Thursday, October 31, 2019

Land law Essay Example | Topics and Well Written Essays - 1000 words

Land law - Essay Example To start with, the Limitation Act 1980 makes provision for a claim for recovery of land only in circumstances where a squatter is in adverse possession, and the action will be statute-barred if it is not commenced within 12 years from the date of the dispossession.2 Schedule 1, Paragraph 8(1) provides as follows:- ‘No right of action to recover land shall be treated as accruing unless the land is in the possession of some person in whose favour the period of limitation can run (referred to below in this paragraph as adverse possession); and where under the preceding provisions of this Schedule any such right of action is treated as accruing on a certain date and no person is in adverse possession on that date, the right of action shall not be treated as accruing unless and until adverse possession is taken of the land.’3 Whether or not Mia has been in actual possession of the property for the requisite statutory term of 12 years can only be determined by reference to the relevant case law. Possession for the purposes of the Section 15 of the Limitation Act 1980 has been restated by the House of Lords in J.A. Pye (Oxford) Ltd. and Others v Graham and Another [2002]. In this case Lord Browne-Wilkinson remarked that the ‘only question was whether the squatter had been in possession in the ordinary sense of the word†¦ The question is simply whether the defendant squatter has dispossessed the paper owner by going into ordinary possession of the land for the requisite period without the consent of the owner’.4 In the ordinary sense of the word, possession must contain two essential elements, factual possession as well as an intention to possess. Factual possession was defined by Slade J in Powell v McFarlane (1977) as an exclusive occupation of the land to the extent that a true owner is otherwise entitled to occupy it. ‘The question what acts constitute a sufficient degree of exclusive physical control must

Tuesday, October 29, 2019

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

Gay Marriage Journal - Essay Example ce same sex couples can prove to be better parents than opposite sex couples, as is suggested by Judith Stacey and Timothy Biblarz (as cited in Cooke, 2012, par.2). Family instability may take its toll on normal psychological development of children of both straight and same-sex couples, and so, it is not true that only gay parents prove to be bad parents by any means. They may prove to be better parents. Stacey and Biblarz argue that two men or women can raise kids better in terms of sexual growth, than a man or a woman in a traditional home setting. Kids of gay couples do not have to see one of their parents involved in extra-marital affairs. They do not have to see their moms and dads fighting with each other every day. Kids pay little attention to what the relationship between their parents is, or whether or not their relationship relates to societal norms or not. All they want is love, of parents towards them and also towards each other. So, the relationship between parents has nothing to do with children becoming homo- or hetero-sexual. Thus, gay marriages should be legalized without getting concerned about the parenting capabilities of the couples involved. Normandin (2011) argues that gay marriages should be banned because there is no interest or benefit attached to it that should be sufficient for its justification. He argues, with the support of scientific research, that the absence of one of the two sexes as parents is very detrimental for healthy mental and physical growth of children. In case of lesbian marriage, the absence of a biological father results in early sexual activity and adolescent misbehavior in children, since the role of father in children’s activities and mental and social health cannot be denied. In the same way, in case of gay marriages, the absence of a mother takes its toll on the development of young children, as fathers cannot respond to the needs of infants as mothers can. Hence, the absence of either a mother or father is

