Wednesday, November 20, 2019

International Arbitration Research Paper Example | Topics and Well Written Essays - 2500 words

International Arbitration - Research Paper Example It is not a surprise that the research compares the two, though they are more of a single state, China and Hong Kong have different ways of tackling international cases and in this research states the differences and similarities, the advantages and disadvantages that arise because of those differences and similarities. In Hong Kong, the court ensures minimum interference in international arbitration and everything to do with supervising legal matters of international arbitration is done by the Hong Kong International Arbitration Center and the other bodies within it. The company took over all the responsibilities in international arbitration that would have been carried out by the Hong Kong court. The case is different for China where the People's court is also in part responsible for dealing with international arbitration though it also has an independent body with which it works. So this is meant to give all these details and come up with the best means of court's involvement in international arbitration and cases of the like. Research results will be based on the literature that is available about the two states but also on the answers and responses that will be received from the interviews and questionnaires that will be distributed. This research is meant to explain China's and Hong Kong's courts' supervision and assistance in internationa... The research will also try to compare the local arbitration procedures to international procedures in order to assist in getting a difference between the procedures of handling local cases and those of handling international cases. The research aims at pointing out areas that need improvement and therefore come up with suggestions to improve the Chinese court's involvement in international arbitration as compared to Hong Kong's. The Objective of the Research With detailed information on the involvement of the court of the people's republic of China in international arbitration, this research will also bring to light the position of Hong Kong's court in international arbitration. Just as for the people's republic of China so shall it be for Hong Kong, the research seeks to find out Hong Kong's courts involvement in terms of supervision and assistance in international arbitration. From the findings a comparison will be made of the two involvements i.e. the involvement of the court of People's Republic of China in international arbitration and the involvement of the Hong Kong court in supervising international arbitration. Therefore the main objective of this research is to compare the involvement of the two courts in international arbitration, analyze the advantages and disadvantages of the degree of the court's involvement in international arbitration and from these come up with suggestions on what the court could do to improve international arbitration. Both for the people's republic of China and for Hong Kong. The Scope of the Research The scope of the study will be the court of the People's Republic of China and the Hong

Monday, November 18, 2019

Evaluation of Agency's Human Resources Management Research Paper

Evaluation of Agency's Human Resources Management - Research Paper Example Ray Consortium is an agency located in the US. I did a research that revealed that this agency has processes and systems that intersect between information technology and human resource management. One of the agency’s major components of human resource processes for hiring and retaining is the enterprise-resource-planning package (Department of Administration, 2004). In this package, the agency merges human resource management as a doctrine with its basic human resource processes and activities, within the field of information technology in particular (Lawler, 2004). With the emergency of enterprise resource planning software, this agency added its crucial components of planning to incorporate data processing systems programs that standardize routines and integrate information from and within various applications towards a single universal database. According to the human resource manager of Ray Consortium, integration of enterprise resource planning as a major component of th e agency’s human resource system facilitated faster and easier linkage of the agency’s human resource modules and financial modules.This procedure aims at motivating, mobilizing, and fostering their zeal towards their respective jobs.In identifying predecessors of different sections of the agency, this agency uses modules of human resource that link performance of an employee through a single database that provides the most important distinction among the proprietary and individually developed predecessors.... This procedure aims at motivating, mobilizing, and fostering their zeal towards their respective jobs (Lawler, 2004). In identifying predecessors of different sections of the agency, this agency uses modules of human resource that link performance of an employee through a single database that provides the most important distinction among the proprietary and individually developed predecessors. This procedure makes the enterprise resource planning and development application both flexible and rigid. In order to acquire and retain the best employees with excellent skills and knowledge, this agency devised a recruitment system called the Talent Management systems that typically encompasses things like identification of potential applicants, recruitment via company facing listings, and recruiting by the use of online means which market to both the applicant and recruiters (Berman, 2012). According to analysts, this process has the best means of acquiring the best employees, since it make s the overall acquiring and retaining process competitive. Implications of the Human Resource Workforce After analyzing the existing processes, systems, and components of the agency’s human resource, this paper established that there have been identical cases of success due to planned methodologies of facilitating work. For instance, presence of learning management systems within this agency contributes to concurrent increase in productivity, delivery, invention, and incorporation of diverse measures of ensuring competitive workforce (Lawler, 2004). Additionally, due to its well-trained and equipped workforce, the agency was able to establish a board that maintains a

Saturday, November 16, 2019

Shame on Trump or Shame on You?

