Persuasive memo Assignment Example | Topics and Well Written Essays - 500 words

Persuasive memo - Assignment Example Because of this, I would like to propose a comprehensive training program that will initially focus on our front-liners as they are in direct contact with the customers. Based on the conducted survey, 44% of the customers who took time to write comments complained of slow service while 50% suggested other pastry products because of â€Å"soggy Danishes.† For employees, many of them commented about the desire to be trained. From these feedback, it can be assumed that a comprehensive training program would be welcomed by the employees and the resulting acquired skills would result to service and products customers would be happy with. The proposed training program will be specifically designed to meet the standards of the company with regard to production and customer service. The survey suggests that these are the areas that will greatly benefit from immediate training. It is also proposed that that the training program be implemented immediately while more clients are satisfied with the company’s services. A happy customer can help with the marketing and boost the company’s financial numbers. Designing and implementing any new program will incur costs. Also, even with the proper training, some employees may still not manifest the newly-acquired learning or skill. Nevertheless, given the results of the two surveys conducted and in line with the company’s business improvement program, I am of the mind that this program is important to despite the expense it will bring to the organization. It is possible that with solid research and careful planning, the potential costs and downsides of the suggested endeavor will be minimal compared to the benefits the company will attain in the future. The sooner we invest on training our employees, the sooner we can satisfy our clients and the people working for us. Based from my experience in the industry, these two groups can have a big influence on the success of any company. Capitalizing on an

