92 Paolo Faccini Dori â€v- Recreb Srl (1994) The WritePass Journal

A Critical Analysis of Case C-91/92 Paolo Faccini Dori –v- Recreb Srl (1994) Executive Summary A Critical Analysis of Case C-91/92 Paolo Faccini Dori –v- Recreb Srl (1994) Executive Summary Facts of the Case Decision of the Case Beyond the Approach in FacciniConclusions ReferencesRelated Executive Summary EU directives are considered not to have horizontal direct effect, i.e. the provisions of the European directive cannot be relied upon by private individuals, when it comes to a legal dispute where they have not been transposed by member states into international law. This was the position in the case in question, here, of Faccini and has been largely supported by future case law and academic analysis in this area. Despite this, there have been some cases which argue that there should be a direct effect[1]. Although these have been distinguished on a matter of fact between the position in Faccini and the decisions reached in later cases, it is argued, here, that the basic rule remains current and good law, albeit with an element of uncertainty, particularly where there is an aspect of public law and order and an obligation on the member states, rather than it being downplayed as a purely contractual relationship between the individual parties. Facts of the Case EU Directive 85/577[2] places a requirement on member states to protect consumers when they are entering into contracts which are negotiated away from the business place, for example, over the phone or, more recently, this would apply to internet-based purchases. This offers a right to cancellation and although there is a degree of flexibility offered to member states in how they ensure that consumers are protected in this way (article 4 and article 5 of directive), there are still minimum rights being afforded to consumers in this situation; the precise terms may also vary from member states to member state, in terms of how the consumers are informed of this right. However, fundamentally, the right is still present[3]. In this case, Faccini Dori contracted with Interdiffusion Srl, in order to purchase an English language course. However, she later attempted to cancel the purchase because, in the meantime, the provision of the course had been assigned to Recreb Srl, who then sued Faccini Dori for the cost of the course which she had failed to pay, as she wished to cancel her purchase. Faccini Dori argued that she would have been entitled to cancel the contract, as it had been a business arrangement made outside of the business premises, under the EU directive; however, it was the failure of the Italian government to implement the contents of the directive, which meant that the provisions did not seemingly apply in the case of Recreb Srl. The question, therefore, arose as to whether or not this directive had horizontal directive effect, thus enabling the individual to rely on the directive when dealing with a dispute between two private individuals. The weakness in the Faccini’s argument was b ased on the fact that the directive had not been implemented and the question arose as to whether or not an unimplemented directive can be relied upon as, had it been implemented, it would be part of Italian law in any event. Decision of the Case In this case, relying on the Marshall case, it was held that Faccini could not rely on the directive, as it has not been implemented into Italian law and therefore it was not possible for individuals to apply the rules contained within the directive, as this lacked horizontal directive applicability and could not therefore be used as the basis for a legal action[4]. According to Article 249 (was 189 at the time of the case) of the Treaty on the Functioning of the European Union, a European directive is binding on the member states, in terms of achieving the objectives of the directive, but that it is up to member states to determine how this will apply in their jurisdiction. The argument, therefore, arose as to whether or not this means that the directive enables individuals to rely on the concept of the directive in a private action, even where the member state had failed to transpose the directive into national law. In this case, however, it was held that the directive was applicable vertically and could be seen to impose an obligation on the member states, but not be used by individuals in a horizontal plane i.e. between private parties. As noted in the cited case of Marshall[5], the Faccini case relied on this and argued that, whilst it would be possible for private individuals to bring an action against the state for their failure to enact the provisions of the directive, it could not be used as the basis of legal action between the two individuals. Beyond the Approach in Faccini Although the rules laid out in the Faccini case seemed to state clearly that a non-enacted directive could not be relied upon by a private individual, although there has been some future debate as to whether case law has made inroads into this strict position. Case law has developed in this area to such an extent that it creates a situation where it would be possible to have a direct effect or direct link between individuals, even when they have not been transposed into national law[6]. Take, for example, the case relating to CIA Security[7], where an argument arose between three private individuals all of whom were competitors in the provision of security systems. In this argument, it was alleged that CIA Security was not suitably authorised and therefore should not be selling alarm systems, under Belgian law. An argument was presented by CIA that there had been unfair trading practices based on the fact that adopting the requirements to be authorised without notification was a breach of directive 83/189, article 8[8]. It was argued, in this case, that it was possible for the individuals to rely on the provisions of this directive as part of the case of the national court. In this situation, the court held that the provisions of the directive could be relied upon, which seemed to go against the decision in Faccini. As part of the judgement, Advocate Elmer distinguished from the Faccini case by stating that the provisions in directive 83/189 had been written in such a way that there were duties being imposed on the member state, whereas the directive in the Faccini case had placed the requirement on the individuals, alone, and not with the relationship between individuals. A better update emerged in the Unilever case[9]. This case dealt with a contractual relationship between two parties and a boundary dispute between Unilever and Central Food whereby Unilever had been supplying olive oil to Central Food. However, Central Food then took issue with Unilever, given the fact that the oils had not been labelled correctly, so they were no longer in compliance with the appropriate Italian law. As a result, Central Food stated that it would not pay for the oil delivered by Unilever. Unilever’s counterargument was that, although the Italian government had observed certain parts of the provisions of directive 83/189, the actual national law had not taken into account article 9 of the directive and therefore should not have been enacted and should not be applied. In this case, it was held that as the directive had been misapplied and this had resulted in a national standard which was opposed to the directive, national standards could not therefore be applied and could not be enforced against individuals. Certain distinctions were drawn between the Unilever and the CIA case, primarily based on the fact that it was a contractual relationship between the parties and was not linked to arguments associated with unfair trade practices and thus allowed the decisions to be distinguished from the case of Faccini. The difficulty going forward, therefore, is how cases such as the CIA case can potentially create a situation where there is horizontal direct effect to directives allowing private parties to rely upon the provisions of any unimplemented directive, in order to impact on their own personal dispute. On the face of it, therefore, it would appear that the CIA case had indeed created a situation whereby the basic ruling in the Faccini case could be softened. The main argument for this development is that, in the CIA case, there is a public law element, as there had been a failure on behalf of the member state, rather than a pure issue of private law such as contractual relations[10]. Conclusions There are clear difficulties when it comes to reconciling the basic provision laid out in Marshall and the Faccini cases; however, although it has been argued that there is a public law element in the cases which have been decided in a different way from the Faccini case, the net result is that this creates a different relationship between private individuals. Despite this, it is contended here that the basic rule in Faccini, in that the directive does not have horizontal direct effect, and therefore cannot be relied upon as a legal basis for action between private individuals, remains. There is, however, the need to consider cases such as CIA, which can create at least some uncertainty as to whether or not this will be strictly applied, in all situations. References Case C-194/94, CIA Security International SA v. Signalson SA and Securitel SPRL [1996] ECR1-2201, para. 13-15. Case 152/84, Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, para. 48. Case C-91/92 Paolo Faccini Dori –v- Recreh Srl (1994) Case C-443/98, Unileverltalia SpA v. Central Food SpA [2000] ECR1-7535. Council Directive (EC) 85/577 Consumer Protection in the Case of Contracts Negotiated Away from Business Premises Council Directive (EC) 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations Michael. Dougan, The Disguised Vertical Direct Effect of Directives?, The Cambridge Law Journal, 2000, vol. 59(3), pp.586-612 at 587 Paul Craig, Directives: Direct Effect, Indirect Effect and the Construction of National Legislation, EL Rev., 1997, vol. 22, pp.519-538 at 519. Paul Craig and Grainne de Burca, EU Law Text, Cases, and Materials, (3rd Ed., Oxford University Press, United Kingdom 2003), p.202, 203 Stephen Weatherhill, Breach of Directives and Breach of Contract, EL Rev., 2001, vol.26, pp. 177-186 at 182.

