How to Become an Effective Hitter Essay - 716 Words

How to Become an Effective Hitter Babe Ruth is known for his 714 home runs. However, few people realize the other statistic he holds, which is having the most strikeouts of any player in the major league. This statistic helps to prove there is only a slight difference between a good hit and a strike. To become a good hitter in baseball, three fundamentals are necessary. First, the batters stance in the batters box, second, the batters eye contact on the ball, and third, the batters swing are the three fundamentals a good hitter will possess. First, a good stance in the batters box is required to hit the ball successfully. The stance is not only important to the hitter, but it informs the defense of the location of†¦show more content†¦The knees should not be locked but slightly bent. For example, when I hit, I usually foul a ball down the first or third base line so the outfielders move accordingly. In our final game of the season against Middle Georgia College in Cochran when I played softball in college, however, the right fielder was positioned way off the first base line towards second base. She was reading my even stance as I was trying to hit the ball up the middle or over second base. She was wrong. At the last minute, I changed my stance as the ball was coming and hit it right down the first base line. A good stance is important to becoming a productive hitter. Second, no matter how perfect the stance, unless a batter has good eye contact, a high batting average will never be possible. A pitcher can put a large number of different spins on the ball. For example, the curve ball, the slider, the fast ball, and the knuckle ball move differently. A batter needs to watch the ball from the time the pitcher releases it until the batter brings the bat around and through the ball. A batter cannot hit the ball unless one knows what direction the ball is traveling. Sally, a teammate at Macon College in 1993, was always striking out because at the last minute before swinging the bat she would close her eyes. After being convinced she could keep her eyes open while swinging, she was able to hit a game-winning double in our final game of theShow MoreRelatedHitting a Baseball: Is It the Hardest Thing to Do in All of Sports?1520 Words   |  7 Pagesyou ever wondered how baseball players are able to crush 400 foot homeruns? It takes years and ye ars to perfect a baseball swing to be able to do that. Swinging a bat and hitting a baseball is a lot more difficult than most people think. The pros make it look so easy because they have to perfect many mechanics just to hit a ball hard on the sweet spot of the bat. â€Å"Hitting is the single most difficult thing to do in sport.† this coming from Ted Williams, one of the greatest hitters of all time. HittingRead MoreBaseball : The Origin Of Baseball Essay1336 Words   |  6 PagesStates alone, it is apparent that baseball is one of the world’s most popular sports. Throughout the years, the sport of baseball has evolved from a humble game played on empty sandlots to â€Å"America’s national pastime.† The game has come a long way, but how did this game come to be? Everything has its humble beginnings, and baseball is no different. Games that resemble baseball have been around for centuries, and they have led to the development of baseball itself. The game of baseball originated fromRead MoreThe League Baseball Has Embraced Technologies Essay1189 Words   |  5 Pagesmistakes are frequent , pitchers tend to pitch to the corners of the official strike zone. And they are consequential they happen in the most pivotal calls. When a 50/50 call becomes a 60/40 call, such as it does with three balls, umpires are mistakenly calling strikes on 10 percent of borderline pitches. When a 50/50 call becomes a 30/70 call, such as it does with two strikes, umpires are mistakenly calling balls on 20 percent of borderline pitches according to Fox Sports. Major League Baseball hasRead MoreEssay about Physics in Volleyball1767 Words   |  8 Pagesphysics of the human body in order accomplish the performed action. Volleyball is a sport which has physics at the heart of the game, understanding the physics of the game actually allows a player to improve and become more efficient and effective in his or her game. This essay gives insight into ho w the rules of physics can be used and are essential in the game of volleyball in all aspects of the game including serving, passing, setting, hitting, and blocking. Volleyball is a game of constant projectileRead MoreBaseball Operations For The Chicago Cubs1705 Words   |  7 Pagesnow have that measured value that scouts may refer to when making notes or personnel decisions. Statistics, specifically how they measure and control data, as well as help us learn from it, has and always will be a part of baseball (â€Å"What is statistics†). Stats are very, very useful for many purposes in the sport, and can help keep some analysis simplistic. The most effective use of stats in baseball is the comparison between teammates within the same season. Within these parameters, the numbersRead MoreIn One’S Life Everyone Wants To Become A Leader In At Least1543 Words   |  7 PagesIn one’s life everyone wants to become a leader in at least one activity. There is some strange feeling of satisfaction that comes along with being the boss. During On Course by Skip Downing and The 7 Habits of Highly