The Walt Disney Corporation Research Paper Example | Topics and Well Written Essays - 1000 words

The Walt Disney Corporation - Research Paper Example The fantasy of iestablishingthe mammoth company can be followed back in time when Alice in Wonderland short arrangement started (Denny and Williams, 2004). A topic all around created in a considerable lot of Walt’s kid's shows is undying hopefulness, which can be identified with the Vision of Dream on which the organization is shaped. From the time the organization was fused to its present execution, for example in the figures showed above, it is very so as to express that the organization has followed its fantasy. Having confidence in the company’s position and ability to accomplish its objectives could have been the mystery behind its prosperity. Accomplishing what may seem unimaginable must be practiced in accepting. Another character controlled by Walt Disney is that of unflinching confidence in accomplishing anything wanted of. Walt had a fantasy about turning into a visual artist and the conviction he had moved him over that to be originator of enlivened kid's shows observed everywhere throughout the world. The company’s story can be supposed to be an effective conviction, presently that it even covers more than energized kid's shows. Concerning a challenging soul, Walt was a decent sales rep from the earliest starting point, with some fine abilities that were uncommon to discover in those occasions. Right off the bat in his work of art, he forcefully and determinately sold his kid's shows and comedies until he got into organizations that empowered him to settle down for business. He was fit for utilizing his charisma abilities to effectively persuade his movement group at Kansas City to migrate to California. The company’s markets its items forcefully and with a decent accuracy to exploit the market superior to its rivals, to such an extent that it has become an overall family unit brand Capodagli and Jackson, 2000). As per Hair et al (2008), when a market advances to turn out to be entrenched, it turns into a worthwhile endeavor that numerous speculators would need to attempt. The line of business that Walt Disney manages has

Free Essays on The Marxist Ideal

Karl Marx’s thought of a socialist state, which should be a practically idealistic culture, is difficult to accomplish because of the way that it requires the human psyche to be practically impeccable. It asks society and its individuals to be completely without positions, avarice or authority. This has been obviously incomprehensible for society. Each progression to accomplishing a socialist society has consistently been a stage towards turning into an authoritarian culture like past and current socialist nations. Socialism got mainstream in immature nations, which is inverse to what Marx accepted, and its ascent in these nations was the start of its fall. Marx accepted that the best way to oust free enterprise was to make an insurgency of the lower class yet this unrest diverts the reason much farther from genuine socialism. Correspondence is the following issue that Marx handled, and in the socialist perfect, it is significant at the same time, sadly, regarding genuine muti lated philosophies, it isn’t as significant. A definitive objective for socialism, in any case, is that in the end there will be no requirement for government yet as socialist social orders in reality progress, nothing could be further from reality. Today, socialism, dynamic in the couple of Communist nations left on the planet, is a long way from what Marx had at the top of the priority list. From the earliest starting point to the current day and into the future, socialism has gotten misshaped into something that would be Marx's most noticeably terrible bad dream. On account of flaws in the human brain that just can't be worked out, the Marx’s plan basically can't work. Marx's expectation was that socialism would be effective in the exceptionally industrialized nations of Western Europe. Rather, it occurred in Russia, a nation pained by its degenerate head of state. A Communist revolt required an industrialized nation as its center, where a sorted out lower class, ready to battle, had gotten an opportunity to create. The transformation of 1917, in any case, happened in Russia, one of the most bac... Free Essays on The Marxist Ideal Free Essays on The Marxist Ideal Karl Marx’s thought of a socialist state, which should be a practically idealistic culture, is difficult to accomplish because of the way that it requires the human psyche to be practically immaculate. It asks society and its individuals to be completely without positions, covetousness or initiative. This has been obviously unimaginable for society. Each progression to accomplishing a socialist society has consistently been a stage towards turning into an authoritarian culture like past and current socialist nations. Socialism got well known in immature nations, which is inverse to what Marx accepted, and its ascent in these nations was the start of its fall. Marx accepted that the best way to oust private enterprise was to make an upheaval of the lower class however this transformation diverts the reason considerably farther from genuine socialism. Equity is the following issue that Marx handled, and in the socialist perfect, it is significant be that as it may, sadly, regard ing genuine misshaped belief systems, it isn’t as significant. A definitive objective for socialism, in any case, is that in the long run there will be no requirement for government however as socialist social orders in reality progress, nothing could be further from reality. Today, socialism, dynamic in the couple of Communist nations left on the planet, is a long way from what Marx had as a primary concern. From the earliest starting point to the current day and into the future, socialism has gotten twisted into something that would be Marx's most noticeably terrible bad dream. In light of shortcomings in the human psyche that just can't be worked out, the Marx’s plan essentially can't work. Marx's expectation was that socialism would be effective in the profoundly industrialized nations of Western Europe. Rather, it occurred in Russia, a nation pained by its degenerate head of state. A Communist revolt required an industrialized nation as its center, where a composed lower class, ready to battle, had gotten an opportunity to create. The transformation of 1917, notwithstanding, happened in Russia, one of the most bac...

Violencia domstica - Recursos para inmigrantes

Violencia domstica - Recursos para inmigrantes En Estados Unidos, la violencia domã ©stica es un delito. Y la ley protege, ampara y ofrece recursos para los inmigrantes que child vã ­ctimas de este crimen, cualquiera que ocean su estatus legitimate: residentes permanentes, personas con visas temporales, visitantes e indocumentados. Al mismo tiempo, castiga a las personas condenadas por este tipo de conducta. Aunque la mayorã ­a de las vã ­ctimas child mujeres y niã ±os, tambiã ©n pueden serlo los hombres. En el caso de violencia domã ©stica en el seno de una pareja, no es necesario que estã © legalmente casada para considerar que existe este delito: basta con compartir vivienda o que tengan una relaciã ³n wistful. Quã © es la violencia domã ©stica Si la vã ­ctima es una persona adulta, para que exista este delito en el mbito recognizable debe producirse una situaciã ³n en la que uno de los miembros de la pareja causa repetidamente daã ±o fã ­sico o emocional a su compaã ±ero o compaã ±era. Adems, es suficiente para que se considere que feed delito si feed un patrã ³n de comportamiento de amenazar a la otra persona con causarle daã ±o. Asã ­, es violencia domã ©stica pegar a la pareja, obligarla a tener relaciones sexuales de cualquier tipo, humillarla, intimidarla o manipularla emocionalmente, aislarla de su familia o amigos y amenazarla con perjudicarla econã ³micamente o causarle daã ±o por razã ³n de su estatus migratorio. Es importante recordar que, a diferencia de lo que puede ocurrir en otros paã ­ses, en Estados Unidos es un delito obligar an otra persona a realizar cualquier acto de naturaleza sexual sin su consentimiento, incluso cuando esa situaciã ³n sucede entre esposos. Se considera como un asalto sexual y, por lo tanto, es un crimen.