Saturday, May 23, 2020

Did Hector Kill Ajax in the Trojan War

In the Warner Bros. movie Troy, Ajax sees Achilles dashing madly ahead of the rest of the Greeks to land on the shores of Troy. This impels him to push his own men harder, to row faster. A big man, Ajax does his share of hacking away at the enemy until Hector kills him. The legend of Ajax is different. Ajax was the son of the king of Salamis, Telamon. As a suitor of Helen, Ajax had been obligated by the oath of Tyndareus to fight for the return of Helen to Menelaus. He fulfilled his obligation by leading twelve ships with troops from Salamis to Troy. There he fought in single combat against Hector, but he was not slain. Instead, Hector and Ajax exchanged gifts. Hector gave Ajax his sword and Ajax gave Hector his belt. It was by this belt that Achilles dragged Hector through the dirt. After Achilles was killed, his armor was awarded to the Greek thought most heroic. Ajax thought that with Achilles dead, the prize should have been his. Instead, the prize was awarded to Odysseus. Ajax went mad and tried to kill Odysseus and other Greeks. Athena intervened and made him see Greeks where there were really cattle. When Ajax recovered, he was mortified by his deeds, although still aggrieved by the slight, and so killed himself using the sword Hector had given him.

Monday, May 18, 2020

Definition and Examples of False Analogies

The fallacy,  or false analogy, is an argument  based on misleading, superficial, or implausible comparisons. It is also known as a  faulty analogy, weak analogy, wrongful comparison,  metaphor as argument, and analogical fallacy. The term comes from the Latin word  fallacia, meaning deception, deceit, trick, or artifice The analogical fallacy consists of supposing that things which are similar in one respect must be similar in others. It draws a comparison on the basis of what is known, and proceeds to assume that the unknown parts must also be similar, says Madsen Pirie, author of How to Win Every Argument. Analogies are commonly used for illustrative purposes to make a complex process or idea easier to understand. Analogies become false or faulty  when they are overextended or presented as conclusive proof. Commentary There are seven windows given to animals in the domicile of the head: two nostrils, two eyes, two ears, and a mouth...From this and many other similarities in Nature, too tedious to enumerate, we gather that the number of planets must necessarily be seven. – Francesco Sizzi, 17th-century Italian astronomer [F]alse analogy is central to jokes whose humour derives from ill-judged comparisons, as in the old joke where a mad scientist builds a rocket to the sun but plans to embark at night to avoid being cremated. Here a false analogy is created between the sun and a light bulb, suggesting that when the sun is not shining it is not turned on, and hence, not hot. – Tony Veale, Computability as a Test on Linguistic Theories, in Cognitive Linguistics: Current Applications and Future Perspectives, ed. by Gitte Kristiansen et al. Mouton de Gruyter, 2006 When you find yourself reasoning by analogy, ask yourself two questions: (1) are the basic similarities greater and more significant than the obvious differences? and (2) am I over-relying on surface similarities and ignoring more essential differences? – David Rosenwasser and Jill Stephen, Writing Analytically, 6th ed. Wadsworth, 2012 The Age of False Analogies We are living in the age of the false, and often shameless, analogy. A slick advertising campaign compares the politicians working to dismantle Social Security to Franklin D. Roosevelt. In a new documentary, Enron: The Smartest Guys in the Room, Kenneth Lay compares attacks on his company to the terrorist attacks on the United States. Intentionally misleading comparisons are becoming the dominant mode of public discourse... The power of an analogy is that it can persuade people to transfer the feeling of certainty they have about one subject to another subject about which they may not have formed an opinion. But analogies are often undependable. Their weakness is that they rely on the dubious principle that, as one logic textbook puts it, because two things are similar in some respects they are similar in some other respects. An error-producing fallacy of weak analogy results when relevant differences outweigh relevant similarities. – Adam Cohen, An SAT Without Analogies Is Like: (A) A Confused Citizenry... The New York Times, March 13, 2005 The Mind-As-Computer Metaphor The mind-as-computer metaphor helped [psychologists] to focus attention on questions of how the mind accomplishes various perceptual and cognitive tasks. The field of cognitive science grew up around such questions. However, the  mind-as-computer metaphor  drew attention away from questions of evolution... creativity, social interaction, sexuality, family life, culture, status, money, power... As long as you ignore most of human life, the computer metaphor is terrific. Computers are human artifacts  designed to fulfill human needs, such as increasing the value of Microsoft stock. They are not autonomous entities that evolved to  survive and reproduce. This makes the computer metaphor very poor at helping psychologists to identify mental adaptations that evolved through natural and sexual selection. – Geoffrey Miller, 2000; quoted by Margaret Ann Boden in Mind as Machine: A History of Cognitive Science. Oxford University Press, 2006 The Darker Side of False Analogies A false analogy occurs when the two things compared are not similar enough to warrant the comparison. Particularly common are inappropriate World War II analogies to Hitlers Nazi regime. For example, the Internet has more than 800,000 hits for the analogy animal Auschwitz, which compares the treatment of animals to the treatment of Jews, gays and other groups during the Nazi era. Arguably, the treatment of animals is terrible in some cases, but it is arguably different in degree and kind from what happened in Nazi Germany. – Clella Jaffe, Public Speaking: Concepts and Skills for a Diverse Society, 6th ed. Wadsworth, 2010 The Lighter Side of False Analogies Next, I said, in a carefully controlled tone, we will discuss False Analogy. Here is an example: Students should be allowed to look at their textbooks during examinations. After all, surgeons have X-rays to guide them during an operation, lawyers have briefs to guide them during a trial, carpenters have blueprints to guide them when they are building a house. Why, then, shouldn’t students be allowed to look at their textbooks during an examination? There now, [Polly] said enthusiastically, is the most marvy idea I’ve heard in years. Polly, I said testily, the argument is all wrong. Doctors, lawyers, and carpenters aren’t taking a test to see how much they have learned, but students are. The situations are altogether different, and you can’t make an analogy between them. I still think it’s a good idea, said Polly. Nuts, I muttered. – Max Shulman, The Many Loves of Dobie Gillis. Doubleday, 1951

