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Wednesday, July 31, 2019

Eminent Domain When Can the Government Take the Property of a Citizen Without His Consent?

Melanie Carter Political Science 2212 State & Local Government W01 Spring 2013 Eminent Domain When Can the Government Take the Property of a Citizen Without His Consent? One of the more controversial Government actions is its ability to exercise the power of eminent domain to take control of property that belongs to an individual or private entity against their will. â€Å"Eminent domain, broadly understood, is the power of the state to seize private property without the owner's consent† (WordNet).This paper will examine the elements of eminent domain and what protections are in place for citizens that may be effected by it, identify types of transactions that are typically involved and accepted in eminent domain cases and discuss what the citizens should expect to receive as compensation even though they have lost the property due to some of the broad definitions of the elements. Any time the government is taking the property of an individual, without his consent, it is a con troversial matter.Many politicians and citizens agree that it was necessary to establish a method of acquiring property for the needs of the common good of the community even when there is a lone hold out property owner. It has been held that the power of eminent domain can only be exercised after meeting the protection standards established under the Fifth Amendment of The United States Constitution. We have been conditioned through the media that the Fifth Amendment protects us against self-incrimination â€Å"I plead the fifth†.Self-Incrimination is an important aspect but most people don’t realize that the Fifth Amendment has a â€Å"taking clause† designed to protect the property owners. â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor sh all any person be subject for he same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation (United States Constitution Fifth Amendment). The Amendment initially only applied at a federal level until passage of the Fourteenth Amendment in which due process and equal protection were made applicable to the states.Taken at face value, the Fifth Amendment taking clause can be broken down into four basic elements: Nor shall (1) private property be (2) taken for (3) public use without (4) just compensation The first is private property, it is self-explanatory and the definition is fairly narrow today although its prior applications were more expansive for example one of the biggest issues with emancipation of slaves was the one time belief that they were seen as pr operty and not as individuals and this status protected the property owner.It was this view that brought about the Emancipation Proclamation and passage of the Thirteenth Amendment. Private property is defined as: Private property N-land or belongings owned by a person or group and kept for their exclusive use (Dictionary. com) The next element is the taking of the property. The property my be taken from the owner without their consent in order to make an improvement of some sort that will have a beneficial result for the community.It’s important also to note that property owner is not only in jeopardy of losing their property to the government but that it may lose to a private developer for the purpose of an improvement that might add value to the city for example in the form of taxes. In the case of eminent domain the property is taken without the consent of the owner of the property. If the owner were to consent or agree to a payment then it is simply a transaction and emi nent domain is no longer applicable.The third element is the requirement that the property is taken for public use and because of the definition applied for public use it is the most controversial. While the party who is surrendering his property under eminent domain will almost always be upset or offended, the remainder of the citizens will typically may not take issue with the process as long as they see the benefit for themselves and their communities. Improved infrastructure such as road building, bridge building, water shed protection and education are examples of these takings that are agreeable with most of the people.The broad definition of â€Å"Public Use† in Eminent domain cases as applied today: Public use n. the only purpose for which private property can be taken (condemned) by the government under its power of eminent domain. Public use includes: schools, streets, highways, hospitals, government buildings, parks, water reservoirs, flood control, slum clearance and redevelopment, public housing, public theaters and stadiums, safety facilities, harbors, bridges, railroads, airports, terminals, prisons, jails, public utilities, canals, and numerous other purposes designated as beneficial to the public (Hill & Hill).This broad definition was reviewed and established primarily based on two US Supreme Court cases. The first is a 1954 decision in the case of Berman v. Parker (Law. Cornell. Edu) and it was found that public use has a much more broad reach than simply building a roadway. In Berman, the case dealt with the District of Columbia Re-Development Act of 1945 and found it to be constitutional for the administrative agency to take the appellant’s building from him. The appellant owned property and used it for commercial purposes, to use urban slang, he was a â€Å"slum lord† and the agency wanted to re-develop the area.The Supreme Court agreed that it was reasonable to â€Å"eliminate and prevent slum and substandard housin g conditions—even though such property may be sold or leased to other private interests subject to conditions designed to accomplish these purposes† (Law. Cornell. Edu). After upholding the Re-Development Act, the definition of â€Å"public use† was expanded to cover the aforementioned â€Å"beneficial to the public†. Essentially the Supreme Court said that the requirements of the Fifth Amendment are fulfilled when the owner of the property receives his just compensation for the taken property.Berman remained the standard for 50 years, but it was not the final say of the US Supreme Court when it comes to defining â€Å"Public Use†. The next case would further expand on the public portion of the definition in 2004 with the case of Kelo v. The City of New London. In this case, the Supreme Court expanded on the earlier Berman decision. The City of New London had established a development plan that â€Å"projected to create in excess of 1,000 jobs, whi ch would increase tax and other revenues and would also revitalize an economically distressed city including its downtown and waterfront areas†Ã‚  (Minier, 2005).After buying most of the property necessary for the development there were a few â€Å"hold out† landowners who refused to sell their property. The city wanted to use the power of eminent domain to take possession of the properties that belonged the holdout owners. The Supreme Court set precedent when it found for the City of New London and refused to overturn the ruling of the Supreme Court of Connecticut allowing for property to be transferred to a private owner for the use of economic development, which would benefit the community and therefore could be defined as public use.This broadened the public use definition and has created a lot of controversy because it allows a for-profit, private entity to become the new owner of the taken property as long as it can be shown that the public will benefit. The use o f eminent domain for this purpose will often result in public outcry and protest because the citizens don’t agree with the encroachment by private entities much less the government. As an example, what if Ford Motor Company approached the City of Kennesaw about building a new manufacturing plant for its popular F-150 pick-up line.They are planning on creating 2,500 new jobs with the factory as well as relocating another 250 current employees to the area. Ford has acquired all the necessary parcels of land except for one house on one and a half acres that the owner refused to sell despite offers from the company to pay for the property and relocate the owner. The new plant would increase the tax base for the city and would bring people into the area into new homes (creating more business with construction) or into currently vacant homes.Under the broadened definition of â€Å"public use† the property could be taken by the city as long as just compensation is paid to the owner, and the city could then sell the property to Ford Motor Company to complete the project. The Final element of eminent domain is â€Å"just compensation for the property which has been taken† (Smith, Greenblatt & Mariani, 2011). The receipt by the property owner of this â€Å"just compensation† is what closes out the requirements under the Fifth Amendment of the Constitution.While the Berman ruling was significant towards defining public use, the Supreme Court felt it was important to speak of just compensation in its findings on the case. Just compensation is very subjective because usually the â€Å"hold out† property owner has established a value for his property that is not agreeable to the purchaser of the property; or in some cases the property has a â€Å"greater than cash† value to the property owner who is just determined not to sell it or have it taken away from him.Initially the government will initiate the process of acquiring the prope rty that they need to complete their project just as if they are attempting to purchase it as an independent buyer would. If there is a meeting of the minds and an agreement is reached the purchase is a simple procedure. The challenge comes in when the current owner and the government do not come to an agreement; it is at this point that the process of eminent domain will begin with the formal filing of a lawsuit by the government to take the property.It is also important to note each state has it’s own laws in regards to eminent domain; for example, in one state the government may be required to pay any legal fees assessed in the case. As discussed earlier, if the parties were to come to terms on a purchase then eminent domain would not be applicable. The owner has the right to just compensation which is compensation for property taken under eminent domain that places a property owner in the same position as before the property is taken see also eminent domain.NOTE: Just com pensation is usually the fair market value of the property taken. Since the definition of public use has been broadened it the significance of just compensation increases because it is the greater judicial measure of having met the requirements of the Fifth Amendment. Further, â€Å"The owner of property is entitled to be put in as good a position pecunuarily as if his property had not been taken†. Fair Market Value as applied within just compensation is also subjective and controversial.FMV (Fair Market Value) will consider current improvements to the property but it does not take into account sentimental value, historical significance, or future increase in value of the property. When addressing the just compensation issue the government usually has the advantage because if they have already decided to exercise the Power of Eminent domain then negotiations have usually ended and with the public use issue settled the property owner can only take the issue to court and hope f or a favorable decision and award through arbitration or the court process.While just compensation covers the property at fair market value it does not cover attorney’s fees related to the disputed acquisition of the property. The challenge here is that the family that has been displaced may find little satisfaction in being justly compensated (in the eyes of the government) for having their lives in an upheaval; their lives may be wrapped up in the community in which they have been rooted and eminent domain could cause an unjust hardship outside of the monetary issue. This is one of the examples that make eminent domain one of the most unpopular acts.The Power of Eminent domain plays an important role in our communities. Although the Fifth Amendment was designed to afford protection to the property owners that protection has been diluted through a series of court rulings that have broadened definitions and allow Eminent domain to work in the governments favor. Essentially th e government will prevail if it meets the four elements of the Fifth Amendment’s takings clause nor shall (1) private property be (2) taken for (3) public use without (4) just compensation.When deciding the next course of action the property owner should be aware these elements and also should consider the worthiness of the challenge. Currently the Atlanta Falcons, a private sports franchise, are looking for a new stadium that will be built and operated in a joint venture with the City of Atlanta through a government appointed agency, The Georgia World Congress Center Authority and just compensation will play heavily in the activities of property acquisition.There are two churches in the way of the proposed new stadium site, one of which wants to improve its standing and position and the other has age and historical significance. Friendship Baptist Church has historical significance in that it was started by slaves more than 150 years ago and is the â€Å"oldest black Baptis t church in the city of Atlanta† and many important events/institutions began at this church including the fact that Spelman College was founded in the basement of the church and Morehouse College held classes there (Proctor, 2013).At this point, Lloyd Hawk who is the Chair of the Board of Trustees for the church says that they want the significance of the church to continue to be at the forefront and they want some of the significance of the church, such as the Bell Tower, to remain but they are waiting to see what kind of offer they are going to be made. The other church, Mount Vernon Baptist, has conceded that they would sell and have stated that they want to do what is best for both the community and the church.There will be other property owners who choose to hold out trying to get the â€Å"best deal†. This matter will be a good, relevant case study in eminent domain because it will involve all aspects of the disputed issues including public money, public use, inc reased economic impact, and private corporate involvement. The bottom line is that in the case of eminent domain there is no clear winner and there may be a clear loser. In some cases it may be a good thing for all parties involved; perhaps the property owner has no ties to the property and is ready to get out.Taking payment for the property may be a way that they can walk away cleanly. But, the government, in my eyes will never be the loser because they will always get what they want. The homeowner may not want to surrender the property for any amount of money based on sentiment or any number of other reasons and being forced out of their gamily home is stressful. Or, the homeowner may feel that the financial (just compensation) falls short of their expectations or they may simply be greedy and want too much.In either scenario the homeowner is clearly the loser if they lose their home under circumstance that they feel are less than ideal if the power of eminent domain prevails. Bib liography Hill, G. , & Hill, K. (n. d. ). Retrieved from http://legal-dictionary. thefreedictionary. com/public use Minier, D. (2005). Kelo v. city of new london. Retrieved from http://www. casebriefs. com/blog/law/property/property-law-keyed-to-dukeminier/eminent-domain-and-the-problem-of-regulatory-takings/kelo-v-city-of-new-london/ Miriam Webster. N. p. : n. p. , n. d.Http://dictionary. findlaw. com/definition/just-compensation. html. Web. 04 Apr. 2013. . (n. d. ). Retrieved from http://www. law. cornell. edu/supct/html/historics/USSC_CR_0348_0026_ZS. html private property. (n. d. ). WordNet ® 3. 0. Retrieved April 16, 2013, from Dictionary. com website:  http://dictionary. reference. com/browse/private property private property. (n. d. ). Collins English Dictionary – Complete & Unabridged 10th Edition. Retrieved April 16, 2013, from Dictionary. com website:http://dictionary. reference. com/browse/private propertyProctor, A. (2013, March 22). Historic atlanta church si ts on proposed site of new falcons stadium. Fox 5 News. Retrieved from Historic Atlanta church sits on proposed site of new Falcons stadium SCEG. (n. d. ). Retrieved from http://www. columbia. edu/cu/cssn/expansion/ Smenkowski, B. P. (n. d. ). Retrieved from http://www. britannica. com/EBchecked/topic/206470/Fifth-Amendment/296512/Takings In text (Smenkowski) Smith, K. B. , Greenblatt, A. , & Mariani, M. (2011). Governing states and localities. (3 ed. , p. 439). Washington, D. C. : Cq Staff Directories.

