Law for International Trade free essay sample

Because no terms in the contract or surrounding documents explicitly stated which governing law would be used it will be decided by the objective test. The most real and substantial connection is based on factors including the country in which the majority of the obligations under the contract are performed, e. g. manufacture, packaging, delivery; where the contract was formed, and what the currency of payment is. In this case the manufacture and packing is conducted in Australia, and the payment is in dollars and not yen, which would indicate the governing law is that of Australia. Under Australian law the rights and obligations of the parties are based on the contract, the Convention on International Contracts for Sale of Goods (CISG), and because Punked Jeans is based in Melbourne, the Goods Act 1958 (Vic) also applies. The CISG is an international sales code which attempts to balance the interests of the buyers and sellers. We will write a custom essay sample on Law for International Trade or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Countries can choose to become a signatory to the convention, which then acts as a net to hold terms not expressly covered by the contract. Both Australia and Japan are signatories to the CISG and so under CISG Article 1(1)(a) the CISG will apply to the contract. However there are exceptions where even if both parties have signed the CISG it still won’t apply. These exclusions are contained in CISG Article 2. In this case the exceptions aren’t applicable, and the parties haven’t explicitly excluded it (CISG Article 6), so the terms of the CISG will be enforced. Under CISG Articles 14-24 it can be shown that SurfLife and Punked Jeans entered into a legally binding contract. This contract contains the express terms, which is this case include the cost of the goods, the inclusion of CPT Incoterms 2010, the port of delivery (Osaka), the order amount and type, the due date, and the buyer and seller. The implied terms of this contract include the CISG provisions and the Goods Act (Vic) provisions. The CPT Incoterms which were set out as express terms in the contract detail the obligations surrounding the delivery and transportation of the goods that the buyer and seller have. Issue 1 – Lateness of Delivery: The first issue to be discussed is that of the late delivery, with the goods ordered to be delivered no later than the 1st of April, and arriving in Osaka on the 17th of April. If the goods were found to be delivered late it would be considered a breach of CISG Article 33. The time at which goods are considered to be delivered is determined by the CPT (Carriage Paid To) Incoterms. Under these Incoterms delivery is considered complete when the seller delivers the goods to the first carrier at the named place of shipment. As the goods were loaded onto the carrier on March 30th, delivery (which only required the goods to be unloaded at the place of shipment), was done before April 1st, therefore Punked jeans is not in breach of CISG Article 33. Issue 2 – Mouldy and Stained Jeans: The second issue in this case is that the delivered jeans were spoiled and mouldy. Prima facie the relevant laws are CISG Article 35, which specifies the seller’s obligations in providing conforming goods, and CISG Article 36, which specifies the seller’s liability for non conformity and the time risk passes, or occurs later as a result of a breach of obligations. Earlier it was shown that Punked Jeans did deliver the jeans, and therefore transferred the risk to SurfLife, at the point of delivery to the carrier, Feilong Transportation Company (Feilong). This means Punked Jeans has not breached Article 35 and 36 because the damage was caused after the goods had been delivered. Therefore Punked Jeans has no obligations to provide remedies for the mouldy and stained jeans and it would be up to SurfLife to make a claim against the carrier. Issue 3 – Incorrect Number of Jeans: The final issue between Punked Jeans and SurfLife is the incorrect number of jeans delivered. Punked jeans delivered only 14,000 pairs of jeans total, including 2,000 XXL size, which is double the amount that was ordered. Prima facie and incorrect number of jeans breaches CISG article 35, to provide conforming goods. As the goods were nonconforming when they were delivered to the carrier it would appear that Punked Jeans would be in breach. Feilong did provide a clean Bill of Lading, which indicates that they received the items in the correct condition, but since the Bill of Lading condition report only has to indicate the outward appearance of the items (i. e. the outside of the container the jeans were carried in), Punked would not be able to use this as evidence that the correct amount of jeans had been delivered, merely it would represent the correct amount of containers had been delivered and loaded. This means that Punked Jeans has indeed breached CISG Article 35(1), by delivering the incorrect quantity of jeans. This breach is likely to be considered a fundamental breach according to CISG Article 25 as SurfLife jeans has been substantially deprived of they were entitled to, receiving only 13,000 of the 15,000 pairs of jeans ordered. The extra 1,000 XXL jeans won’t be considered as making up some of the numbers as they are not useable by the company. Remedies: Under CISG Article 45 the buyer has a series of remedies available if the seller fails to perform any of his obligations. These include rights in Articles 46-52, and damages from 74-77. Remedies for the incorrect number of jeans that may be sought by SurfLife against Punked Jeans, in accordance with Article 25 (Fundamental Breach) and Article 51, include: delivery of substitute goods (Article 46), additional time period for delivery (Article 47), providing a self-correction remedy at Punked Jeans’ own expense (Article 48), declare the contract avoided (Article 49), or reduce the price paid for the goods (Article 50). The best course of action in order to remedy matter is to reduce the price the Punked Jeans charges for the goods by the amount of the missing jeans. This is because the demand for the jeans has passed, which makes Articles 46 and 47 ineffective; only part of the package hadn’t been delivered, making Article 49 ineffective; and a self-correcting remedy adds additional expense to Punked Jeans, as opposed (Article 48), as opposed to Article 50 which simply results in a lower income to Punked Jeans. However, SurfLife can still claim damages under CISG Articles 74-76. SurfLife can claim damages including loss of profits (Article 74), and the costs of purchasing replacement goods (Article 75). Unfortunately for Punked Jeans, SurfLife were smart enough to preserve the goods rejected for non-conformity (the extra XXL jeans), as under Article 86 if they hadn’t have kept them then they would not have a claim for the extra jeans. Conclusion: The result for Punked Jeans is that they are likely to have to reduce the price paid for the goods by 2,000 pairs of jeans, as well as providing damages for the loss of profit the SurfLife would have received from selling those jeans. In regards to the late delivery and mouldy and stained jeans SurfLife will have no claim against Punked Jeans. Part B: The main issues in the case are the late delivery, the incorrect number of jeans, and the mouldy and stained jeans. In order to determine the rights and obligations of Feilong Transportation Company (Feilong), and any resolutions available, there are a number of steps to be taken. What are the governing laws of the case? The governing laws in this case are the Carriage of Goods by Sea Act (COGSA) Section 11(a) which states that all carriage of goods from an Australian port to an overseas port select Australian law as the governing law. Section 10(1)(b)(i) states that the Modified Hague-Visby Rules (MHVR) apply in accordance with Article 10 of the MHVR. Under Article 10(1) of the MHVR the rules of the MHVR apply to outbound carriage of goods from Australia. The other laws applicable in this case are the CPT Incoterms, which were expressly defined in the contract. Can the buyer sue the carrier? In Australia law there is a general principle called the privity of contract. This means that the contract is enforceable as between parties in a contract only. This impacts the rights and obligations of Feilong to SurfLife and the carriage of the goods to Osaka was organised by a contract between Punked Jeans and Feilong (based on the CPT Incoterms) not between SurfLife and Feilong. Under the privity of contract principle it would then not be possible for SurfLife to sue Feilong. As seen in Part A the only claim SurfLife can have against Punked Jeans is for the incorrect number of jeans delivered. Section 8 of the Sea-Carriage Documents Act 1998 (Vic) allows for the transfer of rights under a contract of carriage to the successive holders of the Bill of Lading. Under section 10 the liabilities are also transferred in the process. This allows for SurfLife to sue Feilong as the holder of the Bill of Lading whilst the carriage was being made. A second important factor in the ability for SurfLife to sue Feilong is based on the MHVR. Under the Hague or Hague-Visby regulations a carrier would only be responsible under the rules from tackle to tackle, meaning from the loading to the unloading of the goods and no further. As the damage in the case occurred when loading the container on a truck to be delivered to the ship this damage would not have come under the carrier’s responsibility. Since the goods had been delivered it would not have come under the seller’s responsibility either and so SurfLife would have to cover the damages themselves. Under the MHVR Article 1(3) the responsibilities of the carrier extend port to port, meaning from delivery to the port until they are picked up from the port. This means the SurfLife is able to sue Feilong for any breaches that occurred after the goods had been delivered. A third important factor in who SurfLife sues is that they correctly identify he carrier, else the case will not succeed and they may lose the right to sue under MHVR Article 3(6) (discussed later). To find this out SurfLife should consult the Bill of Lading. Issue 1 – Late Delivery: In Part A it was established that delivery, according to the contract between SurfLife and Punked Jeans, was within the legal time period. However, MHVR Article 4A(2)(b) states that if the carriage contract (the contract between Punked Jeans and Feilong) does not spe cify a delivery date to the port of destination then a reasonable time period based what a diligent carrier would perform. This would result in Feilong being liable for the loss caused by the delay, which could include SurfLife’s costs of hiring trucks and getting employees to work overtime, as well as lost profits. Feilong’s defence would to argue MHVR Article 4A(3)(e) in which the carrier is excused from liability if it is for the purposes of saving human life or aiding a ship in distress. As well as this MHVR Article 4(4) states that any deviation as a result of saving or attempting to save life at sea will not be considered a breach of the rules, and the carrier will not be liable for any damages as a result therefrom. The end result would be that Feilong would not be responsible for any losses caused by the delay. Issue 2 – The Incorrect Number of Jeans: The second issue for Feilong is the incorrect number of jeans delivered. In Part A it was found that a clean Bill of Lading is indicative of the goods being received in correct condition, but as was pointed out this only applies to the external appearance of the goods, i. e. the outside of the container. As this was indeed in good condition Feilong has fulfilled its duty to receive and deliver the correct amount of packages, and therefore in his case would not be found liable for the missing pairs of jeans. Issue 3 – The Mouldy and Stained Jeans: The final issue is that of 5,000 pairs of jeans (100 boxes each containing 50 pairs of jeans) were delivered mouldy and stained. Prima facie Feilong is in breach of MHVR Article 3(2), which requires the carrier to take proper care of the cargo. As discussed earlier under the MHVR Article 1(3 ) the goods were considered to be in Feilong’s possession at the time they fell on the ground in the rain. Under MHVR Article 4 carriers aren’t liable when damage results from a list of exemptions. In this case it is possible that Feilong could argue MHVR Article 4(2)(n), insufficiency of packing. Feilong could argue that Punked Jeans hadn’t packed the product properly and that the plastic packaging burst when it shouldn’t have. There is evidence in the case that the goods were properly packaged and so this exemption would not be applicable. Feilong may be able to make the claim that the jeans would have been in a reasonable condition had they not had to deviate, due to there being less time for them to go mouldy. This would come under MHVR Article 4(4) or MHVR Article 4(2)(l) as the extra time was the result of saving life at sea. However, the damages are unlikely to be considered ‘arising’ or ‘resulting’ from this action, as the rules require, and so would not apply. Even if one of these exemptions were to be found applicable Feilong can still be found liable if the underlying cause of the damage is Feilong’s failure to exercise proper care in carrying out its fundamental duties in MHVR Article 3(2). It is therefore likely the Feilong will be found in breach of MHVR Article 3(2) for failing to take proper care of the goods. Damages: In the Bill of Lading there is a clause for the carrier not to be liable for any loss or damage arising from delay, and limiting liability to US$100 to a single shipper, however caused. Under MHVR Article 3(8) any clause or agreement in the contract of carriage that limits the liability of the carrier for failure in the duties and obligations in the MHVR is considered null and void. This means that these clauses aren’t applicable, even though they are expressly stated in the contract. The maximum damages Feilong will be responsible for is declared in MHVR Article 4(5)(a). If the value of the jeans was declared on the Bill of Lading then that value could be used, else the maximum amount the carrier would be liable for is 666. 67 units of account per package, or 2 units of account per kilogram. A unit of account is defined by MHVR Article 4(5)(d) as a Special Drawing Right as defined by the IMF. The rate as of 21/09/11 is US$1. 57. The definition of a package was determined in El Greco (Australia) Pty Ltd v Mediterranean Shipping co SA [2004] FCAFC 202 (PM3. 84) as being the amount stated on the Bill of Lading. In this case the Bill of Lading stated 1 container of jeans, which would means that the maximum damages, based on the number of packages, is 666. 67 * 1. 57 * 1 which is US$1,046. 67. The weight of the jeans is not mentioned, so unless this was contained on the Bill of Lading it couldn’t be used. Feilong may have a claim under MHVR Article 3(6) which requires notice to be given to the carrier of any damage within 3 days of removal of goods. If SurfLife did not provide notice then they would not be able to make a claim against Feilong. In conclusion Feilong is unlikely to be found liable for the delay in shipping, and the inadequate number of jeans. They are likely to be found liable under the MHVR to be in breach of Article 3(2) to take proper care of the goods. The exemptions listed in Article 4(2) will not be applicable, and so they will have to pay damages according to Article 4(5). The result is that Feilong will have to pay US$1,046. 67 in damages to SurfLife. Part C: The relevant laws would be much different if the goods were shipped from a manufacturing complex in Singapore. Although the cases would not be the same as determining the governing law in Australia, Singapore is based on the English common law system, and so would have a similar method. This would likely result in the governing law of Singapore being used. Singapore is a signatory to the CISG, however they did opt out of Article 1(1)(b), whereby the use of international private law could not lead to the application of the CISG. As both Japan and Singapore are signatories than Article 1(1)(a) applies, which still results in the CISG being applied. Punked Jeans would therefore still be liable for the missing jeans. Under FCA Incoterms the seller is responsible for the carriage, risk, and costs of the goods up until the goods are unloaded at the port where they are to be shipped from. This means the carriage would have been organised by SurfLife, and so SurfLife would have the contract with Feilong. SurfLife would not have to get around the privity of contract laws to sue Feilong for the damaged goods. The final difference is that Singapore has ratified the Hague-Visby Rules (HVR), not the MHVR that Australia has. The HVR states that the carrier is only responsible from tackle to tackle, from the loading to the unloading of the goods.