the cost to fly today essays

the cost to fly today essays Airline pricing and demand has changed in many ways over the years. From when its infancy in 1926 passenger revenue started out at twelve cents per mile to now in 2004 it is set at fourteen and a half cents per passenger mile. It may seem that the pricing has not changed much; however, when you look at the statistics over the past eighty years, the prices have really fluctuated. Airline pricing hit its all time low in 1945 at four and a half cents per mile, and its record high is currently now in 2004 at fourteen and a half cents. There are many different factors that affect airline pricing. For example, passenger trends and habits change from year to year. The demand for travel also changes. Another price change can come from competitive ad offers. But after analyzing all of the factors, I believe that the main factor for price changes from year to year comes primarily from the airline operating costs. One may separate airline costs in to two main categories: direct operating costs and indirect operating costs. The first category to discuss is direct operating cost. Direct operating cost can be subdivided into three separate groups: flight operations, maintenance and overhaul costs, and depreciation and amortization. To begin with, flight operations include several items. First, the flight crew expenses involving salaries, traveling expenses, allowances, pensions, and insurance for the pilot make up a portion of flight operations. The wages of the flight crew also changes from year to year because of labor agreements and wage negotiations. The second item in flight operations and the most expensive direct operating cost is the use of fuel and oil to power the aircraft. The reason why fuel and oil are the most expensive is because the price of oil continues to fluctuate as well as the increasing demands of oil. The amount of fuel for any given aircraft can vary based on differe nt variables. These variables include the num...

Rhetorical Analysis Essay Example | Topics and Well Written Essays - 1250 words - 1

Rhetorical Analysis - Essay Example The essay or article of Craig Brown was not intended for the medical community because it did not spoke of any revolutionary research or life changing findings in the medical field but rather the dilemma that confronts the physician when they try to extend the life of a patience using the advances in medical technology. He introduced himself and what he does by using metaphors as he narrates the complexity of his job from being an obstetrician â€Å"where fresh-faced tulips are popping up at all hours† (which is not his specialty) to seeing patients of all ages until he touched on taking care for â€Å"threadworn elderly, those facing an eternal winter with no green in sight, is definitely the most difficult thing I do†. He introduced himself as a medical doctor not by enumerating his credentials but rather by narrating in a literary manner the dilemmas he faced as a physician which gave face and feelings to the profession that the readers can easily relate and sympathi ze. In a way, the article was a human interest essay because it emphasized the humane aspect of taking care the elderly from the point of view of a doctor. Dr. Craig Brown’s human interest approach in the article made him more credible both as a doctor and a writer. This is because he showed that he does not only knows his job very well but also knows the human aspect of it and the dilemmas that accompanies in treating patient who are already in their twilight years. His moral stature and credibility became more pronounced that served as an ethos of the article and elevated his stature as an authority who knows the subject as well as the human aspect of it. Thus, it impresses to the reader that he is not only a competent but compassionate as well which made the article close if not endearing to the readers. During the duration of the article, one can readily observe that the essay is replete with heart wrenching scenario in elderly care that the reader can almost feel the bur den of the doctor as he attends to the patient. This is the use of emotion in the article as rhetorical tool of pathos or emotional appeal. After establishing credibility and getting the interest of the reader in his creative and flowery introduction, the author begun narrating his case by capitalizing on the emotional aspect of his job in dealing with elderly who are in their twilight years as the pathos. It is obviously noticeable that even if the author spoke of diseases and medical condition, he did not dwell deep on medical terms but instead used words that are common to the readers such as arthritis, diabetes to avoid distracting the readers with jargon and lose the emotional appeal of the article which explains why the approach was very powerful. The author did not argue by capitalizing on his credentials but persuaded the reader on his point of view by narrating the emotional dilemma that doctors’ feel when attending to these patients that sometimes, living in agony i s worse than death itself. Perhaps the doctor knows that he may be questioned as a practicing physician if he will argue his main point that prolonging life in pain worse than dying itself. As a physician, he is sworn to Hippocratic Oath or in Dr. Craig’s words, he is in a â€Å"do no harm business† and arguing that old people are better off to accept death as they come than suffer a long agonizing life may not

