Property And Asset Division Essay Example for Free

Property And Asset Division Essay ABSTRACT This paper intends to set a simple structure in order to investigate the role of property and asset rights in the case of a legal separation. This paper also lays stress upon the role that the laws of alimony and property division can play in formulating the divorce decisions and allocations of assets even in the case of a existing marriage. INTRODUCTION it is commonly believed that certain changes within the Divorce Laws and regulations have led to the increasing number of divorces occurring today, especially when the Law allows one partner to unilaterally ask for a matrimonial dissolution lacking the approval of the other partner. People also felt that a continued liberalization of the Divorce laws would further increase the divorce rate. However, this is not true. The laws on property division, both within a marriage and after divorce also play a very important part in the filing of a divorce. Moreover, the continuously simplifying procedures and easily available legal aid is also the factor behind the increasing number of divorce incidents. This paper throws light upon the general property rights that are involved within a legal separation.   The Divorce Laws presents some rights with regards to the dissolution of a marriage, and these are related to the property rights of both the partners. At times, such rights can me traded or at times can also be included within the dissolution agreement. For instance, a Law that allows one partner to take a divorce, is very different from the one the Law that needs the consent of both the partners. If the husband wishes to separate his ways, and if his profit from the divorce is more, then according to a Mutual Consent, both the partners agree to divorce and the husband has to pay the compensation to his wife. In this case, it is said that the wife has sold her marriage rights. Whereas, in the case of a one sided law, if the gain of the husband is small than the loss of the wife, then the wife needs to compensate the husband for not asking for a separation. In this case, it is said that the husband has sold his marriage rights. The conclusion of this discussion is that the split-up does not depends on the law, but on the comparative size of the gains and losses of divorce. This argument given above allows for the evolvements of property rights in a divorce. Thus property and assets once mutually held by both the couple, become a type of compensation which can be paid. The property laws assume that in the absence of any type of compensation that has been mutually formed, or any agreed transfer, there is a well laid out criterion for the allocation of property and resources held jointly. After the divorce has been granted by the court, it depends upon the couple to divide the property. This can be done even of one partner seeks the division of the marital property. The couples are free to settle the property issues outside court if they wish to do so. To remember some important facts about Property Division law regarding a divorce, are that there are some kinds of properties that cannot be divided by the court. The properties that come under this ruling are inherited properties, gifts, business and professional licenses and property inherited by the partners before marriage is not subjected to a division. Also, it should be noted that there are certain matters that are upheld by the Property Division law that decide the division of property between the two parties. Monetary issues, contributions by each partner to the household, tax penalty in case of an imbalanced partition; labors of a partner to safeguard and augment the value of the joint property; efforts by a spouse to waste assets; the physical conditions and health of each partner, and the economic situation of each partner are some of the major issues that drive the format of the Property division in the case of a divorce.   The next section discusses the Property Rights and Family law. PROPERTY RIGHTS AND FAMILY LAW Marital or commonly referred to as community property is defined by different rules by different states, but overall, it includes the assets and property that were acquired jointly by the couple at the time of marriage and during the marriage. The wages that are earned by each of the couple, home, furniture, cars and other household items that are purchased during this period are marital property. Neither of the partner has the right to keep these things entirely without the consent of the other partner. If the property is in the name of one spouse, then it is also not necessary that it is not a marital property.   Similarly, a pension is also regarded as a marital property, even though it is gained in the name of only one spouse from his working place. In some cases, pensions may be regarded as non marital, seeing to the financial and health conditions of the spouse earning it. The money that was earned mutually is regarded as marital property while the money earned before marriage is non-marital. Division of Marital Property In some states, there are very simple rules regarding division of marital property. According to some marital laws, it is believed that marriages are a joint undertaking and that the marital property should be equally divided between the two spouses and it is assumed that both the spouses are an equal contributor to the acquirement and conservation of property. However, the court understands that the contributions may be of different nature, but in any case, they may be treated equally. The spouse who earns money will not receive more of property than the homemaker, unless the husband and wife had a premarital agreement stating otherwise. In some other countries and states, it is not a fifty-fifty situation. The Law considers a number of factors and gives each factor a weight age according to the situation. However, this gives more flexibility to the process of property and assets division. Any property or a physical asset may belong to both the partners or only one. In case, when the couple has a disagreement on a particular asset and how should it be used, then in this case, the current state law of martial issues hold the authority to decide the matter. These laws relating to division of marital property differs from one country to other, and keeps changing with time. There are examples of these property laws showing dramatic changes in the character of property rights within marriage over the course of a time period; where from having almost complete power over family unit property, a husband can now be disqualified from his own house. Comparable transformations have occurred in English law, leading to the Married Womens Property Act of 1870. Here are some factors stated in the Law for equitable distribution of assets and property. Here are some examples of factors that are considered by states applying principles of equitable distribution of property: Non-marital Property- if in case, one spouse inherits more non-marital property, then the other spouse can be in favor of getting a larger portion of the marital property upon division. As the Law, states, â€Å"courts are not obliged to give equal amounts of property to each spouse, but if the parties have sufficient assets to leave each party in a comfortable situation after the divorce, courts usually will try to do so.† Earning Power- The spouse with less earning power will be given more benefit during the property and other asset division by the court. Courts states that, â€Å" the party with greater earning power can regain money lost in a divorce more easily than the party with less earning power†. Who Earned the Property- in these cases, the benefit is gained by the spouse who worked hard to earn the property. For example, the family business which was run by the husband goes to him, only of the family property and the business is of almost same value. The home in this case goes to the wife. Services as a Homemaker- The court recognizes that ding the household chores are also work and in addition it gives freedom to the other spouse to go out and earn for the family. Law gives attention to the fact if a homemaker had impaired his or her professional career in order take care of the house hold. If the spouse can show that he or she had missed the opportunity of earning, then the court favors to giving more of the property to the home maker spouse. Waste and Dissipation- the court also analyzes the fact if any spouse has wasted money during the marriage and this can go against him or her during the property division time. . This issue us also called as economic fault, rarely considered by courts. According to the court, â€Å"Waste or dissipation could include gambling losses, significant sums of money given to family members (particularly over the protest of the other spouse), and money spent on pursuing romantic relationships outside the marriage.