â Los niã ±os tambiã ©n pueden ser vã ­ctimas de violencia domã ©stica. Esto ocurre cuando se les causa un daã ±o fã ­sico sin ser accidentalmente. Tambiã ©n se comete este delito cuando se abusa sexualmente de un menor o cuando las personas responsables de su bienestar no le dan alimento, cuidados mã ©dicos o cobijo. Incluso cuando no se les cuida y supervisa adecuadamente, se abusa psicolã ³gicamente de ellos mediante amenazas y, tambiã ©n, cuando se les niega un mã ­nimo de cariã ±o. Quã © hacer si se sufre violencia domã ©stica Los Estados Unidos protege common y criminalmente a las vã ­ctimas de violencia domã ©stica cualquiera que ocean su raza, religiã ³n, grupo à ©tnico, nacionalidad e, incluso, estatus migratorio. Si alguien est en peligro o cree que puede estarlo, la primera media a tomar es llamar a la policã ­a al 911. Los agentes acudirn y tomarn las medidas inmediatas que consideren oportunas. Roughage que recordar que cualquier persona puede poner una denuncia con la policã ­a. No roughage que ser ciudadano ni residente. Pero es muy importante contar desde el principio con asesorã ­a lawful. Tambiã ©n cualquier persona puede buscar protecciã ³n bet la Corte para pedir una orden de alejamiento contra el abusador. Si à ©ste a su vez hace una acusaciã ³n contra la vã ­ctima, à ©sta tiene derecho an un abogado y a no realizar ninguna declaraciã ³n que, con el tiempo, pudiera perjudicarle. Si este es el caso conviene hablar con un abogado especialista en criminal y tambiã ©n es buena thought hablar con un abogado de inmigraciã ³n. Ayuda disponible para TODAS las vã ­ctimas de violencia Todas las personas que viven en EEUU, cualquiera que ocean su estatus lawful, pueden marcar a los siguientes nã ºmeros de telã ©fonos gratuitos a cualquier hora del dã ­a o de la noche y cualquier dã ­a de la semana, incluyendo sbados y domingos a: Lã ­nea abierta nacional contra la violencia domã ©stica: 1-800-799-7233Là ­nea abierta de la red nacional contra el asalto sexual, violaciã ³n, abuso e incesto (RAINN, por sus siglas en inglã ©s): 1-800-656-4673Centro nacional de niã ±os desaparecidos y explotados: 1-800-843-5678Centro nacional para vã ­ctimas de crã ­menes: 1-800-394-2255Los mexicanos pueden marcar gratuitamente al telã ©fono del CIAM donde recibirn informaciã ³n y ayuda. Estas organizaciones cuentan con intã ©rpretes en varios idiomas y pueden ofrecer informaciã ³n y dar un contacto nearby para que las vã ­ctimas puedan recibir ayuda. Las vã ­ctimas pueden ser mujeres pero tambiã ©n varones. Y la situaciã ³n de violencia domã ©stica puede darse en una situaciã ³n de parejas heterosexuales o tambiã ©n entre dos hombres o dos mujeres. Esto no importa. Es tambiã ©n un delito. Los servicios gratuitos que se pueden llegar an ofrecer a las vã ­ctimas incluyen atenciã ³n mã ©dica, vivienda de emergencia, apoyo psicolã ³gico, servicio de intã ©rpretes, asistencia lawful, incluso abogado gratuito o pagando una cantidad reducida de dinero y, si fuera necesario, ayuda econã ³mica. Violencia domã ©stica e inmigraciã ³n Las vã ­ctimas de violencia domã ©stica pueden solicitar la legalizaciã ³n migratoria para sã ­ mismas y para sus hijos solicitando la cancelaciã ³n de la deportaciã ³n: Pidiendo acogerse a los beneficios de la Ley de Violencia contra las Mujeres (VAWA)o solicitando una visa Uâ o una visa T, si se ha sido vã ­ctima de trfico de blancas.El programa SIJS para menores de 21 aã ±os vã ­ctimas de abusos, maltratos y negligencias. Todas las peticiones child confidenciales. Adems,  ms all de la violencia domã ©stica es conveniente saber quã © es el asalto sexual. Quã © sucede con los victimarios Las personas condenadas por violencia domã ©stica pueden ser castigadas de distintas maneras, incluido el envã ­o a prisiã ³n. Adems, si el punishable no es ciudadano puede arruinar sus posibilidades de obtener beneficios migratorios e incluso puede ser deportado. Este artã ­culo es meramente informativo. No es asesorã ­a lawful para ningã ºn caso concreto.

Top 10 Ways to Prepare for the ACT

A good ACT score can help you get into your top college choices, as well as qualify you for college scholarships! But how can you prepare for the ACT? These 10 tips will help you prep for ACT test day and start your study plan off right. Prepare for the ACT today with Magoosh! 1. Buy at least two reputable study books Start studying with the ACT Official Guide and the material on the official ACT website. Books from reputable companies such as Kaplan or McGraw-Hill are excellent supplemental materials to prep for ACT test day. Look for content with a lot of practice tests! Wondering which book is best for you? Read our ACT book reviews for our honest opinions on the top contenders. 2. Learn the most frequently tested concepts In the ACT English and ACT Math tests, there are a finite number of tested concepts: grammar, algebra, geometry, trig, etc. You will need to figure out what you already know, and what you need to work on (more on this in tip #6). The good news: the questions are predictable! If you learn these concepts, you’ll see them pop up over and over again. 3. Get inside the heads of the test-makers As you prepare for ACT test day, try to develop an understanding of what the test-makers â€Å"prefer† in terms of the answer choices. For example, after studying the ACT English test for some time, you’ll notice how the ACT test makers prefer concise answers, or economy of language. This kind of understanding will help you make better educated guesses on harder problems. This free ACT eBook is a great resource for understanding the different question types and answer choices. 4. Use the entire time for each section Even if you are naturally a fast test-taker, make sure to use the entire given time. If you finish a test (a.k.a. a section) early, go back and review the questions, slowly â€Å"re-taking† them and checking for simple mistakes. Even the smartest students get easy questions wrong when rushing. 5. Plan out a reasonable study schedule To make sure you get the ACT test date and testing center you want, register early, at least three months before the exam. That way you can find a study schedule that you can reasonably complete between now and your test. Be realistic with yourself. How much time can you commit each week to ACT practice questions? It’s better to study 20-30 minutes a day than four hours once a week. Aim to prep for ACT test day at least four days a week. 6. Pinpoint your weaknesses and attack them Are you a slow reader? (If so, we have the video for you below!) Is your ACT Math knowledge so-so? Grammar got you down? Use a practice test so you know going into your test prep what areas need more work. Then, plan to address those areas first as you prepare for ACT test day. You’ll need more time for the weaknesses. Don’t put off studying for a section just because you dread it! Just learn the strategies, and youll begin to answer these questions with confidence! 7. Remember that test-taking is a learned skill, not an inherent gift Some people may seem to be â€Å"naturally† good at the ACT, but even if you’re not one of them, you can still learn how to score highly! Think positively, and focus on your progress in your ACT test prep. Recognize that making mistakes is necessary for improvement when you prepare for the ACT. Incorrect answers to practice questions help you hone in on areas that need more work, so welcome them! (Just make sure you understand why you got them wrong, so you can avoid repeating the same mistakes in the future.) 8. Do some timed practice to check in on your pacing The ACT is comprised of five tests: English, Math, Reading, Science, and Writing (in that order). These sections have different challenges regarding pacing, with different numbers of questions and different time limits. You will need to develop a pacing strategy for each unique test, and practice so you are confident you can finish within the allotted time. 9. Memorize the instructions for each test Don’t waste valuable time reading and re-reading instructions at the test center. Each test has its own set of directions. Prepare for ACT test day by familiarizing yourself with them now. 10. Make use of free, high-quality resources It’s amazing how many students take the ACT without ever having visited the official website! This should be your first stop in your journey to prep for ACT test day. Magoosh also has tons of free resources you can use along the way: Everything You Need to Know About the ACT Magoosh ACT eBook We know that a lot of students cant afford to purchase ACT textbooks, and we dont want these students to be at a disadvantage. So, we wrote our own Magoosh ACT eBook. Its perfect for beginners as well as advanced students, and contains 280+ pages of free resources to help you prepare for ACT test day. ACT Flashcards App ACT Prep App: Video Lessons Lectures from Experts ACT Question of the Day Happy studying!

