Mango Street and the Struggles to Achive the American Dream Essay

What is the american dream? Many people will answer that question by saying being successful in america. Others would say that having a nice house in a good neighboorhood, a good marriage, two kids and a golden retreiver is the american dream. Unlike these beliefs of what the american dream is for many latinos that come to this country the american dream is simply one word, survival. For esperanza her american dream is to get out of mango street. Something that she wishes for and is certain that when the time comes she will do. The house on mango street by sandra cisneros manifest all the stuggles and hardships latinos go through when they come to this country to try and achieve the american dream. Imagine going outside and not being able to read what the signs in the street say, or going to eat somewhere and not being able to get what you want because no one understands the language you speak. This is a huge struggle that all latinos face when they come here, the language barrier. Home is something that is far far away for latino immigrants. Home is family, friends, smells, food, familiar faces, the place you love. Something that most latinos don’t have when they come to america. Esperansa knows that mango street isn’t the home she wants. Longing for home is sometimes the biggest stuggle of being an immigrant. Something that esperanza has dealt with her entire life. In the story esperanza learns that achieving your dreams are very difficult speacially if you are a latino women. The first stuggle that latinos have to overcome when they come here is the language barrier. Something that mamacita in â€Å"No speak english† does not understand. Mamacita is a women who doesn’t want to change her lifestyle to the american way. She only knows a few words and like many latinos no speak english is the main thing she says. Esperanza believes that â€Å"she doesn’t comes out because she is afraid to speak english†. Many latino immigrants go through the same thing. If it’s not the financial situation, meaning that they cant afford to go to school to learn english. Or just plain embarrasment of people laughing at them if they try to speak, like when esperanza’s dad ate â€Å"hamandeggs† for his first three months of being in america because he did not know any other words. This is a barrier that holds a lot of people back. It is not easy trying to achieve the american dream without learning the language first. Esperanza associates the power of language as a way out of mango street. She views her ability to write as the freedom and ticket out of the â€Å"barrio†. Not having a place to call home is also a big struggle that latinos have to overcome in able achieve the american dream. â€Å"Home is where the heart is. † Cisneros develops this famous statement to depict what a â€Å"home† really represents. What is a home? Is it a house with four walls and a roof, the neighborhood of kids while growing up, or a unique Cleaver household where everything is perfect and no problems arise? According to Cisneros, we all have our own home with which we identify; however, we cannot always go back to the environment we once considered our dwelling place. The home, which is characterized by who we are, and determined by how we view ourselves, is what makes every individual unique. A home is a personality, a depiction of who we are inside and how we grow through our life experiences. Mamacita is an example of this. She sits home all day and reminisces, â€Å"she sings all the homesick songs about her country†, â€Å"home, home, home is a house on a photograph, a pink house†. Her husbands even goes and paints the walls of their apartment pink to ease her homesick a little but â€Å"it’s not the same you know†. â€Å"She stiils sighs for her pink house in mexico†. Or in â€Å"Geraldo no last name† a guy that no one knows. He died but no one cared because he was â€Å"just another brazer who didn’t speak english, just another wet back†. This is how alot of people think about immigrants in america. They are not good, they only come to steal real americans jobs†. People don’t understands that most latinos have family back home that they support with the little bit of money they make. â€Å"His name is geraldo, and his home is in another country, the one’s he left behind are far away will wonder, shrugh, remember, geraldo he went north and we never heard from him again†. Latino immigrants come here because this is â€Å"the land of opportnity†. Opportunities that alot of times their countries dont offer. This is why they try to make america there home as well. Something that sometimes is impossible but they have to do to live a better life. The american dream is what my parents came to this country to achieve. As latino immigrants they went through all these stuggles. The language barrier, the homesickness, and all the hardships that comes with coming to america. I still hear the stories about them living in a tiny basement apartment when they came here, and how they hardly had money to eat, how they did all these sacrifices to make my life better. For my parents the american dream was to offer their kids a better life than they had. To make it easier for me to get an education. Something that I could not do in my country. This was their american dream. Something that I am proud to say they achieved. Although mango street does show all the stuggles that latinos go through it also shows something else, esperanza, meaning hope in spanish. Hope is what many people hold on to when they come to america. Hope that they will live better lives, hope that someday they will own their own home, hope that their children will get the education they deserve. Hope, something that esperanza has and is going to utilize it and her writing gifts to make her american dream come true.

Analysis of a Copper Sulfate Sample Essay

The purpose of this experiment is to find the empirical formula of a hydrous copper sulfate sample and the amount of water in the sample. This whole process will be determined in three different experiments. Procedure: Experiment 1 – Percentage of water in sample. The percentage of water in hydrous copper sulfate was determined. Clean, dry and weight the crucible then add sample of hydrous copper sulfate and reweigh crucible. Heat the sample until it becomes white, which indicates that the water was removed. Let the crucible cool, then reweigh. Repeat until there is a constant temperature. Experiment 2 – Percentage of copper in water in sample. Next the percentage of copper in the hydrous copper sulfate needs to be determined. Clean the glassware then get four 50 mL Erlenmeyer flasks with 25 mL of the stock solution and aqueous solvent. Prepare all the unknown sample solutions for determining Beer’s Law Graph. Turn on colorimeter at 100% T then calibrate. Get the data and analyze it if it is correct. Experiment 3 – Percentage of sulfate in sample. Weight out the sample and dissolve it. Heat it and then slowly add the precipitating agent. Heat it for about 30 minutes while assembling the filtering device. Heat the aluminum pan with the filter, cool and then weigh it. Filter out barium sulfate solution, dry out filter and weight the sample and filter. Heat and weigh repeating until it is constant. Discussion and Errors: The main error that occurred was that my partner and I entered the wrong numbers in the Concentration section resulting in incorrect data. We put the incorrect concentration levels and we had no time to correct it. Everything in the calculation of the empirical formula came out precise though, with such little error. My highest error percent was Water with 1.5% which could have just been that I didn’t burn it enough.

Disclaimer

Thank you for choosing Superiorpapers. com a subsidiary of Universal Research Inc. We aim to provide you with the highest quality academic products and services available. If at any time you have a question or a problem we will do everything within reason to help you achieve academic success. By placing your order with Superiorpapers. com you agree that you have read and fully understand the complete universal terms and conditions of this user agreement.Upon accepting these terms you legally authorize us to charge your credit card or other payment method in the total amount of the agreed upon sum for the academic products or services as shown in your order. Be advised that any unauthorized use of a stolen credit card is prohibited by law and will be reported to state and federal law enforcement agencies for further investigation. We work closely with Authorize. net to fight cyber crime and report all fraudulent orders for prosecution.We strive for the highest level of satisfaction av ailable; however, we can not and will not be held liable or responsible for any type of delivery issues to any customer resulting from problems such as spam filters, incorrect email, and lack of internet access or general neglect. Our customer service department is available 24 hours a day to assist you with any problems you may have regarding the delivery of your order.We will do our best to meet your academic writing needs but maintaining up-to-date software and ensuring that you have given us the correct contact information is the sole responsibility of you the customer. The research material that we provide to you is available as a unique reference that is designed to assist you in the completion of your assignments and or academic obligations. In the unlikely event that you receive your order after your specified deadline you may request a partial or full refund.It is the sole discretion of Superiorpapers. com to approve or disapprove your request on an individual case by case basis. Free Revision Policy The Free Revision policy is a courtesy service that we provide to help ensure your total satisfaction with your completed order. To receive your free revision we require that you provide your request for a revision within 14 days of the completion date. If your revision request falls within these guidelines we will happily revise your order to meet your initial requirements free of charge.The instructions or assignment may not be changed from the original order to comply with our revision policy. After the 14 day timeline has passed it shall be assumed that you the customer are satisfied with your order and will no longer be eligible for the free revision courtesy service. We are fully committed to your satisfaction and will be happy to work with you to resolve any issue you may have. If you have missed the policy deadline you may choose to have your order revised for a nominal fee. Conditional Refund GuaranteeIf you are not fully satisfied with the resea rch product or services that is prepared and provided by our company; you can submit a refund request in writing no later than three days after the completion of your order. If your refund request is not received within 72 hours it is to be assumed among both parties that you are satisfied with your order and at that time you will not be eligible for any refunded amount. If you need to cancel your order you may do so at any time prior to the fulfillment of your order.All refunds and cancellations should be communicated and expressed in writing by using our order messaging system or can be e-mailed to [email  protected] com. It is the sole discretion of Superiorpapers. com to approve or disapprove your request on an individual case by case basis based on the violation of your user agreement. The following is a list of potential issues that may affect you in receiving your order by the requested deadline. We can not guarantee a refund of your order or services if any of the followin g should occur. †¢ The order is not paid on time:We can not begin working on your order until you have made your payment for the entire amount of the products or services and Superiorpapers. com will not be liable or responsible for the failure of a customer to pay on time. †¢ Verification issues: Protecting the billing information of our customers and eliminating fraud is a priority that we take seriously. When requested to verify your billing information it is your sole responsibility to comply immediately to ensure that your billing information meets our anti-fraud policies and procedures.Any verification requests must be completed in the following time schedule. If the order is requested to be delivered between 48 hours and 10 days your billing information must be verified within the first 8 hours to comply with any implied warranty or guarantee. If your urgency level is within 12-24 hours your billing information must be verified within the first 1 hour to comply with any implied warranty or guarantee. If your urgency level is less than 12 hours your billing information must be verified within the first 20 min to comply with any implied warranty or guarantee. Lack of clear instructions: Because we work directly from your instructions they must be clear and precise. If your instructions are not clear and additional instructions are not provided in the required time schedule; we can not fulfill any implied warranty or guarantee.Listed below is our required timeline to ensure that you comply with the policies and procedures regarding the submission of your instructions. Failure to meet the following schedule will result in a violation of the terms and conditions and forfeit any claim to the implied warranty or guarantee. 8 hours – 10 days – Instructions and all additional requests must be received within the first 8 hours. 12 hours – 24 hours – Instructions and all additional requests must be received within the first 1 hour. 12 hours – or less – Instructions and all additional requests must be received within the first 20 minutes. †¢ Matching of the Academic Level: In the event that the desired academic level chosen by the customer is the improper academic/quality level (either by accident or intent); the customer shall assume all liability for such issue.It is the responsibility of the customer to choose the correct academic level that best fits the needs of the required assignment at the time of the order. If you have made an error while placing your order then please contact customer support immediately to assist you. †¢ Checking the messaging system: Our message system is an easy and convenient way to communicate. It is the sole responsibility of you the customer to check the message system to address any questions, concerns, or additional instructions needed by the writer.Failure or neglect to check the messaging system shall not be sufficient grounds for a refund of s ervices rendered. If you are unsure how to use the system, you may contact our customer support team at any time for assistance or instructions. †¢ The sources: In the event that the sources required for your order are rare, obscure, not open sourced and readily available to the general public. It is the responsibility of you the customer to provide those materials at the time you place your order or within the required time schedule listed below.Failure to do so will result in a violation of the terms and conditions and forfeit any claim to the implied warranty or guarantee. Sources must be provided by: 48 hours – 10 days: Instructions and all sources must be received within the first 8 hours. 12 hours – 24 hours: Instructions and all sources must be received within the first 1 hour. 12 hours – or less: Instructions and all sources must be received within the first 20 minutes. By completing your order and making your payment you agree and acknowledge that you have read and understand our Terms and Conditions listed on this page and abide by the binding agreement herein.You also acknowledge that you will receive no additional warranty or guarantee beyond the above mentioned policies, terms and conditions of your academic assistance products or services. By making your purchase you agree to hold harmless and wave any future liability against Superiorpapers. com or Universal Research Inc. Important: Use of the stolen credit cards is prohibited and is considered to be a serious crime. We closely cooperate with Authorize. net to fight cyber crime and we will report all the fraudulent orders to State and Federal Agencies

