The Epic Of Beowulf By William Shakespeare - 932 Words

To be a hero it was meant that you were a great warrior, but still have the values of being kind and modest. Before Beowulf arrived to Herot he was known for his heroism, which was shown again and again during the fight with Grendel, the fight with Grendel’s mother, and his final battle with the dragon. While his heroism was shown at each of these events, there were changes in his heroic nature over time. Regardless of these changes, he was still seen as the mighty hero throughout the epic poem of Beowulf. As Beowulf was making his voyage to Herot from Geatland to help fight Grendel, the Dane’s already knew of his heroic nature and how amazing he truly was. He was brave and courageous, doing many things that others wouldn’t dare do in their right minds. He was incredibly strong unlike any other man, and was the son of Ecgtheow, the King of Geats. â€Å"There was no one else like him alive. / In his day, he was the mightiest man on Earth, / highborn and powerful. † (Beowulf ll, 196-198). He was a legend of his time and for many after that. As a leader of the warriors, he was well respected for his bravery. â€Å"The man whose name was known for courage, / the Geat leader, resolute in his helmet, / answered in return:† (Beowulf ll, 340-342). His heroic nature before arriving was seen as a strong, brave and powerful; a warrior ready for any battle he was thrown into. This type of heroic nature continued through his battle with Grendel in the mead hall. â€Å"Mighty and canny, / Hygelac’sShow MoreRelatedThe Epic Of Beowulf By William Shakespeare1549 Words   |  7 PagesBeowulf is one of the earliest and most famous works of English literature, and is still widely read today. However, over a thousand years has passed since it was written down in England, and even longer since it was originally spread by word of mouth in the old norse lands, and our values and concepts of the world are radically different than the people of Beowulf’s age. Although the epic Beowulf shows their concept of simplistic duality, in which there is only black and white, good and evil, theRead MoreThe Epic Of Beowulf By William Shakespeare939 Words   |  4 Pageswithout actually writing things down. These epics would be passed from one another through verbal communication and were based around different aspects of life for a someone of Anglo-Saxon descent. The story Beowulf is a perfect example of how Anglo-Saxons based their stories around their beliefs on how a hero should behave. Around the time the story was first told, people were often terrified of the horrible things in the world. The character Beowulf was built around how a hero would be representedRead MoreThe Epic Of Beowulf By William Shakespeare977 Words   |  4 Pageslooking at a culture’s epic tales and heroes one can get an insight to the culture’s values and traits that are noble to them. Beowulf, as an epic hero, is a direct repres entation of the ideal man as seen through Anglo-Saxon eyes. In looking at the poem Beowulf and analyzing the characteristics of the epic hero, it will become evident the desired attributes that were desired in the Anglo-Saxon culture: physical strength, pride, bravery, selflessness, and loyalty. An epic hero is a person thatRead MoreThe Epic Of Beowulf By William Shakespeare953 Words   |  4 PagesBeowulf is one of the most well known pieces of literature in history. Written between 700 and 1000 AD, this poem has captured the minds of scholars, historians, and readers across the globe. However, despite the fact that it has been passed down for numerous centuries, perhaps one of its most fascinating characteristics are the intriguing battles that Beowulf, the protagonist, takes on. Throughout this epic poem, Beowulf takes on many battles, all of which are practically unwinnable. Each battleRead MoreThe Epic Of Beowulf By William Shakespeare1549 Words   |  7 PagesBeowulf is one of the earliest and most famous works of English literature, and is still widely read today. However, over a thousand years has passed since it was written down in England, and even longer since it was originally spread by word of mouth in the old Norse lands, and our values and concepts of th e world are radically different than the people of Beowulf’s age. Although the epic Beowulf shows their concept of simplistic duality, in which there is only black and white, good and evil, theRead MoreThe Epic Of Beowulf By William Shakespeare935 Words   |  4 Pageshis life for the good of others , well Beowulf was both. In the novel Beowulf , to me, the main theme of the entire story is heroism. Beowulf is your knight in shining armor or your fire fighter who goes into a living hell to save a kitten. Heroism is scattered all over this epic poem. Sure paganism and christianity are in it as well as good vs evil but they are not as i would say the backbone of Beowulf. to prove my opinion I shall gather quotes from the epic novel would strongly aid the fact thatRead MoreThe Epic Of Beowulf By William Shakespeare1176 Words   |  5 Pagesbeen nearly fifteen movies that were made after â€Å"Beowulf†. It may be due to the fact that â€Å"Beowulf† is one of th e most famous epic poems in the English Literature history. It is also the oldest surviving epic poem to date. â€Å"Beowulf† was written in 10000 AD in Old English by an author who remains unknown. In â€Å"Beowulf†, there are many important literary elements that help empathize the main motif of the poem. The motif of this poem is courage. Beowulf is about courage and it is shown through the charactersRead MoreThe Epic Of Beowulf By William Shakespeare1401 Words   |  6 PagesAnglo-Saxon focus qualities. A champion amongst the most prestigious works from that time period is Beowulf. The story tells us of how one man, Beowulf, sails to the rescue of King Hrothgar and his kinfolk remembering the final objective to extra them from a horrifying beast that is undermining their lives and additionally their way of life. The warrior Beowulf without a doubt demonstrates characteristics of an epic legend through valor, dedication, generosity, family relationship, accomplishi ng somethingRead MoreThe Epic Of Beowulf By William Shakespeare1836 Words   |  8 PagesBeowulf is one in a sea of many epic poems exemplifying battle, glory, great leaders, and, inevitably, death. Classic plot lines have followed the general flow of such stories from exposition to conflict to resolution, the majoity thriving off of a hero-villan mentality. The battle between good and evil has been perpetuated throughout history in literature and story. The media today suffers from the clear segregation of right and wrong just as much as society did in the days that Beowulf was firstRead MoreThe Heroes Of The Epic Of Beowulf By William Shakespeare1292 Words   |  6 PagesEpics consists of benevolent or disastrous intervention from the supernatural world, and the superhuman capabilities that the heroes and antiheroes occupy. Tales like these represent the characteristics of what heroes are considered to be during the time they were written; however, they follow a specific formula , namely that the Gods intervene in the lives of the hero and, that the hero is burdened with a tragic flaw. In Virgil’s Aeneid, it is Aeneas’ dangerous disobedience to the ordinances of the

The Importance Of Cross Cultural Differences Play

In today’s society, cross-cultural differences play a key role in shaping who we are as an individual, or so we tend to think. The proceeding study was conducted by Matisyohu Weisenberg and Zahava Caspi from the psychology department at Bar-Ilan University, Ramat-Gan, Israel, 1989. The topic of the study was pain during childbirth and its focus was to investigate, quantify, and compare the pain rating, pain behavior, coping style, and extroversion, of women during three separate stages as well as determine if the results were affected by sociocultural family of origin and education level (Weisenberg et al., 1989). The researchers attempted to measure pain rating during the following stages of childbirth: (1) after the complete dilation of the cervix; (2) when the mother was instructed to push; (3) right after the child had left the mother (Weisenberg et al., 1989). Numerical data was obtained from each of the women at the start of each stages via a one hundred-point scale; zero meaning that there was no pain and one hundred meaning that the pain was excruciating. The start of each of the three stages was determined by the birth-giving assistant on duty (Weisenberg et al., 1989). The researchers also observed and measured the mothers pain behavior during the process (paying attention to screaming, clenching, hair pulling, ect...) using sixteen separate categories on a zero to four scale; zero meaning that the expected behavior is non-existent, and four meaning that theShow MoreRelatedThe Impact Of Culture On International Marketing Communication1486 Words   |  6 PagesSUMMARY Cultural factors have long been known to impact the communication and success capability of competition in conducting worldwide business. The objective of this report is to recognize the importance of cultural factors occurring in marketing communications. Therefore, it discusses the following: †¢ Key issues in cross-cultural marketing communication which shows identifying the cultural factors to support marketing communication in the proposed markets and pre-requisites for cross-cultural communicationRead MoreLink Between Emotional Intelligence and Cross-Cultural Leadership1033 Words   |  5 PagesKarounos, T.J. (2009), â€Å"Exploring the Link between Emotional Intelligence and Cross-Cultural Leadership Effectiveness†, Journal of International Business and Cultural Studies, Vol. 1, Feb. 2009, pp. 1 – 13. Introduction Along with the globalization of business, many corporations are facing the challenge of operating in a different culture. The writers made a connection between emotional intelligence and cross-cultural leadership effectiveness to deal with this situation, this article also presentedRead MoreCross-Cultural Work Environments750 Words   |  3 PagesNaeja Silar January 14, 2012 Leadership and Organizational Behavior Unit 1 Assignment Organizational Theory: Cross-Cultural Work Environments I will be researching a theory on the analysis of cross-cultural management style and structure. In researching this theory, it will help managers in a multinational company, or work environment, interact with employees of a diverse background. In understanding, and getting a better idea of how cultures interact in workplace environments, the managerRead MoreA Long Way Gone : Memoirs Of A Boy Soldier1352 Words   |  6 PagesNowadays, cross-cultural communication is one of the keys to survive in this society. It plays an important role in our society. The book, A long way gone: Memoirs of a boy soldier, describes several cross cultural issues. This book is based on the true story of Ishamel Beah, who was solder in Republic of Sierra Leone. During his life time, he face a number of cultural shocks and tried to adapt each situation. Through story of his life, we can recognize some cultural differences and similaritiesRead MoreIn Both Sources, Belsky’S 2016 Book, Experiencing Th e Lifespan,1347 Words   |  6 Pages In both sources, Belsky’s 2016 book, Experiencing the Lifespan, and De Bolle et al’s 2015 study The emergence of sex differences in personality traits in early adolescence: A cross-sectional, cross-cultural study, the topic of age differences in relation to the sexes is a key topic. The study’s goal is to illuminate the problems with various past studies and to use the cross-sectional design to their advantage. They accomplish this by evaluating twelve to seventeen year-olds of both sexes from allRead MoreCross Border Merger And Acquisition1477 Words   |  6 PagesKomalpreet Kaur Sandhu May 21, 2016 Professor Mitchell Marks Cross-Border Merger and Acquisition INTRODUCTION Cross-border merger and acquisition refer to acquiring a company in another country. In the cross-border merger, companies combine their assets and liabilities into a new entity, whereas, the cross-border acquisition is a transformation process of assets and liabilities of the local company to foreign company (foreign investors). Cross-border merger and acquisition involve two countries, thereforeRead MoreVietnamese vs American Styles1698 Words   |  7 Pagesthe U.S. and Vietnam has opened great opportunities for many American companies to do business in this rapidly growing country. However, cultural barriers can adversely affect business transactions right from the negotiation process. American companies seeking a successful cross-cultural negotiation in Vietnam should understand, tolerate, and adapt to the differences in communication style between their home country and Vietnam. The purpose of this research paper is to provide some insights into communicationRead MoreBenefits O f Television Travel Programs Essay1449 Words   |  6 Pagessuggested the importance of TV programs in promoting China’s image to the world while other researchers have theoretically investigated those programs’ communication strategy. But most studies of TV travel programs are with the attention being given to tourism management and tourism economy, there has been few studies on the cross-cultural communication of travel programs. Therefore, the study of Travelogue’s past prosperity and today’s running state in the perspective of cross-cultural communicationRead MoreCross Border Mergers And Acquisitions1407 Words   |  6 PagesINTRODUCTION Cross-border mergers and acquisitions refer to acquiring a company in another country. In the cross-border merger, companies combine their assets and liabilities into a new entity, whereas, the cross-border acquisition is a transformation process of assets and liabilities of the local company to foreign company (foreign investors). Cross-border mergers and acquisitions involve two countries; therefore, the country of the acquiring company is known as home country, whereas, countriesRead MoreOrganizational Dialogue And Inter Cultural Communication1279 Words   |  6 PagesInter-Cultural Communication Introduction Communication is unquestionably one of the most critical skills to refine. Communicating effectively and clearly in your own environment and comfort zone is challenging enough, and even more critical and challenging in an exponentially different culture. In this age of cultural diversity and Globalization is being able to communicate in the face of cultural diversity plays a more important than ever. Today in this essay I try to elucidate how cross cultural