Tuesday, July 30, 2019

Rhetorical Analysis of the World Tradeorganization Essay

WTO: Why It Was Opposed – A Rhetorical Analysis of Top Twelve Reasons to Oppose the World Trade Organization Nowadays economic globalization is a trend. Free trade affects us every day. The World Trade Organization is writing the constitution and operating the global trade. However, more and more people start to think over: is free trade a universally good global economic system? Does the WTO can really inspire growth and prosperity for all? According to the Global Exchange, the answer is no and there are alternatives to the WTO. A flier distributed through the website for Global Exchange appeal to people to oppose the WTO and replace it with a democratic global economy. The flier strongly proves that the WTO does harm to the human rights, global economy and the equality between poor countries and powerful countries. As far as I am concerned, the flier works beautifully to make people realize the disadvantages of free trade and shortcomings of the WTO by enumerating twelve reasons clearly and by using logos, ethos and pathos successfully. The flier from the Global Exchange claims that the WTO has been the greatest tool for taking democratic control of resources out of our communities and putting it into the hands of corporations. There are twelve reasons listed that why people should oppose the WTO. By the mean of showing the disadvantages of free trade . Global Exchange persuade people to reject the expansion of the WTO and help build a political space that nurtures a democratic global economy. A essential persuasive technique in a advertisement or a flier is pathos. The author starts off the flier by a brief statement about the aim of the WTO in a sarcastic tone and then uses the positive tone to describe the team to oppose the WTO is becoming stronger and stronger. The sentences such as â€Å"an international movement is growing†¦. and importantly, we are winning! † make the readers believe that more and more people aware of the negative influence of WTO. We can also see the emotional sentences in the last two paragraphs of the flier. The author is trying to urge the readers to get involved in the international opposition to the WTO by using the short and powerful phrases like† Stop the WTO! †,† Get Involved! †. Using pathos can effectively engage readers’ emotion and imagination. In addition to the Pathos, ethos also has very important effect on this flier. The author presents a lot of specific information about the policies of the WTO and its practices in many aspects in recent years. All the facts, the reports from the authoritative organization like the United Nations Development Programs, the Universal Declaration of Human Rights, give the flier strong evidence and make it creditable. The major technique the author uses in this flier is the logos. In order to make the readers understand and accept the reasons to oppose the WTO, the author explains them very logically. He states the policies of the WTO first and then explains specifically how the WTO do harms by the facts. For example, one of the reasons to oppose the WTO is the WTO undermines local level decision-making and national sovereignty. First, the author states â€Å"the WTO requires that all WTO members countries to treat each other equally and to treat all corporations from these countries equally regardless of their track record†(90). Then, he explains how the WTO violates its own principle by some facts such as â€Å"the California’s Former Governor Gray Davis vetoed a â€Å"Buy California† bill that would have granted a small preference to local businesses because it was WTO-illegal. † (90) We can see the WTO rules are so rigid and unreasonable sometimes and undermine local decision-making severely. It is easier for the readers to understand through the logical explanations. The use of logos backs up the author’s claim and make readers agree easily. This flier clearly explains the disadvantages of the WTO and the free trade. The author uses logos to reveal the shortcomings of the WTO and ethos to strengthen the evidence. Pathos also make the flier be vivid and full of passion. Besides, it is also informative because it refers to a lot of information about the WTO and the global economy. In a word, it is a successful flier.

Monday, July 29, 2019

The Struggle for Democracy and Democratic Consolidation Essay

The Struggle for Democracy and Democratic Consolidation - Essay Example The essay "The Struggle for Democracy and Democratic Consolidation" analyzes the struggle for democracy and democratic consolidation and their connection to such themes as corruption, populism, divided societies, and political activism. Society makes a shift to equality, and from there, policies will be yielded by one-person-one-vote and the nation will have more supporting power and the consequential cover, crown, and feast. However, changes in political institutions do not simply happen because the people require them. Transitions to democracy typically take place when the elite controlling the active regime broaden rights. Transfer of political power to the majority mostly guides to social choices that the elite does not like. The theory of democratization is crucial in power transition from the elite to the majority citizens. Revolutions attract citizens thus leading to democracy to stop revolutions from occurring. When revolutions happen much wealth of a society may be destroyed affecting the influential and citizens. These costs force the elite to allow for concession and democratization avoiding revolutions. The power is transferred to the people who participate in decision making through participation. Divided societies exist in a democracy and democratic consolidation is due to the different social classes. Leaders use the fact of classes to appeal to the citizen. Governing institutions for societies are alienated along the lines of customs, culture, language or creed. A historic minority as well as experiences of immigration waves cause divided societies. Futile democratic transitions in plural societies frequently upshot in the bloodiest quarrels and most destructive power strives in developing nations6 today. India has a multiparty parliamentary system of government, a majoritarian first-past-the-post (FPTP) electoral system, an incredibly varied party system with some ethnic-based and some programmatic parties7. Political corruption disguises a sev ere threat to democracy and its consolidation. Corruption, either petty or otherwise has become omnipresent in Indian society and politics. It varies from the bribes that ordinary citizens give to record a statement at the police station, to shady

Sunday, July 28, 2019

Financial Decision Making Coursework Example | Topics and Well Written Essays - 750 words

Financial Decision Making - Coursework Example The price earnings ratio measures the relationship between stock dividend payout and a stock’s market price in order to compare a stock’s performance against any other stock. One can also use earnings per share in order to determine how a company compares to another in terms of current dividend paid. This two key investment ratios can only be used with company’s that are publicly traded and issue stocks Additionally there is a wealth of investment advice and current company profiles and analysis available on the internet, which make the task of choosing an investment much easier for the private investor. For a company that is not publicly traded, an individual must use other forms of financial analysis in order to determine what the best investment option is and how much the required rate of return needs to be in order to justify the risks associated with a specific company. We have been presented with three individual companies as possible investment alternative s none of the companies are publicly traded. The three possible investment choices are: 1) Acme Consulting-Although the initial investment of the company is low at $50,000,the company will be a start up venture so the risks related to the investment are always highest with a new company. Acme will be a management consulting firm with a high level of expertise and experience specializing in marketing and distribution of high technology products and solutions in the international market. The initial operating focus for the company will be the European and Latin American markets and the American market for foreign clients. Acme will provide high value services at the highest costs the market will bear the company will be targeting primarily large manufacturers of high technology products such as IBM, Apple and HP as potential clientele. 2) Interstate Travel Center- Is also a start-up company which will consist of a will be full service truck stop and service center to be located in Tex as. The initial start up costs for the project will be 2.75 million in order to buy the land and build the 6,000square foot facility which will include a restaurant, convenience store, gas/ diesel islands and service facilities and amenities. The required capital investment will be $250,000 from an investor/s and a 2.5 million loan. 3) Silvera and Sons- This is a successful well establish business dedicated to the distribution and exportation of premium Brazilian Arabica Coffee beans. Its main customers are premium American specialty roasters and wholesale to the local Brazilian market. For the last six years demand for the company’s products has exceeded capacity, so the company has had to refuse a lot of larger shipments, therefore losing a lot of potential sales and customers. The company wants to expand their production capacity in order to fulfill the additional demand. The company is confident that they will be able to sell all additional production of their premium Ara bica beans. Since the investment will be used to fulfill the demand for their products, and it is a successful profitable company, it seems that the safest investment for an individual would be to invest in Silvera and Sons. Although it was not required in this assignment to calculate the discount rate for each company, I took the initiative in my research of learning how to calculate the discount rate. In order to calculate the required rate of return or discount rate one must determine what the risk free interest rate is, the average market return, market risk premium