Pedro Almodovar Paper

Christiaan Respeto Pedro Almodovar Analysis Paper Pedro Almodovar is a Spanish director that is arguably the most influential Spanish filmmaker of his generation. He is known for his bold and risky story plots and characters as well as his openness to sexuality. He is very influenced by the underground lifestyles of individuals and peoples sexuality. Almodovar’s influences and history undoubtedly show through his career. Pedro was born on September 25, 1949 in Calzada de Calatrava, Spain. He lived in poverty as a child with his mother, father, brother, and two sisters.Pedro spent a lot of his time going to a local theater watching movies from all over the world dubbed in Spanish, which was the mark of passion for film. When Pedro was eight he was put into a Catholic boarding school in Caceres, Extremadura, where there was hope that Pedro would become a priest. After his education Pedro decided to move to Madrid against his family’s wishes to pursue his dream of being a film director. Pedro Supported himself working at a Spain national phone company while making short films on the side.Pedro finally gained recognition with his films â€Å"Pepi, Luci, Bom† and â€Å"Other Girls Like Mom† for their humor and expressive sexuality. Pedro gained international recognition with his film â€Å"Woman on the Verge of a Nervous Breakdown† a movie that was widely accepted for its female centered style. Almodovar had many influences in his life especially by other film directors such as Luis Bunuel, Rainer Fassbinder, Alfred Hitchcock, John Waters, Ingmar Bergman, Edgar Neville, Federico Fellini, George Cukor, Luis Garcia Berlanga, and Marco Ferreri. He is very influenced of family and deep close relationships between individuals.Pedro is also influenced by sexuality since many of his stories contained characters that are gay, lesbian, trans-gender, and have strong sexual desire. Women also seem to be a big influence in Almodovar’s f ilms since there are strong female leads and characters in many of his films. The style Almodovar uses in his films is experimenting with elements that are not mainstream in the modern film world. Almodovar is known for films that are bold and risky for they’re expressive sexuality, complex mature narrative, and presenting the underground lifestyle of junkies and crime stricken areas.The narratives in his films are very complex and mature with dark story plots that push the edge of what is accepted in modern cinema. His use of editing in his films however are very mainstream and take the classical Hollywood approach with continuity editing but, at times uses fades and text. Almodovar uses strong female characters as well as characters that are homosexual and bi-sexual. Part 2 All About my Mother Critique ‘All about my Mother ‘ is a film that expresses the power of family and sisterhood. The film tells a very deep and dramatic story with complex characters that rea lly enhance the experience of the film.Through the films editing, cinematography, and character development the film is surely one of Almodovar’s best films. The editing in the film is very classical Hollywood style with the use of continuity editing although when a large amount of time passes large text is displayed on screen to tell the audience exactly how long time has passed. The film also plays around with fades in cool ways such as when Manuela goes to watch the performance of â€Å"A Streetcar Named Desire†, Esteban’s notebook is still on screen from the last scene faded in the background as the camera pans to Manuela.The cinematography in the film is very much like a soap opera with a lot of still shots and characters really being the main focus of every shot. The film does like to pan and track characters very often. The cinematography also reminds me of classic Hollywood style which helps push the story in a continuous and satisfying way. Character de velopment is a huge and well executed in this film. Manuela was a character that really developed through the movie. When Esteban dies Manuela is a wreck that couldn’t even speak about her son with others.Over time she starts to heal little by little and tell more about her sons death. For example a great scene where it shows that Manuela developed, as a character was when she meet up with Lola to show him his son from Rosa and talks about their son who passed away. She even goes as far as to show Lola Esteban’s notebook, which she was so protective of. She also parts ways with Esteban’s picture so that Lola may have it. Overall I think this is a great film by Almodovar that kept me compelled to the very end.The film had great use of editing, cinematography, and character development that really pushed the story and experience of the film. Through it’s deep storyline and complex characters this film is definitely something I will not forget. Citation http ://en. wikipedia. org/wiki/Pedro_Almod%C3%B3var http://www. helium. com/items/310894-pedro-almodovars-influence-on-filmmaking-today http://www. rottentomatoes. com/celebrity/pedro_almodovar/biography. php http://movies. yahoo. com/person/pedro-almodovar/biography. html