Effective People by Stephen Covey they continue to stress using effective communication and learning so you can become a leader in your home, workplace, and community. They have many ideas on how to help you with concept, but there are four specific id eas that I believe effect thisRead MoreAdvertising in Baseball Stadiums1701 Words   |  7 PagesIntroduction Baseball is considered to be Americas favorite pastime and has become popular all over the world. This sport is watched by millions of people every time there is a game played. People will go to the stadiums to watch and a lot of fans will watch the game on television. Since there are so many people watching these games, advertising has become more and more apart of every baseball stadium due to the amount of exposure a company can receive by using the many types of ads found inRead MoreEssay about Advertising In Baseball Stadiums1673 Words   |  7 Pages Introduction nbsp;nbsp;nbsp;nbsp;nbsp;Baseball is considered to be America’s favorite pastime and has become popular all over the world. This sport is watched by millions of people every time there is a game played. People will go to the stadiums to watch and a lot of fans will watch the game on television. Since there are so many people watching these games, advertising has become more and more apart of every baseball stadium due to the amount of exposure a company can receive by using theRead MoreThe Controversy Around Corporal Punishment1257 Words   |  6 Pages using switch cords, smacking, and etcetera. Those who are in favor of corporal punishment and believes that it should not be illegal, uses scriptures from the bible as justification. Supporters of corporal punishment feels as if spanking is an effective way to manage behavior. Those who are against spanking points out the negative, psychological issues, and mental disorders associated with whipping a child. This issue matters and is important to comprehend because spanking can lead to physical abuseRead MoreLegalizing Marijuana For Open Recreational Use1261 Words   |  6 Pagesrecreational use. Although the idea of legalizing marijuana for open recreational use may further incense opponents of its government sanctioning, it can also be contended that doing so only gives state and federal entities a better ability to monitor how marijuana is being distributed and removes a great deal of the temptation or necessity for users and distributors to use subvert the process of medicinal dispensing to obtain cannabis for recreational consumption. This issue also creates a new angle

Types of Information and Main Purposes of an Organisation - Free Essay Example

Sample details Pages: 7 Words: 2184 Downloads: 4 Date added: 2017/06/26 Category Marketing Essay Type Narrative essay Did you like this example? Report on Types of information and main purposes of an organization. Acknowledgwment My grateful thanks go to my subject teacher Ismat Jahan, Teacher Of Business Communication at BAC. A big contribution and hard worked from you during the twelve week is very great indeed. Don’t waste time! Our writers will create an original "Types of Information and Main Purposes of an Organisation" essay for you Create order All projects and assingments during the program would be nothing without the enthusiasm and imagination from you. Besides, this internship program makes me realized the value of working together as a team and as a new experience in working at a corporate environment, which challenges me every minute. Not to forget, great appreciation goes to the rest of ACI Foods and ESP guitar Staff that helped me from time to time during the project. The whole program really brought us together to appreciate the true value of friendship and respect of each other and it was a great pleasure to working with the team. I would also like to thanks my friends especially those who helped me to collect the informations of ESP guitar Limited. Corporate Information In 1975, the UK based multinational musical company, Established a subsidiary in Dhaka, known as ESP Bangladesh Manufactures Limited. It was listed public limited company under Dhaka stock Exchange. In 1993, ESP is the first company in Ba ngladesh to obtain certification of ISO 9001 Quality Management System in 1995. In 1996 the LTD series was created to produce ESP at a moe affordable price .In 2002 ESP was ranked among the music industry fastest growing companies. This is largely due to the fender buyout . The custom shop and original series ESP are handcrafted in japan while the standard series ESP are factory made in Objectives of the study Broad Objective: Understand different types of business information; Be able to present business information effectively; Understand the issues and constraints in relation to the use of business information in organizations. Specific Objective: Types of information, purpose of information, source of information; Presentation methods to meet the needs of the users, output requirements, presenting corporate communication; Legal Issues of business information in organization, operational Issues in organization. Methodology Secondary method Information is being taken from both Internet and Book, but mostly Internet. Limitations of the study It was quite hard to collect the information .Because it was needed to check whether the information is authentic or not, checking books, studying the biography of the organization and a lot many