Saturday, July 27, 2019

Friendship in William Shakespeare's Timon of Athens Research Paper

Friendship in William Shakespeare's Timon of Athens - Research Paper Example The presentation of male friendship in the play has attained serious critical attention and the readers are able to recognize that Timon’s investment in his male friends and his loss of friends symbolized by his vanished gold are central to the ideas of friendship in the Renaissance. It is fundamental to maintain that gold in the play is the essential instrument of ‘friendship’ and it takes the place of the phallus, which is not only the phallus as absence, castration, or fear of feminine, and maternal power. As Karen Newman maintains, â€Å"Timon of Athens’s world of male/male love and passionate friendship speaks through Plutarch and the ‘wild’ figure of Alcibiages, whose relation with Timon and his phallic, golden gifts adumbrates another view of Jacobean gift giving.† (Newman, 387) This paper undertakes a reflective exploration of the conventions of friendship in William Shakespeare’s Timon of Athens in relation to the ideas o f friendship in the Renaissance in order to demonstrate how the conventions of friendship in the play are connected with Renaissance ideas of friendship.One of the major concerns of the studies in Renaissance literature has been to investigate the link between the conventions of friendship in the literary works and ideas of friendship in Renaissance. William Shakespeare is a dramatist who has dealt extensively with the conventions of friendship all through his literary career, by means of his sonnets, long poems, comedies, tragedies, romances, and histories. Significantly, the theme of friendship has been a central concern of the playwright and his famous works personify the theme of friendship through the friendship of Hamlet and Horatio in Hamlet, Rosalind and Celia in As You Like It, and Hal and Falstaff in the Henry IV plays. Therefore, it is an indisputable fact that Shakespeare’s plays deal with the theme of friendship and it is substantiated by his iconographic represe ntation of false friendship in his late tragedy The Life of Timon of Athens. One of the most essential aspects of the concept of friendship as presented in this play is that Shakespeare presents it in contrast to the existing ideas of friendship in the Renaissance. As Graham Hammill observes, â€Å"While humanist models of male friendship emphasize the equality of friendships and the permanence of the bonds between them, early modern English drama stages friendship as exactly the opposite.† (Hammill, 924) Therefore, it is fundamental to comprehend that Shakespeare’s Timon of Athens provides a contrasting idea of friendship to the prevalent conventions of friendship during the Renaissance. One of the distinguishing features of the representation of friendship in Shakespearean plays, especially Timon of Athens, is the fact that they reflect the general method in Renaissance literature to represent friendship (frequently between males) in opposition to love and heterosexu al union in marriage. Timon of Athens is a play which deals exclusively with the theme of

Friday, July 26, 2019

College Algebra Unit 3 DB Assignment Example | Topics and Well Written Essays - 250 words

College Algebra Unit 3 DB - Assignment Example In the underweight category, in which BMI is 18.5; the height is 69.6 inches. This is established as shown below: This is done to all categories. H in the normal BMI is 59.997 inches, in the overweight category, 54.75 inches, in the obese category the height is 54 inches, and below. The actual height of Angelina Jolie is 5 foot and 8 inches. This is equal to 68 inches since 1 foot is equal to 12 inches (Smith et al., 2005). This makes her placed under the category of underweight. This category ranges from 70 inches to 60 inches (after rounding off 69.6 and 59.997 to the nearest whole number). Her height should be ranging from 54.75 inches to 59.997 inches for her to fall under the normal weight status. The difference in calculations and actual figures may occur due to rounding off to the adjacent full number. The timing may also matter such that, she might have gained or lost some weight from the time the data was collected to now. In summary, Angelina Jolie falls in the category of underweight based on the facts and

Caracass Current Sanitation and Energy Problem Essay

Caracass Current Sanitation and Energy Problem - Essay Example According to the findings, it can, therefore, be said that the concern by scientists that the combustion of fossil fuels has resulted in surplus carbon dioxide gives a reason for examining this problem so that a quick solution can be found and that no devastating effects are created in Caracas. An additional significance for looking into this problem is that, by researching on it, a recognizable power generation technology that is environmentally friendly, mechanically reasonable, and economically profitable can be discovered so that the city can experience a real option for builders of fresh capacity. Further, energy policy can be formulated, basing on a high degree of energy proficiency and more use of renewable energy. This paper will, therefore, look at the problem chronologically, outlining the body in terms of the record of the earlier problems facing the city for a deeper understanding; a collection of possible ideas and solutions; and finally to link the whole research to the energy problem as well as brainstorm suggested improvements for the welfare of the  city.

Thursday, July 25, 2019

Employment Law Essay Example | Topics and Well Written Essays - 500 words - 10

Employment Law - Essay Example He complains of unfair elimination of his unused vacation. There was no proper written notice of termination of Tomas employment. The company provided a two-week termination payment in lieu of notice. Tomas promotion to a data entry manager made him work for about 55 hours in a week. This made him eligible for overtime because he worked for more than 44 hours in a week. This is because he was promoted a month after his overtime work that is within three months as stated in the Employment Standards Act of 2000. In Zsoldos v. MMMC Inc. Architects, 2005 CanLII, it the plaintiff signed an agreement with the defendant that was legally binding to both parties. Tomas needs compensation for the time off not taken, in addition to the hours he worked during public holidays. He should get time off for the holidays he worked in addition to the three weeks off as stated in the Employment Standards Act. It was not appropriate to eliminate the unused vacation because it could only be legally binding if there was a proper agreement signed in writing and not an oral agreement. This should be effective within seven days of employment termination. The withdrawal of the health benefits was inappropriate because Tomas was still an employee before the major clients seized to do business with Crowne Company. The company should provide the health benefits for the period stated in the contract agreement with the employee. In case of termination of the health benefits, there must be a written notice to the employee. Tomas termination of employment was inappropriate, as his employment with Crown Company lasted for more than three months. In addition, the employer did not give him a proper written notice informing him of the termination of his employment or a pay for the termination. The termination pay in lieu of notice was inappropriate. This is because in case of employment termination the pay in lieu of notice is effective within seven

Wednesday, July 24, 2019

Business Management Affairs Coursework Example | Topics and Well Written Essays - 1500 words

Business Management Affairs - Coursework Example For the purposes of consistency and avoidance of double standards, a single choice of the contract law becomes necessary for Simon. Contents of a contract under English law A legally binding contract under the English law contains various elements stipulating the terms of the contract. In the English contract law, three essential elements ought to be present for any contract to be considered legally binding. A promise ought to be made to a person. This can be identified as the beginning point of a legally binding contract. In this section, the promise becomes a determining factor for any arising legal obligations. The promises form the condition under which contracts become actualized. Promises under the English law do not always come with a legal obligation. The agreements involving payments upon performance of a duty can be identified to contain legal obligations. The making of a promise can be regarded as the intention to create a binding agreement pertaining to a specified duty. The promise only states a limited level of information regarding the offer being made. This element shall be essential in the project Simons is undertaking at the recruitment stage for the judges. The promise made can either be providing legal obligations or not. The second phase of English contract law involves identifying the duties arising from the contract. The English contract law makes a distinguishing characterization between the duties arising. Here, the two categories are bilateral and unilateral contracts. While the English law makes this categorization, the common law does not categorize different contracts (Keenan and Riches, 2011). In the English law, unilateral contracts give legal obligations to only one of the contracting parties. The bilateral contracts, on the other hand, provide legal obligations to both parties. Unilateral contracts cannot be used in the case of Simons as they will not give an obligation to the judges. This phase of the contract law can be define d as the beginning of the formal legal contract. Upon agreement, the parties can consider themselves to have gotten into a contract. The last phase of the English contract law lays down the remedies for breaching of contracts. This also stipulates the system to be employed when seeking remedies to contract breach. Under the English law, two methods of seeking remedy exist. While the main difference between the two lies in the courts administering the remedy, the remedies continue to be administered by the same courts. The English law defines the remedies can be administered by either the king’s bench of the chancery courts. These courts shall be used in the administration of remedies for the contracts between the judges and Simons’ company. Requirements of the contract The Simons TV production company needs to draw contracts adhering to the English contracting laws. This becomes essential for the company in avoiding law suits outside the United Kingdom courtrooms. The company needs to ensure adherence to these prevailing contracting laws of England. The company shall solicit the services of any qualified candidates deemed to fit to perform the functions of adjudication. In accordance to the English law, the TV production company shall make the promise to the proposed judges. The company can make use of both

Tuesday, July 23, 2019

Hamburger Hill The Things They Carried Essay Example | Topics and Well Written Essays - 750 words