Independence of the judiciary in Australia Essay Example for Free

Independence of the judiciary in Australia Essay To understand the expression the independence of the judiciary you first must understand what is meant my judiciary. The judicature is: The judicial power of the commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a chief justice and so many other justices, not less than two, as the Parliament describes. Using this definition contained in the Australian Constitution, the expression the independence of the judiciary to my understanding refers only to independence in making decisions in court cases. It means that in making such decisions a judge must be individually independent and free from pressures which could influence a judge in reaching a decision in a case other then by intellect and conscience based on a genuine assessment of the evidence and an honest application of the law . The independence of the judiciary also incorporates that the judiciary is totally isolated from the other branches of the government these branches being the executive and legislative arms which make up the separation of powers as outlined in the Australian Constitution. Judicial independence is of the utmost importance to our judicial system, and to our system of government, because without judicial independence they become useless institutions. The importance of an independent judiciary is to maintain the rule of law, the rule of law being the principle that no member of society is above the law, every member of society is bound by the law, and everyone is equal before the law. The International Covenant on Civil and Political Rights (ICCPR) states the fundamental rights that every human being is entitled to and includes rights referred to in the section, Procedural Guarantees in Civil and Criminal Trials . Article 14 (1) states:All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial  tribunal established by lawThe appointment of a judicial branch of government, as outlined in the Australian Constitution and the guarantee that it is completely separate and independent of the other branches, represents the main way by which most states seek to adhere with the principles contained in the previously stated provision of the ICCPR. As Sir Anthony Mason said:The separation of judicial power is not only protection against the exercise of arbitrary power, but it also assists in maintaining the independence of the judiciary and contributes to public confidence in the administration of justice. This statement highlights the importance in ensuring that the judicial power remains separate to ensure that the public can have confidence in the application of the judicial process. Public perception of judicial impartiality is the essence of judicial independence. The independence of the judiciary can be threatened in Australia because total separation of the judicial power is near impossible in the real world. In many countries, including Australia, the Executive Government appoints judges and. this may be seen to threaten the independence of the judiciary. The executive can affect the judicial through the manner in which it seeks to exercise its power of judicial appointments. By exercising this power the executive can shape the future directions in judicial interpretation, especially by a court which has the task of constitutional interpretation, such as the High Court of Australia. This was seen in the request of Deputy Prime Minister Tim Fischer for appointment of Capital C conservative judges in the wake of the Wik decision. The Constitution says that the separation of power is divided between the three arms of government so there can be a system of checks and balances in place to ensure the power of the other two is being exercised in accordance with their outlined role. But can we really have a complete separation of power, when the Prime Minister works within the Executive and Judicial arms of government. However the independence of the judiciary is put to the test when it comes to judges being guided by their understanding of the law, the facts of the case and the pull of conscience to a judgement which is opposed to what the other branches of the government may want. As Kirby CJ highlighted the High Court of Australia has on a number of occasions, over the past 100 years upheld the Constitution and has made judgements which have gone against the principles of the elected Governments and Parliaments. In 1948 it struck down the nationalisation of the private banks . In 1951, it declared unconstitutional an attempt to dissolve the communist party and to deprive communists of basic rights . In 1992 it overturned much earlier law to uphold the rights of Australias indigenous people in their land . In 1996 it held that such rights were not necessarily extinguished by the grant of pastoral leases which cover about half of the land of the Australian continent . These court decisions show that judicial independence has not been threatened in Australia over the last 100 years. The above decisions would be highly unlikely in a country where judicial independence was not guaranteed by the letter of the Constitution. A Privy Council case which dealt with separation of arbitrary and judicial powers was the Boilmakers Case (1956) . The High Court held that it was unconstitutional for the Commonwealth Court of Conciliation and Arbitration to be vested with both arbitral and judicial powers because of the acceptance in the Constitution of the separation of legislative and judicial powers . As a result, the Conciliation and Arbitration Act 1904 was amended to establish two separate bodies. From 15 August 1955 to 2 March 1956 a Full Court of the High Court of Australia, heard an application by the Boilermakers Society for a writ of prohibition on the grounds that the exercise of the earlier orders was . . . contrary and repugnant to the provisions of the Constitution of the Commonwealth and, in particular, Chap. III thereof.The application was  upheld by a majority of the Court. The decision was also affirmed in an appeal to the Privy Council. This case set a precedent that the Parliament cannot invest Ch III courts and/or judges with non-judicial power, which further instates that independence of the judiciary within Australia. A further Case which also highlights that the independence of the judiciary is not threatened in Australia is the case Brandy v Human Rights and Equal Opportunity Commission (HREOC) [1995] . This case reinforced that the HREOC was not originally given the power or authority to enforce its judgements, as it was not a court in accordance with Ch III of the Australian Constitution. If the judgement was to be legally enforced upon the respondent then the matter would have to be heard in the Federal Court. The court held that it was an invalid exercise of judicial powers by the HREOC, which highlights that the independence of the judiciary is being upheld within Australia. Sir Ninian Stephen observed that an independent judiciary, although formidable protector of individual liberty is at the same time a very venerable institution, a fragile bastion indeed . In 1989 he was of the view that judicial independence was still flourishing in Australia. A year later, Sir Daryl Dawson was confident that it was alive and well. Judicial independence does not mean that judges are not accountable for their decisions and judgements. Judges are just as accountable as the executive and legislative arms of government just in a different way. This was highlighted in a paper prepared in 1998 for the New South Wales Parliament on Judicial Accountability, the author noted that Australia has important procedures operating to make the judiciary accountable to the community, these procedures are informal measures; judges are obliged to hear argument from both parties; judges are obliged to conduct hearings in public, which makes them more accountable; judges must give reasons fortheir decisions; and their judgements are subject to appeal. There are a number of ways in which the independence of the judiciary is maintained within Australia. These include, most significantly, the provisions in the Australian Constitution guaranteeing security of tenure and fixed remuneration for federal judges and magistrates. Chapter III of the Constitution outlines in s72 that:(i)shall be appointed by the Governor- General in Council;(ii)Shall not be removed except by the Governor- General in Council on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity. (iii)Shall receive such remuneration as the parliament may fix; but the remuneration shall not be dismissed during their continuance in office. These protections are intended to ensure members of the judiciary may carry out their functions without fear or favour, in accordance with their oath of office. To further cement its independence in relation to the Government and in relation to Parliament S 71 of the Constitution which states shall be vested means that the High Court cannot be eliminated by Parliament. Section 72(ii) means that the Government cannot remove a judge except by persuading Parliament that there is proved misbehaviour or incapacity. Section 72(iii) is to make sure that the Government or Parliament cannot punish a judge financially for decisions it does not like. The independence of the judiciary is necessary to the rule of law, to ensure that the Government itself acts in accordance with the law. For the Independence of the judiciary to remain strong within Australia public confidence is essential. It is important that the judiciary be, and be seen to be independent. From the cases above and decisions made by the High Court it can be seen that judicial independence is still flourishing  within Australia and will continue to flourish if the judiciary can secure and preserve the confidence of the public. Bibiliography 1. Journal Articles/Books/ReportsBooks-Elizabeth Ellis, Principles and Practice of Australian Law (2nd Edition 2009)-Enid Campbell and H.P Lee, The Australian Judiciary-Christopher Enright, Federal Administrative Law2. Cases:- R v Kirby; Ex parte Boilermakers Society of Australia (1955-56) 94 CLR 254- Wik Peoples v Queensland (1996) 187 CLR 1- Bank of New South Wales v The Commonwealth (1948) 76 CLR 1- Australian Communist Party v The Commonwealth (1951) 83 CLR 1- Mabo v Queensland [No 2] (1992) 175 CLR 1- Brandy v HREOC [1995] 183 CLR 245; 127 ALR 13. Legislation:- International Convention on Civil and Political Rights, Art 14- The Australian Constitution4. Other- John Kilcillen, The Australian constitution: First Reading Macquarie University 2004- Kirby, Michael Justice, International Bar Association Human Rights Institute, Independence of the Judiciary 12-14th June 1998- A Lamer, The Rule of Law and Judicial Independence: Protecting Core Values in Times of Change (1996) 25 Monash University Law Review 209- General Jeffer Michael, The Opening of the Judicial Conference of Australia Colloquium, 6th October 2006

