Age Discrimination in Employment Act Essay

The Age Discrimination in Employment Act (ADEA) of 1967 prohibits employers from discriminating against employees, or job candidates, on the basis of age. This law covers workers who are 40 years of age and older. An employer must have at least 20 workers to be covered by this law. The Equal Employment Opportunity Commission (EEOC) enforces the Age Discrimination in Employment Act. According to the Equal Employment Opportunity Commission (EEOC), the Age Discrimination in Employment Act makes it unlawful for an employer to make employment-related decisions based on an employee’s or a prospective employee’s age. Here are several ways in which workers age 40 and above are covered: †¢An employer can’t make hiring decisions based on an applicant’s age and he or she can’t discriminate based on age when recruiting job candidates, advertising for a job or testing applicants. †¢An employer can’t fire a worker because of his age. †¢An employer can’t use age to classify, segregate or limit an employee if this will negatively affect the employee’s status or deprive him or her of opportunities. †¢An employer can’t use age to determine an employee’s pay. †¢An employer can’t deny benefits to an employee because of the employee’s age. In some circumstances, however, the employer may provide reduced benefits to older workers if the cost of providing those reduced benefits matches the cost of providing benefits to a younger worker. In other words, the cost of providing the benefits to older workers and younger workers must be the same. †¢An employee may take age into account when making an employment-related decision only if it is in regard to an authentic qualification necessary for the business’s operation. Age discrimination involves treating someone (an applicant or employee) less favorably because of his age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. Age Discrimination & Work Situations The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Age Discrimination & Harassment It is unlawful to harass a person because of his or her age. Harassment can include, for example, offensive remarks about a person’s age. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Age Discrimination & Employment Policies/Practices An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA). The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government. ADEA protections include: †¢Apprenticeship Programs It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual’s age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption. †¢Job Notices and Advertisements The ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a â€Å"bona fide occupational qualification† (BFOQ) reasonably necessary to the normal operation of the business. †¢Pre-Employment Inquiries The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA. If the information is needed for a lawful purpose, it can be obtained after the employee is hired. †¢Benefits The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs might create a disincentive to hire older workers. Therefore, in limited circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is no less than the cost of providing benefits to younger workers. Employers are permitted to coordinate retiree health benefit plans with eligibility for Medicare or a comparable state-sponsored health benefit. †¢Waivers of ADEA Rights An employer may ask an employee to waive his/her rights or claims under the ADEA. Such waivers are common in settling ADEA discrimination claims or in connection with exit incentive or other employment termination programs. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must: obe in writing and be understandable; ospecifically refer to ADEA rights or claims; onot waive rights or claims that may arise in the future; obe in exchange for valuable consideration in addition to anything of value to which the individual already is entitled; oadvise the individual in writing to consult an attorney before signing the waiver; and oprovide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it. If an employer requests an ADEA waiver in connection with an exit incentive or other employment termination program, the minimum requirements for a valid waiver are more extensive. See Understanding Waivers of Discrimination Claims in Employee Severance Agreements† at http://www.eeoc.gov/policy/docs/qanda_severance-agreements.html

The Host Chapter 45: Succeeded

Healer Knits Fire and Cerulean walked through the door together. The Healer handed me a tall glass of water. It didn't feel as cold as the first-my fingers were cold with fear now. The dark-skinned woman had something for me, too. She handed me a flat rectangle with a handle. â€Å"I thought you would want to see,† Knits Fire said with a warm smile. The tension flooded out of me. There was no suspicion or fear. Just more kindness from the souls who had dedicated their lives to Healing. Cerulean had given me a mirror. I held it up and then tried to stifle my gasp. My face looked the way I remembered it from San Diego. The face I'd taken for granted there. The skin was smooth and peachy across my right cheekbone. If I looked carefully, it was just a little lighter and pinker in color than the tan on the other cheek. It was a face that belonged to Wanderer, the soul. It belonged here, in this civilized place where there was no violence and no horror. I realized why it was so easy to lie to these gentle creatures. Because it felt right to talk with them, because I understood their communication and their rules. The lies could be†¦ maybe should be true. I should be filling a Calling somewhere, whether teaching at a university or serving food in a restaurant. A peaceful, easy life contributing to a greater good. â€Å"What do you think?† the Healer asked. â€Å"I look perfect. Thank you.† â€Å"It was my pleasure to heal you.† I looked at myself again, seeing details beyond the perfection. My hair was ragged-dirty, with uneven ends. There was no gloss to it-homemade soap and poor nutrition were to blame for that. Though the Healer had cleaned the blood from my neck, it was still smudged with purple dust. â€Å"I think it's time I called the camping trip quits. I need to clean up,† I murmured. â€Å"Do you camp often?† â€Å"In all my free time, lately. I†¦ can't seem to keep away from the desert.† â€Å"You must be brave. I find the city much more comfortable.† â€Å"Not brave-just different.† In the mirror, my eyes were familiar rings of hazel. Dark gray on the outside, a circle of moss green, and then another circle of caramel brown around the pupil. Underlying it all, a faint shimmer of silver that would reflect the light, magnify it. Jamie? Mel asked urgently, beginning to feel nervous. I was too comfortable here. She could see the logic of the other path laid out before me, and that frightened her. I know who I am, I told her. I blinked, then looked back at the friendly faces beside me. â€Å"Thank you,† I said again to the Healer. â€Å"I suppose I'd better be on my way.† â€Å"It's very late. You could sleep here if you'd like.† â€Å"I'm not tired. I feel†¦ perfect.† The Healer grinned. â€Å"No Pain does that.† Cerulean walked me to the reception area. She put her hand on my shoulder as I stepped through the door. My heart beat faster. Had she noticed that my pack, once flat, was now bulging? â€Å"Be more careful, dear,† she said, and patted my arm. â€Å"I will. No more hikes in the dark.† She smiled and went back to her desk. I kept my pace even as I walked through the parking lot. I wanted to run. What if the Healer looked in her cabinets? How soon would she realize why they were half empty? The car was still there, in the pocket of darkness created by a gap between streetlights. It looked empty. My breath came fast and uneven. Of course it should look empty. That was the whole point. But my lungs didn't calm until I could glimpse the vague shape under the blanket on the backseat. I opened the door and put the backpack on the passenger seat-it settled there with a reassuring clatter-then I climbed in and shut the door. There was no reason to slam the locks down; I ignored the urge. â€Å"Are you okay?† Jared whispered as soon as the door was closed. His voice was a strained, anxious rasp. â€Å"Shh,† I said, keeping my lips as still as I could. â€Å"Wait.† I drove past the bright entrance and answered Cerulean's wave with one of my own. â€Å"Making friends?† We were on the dark road. No one was watching me anymore. I slumped in the seat. My hands started to shake. I could allow that, now that it was over. Now that I'd succeeded. â€Å"All souls are friends,† I told him, using my normal volume. â€Å"Are you all right?† he demanded again. â€Å"I'm healed.† â€Å"Let me see.† I stretched my left arm across my body, so he could see the tiny pink line. He sucked in a surprised breath. The blanket rustled; he sat up and then climbed through the space between the seats. He pushed the backpack out of the way, then pulled it onto his lap, testing its weight. He looked up at me as we passed under a streetlamp, and he gasped. â€Å"Your face!† â€Å"It's healed, too. Naturally.† He raised one hand, holding it in the air near my cheek, unsure. â€Å"Does it hurt?† â€Å"Of course not. It feels like nothing happened to it in the first place.† His fingers brushed the new skin. It tingled, but that was from his touch. Then he was back to business. â€Å"Did they suspect anything? Do you think they'll call the Seekers?† â€Å"No. I told you they wouldn't be suspicious. They didn't even check my eyes. I was hurt, so they healed me.† I shrugged. â€Å"What did you get?† he asked, opening the drawstrings on the backpack. â€Å"The right things for Jamie†¦ if we get back in time†¦Ã¢â‚¬  I glanced at the clock on the dashboard automatically, though the hours it marked were meaningless. â€Å"And more for the future. I only took what I understood.† â€Å"We'll be back in time,† he promised. He examined the white containers. â€Å"Smooth?† â€Å"Not a necessity. But I know what it does, so†¦Ã¢â‚¬  He nodded, digging through the bag. He muttered the names to himself. â€Å"No Pain? Does it work?† I laughed. â€Å"It's amazing. If you stab yourself, I could show you†¦ That's a joke.† â€Å"I know.† He was staring at me with an expression I didn't understand. His eyes were wide, like something had deeply surprised him. â€Å"What?† My joke hadn't been that bad. â€Å"You did it.† His tone was full of wonder. â€Å"Wasn't that the idea?† â€Å"Yes, but†¦ I guess I didn't really think we were going to make it out.† â€Å"You didn't? Then why†¦? Why did you let me try?