World

Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs Report VOLUME I INDIA March 2003 Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs CHAIRMAN Dr. Justice V. S. Malimath Formerly, Chief Justice of Karnataka and Kerala High Courts Chairman, Central Administrative Tribunal Member, National Human Rights Commission Bangalore 560 052 MEMBERS S. Varadachary, IAS, (Retd. ) Bangalore 560 076 Amitabh Gupta, IPS, (Retd. ) Formerly, Director General of Police, RAjasthan Jaipur 302 015 Prof. (Dr. ) N. R. Madhava Menon Vice-ChancellorWest Bengal National University Of Juridical Sciences Kolkatta 700 098 D. V. Subba Rao Advocate Chairman, Bar Council of India Vishakhapatnam MEMBER –SECRETARY Durgadas Gupta Joint Secretary Ministry of Home Affairs, Government of India New Delhi 110 011 STAFF OF THE COMMITTEE Sri C. M. Basavarya Formerly, District & Sessions Judge, Registrar & Director of Training, High Cou rt of Karnataka. Bangalore 560 094. Executive Director Sri K. Girither Inspector Central Reserve Police Force Personal Assistant Smt Binnu Menon Sub Inspector Central Reserve Police Force Stenographer Sri S. M. Reddy Asst. Sub-InspectorCentral Reserve Police Force Clerk Sri V. Raja Constable Central Reserve Police Force Office Attender Sri M. K. Uthaiah Constable Central Reserve Police Force Office Attender Committee on Reforms of Criminal Justice System (Government of India, Ministry of Home Affairs) 12/A Diagonal Road Vasanthanagar Bangalore 560 052 â€Å"Everything has been said already, but as no one listens, we must always begin again. † Andre Gide French thinker and writer CONTENTS PART – I FUNDAMENTAL PRINCIPLES 1. 2. 3. 4. 5. 6. Need for Reform of the Criminal Justice System Adversarial System Right to Silence Rights of the AccusedPresumption of Innocence and Burden of Proof Justice to Victims 3 23 39 59 65 75 PART – II INVESTIGATION 7. Investigation 8. 87 Prosecution PROSECUTION 125 PART – III JUDICIARY 9. 10. 11. 12. 13. Courts and Judges Trial Procedure Witness and Perjury Vacation for Court Arrears Eradication Scheme 133 145 151 157 163 PART – IV CRIME & PUNISHMENT 14. 15. 16. 17. 18. 19. 20. Offences, Sentences, Sentencing & Compounding Reclassification of Offences Offences against Women Organised Crime Federal Law and Crimes Terrorism Economic Crimes 169 181 189 195 207 213 233 PART –V LOOKING AHEAD 21. 22. 23. Emerging Role of the Legal ProfessionTraining – A Strategy for Reform Vision for Better Criminal Justice System 249 253 259 PART –VI RECOMMENDATIONS 24. Recommendations 265 ACKNOWLEDGEMENT The nation is grateful to Sri. L. K. Advani, Deputy Prime Minister and Home Minister, for his vision for comprehensive reforms of the entire Criminal Justice System including the fundamental principles and the relevant laws. Hitherto, efforts were made to reform only certain set of laws, or one part icular functionary of the system in piecemeal. This type of compartmental examination missed the vital focus on justice to victims and national concern for peace and security.The commitment made by him and his distinguished colleague Sri. Arun Jaitley, Minister for Law and Justice, to implement the reforms, once the Committee makes its recommendations, is a fitting answer to the cynics that the Report on Reforms of Criminal Justice System will be one more addition to the several earlier reports that are gathering dust in the Archives of the Government. The Committee is beholden to the then Chief Justice of India, Dr. A. S. Anand, for calling upon all the High Courts to provide all information and assistance the Committee needs.Our grateful thanks to former Chief Justice Sri. B. N. Kirpal for ensuring that all the High Courts send the reports sought by the Committee on the State of Health of Criminal Justice in their respective States. The Committee is grateful to Sri Justice V. N. K hare, the Chief Justice of India for avincing keen interest in the Committee’ work. s Justice P. V. Reddy, Judge Supreme Court, the then Chief Justice of Karnataka High Court, placed at the disposal of the Committee, the building for housing the Committee’ office in Bangalore. The Committee is grateful to him. sThe Committee is grateful to all the State Governments, High Courts, Officers of the Police Departments, Prosecution Department, Law Departments and Home Department. Our sincere thanks to the Bar Association of India, New Delhi, the Indira Gandhi Institute of Development Research at Mumbai and Asian College of Journalism, The Hindu in Chennai for collaborating with our Committee in organising seminars on different topics and to the National Law Universities at Bangalore and Kolkatta for rendering whatever assistance the Committee needed from time to time. Our thanks to Sri. Shivcharan Mathur, former Chief Minister Rajasthan, Sri.Justice N. L. Tibrewal, former Ch ief Justice of Rajasthan, Justice Dave, Sri. Rajendrashekhar, former Director CBI and DGP Rajasthan, Sri. K. P. S. Gill, former DGP Punjab and Assam, Sri. Rajath Sharma, Media personality and Prof. P. D. Sharma for assisting the Committee in organising the seminar at Jaipur. Our sincere thanks to Chief Ministers, Ministers, Judges— present and former, distinguished lawyers, Police Officers, media personalities, politicians, social scientists, institutions and organisations and NGOs who have assisted the Committee in organising or participating in seminars, group discussions or meetings.A word of special gratitude to the respected Dr. R. Venkataraman, former President of India, Sri. Bhairon Singh Shekhawat, Vice-President of India, Former Chief Justices Ranganath Misra, Ahmadi and Kania, Justice Jagannatha Rao, Chairman, Law Commission of India, Justice Jayachandra Reddy, Chairman Press Council of India, Justice K. T. Thomas, Sri. Soli Sorabjee, Attorney General for India, Sri . Fali Nariman, President, Bar Association of India, Senior Counsel Dr. L. M.Singhvi, Sri. Venugopal, Sri. Shanti Bhushan, Sri. Dipankumar Gupta, Sri. V. R. Reddi, Sri. K. N. Bhat, Sri. C. S. Vaidyanathan, Sri Lalit Bhasin, Lord Goldsmith, Attorney General of England, Sri Badri Bahadur Karki, Attorney General of Nepal and experts from USA, Judge Kevin Burke, Mr. Robert Litt, Mr. Ranganath Manthripragada, Ms. Dianne Post from the USA and Mme Maryvonne Callebotte, Mr. Jean Luis Nadal, Mr. Roussin, Mme. Claude Nocquet and Mr. Lothion from France.The Committee appreciates the helpful gesture of the Governments of USA, France and UK in inviting the Committee to visit their States to acquaint the Committee with the functioning of their respective Criminal Justice Systems and the reforms they are undertaking. The Committee could not go to USA ad UK for want of time. The Chairman and Sri. D. V. Subba Rao could visit France. Our grateful thanks to USAID for bringing in four experts to Delhi to brief the Committee about the American System. The Committee would like to record its deep sense of appreciation for the excellent dedicated service of Sri.C. M. Basavarya rendered as Executive Director of the Committee. The Committee is thankful to the Director General of CRPF for lending the staff consisting of Inspector K. Girither, Sub-Inspectors Binnu Menon and G. Yamini Rekha, Asst. Sub Inspector S. M. Reddy, Constables V. Raja and M. K. Uthaiah to work for the Committee. The Committee records its appreciation and conveys its thanks to each one of them for excellent service and help to the Committee to complete its task on schedule. PART – I FUNDAMENTAL PRINCIPLES 2 3NEED FOR REFORM OF CRIMINAL JUSTICE SYSTEM _ â€Å"Law should not sit limply, while those who defy it go free and those who seek its protection lose hope†. (Jennison v. Baker (1972) 1 All ER 997). COMMITTEE AND ITS WORK 1. 1. The Committee on Reforms of the Criminal Justice System was constituted by the Government of India, Ministry of Home Affairs by its order dated 24 November 2000, to consider measures for revamping the Criminal Justice System. (Annexure-1). The terms of reference for the Committee are: i. ii. iii. iv. v.To examine the fundamental principles of criminal jurisprudence, including the constitutional provisions relating to criminal jurisprudence and see if any modifications or amendments are required thereto; To examine in the light of findings on fundamental principles and aspects of criminal jurisprudence as to whether there is a need to re-write the Code of Criminal Procedure, the Indian Penal Code and the Indian Evidence Act to bring them in tune with the demand of the times and in harmony with the aspirations of the people of India; To make specific recommendations on simplifying judicial procedures and ractices and making the delivery of justice to the common man closer, faster, uncomplicated and inexpensive; To suggest ways and means of developing such synergy among the judiciary, the Prosecution and the Police as restores the confidence of the common man in the Criminal Justice System by protecting the innocent and the victim and by punishing unsparingly the guilty and the criminal; To suggest sound system of managing, on professional lines, the pendency of cases at investigation and trial stages and making the Police, the Prosecution and the Judiciary accountable for delays in their respective domains; vi. To examine the feasibility of introducing the concept of â€Å"Federal Crime† which can be put on List I in the Seventh Schedule to the Constitution. 1. 2. The Committee was constituted under the Chairmanship of Justice V. S. Malimath, former Chief Justice of Karnataka and Kerala High Courts, Chairman, Central Administrative Tribunal and Member of the Human Rights Commission. The other members of the Committee are Sri S. Varadachary, IAS (Retd), former Advisor, Planning Commission of India and Sri Amitabh Gupta, former Director General of Police, Rajasthan.Sri Durgadas Gupta, Joint Secretary (Judicial), Ministry of Home Affairs was made the Secretary. On the recommendation of the Committee Justice Sri T. S. Arunachalam, former Judge of Madras High Court and Prof. N. R. Madhava Menon, Vice-Chancellor, West Bengal National University of Juridical Sciences were co-opted. Later, Justice Sri. T. S. Arunachalam tendered his resignation on personal grounds where-upon Sri D. V. Subba Rao, Advocate who also happens to be Chairman of the Bar Council of India was co-opted in his place.Sri Durgadas Gupta, Secretary of the Committee was made the Member Secretary of the Committee. Sri C. M. Basavarya, former District Judge and Registrar of the Karnataka High Court was appointed as Executive Director so that the Committee has the benefit of trial court experience in criminal matters. The term of the Committee, which was six months from the date of its first sitting, has been extended till 31 March 2003. Thus it may be noted that there is a wholesome combination of expertise of all the relevant fields — the Judiciary, the Bar, the Police, the legal academic and administrator. . 3. The notification constituting the Committee does not expressly state the reasons for constituting the Committee, obviously for the reason that they are too well-known. The statement in the notification that the Committee has been constituted â€Å"to consider measures for revamping the Criminal Justice System† implies that the Criminal Justice System is in such a very bad state as to call for revamping. A former Chief Justice of India warned about a decade ago that the Criminal Justice System in India was about to collapse.It is common knowledge that the two major problems It is common knowledge that the besieging the Criminal Justice System two major problems besieging the are huge pendency of criminal cases Criminal Justice System are huge and the inordinate delay in disposal of pendency of crimin al cases and the criminal cases on the one hand and the inordinate delay in disposal of very low rate of conviction in cases criminal cases on the one hand and involving serious crimes on the other. the very low rate of conviction in This has encouraged crime.Violent and cases involving serious crimes on organised crimes have become the the other. order of the day. As chances of convictions are remote, crime has 5 become a profitable business. Life has become unsafe and people live in constant fear. Law and order situation has deteriorated and the citizens have lost confidence in the Criminal Justice System. 1. 4. The ultimate aim of criminal law is protection of right to personal liberty against invasion by others – protection of the weak against the strong law abiding against lawless, peaceful against the violent.To protect the rights of the citizens, the State prescribes the rules of conduct, sanctions for their violation, machinery to enforce sanctions and procedure to pr otect that machinery. It is utter selfishness, greed and intolerance that lead to deprivation of life, liberty and property of other citizens requiring the State to step in for protection of the citizens’ rights. James Madison writes in his book The Federalist that â€Å"if men were angels no government would be necessary†. It is the primary function of the government to protect the basic rights to life and property.The State has to give protection to persons against lawlessness, disorderly behaviour, violent acts and fraudulent deeds of others. Liberty cannot exist without protection of the basic rights of the citizens by the Government. 1. 5. This is the first time that the State has constituted such a Committee for a thorough and comprehensive review of the entire Criminal Justice System so that necessary and effective systematic reforms can be made to improve the health of the system. Prison administration is one of the functionaries of the Criminal Justice System. However, it does not fall within the mandate of the Committee. All the earlier initiatives were of a limited character to bring about reforms in the relevant laws, substantive and procedural laws, judicial reforms or police reforms. The Committee is required to take into account the recommendations made by the Law Commission of India, the Conference of Chief Ministers on Internal Security, the Report of Task Force on Internal security and Padmanabhaiah Committee Report on Police Reforms. 1. 6. The terms of reference are very wide and comprehensive.They require the Committee to examine the fundamental principles of criminal jurisprudence and relevant constitutional provisions and to suggest if any modifications or amendments are needed. If, on such review the Committee finds that any amendments to the Code of Criminal Procedure, the Indian Penal Code or the Indian Evidence Act are necessary to bring them in tune with the demands of time and the aspirations of the people, it can make necessary recommendations. The Committee is not called upon to take up a general review of all these three statutes. The mandate of the Committee is limited o recommending only such amendments to these statutes as may be necessary in the light of its findings on review of the fundamental principles of criminal jurisprudence. Therefore, the Committee has not undertaken any general review of these Statutes. 6 1. 7. The well recognised fundamental principles of criminal jurisprudence are ‘ presumption of innocence and right to silence of the accused’ ‘ , burden of proof on the Prosecution’ and the ‘ right to fair trial’ Examination of . ‘ Adversarial System’ followed in India being an aspect of the concept of ‘ fair rial’ falls within the purview of the Committee. Simplifying judicial procedures and practices, bringing about synergy among the judiciary, Simplifying judicial procedures the Prosecution and Police, making an d practices, bringing about the system simpler, faster, cheaper synergy among the judiciary, the and people-friendly, and restoring the Prosecution and Police, making the confidence of the common man are system simpler, faster, cheaper and the other responsibilities of the people-friendly, and restoring the Committee.This includes improving confidence of the common man are the investigation and trial procedures the other responsibilities of the on professional lines for expeditious Committee. dispensation of justice and making the functionaries accountable. The Committee is also required to examine if the concept of ‘ Federal Crimes’ can be put in List 1 of the Seventh Schedule of the , Constitution so that it becomes the exclusive responsibility of the Central Government. STRATEGIES ADOPTED BY THE COMMITTEE 1. 8.Realizing the importance and magnitude of the task, the Committee decided to reach out to every section of the society, which has a stake in the system, direct ly or indirectly. Accordingly the Committee decided to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Prepare a questionnaire and obtain responses from all walks of society. Organize seminars on important issues in different parts of the country. Participate in seminars or meetings organised by others. Meet citizens from different States hailing from different walks of life.Obtain the views of the State Governments. Obtain the views of the High Courts and the Judges. Obtain the views of Central and State Bar Councils and members of the Bar. Seek the views of Attorney General and Advocate Generals of the States. Obtain the views of the Heads of Police Departments. Obtain the views of the Heads of Prosecution Departments. Obtain the views of the Forensic Scientists. Obtain the views of the academics in law. Obtain the views of the media persons. Get research done by scholars on important topics. 7 (15) (16) (17) (18) (19)Study the relevant reports of the Law Commission of India, Report of Dharmavira Committee, Report of Padmanabhaiah Committee, Report of Vohra Committee, Report of Task Force on internal security, Report of Chief Ministers conference on Internal Security and other Commissions on topics relevant to the Criminal Justice System. Study the Criminal Justice Systems in U. K, Australia, France, USA and other countries and the reforms undertaken by them. Make a comparative study of Criminal Justice Systems in 20 selected countries from different continents. Interact with experts from different countries in the world.Examine Reports of the National Crime Bureau upto 2000. 