International Business Country Analysis China Essay Example

Worldwide Business Country Analysis: China Essay At 9.6 million square kilometers, China is perhaps the greatest nation on the planet. It contains the universes greatest city, Shanghai, and is administered from the capital of Beijing in the east. China has been the universes most crowded nation for a considerable length of time and it makes up one-fifth of the universes all out populace. Over 1.3 billion individuals live in China, which makes each five individuals on the planet Chinese. China is the location of the most exceptional monetary, social and political change within recent memory. Nonetheless, it is a country that keeps on battling with its gigantic populace, a stressed situation, and an inconsistent dissemination of riches and opportunity. This paper will cover inside and out territories that clarifies the explanations behind Chinas low richness rate and how this guarantees quick populace maturing in this century, how open markets and exchange have extend pay and wellbeing holes, and how strategy changes and financial de velopment have prodded work movement in China and how its pulled on the planets consideration. Foundation and Cultural Environment In spite of the fact that there is a misguided judgment that China and its 1.3 billion individuals have a typical culture, China is one of the most assorted nations on the planet. Chinas rich social condition is significant for outside organizations to comprehend and consider to guarantee productive business in China. In China and numerous different nations, culture assumes an enormous job in how business is done with local or remote organizations. Regardless of whether it is the numerous vernaculars that the Chinese individuals talk or the correct manners to use with Chinese specialists and ladies, remote organizations are tested to quickly acclimatize as their very own Chinese organization. We will compose a custom exposition test on International Business Country Analysis: China explicitly for you for just $16.38 $13.9/page Request now We will compose a custom article test on International Business Country Analysis: China explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom article test on International Business Country Analysis: China explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer By a long shot the biggest social snag for remote organizations to leap is the Chinese language and its numerous lingos. The Chinese individuals talk seven unique lingos across twenty-three regions, five self-sufficient districts, and four regions. Mandarin is the prevalent tongue of the Chinese individuals and is spoken by more than 70% of the populace. Mandarin itself has eight unique vernaculars of its own, spread over the areas of China. It is no big surprise why numerous organizations make progress toward workers conversant in Chinese vernacular, particularly Mandarin. China is additionally exceptionally wealthy in nationalities among its kin. The Han individuals represent 91.9% of the populace, while the other 8.1% record for fifty-five different nationalities. Organizations must comprehend the imperative contrasts among the Chinese individuals to thrive from Chinas developing economy. Social contrasts between the Chinese and the remainder of the world are significantly increasingly present in the practices of the Chinese individuals. For instance: it is regular practice for blessing giving among colleagues, yet in China a clock ought to never be given since checks speak to death in Chinese culture. Likewise, being on schedule and having arrangements are some other significant realities that remote organizations must think about. There are various practices and correspondence rehearses that organizations must examination so as to succeed in China. Having the information and aptitudes to easily execute outside business will ensure proceeded with associations with Chinas developing markets. Chinas Politics, Economic and Legal Condition, and Geography China has progressed significantly to be the politically influential nation that it is today. It is the universes third biggest nation and positively the most crowded. The land is assorted comprising of rainforests, mountains, valleys and levels and comparatively has totally different atmospheres. The nation fringes fourteen different nations and is part into various areas. (Topography of China) Now known as the Peoples Republic of China, the countrys legitimate cosmetics is established in antiquated culture and convictions going back to Confucian lessons, (Legal History of China). Confucius lessons expressed, man was ordinarily malicious and must be constrained by exacting guidelines of law and uniform equity, (Legal History of China). Chinese law currently has created to some degree because of the globalization of business sectors and the developing economy. Laws have been made to implement rules and guidelines just as securing Chinas enterprises. (Legitimate History of China). Working together in China is very different than working together in the United States or other western nations. When meeting with Chinese businesspeople recall that their way of life is vastly different than our own. In China the business matter comes next to the individual. To the Chinese businessperson setting aside the effort to frame enduring connections is significant. The connections possibly could outlast the business. Having connections in another nation additionally encourages the American representative to arrange. Another distinction is the manner in which they esteem time. Here it appears that we hold taking care of business to be the main goal. They are unmistakably increasingly liberal in their time the board, and the time it takes to work together is immaterial. It is imperative to know the intricate details of your business before working together in China. They make certain to consider your business before you show up, and you should do likewise. Having information and investigating their strategic approaches and the job they have in the network is an absolute necessity before plunking down with them. Your accomplice should likewise have a similar degree of information; on the off chance that they seem frail to the Chinese possibilities are that that would mean the finish of any business attempt. To make gatherings run easily it is suggested that all materials be converted into both Chinese and English. On the off chance that you decide to have a translator, present him/her with the materials preceding gathering with the Chinese organization. (Chinese Etiquette) The Chinese economy has changed significantly from the total socialist control during the 1950s. Chinas economys progress is expected to some extent to their Five Year Plans which are a progression of financial arranging and objective setting normal for socialist governments. (China and the First Five Year Plan). While the administration controlled all parts of the economy before the nation has moved into another period that has been known as a communist market economy classified by concentrating on modernization and improving the personal satisfaction all through China, (Economy). The fast development of the countrys economy has lead to it turning into a significant world financial force. In any case, this