† He answered in a soft almost-whisper. â€Å"I figured it was better to die trying than to live without the kid.† For a moment, my throat was choked with emotion. Mel was too overcome to speak as well. We were a family in that one instant. All of us. I cleared my throat. No need to feel things that would only come to nothing. â€Å"It was very easy. Probably any of you could get away with it, if you acted naturally. She did look at my neck.† I touched it reflexively. â€Å"Your scar is too obviously homemade, but with the medicines I took, Doc could fix that.† â€Å"I doubt any of us could act so natural.† I nodded. â€Å"Yes. It's easy for me. I know what they expect.† I laughed briefly to myself. â€Å"I'm one of them. If you trusted me, I could probably get you anything in the world you wanted.† I laughed again. It was just the stress fading, making me giddy. But it was funny to me. Did he realize that I would do exactly that for him? Anything in the world he wanted. â€Å"I do trust you,† he whispered. â€Å"With all our lives, I trust you.† And he had trusted me with every single human life. His, and Jamie's, and everyone else's. â€Å"Thank you,† I whispered back. â€Å"You did it,† he repeated in wonder. â€Å"We're going to save him.† Jamie is going to live, Mel rejoiced. Thank you, Wanda. Anything for them, I told her, and then I sighed, because it was so true. After reattaching the tarps when we reached the wash, Jared took over the driving. The way was familiar to him, and he drove faster than I would have. He had me get out before he pulled the car into its impossibly small hiding place under the rock slide. I waited for the sound of rock against metal, but Jared found a way in. And then we were back in the jeep and flying through the night. Jared laughed, triumphant, as we jolted across the open desert, and the wind carried his voice away. â€Å"Where's the blindfold?† I asked. â€Å"Why?† I looked at him. â€Å"Wanda, if you wanted to turn us in, you had your chance. No one can deny that you're one of us now.† I thought about that. â€Å"I think some still could. It would make them feel better.† â€Å"Your some need to get over themselves.† I was shaking my head now, picturing our reception. â€Å"It's not going to be easy, getting back in. Imagine what they're thinking right now. What they're waiting for†¦Ã¢â‚¬  He didn't answer. His eyes narrowed. â€Å"Jared†¦ if they†¦ if they don't listen†¦ if they don't wait†¦Ã¢â‚¬  I started talking faster, feeling a sudden pressure, trying to get him all the information before it was too late. â€Å"Give Jamie the No Pain first-lay that on his tongue. Then the Inside Clean spray-he just has to inhale it. You'll need Doc to -â€Å" â€Å"Hey, hey! You're going to be the one giving the directions.† â€Å"But let me tell you how -â€Å" â€Å"No, Wanda. It's not going to go down that way. I'll shoot anyone who touches you.† â€Å"Jared -â€Å" â€Å"Don't panic. I'll aim low, and then you can use that stuff to heal 'em back up again.† â€Å"If that's a joke, it's not funny.† â€Å"No joke, Wanda.† â€Å"Where's the blindfold?† He pressed his lips together. But I had my old shirt-Jeb's raggy hand-me-down. That would work almost as well. â€Å"This will make it a little bit easier for them to let us in,† I said as I folded it up into a thick band. â€Å"And that means getting to Jamie faster.† I tied it over my eyes. It was quiet for a time. The jeep bounced along the uneven terrain. I remembered nights like this when Melanie had been the passenger†¦ â€Å"I'm taking us right to the caves. There's a place the jeep will be fairly well hidden for a day or two. It will save us time.† I nodded. Time was the key now. â€Å"Almost there,† he said after a minute. He exhaled. â€Å"They're waiting.† I heard him fumbling beside me, heard a metal clank as he pulled the gun from the backseat. â€Å"Don't shoot anyone.† â€Å"No promises.† â€Å"Stop!† someone shouted. The sound carried in the empty desert air. The jeep slowed and then idled. â€Å"It's just us,† Jared said. â€Å"Yes, yes, look. See? I'm still me.† There was hesitation from the other side. â€Å"Look-I'm bringing the jeep in under cover, okay? We've got meds for Jamie, and we're in a hurry. I don't care what you're thinking, you're not going to get in my way tonight.† The jeep pulled forward. The sound changed and echoed as he found his cover. â€Å"Okay, Wanda, everything's fine. Let's go.† I already had the pack on my shoulders. I got out of the jeep carefully, not sure where the wall was. Jared caught my searching hands. â€Å"Up you go,† he said, and lifted me over his shoulder again. I wasn't as secure as before. He used only one arm to hold me. The other must have had the gun. I didn't like that. But I was worried enough to be grateful for it when I heard the running footsteps approaching. â€Å"Jared, you idiot!† Kyle shouted. â€Å"What were you thinking?† â€Å"Ease up, Kyle,† Jeb said. â€Å"Is she hurt?† Ian demanded. â€Å"Get out of my way,† Jared said, his voice calm. â€Å"I'm in a hurry. Wanda's in perfect shape, but she insisted on being blindfolded. How is Jamie?† â€Å"Hot,† Jeb said. â€Å"Wanda's got what we need.† He was moving fast now, sliding downhill. â€Å"I can carry her.† Ian, of course. â€Å"She's fine where she is.† â€Å"I'm really okay,† I told Ian, my voice bouncing with Jared's movement. Uphill again, a steady jog despite my weight. I could hear the others running with us. I knew when we were through to the main cavern-the angry hiss of voices swelled around us, turning into a clamor of sound. â€Å"Out of my way,† Jared roared over their voices. â€Å"Is Doc with Jamie?† I couldn't make out the answer. Jared could have put me down, but he was in too much of a hurry to pause for that second. The angry voices echoed behind us, the sound constricting as we entered the smaller tunnel. I could feel where we were now, follow the turns in my head as we raced through the junction to the third sleeping hall. I could almost count the doors as they passed me invisibly. Jared jerked to a halt and let the sudden stop slide me down from his shoulder. My feet hit the floor. He ripped the blindfold from my eyes. Our room was lit by several of the dim blue lanterns. Doc was standing rigidly, as if he'd just sprung to his feet. Kneeling beside him, her hand still holding a wet cloth to Jamie's forehead, was Sharon. Her face was almost unrecognizable, it was so contorted with fury. Maggie was struggling to her feet on Jamie's other side. Jamie still lay limp and red, eyes closed, his chest barely moving to pull in air. â€Å"You!† Sharon spit, and then she launched herself from her crouch. Like a cat, she sprang at Jared, nails reaching for his face. Jared caught her hands and twisted her away from him, pulling her arms behind her back. Maggie looked as if she was about to join her daughter, but Jeb stepped around the struggling Sharon and Jared to stand toe-to-toe with her. â€Å"Let her go!† Doc cried. Jared ignored him. â€Å"Wanda-heal him!† Doc moved to put himself between Jamie and me. â€Å"Doc,† I choked. The violence in the room, swirling around Jamie's still form, scared me. â€Å"I need your help. Please. For Jamie.† Doc didn't move, his eyes on Sharon and Jared. â€Å"C'mon, Doc,† Ian said. The little room was too crowded, claustrophobic, as Ian came to stand with his hand on my shoulder. â€Å"You gonna let the kid die for your pride?† â€Å"It's not pride. You don't know what these foreign substances will do to him!† â€Å"He can't get much worse, can he?† â€Å"Doc,† I said. â€Å"Look at my face.† Doc wasn't the only one who responded to my words. Jeb, Ian, and even Maggie looked and then did a double take. Maggie glanced away quickly, angry that she'd betrayed any interest. â€Å"How?† Doc demanded. â€Å"I'll show you. Please. Jamie doesn't need to suffer.† Doc hesitated, staring at my face, and then let out a big sigh. â€Å"Ian's right-he can't get much worse. If this kills him†¦Ã¢â‚¬  He shrugged, and his shoulders slumped. He took a step back. â€Å"No,† Sharon cried. No one paid any attention to her. I knelt beside Jamie, yanking the backpack off my shoulders and tugging it open. I fumbled until I found the No Pain. A bright light switched on beside me, pointed at Jamie's face. â€Å"Water, Ian?† I twisted the lid open and pinched out one of the little tissue squares. When I pulled Jamie's chin down, his skin burned my hand. I laid the square on his tongue and then held out my hand without looking up. Ian placed the bowl of water in it. Carefully, I dripped enough water into his mouth to wash the medicine down his throat. The sound of his swallow was dry and painful. I searched frantically for the thinner spray bottle. When I found it, I had the lid off and the mist sprayed into the air above him in one fast movement. I waited, watching his chest until he inhaled. I touched his face, and it was so hot! I scrambled for the Cool, praying it would be easy to use. The lid screwed off, and I found that the cylinder was full of more tissue squares, light blue this time. I breathed a sigh of relief and placed one on Jamie's tongue. I picked up the bowl again and dribbled another mouthful of water through his parched lips. His swallow was quicker this time, less strained. Another hand touched Jamie's face. I recognized Doc's long bony fingers. â€Å"Doc, do you have a sharp knife?† â€Å"I have a scalpel. You want me to open the wound?† â€Å"Yes, so I can clean it.† â€Å"I thought about trying that†¦ to drain it, but the pain†¦Ã¢â‚¬  â€Å"He'll feel nothing now.† â€Å"Look at his face,† Ian leaned in beside me to whisper. Jamie's face was no longer red. It was a natural, healthy tan. The sweat still glistened on his brow, but I knew it was just left over from before. Doc and I touched his forehead at the same time. It's working. Yes! Exultation swept through both Mel and me. â€Å"Remarkable,† Doc breathed. â€Å"The fever has cooled, but the infection may remain in his leg. Help me with his wound, Doc.† † Sharon, could you hand me -† he began absentmindedly. Then he looked up. â€Å"Oh. Ah, Kyle, do you mind handing me that bag right there by your foot?† I scooted down so that I was over the red, swollen cut. Ian redirected the light so I could see it clearly. Doc and I both rustled through our bags at the same time. He came up with the silver scalpel, a sight that sent a quiver of unease down my spine. I ignored it and readied the bigger Clean spray. â€Å"He won't feel it?† Doc checked, hesitating. â€Å"Hey,† Jamie croaked. His eyes were open wide, roaming the room until they found my face. â€Å"Hey, Wanda. What's going on? What's everyone doing here?†