Business Continuity & Disaster Recovery Planning models Essay

Business Continuity & Disaster Recovery Planning models - Essay Example The researcher states that there are various models of business continuity. Some of these models include standards, supporting policies and program development.   There are a number of standard bodies that publish business continuity standards. Some of these standards include ISO, North America, Australia and United Kingdom. ISO standards usually specify a management system that will manage an organization’s business continuity. ISO standards also provide advices and guidance concerning the continuity of a business. On the other hand, North America provides continuity programs such as organizational resilience. This involves preparedness, continuity management and security systems. United Kingdom was a business management continuity standard which was divided into two parts. However, it was replaced by ISO standards. The other model of business continuity is program development. This is a management-level process that ensures that appropriate measures are taken regularly to ensure identification of probable disasters, accidents, threats or emergencies. Program development also involves assessing possible effects of such catastrophes, development of recovery plans and, readiness through plan testing and personnel training. Policies are all the things, which the management of an organization has authorized to always be followed and performed in accordance with a present design plan. Policies are  designed  to  support all the functions in an organization.

Reading Journal Essay Example | Topics and Well Written Essays - 500 words

Reading Journal - Essay Example However, this only happens when the people involved can relate or interact in one way or another, subject to the language factor that brings them together. Without language, therefore, personal and social relations and interactions become crippled to some significant extent. The manner in which Hoffman captures these aspects is thrilling. Another interesting factor of language is the development of culture. Notably, Hoffman’s work demonstrates this by showing the relationship between her and Canada, and later the United States. On the same note, her family associates with Canadian culture through language and the sense of belonging that attaches this family to the new country of Canada (Hoffman 219). Every aspect of life exhibited by Hoffman and her family denote the presence and subsequent practice of language and culture. The theme of language and culture is further exhibited as the family gets used to thee Canadian life. This is a new country and a new environment for both Hoffman and the family. The language they knew is foreign in Canada. The culture they were used to is a new phenomenon that does not feature in Canada or the United States. Amid difficulties, Hoffman and her family find it easy to engage Canadian people in conversations due to their ability to overcome language and communication barriers. Persons who once encountered difficulties in language now encounter ease in expressing themselves. In order to fit into the Canadian system of social life, there was need for a change and/or shift in language and culture. Hoffman can now identify with her language and culture in the foreign land, and so does her family. Hoffman made a lifetime decision to have her accustomed to the Canadian way of life. Ultimately, her family took the same course of action. From the Polish way of life, Hoffman and her family undergo a state of language and culture change to embrace the