1. 9. After an in-depth study of the problem facing the Criminal Justice System the questionnaire was prepared and sent to 3,164 persons enclosing a pre-paid envelope to enable them to respond without incurring any expenditure. The list includes the Prime Minister, Home Minister, Law Minister, Attorney General, Home Secretary, Law Secretary, Govt. of India, Law Commission of India and functionaries of the State Governments such as the Chief Ministers, Home Ministers, Law Ministers, Chief Secretaries, Law Secretaries, Home Secretaries, Advocate Generals, D.GsP, Director of Prosecution, the Chief Justices of the High Courts, Senior District Judges, different Bar Associations and State and Central Bar Councils, Bar Association Lawyers. However the number of responses received is only 284. 1. 10. Views of all the High Courts and information relating to institutions, pendency, disposal and other relevant information were sought from all the High Courts. As the response was not encouraging, the Chief Justice of India, on being requested by the Chairman, called upon all the High Courts to send their responses.As a result of the initiative of the Chief Justice, all the High Courts have sent their reports. (Refer Appendix 5, Volume II). However some of them have not furnished all the information sought, in the pro forma in regard to filing, disposal, pendency of criminal cases etc. 1. 11. Similarly all the State Governments were requested to send their views. But only the States of Arunachal Pradesh, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh and Jammu & Kashmir have submitted their replies. Other States have not responded inspite of repeated requests. (Refer Appendix 6, Volume II). . 12. Reports on the functioning of the prosecution system in all the States were sought from the respective heads of Police Departments. Reports have been received from the States of Arunachal Pradesh, Bihar, Goa, Himachal Pradesh, Karnataka, Madhya Pradesh, 8 Orissa, Tamil Nadu, and Uttaranchal. Others have not responded. (Refer Appendix 7, Volume III). 1. 13. The Committee organised seminars as follows: – Date 9 February 2002 Place Chennai Topic Media and Criminal Justice System 23/24 February 2002 Jaipur Reforms of Criminal Justice System (Investigation, Sentencing and Prosecution) 2/23 March 2002 Mumbai Economic Crimes and Finan cial Frauds 26/27/28 April 2002 Delhi Fundamental Principles of Criminal Justice – A Fresh Look. 1. 14. Several other seminars organised on the recommendations of the Committee by different organizations and many more seminars organised by different organisations on the topics concerning the Criminal Justice System in which the Chairman or members of the Committee actively participated are the following: Date Place Topic 16 February 2002 Haveri, Karnataka Reforms of Criminal Justice System 10 July 2002 Delhi Use of Handcuffing – a rational approach. 7/28 July 2002 Hyderabad Forensic Science, its use and application in investigation and prosecution. 12 September 2002 Lucknow Symposium on Criminal Justice Administration and Dalits 13 September 2002 Allahabad 4 October 2002 Delhi Application of Information Technology in Legal System and Reforms Of Criminal Justice System. Insulating Police from External Pressures. 10/11 October 2002 Delhi Law of Arrest Accountability. 11 January 2003 Pune Reforms of Criminal Justice System –Speedier and Efficient Procedure for Trial Of Criminal Cases. – Police Powers and 9 1. 15.It is heartening to know that many eminent personalities participated in these seminars. Notable among them are Dr. R. Venkataraman, former President of India, Sri Bhairon Singh Shekhawat (now Vice-President of India), Sri Arun Jaitley, Honourable Minister for Law, former Chief Justices Sri Ranganath Misra, Sri A. M. Ahmadi, Sri M. H. Kania, Dr. A. S. Anand, former Supreme Court Judges Sri. K. Jayachandra Reddy, Sri. Jaganadha Rao, Sri. K. T. Thomas and many Senior Advocates Sri. Fali Nariman, Sri Soli Sorabjee, Attorney General, Sri K. K. Venugopal, Sri Shantibhushan, Sri. P.P. Rao, Sri V. R. Reddy, Sri. Dipankar P. Gupta, Sri. K. N. Bhat. 1. 16. The Chairman held discussions with Mr. Badri Bahadur Karki, Attorney General of Nepal who is engaged in reforming the criminal prosecution system in his country. The Chairman discusse d with Lord Goldsmith, Attorney General of U. K and held discussion with particular reference to several reforms undertaken in that country. The Chairman and members Professor Madhava Menon and Mr. Subba Rao participated in a video conference on reforms with prominent criminal lawyers from U. K. The Chairman and member Mr.Subba Rao visited Paris on the invitation of the French Government to study the Inquisitorial System followed in that country. Similar invitation from USA Agency USAID could not be accepted for want of time. Therefore USAID was good enough to send four experts to New Delhi who enlightened the Committee about the salient features of the Criminal Justice System in USA. 1. 17. The Committee made an in-depth study of the materials gathered in respect of all the 19 items mentioned in the earlier paragraph. CRIMINAL JUSTICE SYSTEM – AN OVERVIEW:Whatever views one holds about the penal law, no one will question its importance to society.This is the law on which men place their ultimate reliance for protection against all the deepest injuries that human conduct can inflict on individuals and institutions. By the same token, penal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instrument of safety is matched only by its power to destroy. Nowhere in the entire legal field is more at stake for the community or for the individual. Herbert Wechsler 10 1. 18. There was no criminal law in uncivilized society. Every man was liable to be attacked on his person or property at any time by any one.The person attacked either succumbed or over-powered his opponent. â€Å"A tooth for a tooth, an eye for an eye, a life for a life† was the forerunner of criminal justice. As time advanced, the injured person agreed to accept compensation, instead of killing his adversary. Subsequently, a sliding scale of satisfying ordinary offences came into existence. Such a system gave birth to the a rchaic criminal law. For a long time, the application of these principles remained with the parties themselves, but gradually this function came to be performed by the State. . 19. Since Independence and the promulgation of our Constitution rapid strides have been made in almost all fields. The communication revolution has opened the eyes, ears and minds of millions of people, resulting in increasing expectations of an ever growing population. The desire for quick, fair and affordable justice is universal. Protection of life and liberty have been given a pre-eminent position in our Constitution by enacting Article 21 as a fundamental right and imposing a duty on the State to protect life and personal liberty of every citizen.Any deprivation or breach of this valuable right is not permissible unless the procedure prescribed by law for that purpose is just, fair and reasonable. Has the State been able to keep up to this promise in a substantial measure? The ground reality, however, is that this precious fundamental right is turning out to be a mere pipe dream to many millions to whom justice is delayed, distorted or denied more than its delivery in accordance with the ideals enshrined in the Constitution. The entire existence of the orderly society depends upon sound and efficient functioning of the Criminal Justice System. 1. 20.Latest report of the National Crime Record Bureau, 2000 (NCRB) published by the Ministry of Home Affairs, shows that in the year 1951 there were 6,49,728 cognizable crimes under the IPC. This has risen to 17,71,084 in the year 2000. In the year 1953 (figures for 1951 are not available) there were 49,578 violent crimes whereas in the year 2000 the number of violent crimes has increased to 2,38,381 (for the sake of illustration only figures of cognizable IPC crimes have been taken). These figures indicate an abnormal increase in the number of serious crimes. At the same time the population of the country which was 361. million in 1951 has increased to 1002. 1 million in 2000. 11 Consolidated Statement of Police Strength and of Cases Investigated by the Police in India 1996 to 2000 S. No 1. 2. 1996 Total strength of State Police Forces 1997 1998 1999 2000 9,56,620 9,87,378 10,20,171 10,32,956 10,26,917 3. Workload of Civil Police : Total cases investigated by police divided by total number of investigating officer (ASIs to Inspectors) IPC Cases 16,78,453 16,63,666 17,53,121 17,94,390 17,92,896 SLL Cases 41,95,778 46,00,513 44,09,133 35,47,072 33,66,127 Total Total number of cases in which investigation as completed by the police – 58,74,231 62,64,179 61,62,254 53,42,462 51,59,023 IPC Cases SLL Cases 18. 7 17. 8 17. 8 17. 2 16. 5 41. 7 42. 9 39. 3 28. 3 26. 1 60. 4 60. 7 57. 1 45. 5 42. 6 Total Consolidated Statement of Cases Dealt with by the Courts in India from 1996 to 2000 Sl No 1 1996 No. of IPC cases which came up for trial during the year including cases pending at the beginning of the year 52,97,662 199 7 54,81,004 1998 56,60,484 1999 58,90,744 2000 60,23,134 12 Sl No 2 3 4 5 1996 No. of SLL cases which came up for trial during the year including cases pending at the beginning of he year No. of cases in which trial was completed during the year IPC cases SLL cases No. of cases pending trial at the end of the year IPC cases SLL cases Total Conviction rate of those cases in which trial was completed IPC Cases SLL cases 1997 1998 1999 2000 7120383 7751906 7910411 7219222 6717380 843588 3487815 879928 3732474 895414 3679707 930729 3221158 933181 2518475 4252918 4395644 4585559 4775216 4921710 3259637 3625072 3784163 3506947 3649230 7512555 8020716 8369722 8282163 8570940 37. 8% 38. 2% 37. 4% 39. 6% 41. 8% 87. 3% 87. 9% 86. 7% 87. 9% 81. 4% Table 2 1. 21.Out of every 100 cases (both IPC and SLL crimes) reported to and taken up by the Police for investigation, between 25 and 30 cases are IPC crimes and the balance is accounted for by SLL crimes. Of the IPC crimes taken up by police for i nvestigation every year, The above statistics suggest that as of investigation is completed by January 2003, assuming that we have a the police in 76% to 80% of crime free society with Police not having to these cases. The corresponding take cognizance of and investigate any percentage in respect of SLL crime (either IPC or SLL) from now on and cases is between 85 and 95. he strength of the trial courts remain at the present level numerically and efficiency 1. 22. The above statistics wise, (an unrealistic assumption indeed! ) it suggest that as of January 2003, will take a minimum of another four years for the courts to dispose of all these cases. assuming that we have 13 a crime free society with Police not having to take cognizance of and investigate any crime (either IPC or SLL) from now on and the strength of the trial courts remain at the present level numerically and efficiency wise, (an unrealistic assumption indeed! it will take a minimum of another four years for the court s to dispose of all these cases. 1. 23. These figures show that the courts have not been able to cope up with the number of cases that come before them for trial every year. According to Table 1 the total number of complaints received by the police and cases registered during the year 2000 in India is 56,62,773. It is a matter of common knowledge that several persons who are victims of crimes do not complain to the police. During the year 2000 the total number of cases charge-sheeted after investigation is 50,98,304.The total number of cases disposed of by the courts in the year 2000 is 9,32,774. So far as the cases under IPC are concerned, the analysis in the report on page 1 of the NCRB report shows that 79% of IPC cases were investigated in the year 2000, 78. 4% of them were charge-sheeted, 18. 3% of them were tried and 41. 8% of them resulted in conviction. In many Countries like U. K. , U. S. A, France, Japan and Singapore the rate of conviction is more than 90%. 1. 24. Quality of justice suffers not only when an innocent person is punished or a guilty person is exonerated but when there s enormous delay in deciding the criminal Quality of justice suffers cases. It is a trite saying that justice delayed is not only when an innocent justice denied. Table 25(b) of the NCRB report, person is punished or a 2000 furnishes the duration of trial of cases guilty person is exonerated during 2000. It is seen that 10,382 cases of the but when there is enormous duration of 3 to 5 years, 6,503 cases of the delay in deciding the duration of 5-10 years and 2,187 cases of the criminal cases. duration of over 10 years were disposed of by ll the courts in India during 2000. Taking more than 3 years (sometimes even 10 years) amounts to denying fair trial. Speedy trial is a right of the accused that flows from Article 21 as held by the Supreme Court. If the accused is acquitted after such long delay one can imagine the Taking more than 3 unnecessary suffering he was subjecte d to. Many years (sometimes even times such inordinate delay contributes to acquittal 10 years) amounts to of guilty persons either because the evidence is lost or because of lapse of time, or the witnesses do not denying fair trial. emember all the details or the witnesses do not come forward to give true evidence due to threats, inducement or sympathy. Whatever may be the reason it is justice that becomes a casualty. 14 1. 25. Vulnerable sections of the society like women, children and other members of weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations. Crime Against Women Sl No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Crime Head Rape Kidnapping and Abduction Dowry Death Torture Molestation Sexual HarassmentImportation of Girls Sati Prevention Act Immoral Traffic (P) Act Indecent Rep. of Women (P) Act 11. Dowry Prohibition Act Total 1998 15151 16351 6975 41376 30959 8054 146 0 8695 190 1999 154 68 15962 6699 43823 32311 8858 1 0 9363 222 2000 16496 15023 6995 45778 32940 11024 64 0 9515 662 Percentage variation in 2000 over 1999 6. 6 -5. 9 4. 4 4. 5 1. 9 24. 5 63. 0 1. 6 198. 2 3578 131475 3064 135771 2876 141373 -6. 1 4. 1 Year Table 3 Several disturbing features are seen from the figures given in this table. There is a 6. 6% increase in the offence of rape from 1999 to 2000.So far as the percentage of sexual harassment during the same period is concerned, there is an increase of 24. 5%. What is worst is the figures relating to importation of girls obviously for sex which has increased to 63% during 2000. This is quite shocking. 15 1. 26. So far as offences against children are concerned, Table 4 furnishes information about the incidents of different types of offences against them between 1996 and 2000. Offences Against Children Sl No Crime Head Years Percentage variation 2000 2000 over over 1996 1999 -23. 3 -0. 7 24. 5 -10. 1 1996 1. Child Rape . Kidnapping and abduction 3. Procuration of minor girls 4. Selling of girls for prostitution 5. Buying of girls for prostitution 6. Abetment of Suicide 7. Exposure and abandonment 8. Infanticide 9. Foeticide 10. Child marriage restraint act Total 1997 1998 1999 2000 4083 571 4414 620 4153 699 3153 791 3132 711 94 6 87 9 171 11 172 13 147 15 56. 4 150. 0 -14. 5 15. 3 22 13 13 5 53 140. 9 960 11 554 13 582 28 575 24 593 18 660 63. 6 19. 1 -25 11. 2 113 39 89 107 57 78 114 62 56 87 61 58 104 91 92 -8. 8 133. 3 3. 4 19. 5 49. 2 58. 6 5582 5980 5882 4957 5023 -10. 0 1. 3Table 4 The figures show a mixed trend during the last five years. There is an increase of 1. 3% from 1999 to 2000. 16 1. 27. So far as incidence of child rape is concerned, there were 744 victims below 10 years and 2,880 victims between of 10 and 16 years. This shows the extent of child abuse that is prevalent in India and the failure of the system to contain it. This is very disturbing. 1. 28. So far as crime against other weaker sections of th e society namely the SC and ST are concerned, the figures for the years 1998, 1999 and 2000 are furnished in the Tables 5 and 6.Sl No Crime Head Years Percentage variation in 1998 1. Murder 516 506 526 1999 over 1998 -1. 9 2. Rape 923 1000 1083 8. 3 8. 3 3. Kidnapping & Abduction 253 228 268 -9. 8 17. 5 4. Dacoity 49 36 38 -26. 5 5. 6 5. Robbery 150 109 108 -27. 3 -0. 9 6. Arson 346 337 290 -2. 6 -13. 9 7. Hurt 3809 3241 3497 -14. 9 7. 9 8. PCR Act 724 678 672 -6. 3 -0. 9 9. SC/ST 7443 7301 7386 -1. 9 1. 2 11425 11657 11587 2. 0 -0. 6 25638 25093 25455 -2. 1 1. 4 (Prev. of 1999 2000 2000 over 1999 4. 0 Atrocities) Act 10. Others Total Table 5 17 Sl No Crime Head Years Percentage variation in 998 1999 2000 2000 over 1999 59 1999 over 1998 21. 2 66 80 331 384 403 16. 0 4. 9 56 59 48 5. 3 18. 6 1. Murder 2. Rape 3. Kidnapping & Abduction 4. Dacoity 5 3 5 -40. 0 66. 7 5. Robbery 15 8 2 -46. 6 -75. 0 6. Arson 38 43 32 13. 2 -25. 6 7. Hurt 638 646 447 1. 2 -30. 8 8. PCR Act 50 45 31 -10. 0 -31. 1 9. SC/ST 709 574 502 -19. 0 -12. 5 2368 2608 2661 10. 1 -2. 0 4276 4450 4190 4. 1 -5. 8 (Prev. of 26. 3 Atrocities) Act 10. Others Total Table 6 In the year 2000 there was an increase of 1. 4% of crimes against the members of SC. So far as the members of the ST are oncerned the figures indicate that there was an Economic crimes like increase in the number of crimes like murder, smuggling, money laundering, rape, kidnapping, dacoity during 2000 tax evasion, drug trafficking, compared to the figures of the previous year. corruption and serious economic frauds are eating the 1. 29. Economic crimes like smuggling, vitals of the nation in a very money laundering, tax evasion, drug big way. trafficking, corruption and serious economic frauds are eating the vitals of the nation in a very big way. Table 7 furnishes information about major frauds reported during 2000.