† Also added are the business losses which are considered as waste or dissipation, however at times they might be considered as normal business risks and the spouse is normally not penalized. Faults- Law also considers any type of spousal abuse or marital infidelity, when considering the case of marital property division. Most of the state courts however do not give much stress to this issue during property division. In the past, majority of the divorce cases were based upon faults by either of the partners, and the divorcà © was settled upon this fault by the spouse and highly affected the property division. However , today, courts decide the property division cases primarily on the economic factors when separating property and pay less concentration to who-did-what-to-whom. Duration of Marriage- in this case, if the marriages are long, then the court favors the spouse with less wealth or earning power. The longer the marriage, the more likely a court is to view the husband and wife as equal partners. Age and fitness of Parties- if one of the person is suffering from bad health or is much older than the other spouse, then he or she is in favor of getting a larger award. According to the court,† When the factor is mentioned by a court, it most often is in connection with an older wife whose ability to earn money is diminished by her age and health. The factor can apply to men too, particularly if the man is of an age at which it is not reasonable to assume that he can go out and re-earn a substantial amount of assets if his wife were given a majority of the marital assets. In such a case, an equal division of assets would be more likely†. Tax penalty- The tax consequences in the event of a marital property division is considered by the court. Suppose for example, if the house or the stocks acquired are being sold as a part of the property division, the person who ends up paying more tax as payment of capital gains tax, the Law will consider this and will try to favor the party during the division. On the contrary if the property settlements leads to some kind of tax benefit, the party which acquires a majority of the profits may be in a stringer position to receive a less part of the property. Premarital Agreements. A printed premarital agreement, can be a winning card in dividing the marital property between the partners. By ingoing into a premarital accord, the wife and husband have decided to surrender their rights to have a court consider the customary group of factors in dividing property. As a substitute, the parties through their contract have determined in advance how their property should be divided in the event of a divorce. Custody of Children – this issue might fall under a very narrow spectrum of property rights if viewed closely, since the assets and property has to be later devoted for the cause of children, therefore, responsibility of children and their custody is also a part of this issue. As an example, in England, before the Child Custody Act of 1839 a wife, even if divorced and separated from her husband, was offered no custody or visiting rights to her children and other family members. Ever since, the laws have changed significantly. Effect of bankruptcy – the settlements of marital assets and property might be dischargeable in liquidation or bankruptcy, or in case, it might not be dischargeable, depending on the essentials of the divorce case. A discharge in bankruptcy means, â€Å"all of a debt or a portion of a debt no longer has to be paid because a federal court has declared the debtor to be bankrupt†. Before 1994, many former spouses found themselves out of luck after the divorce when seeking to collect what was due, because their former spouses declared themselves bankrupt after divorce. For example, a couple, may have agreed to a divorce based on a promise from the husband that three years after the divorce, he would pay the wife some mutually agreed amount of money as part of the property settlement. If the husband declared bankruptcy after the divorce was finalized, the wife might never be able to get the said money. This arrangement, particularly in cases in which the debtor is technically bankrupt (owing more money than the debtor has assets) was seen as a potential unfairness by the Congress, as the debtor has the capacity to pay the debts to the ex-spouse. The law was then modified, the new law, which took effect in 1994, started allowing the bankruptcy court to weigh the situation between the parties. If there are reasons to believe that the so called bankrupt debtor has enough means, property and income to pay the debt to the ex-spouse, in addition to his or her dependents’ basic support then the debtor is bound to pay the debt to ex-spouse. If it is found or proved that the debtor truly does not have enough money for the basic support of the debtor and his or her dependents, then all or a part of the debt may be discharged in bankruptcy. Although in appropriate circumstances, a bankruptcy court has the power to discharge, partially or fully, a debt owed in a property settlement, the court cannot discharge past-due payments for alimony or child support. For reducing future alimony and child support, a debtors bankruptcy may be a ground, but it certainly does not qualify for discharging part or full past-due alimony and child support. CONCLUSION The marital community may end in several ways- annulment, death of spouse, divorce, separate maintenance and separate living agreement. In all these cases, however, the above mentioned laws are useful for resolving the property division issues. REFERENCES 1. Becker, Gary (1991) A Treatise on the Family , Cambridge, Harvard University Press. Becker, Gary, Landes, Elizabeth, and Michael, Robert (1977), An Economic Analysis of Ma rital Instability, Journal of Political Economy, 85(6), 1141-1187. Clark, S. (1998). Law, Property, and Marital Dissolution. University of Edinburgh, Department of Economics, Discussion Paper. Clark, S. (1999). Law, Property, And Marital Dissolution. Economic Journal ,, forthcoming. Coase, R.H. (1960). The Problem of Social Cost, Journal of Law and Economics, (3) , 1-44 Friedberg, Laura (1998). Did Unilateral Divorce Raise Divorce Rates? Evidence from Panel Data, American Economic Review, 88(3), 608- 627. Gibson, Colin S (1994) Dissolving Wedlock , London, Routledge. Rowthorn, R.E. (1998). Marriage and Trust: Some Lessons from Economics, Cambridge Journal of Economics, forthcoming. Smith, Ian (1997) Explaining the Growth of Divorce in Great Britain, Scottish Journal of Political Economy , 44(5), 519-544. Thomson J.M. (1986) Family Law in Scotland, 2nd ed, Edinburgh, Butterworths. Brinig, Margaret and Allen, D ouglas. (2000). These Boots Are Made for Walking: Why Most Divorce Filers Are Women. American Law and Economics Review , 2, 126-69. 9. Chiappori, Pierre-Andre, Bernard Fortin and Guy Lacroix (2002) Marriage Market, Divorce Legislation and Household Labor Supply, Journal of Political Economy.

Environmental Analysis Of Brazil Marketing Essay

Environmental Analysis Of Brazil Marketing Essay DAIM Co. is the company that has been operating successfully for the past 15 years providing and manufacturing computer and computer devices and considered as the market leader in the Malaysian market. Due to the high competition in the market, the manager of DAIM Co. intends to persuade companys BOD (Board of Directors) to penetrate Brazilian market. The main idea of the business is to sell computers and computer devices in Brazil. The main purpose of this assignment is to perform environmental analysis of Brazil, to identify possible opportunities and threats, and to analyze how the environmental factors in terms of political-legal, social, economic and technological environment can affect the international operation functions and decision-making of a business. Also, this research paper provides most appropriate market entry strategy. Selected Product: Computer and computer devices Executive Summary flag_of_brazil.png images.jpg Geography It is a country that situates in the South America, and continents largest nation. Borders almost all the countries on the continent except Chile and Ecuador and has exit to Atlantic Ocean that makes country easy to access by the sea. The surface area of the country is 8 547 000 square km. Brazil ranks as fifth largest country. The capital city is Brasilia, while the most important cities are Sao Paulo and Rio de Janeiro. Brazils climate is tropical due to the location of the country, with the south being temperate. (Appendix 1, Political Map of Brazil) Demography It is the most populous nation in the South America, and worlds 6 country according to population after China, India, USA, Indonesia and Russian Federation. The population of brazil is equal to 190,732,694 people as of August 2010, which is 2.76% of Worlds Population. And the birth rate is 22.65 births per 1,000 populations. Different ethnic groups can be described as follows: 55% are whites of European descent, 22% are mulattous of mixed European and African Descent, 11% blacks and 0.1% Native Americans. (http://www.ibge.gov.br/english/presidencia/noticias/noticia_visualiza.php?id_noticia=1766id_pagina=1 ) Economic Profile Brazil has best economy among all countries in Latin America. Since its independence September 7, 1822 the economy is rapidly developing. And the result by 2010 is: GDP (nominal exchange rate): $ 2.1 trillion. GDP (purchasing power parity): $2.194 trillion. (Appendix 2, GDP of Brazil) Annual real growth (2010): 7.5%. Natural resources: Iron ore, manganese, bauxite, nickel, uranium, gemstones, oil, wood, and aluminum. Brazil has 14% of the worlds renewable fresh water. Agriculture (6% of GDP):  Productssoybeans, coffee, sugarcane, cocoa, rice, livestock, corn, oranges, cotton, wheat, and tobacco. Industry (28% of GDP):  Typessteel, commercial aircraft, chemicals, petrochemicals, footwear, machinery, motors, vehicles, auto parts, consumer durables, cement, and lumber. Exchange rate (March 3, 2011): U.S. $1 = 1.65 Brazilian reals. International Business Trade balance of Brazil as for 2011 is $20 billion surplus.  Exports: $202 billion.  Major markets of exports are: China 15%, USA 10%, Argentina 9%.  Imports: $182 billion.  