Legal Risk Management International Labour Organization

Question: Discuss about the Legal Risk Managementfor International Labour Organization. Answer: Introduction The construction business is a very important sector of the industry (Zunk et al. 2014). The projects in construction are one of the very efficient part of the business. The projects in constructions require proper support and initiative from the government and the contrition companies as well. The project that was proposed, is documented in this report. The ORally Architects Company have been provided with the responsibility of renovating of the building (Laplume and Dass 2015). The report contains the scope of the project that is proposed, the legislations that are involved with the proposed project. In addition to this, two from for the contracts have also been provided in the report. The report also discusses the risks that are involved with the contracts. Scope of the Proposed Project The objective of the construction project is to perform the construction work on the terrace of the building. The Terrace of the building is to be extended. The project constructor would be provided the laborers that he requires for the completion of the project. The document of the project in which the construction structures and the measurements are also provided to the constructor. In addition to this constructor is required to complete the project within the budget allocated for the project. The allocated budget for the project is not to be extended. In addition to this there are two roads on either sides of the construction site. It is to be made sure that the roads are not damaged or blocked due to the construction work of the project. In addition to this the project would be completed in two steps. Firstly, the planning phase where the project timeline and the planning would be done. And secondly, the construction phase where the actual implementation of the project would be d one. In addition, to this project should also compliance with the Australian legislations that are applicable for the project. Legislations Applicable to the Project The project was involved with various legislations. They were: The Environment Protection and Biodiversity Conservation Act of 1999:- The Act is involved with the maintenance part of the environment (Ekroos et al. 2014). It maintains the sustainability of the environment. The act would be viable for the project as the construction industry needs adaptability to keep up with the changes in the environment. The industry must to harm the environment and the surroundings. The Commercial Building disclosure Act: - The Act is concerned with the efficiency of the energy that would be required for the project. The law is applicable only when the commercial area of the building that would be constructed is more than 200 sq. meters and is offered for sale or leasing. Under the act, the affected people and the sectors of the society that would be affected are listed. The project has roads on both sides of the building. Hence, it is manadatory that the project is compatible with this law. The Competition and the consumer Act 2010:- The Act is generally involved with the market sector of the project (Corones 2014). The relationship in between the suppliers, consumers, retailers and the wholesalers are complaint with this act. The main aim of this act is to enhance the welfare of the people residing in Australia by promoting the fair trading policies and the competition. There is also a provision made for the protection of the consumers, who are associated with the project. The act also covers the labeling of the projects and also includes the safety of the project, unfair prices in the market and also monitoring and regulating the prices of the industry. This act is applicable in this project, so that the budget of the project is, maintained properly. The Your home Act: - This is a legislation of Australia. It is used for renovating and buying the homes. IT basically provides the guidelines for these kind of activities. According to this act the building should be providing a healthier atmosphere, economical for running, adaptable to the changes. The law is applicable for the proposed project as the project is related with residential buildings. IN addition to this the law also sees to it that the industry does not cause any harm to the environment. The National House rating Energy Scheme:- This is a scheme provides estimations of the thermal performances of the residential buildings and provides ranking to them according to their performances (Dewsbury 2015). This ranking is applicable throughout the entire nation. The law is applicable in the project as the project deals with construction work and there are road on both sides of the project site. The fair work building and construction Act: - The act regulates the laws that are associated with the workplace in the building and construction industry (Capuano 2016). They provide the education, advice and the compliance activity. The act is to be applied in the proposed project as the education of the architects of the projects are to taken into consideration. The safety of the site and the workers that are associated with the projects would completely depend on the education of the architects. In addition to this the engineers advices are to paid heed as it would help in proper implementation of the project. Australian building codes board: - The board of council is responsible for the managing the maintaining and developing the codes and the standards of the national level for construction of the project. It also deals with the regulatory system development. It is also concerned with the uniform code that should be maintained by the workers and the engineers that are involved in the projects. The law is required for maintaining the safety of the organization. The Australian Paint Approval Scheme and Painting Contractor Certification Program:- This scheme provides the accreditation and the provides the lists of the industries that are concerned with the coating. This law can be applied to the proposed project as there is a painting section in the project. It can also highlight the sectors that the industry is prone to danger. The national construction code: - The NCC is legislation of the Australian Government which handles the onsite building and the plumbing requirements (Webb and Lin 2015). According to the rule there is minimum requirement by the designs and performances about the construction that they have to meet. This rule s across the whole country. The rule can be applied for the proposed project in the sector of the design and the planning of the project. The Australian council of procurement and construction: - The council is responsible for the procurement and management policy of the assets. The council consists of 11 member and they manage the design, procurement and the management of the project. The law is to be applied in the proposed project as it deals with the construction activities. For the project to proceed further it requires approval of this council. The Contracts The two forms of contract that can be used for this project are: The Australian Building Industry contract: The contract was develop by the Royal Australian Industry of Architecture (Kassem et al. 2015). The constrains, that are associated with this contract are that the maximum profit obtained by the contractor can be regulated accordingly. The regulations are judged according to the differences in the performance of the contractor and the sum that would be provided. If the performance of the contractor exceeds the expectation then the contractor is liable to receiving payment in excess of the provisional amount. Cost plus Contract: The contract is associated with the payment of the costs that is incurred actually in purchasing or other building expenses (Gagnepain, Ivaldi and Martimort 2013). The contract contains pre negotiable such as the contractors overhead cost and the profit gained by him. In addition to this cost is classified into direct or indirect costs. Risks Associated with the Contracts The risk that are associated with these contracts are: Firstly, The Australian Building Industry contract fails if the rate of the interest are not mention properly. Secondly, the cost plus contract are harder to track. So the contract needs an immense amount of supervision Conclusion For conclusion it can be said that the report describes the scope of the project successfully. In addition to this, the report also provides that legislations that are associated with the proposed project and also the forms of the contracts and the risk associated with them. In the construction project the buildings are to build following all the set of rules that are required to be followed in order to compliance with the building policies of Australia. I addition to this, the construction site has two roads on both its side so the contractor needs to keep in mind the environment and the surrounding of the construction site and see to it that no harm is caused due to the construction of the building. References Capuano, A., 2016. Giving Meaning to'Social Origin'in International Labour Organization ('ILO') Conventions, the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth):'Class' Discrimination and its Relevance to the Australian Context. Corones, S.G., 2014.Competition law in Australia. Thomson Reuters Australia, Limited. Dewsbury, M.A., 2015.The empirical validation of house energy rating (HER) software for lightweight housing in cool temperate climates. Springer. Ekroos, J., Olsson, O., Rundlf, M., Wtzold, F. and Smith, H.G., 2014. Optimizing agri-environment schemes for biodiversity, ecosystem services or both?.Biological Conservation,172, pp.65-71. Ellwood, H., 2014. Scope of Project. Gagnepain, P., Ivaldi, M. and Martimort, D., 2013. The cost of contract renegotiation: Evidence from the local public sector.The American Economic Review,103(6), pp.2352-2383. Kassem, M., Succar, B. and Dawood, N., 2015, January. Building information modeling: analyzing noteworthy publications of eight countries using a knowledge content taxonomy. American Society of Civil Engineers. Laplume, A.O. and Dass, P., 2015. Outstreaming for ambidexterity: evolving a firm's core business from components to systems by serving internal and external customers.Long Range Planning,48(3), pp.135-150. Moraes, P., McCoy, K. and Carberry, S., 2016, September. Enabling text readability awareness during the micro planning phase of NLG applications1. InThe 9th International Natural Language Generation conference(p. 121). Seo, M.S., Kim, T., Hong, G. and Kim, H., 2016. On-Site Measurements of CO2 Emissions during the Construction Phase of a Building Complex.Energies,9(8), p.599. Webb, A. and Lin, X., 2015. Slip Resistance Assessment of Carpets for Compliance to National Construction Code of Australia. Zunk, B., Marchner, M., Uitz, I., Lerch, C. and Schiele, H., 2014. The role of E-procurement in the Austrian construction industry: Adoption rate, benefits and barriers.International journal of industrial engineering and management,5(1), pp.13-21.