Hamburger Hill The Things They Carried - Essay Example Irvin’s film showed that one of the first things that the soldiers faced when arriving â€Å"in country† was a stark reminder of the serous risk to their lives, as they were asked to sign insurance papers and various other legal forms in case they did not survive. This legal reminder of the danger that faced them was backed up by a serious of training talks given them while in camp, including sessions showing them how serious, stealthy, and committed their enemies were, and even how such normal personal concerns such as hygiene and communication could lead to injury or death. At every level, the new recruits were told to follow orders and to respect their fellow soldiers, and they were told that the only way they would come out alive is if they stuck together. This was perhaps the major theme of Irvin’s film and it played a strong element in O’Brien’s essay, in the story of the dead soldier Lavender, who died because he wandered off. This process of early acclimation also included instruction on the use of weapons and the necessity of negotiating the many different factors that they would face during the war, from physical wounds to sexually transmitted diseases to psychological wounds from opinions of the people back home when they returned. O’Brien describes the variety of planned and makeshift provisions that the soldiers carried with them into battle, including bug spray, odd superstitious charms, and varieties of weapons. Each man carried their own materials, but O’Brien’s essay suggests and Irvin’s film represents that they also carried their humanity, their hopes and fears. Only in the battle did they also learn to love each and appreciate each other and stick together. Irvin’s film spends a great deal of time in the early moments showing the soldiers horsing around and fighting, listening to music and playing cards, in order to stress the need for camaraderie among the soldiers. One o f the keys to this camaraderie was following their leader without question. While the new recruits learned to take this lesson in stride during the early training, they didn’t quite believe it. When they are dropped in the combat zone at minute 41:20, one new recruit tries to calm the nerves of another by saying â€Å"these guys know what they’re doing† in regard to their officers. The nervous recruit replied with a sarcastic â€Å"Oh yeah, definitely.† By the end of the film, all such sarcasm had disappeared. They had seen the necessity of trusting one another and pulling together in the heat of fire. They had learned that their leaders and the bravery of their fellow soldiers was perhaps the most important thing ensuring their survival. O’Brien’s essay echoes this sentiment, as he relays the feelings of the fictional leader of the platoon he describes. He shows how Lt. Cross takes personally the loss of soldier under his command because he lost focus for a moment. He claims that Cross â€Å"felt the pain... blamed himself† (p. 6). He had become distracted by his own humanity and his own personal needs for a moment and the soldier had wandered off, not to fight but to urinate. He was killed. Both works stress the way soldiers kept each other honest and diligent, looking out for each other even as they argued among each other. One of the major themes that Irvin emphasizes throughout his film is the difficulties of navigating race

Monday, July 22, 2019

The Hunger Game by Suzanne Collins Essay Example for Free

The Hunger Game by Suzanne Collins Essay The novel The Hunger Games written by Suzanne Collins. This novel talks about 12 districts that are controlled by the Capitol and the Capitol created The Hunger Games to remind people of the districts about dark day. In the novel, the most prevalent tones are sadness and anger. The Capitol provides 12 districts a dark life, and it also sets a cruel game for the people. All the time, tributes are forced to do something that they do not want to do. Capitol provides 12 districts a dark life. First of all , there is not enough food to feed people, so they have to hunt in the woods, but this is not allowed for anyone. For example, â€Å"Most of the peacekeepers turn a blind eye to the few of us who hunt because they are as hungry for fresh meat as any body is.† ï ¼Ë†P5 Collinsï ¼â€°As the leader of 12 districts, of course the Capitol should provide them a good life, but in fact they are just thinking about themself and do not give their citizens enough food . To support citizens’ life ,these people aret forced to do some things that are not allowed. So people will be happy with a comfortable lifeï ¼Å'and If the life for them is struggleï ¼Å'then that would be very sad. Secondlyï ¼Å'there is a lot of cruel rules for people. For instanceï ¼Å'â€Å"My father could have made good money selling themï ¼Å'but if the officials found out he would have been publicly executed for inciting rebellion.†Ã¯ ¼Ë†P5 Collinsï ¼â€°People need weapons to protect themself in such a dangerous districts. However it is not allowed. the Capitol should not kill people who owns weaponsï ¼Å'because that person may have not done anything. So the rule that weapons are not allowed is so sad for the citizens of Panem. Finally, There is not enough electricity for people,â€Å" But since we are lucky to get two or there hours of electricity in the evening.†(P4-5 Collins) Electricity is very important for living, but the Capitol just gives a few hours of electricity to their citizens, this may bring about bad effect to people’s life. So a life without electricity would be very sad. In conclusion, the life that capitol gives to 12 districts is dark and sad. Th e Capitol created a cruel game to make tributes from 12 districts kill each other. First of all, The Hunger Games breaks many warm families. In detail, each year, there will be two young children chosen from  each district, and at the end, there will be just one tribute left, and other will have died. A child is very important to a family ,but in the game , they are just entertainment tools. At the end of the Games most families of these tributes will lose their child. So the game is so cruel to citizens. In addition, in this game, the tributes’ life are meaninglessï ¼Å'this game is just to make the people merry in the Capitol. As proof, people in the Capitol do not mind tributes die or not, they just enjoy this game , and the Capitol wants make more fun from this game. A life for person is priceless, but capitol just make tributes kill each other. In The Hunger Game ,these tributes are just tools that make the audience happyï ¼Å' so they are being ignored. This is so cruel to the people. Finally, in the Games,the gamemakers give the tributes hope that t wo tributes from the same district would both be the winner,but the Capitol destroyed it at the end. More exactly, â€Å"Under the new ruleï ¼Å'both form the same district will be declared winners if they are the last two alive , Greeting to the contestants of the Seventy-fourth Hunger Games. The earlier revision has been revoked. Closer examination of the rule book has disclosed that only one winner may be allowed.† (P342 Collins) Two people from same district might have mutual feelings with each otherï ¼Å'so the new rule for them is pretty goodï ¼Å'this is a good hope for themï ¼Å'and they can be a team,but at the end, the another new rule is asking two persons that have already formed an alliance kill each otherï ¼Å'that is so cruel for these two people. So what the gamemakers did would make tributes so angry. In conclusionï ¼Å'the rules that the Capitol gives to tributes are so cruel. All the timeï ¼Å'the tributes are forced to do something that they don’t want to do. First of all, Katniss was asked to fall in love with Peeta. In detail, Haymitch wants Katniss and Peeta to get more help from the audience, so he asked Katniss and Peeta to fall in love with each other. Katniss knows that other tributes will be her enemy in the game, include Peeta. So she tries to be far away from Peeta, bu t she just wants to get some help in the game, Haymitch asks her to fall in love with her enemy, and Katniss is so angry about this. Secondly, in the Games, Katniss wants to keep away from the other tributes, but to make more fun, the gamemakers make more danger to try to put all tributes together. For example, the gamemakers are afraid Katniss would not meet another tribute, so they don’t mind whether Katniss dies and they make a fire to change  Katniss’s direction. This game is making the tributes fight by their own and their fate is handed into their own hands, but the gamemakers interfere in the process of the Games. So the tributes are angry with what the gamemakers did . Finally, at the begin of game, what Katniss wants to do is get the weapon ,but she is asked to find water first before the Games started. â€Å"Just clear out ,put as much distance as you can between yourselves and the others, and find a source of water.†(P149 Collins) Katniss has her own thoughts, and she thinks she is good at hunting, so she needs a weapon, this is what she really wants to do at the beginning of the Games, but Haymitch asked her to do other things. This is not the way Katniss wants to do ,so Katniss is so angry about Haymitch’s advice. In conclusion, the tr ibutes always were asked to do what they don’t want to do, this is so sad and creates anger in them. In summery, the Capitol provides 12 districts a dark life ,also creates a cruel game for citizens . All the time , the tributes are forced to do some things that they do not want to do. So The Hunger Games make people of 12 districts and tributes sad and angry. Work Cited Collins, Suzanne. Hunger Games. New York: Scholastic, Inc., 2008. Print