Major suppliers are USA 15%, China 14%, and Argentina 8%. (http://www.state.gov/r/pa/ei/bgn/35640.htm) PESTLE Analysis PESTLE is a strategic management tool that provides useful framework to analyze the environmental pressures on Business (Goyal et al, 2009). Political: Brazil is a federal republic with 26 states and a federal district. The 1988 constitution grants broad powers to the federal government, made up of executive, legislative, and judicial branches. Electing Lula da Silva in the 2002 as the president of Brazil has been described as a milestone, a starting point for secured democratic rule in the nation. This was an important in the establishment of economic norms and practices for the country; the more socialist models of state-run industry have been rejected, and significant international debt has been incurred to address the social ills facing the country. During the economic crisis in Latin America, the Brazilian economic situation becomes even more important; the growth of the Brazilian market has come to bear significantly on the worlds economy. After the election there have been significant improvements in the political environment, but political wrangling still exists, and a fragmented congress means economic risks still remain.  Issues surrounding policy implementation mean that expected future benefits from current policies are uncertain. Economic: Brazilian economy is the largest in the South America region; country has well developed agriculture, mining, manufacturing and service sector. From 2003, Brazil improved its macroeconomic situation, built foreign relations, reduced internal debt, kept inflation rate under control. Later during the financial crisis Brazilian economy had a solid performance and its strong and early recovery, including 2010 growth of 7.5%, have contributed to the countrys transition from a regional to a global power. Expected to continue to grow in the 4% to 5% range, the economy is the worlds eighth-largest and is expected to rise to fifth within the next several years. During the administration of former President Lula, surging exports, economic growth and social programs helped lift tens of millions of Brazilians out of poverty. Social: The large and growing consumer market provides a strong basis for considering market entry.      It is unlikely that overall workforce availability will be an issue, given the option of using international labor if requirements cannot be met locally.  Ã‚   Labor costs are attractive but there are significant costs on top of basic wages and requirements for additional training. Technological: Brazil is a leader in science and technology in South America and in some fields a global leader, such as bio fuels, agricultural research, deep-sea oil production, and remote sensing. U.S. Government, private sector, and academic researchers have extensive ties with Brazilian counterparts, and the extent of bilateral scientific and technological cooperation is expanding. The Brazilian Government seeks to develop an environment that is more supportive of innovation, taking scientific advances from the laboratory to the marketplace. Legal: The Legal rules governing business activities in Brazil are basically laid down in federal legislation, but constitution allows Federal Government to legislate on certain matters related to business activities, such as tax, financial and economic issues, liability for environmental and consumer damages. Federal Governments power is limited to enacting basic rules on such issues, whereas States and Federal District have authority to legislate on a supplementary basis, in line with the general rules laid down in the federal legislation. Brazil offers big business opportunities for foreign investors, in light of its economic potential, its diversified economy and its huge domestic market, now considerably expanded as a result of several international trade agreements entered into with economic blocks and countries the World over. Environmental: According to the geographical location of Brazil, it is very easy accessible by the sea, this means the country has an exit to the Atlantic Ocean. The raw materials, equipment, and products can easily be delivered by the sea which is not costly comparing to transportation by air. Also, according to the geographical location of the country there is no natural disaster like earthquakes and tsunami, which may cause stoppage of the business. Due to the large size, the climate of Brazil is different, even though the most part of the country is within tropical zone. The climate of Brazil experiments two seasons: the rainy which is summer and dry season which is winter. There is no cold at all, so the climate is partly same as in Malaysia, and it is very suitable for doing business in this country. Market and Segment Analysis STP (Segmentation, Targeting and Positioning) is the essence of marketing. (Kotler, 1994, p. 93) Segmentation is the  process  of defining and subdividing a  market  into clearly identifiable  segments having similar  needs,  wants, or  demand  characteristics. (http://www.businessdictionary.com/definition/market-segmentation.html) Demographic Segmentation refers to a wide study of the potential customers (Kotler, P., 2002). It consists of the variables such as: age, income, occupation and gender. The below diagram demonstrates the age segmentation: 13-25 years for Education and Entertainment 25-65 years for doing business. Segment.jpg The income level is an important part of segmentation, everyone can afford computers and computer devices, because nowadays there to many types of devices and they vary in pricing. It is available for all levels of users, occupation and gender. Geographic Segmentation is done by dividing people (markets) into different geographical locations. (Kotler Armstrong, 2002, p.252) Here, the main target will be main cities like capital Brasilia, and the most important cities in the country Sao Paulo and Rio de Janeiro. Targeting Strategy is the  selection  of  potential  customers  to whom a  business wishes to  sell  products  or  services. The targeting  strategy involves segmenting the market, choosing which  segments of the market are  appropriate, and determining the products that will be offered in each segment. (http://www.businessdictionary.com/definition/targeting-strategy.html) Mostly computer devices will be selling to the big companies who need computers to operate their business and customers who uses computers that need devices to coordinate their busy schedules and communicate with colleagues, friends and family. Also, high schools, colleges and other educational institutions will be targeted in Brazil. Positioning Strategy   states  how the  firm  defines  its  business  or how a  brand  distinguishes itself, how the  customers  will benefit from its  features, and how these  benefits  or aspects will be communicated to the intended  audience. (http://www.businessdictionary.com/definition/positioning-statement.html) We are positioning our computers and computer devices as the versatile, convenient, value-added devices for doing business, personal and professional use. The marketing strategy will focus on the convenience of doing business, entertainment with access to the internet. Mode of Entry to the Market The proposed way to enter Brazilian market is through Joint Venture strategy, which is defined as a contractual business undertaking between two or more parties. It is similar to a business partnership, with one key difference: a partnership generally involves an ongoing, long-term business relationship, whereas a joint venture is based on a single business transaction. Establishment of joint ventures is a common practice in Brazil. A major motivation for joint ventures is to pair foreign firms with Brazilian partners to compete in segments of the government procurement market or in other markets subject to government regulation, such as telecommunications, computers and capital goods. Formation of a joint venture can be accomplished through a variety of business entities. Entering a joint venture is a complex, and sometimes, time consuming process. As any type business structure, it holds a good opportunity for anyone to grow and make money fast; but just like any other business type; joint venture also holds threat to anyone who wants to enter. Porters 5 Forces Porters fives forces model  is a model which is using to analyze a particular environment of an industry in terms of Competitive rivalry, power of suppliers, power of buyers, threats of substitutes and threat of new entrants. Competitive rivalry: When entering to the market, the first thing you have to do is to analyze competitive rivalry in the country you going to set your business. If entry to an industry is easy then competitive rivalry will likely to be high. If it is easy for customers to move to substitute products for example from coke to water then again rivalry will be high. Generally competitive rivalry will be high if: à ¢Ã¢â€š ¬Ã‚ ¢ There is little differentiation between the products sold between customers. Actually, there is not so much difference between computer devices sold in different companies. This means the customers will look for those products which have better quality or long life cycle of the product, in other words durability. à ¢Ã¢â€š ¬Ã‚ ¢ Competitors are approximately the same size of each other. Those companies who are operating as retailers only, will face a big trouble against big companies. The buyers prefer to work with best, well known companies who provide stability and confidence to them. Power of  suppliers Suppliers are also essential for the success of an  organization. Raw materials are needed to complete the finish product of the organization.  