Sunday, October 27, 2019

Improving Pay for Performance with SOP

Improving Pay for Performance with SOP INTRODUCTION: Executive pay has been a big controversial issue over the past twenty years due to various governance failures which have generated a forceful policy debate on the appropriate role of shareholder voice in corporate governance (e.g., Bebchuk 2007; Bainbridge 2006). Some say the pay is too high and is set by captured boards while some say it reflects the marketplace in action. Therefore, some companies are either willing to or mandated to give shareholders an advisory vote on the prior years compensation of top executives-a say on pay (SOP). SOP is a term used for a rule in corporate governance whereby stakeholders are given the opportunity to vote on the enumeration of executives. SOP potentially not only gives shareholders an advisory vote on pay practices, but also increases scrutiny from shareholders over top managements compensation at most companies. Therefore, this study illustrates how SOP improves pay for performance. Under certain circumstances, this study will show that pay for performance has been increasing significantly after the adoption of SOP. When further decomposing executive pay into its cash-based and equity-based components, this study finds evidence of an increase at most companies in the relationship between performance and these compensation components, and the potential to enhance transparency, governance, and accountability, which, in turn, should lead to greater efficiency and social responsiveness (Bebchuk, Friedman, and Friedman, 2007). MAIN: This study is going to discuss further about the principal of SOP and its effect on pay for performance in firms and the related principal-agency problems in corporate governance. SOP might have not been a new concept in corporate governance in the UK, but some firms in developed and developing countries have been implementing this concept over these years around the world. SOP is known as one of the recent phenomenon of shareholder activism, a voice mechanism for shareholders (Hirschman, 1970). It is the effectuation of providing shareholders the right to vote on executive compensation program at the annual meeting. The regulation changes a variety of attitudes toward corporate governance and disclosure habitudes of all public companies. This concept allows shareholders to either raise their voices or express their opinions against executive compensation programs. In other words, instead of letting top executives to decide the level of compensation plans, shareholders can use their voting rights to either approve or give advice on executive compensation plans that link to top executives performance. To clearly justify, SOP is seen as a friendly tool to express, improve the dissent, giving advice on remuneration, but not an aggressive governance rule to destroy firm value or dissociate the relationship between principal and agent. While companies are not bound by SOP advisory votes, the act not only requires firms to disclose the vote results after the shareholders meeting, but also report whether and how the board considers the voting results in the following year. Consistent with this argument, De Franco, Hope and Larocque (2013) find that additional disclosures improves board effectiveness at monitoring executive c ompensation and in strengthening the link between pay and performance. SOP was used formally in UK in 2003, but in fact it was unofficially started and practiced in July 1999 as non-binding vote on executive compensation or remuneration. In the early of 2001, there are various companies beginning to propose the remuneration committee report, and there is an evidence that the number of firms submitting the proposal grew rapidly in 2002. After the UK, several EU countries consequently adopted this principle such as Netherlands, Norway, Sweden, then it spreaded to Australia and USA. It has been lasting for nearly 15 years in the UK while in the USA, this concept started in 2010 and became compulsory in the same year, which is relatively brief and the current knowledge of SOPs results and effects are still limited along with many academic discussion and practices. Basically, the objectives and models of SOP vary considerably across the world. Under Dodd-Frank, SOP in the USA requires companies to hold a non-binding vote on compensation at least once every three years. Afterwards, firms are also required to request shareholders to regulate the frequency of future say on pay votes at least once every six years but no less than that, also the shareholders are given the option of doing annually or every two or three years. However, in the UK, the government presented the Directors Remuneration report to record for a shareholders vote on current level of compensation at every annual general meeting. Pay for performance is currently a big issue in corporate governance due to several executive compensation scandals. Additionally, House Report 110088 noted that the average of a CEO in a top company earned approximately 140 times higher than the pay of a regular employee in 1991; nonetheless, this ratio increased exponentially to about 500 to 1 in 2003. The compensation for CEOs is divided into 2 parts which are fixed compensation such as cash and bonuses, and variable compensation ,also called performance-based compensation. The variable compensation which strongly relates to CEOs performance, including option grants, stocks option,.etc will be determined comprehensively in this study so as to favour the practical impact of SOP. Refer to Jensen and Meckling (1976), the traditional principal-agent theories stated that the owner of the firm constructed the compensation contracts to the agent in terms of maximizing the value of the firm. Muller-Kahle (2013) finds some evidence that, w hen CEOs have a dominant ownership stake, firm monitoring is diminished and firm performance suffers. However, most of public companies generates it infeasible for shareholders to debate the managerial compensation. In the phenomenon, the executive compensation scandals occurred frequently and severally than we could imagine. For examples, Tyco International was reported a CEOs scandal in 2005, its CEO Dennis Kozlowski and CFO Mark H. Swartz were convicted of stealing $600 million, these money was symbolized as the excess of executive remuneration, i.e. Kozlowski gave his wife $2 million birthday gift on Islands Mediterranean at companys expense. From our point of view, if Say on Pay was introduced and implemented earlier, those compensation scandals