Body Piercing: Reclamation, Enhancement, And Self-Expression Essay exam

In America the practice of body piercing is everywhere, especially among young people, who are getting several parts of their bodies pierced either as an affirmation of their personal individuality, as a means of sexual gratification or stimulation, a reclamation of their bodies from physical or emotional trauma, or for as a means of adornment. Whatever the reason, it's widespread. Body piercing is the piercing of the ears, nose, septum, cheeks, lip, tongue, nipples, navel, clitoris, labia, penis, and scrotum. Says California State University anthropologist James Myers, Ph.D. body piercing is "possibly as old as genus Homo." (Todd, Richard, p.1) Body piercing studios are popping up all over the country in a response to the growing demand for having a needle poked through your skin. Contrary to popular belief, body piercing is not being performed by freakish subculture deviants. In order to be a reputable piercer one has to take a rigorous course of education in the principals and met hods of body piercing. This is a step toward the acceptance of body piercing in mainstream America, where it is still viewed with mistrust by many. Body piercing allows a person to express their individuality in a new way: by putting a needle through yourself, you mark your body as your own (Delaney, Jim, p.3). By exploring some of the motivations behind body piercing, onediscovers that it's not an unhealthy practice (unless performed in an unsterile environment or the piercing is not adequately cared for by the piercee- both of which are heavily discouraged by piercing advocates). Indeed, body piercing is a healthy way to express your individuality or improve your self image. In the nineties, more and more young people are sporting rings through various parts of their bodies. This is known as body piercing, and it has made a considerable imprint on young people. Body piercing is the practice of piercing the ears, eyebrows, tongue, nose, septum, lip, cheek, nipples, navel or genitals for varied reasons. It's becoming more and more common: Body piercing shops are cropping up all over the country and business is booming. Says piercer Kent Fazekas, who owns Indianapolis-based Body Accents Inc, " ...I think it's here to stay." (Eckert, Toby, 1) The practice of body piercing among young Americans is part of a quest for individuality. Brooklyn body piercing studio Modern Americ... ...gn statement of who these people are and what they believe in. All too often it is ignorance that leads people to spurn body piercing. By educating yourself on the subject it becomes plain to see that body piercing is a powerful tool for self-expression and emotional security. By going through the pain of the piercing, the emotionally insecure regains a feeling of control. Works Cited 1. Trebay, Guy. "Hole in one" The Village Voice July 7, 1995: p.18 2. Eckert, Toby. "Body Accents Pierces Traditional Business Image with Wares to Wear" Indianapolis Business Journal March 3, 1997: p.45 3. Leo, Jon. "The Modern Primitives" US. News and World Report July 31, 1995: p.16 4. Wattenberg, Daniel. "A Parents' Guide to Body Piercing" Forbes September 23, 1996: pp. 166-173 5. Howard, Dylan. "Holier than Thou" The Yale Daily News November 10, 1995: p.3 6. Todd, Richard. "Look What They've Done to my Bod, Ma" Psychology Today May/June 1993: p.8 7. Delaney, Jim. "Piercing for Beginners" Prime Magazine September 26, 1995: pp. 19-23 8. Alexander, Keith. "About Body Piercing." Body Modification Ezine 3pp. World Wide Web http://www.bme.freeQ.com June 1997

Common Law Essay

Chantelle woods v Department of Arts, Culture and the Gaeltacht 1)The relevant information that has bearing on this case vWhat was the previous health condition of Chantelle Woods before the accident? vWhat part of the building was she in? Where there any sign to say that staff and visitors are prohibited from coming in? vWas there any caution sign placed on the steps case? vWhat type of foot wear was she wearing when the accident occurred? vHas anyone ever fell from the step case before? vWas she carrying anything while climbing the steps? vDid she used the ray that was provided on the steps? From the investigation I had done in regard to the accident Mrs Wood had at the place of work during her lunch break, I was able to get the answers to the question listed above which had bearing on this case. Mrs Woods is suffering from short sightedness which means that she had to wear her glasses at all times. The picture of Mrs Woods that was replayed form the CCTV camera show that she was walking on the steps when the accident occurred without her glasses. The spot where the accident occurs was not appropriate place provided for staffs to have their break, although the floor was wet and there was no caution sign to indicate that it was a wet floor. She had proper chosen to go there in order to have a quite place to chat with her friend on the phone. It is very obvious that the kind of shoes Mrs Wood had on can leads to a fall even when the floor is dry, as the hill was about seven inches high. This is neither easy to walk with nor climbing the steps with. Despite that the floor was wet, there was no report that anyone had fell from that steps on that particular day expect Mrs Woods. I also get to understand that Mrs Wood was struggling with a heave file with one on hand, talking on the phone and climbing the steps at the same time. The ray provided was not used by Mrs Woods because she had her hands engaged with stuff. Examine this situation there is a huge possibilities that an accident can occurs. Negligence 2)Negligence What is? â€Å"Negligence can be defined as the failure to act reasonable in any circumstance to avoid causing damage or injury which is foreseeable†. (www.wikipedia.com[->0]) accessed 5/12/12 In other words it simply means harm caused by carelessness but not intentional. Donoghue v Stevenson. This law of negligence was