Tuesday, May 12, 2020

Fitness Work The Health Care Crisis - 820 Words

Fitness Work! will serve a suburban area in Melbourne ,Australia, where many of upper middle class people live. Our goal is to help them to become more productive, while lowering their overall costs with innovative wellness programs. Our business is based on two simple facts; healthy employees are more productive than chronically ill employees and it costs less to prevent injuries or illnesses than to treat them after they occur. At Fitness Work!, we tie worker productivity directly to the health care issue. We believe that traditional approaches to the current health care crisis are misdirected. These traditional efforts are what we call â€Å"reactive†; which mean that they wait until after the worker has been stricken with illness or†¦show more content†¦We feel the time is right for Fitness Work!. 2. Strategic Focus and Plan This portion of our marketing plan focuses on the strategic planning of Fitness Work! to make it a successful business. There are three areas that we will talk about: mission statement, economic and non-economic goals, and competitive advantage. Mission Statement: To help people live healthy and enrich their daily life. Goals: Economic: 1.To break-even in profits versus losses within the first 3-4 years of business. 2. In six years, achieve a 20%-28% profit from the services we provide. 3. Each year, increase market share in 3% in a constant rate. 4. Lower the expense cost after five years operation. Non-economic: 1.Within six years, expand our services to physic therapy, spa treatment and indoor snowboarding and skiing if possible. 2. To enlarge demand outside of business contract with companies and individual membership. 3. Make available more services and extend business to every community. Be the largest indoor super gym complex in the Melbourne 4. Within fifteen years, expand Fitness Work! business to the ten largest cities in the Australia. 5. Provide the highest quality services at a reasonable price to every people. Competitive Advantage Fitness Work!’s main competitive advantage is the wide range health services at a reasonable price. The gym offers a lot of support services for people who need to socialize or have fun after exercises,