Music Education Essays - Educational Psychology, Teaching, Learning

Music Education The best teachers in this world ask just the right questions I'm convinced. I look at my past experience with teachers. The ones that stick out in my mind as facilitating the most amount of growth in the students have been able to get responses from them by asking direct questions that spark the student's own personal creative thinking. The teachers have presented themselves (their material, their presence, their goals, their very nature, etc.) in a way that strikes the students as being unique and that this teacher has something of value to offer. The student sees this leading quality and either subconsciously or consciously asks themself how am I going to get that stuff that teacher has?. The student ends up being curious and wants to learn, and wants to learn for themself. This also benefits the whole area of discipline. Since the students have developed a respect for what that teacher has to offer, than they do not think or even want to be disruptive. Of course, there's always that special one in the crowd that has so much baggage their tendency to misbehave is not stopped by this one amazing teacher, but it's stunted nonetheless. Thought-provoking questions in an atmosphere that promotes risk the best to stimulate critical thinking. The teacher has this responsibility to share the process of critical thinking in order to provide that safe atmosphere where ideas are appreciated and warmly accepted. Listening in conjunction with questioning and classroom dialogues promotes thinking about music. The combination of lecturing accompanied by dialogue of analysis, synthesis, and evaluation of content enhances learning. I think that a good music teacher will create and maintain a positive and comfortable atmosphere where students can dialogue advances discovery and critical thinking. It is important for teachers to have that sensitivity towards the students where they can feel comfortable taking risks. Teachers can use small groups as a way to give a greater number of students a freer feeling to talk about music. This kind of classroom interaction lends itself to a meaningful self-evaluation where one can seek to imp rove in their weakness. The students may feel a nudge to improve up to their friends ability. Or the students may find how different people offer different views to music, and that in itself can be an inspiration to seek out more perspectives or to grow more personally with their music. I feel like talking about conducting right now because this is going to become a huge part of music teaching when I Actually get there. There are many incredible conductors out there. Some of their qualities are so impressive. Some characteristics of a good conductor are having clear definite down beats, they are commanding in their leadership role and have the players attention completely. They should be able to express the meaning or atmosphere of the music through their gesture. They should be able to pick out the different parts of the music because they know the instrumentation and score well. They should know the history and context of the music so that it is presented in the manner the composer intended. The technique of their arm movements should be well-trained, and with the ensemble they should be motivating, encouraging, and inspiring. To obtain a certain quality of conducting requires a great deal of skill. Practicing conducting like any instrument, or any sport or art fo r that matter, is required in order to reach that high state of excellence. I as a trombone player practice a substantial amount to achieve a superior level of playing. Conducting is no different. It too requires a lot of practice. The conductor, however, works on conveying an inspiration of what the music is intended to sound like by the composer. The conducting teacher relates the composer's inspiration, the historical background, listens for parts that require modification, helps the students become self-aware of where improvement should take place, keeps a focus with clear goals in mind, creates a positive learning atmosphere, etc? with the help of all the practicing they did before class time. Its a loaded job. J Right now I am finding a great value in mission statements. Mission statements made byt he music teacher

Bronchiectasis-Revisited Essays - Respiratory System, Medicine

Bronchiectasis-Revisited Essays - Respiratory System, Medicine Bronchiectasis-Revisited K. Neelakantan Viswanathan Introduction: Bronchiectasis is a common chronic lung disease characterized by a "vicious cycle" of infection, inflammation and irreversible destruction in the airway (4). Laennec in 1819 defined bronchiectasis based on the findings in an infant who died of whooping cough."Bronemon" in Greek means the windpipe and "ektasis" means stretched out or extension (9).Bronchiectasis is a pathological, irreversible dilatation of the proximal, medium sized and terminal airways more than 2 mm in size, the 4th to the 10th generations being involved (10). Pathology: The normal bronchial wall consisting of cartilage, muscle and elastic tissue gets destroyed and is replaced by fibrous tissue. There is chronic,recurrent infection of secretions that pool within the airways. The organisms produce pigments, proteases and other toxins impairing mucociliary clearance. Epithelial injury is induced by the host inflammatory response, largely due to neutrophil-released mediators and protection against infection is compromised. There is also bronchial and peribronchial inflammation and fibrosis, bronchial wall ulceration, squamous metaplasia and mucous gland hyperplasia. The pulmonary parenchyma supplied by. The abnormal airways contain areas of fibrosis,emphysema,bronchopneumonia and atelectasis in varying combinations (1). The bronchiectatic cavities may be lined by granulation tissue,squamous epithelium or normal ciliated epithelium(6).Bronchiectasis may be accompanied by massive collapse in which all the airways and alveoli distal to the site of collapse are deflated resulting in an airless lobe (13).Reid's Classification (1950) divides this entity into saccular (cystic), fusiform (cylindrical) and varicose types (7). In addition there are follicular, nodular and traction types. There is transmural inflammation and mucosal oedema in cylindrical types, cratering and ulceration in cystic types with bronchial arteriole neo-vascularisation and distortion due to scarring or obstruction from repeated infections in the varicose types (4). In traction types there is extensive volume loss of lung bringing the upper and lower parts of the spine together with concavity to the affected side. Bronchiectasis commonly affects lower lobes, the left more frequently than the right. Next in frequency are the right middle lobe and the lingual (8). The apical segment is spared (12).Aspiration commonly affects the right lung and the lower lobes or the posterior segment of the upper lobes (4).Bronchiectasis sicca involves the upper lobes and is characterized by haemoptysis instead of sputum production, the aetiology, most often, being tuberculosis. Cystic fibrosis and allergic bronchopulmonary aspergillosis (ABPA) also affect the upper lobes.ABPA produces proximal or central (perihilar) bronchiectasis involving 4th-7th generations. Nodular bronchiectasis occurs in Mycobacterium avium infections. It is common in white women aged 55 and above with chronic cough with middle lobe or lingular involvement (4). Pseudo bronchiectasis occurs in expansion of a collapsed lung, usually after pneumonia. Aetiology: The causes of bronchiectasis may be easily remembered as follows: Bordetella pertussis infections Respiratory syncitial virus, Rheumatoid arthritis,Riley -Day syndrome,Relapsing polychondritis Obstruction by foreign body Neoplastic / Nodal compression Chagas disease Hypogammaglobulinaemia (especially selective deficiency of IgG2), HIV infection,Herpes simplex,Histoplasmosis Influenza,Inflammatory bowel diseases,Interstitial lung disease (fibrosing alveolitis) Exanthems-measles, mumps Cystic fibrosis, Congenital sequestrated lung. Coeliac disease, Ciliary dyskinesia (primary), in which the respiratory mucosal biopsy shows broken or missing ciliary spokes Tuberculosis,Toxins- ammonia, paraquat Aspiration of gastric contents,Alcoholism,Adenovirus infections,Alpha-1- antitrypsin deficiency,Atypical Mycobacteria (avium),Atypical pneumonia( Mycoplasma), Allergic bronchopulmonary aspergillosis (ABPA) Systemic complement deficiencies, Sjogren's syndrome,Sarcoidosis Idiopathic (commonest) Syndromes associated with bronchiectasis Kartagener's syndrome: an autosomal recessive' disorder, described in 1933 by a pediatrician, characterized by situs inversus, frontal sinusitis or agenesis of frontal sinuses and bronchiectasis. It is also associated with immotile cilia, due to an abnormal protein involved in the modified ciliary motility causing absence or aberrance of dynein arms, and hence persons with Kartagener's syndrome are infertile. The situs inversus is the chance result of embryonic migration of viscera rather than the normal cilia- dependent placement of internal organs (12). . Young's syndrome: characterized by obstructive azoospermia as a result of enlarged, palpable and obstructed epididymal head and obstruction by inspissated secretions (2). Williams Campbell syndrome: characterized by expiratory collapse of proximal airways on bronchoscopy. There is generalized bronchial cartilage deficiency leading to bronchomalacia. Mounier-Kuhn syndrome: characterised by congenital deficiency of bronchial cartilage associated with tracheobronchomegaly. Enlargement of the airways and deep corrugations produced by the redundant musculo-membranous tissues between the cartilaginous rings gives roentgenographic appearance of multiple diverticulae on CT (lO). Brock's syndrome: characterized by right middle lobe collapse, the bronchiectasis being caused by a foreign body or enlarged lymph node, usually tuberculous. Chandra- Khetarpal syndrome:characterized by levocardia, bronchiectasis and frontal sinusitis. Ciliary dysfunction is not a feature of this syndrome (3). MacLeod's (Swyer-James)syndrome: in which the disease is associated with a unilateral hyperluscent lung and characterized by brochiolitis obliterans (4). Yellow nail syndrome: associated with lymphedema and pleural effusion due to hypoplastic lymphatics. Childhood pentad of bronchiectasis:Whooping cough, measles, mumps, influenza, and primary complex are considered to be childhood infections that predispose to bronchiectasis in adult life. Clinical Features: Persons with bronchiectasis bring out copious foul smelling khaki-coloured sputum

Up and Down Phrasal English Verbs

Up and Down Phrasal English Verbs Phrasal verbs formed with up and down are used to indicate increases and decreases in a number of qualities. Each use is indicated by a specific general quality followed by a synonymous verb or short definition. There are two example sentences for each phrasal verb with up or down. Heres an example: Up Increase in ValueDown Decrease in Value to put up (S) to raiseThe supermarket put coffee prices up in January. to bring down (S) to reduceThe recession brought profits down sharply. Remember that phrasal verbs can be either separable or inseparable (review separable inseparable phrasal verbs). Each phrasal verb is also marked as separable (S) or inseparable (I). In the case that verbs are separable, examples will use the separable form of the phrasal verb. For inseparable phrasal verbs, examples keep the phrasal verbs together. Phrasal Verbs With Up Up Increase in Value to put up (S) to raise Well have to put our prices up to compete.Have they put the price of corn up recently? to go up (I) to increase The price of gas went up in March.Our rent went up in January. Up Increase in Size to bring up (S) to raise (usually children) They brought their children up to be responsible adults.Were bringing up two children. to grow up (I) to become older Youve grown up since I last saw you.The children grew up so fast. Up Increase in Speed to speed up (I) to go faster in a vehicle He quickly sped up to sixty miles an hour.His motorcycle can speed up to 100 quickly. to hurry up (I) to do something faster, to get ready faster Could you please hurry up?!Ill hurry up and finish this report. Up Increase in Heat to heat up (S) to make hotter Ill heat the soup up for lunch.What should I heat up for dinner? to warm up (S) to make hotter Ill warm this soup up for lunch.Would you like me to warm your tea up? Up Increase in Happiness, Excitement to cheer up (S) to make someone happier Can you cheer Tim up?I think we need to cheer them up with a song or two. to liven up (S) to make something more fun Lets liven this party up with a game.We need to liven this meeting up. Up Increase Sound to turn up (S) to raise the volume Please turn the radio up.I like to turn the stereo up when nobody is home. to speak up (I) to speak with a stronger voice You need to speak up for people to understand you.Please speak up in this room. Up Increase in Strength to build up (S) to increase over time Its important to build your muscle strength up over time.Theyve built up an impressive stock portfolio. to pick up (I) to improve over time My health has picked up over the past few days.The stock market has picked up recently. Phrasal Verbs With Down Down Decrease in Value to bring down (S) to reduce They bring down prices after Christmas.The summer brought heating oil prices down. to go down (I) to decrease The value of the house went down during the recession.Gas prices have gone down dramatically over the past few months. to cut down (S) to reduce the value of Weve cut our research and development budget down significantly.Theyve cut their investments down to half. Down Decrease in Speed to slow down (I) to reduce your speed Slow down when you drive into town.My car slowed down and stopped at the intersection. Down Decrease in Temperature to cool down (S) to a lower temperature Youll cool down after you stop exercising.This cool towel will cool you down. Down Decrease in Excitement to cool down (S) to relax I need to take a moment to cool down.Tom should cool his friend down so we can continue the meeting. to calm down (S) to make less excited I calmed the children down with a movie.It took him a while to calm down after the meeting. Down Decrease in Volume to turn down (S) to reduce the volume Could you please turn that music down?I think you should turn the volume down on the radio. to keep down (S) to remain soft Please keep your voices down in the library.Id like you to keep it down in this room. to quieten down (S) to encourage someone to become quieter Could you please quieten your children down?Id like you to quieten the class down. Down Reduce Strength to water down (S) to reduce the strength of something (often alcohol) Could you water this martini down?You need to water down your argument.