Hutchinson-Gilford Progeria Syndrome Genetics

Hutchinson-Gilford Progeria Syndrome Genetics Progeria is a rare, fatal, sporadic, autosomal dominant syndrome that involves premature aging, generally leading to death at approximately 13 years of age due to myocardial infarction or stroke. The genetic basis of most cases of this syndrome is a change from glycine GGC to glycine GGT in codon 608 of the lamin A (LMNA) gene, which activates a cryptic splice donor site to produce abnormal lamin A; this disrupts the nuclear membrane and alters transcription. Mutations in the Lamin A: To date, models have been proposed to explain how mutations in the lamin A gene could lead to HGPS, structural fragility and altered gene expression. One model links HGPS to stem cell-driven tissue regeneration. In this model, nuclear fragility of lamin A-deficient cells increases apoptotic cell death to levels that exhaust tissues ability for stem cell-driven regeneration. Tissue-specific differences in cell death or regenerative potential, or both, result in the tissue-specific segmental aging pattern seen in HGPS. Children born with HGPS typically appear normal at birth, but within a year they begin to display the effects of accelerated aging. Typical facial features include micrognathia (small jaw), craniofacial disproportion, alopecia (loss of hair), and prominent eyes and scalp veins. Children experience delayed growth and are short in stature and below average weight. Due to a lack of subcutaneous fat, skin appears wrinkled and aged looking. Other key abnormalities include delayed dentition, a thin and high pitched voice, a pyriform (pear-shaped) thorax, and a horse riding stance. As they mature, the disorder causes children to age about a decade for every year of their life. This means that by the age of 10, an affected child would have the same respiratory, cardiovascular, and arthritic conditions as a senior citizen. On average, death occurs at the age of 13. HGPS vs. Inheritance HGPS had been proposed to be a recessive disorder due to observations of affected individuals found in consanguineous families. However, many cases of progeria were also observed in families in which the parents were not related, suggesting sporadic autosomal dominant inheritance, which has been confirmed with the discovery of the causative mutations. Others have reported the presence of various chromosomal abnormalities, such as an inverted insertion in the long arm of chromosome 1, as possible contributing factors to the disease. These cytogenetic clues proved to be critical for discovery of the HGPS gene. HGPS vs. Genetics After many years of appreciating that HGPS was caused by genetic rather than by environmental factors, researchers took the first steps in isolating genetic mutations that cause HGPS. A team centered at the National Human Genome Research Institute in Maryland, under the direction of Francis Collins, initiated their search with a genome-wide scan. Using 403 polymorphic microsatellite markers, the investigators found no evidence of homozygosity in 12 individuals with classical HGPS. However, two individuals showed uniparental isodisomy of chromosome 1q, and one had a 6Mb paternal interstitial deletion in 1q. From this observation, the investigators concluded that the HGPS gene must lie within a 4.82Mb region on chromosome 1q. This region contains approximately 80 known genes, including Lmna. Lmna and Types A-type and B-type lamins (Type V intermediate filaments) are the main components of the nuclear lamina, the innermost layer of the nuclear envelope. The nuclear lamina in mammalian cells is a thin (20-50 nm) protein meshwork that interacts with various proteins and chromatin and is essential for maintaining the structural integrity of the nuclear envelope, the protective barrier between the cytoplasm and nucleus. Cell studies of HGPS patients Immunofluorescence studies with antibodies against lamin A/C were performed using fibroblasts from HGPS subjects and their parents. The results showed structural nuclear abnormalities in 48% of HGPS cells compared with