Globalization and the World Economy Essay

Globalization is a powerful real aspect on the new world system, and it represents one of the most influential forces in determining the future course of the planet. It is described as having â€Å"many dimensions: economic, political, social, cultural, environmental, and security† (Intriligator, 2001). Globalization in the 21st century is inevitable. Increased globalization and international businesses are growing because technology is expanding rapidly especially in communications and transportation. According to Daniels, Radebaugh, and Sullivan (2007) countries are beginning to remove many international restrictions facilitating trade and commerce. Numerous governments have developed services to help conduct international business more easily. Consumers are becoming more knowledgeable about foreign goods and services and want them in their home country. Increased global competition has stimulated more companies to enter the international arena for selling goods and services. In most cases, improved political relationships among some of the major economic powers have made international trade more profitable. As the world shrinks because of the internet, improved communication and transportation more countries are cooperating on transnational issues related to business and commerce. Globalization has changed the scope and focus of business. The impact of globalization can be categorized generally in terms of distance, country, and culture. Our world is becoming increasingly interdependent because of globalization. Globalization did not just â€Å"happen†. It was driven and is being driven by a number of worldwide developments. Some of these developments have spanned many years, and some have occurred in a relatively short period of time. The first development was the end of the cold war. As stated by Brooks and Wohlforth (2000) the world changed in 1991 when the â€Å"Soviet Empire† collapsed. Mikhail Gorbachev’s policies helped to bring major political changes. With the removal of a threat of war, global interdependence could take hold. The second development is the world’s increasing population growth. This growth all but ensures a broad, expanding, worldwide market for goods and services, and an expanding workforce. The third development is the emergence of free markets on a worldwide basis. According to Ruggiero (1996), country after country is opening its borders to a freer flow of goods, services, technology, and capital. Many are forming regional trade blocks that facilitate investment and commerce in their local economies. The World Trade Organization (WTO), an international body that deals with the rule of trade between nations, is actively helping countries at all level of development with financial and trade agreement support. The fourth development has been the ongoing emergence of a worldwide technical and logistics framework. Daniels, Radebaugh, and Sullivan (2007) remark that tremendous strides in communications and transportation technology enable businesses to quickly know about and demand products and services developed in another part of the world. A worldwide telecommunications network is in place to facilitate global commerce, with millions of phones supported by satellites and fiber optic cables. An array of ships, planes, trucks and other logistical systems makes it possible to transport people and packages to almost any point in the world. The last development is the explosion of the internet on the world scene, which is playing a key role in aspects of global commerce. Kabuga (2000) argues that the arrival of the internet has speeded up globalization. This growth in internet usage on a worldwide basis has had a major effect on global business activities. The advent of the internet has allowed for rapid access to world markets. Knowing how to use the internet for globalization activities can be very beneficial for a company. In this dotcom economy, everything can be produced anywhere and sold anywhere. The internet has given many companies a new view on how to handle global business needs. Globalization is not just a â€Å"me too† trend. There are solid reasons why some businesses embrace the global path and others do not. Three solid business factors for globalization are expansion of sales, to acquire resources, and to minimize risk. Daniels, Radebaugh, and Sullivan (2007) claim that a company’s sales are dependent on two factors: the consumers’ interest in their products or services and the consumers’ willingness and ability to buy them. Higher sales mean higher profits, so increased sales are a major motive for company’s expansion into globalization. To acquire resources manufacturers and distributors seek out products, services, and components produced in foreign countries (Daniels, et al. , p18). Foreign sources may give companies lower costs, new or better products, and additional operating knowledge. To minimize swings in sales and profits, companies may seek out foreign markets to take advantage of business cycle differences among countries (Daniels, et al. , p18). International operations may reduce operating risk by smoothing sales and profits and preventing competitors from gaining advantages. When deciding how and where to conduct business globally, it’s important that companies have some knowledge of the target countries. According to Daniels, Radebaugh, and Sullivan (2007) political policies and legal practices, behavioral factors, economic forces, and geographical influences are key external forces that affect the way a company operates and the amount of adjustment it must make to its operations in a particular country. Knowing background information on the countries can help in two areas: communication and credibility. Knowing about the target country gives a common ground for talking with people from that country. This can open the door to effective communication. Knowing about the target country gives credibility when talking about the country to others, both within the organization and native to the foreign country. Another benefit of knowing about foreign operations is increased awareness of how to help an operation be successful. Without adequate knowledge, a company may not realize what it takes to succeed with a foreign operation or realize that an operation is in danger of failing. Globalization has sparked some of the most highly charged debates of the past decade, been the subject of countless books and cause of major demonstrations in Europe and North America (World Bank, 2000). Critics of globalization see it as a process by which power is taken from the poor and given to the rich and powerful, particularly to transnational corporations Aisbett (2004). Daniels, Radebaugh, and Sullivan (2007) have put these claims into three broad categories: threat to national sovereignty, growth, and growing income inequality. Globalization does not reduce national sovereignty. It does create a strong incentive for governments to pursue sound economic policies (International Monetary Fund, 2000). While globalization may confront government officials with more difficult choices, the result for their citizens is greater individual freedom. In this sense, globalization acts as a check on government power that makes it more difficult for governments to abuse the freedom and property of their citizens. Criticisms against globalization are really criticisms against economic growth. The assumption is that globalization brings more production or growth, which, in turn, brings both long-term and negative consequences (Daniels, et al. , p15). Growth and globalization have gone hand-in-hand; economic growth in the last fifty years has been faster than it was in earlier centuries. According to Krueger (2002), the impact of the faster growth on living standards has been phenomenal. We have observed the increased well-being of a larger percentage of the world’s population by a greater increment than ever before in history. Globalization offers greater opportunity for people to tap into more and larger markets around the world. In regards to growing income inequality people look at not only absolute achievement or improvement, but also at how well they do compared to other people, especially those in other countries. Thus, improvement in global well-being is of little solace to most people unless they, themselves, are doing better and at least keep up with others (Daniels, et al. , p15). Growing income inequality is said to be the Achilles Heel of globalization (Krueger, 2002). This characterization is misleading in several respects. There has been in the last century remarkable income growth, but it obvious that the progress has not been evenly dispersed. The gaps between rich and poor countries, and rich and poor people within countries, have grown. The richest quarter of the world’s population saw its per capita Gross Domestic Product (GDP) increase nearly six-fold during the century, while the poorest quarter experienced less than a three-fold increase (International Monetary Fund, 2000). As stated by Krueger (2002) â€Å"poor people are desperate to improve their material conditions in absolute erms rather than to march up the income distribution†. The focus should be on impoverishment than on inequality. Many have argued that these claims have exploited people in developing countries, caused massive disruptions to their lives and produced few benefits in return (World Bank, 2000). According to Daniels, Radebaugh, and Sullivan (2007) anti-globalization forces have protested meetings of international organizations and conferences, both peacefully and violently in recent years, as they press for legislation and other means to stop or slow the globalization process. Organizations against globalization see it as a new form of imperialism or as a new stage of capitalism in the age of electronics. Globalization has involved greater openness in the international economy, an integration of markets on a worldwide basis, and a movement toward a borderless world. Supporters point to the significant reductions in poverty achieved by countries, which have embraced globalization with the world economy such as China, Vietnam, India, and Uganda. â€Å"Globalization has had a significant impact on all economies of the world, with manifold effects† (Intriligator, 2001). According to an article on Freetrade. org (2007) for the less developed countries, globalization offers access to foreign capital, global export markets, and advanced technology while breaking the monopoly of inefficient and protected domestic producers. Faster growth, in turn, promotes poverty reduction, democratization, and higher labor and environmental standards. Because it expands economic freedom and spurs competition, globalization raises the productivity and living standards of people in countries that open themselves to the global marketplace. This growth in cross-border economic activities takes various forms such as International Trade, Foreign Direct Investment (FDI), and Capital Market Flows. In international trade, a growing share of spending on goods and services is devoted to imports from other countries. A growing share of what countries produce is sold to foreigners as exports. As stated by Daniels, Radebaugh, and Sullivan (2007) to meet their international objectives companies’ strategies require them to trade and transfer means of production internationally. When countries have fewer restrictions on foreign trade, it gives them the opportunity to gain economies of scale by servicing markets in more than one country from a single base of production. This trading and transferring of goods and services is what links countries economically. Several impacts of globalization on national economies deserve particular mention. One is the growth of foreign direct investment at a rapid rate. Foreign direct investment is on the rise around the world. It is now a competitive requirement that businesses invest all over the globe to access markets, technology, and talent. Attracting foreign direct investment has become a key part of national development strategies for many countries. They see such investments as bolstering domestic capital, productivity, and employment, all of which are crucial to jump-starting economic growth. While many highlight FDI’s positive effects, others blame FDI for â€Å"crowding out† domestic investment and lowering certain regulatory standards. The effects of FDI can sometimes barely be perceived, while other times they can be transformative. While the FDI’s impact depends on many conditions, well-developed and implemented policies can help maximize gains (World Bank, 2000). Capital market flows over the course of the past decade, companies’ in many countries (especially in the developed world) have increasingly diversified their portfolios to include foreign financial assets (foreign bonds, equities, loans), while borrowers increasingly turn to foreign source of funds, along with domestic ones. While flows of this kind to developing countries rose sharply in the 1990s, they have been much more volatile than either trade or FDI flows, and they have been restricted to a narrower range of â€Å"emerging market† countries (World Bank, 2000). Globalization has many advantages; properly executed it integrates world trade and financial markets, promotes economic growth, and provides opportunities for better education and living standards. It has already been noted that globalization has both positive and negative effects. Whether one sees globalization as a positive or as a negative development, it must be understood that it has clearly changed the world system and that it poses both opportunities and challenges. It is additionally clear that the above economic, political, social, cultural, environmental, and security developments that have led to globalization are still very active. I believe these trends toward greater globalization will continue to expand in the future.

Assignment Example | Topics and Well Written Essays - 1000 words - 6

Assignment Example Blending the scholarship between the insightful narratives, the story line of this book portrays an extraordinary woman who comes out boldly to challenge the unwritten codes and some barriers of the social hierarchy and goes ahead to dare seek some measure of personal independence in the male-dominated world. This book gives a summary and analysis of the record case that is found in the Florentine archives1. In this book, the class difference is not only revelatory basing on the way that the law handled people of different social classes, but it also bases on how social class was subject in handling matters of love. Just in the same way that class played a role in affecting romance in Renaissance Florence is also evident in Giovanni’s initial pursuit of Lusanna’ love. Giovanni falls in love with Lusanna despite the fact that her husband is still alive, and goes ahead to try and start a relationship with her. Despite the fact that Giovanni is rich and many girls are afte r him, he only loves Lusanna. In this case, the custom was to seek to marry just for the purpose of increasing social status or tying together the important families, but not marrying each other because of love. For this, social class is evident in comparison of Giovanni and Lusanna, but Giovanni argues that he wants to marry Lusenna not because of increasing social ties, but because he is deeply in love with her. Social class is not only the difference separating the love story between Giovanni and Lusanna, but there is also an aspect of gender. Lusanna is the rare exception among many women of her time, and thus making it not possible to categorize her as in any major roles that women adopted in this community. Women of her class would be typical â€Å"chaste wives and widows or cloistered nuns,† but not passionate and driven just as Lusanna was. All through this case Giovanni was determined to prove that their relationship was strong and had started way back before the dea th of Lusanna’s husband Andrea, and that her willingness to not only to participate in this relationship that was making her mush happier than her marriage seizes the initiative of classifying different from the set of other women in her era, in that she participates in the illicit relationship. Another aspect that existed between these different classes of lives is the double standard existing in relation to sex. According to the social norms of the community, adultery was forbidden in the Florence play. Both the secular and religious laws also forbid and even punished adultery, such as the same case that Lusanna portrayed while married to Andrea. There is also an aspect of influence in the justice system following the class difference. For instance, Lusanna was the one who filed a case against Giovanni for attempting to marry another woman while they are married. In this society, rich people had the capacity of bribing the justice system, something that would have made Giov anni walk free. Archbishop Antoninus was the only leader with the capacity of rejecting such bribes and influence from the rich class in this society, thus suiting him to preside over this case. However, the author states that the same judge would have known of Giovanni’s influence and financial power, leading him to uphold the complaint filed by Lusanna. The status difference that was separating Lusanna and Giovanni is

Response writing to a chart Assignment Example | Topics and Well Written Essays - 250 words

Response writing to a chart - Assignment Example chart, it is evident that female students have a negative attitude towards subjects that have been retrospectively male dominated; these are mathematics and sciences. Nonetheless, from the figure one can understand why Canada was declared the first country to have  a majority of women in the work force (Women economics, n.d). This is clearly because of the higher enrolment figures for women in schools resulting in their increased viability, in the skilled labor market. Despite the fact that, in Canada, the number of female students enrolled in universities is higher than that of male ones, the number of males taking sciences and Mathematics is greater (Parsons and McMullen, 2009). As such, women should be encouraged to take up sciences and Mathematics since they have already proven they can win in the battle for numbers, and the idea of men being better in Mathematics is just a stereotype. The same case should apply in sciences female students need to be made aware of the fact that there are no â€Å"masculine† subjects, and they can tackle physics just as well as men if they put their minds to the task. Women economics. Canada: Officially the First Country with Majority Female Workforce. Retrieved from

Regulatory Issues Essay Example | Topics and Well Written Essays - 750 words

Regulatory Issues - Essay Example A basic regulatory principle is that regulation should not be more restrictive than is necessary for public protection and regulation should not hamper the growth of the nursing profession. The focus of registered nurse regulation is public protection. This regulation assures the public that they are receiving safe and ethical care from competent, qualified registered nurses. It defines the practice and boundaries of the nursing profession, including the requirements and qualifications to practice. Boards fulfill their public protection mission by establishing, endorsing, and monitoring nursing education standards in programs leading to licensure and licensing qualified candidates who complete education programs and successfully pass a licensing examination that measures entry-level competency. Boards also monitor practice changes that impact scopes of practice and issue policy statements or support legislative passage of statutes or rules that support current practice needs and discipline or remove from practice those nurses who fail to meet standards. The public and agencies that educate, represent, or employ nurses are all considered customers of boards of nursing, and it is important that boards are responsive to their needs. Relationships that boards in turn rely on for reporting of violations to Nurse Practice Acts. Best practices related to discipline are vetted in guiding principles for nursing regulation: public protection, practitioner competence, ethical decision making, and due process based on our national standard that all who are accused have a right to a speedy hearing, shared accountability, strategic collaboration, evidence-based regulation, environment and marketplace responses in forming regulations, and ethical interactions within the global nursing arena. The public is best served when nurses are given the legislative mandate to regulate nursing in the