Regulating offshore outsourcing - Free Essay Example

Sample details Pages: 28 Words: 8332 Downloads: 2 Date added: 2017/06/26 Category Finance Essay Type Analytical essay Did you like this example? Introduction Offshore outsourcing has changed the way business is conducted in the contemporary world of globalised trade and industry[1], as has been argued by Mehlman, who sets the influence of offshore outsourcing into financial context: à ¢Ã¢â€š ¬Ã‹Å"United States-based companies gain opportunities to win global business, particularly as developing nations improve their own domestic markets for hardware, software and services. In 2001, U.S. cross-border exports of IT services totaled $10.9 billion, while imports totaled $3 billion, yielding a trade surplus of $7.9 billionà ¢Ã¢â€š ¬Ã‚ ¦.In 2002, overall commercial services exports exceeded imports by $58 billionà ¢Ã¢â€š ¬Ã‚ ¦.[2]à ¢Ã¢â€š ¬Ã¢â€ž ¢. Businesses are therefore organising on an international level, and splitting up the components of their business so that these components may be transported to a location where the function itself can be carried out more cost effectively and efficiently[3]. The overall business aims are still achieved, however the functioning of the business at organisational and administrative level has been changed[4]. There has been a related and, in many respects a resultant effect upon how the law regulates the behaviour of actors interested in the processes of business connected with offshore outsourcing[5]. Additionally, in many respects, offshore outsourcing is symptomatic of the changes which are occurring on a more global scale[6], such as those brought about by changing technological capacity[7], globalisation and the growing influence of international regulatory bodies such as the UN[8]. This complex business environment has precipitated change in the most fundamental organisational structure and operation of business[9]. Businesses need to adapt to how the world around them operates, to ensure that they retain a competitive edge. The maintenance of this competitive edge has contributed to the rise of offshore outsourcing, as some reg ard this as a practice which makes good business, and economic sense. To link these concepts to legal processes, it is arguable that the changed face of organisational processes has necessarily changed the way these processes are regulated and overseen by legal processes[10]. International trade agreements, as well as structures, organisations and bodies who seek to enforce these agreements have a more significant role in how these legal processes are reconciled to the changed face of business modelling[11]. This project is aimed at reviewing the processes which regulate the behaviour of companies involved in the business of offshore outsourcing. This involves an identification of the relevant laws, and an appreciation of the socio-political environment in which they operate. This project will attempt to address and explain how the processes involved at the interface between legal regulation, and the expansion of offshore outsourcing have changed, and developed in relation to each other and in relation to the interests of various actors such as employees, legal fact-finders, businesses, international legal regulating bodies and the end consumers of products and services. The background to the development of these processes will be explained, and evaluated, and will be explained in contemporary terms. The concept of offshore outsourcing, its functions, its definition and factors which are related to its development will be discussed and evaluated. To assist in this exercise, the writer will draw on examples from businesses organised in different countries and will identify what aspects of legal regulation are the most pertinent within the terms of reference of this process. The writer will then review the laws associated with offshore outsourcing, which affect of these factors, and the review will also encompass the changing areas of law and the proposals which have been made by interested parties in terms of law enforcement and legislative change. In this sense the review will not be confined to the legal regulations in place. It will contextualise this analysis by considering the wider debate, and socio-economic and legislative proposals aimed at how developing the regulation of offshore outsourcing. This project will focus on the argument that, due to the increasing levels of complexity which the offshore outsourcing business model has given rise to, there has been a proportional increase in the reliance on contractual relationships which are designed to regulate the position between two, or more parties to such arrangements. This culture has evolved due to the diffuse legislative provisions which regulate similar principles, differently in different countries. This has increased the onus there is on individual participants within these processes, as different approaches to issues such as data protection, confidentiality, insolvency, choice of law, standardisation, employment and intellectual property rights can all have different consequences for actors, depending on how they are dealt with in any pre-existing agreements which exist between the parties. International agreements have been negotiated between major international states, and these are designed to ensure the operation, and enforceability of such agreements[12]. The evolution of these processes will be examined, critiqued and evaluated alongside the micro, and macro level economic and political factors which have influenced them. Offshore outsourcing Offshore outsourcing refers to the splitting of an organisation in terms of where and how its functions are preformed[13]. The processes which together make up the organisation are separated and a location for the best performance of each process is identified. Where the processes involve an organisation which is a business, some processes are exported to countries and locations best suited to the performance of the each individual process[14]. To move away from the abstracted e xplanation; in terms of a business this means that certain tasks are often exported to a location, or a country which is external to the location where the main business is operated and conducted. It is often the case, that a process, for example the customer service communications aspect of a telecom provider is outsourced to a part of the world where the cost of labour is lower than average. This enables the organisational processes involved in a telecoms service provider to be separated in order to facilitate the cheaper administration of some aspects of the business[15]. Mehlman has argued: à ¢Ã¢â€š ¬Ã‹Å"Expanding operations around the globe enables American companies to operate closer to growth markets and new customers, improving economies of scale for entire enterprises with global reach and tapping the best-and-brightest talent around the worldà ¢Ã¢â€š ¬Ã‚ ¦.[16]à ¢Ã¢â€š ¬Ã¢â€ž ¢. The administration of business organisations are assisted by processes such as advances i n technology[17], and the concept of globalisation which enables businesses to function on an international plain, more readily[18]. The globalised technological structures facilitate the separation of aspects of particular businesses[19]. The factors which influence offshore outsourcing As has been explained in the introduction section, the motivation of those who operate offshore outsourcing processes, in a business environment, is to impose a structure on the business model which is cost effective and competitive[20]. This involves isolating the components of business which can be carried out singularly, and establishing these parts of the business in an environment which is conducive to efficiency and cost saving[21]. This involves an ergonomic assessment of how this part of the business must be run, and what resources are needed to operate it. Then it is simply a matter of locating a combination of the required resources in an environment where all the required resources can be assimilated as cost effectively as possible. The resources which a company wishing to set up an offshore outsourcing business model need to consider are several-fold[22]. Issues relating to taxation, the labour force, technological advancements, health and safety policy and regulations, training and environmental concerns all feature highly in the list of resources, and processes which will need to be understood in order to ensure that the offshore outsourcing approach to business is established in a manner which is conducive to good business practice[23]. These processes and issues are all extraneously affected by the laws which are enacted separately within different countries, to deal with different manifestations of problems and requirements connected with them. Legal processes therefore affect the position of an offshore business model both directly, and indirectly and the essential key to ensuring a successful approach to the offshore outsourcing business model is identifying which of these processes and/or resources are the most important to the functioning of a specific part of a business and ensuring that the location chosen for the establishment of the offshore outsourced business structure assimilates these higher priority resources most favourably. THE OFFSHORE OUTSOURCING BUSINESS MODEL LEGAL REGULATION AND SOCIO-ECONOMIC AND POLITICAL CONTEXT This section will address and review the wider environment which affects the offshore outsourcing business model. The Bush administration, labour markets and employment will be discussed before a more in depth discussion of how this environment is regulated through legal principles. The Bush Administration Fiscal, and socio-economic law reform has brought the issues of the legal regulation of offshore outsourcing to the forefront of the political agenda in America. Mehlman has argued: à ¢Ã¢â€š ¬Ã‹Å"Administration continues to offer aggressive fiscal policies that promote jobs and growth, essential economic medicine in the face of the 2000 à ¢Ã¢â€š ¬Ã…“bubbleà ¢Ã¢â€š ¬Ã‚  market collapse, 2001 recession, and continuing business uncertainty caused by global terror and the corporate finance scandals of the late 1990sà ¢Ã¢â€š ¬Ã‚ ¦.