Eastman Kodak Products

Eastman Kodak Products External analysis of Eastman Kodak Introduction Kodak is the market leader in providing photographic products and services to consumers and commercial customers around the globe for memories, entertainment and information. The company brings inventive and modern products to the market that allows people to take, make and share pictures and experience the magic of photography (History of Kodak, 2008). As the world leader, Eastman Kodak is always looking for talented people. Kodak has continued to expand the ways and images touch peoples daily lives. Kodak is a top supplier of innovative solutions for digital, conventional and blended print production environment (History of Kodak, 2008). Eastman Kodak Company is an American multinational public company which produces imaging and photographic materials and equipment. It is known for its extensive variety of pictorial film products. Eastman Kodak is actually concentrating on two major markets; the first is digital photography and the second is digital printing (About Kodaks Graphic Communications Group, 2008). In Rochester and Jamestown New York, Kodak was founded by George Eastman and businessman Henry Strong. George Eastman as president purchased the stock of American Aristotype Company. In the year 1982, the Eastman Kodak Company was founded. The company is incorporated in New Jersey but has its offices in Rochester, New York. The slogan, You press the button; we do the rest, was given by the founder of the company, George Eastman (About Kodaks Graphic Communications Group, 2008). External analysis of Eastman Kodak Porters five forces Model According to Michael porter, an authority on competitive strategy contends that a corporation is most concerned with the intensity of competition within its industry. The level of this intensity is determined by basic competitive forces like potential entrants, suppliers, buyers and substitutes available. Using this model a high force can be regarded as a threat because it is likely to reduce profits and a low force can be viewed as an opportunity because it may allow company to earn profit. Analysis of Kodak on the basis of Porters Five Force model: Threats of new entrants: In recent years, the growing demand of digital cameras has been attracting many new comers, domestically as well as internationally. The threats of new entrant are always an issue when dealing with new technology. Often, new technology is developed by an individual looking for a better way to do something. These companies are expected to drastically alter the Kodak Companys structure with their technology, scale of operations and brand power. With Xerox, Hewlett-Packard, Lexmark, Sony, Cannon and other major companies has already established in the market, it will be easy for new companies to enter the market and make a substantial impact. Bargaining power of customers: In the camera industry, the bargaining power of customer is relatively limited. Eastman Kodak is entering the consumer printer market which is full of competitors who produce products that allow the consumer to have significant buying power. From the sale of replacement cartridges, most producers rely on their profit margins. The buyers have a lot of power, with the companies producing quality printers at extremely reasonable values and often providing significant discounts. Eastman Kodak is responsive to this and they are launching their product into the consumer printer market. They are also making a play in the commercial printing market where the bargaining power of the buyer is not immense. Bargaining power of suppliers: The bargaining power of suppliers to Eastman Kodak is more significant than its rivals who expand and manufacture their own parts. Eastman Kodak should develop its printers, by using off the projection parts, as to get its printers on the market quicker. Rather than trying to plan everything from scratch, the Kodak Eastman should work with technology partners like SigmaTel, Inc. a chip-design specialist (Hamm, Lee Ante, 2007). This approach will allow the Kodak to develop faster and lower the expansion costs. The confidence for producing the parts of the printers gives the suppliers greater buying power (Hamm, Lee Ante, 2007). As compared to the traditional manufacturing, in the market that expanding and producing own parts may be risky in the long run risky and could pay off for Kodak. Threat of substitutes: Eastman Kodak cannot overlook the manufacturing and launching of their new consumer inkjet printers. Where on the other side, the competitors of company like H-P, Sony, Cannon and Lexmark are relying not on the turnover margin from the printer and handy cameras but they are emphasizing on the profit margin on replacing the cartridges. Eastman Kodak is marketing a quality printer, affordable cartridges, and quality paper combination to produce the highest quality prints (Hamm, Lee Ante, 2007). The concern of the Kodak should be same as HP, Lexmark, and Epson. The emphasis of the major producers of consumer printers should be that the generic replacement cartridges and ink refill market is very strong whereas the cartridges may not produce the same quality as the name brand. The quality differentiation is not adequate to force customers from brand name to general (Hamm, Lee Ante, 2007). Rivalry among competitors: Rivalry among competitors could be the most significant in the Eastman Kodak. Change is rapid and fuming, with the new technology. The bundling of printers with the computers, discounts, and rebates makes this market extremely competitive (Symonds, 2006). Antonio Perez CEO of Eastman Kodak says that he has no individual rivalry with HP, but the fact is that during his 25 successful years at HP, he organized the explosive growth of HPs printer business. HP Company invests nearly $1 billion a year on research and development of printer (Hamm, Lee Ante, 2007). Industry forecaster anticipates HP to sit back and observe till Kodaks new equipments get grip. It is important to look at the political, economic, social, and technological components of the macro-environment, while examining the macro environment. In relation to political issues, Kodak is on par with its competitors (Symonds, 2006). To all the key competitors in the digital printing industry, social and employment legislation, tax policy, the directive and de-regulation trends and trade and tariff controls, and environmental and consumer-protection legislation applies equally (Ramaswamy Namakumari, 2005). Economic factors that must be considered by the Kodak are rate of inflation, tax rates, capital markets and the stage of the business cycle. Eastman Kodak is a well recognized company, with the declining importance on film and an enlarged importance on digital printing; the company is behind the influence curve of their well-known competitors (Symonds, 2006). The other economical issues that Kodak must keep in mind are disposable income, GDP trends, purchasing power and wages/ price control (Ramaswamy Namakumari, 2005). Another economic issue is cost of labor. Kodak has moved much of its labor to Mexico, this can cause decline in the sale as the company concentrates on moving labor outside of the U.S (Hamm, Lee Ante, 2007). The political environment exercises great impact on industry and business. The political factors that Kodak must keep in view are antitrust regulations, environmental protection laws, tax laws, political stability, foreign trade regulations and stability of government. The social considerations in the macro environment of Eastman Kodak are population profiles, public opinion, and cultural changes (Ramaswamy Namakumari, 2005). The social factors which should be kept in view are lifestyle changes, rate of family formation, growth rate f population, age distribution of population. Another significant factors related to social consideration is opinion of public. In the case of Kodak, there are significant issues such as accusations of irresponsible environmental practices due to excessive pollution in the Rochester, NY area (Hamm, Lee Ante, 2007). The technological environment will play a key role in the future of Kodak. The company should emphasize on the new development in technology transfer from lab to marketplace. The company should emphasis on the internet availability, telecommunication infrastructure. Kodak should mainly concentrate on the research and development areas (Hunger Wheelen, 2001). For this, it is important that the research is well led and established with detailed visions and goals. Kodak should enlarge and produce the large number of parts as opposed to other competitors, to be developed and manufactured internally. Conclusion Thus, it can be concluded that the Kodak has the opportunity to be a leading player in the market of digital printing. The Company should carry on with their existing vision to produce printers and cameras that generate the highest quality of prints and construct the printer reasonably priced so as the average consumer afford it to buy (Hunger Wheelen, 2001). With this, the company should persist to expand the latest equipment for the profitable printing market and should try to merge flexibility, speed and quality with each other. To gain the market share, the most essential thing that the company should do is repetitively appraise their actions and procedure to make sure that they are right way. All the most it is important for the members of company to follow the lead of CEO, Antonio Perez. It is necessary that the strategies are timely formulated and implemented and processed forward with research, development, and implementation of new products (Hunger Wheelen, 2001). References About Kodaks Graphic Communications Group, (2008). Retrieved April 29, 2008 from http://graphics1.kodak.com/global/about_gcg/default.htm Kazmi, A. (2002). Business Policy and Strategic Management, (2nd Edition), New Delhi: Tata McGraw-Hill Publishing Company Limited. Hamm, S., Lee, L., Ante, S., E. (2007). Kodaks Moment of Truth; How the ailing film giant, led by a refugee from HP, embarked on a risky strategy to reinvent the inkjet printer. Business Week. New York: February 19, 2007, Issue 4022; page 42. Hunger, J.D. Wheelen, T.L. (2001). Strategic Management and Business policy, (7th Edition). New Delhi: Pearson Education Inc. History of Kodak, (2008). Retrieved April 29, 2008 from http://www.kodak.com/US/en/corp/about_Kodak.jhtml?pq-path=2217 Ramaswamy, V.S Namakumari, S. (2005). Strategic Planning Formulation of Corporate Strategy, (5th Edition). New Delhi: Macmillan India Ltd. Symonds, W.C.(2006). Kodak Rewrites the Book on Printing. Business Week. New York: September 4, 2006., Issue 3999; page 83. http://www.hoovers.com/eastman-kodak/ID__10500/free-co-profile.xhtml http://en.wikipedia.org/wiki/List_of_products_manufactured_by_Kodak http://en.wikipedia.org/wiki/List_of_products_manufactured_by_Kodak http://www.kodak.com/eknec/PageQuerier.jhtml?pq-path=2/6868pq-locale=en_US_requestid=684 Retrieved April 29, 2008 from http://www.kodak.com/US/en/corp/kodakHistory/eastmanTheMan.shtml History of Kodak, (2008). Retrieved April 29, 2008 from http://www.kodak.com/US/en/corp/about_Kodak.jhtml?pq-path=2217 About Kodaks Graphic Communications Group, (2008). Retreived April 29, 2008 from http://graphics1.kodak.com/global/about_gcg/default.htm