would had possibly not happened and also its reasonable to achieve and practice the SOP policy at the moment. According to Vicente Cuà ±at, Mireia Gine, and Maria Guadalupe (2013), the main purposes of Say on Pay is to raising shareholders voices, concentrating on the shareholders interests but also focusing on values that CEOs added to the firm and the transparency of CEOs interests. It leads to the improvement of the agency problem. Although a variety of evidence are against the benefits of Say on Pay, Bebchuk (2007) contended that a formalized say on pay vote is able to overcome the psychological barriers and support the negotiation of better compensation contracts. Indeed, many articles suggest that the approach of SOP does have a positive correlation between both firms value and the issue of pay for performance. We believe that there is nothing 100% right or wrong in all circumstances and its inherently difficult to determine precisely influences of any corporate governance regulation. Hence, the objective of this paper is to approve the improvements of Say on Pay on pay for performance in corporations in terms of increasing firms values, shareholders values, reducing agency problems and enhancing the transparency of executive compensation under certain conditions. First condition is firms with excessive or ineffectiveness CEO remuneration, as stated by Core at el. (1999), less effective boards are regularly related to high abnormal CEO compensation and low sensitivity pay for performance, which means that SOP is likely to benefit to the firm with weaker corporate governance and incompetent remuneration design. Secondly, firms with independent-minded shareholders willing to vote against management are likely to face more pressure if the say on pay is achieved; thirdly, firms are willing to b oost performance, enhance compensation and reform as a consequence of shareholder pressure. Due to Baird and Stowasser (2002), the first benefit of implementing SOP is certainly promoting accountability and transparency in the compensation report. To earn stakeholders support or prevent litigation, boards not only have sought to enhance disclosures concerning executive compensation plans but also publish an annual directors remuneration report over the past year, which causes directors more carefully to consider shareholder interests when designing executive pay plans. The recent trend confirmed the increased directors accountability after the introduction of say on pay (Cai et al. 2007, 2009; Del Guercio et al. 2008). As found in the previous articles, Davis (2007) stated that the Say on Pay proposal did associate smoothly with the communication and relationship between shareholders and board of directors. Refer to the UK evidences, after annual general meeting and the accurately analysis of remuneration report, there is a substantially development in the connection and tr ansmission between compensation committees and shareholders. Firms are more opened to a dialogue with shareholders to justify a broader compensation decisions and practices. Companies will not only have the opportunity to include additional resolutions on specific compensation decisions, but also have the opportunity to ask shareholders views on specific compensation decisions, including decisions related to various aspects or categories of pay. Each company, however, will be required to permit shareholders to vote on a resolution addressing all of the compensation disclosed in the annual proxy. This finding may advance scrutiny and also lead to more informed voting decision and the acceptance of a remarkable premium. Also, Deane (2007) and Davis (2007) suggested that SOP probably superior adjusts for principal-agent interests and enhance corporate governance and performance. The SOP allows shareholder to raise their voices in executive which definitely better align with CEO and shareholders interests, consequently, it comes up with the reduction of agency cost and a more adequately compensation contracts. Due to Peter Iliev and Svetla Vitanova (2015), the market reacted positively to the practices of Say on pay votes and the general supports of directors from shareholders are spotted to be increased. In practices in the UK, the impact of SOP was found to be positive as well, Fabrizio and David A. Maber (2013) analysed that the adoption and implementation of say on pay to the UK regulation was escorted with positive stock price reactions at firms with high dissent compensation conflicts and particularly practices diluting punishment for poor performance. By the same token, enforcing SOP may potentially increase Earnings per shares (EPSs), Return on assets (ROA) and Return on equity (ROE), the appliance also gains profitability and efficiency, higher growth in labour yield and constructive effect on accounting statement in the following years after the binding vote. As a result of Vicente Cuà ±at, Mireia Gine, and Maria Guadalupe (2013), the shareholder value increased by 5.4 percent after Say on Pay implementation, this such high market gains were explained by the improvement of CEOs performance under shareholder pressure and the effect of better alignment of pay for performance and also the reduction of pay for failure. Those evidences are consistent with the aims of this study that say on pay is used as a value-creating governance mechanism to contribute value to firm and shareholders. According to Stephen Davis Millstein Center Fellow (2007), advisory Say on Pay votes are extensively seen as having been an influential committing factor in taming the rate of increase, reduce controversial compensation of CEO, pressure firm to increase sensitivity between compensation and performance curbing opportunities for reward for failure and tying compensation dramatically closer to performance. As we mentioned above, not every firms reported the same results on the impact of SOP. However, we do find the strong positive influence in the firm with high dissent between shareholders and directors and the firm with excessive CEOs compensation based on the managerial power viewpoint (Bertrand (2009), Frydman and Jenter (2010), Murphy (2013). As documented by Fabrizio and David A. Maber (2013), their tests were coherent with Core et al(1999) s research that the introduction of SOP was followed by positive stock price reaction, especially in the firms with controversial compensation report and those which abate penalties for poor performance. Correa and Lel (2013) also recorded a numerical decrease in CEO pay of 6.1% after implementation of Say-on-Pay regulation in a