The role of nurses in improving hospital quality and efficiency Assignment

The role of nurses in improving hospital quality and efficiency - Assignment Example The Patient Protection and Affordable Care Act has created a chance for the medically underserved populations to access health care across the United States. The legislation has made health insurance accessible by forming health insurance marketplace where people can access it through the internet. It has also provided civilians with incentives such as reducing insurance cost. Moreover, the legislation has led to the redefining of the health care system by introducing changes that have improved the quality, accountability and efficiency of the health care system; hence, helping reduce costs of providing health care to Americans (Rosenbaum, 2011). The government should play the following roles in the delivery of health care in the United States. Firstly, the government should regulate the health care markets. The health care markets are made up of both private and government hospitals, health care centers, and pharmaceuticals. The government should ensure quality services and medicines are sold to its people. Secondly, the government should play the bigger part of providing health care in the country. This will help protect the people from low-quality services while extending health care access to all Americans in the United States (Tang, Eisenberg, & Meyer, 2004). Nurses can play individual roles in strengthening and improving the health care system in the United States. A nurse can contribute to the quality improvement in the health system by participating in nursing leadership forums in the hospitals.

Business related topic Essay Example | Topics and Well Written Essays - 250 words - 3

Business related topic - Essay Example The laborers provide highly  crucial  service to the company and contribute to a significant  amount  the success of the company. They  ensure  the  match  in availability and quality with  consumer  expectations safeguarding the reputation of the company. As such, it is  right  that they  have  comfortable  conditions such as health coverage and decent pay  consequent  with  reasonable  working hours. This  way  they also are able to  give  their best raising  output  levels. Legally, there are safety regulations and accepted conditions that such laborers can  get. Adhering to such might save the  company  from legal problems and avoid its name tarnished. It would also improve operational efficiency, thus increasing  output, reducing labor costs, and increasing profitability. Though the company executives  ascertain  that the company is taking care of its employees (Duhigg  and  Barboza  7), there are still complaints on the same. In order to ensure that both the company and laborers are  comfortable, representatives from both sides need to meet and discuss their issues. They can agree on  crucial  issues and  do  away with unnecessary expenditures. Such agreements and their implementation need to be left open for  scrutiny  by the public and government institutions thus ensuring they adhere to regulations. This would also help  lay  the truth in the  open  and  hold  either side  true  to their

Western cultures Essay Example for Free

Western cultures Essay

Famous :: essays research papers

So here I am, microphone in hand, about to sing in front of 100 million people across the world. The cameras are on me, and the audience has fallen silent in anticipation. How did this happen, you ask? How did I, Katie Skipton – an ordinary 15-year-old schoolgirl just a couple of days ago – get to become an overnight superstar? Glad you asked. Sit back, relax, and let me tell you about the craziest day of my life†¦   Ã‚  Ã‚  Ã‚  Ã‚  Three days ago, my class and I were looking forward to a fieldtrip that we were taking to France. We were studying Europe, and as the whole school knows, the sixth grade class votes on which country in Europe they want to visit. We voted on France this year because that’s the language that most of us were learning to speak.   Ã‚  Ã‚  Ã‚  Ã‚  Anyway, we were all at the airport waiting impatiently for our flight to come. People were looking at us funny. I mean, it’s not every day you see about 150 kids strolling around an airport with only ten adults. As I was sitting there, bored to death, I saw some of my friends go to the shops and cafà ©s, so I decided to go with them. We stopped by the bathrooms since most of us really needed to go badly. I always seem to take quite a while going to the bathroom. My friends already knew this, so they said that they would meet me at the cafà © across the hall.   Ã‚  Ã‚  Ã‚  Ã‚  When I was finally done going to the bathroom and washing my hands very thoroughly, I saw that there were three cafà ©s across the hallway. Which one did they go to? They could have at least had somebody wait here for me. Such good friends they are. Any way, I chose the one that looked most inviting, the one that would attract a lot of teens with its colorful appearance. I stepped inside and wandered around. Out of all the tables that were in there, none of them seated my friends. I had to find my friends because I didn’t know my way back to the waiting room.   Ã‚  Ã‚  Ã‚  Ã‚  I went to the next restaurant. I didn’t think they would be in here because it looked kind of junky and all I could see was a bar. They wouldn’t be allowed there. I had no luck in the last cafà ©, either.

Benefits Of Gardening

Benefits Of Gardening Gardening is a hobby for many people. Gardening means nothing to some people. Gardening is done all over the world in any type of weather. Gardening gives us pleasure and is very effective to our minds. Gardening is done at homes, hotels, parks etc. Nowadays there is barely any gardening done. Most people have forgotten the benefits of gardening. In the olden days every house had a garden. It was filled with vegetables, fruits and flowers. Nowadays most people think that gardening is useless.They buy all their vegetables and fruits from the market, but do they know whether the vegetables or fruits they eat are chemicalised or not? If we have our own garden there are two main and basic benefits. One is we can eat the fruits and vegetables without buying thus, reducing the expenditure. Two is we can be sure that the fruits we eat are fresh, healthy and non-chemicalised. The place where I live, gardening is done by most people but still some think it's useless. In my hometown, every house has a garden.It is a shelter from sunlight and it gives us an exercise. Most people nowadays fall sick when they are 40 or 50 years old but in my hometown it's quite different, all work in the garden from early morning till sunrise. It gives us a morning exercise and it makes us very energetic to do our work for the rest of the day. For most people gardening is a remedy for diseases like cholesterol and diabetes. It creates a peaceful mind. In the early morning when you wake up you hear the birds chirping in your garden. You can see green in front of you.People who have eye roblems are advised by the doctors to wake up early in the morning and see green plants. They will help to cure your eye problems. When you have a garden of flowers the fragrance that come from the flowers and the different beautiful colours are a real treat in the morning. Our life expectancy rate goes up if we are physically and mentally healthy, gardening helps in that case as well. I would say that overall gardening is a physical and psychological medicine for everybody. I encourage everyone to do gardening and you will find that you will get very good benefits from it.