things. Corporate Information In 1975, the UK based multinational musical company, Established a subsidiary in Dhaka, known as ESP Bangladesh Manufactures Limited. It was listed public limited company under Dhaka stock Exchange. In 1993, ESP is the first company in Bangladesh to obtain certification of ISO 9001 Quality Management System in 1995. In 1996 the LTD series was created to produce ESP at a moe affordable price .In 2002 ESP was ranked among the music industry fastest growing companies. This is largely due to the fender buyout . The custom shop and original series ESP are handcrafted in japan while the standard series ESP are factory made in japan. P1: Complete the t able like the one below to show the types, sources and purposes of information used within your selected organization. Try to include at least two examples of each type of information. Organization : ESP guitar Limited Type of information Example Description Purpose Source Verbal Meeting Interview It helps to discuss and taking decisions with all the members of department at a time , at a place. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s face to face communication , where the interviewer describes him/herself. It will help to know the current flow of customers thinking about the product and quality they are providing , so , that they can take the upcoming decisions gently. To know the background of the interviewer , instant feedback Customer services department Human Resource department Written Letter Report It is paper where all the things are written in words and numerical giving details about the topic. It is the paper where all the details are provided completely. It helps to get the complete information of the topic. Giving complete details of the records and customers feedback, so it can be easy to catch the problems and understand instantly. Market research Sales department On-screen Advertising Bill boards It is mainly displayed on television even by leaflets too. It provides the new images of a new product giving details about that. It helps the people to know about product provided by the organization. It helps to attract people to buy or think about the product. Customer service Production cost Multimedia Video Audio This helps to show any project arranging it properly and also. Helps to catch it instantly and nicely. Instant feedback by members or employees in the company. Helps to make remember and clear information. Market research Customer service Web-based E-mail Video conferencing This is the way to communicate with the members or employees safely. Instant communicate and immediate feedback . Helps the people to get details by hand authentic information. Helps to collect information authentically. Human resource Government source P2 Data Protection Act : As the world has become more reliant on technology,high-tech secrets,payment card data,employee and customer information,and other personal information.The data should be accurate where necessary and kept up to data. Other relevant legislation computer misuse: Using computer illegally is against the law,employees must not make change in any things regarding computer system.Using softwares inproperly and helping others to collect information outside the organization can pour the company to hot water,changing any part strictly restricted. Freedom of Information: They must provide this information when requested but also keep this information up to date and regulated so that it is accurate. What are ethical issues ? Email and internet: Email and internet are integral parts of typical workers daily routine,many employees are using email and the internet for just business however the problem arise.when employees use business resources for non business related taks,therefore business responding to legal risks by proactively combating problems more employees with internet access and email at work,which gives them a new way to cause potentionl problem for their employees. Organisational policies: Organisational must have the practices of doing work more ethically which leads them to do the business fair.Its just a ensuring the current news of market,collecting information which helps the organization what to do next for the company. Information Ownership: This states that,the information which has been given or the data by whom it is made must be responsible.Suppose if he/she makes a report that must be legal and valid company wont take the risk of fraudness if then he/she will face the penalties. HOW HAS IT BEEN MARKETED : Guitars are our passion. Since 1975 has created numerous iconic inistruments for legendary players. Spanning every genre of music. Our decades of experience in the design and manufacture guitars and basses has allowed us to provide the best options for us as a player. Bangladesh is now rich in music. ESP one of the best quality full guitar Bangladesh.now so many legend are using ESP guitar and buying from Bangladesh. In 1990 ESP guitar 1st time entered in Bangladeshi musical market.And day by day ESP guitar popular to the Bangladeshi musician just because good quality and good sound. HOW EFFECTIVE WAS THE MARKET: Esp guitar give us best quality guitar sound in low prices. Day by day Bangladeshi musician buying ESP guitar from Bangladeshi musical market. ESP guitar provide highest quality attractive look impressive performance. And they made best guitars thatà ¢Ã¢â€š ¬Ã¢â€ž ¢s why ESP guitars to much effective