buy custom American Education vs. Foreign essay

buy custom American Education vs. Foreign essay Public education is in the United States of America is universally available for all. It is provided by three public sectors usually funded by the federal government, the individual state and the locals. However, a majority of American students of up to 70% lack financial resources to pay up their tuition fees in our schools. These students rely on students loans for their universities, the federal government or a private lender. However, a few charity institutions cover the tuition fees although scholarships are widely available. This puts into question the seriousness worlds superpower on its stand for knowledge transmission to its populace especially the youth (Warren and Eugene 1983, pp. 379). However, the US schools lag behind compared to others of the developed countries not mentioning the third world nations in the fields of science, mathematics, and reading. The USA is ranked 37th in the world in education spending as a percentage of GDP yet it has the largest and the most technologically driven economy in the world with per capita GDP of $47, 400. With this then, why cant education be fully funded by the federal government and leave alone the individual states and the locals to make America an equal opportunity land? This is because of the tax variation in the various states (Warren and Eugene 1983, pp. 379). Moreover, foreign students in the US rarely get fully funded by the state. They get their funding from their families and only about 20% receive their academic funding from their colleges or universities. International student scholarships in the USA are very competitive with annual undergraduate tuition varying from state to state. It is worth noting that private schools tuition is much higher than public schools as they are highly specialized technical institutes. This again poses the question of equality. Is American education bridging the gap between the rich and the poorbecause sophisticated education facilities are becoming a preserve for the higher class who can afford high tuition in private schools for their children? This is not in the spirit of the American togetherness. The funding of education in the USA is a complex process but the controversy arises much from the no child is left behind act which gives the department of education the USA the right to with holding funding if it believes a school , a district or even a state is not complying and is making no effort to comply. This is denies the universality of education for all and promoting the no spirit of liberalism (Rowena, November 2009). Compared to the French education system, the French education system is highly centralized, organized and ramified with the striking feature of small size and multiplicity of establishments in more or less broad spectrum of disciplines. Higher education in France, compared to America is state funded with very low tuition fees depending on the university and the different level of education (Rowena, November 2009). Contrary to another nation like Cuba where following the 1959 revolution, the Castro government liberalized all the education institutions creating a system entirely controlled by the central government with the government expenditures on education receiving the highest priority in funding the education sector. According to UNESCO Cuba allocates 10% of its annual budget to education compared to the 2% by the US government funding and the 4% funding by the United Kingdom. This is ironical to the worlds super power laying low tentacles on education sector. Irrespective of your class, income and your hoods, in Cuba, education is free for all at all levels. School uniforms and meals are provided for free with schools opening for close to 12 hours. There are also mobile teachers deployed to homes with children who are unable to attend schools. Over half of teachhers in Cuban primary schools have masters degrees. This has created literacy campaigns leading to Cuba being the highest in literate levels in the world. Students and volunteers go to rural areas to teach other country men to read and provide information on current Cuban politics as rural women receive job training and schooling outside agriculture. About 85% of parents send their children to public schools largely because of the funding. One tenth of the students are enrolled in primary schools with tax burdens by district schools varying from area to area. However parents may choose to educate their children from home with only 1.7% of the children educated in this manner. The high tax burden in schools has led to high school drop outs especially for African American male students. Do you still believe that America is still holding on as a land of opportunities for all with this inequality in education sector? No wonder in 2010, according to a report by organization for economic cooperation, American students were down in performance edging in17th rank worldwide majorly due to low end in socioeconomic scales leading to this low level of achievement (Rowena, November 2009). The USA government has done little in education to encourage high achieving in education. The low level productivity evaluations in the academics, allowing for low comparisons in the world is per se not amusing; the USA students average scores in international comparisons have been below average of the developed countries. This is a slap on the flamboyant America. We need to invest in our future generations, the legacy and the love for our nation, our dream and the future. America has all it takes ahead of other nations of the world as a land of heritage to invest highly in the education sector with full funding of our education system to make this not only the bets security hub and land of opportunities but also an academic bandwagon. Buy custom American Education vs. Foreign essay