Overview Of Mitsui OSK Lines Commerce Essay

Overview Of Mitsui OSK Lines Commerce Essay Introduction to Mitsui OSK lines Mitsui OSK lines (MOL) are a Japanese transport company which has wide range of business. OSK lines were a shipping company which was formed in 1884 and Mitsui was formed in 1942. During the major consolidation in Japanese shipping markets Mitsui OSK lines was formed in 1964, following the mergers of two companies OSK lines and Mitsui. (Mitsui OSK lines, 2010). After the formation in 1964 they launched specialised car carrier in 1965 and then full container ships in 1968. Later on they also entered the LNG market and also launched the double hull VLCC in 1995. As a strategy to expand their container services covering North America, Asia and Europe MOL joined a global merger know as The New world alliance (TNWA) with American president lines and Hyundai Merchant Marine. (Panama Canal authority, 2009). In one of the biggest mergers in Japan Mitsui OSK lines (2nd largest in Japan) merged with Navix lines (4th largest in Japan) in 1999. After the merger with Navix lines, MOL became one o f the biggest maritime carriers in the world (Japanese Times, 1998). The groups headquarters are in Tokyo, Japan. The company has in total 533 subsidiaries and affiliated companies in 66 countries with a consolidated work force of 39,864 employees (Annual report, 2009). Its main areas of operations are shipping and shipping related activities. Source: Mitsui OSK lines, 2010. As seen from the above chart MOL has a wide range of ships such as containers, pure car carriers, Bulk carriers, Tankers, LNG carriers, and others. MOLs core business segments are its bulk ships, container ships. (Mitsui OSK lines, 2010). In addition to ships they are in logistics services such as distribution and inventory control, air cargo transport, construction and engineering, real estate, trading and R D. (Mitsui OSK lines, 2010). MOL has 861 ships as of 31st March 2009 with a carrying capacity of 59,643 thousand tons. In terms of number of ships and deadweight MOL ranks the worlds largest shipping company in the world ahead of NYK and COSCO (Mitsui OSK lines, 2010). Source: Mitsui OSK lines, 2010. It has the largest Dry bulk fleet in the world with fleet size of 356 ships with a combined deadweight of 31026 million tons (Mitsui OSK lines, 2010). MOL is ranked first in terms of operation of LNG ships. Even after the financial crisis, the bunker prices at sky high rates and a strong yen in FY 2008 MOL posted their second highest annual income till date. This was more due to the strong performance in first half of 2008. Their revenue for FY 2008 was 18,994,218 thousand dollars with net income of 1292752 thousand dollars. Source: Mitsui OSK lines, 2010. Source: Mitsui OSK lines, 2010. Innovations and other activities In 2001 MOL launched its corporate principles to promote and protect our environment by maintaining strict, safe operation and navigation standards (Mitsui OSK lines, 2010, p.1). As per their principles they launched the 24hour manned (SOSC) Safety Operation Supporting Centre in the Head Office which monitors all MOL vessels position all around the world. MOL is also heavily involved in research and development. In December 2009 it displayed its concept of new generation vessels. The car carrier which is environment friendly they call it a HBRID car carrier, i.e. it uses renewable energy for ships electricity supply. The current president of MOL is Akimitsu says he want to create an excellent and resilient MOL group that contributes to sustainable worldwide growth (Ashida, 2009, p.1) HYBRID CAR CARRIER Source: Mitsui OSK lines, 2010. Theory of SWOT analysis W = WEAKNESS S = STRENGTH T = THREATS O = OPPORTUNITIY Source: Author generated The central purpose of SWOT analysis is to identify strategies that align, fit or match a companys resources and capabilities to the demands of the environment in which the company operates (Hill Jones, 2001). The true sense of SWOT analysis lies in its efficient use of rendering the company with its true picture of internal and external threats to the organisation. The predominant usage of SWOT is by bifurcating it into external and internal factors. Internal factor comprises of strengths and weakness of an organisation and the people who set the organisation standards. External factors are its opportunity and threats that are from its competitors and fellow companies. (Wang, 2008). True analysis helps the company set its agenda and helps excel to sustain in the competitive market. It is the model that helps it restructure the organisation to be able to sustain the competition. SWOT matrix can be used by managers to create various kinds of growth strategies. In the matrix there are four set of combinations which can be used. (Wang, 2008). SWOT MATRIX Opportunities EXTERNAL FACTORS WO SO ST WT Threats Strengths Weakness INTERNAL FACTORS SOURCE: Wang, 2008 SO: It is a combination of using strength of an organisation to grab the opportunities. ST: Using the strength of a company and company members to fight threats. Threats can be internal or external WO: This combination helps fight weakness to open up new opportunities. WT: Weakness and threats; these strategies are defensive in nature and helps to act in the positive direction to accomplish the set targets of the organisation. SWOT Analysis Strengths: Strong revenue growth: Its core shipping business is its bulk shipping. These are primary responsible for the growth of the company. It contributed to 86% of the revenue for the group. This increase in its major divisions will fuel the companys growth and will also help it in expanding its market share (Mitsui OSK lines, 2009). Diversified business portfolio: MOL has a diversified fleet ranging from ship operations to logistics. The logistics division of the fleet supports its shipping division. Due to its diversified fleet it can cope up with short term market fluctuations and also it can influence them. It also helps the group to enter into a market with wider customer base. (Mitsui OSK lines, 2009). Large fleet size: With respect to number of ships MOL has one of the largest fleet sizes. The group has the largest fleet of ships for Bulk and LNG. With this large fleet size it can service its customers better and also it improves the bargaining power in the market (Mitsui OSK lines, 2009). Weaknesses: Geographic concentration: MOLs main trade area is near the Japan coast and it is mainly catering to the Japanese market. For the FY 2007-2008 95% of its revenue was earned from the Japanese market. Over dependence on Japanese market makes its business risky as it is completely depend upon the economy of that country. It faces a competitive disadvantage over other companies due to its absence from the emerging markets in Asia. (Mitsui OSK lines, 2009). Economic downturn will affect the company as it is solely dependent upon Japanese markets. Slow growth and minimum profit margins in container market will affect the companys net income, due to the presence of container market drivers such as Maersk and MSC. High debt burden: MOL suffers from substantial Debt for the year ending 31st March 2009. As MOL has such a high debt it will affect on the groups capacity to obtain funds for future working capital, acquisitions etc. which will hamper the growth of the group (Mitsui OSK lines, 2009). Opportunities Growing volumes of container market: Due to globalisation container market will keep on growing at high rate. Hence they can enter into new trade routes in emerging markets such as Asia and Middle East (Mitsui OSK lines, 2009). Growing demand for natural gas transportation: The demand of natural gas will keep on increasing over the years as industrial, commercial and residential consumption will increase. MOL is already into natural gas transportation, they can benefit themselves with the growth in demand (Mitsui OSK lines, 2009). Well-timed fleet expansion: New regulations in Bulk shipping are coming, which are setting an upper limit on the age of the ships. MOL has got new fleet of carriers and also it can expand its current fleet and make the most of the situation. (Mitsui OSK lines, 2009). Threats Volatile oil prices: As MOL operates such a large fleet size fluctuation in the crude oil prices seriously affects the company. As the market is very competitive increased fuel prices burden cannot be passed on to the customer. This affects the companies operating expenses. (Mitsui OSK lines, 2009). Economic crisis is also a major concern due to major concentration of its trading in Japan. Competitive industry: There is a price war in between companies such as Maersk, NYK lines, MSC, Hanjin etc. Companies are coming up strategies such as low prices and faster delivery of goods. Hence the company has to make long term sustainability strategies which can help them stay in the market. (Mitsui OSK lines, 2009). MOL has a large fleet and in-spite of having policies, proper training and adequate precautions accidents are bound to happen. Oil spill accident can affect the companys image and can wipe out its business (Mitsui OSK lines, 2010). Global strategy Global strategy is a strategy which focuses on the world market and considers it to be a single market. This strategy is mainly adopted by companies which can compete on a global basis and their products are mainly standardized and offer services on a worldwide basis (Laudon Laudon, 2007). Global strategy is adopted mainly because of globalisation and liberalisation of trade all over the world. Some of the key drivers of globalisation are: There is a significant amount of reduction of barriers for trade in-between countries. The markets are liberalised and adoption of free market strategy. Industrialisation in developing nations such as India, China. Integration of world markets and cross border transactions have resulted in easy flow of capital. Technological advances are facilitating cross border trade and investments. The key participants in the global business are multinational enterprise (MNEs). MNE is a large company which have offices and subsidiary companies all over the world. Normally MNEs have inter-dependent members located all over the world, and all members work for a single system. MNEs normally carry out RD, manufacturing, procurement and marketing activities in whichever part of the world is economical for their business. Development of Information technology is giving the firms more flexibility to plan their global strategy. (Laudon and Laudon, 2007). Implementation of global strategy in a MNE is not easy at it seems. There is diversity in behaviour of people within countries. Companies when implementing their global strategies have to modify their strategies depending upon the regional markets. (Baird, 2003) Companies should also take into consideration regional differences, different life styles of people, cultures, and values. (Baird, 2003) In under-developed countries there may be other factors such as relation with government officials, language barriers lack of well trained people (Quickmba, 2007). Shipping by its nature is a globalised industry. Most of the large shipping companies operate on a global scale, and the above theory of global strategy fits perfectly for shipping lines. In terms of shipping global strategy means development of business through growth, acquisitions, alliances, creation of new capacity or a mix of all these things (Baird, 2003). The benefits to ship owners from a global strategy should be low cost and high efficiency. To gain the benefits of this strategy the key is to have a central decision making process which can handle such complex organisations (Baird, 2003). To gain competitive and comparative advantage over its rivals buying large vessels in the fleet such as containers or cape size bulk carriers is important. Mergers and alliance with companies is also a good option to increase the size of fleet and to share the risk (Baird, 2003). In container customer satisfaction is an important part of the business. (Baird, 2003) Hence companies tend to add value to their value chain by use of technology such as giving door-to-door service or by giving them faster service. MOL global strategy MOL is a shipping and transport company trading its ships all over the world. MOL has different types of ships and has offices and subsidiaries all over the world. MOL can be termed as a multinational enterprise. MOL launched its Mid-term management plan in 2007 known as MOL ADVANCE Action and Direction at the vanguard of creating excellence (Mitsui OSK lines, 2010).Their main theme is growth with enhance quality- Becoming the biggest and the best (Mitsui OSK lines, 2010,p.1). There are five overall strategies in the plan. One of the strategies in the plan is global strategy Their global strategy is to accelerate globalisation and enhance sales capabilities in emerging markets Develop business on a global scale to meet diversification of trade. To expand the business in emerging markets such as India, Middle east, Russia and Vietnam. To ensure that the fleet expansion is exceeding the growth of sea-borne trade. (Mitsui OSK lines, 2007, p.2). MOL in line with their global strategy has overcome their weakness by entering emerging markets in Asia and also has used their opportunities by investing in many projects such as the LNG market. Below are the detailed points mentioned how MOL has used their strengths, have tried to overcome their weakness, taken their opportunities and minimised threats. MOL expanded their fleet of ships from 2007 to 2009 by adding 196 ships, out of which 22 were container and 172 were bulkships. MOL is targeting the China markets which are importing iron ore from Brazil, Australia and India. Hence they are increasing their cape size bulk carrier fleet. With cape size ships such as Brasil Maru which are largest in the world, they get a competitive advantage in the cape size market. MOL will be building 53 iron ore carriers in future out of which 14 ships will be above 200 000 mt. (Nakanishi, 2008) MOL is also targeting the growth in the domestic coast trade in China and India which is expected to grow by 15% volume. (Open sea 2007) About 50% of small handy max and 20% of handy max fleet all over the world are 20 years and over. With strict regulations in force for old ships, joining of new ships in their fleet will add value to their fleet (Open sea 2007).This well timed expansion of new fleet will help the company to expand more in the bulk carrier market in the developing countries. Source: (Mitsui OSK lines, 2009). MOL will also launch their new class bulk carrier called Handy-Cape type which will be as per the specifications of the new widened Panama Canal. This will give them the versatility to serve ports all over the world (Mitsui OSK lines, 2010). In the container market they are expecting a steady rise in future, in-spite of the worse current market conditions. As a long term strategy they are ordering new container vessels as trade is going to increase because of globalisation and increase in population (Mitsui OSK lines, 2007). In order to increase its bulk fleet they are planning to take over few of the bulk shipping lines which went into bankruptcy because of recession. MOL recons that in-spite of having a high debt ratio funding will not be a problem due to its past record. MOL was one of the few companies which avoided the recession and posted profits in the FY ending 31st March 2009 (Seatrade Asia, 2009). To target the growing container market in India, MOL has just opened 6 new offices in India which will serve the container and car carrier business in India. These offices can respond faster to the needs of the customer and also provide them high service quality (Open Sea, 2007 Mitsui OSK lines, 2007). Global demand for LNG is going to increase many folds in the coming years. LNG will be used as alternative source of fuel as it emits less carbon dioxide than heavy oils. On basis of this future market MOL has grabbed the opportunity and placed order for 6 LNG carriers with an investment of 150 billion yen. (iStockAnalyst, 2010). MOL has launched its new LNG carriers which have a re-gasification system fitted on board. This system will give an advantage over conventional LNG ships as these ships can discharge cargo at off shore terminals. Hence when these ships will join the MOL fleet they will give a competitive advantage over other companies is terms of safety. (Mitsui OSK lines, 2010) MOL car carrier division is suffered losses because of the global recession. Hence in order to sustain in the market, MOL initiated downsizing plan, in which they scrapped 21 ships, sold 4 ships and sent 11 ships in cold layup. While they are scrapping ships they have launched a concept car carrier Hybrid carrier which uses renewable energy. (Mitsui OSK lines, 2010). As a strategy to boost up the market for car carriers MOL are going to transport machinery by dismantling them, and loading onto car carriers using Mafi-load trailers. Hence they are targeting heavy lift market by using car carriers and becoming Niche player. (Mitsui OSK lines, 2010) MOL will restructure its ship management companies so that they can meet the need of expanding fleet and global network. Six ship management companies will be restructured and they will be given individual responsibility as per the type of ship. The headquarters will stay in Tokyo. (MOL Inc, 2010). Source: (MOL Inc, 2010). Conclusion MOL launched its ADVANCE mid-term management strategy which covers the entire operations of MOL. Its global strategy for the next 5 years was to overcome its weakness and to make use of the new opportunities in the emerging markets. MOL has managed to sustain and make profits in the FY 2008 in-spite of economic downturn. This is mainly because of its diversified fleet and its core business which are its bulkships. It has success fully used its strengths to sustain in recession time. Its bulkships revenue has compensated for the loss making container and the car carrier divisions. To keep a strong hold on its bulkships, MOL is continuously striving hard by buying large new ships and phasing out the old ones. MOLs core business is secured and profit making, hence they can venture into other markets and overcome its weakness. MOL main weakness is its over reliance on the Japanese markets. It has overcome the weakness by marking its presence in the emerging markets in India and China. MOL is also increasing its LNG fleet to cope up with the rapid expanding LNG market and now it is the market leader in LNG transportation. MOL is also in the process of restructuring its ship-management offices, so as to keep up with the demands of growing company. With innovative designs for its car carriers and targeting heavy machinery market MOL is trying to gain a competitive advantage.