development has accompanied numerous issues the nation presently faces. Because of the staggering populace and its maturing populace the nation is still generally poor when it come to per capita terms, (Chinas Economy). Albeit quickly developing the nation has given the nation cha llenges that China must face on the off chance that it needs to have the universes biggest economy, (CIA World). China must figure out how to increase new contestants to the work power and right for the ecological harm that the quick development has caused. Prospect as a Trading Partner, Government Policies for Worldwide Trade, Direction and Terms of Trade, Also, Foreign Direct Investment for China China would be an incredible possibility for an exchanging accomplice. With the various exchanging openings, a potential exchanging accomplice will definitely benefit. Chinas financial changes have acquainted the economy with global exchange and speculations. As noted in an article in the International Monetary Fund, Chinas expanding reconciliation with the worldwide economy has added to supported development in global exchange. Presently, it is one of the quickest developing economies on the planet! China is the United States third biggest merchant and is one of the biggest Foreign Direct Investments (FDI) beneficiaries. As indicated by an article from The China Business Review, the United States fares to China have hit another high. It has been said that during the most recent seven years, fares to China have flooded significantly, beating $65 billion a year ago (2007). You may see that the store racks in the United States are flooding with items that are made by the Chinese. As expressed before, China is the United States third biggest broker. This is a direct result of numerous reasons. To begin with, the exchange progression that followed Chinas section into the WTO (World Trade Organization) was a key quality. Another huge thought process is that Chinas money, which is known as the renminbi, has acknowledged about 20% against the US dollar since the time of 2005. That makes U.S. sends out less expensive for shippers and buyers. China keeps on developing quickly. Their imports and fares have become quicker than world exchange for more than twenty years. Chinas portion of fares to modern economies has expanded and has gotten progressively enhanced. They have gotten critical to territorial economies on account of their fares. Chinas broadening has made them gotten significant inside the Asian economy. Accordingly, Chinas global exchange has swelled logically since the opening of the economy in 1979. Expansion has upgraded Chinas sending out. In the mid 1990s, items, for example, footwear, dress, and toys represented over 40% of their fares. Today, a large portion of their fares incorporate gadgets, for example, office machines and mechanized information handling hardware, broadcast communications and sound gear, electrical apparatus, furniture, travel merchandise, and modern supplies. Similarly as Chinas sending out is fundamental, their bringing in is essential too. Chinas exchange has grown quickly with imports from practically all exchanging accomplices. They are the third biggest merchant of creating nation trades after the United States and the European

Employee Survey Analysis (ESA) Scripts Free Essays

string(54) be the justification for his go forthing the Organization. Representative Survey Analysis ( ESA ) Scripts One more Natural Language Processing Application Abstraction†With this paper of our, we have unconventionally taken a shot at one of the use of Data Analysis. We have proposed a new technique for occurring out important data out of the cluster of common informations using Python and NLTK libraries. We have handled the Remarks of the different Employees of a Company in the signifier of Raw Data. We will compose a custom exposition test on Representative Survey Analysis (ESA) Scripts or then again any comparative point just for you Request Now Each Remark follows distinctive stairss, for example, Cleansing which expels all the mistakes in the comments made by the client, Taging which labels word blending to the various sorts of action words or descriptors utilized in the comments, Lumping which incorporates picking a perticualr expression out of the purified comment by utilization of a proper sentence structure guideline, Category Generation which incorporates various kinds of class created for the words which can be utilized for bring forthing diverse classs client comments. This incorporates the utilization of Python as an apparatus where NLTk is included as a Natural Language Processor which is utilized for various sorts of phonetic interchanges. You may happen the detailed record about our methodological analysiss in the ulterior pieces of this paper. Keywords†Python, NLTK, Tokenizer [ 8 ] , Lemmatizer [ 9 ] , Stemmer [ 9 ] , Chunker, Tagger. I. Presentation With the developing of IT area in the course of the last not many mature ages, informations taking care of and its examination had gotten extremely hard. Numerous organizations exchanges with a major aggregate of informations and they have bought various devices from various organizations like IBM, Microsoft, and so forth for informations stockpiling and its examination. Information Analysis on a very basic level gives us the strategy to pull out some significant data out of some common realities. It contains a few Fieldss which are required to be attempted, for example, taking all the mistakes, change overing it into that signifier which our device can comprehend, saying guidelines for it use, happening the outcomes and take strong activities on the balance of these outcomes. The field of Data Analytics is feel sorry for tremendous and have numerous assaults identified with informations extraction and form and in this paper we will talk on the one of the of import use of Data Analyt ics. Let us better comprehend what Data Analysis is with outline of an individual named Lee who had a wont of forming dairy. He began watching every single occurrence of his life get bringing down from his introduction to the world rock dirt at this point. With the class of clasp, he have composed a bunch of data about himself which reflects various periods of his life. Assume if another individual experiences every single occurrence of Lee ‘s life and examination what he used to wish when he was underneath 10 mature ages old enough or which part of his life was extraordinary. This investigation of the normal data and occur out the important data out of it is arranged with the term Data Analytics. I think now we are in a spot to comprehend the significant terminologies utilized in this paper. So I would wish to portray the existent methodological examination of our exploration paper. II. A Brief METHODOLOGY This paper shows a novel technique which help client to pull out utile data from the cluster of a characteristic data. It incorporates a strategy/codes which incorporate the utilization of set of classifications and maps which help in haul excursion an utile data out of information informations. There are numerous utile maps which help in pull excursion data that are incorporated here. Some of them might be named as, Tokenizer, Taggers, Chunkers, Stemmers, Transformation of Chunkers and Taggers and