sample of countries. Moreover, by using regression analysis on large sample of UK firms, Fabrizio and David (2013) tested on some vital elements in CEO pays including bonuses, equity awards to evaluate whether the sensitivity of CEO compensation is highly adequated to performance along with economics factors before and after the regulation. In general, they concluded that even though others economic elements persist unchanged, there is still a significant rise in the sensitivity of CEO pay to poor performance in less observable elements of pay. Moreover, this finding is consistent with the result of Ertimur, Muslu, and Ferri (2011) which is the most pronounced in high dissent firms and firms maintaining excessive executive compensation before SOP, means that SOP policy does reduce the excessive performanced-base salary to create value and link the remuneration more dramatically to the performance. Various companies either removed or altered provisions that investors considered as rewards for failure such as generous severance contracts and low performance hurdles, often in response to institutional investors explicit requests. Fabrizio and David A. Maber (2013) examined this issue on high dissent(HD) firm (with 20% dissent vote) and low dissent(LD) firm (with less than 5% dissent vote) before and after the vote , the result showed that the high dissent firms reducing the notice periods of severance contracts after the first vote (80%) are likely to be higher than before the vote (20%) and also substantially higher than the low dissent firms (33.3%). Therefore, this figures suggested that say on pay is the reason of reduction of controversial compensation, besides, 70% of low dissent firms scaling down the notice period before the vote which is the evidence of elimination of dissension between shareholders and executives. Moreover, a variety of firms established a formal proces s for proactive consultation with their major shareholders going forward (Ferri and Maber, 2011). As a result, the threat of a vote was effective in inducing firms to revise CEO pay practices ahead of the annual meeting and decreasing the situation of pay for failures and the growth rate of pay. Meanwhile, they also analysed the second most influenced remuneration item which is performance-based vesting conditions in equity grants. During the following years that performance targets are not accomplished, this retesting provision is seemed to contribute for reexamining and subsequently assists for the potential pay for failure. After the research, they concluded that before the first vote, HD firms and LD firms achieved 5% and 25% respectively to reduce or remove this issue. Nonetheless, the result changed significantly after the SOP vote, HD firms agreed to shorten or abolish retesting provision with statistically 76.3%, while the LD gained 28%. Generally, several evidences support that these contractual modification are the direct repercussion of SOP regulation. Base on the top 100 companies 2016 surveys in the US, SOP is raising shareholders voices and putting more pressure on CEO in order to perform better, however, we found that shareholder doesnt empower themselves to manipulate the CEOs compensation. In fact, the number of companies adopting this policy is increasing, in 2016 there are 95 over top 100 US companies holding say on pay vote in 2016, 94 out of 95 firms held approval say-on-pay votes which is higher than 2015 and only 1 firm didnt approve which also failed in both 2014 and 2015. As being reported, 41 corporations reviewed and elected not to significantly change the compensation report, while 20 noted modification into the remuneration in response to the vote. In table 4, the Say on Pay approval rate in 2016 is relatively high with 78% receiving approval rates in excess of 90% and only 6% for-voting below 70%. This figures coordinate with data in the last 2 years 2014 and 2015, which the approval rates are comparably high. Th is finding suggests that the even shareholders have more control power in the firm, they are not likely to destroy the value or raise the unfairness and dissension through the firm. In contrast, they seem to use this policy as a friendly tool, not an aggressive regulation, to raise their voice and cut down excessive expense in compensation. Furthermore, this regulation is contributing to the competitiveness of the British economy and the attraction of London as an international capital market (Stephen Davis Millstein Center Fellow,2007). The UK Department of Trade and Industry confirmed that the votes lead to a better planning by corporations, fewer surprises, better dialogue with shareholders, and apparently, it can reduce downside risks and big scandals among quoted companies in recent years. Due to London Stock Exchange, by involving Say on Pay voting rights, London will possibly be equipped with a more competitive border in order to attract capital, comparing to New York. Last but not least, while companies are not bound by SOP advisory votes, it requires companies to disclose the vote results after the shareholders meeting. In addition, firms must report whether and how the board considers the voting results in the following year. Ferri and Maber (2013) study the market reaction in 2002 to SOP that mandates non-binding but advisory vote on the compensation report and find that firms with high dissent alter the compensation composition, thereby improving pay for performance. Moreover, in a sample of the largest UK companies from 2002 to 2006, boards reduced excess salary as well as the dilutive effect of stock option grants in response to past negative non-binding votes (Carter and Zamora,2009). Consequently, shareholders right of non-binding votes could provide a useful mechanism that addresses the potential problem of incomplete firms management, suggesting that monitoring and reward mechanism dynamics can effectively coexist between owners and firm managers, thereby improving corporate governance (Kimbro and Xu, 2016). Conclusion To conclude, we investigate the impact of the right of shareholders non-binding but advisory votes on say-on-pay. We find evidence that firms either modified or altered their compensation structures in order to win shareholders positive votes. CEOs compensation decreases in most firms while larger decreases are found in firms that overpaid their CEOs in the previous year. Similarly, affected firms linked their pay mix to more close for performance. In terms of voting itself, shareholders are not more likely to vote for executive compensation when the firm pays excessive