Royalties which Appraised at roughly $12,000,000 dollars, this amount does not include any unpaid or underpaid royalties. Debtors pre-petition Entertainment Counsel Signed an Affidavit in support of Mr Moors performance of the Consulting Agreement 8 The Recovered Title procured by Moore is used in Adversary 641 Page 4 of 12 15. PROBATE COUNSEL OPINION: BY the Debtors own admission her probate Counsel, Boone Weinstein have confirmed that the July 9, 1997 Stipulated Agreement was 10 proved by the Westport Probate Court on September 4, 1997. See Adversary Complaint 247, Document 1, Paragraph 29. 16. The adverse Possessor(s) in this Case are Jess S. Morgan and/or Bernard Edwards Company, LLC and to some degree 1 1 Warner Chapel, as neither party has provided a Certified Probate Court Copy of the Document dated July 30, 1997 or the Co- publishing Agreement dated August 21, 1997 or July 21, 1997 with court orders attached. These Documents were not approved by the Westport Probate Court and the Co-pub doesnt even appear in the Probate Card Catalog of that Court, in fact the Corner, Therefore clear title could not and did not pass to Jess S. Morgan, Wallace Frisson, Bernard Edwards Company, LLC or earners Chapel under the Co- publishing Agreement or the Document Entitled Settlement Agreement Dated July 30, 1997 from the Estate of Bernard Edwards. See attached Probate Card Catalog and Letter from the Westport Probate Court attached hereto as Exhibit F. DISCUSSION 17. Bankruptcy Code 5541 (a) provides that when a debtor files a petition, an estate is created consisting of all legal or equitable interests of the debtor in property as of the commencement of the case. 11 U. S. C. 5541 (all) (emphasis added). Congress intended said section 9 Boone Weinstein acknowledge in writing on December 10, 2012 that they Received Documents and a Summary All Prepared by Eric Moore 10 The Probate Court Confirmed to me in writing on November 27, 2012 that the alleged Co-publishing Agreement and July 30, 1997 document were not Probate Court Approved and had No corresponding Court Orders attached. 11 Warner Chapel is the actual Publishing Administrator but they have no agreement with the debtor and the 10% fee has never appeared on the debtors royalties Statements, for the last 15 ears she was mislead and informed that Jess S. Morgan or BECK, LLC were her administrator and therefore charged her a 5% fee (See Exhibit D Paragraph 4) 12 Warner Chapel plead that the Debtor was bound by the agreement dated July 30, 1997 that arrived to the Probate Court on August 28, 1997, See Doc 98 Page 3 Paragraph 7, this alleged Settlement Agreement Was not approved by the Westport Probate Court and the Co-publishing Agreement that Arose out of it contains a Fake Probate Court Stamp Page 5 of 12 to be construed as broadly as possible to encompass all types and kinds of property. Matter of Hundreds, 85 B. R. 99, 1003 (Banks. S. D. Iowa 1988). As such, all legal or equitable interests of Debtor Hearer-Edwards needs to be ascertained by this Court for the purpose of distribution and/or the creation of the debtors plan. 18. The alleged Settlement Agreement dated July 30, 1997 was not approved by the Probate Court and is therefore a false document. The alleged Co-publishing Agreement arose out of that Unapproved July 30, 1997 Settlement Agreement and is, therefore also false. It is well settled that one cannot rely upon a document that has sprung forth from a false document. This is considered fruit of the poisonous tree. Although that legal doctrine is typically relied upon in criminal matters, the concept has also tree) of the evidence or evidence itself is tainted, then anything gained (the fruit) from it, is tainted as well. The Co-publishing Agreement cannot be valid because it sprung forth from a Settlement Agreement that was never approved by the Court. Fruit of the poisonous tree. Further, presenting the July 30, 1997 Settlement Agreement as a court approved document is fraud. A contract procured by fraud is unenforceable by the wrongdoer. The issue of whether a contract procured by fraud s void as to the wrongdoer is a matter of law. The standard of review of decisions of law is De novo. See Execute Bus. Sys. V. New OZ Paper Co. , 752 So. Ad 582 (Flaw. 2000). 