some more. These strategies or classifications take a shot at the device Named as Python 2.7.6 which is required to be downloaded and acceptable designed in the framework. Each Code that is executed required to be imported through arranged groups present in the library. In this endeavor, we have prepared the informations and created the diverse classs out of it and through that we have separated what client truly intended to state in his/her comments. You may happen the intricate record as what this paper is all around in ulterior bit. A.Python Python [ 1 ] is considered as a high degree semantic correspondence, a degree before C and C++ . It is generally produced for creating applications or books for changing various signifiers of etymological correspondences like English, French, German and some more. Python have an alone trademark which separate it from other etymological correspondences like C, C++ or Java is that it utilizes white unending agreement rather than wavy sections. By and by, the most recent adaptation of python in the market is Python 3.4.1 was discharged on May eighteenth, 2014. In any case, we have utilized Python 2.7.6. B.NLTK NLTK [ 3 ] is portrayed as Natural Language Tool Kit. It involves library documents in various etymological correspondences that Python may use for informations investigation. One is required to import the NLTK pack in the Python Shell with the goal that its library records can be utilized by the coder. NLTK incorporates a few qualities like graphical introduction of informations. A few books have been distributed on the outsider belongingss and establishments of NLTK which plainly discloses things off to any coder who is either beginner with python or NLTK or simply a specialist. NLTK finds a few applications in look into work with regards to Natural Language Processing. It helps in treating content in a few semantic interchanges which itself is an enormous positive for current research laborers. III. Execution OF EMPLOYEE SURVEY ANALYSIS ( ESA ) SCRIPTS A.What ‘s the Requirement of ESA Scripts. In Today ‘s universe of Globalization and rivalries, It is the propensity which is trailed by each organization to frame an Engagement and Exit Survey for its representative inside the association to occur out the grounds why individuals needs to fall in or go forward their organization. At the point when any individual leaves any organization, he/she is required to make full an online investigation that includes arranged Fieldss which may be the justification for his go forthing the Organization. You read Representative Survey Analysis (ESA) Scripts in classification Paper models In that review, the requests may be in grouped signifiers like Check Boxes, Scroll List, Text field, and so forth. It is feel sorry for simple to enter and examination those requests which include answering through Checkboxes or Scroll List yet situation turns out to be extremely hot for the person who is dissecting that informations if the answer is recorded through Text fields or Text Paragraph. Whe n talking about physically perusing, the person, who is perusing that informations, will be required to go through every single representatives comments to happen what were the grounds why they have left the occupation. Each organization contains 1000s of workers and it is extremely regular in enterprises that individuals moves starting with one association then onto the next association. Along these lines, keeping up the way of each one of those representatives by simply manual perusing is an extreme endeavor. Figure 1†A Screen Shot of Employee Exit Survey [ 1 ] img alt= src=https://s3-eu-west-1.amazonaws.com/aaimagestore/articles/1220506.001.png/ Each organization goes through a clump of cash and assets on their representatives on their readiness and developing and subsequently, needs to happen the grounds why their best workers are go forthing them. Consequently, we are in a squeezing request of something which can help us happening the grounds why any individual is go forthing his/her association. In spite of the fact that, there are a few instruments in the market by some solitary organizations like IBM. Be that as it may, the significant point is they all are paid and in this manner, require a bunch of cash to contributed to get them. In contrasting and these paid instruments, these Python Script are loosened start and are liberated from cost. Any association can other than do modifications in the books fitting to its interest. Subsequently, it is providing us the best ground for what reason to decide for ESA Scripts. B.Functionality of ESA Scripts ESA Scripts performs following activities as determined underneath: †It amends all the Spelling Mistakes. It amends all the Repeated Words. It performs Lemmatization, Stemming and Tokenization of Data. It performs Antonyms and Synonym Operations on words. It discover what kind of Verb, Noun or Adjective is utilized by the Employee. It produces Phrases relying on the kind of Grammar Rule one select. Evacuation of Stop Words. Encoding and Decryption of Special Stop Words. Evacuation of ASCII Codes. There are a lot a greater amount of import tasks which goes under these above determined activities which are examined hence as their capacities comes. C.Following Big Measure As a matter of first importance, Remarks of various representatives are taken in an individual Column of a CSV record and read line shrewd. Each Remark involves distinctive passage holding diverse Spelling blunders, rehashed characters in a word and a lot more mistakes which are required to be evacuated before we can occur out what individual implied in his/her justification for go forthing his/her occupation. All the records are required to be put away by.py augmentation and all the of import techniques or classifications are required to be characterized in an individual library document with the goal that while using those maps and classes we can import them in a spell and use them to make whatever we like to make. These techniques/classes are characterized in library document named as CustomClassLibrary.py and this record is required to be executed at the top before using any of the guide or classification so these classifications work thus at whatever point they are brought in the central book. There is one more of import thing that we are required to take consideration of. You should either topographic point all you

Modern Civil Rights Case Study - 1650 Words