pay for top management, or has a large increase in CEO compensation compared to previous years. Moreover, among the components of the compensation plan, shareholders are more likely to vote against the plan when they contain other compensation, such as private bonuses unrelated to performance, which have been opposed by critics of executive pay. Most importantly, SOP does not limit the level of compensation or empower shareholders to control the interests of top management. It can be seen as a friendly corporate governance tool to prevent conflicts of the issues between top management and shareholders regarding pay for performance. Additionally, this study finds that the increase in pay for performance after the implementation of SOP is larger in firms with excessive pay for CEO relative to firms with average level of pay for CEO. The evidence suggests that SOP do increase the executive compensation monitoring ability for investors who care about the long-term value of a firm but who are lack of the ability to influence executive compensation structure before SOP. By contrast to most prior studies on the impact of SOP on executive incentives and compensation, the evidence shown in this study is consistent with SOP improves rather than weakens the alignment of managerial wealth and shareholder interests in certain circumstances. References: Bainbridge S. 2006. The Case for Limited Shareholder Voting Rights. UCLA Law Review, 53: 601-636. Bainbridge, Stephen M. The Corporate Governance Provisions of Dodd-Frank. (2010). Bainbridge, Stephen M. Is Say on PayJustified?. (2009). Baird, J. and Stowasser, P. (2002) Executive compensation disclosure requirements: The German, UK, and US approaches, PracticalLaw.com, PLC Document 4-101-7960, September 23. BBC News. 2003. Glaxo defeated by shareholders. May 19. http://news.bbc.co.uk/1/hi/business/3038381.stm Bebchuk, L. (2007) Written testimony submitted before the Committee on Financial Services, United States House of Representatives, Hearing on Empowering Shareholders on Executive Compensation, March 8. Bebchuk, L., Friedman, A. T., Friedman, W. J. 2007. Empowering shareholders on executive compensation: hearing on H.R. 1257 before the H. Comm. on Fin. Ser., 110th Cong. 68: Cai J. and R. Walkling. 2007. Shareholders Say on Pay: Does It Create Value?. Working Paper, Drexel University, Philadelphia, PA. Cai J., J. Garner and R. Walkling. 2009. Electing Directors. Journal of Finance   forthcoming. Carter, M. E., Zamora, V. 2009. Shareholder remuneration votes and CEO compensation design, Work. Pap. Boston College. Cheffins B. and R. Thomas. 2001. Should shareholders have a greater say over executive pay? Learning from the US experience. Working Paper, Vanderbilt University Law School, Nashville, TN. Choi, S., J. Fisch and M. Kahan, 2009. Director Elections and the Role of Proxy Advisors. Southern California Law Review 82, 649-702. Core, J.; R. Holthausen; and D. Larcker. Corporate Governance, Chief Executive Officer Compensation,and Firm Performance. Journal of Financial Economics, 51 (1999), 371-406. Core, J., and W. Guay. The Use of Equity Grants to Manage Optimal Equity Incentive Levels. Journal of Accounting and Economics, 28 (1999), 151-184. Cuà ±at, V., Ginà ©, M. and Guadalupe, M. (2013). Say Pays! Shareholder Voice and Firm Performance. Review of Finance, 20(5), pp.1799-1834. Davis, Stephen. Does say on paywork? Lessons on making CEO compensation accountable. Policy Briefing 1 (2007). Deane, S. Say on Pay: Results from Overseas. The Corporate Board (July/August 2007), 11- 18. De Franco, G. Hope, O.K., Larocque, S. 2013. The effect of disclosure on the pay-performance relation. J. Account. Public Policy 32(5), 319-341. Del Guercio, D., L. Wallis, and T. Woidtke. 2008. Do Boards Pay Attention When Institutional Investor Activists Just Vote No? Journal of Financial Economics 90: 84-103. Deloitte, Executive Directors Remuneration (London: September 2006) Digital.shearman.com. (2017). Corp Gov Survey 2016 Corporate Governance Survey. [online] Available at: http://digital.shearman.com/i/739764-2016-corporate-governance-survey/59? [Accessed 22 Mar. 2017]. Ertimur, Yonca, Fabrizio Ferri, and David Oesch. Shareholder votes and proxy advisors: Evidence from say on pay. Journal of Accounting Research 51.5 (2013): 951-996. Ertimur, Y., F. Ferri, and V. Muslu. 2011. Shareholder Activism and CEO Pay. Review of Financial Studies 24(2): 535-592. Ferri, F., and D. Maber. Solving the Executive Compensation Problem Through Shareholder Votes? Evidence from the U.K. Working paper, Columbia University and Harvard Business School (2007). Ferri, F., Maber, M. 2013. Say on pay votes and CEO compensation: Evidence from the UK. Rev. Financ. (17), 527-563. Financial Times (1998) The fat cats keep getting fatter, August 1. Fortune.com. (2017). Surprise surprise: Say on Pay appears to be working. [online] Available at: http://fortune.com/2015/07/08/say-on-pay-ceos/ [Accessed 22 Mar. 2017]. Gordon, J., 2009. Say on Pay: Cautionary Notes on the U.K. Experience and the Case for Shareholders Opt-in. Harvard Journal on Legislation 46:323-64. Hodgson, Paul. A brief history of say on pay. Ivey Business Journal 73 (2009): 1. Kimbro, Marinilka B., and Danielle Xu. Shareholders have a say in executive compensation: Evidence from say-on-pay in the United States. Journal of Accounting and Public Policy 35.1 (2016): 19-42. Jensen, M. C., and W. H. Meckling. Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure. Journal of Financial Economics, 4 (1976), 305-360. Jeffrey N. Gordon, Say on Pay: Cautionary Notes on the U.K. Experience and the Case for Shareholder Opt-in, 46 Harv. J. Legis. 323, 325 (2009) Larcker, David F., et al. Ten Myths ofSay on Pay. (2012). List25.com. (2017). Cite a Website Cite This For Me. [online] Available at: http://list25.com/25-biggest-corporate-scandals-ever/ [Accessed 22 Mar. 2017]. Magnan, Michel, and FCA Claudine Mangen. Is say on pay an effective governance tool? Analysis and recommendations. (2011). Manifest and MMK, The Executive Director Total Remuneration Survey (London: May 2007); RREV, Trends in Executive Remuneration 2006 (London: April 2007); New Bridge Street Consultants, The 2006 FTSE 100 Executive Directors Remuneration Survey (London: 2006); PIRC Corporate Governance Annual Review 2006 (London: 2006). Muller-Kahle, M. I. 2013. The impact of dominant ownership: The case of Anglo-American firms . J. Manage. Gov. 19(1), 71-89. . SEC, Securities and Exchange Commission, 2010. Concept Release No. 34-62495, available at:http://www.sec.gov/rules/concept/2010/34-62495.pdf