PHP Troubleshooting When Page Loads All White

PHP Troubleshooting When Page Loads All White You upload your PHP web page and go to view it. Instead of seeing what you expected, you see nothing. A blank screen (often white), no data, no error, no title, nothing. You view the source ... its blank. What happened? Missing Code The most common reason for a blank page  is that the script is missing a character. If you left out a   or } or ; somewhere, your PHP wont work. You dont get an error; you just get a blank screen. There is nothing more frustrating than looking through thousands of lines of code for the one missing semicolon that is messing the whole thing up. What can be done to correct and prevent this from happening? Turn on PHP Error Reporting. You can learn a lot about what is going wrong from the error messages PHP gives you. If you arent currently getting error messages, you should  turn on PHP error reporting.Test your code often. If you  test each piece as you add it, then when you encounter a problem, you know the specific section to troubleshoot. Itll be in whatever you just added or changed.Try a color-coded editor. A lot of PHP editors- even free ones- color code your PHP as you enter it. This helps you pick out lines that dont end  because youll have large chunks of code in the same color. Its non-intrusive for programmers who prefer to code with no bells and whistles but helpful when troubleshooting.Comment it out. One way to isolate the problem is to comment out large chunks of your code. Start at the top  and comment out all but the first couple of lines in a large block. Then echo () a test message for the section. If it echoes fine, the problem is in a section further dow n in the code. Move the start of your comment and your test echo downward as you work through your document, until you find the problem. If Your Site Uses Loops If you use loops in your code,  it could be that your page is stuck in a loop that never stops loading. You may have forgotten  to add  Ã‚  to the counter at the end of a loop, so the loop continues to run forever. You may have added it to the counter but then accidentally overwritten it at the start of the next loop, so you never gain any ground. One way to help you spot this is to  echo() the current counter number or other useful information at the beginning of each cycle. This way you might get a better idea of where the loop is tripping up. If Your Site Doesnt Use Loops Check that any HTML or Java you use on your page isnt causing a problem  and that any  included pages  are without error.

Talk about science of astronomy Essay Example | Topics and Well Written Essays - 1500 words

Talk about science of astronomy - Essay Example It is from these humble beginnings that astronomy takes off to become one of the important sciences, as it provides the means to look back to the origin of all life including human kind, as well look forward to provide glimpses of what could happen in the future to the universe that we all live in. Early astronomy made known to the ancients the existence of five planets Mercury, Venus, Mars, Saturn, and Jupiter besides the sun, moon and the stars with their visibility to the naked eye. To the Egyptians and the Chinese go the initial credits in astronomy. The Egyptians divided the stars into constellations, but in a different manner than what is known today, and the Chinese with their keen observation came to understand eclipses. However, early astronomy was affected significantly by the limitations of the vision of the naked eye. This gave rise to many fallacies that were to remain a part of early astronomy. These fallacies included the belief that the earth was flat and the earth was the centre of the universe, around which all other objects in space went round and round. That was what they saw and hence the believed it. It was not until development of astronomy in its true form, in Greece from approximately 600 B.C. onwards that there was a better understanding of the universe we lived. It was Aristotle who, based on his observations, suggested that the earth was round. Eratosthenes in 240 B.C. calculated the circumference of the earth, and Hipparchus drew up an accurate catalogue of the stars. Amidst these contributions from the Greeks was also the contribution of Ptolemy towards extending the false geo-centric belief, as he devised an ingenious system to explain observations on earth from a geo-centric perspective. The Church was to extend support to this theory and it remained in place for many centuries, right up to the fifteenth century. In the sixteenth century Nicolas Copernicus based on the observations of the movements of the sum moon and

Business-Level and Corporate-Level Strategies Essay - 4

Business-Level and Corporate-Level Strategies - Essay Example Among many of them, one of the most essential business-level strategies is transnational strategy (Funaru, 2010). According to this strategy, the organization desires to sell its products in global markets comprising of all the essential features and specifications of the local customers. It is done to meet the needs and preferences so as to develop a renowned position in the market among other rivals. Not only this, the profit margin and revenues of the organization might also get enhanced due to its global presence among other competitors (Toyota, n.d.). Apart from this, the management of Toyota Motor Corporation also introduced the strategy of KAIZEN, so as to develop a strong global presence. KAIZEN means continuous improvement of the features and specifications of the products as per the requirements of different markets to create a position in that market. So, it might be depicted that the transnational strategy is the extremely essential for an organization operating successfu lly in automobile sector in long-run (Funaru, 2010). Transnational strategy is the most essential strategy implemented for long-term success as it might facilitate Toyota Motor Corporation to attain a global presence. It might not remain restricted in domestic markets resulting in amplification of the total sale and profit margin of the organization (Toyota, n.d.). ... Justify your opinion. The corporate level strategies of an organization are also essential just as business-level policies (Funaru, 2010). In order to attain a global presence, Toyota Motor Corporation implemented varied types of strategies such as diversification to some other sectors. In order to attain profit margin and brand image, Toyota Motor Corporation decided to get diverted to handloom sector along with automotive segment (Toyota, n.d.). Apart from this, it also decided to go for joint venture and retrenchment. In order to penetrate in various global markets, Toyota Motor Corporation utilized the strategy of joint venture to enter the global markets as its entry is restricted due to trade barriers and presence of varied competitors (Toyota, n.d.). However, diversification is the most essential strategy followed by Toyota Motor Corporation to enhance its brand image and reputation in varied international market among other rivals (Funaru, 2010). It might also prove effective for the organization to improve its profit margin and revenues in long run as compared to others. As a result, the corporative goals might also get fulfilled in an effective way resulting in improvement of the portfolio of the organization (Toyota, n.d.). 3) Analyze the competitive environment to determine Toyota Motor Corporations’ most significant competitor. Compare their strategies at each level and evaluate which company you think is most likely to be successful in the long term. Justify your choice. The competitive environment of the Toyota Motor Corporation is extremely fierce and un-predictable. It may be analyzed with the help of Porter’s five forces model. Competitive rivalry: The competitive