[24]à ¢Ã¢â€š ¬Ã¢â€ž ¢. Policies and law reforms have been designed to secure more domestic jobs for Americans, and make it more advantageous for corporate actors to follow this course of action as well[25]. Policies have aimed to open up global markets to American-based products and services, and there has been an emphasis on the WTO and the extension of bi-lateral trade agreements to facilitate this. It has been anticipated that this will assist in making it more competitive for employers to administer their businesses from domestic locations. There has also been a planned expansion of research and development of new technologies, to ensure that business can improve the efficiency of their businesses through technologic al advancement[26], which perhaps could be an alternative to the prospect of transferring operations abroad. The budget for research and development investment has been increased; some have argued by 25%, with an estimated $123 billion being provided for research and development into new technologies. Taxation regulation has also been addressed, since this has an indirect effect on how corporate actors made strategic business decisions about where to locate their businesses. The newly elected Bush administration has provided tax credit schemes to support the research and development industry[27]. Investment has also been targeted at the infrastructure in the US, facilitating domestic enterprise by making resource distribution more efficient, and cost effective. In terms of technology, the internet has played a large part in the proposals to address issues relating to offshore outsourcing[28]. The internet has been regarded as a tool which can attract domestic investment[29], and persuade those actors who are more inclined to locate offshore to reconsider their position. A greater emphasis on internet security and the launch of 3G services has encouraged the retention of jobs in a domestic context[30]. The internet as a network of communication has therefore been focused upon, as a mechanism which can deliver more security to national users of broadband services. National energy plans have also supported corporate actors and a side effect of these initiatives has encouraged more corporate investment, and job creation at national level. There have been efforts to stimulate the growth of small businesses and entrepreneurial initiatives by providing better access to capital and by making the achievement of regulatory approval for building more efficient. In light of how the issues associated with offshore outsourcing have been addressed, therefore it is arguable that the efforts made to offset the detriments which offshore outsourcing can manifest have la rgely germinated at Federal level, and through initiatives conceived by the administration. This policy agenda has changed how labour markets have developed, and has changed the nature of employment, which of course has in turn changed how these processes are regulated on a micro level. These changes within the labour market and in terms of more specific employment issues will be addressed in the next sections. Location In analysing the legal context for the operation of offshore outsourcing, one has to attempt to evaluate how critical the idea of location is to an individual organisation[31]. Legal, and regulatory efforts to encourage onshore as opposed to offshore administration and management of business have to take these factors into account, if efforts to discourage the displacement of employment to other locations are to be effective. Many industries, for example the telecom, service and communications industries are labour intensive[32]. They require large number s of trained workers to carry out repetitive tasks, for example a customer service, call centre requires workers to communicate with customers and follow appropriate customer service procedures. Within these sectors, the benefits of offshore outsourcing are demonstrable[33], however efforts have been made to reverse the trend towards offshore outsourcing which are not stifling to the business actor. After all, the last thing that the regulators of these industries wish to happen is damage to the financial interests of these corporate stakeholders. The provision of employment could be more drastically effected by such damage. The laws and regulations which best encourage these companies to source their staff, and retain such operations in an onshore environment, are arguably mainly related to taxation, visas and subsidies. Mehlman has surmised: à ¢Ã¢â€š ¬Ã‹Å"Many experts believed the 2001 tax cut moderated the recession that began just after President Bush took officeà ¢Ã¢â€š ¬Ã ‚ ¦(the)à ¢Ã¢â€š ¬Ã‚ ¦stimulus package extended benefits for displaced workers and accelerated depreciation schedules for businesses investment in capital equipment, which helped maintain new business investment in IT. The Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s recently enacted jobs and growth package is stimulating job creation, investment and growthà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦[34]à ¢Ã¢â€š ¬Ã¢â€ž ¢. Other industries, for example some branches of the IT industry have identified advantages and disadvantages which may be associated with offshore outsourcing of their business operations, and administration. It has been argued that industries such as the IT industry do not necessarily derive as much benefit from the offshore outsourcing of their operations, and elements of their business[35]. IT programming is one example of business competency which may be done, as cost effectively onshore as offshore. The current regulatory legal climate in the US can disincentivise the process of rel ocating these competencies abroad. This has been done both directly and indirectly, and it can mean that where there is an overall cost benefit analysis of whether moving functions offshore is considered beneficial. Take the insurance industry for example. The provision of insurance in the US, by an insurance broker, often requires the input of a registered agent. It is not permissible for this process of registration to occur outside the US, so overall the benefits of outsourcing are relatively marginal, or even marginalised. Labour markets The cost of labour is perhaps one of the most significant factors in the success of an offshore outsourced business enterprise[36]. Take call centres for example. There is a well accepted model of business, particularly within the telecoms, IT service providers and utilities service providers which recommend that customer contacts be managed centrally through a call centre through which all calls are channelled. These call centres do not h ave to be located in close proximity to the main provision of the service, or product to which the customer care pertains. The most important element of the offshore outsourced call centre is arguably the labour force who run it. India and other developing countries have a much greater supply of educated, graduates[37] who can easily be trained to work within the call centre business model, and this labour is often more cheap to obtain, with relatively little disparity in terms of skills and quality of service[38]. However, this growing complexity in relation to labour markets has created more complex employer and employee relationships, a theme which will be explored in the next section. Offshore Outsourcing and employment Offshore outsourcing delivers a series of benefits to the employer, as has been argued by Mehlman à ¢Ã¢â€š ¬Ã‹Å"Others suggest that the rise of global competition in service work is a net positive trend for our nation. Competition drives down prices for bu sinesses and consumers and increases their choices. By outsourcing to lower cost operations, businesses are able to reduce their overhead, compress time-to-completion with around-the-clock operations, and focus on core, strategic investments and hiringà ¢Ã¢â€š ¬Ã‚ ¦.[39]à ¢Ã¢â€š ¬Ã¢â€ž ¢. The employee however is forced into an employment situation which is more uncertain, and the offshore outsourcing trends have resulted in increases in domestic unemployment in certain sectors. With increased competition for jobs, and the prospect that jobs could disappear by being moved into another country where labour is cheaper represents a threat and a risk to employees. The research group, the Gartner Group have given the following statistical analysis: à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‚ ¦.in July 2003 that à ¢Ã¢â€š ¬Ã…“by year-end 2004, one out of every 10 jobs within U.S.-based IT vendors and IT service providers will move to emerging markets, as will one of every 20 IT jobs within user en terprisesà ¢Ã¢â€š ¬Ã‚ ¦[40]à ¢Ã¢â€š ¬Ã¢â€ž ¢. It has therefore been argued that the offshore outsourcing trends which have emerged have mainly affected the IT, service industry sector as well as the telecoms and the communications industries[41]. Employees in these sectors, their trade unions and political representatives have argued that the benefits which offshore outsourcing delivers to corporate actors are delivered at the expense of employees and their dependants[42]. Although the converse position has been articulated in the following way: à ¢Ã¢â€š ¬Ã‹Å"Many observers suggest that global competition for white-collar service work mirrors trends we have seen for decades in other sectors and will benefit our nationà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦[43]à ¢Ã¢â€š ¬Ã¢â€ž ¢. Nevertheless, these concerns have been directed at law makers, and there is ever increasing pressure to legislate to protect the position of both employees and employers within the complex legal dynamics which offshore outsourcing can precipitate. These efforts have resulted in a general legislative prohibition on the outsourcing of government work in various states across America. However, the corporate actors, enthusiastic to reap the rewards of outsourcing the operation of parts of business processes are a little harder to constrain. The views which are being expressed by interested groups have resulted in legislative reform as we have seen explained above. These process runs concurrently with proposals for reform in the US. It has been argued that the legislature should commission more research into the effects which the concept of offshore outsourcing has on the levels of unemployment within certain sectors in the US. This research has been commissioned and conducted, and it serves to highlight the concerns of employees, and prospective employees in the US about how the demand for their services is being displaced and made increasingly redundant. The regulation, and issue of visas has been tightened, and various tax incentives have been offered to employers to encourage them to ensure that jobs which could be outsourced are made available nationally. Tax incentives also exist, which are aimed at the investment in training American workers, to ensure that there is an adequate supply of educated and competent workers to sustain such employment. The employer wishing to relocate certain parts of