established in the case. A man bought a bottle of ginger beer form a shop. The man gave the beer to his friend who drank it and found slug at the bottom of the bottle. As a result of what he saw, he had a shock and severe gastroenteritis. She took a legal action against the manufacturer. The Judge â€Å"Analyse the rules of negligence that the manufacturer of a product owed a duty of care to the end user of their product. If they failed to exercise a reasonable duty of care in all circumstance and a person suffers loss or damage as a result of their negligence, therefore they made themselves liable for the person’s loss under negligence†. (Davenport, 2008) Before any case can succeed under negligence the following element must be established Element of Negligence vDuty of Care: Is a legal obligation on the individual ensuring that they adhere to a standard of reasonable care when performing an acts they could foreseeable harm other. Everyone owes a reasonable duty of care to avoid foreseeable things that would likely injure or harm their neighbour. The word neighbour is the people closer that can be directly affected by our action. The manufacturer of a product owes a duty of care to the end users of their product. An employer owes a reasonable duty of care to their employee by providing a safe place for them to work. The case of Ryan v Ireland 1989 Explain the extent the employer owes their employees a duty of care to their employees. The plaintiff was a soldier who was working under the supervision of the Superior officer in a conflict situation. So many people lost their lives at that particular spot where he was assigned, as a result of gunshot. This made the entire soldier on guard to abandon their duty in order to save their lives. But after some days the gun fires cease and the area was declare safe. The superior officer ordered the plaintiff to return back to their normal position. The plaintiff was shot at that particular immediately after his resumption this lead to his disablement. The Supreme Court â€Å"Held that the state as an employer had failed to take reasonable care of his servant,† the Officer owes the plaintiff a duty of care, although the work of soldiers involves unavoidable risk of death and injury. A reasonable man can foreseeable that there is a possibility of gunfire at that spot where the plaintiff got injured; as so many people had lost their lives there before. The superior officer who sent an employee under his care to that same spot where killing are taking place did not act reasonable in anyway; therefore the Supreme Court ruled that the state was liable for the plaintiff disablement. (Brian Doolan, 8th edition, 2011) The department of Arts, Culture and the Gaeltacht owes a duty of care Mrs Woods which is to provide a safe place for her to a work as an employee. If the work of a soldier that involves unavoidable risk of death and injury, yet the employer was held liable for the disablement of a plaintiff that got himself involves in such job, Therefore the department of Arts, Culture and the Gaeltacht should be held liable because it is unforeseeable that Mrs Woods can lost her enjoyment of life due to the nature of her job. It is very obvious that the vinyl surface of the stairs was notoriously slippy. A reasonable employer can foresee the possibility of anyone especially a female wearing hill can had a fall due to the situation of the landing. It is the duty of the employer to ensure that there are cleaners on duty during the working hours to keep the environment clean and save. vBreach of the duty of care: Is the failure to act reasonable or protect someone who a person owed a duty of care from the been affected negatively by our action. In this case of Mrs Woods versus Department of Arts, Culture and the Gaeltacht, prove that there was a breach in duty of care. It is the duty of an employer to provide safe place for the employees to work. During the working hours cleaners and security were supposed to be on duty to tidy up the environment, or indicate that particular spot by placing a caution sign to say that the floor was wet. Even if Mrs Woods was talking on the phone while walking on the land, seeing the caution sign would have made her to take proper care of her steps. In this circumstance, failure to indicate that particular place was not safe to work is the breach in the duty of care. vcausation: This is principle that proves the link between the defendant negligence and the claimant or plaintiff loss or damages. It simply means that if the breach in the duty of care owed to whoever is due for their damage that they are suffering from. The Egg-shell skull rule â€Å"This principle states that the defendant should take their victim as they found them†. (Ursula Connolly, 2005). Anyone who causes damage to another person must pay for whatever injury the person is suffering from. It does not matter if the injury is worse than what another person would have expected. In the case of Vosburg v Putney In United State, 11 years old boy kicked 14 years old boy, who already had an unknown microbial in the shin while at school. The microbial can easily be irritated by kick. As a result of the kick the 14 years old lost the use of his leg. The court ruled that the kick was unlawful; therefore the 11 years boy was held liable (www.wikipedia .com) accessed on the 17/12/2011. Although Mrs Wood already has an existing spine problem, she was still able to do her normal job without any complain. It was just a minor problem for her because it did not stop her from doing anything. As a result of the accident she had during her lunch break made her minor injury worse and inability to return to her normal job. As we all know working with computer involve sit down over a period of time depend on the nature of the job. There is the possibility that Mrs Wood would not be able to do any job that as to do with sitting down over a period of time, due to the nature of the injury which occur at the