The European Court of Justice and the Supremacy of Ec Law

THE EUROPEAN COURT OF JUSTICE AND THE SUPREMACY OF EC LAW I. INTRODUCTION In the making and promulgation of Community law, the European Court of Justice (ECJ) plays a crucial role. Many of the fundamental doctrines of EC law are not to be found in the Treaties, or secondary EC legislation, but in the case law of the European Court. No provision of the Treaty on European Union (TEU) contains an express term regulating the issue of the supremacy between the Community and the various national laws of the Member States. The only implied reference to the issue of supremacy is Article 10[1] of the TEU which imposes a duty on all Member States to adopt appropriate measures to ensure that the obligations of the Treaty are observed, together with an additional duty to abstain from all acts which might jeopardise the achievement of the objectives of the Treaty. Article 10 states that: â€Å"Member States shall take all appropriate measures, whether general or particular, to ensure fulfillment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community’s tasks. They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty. †. Thus, the principle of the supremacy of Community law over national law was first established by the European Court of Justice whose role is explicitly stated in Article 220[2] of the TEU: â€Å"The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed. † Prior to an analysis of the doctrine of supremacy and the relevant case law and implementation of the doctrine, an introduction into the composition, structure and practices of the European Court of Justice (ECJ) will be followed. THE EUROPEAN COURT OF JUSTICE †¢ Composition and Structure The ECJ, to which the Court of First Instance (CFI) is attached, is the judicial branch of the Community. It has been described by Shaw as â€Å"a heroin figure in the development of the EU†. The ECJ, which sits in Luxembourg, now has 15 judges who are assisted by 9 Advocate-Generals (AGs). Each Member State (MS) is entitled to appoint a judge of its own nationality. The appointment of all judges is required by Article 223 TEU[3] to be: â€Å"by common accord of the Governments of the Member States†. The term of office is six years and the appointment of new judges or reappointment (for another term) of the existing judges is staggered so that there will be a partial replacement of judges every 3 years. The judges select one of their number to be President of the Court for a renewable term of 3 years. The President directs the work of the Court and presides at hearings and deliberations. The ECJ is assisted by 9 AGs. Five of the 9 AGs should be appointed by the 5 largest Member States, the remaining to be appointed by the other Member States on a system of rotation. Their duty, which is set out in Art. 222 TEU[4] is, â€Å"to make, in open court, reasoned submissions on cases brought before the ECJ† with complete impartiality and independence. [5] The qualifications for selection, method of appointment and conditions of office of the Attorney Generals are the same as for the judges of the Court. The qualifications for selection as a judge of the ECJ are stated in Article 223 TEU[6] and require: persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence. † Furthermore, judges may not hold any other political or administrative office while they are members of the Court. In accordance with their respecti ve traditions, certain Member States have appointed academics to sit as judges, whereas others – such as the U. K. – have nominated existing national judges or practicing advocates. Although states tend to select their own nationals, the Treaty clearly requires that the judges be entirely independent of their national governments. Judging from the nature of the ECJ? s jurisprudence, the wishes of individual Member States have had little influence on its decisions-making. Under Article 221 TEU[7] the ECJ is permitted to sit in Chambers of 3 or 5 as well as in plenary session. The court will, however sit in plenary session when a Member State or a Community Institution which is party to the proceedings so requests, or in particularly complex or important cases. The organisation of the Court is regulated by a separate Protocol to the EC Treaty – Protocol on the Statute of the Court of Justice. Matters of procedure are regulated by this Protocol, including the content of oral and written pleadings, citation of witnesses, costs and expenses etc. The problem of over burdening the Court apparently continues to grow[8] despite the temporary easing of the caseload which the establishment of the CFI, in 1988 initially brought about. Other than the appeal on a point of law from the decisions of the CFI to the ECJ, there is no further appeal from the judgments of the ECJ, which is the ultimate or supreme Court of the EC. The Court of First Instance (CFI) †¢ Composition The Single European Act, (1988) authorised the Council of Ministers to create a CFI to alleviate the volume of work before the ECJ. The aim of the creation of the CFI in 1989 was to strengthen the judicial safeguards available to individuals by introducing a second tier of judicial authority and enabling the ECJ to concentrate on its essential task, the uniform interpretation of Community law. The CFI consists of 15 judges who are appointed by agreement between Member States for periods of 6 years. There are no permanent AGs. The duties of an AG are performed by one of the judges. †¢ Jurisdiction The CFI does not extend the jurisdiction of the ECJ, but rather, it exercises certain aspects of the Court’s functions. The jurisdiction extends to the following classes of cases: – staff cases – competition cases – cases under the ECSC Treaty – anti-dumping cases It has no jurisdiction to hear preliminary rulings. Furthermore, according to Art. 25 TEU, decisions of the CFI are subject to an appeal to the ECJ on points of law only. Enforcement of EC Law in Domestic Courts Like any true legal system, the Community legal system needs an effective system of judicial safeguards when Community law is challenged or must be applied. The ECJ, as the judicial institution of the Community, is the backbone of that system of safeguards. It is responsibl e for interpreting questions of EC law and provision is made in the Treaty for references to the ECJ by national courts. Decisions of the ECJ, upon a reference, are reached by majority vote and are binding on all domestic courts of all Member States. Under Article 234 TEU[9] it is provided that: â€Å"The Court of Justice shall have jurisdiction to give preliminary rulings concerning a) The interpretation of the Treaty; b) The validity and interpretation of acts of the institutions of the Community†¦ where such a question is raised before any court †¦of a Member State that court†¦.. may, if it considers that a decision on the question is necessary to enable it to give judgment, request the ECJ to give a ruling†¦Ã¢â‚¬ ¦.. Where any such question is raised†¦Ã¢â‚¬ ¦before a court of a Member State against whose decisions there is no judicial remedy under national law, the court†¦Ã¢â‚¬ ¦shall bring the matter before the Court. † It is through this Article that the ECJ has achieved the principle of supremacy and its uniform application in all Member States when Community law may be in conflict with domestic legislation. In CILFIT (1983) the ECJ emphasised that the purpose of the then Art. 177 was to ensure the proper application and uniform interpretation of EC law in all Member States. However, preliminary references procedure depends on the effectiveness of cooperation between the ECJ and national courts. The power to ask for a preliminary ruling rests solely with the national court and the power of the ECJ is limited to an interpretation of EC law[10]. In procedural terms, individuals still have no right of appeal to the ECJ and the national court can decide whether a reference is necessary; the Court? s judgements are still, in theory, at least, only given on points of interpretation and validity. However, following the many changes that the Community has gone under, the ECJ? s role has been evolutionary, siting at the apex of the Community judicial hierarchy. The increasing emphasis which the ECJ places on Article 10 TEU, rendering Community law applicable to national courts as well as to the political arm of Member States, is merely one important manifestation of this process in operation. The Community as a whole is in a state of transition, and it would be surprising if the relationship between the ECJ and the national courts were to remain immune from the wider changes. As the Community moves towards a closer social and political union, one could well expect the ECJ to cement its position at the apex of the judicial hierarchy. II. THE DOCTRINE OF SUPREMACY – PRINCIPLE The ECJ, as the guardian of legality and instrument of cohesion within the Community, has, from the start been in a strong position to define the status of Community law and to give it precedence when in conflict with the national legal systems of the various Member States. The first case where the Court made a statement on the nature of European law is the famous case of Van Gend en Loos v. Netherlands (1963)[11] dealing with the principle of direct effect of EC Treaty provisions and the degree to which individuals can rely on such terms to challenge measures of national law. In that case, which will be dealt with in detail later on, the ECJ stated that: â€Å"The objective of the EEC Treaty, which is to establish a Common Market, the functioning of which is of direct concern to interested parties in the Community, implies that this Treaty is more than an agreement which merely creates mutual obligations between the contracting states†¦ The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals†. The reasoning of the Court in the case is brief and apart from its elaboration on the concept of direct effect, where it stressed the need for direct enforcement by national courts of Community norms, little more was said about the need for national courts to accord primacy to EC law over conflicting national law. The Court’s focus in Van Gend was on whether Article 12 (customs duties on imports from Member States to other Member States) could give rise to so-called direct effects – the immediate enforceability in national courts by individual applicants of Treaty provisions – so that an individual could rely on and have that Article enforced before domestic courts. The approach of the Court was based on the Court’s vision of the kind of Community which those Treaties had set out to create, and the kind of legal system which the effective creation of such a Community would necessitate. It was in a second important case, two years later, however, that the ECJ expanded on its constitutional theory of the Community, declaring again that the states had created a sovereign Community by limiting their own sovereign rights. The case was Costa v. ENEL (1964)[12] and the facts were as follows: An individual was claiming before his local court that the law nationalising production and distribution of electricity was incompatible with the EC Treaty. The local court referred the question to the ECJ for a preliminary ruling. The ECJ in its judgment emphasised the unlimited duration of the Community, the autonomy of Community power, both internally and externally, and especially the limitation of competence or transfer of powers from the states to the EC. The Court was determined to show that the â€Å"words and spirit of the treaty† necessarily implied that: â€Å"It is impossible for the states to set up a subsequent unilateral measure against a legal order which they have accepted on a reciprocal basis†. The Court found the primacy of EC law confirmed by the wording of Article 189 EC Treaty[13] under which regulations have â€Å"binding† force and are â€Å"directly applicable in all Member States†. The Court pointed out that this provision which is not qualified by any reservation â€Å"would be meaningless if a state would unilaterally nullify its effect by means of legislative measures which could prevail over EC law†. The Court was thus able to reach a conclusion in Costa in words which have become classic and have had considerable influence in national decisions: â€Å"It follows from all these observations that the law stemming from the Treaty, an independent source of law could not, because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as Community law and without the legal basis of the Community itself being called into question. The transfer by the states from their domestic legal system to the Community legal system of rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail†. †¢ As in the case of Van Gend, the Court made no reference to the constitution of any particular Member State to see whether such a transfer or limitation of sovereignty was contemplated or even was possible in accordance with that constitution. Furthermore, the Court drew on the â€Å"spirit and the aims† of the Treaty to conclude that it was â€Å"impossible† for the Member States to accord primacy to domestic laws. The spirit of the Treaty required that they all act with equal diligence to give full effect to Community laws which they had accepted on the basis of state â€Å"reciprocity† – meaning presumably that since each state was eq ually bound by laws passed for the Community as a whole, they had all agreed that no one of them would