a given business will have to take on board that the laws are different in the country which the business originates and the country where the business is sent, will often be different, in terms of the law, but also oftentimes in respect of language, culture and political ideology. It is a good strategy to ensure that the parts of a given business transferred offshore, are transferred to a country which has laws that are broadly similar. Take for example a company wishing to set up an offshore component of their business (based in the US) in Canada, or in the UK as an example. Perhaps the most notable difference in terms of employment law, is that the idea of à ¢Ã¢â€š ¬Ã‹Å"employment at willà ¢Ã¢â€š ¬Ã¢â€ž ¢ which enables an employer in the USA to terminate the employment of an employee without giving any notice period, does not exist in Canada. Instead employees enjoy rights such as entitlement to notice, which are prescribed for by the legislature. The Canadian legislation, which is similar to the British system, protects the employee in the following terms. The employee is entitled to notice of any planned termination of their contract, or alternatively the employee is entitled to pay in lieu of notice. In common with the British system, the length of the notice period is calculated in accordance with the length of time that the employee has been employed for. In Canada there is supplementary provision for when employees are laid off on a large scale, and in general terms it may be argued that employment laws in Canada protect the employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s position more. In Canada the most important factor in determining what laws regulate the position of the employee is the location of where the work is being carried on. The only exception to this is if the employee is employed by the government, in which case the Federal law applies to regulate the relationship between employee and employer, in every case. The legislature, in the UK and in Canada also provide for minimally acceptable standards for employees in respect of paid holidays, time off for public holidays, overtime provisions and remuneration, health and safety, maternity provisions and remuneration and acceptable maximum levels of employment in any given period of time. In Canada, basic levels of medical provisions are also guaranteed to the individual employee. Health insurance plans are made available to employees and it is often the case that employers provide supplementary health care provision as part of the package of benefits available to employees. It is clear to be seen therefore, that from an employment law perspective there are very different conditions which are expected from individual employees and employers. Because of this, employment is one of the areas which needs to be outlined and provided for in advance of any offshore outsourcing agreements. It may be argued that the increasing levels of complexity have drawn the actors involved in the process away from the national laws of their countries of origin and more towards individual contractual agreements which pre-select the terms of employment through contractual affiliation with one, or more countries. The next section will address, and review how all of these factors manifest at more of an individual organisational level. LEGAL REGULATION OF THE OFFSHORE OUTSOURCING BUSINESS MODEL: A MICRO LEVEL PERSPECTIVE This section will address how the law has attempted to regulate the processes associated with and involved in the offshore outsourcin g business model. The themes which will be focused upon will be conflict of laws, choice of law, location of business, standardisation, intellectual property and intellectual property rights, service level agreements, data protection and confidentiality agreements. Service level agreements SLAs define the scope of the service which is required from the outsourcer, and the expectations which are considered important in relation to each actor within the process[44]. These agreements are commonly drawn up to define and regulate the expectations of the outsourcer vis-ÃÆ'  -vis the actor to whom the outsourced task has been delegated. The parameters and extent of quality expectations, response times, and technological availability will therefore all form part of the terms of this agreement. The laws relating to the enforceability of service level agreements have been discussed previously, and it has been argued that the existence of the service level agreement is a mechanism through which the various actors involved in the business model of offshore outsourcing can both delineate and limit their responsibilities towards the various actors who may be associated with the process of offshore outsourcing, such as the end user of the product, or service being outsourced, employees and managers. The service level agreement is the pivot of the offshore outsourcersà ¢Ã¢â€š ¬Ã¢â€ž ¢ relationship with all of the actors involved in the process of offshore outsourcing. It must address issues such as the transfer and security of protected information, confidentiality agreements and clauses, intellectual property concerns, employeesà ¢Ã¢â€š ¬Ã¢â€ž ¢ rights and responsibilities, the responsibilities of the offshore vendor, the forum in which any disputes may be dealt with and in what ways and the position of the various actors if there are legal disputes. These major functions of the service level agreement and the laws which affect it will be discussed in the next sections. The laws which govern and delineate the smaller scale functions of the service level agreement will also be reviewed and evaluated. Data protection and privacy Outsourcing companies have to take data protection issues into consideration when they contemplate the transfer of their businesses, or a part of their businesses to another part of the world. In this section, the main provisions of data protection principles will be reviewed. In Canada, as is the case in the UK and the rest of Europe data protection is something which is legislated for and protected at a statutory level. In Canada, the federal enacted Personal Information Protection and Electronic Documents Act applies to information stored by actors in the business sector. This legislation accrues rights towards individuals about whom personal data may be stored and used by these organisations. However, in Canada there are no regulations affecting the transfer of data outside the country in which th e data is held. The approach in the USA is very different. Different data protection provisions protect individuals and create obligations in relation to personal data according to which sector the personal data pertains to, for example different rules exist for data held in relation to health, or financial data. In the USA the safety and management of personal data is a live issue, and there are currently a number of privacy bills in Congress which aim to ensure that data used by offshore outsourcers is more stringently protected by the companies, and organisations who have access to them and manage them. Legal complexities arise when organisations are handling data in two different jurisdictions and there are different rules which apply to the maintenance and protection of the same data. One example is when data is managed at call centres in India. In India there are no rules which protect the data outsourced by corporate actors. Corporate actors must therefore implement strate gies which protect them from penalties which may be incurred when an outsourced organisation commits an infringement of data protection rules which is the subject of a penalty. In the UK this problem is addressed through statutory provisions such as the recent amendments to the Data Protection Act 1998. The changes have been communicated by the Information Commissionerà ¢Ã¢â€š ¬Ã¢â€ž ¢s office, and they mainly consist of legal rules which transfer the protections which apply to certain data sets to all actors who handle the data eventually. So, if information is transferred to India from the UK, UK standards govern how the data should be handled and protected. This can present a problem, for the principal businesses of organisations which have certain functions outsourced. This difficulty may be addressed through the inclusion of data protection clauses in the service level agreement. Clauses which require offshore vendors to maintain appropriate and requisite levels of priva cy and data protection are typically included in service level agreements. These clauses can also require the offshore vendor to agree to maintain the same standard of privacy and data protection security as they themselves are. Procedures requiring an offshore vendor to notify the main business vendor of any breaches of data protection principles also effectively protect the offshore outsourcer, as do clauses which require a vendor to carry out training and regular audits of the data protection principles. In terms of reviewing the data protection laws, from the perspective of an offshore outsourcer, it is true to say that the data protection provisions across the world are complex and generally place onerous responsibilities upon the data controllers. These effects may be addressed through the use of contracts which anticipate potential difficulties in advance, set out how these can be avoided and where disputes about them may be resolved. The law relating to the protection of data is therefore quite an emergent set of principles. Additionally, it is quite diffuse and can create a lot of uncertainty for offshore outsourcing agents, particularly at an international level, given how differently the subject is handled in terms of legislation throughout the world. This complexity and uncertainty has led to a trend whereby the service level agreement and all corollary agreements have had to address the complex legal situation and determine in advance how it is to apply to the actors involved. This emphasis on the importance of the service level agreement has evolved resultantly, and it currently exists as a natural counterbalance to the risks which have accrued to offshore outsourcers who seek to expand their business globally using this business model. Offshore outsourcing and confidentiality agreements Confidentiality agreements are often used to set out in advance and protect the interests of both parties to an outsourcing agreement. These agreemen ts are often agreed separately from the principle outsourcing agreement. These agreements protect the confidentiality interests of the parties who agree to them, precisely because they set out the understandings between the parties in relation