her place of work. Falling from 10 to 12 steps and landing a head at the bottom could result to a future injury. Therefore the employer should be held liable for her injury according to the egg shell skull rule which says that our victim should be taking as we found them. The type of the injury: There are two types of injuries that are recognised in law, which are as follow. vSpecial injury: These are the injury that are quantifiable in nature, example loss of hearing, hospital bill etc. vGeneral injury: They are less quantifiable in nature but more subjective. Example includes pain, loss of amenity and enjoyment of life and future health problem etc. I would classified Mrs Woods injury as an injury under general damages, because she is suffering from pain, inability to do the job where she earn her living and there is also a possibility that she will have a future spinal cord problem as a result of the accident she had at the place of work. Although the accident Mrs. woods had at her place of work, was not intentional or deliberate act, but she contributed to it. Contributory negligence: This is the situation whereby the Plaintiff contributed or failed to act reasonable to secure her own safety. From my own personal investigation, Mrs. Woods contributed to the accident in so many ways, like chatting on the phone with her friend while climbing the steps. It is very obvious that all her attention were on the phone rather down the concentrating on the steps she was climbing. Despite that the floor was wet; there are other evidence to prove that accident would had occur due to the negligence of Mrs Woods; failure to wear her glasses, walking with 6 inches high heel etc. How could she be able to identified the spot that was wet without wearing her glasses when she suffering from short sightedness. Again the 6 inches high heel she had on was too high to be worn on a working environment. Badger v. The minister of defence EWCH 2005 A widow took a legal action against the minister of defence on behalf of her dead husband, who was a smoker. He was employed as a boiler maker in the department. During the course of his employment, he was exposed to asbestos dust and fibre which made him to be a patient of lung cancer that leads to his untimely death. The medical evidence proved that his continuous smoking habit contributed the lungs cancer that lead to his premature death. Justice Stanley Brown Refers to section 1 (1) of the law Reform (contributory negligence) act 1954 A person that suffers damages, partly from his own fault or the fault of another person excluding the defendant, shall receive reduced recoverable damages as result of his carelessness as required by law. Therefore Mrs. Badger claim was reduced by 25 percent. Therefore there shall be a reduction on the claim of Mrs. Woods as she had failed to exercise a reasonable care for her safety. The limitation Period This is the period of time in which an individual or organisation are given the opportunity to sue for the tort that occurs. Within this period, anyone that which to make a claim for what he/she suffers has a result of the behaviour of the defendant, has the right to do so within the period of time; but after this time limit the case is said to be statue barred as the right to make a claim has been ceased. In the case of Mrs Woods v the department of Arts, Culture and the Gaeltacht, The case was within the limitation period, as the accident occurred in February and in August the year she took a legal action against her employer. She made this claim under personal injury and the limitation period for such cases is two years. Her claim is not statue barred because it was within a year. Case two Mr. Cuddy a purchaser who took a proceedings action under negligent mis-statement against Wood Bell Camp about the property he purchased which was incorrectly calculated by Woods Bell Camp’s employee. Negligence Mis Statement What is Negligent Mis-statement? Negligent mis-statement is the representation of fact, carelessly made which is not on the favour of the claimant. It can also be refers to as inaccurate statement that is supplied by a trustworthy person to another who relies and act according to the information he had received. Statement like this are always disadvantages on the side of the claimant. Some of the disadvantages can be loss of income, enjoyment of life etc. For a person to be liable under negligent misstatement, the special relationship must be established. Special relationship is the trust or the relationship that exit between the maker and the recipient of the statement. The maker should be aware that the recipient relies and acts based on the information received from him/her. It is the duty of the maker of the statement to ensure that the information supplied is correct in order not to be liable for it. This special relationship was established in the case of David Walsh v. Jones Lang Lasalle Ltd [2007] IEHC 28. The Plaintiff claims for damages for compensation for the loss and damages he had sustained as a result of negligent and negligent misstatement from the defendant. The plaintiff purchased a property from a well known firm of auctioneer retained by the owner of the property. The plaintiff was given 23,057 square feet, as the total measurement of the floor. He did not to contact a private surveyor to measure the floor area in order to confirm if the measurement supplied by the defendant were accurate. He purchased the property for  £2, 34200 Irish pounds. The purchaser later find out t at the floor area was 1,817 square feet less than was given to him by the defendant. He took a legal action against defendant under negligent misstatement. Judge Quirke â€Å"Deals with this issue saying that the defendants failed to exercise requisite and approach standard of care which a purchaser is entitle to expect from a reputable auctioneer. Therefore is a breach in the duty of care†. Walsh v Jones Lasalle ltd case is quite similar to Cuddy v Wood