Continuous Expansion of its Economy Assignment Example | Topics and Well Written Essays - 3500 words

Continuous Expansion of its Economy - Assignment Example If Hip-hop sells CDs at 11, Gerries sells it at 10 and the latter gets 1800 monthly sales. If Hip-hop sells at 10, still Gerries gets 1800. A low price of 10 is the dominant strategy because Gerries gets it no matter how much the price Hip-hop sells the CDs. The retailers have the option to sell the CDs at 10 or 11, and they can have a pre-commitment to meet the competition. If both sell at 10, they get 2000 each monthly sales, and if they sell at 11, they get 1800 each monthly sales. This is the dominant price. They can collude successfully, meaning they agree to sell this at this price. But each has the option to manipulate or to retaliate. Gerries can outsmart Hip-hop or Hip-hop can outsmart Gerries, making the 360 - 1600 sales for the 10 - 11 sell-off. They both have the ability to retaliate because the difference is only 1. And what is 1 But what is 1 if you multiply it with the number of CDs sold in a month The figure is enticing to the mind of a retailer/businessman because it would seem big: 1 x nos. of CDs in a month would seem big. But if we follow our matrix, the picture is clear that if one sells at 11 and the other 10, the one who sells high will only get 360 and the other 1600. Two fast food restaurant chains, BurgerBinge and McGinnis, are considering outlets within the same small shopping mall. If they both begin operations they will each lose 100,000 pa. If only one sets up it will earn 250,000 pa. profits. Draw up the pay off matrix. Use the matrix to define and explain the notion of "first mover advantage". In the first-mover advantage, a game is in equilibrium when neither player has an incentive to alter their choice. This means that both players have decided to set up their outlets. If they withdraw or do not set up, the game is not in equilibrium. In the matrix, if BurgerBinge sets up the outlet alone, he gets 250,000 profits pa, but if McGinnis sets up too, they will both lose 100,000 each. When both do not set up, they won't have profits, and the game is not in equilibrium. Â  