Sunday, July 21, 2019

Causes Of Deterioration In Building And Their Services Construction Essay

Causes Of Deterioration In Building And Their Services Construction Essay The main purpose of this report is to discuss causes of the building deterioration, effective maintenance program for buildings and with building repair in an attempt to overcome such common building problems. In addition, it also highlights cyclical, planned and reactive maintenance programs and principles of repair. Then we have discussed about how the design, construction and maintenance affect to the buildings dilapidation. 2.0 causes of deterioration in building and their services Substructure and superstructure is the main part of any kind of building (low rise, mid rise and high rise buildings). When we talk about the superstructure, many services include in there. Such as electricity, telecommunication system, water supply system and etc. also superstructure is give the beauty of the building and substructure gives the strength to the building. Now we check how the maintenance programs connect for above things. All the materials are we used for the construction decay with the time being. So, if we do not consider about or not pay attention for those materials, our building may be decay faster. That is why need for the maintenance program for every and each building. This maintenance system is very essential for the building. If we do not care maintenance for any building, that particular building not is safe for the people who live or work in there and people not feel willing to be there. Also that buildings life duration may decrease. So there have many deterioration factors. Therefore we must careful about the maintenance of the building. Appraisals can assess various properties of buildings and elements, the two most related ones being strength and durability. Strength reflects the ability of a structure to carry present and future loads, while durability refers to a duration over which the structure will be serviceable. This deterioration effect for the building structure and for the building services. Building structure mean walls, floors, roof and etc. then services mean electricity, water supply and etc. now let we discuss what are the deterioration factors and how they effect for the building and their services. Faulty of construction directly affect to the deterioration. During the any construction, there have many things to do. Such as dig the trenches, make the foundation, put the concrete, frame work, masonry work and etc. so those al the works should be do according to particular specification and drawings that create from architectures and engineers. This specification and drawings shows the clear, protective and efficient path for the building. If supervisors not using this specification correctly, the whole construction going wrong. So that will cause for the deterioration of that building. As s example, let us assume the specification says the trenches must be 2m depth. But workers may dig only 1.6m. So that is an error. That error will cause for deterioration of that building. It means, after some time left that foundation may be corrupted. In that case, lack of supervision also affects. If supervisors do not supervise workers well, workers will do the works according to their will ingness. So it means, supervision also should be having standard level. This supervision and using specifications factors also affect to the building services. If the electrical supervisor work without the specification and drawings that may be very dangerous. So that is the building service deterioration. This same to the other services also. Such as water supply, telecommunication system and etc. But sometimes, some are failure to understand or follow the specification and drawings for their duties. This factor also affects to increase the building and building services deterioration. The lack of skill labor will also cause for this matter. In this case, there may have good supervision, accurate using of specification and drawings. But without the skill labors, which works (concrete works, electrical, water supply etc) are cannot do correctly. Therefore that will cause to the deterioration of building and their services. Faulty of the materials will affect to building and building services deterioration. Construction materials and services are the two categories of materials. Cement, sand, aggregate and etc are the construction materials and electrical wires, pipes, lights, switches, air conditions, showers, taps and etc are the building services materials. Actually, materials will directly affecting to the building deterioration. If construction materials (cement, aggregate and etc.) are not in slandered level, we cannot expect the maximum lifetime of the particular building. Also, if we using not suitable building services materials (taps, lights and etc.), we could not get the good services from that building. Sometimes, client may not have small amount enough money for his project. At that time he rejects some specific sub standard materials and then he reapply some low quality materials for that particular instead material. That will be one situation we use low quality materials for the construction. Contractor also do this because for his advantage. It means, standard materials are cost than the low quality materials. Therefore contractor may use those low quality materials. Inadequate supervision also affect to this problem. Because of, sometimes supplier will decrease the quality of the materials. As an example, supplier will supply low quality sand for the project. So that will affect mainly for the plastering deterioration. Sometimes supervisor also does not care about what we receiving from the supplier. As an example, if supplier bring the bricks for the site. That bricks may be not in a standard level. So, if supervisor is not check those bricks that also are the building deterioration. Lack of Storage facility also affect to the faulty of materials. In this case, supplier supplies the good materials. But site may not have well storage to store the materials. As an example, if there have taps, air conditional units and etc things and there have not good storage facility, those materials will damage or materials quality will decrease. According to above factors and examples, we know faulty of materials will affect directly to the building and building services also. Moisture is the most common cause for building deterioration. Moisture is more effect to the building. Not for the building services. Moisture is required for all such actions. Therefore, keeping building materials in a dry state will greatly reduce the rate of deterioration. Because of the moisture is help to some harmful growth. if plants are allowed to take root in buildings, they can cause severe cracks, not only in masonry, but also in concrete. Therefore plaster will try to crack. Also Conditions under which wetting and drying take place are the worst for the durability of building materials. Chemicals cause for the building deterioration. In this section only the common chemical types will be discussed. Atmospheric carbon dioxide reduces the alkalinity of concrete and will lead to depassivation of steel reinforcement. Chlorides will also lead to such reduction in alkalinity, and also promote electrolytic corrosion processes in both reinforced concrete and steel.Sulphates can attack the concrete itself, causing cracking and weakening in foundations.sulphates and chlorides can also get into concrete through polluted mixing water. Also, some chemicals must not use for the building repairs and things. Such as caustic soda should not be used because they contain soluble salts which likely can cause serious damage to walls, particularly of stone. Structural form also one of the main factor among the building deterioration. Nature of response of the structure will depend on the form of loading, direction of the force. In the traditional form of construction, due to limitations of the strength of constructional materials, the spans of narrow spaces which resulted in a well tied structure. Hence, deterioration due to form of the structure was low. The structure would hold large amount of weight without losing the structural stability. In comparison, the modern structures where large modules of construction begin. So range of physical movements increases rapidly. The numbers of joints are now less with large spans of construction. Flexibility of traditional structure has been replaced with hardly. The form of structural design should have a connection with the working patience and quality of construction force. For example, use of trusses to get free space on the ground that these trusses are exactly plumb and in a straight line. The stability of all joints depends on the truss plumb and in a line. With the movement towards slim and tall structural elements there is a corresponding increase in slenderness percentage. The modern design criteria for brick work for load bearing walls has been developed around concepts of required thickness in relation to height and length. However, the quality of plumbness and quality of joints in the brickwork is expected to be excellent which unfortunately it is not. Above factors causes to create stress and then that stress will distribute stresses cracking. Therefore structures lifetime may decrease. Then we have to repair those cracking. So, that will be additional problems in maintenance. Affect of the atmospheric for the building deterioration is various for the country to country, provision to provision and area to area. Wind, rain, sun and etc are some atmospheric elements in this world. Therefore, we have to make decision about suitable substructure and what materials use for that and what kind of materials use for the superstructure according to the atmospheric elements of the site area. Because various materials reaction to the atmospheric elements from different ways. As an example, steel is expanding with the heat. So, when we use steel structure for any particular building, we have to consider about that factor. If we did not consider it that will be cause to the obstacle during and after the construction. Also it will disturb to the maintenance of that building. It means, the maintenance cost may go increase. Mostly the superstructure is uncovered for the external environment. Walls and roof is the main part of the superstructure. So, superstructure will face to the all atmospheric elements. Therefore there have enough probability to decay the walls, roof, doors and windows. Among the superstructure factors, the most sensitive factor is external fabrics and finishes. Because external fabrics and finishes will reaction highly with atmospheric elements. As a result of that, fabrics and finishes may be chip with the time. So it is the one kind of building deterioration. Also, the external fabrics and finishes are showing the beauty of every building. So, there must have good maintenance program for the superstructure to control the deterioration of the atmospheric elements. Heat will help accelerate all deterioration processes. In addition, heat can cause expansion and subsequent compression when the heat source is lacking. Such thermal movements can weaken materials with low flexible strengths such as masonry, and cause cracking. Heat can also weaken some waterproofing materials, and cause them to lose their flexibility or even to crack. It will increase with especially in combination with direct solar radiation. Cleaning also directly affect to the building and building services deterioration. This cleaning system should be doing in a proper way. Otherwise that may cause to increase the deterioration of the building and building services. When we live or work inside the any building, there should have well environmental. So there must have good cleaning system. Therefore, routine cleaning operation must be a good level. But all the cleaning systems are not routine. Sweep, mop and etc are some of the routine cleaning things. If the routine cleaning operation not going a proper way, the building may unclean quickly. Mostly floors and walls may face to that. Cleaners may not have good idea or pre experience about the cleaning and cleaning materials and techniques. So they will use incorrect cleaning materials and or techniques. As an example, if any cleaner do not know the technique to clean the air condition unit or clean the escalators correctly and but he try to do that duty that air condition unit may break and escalator may be damage. So that will affect to the building services deterioration. Also if we not using the specialist man to clean the water supply system in building, that also harmful for the water supply service of building. Also, if there have not cleaver supervision for the cleaning system, that also will case for the building and building services deterioration. Because, cleaners not doing always their cleaning duty accuracy. Therefore, always requires the well supervision for control the cleaners and the cleaning system effectively. Then we can decrease the building and building services from the deterioration. 