Modern Civil Rights (Case Study Sample) Content: Florida and the Modern Civil Rights MovementName:Institution:Employee Non-Compete AgreementsGiven the present tough competition among many industries in the United States, many companies are forcing their employees to sign the non-compete agreements upon recruitment in their companies. This issue has rapidly intensified mainly because industries are swiftly shifting from manufacturing towards service provision. This shifting means that jobs by service providers are rate higher than the manufacturing sector jobs. In addition, employees in the world today have become more aggressive, where they can easily leave a job and open their own business or firm using the experience they have gained from their former employers.[Hamlin John C. 2010 Non-Compete Agreements à ¢Ã¢â€š ¬ What You Should Know Retrieved from /Non-Competes.html] What is Employee Non-Compete Agreement and what is its importance? This is the questions that will be the point of focus for this paper. This pa per will go over a few of the acts related to this topic that have been passed over the years and how they apply differently in different states in the United States. This paper will discuss protections that these acts provide to employers and what an employee should know before signing the agreement. This paper will also discuss the necessary steps a worker can take to obtain protection, when compelled to sign the agreement.A non-compete clause or covenant not to compete agreement applies under the contract law where one party usually, the employee agrees to sign an agreement that forbids them from entering or starting a similar trade or profession in competition against the other party that is usually the employer. A non-compete clause is therefore a contract provision bound by various customary contract requirements such as the consideration doctrine. The use of these clauses is based on the possibility that the employee might start working for the rivals or start a similar busin ess upon their termination or resignation, exploiting confidential information of the former employer's operations or business secrets as their competitive advantage.Non-compete agreements may arise in various circumstances. The most common areas are in employment relationships between the employer and the employee, between stockholder agreements and in cases of a business disposal. The provision of non-compete agreement has been enforced different in different states. This paper will look at how this provision has been enforced in Florida and Middlesex. The provision will mainly address non-compete agreements under Florida law and also analyze a court a case titled ARS Services, Inc. v. Baker, et al., Middlesex Superior Court, Civil Action No.12-00105 so as to understand how the clause has been enforced in the past.[Bierwirth, L. Joseph. 2012. Case Study: Enforcing a non-compete agreement with a former employee Retrieved on May 22, 2014 from /media/pnc/9/media.269.pdf] Case Study 1 : Florida LawThe enforcement on non-compete agreement in Florida is not a new concept given the historical nature of Florida as one of the most employer friendly states in the United States. Gretchen, is a 28 year old IT expert who was working in a Telecommunications company in Florida. She says that her employer intimidated her to sign a non-compete form after working for six months, failure to which she would be fired. She signed the agreement but subsequently lost her job from that company. However, she says that she was unable to secure another job as the agreement forbid her from working for their competitors. The single mother of two narrates the difficult moment she went through and says that she had to start in another career from scratch. Her second career has currently been stricken by serious challenges and she is now wondering what might be the recourse of a worker who has signed such an agreement.[Meiners, Roger E., Al H. Ringleb and Frances L. Edwards. 2011. The legal environment of business. Stamford, CT: Cengage Learning.] On July 2012, Polselli, the owner of Ripe Delights, which is a fruit bouquet business based in Palm Beach, Florida, sued two of her employees in the Arden Courts, Florida. She says "as a small business owner, your business is the entire resource you have, if they looked for work in some textile firm or designer shop, I would have had no problems.à ¢Ã¢â€š ¬Ã‚ [Miller, Roger LeRoy, Frank B. Cross, and Gaylord A. Jentz. 2013. Business law: alternative edition text and summarized cases: legal, ethical, global, and corporate environment. Mason, Ohio: South-Western Cengage Learning.] Barbara Poole is a legal expert who works in a litigation law firm located in Broward County. He says that signing the non-compete form is like signing a prenuptial contract. "In states like Florida, it is unfortunate that the chances for an employeeà ¢Ã¢â€š ¬s recourse is next to zero if an employee knowingly signed such an agreement" says Poole. His caution to employees is to think first before signing such an agreement, "otherwise, you are signing at your own perilà ¢Ã¢â€š ¬Ã‚ .[Miller, Roger LeRoy, Frank B. Cross, and Gaylord A. Jentz. 2013. Business law: alternative edition text and summarized cases: legal, ethical, global, and corporate environment. Mason, Ohio: South-Western Cengage Learning.] Case Study 2: Middlesex County, Massachusetts.When David Baker resigned from ARS Services an emergency restoration company doing business in Massachusetts, Connecticut, Rhode Island and New Hampshire a non-compete agreement he had signed with the company bound him. The agreement stated that Mr. Baker could not work in disaster restoration field for one year on undertake any project in a space of 40 miles of any of the 6 ARSà ¢Ã¢â€š ¬s offices. Despite this agreement, Mr. Baker went ahead and began to work for one of ARSà ¢Ã¢â€š ¬s direct rivals, Harvey Remodeling, in the capacity of a sales manager in the emergency restoratio n operation. His new position made him have direct contact with insurance adjusters and other business development contacts he had developed while at ARS.[Bierwirth, L. Joseph. 2012. Case Study: Enforcing a non-compete agreement with a former employee Retrieved on May 22, 2014 from /media/pnc/9/media.269.pdf] ARS turned to a litigation attorney with Hemenway Barnes for help. Mr. Joe Bierwirth the attorney filed for a preliminary injunction in Middlesex Superior Court arguing that Mr. Bakerà ¢Ã¢â€š ¬s activities as sales manager with Harvey Remodeling Restoration Division breached his non-compete agreement. He disclosed to the court how the company had invested in Mr. Bakerà ¢Ã¢â€š ¬s career development and sales exertions while as an employee with ARS.The court granted a preliminary injunction on Feb. 21, 2012. Judge Thomas Murtagh of Orange Superior Court decided that "ARS had demonstrated comprehensively that the enforcement of the Agreement was necessary to prevent the company from suffering irreparable harm. He stated "If Baker is allowed to continue working for Harvey Remodeling Restoration Division, ARS may face the distinct possibility of losing its goodwill to its customers and risk losing those customers to Harvey Remodeling." The decision held that Mr. Baker could not be employed by Harvey Remodeling nor employed in any other company in a disaster restoration work within the non-compete agreement geographic area.[Bierwirth, L. Joseph. 2012. Case Study: Enforcing a non-compete agreement with a former employee Retrieved on May 22, 2014 from /media/pnc/9/media.269.pdf] What Employees Should KnowMark is an attorney who works with Wasserman Gora in Boca Raton, Florida. He says that a company is not obligated by the court to provide evidence that the employee is causing damage to the company by working for a rival company. The signed agreement according to Mark is satisfactory evidence in the court for the company. However, employee may be at liberty t o provide evidence to defend themselves. However, finding such evidence that is convincing is a difficult task.