Suppliers  do have power. This power comes from:   à ¢Ã¢â€š ¬Ã‚ ¢ If they are the only  supplier  or one of few  suppliers  who  supply  that particular raw material. à ¢Ã¢â€š ¬Ã‚ ¢ If it costly for the  organization  to move from one  supplier  to another à ¢Ã¢â€š ¬Ã‚ ¢ If there is no other substitute for their product. Power of buyers Buyers or customers can exert  influence  and control over an industry in certain circumstances. This happens when: à ¢Ã¢â€š ¬Ã‚ ¢ There is little differentiation over the product and substitutes can be found easily. à ¢Ã¢â€š ¬Ã‚ ¢ Customers are sensitive to price. The pricing should not be high, it must suit their expectations. The overall life concerns in Brazil are low, this means we have to identify the prices in relation to the customers, are they able to buy our products. If the prices will be high, the customer will switch to another product or company which is not costly for them. Threat of Substitutes This is about the alternative products that customers can purchase over your product that offer the same benefit for the same or less price. Threat of substitute is high when the price of your PC is higher than your competitors price, or when competitors decide to cut the prices of their products. In this industry, we can say that there is high competition, so this can bring to losing customers because customers sometimes are willing to substitute and compare the products or companies itself. Threat of new entrant The threat of a new  organization  entering the industry is high when it is easy for an organization  to enter the industry. An  organization  will look at how loyal customers are to existing products, how quickly they can achieve economy of scales, would they have access to  suppliers, would  government legislation  prevent them or encourage them to enter the industry. Actually, there is high probability that other companies will enter the market and will compete with you in the market. Conclusion Doing business in Brazil may be very profitable to the international companies. All the factors that may affect the business are positively affecting the business. PC industry is developing on Brazil. And there are many drivers to start your own business in the Brazil. International companies have advantage over the local companies, as they are undervalued and in need of restructuring, capital and technology. There is creative and flexible labor force, which is not expensive comparing to other countries. Growth potential of consumer market is very high. Privatization in late stages, inflation is under control in the last 10 years. There is increasing globalization and international trade. Foreign investors are eligible for most available fiscal incentives. And established transportation networks such as railways, highways, ports make it easy to operate in Brazil.

Procurement Route Selection and Analysis

Procurement Route Selection and Analysis The purpose of this report is to evaluate the procurement routes of construct a new auditorium with high specification technology for Heriot Watt University. The report includes defining several procurement routes, determining the recommended procurement route for this project. This report also covers the evaluation of influence factors and the potential benefits for adopting the recommended procurement route. Background Heriot Watt University (HWU) is planning to build a new auditorium at the existing grass land next to HWUs park with the land area of approximately 1500m2. The proposed auditorium is single storey with mezzanine floor with total 1950m2 gross floor area. The requirement and the need for auditorium shall be perfect for conferences, lectures and presentations, includes the facilities as following: 200 comfortable tiered seats, high specification technology, multimedia theatre with air conditioning, full size interactive screen and computer driven presentation facilities, In view of the HWU top management has decided to build a new auditorium, the projects procurement strategy has to be formed for achieve the optimum balance of risk, control and funding for this project. 2.0 Procurement Strategy Procurement is the amalgam of activities undertaken by the client to obtain a building (BPS, 2nd Edition, 1990). The projects procurement strategy is established for identify the most appropriate way of achieving the projects objectives and the value for money. The key steps in implementing the procurement strategy as following:- Finding out the real needs for the auditorium project and the projects objectives; Analysis the procurement routes for the auditorium project Evaluating the procurement strategy and the influence factors Implement procurement strategy and design team selection and contractor selection for the project Final handover for operation and review successfulness of the project There are many factors are able to influence on procurement strategy and subsequently influence on the selection of procurement route. We have listed down some most important factors for top management to consider for the procurement route. The project objectives and the clients capabilities HWU with a history dating back to 1821, has established one of the top UK universities. The objectives of the project are to build a new comfortable auditorium with high technology and to be able to complete within the cost limit, to the required quality and within the time constraints. In view of HWU is not a regular developer of works, the risk to HWU for this auditorium project shall be minimized. The HWU shall be the single point of contact and responsibility for the project during design and construction and in the event of the building failure. During the design stage, our HWU top management would like to implement their concerns and reliable ideas into the project. The high specification technology with special equipments would like to require some changes to the design due to the unable fixed cases. Risk management Risk management is critically important to project success. It involves identifying and assessing risk, assigning the right risk owners and continually managing, monitoring and reporting on key risks. (OGC03, 2007) In order to determine the most suited procurement route, the necessary comparison of varies procurement routes such as Traditional Route, Design Build route, Management Contracting Route Construction Management Route, etc will be done. Chosen of any route will have its own risks. When the procurement route is determined, the specific key risks, that HWU adopts, must be managed efficiently. The Project Constraints The constraints of the project are that contractor is able to consider the possible impact on neighbouring buildings and the potential concerns of the neighbours. They shall apply for a new entrance and temporary access to the construction site to minimize the impact to campus. The temporary access shall be reinstated to original. The noise pollution during the day time shall be limited in 75 dBA and in 55 dBA during night time. In order to raise the Environmental, Health and safety standard for this project, we have proposed to use the precast components for column, slab and staircase. The consideration and adoption of precast components is not only greatly simplified the construction sequence but also help to reduce construction wastage with such practices. Another consideration of reduce potential environmental impact is to adopt the interior drywall partition. Interior drywall is widely used in the commercial sector to build staffs offices. With consider the above factors, the procurement strategy shall be based on the following principles and guidelines:- The design should be fully meet the project objectives. The project should be based on a firmed price and limited time to construct. The auditorium must ready for operation by End of 2013 for the new intake in Jan 2014. The contract award should be based on the companys capacity and capability instead of lowest price. Selection of contractor intends low risk to HWU. 3.0 Procurement route selection and analysis Once the procurement strategy has been formed, the procurement route then can be selected with consider the clients specific requirement and how the clients risks will be minimized. Various procurement routes have emerged to identify the procurement systems in current use, some more advanced procurement practices are often used currently as shown in Figure 2. Traditional Procurement Routes The traditional procurement consists of the appointment of designer consultants by client before call for tender, and the appointment of a contractor on the other side after tender. The construction project is managed by HWUs project management with no concurrent sequence works that have to occur by following each other as brief, design, tendering construction. The traditional procurement route is varies in Traditional Sequential route and Traditional Accelerated route. Traditional Sequential route means the Contractors bid will be submitted based on the completed design documents and completed tender cost documents as normal. Traditional Accelerated route has requested the client to appoint the contractor earlier on the basis of partial information by negotiation or in competition. The contractor is able to be involved in the project as early as possible. The contractors experience, knowledge and existing materials and equipments can be considered in the final design. Design Build Procurement Routes The DB procurement route has changed the traditional sequence of work. It requires HWU to develop the tender documents that will send to possible contractors for provide and return their design proposal and relevant cost. DB has met the clients intend for a single-point of responsibility in an attempt to reduce clients risks and control the overall costs. DB is allowed the design and construction works concurrently to reduce the total project duration when compared with traditional routes. DB is also firmed the overall price prior to construction with low cost risk, so that HWU will not necessary to expend huge resources to close involvement. DB is varies in several types such as: Turnkey, Package deal, Design build, Develop construct. Turnkey is adopted the DBs principles and extended the contractors responsibility to include the commissioning and fit-out of facility, that same as EPC (engineering, production construction). The contractor has been placed with responsibility, risk and power and the client has the least risk in all procurement routes. Develop Construct is adopted DB with two-stage tendering and novation for give the client greater control over both design and cost. The client will has the higher risk among DB routes. Refer to Figure 3: Risk distribution among DB routes Management Procurement Routes Construction management is a construction manager who appointed by client to advise the client on a fee basis. The client has to involve into contracts with numerous contractors that requested the client is experienced and has to be totally involved with faster response to decisions. Construction management is normally suitable for complex building project. Management contracting can be defined as a management contractor appointed by client will advise client on the program and buildability. It requires the client a good quality brief and relies on a good quality project team. There are higher risk on the uncertain actual cost and total construction duration when compare with DB route. See below Figure 4: Risk analysis between Client Contractor. Other Procurement Routes There are other aspects of procurement routes such as Prime contracting, Partnering, Public-Private Partnerships (PPP), etc. Partnering is a procurement philosophy that will ensure the cooperating working between client and contractor and the problems can be solved over adversarial attitudes and practices. Partnering, Prime contracting and PPP procurement routes are mostly suitable for major and huge projects. In view of build the auditorium is a small project, it is recommended that these complex procurement routes are unsuitable or unnecessary. Procurement Route Selection In view of build a new auditorium is able to consider as a straightforward small project, we suggest that the Design Build procurement route shall be adopted. DB procurement route has considered and minimized the clients risk. Refer to the Figure 5: Summary of Client Risk in Advance Procurement Routes. The client has to avoid to loss control for the project and to avoid a very high price rate, the Turnkey and Pachage deal are not recommended for adoption in this project. Hence, we are suggesting to adopt the Design and Build to this project. DB is a more refined form of a package deal which obtained recognition from the JCT in 1981 with the publication of the JCT Standard Form of Building Contract with Contractors Design (CD 81). Figure 6 is shown the procedure of DB project. By chosen the DB procurement route, HWU knows the total financial commitment early in the projects life, and also knows that HWU does not introduce changes during the course of the works. DB has advised the direct negotiation and contact way between the client and the contractor. This has improved the communication lines and enabled the contractor not only to fully respond for the contract but also to adapt more promptly to meet the clients needs. The contractor is responsible for the whole of the design and construction of the building. Responsibilities are not split between designer and builder so that the client finds himself looking to separate parties in the event of a building failure. (BPS, 2nd Edition, 1990) 4.0 The Advantages and Potential benefits of DB route When the DB procurement route is chosen for the project, HWU starts out on a path to success by adherence to the objectives, time, cost and quality requirements of the project. Wider Choice of Design By invited three or more contractors to tender for this project, different with the traditional route, more designers will provide wider idea and design intend, HWU has the wider choice to select the best design that has fully understood and achieved the project objectives. Before HWU top management have decision to choose the contractor, they can input their concerns and comments to the design rather than request changes during construction stage. When both HWU and contractor agree with the amendment, the contract is ready to award accordingly. Time Cost Saving DB saves time and cost for the client, HWU, when it is providing the opportunity to achieve innovation in the delivered facility. Time and cost savings result from the ability of the design-build team to fast-track the project by overlapping the design and construction phases of the schedule. Because the HWU does not need to provide a full set of biddable construction documents, cost savings are also associated with design. Reduced Risk with lesser involvement DB allows the client, HWU, to avoid being placed directly between the architect/engineers and the contractor. HWU does not take on significant risk because of avoid the position on direct involvement. Even more importantly, the contractor will take the responsibility for design errors and omissions under DB route, and HWU is able to relive the major legal and managerial responsibilities. From HWUs view, the DB is a tool to fix many problems associated with the traditional route of contracting for design and construction separately and sequentially. We have also compared the procurement routes as shown in Figure 7. 5.0 The disadvantages of DB route A disadvantage of DB is that the contractor may use an existing building system or modular building form so that the contractor can reduce design time and save their own design fee, may lack aesthetic appeal. By chosen the DB procurement route, HWU is able to be aware of some serious failures among building systems and shall undertake careful research before award the contract. There is no independent architect and consultants to advice and to protect HWUs interests, is another disadvantage of DB route. In order to avoid a blind monitoring, HWU can employ an agent to perform this role on behalf. The agent shall supervise the works from brief, tender stage to design and construction stage, until handover the completed project to HWU, to make sure that the contractors proposal and works are complied with the required objectives and standard. Next, once HWU issued the contract, it will be costly for HWU to change the design, materials or works. HWU has to finalize the requirement before the tender and has to finally amend and confirm contractors proposal before sign the contract. Finally, HWU shall be aware of the responsibility for high quality risk. Some contractors concern with simplifying construction activities are able to lead to a reduction in design quality, as a result, it makes design and build inappropriate for this project in which high specification technology is required. Hence, HWU shall write clearly into the brief for the quality requirements. 6.0 The Alternative Procurement Route In case of the client has more concern on the cost control and changes of design and function, we have propose the Traditional Accelerated route as the alternative procurement route. As mentioned early in clause 3.1, Traditional Accelerated route has allowed the client to appoint the contractor earlier on the basis of partial information by negotiation or in competition. The two-stage tendering will be used to appoint a contractor as early as possible to the project. During the 1st tender stage, the design may not be completed and the tenderers will submit a price based on the available information. Until the 2nd tender stage, the additional design information will ready and the packages are finally priced. The client may comprise negotiation with the contractor (winning tender from 1st stage). When the price agreed, the client can award of the contract as traditional lump sum contract to contractor for commence the works. By compare with the traditional single-stage tendering, the benefit of Traditional Accelerated route to the client are: Shorten the tender period and quicker start on site works; Design stage can extend to construction period, may not requested to complete for tender package. By select the Nominated Sub-contractor, the quality is able to control by the client. The contractor can consider their experience to the design and their existing or extra resources to this project, that they may have a lower price package. The traditional accelerated route is suitable for our client who is not required much experience and the quality and buildability may also achieve the requirement. The client has to consider the risks during 2nd tender stage that the contractor may not meet the clients requirement. This can be resolved by spend more time to get alternative contractor involve and seek the agreement. 7.0 Demonstration of procurement Researches on Selecting Project Delivery Systems found that DB projects are delivered 33.5% faster than projects that are designed and built under separate parties. The researches also showed that DB project are constructed 12% faster for construction stage and have a unit cost that is 6.1% lower than traditional projects. (PDS 1998) 8.0 Conclusion The Design and Build is the recommended procurement route to HWU for this auditorium project. In order to achieve HWUs expectations and vision of delivery of the project, HWU is also to be an integral part of the design process. A well completed auditorium project with DB route will include HWU in the initial design process of programming and schematic design, and will include HWUs involvement not only in design stage meetings but also in the further interim reviews of the design, construction, functionality and even aesthetics at various steps along the design and construction process. DB has its ability to consider all relevant factors that would influence the desirability of the project. The best value selection of DB procurement route provides for the consideration of both cost, time and other more subjective factors such as project management, quality control and team reputation.