Wednesday, May 6, 2020

The Body, Meaning and Symbols in Medical Anthropology Essay

In the course of the study of medicine from an anthropological perspective, there are several themes which are repeatedly encountered. These include the body and its representation, meaning and a person’s response to that meaning, and finally, the symbolic images which construct and shape both meaning and the bodily representation. Each of these themes are addressed throughout medical anthropological texts, and are connected to and build on each other in a variety of ways. The body is the site of medicine, because the body is the site of all cultural practices. As Byron Good states, â€Å"medicine formulates the human body and disease in a culturally distinctive fashion†. (Good, 65) It is the cultural fashion of western medicine to†¦show more content†¦Comaroff tells us, â€Å"nationality, culture and physical type are condensed into the language that...would mature into scientific racism† which would â€Å"imprint the physical contours of stereotyp ic others on the European imagination–and, with them, a host of derogatory associations†. (Comaroff, 309) In turn these associations further objectified the alien African body to the European. Comaroff explains, â€Å"As an object of European speculation, ‘Africans’ personified suffering and degeneracy, their environment a hothouse of fever and affliction.† (Comaroff, 305-306). Thus bodily perception shaped the meaning of the body, and the meaning attached to the body further reinforced bodily perceptions. This self-reinforcing loop of perception and meaning allowed for the European to justify imperialism with the concept of the white man’s burden to advance the supposedly lower races using â€Å"the mutually sustaining regimes of science and empire.† (Comaroff, 306) Comaroff’s essay demonstrates how the meaning we attach to the body contributes how we see it. In fact, meaning plays an important role in both bodily perceptio n and medicine as a whole. Consider, for example, the research elucidated by Daniel Moerman on a cultural phenomenon he defines as â€Å"the physiological or psychological effects of meaning in the treatment of illness†, or as he calls it, â€Å"the meaning response† (Moerman, 77). With examples of surgical placebos such as transmyocardial revascularization,Show MoreRelatedMedical Antropology Essay889 Words   |  4 PagesMedical anthropology addresses the symbolic, narrative, and ethical dimension of healing, medicine and medical technology in many ways. 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It refers to the subject matter (as in a topic of focus) as well as those people who are ‘subjected’ to the argument. In this sense, as a question of rhetoric and persuasion, the idea of authenticity isRead MoreCultural Anthropology6441 Words   |  26 PagesAnthropology 1A03 Exam Review Week 7 Monday October 18-Thursday October 21 â€Å"Expressive Culture† (Miller Text Chapter 11) Expressive Culture October 18: Expressive Culture is: Behaviour and beliefs related to art, leisure, and play. - linked to other cultural domains such as: Exchange: pot latching art and dance, Bodily modification. Decorations, tattoos Religion: clothing, practices, etc. What is Art? Art is application of imagination, skill and style to matters movement, and soundRead MoreThe Field Of Psychology : Carl Gustav Jung2353 Words   |  10 PagesJung spent five years in self-analysis that led to his developing of the concept of a balanced and integrated personality. 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Court Systems Free Essays