Shame on Trump or Shame on You? There has been to this day, forty-five Presidents come into office. All of whom have signed several executive orders while being in office, but our newly President, President Trump has already taken a step no other President has taken so quickly after moving into the White House. On January 27, 2017, President Trump signed an executive order that is being known as the immigration ban. Putting an indefinite ban on immigration from seven different Muslim countries including; Iraq, Iran, Syria, Somalia, Sudan, Libya and Yemen. Not allowing any refugees to enter the United States for 120 days and no Syrian refugees until further notice. Some are praising President Trump for his actions, others are despising him for it, but he is the commander in chief so why not just keep your opinion to yourself? People often are getting paid to put their opinions all over the internet to persuade people to agree with their argument or simply just prove why they believe they are right. Some articles on the internet are more opinionated than others, others are more credible, some are more persuasive. There are many criterias for evaluating, say, an article online, such as the language the writer uses, the writers background, the background on the website the article has been posted on, choices of images within the article, title of article, time the article was posted, how much the writer considers both sides of the argument and if the online article has different links attached to support their claims is another way to become credible. All the criteria listed previously are ways Michael A. Cohen, a main contributor for the newspaper, The Boston Globe on national politics and foreign affairs (Cohen, 2017) makes it easy to interpret his highly opinionated but very truthful and credible article posted about his negative opinions and bias thoughts on President Trumps actions of his executive order. The first thing you evaluate when you glimpse at this article are the two things in bold and big; the title, Trumps immigration order Shame on you, Mr. President and picture, a large group of people chanting and yelling while holding up signs reading REFUGEES WELCOME and SHAME ON TRUMP. Both immediate signs indicate to the reader that the following article will be in almost every way against Trumps immigration ban. The title uses charged language, such as the words Shame on you, those words are not typical words an author uses in their title unless their feelings towards it is trying to be made very clear, and in this case, it is because this makes it known instantly that (Cohen) is upset with Trumps decisions. Cohen also distinctly chose a picture of protesting people who are against the ban to simply show that he is not alone and has many supporters when believing that the order is wrong and goes against every American way. Before you start evaluating the article itself, it is important to find out how credible the author is. Michael A. Cohen contributes to The Boston Globe newspaper but he is also an author of a book on pivotal moments in American History called American Maelstrom: The 1968 Election and the Politics of Division. He has been employed as a speechwriter at the US State Department, as well as a lecturer at Columbia Universitys School of International and Public Affairs (Cohen, 2017). Since he has previously been a lecturer at a University, he must have a degree of some sort in world affairs or anything belong to that category, also because of him being an author over a novel on American Affairs and moments in American History adds to his credibility. Therefore, Cohen must know what he is talking about when it comes to politics and national issues because of all the things he has been doing in that field all his professional career. On top of all of that, Cohen has 44.5 thousand followers o n twitter and over 81.2 thousand  tweets. He has a lot of followers so therefore meaning people listen to him and believe him in what he has to say on any kind of topic which also adds to his reputation. Michael A. Cohen is a contributor to the newspaper, The Boston Globe. The Boston Globe has been Boston, Massachusetts primary newspaper for over 100 years. The newspaper has had many different contributors for them, with most of them being experts in their fields and what they write about within the newspaper. They include all different varieties of articles from politics, to sports, to kitchen, etc. It is a larger newspaper so therefore they are aware their reputation is on the line because more people will be reading their articles which in tales that they only hire credible and trustworthy authors who make them look good in the publics eye. First off, when you read this article the first thing that strikes the reader is the word choice Cohen uses throughout the article. He uses very charged language such as fundamentally un-American, slap in the face, Shame on you, pointless and wrong (Cohen M. A., 2017), all negative references towards the immigration ban. He uses such strong language because of how strongly he feels towards Trumps decision to ban immigrants. He states many things about immigrants and how Syrian immigrants are probably the least likely to harm Americans, and the countries that include all of the refugees who have harmed Americans in terrorist attacks are not part of the ban because Trump has business relations with all of those countries but none with the seven countries he banned immigrants from, which is considered to be strange according to Cohen. Cohen calls it fundamentally un-American because it turns against all the American values and slaps the faces of millions who are familiar with the Americ an and immigrant experience. Later at the end of the article, Cohen expresses Trumps immigration order is pointless, counter-productive, and  wrong. Period. (Cohen M. A., 2017) More charged language from Cohen out of anger towards the order because of his past and family history that led him to be in America in the first place. Cohen adds an important story about his ancestors to the article to express the importance of immigrants and allowing people to make their way into this great country. He includes how his mother was born in Great Britain but came to America as a child because her parents were German Jews who