Bell Camp. The plaintiff Mr Cuddy did not fully relies on the information given to him by Wood Bell Camp because he contacted a property surveyor to examined the property before he made up his mind to purchase the property. He made a loss on that property because the floor measurement is 30% lesser that what he was given to him by the auctioneers. Woods Bell Camp is liable of negligent misstatement by supplying an inaccurate calculation. In the case of Walsh v Jones Lasalle, the high court ruled that most auctioneers had some of form of disclaimer on their brochure â€Å"Judge Quirke explained that the disclaimer comprises of an effort to protect the agent form relatively minor errors. He said that he would expect their measurement to accurate which the purchaser can rely upon†. In this aspect of it, Wood Bell Camp has failed for their inaccurate measurement and the purchaser who relied on upon them had made a loss on his purchase. Judge Quirke If the defendant wished to reserve to itself the right to publish within its sales brochure, precise measurements which were in fact grossly inaccurate and, to relieved itself of liability to the category of persons to whom the brochure and its contents were directed, then there was an obligation upon the defendant to draw to the attention of the plaintiff and other prospective purchasers the fact that the seemingly precise measurements published were likely to be wholly unreliable and should not be relied upon in any circumstances. Satisfy themselves as to the correctness of the information given the defendant failed to discharge that obligation. (Walsh v Jones Lasalle ltd) Since woods Bell Camps had also failed to information the purchaser not rely on their measurement, they should also be held liable for the loss of the purchaser according to Judge Quirke in Walsh v Jones Lasalle Ltd case. Vicarious Liability Vicarious liability is a legal principle that transfers liability of an injury to a person who did not cause the injury, but who has specific relationship to a person who acted negligently. The owner of a vehicle is liable for the tort committed by his driver, an employer is held liable for his employees negligent act, while at work under the course of employment (this is during the working hour when an employer assigned an employee to specific task) any tort committed by the employees while doing the task is known as a tort committed during the course of employment. There is a special relationship that exists between the employer and the employee. Therefore Wood Bell Camp should be held liable under vicarious liability act for the tort committed by the Brody Shine, because he was employed by the company, who assigned him to sell the property purchased by Mr Cuddy. Defence consent and contributory negligence Consent refers to the provision of approval or disapproval, regarding a specific issue after much consideration, this is very important because it render contact lawfully. Although Wood Bell Camp was aware that Mr Cuddy has assigned a property surveyor to examined the property, but they were not aware that the surveyor were only relying on their own measurement instead of taking his own personal measurement of the property. Mr Cuddy also contributed to his own loss by failing to ensure that the property surveyor he had assigned to take the measurement of the property and compared it to the one supplied by Wood Bell Camp before purchasing the property. â€Å"the court ruled that the duty of care of which the plaintiff owes was to ensure that the measurement of the property which the defendant published of the sales brochure was is accurate before purchasing the property.† (In the case of Walsh v Jones lasalle ltd) Although David Walsh did not contacted a property surveyor to examine the property before he purchased it, Mr Cuddy did but only failed to ensure that the measurement are accurate this made him contributed to his own loss. If had he done his own measurement and bring it to the awareness of Wood Bell Camp, I am sure the price would have been reduced for him to suit the correct measurement. Another auctioneer would have been assigned by the company to retake the floor measurement and compared it to what Mr Cuddy property surveyor had provided. Bibliography Brian, Doolan (2011) Principle of Irish Law, Dublin, Gill and Macmillian Davenport, Ruth (2008) make that grade fundamentals of Irish law, Dublin, Gill and Macmillian Ursula, Connolly (2009) Round Hall nutshells Tort, Dublin, Thomson Reuters Electronic Source www.bailii.org. www.courtservice.ie [->0] – http://www.wikipedia.com

Simplifying Expressions Using Distributive Property

How Yoga Can Help Relieve The Stress That College Students

One would be hard-pressed to find a college student who does not deal with high levels of stress. According to the American College Health Association’s annual assessment last year, approximately 53% of college students reported experiencing above average levels of stress (ACHA). What’s more, 30% of those students said stress had a significant negative impact on their academic performance (ACHA). Unfortunately, attending college requires students to take on unavoidably stressful situations, such as paying for tuition and living expenses, rigorous coursework, and other social and family related obligations. Since the sources of stress cannot be eliminated for the most part, the best way to students to successfully navigate their college education is to learn methods for stress management. One of these methods is to practice yoga. In this paper, I hope to demonstrate how yoga can help relieve the stress that college students experience by explaining the physical and menta l benefits of developing a yoga practice. In addition, I will address the limitations that college students in the United States may face when getting involved with yoga, and in turn offer solutions to these limitations. First, I will give a brief overview of the history of yoga and explain what it is. The word â€Å"yoga† means to unite or connect. It is a spiritual practice and system of discipline that originated in India approximately five thousand years ago. Although it is most commonly tied to the religionShow MoreRelatedStress Relief for College Students1233 Words   |  5 PagesEveryone experiences stress in their daily life as it is from trying to get to work or school on time, handing in a project/assignment on time, doing well on exams, having a happy relationship, family problems and many more. 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Johnson s Seagrass And Its Effects - 1370 Words