unilaterally derogate from Treaty obligations. And since the â€Å"aims† of the Treaty were those of integration and co-operation, their achievement would be undermined by one Member State refusing to give effect to a Community law which, should bind all. In Van Gend and Costa v. Enel the Court set out its theorical basis for the principle of supremacy of Community law. The force and practical application of the principle became clearer still in its later decisions. In the following case, the Court made clear that the legal status of a onflicting national measure was not relevant to the question whether Community law should take precedence: not even a fundamental rule of national constitutional law could, of itself, be invoked to challenge the supremacy of a directly applicable EC law: Internationale Handelsgesellschaft v. Einfuhr (1970)[14] â€Å"Recourse to the legal rules or concepts of national law in order to judge the validity of measures adopted by the institutions of the Community would have an adverse effect on t he uniformity and efficacy of Community law. The validity of such measures can only be judged in the light of Community law†¦Ã¢â‚¬ ¦. The validity of a Community measure or its effect within a Member State cannot be affected by allegations that it runs counter to either fundamental rights as formulated by the constitution of that state or the principles of a national constitutional structure†. This decision gave rise for some time to a potentially serious deadlock in relations between the German Constitutional Court, which held that the Community deposit system breached a fundamental provision of the national legal order, and the ECJ, which denied that national constitutional principles could have any effect on the domestic applicability of Community law. But far from backing off from its claims, the Court continued to emphasise the importance of ensuring that the supremacy of Community law was not simply a matter of principle or of theory only, but was given practical effect by all national courts in cases arising before them. It is however, interesting to note that following this case, the ECJ evolved the concept of EU fundamental rights declaring them to be general principles of law that the Court will apply within the framework of Community law In Simmenthal SPA (1978)[15] an Italian judge was faced with a conflict between a Council Regulation on the common organisations of the market in beef and veal and the Italian veterinary and public health laws. Under Italian law, domestic legislation contrary to EC Regulations may be held to be unconstitutional but only by such declaration from the Constitutional Court and not by the ordinary courts. Should the Italian judge of First Instance disregard inconsistent national legislation without waiting for its repeal from the Constitutional Court? In a reference to the ECJ on the question, the latter held that the national court was under a duty to give full effect to Community law even where there was a conflicting provision of national law and without waiting for a higher court to rule on the matter. â€Å"Every national court must†¦Ã¢â‚¬ ¦. apply Community law in its entirety and protect rights which the latter confers on individuals and must accordingly set aside any provision of national law which may conflict with it, whether prior or subsequent to the Community rule†. Simmenthal is an interesting case, since it spells out the practical implications for the Community legal order of the principles of supremacy and direct effect. The facts of it highlighted a further problem for national courts: what if the national court was one which had no jurisdiction in the domestic legal system to question or to set aside national legislative acts? The clear implication of the Court’s response was that, even if the only national court empowered to pronounce on the constitutionality of a national law is the Constitutional Court, nevertheless, if such a case arises before any other national court, that court is bound to give immediate effect to Community law without awaiting for the ruling of the Constitutional Court. We therefore see how Community law has â€Å"conferred† on domestic courts – indeed how it has required them to exercise – powers and jurisdiction which they did not have under national law. The key emphasis in these decisions is on the principle of effectiveness. This certainly became clear in the U. K. after the ruling in the well-known Factortame litigation (1990)[16], on the question of interim relief against a provision of national law which appeared to conflict with one of Community law. The facts of the case were as follows: The U. K. Merchant Shipping Act 1988 operated to exclude from registration for purposes of fishing permits 95 fishing vessels owned by Spanish nationals who challenged the Act on the basis of breach of the EC Treaty – (discrimination by nationality). The U. K. Court asked the ECJ for a preliminary ruling. In the meantime, interim relief was granted and then lifted on the basis that that remedy did not lie against the Crown in English law. The ECJ ruled that interim relief must be available and that this obligation overrode conflicting domestic principles. The domestic court was required to set aside national law, if that would have prevented the grant of interim relief giving effect to EC law. This was required to enable effective enforcement of Community law: †¦.. the full effectiveness of Community law would be just as much impaired if a rule of national law could prevent a court†¦Ã¢â‚¬ ¦granting interim relief in order to ensure the full effectiveness of†¦Community law†. According to Lord Bridge of the House of Lords[17], â€Å"If the supremacy within the European Community of Community law over the national law of Member States were not always inherent in the EEC Treaty, it was certainly well established in the jurisprudence of the ECJ†. Thus, in so far as the Court was concerned, by 1990, the principle of supremacy of Community law and its practical effectiveness amongst Member States were established beyond question. However, the theory’s practical application is ultimately dependent on the internal acceptance and adaptation of the constitutional orders of the Member States. And as AG Roemer noted in Van Gend en Loos the constitutional orders of some of the Member States do not easily accommodate the principle of supremacy. The accommodation so far reached by the courts of various Member States on this issue will now be examined. For reasons of time, only some Member States will be discussed, although every state has its own interesting constitutional perspective to offer. III. THE PRINCIPLE OF SUPREMACY – IMPLEMENTATION †¢ MEMBER STATES Under Public International Law (PIL), there are 2 conceptions regarding the transfer or delegation of sovereign powers to international organisations: Monism |Dualism | |PIL+ national law ( part of one single system with PIL taking | PIL + national law ( separate systems, | |precedence. |each supreme within its own spheres. | |ie Dutch + French constitutions provide that duly ratified |ie UK ( here you need incorporation of | |international obligations preside over municipal law. PIL into national law by national Act of | |Also, Belgian courts achieved the same result in absence of explicit|Parliament in the form of a statute | |constitutional provision by proclaiming that international |BA v. Laker and Blackburn case ( | |obligations have effect superior to domestic law. |European Communities Act, 1972. | |( | | |directly speak of transfer powers. | | | | | |( | | |always seeking statutes to conform to EC law. | In practice, there is little difference in the application of EC law. In France, there was not any particular constitutional problem since the constitution provides that international treaties have a direct effect and are accorded supremacy. In accordance, Article 55 of the French Constitution of 1958 states that: â€Å"Treaties or agreements duly ratified or approved shall†¦.. have an authority superior to that of Laws. † However, the Conseil d? Etat, the supreme administrative court had difficulties in accepting the supremacy of Community law. In the case of Semoules (1970)[18], the problem was expressed as a jurisdictional one: The Conseil d? Etat ruled that, since it had no jurisdiction to review the validity of French legislation, it could not find such legislation to be incompatible with Community law, nor could it accord priority to the latter. Decisions on the constitutionality were matters for the Conseil Constitutionnel – the Constitutional Council. However, in the Jacques Vabres[19] case in 1975, the Court of Cessation – Cour de Cassation – the highest of the ordinary judicial Courts – took a ifferent view and ruled that when a conflict exists between an internal law and a duly ratified â€Å"international act† which has thus entered the internal legal order (Art. 55 of the Constitution) the Constitution itself accorded priority to the latter. It was not until 1989 in Nicolo case[20], however, that the Conseil d? Etat finally abandoned its so-called â€Å"splendid isolation† and decided to adopt the same position as the Conseil Constitutionnel and the Cour de Cassation. The caution displayed by the French Conseil d? Etat in its approach to the supremacy of Community law is evident in the case law of many other Member States. The Court of Justice? s view that national law can never take precedence over directly effective EC law on account of a transfer of sovereignty by the Member States and â€Å"the spirit of the EC Treaty† is not unconditionally accepted by the courts of Member States. In France, the main obstacle to the recognition of supremacy of EC law was the jurisdictional limitation of the French courts. In other Member States, in particular in Germany, the difficulties which arose related to the fundamental constitutional nature of the national legislation which appeared to contravene Community law. Article 24 of the German Constitution allows for the transfer of legislative power to international organisations, but in litigation which arose over apparent conflicts between Community legislation and provisions of the German Constitution, the extent of power which would be transferred in accordance with this Article was questioned. In particular, the focus of the case law was on whether Article 24 permitted the transfer, to an organisation outside the German constitutional structure of a power to contravene certain basic principles protected under the Constitution itself. Following the ECJ? s ruling in Internationale Handelsgesellschaft[21], the German Administrative Court ruled that the compulsory scheme regarding the Community deposit system breached basic principles of German constitutional law (compulsory payment of money cannot be imposed in the absence of fault) and it requested a ruling from the Federal Constitutional Court. The latter refused to recognise the unconditional supremacy of Community law. The major objection was a concern over the possible impact on basic rights enshrined in the German Constitution of conflicting measures of Community law. For this reason, it held that the clause in the German Constitution which allowed for the transfer of legislative power to international organisations would not cover a transfer of power to alter or amend an â€Å"inalienable essential feature† of the German constitutional structure, such as its express protection for fundamental rights. It concluded by saying that the protection for fundamental rights in the German Constitution would have to prevail in the event of any conflict. Having considered various changes in Community law since the time of the 1974 decision, including the development by the ECJ of a doctrine of protection for fundamental rights, and the fact that all Member States by this stage acceded to the European Convention of Human Rights, the German Court in Solange II (1987)[22] held that: So long as the European Communities, and in particular the case law of the European Court, generally ensure an effective protection of fundamental rights†¦the Court will no longer exercise its jurisdiction†¦Ã¢â‚¬ ¦Ã¢â‚¬  More recently, in Brunner v. the European Union Treaty (1994) the Court had to consider the constitutional relationship between EC law and German law, on the occasion of the ratification of the TEU. It ruled that ratification was compatible with the Constitution. The judgment shows that the constitutional court asserts and clearly intends to exercise a power of review over the scope of Community competence. Even if the German courts have accepted that Community law should be given precedence over national law, the constitutional court has made clear that it will continue to review the actions of European institutions and agencies to ensure that they remain within the proper limits of their acquired powers. In the United Kingdom, the acceptance of the supremacy of Community law has certainly not been unproblematic. Since the British Constitution is largely unwritten, it is difficult to speak of â€Å"amending† it. The central obstacle to acceptance by the U. K. of supremacy of EC law is the fundamental constitutional principle of the sovereignty of Parliament. According to this principle, Parliament has the power to do anything other than to bind itself for the future. According to Dicey, â€Å"Parliament has, under the English Constitution, the right to make or unmake any law whatever and no person or body†¦. as the right to override