Friday, October 25, 2019

Personal Narrative: Teaching Others How I Write Essay -- Narrative Ess

For as long as I can remember, I have always enjoyed writing. Writing is an opportunity for me to express my thoughts and feelings while helping me grow to understand who I am as an individual, a student and furthermore, a future teacher. Yet, if someone were to ask me how I do it, I am afraid I could not give him or her a clear and precise answer. Trying to find that answer almost seems harder for me than the actual writing process itself. However, after having done my student teaching last semester, I have learned that modeling my own writing for the students not only helps them to see more clearly how I write, but helps me understand how I write as well. My first student teaching experience took place in a seventh-grade English classroom during the second half of the school year. The first couple of weeks gave me an opportunity to observe both the teacher and the students participating in various writing activities. One assignment in particular asked the students to choose a topic of interest and write down on paper all the information that they already knew about this subject. A simple assignment, right? Sitting off to one side of the classroom, I decided to attempt the assignment. On the top of my paper I wrote the word "athletics". Under it, I wrote about why I chose the topic, what it meant to me and how it has played a crucial role in my life. Before I knew it, I had covered one and a half pages with information. When the time was up to stop writing, I looked around the classroom and noticed some of the students appeared a bit confused. The assignment was not a difficult one, not for me anyway. When the teacher began asking students to share what they had written with the class, it was interesting to find that only a... ...n my life. On that day, I learned that the aspects of knowing how to do something and knowing how to teach it are different indeed, but when they are intertwined, good things can happen. As a teacher of writing, I realize from my experience already that I need to take a step back and allow my students some room to breathe, some room to think, possibly a model writing and an opportunity to pick up their pencils without any fears or confusion and simply write. They need to believe in their own feelings, their experiences and their own knowledge of the world around them and learn to tap into them. Without this exploration, students will remain stuck sitting with that same blank piece of paper in front of them. As a future teacher of writing, I will explore my writing by working alongside my students. I am simply amazed by what I have learned from this process already.