Research Paper †Stop Smoking Essay

Thousands of people worldwide indicate that smoking is addictive and harmful to health, scientific studies, research and other institutional bodies such as the World Health Organization, would support this thesis. Tobacco is responsible for nearly 1 in 3 deaths from cancer, thousands of people die of lung cancer and about 87% of these lung cancer deaths will be due to smoking. This habit not only increases the risk of lung cancer, but also is a factor in various cancers as of: mouth, larynx, pharynx, esophagus, kidney and stomach. It also generates other risks such as heart disease, stroke and respiratory problems. According to the American Lung Association: â€Å"About 8. 6 million people in the U. S. have at least one serious illness caused by smoking†. This means that for every person who dies of a smoking-related disease, there are 20 more people who suffer from at least one serious illness associated with smoking. Likewise, it is well known that the consumption of tobacco also cause bad breath, skin unsightly, smelly clothes and hair among other things that harm our health significantly. We all have the right to do as we please but smoking poisons not only the one who has this bad habit, it also does it to all those who surround him. As Paul Slovic says in his book: Smoking: Risk, Perception & Policy (2001) â€Å"In Addition to the risk to the smoker, smoking endangers the health of those who are exposed to secondhand smoke. † Being exposed to secondhand smoke it is sometimes harmful that even smoking a cigarette, snuff smoke contains 4000 chemicals and 60 of these are carcinogenic it also produce various types of cancer. The polluted air snuff smoke also causes heart disease and many serious respiratory diseases in children and adults that can cause death. An economic impact on the pockets of those who smoke is another reason that makes it so harmful; the cost of smoking is an important part of the monthly budget in these people. The cost of lighting a cigarette can go beyond the risk of getting cancer. If parameter is taken as the price of a pack of Marlboro cigarettes Box of 20 ($ 6. 50), a person who smokes a pack a day spends about $ 45. 50 per week and about $ 2,180 a year. If they instead of smoking decide to invest that amount each year, they will probably build an interesting amount of money for a retirement plan. But that’s not all. The annual bill for smokers also grows in other areas such as life insurance and home, medications, cleaning costs, etc. Many insurers charge an extra premium on their life insurance for people who smoke more than 20 cigarettes per day. The values of these extra premiums vary according to age, sex and in some cases the type of snuff which they use (cigarette, pipe, cigar), but may be increased 30% if you are young and up to 70% for an adult. In the U. S. , the difference can be tripled. Some home insurance discriminate between smokers and nonsmokers, increasing the risk of fire, others do not cover fire accidents caused by smoking. An article posted in the New York Times edition of August 2013, says that â€Å"A smoker costs a private employer in the United States an extra $5,816 per year compared with a nonsmoker† The environment is the most suffering passive smoking. Snuff production causes pollution of natural resources, loss of biodiversity, forest fires, deforestation, increasing climate change and urban poor air quality. No other consumer product causes as much damage from cultivation, production, use and disposal as snuff. Butts filters are made of cellulose acetate, a non-biodegradable pollutant which can take effect on the environment more than 25 years to decompose. In addition to the filter, the butt can keep toxic substances that make up the cigarette. Nicotine and tar of a single cigarette can contaminate up to 50 liters of water. According to a report from the Florida State University (FSU), tobacco companies will add chemicals to cigarettes for smokers to not have to turn them on steadily. In the U. S, the leading cause of home fires is a lit cigarette unattended. FSU’s report also indicates that almost half of the litter on the streets is made up of cigarette butts. These residues can reach rivers, lakes and oceans and being ingested by birds, fish and other animals that may die not being able to digest. In Texas each year more than 1 billion pieces of litter will accumulate on Texas highways. Of those, 13 percent are cigarette butts. That means 130 million butts will be tossed out in Texas alone this year (Texas Department of Transportation). Smoking is a serious social problem as the damage that occurs not only in people who consume it but also with whom they live. It is amazing how a small cigar, can virtually dominate the lives of millions of people in the world. Only those who have tried to quit smoking know how difficult it is and how much it costs. By force of will and perseverance of the patient, are now added new drugs that make their contribution in the fight against cigarette addiction. Although it is legal and socially acceptable use, nicotine is a drug that affects us and creates dependency or addiction that makes organic conditions diminish the quality of life. It is our choice to be healthy, prevent disease, save money, and concern about the environment and most important thing our lives. Think of banishing an addiction so ingrained in our society is at the moment impossible; stay motionless is selfish and almost criminal. Smokers and nonsmokers should unite in a common goal: that our children will never become victims of an addiction as damaging. Works Cited 1. -The New York Times (August 2013) Article taken from: http://well. blogs. nytimes. com/2013/08/07/the-cost-of-a-smoker-5816/? _r=0 2. – American Lung Association http://www. lung. org/stop-smoking/about-smoking/facts-figures/general-smoking-facts. html 3. – Slovic, Paul. (2001). Smoking: Risk, Perception & Policy (Google Books – Digital Edition) 4. – Texas Department of Transportation Information http://www. cigarettelitter. org/