The short and long term financial strategy of a listed company of your Essay

The short and long term financial strategy of a listed company of your choice - Essay Example The impression gained by lenders and investors have a direct bearing on the movement of stock prices of a company and, as is commonly known, any downward movement of stock prices immediately generates negative sentiments in the market that have a direct adverse effect on the goodwill of the organization (Arnold 2005). No organization of repute can afford to accept a smear on its goodwill as that has a very great impact on its turnover and profitability. Moreover, a company that does not have goodwill in the market is very rarely is able to gather funds from the market when it is need of it and always has to struggle with high interest rates that it has to pay if it wishes to borrow from commercial banks or institutional lenders. Thus, this report is of vital importance to any corporate entity as it can make or mar its future. To prevent any manipulation of figures, authorities all over the world have made it mandatory that such accounts must be vetted and audited by statutory auditor s and submitted to registrar of companies in prescribed formats (Pike and Neale 2009). This assignment examines in detail Annual Report of Accenture and draws important and vital conclusions about the company. Accenture – background details of the company (Oliveira 2008) Accenture is a global management consulting company that has firmly established itself in the Fortune 500 list of companies. It was in 394th position in 2007 and has steadily gained since then in stature and prominence in the global competitive arena as it became a force to reckon with in the field of technology and outsourcing services. This company has a rather checkered past as in its earlier incarnation, Anderson Consulting, it got inextricably smeared in black as the Enron scandal unfolded with all its murkiness and deceit. So before the company went for initial public offering in 2001 it had changed its name to Accenture to get rid of an unenviable past association. This company is an acclaimed global s ervice provider having a highly decentralized organization structure and services clients of international repute and global footprint in areas of increasing productivity, turnover or returns on capital employed. In order to serve a worldwide client base the company had no other option but to decentralize its operations and that is evident when one comes to know that it operates from more than 150 locations in about 50 countries. The company, like most other service providers, values its human resources as its most productive asset and goes to great lengths to maintain it properly. With more and more companies investing heavily in Information Technology to cut costs and increase productivity, one of the core businesses of Accenture has become IT consulting. This is a highly competitive market and the only way to survive and stay ahead of competition is to continuously innovate and provide cutting edge solution to clients especially with competitors as Cap Gemini SA and Atos Origin h eavily breathing down Accenture’s neck. Accenture has also built corporate alliances with other leaders as SAP and Oracle and also formed a joint

More than one topic look at the instructions Essay

More than one topic look at the instructions - Essay Example Treatments for such a syndrome are limited; however, it has been proven that avoiding or abstaining from alcohol and caffeine entirely can have a profound effect on the level to which an individual will experience the syndrome (CDC 2012). Furthermore, in severe cases, drugs such as dopamine can be applied to seek to help to regulate the neurological responses within the human body. Lastly, a healthy diet combined with exercise and proper stretching prior to bed has been proven to ameliorate many of the symptoms (RLS Factsheet 2012). According to the Sleep Foundation of the United States, Restless Legs Syndrome affects approximately 10% of all adults within the nation (CDC 2012). As such, one can of course infer that this is exhibited in varying degrees of severity; however, nevertheless the fact of the matter is that RLS has been proven to only worsen with age (WHO 2011). In this way, the propagation and progression of the syndrome with age means that it becomes less and less of an annoyance and more and more of a life-altering syndrome that must necessitate treatment. Accordingly, due to the high level of occurrence within the general population, health care providers must be increasingly conscious of such a malady as well as being ever open-minded with regards to the varying ways in which RLS can afflict their patients and the varying models by which it can be ameliorated. CDC - Key Sleep Disorders - Sleep and Sleep Disorders. (2012, April 7). Centers for Disease Control and Prevention. Retrieved  November  22, 2012, from http://www.cdc.gov/sleep/about_sleep/key_disorders.htm Restless Legs Syndrome Fact Sheet: National Institute of Neurological Disorders and Stroke (NINDS). (2012, February 15). National Institute of Neurological Disorders and Stroke (NINDS). Retrieved  November  22, 2012, from

Proposal Essay Example | Topics and Well Written Essays - 750 words - 11

Proposal - Essay Example nces or the spectators have changed significantly in this present day context as compared to previous years with the growing expertise in worldwide film industry. It can be affirmed that promotion is regarded as an effective marketing tool, which assists in generating greater awareness of the products and/or services within customers’ mind. While making effective planning for the promotional concept of the movie â€Å"Star Wars†, it can be affirmed that ‘Lucasfilm’ launched the teaser trailer online for its upcoming movie â€Å"Star Wars: The Force Awakens†, which will hit the theatres on Dec’2015. The trailer is merely of 90 seconds duration and presents only the finest glances of a motion picture that the audiences might not see for more than a year. The Star Wars trailer set an instant wave of armchair comments and online study, which comprised a series of explanations and criticisms about the trailer. The movie is quite likely to be prefer red by young generation people having inclination towards science-fiction genre. It is in this context that attracting upper-middle class and suburban women shall become a challenge for the movie, as this particular group is likely to prefer watching family or comedy genre films. However, to attract this particular customer group, the marketing group of Star Wars may take the assistance of word-of-mouth promotional technique apart from the traditional approaches of media advertisements. Setting up Google alerts to track a gist of relevant links to be shared among audiences on social websites might prove to be quite beneficial, as most of the suburban and upper middle class women are nowadays accustomed with the use of online media promotions (Fischoff, Antonio and Lewis, â€Å"â€Å"Favorite Films and Film Genres as a Function of Race, Age, and Gender†). Specially mentioning, as internet has become one of the most preferred tools for the consumers in finding out information about any subject matter, the online media may

Why Sartre Was Wrong Personal Statement Example | Topics and Well Written Essays - 750 words

Why Sartre Was Wrong - Personal Statement Example One of the most famous quotations from Being and Nothingness is â€Å"Man is condemned to be free; because once thrown into the world, he is responsible for everything he does.† The idea that freedom is a negative thing, is something that a person is condemned to, is very strange. It is a bit like saying the light is darkness or absence is a presence. What Sartre means is that freedom is a terrible responsibility if all you have is your one life and nothing more. But this doesn’t make too much sense, if a person believes, like Sartre, that the world is meaningless. The nausea of seeing yourself and your perceptions reflected back in the world or the world filling with yourself is also something to be disagreed with. In a way, the kind of existentialism Sartre complains about is really solipsism: the belief that you are the only thing in the world, or the only thing that exists. If Sartre stopped for a moment to look at the world, he wouldn’t see his own ugly face reflected back in the petal of a flower or in a sunrise: he would see a dazzling display of the natural world and the fact that people are part of it all, that this is designed to be our world where we should be happy.Sartre was clearly a very smart man, but he was too much a product of his time and unable to get outside of his gloomy state of mind to see the world as it really is. There is so much wonder and strangeness in the world that it is actually quite difficult to do what he did: reduce it all to ash.... His old world was destroyed and he literally had to try to come up with new values for a new world. It is just a bit disappointing that these new values are not based in the past and are cut free from any tradition or original truth like the existence of God. One of the most famous quotations from Being and Nothingness is "Man is condemned to be free; because once thrown into the world, he is responsible for everything he does."3 The idea that freedom is a negative thing, is something that a person is condemned to, is very strange. It is a bit like saying light is darkness or absence is presence. What Sartre means is that freedom is a terrible responsibility if all you have is your one life and nothing more. But this doesn't make too much sense, if a person believes, like Sartre, that the world is meaningless. The nausea of seeing yourself and your perceptions reflected back in the world or the world filling with yourself is also something to be disagreed with. In a way the kind of existentialism Sartre complains about is really solipsism: the belief that you are the only thing in the world, or the only thing that exists. If Sartre stopped for a moment to look at the world, he wouldn't see his own ugly face reflected back in the petal of a flower or in a sunrise: he would see a dazzling display of the natural world and the fact that people are part of it all, that this is designed to be our world where we should be happy. Sartre was clearly a very smart man, but he was too much a product of his time and unable to get outside of his gloomy state of mind to see the world as it really is. There is so much wonder and strangeness in the world that it is actually quite difficult to do what he did: reduce it all to ash.

Litigation involving Microsoft Corporation Essay

Litigation involving Microsoft Corporation - Essay Example Microsoft is the biggest provider of computer operating systems that facilitate communication and control of an individual’s personal computer. Microsoft also supplies other famous computer programs. Sales that come from the Microsoft software are huge and it is evident that the company is an energetic and a tough competitor. The complexity of determining competitive behavior from the anticompetitive acts is demonstrated by the Microsoft antitrust case. U.S. Department of Justice filed the case and it accused Microsoft Corporation of a variety of anticompetitive practices (Baumol and Blinder 268). The Microsoft antitrust case brings out many issues such as abuse via bottlenecks and bundling. Abuse via bottlenecks can be illustrated by the dominance of the Microsoft Windows. Microsoft Windows is an operating system that is used in almost all the personal computers. Microsoft Windows is a good example of a problem or an issue that is referred to as bottleneck; bottleneck is a pr oduct or a facility that is in the possession of a single company without which the competitor find impossible or difficult to operate. In order to reach majority of the personal computer users, the producer or manufacturer of any spreadsheet, graphics program or a word processor must make use of Windows. It is important to note that there is less likelihood that the competitors or alternative to Windows might capture a large share of consumers. (Baumol and Blinder 280). The existence of the bottleneck is in part due to the fact that Microsoft is largely considered as a good program and its user compatibility is considered desirable. There is need for communication between computer users and this can only be facilitated when they use the same or similar operating systems. In other words, there must be an existence of a network between the users of the computer products for them to be able to communicate effectively with one another and thus, the necessity for compatible software. Su ch a preference offers Microsoft a huge advantage, â€Å"because it already has so many users that a new purchaser who values such compatibility will be reluctant to buy a competing product that will make it more difficult to communicate with those many users of the Microsoft products† (Baumol and Blinder 280). The bottleneck problem or issues arises because Microsoft supplies both the Windows and most of the applications such as Internet Explorer (an internet browser), Excel (this is a spreadsheet program), and Word (this is a word processing program). However, it is worth noting that it is not illegal to become the owner of a bottleneck (Baumol and Blinder 280). The worry about the bottleneck owner (such as Microsoft) is that it uses its bottleneck product (that is, Windows for Microsoft) in a manner that it favors its programs and impairs programs supplied by the competitors (Baumol and Blinder 281). Bundling is described as the pricing agreement under which a substantial discount is offered by the supplier to the consumers if they purchase various products from the firm, â€Å"so that the price of the bundle of products is less than the sum of the prices of the products if they were bought separately† (Baumol and Blinder 281). Bundling can be either legitimate or illegitimate. Microsoft has sponsored its products through the provision of cheap products to computer manufacturers if they purchase Microsoft programs bundles rather than purchasing Windows alone. This form of practice indicates that the rival manufacturers of Internet browsers, spreadsheets, and word processors are disabled in promoting their products to personal computer owners (Baumol and Blinder 281). There are questions regarding the legitimacy and illegitimacy (for