The article looks at a number of mental health services provided by a number of mental health courts in various counties in different states. For example, the specific mental health services offered by the Marion County in Indiana, Broward County in Florida, Alaska’s Anchorage and King County of Washington. The article then discusses the various issues that would ensure a successful implementation of mental health courts. We will write a custom essay sample on Court Systems or any similar topic only for you Order Now Such issues as due process, resource control and availability of the services will have to be addressed first. These authors are right with their insightful argument on what would work best for different groups of populations. In their analysis, they contend that some models of mental health courts would only be appropriate for small cities, suburban or rural populations. However, as they advocate for mental health services appropriate for the mentally ill offenders, they do not take into account the attainment of justice and do not talk about the role of the victim(s) in the rehabilitation process. From their point of view, it is clear that the authors were clearly biased and argued their case from the mentally ill offenders’ position. Sex Offender Commitment Law Rued Unconstitutional (Daly, R. March 2009). The author reports on the federal appellate court’s decision to overturn the ruling that requires sexual offenders to be subjected to prolonged civil commitment beyond their jail terms. The author then presents the opinion of the APA committee on the issue. The committee concurred with the court’s decision terming the subjection of sexual offenders to civil commitment as lacking in treatment but rather turns psychiatrists into jailers. This report is quite comprehensive because the author does not only present the history of this law but also presents the professional’s opinion and solution to this controversial issue in the criminal justice system. The author seeks neutrality in his reporting and only presents events and opinions of others. However, he fails to provide accounts and cases where the law has been successful in reducing recidivism in sex offenders. Readers of this report may get the impression that the law is totally wrong and incarcerating to the prisoners and therefore do not serve to rehabilitate and reintegrate offenders into the community. Reference Daly, R. (March, 2009). Sex-Offender Commitment Law Ruled Unconstitutional, Psychiatric News, Vol. 44(5):11 Watson, A. Hanrahan, P. Luchins, D. Lurigio, A. (April, 2001). Mental Health Courts and the Complex Issue of Mentally Ill Offenders, Psychiatric Services, Vol. 52:477-481. How to cite Court Systems, Papers Court Systems Free Essays The modern dual system of courts incorporates both federal and state or local courts. This system is the product of many years of gradual development. Outside this formally established structure, however, personal relationships between key court participants can guide court proceedings and procedures. We will write a custom essay sample on Court Systems or any similar topic only for you Order Now This paper will examine the history of the criminal courts, the dual system of the United States and modify the difference between the historical development and the dual court system of the United States.The origins of the contemporary criminal courts can be traced back through their colonial predecessors the Anglo-Saxon and English court systems. Contributions from outside this lineage were minor; although Louisiana’s legal system reflects a strong French influence, owing to the substantial early French settlement there. The earliest records of legal procedures for criminal matters in Anglo-Saxon England are found in proclamations (know as dooms) issued by King Aethelbert of Kent in 601-604C. E. that prohibited theft and provided for a variety of punishments for â€Å"violation of the king’s interests).Anglo-Saxon courts, in an attempt to move away from blood feuds (the long-running cycle of violent retaliation, typically between families or clans), used a variety of oaths and ordeals to determine an individual’s truth or guilt. The compurgatory oath required that the accused swear an oath of innocence: If the defendant’s testimony was supported by statements of a sufficient number of others (known as oath helpers, who were often relatives of the accused), the defendant would be acquitted and released.However, if the testimony was not convincing, the accused would face either trial by ordeal or trial by battle. The absence of burns or scars from an ordeal or simple survival in battle was indication of innocence. English common law and the English court system were the primary role models for the beginnings of the American court system. Colonial courts performed a variety of functions, ranging from legislative and executive activities, such as the determination of tax assessments, to more traditional activities associated with the judicial branch.These courts were relatively simple, with most of the judicial personnel being local influential citizens who were appointed to their positions by the colonial governor. Justice of the Peace courts were established at the local county level; they were typically administered by a person with some degree of status or recognition within the community rather than someone with formal legal training. When the American Revolution took place, the royal colonial courts were closed down and then reestablished as state courts by the new state assemblies.Although the basic structure of the courts remained essentially the same, the new state courts were move dec entralized than the colonial courts, and judges were either elected or appointed by the state legislature or governor. With the growing emphasis on popular democracy and responsiveness to the local community by the middle of the nineteenth century each new state entering the Union required the popular election of all or most of it judges, although only white male were allowed to vote. Specialized local courts and family courts were eventually created in larger cities to handle the growing number of cases as the U. S. population expanded. Most state courts were assigned general trial jurisdiction over both criminal and civil matters, and each state created at least one court appeals. As the states developed their individual constitutions, outlining the structure and the process of governmental operations, most also included in their constitutions a section protecting many rights of citizens accused of crimes that had been stipulated in the earlier colonial laws.The Constitution provided for the establishment of a federal judicial system, even as the states developed their own court structures, thereby creating a dual system of courts. Today, there are fifty independent state court systems as well separate court systems in the District of Columbia and the Commonwealth of Puerto Rico and territorial courts in the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. For the most part, these systems have very similar structures and procedures.Each provides for general trial courts, appellate courts, and some sort of Supreme Court. Each state court system administers and interprets its own state’s laws, whereas the federal system deals with federal laws and violations. When a case that has been tried in a state court is appealed, it is appealed through the state appeals court system. In contrast cases that were originally tried in the federal courts are appealed through the federal appellate courts.In issues of the constitutionality of