or set aside the legislation of Parliament†. Furthermore, the doctrine of implied repeal means that no Parliament can bind its successor, and no Parliament can be bound by its predecessor. Any Act is thus vulnerable to change by a future Parliament. With those problems in mind, it was nevertheless decided to give internal legal effect to Community law by means of an Act of Parliament (dualist state): the European Communities Act, 1972. Section 2 (1) establishes a legal basis within domestic law for directly applicable EC laws as in accordance with the Treaties and without further legal enactment to be given legal effect or use in the U. K†¦ and†¦ shall be recognised and available in law†. The section aims to make the concept of direct effect a part of the U. K. legal system. It states that law which under the EC Treaties is to be given immediate legal effect, is to be directly enforceable in the UK. Section 2(4) accords existing and future priority to EC laws. â€Å"Any enactment passed or to be passed†¦. shall be construed and shall have effect subject to the foregoing provisions of this section†. Furthermore, section 3 states that: â€Å"For the purposes of all legal proceedings any question as to the meaning or effect of any of the Treaties, or as to the validity, meaning or effect any Community instrument, shall be treated as a question of law and, if not referred to the European Court, be for determination as such in accordance with the principles laid down by and any relevant decision of the European Court or any Court attached thereto†. It is therefore apparent that the supremacy of EC law is recognised in the U. K. by virtue of domestic legal processes and legal theory. The principle of supremacy was in theory recognised by English judges. Despite earlier judicial comments to the contrary[23], the English Master of the Rolls, Lord Denning, in the case of Shields v. Coomes (Holdings) Ltd[24](1979) demonstrated a willingness to accept the principle of supremacy of Community law. In Bulmer v. Bollinger (1974)[25] he furthermore held that: â€Å"The Treaty is like an incoming ride. We must no longer speak or think of English law, as something of its own. We must speak and think of Community law, of Community rights and obligations and we must give effect to them†. But again, this did not prevent judicial difficulties from arising over the practical recognition of the supremacy of EC law over national law. In Macarthys v. Smith[26], a genuine conflict appeared to arise between Article 119 of the EC Treaty concerning equal pay and section 1 of the Equal Pay Act 1970 in the U. K. It was held by the Court of Appeal that priority should be given to Community law following section 2(1) and (4) of the European Communities Act, 1972. Here, then, is the judicial reconciliation of Parliamentary Sovereignty with the supremacy of EC law. But the overriding of the Act of Parliament is to be seen as a fulfillment of the Parliamentary intention – the intention to comply with directly effective Community law – and if it is made clear that the legislative contravention of Community law was intentional, then domestic law must prevail. In other words, the supremacy of EC law is assured in the U. K. only in so far as Parliament intends it to be, and the courts have no power to undermine the clear will of Parliament, whether or not it presents a breach of Community law[27]. The Factortame Litigation [28] earlier discussed, shows that, although an equilibrium may now have been reached in the relationships between U. K. courts and the ECJ as to the requirements of supremacy of EC law, the obligations of the U. K. courts stem from the express will of Parliament, and not directly from the Treaties: â€Å"Whatever limitation of its sovereignty Parliament accepted when it enacted the European Communities Act 1972,†¦was entirely voluntary†. Thus, in conclusion we see that the bidimensional picture of the supremacy of Community law exists, even today, for although all Member States by now accept the practical requirement to give priority to EC law, few, if any, would be prepared to abandon their supervision of it, to ensure that the Community does not attempt to extend the powers it has been given. †¢ Individuals The principle of supremacy has implications for individuals. The principle of direct effect gives the right to individuals to plead before the national court the provisions of EC legislation. As a doctrine which principally protects individuals and often gives them rights which they can rely upon as against Member States, it sets up a mechanism for individual or indirect enforcement of EC law making thus Community law a reality for the citizens of Europe. Van Gend en Loos provides a clear example of the approach of the Court. The Court pointed to the fact that individuals were envisaged as being able to plead and rely on points of EC law through the preliminary ruling procedure. The Court set out certain criteria for the direct effect of a Treaty provision. There must be: 1. a clear, negative, unconditional obligation on a Member State, 2. containing no reservation on the part of the MS, 3. and not dependent on any national implementing measure. (MS-no real discretion whether to apply measure). The Court held that Art. 12 of the EC Treaty was directly effective. This process establishes private rights for individuals which are enforceable in municipal courts. The principle applies most frequently in the relationship between private individuals and national authorities. This is called vertical effect. Some provisions, however, because of their nature, have been recognised by the Court as having a wider effect in that they can be invoked against other individuals. This is called horizontal effect i. e. they impose obligations on other individuals. eg. the Treaty provisions regarding the competition rules applicable to undertakings, for example, can clearly be invoked before the national courts by one undertaking against another. Furthermore, a Regulation, as described in Article 189(2) EC Treaty, now 249 – TEU â€Å"shall have general application. It shall be binding in its entirety and directly applicable in all Member States†. A Regulation is defined as a general legislative instrument which is binding in its entirety and which is directly applicable within the legal orders of the Member States without the need of intervention on the part of legislative bodies. Thus it has horizontal and vertical effect. In contrast, a Directive which is defined in Art. 249 TEU too, â€Å"shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods†. Therefore, directives are not automatically applicable within Member States. Since directives are given legal force through national measures, rights and duties are conferred on individuals only after incorporation into national law. The conditions to be satisfied before direct effect can be pleaded are the 3 ones mentioned earlier. However, 2 important limitations are placed on the application of this principle: a) The principle only applies to directives which are unimplemented after the date set for implementation. ) The Court has only been prepared to apply this doctrine to the relationship between individuals and the state (vertical direct effect) as opposed to the relationship amongst individuals themselves (horizontal direct effect). The recent case of Dori (1992) reiterats this refusal. [29] In Marshall (1986)[30] and in Van Duyn[31] (1974) the Court confirmed that while a directive might be upheld against defaulting Member States, it cannot be invoked directly against other individuals. However, the Court has sought to achieve the same result though the process of interpretation. For example, where the Court is interpreting the terms of an unimplemented directive as it applies between private individuals, the Court has observed that: â€Å"In applying national law, whether the provisions in question were adopted before or after the directive, a national court called upon to interpret it is required to do so, as far as possible, in light of the wording and purpose of the directive in order to achieve the result pursued by the latter†[32]: Marleasing SA (1992). Furthermore, the principle of construction requires national courts, in conformity with Art. 10 TEU, to give full effect to EC law, to interpret all national legislation in the light of all relevant EC law, regardless of whether the particular provision is of direct effect: EC law does not have to be directly effective in order for it to benefit from the general doctrine of supremacy – Van Colson (1984)[33]. Furthermore, the ECJ has broadly defined the notion of the state to include anything that provides public service, with sufficient statutory powers beyond those which result from normal rules applicable between individuals†. Foster (1991)[34] Regional policy, health, tax and local authorities may be included. Furthermore, the state may be held to be responsible in respect of breaches of EC law, and liable in damages for the non-implementation of a directive, following the decision in Francovich[35] (1991) which held that: The full effectiveness of Community rules wou ld be impaired and the protection of the rights which they grant would be weakened if individuals were unable to obtain compensation when their rights are infringed by a breach of Community law for which a Member State can be held responsible. †. However, 3 conditions must be satisfied: – Implementation of the directive would confer rights on individuals. – Its terms should be sufficiently precise and unconditional to determine rights. – There should be a causal link between the breach and the loss. The development by the Court of strong legal requirements in the area of national remedies for breach of Community law has generally been welcomed as a significant contribution to the effectiveness of Community law, at least through the medium of judicial intervention by national courts. However, the welcome has not been unconditional, and many commentators have called on the legislative institutions and political players in the Community legal process, to take appropriate action, rather than to leave this area of law for the Court to develop through the haphazard process of litigation. Conclusion It is clear that the ECJ â€Å"the guardian of the Treaty† in formulating the principle of supremacy, reaffirmed the nature and development of EC law. The supremacy of EC law is inherent within the nature and spirit of the TEU. The special and original nature of Community law requires that its supremacy over national law is acknowledged and followed. The ECJ will not entertain the prospect of any provision of national law, even of constitutional validity, prevailing over an inconsistent provision of Community law. The success of this development is well profound, especially when one has in mind that the Court in developing the principle, attributed to it characteristics and force which it considered necessary to carry through a set of profoundly altering and potentially far reaching common goals within a group of politically and geographically distinct nations and historically sovereign states. / ———————– [1] ex art. 5 of the EC Treaty [2] ex Art. 164 of the EC Treaty [3] ex Art. 167 – EC Treaty [4] ex. Art. 166 – EC Treaty 5] Their duties should not be confused with those of a prosecutor or similar official – that is the role of the Commission, as guardian of t he Community? s interests. [6] ex Art. 167 – EC Treaty. [7] ex Art. 165 – EC Treaty. [8] Since it was set up in 1952, more than 8,600 cases have been brought before the Court. [9] Ex Art. 177 EC Treaty [10] See also case 104/79, Pasquale Foglia v. Mariella Novello (1980)1 ECR 745, (1981) CMLR 45 and Case 244/80, Pasquale Foglia v. Mariella Movello (N °2) (1981) ECR 3045, (1982) CMLR 585. [11] Case 26/62 (1963) ECR 1, (1963) CMLR 105. 12] Case 6/64 (1964) ECR 585; (1964) CMLR 425. [13] now Art. 249 TEU. [14] Case 11/70 (1970) ECR 1125; (1970) CMLR 255. [15] Case 106/77 (1978) ECR 629; (1978) 3 CMLR 263 [16] (No 2) Case C213/89 (1990) ECR 2433; (1990)3 CMLR 867 [17] R v. Secretary of State, ex parte Factortame (No 1) (1989)2 WLR 999 [18] Decision of 1 March, 1968 in Syndicat General de Fabricants de Semoules de France (1970) CMLR 395 [19] Decision of 24 March 1975 in Administration des Douanes v. Societe  «Ã‚  Cafes-Jacques Vabre  Ã‚ » et SARL Weigel et Cie (1975) 2 CMLR 336 [20] Decision of 20 Oct. 1989 in Nicolo (1990)I CMLR 173 [21] (1972) CMLR 177, at 184 [22] Re Wunsche Handelsgesellschat, Decision of 22 Oct. 1986 (1987)3 CMRL 225 at 265 [23] Felixstone Dock and Railway Company v. British Transport and Docks Board (1976) 2 CLR 655. [24] (1979)1 All ER 456. [25] (1974) Ch 401 [26] (1979) 3 All ER 325 [27] see T. Allan, â€Å"Parliamentary Sovereignty: Lord Denning? s Dexterous Revolution† (1983)3 6 OLS 22 [28] (1990)2 AC85 and (1991)1 AC 603. [29] Dori C-91/92 Dori v. RecrebSrl (1994) ECR I – 3325 [30] Case 152/84 Marshall v. Southampton and South – West Area Health Authority (1986) ECR 723, (1988)1 CMLR 688 [31] Case 41/74l, Van Duyn v. Home Office (1974) ECR 1337, (1975)1 CMLR 1 [32] Case C-106/89, Marleasing SA v. La Comercial de Alimentacion SA (1990) ECR 1-4135 (1992)1 CMLR 305, at p. 4146 [33] Case 14/83,l Von Colson and Kamann v. Land Nordrhein –Westfalen (1984) ECR 1891, (1986)2 CMLR430 [34] Case C-188/89, A. Foster and others v. British Gas †¦(1990) ECR 1-3313, (1990) 2 CMLR833 [35] Case C-6/90 and C-9/90, Francovich v. Italy (1991) ECR 1 – 5357, (1993)2