Thursday, October 24, 2019

Labor Relations in International Business Essay

Our company has stood steadfast in all aspects of achieving success in our global operations. Our presence in the international markets considered in details each and every intricacies and relevant features of each of those market places. Topmost however to all of these detailed considerations is the working relationship we establish with the national workforce in each and every country. International labor relations focus on the human resources available and contributory to every foreign office we operate. As new, embarking sales professionals delving into the exciting and challenging global market – you must have the foresight and sensitivity in relating to different kinds of culture; of habits; or laws; of working styles; professional methods – apart from a dash of individual idiosyncrasies. Your ability to work through those factors and variances will go a long way in sustaining our success in the international business arena. Multinational companies such as ours move on a fast paced and challenging global environment due to the rapid advancement in technology and transportation mode. The swift interconnectivity of human beings in this 21st century invigorates constant change in product qualities and standards; incites innovates customer relationship techniques; and most of all enhances speedy delivery of services. Competition is therefore constant and very much alive and challenging as new market segments arise; new methods of packaging, advertising and marketing strategy come to fore; and aggressive servicing strategies arise. This wide arena of competition makes multinational companies look for operating in foreign markets within the lowest cost possible at a faster pace; sustained quality of product and customer service and innovative marketing techniques. Our sales operations overseas are overseen by designated Country Managers who is overall responsible for every aspect of running the business. We opted to appoint a national citizen of every sales branch. This is more effective as he creates the teamwork and networking within the country of operation. The Country Manager is supervised by the Regional Manager. There are company policies we hand over to the Country Managers specifically with regards to product image handling and pricing. However, the rest of the operational requirements are inherently conceptualized and designed by the Country Manager, together with his team with regards to growing the business and developing the market and relating to customers. The focal aspect with regards to labor and human relations policies are likewise pretty much within the guidelines and jurisdiction of the labor laws of each country. The pertinent recognition and respect is given to compensation guidelines; minimum wage parameters; overtime rewards; bonus; work perks like healthy insurance coverage; work safety standards and laws on working hours. The Country Manager is likewise given leverage in making decisions about observance of holidays and national and religious festivities inherent in the country of operation. As we operate as trader and sellers and each country, the issue of labor union and collective bargaining has not arisen yet. Each of our overseas operations is staffed approximately between 100 to 150 personnel and this does not call for such aspect of labor relations. The company therefore looks forward to your success and enjoyable learning experience in our spearheading global business. Please feel free to talk to your management team for any inquiries or clarification you seek.