escaped from Nazi Germany into the UK where they luckily were basically given a second chance by escaping Germany then eventually migrating to America unlike the rest of his grandmother and grandfathers siblings and family members at the time who were trying to migrate to a new place and had a very difficult time doing so (Cohen M. A., 2017) . He uses this personal story to appeal the readers emotions by trying to reach out to not only people who agree with him, but to people who may be uncertain on how to feel about the order. He explains how without immigration his life would not even be possible right now. His ancestors came to America, the land of the free, looking for a better life and they were able to find it and start a life, have a son (Cohen) and allow him to have a life he may not have been able to have somewhere where they started, but now that is not a guaranteed possibility anymore and it causes pain to those refugees who got that opportunity because other will not and may not. Furthermore, this article is a very biased source for more reasons than just its choice of words. The fact that Cohen does not even consider being a little bit neutral shows that it is a very biased source. Never once does Cohen mention a reasoning as to why he believes Trumps order may be okay or why other Americans may support the order. He makes very clear within his article, Shame on you, President Trump. And shame on any American who refuses to condemn this. (Cohen M. A., 2017). Instantly, he makes it clear that if you, for some reason support the immigration ban then shame on you because you must be just as un-American as Trump has been for setting the ban in the first place. He shows no empathy for those who support it because the article is completely one-sided towards being against the executive order which is a kind of article that preaches to the choir, whose message speaks to mostly people who already agree with them and whos not exactly trying to persuade anyone to think their way by being considerate to both sides, but just degrading the side against Cohens opinion in this case. To add to the previous points, to make his article more credible, Cohen adds links throughout the article to support his claims he is making. When Cohen is stating how not one Syrian refugee has committed a terrorist attack on the United States, and how you are more likely to be struck by lightning or shot by a toddler rather than a refugee, he adds a link of a chart that a European Media Director on Human rights and world conflict who has over 65.5 thousand followers on twitter, tweeted, showing the death causes of Americans annually, and it clearly showing that other Americans and unusual things are killing more Americans than any kind of immigrants coming into the United States. (Stroehlein, 2017) Also, another way Cohen does this is when he claims that the countries who have committed terrorists attacks on the U.S. but who were not banned are all in business with Trump, he adds a link to an article in the NY Daily News that shows and states each country who is a business partner of President Trumps but did in fact have a role in some sort of terrorist attack on the United States, yet still is not on the list of the immigration ban, (Sommerfeldt, 2017) which does not seem to add up the most according to Cohen. Lastly, Cohens article was released just two days after the executive order was announced to the public. Which can go either way, it could be good because the article is so relevant, time wise, to the order so therefore meaning they are not just getting things from his past and using it against him; all the news and facts are all recent and accurate about Trump. Or it could be looked at as, it has only been two days since the order and people, like Cohen, still are absorbing the ban and are just ranting things out of their emotions of anger because they (Cohen) are affected by it more than the next person so therefore wanting to do all they can to express it is wrong and how terrible of a person President Trump is for doing this, which indeed makes this a very biased source in that aspect. To put it all together, Michael A. Cohen uses many different criteria to use in his article that prove his article is very biased and one-sided but also full of information and credible facts that cannot be ignored just because he is very stern with the words he chooses to use throughout his article. He uses charged language, specific images and does not mention or show remorse for the other side of the story to get his point across that he believes what President Trump is doing is wrong but with Michaels credibility, when the article was posted and the different links he uses to back up everything he claims, you should believe that what he is stating is true even if he is not being considerate towards those who have different views as him. It may be too early for Trump to be doing all of this and maybe it is just in time. Everyone is going to have their own opinion on it, and it may not be the same as the person next to you, and that is okay as well. But just because something or so meone seems inconsiderate of all sides and is very biased does not automatically mean that the source is not credible or reliable, and this article posted in The Boston Globe by Michael A. Cohen proves a very biased source can be very credible as well. References: Cohen, M. A. (2017). Staff List. Retrieved from Boston Globe: https://www.bostonglobe.com/contributors/mcohen Cohen, M. A. (2017, Janruary 29). Trumps immigration order Shame on you, Mr. President. Retrieved from The Boston Globe: https://www.bostonglobe.com/opinion/2017/01/29/trump-immigration-order-shame-you-president/3WuTOdNBAOutfbzC1wIxOL/story.html Sommerfeldt, C. (2017, February 1). President Trumps Muslim ban excludes countries linked to his sprawling business empire. Retrieved from Daily News : http://www.nydailynews.com/news/politics/trump-muslim-ban-excludes-countries-linked-businesses-article-1.2957956?cid=bitly Stroehlein, A. (2017, January 28). How about injecting some facts into the discussion? Retrieved from Twitter: https://twitter.com/astroehlein/status/825388473649594369 Article link: https://www.bostonglobe.com/opinion/2017/01/29/trump-immigration-order-shame-you-president/3WuTOdNBAOutfbzC1wIxOL/story.html