Death Over Life in Flauberts Madame Bovary Essay -- Madame Bovary Ess

Death Over Life in Flaubert's Madame Bovary      Ã‚  Ã‚   Often in literature, a character is found that is quite memorable. Never was this more true than in Flaubert's Madame Bovary. To some, Emma Bovary's action at the end of the novel was drastic and unnecessary; others believed her death to be the end of the natural progression of the story. However, Emma's decision to commit suicide was relatively simple, yet came as a last resort. She had exhausted all the other options she felt were available, and in the end made her plan based on finances, lost love, and the sheer boredom of her life.    One motivation for Emma's suicide was her financial problems. She spent extravagant amounts of her husband, Charles', money on dresses, scarves, and house decorations. More money was expended for Emma's "music lessons," which were actually her alibi for her affair with Leon. Also, she had spent too much money while preparing to run off with Rodolphe, a journey that never occurred. All Emma's debts piled up, then came due at the same time; she tried to put them out of her mind, to no avail. She even went as far as to beg money from Rodolphe, her former lover, who rejects her. After leaving Rodolphe Emma is angry; she has lost her normal ability to reason, but could still make a decision (Roe 42). As she could not forget, she devised, in a moment of "Emma-style logic," the solution to her problems. So, "...in an ecstasy of heroism, that made her almost joyous, she ran down the hill...and reached the chemist's shop" (Flaubert 221-222). Once at the chemist's, she frantically ingests a lethal dose of arsenic. It is tragic that the only release from her problems Emma could see was death.    Emma's failed love af... ...cide became her only option, and having taken the action she thought necessary, "...she went home, suddenly calmed, and with something of the serenity of one who had performed a duty" (Flaubert 222). However, Emma's death was not serene; it was violent and grotesque. Ironically, she did finally achieve "tragic romance heroine" status: she died young, penniless, and heartbroken.    Works Cited Buck, Stratton. Gustave Flaubert. University of the South: Twayne. 1966. 68-72. Flaubert, Gustave. Madame Bovary. New York: Dover. 1996. Green, Frederick C. French Novelists: From the Revolution to Proust. New York: Frederick Ungar, 1964. 233. Roe, David. Gustave Flaubert. New York: St. Martin's, 1989. Turnell, Martin. "Madame Bovary." Flaubert: A Collection of Critical Essays. Ed. Raymond Giraud. Englewood Cliffs: Prentice-Hall, 1964.   