Johnson’s Seagrass is a small, fragile seagrass that reproduces asexually. As a consequence, it’s range is limited to 200 kilometers in length of river mouths and tidal rivers off the coast of Florida, making it the seagrass with the most limited distribution in the world. It’s leaves are about 2-5 cm in length. This seagrass is tolerant of variations in salinity but is not tolerant of damage caused by human boating activities and actions including anchoring and dredging. This species of seagrass is so easily moved that it is uprooted by the turbidity caused from boat propellers. Halophila Johnsonii is also threatened by poor water quality including runoff and low oxygen levels. Johnson’s seagrass was declared a threatened species under†¦show more content†¦More specifically, â€Å"Important ecological and economic functions of seagrass beds have been widely acknowledged, notably their importance to fisheries and their role in preventing coastal erosion and siltation of coral reefs† (Erftemeijer and Lewis. 2006). Coral reefs are already disappearing at astonishing rates and siltation is even more detrimental to their survival. Since the number of acres of seagrass off the coast of Florida has decreased significantly in the past 65 years, it is especially concerning that Johnson’s seagrass reproduces asexually because â€Å" The plant has a reduced capacity to repopulate an area if lost due to human or environmental perturbations† (Johnson’s Seagrass Recovery Team, 12). The objective of this research is to determine whether or not Johnson’s seagrass endangerment is correlated to the amount of detrimental pollutants that humans are putting in aquatic ecosystems such as excess nitrates and oil from dredging. The critical prediction in this experiment is that as the concentration of a pollutant in the water Johnson’s seagrass grows in increases, the amount of growth decreases over time. The dry weight of the plant over time would decrease when grown in polluted water when comparing the dry weight of the plant when grown in clean water. The Flint River located in western Georgia is quite unpolluted and will be fit to reproduce these clean water conditions in the laboratory.

Computech Company Case Mergers free essay sample

Company Profile of CompuTech Company Marco Garibaldi was a computer hacker and began to develop computer programs in the basement of his parents’ home. His first software program named as â€Å"WordPro† aroused great interest among the academic and the business communities. That was the story behind the establishment of â€Å"CompuTech Industries† in 1983. The company went to public in 1990 for the first time. By the end of 1995, CompuTech’s stock price was $25 per share and its outstanding shares were 10,000,000. CompuTech has developed a solid reputation especially for reliability and timely introduction of new products. Besides, it supplies a toll-free telephone service in order to identify and correct program bugs. Its products are perceived as innovative, easy to use and relatively free from errors. However, diversity of the products offered by the company is limited. CompuTech is expert on just one type of software: word processing and presentation programming. On the other hand, trends in the market are changing so fast, office packages that combine multiple programs and spreadsheets are so popular. Garibaldi thinks that CompuTech should combine its force with another software company, which specializes in accounting, finance and tax return software programs. Computer Concepts Inc. (CCI) is considered as a potential candidate for the acquisition. CCI went public in 1993 and now it has 2. 5 million shares sold with price of $1. 25 per share. Management owns 30% of the company. Garibaldi doesn’t know whether management will be willing for merger or not. Yet, he is quite sure that CCI’s managers didn’t have discussions with anyone else about a merger. That’s a good point for CompuTech. Whether CompuTech should make an offer and if so should it be friendly deal or hostile takeover will be analysed in this paper. Besides from these, there will be suggestions about the value of an offer and how they should make a payment. To sum up, MA from all dimensions is the main concern of this report. Rationale for Mergers and Acquisition In today’s competitive world, companies should seek different alternatives for maximizing firm value. One of them is Mergers Acquisitions (MA) and there are basically five rationales claimed by proponents of mergers. First of all, tax consideration is a motive. When acquirer has accounting profit whereas target firm has negative accounting profit, firms will enjoy tax advantages. Acquirer’s tax liability reduces depending upon the loss incurred by other firm. Thus, tax payment made by the firm with positive net income will be much more less in total. It is especially preferable when corporate tax rates are high. Second, diversification benefits should be considered. Diversification is absolutely beneficial to employees, customers and managers of firms. From external investors point of view this doesn’t be a concern since they can create a portfolio, indeed easily than firms do, which eliminates unsystematic risk by diversification. Thus companies don’t need to do that internally at all. But the point is that diversification (especially from different industries) will