Wednesday, November 13, 2019

Georgiana in The Birthmark by Nathaniel Hawthorne :: essays research papers

In “The Birthmark,'; by Nathaniel Hawthorne, Georgiana’s futile attempt to be flawless by cooperating in her own murder doesn’t make her any wiser, especially because such a sacrifice does not earn her closeness with her husband. The character of Georgiana epitomizes the virtues upheld by the conventions of her time; she is beautiful, docile and has no ambitions of her own other than to make her husband happy. In addition to this apparent perfect union is a "singular mark, deeply interwoven, as it were, with the texture and substance of her face" (Hawthorne 11). The birthmark is differently interpreted by all. Initially Georgiana thinks of the birthmark, as “a charm,'; and Aylmer knows not “whether to term [the birthmark] a defect or a beauty . . .'; (Hawthorne 11). Most persons of her own sex refers it as “the bloody hand,'; that “Quite destroy(s) the effect of Georgiana’s beauty . . .'; (Hawthorne 11). While her admirers “were won’t to say that some fairy at her birth-hour had laid her tiny hand upon the infant’s cheek, and left this impress [the birthmark] there in token of the magic endowments that were to give her such sway over all hearts'; (Hawthorne 11). Georgiana’s casual approach towards the birthmark reveals while she answers “No, indeed,'; when her husband asks her “has it never occurred to you [Georgiana] that the mark upon your cheek might be removed?'; (Hawthorne 10). Aylmer however visions the birthmark as Hawthorne s ays “small blue stains which sometimes occur in the purest statuary marble . . .'; (11). Later on “Georgiana soon learn(s) to shudder'; as her husband’s hatred towards the birthmark considerably increases (Hawthorne 12). Aylmer’s obsession soon starts reflecting in Georgiana. She at this point ignores all warnings and falls prey to her husband’s ambition of removing the birthmark, of which, he although is “convinced of the perfect practicability . . .'; (Hawthorne 13). Georgiana learns from Aylmer’s dream that, there might be a situation in the course of the operation when he might be “inexorably resolved to cut or wrench it [her heart] away'; (Hawthorne 13). Her recent interpretation of the birthmark overshadows this dream as she now even at the “remotest possibility'; wants that “the attempt be made, at whatever risk'; (Hawthorne 13). Aylemer’s dream however is not the only warning that Georgiana receives. Aylmer to gain confidence in her wife and to declare success in his new venture performs a couple of experiments, which results futile.