Wills and Trusts Essay Example for Free

Wills and Trusts Essay Facts:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Tom is trustee of a trust created by Abe in 1986. The corpus consists of stocks and bonds worth $150,000, an apartment house appraised at $650,000 in a neighborhood which is becoming increasingly industrial, and a vacant lot. Yearly net income from the stocks and bonds is $12,000, and from the apartment house is $36,000. Tom has held the lot for five years, not wanting to sell it at a sacrifice because of the uncertainty of zoning and the location of a proposed highway. The trust instrument directs Tom to pay the income from the trust to Abe for life and, at Abes death, to divide the corpus between Abes children, Ben and Cathy to create two trusts. The two trusts are to continue for Bens and Cathys lives and then to be distributed to their children who are living when Ben or Cathy die. At the end of 1991, Tom sold the vacant lot for $50,000, the fair market value. He also sold some stocks for $35,000, realizing a $10,000 gain. Tom used this money along with $25,000 of accumulated rental income to build an addition to the apartment house. In another 1991 transaction Tom sold for $25,000 stocks that had been purchased in 1989 for $25,000, and lent the proceeds to PO Corp. at 1% below the prevailing interest rate. The loan is secured by a first mortgage on unimproved realty worth $30,000. For several years, Tom has performed substantial services for PO Corp. as a consulting engineer. He owns 100 shares of its common stock. There are 1,000,000 PO shares outstanding. In 1992, Tom allowed Ben to move into the apartment building. Ben got Tom to reduce the rent by $200 per month. Since Ben is an eventual beneficiary of the trust, he argued that he would simply let Cathy have more of the Trust money when Abe died to balance things out. Issue (1): Whether or not Tom breached his duties as trustee and, if so, what are his liabilities to the beneficiaries? Rule:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue in the case at bar is covered by the law on Trusts, which is basically formed by an arrangement whereby a property or a wealth owned by a person is managed by one person or an organization for the benefit of an individual or an organization. Relevant to this rule are the rights, duties and responsibilities of the settlor – the person creating the trusts, the trustee – the person for whom the property is entrusted, and the beneficiary – the individual for which the benefits of the trust is reposed. Analysis:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It bears stressing at this point that an examination of the rights and duties of the parties, specially that of the trustee, to a trust is imperative in solving the instant issue.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As trustee, Tom’s duty is to carry out the express terms of the trust. To be able to do the express terms of the trust, he is duty bound to defend the trust, to prudently invest the trusts assets, to be impartial with respect to the beneficiaries, keeping them informed about the trust and to administer the same in the best interest of the beneficiaries. Additionally, Tom has the duty not to delegate, the duty not to profit and not to engage in activities that may result in conflict of interest position.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   With the forgoing considerations and upon close perusal of the facts of the case, Tom has breached his duties as a trustee. The express duty of Tom is the delivery of the income of the trust to Abe for life. As it is, Tom performed acts that prejudiced Abe’s interest in the income of the trust. When Tom sold some of the stocks and realized a $10, 000 gain, he should have delivered the same to Abe since it forms part of the income of the trust. The same is true with the accumulated rental income. It should not have been used to build an addition to the apartment house since it forms part of the income which should be delivered to Abe.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Tom is also liable for engaging in activities resulting to conflict of interest position. Notwithstanding the amount involved, his act of lending at 1% below the prevailing interest rate the proceeds of the sale of stocks to PO Corporation for which he renders services as a consulting engineer constitutes a breach of obligation on his part as trustee. In the first place, he is not authorized by the express letters of the trust to grant loans using the properties in trust. The breach was further aggravated when he lent the money to a corporation for which he owns shares of stocks and for which he is rendering substantial services.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Furthermore, the act of Tom in renting the apartment building to Ben at $200 per month less than the prevailing rent is also violative of his duties as a trustee. This would result in the reduction of the income from the apartment building by $2400 per annum to the detriment of Abe. The fact that Ben is an eventual beneficiary is of no moment. Ben has a future interest in the property but this does neither include the right to present possession nor enjoyment of the property. Since Abe is still living, it is only he who has the right to the income and enjoyment of the corpus as well as the income of the trust. Conclusion:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Based on the analysis made above, it is clear that Tom has breached his duties as trustee. His only liability is to Abe who was not able to receive all the income of the trust. As intimated above, Tom has no liability whatsoever to Cathy for like Ben, she is merely a remainderman who has a future interest in the corpus of the trust. She can neither possess nor enjoy the fruits of the trust while Abe is still living. Issue (2):   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Whether or not Abe received all the income to which he is entitled? Rule:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The rule applicable to this issue is the express provision of the trust instrument itself. The trust instrument directed Tom to: 1) deliver all income from the trust to Abe while the latter is still living; 2) divide the corpus between Ben and Cathy, Abe’s children upon the demise of the latter; and 3) distribute the same to their children who are living when Ben or Cathy die(Palermo). Analysis:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A perusal of the facts of the case reveals that Abe was not able to receive all income that is due him. He was deprived of the $10, 000 gain realized from the sale of some of his stocks worth $35, 000. He was also deprived of the $25, 000 accumulated rental income. Both income were used by Tom to build an addition to the apartment house, when what he should have done according to the clear letters of the trust is to deliver the same to Abe.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Abe was also deprived of $200 per month when Tom reduced the rent by said amount to the apartment building when Ben, an eventual beneficiary, moved in. Conclusion By not adhering to the letters of the trust instrument, Tom has in effect deprived Abe of the income that the latter is supposed to be entitled to. The trust instrument clearly directed Tom to deliver all income of the trust to Abe for life. Reference: Palermo M. (2006). Crash Course in Wills And Trusts. Electronic article   http://www.mtpalermo.com/httoc.htm