reduce the variability on EBIT. Firm can get advantage of low cost of capital and debt. Decreased risk associated with the company reduces discount rate used by the firm as well. Consequently, management will be more confident about future earnings, and this gives them flexibility in financial decisions. Third one is purchase assets below replacement cost. Purchasing assets is less costly than developing the necessary production capacity by itself as a single firm. Companies consider replacing systems or assets with the ones of acquired firm can purchase these assets below replacement cost. In order to determine whether the purchase of assets is reasonable or not, acquirer firm should implement a cost-benefit analysis for the assets of target firm. If benefits exceed the costs, we can say that merger will provide a cost reduction for acquirer. The next one is control of the firm. If a company attempts to take control over another firm, MA is a way for achieving it. MA is useful especially when the management of target firm is not so successful. After acquisition new management can increase value of the target firm by well managing, decreasing costs and increasing efficiency. The last one is about synergy. When two firms are combined, an extra value for occurs for the companies apart from the summation of their standalone entity. It refers to synergy. From society’s point of view synergy is the most justifiable motive. Shared know-how, intangible resources (generally human resources, corporate culture, business creation etc. ), more efficiently used physical resources, economies of scale, reduced costs lead more successful business. They are advantages for different stakeholder parties within the company as well. Also it increases competitiveness in the industry. It turns into offering best efforts for the wellbeing of customers. It can be seen as an equation, which gives more than its numerical total: one plus one is more than two for every one. Another socially justifiable motive is control. Changing the control of the firm will increase shareholders’ wealth (that is the ultimate goal in business) and thus it increases benefits of shareholders. After MA most of the companies are managed and controlled more successfully than the previous managers. On the other side, there are some motives, which can’t be justified socially. Tax consideration can’t be justifiable from the perspective of society. Firm can decrease their tax obligations by MA; thus , state can collect less money. It reduces the income of the government consequently limits the amount spending to projects and services for the welfare of the citizens. CompuTech Company can use the advantage of MA in terms of synergy, diversification and purchase assets below its replacement cost. Controls of the firm and tax concerns are not applicable in CompuTech’s case at all. CompuTech wants to increase its variety of products. Also it pursues a large market share. It has no tax concerns and no intention to take the control over the other firm because of the strategic reasons. Its purpose is much more in economic sense rather than strategic. Types of Mergers (Hostile vs. Friendly) A merger is joining of two firms in order to form a single firm and it can be distinguished as friendly and hostile. In friendly mergers, management of the target firm is willing -at least neutral- to merge. Friendly merger takes place if management of target company will agree on the issue with the acquirer. In that kind of mergers, management of both sides come together and discuss about the terms of contract (including the merger price, restrictive covenants and flexibilities). However in hostile mergers, target company doesn’t want to get into a merger or deal is not achieved by negotiation process or even the targeted company doesn’t know intention of the acquirer in advance. Acquirer firm prepares merger contracts in general. Determining the types of payment (by cash o by stock), amount of offer, price and other legal and technical issues underwent by that company. Then the offer is disseminated to the management of targeted firm and the negotiation process begins. However, in some cases, consensus may not be reached. Then there are different tactics implemented by acquirer firm. Acquirer can make a tender offer. It means that acquirer goes directly to the shareholders of targeted company and buys their shares in return for some premium over the current market price. Before tender offer, there is asymmetric information between parties. Shareholders require a premium because they are informed. Perception to the targeted company in the market changes as fast as possible. We conclude that it is likely to see an overbidding in a hostile merger rather than a friendly merger. The reason is that the acquiring firm may inevitably pay higher premiums in order to gain at least 51% of target firm’s shares and shareholders can be convinced to sell their shares if the target’s management notified them about not to sell. Valuation Analysis The discounted cash flow (DCF) method to valuing a business includes the applications of capital budgeting procedures to an entire firm rather than to a single project. However, differently from common capital budgeting procedures, interest expense is involved in the analysis and deducted in merger cash flow statements. The reason is that the debt related to merger is more complex than issue of new debt related to capital budgeting projects. Acquiring firms often assume that the debt of target is part of the deal. Moreover, the acquisition is often financed partially by debt. In order for the growth of target firm in the future, management will have to issue new debt. Therefore, the interest expense is typically deducted in the merger cash flow statements. Furthermore, earning retentions are deducted to obtain the free cash flows. The reason is that the subsidiary needs -like any other firm- to reinvest some of its earnings in order to maintain its growth.