a particular law or procedure, state courts must consider both the state constitution and the federal constitution, whereas federal courts are generally limited to issues stemming from the federal constitution. It should also be noted that decisions made by a U. S. Court of Appeals are binding only on its specific jurisdiction, not on the entire country. The criminal court system in the United States today is largely a product of the Anglo-Saxon and English common law courts and the rights of citizen enumerated in the Magna Carta.Many of the procedural safeguards of the English courts were incorporated into the early colonial legal codes. After the American Revolution, each of the new states created its own independent court system. Congress established the basic structure of the federal court system in the Judiciary Act of 1789. Although there are many variations in the state court structures, all of them make similar distinctions between the courts according to their basic jurisdictionReferences Regoli, R. Hewitt, J. (2008) Exploring Criminal Justice. Jones and Bartlett Publisher, Inc. Sudbury, MA http://www. ovw. usdoj. gov/safehaven_desc. htm How to cite Court Systems, Papers Court Systems Free Essays When the founding fathers of the United States began to conceive the notion of how the nation’s legal system should work, they were determined we should have a country that operated differently and more effectively than the one left behind in the days of British control. They decided that states should have the power to make and govern their own laws and also the ability to enforce those laws. This did not eliminate the need for federal court systems, however, and so the dual court system was born. We will write a custom essay sample on Court Systems or any similar topic only for you Order Now The dual court system is the formal name for the way our country’s legal system works. The dual courts it refers to are the federal and state court systems. The state court system is constructed of local and state courts that are under the purview of state governments. The federal court system was established by the legislative body under the influence of the Constitution of the United States (Schmalleger, 2009). The state legislatures are free to create and enforce their own laws, but the federal government is there to oversee and intervene when necessary to ensure that there are no conflicts within the state systems or when the necessity exists because of multiple state involvements. In the state court system, each individual state has a separate system of courts that operated under the Constitution and laws of that particular state. Historically, the state courts are modeled after the British judicial system that was first brought to the United States when it was composed of English colonies. During that time, each of the original American colony had its own court system for resolving both civil and criminal disputes. As the colonies grew in size, it became necessary for counties to have their own court systems as well, which allowed the general court to focus its attention on appeals. The general court did reserve jurisdiction on certain cases, but typically only simple civil trials were heard there. All of the American colonies had a fully functional court system in place with these sort of arrangements in place by 1776 (Schmalleger, 2009). The turn of the century and early 1900s brought a measurable increase in civil litigation and criminal arrests, which forced the government to find new ways to keep up with the heavier load of reported cases (Schmalleger, 2009). Their answer was to establish multiple new courts at different levels of jurisdiction; including trial, appellate, and supreme court levels. They assigned particular duties and responsibilities to each level of court, from regulating ordinances and city laws to handling minor disputes like property and divorce. One especially important model that was adapted for use in state courts was the New York State Field Code of 1848. This code clarified jurisdictional claims of different issues and gave specifics in the matter of court procedures and regulations. It also established a set of simplified rules for pleadings and how they were to be brought before the court in different situations. It was named the â€Å"Field Code† because it was proposed by a man named David Dudley Field (Field Code of New York, 2011). The court system we have today is much more advanced, thanks mostly to new changes that have been introduced by the American Bar Association and the American Judicature Society (Schmalleger, 2009). Most of the changes center around reducing redundancies in the court system. This makes the courts much more capable of handling a bigger load of cases because they are not wasting time on cases that are also being handled at another level. The three tier system of the courts is still used, but the court system is much more effective and centralized thanks to the changes by these organizations. Like the state court system, the federal court system also has its foundations in the United States Constitution and in colonial law. Specifically, Article III Section 2 of the United States Constitution gives the federal courts jurisdiction over federal laws and treaties (Schmalleger, 2009). In general, this means that federal courts have purview over cases that cross between states or have clear federal jurisdiction such as terrorism cases or cyber crime. In the federal court system, there is only one of the three tiers that is actually mandated by United States Constitution. This is the Supreme Court of the United States. It was formed in 1869 and has always had one Chief Justice and eight Associate Justices. As the name suggests, the Supreme Court is the final and â€Å"supreme† word on any case that it hears. The Supreme court rules on appeals and also has jurisdiction over certain proprietary cases like those involving high ranking diplomats of both the United States and other foreign nations (Supreme Court of The United States, 2011). The other two tiers of the federal court system are the federal district courts and the court of appeals. The kind of cases handled by the federal district courts are cases relating to alleged Constitutional violations, maritime cases, cases that directly involve a state, cases involving the federal government, and cases that include foreign governments or citizens. The appeals court, on the other hand, addresses exactly what it sounds like. It has direct jurisdiction in cases that involve a challenge to an order of a federal regulatory agency, such as the Securities and Exchange Commission or Department of Homeland Security. There are also a few exceptions to federal jurisdiction, such as the military justice system, which is special and applies only to members of the United States Military and is carried out in the form of non judicial punishments and court martial proceedings (Supreme Court of The United States, 2011) Since the concept first formed in England and was carried over and adapted by our nation’s founding fathers, the dual court system as continued to become more effective and make American Justice some of the most effective and civilized in the world. From an outside perspective, our court system may seem complex and confusing, but the different levels of government all work effectively together because of the decades of improvements and legislation changes on both a state and federal level. Once you understand the details of the dual court system, it is actually much simpler than it seems. How to cite Court Systems, Essay examples