[Hamlin John C. 2010 Non-Compete Agreements à ¢Ã¢â€š ¬ What You Should Know Retrieved on May 22, 2014 from /Non-Competes.html] He advices the employees to think and weigh the options before signing such an agreement especially in states like Florida where courts have a history of favoring employers in such matters. Mark also advices the employee to find out how the none compete clause in your state applies. This information can be found from the labor department. He also states that Non-compete agreements is a tricky part of law and tough choice for the employee because the employer may refuse to hire an employee if he or she refuses to sign the agreement. He therefore asks the employee to carefully read through the document, preferably with a lawyerà ¢Ã¢â€š ¬s assistance to fully understand what you are signing.[Hamlin John C. 2010 Non-Compete Agreements à ¢Ã¢â€š ¬ What You Should Know Retrieved on May 22, 2014 from /Non-Competes.html] Modern Civil Rights Case Study - 1650 Words Modern Civil Rights (Case Study Sample) Content: Florida and the Modern Civil Rights MovementName:Institution:Employee Non-Compete AgreementsGiven the present tough competition among many industries in the United States, many companies are forcing their employees to sign the non-compete agreements upon recruitment in their companies. This issue has rapidly intensified mainly because industries are swiftly shifting from manufacturing towards service provision. This shifting means that jobs by service providers are rate higher than the manufacturing sector jobs. In addition, employees in the world today have become more aggressive, where they can easily leave a job and open their own business or firm using the experience they have gained from their former employers.[Hamlin John C. 2010 Non-Compete Agreements à ¢Ã¢â€š ¬ What You Should Know Retrieved from /Non-Competes.html] What is Employee Non-Compete Agreement and what is its importance? This is the questions that will be the point of focus for this paper. This pa per will go over a few of the acts related to this topic that have been passed over the years and how they apply differently in different states in the United States. This paper will discuss protections that these acts provide to employers and what an employee should know before signing the agreement. This paper will also discuss the necessary steps a worker can take to obtain protection, when compelled to sign the agreement.A non-compete clause or covenant not to compete agreement applies under the contract law where one party usually, the employee agrees to sign an agreement that forbids them from entering or starting a similar trade or profession in competition against the other party that is usually the employer. A non-compete clause is therefore a contract provision bound by various customary contract requirements such as the consideration doctrine. The use of these clauses is based on the possibility that the employee might start working for the rivals or start a similar busin ess upon their termination or resignation, exploiting confidential information of the former employer's operations or business secrets as their competitive advantage.Non-compete agreements may arise in various circumstances. The most common areas are in employment relationships between the employer and the employee, between stockholder agreements and in cases of a business disposal. The provision of non-compete agreement has been enforced different in different states. This paper will look at how this provision has been enforced in Florida and Middlesex. The provision will mainly address non-compete agreements under Florida law and also analyze a court a case titled ARS Services, Inc. v. Baker, et al., Middlesex Superior Court, Civil Action No.12-00105 so as to understand how the clause has been enforced in the past.[Bierwirth, L. Joseph. 2012. Case Study: Enforcing a non-compete agreement with a former employee Retrieved on May 22, 2014 from /media/pnc/9/media.269.pdf] Case Study 1 : Florida LawThe enforcement on non-compete agreement in Florida is not a new concept given the historical nature of Florida as one of the most employer friendly states in the United States. Gretchen, is a 28 year old IT expert who was working in a Telecommunications company in Florida. She says that her employer intimidated her to sign a non-compete form after working for six months, failure to which she would be fired. She signed the agreement but subsequently lost her job from that company. However, she says that she was unable to secure another job as the agreement forbid her from working for their competitors. The single mother of two narrates the difficult moment she went through and says that she had to start in another career from scratch. Her second career has currently been stricken by serious challenges and she is now wondering what might be the recourse of a worker who has signed such an agreement.[Meiners, Roger E., Al H. Ringleb and Frances L. Edwards. 2011. The legal environment of business. Stamford, CT: Cengage Learning.] On July 2012, Polselli, the owner of Ripe Delights, which is a fruit bouquet business based in Palm Beach, Florida, sued two of her employees in the Arden Courts, Florida. She says "as a small business owner, your business is the entire resource you have, if they looked for work in some textile firm or designer shop, I would have had no problems.à ¢Ã¢â€š ¬Ã‚ [Miller, Roger LeRoy, Frank B. Cross, and Gaylord A. Jentz. 2013. Business law: alternative edition text and summarized cases: legal, ethical, global, and corporate environment. Mason, Ohio: South-Western Cengage Learning.] Barbara Poole is a legal expert who works in a litigation law firm located in Broward County. He says that signing the non-compete form is like signing a prenuptial contract. "In states like Florida, it is unfortunate that the chances for an employeeà ¢Ã¢â€š ¬s recourse is next to zero if an employee knowingly signed such an agreement" says Poole. His caution to employees is to think first before signing such an agreement, "otherwise, you are signing at your own perilà ¢Ã¢â€š ¬Ã‚ .[Miller, Roger LeRoy, Frank B. Cross, and Gaylord A. Jentz. 2013. Business law: alternative edition text and summarized cases: legal, ethical, global, and corporate environment. Mason, Ohio: South-Western Cengage Learning.] Case Study 2: Middlesex County, Massachusetts.When David Baker resigned from ARS Services an emergency restoration company doing business in Massachusetts, Connecticut, Rhode Island and New Hampshire a non-compete agreement he had signed with the company bound him. The agreement stated that Mr. Baker could not work in disaster restoration field for one year on undertake any project in a space of 40 miles of any of the 6 ARSà ¢Ã¢â€š ¬s offices. Despite this agreement, Mr. Baker went ahead and began to work for one of ARSà ¢Ã¢â€š ¬s direct rivals, Harvey Remodeling, in the capacity of a sales manager in the emergency restoratio n operation. His new position made him have direct contact with insurance adjusters and other business development contacts he had developed while at ARS.[Bierwirth, L. Joseph. 