The P2P Piracy Prevention Act Attacks Consumers Essay example -- Techn

The P2P Piracy Prevention Act Attacks Consumers Peer-to-peer (P2P) networks have had a staggering growth in the past few years. Since Napster, dozens of P2P networks have been created in its imitation. Due to the growing accessibility of broadband, which increases the speed of downloads, P2P networks generate nearly 1.8 billion downloads per month. Popularity and acceptance is still continually growing. As many users see P2P software as just file sharing, entertainment industries and other big companies see it as copyright infringement and stealing from copyright owners without their rightful authorization or compensation. These companies complain that P2P file sharing threatens the survival of the industries and believe that there should be a law passed to protect the livelihood of the copyright holders. For some time now companies, copyright owners and Congress have tried to develop a security standard to protect copyrighted works from unauthorized reproduction and distribution, but they have not yet found a thoroughly effective solution. They know that shutting down all P2P networks is not the right response since file sharing is valuable to some extent since its method of sharing and transferring information supports a variety of efficient business models. Instead they want to deal with the copyright infringements that P2P networks facilitate. An option that copyright owners have considered toward protecting their works from circulating in P2P networks is to use a variety of technological tools to prevent piracy. Such tools would be capable of blocking, decoying and redirecting the connections of unauthorized copyrighted file transfers. However, federal and state laws such as the Computer Fraud and Abuse Act of ... ...ew models and adapting to newer ideas than trying to save their old ones. It is also up to the consumers to persuade these companies that they are willing to pay for entertainment as long as they can keep up with their demands. Works Cited Delio, Michelle. Wired News. July 27, 2002. The Dark Side of Hacking Bill. http://www.wired.com/news/politics/0,1283,54153,00.html Frequently Asked Questions about the P2P Piracy Prevention Act http://www.house.gov/berman/p2p_faq.html Maguire, James. Opinion: P2P War Gets Nasty. Yahoo! News. May 13, 2003. http://story.news.yahoo.com/news?tmpl=story&u=/nf/20030512/tc_nf/21489 P2P Piracy Prevention Act. Be Spacific. http://www.bespacific.com/mt/archives/002639.html">http://www.bespacific.com/mt/archives/002639.html Regan, Keith. Report: Many File-Swappers Buying Legit Music. E-Commerce Times. May 8, 2003 The P2P Piracy Prevention Act Attacks Consumers Essay example -- Techn The P2P Piracy Prevention Act Attacks Consumers Peer-to-peer (P2P) networks have had a staggering growth in the past few years. Since Napster, dozens of P2P networks have been created in its imitation. Due to the growing accessibility of broadband, which increases the speed of downloads, P2P networks generate nearly 1.8 billion downloads per month. Popularity and acceptance is still continually growing. As many users see P2P software as just file sharing, entertainment industries and other big companies see it as copyright infringement and stealing from copyright owners without their rightful authorization or compensation. These companies complain that P2P file sharing threatens the survival of the industries and believe that there should be a law passed to protect the livelihood of the copyright holders. For some time now companies, copyright owners and Congress have tried to develop a security standard to protect copyrighted works from unauthorized reproduction and distribution, but they have not yet found a thoroughly effective solution. They know that shutting down all P2P networks is not the right response since file sharing is valuable to some extent since its method of sharing and transferring information supports a variety of efficient business models. Instead they want to deal with the copyright infringements that P2P networks facilitate. An option that copyright owners have considered toward protecting their works from circulating in P2P networks is to use a variety of technological tools to prevent piracy. Such tools would be capable of blocking, decoying and redirecting the connections of unauthorized copyrighted file transfers. However, federal and state laws such as the Computer Fraud and Abuse Act of ... ...ew models and adapting to newer ideas than trying to save their old ones. It is also up to the consumers to persuade these companies that they are willing to pay for entertainment as long as they can keep up with their demands. Works Cited Delio, Michelle. Wired News. July 27, 2002. The Dark Side of Hacking Bill. http://www.wired.com/news/politics/0,1283,54153,00.html Frequently Asked Questions about the P2P Piracy Prevention Act http://www.house.gov/berman/p2p_faq.html Maguire, James. Opinion: P2P War Gets Nasty. Yahoo! News. May 13, 2003. http://story.news.yahoo.com/news?tmpl=story&u=/nf/20030512/tc_nf/21489 P2P Piracy Prevention Act. Be Spacific. http://www.bespacific.com/mt/archives/002639.html">http://www.bespacific.com/mt/archives/002639.html Regan, Keith. Report: Many File-Swappers Buying Legit Music. E-Commerce Times. May 8, 2003

Macbeth Appearance Vs Reality Essay -- essays research papers

In real life, we should not judge people solely on their appearances. There are many people who appear to be trustworthy but in reality, are not. Appearance versus reality is an important theme in William Shakespeare’s Macbeth. The theme focuses on characters who are deceived by what appears to be real, and on the tragic consequences that follow this error in judgment. These characters include, Duncan, who trusts Macbeth too much; Lady Macbeth, who tricks by the witches and herself; Macbeth trickes by other people in the play.   Ã‚  Ã‚  Ã‚  Ã‚  King Duncan trusts Macbeth too much. Macbeth appears as a super hero and faithful to King Duncan. He fights against the traitor Macdonwald, and he helps the king to solve a great problem that is won the war. Duncan trusts Macbeth very much because of Macbeth’s heroic efforts and he gives Macbeth a title Thane of Cawdor. Actually Macbeth is not that faithful to the king, he has the ambition to be the king when he hears the prophecies from the three witches. After Macbeth back to his castle, he plans to kill Duncan with Lady Macbeth, but Duncan doesn’t recognize this and goes to Macbeth’s castle to visit him. When he just gets in he says something very important: Duncan says, “This castle hath a peasant seat; the air/ Nimbly and sweetly reconnends itself/ Unto our gentle senses.'; (Act I, Scene 6, Lines 1-3) This quote shows that Duncan like Macbeth very much even he feels that Macbeth’s place is comfortable for him. Duncan never suspects the trustworthy of Macbeth and never does anything to guard himself. Macbeth kills Duncan easily. Therefore Duncan has deceived by Macbeth’s appearance.   Ã‚  Ã‚  Ã‚  Ã‚  Lady Macbeth tricks by the three witches. When Macbeth tells Lady Macbeth the prophecies from the three witches. Lady Macbeth thinks that it will be terrific for her to be a queen when Macbeth becomes the king. Lady Macbeth persuades Macbeth to kill king Duncan, and this action causes Macbeth to start his first crime. Lady Macbeth becomes sleeplessness, nervous and she kills herself. The witches’ appearance lets Lady Macbeth to her death ending. Lady Macbeth also tricks by the appearance of herself. In the beginning she thinks that she should persuade Macbeth to kill Duncan. When Lady Macbeth knows about the proph... ...ese lines Lady Macbeth shames Macbeth’s manhood by saying that everything is ready, they have the chance to kill the king, Macbeth should give out weakness like her and if Macbeth is a man he should kill the king. Lady Macbeth seems to telling him the right thing he should do and Macbeth listens to her, and does his major crime that is killing the king. Therefore Macbeth judges people in their appearance and led him into a tragedy.   Ã‚  Ã‚  Ã‚  Ã‚  According to the examples of the three characters in the play Macbeth who are deceived by the appearances of other characters, therefore the theme Appearance versus Reality is an important theme in the play. This theme focus on characters having error in judgment with the appearances of other characters, and deceived by other. This error of judgment let them in to tragedies. This theme is also very important to us and other people in our daily life, and I have known some of my relatives and friends who had also tricked by other people. Base on my knowledge from the examples of characters in the play, we should never judge people by their appearances, and I believe that time can clearly show the reality of people.