19. Florists well-established public policy is not to permit nor tolerate a person to benefit from his own wrongful acts. Florida Federal Courts have enunciated the policy in Showed v. Patterson, 49 So. Ad 848, 849 (Flaw. 1951) holding that no one shall be permitted to profit by his own fraud, or take advantage of his own wrong, or found any claim upon his own inequity, or profit by his own crime. This basic and monumental principle has been applied to contracts. In Florida, [a] contract procured through fraud is never binding upon an innocent party thereto. As to him, such contract is avoidable; as to the wrongdoer, it is void. (emphasis added) Florida East coast Railway co. V. Thompson, 111 so. 525, 527 (Flaw. 1927); Winter park Telephone Co. V. Strong, 179 So. 289 (Flaw. Page 6 of 12 1937); Deforested v. Public super Markets, Inc. , 648 so. Ad 1256 (Flaw. 4th DC 1995); Buchanan v. Clinton, 293 so. Ad 120 (Flaw. 1st DC 1974). 20. When a contract is void as to a party, the contract is unenforceable by that party, and hat party cannot recover under the contract at law or in equity. Shall v. Race, 135 So. Ad 252, 257 (Flaw. Ad DC 1961). Florists public policy prohibits a person who procures a contract by fraud to benefit from his fraudulent acts at the expense of the innocent party. In furtherance of this policy, the First District Court of Appeal stated: [C]routs have an affirmative duty to avoid allowing a party who violates public policy to receive any substantial benefits from his or her wrongdoing. Thus, as a general rule, if the enforcement of a contract is contrary to the public policy of the forum Tate, the contract need not be enforced. This rule is based on the rationale that there can exist no legal remedy for that which is itself illegal. Title Trust Co. Of Florida v. Parker, 468 So. Ad 520, 521 (Flaw. 1st DC 1985) (citations omitted). (emphasis added) Based upon these clear and concise precedents, as well as public policy, the Settlement Agreement dated July 30, 1997 and the Co-publishing Agreement dated August 21, 1997 are void and unenforceable as a matter of law. 21. And is the result of a confidential and court-approved settlement agreement (Settlement Agreement) dated July 30, 1997 Paragraph 7 of Mandelas Declaration), is a violation of Flaw. Stats. S 92. 525 Verification of documents; perjury by false written declaration. S 92. 525(2) states: (2) A written declaration means the following statement: Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true, followed by the signature of the person making the declaration, except when a verificat ion on information or belief is permitted by law, in which case the words to the best of my knowledge and belief may be added. The written declaration shall be printed or hyped at the end of or immediately below the document being verified and above the signature of the person making the declaration. It has been proven by a preponderance of the evidence that Richard Mandelas Declaration is untrue because this alleged court-approved document does not appear anywhere in the Courts log. Further, pursuant to Flaw. Stats. S 92. 525(3): A person who knowingly makes a false declaration under Page 7 of 12 subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 75. 082, s. 775. 083, or s. 75. 084. So there may be other issues at play here as well, criminal issues, regarding presenting false, so-called court approved documents when they have never been court- approved. Jimmy D. Parrish, Sees. , attorney for Jess S. Morgan, Wallace Frisson and Bernard Edwards Company,LLC. , has stated in open court on February 15, 2013 in the Bankruptcy C ourt, Tampa Division, Case Number 12-BC-15725-CRM, that the full blown settlement agreement outlines that Ms. Edwards is entitled to 37-1/2 percent of an income stream in an interest in the composition -copyright from the compositions. See Hearing Transcript on page 26, lines 13-16, attached hereto as Exhibit F.