2012. Case Study: Enforcing a non-compete agreement with a former employee Retrieved on May 22, 2014 from /media/pnc/9/media.269.pdf] ARS turned to a litigation attorney with Hemenway Barnes for help. Mr. Joe Bierwirth the attorney filed for a preliminary injunction in Middlesex Superior Court arguing that Mr. Bakerà ¢Ã¢â€š ¬s activities as sales manager with Harvey Remodeling Restoration Division breached his non-compete agreement. He disclosed to the court how the company had invested in Mr. Bakerà ¢Ã¢â€š ¬s career development and sales exertions while as an employee with ARS.The court granted a preliminary injunction on Feb. 21, 2012. Judge Thomas Murtagh of Orange Superior Court decided that "ARS had demonstrated comprehensively that the enforcement of the Agreement was necessary to prevent the company from suffering irreparable harm. He stated "If Baker is allowed to continue working for Harvey Remodeling Restoration Division, ARS may face the distinct possibility of losing its goodwill to its customers and risk losing those customers to Harvey Remodeling." The decision held that Mr. Baker could not be employed by Harvey Remodeling nor employed in any other company in a disaster restoration work within the non-compete agreement geographic area.[Bierwirth, L. Joseph. 2012. Case Study: Enforcing a non-compete agreement with a former employee Retrieved on May 22, 2014 from /media/pnc/9/media.269.pdf] What Employees Should KnowMark is an attorney who works with Wasserman Gora in Boca Raton, Florida. He says that a company is not obligated by the court to provide evidence that the employee is causing damage to the company by working for a rival company. The signed agreement according to Mark is satisfactory evidence in the court for the company. However, employee may be at liberty t o provide evidence to defend themselves. However, finding such evidence that is convincing is a difficult task.[Hamlin John C. 2010 Non-Compete Agreements à ¢Ã¢â€š ¬ What You Should Know Retrieved on May 22, 2014 from /Non-Competes.html] He advices the employees to think and weigh the options before signing such an agreement especially in states like Florida where courts have a history of favoring employers in such matters. Mark also advices the employee to find out how the none compete clause in your state applies. This information can be found from the labor department. He also states that Non-compete agreements is a tricky part of law and tough choice for the employee because the employer may refuse to hire an employee if he or she refuses to sign the agreement. He therefore asks the employee to carefully read through the document, preferably with a lawyerà ¢Ã¢â€š ¬s assistance to fully understand what you are signing.[Hamlin John C. 2010 Non-Compete Agreements à ¢Ã¢â€š ¬ What You Should Know Retrieved on May 22, 2014 from /Non-Competes.html]

The History of Prohibition in the United States

Prohibition was a period of nearly 14 years of U.S. history (1920 to 1933) in which the manufacture, sale, and transportation of intoxicating liquor were made illegal. It was a time characterized by speakeasies, glamor, and gangsters and a period of time in which even the average citizen broke the law. Interestingly,  Prohibition (sometimes referred to as the Noble Experiment) led to the first and only time an Amendment to the U.S. Constitution was repealed. Temperance Movements After the American Revolution, drinking was on the rise. To combat this, a number of societies were organized as part of a new Temperance movement, which attempted to dissuade people from becoming intoxicated. At first, these organizations pushed moderation, but after several decades, the movements focus changed to complete prohibition of alcohol consumption. The Temperance movement blamed alcohol for many of societys ills, especially crime and murder. Saloons, a social haven for men who lived in the still untamed West, were viewed by many, especially women, as a place of debauchery and evil. Prohibition, members of the Temperance movement urged, would stop husbands from spending all the family income on alcohol and prevent accidents in the workplace caused by workers who drank during lunch. The 18th Amendment Passes At the beginning of the 20th century, there were Temperance organizations in nearly every state. By 1916, over half of the U.S. states already had statutes that prohibited alcohol. In 1919, the 18th Amendment to the U.S. Constitution, which prohibited the sale and manufacture of alcohol, was ratified. It went into effect on January 16, 1920—beginning the era known as Prohibition. The Volstead Act While it was the 18th Amendment that established Prohibition, it was the Volstead Act (passed on October 28, 1919) that clarified the law. The Volstead Act stated that beer, wine, or other intoxicating malt or vinous liquors meant any beverage that was more than 0.5% alcohol by volume. The Act also stated that owning any item designed to manufacture alcohol was illegal and it set specific fines and jail sentences for violating Prohibition. Loopholes There were, however, several loopholes for people to legally drink during Prohibition. For instance, the 18th Amendment did not mention the actual drinking of liquor. Also, since Prohibition went into effect a full year after the 18th Amendments ratification, many people bought cases of then-legal alcohol and stored them for personal use. The Volstead Act allowed alcohol consumption if it was prescribed by a doctor. Needless to say, large numbers of new prescriptions were written for alcohol. Gangsters and Speakeasies For people who didnt buy cases of alcohol in advance or know a good doctor, there were illegal ways to drink during Prohibition. A new breed of gangster arose during this period. These people took notice of the amazingly high level of demand for alcohol within society and the extremely limited avenues of supply to the average citizen. Within this imbalance of supply and demand, gangsters saw a profit. Al Capone in Chicago is one of the most famous gangsters of this time period. These gangsters would hire men to smuggle in rum from the Caribbean (rumrunners) or hijack whiskey from Canada and bring it into the U.S. Others would buy large quantities of liquor made in homemade stills. The gangsters would then open up secret bars (speakeasies) for people to come in, drink, and socialize. During this period, newly hired Prohibition agents were responsible for raiding speakeasies, finding stills, and arresting gangsters, but many of these agents were underqualified and underpaid, leading to a high rate of bribery. Attempts to Repeal the 18th Amendment Almost immediately after the ratification of the 18th Amendment, organizations formed to repeal it. As the perfect world promised by the Temperance movement failed to materialize, more people joined the fight to bring back liquor. The anti-Prohibition movement gained strength as the 1920s progressed, often stating that the question of alcohol consumption was a local issue and not something that should be in the Constitution. Additionally, the Stock Market Crash in 1929 and the beginning of the Great Depression started changing peoples opinion. People needed jobs. The government needed money. Making alcohol legal again would open up many new jobs for citizens and additional sales taxes for the government. The 21st Amendment Is Ratified On December 5, 1933, the 21st Amendment to the U.S. Constitution was ratified. The 21st Amendment repealed the 18th Amendment, making alcohol once again legal. This was the first and only time in U.S. history that an Amendment has been repealed.