Return to Normalcy Essay

â€Å"Return to Normalcy† – United States presidential candidate Warren G. Harding’s campaign promise in the election of 1920. Doc 7 – Muscle Shoals – famous for its contributions to American popular music in the 1920’s. Doc 24 – Election of 1924 – Republican Calvin Coolidge wins election by a landslide. Doc 11 – Federal Farm Board – created in 1929, before the stock market crash on Black Tuesday, 1929, but its powers were later enlarged to meet the economic crisis farmers faced during the Great Depression. It was established by the Agricultural Marketing Act to stabilize prices and to promote the sale of agricultural products. The board would help farmers stabilize prices by holding surplus grain and cotton in storage. Doc 7 – Theodore Dreiser – an American novelist and journalist of the naturalist school. His novels often featured main characters that succeeded at their objectives despite a lack of a firm moral code, and literary situations that more closely resemble studies of nature than tales of choice and agency. Dreiser’s best known novels include Sister Carrie (1900) and An American Tragedy (1925). Doc 3 – T. S. Eliot – a publisher, playwright, literary and social critic and â€Å"arguably the most important English-language poet of the 20th century. † Although he was born an American, he moved to the United Kingdom in 1914 (at age 25) and was naturalized as a British subject in 1927 at age 39. Doc 1 – Fundamentalists – The demand for a strict adherence to specific theological doctrines usually understood as a reaction against Modernist theology, combined with a vigorous attack on outside threats to their religious culture. The term â€Å"fundamentalism† was originally coined by its supporters to describe a specific package of theological beliefs that developed into a movement within the Protestant community of the United States in the early part of the 20th century, and that had its roots in the Fundamentalist–Modernist Controversy of that time. Doc 20 – Billy Sunday – an American athlete who, after being a popular outfielder in baseball’s National League during the 1880s, became the most celebrated and influential American evangelistduring the first two decades of the 20th century. Henry Ford [Model T]- an automobile that was produced by Henry Ford’s Ford Motor Company from September 1908 to October 1927. It is generally regarded as the first affordable automobile, the car that opened travel to the common middle-class American; some of this was because of Ford’s innovations, including assembly line production instead of individual hand crafting. (23) flappers- a â€Å"new breed† of young Western women in the 1920s who wore short skirts, bobbed their hair, listened to jazz, and flaunted their disdain for what was then considered acceptable behavior. Flappers were seen as brash for wearing excessive makeup, drinking, treating sex in a casual manner, smoking, driving automobiles and otherwise flouting social and sexual norms. (8,9,14,22) Harlem Renaissance- a cultural movement that spanned the 1920s and 1930s. At the time, it was known as the â€Å"New Negro Movement†, named after the 1925 anthology by Alain Locke. Though it was centered in the Harlem neighborhood of New York City, many French-speaking black writers from African and Caribbean colonies who lived in Paris were also influenced by the Harlem Renaissance. 3) Marcus Garvey- a Jamaican publisher, journalist, entrepreneur, and orator who was a staunch proponent of the Black Nationalism and Pan-Africanism movements, to which end he founded the Universal Negro Improvement Association and African Communities League (UNIA-ACL). He founded the Black Star Line, part of the Back-to-Africa movement, which promoted the return of the African Diaspora to their ancestral lands. (10) Charles Lindbergh- an American aviator, author, inventor, explorer, and social activist. As a 25-year-old U. S.  Air Mail pilot Lindbergh emerged suddenly from virtual obscurity to instantaneous world fame as the result of his Orteig Prize-winning solo non-stop flight on May 20–21, 1927, made from Roosevelt Field[N 1] located in Garden City on New York’s Long Island to Le Bourget Field in Paris, France. (5,21) Twenty-One Demands- a set of demands made by the Empire of Japan under Prime Minister Okuma Shigenobu sent to the nominal government of the Republic of China on January 18, 1915, resulting in two treaties with Japan on May 25, 1915. 5:5:3:1. 75:1. 5 naval ratio- after World War I, many nations became concerned about the threat of another war and the possibility of an arms race. To address these issues in the naval arena, in 1922, Great Britain, the United States, Japan, France, and Italy signed the Five Powers Treaty at the Washington Conference. In the treaty, the powers agreed to a 5:5:3:1. 75:1. 75 ratio of naval tonnage and restrictions with regard to new building of both ships and bases. Young Plan- a program for settlement of German reparations debts after World War I written in 1929 and formally adopted in 1930. It was presented by the committee headed (1929–30) by American Owen D. Young. The reparations, set in January 1921 by an Inter-Allied Reparations Commission at 269 billion gold marks (the equivalent of around 100,000 tonnes of pure gold) were deliberately crushing. Teapot Dome Scandal- a bribery incident that took place in the United States in 1922–1923, during the administration of President Warren G. Harding. Secretary of the Interior Albert B. Fall leased Navy petroleum reserves at Teapot Dome and two other locations to private oil companies at low rates without competitive bidding. doc 24 Secy. of the Treasury Mellon (tax cuts)- Mellon came into office with a goal of reducing the huge federal debt from World War I. To do this, he needed to increase the federal revenue and cut spending. He believed that if the tax rates were too high, then the people would try to avoid paying them. He observed that as tax rates had increased during the first part of the 20th century, investors moved to avoid the highest rates by choosing tax-free municipal bonds, for instance. (doc 15 Progressive Party- was an American political party. It was formed by former President Theodore Roosevelt, after a split in the Republican Party between himself and President William Howard Taft. â€Å"The Lost Generation†- is a term used to refer to the generation, actually a cohort, that came of age during World War I. The term was popularized by Ernest Hemingway who used it as one of two contrasting epigraphs for his novel, The Sun Also Rises. (doc 9, Doc 13 Ernest Hemingway [A Farewell to Arms]- a semi-autobiographical novel written by Ernest Hemingway concerning events during the Italian campaigns during the First World War. The book, which was first published in 1929, is a first-person account of American Frederic Henry, serving as a Lieutenant (â€Å"Tenente†) in the ambulance corps of the Italian Army. The title is taken from a poem by 16th-century English dramatist George Peele. (doc 13 prohibition [Volstead Act]- prohibited the production, sale, and transport of â€Å"intoxicating liquors†, it did not define