to confidentiality issues in advance of any potential dispute. The courts will intervene to impute what is supposed to have happened where disputes arise, but this is often a lengthy and expensive process. In this sense, the confidentiality agreement makes the route to judicial remedy more certain and more accessible for a party to one of these agreements. Confidentiality agreements attached to outsourcing agreements will usually contain what are referred to as non disclosure clauses. These protect information, which is usually sensitive and could damage the commercial interests of an organisation, if it were to be widely and freely disseminated. Examples of industries which may operate offshore outsourcing of parts of their businesses, and have use for confidentiality agreements, and non disclosure clauses are for example, pharmaceutical operatives, where formulas for drugs have been made available to employees, and a situation arises where an employee moves to a competing company. Typically, these agreements have legal force through the doctrine of privity of contract. It is usual for the contracting parties to nominate the laws of a particular country which will have application in the event of a dispute which needs to be adjudicated. This circumvents any expensive litigation which may be involved in nominating a country to have the dispute resolved in, which is the course of action which would need to be employed if there was no such governing law clause. In this sense there is no real regulation of these agreements, at federal or local level, rather it is supposed that the parties to the agreements are aware of the implications of such contracts and where their agreement is secured in advance, the agreements h ave legal force, and may be relied upon by both parties. Conflict of laws When businesses operate on an international level, the domestic laws enacted in individual countries often become ill-equipped to deal with the complex legal scenarios which are played out between the interacting companies and interested actors[45]. Because of this, the law has evolved to put together a system of legal regulation which arbitrates in situations where conflict arises. The ambit of contract law enables businesses to clarify in advance which law will be applicable to any anticipated dispute which may arise between two parties to a business transaction. Ordinarily, contracts allow a party to stipulate which countryà ¢Ã¢â€š ¬Ã¢â€ž ¢s laws will govern the adjudication of any disputes which arise between the parties. Choice of law Specifically in relation to the offshore outsourcing business model, because the complex legal relationships which offshore outsourcers frequently encounter thr ough the course of following this business model, it is often necessary for them to compile a comprehensive set of agreements which will chart how any legal disputes will be dealt with, and what laws apply to the transactions and business actors involved. The 2005 Convention on Choice of Court Agreements Treaty gives legal force to contractual clauses which identify the forum in which legal disputes may be dealt with if they arise, and also gives legal force to clauses in contracts which designate the legal forum in which any contractual disputes may be adjudicated. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards also imputes legal force into contractual clauses of this nature. These treaties were designed to encourage a more global emphasis on trade, by providing more certainty to the actors involved in the process. Interestingly, in the advent of the offshore business model, the emphasis has shifted more towards the efficacy and ope ration of these agreements, which are supported by and given more certainty through the international treaties which often lend support to their operation. Intellectual property Intellectual property is another domain which has been thrust to the forefront of business considerations in the field of offshore outsourcing. The idea that patents exist to protect ideas, and original inventions is predicated upon the idea that these patents will have legal force and recognition on an international level[46]. Without a consistent mechanism to enforce these protections, businesses could be irreparably damaged because multi-million pound agreements in relation to products and services are often contingent upon the ownership of an idea or a combination of ideas which make the provision of such a service or product uniquely identifiable. These patent protections therefore protect, not only the idea, but the agreements which are enforced in relation to the ownership of the idea, which are frequently more valuable than the idea itself. Patents therefore amalgamate the creativity of the person to whom the patent belongs with the creativity of individuals or organisations who understand how the idea can be à ¢Ã¢â€š ¬Ã‹Å"packagedà ¢Ã¢â€š ¬Ã¢â€ž ¢ or sold to society. Such relationships are therefore mutually advantageous, and uniquely symbiotic because the value of the transaction is so utterly reduced without the input of one or other of the key players (typically, the person who invents the idea, and the person who markets it). Without intellectual property protection laws, such mutual benefits would be protected in much more uncertain respects[47]. Intellectual property rights are protected in different manners, through different legal systems. The advantageousness of a particular system of legal regulation in respect of intellectual property laws may be seen as a resource, or as a business risk, depending on whose interests require protection and how easy it is to engage these legal protections, in a given location. In light of how important intellectual protection laws are, therefore it is easier to see how an offshore outsourcer could perceive the match between favourable intellectual protections, and an identified requirement of a business in this respect, as a resource which can be used to the advantage of an outsourced corporate competency. Investing in intellectual property The investment in intellectual property protection has also been identified as a way in which corporate actors may be encouraged to establish more domestic operations and business solutions[48], as an alternative to the outsourcing of business abroad. It has been argued that patents are more readily protected, particularly within the pharmaceutical industry in America. This contrasts with the focus on this niche area of business support, which is often overlooked in emerging global market contenders such as China and India. Links with government Govern ment approval of outsourcing is another key strategic advantage to be cultivated and engaged by the business savvy offshore outsourcer. Government approval of the substance and aims of an outsourced venture can often mean that public funding can be secured in the form of subsidies, or grants. An important example could be the peace process in Northern Ireland, where development of infrastructure is subsidised in areas which are sectarian strongholds. Call centres therefore have grown up in these areas, and have been successfully managed by international organisations such as Teletech who manage outsourced customer care projects for telecoms providers based in mainland Britain. The management of these projects mutually benefit the organisations concerned, as a result of the heavily subsidised construction initiatives, which are seen by Government as politically advantageous because they improve areas, historically considered à ¢Ã¢â€š ¬Ã‹Å"no-goà ¢Ã¢â€š ¬Ã¢â€ž ¢ areas in terms of th e employment opportunities which are available, and also aesthetically. In such areas, the rate of unemployment is typically lower, in large part because corporate interests typically shy away from investing in building expensive infrastructure because of the risks associated with terrorism which have existed. The mutually beneficial offshore outsourcing project therefore benefits financially from the Government, but simultaneously delivers an advantage which can be used by the Government for increased political leverage. This process is known generically as the peace dividend. The involvement of the government in the process of offshore outsourcing does not just revolve around subsidies and ensuring that economic and political conditions facilitate the expansion of business. The government have important supervisory functions which are perhaps overlooked because they are often delegated. The next section will consider an important branch of the US governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s s upervisory role, within and relating to the offshore outsourcing business model. Standards, although they appear on first examination to be only tangentially connected with the process of offshore outsourcing are actually very important if positive economic relations, and strong economic foundations are to exist within the US. The topic of standardisation is therefore considered in the next section. Standardisation The concept of standardisation is another factor which affects the propensity of corporate actors to participate in offshore outsourcing[49]. In America, there has been a renewed focus upon the maintenance and regulation of standards for products produced by American manufacturers. Because the assurance of higher standards ensures a more competitive position for products and their producers in global markets, the programme of strengthened regulation of standards within these areas has supported domestic corporate actors, in national businesses, and encouraged more o f these actors to produce their products from domestic locations, where access to this standards support is more readily available. One of the reasons why standards and the maintenance of standards is so critical is that, the presence of appropriate standards can support and facilitate trade with global actors, and markets[50]. Equally standards can thwart access to global markets. It has been estimated that standards issues affect approximately 80% of world trade transactions, and the process of standardisation can both support and impede these transactions[51]. Some commentators regard the issue of standards as the most important non tariff barrier in global markets. The operation of effective standards control, and the regulatory and legal context in which it takes place is therefore a pertinent factor which impacts the decision-making processes of corporate actors considering offshore outsourcing. The onshore regulation of standards is supervised by the Department for Comm erce in America. This department provides supervisory functions, in relation to the