Travel Trade Essay Example | Topics and Well Written Essays - 1750 words

Travel Trade - Essay Example The confidential information regarding his profession is also exposed. Though several technological steps have already been taken to track the lost device but future can only say how far such technological adoptions have been effective. The domain of data security mainly focuses over protection of data both at the personal and professional arena. On one hand the information technology boom has contributed in a great way by helping an individual receive access to the required data, but there is also a high chance that utilization of such information will happen in a wrong manner. Both for law makers as well as administrators, it is becoming increasingly tough to put a stop over the ongoing process of data exploitation. While reflecting over the pervasiveness of such breach of data security, American Bar Association has reflected, â€Å"Every week brings another headline decrying the latest large scale data compromise. Payment card accounts, social security numbers, and even medical records, all are fundamental building blocks used by malicious hackers to facilitate identity and financial fraud.† (American Bar Association, 2008, p.1) However, as the modern organizations have become conscious about incidents of such unwanted intrusions in their database, those also have come up with different defense mechanisms. Though such steps have not been able to stop the incidents of data exploitation entirely, they have made the task a lot tougher for the hackers. Execution of such task becomes easy for them if they avail access to the confidential information through such lost or stolen devices while a person is traveling. Thus, the travel tourism industry is facing one of the major challenges regarding security of a traveler in the way of facilitating data security. The greatest barriers before tourism industry to provide complete data security to the travelers are the casual approach towards protecting their personal information and lack of enough care

Causes of people purchasing fast food Essay Example | Topics and Well Written Essays - 1000 words

Causes of people purchasing fast food - Essay Example However, if a person eats this food regularly and has a diet mostly made up ofthis junk food, then it can cause health problems such as high cholesterol, diabetes, and obesity. According to Readers Digest magazine (2012), health studies show that â€Å"over 60 percent of Canadian adults and 31.5 percent of Canadians aged 2 to 17 are overweight or obese.†(Readers Digest, 2012), It cannot be disputed that fast food plays a key role in these shocking statistics. The main causes for people choosing to eat fast food over cooking healthy meals are availability, convenience, low prices, and advertising. Because fast food is now available in many locations around the clock, it is now a part of many Canadians’ everyday meal plans because a wide variety of fast food restaurants are available to the public throughout the day and night. In Canada, there are over 62,600 fast food service outlets, and many of them are accessible 24 hours a day (Statistics Canada, 2009). Because of th e numerous food outlets that are available, many consumers now eat whenever they feel the urge to and not necessarily when the body requires food. In addition, fast food is not only available in restaurants but also in elementary schools, secondary schools, and universities. For example, many elementary schools have weekly pizza and McDonalds days, while a vast amount of universities proudly display the number of Starbucks and Tim Hortons located on campus. This availability allows students of all ages to routinely purchase fast food instead of learning how to eat healthily. As a result of fast food being obtainable anytime and toand night, and to all age groups, it is clear that availability is one of the key reasons for consumers eating fast food. Another major cause of people choosing to eat fast food is due to the convenience that it provides. It is quick and easy to locate any fast food restaurant simply through using a computer, phone, or telephone book. There are even apps fo r electronic devices to locate the nearest fast food restaurant. For instance, if an individual is driving to work and is feeling, then a simple push of a button on a phone or GPS to locate ‘nearest food’ will result in a location being found. Also, if you are driving and have little time available, you do not even need to get out of your car. Many establishments have full menus available at drive through locations, which makes it extremely easy and quick to pick up a meal on-the-go. This convenience allows fast food to fit easily into the hectic daily schedules of people who do not have the time to prepare healthy and nutritious meals or those who do not want to go to the hassle of making a meal. Consumers are also drawn towards fast food because of the low prices available. With the tight financial economy today, saving money is important for many families, and inexpensive fast food fits many budgets. Thousands of dollars are spent daily to purchase this unhealthy yet tasty product. In fact, 40 percent of the money spent on food in Canada in 2009 went to fast food outlets. This percentage converts to $58.4 billion dollars spent on fast food in a single year (Statistics Canada, 2009). One of the reasons why so much money is spent on fast food is that it is much cheaper to eat a full meal at a fast food restaurant rather than another location with a healthier option that likely includes fresh produce. If a consumer eats at

Distinguish between and discuss McGregor's Theories and Essay

Distinguish between and discuss McGregor's Theories and Maslow'hierarchy of needs in relation to modern marine management practice - Essay Example Any marine management company would like to keep individuals working for the company engaged and motivated in their work. However, the process of engaging individuals as well as providing the motivation to all concerned parties is not an easy one since motivation is based on several different facets depending on the needs of the individual. Understanding this process of motivation requires careful management, a view of the psychological contract and understanding the work-life balance which prevents employees from burning out (Erdogan, 2005). In terms of individual motivation, people who are better able to create and understand abstract motivational symbols for themselves will have better responses to both internal and external factors that help in the process of motivation (Brown, 1999). For instance, the symbol of money can be understood by any civilization which has a basic economy but the idea of pleasure and other higher order needs may vary from individual to individual. The same is the case with the idea of pain; therefore, an individual may not seek out pleasure or avoid pain in a rational way if they are not clear about the symbolic value of these concepts or if the symbolic connections for the individual are completely different as compared to the ideas upheld by the world around them (Weiner, 1992). In that scenario, the humanistic theory can applied to the concept of motivating individuals towards better performance since it takes a baseline of needs which all human beings have. Maslow is considered to be the authority when it comes to applying the Humanistic perspective to motivation. The central contribution made by Maslow deals with the pyramid of needs which was described by him to show the hierarchy of motivational factors for human beings (Maslow, 1971). The first level of needs that have to be satisfied for an individual are physiological, i.e. Oxygen, nourishment, warmth and other necessities which are required for

Design & Facilities Essay Example | Topics and Well Written Essays - 1250 words

Design & Facilities - Essay Example You could further wash it down with a choice of Greek wine or beer served at the well equipped bar. The entrance is a large porch leading to an ambience that portrays Greek goddess in the setting of ancient Athens. The original black and white walls of the French restaurant were redecorated with Murals of Grecian scenes surrounded by grape vines adding to the contemporary look. Flooring was made more contemporary with stone and wood finish. There is an indoor as well as an outdoor dining area. The restaurant can comfortably seat about 90 diners with the bar located near the poolside. The guest are welcomed by the restaurant manger himself who make you feel special as he walks you across the room elegantly adorned with classic Greek paintings are discreetly placed on the walls, with the Parthenon pillars giving the restaurant a look of unexpected grandeur. Colorful checkered cloth is draped on the tables while flowing crystal & brass chandeliers give it an ancient aura. You have a choice of seating indoors in the formal setting or share a drink under the starlit skies. The furniture is comfortable yet elegant complimenting the walls which were in earth tones with brick linings. The waiters know the menu and are in keeping with the Greek hospitality combined with a great attitude. Food is excellent from starters to lamb meatballs served with exotic Greek herbs sauces. The Galaktaboureko is an ovation to end the fine dining experience with. The bar was magically lit with the pool by the side to make it all the more inviting. The surroundings are exotic with climbing grape vines on wrought iron grill work. Greek music lifts the spirits of the diners absorbed the elegance of the surroundings. The Greek aquarium which is the bars back drop is unusual with the great Atlantis Theme amidst which colorful fishes swim in and out. It is not only entertaining for the viewers at the bar but extremely relaxing as well. The high backed chairs at the bar are

Obsessive-compulsive disorder (OCD) Essay Example | Topics and Well Written Essays - 750 words

Obsessive-compulsive disorder (OCD) - Essay Example ho is suffering from OCD knows that he or she is reacting excessively but could not control his or her reactions (see American Psychiatric Association, 2000). The overt reactions of the patient in response to his or her thoughts and impulses often appear to be bizarre to the people around him or her. For instance, a person who is obsessed with fear of contamination or dirt may incessantly wash his or her hands until they are raw (Fireman B, Koran LM, Leventhal JL, Jacobson A (2001). Most people who are suffering from OCD are aware that their actions are irrational but they still feel compelled to do what they do to fend off the feeling of panic or morbid dread. (Elkin, G. David (1999). In the early days, OCD was seen more in the spiritual and religious context (Ross G. Menzies and Padmal de Silva C., 2003). A lot of people in the 14th to the 16th century view OCD as the work of the devil and can only be undone through exorcism (Baer, L.; M. A. Jenike & W. E. Minichiello, 1986). Although there were many patients who eventually recovered after being exorcises, a lot of these patients did not really get better (Ross G. Menzies and Padmal de Silva C., 2003). However, as time passed by, many people begun to see OCD as something that is out of the spiritual and religious realm. The French and the Germans brought forth the idea that OCD is a mental disorder sometime in the 1870s ((Ross G. Menzies and Padmal de Silva C., 2003). For years, medical professionals and researchers debated on the issue of what really caused OCD. Some suggested that OCD is a psychological disorder while other believer that it is of neurological origin. Sigmund Freud was one of the first to offer an explanation of what OCD is theorizing that OCD originates from the persons unconscious conflicts (Baer, L.; M. A. Jenike & W. E. Minichiello, 1986). Freud based his explanation of what OCD is on the clinical history of a patient who has a "touching phobia". According to him, where a situation remains

How does music transform people and me Essay Example | Topics and Well Written Essays - 500 words

How does music transform people and me - Essay Example For instance, when a person who feels sad and hears a certain song he particularly likes, he could be emotionally affected depending on the kind of music. Love songs oftentimes remind people of love relationships and can relate to the music. However, not all people are simply attracted to music because of the lyrics or the rhythm of the song. There are other certain aspects in music wherein individuals are particularly attracted to. Some people love to listen to loud music and prefer rock and roll over melodious songs. On the other hand, there are those who consider rock music as noise because they prefer softer melodies and choose country and classical music or inspirational like gospel songs. Through my observations, I think music speaks more than words to the hearts and souls of people. The effects of music can be manifested by individuals stomping their feet, nodding their heads, shaking their bodies or seem to dance even while sitting, when they listen to music. This is perhaps the reason why it is called the language of the soul. It moves the soul and makes itself apparent through actions. Some claim that they are able to concentrate more in what they are doing when they listen to their favorite music and I agree with them because I feel the same way. Personally, I love to listen to instrumental jazz. I am very entertained by Kenny G. and the Caribbean Jazz Project. When I pay attention to their music, it is as if I am transported to another world where I can be dreamy. It gives me a whole new perception which brings out the musician in me. I can imagine myself with an instrument making my own music and playing along with the sounds that I hear. So many times, such instances make me inspired to continue with my music and desire even more to become a good musician in the near future. Music strengthens me to always keep my dreams on focus and be unafraid of the challenges I face in life. Whatever choice of music a person has, it could perhaps be said that