â€Å"intoxicating liquors† or provide penalties. It granted both the federal government and the states the power to enforce the ban by â€Å"appropriate legislation. † A bill to do so was introduced in Congress in 1919. (Doc 2 Immigration Acts (1921, 1924)- was a United States federal law that limited the annual number of immigrants who could be admitted from any country to 2% of the number of people from that country who were already living in the United States in 1890, down from the 3% cap set by the Immigration Restriction Act of 1921, according to the Census of 1890. doc 11, doc 17 Scopes Trial- was a landmark American legal case in 1925 in which high school science teacher, John Scopes, was accused of violating Tennessee’s Butler Act which made it unlawful to teach evolution in any state-funded school. (Doc 1 The Jazz Singer (Doc 7)- is a 1927 American musical film. The first feature-length motion picture with synchronized dialogue sequences, its release heralded the commercial ascendance of the â€Å"talkiesâ⠂¬  and the decline of the silent film era. Produced by Warner Bros. with its Vitaphone sound-on-disc system, the movie stars Al Jolson, who performs six songs. The â€Å"New Woman† (Doc 22)- was a feminist ideal that emerged in the late 19th century. The New Woman pushed the limits set by male-dominated society, especially as modeled in the plays of Norwegian Henrik Ibsen (1828–1906). â€Å"The New Woman sprang fully armed from Ibsen’s brain,† according to a joke by Max Beerbohm (1872–1956). Langston Hughes (Doc. 3)- was an American poet, social activist, novelist, playwright, and columnist. He was one of the earliest innovators of the then-new literary art form jazz poetry. Hughes is best known for his work during the Harlem Renaissance. Pan-African Movement (Document 10)- is a movement that seeks to unify African people or people living in Africa, into a â€Å"one African community† Differing types of Pan-Africanism seek different levels of economic, racial, social, or political unity. Spirit of St. Louis (Doc 21)- is the custom-built, single engine, single-seat monoplane that was flown solo by Charles Lindbergh on May 20–21, 1927, on the first non-stop flight from New York to Paris for which Lindbergh won the $25,000 Orteig Prize. Washington Naval Conference(NA)- also called the Washington Arms Conference, was a military conference called by President Warren G. Harding and held in Washington from 12 November 1921 to 6 February 1922. Conducted outside the auspices of the League of Nations, it was attended by nine nations. Dawes Plan(NA)- was an attempt in 1924 to solve the reparations problem, which had bedeviled international politics, in the wake of the Ruhr occupation and the hyperinflation crisis. It provided for the Allies to collect war reparations debt from Germany. Intended as an interim measure, the Young Plan was adopted in 1929 to replace it. Kellogg-Briand Treaty(NA)- agreement, signed Aug. 27, 1928, condemning â€Å"recourse to war for the solution of international controversies. † It is more properly known as the Pact of Paris. In June, 1927, Aristide Briand, foreign minister of France, proposed to the U. S. government a treaty outlawing war between the two countries.

Hypothesis through research Essay

Introduction This investigation aims to find the value of Young’s Modulus for a specific material, in this case nylon fishing line. Young’s Modulus (E) is a measure of a material’s stiffness, determined by the formula: The standard unit of measure for Young’s Modulus is the pascal (Pa). 1 pascal is the same measure as 1 Nm-2 (Nm being Newton Metre). A material always retains the same Young’s Modulus value regardless of how much it is stretched or strained, and this should be revealed in this investigation by gathering a definite value of the modulus for nylon. Hypothesis Through research that I conducted before starting the investigation, I have determined that the correct Young’s Modulus value of Nylon lies in the range 1-7GPa (the large range being due to different make-ups of Nylon with it being a compound). I should therefore be looking at achieving a final result within or very close to this range. Since stress is proportionate to strain in the Young’s Modulus formula, and the modulus value remains the same, I would expect the value of stress and strain to proportionally increase with each other. Experiment Plan In order to carry out this investigation into the value of Young’s Modulus of nylon, I will conduct an experiment to gather the values of stress and strain when increasing force is added to the material, and will take readings as weight increases until the breaking point of the nylon is reached. In order to calculate stress and strain, I will need to record each of the following variables throughout the experiment: Force applied to the material [F] (Newtons/N) Area of a cross-section of the material [A] (Metres-squared/m2). Original length of the material [Lo] (Metres/m) Amount of extension when the force is applied [L] (Metres/m) These variables will then allow the values of stress and strain to be calculated using the following formulas: This leads to a final Young’s Modulus calculation formula of: The set-up I will be using to carry out this experiment consists of the nylon fishing line suspended from a stand using a clamp, and another clamp to ensure there is no movement in the stand itself. I will create a suitable loop at the bottom of the hanging material so that weights can be added but will need to ensure this loop does not weaken any area of the material and cause a drop in the breaking point value, as this would compromise the reliability of my experiment and result in premature breakage of the length of nylon. At each stage of the experiment I will take readings of length using a standard 1m ruler, and will measure the area of a cross section by gathering the diameter value using a micrometer, halving this value to gather radius and then use the formula. Before any weights are added, I will need to take a control measurement of the length and area of the nylon before any stress or strain is applied. Once this is done I will proceed to apply weight in intervals of 100g (0. 981 N) and record the values of each variable stated at bottom of the previous page after each 100g weight is added, with the exception of original length which is a constant value and only needs to be recorded at the beginning of the experiment. I will continue to add weights until the material reaches its elastic limit and snaps, at which point I will record the force applied to break the object. In order to achieve an adequate number of results from each experiment to make a fair analysis and conclusion to the investigation, I will need to take a minimum of eight readings (i. e the nylon should withstand at least 800g/7. 849N). If this fails in the actual experiment then I will need to re-evaluate my plan and decide on a new method of conducting the experiment to meet this criteria. To increase reliability, accuracy and to eliminate possible anomalous results, I will aim to repeat the entire experiment three times to gather average readings.