Analysing The Terrorism In Southeast Asia Tourism Essay

Analysing The Terrorism In Southeast Asia Tourism Essay Traveling has always been part of peoples lives for many centuries, in the olden days people used to travel for religious purposes, cultural, or just to explore the world out there. Frankly, tourism is defined as travelling from one place to another place or from one country to another whether it is for leisure purposes, business purposes, or other purposes. Tourism is considered as one of the fast and largest in growing, as well as industries of generating jobs around the world. Crisis and conflicts are parts of our daily lives as it always will and always have been, hence the importance of the countrys economic affected by terrorism events to a countrys tourism is undeniable, which will as well impacts the countrys political and social issues as well. For most developing countries around the world, tourism is a critical source that generates revenue and hence an important component that plays a major role in political, economical, and social development, a strong tie of relationshi p that assist in rewarding the country if there is positive condition exist on global economy. As Malaysia is one of the Southeast Asian countries, according to research the Malaysian Tourism Minister, Datuk Seri Ng Yen Yen stated that even though the year of 2009 is a year that Malaysia had its hard times, but it seemed that it was a good year for Malaysian tourism industry, contribution of RM1bil per week to the economy of the country by the industry of the Tourism Malaysia in the year of 2009, providing as well as generating employment to more than a million Malaysians making Malaysia ranks the ninth most travelled destination around the world by the United Nations World Tourism Organization (UNWTO). However what if there is a negative condition exist in Southeast Asia region which will affect countries inside that region, for example such as terrorism events orccured in the country or neighboring countries. (www.news.malaysia.msn.com) Terrorism is defined as political violence-based crisis express a kind of chaos that aims physically to destroy people whom are unprotected, while claiming themselves that they have an ideological viewpoint, simply saying terrorists are political in their aims, and they usually threaten to use violence or resort to forceful acts, their actions are usually designed, for it is beyond the immediate target of their psychological reprecussions, they are normally governed by an organization from a chain of command, which that is why they were designated as terrorism from what they have done. Terrorism events are unpredictable as these events would take place at anytime and anywhere. The effects of terrorism to a countrys economy might be terrifying, this is due to the cause of high decrease in the number of tourists that has potential in generating resources to the country as well a decrease in tourism income that will endanger a collapse in the local travel and tourism industry which affe cts and brings interruption in the tourism sectoral activities. Other than that, this impact may also lead to deflation, mass unemployment from the area that had been terrorized and people working there have to make pause in their work or be unemployed unless there is another possible job vacancy for them , homelessness where civilians staying nearby the terrorized area where they call it home might be requested to transferred from that area to another safe shelter, crime might rise as well when they countrys security is unbalance and uncontrollable, business break down and other social and economic ills. One of the areas in Asia that is fast in becoming the hot spot of terrorism acts which is the region of Southeast Asia. Southeast Asia consist of 17 countries which includes Cambodia, East Timor, Indonesia, Burma (Myanmar), Laos, Philippines, Singapore, Malaysia, Vietnam and Thailand. This is due to the very high incidence of growing and increasing piracy threat from terrorism around the area of Southeast Asia, where this is the regional area that attracts most prone on acts of piracy whereby accounting on all piracy attacks for around 50 percent worldwide. This terrorism events are aggravated by indigenous groups of terrorist in strong maritime traditions, and this terrorism acts and piracy has made Southeast Asia a concern in regional security. There are three terrorist groups that usually strikes Southeast Asia regions which has the proven capability and intentions to exercise maritime terrorism, which is The Abu Sayyaf Group (ASG), the Jemaah Islamiyah (JI) and the Gerakan Aceh M erdeka (GAM), and Abu Sayyaf Group (ASG) is the best known in its terrorism acts because of its organizational structure, how they operate their strategy, membership and how they imply for maritime security in Southeast Asia. (Maritime Terrorism In Southeast Asia, Rommel C.Banlaoi 2005, pg:1) 1.2 Problem Statements The problem is about how will the acts terrorism affect most of the tourism industry in Southeast Asia. Tourism is the most sensitive sector in Southeast Asia as well as the whole world, and terrorism has rapidly increased its impact on tourism all over the world including Southeast Asia. Terrorist picks tourism as their target because tourism is one of the countrys resource generating relationship which leads to political, social, and economical issues. Tourism will be their easy target audience due to the fact that terrorist actions will do great damage to a country by damaging the economy of that particular country in Southeast Asia through tourism, whereby the multiplier effect from the terrorism acts are high. Other than that, it will diminishes a public image of Southeast Asia through tourism that tourist dare not travel into Southeast Asia knowing that countries in it was being aimed, or tourist will feel insecure even if they traveled into that particular country affecting th roughout their whole trip as they cannot enjoy but feeling worried about their safety, or might never visit to countries located in Southeast Asia anymore. People around the world might think twice before travelling to places in Southeast Asia and this is definitely a threat to the development of Southeast Asian tourism because tourism can only be thrive under peaceful conditions (Pizam and Mansfield, 1996 : 2) and its might cause a lot of good tourism opportunities to Southeast Asia. 1.3 Research Objectives 1. Analysing the terrorism in Southeast Asia. 2. Analysing how highly will terrorism affect tourism industry in Southeast Asia. 3. Create awareness about terrorism in Southeast Asia to tourist. 4. Recommendations and suggestions in reducing and fighting against terrorism in Southeast Asia. 1.4 Research Questions What are the popular groups of terrorist available in Southeast Asia. Which country in Southeast Asia that attract most to terrorism? What are the effects of terrorism to Southeast Asia tourism? What has been done to reduce terrorism in Southeast Asia? Who will benefit when terrorism is successfully reduced? 1.5 Conceptual Framework and Theoretical Framework 1.5.1 Conceptual Framework Terrorism In Southeast Asia Individual awareness and knowledge of Terrorism. The actions done by the government and organizations. The Effects of Terrorism to the Tourism Industry in Southeast Asia. 1.5.2 Theoretical Framework This research will mostly touch on the terrorism that is rapidly increasing its impact on the tourism industry of Southeast Asia and how it actually affects the tourism industry. Moreover, Terrorism events can take place anywhere and anytime, bringing its effect that involves mostly in the Political, Economical, and Social issues as well as its consequences around the regional area that was being attacked as well as their tourism industry. In the newspapers, we can see that terrorism acts happened all around the world and we can read all about it but not all can understand the real tragic that certain countries had been through handling, solving and preventing these terrorism acts from happening again, and people might get sloppy thinking that terrorism acts like these are just another day around the world and care less about it. This will allow possible terrorism to happen again as people do not take precautions and preventions. There are many actions taken by the government around the world to reduce possible terrorism events to happen again. If these terrorism acts are not properly prevented, it will be very dangerous to the potential victims and people living in their country, as their country might be in chaos as well as tourist travelling around the world. 1.6 Importance of Significance of study This is important because, Terrorism is increasing drastically around the world and research has shown that Southeast Asia is fast in becoming the worlds hot spot for terrorism activities. Ever since what happened on September 2001, America has put focus on terrorist organization and groups that is located in Southeast Asia, which according to research particularly to countries like Indonesia, Malaysia, Philippines, Singapore as well as Thailand, and this is all because Southeast Asia is a potential base for their terrorism operations. Besides that, this research is targeted to acknowledge people around the world of how serious the importance of safety and security during a travel and how it will cause damage to countries in Southeast Asias economy, social, and political issues through tourism by targeting tourists. It is very important that people around the world trying to solve and reduce terrorist organization because if people around the world care less about that terrorism is just happening in certain areas of Southeast Asia and never do any precautions or preventions then terrorism acts are so much easier and frequent it will happen again and it will be very hard to bring them down when their organization is throughout the world. This is why actions like precautions and preventions needed to be done to reduce possibilities of terrorism from happening, because incidents like these can be prevented from happening and people doesnt need to die that way if prevention had been done. 1.7 Scope and limitations of the study This research is about the terrorism rates that is drastically increasing in Southeast Asia and it will affect the tourism industry. However, this research focuses more on terrorism than tourism. The time duration for this study is from 1995 to the year of 2009 whereby terrorism events happened. All the information used is the latest and current incidents. This research tries to cover as many angles and aspects of terrorism to create a better understanding for readers such as terrorism in Southeast Asia, terrorism effects to the tourism industry of Southeast Asia, and finally some suggestions. As terrorism events are very common in Southeast Asia, there is a lot of information regarding it. For the security and safety of the countries located in Southeast Asia and to tourist as well as they are the terrorists main aim and effects of terrorism attacks to the Southeast Asian tourism. In order to complete this research, the information can be acquired from internet, newspapers, journals, and books. Internet is the main source for the study as it provides the latest study on terrorism in Southeast Asian tourism. The internet provides all sorts of information regarding terrorism and tourism in Southeast Asia. These information are reliable as it is published by newspapers, professors and renowned researchers. Chapter 2 : Review of related literature 2.1 Terrorism in Southeast Asia Ever since the horrifying incident that happened on September 2001, Americans has put their eye on radical Islamist and terrorist organization which is active in Southeast Asia, which according to research, countries that normally has potential terrorist organization affiliated where Thailand, Philippines, Indonesia, Singapore, as well as Malaysia. The Americans had put their eye on these counties is all because Southeast Asia is a potential safe haven for terrorist organization and their operations as well. Other than that, the international terrorist organization Al Qaeda they was able to establish local Southeast Asian cells and penetrating the region, having trained Southeast Asian in their hideout camps which located in the country of Afghanistan, and cooperating as well as financing with indigenous radical Islamist groups and so far the southern Philippines and Indonesia has been fragile and easy to be penetrated by terrorist of Islamic groups. (Terrorism in Southeast Asia, by Bruce Vaughn, pg:1) Al Qaeda Al Sulbah which currently this terrorist organization was renamed as Al Qaeda Al Jihad, Al Qaeda is the twenty first century and current multinational group of terrorist consist of 3,000 to 4,000 loyal members that had extensive ties worldwide such as the group of Moro Islamic Liberation Front (MILF) located in Southeast Asia, the Salafist Group for Call and Combat located in North Africa, and the Islamic Movement of Uzbekistan (IMU) which is located in Central Asia. Most intelligents find it hard to understand the Al Qaeda, this is due to this terrorist organization works their domain in both as idealogically as well as operationally. Other than that, of all the groups and parties that Al Qaeda has established by influencing and infiltrating which is the Kumpulan Militan Malaysia located in Malaysia (KMM), the Moro Islamic Liberation Front (MILF) from the southern part of Philippines, the Jamaah Salafiyah located in the southern Thailand, as well as the Laskar Jundullah whi ch is located in Indonesia. Right after Al Qaeda penetrated into the Jemaah Islamiyah (JI) and made them associates, they divided their task of distributed areas and infrastructure, responsibilities, assigned personnel through interllectual and physical contact having Al Qaeda ideologues, operatives and trainers ideologically and physically strengthened dozens groups of Islamist terrorist, charities, political parties as well as specialized individuals in Southeast Asia regions, and they split them into territorial organizations which is named Mantiqis and it consist of four different Mantiqi, Mantiqi (M1) had their primary base located in Malaysia covering Malaysia territory, Southern Thailand as well as Singapore. Other than that, Mantiqi 2 (M2) is in charged of whole Indonesia except for Sulawesi and Kalimantan. However Mantiqi 3 (M3) is in charged of the Borneo regions which east Malaysias Sabah and Sarawak, Brunei, as well as Sulawesi and Kalimantan located in Indonesia and of cause the southern Philippine s too because they made their base in the camp of Abu Bakar which is located in Maguidanao in Philippines, and Mantiqi 4 (M4) is in charged of the country of Australia and Irian Jaya. As you can see, Al Qaeda has made Islamist networks around the Southeast Asian region from Australia to Southern Thailand. 2.2 Terrorism effects to the Tourism Industry in Southeast Asia There were explanations that why terrorist like Al Qaeda chose Southeast Asia as their operational base and target area, according to research this is because Southeast Asia are countries of convenience hence making the regional areas around a back office for their operations, and most of the countries like Thailand were transit hubs, Indonesia and Philippiness bordering controls are easy to be penetrated because Philippines didnt have any immigration computerized system in standby only until recently and Indonesian police force were corrupted enabling them to operate at ease, and Indonesia or Malaysia had lax visa requirements. For example, terrorist has made their choice to attack tourist such as bombing a tourist resort is because it obviously offered a relatively fragile target, and it will always includes large numbers of foreigners whose death will absolutely attrack the publicity by the cause of the terrorists. Tourists are better aims because they are able to generate greater publicity than only to locals whereby this sort of publicity is difficult to be suppressed and it enables terrorist in making various causes to be known and be feared worldwide. Take the island of Bali Indonesia for instance, that terrorism attacks have occured consecutively, first deadly attack was done by the terrorist group Jemaah Islamiyah (JI) which was affiliated to Al Qaeda on the massive bombing of Bali island which happened on 12th of October 2002 killing a large amount approximately 200 innocent people, mostly westerners, and police was able to indentify who was leading these suicide bombers which was two Malaysian fugitives, Azahari and Noordin. Azahari was killed during a raid, however Noordin was still on the run, during the raid police found a lot of vest-bombs, books, VCDs and a plan of bomb party for New Year and Christmas. The second attack happened on 1st of October 2005 which is also on Bali island on cafes along Kuta and Jimbaran Bay, however the second attack was lease damaging having 20 people died including 3 suicide bombers. These events were recorded by confessions of 3 suicide bombers before what happened on 1st of October 2005 and this were circulated worldwide throughout the media confessing there will be attacks again in the future. Bali had been relatively attracted to terrorist visions because if any local victims that was caught in the fire, it would most likely be Hindu instead of Muslims whereby as these events happens, it would show other religions that only being a Muslim will be safe from them. Right after what happened in 2005 Bali attack, local police found documents stated why terrorist choose Bali, whereas the answer would be, because this is the attack that will impact globally that everyone in the world gets the massage the attacks are for the United States and its allies when this attack is covered by media worldwide which turns out to be an accurate prediction from those terrorist since media can travel fast throughout the world right after Bali was attacked. Bali is renowned throughout the whole world, and its even more famous than Indonesia itself despite that it is just an island in Indon esia. This has made the government of Australia end up worried about their fellow citizens and issued several travel warnings as well as leading to declining in visitor arrivals. At first Indonesia thought their tourism industry was so strong that it would not be affected but at the very end because of combination of several travel warnings and televised confessions from the suicide bombers their population of tourist decreased drastically. Apart of knowing that Noordin was still out there, ongoing coverage of possible further terrorist attacks travel warnings and the hunt for terrorists from Australians and Asian media has caused fear upon people around the world and it is obvious that this frightens potential tourist away. In the year of 2005 right after the bombing incidents, hotel occupancy in Bali during the New Year and Christmas period drop below 40 percent as this should the busiest and fully occupied times of the year in Bali due to the awareness of global terrorist threat. Other than that, in year 2006 it was a huge downturn and occupancy dropped to 30 percent. In addition, at the same year on the 24th of November, the Bali-based and renowned airline Air Paradise International (API) was forced to terminate 350 of its employees and some were Australian employees, this happened to Garuda Indonesia as well whereby they reduce their flights between Japan and Bali from 22 to 16 per week and Australia and Bali from 32 to 25 per week because the highest drop of demand in passenger was Japan and Australia. This causes overall arrivals to Bali dropped more than 50 percent from approximately 4,500 a day to 2,000 a day right after the bombings in year 2005. These attacks might have impacted fear to westerners, however in this process it caused great damage not just to the Indonesian tourism industry, but to their economics issues, social issues, and political issues as well. In research, it had shown that Balis tourism sector on year 2005 is far worse than what happen ed on year 2002 tourism when deaths casualties in high difference that only 20 died in year 2005 and 200 died in 2002. It might be a possible explaination that, the first attack on 2002 has gathered investigators and support in restoring Balis image as a safe travel destination from international community by helping to speed up the investigation, however the second attack on 2005 has brought up a perception to the whole world that this terrorist attacks could be frequent and it is obviously dangerous to travel to Bali. This shows that terrorism acts are so influential throughout Southeast Asia and how it can destroy and make fear but even to a countrys economy by destroying a countrys tourism industry yet able to achieve their goal in passing the message to westerners. Since most of the frequent terrorist attacks are situated mostly in Southeast Asia. This causes a deep impact to tourism industries in Southeast Asia when people around the world knowing these events can be happen so frequently and knowing it is so dangerous travelling to Southeast Asia. 2.3 Suggestions and recommendations In order to reduce terrorism in Southeast Asia, countries which are in the regional area should form enough intel organization to fight against terrorism that is affecting tourism industry in Southeast Asia. For example, when people was acknowledged that terrorist attacks was somewhere near their country but not their country and they would care less about it knowing their own country is safe, but what if that happens to their country and its all the same, it is so much better to work together in fighting against terrorism together, it will be harder for terrorist organization to act when they were all pinned down. Eventually when there are no terrorist threats, the numbers of tourist will rise cause people feels safe and it will aid a lot in the countrys economy by raising the number of tourist into the country as tourists are potential money generators and to be able to have a flourished economy in a country, tourism industry plays a major roles in saving a countrys economy. Chapter 3 Research Methodology In order to proceed this topic, I have to find out suitable methods to collect data resources. I have chosen to use qualitative method, which can be defined as a method of research that is nonnumeric and by analyzing the research with subjective meanings and providing real perceptions onto the findings. It is much more reliant upon, that information and data can be acquired in books and can be defined easier by just reading and understanding it.