Energy Drinks Market Essay Example for Free

Energy Drinks Market Essay Introduction The objectives of this report are to identify how the Energy Drink market is segmented according to demographic, geographic, psychographic and behavioral variables. The Energy Drink industry which is dominated by Red Bull and V energy drinks is worth 151 million dollars and is growing by 47% per year. Energy drinks is the fastest growing category in the soft drink market. I have chosen three different companies in this report to analysis which segments they target, Powerade, Red Bull and Coca Cola. Red Bull is the market leader in energy drinks and Coca Cola which is very good at mass marketing has fallen behind and needs to adopt new and exciting marketing techniques to appeal to the younger demographic. I have also selected three different sub-brands to explain how the product is positioned. I have chosen Powerade Energy Edge, Red Bull Sugar Free and Coca Cola’s new carbonated green tea drink Enviga. Demographic Demographic segmentation consists of certain variables such as age, gender, income, ethnic background and family life cycle. Energy drinks are targeted to the 20-34 age brackets. Energy drinks target generation y and generation x by using modern labels and exciting ads with dance music, and extreme sports. The older generations such a baby boomer would be more inclined to stick with coffee for a quick pick me up. There is more emphasis on marketing to males but lately there has been an increased interest in marketing to females by producing low calorie, low sugar energy drinks. Income of the consumer is not an important characteristic because of the low price of energy drinks. Geographic Geographic segmentation describes segmenting markets by part of the world, region of the country, market density, market size or climate. Energy drinks practice geographic segmentation by advertising higher in more fast paced, high density urban areas rather than sleep country town. This has to do with the hectic lifestyles most people live that work in high density, big cities. Another contributing factor is the higher population. Also energy drinks would geographic segment a product in countries or regions with higher temperatures because energy drinks are best drunk cold so in colder climates people would tend to purchase a hot drink such as a coffee for a caffeine induced energy burst. Psychographic Psychographic segmentation refers to market segmentation on the basis of socioeconomic status, values, attitudes and lifestyle groupings. Social class does not matter when it comes to energy drinks because any one can purchase a can from the local shop or petrol station at a reasonably cheap price. People’s interest in energy drinks is sometimes affected by their lifestyle. For example people who work long hours, work hard, don’t sleep enough will be more inclined to purchase energy drinks because of the practicality and energy buzz afterwards. And now even energy drinks are targeting people who try to live a healthy lifestyle by promoting their products as low calorie, low sugar and claim they increase your metabolism. Behavioral variables Behavioral segmentation allows companies to group customers and buyers into segments according to the benefits they seek from the product. Occasion status is when customers can be grouped according to the occasion when they get the idea to purchase an energy drink. Energy drinks are often consumed before work and any other part of the day when an individual is feeling tired, but energy drink companies are now promoting the beverage as a good pre exercise drink for an increased physical performance. Benefits sought are an effective way of identifying buyers according to the benefits they seek from energy drinks. The main benefit segments for energy drinks are, taste, economic, health and the energy burst. Some people might prefer to purchase a product that claims to give more of an energy burst then another product, even if the taste is less desirable. Some products that are produced and marketed to have fewer calories and less sugar might be purchased instead of a product that is high in sugar even though it is more expensive. Red Bull/ Powerade/ Coca Cola Red Bull Red Bull targets generation y. High School and university students trying to cope with study. Also red bull mainly targets male with its original product, On the Red bull website there is two whole sections that specialize in extreme sports and motorsports. This shows that Red bull targets males in generation Y and also in generation X. Red Bull sponsor extreme sporting events such as air racing. Also Red Bull targets segments of the population that have little time and often need a refreshing drink that gives them energy. Red Bull also caters for the health conscience individual and females by producing a low sugar energy drink. This drink which is called Red Bull sugar free comes in a light blue can that would target the female population. Red Bull also target long distance driver, this can be seen when you walk into any petrol station by the size and amount of advertising. Powerade. Powerade have four different kinds of products, they have Powerade Energy Edge, which is designed for pre-sports, Powerade Isotonic which is best for during sports or any time during the day, Powerade Recovery which is formulated for after sports because of the protein contained in the beverage. Powerade also make a powder that can be made into a Powerade sports drink after water is added. This powder targets the money conscience individual that would rather make it in bulk to save. It also targets sporting clubs and larger groups who can make a big batch for a team or group of some sort. The logo on each of the three drinks also gives the customer hints to what it’s designed for. Powerade energy has a picture of a athlete about to race, Powerade isotonic has a picture of an athlete during a race and Powerade recovery has a picture of an athlete finishing his race. Powerade mainly target generation y and generation x. The company does not target a specific gender but markets to health conscience people and athletes. This is shown by their advertising and sponsoring of sporting associations, and clubs such as the AFL, The Wallabies, and The Perth Wildcats. Powerade also sponsor world class athletes. Powerade are different from other energy drinks because they do not market so much that the consumer will get a quick burst of energy through caffeine but more of a healthier, burst of energy through high carbohydrate drinks. This is more suited to athletes rather than your average tired person. Powerade also take a much more scientific approach compared to the other energy drinks on the market by claiming to have tested their products on athletes. Coca Cola. Coca Cola is spending a lot of money on marketing a couple new energy drinks to try and break into the massive industry of energy drinks which has long been dominated by Red Bull and V. Coca Cola has emphasized on targeting the young healthy demographic. The first of its products is Mother, an all natural juice based energy drink, which claims to contain a potent Amazonian berry , acai. Another new product by Coca Cola is Enviga, this carbonated green tea beverage claims to burn calories after drinking. Coca Cola have produced two drinks to market to two different segments of the population, Mother which has been marketed to young males and Enviga which is made to appeal to young women. Mother Energy drink is positioned to target young males, an example of this is the logo on the front of the can resembles a tattoo. Products/ Sub-brands Powerade Energy Edge Powerade energy edge is specially formulated to provide fast and effective hydration for pre-sports and they claim it has been scientifically proven. The products attribute which are ingredients that contain caffeine, electrolytes, and B-vitamins position the product to appeal to athletes. It is positioned to be used whenever a person need fast and effect hydration or more predominantly before sports. Its benefits claim to be enhanced physical performance. Powerade’s main competitor Gatorade does not produce a drink specifically designed for pre-sports because of the added caffeine. Red Bull Sugar Free Red Bull Sugar Free is positioned to target young adults and largely women because of the advertised low calorie low sugar attributes of the product. The can of the sugar free variety is different from the standard Red Bull as it comes in an aqua blue can, this would suggest that the product is positioned to be more attractive to females. The benefits of this product are claimed to be increased performance, reaction and speed; improves emotional status, increased metabolism and low calories. Coca Cola’s Enviga Coca Cola’s Enviga is a carbonated green tea beverage that claims to increase your metabolism and burn calories because of the presence of green tea and caffeine. The main attributes of this product are green tea and its low calories (five per can). They claim the amount of green tea in their can is higher than most other green tea drink and they list the benefits of green tea as rich in antioxidants, support cardio-vascular health, help your body fight free radicals and helps your body burn more calories. These attributes position this product to aim at young women who want to be healthy and even the health conscience male. The usage occasions for Enviga are anytime throughout the day but they recommend having three cans a day for maximum calorie burning. The drinks come in three flavours natural green tea, berry and pomegranate, and each can has bright colours on the front which further suggests the drink is positioned for women. Reference 1. Kotler, P. , S. Adam, L. Brown, and G Armstrong. 2006. Principles of Marketing. NSW: Pearson Education Australia. 2. Red Bull. 2008. http://www. redbull. com (accessed September 1, 2008). 3. Powerade. 2008. http://www. powerade. com. au (accessed September 1, 2008). 4. Enviga. 2008. http://www. enviga. com (accessed September 1, 2008). 5. Coca Cola. 2008. http://www. coca-cola. com (accessed September 1, 2008).

The Adventures Of Huckleberry :: essays research papers

Every day society is imposed upon by awful messages. Not one day passes in which we do not see something terrible or obscene on television, and most people have been exposed to the usage of racial slurs. It is hard to understand why a book should be banned if it has this subject matter in extremely small amounts. The decision should be left up to the potential reader of The Adventures of Huckleberry Finn because making the book required would be just as ridiculous as completely banning it. The Adventures Huck Finn is an outstanding novel with absolutely no reason at all to be banned at any school across the globe.   Ã‚  Ã‚  Ã‚  Ã‚  This novel by the extraordinary author Mark Twain is an exceptional piece of literature. The book itself may have a few credits to its disadvantage, but those credits against it are so minor that they should not be taken into account.   Ã‚  Ã‚  Ã‚  Ã‚  One of the downsides of The Adventures of Huckleberry Finn is the usage of certain racial slurs. The word 'nigger'; appears 189 times, but it should not make a substantial impact on a reader. This word itself may be quite offensive; particularly in the beginning of the book, but towards the middle and end, the racial term is not used to degrade people of the African American race.   Ã‚  Ã‚  Ã‚  Ã‚  The most prevalent misuse of the word 'nigger'; is in the introductory part of the novel. This racial slur is mostly abused by Huck's father, Pap. Pap represents the average misinformed 'redneck.'; In each appearance that Pap had in the book, he had criticizing words for whatever was going on around him. For example, he was making fun of the North because black people were allowed to have freedom. Pap had many stereotypical views. None of those should be taken greatly into consideration seeing as how Pap was intoxicated in all of his appearances throughout the book. Pap had a sever alcohol problem. He would have spent every last dime that he or Huck had to buy alcoholic products. His behavior not only mad him quite drunk but abusive as well. Huck was held like a prisoner by Pap, and Pap even almost killed him once. Pap shouldn't be taken seriously by the potential readers of Huck Finn.   Ã‚  Ã‚  Ã‚  Ã‚  People who read The Adventures of Huckleberry Finn have to keep in mind that the time setting was in the pre-Civil War era. During this time period, may people had the common misconception that black people were merely property. The slaves were hardly ever treated as human beings.