maintenance of standards, it can investigate concerns about products. It also provides training and subsidies in the form of grants. Other initiatives such as the à ¢Ã¢â€š ¬Ã‹Å"best practicesà ¢Ã¢â€š ¬Ã¢â€ž ¢ database aim to support the reputation, of products governed through these standards regulations, and schemes which disseminate technical information and recommendations about trade associated standards issues and risks[52]. The US system for the supervision of standards has been described as decentralised, and aligned with industry actors, and stakeholders. Quasi-governmental organisations exercise delegated supervisory powers, and those agencies are referred to as Standards Development Agencies (SDOs). There are approximately 450 of these organisations[53]. The activities and regulatory powers of these organisations are commissioned and spurred on through government interventions, policie s and the passage of legislation which is implemented by the agencies concerned. A law referred to as Public Law 104-113, the National Technology Transfer and Advancement Act of 1995, along with the Office of Management and Budget Circular A119 both require that federal authorities attempt to establish voluntary consensus about the implementation of aspects of regulation. The agencies to whom delegated functions derive, are required by this legislation to participate in these initiatives also. On a more international level, the regulation of standards is also impacted by the WTO Technical Barriers to Trade Agreement. There is an associated code of practice which must be adhered to, which operates in conjunction with this agreement[54]. In accordance with Article 4 of the WTO TBT Agreement, members of the WTO must accept that their central administrations, and or executives implement and oversee the implementation of this code. These functions exist concurrent with the function s of the International telecommunications Union, which is an agency funded through the United Nations and which develops standardised guidelines and policies associated with technology in the communications sector. Within the Food and Agriculture sector, an organisation referred to as Codex develops similar guidelines in relation to food. Codex aims to enforce standards relating to fair trade and protect the health of consumers. The aviation industry is similarly supervised through the International Civil Aviation Organsiation which recommends industry specific standards relating to the aviation industry. Equally, the enforcement of legislation is overseen by the International Maritime Organisation in relation to shipping and the safety of maritime activities, and associated issues such as the pollution of the marine environment. The organisation for economic co-operation and development (OECD) assists with the oversight of international standards, as do working groups such as th e United Nations Commission for Europe (which advises about issues connected with transport). Through these organisations, standards are enforced in the US in line with the policy that federal laws must be overseen at as local a level as possible, and the participation of some voluntary consensus representatives must be facilitated. The main procedure for the enforcement of law within these involved the implementation of a conformity assessment. This is a system of standardisation, which itself is standardized across the various industries. This process involves the sampling of products, produce, and equipment. Testing is carried out, along with evaluations, certifications, software monitoring and assurances of conformity are given. These processes support and ensure the smooth operation of the offshore outsourcing business model. Many industries which have reaped the rewards of offshore outsourcing are dependent upon the reputation which their business has by virtue of the fa ct that in may be principally based in a particular location such as the US. Standardisation ensures that products and services known to originate from the USA are guaranteed to have a certain standards, for example in relation to health and safety and quality. Without standardisation, there would be a lot more uncertainty for businesses to cope with. The legal regulation associated with standardisation prevents this and provides a strong foundation for businesses to build their own reputations and the brands, or trademarks which drive their businesses. Conclusion This project has considered the topic of the offshore outsourcing of business processes, along with the complex relationships which underpin and drive these processes. The concept of offshore outsourcing was defined and its functions were explained and evaluated. The position of the offshore outsourcing model of business was then considered within a legal context and the laws which regulate offshore outsourcing we re reviewed in depth. The bigger picture was also considered, in terms of the wider socio-political environment which determines the nature and the applicability of legal regulation of such processes and relationships to a large extent. This included a review of fiscal policy under the Bush administration, and how this has impacted upon the regulatory and commercial environment within the US. It was argued throughout the project that while the extraneous legal processes themselves are important, of and by themselves, they do not stand alone in terms of how significantly they affect the interests of corporate stakeholders responsible for offshore outsourced business enterprises. It is suggested therefore that it is not the legal processes themselves which should correctly be the subject of research and pre-project planning, but their potential application within the context of pre-identified goals of such enterprises. In short the legal processes themselves are not as important as the intersecting relationships which affect how these legal processes take effect. It has been argued that the most important aspect of the regulated offshore outsourcing business model is the service level agreement which is so often supported through treaties such as the 2005 Convention on Choice of Court Agreements Treaty, and the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. These treaties underpin and lend credibility and reliability to the most important functions and structure of the offshore outsourcing business model. The service level agreement ensures that complicated legal processes and regulation can be understood and anticipated by actors both reliant upon and regulated by such agreements. In many senses, because of the levels of complexity which are brought into the equation by the intersecting relationships between international locations and actors, the service level agreement has been used and has evolved as a mechanism which reduces the level of risk to which corporate actors are exposed by virtue of these complexities. The service level agreement is therefore a legal construct which defines the functions and relationships which underpin the offshore outsourcing business model. It continues to be an important tool for those involved in the process and is malleable enough to absorb and reflect changes to the structures and processes which, may be deconstructed but which together represent the business model of offshore outsourcing, a model which has brought sweeping change to the way business is conducted and developed in the USA and internationally. Bibliography Books ATUL VASHISTHA, AVINASH VASHISTHA THE OFFSHORE NATION: STRATEGIES FOR SUCCESS IN GLOBAL OUTSOURCING AND OFFSHORING McGraw Hill Higher Education 2007 ELIZABETH ANNE SPARROW A GUIDE TO GLOBAL SOURCING: OFFSHORE OUTSOURCING AND OTHER GLOBAL DELIVERY MODELS British Computer Society 2004 DIANA FARRELL OFFSHO RING (McKinsey Global Institute ed. Harvard Business School Press) (2007) MARK KOBAYASHI-HILLARY OUTSOURCING TO INDIA: THE OFFSHORE ADVANTAGE (Springer-Verlag Berlin and Heidelberg GmbH Co. K.) (2005) Articles Bruce P. Mehlman, Offshore Outsourcing and the Future of American Competitiveness United States Department of Commerce (2003) Available at: https://www.mckinsey.com/mgi/publications/emerginggloballabormarket/Part3/Index.asp . U.S. Department of Commerce (Secretary Donald L. Evans), Standards Competitiveness: Coordinating for Results Removing Standards-Related Trade Barriers Through Effective Collaboration (2004) Reports US Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Office of Technology Policy and Technology Administration, Partners on a Mission: Federal Laboratory Practices Contributing to Economic Development, (November 2003) US Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Office of Technology Policy and Technology Administration, A Survey of the Use of Biotechnology in U.S. I ndustry, (October 2003). 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Frankenstein, By Mary Shelley Essay - 1595 Words

In Mary Shelley’s â€Å"Frankenstein,† Mary Shelley tells a story within a story in the 18th century. In the beginning, the story is framed by Robert Walton’s, an English man traveling in the Artic, remanences. Walton begins to narrate a story about a Swiss scientist named Victor Frankenstein. This narrative is terrifying and gruesome due to the horrific events that take place during the story. Frankenstein was a medical student who eventually found himself intrigued with surgical experimentation. Due to his fascination with animation, which soon evolves into an obsession, Frankenstein finds himself in a situation that he was unprepared for. In all his â€Å"success,† Frankenstein realized that his experimental outcome is too much for him to handle; even though Frankenstein is knowledgeable when it comes to the medical field, his lack of morals leaves him in sad isolation. Which was carried out by no other than his own creation, the creature he had reanim ated himself. However, many critics tend to sympathize with the creature despite his actions to destroy Frankenstein’s life. Even though the creature executed terrifying actions, he was raised by a selfish man with no concern for his life. The Creature was created with an innocent child-like mind in the beginning. Nevertheless, the creature had an appearance that was scary and too much for the public to handle, including his own creator Frankenstein. Frankenstein abandons his creature and deprives him of nurturing actions. For thisShow MoreRelatedFrankenstein, By Mary Shelley1650 Words   |  7 Pagesbook of Frankenstein does one just think of a mythical science fiction book that really has no meaning? Frankenstein can have numerous meanings depending on how a person perceives it. Frankenstein can be analyzed into many themes; some