Monday, November 11, 2019

Comparison Between Market Structures

A COMPARATIVE STUDY OF MARKET STRUCTURES Perfect Competition No. of Firms A large number, each being small. Monopolistic Competition A large number, each have some amount of market power. Oligopoly A small number, each being mutually interdependent. Monopoly Only one firm, possessing full control in the market. Size of Firms Small. Therefore each is a price taker. Relatively small but possessing some ability in setting price. Relatively big but bases its decision on other firms. Very large and is able to influence price or output but not both simultaneously. Nature of Product Homogeneous Differentiated Differentiated Unique Knowledge of Product Perfect knowledge of market by buyers and sellers Imperfect knowledge of market by buyers and sellers Imperfect knowledge of market by buyers and sellers Imperfect knowledge of market by buyers and sellers Barriers Free entry and exit from industry Free entry and exit from industry Barriers of entry and exit from industry Barriers of entry and exit from industry Mobility of Factors Perfect Mobility Perfect Mobility Imperfect Mobility Imperfect Mobility Extent of Price Control/Pricing Policy None by individual firms who take the market prevailing price Firms may either set price or output, constrained by its demand curve Firms may either set price or output, constrained by the actions of rival firms Firms may either set price or output, constrained by its demand curve Non-price Competition No advertising or other forms of promotion because of perfect competition †¢ Perfectly price elastic – each firm is a price taker because of all the above conditions †¢ D=P=AR=MR †¢ Price is constant at all levels of output †¢ The industry’s demand and supply determine the market price Advertising and other forms of promotion may take place Advertising and other forms of promotion may take place because of price rigidity †¢ Kinked demand curve – price rigidity exists because of all the above conditions †¢ D=AR and AR>MR †¢ The oligoplistic firm determines the market price or output, taking into account its competitor’s reaction No advertising or other forms of promotion because of the absence of competition †¢ Relatively price inelastic – firm is a price setter because of all the above conditions †¢ D=AR and AR>MR †¢ The monopolist determines the market price or output but not both simultaneously because it is constrained by the demand curve Demand Curve/Price Line/AR curve †¢ Relatively price elastic – each firm has some ability to set price because of all the above conditions †¢ D=AR and AR>MR †¢ The monopolistically competitive firm determines the market price or output but not both simultaneously because it is constrained by the demand curve 1 Perfect Competition Relationship between the demand curves of the Firm and Industry Price Price S P2 D1 D2 D0 P0 P1 AR2 AR0 AR1 Monopolistic Competition Demand Curve of the Firm $ Oligopoly Demand Curve of the Firm $ Monopoly Demand Curve of the Firm / Industry $ P2 P0 P1 MR Quantity Firm Quantity AR=DD Quantity MR AR=DD Quantity MR AR=DD Quantity Q1 Q0 Q2 Industry TR Curve †¢ TR = P x Q †¢ Because P is constant, TR curve is a linear upward-sloping from left to right Revenue Curves under Perfect Competition $ $ 60 TR †¢ TR = P x Q †¢ Because P falls when Q rises, TR curve is an inverted U-shape Revenue Curves under Monopolistic Competition $ †¢ TR = P x Q †¢ Because P falls when Q rises, TR curve is an inverted U-shape Revenue Curves under Oligopoly $ TR = P x Q †¢ Because P falls when Q rises, TR curve is an inverted U-shape Revenue Curves under Monopoly $ 10 AR=MR=DD AR=DD Quantity $ AR=DD Quantity MR Quantity 6 Quantity $ MR AR=DD Quantity $ MR TR Quantity TR Quantity TR Quantity MR Curve †¢ Identical to P and AR, that is, D=P=AR=MR †¢ Constant †¢ MR is less than AR, with the gradient of the MR curve twice as steep as the AR curve (implying that the MR cuts the quantity axis at half the length at which the AR cuts the quantity axis) †¢ Downward sloping, that is, is falling as quantity increases MR is less than AR, with the gradient of the MR curve twice as steep as the AR curve (implying that the MR cuts the quantity axis at half the length at which the AR cuts the quantity axis) †¢ Downward sloping, that is, is falling as quantity increases †¢ Presence of a broken line, implying the presence of price rigidity †¢ MR is less than AR, with the gradient of the MR curve twice as steep as the AR curve (implying that the MR cuts the quantity axis at half the length at which the AR cuts the quantity axis) †¢ Downward sloping, that is, is falling as quantity increases 2 Perfect Competition MC/AC Curves †¢ U-shaped in SR because of Law of Diminishing Returns †¢ U-shaped in LR because of internal economies and diseconomies of scale Monopolistic Competition †¢ U-shaped in SR because of Law of Diminishing Returns †¢ U-shaped in LR because of internal economies and diseconomies of scale Oligopoly †¢ U-shaped in SR because of Law of Diminishing Returns †¢ U-shaped in LR because of internal economies and diseconomies of scale Monopoly †¢ U-shaped in SR because of Law of Diminishing Returns †¢ U-shaped in LR because of internal economies and diseconomies of scale Profit-maximising Condition †¢ MR = MC where MC is rising (revenue from the last unit of output is equal to the cost of producing the last unit, therefore marginal profit is equal to zero) †¢ Since MR=P(=D=AR), when MR=MC, P=MC †¢ When individual firms no longer reshuffle output †¢ When maximum profits are attained †¢ SR equilibrium conditions are fulfilled, and †¢ No entry of new firms and no exit of existing firms †¢ MR = MC where MC is rising (revenue from the last unit of output is equal to the cost of producing the last unit, therefore marginal profit is equal to zero) †¢ Since P>MR, when MR=MC, P>MC MR = MC where MC is rising (revenue from the last unit of output is equal to the cost of producing the last unit, therefore marginal profit is equal to zero) †¢ Since P>MR, when MR=MC, P>MC †¢ MR = MC where MC is rising (revenue from the last unit of output is equal to the cost of producing the last unit, therefore marginal profit is equal to zero) †¢ Since P>MR, when MR=MC, P>MC Meaning of SR Equilibrium †¢ When individual firms no longer reshuffle output †¢ When maximum profits are attained †¢ SR equilibrium conditions are fulfilled, and †¢ No entry of new firms and no exit of existing firms When individual firms no longer reshuffle output †¢ When maximum profits are attained †¢ SR equilibrium conditions are fulfilled, and †¢ No entry of new firms and no exit of existing firms †¢ When individual firms no longer reshuffle output †¢ When maximum profits are attained †¢ SR equilibrium conditions are fulfilled, and †¢ No entry of new firms and no exit of existing firms Meaning of LR Equilibrium Profitability in SR †¢ Supernormal profits when the firm earns profits which are in excess of what is necessary to induce it to remain in the industry Supernormal Profits under Perfect Competition $ MC AC P0 Supernormal Profits †¢ Supernormal profits when the firm earns profits which are in excess of what is necessary to induce it to remain in the industry Supernormal Profits under Monopolistic Competition $ MC AC Supernormal Profits †¢ Supernormal profits when the firm earns profits which are in excess of what is necessary to induce it to remain in the industry Supernormal Profits under Oligopoly $ MC †¢ Supernormal profits when the firm earns profits which are in excess of what is necessary to induce it to remain in the industry Supernormal Profits under Monopoly $ MC AC Supernormal Profits AR=MR=DD P0 P0 AC Supernormal Profits P0 AR=DD MR Q0 Quantity Q0 Quantity Q0 MR AR=DD MR Quantity Q0 AR=DD Quantity 3 Perfect Competition †¢ Normal profits refers to that level of profits that is just sufficient to induce the firm to stay in the industry Normal Profits under Perfect Competition $ MC AC P0 AR=MR=DD Monopolistic Competition †¢ Normal profits refers to that level of profits that is just sufficient to induce the firm to stay in the industry Normal Profits under Monopolistic Competition $ MC AC P0 Oligopoly †¢ Normal profits refers to that level of profits that is just sufficient to induce the firm to stay in the industry Normal Profits under Oligopoly $ MC AC P0 Monopoly †¢ Normal profits refers to that level of profits that is just sufficient to induce the firm to stay in the industry Normal Profits under Monopoly $ MC AC P0 AR=DD MR Q0 Quantity Q0 Quantity Q0 MR AR=DD MR Quantity Q0 AR=DD Quantity †¢ Subnormal profits occur when the firm earns less profits than what is necessary to induce it to remain in the industry Subnormal Profits under Perfect Competition $ MC AC Subnormal profits occur when the firm earns less profits than what is necessary to induce it to remain in the industry Subnormal Profits under Monopolistic Competition $ AC MC Subnormal Profits †¢ Subnormal profits occur when the firm earns less profits than what is necessary to induce it to remain in the industry Subnormal Profits under Oligopoly $ MC AC Subnormal Profits †¢ Subnormal profits occur when the firm earns less profits than what is necessary to induce it to remain in the industry Subnormal Profits under Monopoly $ AC MC Subnormal Profits P0 Subnormal Profits AR=MR=DD P0 P0 P0 AR=DD MR Q0 Quantity Q0 Quantity Q0 MR AR=DD MR Quantity Q0 AR=DD Quantity Profitability in LR Necessarily makes normal profit because of free entry and exit from the industry †¢ Supernormal profits – beyond optimum capacity (Overutilisation where AC is rising) †¢ Normal profits – optimum capacity (Full utilisation where AC is at its minimum) †¢ Subnormal profits – below optimum capacity (Underutilisation where AC is falling) Necessarily makes normal profit because of free entry and exit from the industry †¢ Supernormal profits – below optimum capacity (Underutilisation where AC is falling) †¢ Normal profits – below capacity (Underutilisation where AC is falling) †¢ Subnormal profits – below optimum capacity (Underutilisation where AC is falling) Can be making either normal or supernormal profits because of the presence of entry to the industry †¢ Supernormal profits – below optimum capacity (Underutilisation where AC is falling) †¢ Normal profits – below capacity (Underutilisation where AC is falling) †¢ Subnormal profits – below optimum capacity (Underutilisation where AC is falling) Can be making either normal or supernormal profits because of the presence of entry to the industry †¢ Supernormal profits – below optimum capacity (Underutilisation where AC is falling) †¢ Normal profits – below capacity (Underutilisation where AC is falling) †¢ Subnormal profits – below optimum capacity (Underutilisation where AC is falling) Plant Utilisation in SR 4 Perfect Competition Plant Utilisation in LR Normal profits – optimum capacity (Full utilisation where AC is at its minimum) Monopolistic Competition Normal profits – below optimum capacity (Underutilisation where AC is falling) Oligopoly †¢ Normal profits – below optimum capacity (Underutilisation where AC is falling) †¢ Supernormal profits – below optimum capacity (Underutilisation where AC is falling) Monopoly †¢ Normal profits – below optimum capacity (Underutilisation where AC is falling) †¢ Supernormal profits – below optimum capacity (Underutilisation where AC is falling) Allocative Efficiency Allocative efficiency is attained where P=MC Allocative efficiency is NOT attained because P>MC Allocative efficiency is NOT attained because P>MC Allocative efficiency is NOT attained because P>MC EXCEPT when the monopolist is practising first degree (perfect) price discrimination Productive Efficiency (NEW vs OLD definition) NEW: Productive efficiency is attained where profit-maximising level of output is at the LRAC OLD: Productive efficiency is attained where profit-maximising level of output is at the minimum LRAC NEW: Productive efficiency is attained where profit-maximising level of output is at the LRAC OLD: Productive efficiency is NOT attained because profit maximising level of output is falling LRAC (underutilisation) NEW: Productive efficiency is attained where profit-maximising level of output is at the LRAC OLD: Productive efficiency is NOT attained because profit maximising level of output is falling LRAC (underutilisation) NEW: Productive efficiency is attained where profit-maximising level of output is at the LRAC OLD: Productive efficiency is NOT attained because profit maximising level of output is falling LRAC (underutilisation) Distinction between Firm and Industry †¢ Industry consists of many small firms producing an identical product. Therefore, there exists a distinction between firms and industry †¢ Firm’s demand curve is perfectly elastic because it is a price taker; industry’s demand curve is downward sloping †¢ SHORT-RUN – Price ? Average Variable Cost (Total Revenue ? Total Variable Cost) †¢ LONG-RUN – Price ? Average Total Cost (Total Revenue ? Total Cost) The portion of MC curve that is above the average variable cost †¢ Industry consists of many relatively small firms producing differentiated products. Therefore, there exists a distinction between firms and industry †¢ Firm’s demand curve and the industry’s demand curve is both downward sloping Industry consists of a few large firms producing differentiated products. Therefore, there exists a distinction between firms and industry †¢ Firm’s demand curve and the industry’s demand curve is kinked implying the presence of price rigidity †¢ Industry consists of only one firm producing a unique product. Therefore, there exists NO distinction between firms and industry †¢ Firm’s demand curve is the industry’s demand curve and it is downward sloping Shut-down condition †¢ SHORT-RUN – Price ? Average Variable Cost (Total Revenue ? Total Variable Cost) †¢ LONG-RUN – Price ? Average Total Cost (Total Revenue ? Total Cost) Cannot be determined because there is no unique price to a quantity and viceversa †¢ SHORT-RUN – Price ? Average Variable Cost (Total Revenue ? Total Variable Cost) †¢ LONG-RUN – Price ? Average Total Cost (Total Revenue ? Total Cost) Cannot be determined because of the presence of price rigidity †¢ SHORT-RUN – Price ? Average Variable Cost (Total Revenue ? Total Variable Cost) †¢ LONG-RUN – Price ? Average Total Cost (Total Revenue ? Total Cost) Cannot be determined because there is no unique price to a quantity and viceversa Supply Curve in SR 5

Saturday, November 9, 2019

Understanding the Dual Court System

Understanding the Dual Court System A â€Å"dual court system† is a judicial structure employing two independent court systems, one operating at the local level and the other at the national level. The United States and Australia have the world’s longest-running dual court systems. Under the United States’ system of power-sharing known as â€Å"federalism,† the nation’s dual court system is composed of two separately operating systems: the federal courts and the state courts. In each case, the court systems or judicial branches operate independently from the executive and legislative branches. Why the US Has a Dual Court System Rather than evolving or â€Å"growing into† one, the United States has always had a dual court system. Even before the Constitutional Convention convened in 1787, each of the original Thirteen Colonies had its own court system loosely based on English laws and judicial practices most familiar to colonial leaders. In striving to create the system of checks and balances through separation of powers that is now arguably considered their best idea, the framers of the U.S. Constitution sought to create a judicial branch that would have no more power than either the executive or legislative branches. To achieve this balance, the framers limited the jurisdiction or power of the federal courts, while maintaining the integrity of the state and local courts. Jurisdiction of Federal Courts A court system’s â€Å"jurisdiction† describes the types of cases it is constitutionally allowed to consider. In general, the federal courts’ jurisdiction includes cases dealing in some way with federal laws enacted by Congress and interpretation and application of the U.S. Constitution. The federal courts also deal with cases whose outcomes may impact multiple states, involve interstate crime and major crimes like human trafficking, drug smuggling, or counterfeiting. Also, the â€Å"original jurisdiction† of the U.S. Supreme Court allows the Court to settle cases involving disputes between states, disputes between foreign countries or foreign citizens and U.S. states or citizens. While the federal judicial branch operates separately from the executive and legislative branches, it must often work with them when required by the Constitution. Congress passes federal laws which must be signed by the President of the United States. The federal courts determine the constitutionality of federal laws and resolve disputes over how federal laws are enforced. However, the federal courts depend on the executive branch agencies to enforce their decisions. Jurisdiction of the State Courts The state courts deal with cases not falling under the jurisdiction of the federal courts- for example, cases involving family law (divorce, child custody, etc.), contract law, probate disputes, lawsuits involving parties located in the same state, as well as almost all violations of state and local laws. As implemented in the United States, the dual federal/state court systems give the state and local courts leeway to â€Å"individualize† their procedures, legal interpretations, and decisions to best fit the needs of the communities they serve. For example, large cities may need to reduce murders and gang violence, while small rural towns may need to deal with theft, burglary, and minor drug violations. About 90% of all cases dealt with in the U.S. court system are heard in the state courts. Operational Structure of the Federal Court System The US Supreme Court As created by Article III of the U.S. Constitution, the U.S. Supreme Court stands as the highest court in the United States. The Constitution merely created the Supreme Court, while assigning the task of passing federal laws and creating a system of lower federal courts. Congress has responded over the years to create the current federal court system made up of 13 courts of appeals and 94 district level trial courts sitting below the Supreme Court. Federal Courts of Appeals The U.S. Courts of Appeals is made up of 13 appellate courts located within the 94 federal judicial districts. The appeals courts decide whether or not federal laws were correctly interpreted and applied by the district trial courts under them. Each appeals court has three presidentially-appointed judges, and no juries are used. Disputed decisions of the appeals courts can be appealed to the U.S. Supreme Court. Federal Bankruptcy Appellate Panels Operating in five of the 12 regional federal judicial circuits, the Bankruptcy Appellate Panels (BAPs) are 3-judge panels authorized to hear appeals to decisions of bankruptcy courts BAPs are currently located in the First, Sixth, Eighth, Ninth, and Tenth Circuits. Federal District Trial Courts The 94 district trial courts making up the system of U.S. District Courts do what most people think courts do. They call juries that weigh evidence, testimony, and arguments, and apply legal principles to decide who is right and who is wrong. Each district trial court has one presidentially-appointed district judge. The district judge is assisted in preparing cases for trial by one or more magistrate judge, who may also conduct trials in misdemeanor cases. Each state and the District of Columbia have at least one federal district court, with a U.S. bankruptcy court operating under it. The U.S. territories of Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands each have a federal district court and a bankruptcy court. Purpose of the Bankruptcy Courts The federal bankruptcy courts have exclusive jurisdiction to hear cases involving business, personal, and farm bankruptcy. The bankruptcy process allows individuals or business that cannot pay their debts to seek a court-supervised program to either liquidate their remaining assets or reorganize their operations as needed to pay off all or part of their debt. The state courts are not allowed to hear bankruptcy cases. Special Federal Courts The federal court system also has two special-purpose trial courts: The U.S. Court of International Trade deals with cases involving U.S. customs laws and international trade disputes. The U.S. Court of Federal Claims decides claims for monetary damages filed against the U.S. government. Military Courts Military courts are completely independently from state and federal courts and operate by their own rules of procedure and applicable laws as detailed in the Uniform Code of Military Justice. Structure of the State Court System While more limited in scope the basic structure and function of the state court system closely resembling that of the federal court system. State Supreme Courts Each state has a State Supreme Court which reviews the decisions of the state trial and appeals courts for compliance with the state’s laws and constitution. Not all states call their highest court the â€Å"Supreme Court.† For example, New York calls its highest court the New York Court of Appeals. Decisions of the State Supreme Courts can be appealed directly to the U.S. Supreme Court under the Supreme Court’s â€Å"original jurisdiction.† State Courts of Appeals Each state maintains a system of localized appeals courts that hear appeals from the decisions of the state trial courts. State Circuit Courts Each state also maintains geographically dispersed circuit courts that hear civil and criminal cases. Most state judicial circuits also have special courts that hear cases involving family and juvenile law. Municipal Courts Finally, most charted cities and towns in each state maintain municipal courts that hear cases involving violations of city ordinances, traffic violations, parking violations, and other misdemeanors. Some municipal courts also have limited jurisdiction to hear civil cases involving things like unpaid utility bills and local taxes.

Wednesday, November 6, 2019

The Untold History of American Indian Slavery

The Untold History of American Indian Slavery Long before the transatlantic African slave trade was established in North America a transatlantic slave trade in Indians had been occurring since the very earliest European arrivals. It was used as a weapon of war among the European colonists and as a tactic for survival among Indians who participated in the slave trade as slavers. It contributed to the fierce decline in Indian populations after the coming of the Europeans along with devastating disease epidemics and lasted well into the eighteenth century when it was replaced by African slavery. It has left a legacy still felt among Native populations in the east, and it is also one of the most hidden narratives in American historical literature. Documentation The historical record of the Indian slave trade is based on many disparate and scattered sources including legislative notes, trade transactions, journals of slavers, government correspondence and especially church records, making it difficult to account for the entire history. It is well known by historians that the slave trade began with the Spanish incursions into the Caribbean and Christopher Columbus’s taking of slaves, as documented in his own journals. Every European nation that colonized North America utilized Indian slaves for construction, plantations, and mining on the North American continent but more frequently in their outposts in the Caribbean and in the metropoles of Europe. As the pieces of the puzzle come together in the scholarship, historians note that nowhere is there more documentation than in South Carolina, what was the original English colony of Carolina, established in 1670. It is estimated that between 1650 and 1730 at least 50,000 Indians (and likely more due to transactions hidden to avoid paying government tariffs and taxes) were exported by the English alone to their Caribbean outposts. Between 1670 and 1717 far more Indians were exported than Africans were imported. In southern coastal regions, entire tribes were exterminated through slavery compared to disease or war. In a law passed in 1704, Indian slaves were conscripted to fight in wars for the colony long before the American Revolution. Indian Complicity and Complex Relationships Indians found themselves caught in between colonial strategies for power and economic control. The fur trade in the Northeast, the English plantation system in the south and the Spanish mission system in Florida collided with major disruptions to Indian communities. Indians displaced from the fur trade in the north migrated south where plantation owners armed them to hunt for slaves living in the Spanish mission communities. The French, the English, and Spanish often capitalized on the slave trade in other ways; for example, they garnered diplomatic favor when they negotiated the freedom of slaves in exchange for peace, friendship and military alliance. In another instance of Indian and colonial complicity in the slave trade, the British had established ties with the Chickasaw who were surrounded by enemies on all sides in Georgia. They conducted extensive slave raids in the lower Mississippi Valley where the French had a foothold, which they sold to the English as a way to reduce In dian populations and keep the French from arming them first. Ironically, the English also saw it as a more effective way to civilize them compared to the efforts of the French missionaries. Extent of the Trade The Indian slave trade covered an area from as far west and south as New Mexico (then Spanish territory) northward to the Great Lakes. Historians believe that all tribes in this vast swath of land were caught up in the slave trade in one way or another, either as captives or as traders. Slavery was part of the larger strategy to depopulate the land to make way for European settlers. As early as 1636 after the Pequot war in which 300 Pequots were massacred, those who remained were sold into slavery and sent to Bermuda. Major slaving ports included Boston, Salem, Mobile and New Orleans. From those ports Indians were shipped to Barbados by the English, Martinique and Guadalupe by the French and the Antilles by the Dutch. Indian slaves were also sent to the Bahamas as the breaking grounds where they mightve been transported back to New York or Antigua. The historical record indicates a perception that Indians did not make good slaves. When they werent shipped far from their home territories they too easily escaped and were given refuge by other Indians if not in their own communities. They died in high numbers on the transatlantic journeys and succumbed easily to European diseases. By 1676 Barbados had banned Indian slavery citing too bloody and dangerous an inclination to remain here. Slavery’s Legacy of Obscured Identities As the Indian slave trade gave way to the African slave trade by the late 1700’s (by then over 300 years old) Native American women began to intermarry with imported Africans, producing mixed-race offspring whose native identities became obscured through time. In the colonial project to eliminate the landscape of Indians, these mixed-race people simply became known as colored people through bureaucratic erasure in public records. In some cases such as in Virginia, even when people were designated as Indians on birth or death certificates or other public records, their records were changed to reflect â€Å"colored.† Census takers, determining a person’s race by their looks, often recorded mixed-race people as simply black, not Indian. The result is that today there is a population of people of Native American heritage and identity (particularly in the Northeast) who are not recognized by society at large, sharing similar circumstances with the Freedmen of the Cher okee and other Five Civilized Tribes.