Apush Paper (It’s Fail)

James Jun Pribaz APUSH 5 13 February 2013 Frontier Thesis- Summary, Agreement, and Why â€Å"The existence of an area of free land, its continuous recession, and the advance of American settlement westward explain American development. † In this article, Frederick Jackson Turner believes that, in relation to his frontier thesis, the history of the United States is most influenced mainly by how Americans had assimilated the West into the culture they held.The frontier, in Turner’s stance, was where settlers had restarted civilization as a whole and begun to redevelop the conditions present further east in the United States. By doing so, the frontier is classified as being the most rapidly Americanized area in the whole nation; however, the frontier also influenced the culture of the United States by promoting individualism, American ingenuity, and a restless amount of energy. Additionally supporting his argument, Turner also pointed out the dangers of having no frontier. Turner began to question the possible outcomes from the dissipation of the frontier.Historians, on the other hand, took up a different view on the frontier and its effect on American culture. The historians believed that, instead of the frontier, other factors had influenced the history of the United States, such as slavery, the Civil War, capitalism, and slavery. Furthermore, they hotly contested Turner’s claim of â€Å"free land. † The historians declared that the land, which was inhabited by the Indians, was in all actuality not free at all as countless wars had been fought for this land, resulting in many deaths.The historians also challenged Turner’s thesis by stating how communities, corporations, and even the federal government had allowed the inhabitation of the West, instead of individualism. Therefore, Turner’s thesis and the thoughts of the historians contrasted sharply; however, both sides acquiesced to the idea that the West had influenced u s to some extent. I disagree with the â€Å"frontier thesis† that Frederick Jackson Turner had claimed was true.Instead of the frontier influencing the history of the United States, I agree with the historians that many other factors had played a role in molding how the nation progressed. Events like slavery, the Civil War, capitalism, the railroad, immigration, and numerous inventions all had significant impacts on how American culture came to be. Turner also emphasized how the land was free on the frontier which could clearly and concisely explain the development of the nation. In contrast, I believe that the land in the west was free in thought, but not free in reality.As more and more settlers poured to the west after the Homestead Act, it became rather evident that the West offered little to no prosperity. The weather was dreadful, life was relatively isolated as most western settlers were farmers, and the soil was inhospitable to crops. Therefore, I diverge on the stanc e that Turner advocated for, which stated that the frontier had mainly impacted American history, and hold that countless other factors had played a great part in America’s development, not just one particular one.

How is John’s relationship with Elizabeth different from that with Abigail? Essay

The relationship betwen John and Abigail had more physical chemistry and lust compared to that between John and Elizabeth, who kept a more estranged and distant relationship. This is seen from Abigail’s flirtatious relationship with John, with Abigail caught admiring John physique, â€Å"absorbing his presence, wide-eyed†, in comparison with Elizabeth, who simply â€Å"receives† John’s kiss and remains indifferent towards his warm approaches. With that, we understand that John and Abigail shared a more romantic and passionate relationship between them, compared to the cold and slightly distant relationship between John and his wife. This is probably due to the fact that Abigail is more emotional and reciprocrates John’s feelings for her openly unlike Elizabeth, who tends to be more frigid and timid. With the contrast in characters, we see how each of them responds to John’s affections differently, with Elizabeth holding back from him due to t he affair he previously had. This attraction between John and Abigail is further seen in a short exchange between them, where John reacts to the flirtings with â€Å"a knowing smile†,while Abigail pushes on and asks for â€Å"a soft word†, while the Proctor household remains cold and lacking in warmth and passion. John and Elizabeth both show true concern for one another while the relationship between Abigail and John is very superficial and self-serving. This is evident where John defends Elizabeth from Abigail’s malicious comments, ordering her to â€Å"speak nothin’ of Elizabeth.†, showing that John truely does care for Elizabeth and would stand up to anyone who bad-mouths her. His protective action is a display of geniune love and his commitment to stay devoted to his wife, thus portraying him as a good and repentant husband. This is unlike his relationship with Abigail, who he later calls a â€Å"child†, that sports a condescending tone. He tries to forget all past ties he had with Abigail, even teling her that â€Å"we never touched†. He turns away from Abigail’s desperate pleas to come back to her and simply puts her away, after making use of her love for him. With that, we understand that John probably never geniunely cared for Abigail and only took advantage of her youth and naà ¯ve self to satisfy his selfish desires. John shows sacrificial love towards Elizabeth while Abigail and John’s relationship arise out of selfish desires. This can be seen when John risks his reputation to protect Elizabeth from the courts. He shows open defiance and â€Å"ripping (rips) the warrant† when Cheever comes to arrest his wife. By putting aside his pride and â€Å"white name†, he shows the reader his unconditional and unfailing love for Elizabeth. He even tries to bribe Herrick to let Elizabeth go, exclaiming â€Å"I’ll pay you!† desprately in a bid to rescue her. Although Elizabeth treated him coldly with suspicion for the past, he was still willing to give up his good name for the one he loved. He promises her a safe return and puts in all his strength to save his wife. In contrast, however, his relationship with Abigail does not show any of such love, with Abigail ending up having to plead with him for acceptance. She exclaims† John, pity me, pity me!†, begging de sperately in tears and practically clinging on to him with every ounce of energy she had . John however rejects her coldly and does nothing to comfort or assure her.