Chadwick Inc. Essays

Chadwick Inc. Essays Chadwick Inc. Essay Chadwick Inc. Essay Case Analysis: Chadwick Inc. case analysis Hamzah. Najib, Mustapha, Syed Hasan Background of Case 6: CHADWICK, INC. : THE BALANCED SCORECARD (ABRIDGED) Chadwick. Inc was a diversified producer of personal consumer products and pharmaceuticals. The Norwalk Division of Chadwick developed, manufactured and sold ethical drugs. The company was respected for the high quality of its products. Norwalk sold its products through several key distributors who supplied local markets. Norwalk relied on its excellent relations with the distributors who promote Norwalk’s products to customers and also received their feedbacks about new products desired. Chadwick’s long-term success depended on how much money distributors could make by promoting and selling Norwalk’s products. But, recent inroads by generic manufacturers had been eroding distributors’ sales and profit margins. With regards to its Research and Development, The development of ethical drugs was a lengthy, costly, and unpredictable process. The development and testing processes had many stages, starting with the discovery of compound, extensive and tedious testing, and documentation. Norwalk’s profitability during the 1980s was sustained by one key drug discovered in the late 1960s. However, no smash hit drug had emerged during the 1980s, and the compounds going through development, evaluation and test was not as Norwalk management desired. Scientists in the RD lab are pressured to increase the yield of promising new products, reduce the time and costs of the development cycle. Scientists were currently exploring new bio-engineering techniques to create compounds that had the specific active properties desired rather than depending on an almost random search through thousands of compounds. However, the bio-engineering procedures were costly. A less expensive approach was to identify new applications for existing compounds that had already been approved for use. Suggestions for possible new applications from existing products could be obtained from Norwalk salesmen in the field who were now being trained not only to sell existing products for approved applications, but also to listen to end users feedbacks. Norwalk’s manufacturing processes were considered among the best in the industry as they can quickly and efficiently produce drugs once they had cleared governmental regulatory processes. Challenging financial targets were set for divisions to meet, which were expressed as Return on Capital Employed (ROCE). As a diversified company, Chadwick wanted to be able to deploy the returns from the most profitable divisions to those divisions that held out the highest promise for profitable growth. Bill Baron, Comptroller of Chadwick, had been searching for improved methods for evaluating the performance of the various divisions as division managers complained about the continual pressure to meet short-term financial objectives. He liked the idea of a Balanced Scorecard as it balances short-run financial objectives with the long- term performance of the company. John Greenfield, the Division Manager at Norwalk was sceptical of how much freedom he had to develop and use such a scorecard. Divisional Controller, Wil Wagner, who was involved in the process for creating Balance Scorecards for Norwalk Division lamented that he did not have a clear understanding of the vision and business strategy for Norwalk, which serve as a foundation to build the scorecard. Major Issue: The major issue of the case is with regards to company’s current processes in its RD to develop new products which were lengthy, costly and unpredictable. There is the need to make significant investments in RD to improve the current processes so as to enable the company to sustain and achieve success in the long run. Another major issue is that the company has inadequate or poor performance measurement to ensure managers’ efforts are rewarded for meeting the long term, strategic objectives of the company. Presently, the company only sets Return on Capital Employed (ROCE) as the challenging financial target for the divisions to meet, which places continual pressure on division managers to meet short-term financial objectives at the expense of long-term, strategic objectives in business that requires extensive investments in risky projects to yield long-term returns. Hence, the idea of Balance Scorecard was introduced to the company. SWOT analysis Strength 1)Good reputation: Chadwick Inc. has been established for more than 50 years and it has been known for its high quality products. The quality factor provides the competitive advantage for the company in the pharmaceutical industry. 2)Manufacturing process: The company’s manufacturing process is considered one of the best in the industry. The production process also includes producing separate batches of new products specifically for testing and evaluation purposes. 3)Excellent distributor relationship: This is the main factor that affects the company’s product success. Apart from making the products available in the local markets, the distributors of Chadwick Inc. lso serves the purpose of spokesperson. They will promote the company’s new products and increase the awareness among people about the existence, functions and benefits of the products. They also listen to customer opinions and this enables Chadwick Inc. to receive timely customer feedbacks about their products through their distributers. Weakness 1)Extensive and tedious testing process: In Chadwick Inc. , 30,000 compounds have to be tested before certain products are approves for sale. Although this extensive testing procedures has positive impact towards the product quality and durability, it also causes the production process to be lengthy and costly, resulting in increase of manufacturing and overhead expenses. 2)Challenging financial targets based on ROCE: The top management in Chadwick Inc. has been setting challenging financial targets for the division managers. The financial targets have been set based on Return on Capital Employed (ROCE), which is considered inappropriate for a pharmaceutical company. Due to the desperateness to meet the specified target, there is tendency for the division managers to try to manipulate the actual data to reduce the gap between the budgeted results and the actual results. 3)Pressure to increase yield: The top management has also been pressurizing the scientists of Chadwick Inc. to increase the yield of the products and to reduce the time and cost of production. Generally, if the top management emphasizes on reducing the cost, it may have negative effects on the quality of the products. Therefore, it may result in customer dissatisfaction or loss of customer loyalty. Opportunities 1)Bio-engineering techniques: The bio-engineering mechanism can help the scientists to identify only the active compounds which desired and useful applications, instead of the random search process currently employed by the scientists. Then, they will perform tests on each and every one of them to find useful applications on the compound. This traditional search process results in wastage and very time-consuming since only one or two compounds may have beneficial applications out of ten compounds developed. On the other hand, the bio-engineering mechanism can save time and cost for testing process. Although it requires a huge amount of investment, in the long-run, it will result in reduction on cost of production and more efficient production process as it can eliminate wastage and other irrelevant testing procedures. 2)Changing global environment: Chadwick Inc. ’s products have only been sold in the domestic markets, despite its good reputation and period of existence of more than 50 years. Nowadays, the awareness about healthcare has been increasing all over the world. This indicates the increased global demand for pharmaceutical products. Therefore, it is best for Chadwick inc. to seek opportunity to enter into the global market. Since it has a good reputation as an established pharmaceutical company, it would be rather easier to venture into the global markets and thus, gaining more customers and higher revenue. Threats 1)Recent inroads by generic manufacturers: Generic products are products which are not patented and therefore, it can be produced by many manufacturers. These products usually have higher demand and since there are many manufacturers, it is competitively-priced. The recent inroads by generic manufacturers may affect Chadwick Inc. ’s competitive position in the industry and one of the new entrants may emerge as a bigger player in the industry compared to Chadwick. 2)Too dependent on the distributors: Chadwick Inc. ’s product success mostly depends on the distributors’ effort in promoting them and increasing the awareness among people. They currently do not have an alternative promotional strategy rather than relying on the distributors. In the long run, this may cause the distributors to have higher bargaining power and make expensive demands to Chadwick Inc. in order to promote their products. Critical Success Factors for Chadwick Inc. Customer’s satisfaction-Being in the pharmaceutical industry where the competition is mostly based on differentiation and the customers value the product based on the quality and not its cost, the most important critical success factor for a company is customer satisfaction. This is related to the quality of the product. So, the company should focus on value added processes to ensure high quality of its product that meet customers’ requirement and fulfil their satisfaction Research and Development- To stay competitive in the long run and meet constantly changing expectations from customers, the company should invest significantly in research and development . Proper investment in RD will ensure efficient subsequent business processes and development of high quality products that meet customers’ expectations, and thus fulfil their satisfaction. Products- Being in the pharmaceutical industry, it is very important that every new drug that has been developed and approved to be unique from other competitors’ and patented. Patented drug could generate enormous revenues to a company as it prevents other companies from selling the same drug, thus making the company who produced such drug to be the sole distributor or seller. Internal Business Process- Internal business process is very cr itical to the a company’s success. The processes, especially in manufacturing, should be cost-efficient and speedy enough to reach the customers. Information and communication system- Sound information and communication system is critical to a company’s long-term success since it facilitates exchange of information within the company and between the company and the outside parties. Useful information such as suggestions from employees or feedbacks of customers that are communicated in a timely manner will enable the company to make decision more effectively. Problem Identification From the case, Chadwick Inc. faces several problems within the company which can potentially harm its long-term sustainability and profitability unless the top management do something to address these problems swiftly. Among the problems are: 1) Vision and Mission: As complained by the Divisional Controller of Chadwick, the company currently does not have clearly defined business vision and strategy. Without clear understanding and communication of business vision and strategy across all levels and members of the company, the employees or managers, especially, may commit and direct their efforts or the company’s resources in a way that may be deviated from the vision and strategic objectives of the company. By having clear business vision and mission, it will provide goal congruency, which align manager’s fforts with the company’s strategic objectives 2) Research and Development: With regards to its RD, the problem is that the development of ethical drugs was a lengthy, costly and unpredictable process that involves extensive and tedious testing and documentation. This problem may explain why the company has not been able to produce any blockbuster drug in 1980s since the discovery of one key drug in late 1960s. Besides, scientists are pressured by management to develop promising drug and to reduce cycle time and cost. As a result, the new drug quality may no t meet the criteria and approved by government. The current process in development cycle is considered obsolete and needs to be replaced by new systematic technique such as bio-engineering technique that can significantly reduce time and costs, and enhance the potential of developing new promising product. 3) Performance Measurement: Currently, Chadwick only has one financial measure to evaluate the performance of its various divisions, which are Return on Capital Employed (ROCE). The challenging financial targets set for the various divisions to meet may lead to unnecessary cost cutting measures which can undermine the quality of products. Besides ROCE, does not address long term objective of the company, in which divisions’ managers may disregard critical long-term investments such as buying new equipment or replacing the old obsolete assets if their minimum rate of return is less than the divisions’ current ROCE. This is because, making such investment will reduce their ROCE, which can give negative impression in the performance evaluation Recommendations: The main problems faced by the Chadwick as discussed earlier are particularly in the aspect of goal congruency and the performance measurement. To solve such problems, the company is recommended to adopt a strategic performance measurement system that takes into account â€Å"What gets rewarded, really counts; what counts, get measured; what gets measured get done; what gets done, get rewarded† Therefore, we recommend the company to use Balance Scorecard which provides comprehensive measure of performance for each division and to ensure each business activities of the company are directed towards achieving the strategic objectives of the company . But firstly, the company should establish clear and proper business vision and mission for the Balance Scorecard to work effectively. By having clear business vision and strategy, efforts and resources will be committed towards achieving such vision. For example, the company’s vision could be â€Å"We strive to be the most valued company to customers, employees, investors and business partners†. The company’s vision will provide broad guidelines on how Balance Scorecard is to be designed and is communicated in terms of goals which will be identified in the Balance Scorecard. Balance Scorecard basically provides a four perspectives framework to translate strategy into operational terms. The four aspects of Balance Scorecard are financial, customer, internal business process and learning and growth. These aspects are critical success factors, on which the performance of organizational units can be assessed, which also function to achieve the company’s vision and mission. Balance Scorecard links strategy to operations, serves as a record of results achieved, indicates expected results and focuses on drivers of future performance In each of the perspectives, the main objective will be defined, along with measures to be taken, specific targets and initiatives to be carried out to achieve this objective. Performance will be measured based on how effective the division’s or manager’s efforts and activities in achieving the objectives in each of the four perspectives. Financial perspective of Balance Scorecard how the company’s financial position or performance will be looked by the shareholders. In this aspect, the main indicators of performance is the company’s profitability, cost reduction, and the shareholder value. For example, the company, instead of just using ROCE, can also use Residual Income(RI) and Economic Value Added (EVA) as a basis of performance evaluation for financial perspective. Since RI and EVA are based on monetary value, not in term of percentage as in ROCE, the managers may be motivated to accept investments (which may be critical to the company’s success) as long as they provide positive net income, although the minimum rate of returns of such investments are lower than the current ROCE. Customer Perspective relates to how a company serves the needs of customers and fulfil their satisfaction to be successful. The issues to be addressed are to identify market, how to attract new customers and retain existing customers. Among the important criteria to in relation to this perspective are price and quality of products, service, customer relationship, and reputation. For example, one specific measure to evaluate the performance could be the response time to customer’s inquiry Internal Business Process basically addresses how a company can improve its internal business processes that will satisfy and add value to customers or shareholders. Among the key performance indicators are reduced cycle time, cost per unit, and increase in productivity. For example, the objective could be to improve the quality of work place and the specific measure could be the percentage of employee who report that they are satisfied, while the target set is 80% of employee report that they are satisfied, and the initiative to be taken to achieve this objective is to establish comprehensive HR plan. As internal business process is important aspect of company’s long term success and included in the performance measurement, manager may be motivated to improve the current business processes by making new investments. For Chadwick case, for example, manager may switch to bio-engineering technique to replace the current process in RD as this initiative will ensure the company’s sustainability and profitability in the long run, which are in line with the long term strategy or vision of the company. Learning and growth perspective commits a firm to continually learn to excel and be flexible in their process to adapt to changing economic environment, and to meet changing customer demands and shareholder expectations. Among important aspects of this perspective are new skills acquired by employees and intellectual assets. In this aspect, a firm identifies the infrastructure that an organization must build to create long-term growth and improvement. For example, Chadwick may invest in information technology and systems such as Enterprise Resource Planning (ERP) to facilitate exchange of critical internal and external information such as distributors’ feedback about the customers or suggestion from employees that will improve the overall process and satisfy customers.