Capital Punishment And The Death Penalty - 1539 Words

Capital punishment, otherwise known as the death penalty, has been the center of debate for a long time. Capital punishment may be defined as the â€Å"[e]xecution of an offender sentenced to death after conviction by a court of law of a criminal offense† (Capital Punishment). Up until 1846, when Michigan became the first to abolish the death sentence, all states allowed legal practice of capital punishment by the government (States). Currently, there 32 states still supporting the death penalty and 18 that oppose (States). This illustrates the struggle experienced by state governments all across America and their progression to a more peaceful resolution. There are varying advantages and potentially severe disadvantages to this type of†¦show more content†¦Of the three examples given above why capital punishment should not be allowed, one of them sticks out like a sore thumb, which is the one that will be used as the basis of my argument. It is not â€Å"killing is never the answer†, as this statement in itself is false. There are many instances where no outcome seems ideal but the end result is taking another person s life. An example of this would be an armed robber entering a father s/respective gun owner s house. Rather than allowing the robber take what he pleases or risk a weaponless confrontation, the man will attempt to catch the robber off-guard and take him out before he himself gets shot. The other example that does not make the cut is â€Å"the execution process is actually much more expensive than life in prison.† Though this is not always the case, it is more of a reflection of the efficiency of government programs rather than their moral code. Secondly, this statement appeals to those of greedy nature, insinuating that one can put a price on life and death matters. Lastly, we have â€Å"potential executions of innocent bystanders must be avoided†. This piece of injustice happens when the judge and jury try to overexert the justice system through haste, only for evidence to later reveal it was an unwarranted and irreversible decision. Even the placement of innocent people on the death row falls under the category of potential disaster. This complete disregard for due process

Framing of Federal Domestic Violence Policy †MyAssignmenthelp.com

Question: Discuss about the Framing of Federal Domestic Violence Policy. Answer: Introduction: Cross-examination refers to the vital part of protecting those, who are accused for the sexual crimes. The complainant in the sexual assault trial can run on the identification and lack of consent. There should be no dispute of the occurrence of sexual contact. The advocate can face the indictment frequently with the numerous calculations. This needs to be scrutinized under the defense counsel to prevent the sexual assault. For such purpose, the cross- examination is necessary. At the time of child complaint, the preparation of the cross- examination needs to be prepared earlier. The characteristic of the complaints need to be analyzed. Zydervelt et al. (2016) mentioned thatbit is necessary to make the chronology of the complaint so that at the time of analysis, no problem can occur. The support of the forensic test is necessary in case of cross- examination. This policy helps to reform the limit cross- examination of the sexual assault complaints. However, in Australia, the number o f conviction rate in the sexual cases is decreasing gradually due to the cross-examination policy. This can include the statement of Policy and Practice of the police prosecution services. In such case, Westera et al. (2017) mentioned that the police and prosecution plays the important role to take the proper decision. The policy is made to help the victims of sexual harassment. There should be a presumption to use an alternative way to collect the evidence rather than the video recording. Aspect of the trial method, the complainant needs to know about the psoobile alternative ways. This will help to provide the evidence with the physical layout of courtroom. This can include the access as well as the waiting room. Henderson (2015) mentioned that during the involvement of victim, the prosecutor needs to ensure that the arrangements should be made for victims for meeting with victim Advisor. The alternative meaning of evidence needs to be explained by the victim. Keam and Cook (2016) mentioned that the guidance can suggest the third person to convey the information gathered from the complainant to prosecutor. The difficulty in such context is that the victim advisor needs to explain the alternative way before using the alternative way. The performance can be expressed back to prosecutor. In such way , the prosecutor is also able to use then alternative way. This will help to enquiry about the relevant information of the complainant and provide the best outcome. The victim can be afraid to convey the information but the victim adviser needs to handle the situation and reveal the truth (Stolzenberg and Lyon 2014). Strength and weakness: The strength of the policy is that the alternative way is useful to reveal the truth. This helps to build the relationship in between the prosecutor and victim advisor. This provides a better chance to convey the conviction (Konradi 2016). In such way, the victim is able to express her feelings and emotions. The victim can express the frustration and fear. This helps to involve the evidence physically rather than recorded videos. The policy helps to make people aware about the crime and guilt as well as the punishment. The alternative way can include the interview system, in which the victim adviser can interview the victim if she feels problems to convey her feelings in front of the courtroom (Zydervelt et al. 2016). Another way that the process can involve is installing CCTV camera in the waiting room and court room to record the incidence of the victim. This can help in another case. However, the rate of such incidence is decreasing in present days, which is a good point of the alternative technique. The interview and footage record can be sent for the forensic test that will help in the courtroom (Stolzenberg and Lyon 2014). In the alternative way, the evidence mainly shares the right information to the courtroom as wrong information can be punishable. In such case, the victim advisor and the prosecutor are also need to make the evidence aware of. The alternative way helps to remove the annoying and offensive acts in the courtroom. The policy helps to reduce the ethnicity, race and sex difference of the evidence and helps them to convey their concerns without any fear. The weakness of the policy involves that the evidence may not be agreed to involve directly or physically in the courtroom. Moreover, the prosecution may face problems to apply such alternative way in the justice system. The victim can feel uneasy and shy or afraid to express her feelings and emotions in front of the court. Hoyano (2015) mentioned that the victim adviser may not