Od vs Hr

We are witnessing and participating in an unprecedented dissolution of the boundaries of the field of organization development. In organizations around the world, the HRS function Is monopolizing the ODD function at an unprecedented pace, which is limiting our reach, blunting our effectiveness, and compromising our role. † ODD and HRS Do We Want the Lady or the Tiger? By Matt Mailman Ding. Ding. Ding. K, time's up. Time to decide. Will it be door number one, or door number two? The lady or the tiger? In Frank Stockpot's allegory (1882), a prisoner is ordered to choose between two closed doors.Behind one is a woman whom he must marry sight unseen and live with for the rest of his life; behind the other is the tiger which would surely eat him alive. Without knowing exactly what is behind which door, how Is one to choose? And, which does one really prefer? Like the mythical prisoner, the field of ODD has been standing In front of two doors for too long, putting off the choice betw een them. One door would leave the ODD function embedded within HRS; the other would get ODD out to stand independently on its own two feet in the organization.The field of ODD has been putting off this decision for too long? nice its inception, in fact?and it is time for us to make the decision. Well into our mid-ass as a field, we can't really blame all of this mess on our forebears, because frankly we're dealing with these choices Just as badly as they did when the field was first founded. We're still standing looking at the same two doors between which our ODD forebears could not decide. Long History, Deep Roots This question about whether ODD should be part of HRS or should stand on its own goes back to the founding of our field.What became organization development had its roots in the training and placement function, where the T group was the primary Intervention. At a panel of the founders of ODD at the 2009 Academy of Management conference in Chicago, almost every one of the m, to a man, said that they were trained as writers or sociologists or engineers, but attended an ANT Institute T group where their lives changed. (Several also lamented that they were all white men in the field at that time, and on that panel at MOM. Following their ANT experiences, they tried to bring these insights they had obtained Into their organizations via the training function. By the ate sass, Just a few years after the field was founded by about a dozen Internal training and development people at Ant's summer home in Bethel, Maine, the theory was, â€Å"let's transform the way managers think about themselves and the ways they relate to people and solve problems, and once we've done that, we can send them back home to transform their own organizations† (Operas & Bradford, 2004).Evidently, there were some who said that the ODD function should stand on its own and be independent to other intelligence (Burke, 2 ). Others, however, were concerned t the field of ODD was too new and unknown and should reside in the personnel or raining function, as advocated by Shell Davis of TRW Systems, Sys Levy from Pillsbury, Herb Sheppard formerly of Sees, Dick Backyard, and others. Their belief was that â€Å"ODD at the time was too new, too ephemeral, and too suspect to survive on its own in the organization †¦Early on, then, two models or scenarios ODD and HRS: Do We Want the Lady or the Tiger? 17 about the place of ODD within the organization were debated regarding the wisdom of such a placement† (Burke, 2004). Theory Versus Fact The vast majority of the central thinkers, writers, and scholars in our field today (Cummings & Worldly, 2005; Marshal, 2009; Ferrymen & Worldly, 2009; Retell, et al. , 2009) write as if ODD is a separate and distinct field of practice, but the facts on the ground tell a different story.We are witnessing and participating in an unprecedented dissolution of the world, the HRS function is monopolizing the ODD function at an unprecedented pace, which is limiting our reach, blunting our effectiveness, and compromising our role. As a field, we are behaving as if there is nothing we can do about it; it is as if we are watching ourselves in an automobile crash in slow motion, worried and concerned at hat we see, and yet unable to find the brakes or grab the steering wheel to avert the collision and all of the collateral damage.Maybe the founders of the field were right that ODD was too new and too fragile to stand on its own. But they didn't count on what's happening now in the field of HRS. The Ascendancy of HRS Over the past 15 years, we have seen better and better leadership of the HRS function, with several universities now offering Masters' degrees in HARM and HARD and several MBA degrees with an HRS concentration. The result has been a generation of stronger, more tragic HRS managers who have achieved a seat at the table and are trusted advisors at the top of organizations.Many managers at the top of the HRS function are getting better by the year about understanding the dynamics of the organizations in which they serve. Increasingly, they can speak the language of the board room, and are not afraid to undertake even major organization change projects. This new generation of HRS leaders clearly understands that people and money are the powers that run organizations; and when the system can provide enough of the latter, their Job is to get Just enough f it into the hands of the former to get the Job done. And then return the rest to stakeholders. And to keep the organization out of court.In these regards, they are notably different from the generation of HRS managers and VSP that preceded them, when there was no professional training for HRS managers and when these posts often went to the UP who was due to retire next. The evolution of the training function also has had an impact. Ever increasing pressures to reduce costs nave torched the training diminution to get smart about impact evaluation. Kirkpatrick (1998) four levels have forced the training function to kook beyond end-of-session â€Å"smile sheets† to defend their budgets and make the case that training is a valuable investment.The result has been that training functions are now requiring training managers who have the skills to collect data, analyze it, and think systemically about what to do with it. Sounds familiar, doesn't it? If you needed The days of HRS staff being hired principally because they were people persons with DOD listening skills are gone. The trend toward activity based costing (BBC) is now showing the true cost of overhead functions such as HRS, and HRS is responding by asking itself more relevant to the business of the organization.Many HRS staff are now called business partners, often reflecting an aspiration goal, but quite distant from the actual reality of their skills on the ground. With this smarter, more strategic generation of HRS managers comes the instinct and desire to have at hand one of the most powerful levers for organizational change and renewal, the ODD function. Thus the trend of ODD roles and functions being acquired by HRS. And, to be clear, in merger and acquisition terms, these are not mergers of equals; they are straight up acquisitions of the ODD function by HRS.Another factor has been the pressure on HRS functions to be relevant to the business of the organization. The days of HRS staff being hired principally because they were people persons with good listening skills are gone. The trend toward activity based costing (BBC) is now showing the true cost of overhead functions such as HRS, and HRS is responding by making itself more relevant to the business of the organization. Many HRS staff are now called business partners, often reflecting an aspiration goal, but quite distant from the actual reality of their skills on the ground. Money to do that, wouldn't you be looking for a DOD ODD person?Often desperate to meet the ir utilization goals, the training function is very happy to let managers continue to believe that training is the answer to every problem, a kind of panacea for whatever ails. Leaders and employees alike seem to rely on training as the answer, believing perhaps that with the right education they can deliver what the business needs. That is certainly an easier solution to accept than facing ODD issues related to how people, teams, and departments relate and connect with one another, how business processes work, and how all connect with ND work toward the strategic direction of the organization.So, it is no wonder that smart HRS leaders are looking to candidates trained and educated in ODD to take on these business partner and training leadership roles, resulting in even more blurring of the lines between ODD and HRS. 18 ODD PRACTITIONER Volvo. 42 NO. 4 2010 Differences Are Real, and Important By now, this author's biases are probably clear: there are important differences between th e ODD and HRS functions; and as these roles collapse and the differences disappear, the field of ODD is losing its unique position in the organization and its effectiveness overall.We're behaving as a field as if we uncoil be living in a both/and world around this, when the truth is exactly the opposite. Many in ODD struggle to find and hold boundaries that separate people and things. We spend our entire time helping our clients make better connections between each other at all levels?individuals and pairs, cross unit collaboration, organizations working toward better partnerships, etc. But when it comes to ODD and our HRS cousins, we should be sharpening and better defining our boundaries, not blurring them, because the differences in our functions are real and important.The HRS function has a legally mandated, regulatory role: to provide people to fill Jobs, to reduce costs (for payroll, health care insurance, benefits, etc. ), and to keep the organization out of the courts and th e press by ensuring compliance and avoiding claims of discrimination or harassment. People view HRS as the people you go to with a problem that you want to make official. People feel that going to HRS puts things in the record. They see HRS as the enforcers or policemen.The ODD function has a developmental mandate; in fact, our Job is to increase the effectiveness of the organization and to maximize the potential of the human beings in the work force. We have theories, concepts, beliefs, and values through which we help our clients assure that there is alignment among strategy, structure, business process, and culture, while at the same time embedding human values such as honesty, respect, diversity, and voice.One model (Marshal, 2006) outlines three domains of knowledge for ODD practitioners: Ð’Â » understanding social systems, drawing on theories and ideas from the social sciences, including psychology, social psychology, sociology, anthropology, political science, and others, consistent with ODD aloes; understanding the wows and whys of change, including the bodies of knowledge that help explain how all levels of the system?individual, group, organizational, community, and even societies change; and understanding the role of the third party change agent, especially aiding the person in charge as well as the system