Botlton Claims that Emotion Work can be Viewed as a Distinctive Form Essay

Botlton Claims that Emotion Work can be Viewed as a Distinctive Form of Skilled Work and Employees as a Multi Skilled Emotion Ma - Essay Example Emotion labour as defined by Payne is the work that involves trying to feel the appropriate feeling for a given job (2006, p.2). The emotion labour is common in the service industries. Payne states that, the workers have the obligation to carry out emotion work in the form of politeness, enthusiasm or remaining calm even when under intense pressure. This forms an integral part to achieve customer satisfaction. Payne agrees with Bolton’s argument that emotion work is a distinct highly skilled labour. Bolton’s argument is because emotion work shares some emotion features that prove its ability to be categorised as skilled labour.. Emotion labour requires that employees practice some level of discretion complexity and worker control (2004, p. 20). The complexity in emotional work comes from the explanation by Goff man that the everyday social interaction by employees in emotion work requires a person with the capability of switching through numerous feelings. Bolton states that, employees in the service field should have emotional managerial skills that will allow them to carry out their duties effectively. The workers should be able to distinguish the various emotional displays desired for a given task in their work. Bolton gives an example that the employees could utilise humour as a way of building rapport with the customer or as a means of defusing customer aggression. Emotion workers have to be able to control their interactions with customers to avoid unnecessary exchanges with their customers. In this case, the customer gets the right to display discontent and anger that are not available to the worker (2005c, p.26). Bolton further describes the emotion worker as an active and controlling force in the labour process. The emotion worker subverts the organisational feeling rules imposed to them by management. An example is the Disneyland operator who offers to be of assistance to customers by separating them into different rides despite the resi stance by customers. Bolton tries also to explain how a customer does benefit from the employees act of resistance (2004b, p. 29). An employer, despite his tight schedule, may take his time to help a customer who happens to be in dire need of help. The employee in this case violates the company’s regulation to help the customer. Emotion work, according to Bolton’s observation is indeed a skilled work in that it is through the employees’ interaction with the customer that the image of the company is portrayed and, therefore, serves as a marketing strategy. Emotion labour is a skilled labour, yet the many of emotion labour are low paying jobs with a low status. Bolton observes that the jobs need to be considered as skilled labour, and employees be provided with their rightful payment as skilled workers. The difficulty in categorising emotion labour arises because the traditional systems of certification find it hard to quantify emotional skills. Then again, the em otional skills are part of the worker this makes the skills to be easily dismissed as personal traits. Then it is argued that most of the workers involved in emotion labour are women. Philips and Taylor say that emotion work involves elements of people work and caring for others this trait is seen as an innate feminine quality (1986, p.55). They argue that women have a natural gift when it comes to handling emotional skills. Korczynski observes the scepticism that surrounds the description of emotion labour skills as real skills. Many believe

Effect of Industrialization on the Environment Essay

Effect of Industrialization on the Environment - Essay Example It is this industrialization that has helped many countries to manufacture goods which were beyond human imagination (World Bank 1992 p.71). Industrialization was not only experienced in the developed countries but also in the undeveloped countries. Ever since the economies of countries have improved because of industrialization many countries are still striving hard to industrialize their states. It was noted that the rate of industrialization in Asia was even higher than the developed countries in the years of 1990 to 1995 (WHO 1997 p.130-132). However, these countries are not recognizing as to how much effects are they causing on the environment through industrialization. The health hazards and environmental pollution have become the least important of all aspects when it comes to industrialize an area. However, with growing concerns, it has been noticed that different countries all over the world have taken a stand so as to avoid any mishap. This essay would further analyze diffe rent effects of industrialization and environmental pollution on the society and the possible outcome of these effects. It would also put forward some measures through which their effects can be decreased. Environmental problems have had a negative effect on both a global and local scale due to the exhaust fumes from vehicles, factory emissions, cigarette smoking and the burning of waste and these problems would be discussed in detail in this essay (Vallero 2008, Goudie 2000 & Cooper 2001) As mentioned above industrialization has been of immense importance to the economies of many countries and because of this reason many countries have adopted the strategies of industrialization. Industrialization is causing a deteriorating effect on the environment of this earth and is also playing a great role in influencing the environmental pollution. Industrialization has also had some good effects on the society as it has improved the living standards of many.

Aspects of Cultural, Leadership and Shareholder Differences in a Research Paper

Aspects of Cultural, Leadership and Shareholder Differences in a Merger - Research Paper Example Cultural difference was defined by the American Heritage English Dictionary as â€Å"The totality of socially transmitted behavior patterns, arts, beliefs, institutions and all other products of human work or thought† (Barrett and Eneroth, 2012). This signifies that when a group of people work together or spend time together, they develop a pattern of habits that become the culture of an organization. Now when another company merges to form a joint venture, the human resource of both the companies have to work in coordination with one another, although they are used to different ways of working or spending time. This is where diversity or difference arises in an organization. Culture in case of private companies are usually quite random and is highly influenced by the decisions of the senior managers, while in case of public companies, group dependability is higher. In such cases, cultural difference is considered to be an obstacle to the success of the alliance (DeChesare, 20 13). In a survey conducted by CFO Research Services in 2004, it was found that among every five respondents, one of them considered cultural clashes to be the primary reason for alliance failure. This raises a question in the minds of readers about the true perception regarding cultural difference during joint ventures or mergers (Chanlat, Davel and Dupuis, 2013, P. 250-251).     Vebego and Risse successfully drove this joint venture for a span of two years. However, the problem had started with the entry of a third party called Westrom Group, which was a similar company like, The Risse Group. The intention of a public-private joint venture was to bring in the knowledge and experience of the public company and since private companies are good at handling business aspect, they can take care of marketing and administration segment carefully. However, the issues were created after the entrance of the third party because the existing companies made the new organization responsible f or many significant decisions, but only the support staffs were considered within the joint venture to handle the operations. The policies and framework for including a third partner were not rightly decided which had augmented the challenges for the joint venture. In this scenario, the cultural transformation tool (CTT) developed by Richard Barrett would be the best way to discuss the lesson learned from this situation, thereby stating the probable recommendations in this context. The CTT assist in the cultural evolution of the organization, which further helps the leaders to manage the operations. Barrett introduced a consciousness model with seven levels, which are evolutionary in character. He did some modifications to Maslow’s Hierarchy model. In 1998, he had developed a model, which was also called CTT. As can be seen in Figure 1 below, there are seven levels of consciousness such as service, making a difference, transformation, cohesion, self-esteem, relationship and s urvival (Barrett Values Centre, 2009a).

The influence factors that affect to the Thai consumers' decision on Dissertation

The influence factors that affect to the Thai consumers' decision on online shopping - Dissertation Example 2). Customers are seen as kings in their own accord as their behaviors in purchases are dependent on the treatment given by sellers. Moreover customers preferences and needs influence the suppliers production practices in that suppliers would not supply the goods that have lower reception within the market and thus customers say proves supreme. The supremacy of the consumers is not only explained through the fact that it is through the ‘consumer’ that the producers remain in business and make their gains. As a king is special in how he is to be handled, a customers in a like manner requires proper treatment in order to sustain them. Online customers require treating well through good treatment in order to retain them for their own benefits or that of the suppliers. Despite the emergence and embrace of online trading avenues as discussed above, there are ongoing debates concerning the effectiveness of online practices as compared to the physical retail trade. The supporte rs of physical shopping reason that shopping from physical outlets is easy and entails little logistics as compared to the internet buying. Online shopping or trade is highly acknowledged from the spheres of debate that it provides a customer with an opportunity to access easily and exchange notes on various products in order to make informed decisions. Besides, time and resources are saved over the internet as one would access the items from the comfort of own office. Cultural orientation, proficiency in internet use as well as institutional frameworks would best explain the factors that influence personal decision to engage in online trade. This paper focuses critically on reasons and factors that influence the people of Thailand to engage in online trade through special attention on influencing factors such as level of literacy, awareness campaigns, cultural values as well as government policies. Besides, the experience in using online shopping means by the Thai people would be i nstrumental in influencing the current as well as future tendencies in shopping from internet. For instance, fast moving beauty products for the women or female genders may record better reception as compared to other products for the opposite gender. Much of the past studies that have addressed the topic of online shopping and factors that influence the decisions have confined much attention to the risks perceived while engaging in online purchasing habits. Emphases have been that the risks as identified all over the world go a long way in influencing the decisions as well as behaviors of consumers through online purchasing. However, a new dimension of looking to the online shopping is through considering the benefits that come with the practice. The world has increasingly been embracing technological advancement especially concerning internet use through diversified platforms such as through computer systems as well as through mobile telephones. This in effect has been claimed to have influence on perceptions of individuals concerning online business transactions. This study therefore focuses on and considers main factors of consumers’ decision on online shopping as regards to the people of Thailand. It will show the problem for applying the result to solve problem with Thailand’s online shopping system for improvement and development in the future. However, the question that will guide our study is ‘what influence factors affect the Thai consumers’

Speech Outline Essay Example | Topics and Well Written Essays - 500 words

Speech Outline - Essay Example A. Main point 1: I was confronted with the reality of the tough economic conditions that were unfortunately vital form my survival. 1. Subordinate point: In order to survive in college, every student needs sufficient tuition fees, accommodation funds and upkeep money. a) Support: However, the cost of these three things doesn’t come cheap. My humble family background did not guarantee me sufficient funds to keep up. (Transition: All of a sudden I was forced to rethink my education priority and evaluate adaptive solutions that would help me survive the tough campus life.) B. Main Point 2: It was time for me to undertake a significant course of action that would not undermine my education objective but rather supplement it. 1. Subordinate point: I chose to undertake a part time job after study hours. a) Support: I figured out that the part-time job was necessary in boosting my financial obligations in college. 2. Subordinate point: I equally decided to increase my private study time during the weekends after works. a) Support: This was in account of the fact that I had to recover the private study hours lost at work over the week. (Transition: With time, I grew increasingly appreciative of money and was at times tempted to abandon my studies and join the labour force. However, I came to realise that both employment and education were independent of each other.)