Wednesday, October 23, 2019

The Nature of International Politics

The Nature of International Politics The first principle that Thucydides addresses regarding the nature of international politics calls into question the conclusive goals that each individual entity in the world of international relations deems most important. Thucydides states that a country or state’s ultimate goal is to gain power and ruling over other nations. He illustrates this best in The Melian Dialogue through the actions of the war-loving Athenians.In their effort to maintain their stance of power against their rival Spartans, they travel to the island of Melos with the goal of conquering the Melians; either through force or through the Melian surrender. The people of Melos wish to remain neutral friends of both Sparta and Athens, but the Athenians will not hear of it. In their eyes, staying on friendly terms with a neutral country would be construed as a sign of weakness and fear. The Melians refuse to surrender, resulting in the ultimate destruction of their societ y while the Athenians gain further rule and power for their empire.However, I believe that this principle need not to always hold true, especially in the terms of war through diplomatic countries such as the United States of America. The United States has always held its principles in the effort to spread democracy and morality in the international realm. In The Fog of War, John F. Kennedy disproves Thucydides first principle. In the midst of the Cuban Missile Crisis, the last thing Kennedy and his Secretary of Defense, Robert McNamara, wanted to do was to attack Cuba or go to war with the Soviet Union to gain power or ruling in any sense.They wanted to deal with the frightening presence of the Soviet Union’s extensive nuclear warheads on Cuban soil in the most diplomatic way possible in order to avoid nuclear war. While this was best for the self-interest of the American people, it was also for the benefit for the citizens of Cuba and the USSR, as nuclear war destroys nation s. Thankfully JFK had the help of a man named Tommy Thompson on his team who personally knew the Soviet Premier Nikita Khrushchev. Thompson urged Kennedy to go forward with negotiations with Khrushchev in order to end the Cuban Missile Crisis peacefully.Luckily, it worked. Kennedy and Khrushchev reached an agreement that the Soviet Union would dismantle the weapons as long as the United States would not invade Cuba. Through the peaceful, yet stressful, negotiations, both JFK and Khrushchev went against the international principle that countries only aim to rule and conquer, and instead in the arms of a rational governing body most often the countries own self-interest for safety overrules the desire to prove their power over other countries.Thucydides’ second principle of international politics relates to the idea that between a world of expansive cultures and beliefs, there is no international moral code for war and relations between states. In the Melian Dialogue, Thucydide s exemplifies this idea through the war practices that the Athenians practiced in regards to the Melian people. While some may argue that their initial attempt to discuss the impending attack while offering the option of surrender was â€Å"humane†, the brutal force they eventually brought upon the Island of Melos outweighed their weak attempts in the beginning.Once the Melian people surrendered, the Athenians put all men of military age to death and sold the women and children as slaves. The Athenians practiced the â€Å"might makes right† way of thinking about morality: that those who hold the most power also hold the ability to decide what actions are appropriate where they deem fit. In this case, they were the mighty ones. Their forceful actions toward the Melians were justifiable in their eyes, but across cultures such actions could easily be deemed excessive and radical.Therein lies Thucydides’ argument that there is no such moral code that every nation ca n be held accountable to. In The Fog of War, Robert McNamara is horrified with such a truth, and wonders aloud â€Å"What is morally appropriate in a wartime environment? † He illustrates his question by describing â€Å"Agent Orange†, a chemical that was approved for usage during the Vietnam War while he was acting Secretary of Defense. â€Å"Agent Orange† is a chemical that was often used to take the leaves off of trees, and after the war was discovered to be highly toxic and lethal.The usage of â€Å"Agent Orange† killed numerous citizens and soldiers who were exposed. He continues to ask whether those who issued the approval of â€Å"Agent Orange† criminals? Within the definition of the word ‘criminal’ is the assumption that there is a crime being broken that is made illegal by a system of written laws. But McNamara points out that there are no such kinds of laws in war to determine what is acceptable and what is not and ultimately there is no such thing as an international moral code that can be upheld, especially in the times of war.While there exists no international moral standard, does that mean that no state can be trusted? Thucydides’ third principle of international politics would answer â€Å"yes†. He believes that in the sense of self-interest, one state cannot rely upon alliances and only those alliances that are in line with national honor should be upheld. This principle is evident in the Melian Dialogue when the Melian people state their hope and belief in the Spartan people coming to their aid in the prospect of attack from the Athenians.They believe that if not solely for the Spartan’s will to preserve their neighboring allies (that will surely take note if they don’t come to aid Melos), then for the kinship of the Melian and Spartan race. Ultimately, the people of Melos are proven to have had too much hope in the Spartans, as no one comes to their aid. However, muc h like in the throes of friendship where not all can be trusted, surely some friends and allies can. The Fog of War displays a twisted sense of camaraderie between the USSR and Cuba, a bond that was forged in the joint disparage toward the United States.Their alliance built and housed nuclear weapons on Cuban soil, weapons that had the ability to destroy most of the continental United States. Once the American Government took hold of the dangerous situation and offered negotiations to the USSR in the hopes of avoiding destructive warfare, Nikita Khrushchev had a decision to make†¦and he had two major options. He could ignore the offer of diplomatic problem solving and strike the United States with the nuclear weapons or he could agree to the negotiations JFK brought to the table.On the one hand, attacking the United States guaranteed a responsive strike from the US that would undoubtedly destroy Cuba and kill thousands (not to mention create real problems between the USSR and t he US). And on the other, he could agree to take out the weapons in return for the promise that the US would not attack Cuba. He could be known as the man who saved Cuba from an attack by the United States and could gain national respect for upholding USSR honor and morality.Despite the disturbing urgings from war-mongering Fidel Castro, Khrushchev decided to agree to negotiations. While his actions may have been solely done for self-interest and preservation of the USSR’s teetering relationship with the US, he ultimately had the interest of the people of Cuba in mind even when their own President did not. This act by Khrushchev, despite the reasons behind it, upheld the ideals of alliances: that one nation must be reliable and ready in the ability to protect the people and rights of the ally nation.