Indian Economy: Adopting New Approach Essay

After independence, India chartered a path of economic development based on mixed economy, building a new industrial structure around the public sector and a closely monitored, regulated and controlled system where government played the role of licenser in the process of building industry. There were few hiccups in between. In the late 70s Mrs. Indira Gandhi brought in small doses of liberalization. In the mid 80? s Rajiv Gandhi did likewise but the real change came in 1991 when economic crises were looming large on the horizon. India’s economy could be termed as a developing economy which is characterized by the coexistence, in greater or lesser degree, of utilized or unutilized manpower on the one hand and of unexploited and exploited natural resources on the other. A developing economy bears the common features of technological backwardness at low per capita income coupled by widespread poverty, heavy population pressure, low grade productivity, high unemployment, low level utilization of country’s natural resources, rigid social structure, predominance of old beliefs, lack of opportunity for capital formation, pre-dominance of agriculture and scanty participation in international trade etc. But all this is amidst a possibility of economic development, small pockets of high rates of economic growth and affluence. It is gain saying truth what the world economy has experienced that colonization directly lead to the exploitation of the colonized country by the colonial rulers. Colonization is also a factor for the underdevelopment of a country’s economy. India was a victim of the colonial feature of economic exploitation for more than hundred years. The British colonial exploitation in India can be broadly divided in three periods. They are (i) the period of merchandised capital, (ii) the period of industrial capital which leads to the drain of Indian wealth for the interest of British industry and (iii) the period of financial capital. During British period foreign capital flowed into India. However in real terms those capitals were not according to the proper needs of Indians and directly helped the capital growth of Britishers. The overall impact of British rule in Indian economy can be summed up as stagnation of per capita income ever a long period of time, high priority to the traditional method of agricultural activities, repeated famines and acute poverty of handicrafts and traditional village industries defective land holding and erroneous implemen tation of zamindari practices etc. The basic aim of British administration in India was to transform Indian subcontinent as a consumer market for British furnished goods, Technological up gradation and development of infrastructure as well as social infrastructure were negligible. During the independence Indian economy had almost all the features of an underdeveloped economy. In the last fifty years of self-rule, a lot of policy initiative has been taken up by the government of India to upgrade the economic base of the country. Still Indian economy is gripped by poverty, population explosion, backwardness both in agriculture and industry, low grade technological development, high unemployment and wide difference between the high and low income levels. Now in India incidence of poverty is coexisting with sophisticated nuclear technology. The policy measures taken within the last five decades metamorphosed Indian economy to break the stagnant per capita income to achieve self sufficiency in food grain production. Indian economy is a unique blend of public and private sector otherwise known as a mixed economy. It is also a dualistic economy both modern industry and traditional agricultural activities exist side by side. The mandatory economic rights which the Constitution promises are (i) equality of opportunity unemployment or appointment to any office irrespective of race, caste and sex, (ii) all the citizens of India shall have property or carry on any occupation, trade or business, (iii) right to acquire private property by the state with compensation paid under the procedure established by law, iv) ban on begging, child labour and trafficking of human beings. The federal economic structure of India includes the central government and the state government within a unitary system. Demarcations of responsibilities are divided between the central and state governments. However, the residuary power is vested with the central government. Besides finance commission, other economic commissions are set up by the central government time to time to look after the parity of resources distribution among the states. Annual budgets (both general and railway) and five year plans aye the backbone of India’s economic policy initiatives. Indian Economy since Independence-After India’s independence long spell of stagnation was broken with the introduction of economic planning. Since 1950s net national product at factor cost had arisen from Rs. 40,454 crore to 11,224 crores in 1999-2000. The growth of national income was 3. 8 percent. India’s per capita income has been running since 1950-51. India’s per capita income at current price was Rs. 160, 47. Apart from the growth in quantitative terms, there have been significant changes in India’s economic structure since independence. During the second plan priority was acceded to capital intensive manufacturing units. These industries now account for more than fifty percent of the industrialproduction. The transport system in India over the past four decades has grown both in terms of capacity and modernization. Then road network is one of the largest in the world as a result of spectacular development of roads under various lanes. The total road length comprising national high ways state high ways and other road accounted for 24. 66 lakhs km in 1996-97 progress of shipping, railways and civil aviation has equally been impressive. Though the country is presently facing an energy crisis but this sector has also gained much in termsof production. Similarly irrigation facilities in the country have increased raising irrigated area. Since independence significant reformation has taken place in the banking and financial sector ofIndia. The process of nationalization was initiated after independence. First the Reserve Bank was nationalized in 1949, thereafter in 1995 the Imperial Bank of India, a leading commercial bank of that time, was nationalized and renamed the State Bank of India. In 1969 fourteen big commercial banks were nationalized. This act of government undermined thecontrol of big capitalists on the finance capital. From the above argument we can conclude that the Indian economy is no longer caught in low levelequilibrium trap.