Scope Creep Report for Computer Security Department

Question: Discuss about theScope Creep Report for Computer Security Department. Answer: Introduction: The purpose of this report is to evaluate the project status of the Computer Security Department (CSD) of the Federal Government to improve and replace the outdated computer for management of public clients. A brief regarding the current status of the project has been present for the assessment of the situation. Then the assessment and the management practices have been analyzed together for a better understanding of the project, and further recommendations were provided for fast project completion. Report on Current Project Status Current project status: Incomplete. A budget of $2.3 Million was prepared for the project, but a sum of $1.5 million was granted. The project was planned accordingly, and resources were planned. Due to event mismanagement, the department has suffered an unexpected delay and cost. Now an additional grant request of $1.8 million has been placed for the completion of the project. There exist no official records containing the scope of the project, schedule, the implemented aspects of the project and the money spent on various aspects. The objective of the CSD was to replace the outdated computer systems for managing the public clients. The project was scoped and planned to achieve specific goals. It was decided that the hardware and the software for the computer systems will be updated and replaced across 87 sites, and the completion date was decided to be 30th, June 2001. The initial committee in its initial meetings had loosely identified some of the risks that could cripple the process and was recorded in a project report that is nowhere to be found, the project steering committee was formed to guide the project in a proper direction under the department chief (CEO) as the main sponsor for the post. The representations of the influential company managers with different mindsets have not suited the environment. Hence, no record or actual reports was found containing the actual scope, schedule, and budget [7]. Comparison of the Present Scenario with Project Management Practices The work upon the project started in July 1999 but as of today, the project is far from completion. According to previous study, a project needs a clear scope, should have structured contracts and budgets, sound and clear communication between the hierarchies and should stick to the Gantt chart which will result in timely completion of the project [5]. For successful completion of the project, it is necessary that everyone shares a specific goal and work for its completion. However, it is evident from the facts that in the case of CSD the management was weak [2]. Although there was an agreement between CSD and Good Systems there exists no contract which contains clear goals. Also, the Good Systems promised to provide free services in return of research and development center, but Good System failed to provide the basic services which should have been its priority. The CSD is facing the brunt of unexpected expenditure because the employees of the organization were diverted for testing the new software that was to be installed by Good Systems, additionally the managers who became more comfortable and met less frequently for steering the project to the right direction, left Good Systems with the management works [11]. In a proper system, there should be well laid out the hierarchy and clear roles for each in an organization but to save money, too much pressure was laid upon the cashier which resulted in such mismanagement [9]. Communication plays a pivotal role in project management. In the case of this project, the stakeholders frequently met to decide the various aspect of the project. This ensured well proper communications between the stakeholders of the company, contractors, vendors, etc. A manager acts as the link joining the various aspects of the project, but the absence of such vital link created a void and resulted in such failure. There was no timeline, or Gantt chart and absence of such important toolkit is Mars any resolution. The initial objective of the project was to be completed within a budget of $ 1.5 million, but the lack of standard practices has left CSD being demanded $1.8 million more. Sound management requires well laid out plans and justifications for approval of extra funds. Hence the following sections will deal with the justifications for the same. For completion of the project in time, the components should be meticulously planned and scheduled [3]. As stated before Gantt chart helps in planning out the timeline and the priorities of the tasks. This also helps in allocation of resources according to the need of the time. Recommendation on Project Closure and Future Improvements The CSD (Computer Security Department) should understand the need of a manager and should make it mandatory to appoint a manager for its entire work. The work of manager should not be taken lightly as he behaves as the interface between the stakeholders of the company [1]. The increase in the offices of the project manager shows the importance of the dedicated workforce that is needed to complete a project. The manager mainly serves two major needs, providing the common set of tools and framework for making the project successful [12]. He is also responsible for the completion of the projects within a given time that has been decided in the Gantt chart. Hence the manager takes all the responsibility of making the project a success. The five broadly classified ideas for avoiding the scope creep are: Understanding the goals/results [6] Understanding the clients idea Understanding the scope of the project Understanding the budget [8] Keeping everything in the book So, the following steps had been designed by the above factors to prevent scope creep and will help in project closure. Conclusion It is very critical to understand the need of the project, and steps should be taken to contain the contingencies. Although contingencies are difficult to predict the other similar projects can serve as a guideline for understanding the issues. Also, the need of the components of management should not be underestimated as it prevents proper process management. A clear idea about the various aspects of the project like time and money should always be borne in mind for the successful completion of the project. References Brennan M. Mismanagement and quality circles: how middle managers influence direct participation. Management Decision. 2013 Mar 7. Breuer J, Ranaivoson H, Buchinger U, Ballon P. Who manages the manager? Identity management and user ownership in the age of data. InPrivacy, Security and Trust (PST), 2015 13th Annual Conference on 2015 Jul 21 (pp. 22-27). IEEE. Burke R. Project management: planning and control techniques. New Jersey, USA. 2013. Gerald J, Lechler T. Gantt charts revisited: A critical analysis of its roots and implications to the management of projects today. International Journal of Managing Projects in Business. 2012 Sep 7;5(4):578-94. Kerzner HR. Project management: a systems approach to planning, scheduling, and controlling. John Wiley Sons; 2013 Feb 4. Madhuri KL, Rao JJ, Murthy SV. Scope creep implications on customer satisfaction index in the software industry. International Journal of Productivity and Quality Management. 2016;19(1):21-37. Martin R. Leaders and the importance of the manager-staff relationship. Pepperdine University; 2013. Moore AY, Thomas MR, Diggdon A, Maher J, Moore KL, Lee YW, McMahon BP, inventors; Wells Fargo Bank, NA, assignee. Budget management system and method. United States Patent US 8,639,622. 2014 Jan 28. Neves P, Eisenberger R. Management communication, and employee performance: The contribution of perceived organizational support. Human Performance. 2012 Nov 1;25(5):452-64. Sara S, Tatnall A. Failure to Launch: Scope Creep and Other Causes of Failure from an Actor-Network Theory Perspective. International Journal of Actor-Network Theory and Technological Innovation (IJANTTI). 2015 Oct 1;7(4):1-3. Silva P, Moreno AM, Peters L. Software Project Management: Learning from Our Mistakes. IEEE Software. 2015 May 1;32(3). Westcott RT, editor. The certified manager of quality/organizational excellence handbook. ASQ Quality Press; 2013 Oct 7.