say religion, feminism, or scientific symbolization, it all depends on ones own perception. When one analyzes further into Mary Shelly’s l ife and then interprets the novel it is obvious that is a sociological theme. One can simply assume that Mary Shelley creates FrankensteinRead MoreFrankenstein by Mary Shelley1093 Words   |  4 Pagesfaster than man can contend with. That argument is the premises, moral, and plot base for Mary Shelleys tale Frankenstein. On the other hand, J. Michael Bishops, essay Enemies of Promise   on the other hand promotes and boast sciences achievements. However, Mary Shelley presents her point of view subtly yet very dramatically, which is much more effective than that of J. Michael Bishop. The dramatic story Shelley creates becomes a part of the reader, therefore holding the readers attention. ShelleysRead MoreMary Shelley Frankenstein859 Words   |  4 Pages Mary Shelley The Creature in Mary Shelley’s â€Å"Frankenstein or the Modern Prometheus† needs a companionship as every ordinary human. Every man needs a woman, who will able to share moments of happiness and sadness, a woman who will be able to share thoughts and of course a woman who will be able to love a man. In this case the Creature needs a bride. But the problem is that the Creature from the â€Å"Frankenstein or the Modern Prometheus† is not a human. SoRead MoreFrankenstein, by Mary Shelley1138 Words   |  5 PagesIs Frankenstein a man, whose ambition led to a disaster; or a monster, which created a life with disregard for the human race? Frankenstein, in my opinion, was the monster not the life that he had created. Frankenstein never admitted to his family what he had done, never admitted responsibility for his actions. He might as well have killed Elizabeth, William, Justine, and Clerval with his own hand. The so called â€Å"Monster† only wanted companionship; he did not want to murder those people. TheRead MoreFrankenstein, By Mary Shelley1325 Words   |  6 PagesI have been informed that you are pushing to remove the book Frankenstein by Mary Shelley from the school curriculum. I’ve decided to write to you and explain why I believe that you are misinformed, and in fact, why this is a huge importance to the students of today. Frankenstein is a classic which recounts the life and horrors of Victor Frankenstein, as told through a series of letters and narrations. His obsession with the natural world and science brings him to a state of mind which ultimatelyRead MoreFrankenstein, By Mary Shelley1580 Words   |  7 PagesFrankenstein by Mary Shelley is a sci-fi novel written during the Romantic Movement in Britain’s early nineteenth century. The movement was stimulated by the French Revolution, Industrial Revolution and in reaction against the emphasis on reason in eighteenth-century Enlightenment philosophy (The Romantic Movement, 2014 ). Mary Shelley’s husband, Percy Shelley was also a romantic poet during the movement. Shelley’s novel is evidently influenced by her relationship with her husband, which is illustratedRead MoreFrankenstein by Mary Shelley739 Words   |  3 Pagesinterconnections of humanity, nature, and divinity (â€Å"Romanticism 1†). English Romanticism being trendy in Europe, people would vent their outlooks onto their personal fiction works such as Mary Shelley. Shelley uses vivid creativity and romantic elements to create one of her admired novels, Frankenstein. In Shelley’s novel, Frankenstein, most of the characters prove their compassion for mankind, prove their rejection of technology and science, and prove their involvement in a romantic quest. These several characteristicsRead MoreFrankenstein, By Mary Shelley1040 Words   |  5 Pages In 1818, a book titled Frankenstein was published anonymously, mysteriously dedicated to William Godwin, a prominent journal ist and political philosopher of his time. The immediate reviews of the novel were mixed, most edging towards critical, although no one knew who the book was written by. However, while Frankenstein failed to gain popularity immediately, no one had any idea the lasting impact this novel would have on the world. Despite the lukewarm reception at its debut, it soon proved to beRead MoreFrankenstein, by Mary Shelley1078 Words   |  5 PagesMary Shelley’s Frankenstein has undoubtedly withstood the test of time. Frankenstein’s direct association with fundamental Gothic literature is extremely renowned. However, the novel’s originality is derived from the foundational thematic values found within the relationship (or lack there of) between Victor Frankenstein and the monster he had created, in combination with a fascinatingly captivating plot. Understandably, Frankenstein can often be associated with a multitude of concepts; however,Read MoreFrankenstein, By Mary She lley1532 Words   |  7 PagesLike any author, especially one who created a new genre, there will be criticism, and Shelley is no exception. Shelley received criticism surrounding Frankenstein not only because she was a female writer, but because of her writing style. Originally, Frankenstein was published anonymously and was thought that her husband, Percy Shelley, wrote it (â€Å"Mary Shelley Biography† 2016). Shelley may have published Frankenstein anonymously because â€Å"’women understood that they got a â€Å"better hearing† if it was thought

Hamlet To Kill or not to Kill Essay Example For Students

Hamlet To Kill or not to Kill Essay Hamlet is arguably one of the best-written plays of William Shakespeare. Within every great piece of literary art, there is a climax, or a moment in the story where it reaches its peek. In Hamlet, there are three scenes that can be debated as the turning point. These scenes are, a play-within-a-play, the prayer scene, and the scene from Gertrudes room. In each of these scenes there is an intense moment which, depending on the readers point of view, can be viewed as the turning point. Through critical analysis the climactic scene will be proven to be the play-within-a-play. The plot behind the story of Hamlet is that a ghost claiming to be Hamlets father has told the Prince of Denmark, that Claudius has murdered him to marry Gertrude, and to become king. The ghost wants Hamlet to kill Claudius in revenge for killing him, and claims it is his duty as his only son. Based on the ghosts words alone, Hamlet does not want to kill Claudius because it is morally wrong, even though he hates him for marrying his mother. And while the ghost may look very much like his father, Hamlet is not sure whether or not the ghost truly is his father or not. To test the validity of the ghosts accusations, Hamlet devises a plan to see if Claudius is guilty for the alleged acts. The method he uses is in the scene known as a play-within-a-play. In act three scene two, Hamlet instructs the actors of how to perform a play that he wishes it to be performed. This play re-enacts the death of King Hamlet by the poison of Claudius, according to the late King himself. During the play Ki ng Claudius asks, What do you call the play? and in response Hamlet slowly answers, the Mousetrap, (Shakespeare III.ii lines 260-261). As the play continues, Horatio watches Claudius and notices discomfort as he watches the play, and at the very end when the Player King has died, Claudius immediately stands up and storms out of the room. This scene is the turning point of the play because it answers the question of Hamlet as to whether or not the ghost is his father, and if he is telling the truth. By the reaction Claudius it is clear that he is guilty of the murder of Hamlets father. At this point, Hamlet has just reason to have revenge on Claudius and kill him. With his justifiable reason, Hamlet searches for his moment to kill Claudius, his first opportunity is in the prayer scene. The prayer scene is another scene that can controversially be called the turning point. In this scene Claudius confesses through his prayers in his soliloquy that he is the murderer of his brother. As he prays he says that he cannot be forgiven for his foul murder. I am still possessed of those effects for which I did the murder: my crown, mine own ambition and my queen, (Shakespeare III.iii lines 57-59). By this Claudius states that he isnt sorry for what he did because, essentially he feels that being King, and having what he has now, is worth killing his own brother. As he prays Hamlet is close by and is ready to kill him. He with draws his sword and gets ready to impale him until he realizes that killing Claudius while he is praying will only send him to heaven. Hamlets revenge is only worth it if he will send Claudius to hell. Therefore, he decides to kill Claudius when he is in the act of sinning to ensure his fate. Although this was an intense seen where Claudius admits openly to killing his brother and that he is not sorry, the scene is not as climactic as the previously discussed play-within-a-play. This scene does show that Hamlet is serious in his vindication, but his judgment is not clouded by it. This is proven when he realizes that during prayer is not the time to kill his uncle. .u0fb573fd951b0535d9090d9f88d545d8 , .u0fb573fd951b0535d9090d9f88d545d8 .postImageUrl , .u0fb573fd951b0535d9090d9f88d545d8 .centered-text-area { min-height: 80px; position: relative; } .u0fb573fd951b0535d9090d9f88d545d8 , .u0fb573fd951b0535d9090d9f88d545d8:hover , .u0fb573fd951b0535d9090d9f88d545d8:visited , .u0fb573fd951b0535d9090d9f88d545d8:active { border:0!important; } .u0fb573fd951b0535d9090d9f88d545d8 .clearfix:after { content: ""; display: table; clear: both; } .u0fb573fd951b0535d9090d9f88d545d8 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u0fb573fd951b0535d9090d9f88d545d8:active , .u0fb573fd951b0535d9090d9f88d545d8:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u0fb573fd951b0535d9090d9f88d545d8 .centered-text-area { width: 100%; position: relative ; } .u0fb573fd951b0535d9090d9f88d545d8 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u0fb573fd951b0535d9090d9f88d545d8 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u0fb573fd951b0535d9090d9f88d545d8 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u0fb573fd951b0535d9090d9f88d545d8:hover .ctaButton { background-color: #34495E!important; } .u0fb573fd951b0535d9090d9f88d545d8 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u0fb573fd951b0535d9090d9f88d545d8 .u0fb573fd951b0535d9090d9f88d545d8-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u0fb573fd951b0535d9090d9f88d545d8:after { content: ""; display: block; clear: both; } READ: Essay about WorkThe final of the three climactic scenes is when Hamlet talks with his mother Gertrude. The scene begins as Gertrude attempting to talk to Hamlet about his behavior