Steve Bennett joined a company called Intuit

This paper deals with issues relating to a newly hired CEO of an existing company. The CEO incorporates his own ideas and systems into that company to change the flow of productivity. His implementations had successes and failures. It is important to note the criticism as such in order to best determine what he could have put into place. In January of 2000, an individual by the name of Steve Bennett joined a company called Intuit. Intuit is responsible for the Quicken software, and Bennett served as the company’s president and chief executive officer.There were several factors leading to the success of Intuit. First and foremost, Bennett was not without experience. He spent the past twenty-three years at General Electric and was benefited by the already in-place expertise that Intuit’s already in-place expertise. Bennett’s goal was to have the leaders at all levels of Intuit make decisions that benefited the whole company. However, twenty-four months after his ac ceptance into the company as CEO, Intuit was still struggling with this new concept and the steps Bennett implemented to reach that concept.Several tense moments developed between existing managers. One of the steps was that managers were now expected to concentrate on their own work but also on the work and development of the entire organization. In doing this, the managers were expected remain accomplished. Bennett felt that roles were unclear and not clean cut. There seemed to be no cross organizational procedures in place and he aimed to fix that. It wasn’t long before his intentions became confusing, as the primary focus and responsibility of the managers was convoluted.What formed as a result was a staggering chasm between the two parties. Chaos ensued, as employees were left to weed through new changes, more rules and altered procedures. Many employees made the choice to leave. Others were asked to leave. While it is evident that Bennett initially had a shortcoming in bringing the company together, he was able to write job descriptions and performance objectives for all his direct reports. Nonetheless, the corporate structure of Intuit was weak upon his arrival.Bennett believed in shared vision and collaborative functioning, a concept utilized successfully by other executives and praised in the business. In response to the article All the Wrong Moves, for example, critic Christopher McCormick, praises an executive for â€Å"asking the right questions of the experts in his organization†¦that would lead to more cross-functional collaboration. As a result of collaboration and analysis, Bennett was able determine key players in the organization and was also able to bring in new personnel, reshape the budget and set a new pattern for the future.Critics have argued that Bennett came in too fast and upturned the applecart too swiftly. Perhaps his changes were too liberal for an otherwise conservative operation. Or, as Hauke Moje stated in his All the Wrong Moves critique, it is necessary to â€Å"install firm management rules and build trust within the company. † However, there is no doubt that, as a result of the restructure, the company’s performance has indeed increased and numbers multiplied. Those who survived the initial turnover wave and stayed with the company were rewarded for their patience and assistance.It is necessary to state that Steve Bennett had the expertise to make real changes as well as expectations of success. While this forced some into insecurity about their jobs, Bennett was persistent. He was, as a result, successful in under-layering and transforming Intuit into a collaborative company. He didn’t surrender, even when the road looked bleak. References: Steve Bennett, CEO Intuit – webpage Harvard Business School†¦. Intuit, Inc. Transforming an Entrepreneurial Company into a Collaborative Organization Garvin, David (2006). All the Wrong Moves. Harvard Business Journal.