Audiovisual Translation Avt

Audiovisual Translation Avt What is audiovisual translation. Audiovisual translation is defined as the translation of recorded audiovisual material (Karamitroglou, 2000, p. 2). The concept of recordedness underlines the fact that there is a difference between the translation of recorded film products and the simultaneous subtitling or revoicing which should be regarded as a type of interpretation (Karamitroglou, 2000). AVT is also known as screen translation or film translation. Screen translation stresses on the location of the medium where the translation product appears (e.g., TV, cinema or video screen). On this basis, the translation of websites which can be viewed on computer monitors is considered as a type of screen translation. Film translation, on the other hand, is a restricted term due to some researchers who limit the term film to full-length feature films; namely, movies and sometimes only cinema movies. According to this view, the concept of film does not include series, sports programs and docum entaries. In AVT, the audio and visual aspects of communication are focused (Karamitroglou, 2000). Unlike books, radio, telephone or sign language which only use one semiotic channel, audiovisual communication benefits simultaneously from both the acoustic channel through air vibrations and the visual channel through light waves (Delabastita, 1989). 1.2. Translation theory and AVT The consideration of AVT as a subfield of translation Studies may lead to raise a number of questions. Oshea (1996) distinguishes between AVT and (written) literary translation as the main objective of general translation theory because of a set of limitations which root in the audio-visual nature of the target and original products. These limitations can be considered as: a) temporal constraints in revoicing, b) spatiotemporal constraints in subtitling, c) the accompanying visual source-culture elements in both revoicing and subtitling, d) the accompanying aural source-language elements in subtitling, e) the lip-sync imperative in dubbing, f) the cross semiotic nature of subtitling, and g) the inability of backtracking (with the exception of video) in both subtitling and revoicing (p. 240). These parameters may result in the consideration of audiovisual translation as adaptation rather than translation (Delabastita, 1989). What makes translation vs. adaptation a problematic issue is not merely a property of audiovisual translation; in fact, quite a few translated or adapted texts have raised the same issue within the field of literary translation (Delabastita, 1989). What plays a pivotal role in this case is the attitude we choose in defining the term translation. Considering Tourys definition of translation as any target-language utterance which is presented or regarded as such within the target culture, on whatever grounds (1985, p. 20), we can freely include AVT as a part of translation studies. Karamitroglou (2000) presents the following set of reasons to emphasize on the inclusion of AVT as a part of translation studies: a) Audiovisual translation has more in common with written translation than one might primarily assume (Whitman-Linsen, 1992:103). Most audiovisual translations at the present time are performed with a written form of the original source text in hand (cf. Remael, 1995:128), sometimes even without any further access to the film product itself. b) Typological studies in audiovisual translation have previously managed to present the various audiovisual language transfer methods within the general frame of translation studies and along with the other traditional language transfer methods, in a coherent and scientific way, on the basis of the multiplicity of the semiotic channels involved and the relative time of presentation of the source and target products (Gottlieb, 1994b:271; Gottlieb, 1998:246; cf. Delabastita, 1989:199). Other studies in audiovisual translation have revealed connections between certain audiovisual language transfer methods and established concepts from general translation theory, as for example with subtitling and overt translation (Ascheid, 1997:35). c) Audiovisual translation was born out of the same drive that conducted literary translation: the necessity to overcome the communication barriers imposed by linguistic fragmentation (Luyken et al., 1991:3). d) Just as it is the discovery of the hierarchy of factors (constraints, parameters) which operate in translation processes, procedures and products which constitutes a major task for translation theory (Even-Zohar Toury, 1981:ix), the discovery of a similar chain of the factors that function within audiovisual translation is also the task of audiovisual translation theory. (p. 11) 1.3. Branches of AVT A quite number of various taxonomies have been made for AVT among which the one prepared by Luyken et al. (1991) is known as the most outstanding. His suggested subfields for AVT are as follow: a) lip-sync dubbing, b) voice-over/narration, and c) free-commentary. (p. 40) Gambier (1994) also presents the following audiovisual language transfer methods: a) subtitling, b) simultaneous subtitling, c) dubbing, d) interpreting (pre-recorded and consecutive), e) voice-over, f) narration, g) commentary, h) multilingual broadcast, i) surtitles and supratitles/supertitles, and j) simultaneous translation. (p. 277) 1.4. Subtitling Subtitling can be defined as the translation of the spoken (or written) source text of an audiovisual product into a written target text which is added onto the images of the original product, usually at the bottom of the screen (Gottlieb, 1994a; Gottlieb, 1998: Luyken et al., 1991; Delabastita, 1989; qtd. by Karamitroglou, 2000, p. 5). It can be both intralingual (or vertical), when the target language and the source language are the same, and interlingual (or diagonal), when the target language and the source language are different (Gottlieb, 1994; Gottlieb, 1998; qtd. by Karamitroglo, 2000). Subtitles can be open, when the target text constitutes a physical part of the translated film and is transmitted in addition to the film sound and image, or closed, when the target text is stored in a digital/teletext format which is transmitted in as well as accessed via a separately coded channel at the discretion of the viewers (Luyken et al., 1991; Gottlieb, 1998; qtd. by Karamitroglou, 2000). Subtitles are different from displays which are fragments of text recorded by camera letters, newspapers, headlines, banners etc. (Gottlieb, 1994a; qtd. by Karamitroglou, 2000) or captions (or toptitles) which are pieces of textual information usually inserted by the programme maker to identify names, places or dates relevant to the story line (Luyken et al., 1991; cf. Gottlieb, 1994a; qtd. by Karamitroglou, 2000, p. 5). In this thesis, subtitling refers to interlingual open subtitling which does not include displays or captions. 1.5. The concept of metaphor Metaphor is a trope based on which one thing is spoken of as if it is another thing. It is the permanent feature of language. The ability to understand and produce metaphor is the characteristic of mature linguistic competence so that metaphors are used in intelligence test or to evaluate creativity. Metaphor is basically used to state the experiences and concepts that literal language does not seem to be sufficient for their expression. Therefore, it happens to increase the range of articulation in language. Metaphor can refer to a novel and at the same time amazing use in language (e.g., He slept off the fumes of vanity). I van also refer to the frequently-used terms in the form of conventional metaphors (e.g., I see as I understand); or completely known dead metaphors (e.g., to grasp a concept). Whether occupied with metaphors novel or commonplace, theorists of language and of cognition have come to recognize that no understanding of language and linguistic capacities is complete without an adequate account of metaphor (Asher, R. E., 1994, p. 2452). 1.6. Purpose of metaphor The most important rhetorical function of metaphor is to stimulate imagination, to arose feelings and to prompt action (Elliot, 1984). Metaphors are applied to beautify the ordinary language and to increase the effect of language use. Moreover, they express our intended concept in a more subtle way. In this case, metaphors highlight a particular feature of a phenomenon while leaving out other aspects in a way that we look at the phenomenon in hand form a certain angle. For example, in Life is a stage we merely look at life as a stage regardless of its other features like sorrow, pain and the like. Newmark (1981) believes that the main and one serious purpose of metaphor is to describe an entity, event or quality more comprehensively and concisely and in a more complex way than is possible by using literal language. The process is initially emotive, since by referring to one object in terms of another (a wooden face, starry-eyed), one appears to be telling a lie; original metaphors are often dramatic and shocking in effect, and , since they establish points of similarity between one object and another without explicitly stating what these resemblances are, they appear to be imprecise if not inaccurate, since they have indeterminate and undeterminable frontiers. (p. 84) Newmark (1981) states that I have never seen this purpose of metaphor stated in any textbook, dictionary or encyclopedia. The issue is clouded by the idea of metaphor as an ornament, as a figure of speech, or trope, as the process of implying a resemblance between one object and another, as a poetic device. Further linguists assume that scientific or technological texts will contain mainly literal language, illustrated by an occasional simile(a more cautious form of metaphor), whilst the purpose of metaphor is merely to live up other types of text, to make them more colourful, dramatic and witty, notoriously in journalism. All emotive expression depends on metaphor, being mainly figurative language tempered by psychological terms. If metaphor is used for the purpose of colouring language (rather than sharpening it in order to describe the life of the world or the mind more accurately), it cannot be taken all that seriously. ( p. 84) 1.7. Definition of metaphor The term metaphor roots in the Greek word metaphora which includes two parts: meta meaning over and pherein meaning to carry. It refers to a particular set of linguistic processes whereby aspects of one object are carried over or transferred to another object, so that the second object is spoken of as if it were the first (Terence Hawkes, 1972, p. 1). The earliest definition of metaphor had been presented by Aristotles The Poetics- quoted by I. A. Richards (1965) as a shift carrying over a word from its normal use to a new one (p. 89). As it can be viewed, this definition is so broad that can contain other figures of speech such as allegory, synecdoche, metonymy and the like. Most dictionaries refer to metaphor as a way of expressing something through the establishment of a comparison between that thing and another thing and without using the words like or as. The Concise Oxford Dictionary (COD) defines metaphor as the application of a name or a descriptive term or a phrase to an object or action to which it is not literally applicable (e.g., a glaring error, and food for thought). The Longman Dictionary of Contemporary English defines the metaphor as a way of describing something by comparing it to something else that has similar qualities without using the words like or as (e.g., the sunshine of her smile). In brief, metaphor as a figure of speech belongs to rhetoric. It helps us to use a word, which denotes a certain meaning, figuratively to refer to another meaning. This is basically done through a likeness or analogy between two things. Other definitions of metaphor taken from the Purdue Universitys OWL (1995) include: The act of giving a thing a name that belongs to something else. The transferring of things and words from their proper significance to an improper similitude for the sake of beauty necessity, polish, or emphasis. A device for seeing something in terms of something else. Understanding and experiencing one thing in terms of another. A simile contracted to its smallest dimensions. 1.8. Structure of metaphors In the view of I. A. Rechards (1936; qtd. in Wikipedia), metaphor has two parts: the tenor and vehicle. The tenor is the subject to which attributes are assigned. The vehicle is the subject from which the attributes are borrowed. Other writers use the general terms ground and figure to denote what Richards identified as the tenor and vehicle. In All the worlds a stage, and all the men and women merely players, the phrases the world and men and women are respectively tenor and vehicle. Larson (1998) believes that metaphor is a figure of speech which is based on a comparison. Accordingly, he states that metaphor is a grammatical form which presents two propositions in its semantic structure. Each proposition includes a topic and a comment about that topic. In John is tall, John is topic and is tall is comment. Translating a metaphor is highly dependent on analyzing that metaphor and discovering the two propositions in its semantic structure. The relation between two propositions is comparison which can be detected in the comments of two propositions. Comments may be alike or identical. In John is a beam pole, the two propositions in the semantic structure can be discussed as follow: 1. John is tall 2. A beam pole is tall. Here, the topic of the first propositions compared with the topic of the second. Comments are identical. The topic in the second propositions often called image. The point of similarity exists in the comments. Therefore, metaphor has four parts (see Beekman and Callow 1974 for more discussion): Topic: the topic of the first proposition (nonfigurative), i.e., the thing really being talked about. Image: the topic of the second proposition (figurative), i.e., what it is being compared with. Point of similarity: found in the comments of the both of the propositions involved or the comment of the EVENT proposition which has the image as the topic. Nonfigurative equivalent: when the proposition containing the topic is an EVENT proposition, the COMMENT is the nonfigurative equivalent. According to the above-mentioned points, the propositions in The moon is blood are as follows: 1. The moon is red. 2. The blood is red. An analysis on these propositions can lead us to the following results: Topic: moon Image: blood Point of similarity: red In The righteous judge will give you the crown of life, the metaphor includes a sentence which is encoding an event proposition. Hence, four parts should be discovered here: 1. (The officials) give (the victorious athlete) a crown. 