Jetblue Ipo Essay Example

Jetblue Ipo Essay Example Jetblue Ipo Paper Jetblue Ipo Paper JetBlue Airlines, a low-fare commercial airline, has planned to go public towards the end of 2001. During the process the firm had restructured their initial price from $22- 24 per share to $26 – 28 per share. Advantages / Disadvantages of the IPO Decision There are considerable advantages with obtaining equity through the IPO process. There are, however, some drawbacks that also need to be taken into consideration. Some of the advantages and disadvantages are: Advantages| Disadvantages| Equity value is established for the firm * Current shareholders can diversify personal portfolios| * SEC requires public disclosure of financial information (transparency) * IPO expenses| * Liquidity of stock increases| * Owner restricted to immediate cash-out| * Easier to raise capital in the future| * Sharing of future earnings with outsiders| | * Legal liability| Exhibit A in the appendix outlines some additional key advantages and disadvantages of going public through the IPO process. IPO Valuation Techniques Deriving a value for an IPO is the critical part of the process. In both fixed price and book building offers some form of initial price must be determined by the investment bank. Key methods are used to determine the value of a company and thus the initial IPO price includes: * Discounting Methods: based on a firms intrinsic value (future cash flows) * Comparable Multiples Method: value based on similar publicly traded companies Using information from the case we perceived the IPO pricing of $24-26 was determined by using the comparable multiples approach. Therefore, we will use the discounted cash flows method to determine an introductory price and evaluate whether it is in-line with the current proposed price. Exhibit B provides a description of each method. Discounted Cash Flow Recommendation It is our recommendation for the firm to set the price range for the IPO at the adjusted rate of $26 to 28. Although more value is achievable through a higher price, the lower range will meet the needs of the firm, maintain interest in the share, and possibly give large returns to the investors right away. Advantages and Disadvantages of Going Public through the IPO Process Advantages The partners can obtain a true value of the shares they possess in the company * Partners can remove their signatures from the lines of credit and thus, are no longer personally liable to the creditors * The overall financial condition of a company is improved as it brings in non-refundable money * A broader capital base gives the company more access to credit whi ch gives the company an option to venture into new business opportunities * Capital raised in an IPO can be used to pay off debt and thus reduce the interest costs and enhance the company’s debt to equity ratio * The value of the stock may see an upward trend thus increasing the initial investor’s financial wealth * When a company goes public, it attracts the attention of the media and financial community thus providing free publicity and helps in creating a better corporate image * By going public and listing on a stock exchange it can directly foster public reputation in general Disadvantages The market is extremely unpredictable and an unsuccessful IPO can result in a great loss of time as well as money for the company * The ownership of the partners is dissolved and they become mere employees who are responsible to the shareholders and Board of Directors * Continuous dealing with shareholders and the press is a time-consuming process * Shareholders judge the perfor mance of the company on the basis of the profits and stock price and may cause managers to overlook the long-term strategic objectives * The company needs to make nation-wide presentations about its performance to the interested shareholders, brokers and the investment bankers * The company’s continued success may bring a lot of close scrutiny by the public * Large amounts of fees and expenses are associated with a public company on a continual basis commissions, advertising costs, securities exchange fees etc. Exhibit B: IPO Valuation Techniques Discounting Methods Theoretically, the price of a share is derived by discounting all future cash flows that accrue to shareholders. These techniques are used throughout industry; however, they do suffer in practical application due to the risk associated with forecasting both revenue and expenses (Draho, 2004). The two most frequently used discounting methods include the discounted free cash flows (DCF) and a residual income model (RIM). * Discounted Free Cash Flows Free cash flows are defined as the cash flows from operations after investment in working capital and any capital expenditures. These cash flows are considered more appropriate than accounting earnings which include non cash items such as depreciation that cannot be used to pay shareholders. Cash flows are used to pay dividends and thus capture true value for the investor. These cash flows are then discounted using a risk adjusted rate. The rate is estimated either by using the capital asset pricing model (CAPM) for a 100% equity company or by calculating the weighted average cost of capital of the firm’s debt and equity (Geddes, 2003). * Residual Income Model The DCF model requires accounting earnings to be converted to cash flows. This is considered inappropriate as accounting values do not take into consideration the time value of money and may be subject to manipulation by way of accounting methods. The RIM is similar to the DCF method in that both methods use a risk adjusted discount rate. The RIM model, however, utilizes the difference between the realized earnings and the expected earnings, where the expected earnings is the cost of equity multiplied by the start of period equity book value (Draho, 2004). Comparable Multiples This is the most common method used by investment banks to value IPO’s. Its fundamental approach is the comparison of ratios of companies that operate in similar businesses that possess the same characteristics of risk, current and future profitability and growth prospects. There are number of ratios that can be used under this method, the most common being: * Price/Earnings multiples * Price/EBIT Market value/Book value * Price/sales The successful application of this method lies in choosing an appropriate comparison company. One method used by practitioners is to select up to 10 company’s operating within the same industry and to use the group’s median multiple to value the issuer. The second and most common method is to select 3-4 companies that are direct competitors within the particular industry to the issuer. The third method is to use multiples of firms that have recently gone public assuming all issuers share common valuation multiples. The comparable multiples method is a popular method to value an IPO due to its simplicity and accuracy. With the use of multiples there is no need to estimate the cost of capital, neither is there a need to depend on forecasted earnings and assumptions of valuation models. The use of multiples is supported by the assumption that relevant ratios capture the markets estimate of risk and growth. References Bruner, R. F. , Eades, K. M. , Schill, M. J. (2010). Case Studies in Finance: Managing for Corporate Value Creation. New York, NY: The McGraw-Hill Companies. Damodaran, Aswath. Damodaran Online: Home Page for Aswath Damodaran. Welcome to Pages at the Stern School of Business, New York University. Web. 1 July 2010. http://pages. stern. nyu. edu/~adamodar/. Draho, J. (2004). â€Å"The IPO Decision: Why and How Companies Go Public†. Cheltenham, UK: Edward Elgar Publishing.