find adequate number of evidence to show in the courtroom, which may lead to failure of the case. Therefore, before applying the alternative way, it is necessary to check all the consequences. As mentioned by Konradi (2016), the criminal justice is very difficult in case of the sexual harassment cases as the victim feels unsafe to convey the feelings. Therefore, it is necessary to incorporate the current strong legislatives and framework in the alternative method. The cases of sexual harassment need strong evidence that is difficult to obtain. Moreover, the forensic report may take long period and can be cost ly that the victim cannot bear (Westera et al. 2017). Therefore, the victim can be agreed to participate in the justice system and withdraw the case. Therefore, the victim needs safety and financial support to continue the case as well as the evidence. The prosecution needs to cooperate in the justice system and needs to be polite to the victim so that she do not feel uncomfortable to share her concerns and feelings (Sinclair 2015). Menial pressure is created on the victim as well as the evidence, which affects them negatively. This can cause of various health problems in the victim and the evidences. The cross examination policy has various strengths and weakness but can be used in the courtroom. The policy can develop the situation in Australia and reduce the sexual harassment cases. References Henderson, E., 2015. Bigger fish to fry: Should the reform of cross-examination be expanded beyond vulnerable witnesses?.The International Journal of Evidence Proof,19(2), pp.83-99. Hoyano, L., 2015. Reforming the adversarial trial for vulnerable witnesses and defendants.Criminal Law Review,2, pp.107-129. Keam, G. and Cook, K., 2016. The framing of federal domestic violence policy responses. InRefereed Proceedings of TASA 2016 Conference(p. 161). Konradi, A., 2016. Can Justice Be Served on Campus? An Examination of Due Process and Victim Protection Policies in the Campus Adjudication of Sexual Assault in Maryland.Humanity Society, p.0160597616651657. Sinclair, B., 2015. A Discussion Regarding a Partial Shift in the Burden of Proof in Sexual Violence Offending in New Zealand: the Search for Justice on Behalf of Complainants. Stolzenberg, S.N. and Lyon, T.D., 2014. How attorneys question children about the dynamics of sexual abuse and disclosure in criminal trials.Psychology, Public Policy, and Law,20(1), p.19. Westera, N., Zydervelt, S., Kaladelfos, A. and Zajac, R., 2017. Sexual assault complainants on the stand: a historical comparison of courtroom questioning.Psychology, Crime Law,23(1), pp.15-31. Zydervelt, S., Zajac, R., Kaladelfos, A. and Westera, N., 2016. Lawyers strategies for cross-examining rape complainants: Have we moved beyond the 1950s?.British Journal of Criminology, p.azw023.

Sex Without Love By Sharon Olds Essays - Sexual Reproduction

Sex Without Love By Sharon Olds Sharon Olds' poem, Sex without Love, quite passionately expresses the poet's attitude toward loveless sex as a cold and hurtful act. She accomplishes this through her use of various poetic techniques which evoke clear images in the reader. Her opening words, How do they do it,..., do not simply offer question, but carry a negative connotation of the speaker shaking her head and throwing up her hands in a disgusted manner. Reminiscent of a mother looking at her errant teenager and exclaiming, How could you do such a thing?! She then throws us off the path by referring to her characters as beautiful as dancers.....maybe the initial impression was wrong? After all, that implied grace, and the same beauty we see in ice skaters, could lead us to think that this act might be quite lovely. Then Olds returns us to her reality offering the coolness of ice and the slight detachment that professional ice skaters exhibit as they glide almost without seeming to touch the surface. The image of fingers hooked inside each other's bodies is so clinical and conveys that detached feeling once again. There is no implication of gentle touch, as she continues to describe the participants. The similes used to describe the overheated lovers, faces red as steaks and wet as the children at birth also carry the same theme. By comparing a lover's face to a piece of cold, raw beef she leaves us with the image of these people using each other like pieces of meat...weren't many pick-up places referred to as 'meat markets'? The reference to mothers giving their children away expresses the speaker's attitude that these people are likely being irresponsible and without consideration for the consequences of their actions. The paradox contained in the image fingers hooked inside (continuing throug h)?give them away? is difficult to determine. Perhaps the representation of ?fingers hooked inside each other's bodies? is equating parts of the sex act to the way that an infant is inside a mother's womb. Line 8 stops us in our tracks - I found that the spacing made me feel an almost physcial halt in my reading. Her use of the pun, come to the combined with the reptition could express exasperation again, that kind of shoulder sagging, breath expelling, God help me type of exasperation when you just can't understand something at all. It also leads you to think that the speaker is describing the lover's climax, the repitition building to a peak which leads to the still waters, or the quiet aftermath. The spacing around the word ?God? causes it to stand out from the rest of the words and brings us, again, back to Olds' belief that sex and spiritual connection are important. She again returns us (in line 10) to her original premise by questioning how these two could travel this route together without love. It is common theory that men can participate in sexual activity with more removed emotion than women, pehaps our speaker/poet had experiences which were emotionally hurtful. She write this not long after the free love attitude of the 1970's, but clearly was never a believer! The reference to light rising, again evokes an image of cool brightness but then brings back the seemingly contradictory reference to the heat of steam rising. She talks of the true religious...the pros...ones who will not accept a false Messiah. This reference reminds us of her view of the lovemaking act as something spiritual, that should not be shared by those without love for each other. Line 16 continues with the reference to loving the priest instead of the God, implying her belief that sex and God are intertwined. She expresses the feeling that these lovers are hypocrites, professing to the truly religious but by using sex purely for their own pleasure are accepting a false God and behaving immorally. The reference to not mistaking the Priest for God could represent Olds' believe that these people are, perhaps, not confusing their partner in the act (the Priest) for what Olds would consider the spiritual act (the God) of making love, as one should not confuse the spiritual leader for the God or religion they represent. By stating that these