2. (God), who judges righteously, will give you (eternal life). Topic: God who judges righteously Image: officials Point of similarity: receive a reward for doing well Nonfigurative meaning: will give you eternal life What looks helpful in analyzing metaphors is to write down the propositions which make a vital role in the comparison. It includes topic, image, point of similarity and nonfigurative meaning (in case of Event Propositions). In fact, an adequate translation is only possible when the above points have been clearly discovered. Besides the up-coming view, Newmark (1981) has also considered the following parts in the structure of a metaphor: a) Object that is, the item which is explained by the metaphor (Refered to by Beekman and Callow (1974) as topic). b) Image that is, the item in terms of which the object is explained (Richards vehicle). c) Sense that is, Richards tenor, Beekman and Callows point of similarity, which illustrates in what particular aspects the object and the image are similar. d) Metaphor the word(s) taken from the image. e) Metonym a one-word image which places the object, which may later turn into a dead metaphor, e.g. the fin of a motor cycle. In many cases, a metonym is figurative but not metaphorical, since the image distinguishes an outstanding feature of the object. It may also be a synecdoche (the seven seas is the whole world) which the translator may have to clarify within the text, and would normalize. (p. 85) 1.9. Types of metaphor Metaphors have been taxonomized in different ways. A more commonly identified taxonomy of metaphors is as follow (Wikipedia): a) A dead metaphor is one in which the sense of a transferred image is not present. Examples: to grasp a concept or to gathered what youve understood Both of these phrases use a physical action as a metaphor for understanding (itself a metaphor0, but in none of these cases do most people of English actually visualize the physical action. Dead metaphors, by definition, normally go unnoticed. Some people make a distinction between a dead metaphor whose origin most speakers are entirely unaware of (such as to understand meaning to get underneath a concept), and a dormant metaphor, whose metaphorical character people are aware of but rarely think about (such as to break the ice). Others, however, use dead metaphor for both of these concepts, and use it more generally as a way of describing metaphorical cliche. b) An extended metaphor, or conceit, sets up a principal subject with several subsidiary subjects or comparisons. The above quote from As You Like It is a very good example. The world is described as a stage and then men and women are subsidiary subjects that are further described in the same context. c) A mixed metaphor is one that leaps from one identification to a second identification that is inconsistent with the first one. Example: He stepped up to the plate and grabbed the ball by the horns, where two commonly used metaphoric grounds for highlighting the concept of taking action are confused to create a nonsensical image. The following is another less common classification of metaphors which is not universally accepted (Wikipedia): a) An absolute or paralogical metaphor (sometimes called an anti-metaphor) is one in which there is no discernible point of resemblance between the idea and the image. Example: The couch is the autobahn of the living room. b) An active metaphor is one which by contrast to a dead metaphor, is not part of daily language and is noticeable as a metaphor. c) A complex metaphor is one which mounts one identification on another. Example: That throws some light on the question. Throwing light is a metaphor and there is no actual light. d) A compound or loose metaphor is one that catches the mind with several points of similarity. Examples: He has the wild stags foot. This phrase suggests grace and speed as well as daring. e) A dying metaphor is a derogatory term coined by George Orwell in his essay Politics and the English Language. Orwell defines a dying metaphor as a metaphor that is not dead (dead metaphors are different, as they are treated like ordinary words), but has been worn out and is used because it saves people the trouble of inventing an original phrase for themselves. In short, a clichà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¦Ã‚ ¡. Example: Achilles heel. Orwell suggests that writers scan their work for such dying forms that they have seen regularly before in print and replace them with alternative language patterns. f) An epic metaphor or Homeric simile is an extended metaphor containing details about the vehicle that are not, in fact, necessary for the metaphoric purpose. This can be extended to humorous lengths, for instance: This is a crisis. A large crisis. In fact, if youve got a moment, its a twelve-story crisis with a magnificent entrance hall, carpeting throughout, 24-hour porterage and an enormous sign on the roof saying This Is a Large Crisis.'(Blackadder) g) An implicit metaphor is one in which the tenor is not specified but implied. Example: Shut your trap! Here, the mouth of the listener is the unspecified tenor. h) An implied or unstated metaphor is a metaphor not explicitly stated or obvious that compares two things by using adjectives that commonly describe one thing, but are used to describe another comparing the two. An example: Golden baked skin, comparing bakery goods to skin or green blades of nausea, comparing green grass to the pallor of a nausea-stic person or leafy golden sunset comparing the sunset to a tree in the fall. i) A simple or tight metaphor is one in which there is but one point of resemblance between the tenor and vehicle. Example: Cool it. In this example, the vehicle, Cool, is a temperature and nothing else, so the tenor, it, can only be grounded to the vehicle by one attribute. j) A submerged metaphor is one in which the vehicle is implied, or indicated by one aspect. Example: my winged thought. Here, the audience must supply the image of the bird. k) A synecdochic metaphor is a trope that is both a metaphor and a synecdoche in which a small part of something is chosen to represent the whole so as to highlight certain elements of the whole. For example a pair of ragged claws represents a crab in T.S. Eliots The Love song of J. Alfred Prufrock. Describing the crab in this way gives it the attributes of sharpness and savagery normally associated with claws. Black (1962a) believes that the only entrenched classification is grounded in the trite opposition between dead and live metaphors. On this basis, he asserts that this is no more helpful than, say, treating a corpse as a special case of a person: A so- called dead metaphor is not a metaphor at all, but merely an expression that no longer has a pregnant metaphorical use. His classification of metaphors is as follow: 1. Extinct metaphors whose etymologies, genuine or fanciedÃÆ' ¿propose a metaphor beyond resuscitation (a muscle as a little mouse, musculus) 2. Dormant metaphors where the original, now usually unnoticed, metaphor can be usefully restored (obligation as involving some kind of bondage) 3. Active metaphors that are, and are perceived to be, actively metaphoric (p. 25) Black (1962a) also distinguishes between two types of active metaphor: an emphatic metaphor whose producer will allow no variation upon or substitute for the words used, and a resonant metaphor which supports a high degree of implicative elaboration. (p. 26) Newmark (1988) considers the following six types of metaphors in his suggested taxonomy: a) Dead metaphor which frequently relates to universal terms of space and time, the main part of the body, general ecological features and the main human activities. Dead metaphors have lost their figurative value through overuse and their images are hardly evident (e.g., reflect as think and shine as excel). b) Clichà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¦Ã‚ ¡ metaphor is usually known to be a murky area between dead and stock metaphor which consists of two types of stereotyped collocations; figurative adjective plus literal noun (simplex metaphor), as in filthy lucre; or figurative verb plus figurative noun (complex metaphor), as in explore all avenues, leave no stone unturned, and stick out a mile. This type of metaphor has outlived its usefulness, and is used as a substitute for clear thought, often emotively, but without corresponding to the facts of the matter. c) Stock or standard metaphor is an established metaphor, which in an informal context is an efficient and concise method of covering a physical and/or mental situation both referentially and pragmatically. Unlike dead metaphors, a stock metaphor is not deadened by overuse. Examples of this kind of metaphor include: she wears the trousers and he plays second fiddle. d) Adapted metaphor usually includes proverbs or is actually a stock metaphor that has been adapted into a new context by its speaker or writer (e.g., almost carrying coals to Newcastle). e) Recent metaphor is produced through coining and spreads rapidly in the source language (e.g., pissed as drunk, fuzz as police, spastic as stupid, skin as bankrupt, and greenback as note). f) Original metaphor is created or quoted by the SL writer, and in the broad sense, contains the core of an important writers message, his personality, his comment on life. Examples are lets weight the night of a village, the slumber of a gazelle, and I can hear the clear sound of solitude, opening and closing its window, and where the Norweyen banners flout the sky, and fan our people cold. (p. 106-112) 1.10. How to interpret metaphors Larson (1998) believes that understanding metaphors is not always an easy task. A literal or word-for-word translation of metaphors in target language may lead to a partial or complete misunderstanding on the part of readers. On this ground, he presents a number of reasons to emphasize on the fact that the translation of metaphors is not always an easy task and literal translation of metaphors, in some cases, might not be the adequate one. These reasons are as follows: First, there is a possibility that the image of metaphor is unknown in the receptor language. For example, I washed my clothes snow white might be meaningless in some parts of the South Pacific because people in these religions have no idea about snow; instead, the images in seashell white or bone white are quite comprehensible for these people. Lack of clearance over the topic of a metaphor may result in some problems for readers. In The tide turned against the government, the phrase public opinion has been left implicit and hence is kind of vague for readers. The hardness in understanding metaphors may be due to the implicit concept of the point of similarity. For example, the point of similarity is uncertain in a sentence like He is a pig.A reference to pig may connotes different concepts such as dirty, gluttony, stubborn and the like in different cultures. An even more serious problem is that the point of similarity may be understood in two cultures in two entirely different ways so that one certain image may be used with different meanings. In different cultures, a sentence like John is a rock may convey different meanings such as He is still, He cant talk, He is always there or He is very strong. Linking a person to ship may raise a wide variety of images in different cultures (e.g., long-haired man, a drunkard, a person who doesnt answer back, one who just follow without thinking and a young fellow waiting for girls to follow him). Therefore, it can be concluded that a literal translation for He is a ship without determining the point of similarity will be misleading in the second language. On the other hand, the comparison in Target Language (TL) may be done in a different way compared to that of Source Language (SL). For example, despite of the SL metaphor in There was a storm in the national parliament yesterday, storm may have never been used in the receptor language to speak of a heated debate. Keeping this metaphor in the translation, we will have no choice but to replace the image of the SL metaphor (a storm at sea) with a familiar equivalent image for TL readers (e.g., fire to refer to heated debate). Languages differ in how they produce metaphors and how often they use them. If the production of new metaphors is a common issue in a language, it is possible to create new metaphors when translating to that language. However, one should be assured that the newly-made metaphor will be practical in the receptor language. There are other languages, as well, with a very low frequencyin producing metaphors. For such languages, direct translation of SL metaphors may result in the hardness of understanding on the part of SL readers. In languages with high frequency of metaphor usage, most images have already had metaphorical meanings. Therefore, using an image in a different way in the Source Text may cause misunderstanding due to its difference with the accepted common image in the receptor language. For Example, the literal translation of John is a rock when it means He is severe in the SL and he has hard muscles in the TL will only make wrong meaning. 1.11. How to translate metaphors The translation of metaphors has always been focused by translation experts and linguists due to The problems in the way of understanding and interpreting metaphors and their direct influence on translating this figure of speech. Accordingly, Larson (1998) suggests the following strategies for translating metaphors: 1. The metaphor may be kept if the receptor language permits (that is, if it sounds natural and is understood correctly by the readers) 2. A metaphor may be translated as a simile (adding like or as) 3. A metaphor of the receptor language which has the same meaning may be substituted 4. The metaphor may be kept and the meaning explained (that is, the topic and/or point of similarity may be added) 5. The meaning of the metaphor may be translated without keeping the metaphorical imagery (p. 277-279) Newmark (1988b) has also presented seven strategies to translate metaphors. These strategies which could won the attention of language and translation experts and later will be focused in this thesis to process its data are as follows: 1. Reproducing the same image in the TL 2. Replacing the image in the SL with a standard TL image which does not clash with the TL culture 3. Translation of metaphor by simile, retaining the image 4. Translation of metaphor (or simile) by simile plus sense, or occasionally metaphor plus sense 5. Conversion of metaphor to sense 6. Deletion. If the metaphor is redundant or serves no practical purpose, there is a case for its deletion, together with its sense component 7. Translation of metaphor by the same metaphor combined with sense. The addition of a gloss or an explanation by the translator is to ensure that the metaphor will be understood (p. 107) 1.12. Rationale of this study Cinema is considered as one of the most influential media in the field of culture. What gives cinema such a high status is not merely due to its great potential in entertaining its audience. It is a medium which sends rather important messages to the people of a community or peoples in different communities. These messages can cover a wide range of issues including science, imagination, religion, morality, culture and the like. On the other hand, language is known to be among the most outstanding ways of transferring such messages particularly in the field of culture. Thus, the study of subtitling metaphors in cinema movies could be significant in different ways. Metaphors have been long regarded as cases of untranslatability. This is mostly due to their unique structure based on which one cannot guess the meaning of a metaphor from its constituent parts. So the matter of subtitling metaphors turns to reveal unique features and constraints. Another outstanding point about the translation of metaphors is in regard with their role as the key cultural components in language. Metaphors root in the culture of a nation so th