Autism and Psychology

We have been designed from birth to need and trust and socialize with one another in various ways. Yet, why is it so difficult for some but not for others. I have a four year old Autistic son that also has severe developmental delays due to prematurity and birthing complications. There are days that he gets frustrated at not even being able to communicate basic needs or just wants to be in his own world, left to his own device. That for anyone is rough, but knowing I am his mother makes it worse. Social interaction is such an important part of growing as not only a human being, but also for the brain. Even from the beginning of time man has leaned on the premise of needing that companionship and contact with the world around them. Being from the South, you are instructed and taught from day one to be cordial and have social interactions regularly with others in and out of your class, race, or religion. But what if you cannot convey and relate to the social customs? Does that mean you are to forever be labeled as a deviant, eccentric, or antisocial? If it is funding that you have mental issues you don’t discuss them or you are forever looked at as a child. Traditionally, that means that these individuals were ostracized, stigmatized and even eliminated for the good of the whole, as the compromised the very fabric of society by proposing to build a group of individuals, somewhat like a cult, that were interconnected forever( Aronson, 1995). Animal test subjects have been well conditioned to run through mazes or pressed bars for food or to avoid electric shocks administered by researchers; likewise humans comply within similar consequences. Furthermore, it has also been documented that behavior motivated by external consequences is relatively short-lived, ceasing with the consequence is no longer available (Thompson, Iwata, 2001). This can even be seen when a mother is watching her children, and then steps out. The children understand to behave in both situations and the latter situation may have a punishment if that direction is not followed properly. Yet, as soon as the mother steps out, the non-conformist child will misbehave, only because of the punishment, even if the other sibling(s) is behaving themselves properly. Something stops a child like this from comprehending why this is wrong and what is truly acceptable. This may be in part to some issues with the connections to neuro-transmitters or lack thereof. Often times these children are not even motivated by reward systems, they will continue to misbehave at some point even when the mother returns, almost challenging her. Therefore, they will never be in society as an integral part, but as part of the problem. This, however, is not true for Autistic children. They wish to be the same, but again, the neuro-transmitters misfire and do not allow for them to ‘compare apples to oranges’. In 1943 Leo Kanner named such children as, socially withdrawn. He outlined the social disorder in 11 boys that he studied as an â€Å"autistic disturbance of affective contact† because of their apparent disinterest in other people and inability to be socially influenced (Kanner, 1943, in Frith, 1989). In spite of this, in 1984 the American Psychiatric Association, deemed this as a pervasive disorder, among others, and now it is simply known as Autism (APA, 1984). Over the past ten years Autism has been redefined again as the most complicated neurological disorder affecting the central nervous system of a large number of people. It is also the most confusing and pervasive of the developmental disorders as little is known for a cause, there is no cure, and treatments vary among individuals (Frith Happe’, 1994). The typical stereotype of an individual with autism describes a withdrawn, mute child with an inverted gaze engaged in repetitive activities or self-stimulatory behaviors, ASD or Autism Spectrum Disorder, ranges from severe to very mild(Mesibov Burack, 2001). Yet, the ones that have such disorders, have recently been labeled as Autistic due to lack of social prowess and extreme knowledge and fixation on one profession. These subsets of children can often times appear normal within the first year but start regressing in knowledge and skill, or not improving or gain skills at all. Eventually, one can build a wall to even keep family out, or fixate on something so hard it becomes an obsession or routine that if stopped could be mentally, physically, and socially detrimental(Kennedy Shukla, 1995). Although, it is also important to remember that individuals with ASD are not totally withdrawn, socially and may even interact from time to time, but this can be limited. I know as more going from hearing your child say ‘I love you’ and hug often, to once or twice week is difficult. The first time my son ran and hugged me and looked me in the eye was very emotional for me, but he did not understand. This leads to my next point: cognition. As I said before many ASD children do not understand emotions or are seldom empathetic. They may ask questions about the emotions you are showing but do not fully understand what you are telling them. This again is due to a misfiring of neuor-transmitters. That is why so many ASD children really like Thomas the Train. He teaches them emotions and what the facial expressions mean. My son now understand crying, anger, and excitement. Therefore, while they have a social desire, the interference in the cognitive system proves to be the main problem (Happe, 1999; Baron-Cohen, 1985; Dodge, 1980). Cognitive processing systems such as motivation, decision making and emotions are believed to be prompted when one responds to stimuli. These stimuli characterize the different mental states (desires, imagination, emotions, etc. ) that psychologists believe to be the cause of ones actions. Yet, without appropriately developed social cognition individuals have difficulty forming social relationships with others and this is evidenced by poor social behavior (Baron-Cohen, 2000). A study was designed to test this theory, and it found that 64% of individuals with ASD have first degree relatives with more extensive mental health issues, like major depression, and 39% had other social phobias (Smalley, et al, 1995). That being said, one can conclude that unlike other studies, ASD maybe a genetic disease mutated from other mental illness issues. This would also help the justice system that was once scandalized by improprieties of inmates due to a lack of knowledge. By understanding what type of ASD and the severity one can simply argue mental illness? Now I am not condoning every run out on the crazy defense, but if the shoe fits, why would we just put someone who is innocent into the system as done years ago. Think of the good old days when one could be simply thrown in jail for no id or not talking but if you have a mentally ill or developmentally disabled individual, and you put them in an environment that is rough, harsh, and not anything like their routine, it is no wonder why we had so many inmate suicides and still do inmates slip through the cracks continuously. But we may never see that happen due to public opinion. We as a society look at children with developmental delays or ASD as animals. I find it sickening. Or we think the parent does not discipline the child. Yet, due to lack of cognitive understanding, it would gain to reason why one does not benefit from punishing this type of child; they simply do not understand and are eager to please. Some may disagree but my son’s doctor actually explained to us that anything more than timeout/cool down period would be over his head. Even taking away toys would be ineffective. So the next time you are at a store take that into consideration. Now that I am off of my soapbox consider this: The acceptance of inadequacies in the empathizing process of individuals with Autism can offer more tolerance of the behaviors they display. Thus, they are not capable enough to calculate the conduct of others readily and we would expect an avoidance of impulsive situations. This is apparent in the outbursts and obsessive behaviors these individuals show in an effort to control and maintain routines in their environments (Dodge, 1980). Now some can point to sensory issues, needing to feel secure through various methods close to the five senses. A lot of the Autism community says that therapies for these aversions and how to cope will cause the ASD patient to understand, control, and manipulate to achieve a normal life. Nevertheless, the sensory struggles coincide with socio-emotional issues and are noted as early as infancy. Hence, the various longitudinal studies of infants later diagnosed with autism show empty eye gaze, poor response to name, aloofness, reduced looking-at-faces, and deficits in directing attention (Mottron Burack, 2001). And while it appears that these skills, as well as impairments in early social-communication skills and joint attention are present long before speech and mind blindness develop (Koegel Mentis, 1985; Shanker, 2004; Wing Gould, 1979). Additionally, developmental theories on attachment and affective responsiveness have suggested that children with impaired social emotional relating in infancy will not develop appropriate social understanding and as a result social interaction and communication skills will suffer (Kennedy Shukla, 1995). In spite of that, Supporters of the theory of mind suggest that people with Autism lack the ability to comprehend thoughts and experiences that occur outside of themselves (Happe, 1991). While I can see that, since my son gets stuck on one thing that happened and will talk about it for months as though it happened yesterday, the difficulty in understanding the mental thoughts of others often results in bizarre communication patterns (Happe, 1999). Thus, blindness and a clear lack of meeting of the minds, also appears to interfere with the ability to identify with others or to understand another person’s point of view (Shanker, 2004). So do we really know what people with Autism need, or are we just grabbing air in a world full of marshmallows? Bibliography American Psychiatric Association DSM-IV (1984). Diagnostic and Statistical Manual of Mental Disorders (4th ed. ). American Psychiatric Association. Aronson, E. (1995). The social animal. (7th ed. ). New York, NY: W. H. Freeman and Company. Baron-Cohen, S. (1985). Mindblindness: An essay on autism and theory of mind. Cambridge, Massachusetts: MIT Press. Baron-Cohen, S. (2000). Theory of mind and autism: A fifteen year review. In S. Baron-Cohen, H. Tager-Flusberg ; D. J. Cohen (Eds), Understanding other minds: perspectives from developmental cognitive neuroscience (pp. 3-20). Oxford: Oxford University Press. Dodge, K. (1980) Social cognition and children’s aggressive behavior. Child Development. 51, 162-170. Frith, U. (1989). Autism: Explaining the enigma. Oxford: Basil Blackwell. Frith, U. , Happe, F. (1994). Autism: Beyond †theory of mind. † Cognition, 50, 115-132. Happe, F. (1991). The autobiographical writings of three asperger syndrome adults; problems of interpretation and implications for theory. In U. Frith (Ed. ), Autism and asperger syndrome. Cambridge: Cambridge University Press. Happe, F. (1999). Autism: cognitive deficit or cognitive style. Trends in Cognitive Sciences, 3, 6, 216-222. Kennedy, C. H. , Shukla, S, (1995). Social interaction research for people with autism as a set of past, current, and emerging propositions. Behavioral Disorders, 21, 21-35. Koegel, R. L. , Mentis, M. (1985). Motivation in childhood autism: Can they or won’t they? Journal of Child Psychology and Psychiatry and Allied Disciplines, 26, 185-191. Mesibov, G. B. , Adams, L. W. , ; Klinger, L. G. (1997). Autism: Understanding the disorder. New York, NY: Plenum Press. Shanker, S. (2004). The roots of mindblindness. Theory ; Psychology, 14, 5, 685-703. Smalley SL, McCracken J, Tanguay P. (1995). Autism, affective disorders, and social phobia. American Journal of Medical Genetics, 27, 60, 1, 19-26. Thompson, R. H. , ; Iwata, B. A. (2001). A descriptive analysis of social consequences following problem behavior. Journal of Applied Behavior Analysis, 34, 169-178. Wing, L. , ; Gould, J. (1979). Severe impairments of social interaction and associated abnormalities in children: Epidemiology and classification. Journal of Autism and Developmental Disorders, 9, 11-29. Autism and Psychology We have been designed from birth to need and trust and socialize with one another in various ways. Yet, why is it so difficult for some but not for others. I have a four year old Autistic son that also has severe developmental delays due to prematurity and birthing complications. There are days that he gets frustrated at not even being able to communicate basic needs or just wants to be in his own world, left to his own device. That for anyone is rough, but knowing I am his mother makes it worse. Social interaction is such an important part of growing