2.1 need of planned, cyclical and reactive maintenance program for buildings Cyclical Maintenance of the building is very important thing to protect the building from various deterioration factors. Therefore the cyclical maintenance program plays a major role for reduce building deterioration. Some buildings that do not care building maintenance may fall into several defects which may lead to structural failures. Any inspections carried out by either architects or surveyors should include checking for any signs of abnormal deterioration, cleaning out gutters of leaves or harmful growth, checking lighting conductors, cleaning out all voids and spaces and changing tap washers. To secure the general structural stability and life of a building, it is important to regularly inspect not only the main structural elements including foundations, walls and roofs. Depending on the nature work of maintenance and repairs, the program of cyclical maintenance may be divided into two main categories. Those are day today maintenance and maintenance involving builders works. The day today maintenance includes work which can be dealt by building owner without the need to employ outside labor. This consists of cleaning leaves from gutters, down pipes and drainage channels, removing plant growth from walls and checking ventilation. In addition, fire detection systems should also be checked as well as windows, doors and electrical system. It is advisable to ask cleaners to report any defects they note such as broken windows, leaks in roof, falling pieces of masonry and lime dust from spall of plaster. The second category, which is maintenance involving builders works, is best carried out on an annual basis by a builder who has knowledge of and sympathy towards the construction of buildings. Such works include replacing loose or broken roof tiles, gutters, down pipes and inspection of soil drainage systems. Also, testing all fire extinguishers, cleaning out ducts and air conditioning units, servicing lift and decorating and cleaning sections of the building interior are all needed in the building maintenance. cyclical maintenance starting with daily routines and working up which involves periodic programs of daily, weekly, monthly, semiannual, annual test and every five year routines. For the every five year routines, it is the responsibility of architect or surveyor to checking any structural defects. The long term maintenance plan should be revised and updated after each checking. Any attention to the building defects should also be studied for the next report presented. Some of the tasks that the architect or the surveyor should look in the checking are cleaning out all void and spaces, checking lighting, inspecting and testing electric installation, checking any sign of abnormal deterioration and cleaning out gutters of leaves and plants. Planned maintenance gives the owners and the property managers more time to prepare for the works and, more importantly, to secure the necessary funding. It usually starts out by a thorough condition survey to assess the current situations, identify the full extent of works required and lay down the level of expectation. Considerations include execution programs, standard of performance and reliability, as well as maintenance budget and life cycles of certain elements and facilities. Daily maintenance of essential features such as cleaning of surface water channels to avoid blockage of drains, servicing of small factors of equipment or easily wearable items such as childrens play furniture are essential to ensure safe and smooth operation. A detailed plan for maintenance to be carried out everyday should be drawn up as per the equipment suppliers recommendations, needs and expectations of the owners. Regular maintenance is the best way to ensure the continued protection and future use of a building. Such work is part of the day today responsibility of all owner occupiers. Maintenance is most effective when carried out regularly, on a planned cycle. Not only should planned maintenance extend the life and preserve the appearance of your building and designed landscape, but it is most beneficial in protection terms because less historic fabric is lost in regular, minimal and small scale work than in disruptive and extensive repairs. Good maintenance needs the regular investment of small amounts of time and money, but the cost of preparing and carrying out a planned maintenance program should be far less than the costs resulting from a series of unplanned major repairs, and it will help you to plan your future financial commitments needs. In such a case, a report containing information of updated maintenance and repair work, photos, drawings and recommendations should be prepared by a qualified expert. This is to certify that the report will be a valuable source of reference for those responsible for a building now and in the future. However, to secure the general structural stability and life of a building, it is important to regularly inspect not only the main structural elements including foundations, walls and roofs. Proper planned, design and reactive methods and techniques of building repairs and good maintenance programs are equally important. It is a duty of owners, architects, local authorities and the public to see that an historic building is handed on to the next generation in good condition. 2.2 relationships between design, construction, maintenance and the causes of dilapidation There have many reasons for the building dilapidation. In first chapter, we have discussed about the building and building services deterioration factors. After that, we talk about the need of the planned, cyclical and reactive maintenance program for building through the second chapter. Now we are going to discuss about the relationship between design, construction, maintenance and the dilapidation of building. 2.2.1 Design Before begin the any kind of construction, there should be a detailed design, drawings and specifications. Otherwise, we cannot start the construction. Because we do not know how the building looks like, what the shape of the building, what are the features and etc. therefore there must is a design for any building. This design will show the buildings substructure up to superstructure. It means, design will show the buildings foundation up to roof. So this design is very important to the every building. Also, this design may cause to the building dilapidation. So, designers have to prepare the design very carefully. Therefore building design directly affect to the building maintenance cost. Now a day we have seen fancy buildings in every country than the old rectangular shape buildings. In present, everyone likes to fancy and beautiful buildings. When we construct those fancy buildings, there must have good designed foundation, colorful claddings, roof and etc. but that foundation may not suitable for hold the load of the building. That will help to the building dilapidation. Also there must be beautiful interior decorations and things for inside the building. So, when we use fancy design things to our building, we should have planned, cyclical and reactive maintenance program for those things. As an example, if any building uses glasses instead for the building cladding, owner has to maintain that at right time period. Otherwise, if owner does not consider about the maintenance of glass, that glasses will face to the dilapidation before the maximum usage of that glasses. Therefore owner has to hold big cost for the maintenance. But if he uses another material for cladding, no need to spent big cost for the maintenance. According to the above factors, we can understand the designing is cause for the building dilapidation. 2.2.2 Construction Among this section, we try to discuss about the relationship between construction and dilapidation. Mainly construction will cause to the building dilapidation than the design. When we construct any building, we have to use design, drawings and specifications. In that case, if contractor not use those documents properly for the construction, that construction may not be successful. Also it is not a safe place to live or working. As an example, if specification says the foundation depth should be 10m. But contractor may not consider following that and if he put the foundation 8m depth, that building will dilapidation quickly. Because that foundation cannot bear the live load of the entire building. So, foundation may crack after several years. So, we cannot expect the maximum lifetime the building according to the specification. The result of the not following specifications properly during the construction may affect to dilapidation. During the construction going on, there have large probability to happen the mistakes from workers. So, those mistakes will be the reason for the buildings dilapidation. As an example, if labors not laying properly the steel bar for the slab, that slab may not be able to well accuracy. Also if reinforcement columns are not dead vertically, that building structure will be going wrong. Therefore, this is another way to happen building dilapidation. Maintenance also the one factor for building dilapidation. Dilapidation and deterioration depend on the maintenance program. Therefore we have not any particular point to talk about the reasons of dilapidation by the poor maintenance. So, we had discusses about this topic from between above chapters. 3.0 Conclusions Identifying common building problems and understanding of building materials explained in this report is considered as part of the process of protect and managing historic buildings. Most buildings today are constructed of reinforced concrete. Although this material requires the low maintenance of all common building materials to get the maximum duration its useful life beyond its estimated design life of 60 years is the most difficult. Between the various causes for deterioration in buildings, moisture is the most common and harmful reason. So, keeping the building dry. Then we can get the maximum life time of that building. Building repair and maintenance require sufficient supervision of an experienced person to ensure that the work is carried out to a satisfactory. All repair and maintenance should be recorded, photographed and documented for future building maintenance.

Saturday, July 20, 2019

Sir Gawain and the Green Knight :: Essays Papers

Sir Gawain and the Green Knight Written in the late fourteenth century by an anonymous author, Sir Gawain and the Green Knight is a story about a Christian warrior society. Sir Gawain, nephew to King Arthur, epitomizes the definition of a true noble knight. Sir Gawain is not only brave, but he is also loyal, courteous, and a true believer in God. The story begins with the game of the Green Knight, a game of exchanging hits with an axe (290-300). However, this story is more than an adventure tale; it is also a lesson on the long-term benefits of religious adherence over the short-term benefits of personal pleasure. At Bercilak's castle, Sir Gawain faces his most powerful enemy, himself. In the attempt to maintain his ideals of courtesy and nobility, Gawain causes his own religious downfall. As soon as Gawain enters Bercilak's castle, he is already slowly stripping off his religious protection and armor. Bercilak's servants take off his armor, which symbolically identifies him, and Gawain is dressed in "robes richly wrought" (859-861). He is without his shield, which is not only a protection from enemies, but from the evil spirits (641-650). It is in this clothing that Gawain faces his next tests. During the next three mornings, the Lady, Bercilak's wife, tries to seduce Gawain in his bedroom. Each of the three tests is parallel to the three hunting games of Bercilak. Gawain may not have sexual relations with the Lady, but during the tests, his spirituality declines and so does his morality: the Lady is able to receive one more kiss from Gawain each successive day; Gawain takes the green girdle; and he lies to Bercilak. On the first two mornings, Gawain is extremely surprised and shocked to find the Lady in his bedroom. In fact on the first morning he pretends to be asleep when the Lady comes into the room (1190). Gawain is very courteous in his responses to the Lady's words and actions, by constantly putting himself down and praising Bercilak. Both times, the Lady leaves, successfully getting a kiss the first morning and two kisses the second morning from Gawain. When Bercilak returns from his hunting, to keep his word, he gives Gawain the animals, the deer on the first day and the boar on the second day. Gawain, in return, gives Bercilak what he has received that day while in the castle, first a kiss, then two kisses.