Antonio Gramsci - Biography and Intellectual Contributions

Antonio Gramsci - Biography and Intellectual Contributions Antonio Gramsci was an Italian journalist and activist who is known and celebrated for highlighting and developing the roles of culture and education within Marxs theories of economy, politics, and class. Born in 1891, he died at just 46 years of age as a consequence of serious health problems he developed while imprisoned by the fascist Italian government. Gramscis most widely read and notable works, and those that influenced social theory were written while he was imprisoned and published posthumously as  The Prison Notebooks. Today, Gramsci is considered a foundational theorist for the sociology of culture, and for articulating the important connections between culture, the state, the economy, and power relations. Gramsci’s theoretical contributions spurred the development of the field of cultural studies, and in particular, the field’s attention to the cultural and political significance of mass media. Gramscis Childhood and Early Life Antonio Gramsci was born on the island of Sardinia in 1891. He grew up in poverty amongst the peasants of the island, and his experience of the class differences between mainland Italians and Sardinians and the negative treatment of peasant Sardinians by mainlanders shaped his intellectual and political thought deeply. In 1911, Gramsci left Sardinia to study at the University of Turin in northern Italy and lived there as the city was industrialized. He spent his time in Turin amongst socialists, Sardinian immigrants, and workers recruited from poor regions to staff the urban factories. He joined the Italian Socialist Party in 1913. Gramsci  did not complete formal education, but was trained at the University as a Hegelian Marxist, and studied intensively the interpretation of Karl Marx’s theory as a â€Å"philosophy of praxis† under Antonio Labriola. This Marxist approach focused on the development of class consciousness and liberation of the working class through the process of struggle. Gramsci as Journalist, Socialist Activist, Political Prisoner After he left school, Gramsci wrote for socialist newspapers  and rose in the ranks of Socialist party. He and the Italian socialists became affiliated with Vladimir Lenin and the international communist organization known as the Third International. During this time of political activism, Gramsci advocated for workers’ councils and labor strikes as methods of taking control of the means of production, otherwise controlled by wealthy capitalists  to the detriment of the laboring classes. Ultimately, he helped found the Italian Communist Party to mobilize workers for their rights. Gramsci traveled to Vienna in 1923, where he met Georg  Lukcs, a prominent Hungarian Marxist thinker, and other Marxist and communist intellectuals and activists who would shape his intellectual work. In 1926, Gramsci, then the head of the Italian Communist Party, was imprisoned in Rome by Benito Mussolini’s fascist regime during its aggressive campaign of stamping out opposition politics. He was sentenced to twenty years in prison but was released in 1934 because of his very poor health. The bulk of his intellectual legacy was written in prison, and is known as â€Å"The Prison Notebooks.† Gramsci died in Rome in 1937, just three years after his release from prison. Gramscis Contributions to Marxist Theory Gramsci’s key intellectual contribution to Marxist theory  is his elaboration of the social function of culture  and its relationship to politics and the economic system. While Marx discussed only briefly these issues in his writing, Gramsci drew on Marx’s theoretical foundation to elaborate the important role of political strategy in challenging the dominant relations of society, and the role of the state in regulating social life and maintaining the conditions necessary for capitalism. He thus focused on understanding how culture and politics might inhibit or spur revolutionary change, which is to say, he focused on the political and cultural elements of power and domination (in addition to and in conjunction with the economic element). As such, Gramsci’s work is a response to the false prediction of Marx’s theory that revolution was inevitable, given the contradictions inherent in the system of capitalist production. In his theory, Gramsci viewed the state as an instrument of domination that represents the interests of capital and of the ruling class. He developed the concept of cultural hegemony to explain how the state accomplishes  this, arguing that domination is achieved in large part by  a dominant ideology expressed through social institutions that socialize people to consent to the rule of the dominant group. He reasoned that hegemonic beliefs dampen critical thought, and are thus barriers to revolution. Gramsci viewed the educational institution as one of the fundamental elements of cultural hegemony in modern Western society  and elaborated on this in essays titled â€Å"The Intellectuals†Ã‚  and â€Å"On Education.† Though influenced by Marxist thought, Gramsci’s body of work advocated for a multi-faceted  and more long-term revolution than that envisioned by Marx. He advocated for the cultivation of â€Å"organic intellectuals† from all classes and walks of life, who would understand and reflect the world views of a diversity of people. He critiqued the role of â€Å"traditional intellectuals,† whose work reflected the worldview of the ruling class, and thus facilitated cultural hegemony. Additionally, he advocated for a â€Å"war of position† in which oppressed peoples would work to disrupt hegemonic forces in the realm of politics and culture, while a simultaneous overthrow of power, a â€Å"war of maneuver,† was carried out.