Friday, May 1, 2020

Restructuring - Removing and Reviewing the Social Contract

Question: Discuss about the Restructuring, Removing and Reviewing the Social Contract. Answer: History of James Hardie James Hardie was founded in the late nineteenth century, and became an iconic company, especially in Australia in the twentieth century, for mining, importing and manufacturing asbestos-based products. Commonly referred to as fibro, fibro-cement played a key role in the growth of expanding cities as it was a cheaper alternative to brick, but supposedly safe and durable. However, fibro sold by James Hardie was made of asbestos, which even back in the 1930s was known to be causing deadly lung disease (Ministry of Health Report 1938, cited in Kjellstrom 2004). Indeed, for James Hardie, the first workers compensation case occurred in 1939 (Hills, 2005); but it was not until the mid-1960s that James Hardie was given information on asbestos-related diseases among its employees in which they were told that liabilities could be as high as A$1.5 million, which set against shareholders funds of $30 million seemed significant (Haigh, 2006). Despite these health warnings and potential impact of liabilities from compensation, James Hardie continued to manufacture the product until 1987. Asbestos and its health impacts Asbestos has been found to cause many medical conditions including lung disease and, in particular, mesothelioma, lung cancer and asbestosis. Mostly, however, it takes between 15 to 30 years before symptoms present themselves after people are exposed to asbestos dust (Smartt, 2004). Asbestos was mainly used in domestic and industrial buildings, brake linings, fibro sheeting, pipes and insulation. The health effects of its use are not limited to employees, however; they also include neighbours of mines and manufacturing plants, and demolition contractors. These effects are recognized internationally (Jackson, 2004). The fact that the medical implications of exposure to asbestos were known as early as the late 1930s, and that James Hardie knew about it via their own employees workers compensation claims in the 60s, and the fact that it took another 20 years until the manufacture of asbestos products ceased, showed that manufacturers knew at an early stage about the dangers of asbestos and made a commercial decision to keep producing it, thereby jeopardizing lives (Spender, 2003: 235). The Medical Research Compensation Foundation (MRCF) and restructure In early 2001, the board of James Hardie made several announcements, one of which was the establishment of the MRCF. This fund was to compensate sufferers of asbestos related diseases and claims against two former James Hardie subsidiaries and fund medical research aimed at finding cures for these diseases (JHIL, 2001). The fund was established to effectively resolve any liability in relation to asbestos, which would then allow the board to concentrate on growing the company for the benefit of all shareholders (JHIL, 2001). The foundation was supposed to have sufficient funds (A$293 million) to cover all legitimate past and future claims; the funding was by way of ownership of subsidiaries Amaca and Amaba which had net assets of $293 million, and James Hardie also stated that any leftover funds would be used to support further research on lung disease (JHIL, 2001). Later in 2001, a new holding company was set up, called James Hardie Industries NV (JHI NV), and the group moved to the Netherlands where Australia has no civil law enforcement agreements. The decision to restructure and relocate was granted by the Supreme Court of New South Wales, based on the assurance by the company that any future claims would be met and backed up by partially paid shares in JHIL held by JHI NV. However, these shares were subsequently cancelled when JHIL (later known as ABN 60 Pty Ltd) vested in a new company, the ABN 60 Foundation, which was still supposedly able to meet any obligations for the MRCF. The complex structures and restructure of James Hardie made it harder to guarantee the liability of claims would be met. The MRCF, however, had been substantially underfunded. A report by KPMG re-estimated the liabilities to be A$693 million, rising to $1044 million in 2000 (Haigh, 