as not only a human being, but also for the brain. Even from the beginning of time man has leaned on the premise of needing that companionship and contact with the world around them. Being from the South, you are instructed and taught from day one to be cordial and have social interactions regularly with others in and out of your class, race, or religion. But what if you cannot convey and relate to the social customs? Does that mean you are to forever be labeled as a deviant, eccentric, or antisocial? If it is funding that you have mental issues you don’t discuss them or you are forever looked at as a child. Traditionally, that means that these individuals were ostracized, stigmatized and even eliminated for the good of the whole, as the compromised the very fabric of society by proposing to build a group of individuals, somewhat like a cult, that were interconnected forever( Aronson, 1995). Animal test subjects have been well conditioned to run through mazes or pressed bars for food or to avoid electric shocks administered by researchers; likewise humans comply within similar consequences. Furthermore, it has also been documented that behavior motivated by external consequences is relatively short-lived, ceasing with the consequence is no longer available (Thompson, Iwata, 2001). This can even be seen when a mother is watching her children, and then steps out. The children understand to behave in both situations and the latter situation may have a punishment if that direction is not followed properly. Yet, as soon as the mother steps out, the non-conformist child will misbehave, only because of the punishment, even if the other sibling(s) is behaving themselves properly. Something stops a child like this from comprehending why this is wrong and what is truly acceptable. This may be in part to some issues with the connections to neuro-transmitters or lack thereof. Often times these children are not even motivated by reward systems, they will continue to misbehave at some point even when the mother returns, almost challenging her. Therefore, they will never be in society as an integral part, but as part of the problem. This, however, is not true for Autistic children. They wish to be the same, but again, the neuro-transmitters misfire and do not allow for them to ‘compare apples to oranges’. In 1943 Leo Kanner named such children as, socially withdrawn. He outlined the social disorder in 11 boys that he studied as an â€Å"autistic disturbance of affective contact† because of their apparent disinterest in other people and inability to be socially influenced (Kanner, 1943, in Frith, 1989). In spite of this, in 1984 the American Psychiatric Association, deemed this as a pervasive disorder, among others, and now it is simply known as Autism (APA, 1984). Over the past ten years Autism has been redefined again as the most complicated neurological disorder affecting the central nervous system of a large number of people. It is also the most confusing and pervasive of the developmental disorders as little is known for a cause, there is no cure, and treatments vary among individuals (Frith Happe’, 1994). The typical stereotype of an individual with autism describes a withdrawn, mute child with an inverted gaze engaged in repetitive activities or self-stimulatory behaviors, ASD or Autism Spectrum Disorder, ranges from severe to very mild(Mesibov Burack, 2001). Yet, the ones that have such disorders, have recently been labeled as Autistic due to lack of social prowess and extreme knowledge and fixation on one profession. These subsets of children can often times appear normal within the first year but start regressing in knowledge and skill, or not improving or gain skills at all. Eventually, one can build a wall to even keep family out, or fixate on something so hard it becomes an obsession or routine that if stopped could be mentally, physically, and socially detrimental(Kennedy Shukla, 1995). Although, it is also important to remember that individuals with ASD are not totally withdrawn, socially and may even interact from time to time, but this can be limited. I know as more going from hearing your child say ‘I love you’ and hug often, to once or twice week is difficult. The first time my son ran and hugged me and looked me in the eye was very emotional for me, but he did not understand. This leads to my next point: cognition. As I said before many ASD children do not understand emotions or are seldom empathetic. They may ask questions about the emotions you are showing but do not fully understand what you are telling them. This again is due to a misfiring of neuor-transmitters. That is why so many ASD children really like Thomas the Train. He teaches them emotions and what the facial expressions mean. My son now understand crying, anger, and excitement. Therefore, while they have a social desire, the interference in the cognitive system proves to be the main problem (Happe, 1999; Baron-Cohen, 1985; Dodge, 1980). Cognitive processing systems such as motivation, decision making and emotions are believed to be prompted when one responds to stimuli. These stimuli characterize the different mental states (desires, imagination, emotions, etc. ) that psychologists believe to be the cause of ones actions. Yet, without appropriately developed social cognition individuals have difficulty forming social relationships with others and this is evidenced by poor social behavior (Baron-Cohen, 2000). A study was designed to test this theory, and it found that 64% of individuals with ASD have first degree relatives with more extensive mental health issues, like major depression, and 39% had other social phobias (Smalley, et al, 1995). That being said, one can conclude that unlike other studies, ASD maybe a genetic disease mutated from other mental illness issues. This would also help the justice system that was once scandalized by improprieties of inmates due to a lack of knowledge. By understanding what type of ASD and the severity one can simply argue mental illness? Now I am not condoning every run out on the crazy defense, but if the shoe fits, why would we just put someone who is innocent into the system as done years ago. Think of the good old days when one could be simply thrown in jail for no id or not talking but if you have a mentally ill or developmentally disabled individual, and you put them in an environment that is rough, harsh, and not anything like their routine, it is no wonder why we had so many inmate suicides and still do inmates slip through the cracks continuously. But we may never see that happen due to public opinion. We as a society look at children with developmental delays or ASD as animals. I find it sickening. Or we think the parent does not discipline the child. Yet, due to lack of cognitive understanding, it would gain to reason why one does not benefit from punishing this type of child; they simply do not understand and are eager to please. Some may disagree but my son’s doctor actually explained to us that anything more than timeout/cool down period would be over his head. Even taking away toys would be ineffective. So the next time you are at a store take that into consideration. Now that I am off of my soapbox consider this: The acceptance of inadequacies in the empathizing process of individuals with Autism can offer more tolerance of the behaviors they display. Thus, they are not capable enough to calculate the conduct of others readily and we would expect an avoidance of impulsive situations. This is apparent in the outbursts and obsessive behaviors these individuals show in an effort to control and maintain routines in their environments (Dodge, 1980). Now some can point to sensory issues, needing to feel secure through various methods close to the five senses. A lot of the Autism community says that therapies for these aversions and how to cope will cause the ASD patient to understand, control, and manipulate to achieve a normal life. Nevertheless, the sensory struggles coincide with socio-emotional issues and are noted as early as infancy. Hence, the various longitudinal studies of infants later diagnosed with autism show empty eye gaze, poor response to name, aloofness, reduced looking-at-faces, and deficits in directing attention (Mottron Burack, 2001). And while it appears that these skills, as well as impairments in early social-communication skills and joint attention are present long before speech and mind blindness develop (Koegel Mentis, 1985; Shanker, 2004; Wing Gould, 1979). Additionally, developmental theories on attachment and affective responsiveness have suggested that children with impaired social emotional relating in infancy will not develop appropriate social understanding and as a result social interaction and communication skills will suffer (Kennedy Shukla, 1995). In spite of that, Supporters of the theory of mind suggest that people with Autism lack the ability to comprehend thoughts and experiences that occur outside of themselves (Happe, 1991). While I can see that, since my son gets stuck on one thing that happened and will talk about it for months as though it happened yesterday, the difficulty in understanding the mental thoughts of others often results in bizarre communication patterns (Happe, 1999). Thus, blindness and a clear lack of meeting of the minds, also appears to interfere with the ability to identify with others or to understand another person’s point of view (Shanker, 2004). So do we really know what people with Autism need, or are we just grabbing air in a world full of marshmallows? Bibliography American Psychiatric Association DSM-IV (1984). Diagnostic and Statistical Manual of Mental Disorders (4th ed. ). American Psychiatric Association. Aronson, E. (1995). The social animal. (7th ed. ). New York, NY: W. H. Freeman and Company. Baron-Cohen, S. (1985). Mindblindness: An essay on autism and theory of mind. Cambridge, Massachusetts: MIT Press. Baron-Cohen, S. (2000). Theory of mind and autism: A fifteen year review. In S. Baron-Cohen, H. Tager-Flusberg ; D. J. Cohen (Eds), Understanding other minds: perspectives from developmental cognitive neuroscience (pp. 3-20). Oxford: Oxford University Press. Dodge, K. (1980) Social cognition and children’s aggressive behavior. Child Development. 51, 162-170. Frith, U. (1989). Autism: Explaining the enigma. Oxford: Basil Blackwell. Frith, U. , Happe, F. (1994). Autism: Beyond †theory of mind. † Cognition, 50, 115-132. Happe, F. (1991). The autobiographical writings of three asperger syndrome adults; problems of interpretation and implications for theory. In U. Frith (Ed. ), Autism and asperger syndrome. Cambridge: Cambridge University Press. Happe, F. (1999). Autism: cognitive deficit or cognitive style. Trends in Cognitive Sciences, 3, 6, 216-222. Kennedy, C. H. , Shukla, S, (1995). Social interaction research for people with autism as a set of past, current, and emerging propositions. Behavioral Disorders, 21, 21-35. Koegel, R. L. , Mentis, M. (1985). Motivation in childhood autism: Can they or won’t they? Journal of Child Psychology and Psychiatry and Allied Disciplines, 26, 185-191. Mesibov, G. B. , Adams, L. W. , ; Klinger, L. G. (1997). Autism: Understanding the disorder. New York, NY: Plenum Press. Shanker, S. (2004). The roots of mindblindness. Theory ; Psychology, 14, 5, 685-703. Smalley SL, McCracken J, Tanguay P. (1995). Autism, affective disorders, and social phobia. American Journal of Medical Genetics, 27, 60, 1, 19-26. Thompson, R. H. , ; Iwata, B. A. (2001). A descriptive analysis of social consequences following problem behavior. Journal of Applied Behavior Analysis, 34, 169-178. Wing, L. , ; Gould, J. (1979). Severe impairments of social interaction and associated abnormalities in children: Epidemiology and classification. Journal of Autism and Developmental Disorders, 9, 11-29.

Gary Kulesha Essay Example | Topics and Well Written Essays - 250 words

Gary Kulesha - Essay Example In 1995, he joined the Toronto Symphony Orchestra as a composer-advisor. The Orchestra took his ‘Gates of Times’ on their American tour in 1999 while his ‘The True Color of the Sky’ was taken the next year on the European tour. He is the youngest composer to be named as the Composer of the year by PROCanada. For his achievements, Gary Kulesha was honored with the first National Arts Centre Orchestra Composer Award. He has been nominated twice for the Juno award, once for his ‘Third Chamber Concerto’ in 1990 and again in the year 2000 for ‘The Book of Mirrors’. In 2002, he took part in the international Double Reed Convention and co-directed Chamber Orchestra Program of the new Banff centre (Gary Kulesha Biography). Presently, Gary Kulesha is a teacher at the renowned University of Toronto where he teaches composition and theory and holds the position of the director of the Contemporary Music ensemble. He has earned great repute in h is lifetime and is an asset for his country. Works Cited â€Å"Gary Kulesha Biography.† Banff centre. 26 04 2011 .