itself to bring about the desired changes, requiring an understanding of the issues, politics, psychological processes related to being a third party in a change process. That doesn't sound much like the recruit, retain, train, and develop mandate of the HRS function, does it? It is hard to imagine even the highest functioning HRS departments being knowledgeable and skilled in all these areas. There are many in HRS who look at the list of ODD functions and say, â€Å"Oh, we can do that! † And, on occasion, they may be right.But the philosophies of the two disciplines are starkly different, as are the theory bases, the world views, the c ore skills sets, and their roles within the organization. There is a built-in conflict between the role of ODD consultant, coach or adviser with a developmental mandate working toward organizational effectiveness, versus the role to the R practitioner whose core mandate is regulatory and endorsement. Can a good HRS person advise on selected developmental matters, such as training strategies and needs assessments? Yes, as can a good ODD person. But the conflict of interest for the HRS staff shows up when the Action Research process of retreat planning and design requires them to interview staff about a manager's effectiveness.What staff member in her right mind would say something critical of their manager to someone from HRS, who is likely also to be involved in decisions about that manager's promotion, pay, and even succession planning? Or their own? HRS has its hands on too many of the organizational levers and has too many mandates centering around enforcement and control to ever be effective at drawing out of managers the truth about their insecurities, anxieties, and the shadow sides, that is so necessary to doing good work and being effective in doing ODD. Troubling Examples These concerns aren't Just theoretical, either. Quick conversations with a handful of colleagues, both ODD and HRS, turn up some troubling examples.In a large multinational organization, The Different Functions Organization Development Ђ Improve the effectiveness of the organization Maximize the potential of human beings and their contributions to the organization Align strategy, structure, business processes, and behavior into an effective corporate culture Model and foster humanistic values into the workplace Human Resources Manage employee attraction, retention, development, and performance management Develop and manage programs for employee relations, staff wellbeing, workforce planning, and workload management Ensure equity and diversity Reduce labor costs Avoid litigation E nforce corporate policies 9 the ODD staff and external consultants were forced to follow the rules that govern the rest of the HRS function around meeting with VSP and senior managers. The HRS UP insisted that he attend every meeting that the HRS?and ODD! ?staff had with other VSP in the organization. Not Just marketing or contracting meetings, but actual project meetings as well. He was unwilling to make an exception for the ODD staff lest the HRS staff get upset.Within weeks, his it was in Corporate Strategy along with the strategy and budget functions, where it had free reign of the organization and was in constant contact with the top dervish on strategy, structure, and corporate culture. It was later merged into the HRS function. The results: the best organization design people in town left (with all of their embedded knowledge) rather than be reassigned to deliver management training programs. Then a succession to HRS managers grade- practitioner is, then anybody can hang out a shingle claiming he or she is an ODD consultant. In fact, some years ago, there was an informal study of the members of the ODD Network that found that almost one third of them had taken on the label or the role of ODD consultant, with no previous education or training in the field.Not All Bad News To be clear, the field has shifted largely positively, over the past few decades, responding to some of the â€Å"red flags† that Larry Greener (1972) identified for ODD, including: Ð’Â » Putting individual behavior ahead of strategy, structure, process, and controls; Ð’Â » Overemphasized the informal at the expense of the formal organization, driving more for openness and trust to change the culture, often at the expense of efficiency, hierarchy, and accountability; Ð’Â » Driving open and trusting relationships as a normative model for change, without questioning the context or applicability in a even situation, and assuming that team building was always the preferre d intervention; Ð’Â » Putting process before task, enamored with the human dynamics of working together over getting the work done; and Ð’Â » Treating the manager as Just another stakeholder, relatively uninvolved in the planning and conduct of consultant programs rather than the key stakeholder. Historically, the field has addressed many, if not all, of these red flags among strong and well-grounded practitioners. However, many of them are still quite evident in HRS people who are trying to do ODD today.The Right Answer Reflecting on the various options for organizing and structuring the ODD function and constructing its relationship with HRS, the optimum solution is to establish In a large financial institution, the ODD function thrived when it was part of the IT function where it designed and facilitated large business process simplification projects. It had its best years when it was in Corporate Strategy along with the strategy and budget functions, where it had free re ign of the organization and was in constant contact with the top leadership on strategy, structure, and corporate culture. It was later merged into the HRS function. The results: the best organization design people in town left (with all of their embedded knowledge) rather than be reassigned to deliver management training programs. Schedule became a huge constraint on the work of the ODD function because consultants (internal and external) could not get into his calendar to meet with their clients. In a science-based organization the ODD function was fully financially self-sufficient, recovering the costs and a bit of an â€Å"upgrade† from its internal clients. Other HRS managers got resentful of this chargeable mechanism. They forced the manager of the ODD program to stop cupping her costs, which effectively killed the ODD function because it had no free- standing budget of its own. In a university, a very strong and capable ODD function has been merged and renamed Learning and ODD, resulting in the organization's best ODD talent being diverted into managing the training program for the university.In a large financial institution, the ODD function thrived when it was part of the IT function where it designed and facilitated large business process simplification projects. It had its best years when ally reduced the ODD function to delivering two day team alluding retreats, and a cadre of dozens of internal and external consultants has been whittled down to less than 10. In one knowledge -based organization we know, the ODD person is required to have the HRS person present during all contracting and data collection meetings. Clients are now creatively working around the requirement by calling the ODD staff directly on their cell phones after hours to discuss matters that they can't or won't say in front of the HRS people, who are not trusted in that system.No Boundaries, No Standards What Bradford and Burke (2004) said about the jack of standards in the field of ODD applies equally well to the lack of boundaries with the HRS function. â€Å"When there is lack of clarity as to the boundaries of the field and corresponding confusion about what the appropriate role of an ODD 20 the ODD function independently. Ideally, it would have a blended mandate and funding, charging back for local unit-specific work, and centrally funded for organization-wide efforts. There are instances when ODD should be working in partnership with the HRS function, specialists on one discipline speaking with and working closely with specialists of the other discipline.There are instances when the HRS function would be the ODD function's client; and there are instances when the ODD and HRS functions ought not to be working together at all, such as when there are conflicts of interest or large scale organization strategy or design projects not ready for implementation. There are disadvantages to being freestanding and independent within the organization. The O DD function may become vulnerable to exposure, scrutiny, and politics. Some ODD people can't play in the C-suite (Burke, 2004). The function would have to earn its stripes and compete for money and mandate with there functions in strategic planning, financial management, budget, and yes, even HRS.But the upsides of organizational independence are quite significant, and are evident now where strong ODD departments are standing on their own. The ODD function becomes central to the business of the organization, influencing strategy, mergers and acquisitions, divestitures, restructuring, etc. It works upstream, providing early input on the development of plans and processes, able to bring a systemic perspective and ODD values to actions that previously had been made primarily on financial grounds alone. It is present and able to influence the setting of the agenda, not Just the implementation of it. But How to Get There? It is no longer enough Just to be good at process.To be able to st and independently in organizations, free of the cover and support of the HRS function, ODD practitioners need to: Ð’Â » Know the major environmental, regulatory, and financial drivers of the organization; Know, be known by, and trusted by the top leadership to the organization; Know what's involved in evaluating, deciding, and implementing mergers and acquisitions, especially around blending corporate cultures and business processes; Be effective n working across cultures, in global environments, and especially today, virtually; and Be attuned to the organizational politics within the organization and within its governance structures. (Greener ; Cummings, 2004) Integrating sustainability and globalization into the world of ODD brings another set of challenges.To play effectively as a free standing function, free of support from HRS, ODD practitioners need: Ð’Â » New and better ideas for progress, guided by diversity, development, and sustainability; Ð’Â » To understand a nd be effective at intervening in economic systems, balancing productivity with innovation, sustainability, and perversity; socially constructed and negotiated (Bushes ; Marshal, 2008). As the boundaries of the field have expanded over the past 15 years to include more systemic perspectives, there are new challenges for how to educate new ODD professionals (Minoan ; Farther, 2008). That's a tall order for a field that has prided itself historically on being apolitical, focusing on the individual, following the lead of the client, ambivalent about asserting ourselves in leadership roles within our client systems, and seeing ourselves as a bit subversive in being countercultures. There is some good news here, however.