Organizational and Capacity Building

Abstract Companies have tended to focus a lot on philanthropy as one way of marketing themselves. This has been equated to capacity building in myriad of ways.Advertising We will write a custom coursework sample on Organizational and Capacity Building specifically for you for only $16.05 $11/page Learn More However, the term capacity building can be viewed from various perspectives. For instance, building cooperation and coordinated minds in an organization is one form of capacity building. The latter starts from within an organization before taking the shape of social responsibility. While capacity building has several definitions and various concepts, the most outstanding feature of this organizational feature is that it enhances unity. In an organization, capacity building means bringing together all players in the organization for purposes of driving the organization from one level of operation to another. Therefore, all organizational players must a gree to form one channel of development. There are various means of building capacity in the organization. One way is by developing a strong culture full of positive values, beliefs and norms to be followed by all employees. After coming up with one mind that is directed towards improving the performance of the organization, employees and other stakeholders can then focus on offering community assistance. This will then translate to community building or social responsibility. American Civil Liberty Union is a non-profit organization focused on enhancing human rights amongst the publics. However, the company may not succeed if it does not invest in capacity building in the organization. While the company has tried to its best to enhance this concept, it has not succeeded to levels that can make all proud. Therefore, there is need to change quite a number of issues for purposes of building from that front. This paper analyzes the concept of capacity building and how it has been appli cable in this organization. The paper also explores some of the approaches which can help build more of capacity in the organization.Advertising Looking for coursework on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Company: American Civil Liberties Union Capacity building is capable of bringing in some harmonization amongst key players of an organization. At American Civil Liberties Union (ACLU), the department tasked with maintaining capacity building has done significant work. As an employee in the department, I have experienced some ways of maintaining togetherness in the company, which has led to harmonization in the company. The company has faced off tumultuous times like the Financial Crisis of 2009. This company has used a number of skills in building strong capacity amongst the employees and utilization of technology. One way the company has done this is by training of organizational employees and enhancing co operation. The company has made it as a conceptual process to develop within the company by putting a major focus on the people in the organization. Employees in various departments are coordinated in a way that brings even development in the organization. Some of the directors in the company include the development director, the Staff Attorney, Paralegal person, the legal fellow, and the communication director, the Administrative Assistant, development associate, legislative director, executive assistant and the field director among others. The deputy director is the head of a department tasked with enhancing capacity building in the organization. Working under Mary Beijian; the deputy director in the company is fulfilling because it gives a chance to build the company from within. The policy in the company is to always be on the upward trend towards organizing strategies plus some public policy lobbying. The bottom line is to establish good links between various members of the sta ff in the company and another link with the publics. Prior to moving to the department of deputy director, she was tasked with improving affirmative actions. However, it is the Organizing Community Engagement Director who comes directly with issues touching on capacity building in the company. Some of the efforts that have been taken are the implementation of engagement with communities, instituting recruitment programs, general capacity-building efforts, effective planning for the human resource persons and coming up with strategies to enhance grassroots participation.Advertising We will write a custom coursework sample on Organizational and Capacity Building specifically for you for only $16.05 $11/page Learn More There are also some advocacy campaigns that are meant to bring together company membership, especially in the organizational employees and managers. The communication director is tasked with communicating important details that enhances cap acity building in the company. Laura Saponara is the Communication director and is tasked with coming up with crucial measures that would ensure all members of the organization are informed of major decisions. The biggest advantage that has been brought in the company as a result of enhancing organizational capacity building is the social impact. There is a common language in the company in terms of talking from one front. Due to effective distribution of important information, everybody in the organization becomes the image seller. That is, they understand all what the organization stands for and therefore act as the image sale agents. Capacity building has helped the company improve in productivity. Mostly, this has been brought about by effective training programs for the employees and improving the social fabric amongst the employees. When the company employees speak from one front, mistake is corrected in one accord and the employees are able to improve on productivity. Everybo dy in the organization acts like an owner, where, the spirit and determination to succeed or perform in the organization is evident in the eyes and faces of the employees. Concept of capacity building According to Maurrasse (2004), capacity building is a modified form of social responsibility. However, it focuses more on building energy and cooperation in the organization. It is this energy and cooperation that is then transmitted to social responsibility and community building. Maurrasse (2004) writes that it is agreed in any organization and mostly the