Friday, July 19, 2019

Zora Neale Hurston Essay -- Zora Neale Hurston

On January 7, 1891, Zora Neale Hurston was born in the tiny town of Notasulga, Alabama. She was the fifth of eight children in the Hurston household. Her father John was a carpenter, sharecropper, and a Baptist preacher; and her mother Lucy, a former schoolteacher. Within a year of Zora's birth, the family moved to Eatonville, Florida; a town, which held historical significance as the first, incorporated Black municipality in the United States. In 1904, thirteen-year-old Zora was devastated by the death of her mother. Later that same year, her unaffectionate father removed her from school and sent her to care for her brother's children. A rambunctious and restless teenager, Zora was eager to leave the responsibility of that household. She became a member of a traveling theater at the age of sixteen, and subsequently began domestic work for a white household. It was in this home that Hurston's intellectual spark was discovered. The woman for whom Zora worked, bought Zora her first book and arranged for her to attend high school at Morgan Academy (now known as Morgan State University) in Baltimore from which she graduated in June of 1918. The following summer, Zora held jobs as a waitress and a manicurist. She then enrolled in Howard Prep School, followed by a distracted jaunt at Howard University. Although she spent nearly four years at the esteemed institution, she graduated with only a two-year Associates degree. It was during this time at Howard, that Hurston published...

An Analysis of Love in Shakespeares A Midsummer Nights Dream Essay

A Midsummer Night's Dream is one of Shakespeare's most widely read comedies about love. This seems somewhat strange, however, in light of the fact that so few of its characters seem to display any kind of full or true love. A close examination of the actions and words of each of the players will reveal that only one of them, by the end of Act V, should be considered a "lover". For the purposes of this inquiry, we are defining "love" as "that which steadily desires and works to attain the benefit of another." I think this definition becomes very important when we study the uses and effects of the dew of the pansy (first mentioned in 2.1.166ff.) on the various characters on whom its charm is worked, and by extension, on those with whom they interact. The dew is employed by Shakespeare as a device to demonstrate how fluid a thing "love" is, and how easily the affections of the so-called lover can be swayed. But the dew's power is not all-conquering. It is said to "make man or woman madly dote / upon the next live creature that it sees" (2.1.171-172), and to induce "hateful fantasies" (2.1.258), but it is not irresistible, nor is it ever said to repress any feelings of love a person might have had prior to falling under its charm. Thus I believe that from our definition of love we can reason that what the dew affects and causes is not, in fact, love at all. Rather, it is fancy, another emotion of which Shakespeare makes considerable use. If a person steadily desired and worked to attain the benefit of another, the charm of the dew would not change that. It would merely fill his or her head with "hateful fantasies" about the new object of affection -- and not desires for its benefit. In any event, certainly someone genuinely in... ... of my examination of love in A Midsummer Night's Dream, to arrive at the conclusion that none of its players exhibited any love at all, and Shakespeare's point was to prove that love is unreal; a fabrication of human imagination. I was excited to discover, however, that in the midst of the ugly scene he set up to emphasize this argument most strongly, he left a single bastion of true, honest, unadulterated (for Hermia is never charmed by the pansy's dew) love. To me, Hermia is an example of what humanity could be, and how it could love, were it to forget some of the smaller matters in which it so often becomes willingly entangled. Works Cited Shakespeare, William. The Riverside Shakespeare. Houghton Mifflin Company. Boston. New York. 1997. Rhoades, Duane. Shakespeare's Defense of Love: "A Midsummer Night's Dream". Westport, CT: Greenwood Press,1986.

Thursday, July 18, 2019

Nanjing Massacre

Genocide Research Project Questions and Instructions Research Reminders * Each student must answer all questions. * Record references for all information used to answer the questions. (copy and paste to a word document or save to your H: drive or print a copy) * Only research will be conducted today. You will not work on your presentation until all research is completed. * You must get information from 9 sources, most from Galileo. * In Galileo, select History References and Full Text. Enter your country and genocide as search terms. You will have to READ the articles to find information. Write the answers, cut and paste, or type into your word document with a reference to the source. * Use the citation option to get the APA citation for the source. Copy and paste into your word document. All questions must be answered with correct source citations by the end of class. This assignment will count as a quiz grade. You can access the word document on Edmodo or Ms. Youse’s webpage . Open it and save it to your H: drive before you begin your research. Name _______________ Date ___________ Period______ Country___________Research Questions, Answers, and Sources 1. What historical, cultural, social events led to this particular case of genocide? In December 1937, the then-Chinese capital of Nanjing fell to the Imperial Japanese Army (IJA). China, under the control of the Nationalist government (the KMT), had been engaged in full-scale conflict with Japan since July of that year in what is known as the Second Sino-Japanese War (1937–1945). During 1937, Japanese forces captured several major Chinese cities, including Shanghai, whose taking enabled the invading army to advance on the capital.By the time the IJA entered an already-bombarded Nanjing on December 13, the KMT had withdrawn its army, leaving the city officially defenceless. Source: Kinney, D. (2012). Rediscovering a massacre: The filmic legacy of Iris Chang's The Rape of Nanking. Continuum: Journal Of Media ; Cultural Studies, 26(1), 11-23. doi:10. 1080/10304312. 2012. 630136 2. Where did this genocide occur? Identify a specific place and its relative location on the planet. Nanjing (nan? jing? ) or Nanking (nan? king? ) [southern capital], city (1994 est. pop. 2,224,200), capital of Jiangsu prov. E central China, in a bend of the Chang (Yangtze) River. It has served at times in the past as capital of China. The second largest city in the region (after Shanghai), Source: Nanjing. (2013). Columbia Electronic Encyclopedia, 6th Edition, 1. 3. When did this case of genocide occur? How long did it last? The events that ensued over six weeks – including mass rape and killing of both civilians and disarmed military personnel – are known collectively as the Nanjing Massacre. Its death toll remains hotly disputed particularly among Japanese historians, though the official Chinese estimate is 300,000.Source: Kinney, D. (2012). Rediscovering a massacre: The filmic legacy o f Iris Chang's The Rape of Nanking. Continuum: Journal Of Media & Cultural Studies, 26(1), 11-23. doi:10. 1080/10304312. 2012. 630136 4. What are/were the targeted races, ethnicities, tribes, or religions? On December 13, 1937, the invading Japanese army captured Nanking and ruthlessly butchered Chinese disarmed soldiers and civilians, madly looted Chinese properties, and indulgently torched down private and public buildings. However, the most heinous of all was their shameless, cruel rape of Chinese women.An eyewitness, H. J. Timperley, a reporter of the â€Å"Manchester Guardian,† said in his book that the desecrated Nanking was â€Å"an earthly hell. † Source: Hu, H. W. (1992). Don't forget the Chinese Women under the Rape of Nanking. Chinese American Forum, 7(4), 20-23 5. Provide relevant background information about the region and the conflict. Nanjing is at the intersection of three major railroad lines. Industry, which once centered around nankeen cloth (unbleac hed cotton goods), was vigorously developed under the Communist government.The city now has an integrated iron-steel complex, an oil refinery, food-processing establishments, and hundreds of plants making chemicals, textiles, cement, fertilizers, machinery, weapons, electronic equipment, optical instruments, photographic equipment, and trucks. Nanjing has long been celebrated as a literary and political center. It was the capital of China from the 3d to 6th cent. A. D. and again from 1368 to 1421. The Treaty of Nanjing, signed in 1842 at the end of the Opium War, opened China to foreign trade. During the Taiping Rebellion insurgents held the city from 1853 to 1864.It was captured by the revolutionists in 1911, and in 1912 it became the capital of China's first president, Sun Yat-sen. When in 1927 the city fell to the Communists, the foreign residents fled to the protection of British and American warships on the Chang River. The Kuomintang under Chiang Kai-shek retook the city, and it became (1928) the regular Nationalist capital. In 1932, when the Japanese were threatening to attack the city, the government was temporarily removed to Luoyang, and on Nov. 21, 1937, just before Nanjing fell to the Japanese, it was moved to Chongqing.The Japanese entry into the city, accompanied by widespread killing and brutality, became known as the rape of Nanking. Source: Nanjing. (2013). Reloaded Content, 1. 6. Name all of the groups involved in the conflict. Describe each group. Source: 7. What were the major and the underlying causes of the genocide? What do the perpetrators of the genocide hope to accomplish? Source: 8. Was there an event that â€Å"sparked† the killings? (for example, the President’s plane crash in Rwanda) If so, what was the inciting incident? Source: 9. What occurred during the genocide? A.Who was targeted and why? B. Who did the killing? C. What methods were used? D. How long did it last? E. How many people were killed? Source: 10. How did the genocide end? Source: 11. Was there any involvement from the international community (individual countries or the United Nations)? If so, what? If not, why? Source: 12. What were/are the lasting effects of the genocide? Some questions to consider are? A. What was the country/region like directly after the genocide? B. What is the country/region like today? C. Are there still tensions between the groups involved? Source: