B-boy the Local Scene Essay Example | Topics and Well Written Essays - 1750 words

B-boy the Local Scene - search ExampleThe culture is also further subdivided on the vicinity this is so because music and liberal arts in general is normally a reflection of a society. The lyrics in a song or the subject of facts that a movie refers to are normally borrowed from the occurrences in the society. Given the differences in the societal structure, the activities in whiz society may vary slightly with those of another. This is later reflected in the composition of the music in the locality (Kitwana 87). The t profess of Bloomington, Indiana, also has its own local hip hop culture. The culture, just like in American hip hop, is influenced by the national hip hop to a greater extent. Hip hop was a music mentality brought into existence by Americans of African descent. These people love rapping a type of level in which an artist simply counts his wordings accompanied by a beat to make music. To make them assume bulge out from any other music genre, artists of this type of music adorned unique type of attires. For instance, they spruced up in baggy and actually fashionable dresses which constituted baggy trousers, most preferably jeans, baggy T-shirts, and very expensive jewelry. Besides, the culture involves a show of liking for the basketball sport. This was a culture that was specifically coined out of the preferences describeed by the African American population in America. Given theikr big bodies, these people loved and played basketball very well. They thus incorporated the love for the sport in the music thereby succeeding in making the sport a black phenomenon. The city of Bloomington, just like many other cities in America, has a cosmopolitan population. It has both(prenominal) blacks and whites living together. However, African Americans tend to dominate in matters of entertainment. This thus implies that hip hop culture is a little bit more predominant in the entertainment scenes in the demography. A bigger portion of youths of the city appreciate the culture. This is a agent they portray in their mode of dressing, their hair styles and their speech patterns. Just like addressed earlier, the hip hop showcased in this city borrows much from the national and international hip hop scene. However, given the unique way of feel in this city, the trend in music and movie creation has a variance of its own (Watkins 78). arts and culture is strongly appreciated in the city. Bloomington is a home to a number of cultural centers which nourish been attributed to the growth of the hip hop culture in the region. There are a number of both professional and armature theater companies including the Indiana university department of theatre and drama. The other is the Bloomington Playwrights Project as well as the Cardinal Stage Company and even Theatre of the People. Besides, the streets of the city are dotted with clubs, cinemas and discos. This points to the fact that arts and culture are a vibrant social aspects of the p eople in the city. This is also a factor that has led to the development of the hip hop culture since very many artists in the city own their own in house production studios. Producing media content is therefore cheap and virtually anyone having interest has the top executive to put his interest into practice and turn their talents into sources of livelihoods. There are a number of national arts festivals held in the city that further support the growth of arts and culture in the city. These are platforms that confirm been used to help promote the hip hop cultu

Black Fish Movie Assignment Example | Topics and Well Written Essays - 500 words

Black weight Movie - Assignment ExampleThere are no records of the attacks thus trainers have little nurture on the risks involved in their job. The orcas are unhappy in this captivity and aggressive not to themselves save also to the trainers. This negligence witnessed in the way the orcas are treated, and this put the lives of the trainers in danger.The Blackfish film expounds on the mistreatment of orcas. This film focuses on the way the SeaWorld captured the orcas and kept in their captivity for human entertainment. Blackfish is one such documentary, which exposes the unkindness man imposes on animals and the plight of wildlife in marine parks as they undergo tameness and training to amuse humans and generate profitsThe filmmaker is making emphasis on grievous the stories of the trainers and their narrative pointing to the abuse and in the way SeaWorld keep the killer whale in captive.The film advocates on the plight of orcas. It is not adequately supported because it is foc using on the incidents Tilikum and his captivity but fails to digress in talking the other incident involving others killer whales. There is no differentiation of the incidents. The film is not excrete on how to treat SeaWorld. People interviewed in the film have the adverse opinion, and they do not fork over the solution.The film has perfect visual work, and different interviews blended with the mixture of footage of animations of parks and animals. This cinematography is trying to act upon clear vision and emotions on the subject of the plight of animals.

Question Essay Example | Topics and Well Written Essays - 500 words - 14

Question - Essay ExampleDue to the complex agonistic and fast moving world, it is pivotal for establishment to have the ability to innovate and install sooner. The role of leaders is vital for sustaining, creating and managing innovation. Leaders have the capability to be flexible in problem solving, intuition and postulate the quality of curiosity to the drive the growth and success of organization (Posner, 2012). leaders can change the mood of organization which can eventually help for innovation. Every successful organization has leaders who can accustom their head effectively, work open and supportive environment in workplace and finally facilitating idea with guts. Leadership role is also to inspire, collabopace and make creative process for the betterment of organization. Motivation of people in workplace, focusing on change management and setting direction are the critical role of leadership for sustaining innovation.Reward system for employee has been one method to imp ress the employees. The beneficiary factor of this system is that it can motivate employees for the benefit of organization. Reward is completely different from salary. Individual reward system is providing employee higher pay rate or other benefits on the basis of skills and dedication towards the work. Certain employee provides every effort necessary to make the company successful. This individual employee is provided rewards for their effort and will power. The reason behind the use of individual rewards system to create a clear plan, motivate to perform better. Individual reward can give provide large motivational factor than that of group rewards. It can simply boost the performance of single individual employee.The good implication of individual reward system can help other personnel in an organization to understand the reason behind the personal reward (Williams, 2012). This can effectively boost

Efficient Market Hypothesis Essay Example | Topics and Well Written Essays - 2500 words

Efficient Market Hypothesis - Essay ExampleImportance of effectual commercialise hypothesis can be identified from empirical implications of it in many pieces of seek and studies by empirical researchers. Literature on in effect(p) market hypothesis before LeRoy (1973) and Lucas (1978) was evolved around the random travel hypothesis and magnitude model. These are statistical description of impairment changes that can be Lo and McKinley (1988) forecasted and initially interpreted to be implication efficient market hypothesis. The first test of random passing game hypothesis was certain by J matchlesss and Cowles (1973), and they compared frequency sequence and reversal in historical growth of receiveds. They identified same signal of former pairs of consecutive renovation and the opposite sign of latter pair of consecutive return. Osborne (1959), Fama (1963 1965), Cootner (1962 1964), Fama and Blume (1966) conducted tests of random laissez passer hypothesis and supported previous studies of random walk hypothesis using historical stock return. Lo and McKinley (1988) inform that variance of two week stock return is double the variance of one week stock return. They conducted this test on US indexes from 1962 to 1985. French and Roll (1985) identified from their study that variance of stock return over weekends and holidays are much lower than variance of week days, especially first three weekdays of a week. Poterba and Summers (1988) and Fama and French (1988) found out negative correlation in US stocks indexes return from stock return data of 1962 to 1986 actually occurs.... In the process they use different forecasting techniques as well as some valuation methods. The combination of the techniques helps them in their decisions regarding investments. However, the hypothesis states that the techniques are not effective and no one has the capability to predict the outperformance of the market. If the investors enjoy any advantage, it is supposed not to exceed the incurred cost of transaction and research (Timmermann, & Granger, 2003, p.5). Literature review The origin of efficient market hypothesis can be traced back in the studies of two individuals in 1950s. One is Paul A. Samuelson and the other one is Eugene F. Fama. They identified the notion of market capacity from two different research agendas. Samuelssons contribution in the invention of EMH was great, and the researcher summarized that in efficient market, changes in asset (stocks, bonds and other traded instruments) price can be forecasted if these are properly anticipated. This means price should fully incorporate all the information and expectation of all the market participants. In contrast to Samuelsson, Fama surd on statistical measures of stock price and resolving the debate regarding technical psychoanalysis and fundamental analysis of stock price. This researcher summarized that current price stocks fully reflect all information available to market partici pants. These two empirical research studies on this critical area of finance have helped many researchers thereafter to develop several econometric single or multifactor linear asset pricing models (Seweel, 2011, p.4). Random walk hypothesis Importance of efficient market hypothesis can be identified from empirical implications of it in many pieces of research and studies by empirical researchers.

Democracy in Singapore Essay Example | Topics and Well Written Essays - 250 words

Democracy in capital of Singapore - Essay ExampleDespite all of this, Singapore is consistently ranked as one of the least corrupt countries in the world.The Singapore giving medication is lead by a Prime Minister and a President. The latter plays largely a ceremonial role, although the thought does contain some veto powers. The Members of Parliament are voted into parliament by the first-past-the-post system. The PAP has controlled Parliament either since the first election in 1959, although the opposition Workers Party was able to make significant inroads into Parliament in the 2011 elections.If Singapores citizens are able to demand more freedom, it is possible that the country will be able to become a more democratic society. The one thing in Singapores favor is that it is relatively corrupt free and is one of the better educated nations in Southeast Asia. If the government realizes that greater freedom will lead to a more productive economy then semipolitical change is poss ible in the not too distant

A Rose For Emily Essay Example | Topics and Well Written Essays - 1000 words

A Rose For Emily - try out ExampleIn While the theme of the past versus the present assumes numerous forms in this story, as in the clash between the two or the way in which the one intermingles and intersects with the other, this essay will stress on Faulkners modes of symbolizing the past and the theme of the pasts subsuming of the present.The past assumes various symbols in A Rose for Emily, with the most predominant being the past as the Old southwestward. The story whitethorn be interpreted as a narrative about the Old South, a South which has been beat-up and defeated by the North and by abolition. It is, however, a South which stubbornly and quite illogically insists on clinging to its former glories and, indeed, one which refuses to accept the passage of time or confront the changes which have been wrought upon it. The South is Miss Emily, personified in her refusal to pay taxes and her failure to acknowledge the new reality which surrounds her, culminating in her dismissi ve sermon of the towns authorities and her rejection of the very concept of the mailbox/postal services. The South is also the decaying hall the mansion which is falling into disrepair but, despite the ravages of time, maintains its haughty, superior demeanor. Last, but not least, the South is Miss Emilys black servant the man who silently goes about his duties, keeps Miss Emilys darkest secrets and when she dies, disappears. The implication here is that the past, as delineate in this story, is personified in Miss Emily and her servant and symbolized in the house. She is, as the unnamed narrator insists, tradition, a duty, and a care a sort of hereditary obligation upon the town. Miss Emily is, thus, symbolic of the Souths traditions and heritage.In his symbolization of the South as the old, isolated and alienated woman and her

Cost Accounting Methods Essay Example | Topics and Well Written Essays - 2000 words

Cost Accounting Methods - judge ExampleThe aim is always to get the edge on the competition, getting ahead in the mart in terms of product personifying, design and packaging, quality and availability. However, improving the efficiency of manpower and machine small-arm reducing make up and without sacrificing customer value is one important point in constitute story that fall upons review of a companys financial profile as delicate and argumentative between departments as ever.historic Cost Accounting is the traditional cost accounting method wherein the assets are cosmos valued at their original cost less their accumulated depreciation. Herein the revenues, expenditure and asset acquisition / disposition are being eternaliseed according to their actual value or amount received and paid to established the transaction. It allocates a companys fixed cost in a certain period to the cost of items produced during that period and records their core as total production cost.Examp le I obtaind a 100 sqm lot for $5k per sqm in 1995, except its value has appreciated to $20k per sqm in 2006. The amount of the lot or the book value of the asset that pull up stakes be recorded in the books is still in the value of $5k per sqm.Advantages This will let us record the book value as to its historical cost or actual value and thereby make our books consistent as to the assignment of set with regards to our companys assets. The value is reliable and is non bias.Disadvantages This will tend to continue the current trade value of the property or asset as defined. B. Historical cost does not record the fair market value of the property and thereby there is no realization of income state from the actual cost to the present market value difference.Disadvantages From the example above, an income realization of $20k less $5k can be determined if present market value is used. However, it is being denied in simplicity and in its form.C. Historical cost principle is simply the opposite of the current cost accounting principle. In historical cost accounting, the values were recorded and entered as to its value in history or the value at the measure of purchase and acquisition while in current cost accounting, the value of the assets were recorded as to the time it was being booked or the statements were being generated and prepared.Disadvantages This is simply made to elaborate the big difference in cost settings when an asset is being acquired years ago and when the asset is being valued as to its present market or appraised value or its value at the time of the preparation of the financial statements. Historical cost simply does not recognize the present market value of the acquired assets. cheer of asset in 1995 is $5k per sqm.Value of asset in 2006 is $20k per sqm. (present true market value)D. Considering the depreciation and the appreciation of a property, it ignores the fact that the value of a property could very well rise up or go lower on i ts time of operations. Disadvantages The concentration is mainly in cost allocations and not in the value of the

Absenteeism in the Workplace Essay Example | Topics and Well Written Essays - 500 words

Absenteeism in the employment - Essay ExampleThis is a global phenomenon however there is no consistent definition for absenteeism. In a general context absenteeism covers non-attendance at work where workattendance is scheduled. This includes sickness absence buy the farm various special leaves, such as bereavement leave and may also include cadence lost through industrial disputes. Workplace attendance and absenteeism are crucial to the industry oriented society. there is loss not only in name of productivity and economy, but also in terms of credibility and confidence of the employees. Excessive absenteeism also places additional pressure on employers and workers especially at critically important times. The causes for absenteeism are varied and are much dependent on the person taking leave. They weed vary from taking off for illness when in reality they are not ill at all to excuses like friends accident, death in family etc. There fall in been incidents where doctors have not only been pleaded with, but also abused and threatened to sign false medical certificates.

Ultimate career catch Research Paper Example | Topics and Well Written Essays - 1500 words

Ultimate travel catch - Research Paper ExampleOur main resource is your career preference. We use it to identify careers that scoop up fit you and your current situation. We entrust take care of the research and analyze the pros and cons for each choice. This report will reflect different career choices, salary ranges, location areas, benefits, education requirements, and job description. Our research will proffer tables and guides that will help you reach a conclusion. By the end of this report we will give our testimony through strategic planning, researching, and analyzing of report to a rewarding career that will fit your career involve and wants. In this report, we utilize the average income from the last two years to determine what income expectation you arse expect. on with that, we compiled our findings in a table that will establish trends of each career movement and developed a wide-range of opportunities to help us determine the important benefits for each career. This will eliminate the unnecessary careers so we can select the ultimate career catch. The salary of financial managers basically depends on the type of industry and location. simply the figures for May 2008 for the earnings of financial managers were $ 99,330 and the managers who werent at very high posts or at a very low post earned between $ 72030 and $ 135 070. Big organizations often pay more than than small ones. Most of the financial managers also receive additional compensation from their companies. These compensations are in the variety show of bonuses, and they vary according to the size of company.

Hewlett Packard Essay Example | Topics and Well Written Essays - 1000 words

Hewlett Packard - hear ExampleTheir e-services are based on is based on a multi-operating system strategy that leverages a suite of integrated applications upon which dynamic e-services can be built (Cook, 2001). Their e-services strategy r formulates around creating and delivering services all all over the net. To position itself as a company for helping a business mature of the cyberspace, HP needs to seduce three initiatives the ability to deliver highly reliable systems, the eagerness to supply services over the internet, and the support of the proliferation of mobile devices clients affair to stay in touch with the office and associates. HPs internet business model was supposed to provide customers an end-to-end solution and it failed to achieve its mission.Although technology was the linchpin of its operations and management functions, their control strategies were not in place. Knowledge portals in the form of internet, intranet or extranets have the most common func tion in communication forms. Portals help to attain well-versed and speedy transportation of cognition in any form. This improves interdepartmental communication, gives easy vex to information which means informed decisions. The emergence of familiarity management follows two paths. One is the application heavy IT oriented approaches which emphasize the acquisition and storage of knowledge. These include data warehousing, Yellow pages, document management, decision support systems.Every person in HP has access to intranet and it is based on the standards established by the management. Initially intranet was used mainly for publication of information but gradually it evolved to mission-critical operations and now is vital for day-to-day operations. All departments at HP did not evolve at the same pace and did not reach the same level of sophistication. Although they attempted to standardize the use and application of intranet,

Global Data Synchronisation for supply chain Case Study

Global Data Synchronisation for supply chain - Case ascertain ExampleThis technology is signifi stubt in hastening a speedy transfer of information from the manufacturer to the retailer. In addition, this technology is important in terms of improving accuracy and security of data (Gopal & McMillan 2005, p.58).This technology is deepen by the existence of a global network termed as the Global Data Synchronisation vane which is under the trouble of GS1. This organisation (GS1) is responsible globally in matters dealing with the design and implementing the global standards and solutions incumbent to enhance the efficiency and also visibility with regard to supply and demand chains existing crosswise verticals. On another note, this technology is necessary in the sense that, it enables trading partners to have access to crossroad information in real time. In addition, this technology is necessary in a globalized market where obtaining a la mode(p) information is critical for busines ses. For instance, any change made in a firms database mechanically reflects on other business partners database. This is made possible through the GS1 system that relies on the Global Trade Identification Number (Gopal & McMillan 2005, p.62).2.1 The industries engaging in retail and consumer products recognizes the urgency to change and slang a technology that would ensure system-system synchronisation with regard to products, price, the location, services and sharing of other information mingled with business partners. In order to achieve this milestone of data synchronisation that involves many systems, standards, businesses data management and electronic synchronisation have emerged as solutions to problems related to data sharing among business partners. Further, this technology is seen as a means to enhance efficiency and hastening responsiveness within the supply chain. With regard to this technology, trading partners can share two forms of data. The first is neutral data t hat can be shared among many parties and is considered to

Medicare social insurance program in the US Essay

Medic be social amends chopine in the US - Essay ExampleAs a result, no savings on their behalf, and an increase in poverty levels. It is important to denote that insurance companies ar always reluctant to offer insurance cover to the aged, the disabled, and other nation suffering from chronic diseases. This is because they are viewed as high risk areas, and as such, the insurance comp all might suffer extensive losings through payments of premiums. On this basis thitherfore, medi carry off addresses this problem, through the pooling of resources whereby almost every American citizen pays for the program through the paysheet taxes. By critically analyzing the market, this is the main aim that the national giving medication initiated the program, as such, there arent any other observable market inefficiencies that this program seeks to address. In regard to the paternalistic argument for the government battle in this market, it is important to denote that the constitution prov ides to a right in affordable health care to all Americans. On this basis, the government will only seek to carry out its functions in providing for people covered under medicare. This in turn will improve their health status, leading to the evolution of health individuals/ people. To determine if the program is successful or not, policy makers need to carry out surveys, asking the targets groups on whether they are benefitting from the programs or not. This people can provide this information, by identifying the various challenges that they are passing through, and how health check institutions are helping them overcame these challenges. There is also a need to carry out a research in the health institutions for purposes of identifying the effectiveness of the policy under... This paper critically evaluates the efficiency of the Medicare social insurance program and attempts to find economically viable alternative to Medicare. As for now, federal insurance contributions act prov ides the sources of financing this program. It allows the federal government to draw approximately 2.9% of the payroll taxes levied on workers and employers. Other sources of funding emanates from the premiums generated from people who have enrolled for medicare, and the oecumenical fund revenue of the federal government. The development of this policy has a number of economic arguments.Medicare helps to provide insurance against the cost that emanate from receiving health care. It is important to denote that the costs of accessing health care are what causal agency the Medicare program costs. There has been an increase in the cost of health, it is this increases that make the Medicare program expensive. If the government reduces these increases in the costs of accessing health care, then it is highly possible that the cost of running the medicare program will be low.The government manages to effectively implement this policy because of its availability of financial resources as a result, there is a ebb in private health care insurers. An aspect referred to as crowd out. It can be denoted that because there isnt enough competition for provision of this services, them the quality of health care provided might be compromised It is proposed to dislodge the medicare system from a policy run by the government to private insurers

Religon Buddhism Term Paper Example | Topics and Well Written Essays - 1500 words

Religon Buddhism - Term stem ExampleThe discourse would initi onlyy proffer a brief historical background of Buddhism, prior to determine its common practices and core beliefs. Likewise, the paper would present a personal experience visiting Buddhists wander of reverence and to relay the responses from a devotees point of view. History Diverse research literatures have uttered different views on the exact origin of Buddhism. thither are studies tracing the roots of Buddhism from the Indus Valley shade and the Aryans (A View on Buddhism, 2006, pars. 1 & 2). In a website About Buddhism (2007), its history indicates that the founder of Buddhism in this population is Buddha Shakyamuni. He was born as a royal prince in 624 BC in a place called Lumbini, which was originally in northern India but is now part of Nepal (About Buddhism, 2007, par. 1). Likewise, History World (n.d.) identified Nepal as Buddhisms point of origin, with Siddhartha Gautama, a Nepal prince, follows an ascetic l ife for six years before deciding that a middle path between mortification and indulgence of the body will provide the best anticipate of achieving discernment. He resolves to meditate, in moderate comfort, until he sees the light of truth. One evening he sits under a pipal tree at Buddh Gaya, a village in Bihar. By dawn he is literally buddha, an enlightened one. Like any other religious leader he begins to gather disciples. He becomes known to his following as the Buddha (History World, n.d., 1). Common Practices Buddhism reveals three common trainings or practices consisting of sila (virtue, good conduct, morality) samadhi (concentration, meditation, mental development) and prajna (discernment, insight, wisdom, enlightenment (Robinson, 2009). As averred by Robinson (2009), the practice of sila was premised on the principles of equality and reciprocity. Devotees are taught to acknowledge equality in altitude of all living things and to practice, what is commonly known as the Go lden Rule. The underlying idea for this practice is self-preservation. No one wants harm to be inflicted upon oneself. If everyone adheres to this principle, ultimately, no harm befalls mankind the good of all is preserved. By this, an unmarried treats everyone else with respect, grace and concern. This in turn, develops good relationship to others, consistent with their belief in karma. Core Beliefs The core beliefs of Buddhism centers on reincarnation, on diverse cycles of rebirth, karma, and on Nirvana, or the state of being free and liberated from suffering (Robinson, 2009). They likewise believe in Four Noble Truths, the Five Precepts, and the Eightfold Path, among others. These beliefs focus on respect for all living things, ending suffering through the eightfold path, and following commandments which are almost synonymous with the Catholics Ten Commandments, specifically highlighting avoiding killing, stealing, telling lies, misusing sex and consuming liquor or drugs, amon g others. religion Visit There is a Buddhist temple in Knost Drive, Mims, Florida known as the White litoral Buddhist Center. It rests on a 16-acre peaceful and beautiful land very near the Atlantic Ocean. There is complete serenity, simplicity and cleanliness in the worship place a conducive environment for meditation and reflection, of desire inner peace and enlightenment. The monasterys ceremonial hall serves as a worship place for devotees. The statue of Buddha is strategically located

Pu Essay Example | Topics and Well Written Essays - 1000 words

Pu - Essay ExampleThe approach of this paper in measuring the governmental concerns to wellness care issues across time is drawing on the information provided by the Policy Agenda project. The constitution agenda project employs the services of coders who are experts in categorizing political activities into mutually specialized topic areas. The health agenda is subdivided into 20 subtopics, which are among health care facilities, insurance access, and medical procedures among other divisions. In this volume, political activities over a 50-year period testament be analyzed. The paper will make a comparability between Denmark and US and analyze the changing political attention levels to health care (Longley, 2007). The political attention will be measured on basis of the subjects discussed in parliamentary debates and questions presented by members of opposition to the government.Every citizens expectation is that relative concerns to healthcare energize increased along with the rising demand for healthcare services. It is indeed true that through time the political attention on the policy of health care have increased tremendously in both political systems, i.e. in Denmark and in the US. The state of affairs put up be attributed to the politicians interest to serve the public to appease them that in future they might stand chances for considerations during voting. watchful examination of the overall progress in political attention to healthcare across time shows a gradual increase in the levels of the congress attention to the healthcare policy. The level of concern given to healthcare policy in both the US and the Denmark political systems ranged from 1.5 to 4 percent. This occurrence was with respect of the form of activities that were being carried out by both political institutions. By the year 2002, the level of attention given to the healthcare policy relative to other agendas in both

Individual Strategic Management Essay Example | Topics and Well Written Essays - 1250 words

Individual Strategic Management - Essay ExampleThe last part of the paper looks at one solid strategic wariness recommendation for the company.orchard apple tree designs Macs, the best personal computers in the world, along with OS X, iLife, iWork and professional softw atomic number 18. Apple leads the digital music revolution with its iPods and iTunes online store and it also offers iPhones and iPads (Blodget, 2013). Its mission dictation is We want to leave the world better than we found it.The company is comprised of a variety of stakeholders and these are individuals or groups of people who have a stake in the operations of the company. The employees, suppliers, distributers as well as management of the company are the stakeholders who directly control its operations. The shareholders and consumers are also major stakeholders of the company since these contribute towards the revenue enhancement it generates from its operations. Ordinary people in the environment in which the company operates are also stakeholders since they are touch by its operations. The government and other regulatory bodies are also stakeholders for this organization.The external environment of the company merchant ship be analysed through the use of Porters five forces model which comprises of the following factors barriers to entry by competitors, threat of substitute, bargaining powers of buyers, bargaining powers of suppliers and rivalry among the existing players (http//www.12manage.com/methods_porter_five_forces.html).The mobile communication technology industry is capital letter intensive hence it may not be that easy for other new entrants to penetrate the market. This message that barriers to entry are high which cushions Apple in its operations.This mainly depends on the buyers ability to influence the price. Apple products have premium prices which mean that the customers have little influence to change them. The products offered by Apple are specifically meant for th e rich and affluent people.The bargaining powers of suppliers

Legal Aspects of Supply Chain Management Case Study

Legal Aspects of Supply arrange Management - Case Study ExampleThe M.D. would like to clarify some details of the wadual piece of music based on these guidelines. The less favoured common uprightnesss (or slickness laws) for contracts are developed through individual contractual decisions by judges necessary to decide cases brought before them. On the other hand, statutes formed via legislations have pay back the commonest source of contract laws. These statutes are actually derived through Acts of UK Parliament. Since the exchanges of goods are within the United Kingdom, it is fundamental to none that all statutes can be applied to any combination of jurisdictions within the UK, whereas the common law jurisdictions are more limited.In order for the contract to be legally covering fire under local English law and statutes, it requires the main following contractual elements an offer and an acceptance.With respect to frozen food contracts, these elemental contract requirem ents require careful consideration.With respect to offer of a contract, it is an expression of willingness for both parties, MorrisBury (buyer) and FreezenGo (seller), to agree on certain bilateral terms that would benefit both sides. It must be made with the intention that the contract will become binding upon acceptance. The nature of an offer can be encapsulated by a case involving the defendant, Manchester City Council. The Council decided to sell houses that it owned to sitting tenants. In two cases, the claimants entered into intellects with the Council. The Council then resolved non to sell housing unless it was contractually bound to do so. In this case, the question arose as to whether or not the Council had entered into a contract. In the case 25, the Court of Appeal found that there was a binding contract. The Council had send Storer a communication that they intended would be binding upon his acceptance. All Storer had to do to bind himself to the later sale was to sig n the document and return it. In similarity, MorrisBury could make an unconditional offer which could be accepted by FreezenGo.In this case, if the supplier informs buyer that the offer is accepted, there will be a binding contract.It is particularly main(prenominal) for the buyer wanting to purchase frozen foods are interpreted as a legal binding contract.If MorrisBury constitute a formal offer to receive certain foods, then the they may be in breach of civil and even criminal laws if there are certain categories of FreezenGo who would not ordinarily be entitled to sell which are being offered 1. For an offer to be effective, an offer must be communicated. other way of stating this is to say that there can be no acceptance of the offer without knowledge of the offer. The primer coat for this requirement is that if we say that a contract is an agreed bargain, there can be no agreement without knowledge. There can be no meeting of the minds if FreezenGo is unaware of the MorrisBur y. Stated another way, an acceptance cannot reflect an offer if the acceptance is made in ignorance of the offer. In an exemplary case of 14, a policeman was

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Example for Free

Issues, concerns, and ch anyenges in environmental adjucation in the Filipino lawcourt dodge EssayIntroduction The court system is an integral part of environmental enforcement in the Philippines and has made galore(postnominal) key contri just nowions to the field. However, environmental fortunes do not always progress smoothly finished and through the judicial system. This composition is narrowed to identify important level-headed issues in the judicial system that shanghai or limit environmental adjudication. 2 The issues atomic number 18 divided betwixt access to and competency of justice, and effectual procedures. bit many of these issues could be analyzed further, this newsprint entrust advancedlight the 1s to which attention should be net profit in any to a greater extent(prenominal) comprehensive study of Philippine environmental case constabulary. 3 This paper entrust also practice examples and case studies from the United States to illustrate impo rtant legal points, since the U. S. and Philippines realise comparable legal systems. II. Issues A. Legal Procedure and Rules of the hail Because of their unique and complex record, environmental cases be just about measures hindered by legal mechanisms and disc overs of procedure designed for non-environmental cases.These include rules on standing and yr deed suits that ofttimes do not take into account the fact that environmental damage impacts e very(prenominal) last(predicate) citizens. Further more(prenominal), the nature and science of environmental violations often instrument that statute(predicate)s of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be appreciationd intern wholey by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many really present problems for plaintiffs, is crucial. 1.Standing of Plaintiffs and Citizens Suits In environmenta l cases, a plaintiff may not necessarily be legally injure in the traditional sense by an act of environ-mental destruction to impair his livelihood. For example, plaintiffs cannot find damages for fish killed by contamination because they lose standing, in spite of the obvious economic loss they suffered. 4 While the destruction of natural aesthetic beauty is a moral outrage that indirectly harms all citizens, down the stairs traditional legal standing person no would corroborate standing to sue.5 Furthermore, environmental fairnesss are designed to pr compensatet catastrophic harm that is often not imminent or check offed to one geographic area, as opposed to the fix, immediate harms that provide the basis of some standing requirements. 6 morose rulings on standing could stifle environmental enforcement, e sparely since the Philippines lacks sufficient enforcement capacity and personnel. The Philippine Supreme motor hotel has held that standing requiresSuch personal s take in the outcome of the controversy as to assure that cover adverseness which sharpens the presentation of issues upon which the court depends for illumination of knockout constitutional questions. 7 The plaintiff himself moldiness(prenominal) build some cognizable and redressable soil. Litigating for a general familiar interest, or mere invocation of plaintiffs duty to preserve the rule of police force is not sufficient to clothe it with standing. 8 However, the standing requirement is considered a technicality that courts may waive if the case concerns a paramount public interest.9 In its dictum in Oposa v. Factorum, the apostrophize said that children mightiness even hold up intergenerational standing to sue to prevent the destruction of forests for early generations. 10 There are questions as to the strength of these to melt off the standing threshold for environmental plaintiffs. While courts may waive technical standing purvey when a case deals with a paramoun t public interest, it is not required to do so. 11 Furthermore, adjudicate may reasonably differ on what constitutes a paramount public interest since in that respect is no overridingtheme o de attractive it. For example, in Kilosbayan, the Court constitute that determining the legality of an online lottery system fell inside this definition, whereas in coordinated Bar, it held that determining whether deploying marines for crime deterrence violates the Constitution does not. 12 The Court did slim down some of this ambiguity in Oposa by declaring that the right to a balanced and healthful ecology concerns nothing less than self-preservation and self-perpetuation, presumably a paramount public interest.13 However, because the Courts discussion on standing in Oposa was dictum, uncomplete this claim nor the right to intergenerational standing is binding law upon the lower courts. 14 Without further guidance from the Court, it is belike that many lower court decide would be lo th to act boldly by declaring that a particular issue is a paramount public interest and would deny standing. sex act tried to reduce the standing threshold with citizen suit provisions in environmental statutes, but these guard been of limited use thus far.First, only the Philippine Clean Air and ecological Solid Waste Management Acts contain citizen suit provisions15 notably, the Philippine Clean Water Act, enacted after these two laws, does not. 16 Second, citizens however bear the risk of paying a winning defendants attorneys fees, which could be represently enough to discourage even valid suits. Most importantly, these suits are still subject to the echt controversy requirement of the Constitution. 17 What this means in the context of citizen suits has not yet been heavily litigated in the Philippines.However, lower court judges often require plaintiffs to show actual injury in the narrow or traditional legal sense. 18 Likewise, when prosecutors deputize citizens to enfor ce a suit, judges sometimes put forward that much(prenominal) deputization is only valid for a single case or even invalid chthonic the Rules of the Court. 19 As a result, citizens suit provisions imbibe been largely unused. 20 Standing under environmental laws is hotly contested in the U. S. 21 The U. S. has put citizens suit provisions into almost all of its environmental laws.22 Plaintiffs are required to show 1) an injury in fact, 2) causation between the injury and the defendants actions, and 3) redressability in court. 23 NGOs can sue upon a showing that any of their members would have had standing to sue. 24 The focus is not on the injury to the environment, but rather the injury to the plaintiff or NGO representing him. However, the injury can be economic or non-pecuniary, including aesthetic or unskilled value. 25 The Court also held that civil penalties payable to the U. S. Treasury serve as redress as they deter polluters.26 Causation is often the more difficult elem ent to sanction, which go out be discussed at a lower place in 4. In New Zealand, the Environment Court has interpreted a more radical approach. It has eliminated positive standing provisions, requiring only that a plaintiff have a greater interest than the public largely in a controversy or that he represents a relevant public interest. 27 This makes citizen enforcement very easy. However, one might also be concerned about whether this would overburden the court granting standing is a fine balance between permitting valid environmental claims and risking frivolous judicial proceeding.2. curriculum Actions and Large Number of Plaintiffs As the notorious mudslide at Ormoc in 1991 and Marcopper mine tailings in Marinduque show, injuries from environmental damage can be grave, costly, and relate a huge number of persons. 28 Even in less publicized events, the number of injured persons may often make individual litigation burdensome and complex. Furthermore, some members of an i njured syllabus may be too poor to prosecute their claims individually. Class action suits can help litigation of such situations by providing forThe protection of the defendant from inconsistent obligations, the protection of the interests of absentees, the provision of a convenient and economical means for disposing of similar lawsuits, and the facilitation of the spreading of litigation costs among numerous litigants with similar claims. 29 Other studies have shown that single out action suits can provide important social benefits and encourage citizen enforcement to supplement agency regulation. 30 Class actions may the discourage attorney disloyalty that encourages lawyers to plea bargain for less than the actual injury.As happened in the Chinese poachers case in Palawan, lawyers or prosecutors may not seek full compensation for the damage caused because they have an incentive to expend less time and funds on a small case. 31 However, because class actions provide aggregate incentives for lawyers, and fees and settlements undergo higher judicial scrutiny, such disloyal settlements are less apparent to occur. 32 While the Philippine Rules of the Court provide for class action suits,33 judges will sometimes be reluctant to avow classes and instead carry on the injuries of plaintiffs as separate, despite any common questions of law or fact.In Newsweek, Inc. v. IAC, the Supreme Court ruled that a defamatory remark directed at 8,500 sugar planters do not necessarily apply to every individual in a group, and thence are not actionable as a class action. 34 Likewise, a judge might refuse to certify a class of pollution victims because they suffer different types of physical injuries, even if the author was the same pollution. In a more litigated legal system, there would be more case law to guide judges on the appropriateness of class actions.However, in the Philippines, this does not yet exist. Add to this the high cost for lawyers, and class actions be come even less feasible for most Philippine plaintiffs. 35 In the U. S. , it is much easier to litigate environmental class action suits. The Supreme Court has clearly instructed courts to construe its class action rules liberally and encourage class action suits. 36 This limits judicial discretion in refusing to certify classes to only extreme situations. Furthermore, the rules allow plaintiffs to join by de accuse rather than affirmatively.37 For environmental cases, the courts will look at the potential number of plaintiffs or the size of the estimated areas that a pollutant has infected to see if plaintiffs have met the numerosity requirement, but they are not required to meet a certain minimum number. 38 For the Philippines, which, unlike the U. S. , has too few environmental class action suits, adopting some of these mechanisms may create a more efficient adjudication process for plaintiffs, defendants, and the courts. 3. Statute of Limitations and Delayed InjuriesUnlike a tra ditional tort or crime, many environmental injuries are not discrete events but only manifest themselves after many age. Pollutants may build up in soils, waters, or human bodies for years without r all(prenominal)ing a serious level. Cleanup of such sites can take even longer. For example, when the U. S. military leave Subic Bay in 1992, it left behind hazardous waste sites with contaminated water that continue to poison the land over a decade later. 39 However, for environmental torts, the statute of limitations is four years, a relatively brief time.This could preclude the litigation of injuries from pollutants with an onset delayed for many years. Thus far statutes of limitation issues have not been a material factor in environmental litigation. The Philippine Supreme Court addresses similar problems in other field of law with the discovery rule, allowing the statute of limitations to run when the plaintiff actually or should reasonably have spy the injury. 40 However, as t he courts handle more brown environment cases, it will have to address the tensions between punishing past violators and protecting defendants from time-barred claims.41 U. S. courts have adopted the due diligence discovery rule, in particular for Clean Water Act and wetlands violations. Because immediate detection of pollution or illegal fill into a wetlands is almost infeasible, applying a statute of limitations strictly would defeat the remedial purpose of the act. 42 Courts give to rear the Congressional purpose of the statute with the due diligence discovery rule and giving the judicature a chance to file action against the polluter once the violation is reported to the EPA.43 Some courts44 stimulate that a statute of limitation may be inappropriate for cases when pollution continues to cause problems over time. These courts solicit that a Defendants unpermitted discharge of dredged or fill materials into wetlands on the site is a continuing violation for as long as the fill remains. Accordingly, the five-year statute of limitations has not yet begun to run. 45 The statute of limitation will not run for as long as the pollution remains.Many courts will also treat common law tort nuisances as continuing violations. 46 This approach has the added benefit of allowing the government to fine violators for each day the pollution remains, capturing the more of the costs of environmental destruction. 47 Much of U. S. case law regarding the effect of statutes of limitations on environmental issues comes from ambiguities in the statute of limitation for complex processes, specially the Comprehensive environmental Response, Compensation and Liability Act (CERCLA), or Superfund law.48 Because Congress anticipated the complexity and long-term nature of site cleanups, it structured the statute of limitations in a flexible manner, allowing the court hear an initial cost recovery action prior to issuing a declaratory judgment to avoid letting the statute run. It also allows the plaintiff to file subsequent cost-recovery actions to recapture further response costs incurred at the site. 49 However, the laws different statutes of limitation for remedial and removal actions phases of the cleanup has led to confusion over how the phases are defined.Courts often defer to EPA determinations in characterizing the type of action due to its technical expertise, rather than make that judgment itself. 50 4. Meeting the Burden of Proof In environmental cases, there may be no line of direct evidence from the perpetrator to the harm. In pollution cases it is often im practicable to prove that the plaintiffs harm was caused by his exposure to the toxic material. 51 For example, if several factories dump pollution into capital of the Philippines Bay, it is impossible to determine which caused a particular environmental harm.Furthermore, the courts cannot expect absolute scientific proof on the effects of a health risk such as electro-magnetic fields fro m advocate cables. 52 Given these problems, the traditional burden of proof standards, preponderance for civil cases and beyond a reasonable distrust for criminal,53 may prove to be prohibitively high. Philippine courts employ liability-shifting mechanisms to manage this difficulty in environmental cases. For example, pursuant to the Fisheries Code, courts use reverse burden of proof to place the burden of exculpation on defendants found with high-explosive or cyanide fishing gear.54 Furthermore, the courts have begun to experiment with the precautionary principle, placing the constitutional rights to health and rubber above development. 55 The courts also employs res ipsa loquitor in tort suits,56 although this has not been a prominent sign of environmental litigation. Plaintiffs may also hold multiple defendants jointly and severally liable for an act of environmental destruction that cannot be traced to a single defendant company, such as the pollution in Manila Bay. 57Until recently, Philippine lawmakers did not see a look at to introduce a strict liability58 regime into environmental laws. 59 Strict liability was employed in other fields, but not environ-mental laws. more than recent anti-pollution laws such as the Clean Air and Solid Waste Management Acts establish that a violation of the standard is actionable through citizen suits. 60 In U. S. , because of its common law tradition, courts are more willing to employ strict liability. Generally, when a defendant, though without fault, has engaged in a perilous activity , there is no justification for relieving it of liability.61 Such perilous activities include operating explosives, nuclear energy, hydropower, fire, high-energy explosives, poisons, and other extremely hazardous materials. 62 For citizens suits under environmental statutes, plaintiffs need only show that the law was violated, not prove fault or any actual or threatened harm, without regard to mens rea. 63 When it is impossible to d etermine the proportion of fault of a large number of defendants, U. S. courts may approximate fault through other indicators, including market share and production output. For example, in Hymowitz v. Eli Lilly Co., the New York Court of Appeals calculated the size of each defendant drug companys market share for DES to determine their fault in the injuries caused by the drug. 64 This also allows courts to address injuries sustained in the past by approximating past fault through data available in the present. The Environment Court in New Zealand has adopted an even more radical approach and through away with formal burdens of proof. It focuses instead on obtaining the best possible evidence for a case. This makes it easier for plaintiffs appealing to the court to dis reside an unfavorable opinion from a lower court.65 While the Philippine Supreme Court may not wish to go this far, the court could more strict liability for hazardous materials and market share liability tools. 5. Da mages and Remedies Even if a plaintiff wins damages from a defendant, if the defendant keeps polluting or cutting trees, the damage will continue. 66 In the Philippines, this is particularly problematic as the fines and penalties imposed under law are often not enough to variety show a companys behavior. In order to encourage development, Congress prohibited temporary restraining orders against government projects.67 Since government infrastructure projects can cause massive damage to ecosystems, this prohibition is significant. Some courts try to avoid this loophole by claiming that the prohibition cannot violate a persons constitutional right to health or safety. 68 The extent of this loophole is unclear. Finally, even if a plaintiff or prosecution wins its case, most of the time the true costs of the defendants actions will not be reflected in the award. Damages in civil cases and punishments in criminal cases generally capture the costs of any suffering caused to macrocosm, no t animals or plants.While some settlements may include forcing a defendant to install pollution-control equipment or contribute money to conservation programs, this still likely does not recoup the full extent of damage to the environment. It is difficult to reconstruct natural forest, coral reefs, or populations of endangered animals. The judicial system does not have much power to remedy this problem. The decision on the purpose of environmental laws and how much plaintiffs recover is for the Congress. However, it is important for judges to get word that environmental cases deal with only a fraction of the true costs of environmental damage.This may influence some judges to be more sympathetic toward environmental cases. While punishments for defendants may seem exorbitant, savvy the unaccounted costs of environmental damage puts these into perspective. B. Access to and Competency of Justice Aside from the legal issues described above, in any country, there are a host of pract ical and logistical issues that impede the judicial systems ability to handle environmental cases. This includes the lack of financial resources of plaintiffs, particularly in poorer parts of the Philippines.Plaintiffs and their lawyers must(prenominal) also feel safe from physical and financial harassment while litigating their case. On the other hand, two courts and lawyers are often unfamiliar with environmental laws and science, limiting their ability to adjudicate in the field. Finally, court dockets are often congested, and environmental cases are not given priority. The judicial systems role in addressing these issues ranges from fairly touch ond to almost no role. Yet, in attempting to picture environmental adjudication in the Philippines, it is crucial to bed the role these practical realities play.1. Financial Costs of Adjudication In any legal system, register and litigating a case takes an enormous amount of time and money. Philippine courts impose a filing and tr anscript fee, although these are waived for citizens suits. Reflecting on his experiences, famous environmental attorney Antonio Oposa suggested that these costs were the greatest inhibitions for most plaintiffs. 69 Furthermore, for injunctive remedies, plaintiffs must post a bond to cover the defendants potential damages, which may be too large for a poor plaintiff with livestock and property as his only assets.70 Most Philippine lawyers do not use a contingency fee system, so plaintiffs must be able to pay for legal services up front and over the lengthy litigation process. 71 On go by of this, there is the risk of financially crushing harassment suits from defendants, or Strategic Lawsuit Against Public partnership (SLAPP). Even the logistics of feeding and housing witnesses, and their lost time from act as, poses significant problems for predominantly poorer plaintiffs. In the U. S. , NGOs often ask over enough donations to allow them to engage in litigation and have staff l awyers. More importantly, plaintiffs attorneysoften work on a contingency basis, allowing poorer plaintiffs to avoid large financial risk. Furthermore, NGOs and environmental groups seeking injunctive remedies are often required only to pay a nominal bond or may be exempted completely. 72 While some might worry this makes litigation in the U. S. too easy, it drastically improves poor batchs access to justice. Pursuant to the Constitutions emphasis on the poor, the Supreme Court of the Philippines has taken some efforts to alleviate this problem. Poorer plaintiffs are exempted from paying docket, transcript, and other fees and are granted free legal counsel.Furthermore, the Court provides an annual grant to the Integrated Bar of the Philippines Free Legal Aid Program. 73 However, not all environmental plaintiffs qualify as poor, particularly NGOs, even though they often have limited financial resources. Furthermore, even though the amount of the bond is under the discretion of the j udge, judges are reluctant to do this because they worry about being accused of abusing their discretion. 74 2. Harassment of Plaintiffs and Lawyers Because of the high stakes involved in environmental cases, defendants may go to extraordinary means to intimidate and harass plaintiffs and their lawyers.It is not funny for defendants to lodge harassment or SLAPP suits against environmental plaintiffs or DENR prosecutors to attempt to force them to drop their charges. 75 Enforcers who confiscate the equipment of criminals are often sued for robbery. 76 Some defendants take even more extreme means such as physical violence or even murder. 77 Such dangers were recently illustrated by the murder of environmental advocate Elpidio de la Victoria and death threats against attorney Oposa. 78 This makes lawyers unwilling to take on difficult environmental cases.To stifle SLAPP suits, the courts should promptly apply the anti-SLAPP provisions in the Philippine Clean Air and Ecological Solid Waste Management Acts when applicable. 79 This means banishing any harassment suits as quickly as possible. However, plaintiffs relying on other laws have less protection. 80 Congress must expand the use of anti-SLAPP provisions to other environmental laws. Furthermore, law enforcement must vigorously prosecute any defendants who resort to violence. In short, to facilitate environmental cases, the court must protect the ones bringing the cases. 3.Technical Knowledge Among Judges and Attorneys Judges must decide questions of science as well as law in order to dispose of most environmental cases. This is particularly true for brown issues, which involve uncertain science regarding the exact effects of a pollutant. In the U. S. , scientific understanding of pollutants led to new classes of trespass and tort suits that held emitters liable for their actions. 81 However, both sides in a case will try to use any scientific uncertainty to their advantage, or even create scientific uncerta inty even when it does not exist in order to throw the court.Judges must understand what scientific evidence should be admitted and what is not valid. 82 Judges and lawyers need to understand the science well enough to determine which arguments are unfounded and which are plausible. Because general the courts have general jurisdiction and are not specialized in environmental issues, this problem will have to be addressed by providing judges and lawyers with supplemental training in environmental sciences and law. PHILJA and other organizations are already successfully doing this. 83 Eventually, however, this problem may be resolved through a channel in the adjudication system.If the Philippines cans toward environmental courts or administrative adjudication84 (as is being considered), judges would be trained specifically to handle environmental cases. 4. Obtaining and Preserving Evidence For green issues, preserving evidence may be difficult. After an illegal logger or fisher is captured, DENR can confiscate the logs and fish. These goods rot or deteriorate over time. Proper procedure requires fetching pictures of the logs and fish for admission into court. Specially trained fish examiners prepare reports on the cause of death of fish.When done correctly, this preserves the evidence for use at court. However, some areas may not have fish examiners on hand or the prosecution may not properly prepare the pictures for admissible evidence. It is not uncommon for custodians of the confiscated items to lose track of them over time. Because cases take so long in the court system, this can be a real problem. 85 It is also difficult for enforcement agents to find and confiscate the equipment and vehicles used in environmental crimes, as the boats and trucks perpetrators use are highly mobile.Despite the inconvenience it may cause defendants, such equipment must be held as evidence and to prevent further environmental damage. The accused, or unindicted conspirators, will often call for for the release of their equipment. 86 Unfortunately, sympathetic lower court judges may sometimes grant these requests, despite the contravening case law. 87 Moreover, prosecutors must have the vehicles stored in a safe area despite the lack of storage space. Finally, it is important for enforcers to determine the location of violators, particularly close to the boundaries of natural parks.Community enforcers may not be trained in determining the exact location of where they apprehended the violators. Wealthier units can use GPS, but often the location of apprehension is disputed. 88 Any doubt in this area can subvert the prosecutions case. 5. Docket Congestion In many countries, including the Philippines, courts are overburdened with cases. Yet, the Philippines forests and animals are already disappearing quickly. Irreversible damage to ecosystems can occur much more quickly than the many years it may take the court system to resolve a case. As Prof.La Vina noted, the environment cannot gestate for the court system. 89 According to Justice Nazario, the Philippines needs over 300 trial court judges to fill the vacancies and resolve pending cases. 90 Low pay discourages the few who are qualified. Many of these vacancies are in remote parts of the country, such as Nueva Ecija, Occidental Mindoro, and Surigao Norte, where much of the fishing and forestry violations occur. Furthermore, the Supreme Court is burdened by the large amount of cases granted review each year, including the automatic review for death penalty cases. 91Given this burdensome congestion, environmental cases are not given any special treatment on their own merits. Criminal environmental cases may be somewhat more pelt alongd because they involve criminal punishments, but most judges and lawyers show no urgency with regard to environmental cases. 92 The Supreme Court attempted to alleviate this problem with Administrative Order No. 150B-93, setting up special courts to handle illegal logging, but these remain underutilized. 93 Until cases can move through the court system more quickly, the enforcement of environmental law will be delayed.III. Conclusion This paper has highlighted important legal and practical issues preventing efficient adjudication of environmental cases in the Philippines. However, due to logistical and budgetary constraints, this paper focused broadly on case law from the Supreme Court and the personal experiences of lawyers. In order to fully understand environmental adjudication throughout the court system, further research should ideally analyze environmental cases from all municipal and Regional Trial Courts, Courts of Appeal, and the Supreme Court.It is important to see how cases area actually treated, particularly with respect to the issues examined in this paper. Furthermore, there may be important regional variations, particularly between areas with more natural resources and more urban areas. Even before such a study is undertaken, the courts can apply several lessons from this paper in the near future. First, while the courts have already taken commendable steps to waive filing fees and other costs for paupers, as mentioned above the definition of pauper may be under inclusive by not including NGOs.The courts should consider other definitions to reflect the realities of environmental NGOs. 94 Second, the Supreme Court should instruct the courts to dismiss SLAPP suits expeditiously. While the natural resource laws may not have anti-SLAPP provisions, Congress clearly did not intend to encourage such suits and there is nothing legally preventing the courts from dismissing them faster. Finally, the courts can address standing for citizens and class action suits. In particular, it should set out a clear position on standing in environmental cases.Other challenges will require long-term planning for the courts. Reducing the docket congestion is critical to expedite justice, although doing this will likely take years and require more judges. Likewise, the ongoing effort to train judges and lawyers in environmental law and science must continue, particularly as new judges and lawyers bring out the judicial system. The courts should also familiarize themselves with the legal mechanisms available to them, particularly in shifting the burden of proof.However, this will be most useful in pollution cases as they become more common in the future. Ultimately, the challenges described above will require multifaceted solutions from various stakeholders in the Philippine legal system. For example, Congress must work to improve standing and citizens suit provisions in other environmental laws. To reduce the financial risk of brining a suit, law firms could move toward a contingency fee system. Furthermore, it is the responsibility of DENR and environmental agencies to ensure that evidence is properly recorded and preserved.Finally, as the Philippine grows and wealth spreads, more plaintif fs will be able to undergo the financial costs of adjudication. Eventually, the best solution to these challenges may come not from within the courts but from a new adjudication system. The U. S. has worked successfully with administrative adjudication for environmental issues in the EPA and Department of Interior. Other countries have set up independent environment courts. Based on the results of further studies and the needs of the country, the Philippines may move to adopt one of these models.This would allow expert adjudicators to handle cases under rules that make sense for environmental issues. Finally, it is important for judges at all levels of the judicial system to understand the severity of environmental degradation in the Philippines. The only redress environmental plaintiffs or prosecutors may have is in their court. Thus, they should not be reluctant to grant standing or award large damages, when appropriate, because doing so will ensure that both humans and the enviro nment have their proper day in court.

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Compare and Contrast of Short Stories EssayIn The Ones That Walk out From Omelas and The Lottery, Ursula Le Guin and Shirley Jackson portray a supposedly perfect society built on clandestine secrets. In the short narrative The Ones Who Walk Away From Omelas, Omelas inhabitants are smart and cultured, and it seems like a utopian city of happiness and delight. Everything about Omelas is your every desire, disregarding the secret of the city the good sequel of Omelas requires that a single unfortunate child be kept in never-ending filth, darkness and misery, and that all told its citizens should be told of this when they come of age. After the truth is told to the people of Omelas most are initially shocked and gross out and somehow manage to live there life and make it worth it for the childs public others just walk away from the city of Omelas. In the short story, The Lottery, a small small town of about 300 have an annual lottery women, men, and children participate, to s ee who will be the chosen whiz to guarantee enough rain for the corn crops. The winner is to be stoned to death. The way the authors use ridicule to depict the story societies as wonderful and perfect then towards the end the dark secret is observed is very intriguing and captivating, which makes you want to keep reading.In the story, The Ones Who Walk Away From Omelas, Omelas seems to be this beautiful and lightsome place. The story takes place during a festival and there are children running around laughing and there is music. It talks about a race and how the horses are excited, (the horses) flared their nostrils and pranced and boasted to one another with silver, gold, and green braided into their manes. The story has and air of excitement and celebration that is soon questioned when the author begins to talk about the child.

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Egypt and Mesopotamia Comparison EssayEgypt and Mesopotamia not only differed in their swap and culture, but also in their politics and form of government. Despite the differences though, one is able to notice several(prenominal) similarities between the two civilizations. First of all, Mesopotamia was ruled by poufs and queens and nobles could usually attain index number as they attained a higher economic status. In Egypt, it was the pharaohs who the authoritive power. In Mesopotamia, the state also had supreme power in the economy and agricultural affairs. Pharaohs were the supreme judges and law makers, as were kings in Mesopotamia. They did have advisors and pietism influenced their policies, for example, religion in Egypt is the bureaucracy and actions as did in Mesopotamian civilizations. An example of how morals had an influence in the Mesopotamian laws and policies is Mesopotamian king Hammurabis Codes Laws on family relationships. In these codes relied heavily on th e principle of lex talionis, or the law of retaliation essentially meaning an eye for an eye.Egyptian law was based on truth, order, balance and justice in the universe. This fantasy allowed that everyone, with the exception of slaves, should be viewed as equals under the law. One can notice, however, that when Egyptians carried out punishment in their people, they would be relatively unfair. Both civilizations had politics centered around cities or populated areas. This is true because areas or centers that were more than(prenominal) populated were more likely to support differences in ideologies, so there would tend to be more conflicts requiring a higher authorative power.The people of these two civilizations were pretty loyal to the policies, especially when they considered the consequences that they would face if they didnt. For pharaohs in Egypt, their successors were usually their offspring and they carried the empire. In many Mesopotamians though, the kings that ruled di dnt necessarily have to be relatives of the previous kings, though they did take the ways of ruling of the previous kings to learn from them and make sure to be more efficient, as did the pharaohs.

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Examine the Concept of the State and Election EssayRobert Rosen wroteI will begin by stepping back a bit, by supposing that we do not yet grow a notion of state at our disposal. In effect, I will re hold dear to the level of percepts and perceptions and treat the self as a pure observer. The idea of state, being a concept and not a percept, thus does not yet enter the picture at all. Thus, all we have is the self feel out at its ambience.What does it see?All the self can see is a sequence of percepts, staged by its subjective sense of time. We suppose that the self can choose which percepts it will look at (in more sophisticated language, which variables it will measure) and whether it will look continuously or sample at clear-cut intervals. (Subjective) time is itself a complicated concept (see AS), but it is a primitive that we can take for allow at this level. Thus, the result of the self looking at its ambience is only a tabulation a list of what is seen, indexed by whe n it is seen. Such a list we shall call a chronicle.Chronicles can thus be completely arbitrary things, at least insofar as what is tabulated in them is concerned. Weather bureaus, stock exchanges, number takers, and a host of other familiar institutions provide endless streams of them. In the scientific realm, they are data. To the historian, solo concerned with what happened when, they are the very stuff of existence.

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manila Metropolitan Theater EssaySomething that possesses true beauty such as The Met will never drowse off its allure and splendor regardless of age and time. Anyone who passes by Lawton, Manila in one way or another may have seen the Manila Metropolitan Theater, The Met, or the great dame of theaters as others would diagnose it. It is a structure still noticeable for its grandeur and opulence in spite of being built in the year 1931.On March 3, 2013, we made our way to Padre Burgos Avenue, Manila, to witness the true magnificence of The Met. The recovered Art Deco style building that was designed by Filipino Arch. Juan Arellano came into view and noticeable right aside were its pinkish faded walls adorned with cloud engravings, spires, and bronze sculptured deities by the Italian sculptor Francesco Riccardo. capiz and colorful tiles in an ethnic Malayan design atomic number 18 used for lights. And at the center of it enamor sits the stained glass made by Kraut Art Glas s, a German company.Inside the lobby, noticeable are the woodcarvings of mangoes, bamboos, bananas and native plants on the walls and ceiling. By the staircase are sculptures of Malakas Maganda and the paintings of Fernando Amorsolo. The proscenium arch is seen by the theater stop in perfect view of the 1670 seats. But what could be the most impressive part is the Grand dance palacea striking room that has regal chandeliers, parquet wood flooring and a balcony leading to an splay area.Our visit made us realize that during its celebrated days, The Met is home to theatrical performances, operas, musicals and zarzuelas but today, sadly it is unexpended dusty, abandoned with falling debris, rooms filled with flood water or having dilapidated floors, cobwebs and litter. But despite this, its magnificence craves to be revived. It is a treasure waiting to relive its glory and be a testament to the true beauty of Manila.

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Tean time driving EssayImagine you just hit a railrailway car head-on. Its probably because you are under the influence. This is why experts say the driving age should be embossed to age 18. The minimum driving age differs from state to state. The lowest driving age in the joined States is 13. That is in the state of Nebraska. You create to be thirteen years old qualify for a nurture husbandry permit. The 13 year old croup operate saturnine-road vehicles used in farming. The g all overnment is considering altitude the legal driving age. It should be raised because most of the teens who willing or are driving will be doing things they know they should not do.They do things alike texting on their cell phone and speeding over the limit. It is also because they are under peer pressure. elevator car accidents are mostly caused be teenagers. They take their testify lives when they dont wear their seat belts or are out past their curfews. The law keeps the choose age at 18 and buying alcohol at 21 but let a 16 years old collapse the responsibility of taking the busy streets. The legal driving age should be raised to age 18 because most teenagers are not responsible, most teens text dapple driving, and lives can be saved.First, the driving age should be raised because most teens are not responsible. Car crashes that are caused by teenage drivers are the number one assassinateer of teens in America today. They protrude most surrounded by 15 and 21 year old. 13% of teens said that they have been in a car with the driver had drunk alcohol before driving. 14% of teens say that they drive after(prenominal) drinking. 36% of teens say that they had ridden with a driver who had been drinking. Motor vehicle crashes dash off between 5,000 to 6,000 people every year. Driving is something that requires focus and decision making. Teenagers are still developing self- tell and appropriate emotional responses to a deceaserence that might be going on. Road rage is used to describe the emotional response of something like anger or frustration that teens can experience while behind the wheel.Some teenagers get psychic trauma just because they know that they should put on their seat belt and they dont. Also, it is because the teenager doesnt go home at their curfew. If a teenager wears his seat belt it reduces the risk of dying by 45%. Teenagers are the youngest people to not wear their seat belt. Teenage drivers are much likely to have a car accident since theyre under the influence of alcohol. A drivers pass provides privileges other than driving. Four out of six teens that drinks and drive kill drivers 20 or younger that prove in a fatal crash. One out of three teens will have a car accident within the first two years of driving.Secondly, the driving age should be raised because teens are texting while driving. 56% of teenagers answer and make phone calls while they are driving. 13% of teens say that they have sent and responded to text messages while driving. 45% of teens said that they would speak up if someone else was driving in a way that scared them. Texting while driving gives you a four times of a venture to having a car accident. Distracted drivers account for 80% of crashes that was from 18 to 20 year old. If we get teenagers off of the roads, then there would be fewer car crashes.Next, if teenagers dont drive, lives can be saved. Allison Reboratti was a 19 year old. She had boy hotshot named Steven Filipak. They both are in the state of Pennsylvania. Steven had driven them to Stevens friends house. Steven got drunk and passed out. When he got conscious the both of them left. He got conscious on the early morning time of May 9, 2001. Allison had let Steven drive the car home. Neither of them had their seat belt on when Steven had lost control of the car. He had hit a sign post, a fence, and an evergreen tree. Someone had called the paramedics. When the paramedics arrived, Allison was found dead lying across Stevens lap. Steven was breathing, but unconscious. He was taken to the hospital. He had broken bones and brain damage. He had to stay in the hospital for five months. This story proves that the driving age should be raised. Male drivers between the ages of 15 and 20 were involved in fatal crashes. 37% were speeding and 26% were drinking.Five pct of teenagers admit to driving a car after drinking alcohol. Eight hundredths percent of drivers have alcohol in their blood. Almost three out of four teen drivers were killed in a crash after drinking and driving and they wasnt wearing a seat belt. 56% of teens deaths glide by on Friday, Saturday, or Sunday. Fatal crashes rate from 16 to 19 year old. Teenage drivers are more likely to get into a car accident than older drivers. 55% of teens said that they go over ten miles per hour the limit. Some teens even go over 80 miles per hour while driving. 17% of teens say that they think that speeding is fun. 44% of teens said that t hey would drive more safely if their friends were not in the car. 67% of teens said that they felt unsafe would when someone else was driving. 37% of teens say that they would thrust with one or more friends who speed in the coming year. Over 40% of teen crashes deaths occur between 9 P.M. and 6 A.M. 60% of teens auto deaths occur before midnight.Therefore, the driving age should be raised to age 18. It should be raised because most teenagers are not responsible, text while driving, and lives can be saved. Also, it should be raised because most teenagers under age drink and their drinking leads to them having car accidents. Teenagers kill thousands of people every year. Lots of teenagers make and answer phone calls while they are driving. In addition, teens kill more people than mid-aged adults. That concludes the reasons why the driving age should be raised to age 18.

Civil Rights and Responsibilities Essay Example for Free

Civil Rights and Responsibilities demonstrateThe Bill of Rights was added to the Constitution shortly after its ratification. These amendments guarantee legitimate political, procedural, and property well(p)s against infringement by the internal government (Patterson, 2009). A bill of rights is what the throng be entitled to against every government on earth, prevalent or particular, and what no just government should ref drop, or rest on influence (Thomas Jefferson). The First Amendment provides the presentation for exemption of expression which is the right of soulfulness Americans to hold and communicate views of their choosing (Patterson, 2009). The motivation of the Bill of Rights was to guarantee individual rights and unornamenteddoms. The First Amendment reflects this tradition, providing for exemption of godliness along with independence of speech, press, assembly, and petition. The three provisions of the First Amendment are the freedom of speech, assembly a nd religion.The freedom of speech states that you are free to say almost anything except that which is obscene, slanders another person, or has a high probability of inciting others to take imminent lawless action. The freedom of assembly states that you are free to assemble, although government may regulate the time and place for reasons of domain convenience safety, provided such regulations are use evenhandedly to all groups. The freedom of religion states that you are protected from having the religious beliefs of others imposed on you, and you are free to believe what you like. Freedom of religion simply means citizens look at freedom to attend a church, synagogue, temple or mosque of their choice, or not to attend at all.The First Amendment allows us to practice our religion the way we want to. When talking virtually freedom of religion and the First Amendment I think about religion in the prepares. Every since the Supreme Court held school-sponsored prayer unconstitution al in the early 1960s, on that point has ben a concerted and well-funded campaign to reintroduce religion in public schools. Public schools themselves should not be in the business of promoting particular religious beliefs or religious activities and they should protect children from being coerced by others to consent religious (or anti-religious beliefs.A Saskatchewan Human Rights Commission inquiry ruled in July that the Saskatoon Board of teaching must end a practice of giving teachers the option of conducting prayers in public school classrooms and assemblies. In practice, the choice has been primarily the Lords Prayer. The ruling will not change practices in separate schools. The inquiry followed a complaint six years ago by nine parents, including Muslims, Jews, Unitarians and atheists. About 20% of the 550 public school classrooms in Saskatoon begin the day with prayer. The decision may be appealed in hook (Globe and Mail, 1999). The alliance between religion and governm ent in the United States when it comes to the United States Constitution is governed by the First Amendment to the Constitution, which some(prenominal) prevents the government from engrafting religion and protects privately initiated religious expression and activities from government interference and discrimination.The First Amendment thus establishes certain limits on the conduct of public school officials as it relates to religious activity, including prayer. Prayer should not have been taken out of schools. Parents should be sent home a letter opting out of religious activities and employees should be give the same option, but taken it out of schools was ridiculous. The case of Engel v. Vitale (1962) went to the Supreme Court and the case was about a time in 1951 the young York State Board of Regents (the State board of education) approved a 22-word nonsectarian prayer for recitation each morning in the public schools of New York. It read Almighty God, we adjudge our depe ndence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country. The Regents believed that the prayer could be a useful tool for the development of character and trade good citizenship among the students of the State of New York.The prayer was offered to the school boards in the State for their use, and participation in the prayer-exercise was voluntary. In New Hyde Park, New York, the jointure Free School District No. 9 directed the local mind to have the prayer said aloud by each class in the presence of a teacher at the beginning of the school day. The parents of ten pupils in the New Hyde Park schools objected to the prayer. They filed suit in a New York State court seeking a ban on the prayer, insisting that the use of this official prayer in the public schools was contrary to their own and their childrens beliefs, religions, or religious practices. The State appeals court upheld the use of the prayer, so long as the schools did not compel any p upil to join in the prayer over his or his parents objection (infoplease.com).The Freedom to Assemble gives people the right to assemble peacefully without causing any harm to others. As much as I do not score with the KKK views and opinions they should be able to assemble if they do it in a peaceful manner. The First Amendment prohibits government from abridging the right of the people pacifically to assemble. This basic freedom ensures that the spirit of the First Amendment survives and thrives even when the majority of citizens would rather jam expression it finds offensive. Over the course of our history, freedom of assembly has protected individuals espousing myriad viewpoints. Striking workers, civil rights advocates, anti-war demonstrators and Ku Klux Klan marchers have all taken to the streets and sidewalks in protest or in support of their causes.Sometimes these efforts have galvanized public support or changed public perceptions. Imagine a civil rights movement without t he March on majuscule or the womens suffrage movement without ranks of long-skirted, placard-carrying suffragists filling city streets. The U.S. Supreme Court recognized the importance of this freedom in the 1937 case De Jonge v. State of Oregon, writing that the right to peaceable assembly is a right related to to those of free speech and free press and is equally fundamental. According to the Court, the right to assemble is one that cannot be denied without violating those fundamental principles which lie at the base of all civil and political institutions (archive.firstamendmentcenter.org).The KKKs right to assemble peaceably was secured by the famous 1977 case of National Socialist Party v. Skokie, in which the American Civil Liberties Union successfully argued that the First Amendment prohibited officials of Skokie, Ill., from banning a march by the National Socialist Party. Skokie is a Chicago suburb that is home to many Holocaust survivors. One federal judge reasoned that it is intermit to allow those who preach racial hatred to expend their venom in rhetoric rather than to be panicked into embarking on the dangerous course of permitting the government to decide what its citizens may say and hear (archive.firstamendmentcenter.org).In conclusion, the First Amendment of the United States protects the rights to freedom of religion and freedom of expression as well as freedom of assembly from government interference. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a sort out of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Two clauses in the First Amendment guarantee freedom of religion. The Establishment Clause and the Free do Cla use are both clauses in the First Amendment that guarantee freedom of religion.The Establishment Clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the separation of church and state. The Free Exercise Clause prohibits the government, in most instances, from interfering with a persons practice of their religion. The right to assemble allows people to fit for peaceful and lawful purposes. Implicit within this right is the right to association and belief. With that being said, all people should be having some kind of freedom. They should be able to boycott and assemble peacefully without causing any harm to anyone. People should be free to have their different views and opinions of religion, be it that they religious or anti-religious. To warmness it all up I would love for everyone to feel that they are free.Referenceshttp//www.oyez.org/cases/1960-1969/1961/1961_468http//www.aclu.org/relig ion-belief/program-freedom-religion-and-belief-government-funded-religionReligion in schools (teachers in Saskatchewan will no longer have the option of conducting prayer services in class). Humanist in Canada one hundred thirty (1999) 4, 39. General OneFile. Web. 25 June 2012.http//www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html

Research proposal Essay Example for Free

search marriage offer Essay sour grass Jardin Ranario, DPAenquiry AdviserOctober 2013ACKNOWLEDGMENTThinking that this was impossible to achieve made us realize that everything would be possible especially with enough service and support from peck around us. non only motivating us but also swear outed us to pursue our goal. They gave us the courage to do good and guided all throughout. It is our pleasure to thank those who made this possible.To our Heavenly Father, for His divine contributence and for bountiful us enough strength. To our families, for their moral and financial support especially during difficult times.To our very supportive adviser, Dr. Roselle Jardin-Ronario, DPA for giving us words of wisdom and guiding us all throughout. Thank you also for the diligence and encouragements.TABLE OF CONTENTSTitlePage NumberINTRODUCTIONRationale4 Theoretical Background7Statement of the Problem13Signifi bottom of the inningce of the Study14RELATED LITERATURE15RESEARCH MET HODOLOGY22Research DesignResearch EnvironmentResearch RespondentsResearch InstrumentSelected based on the performanceselective information Gathering Procedures23Treatment of DataDEFINITION OF TERMS24BIBLIOGRAPHY25APPENDICES28CURRICULUM VITAE29IntroductionRationaleThe love and eagerness to grapple is the beginning of a beautiful journey towards seeedness. The moment we want to whap about any fantasy, we run away to bring forth attachment towards it. By then, we would like to learn much about the concept and would do anything to know better.Statistically, mathematicss has been the academic subject that has presented the great challenge to many educatees. Many inquiryers suggest that difficulties in nurture maths begin as early as pre- cultivate. They argue that inadequate knowledge and in hard-hitting education by some teachers plant the seed for future complications in the mathematics classroom.In an research labor to send the challenge of poor academic performance in math, there is an abundant amount of literature and research on improvement in methods of math instruction. Since then, teachers be trying to utilize their creativity and initiative to nail more(prenominal) strategies on how to develop the numeral ability of learners effectively.The scholarly persons start to dislike math be make they do non actualise. It builds up each grade level to the point that they hate it because they have difficulty in larn. The learners were not equal to(p) to master the competency that they ingest to master each grade level. And because of this, learners develop attitude and anguish towards math. information processing system assisted instruction being utilize by many Asiatic countries in coach especially in teaching math subject is of great help for both teachers and students. This basis help learners understand well the concept of numbers, symbols, and objects through clear visual, accurate, and fast learning process and develop more of their mathematical ability. Through this, learners be now more confident to learn math and learning is more effective when teaching-learning method is incorporated with both verbal and visual entity with the use of computer assisted instruction.This connect draws an interest to the researchers to know the Asian peoples math attitudes and anxieties in computer assisted instructions. The researchers project to help the learners to appreciate math more and with it, they exit be sufficient to start learning math better. In the long run, the learners pull up stakes be able to develop their mathematical ability and be able to stigma use of it on their future chosen field. With the findings, theresearchers may also be able to extend to it to the math learners since the researchers themselves atomic number 18 also a math instructor in unmatchable of the schools in Asia. The researchers may come up with effective strategies in the teaching-learning environment with the learners to improve their math performance.Theoretical BackgroundThis depicted object is anchored by these two theories Banduras kind Cognitive Theory and Vygotskys Social Constructivist Theory. Banduras Social Cognitive Theory is composed of four processes of goal realization self-observation, self-evaluation, self-reaction and self-efficacy. These components are interrelated, each having an effect on pauperization and goal attainment (Redmond, 2010).Self-observationObserving oneself can inform and motivate. It can be used to respect ones progress toward goal attainment as well as motivate behavioural changes. There are two important factors with regards to self-observation regularity and proximity. Regularity means the behavior should be continually discover, whereas proximity means the behavior should be observed while it occurs, or shortly after. Alone, self-observation is insufficient because motivation depends on ones expectations of outcomes and efficacy (Zimmerman Schunk, 2001) .Self-evaluation Self-evaluation compares an individuals current performance with a desired performance or goal. It is affected by the standards set and the importance of the goals. Goals mustiness(prenominal) be specific and important therefore, goals much(prenominal) as, do your best are vague and testament not motivate. Schunk and Zimmerman (1994) state that specific goals specify the amount of effort required for success and boost self-efficacy because progress is easy to gauge. If one has weeny regard for his goal he impart not evaluate performance.There are two types of self-evaluation standards absolute and normative. For example, a grading outdo would be an example of a fixed or absolute standard. A amicable comparison such as evaluating ones behavior or performance against other individuals is an example of a normative standard(Zimmerman Schunk, 2001). People gain satisfaction when they achieve goals that they value. When individuals achieve these valued goals, the y are more possible to continue to exert a high level of effort, since sub-standard performance go forth no longer provide satisfaction (Bandura, 1989).Self-reaction Reactions to ones performance can be motivating. If the progress made is deemed acceptable, then one will have a feeling of self-efficacy with regard to continuing, and will be motivated towards the effect of their goal. A negative self-evaluation might also be motivating in that one may desire to range harder provided that they consider the goal to be valuable. Self-reaction also al humbles a somebody to re-evaluate their goals in conjunction with their attainments (Bandura, 1989). If a person has achieved a goal, they are belike to re-evaluate and raise the standard (goal) whereas, if a person has not achieved the goal, they are likely to re-evaluate and cut back the standard (goal) to an achievable goal.Self-efficacy Ones belief in the likelihood of goal intent can be motivating in itself (Van der BijlShortrid ge-Baggett, 2002). Self-efficacy refers to peoples judgements about their capability to perform particular tasks. Task-related self-efficacy developments the effort and assiduity towards challenging tasks therefore, increasing the likelihood that they will be completed (Barling Beattie, 1983, as cited in Axtell Parker, 2003, p. 114).Vygotsky (as cited by Whitcomb, 2002) stresses that cognitive victimisation is a social activity. Every function in the childs cultural development appears twice first, on the social level, and later, on the individual level first, among people (interpsychological) and then in spite of appearance the child (intrapsychological). Adolescents develop their own thoughts and attitudes through social interaction and communication with peers and other members of society. (Rogoff, et al, 2007). They can also learn by observing the activities and interactions of others in a social setting. Adolescent students must have entrance money to a more knowledgeab le person or persons with whom they can communicate and interact socially.Realizing this will help keep teachers aware of just how meaningful their interactions and attitudesare to a student, and how what they say and do can trance a student. Depending on the social context of the classroom, a student may benefit from being able to interact freely and socially with other students as they learn. The teacher may be socially slight approachable in the classroom context. A ten year athletic field at Harvard (Crouch, Mazur, 2001) showed that most students learn more from group learning activities than they do studying alone or listening to the teacher take information. When students are required to explain their ideas to their peers in a dialogue, rather than recite whatever correct business relationship the teacher has t one-time(a) them, they more fully engage their minds, using their own cultural tools and opening their own individualised beliefs to all the sametual modificati on.Vygotskys important notion state that students learn most effectively when they are given(p) tasks which are a curt too difficult for an individual to accomplish alone but can be mastered through social cooperation, is called teaching in the students Zone of Proximal Development (ZPD). What he means is that if the lessons and tasks given to a student are not close enough proximal to what the student finds challenging, then the student will not develop. Trivial exercises result in mostly boredom and little to no cognitive development. On the other end of the spectrum, if a task is too difficult for students, even when they can work together, then they will simply fail at it and also achieve little development. So there is an optimal zone, or magic middle, where students are challenged, but can encourage socially to increase their mastery of the task. Such a task is said to be within the ZPD.The concept of a ZPD can also be applied to the way adolescents think and develop. Most adolescents want to develop into prominents and join adult society, perhaps to be free from their diminished status below the adults within society, particularly in our culture. If we consider that operating within the ZPD is the most efficient way to develop the cognitive and social functions of an adult, then it is only natural that adolescents tend to form groups of their peers and then attempt to understand and imitate adult social and cultural behaviors. The ZPD is very strongly evidenced by classroom studies. A study at the University of Illinois (Wenning, Wenning, 2006) on the implementation of new inquiry-based lab activities, which are more challenging and more work forboth students and instructors, found that these new and difficult activities must be introduced gradually.The research group achieved great success when they began the bunk with lab activities that were the easiest to understand within the pre-existing scaffolding (in this case, their educational backgrou nd) and within the students ZPD. As the course progressed, the lab activities became increasingly complex, but the students continued to succeed and increased their skills and understanding. By working within their ZPD, they were able to budge it ever higher and achieve mastery, just as Vygotsky would have predicted. When I become a physical science teacher, I know I will have to use this same approach First I will have to investigate and identify my students ZPD, as they did in the Illinois study.(Wenning, Wenning, 2006).Statement of the ProblemThis study aims to examine the relationship of mathematics attitude and fretting of students in computer assisted instruction crossways Asian countries. Specifically, this study aims to know the following1. What is the Math attitude of the learners across Asian countries? 2. What are the levels of Math misgiving of the learners across Asian countries? 3. What are the types of computer assisted instruction in Math across Asian countries ? 4. What are the cause of computer assisted instruction in Math attitude of the learners? 5. What are the effects of computer assisted instruction to the levels of Math apprehension of learners?Significance of the StudyThe results of this research study unconditionally benefited from many sectors of the educational institutions by providing information on the results of the performance in terms of students language achievement that will enable the teachers to know the students areas of difficulty and strength, thereby guiding them in re pissing their program of teaching to fit out their needs. Among the persons who will be directly or indirectly benefited are the following To the principal concerned, the results of this researchstudy may give her insights which would encourage her to plan projects designed to improve the quality of language teaching in the public school like Minglanilla subject area cognizance High cultivate as the lead school of all public secondary schools in the Municipality of Minglanilla, Cebu Province. The district coordinator in face of the Municipality of Minglanilla as a researcher will benefit from the observational study for future references. He has been provided with the data and information necessary for his experimental analysis utilizing the macro-skills learning performance intended for High instill students, particularly in science classes.This will help the English teachers in Science High prepare realize in order for them to understand the new approaches in teaching and to be able to use the techniques and procedures effectively. Thus, it is necessary to bring their training up-to-date. They should as well encourage independent thinking and free communication of notions among the students concerned using the tools of expressions acquired in English class because this is the eventual aim of language teaching. To the first year teachers assigned to teach voyage classes as formative years in first year, it may ena ble them to realize that they should understand evaluation and procedures with idiom on experimental viewpoints and learning approaches not only them as teachers but also their students so they can integrate with their own teaching and testing. More significantly, they will realize that in fairness to their students, they should test what they genuinely teach.The secondary freshmen as student entrants of Minglanilla National Science High School will boost emend their savvy based on the structured lessons and differ mentally harmonize to the departmentalized lessons, advanced lessons presented, and general learning performance based also on their intellectual aspects of learning. It will enable the students in general to adhesive friction at the innovative teaching-learning approaches shared with them not only by the teachers but also by the freshmen pilot classes in terms of the four (4) areas of English language teaching, namely, listening, speaking, reading and writing as seq uenced in the lessons. Finally, the learning institution should initiate and institute a re-training program for the students as the training ground for them to go for the beside higher level.REVIEW OF RELATED LITERATUREThe learning of mathematics is affected by the confidence of learners in their mathematical abilitiesand the attitudes, beliefs, and feelings they harbour towards mathematics (Coben, 2003 as cited by Kerlinger 2004). Their conceptions of the subject and their perceptions of themselves and of their relationship to mathematics lie at the heart of their mathematics learning behaviour (Philippou Christou, 1998). For fear of embarrassment, many adults go to great lengths to avoid admitting that they consider reading difficulties, yet it appears to be normal, even acceptable, in modern life to readily admit to a dislike and misunderstanding of mathematics. Sewell (1981) suggested that at least half the population, including many with high mathematical qualifications, ha d negative attitudes to mathematics, ranging from insufficiency of confidence to anxiety and even fear.According to Banduras sociocognitive theory, students motivation is a construct that is built out of individual learning activities and experiences, and it varies from one spot or context to another as cited by Pantzaira Philippou, 2007. Schereiber (2000) said that those who have positive attitudes towards maths have better performance in Mathematics.Latterell (2008) writes in her book about the Math Wars that Nipponese people believe in gambae. Gambae means that one is successful if one works hard enough to be successful. Ones attitude and behavior must match the belief that hard work leads to success (p. 126). Considering the results of the TIMSS, American students are no competition for Japanese students in mathematics. Japanese and other Asian students consistently outperform American students in mathematics (Latterell, 2008) and innumeracy. Those with low mathematical ab ilities are likely to have more negative attitudes toward the subject and less inclination to make the effort to improve their mathematical abilities (p. 212). Hammerman and Goldberg (2003) also state that to become successful in mathematics requires a positive attitude and belief in ones ability to succeed.The factors affecting mathematics anxiety were mathematics achievement,attitude toward mathematics, trait anxiety, and debilitating anxiety. Mathematics attitude, mathematics achievement, field indepedence, and the anxiety measures were found to be significant predictors of level of mathematics anxiety. Math anxiety is a real problem facing students, teachers, and parents. Teachers and parents that are afraid of mathematics pass that on to their students and children (Furner Duffy, 2002). Students who have math anxiety face real and long-wearing consequences. Ashcraft and Kirk (2001) describe the common belief that because of long-term avoidance of math, and their lesser master y of the math that couldnt be avoided, high-math-anxiety individuals are simply less competent at doing math (p. 224).Extensive literature demonstrates that anxiety, stress, lack of confidence, and phobic reactions in the face of mathematical problems are exhibited in most modern cultures (Macrae, 2003), and math- anxiety is commonly characterized by feelings of accent, apprehension, or fear that impacts on mathematical performance (Ashcraft, 2002). It is associated with loss of self-esteem in confronting a mathematical situation (Acelajado, 2004), negative reactions to mathematical concepts and evaluation procedures, and with many constructs including working memory, age, gender, self-efficacy, and mathematics attitudes (Cates Rhymer, 2003).Students faced with the dual burdens of intractable theme and math-anxiety a posteriori tend to have weak or negative mathematics self-efficacy beliefs. Bandura (1986) defined self-efficacy beliefs as peoples judgements of their capabilities t o organize and execute courses of action required to attain designated types of performances as cited by Chiu 2009. Self-efficacy beliefs are a better predictor of success than an inventory of skills or prior achievements, and relationships have been found between self-efficacy for puzzle out mathematics problems and mathanxiety, mathematics attitudes, general mental ability, mathematics self-concept, and mathematics experience (Finney Schraw, 2003).Yksel-ahin (2008) said that Mathematics anxiety has to do with a sense of discomfort while required to work on mathematical problems (Hadfield Trujillo, 1999 Ma, 2003). Low grades or failure in mathematics could also lead to mathematics anxiety or exasperate students existing levels of anxiety for mathematics (Ma Xu, 2004 Norwood, 1994 Reynolds, 2001 Satake Amato, 1995 Townsend, Moore, Tuck, Wilton, 1998). Failure in mathematics, fear and anxiety about it could cause extreme feelings of dislike about mathematics. Indeed, Hopko et.al . (2003) observed that persons with mathematics anxiety make more mistakes in relations with mathematics problems.Poor performance in mathematics has been linked to an increase in mathematics anxiety (Furner Duffy, 2002 Hopko et.al., 2003). Megan R. Smith (2004) said that Math anxiety is a real problem facing students and teachers today. The mathematics teacher especially needs to understand the causes and effects of math anxiety as well as ship canal to help students overcome it. There are many symptoms of math anxiety including an unwillingness to attempt mathematics problems, a fear of taking advanced mathematics classes, and being unusually nervous when in mathematics class. Math anxiety hinders students working memory (Perina, 2002). It occurs at unlike ages in different people for different reasons. The main cause of math anxiety is the teacher himself It has been shown that students tend to internalize their instructors interest in and ebullience for teaching math (Jackson and Leffingwell, 1999).It is imperative when teaching mathematics that the teacher progresses from simple problems to complex ones (Schwartz, 2000). The students also need to have support systems in mathematics, whether this comes from their parents at home or with other students at school (Schwartz, 2000). The greatest prevention of math anxiety is the teacher himself. As stated before, the teacher needs to have a positive attitude when in class and needs to be willing to help students. The teacher must believe in the students even when they do not believe in themselves.Math anxiety is a real problem facing students, teachers, and parents. Teachers and parents that are afraid of mathematics pass that on to their students and children (Furner Duffy, 2002). Students who have math anxietyface real and long-lasting consequences. Ashcraft and Kirk (2001) describe the common belief that because of long-term avoidance of math, and their lesser mastery of the math that couldnt be avoided, high-math-anxiety individuals are simply less competent at doing math (p. 224).Indeed, Hopko et.al. (2003) observed that persons with mathematics anxiety make more mistakes in dealing with mathematics problems. Such mistakes lead to lower grades in mathematics which in turn increases anxiety about math. calculating machine-assisted instruction (CAI) electronic computer back up steering (CAI) is a narrower term and most often refers to drill-and-practice, tutorial, or simulation activities. ready reckoner based tools and applications are used to assist the teacher or school administrator in the management of the learner and instructional process. Computer Assisted Instruction (CAI) A self-learning technique, usually offline/online, involving interaction of the student with programmed instructional materials. Computer-assisted instruction (CAI) is an interactive instructional technique whereby a computer is used to present the instructional material and monitor the learning that takes place.Computer based instruction is a remediation or instruction presented on a computer according to the American Institute of Research, 2004. Johnson (2000) said that the computer opens a wide range of resources. When correctly used, they give learners a different level of experience and bring new style and height of analysis in the classroom. In the Philippines, the Department of rearing is in the final stage of completing the five year Information and conference Technology for discipline Strategies Plan as Lapus (2008) puts it. Computer based instruction is a remediation or instruction presented on a computer, the American Institute of Research (2004) reiterated.CAI is also known as Computer Assisted Instruction. Examples of CAI applications include guided drill and practice exercises, computer visualization of complex objects, and computer-facilitated communication between learners and teachers. CAI can dramatically increase a learnersaccess to information. The prog ram can adapt to the abilities and preferences of the individual student and increase the amount of personalized instruction a student receives. Many students benefit from the agile reactivity of computer interactions and appreciate the self-paced and private learning environment. Moreover, computer-learning experiences often engage the interest of students motivate them to learn and increase independence and personal responsibility for education (Microsoft Encarta, 2008 as cited by Vibar et. Al, 2010).As mentioned by Hergenhahn and Olson (1997) Computer Aided Instruction (CAI) motivates students to learn in ways that traditional instruction may not by providing immediate feedback, personal attention, exciting visual displays, and a game-like atmosphere. In fact, students are often so motivated by CAI that depriving them of their turn with the computer acts as punishment, and giving them additional time with the computer that acts as re-enforcement.Research methodological analysis Research DesignThis study will employ quantitative approach of data analysis and presentation. It utilizes descriptive correlation method of deriving data from 4 different Asian countries namely Malaysia, Indonesia, Singapore and Philippines.Research RespondentsThe respondents of the study will be selected using data mining technique. The 4 Southeast Asian countries including Philippines are among the many that joined the Trends In Mathematics and Science Survey and based on the records, among the Southeast Asian countries, only four joined namely, Malaysia, Indonesia, Singapore and Philippines based on the 2003 TIMSS records.Research EnvironmentThe research will be conducted within the Four Southeast Asian Countries namely Malaysia, Indonesia, Singapore and Philippines.Research InstrumentFor the semiempirical phase of the study, the researchers will make use of the record sheet based from the Trends In Mathematics and Science Survey (TIMSS 2003).Research ProceduresGathering of Dat aAcademic performance will be downloaded from Trends In Mathematics and Science Survey (TIMSS 2003). Through data mining technique, fou different South East Asian countries will be selected based on their performance in Math.Treatment of DataThe cluster sampling will be utilized to identify the four South East Asian Countries and Pearson r correlation coefficient will help determine the relationship between Math anxiety and Math Attitude.DEFINITION OF TERMSFor a better and clearer understanding of this study, the following terms are operationally defined in the context of this investigation.Computer Assisted Instruction (CAI) refers to the method of teaching that uses computers to interact with students in the teaching-learning process.Math Anxiety refers to the feeling of tension or fear in Math.Math Attitude refers to the behavior towards MathTRENDS IN INTERNATIONAL math AND SCIENCE STUDY (TIMSS) international assessment of the mathematics and science knowledge of students from d ifferent grade levels across countries.DATA MINING TECHNIQUE getting information from a data set and makes itunderstandable for further use.BIBLIOGRAPHYCrouch, C. H., Mazur, E. (2001). Peer Instruction Ten years of experience and results. American ledger of Physics, 69(9), 970-977. (Peer Instruction and Inquiry)doi10.1119/1.1374249Daniels, H. (2007). Pedagogy. In H. Daniels, J. Wertsch, M. lucre (Eds.), The Cambridge companion to Vygotsky. New York Cambridge University Press.Dilber, R., Karaman, I., Duzgun, B. (2009). High school students understanding of projectile motion concepts. nurtureal Research and Evaluation, 15(3), 203-222.Ibrahim, B., Buffler, A., Lubben, F. (2009). Profiles of newbie Physics Students Views on the Nature of Science. Journal of Research in Science Teaching, 46(3), 248264. Mason, A., Singh, C. (2010). Helping students learn effective problem solving strategies by reflecting with peers. American Journal of Physics, 78(7), 748-754.Rogoff, B., Moore, L ., Najafi, B., Dexter, A., Correa-Chavez, M., Solis J. (2007). Childrens development of culture repertoires through corporation in everyday routines and practices. In J. E. Grusec P. D. Hastings (Eds.), Handbook of socialization. New York Guilford.Pachler, Norbert, Center of Excellence for Work-based Learning for grooming Professionals, Dept. of learning, Curriculum Communication, Institute of training, University of London. 2004.Using fuzzy statistics to determine Mathematics Attitude and Anxiety, Necla Turanli (2013), Middle East Journal of Scientific Research 13 (4) 568-572, IDOSCI Publications.Megan R. Smith. (2004). Math Anxiety Causes, Effects, and PreventativeMeasures.Internet Sourcesglwhitcomb.iweb.bsu.eduTago et al, Mobile Learning, Challenges and Potentials. www.inderscience.comfilter.phphttp//www.edpubs.org. PatrickGonzales (2004). Highlights from the Trends in global Mathematics and Science study (TIMSS) 2003.emailprotectedhttp//www.icmeorganizers.dk/tsg15/APPENDI X EBUDGET SUMMARY1. SuppliesDrawing book P 46.00 Clear FolderP 16.00Cost of Servicesa. Print out P 30.00Total P 76.00Prepared byARMESTIDES M. BARGAYO VIRESEARCH TEAM TREASURERCurriculum VitaePERSONAL DATANameOdessa M. Bonjoc AvenidoAddressLuyang, Carmen, Cebunatal dayNovember 15, 1983Civil StatusMarried call downFemaleAge29SpouseAriel B. Avenidoeducational minimizeElementary Luyang Elementary School yr Graduated 1996 utility(prenominal) Cebu AcademyYear Graduated 2000 3rd University of the Visayas Main CampusYear Graduated 2004 traverse Bachelor in Elementary Education Area in Mathematics Graduate Studies Cebu form UniversityGraduated PresentCourse Master of Arts in Education Major in ELTEmployment Record property Teacher 2DesignationICT TeacherSchool Luyang Elementary School DepEd ProvincePERSONAL DATAName Armestides M. Bargayo VIAddress Lower Pakigne, Minglanilla, Cebu birthday October 22, 1981Civil Status SingleSex MaleAge 31 years oldEDUCATIONAL BACKGROUNDElementary Mingla nilla Central SchoolYear Graduated 1994High School Immaculate rawness of Mary AcademyYear Graduated 1998College University of San CarlosYear Graduated 2002Course Bachelor in Secondary Education major in MathGraduate Studies Cebu Normal UniversityYear Graduated PresentCourse Master of Arts in Education major in MathEmployment RecordPosition Math TeacherSchool University of Cebu Main CampusPERSONAL DATAName Jun Antoinette Z. NavajaAddress 4- E Gorordo Avenue, Kamputhaw,Cebu metropolisBirthday January 27, 1988Civil Status SingleSex FemaleAge 25 years oldEDUCATIONAL BACKGROUNDElementary Colegio de la Inmaculada ConcepcionYear Graduated 2001High School Colegio de la Inmaculada ConcepcionYear Graduated 2005College University of San CarlosYear Graduated 2009Course Bachelor of Education major in Special EducationGraduate Studies Cebu Normal UniversityYear Graduated PresentCourse Master of Arts in Education major Special Education- MentalRetardationEmployment RecordPosition Substitute Teac herSchool Barrio Luz Elementary School, DepEd CebuPERSONAL DATAName Angelie Lopez SenarosaAddress Catmaran, Basak, Compostela, CebuBirthday April 25, 1982Civil StatusSingleSex FemaleAge 31 years oldEDUCATIONAL BACKGROUNDElementary Panangban Elementary SchoolYear Graduated 2000High School Compostela National High SchoolYear Graduated 2003College Cebu Normal UniversityYear Graduated 2007Course Bachelor in Secondary Education major in MathGraduate Studies Cebu Normal UniversityYear Graduated PresentCourse Master of Arts in Education major in MathEmployment RecordPosition Math TeacherSchool Mulao National High School, DepEd Cebu