non-profit organizations that there is insufficient attention paid towards building the organizational capacity. However, organizations are moving towards putting a strong partnership and cooperation before the energy could be reinvested in performance. There are some crucial parts of capacity building that should not be ignored. According to Judge (2011), these measures are extension programs of an organization, delivery capacity, adaptive capacity and improving of health amongst the workers. Mostly, the organization should first analyze its market environment and the dynamics that have come with modernity to know the kind of capacity building to initiate.Advertising Looking for coursework on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Judge (2011) puts it plainly that capacity building is making two forms of personality and minds become one. That is, bringing different lines of thinking to become one for the purposes of realizing benefits. The best outcome of capacity building is improved social fabric and impact in the organization. Strategic leaders in the world are under intense pressure to realize good results. However, it is the employees who must put their efforts towards harmonized improved of the organizational performance. This can be done through harmonized thoughts, enhanced positive culture and improving the social fabric in the organization. It is, however, the work of the strategic leaders to make sure that the employees think from a common front. When organizational inner capacity building is enhanced, the employees together with the management can extend to the community building through social responsibilities. The approach to have capacity building in the organization Before instituting a strong sense of responsibility in an organization, there must be some steps to be followed. These steps must be coordinated well to make sure that important parts are not missed. According to Joffres (2004), there are three common forms of capacity building. One, the capacity building at an individual level, where, a person in an organization develops within to build participative skills, enhance his or her existing knowledge and establish conditions that would improve adaptation to change. Second, the institutional capacity building, where, the organization works out some programs to improve on knowledge, cooperation, learning and performance. The third is the societal capacity building which advocates for participation amongst its members. Some of the ways of instituting or improving capacity building in an organization is by developing a strong culture full of positive norms and values to be followed by the organizational players (Jones, 2001). There are various factors and facilitator s that contribute to sustainable development through capacity building. According to Jones (2001), these factors vary from one organization to another. However, common to these are the established organizational culture and the multi-sectoral initiatives in the organization. Researches support participation as the best form of capacity building in the company. However, it can be recognized that before establishing participation and cooperation in the organization, there must be a positive culture. The culture in the organization must allow people to express themselves and put own initiatives freely. This way, organizational staff and other players would have organizational ownership which is essential in enhancing cooperation. More to this, the leadership of the organization must be ready and willing to bring various minds together. There must be technical supports, congruence, research activities, readiness and strong leadership to enhance capacity building. Enhancing capacity buil ding at American Civil Liberty Union As noted earlier, there are some bits of capacity building practiced at American Civil Liberty Union. Through a number of organizational leaders, employees and other shareholders of the company are brought together in terms of thinking for the organization. However, there are some grey areas that need to be addressed effectively. For example, this company has tended to equate high strategic management to capacity building. The company is a non-profit organization, and therefore, it depends fully on funding. The kind of capacity building that is practiced in the company is one which focuses on securing funding from interested parties. This needs to change and focus capacity building as a form of building strong cooperation among the organizational players. Even where the company gives out a strong message to potential funders in the world, a focus on improving participation amongst the employees is crucial. At long last, funders may opt to move ou t simply because the company may slowly disintegrate. Capacity building in this company is capable of strengthening the link between positive image and production. The positive image is meant for all stakeholders, while production is meant to benefit people from the program. This company is all about civil liberties, and therefore, with effective capacity building, it is possible to boost the impact. Social impact needs to be created first being creating the fabric in social responsibility. The various managers of this company recognize the growing need of capacity building but lack the means to do so. The first thing to do is for the top management to come up with a culture that can bring the minds and people together for a focused form of productivity. Another aspect of development in terms of capacity building at this company is to enhance affirmative action and upholding various human rights. References Joffres, C. 2004. â€Å"Facilitators and challenges to organizational capac ity building in heart health promotion.† Qualitative Health Research, 14(1), 39-60. Jones, M. L. 2001. â€Å"Sustainable organizational capacity building: Is organizational learning a key?† The International Journal of Human Resource Management, 12(1), 91-98. Judge, W. Q. 2011. Building Organizational Capacity for change: The leader’s New Mandate. New York: Business Expert Press, LLC. Maurrasse, D. 2004. A future for everyone: Innovative social responsibility and community partnerships. New York: Taylor Francis, Inc. Appendix: Possible scenarios of capacity building at ACLU This coursework on Organizational and Capacity Building was written and submitted by user Bridget Warren to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.