Practical Project Essay Example | Topics and Well Written Essays - 250 words

Practical Project - Essay Example Set the preheat control in a stalemate position to avoid damage and fire in the event that a backfire happens. Start the propeller and energize the engine starter after the propeller has rotated at least twice. Turn the primer switch on sporadically to start the engine. Once the engine start running, hold the primer for some time and at the same instant opening the throttle gradually to obtain a smooth running. After the engine starts to operate smoothly, open the mixture control to the full rich level. Observe the engine’s rpm indicator to identify any drop of rpm. A drop in rpm shows that the engine has started receiving additional fuel from the carburetor and therefore one can release the primer. To shut down the engine, turn off all the fuel pumps and set the gas mixture to cut off position. This is necessary for draining the engines to shut them down automatically. Essentially, following the above-discussed process will lead to a safer start and shutdown of the reciprocat ing

Analysis of ACS Cobham International School's Organization and It's Essay

Analysis of ACS Cobham International School's Organization and It's Strategic Plan - Essay Example The essay is organized as follows. Section 2 discusses the organization’s key targets, objectives and products .Section 3 discusses the competitive environment of the organization .Section 4 discusses the overall environment of the organization including both external and internal environments .Section 5 concludes the essay and makes recommendations for improvement of the strategic plan of the organization. 2. Targets, Objectives and Services ACS Cobham International School, London is part of the ACS International School group which consists of four schools, three of which are in England and the other in Doha. The school offers education from early childhood children to high school International Baccalaureate (IB) Diploma, and an American curriculum, including Advanced Placement (AP) courses (ACS, 2011a). According to Collins and Porras (1996), the mission statement of a company gives its important ideology and visionary components. The three major components of the mission st atement are generally identified as the committed core values, core purpose and the visionary goals to be followed by the firm to fulfil its mission. The goal of the school â€Å"is to encourage critical thinkers, responsible global citizens, and students who are prepared to achieve the highest standards, both in their subsequent education and throughout their careers† (ACS, 2011b).This goal is expected to achieve through excellent quality of teaching, student centered approach, high quality curriculum, creative thinking and independent learning development, multi cultured atmosphere, educating high values and morals and participative approach(ACS, 2011c). 3. Competitive Analysis According to Coulter (2005), there are both specific environment, like customers, competitors, suppliers etc which influence directly the company’s strategic decision and general environment like political, economic, social and technological sectors that indirectly affect the company’s strategic decisions. The specific environment factors affecting a company’s strategic decisions are analyzed based on the model of the five competitive forces by Porter (1980). Porter’s model is based on the insight that a corporate strategy should meet the opportunities and threats in the organization’s external environment. This model includes the analysis of determinants of the intensity of competition and profitability of the industry like bargaining power of buyers, bargaining power of suppliers, threat of entry of new competitors, threat of substitutes and competitive rivalry (Pavlicek, 2008). However, the main criticisms against the Porter’s models are their focus on only profitability and survival and the assumptions of classic perfect market, simple and static market structures and competitive markets which disable to capture the dynamics of markets .Hence, it cannot consider new business cycle models (Speed, 1989 and Sharp, 1996). In spite of th ese criticisms, this model is still popular for external analysis. The results of Porter’s five forces for ACS are given below. 1. Threat of New Entry Entry barriers are low in the education sector in UK .There are a large number of schools in UK with different arrangements,