NEW_Proposal Case Study Example | Topics and Well Written Essays - 500 words

NEW_Proposal - Case Study Example Their application of modern trends of business is cost effective without any compromise on the customer service. Their understanding of customer's requirement and ability to meet the demands of customer at reasonable cost in lesser time assists them in taking competitive advantage over the rival companies. The challenge QLG is facing that if they fail to act immediately, further reductions to market share and profitability are bound to happen. There will be higher attrition of skilled resources and deterioration in overall performance and profitability in the current business. The proposal to improve the system includes 5 key changes to address the objectives as identified by Queensland Leisure Group executives during the consultation process. These five stages will create positive change in a number of critical areas: Corporate Hierarchy Modification: QLG needs a horizontal and functional business structure that will reduce labour costs and increase flexibility to assist them in responding more quickly to the rapidly changing factors in the environment scan. Modification in Operational Procedure: Modern technology and processes should be used to increase productivity and efficiency in the production department through automating manual operations and applying cost optimization for different processes. Following the analysis that NAHN Cons

State and federal laws and regulations Essay Example for Free

State and federal laws and regulations Essay Beginning from January 1, 2006, individuals with incomes up to 150% of the federal state poverty level and with limited resources would be eligible for the subsidy. Unfortunately, the MMA also eliminated all Medicaid drug coverage for more than 6 million individuals who are dually-eligible for both Medicare and Medicaid, and required states to pay back to the federal government – through a mechanism known as the â€Å"clawback† – most of the savings that they would otherwise realize from the state. As a result of the legal mandate, states have attempted to respond by implementing their own State Pharmaceutical Assistance Programs (SPAP) to provide cost-sharing and supplemental drug coverage for dual eligibles and other low-income residents. The SPAP makes payments on behalf of a Part D beneficiary, with such payments being counted toward to the beneficiary – true out-of-pocket costs which count toward meeting the astronomical threshold which leads to reduced or eliminated beneficiary cost-sharing (Center for Medicare Advocacy, Inc., 2007). Despite such efforts by the states, however, the Center for Medicare Advocacy (2007) reports that dual eligibles will nevertheless find themselves with less prescription drug coverage under Part D than they had under Medicaid, and with far less protection to challenge denials, and other barriers to coverage. In addition to making co-payments for their prescriptions, dual eligibles also have to deal with predicted yearly increase of these co-payment amounts (Center for Medicare Advocacy, Inc., 2007). As a result of Part D, the stop-gap emergency actions taken by numerous states was estimate to have cost between $500,000 to several million dollars, as it varies per state, and puts those states budgets at risk (Champlin, 2006). Unfortunately, by law, the federal government cannot reimburse the states for the costs they spent in order to fix the problem. Based on the data presented and analyzed in the previous sections, the thesis concludes with the following recommendations to minimize issues identified – the complicated CMS enrollment process, and the lack of information as to the dual eligible beneficiaries right to reimbursement – to the different parties involved, or affected, by Medicare Part D: The Business Environment †¢ Non-insurance companies, regardless of whether in the US or anywhere else in the world, and regardless of type of industry, should run their health care program like other parts of their business. Health care management should be deemed as a key business function as equally important as the other key business functions of the company such as marketing, sales, or operations (Watson Wyatt Worldwide, n. d. ) †¢ Private insurance companies offering Part D should make sure there is exhaustive communication with Medicare representatives in terms of eligibility information, and with companies and beneficiaries themselves. With regard to beneficiaries, private insurance companies should make sure there is full disclosure, and knowledge, as to the plans available to them, and as to the prescription drugs available in the plans they selected. Insurance companies need to work closely with physicians to ensure that the required drugs their beneficiaries need are included in each beneficiarys formulary. There may be a need to develop a formulary which is more flexible in incorporating the individual medication needs of each patient. Private insurance companies should also not bombard their prospective clients with too much plan options, and should perhaps start with what their clients need, instead of presenting them with a set of options, in order to help the beneficiaries determine which plan is most appropriate for their needs. †¢ Physicians and pharmacies should participate in keeping an eye on how private insurance companies implement Part D plans and regulations. Since these are the two parties or sectors which deal directly with the beneficiaries – either on how they get their medicine upon purchase, and in determining what medication they need – physician associations and pharmacies should lobby or solutions to the glaring loopholes of the Part D program. The Employer †¢ Employers have to emphasize employee productivity and overall health as key goals. Not only should they aim for longer-lasting and more efficient health care strategy planning cycles, but they must also engage their employees in health care decision-making (Watson Wyatt Worldwide, n. d. ) For instance, employers can help by including employee self-service features in their health care program, and should empower their employees to take responsibility for health benefits without the employees feeling that they are left on their own. The employer should provide assistance and information in helping their employees to select the best plans they need. To do so, employers should themselves be careful in their selection if the medical vendor they decide to tie up with, or have been tied up with, in providing employee health benefits. The employer has the responsibility to ensure that the insurance company is effectively transmitting eligibility information to Medicare. In other words, the employer should be vigilant for their employees sake †¢ The employer can also make use of information and technology investments to administer benefits and distribute health information to their employee. The Employee †¢ The employee should do his or her research on Medicare, and study carefully the plans available. The employee should figure out how much he or she can afford to spend, and a make a list of the drugs currently taken. For questions, the employee can turn to the Medicare website or call their 1-800 hotline. Some state assistance programs can also help them enroll, and articles and reports, featured online or in newspapers, which investigate the choices available in their local areas may also provide useful information. Should the beneficiary be taking a large number of prescription drugs, he or she should look for a plan that does not have a doughnut hole or get multiple plans to cover the gap, if they can afford it. Lastly, the employee could also try talking to his or her pharmacist, who fills prescriptions every day and may be able to name plans that provide the best coverage (McWhinney, 2006). †¢ The above recommendations are applicable to retirees or plan-holders who may want to shift to another plan. To beneficiaries however who have not yet retired and are still currently enrolled, they should then strive to take a more active part in taking responsibility for their health care. Understanding the ins and outs of their companys health care program is a first step, as is availing of seminars, and other information dissemination campaigns that their organization may offer. In other words, employees should not be merely passive recipients, but should participate as engaged and informed consumers in making cost-effective decisions with their employers about the type and amount of health care that they need (Watson Wyatt Worldwide, n. d. ) The Government †¢ CMS should require PDPs to notify beneficiaries about their right to reimbursement, and monitor implementation of its retroactive payment policy (U. S. General Accounting Office, 2007). CMS should work with state governments in determining where the deficits arise, and in assisting state-sponsored programs to subsidize low-income beneficiaries by reimbursing at least a percentage of what states spend to make up for what Medicare was unable to provide. This may perhaps require an amendment to the actual MMA law, to encourage states to participate more actively in prescription drug subsidies for their low-income constitutions without the fear of depleting their state coffers. CMS should also require PDPs to transmit eligibility information to Medicare within a prescribed period, with a penalty imposed should such information not be communicated, or be wrongly communicated. In the same vein, CMS must ensure that the assignment of dual eligibles into appropriate plans involves communicating to the PDPs of these beneficiaries dual eligibility. The point is that beneficiaries should not be turned away at pharmacies simply because they were not identified or classified correctly by their PDPs. Otherwise, the MMA would not be serving the original objective of the law: to provide prescription drug benefits, and ultimately, to improve the quality of health care in the country. Part IX: References Camillus, J. C. (November 1999). Putting Strategy to work. Praxi, Business Line’s Journal of Management. Vol. 2, No. 4. Center for Medicare Advocacy, Inc. (2007). Medicare Part D. Retrieved May 10, 2007 from: http://www.medicareadvocacy. org/FAQ_PartD. htm Champlin, Leslie. (January 13, 2006). Family Physicians Grapple with Medicare Part D Glitches. American Academy of Family Physicians. Retrieved May 12, 2007 from: http://www. aafp. org/online/en/home/publications/news/news-now/archive/medicarepartd. html Employee Benefit Research Institute. (July 2004). Health Care Expenses in Retirement and the Use of Health Savings Accounts and Appendix. EBRI Issue Brief # 271. Retrieved May 10, 2007 from: http://www. ebri. org/publications/ib/index. cfm? fa=ibPrintcontent_id=3502 McWhinney, Jim.(January 9, 2006). Getting Through The Medicare Part D Maze. Investopedia. Retrieved May 10, 2007 from: http://www. investopedia. com/articles/06/MedicarePartD. asp Medicare-PartD. com. (April 1, 2007). The Background and Basics of Medicare Part D. Retrieved May 10, 2007 from: http://www. medicare-partd. com/PartD-History-MedicarePartD-ProgramPDP. php Rovner, Julie. (January 11, 2006). Problems Plague Rollout of New Medicare Drug Plan. National Public Radio. Retrieved May 10, 2007 from: http://www. npr. org/templates/story/story. php? storyId=5148817 Slaughter, Louise M.(June 1, 2006). Medicare Part D – The Product of a Broken Process. The New England Journal of Medicine, Vol. 354: 2314-2315, No. 22. Retrieved May 10, 2007 from: http://content. nejm. org/cgi/content/full/354/22/2314 Stebbins, Marilyn. (January 20, 2006). Confused by Medicare Part D? UCSF Expert Offers Advice. University of California, San Francisco. UCSF School of Pharmacy. Retrieved May 10, 2007 from: http://pub. ucsf. edu/today/cache/news/200601203. html Watson Wyatt Worldwide. (No date). New Rules for Managing Health Costs – Seventh Annual WBGH/Watson Wyatt Survey Report. Retrieved May 10, 2007 from: http://www. watsonwyatt. com/research/resrender. asp? id=W-532page=1 Wikipedia, The Free Encyclopedia. (2007). Medicare Part D. Retrieved May 10, 2007 from: http://en. wikipedia. org/wiki/Medicare_Part_D U. S. Government Accountability Office. MEDICARE PART D – Enrolling New Dual-Eligible Beneficiaries in Prescription Drug Plans. Testimony by Kathleen M. King, Director, Health Care, before the Committee on Finance, U. S. Senate, May 8, 2007. Retrieved May 12, 2007 from BenefitsLink. com Website at: http://www. gao. gov/new. items/d07824t. pdf.