2006). The shortfall caused much activity by lobby groups such as trade unions and local councils, resulting in the 2004 Jackson Inquiry. The findings indicated that James Hardie had acted within the law; however, it also discovered that James Hardie did not use reliable actuarial estimates, the company had made misleading public statements and appeared to be deliberately avoiding its moral obligations to society (Tozer and Hamilton 2006). The future for James Hardie and its victims James Hardie agreed that the MRCF was underfunded. In 2005, James Hardie signed a Final Funding Agreement (FFA) with the NSW state government, where claims were re-estimated to be A$4.5 billion over 40 years (Slater and Gordon, 2005). Negotiations then began with the Australian Taxation Office to set up a charitable organisation to fund the rest of the expected liabilities related to asbestos exposure. The arrangement established the Asbestos Injuries Compensation Fund Limited (AICFL), which would receive income annually from James Hardie according to a formula based on a percentage of free cash flow and a cap percentage. The arrangement was agreed to by shareholders in early February 2007 as it is consistent with current investor and Australian Community expectations (JHI NV, 2007). Little did James Hardie know that one week later, ASIC would commence proceedings into the actions of former and current directors and executives, alleging breaches of the Corporations Act 2001. The five allegations were: Misleading communications in 2001 regarding the establishment of the MRCF. Failure to disclose in relation to Deed of Covenants between MRFC and JHIL. Restructure of the group: The scheme of arrangement, specifically the information memorandum, was misleading in terms of its lack of disclosure in relation to the meeting of future obligations. Misleading executive presentations: in 2002, presentations made to institutional investors contained information on the supposed adequacy of the MRCF in meeting its obligations in relation to asbestos liabilities. Failure of care and diligence: in relation to the cancellation of shares in JHIL, and the failure of information disclosed to ASX and ASIC in relation to the cancellation. Currently, according to ASIC (2007) the investigation, which continues, has involved a complex corporate structure, it has spanned three countries (the US, the UK and Australia) and it has involved about 348 documents, 72 examinations and the issuing of 284 notices to obtain evidence. The investigating continues as does the increase in the number of victims being identified and claims sought. It appears that the profit motive was prioritised by James Hardie at the expense of the social contract. References: ASIC, ASIC Commences proceedings relating to James Hardie, Media Release 07-35, Thursday 15 February 2007. Haigh, G., Asbestos House: The secret history of James Hardie Industries (Melbourne: Scribe, 2006). Hellicar, M., Managing Corporate Social Responsibility, Paper presented to the Social Responsibility of Company Directors Workshop, Monash University, Melbourne, 16 March 2005. Hills, B., The James Hardie Story: Asbestos victims claims evaded by manufacturers, International Journal of Occupational and Environmental Health, Vol. 11 Iss. 2 (2005), 212-14. Jackson, D.F.Q., Report for the Special Commission of Inquiry into the Medical Research Compensation Foundation (Sydney: The Cabinet Office, NSW Government, 2004). James Hardie Industries, available at: https://jameshardie.com.au, viewed 2007. James Hardie Industries Limited (JHIL), Media Release, 16 February 2001; cited in Jackson (2004) Sec 2.35, and Haigh (2006), 273-4. Kjellstrom, T.E., The epidemic of asbestos-related diseases in New Zealand International Journal of Environmental Health, Vol. 10, Iss. 2 (2004), 212-19. Slater and Gordon (2005), available at: www.slatergordon.com.au/news/docs/WEBSITE%20Hardie%20lead%20v2.pdf Smartt, P., Mortality, morbidity and asbestosis in New Zealand: the hidden legacy of asbestos exposure, The New Zealand Medical Journal, Vol. 117 (2004), 1205. Spender, P., Blue asbestos and golden eggs: evaluation bankruptcy and class actions as just responses to mass tort liability, Sydney Law Review, Vol. 25 (2003), 223-63.