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Price of a New Life (Ellis Island) essays Ellis Island served as an immigration station for the Port of New York from January 1, 1892 through November 19, 1954. The stations peak years of immigration were from 1892 through 1924. In these years more than half of the United States immigrants came to this The history of Ellis Island begins with Samuel Ellis purchasing it in the 18th century and renaming it after his family. In 1890 the House Committee of Immigration chose Ellis Island as the immigration station for the Port of New York (Queensbury 1). It took only two years to get the Island up and running and it saw its first immigrants in 1892. Many buildings made up the immigration station with the main buildings four towers rising over 140 feet in the air. The original main building consisted of just two floors, the first of which housed the baggage check area and the railroad ticket office. The second floor was the Registry Room. The Registry Room was where the immigrants were inspected for physical or mental impairments. Only two percent of immigrants excluded from entering America, but during the peak years of immigration this equaled thousands of immigrants per month (ARAMARK 2-4). During the night of June 14, 1897 there was a massive fire which destroyed many of the buildings at Ellis Island. Although there were over 200 people on the island at the time of the fire, no one was killed. The fire caused $600,000 worth of damage. Congress was quick to spend this money to regain the service of the Island. With the restoration of the main building came a new floor. The first two floors still housed the same activities as before, but now a third floor was added and used as a dormitory. This renovation also included fire-proof buildings to avoid this type of disaster again (Queensbury 2). On the night of July 30, 1916 someone set off an explosion of dynamite and munitions on Black Tom Warf in New Jersey. Over 5...

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