to the customers and the market.The ESP guitar features a basswood body. And a bolt on naple neek with roseswood fretboard providing comfort and speed. Sawtooth inbyes and black hardware complement the rest of the ESP guitar look perfectly. A double locking.ESP guitars tuners ensure that spot on on im tune every key. ESP guitar so much effective in market because ensure the snakeebyte was ready for wild and aggressive players. HOW DOSE THE BUSINESS MEASURE THE EFFECTIVENESS OF ITS MARKETING : Esp guitars provide best guitars comparing to others. ESP guitars give us better customer services to comparing others guitars company. Thatà ¢Ã¢â€š ¬Ã¢â€ž ¢s why ESP guitar calculating profit.And other guitar company calculating lose. Day by day customers demand getting higher popularty getting incrassed gradually. Customers thinking more about ESP and buying ESP.Because ESP guitar full fill customers choice customers demand and making good product for customers. Thatà ¢Ã¢â€š ¬Ã¢â€ž ¢s why day by day ESP guitar market getting higher. And customars also happy with buying ESP guitars. P6 Explain the operational issues in relation to the use information : Business have to mange,store and collect lots of information. Information system have two principals issues of ensuring that one is that organization recive information.A number of of policies and procedures have to be put in place. Concerning security of information.Health and safety,backup,business continuance plan,cost and increasing sophistication. Health and safety: The health and safety(Display screen equipment)Regulations 1992 this is the minimum requipment laid down in this schedules.The equipment and the interface between the computer and oparetor. Another is the mangment of health and safety at work regulations.Every employer shall provide his employees with his comprehensible. Backups: Which can be then easily backed up later.these are the operational issuses which are stores on separate hardware from live versions of the information. Cost: Company always think about their profit.Many aspects of information mangment can cost money,which cannot be bear by all, therefore, a question will there be any profit expening on the things like small , copies of electronic information on a remote server.Thats why the business main two consideration. Cost of development : Company think about the product.And company need to improve themselves or not. Additional resourse needed: Makes the company think about any new staff or employee need or not. Business continuance plan: Company always thinking about the product existence. It is also considering about the problem risks to the company to hot water about the personal data. And they are always storing in their Recommendations ESP first should justify about the potential customers. Though, the brand is mainly targeted the heavy metal, black metal ,trash metal . But they must be very careful about maintaining the customers. ESP should develop the product quality according to the difference from the competitors. And if there no strong solid pints then the customers wonà ¢Ã¢â€š ¬Ã¢â€ž ¢t choose the product and the sales will not be up to the expectations. On TV it has been well advertised but they should highlight the information on the newspaper, radio and billboard advertising which is not up to the satisfactory. They should change the distribution system of the brand. And they should create a hope in the peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s mind that they can distribute the product at any time any where. They should also fulfill the lacking in the organization. Conclusion ESP is operating its Alexi and Ltd brand in a very competitive saturated market. IN this market consumers are not well aware of the brands operating and only two or three brands have top of the mind positioning. This is very tough to make a separate positioning in the market and create certain points of differences. ESP brand has positioned well in the market. Still, Alexi brand could positioned in a better way since ESP has a good corporate image and financial backup as well. They should also focus on the competitors are doing. In this respect price is the most important issue. ESP should try to minimize its production cost of Alexi and try to sell it at lowest it at lowest possible price as the entire competing brand selling the product of almost same benefit. Consumers are likely to consider price as the decision making tool when they buy. So, price should get highest priority when it is set. References Anon, (2014). https://www.espguitars.com/. Anon, (2014). . https://www.espguitars.com/ SN Topic Pages 1. Chapter 1: Introduction 1 i. Introduction 2. Chapter 2: Background of the Study 2 i. Objectives of the Study ii. Methodology iii. Limitation of the Study 3. Chapter 3: Organization Overview 3-5 i. Corporate Information ii. Organization Structure iii. Objective of à ¢Ã¢â€š ¬Ã‹Å"Xà ¢Ã¢â€š ¬Ã¢â€ž ¢ iv. Missions v. Vision vi. Products and Services 4. Chapter 4: Analysis and Findings 6-13 i. P1 ii. P2 iii. P5 iv. P6 5. Chapter 5: Recommendation 14 6. Chapter 6: Conclusion 15 7. Chapter 7: References Bibliography 16 Introduction Business communication is the sharing of information between people within an organization that is performed for the commercial benefit of an organistaion which relays information within a business or a function as an official statement from a company. It can also be refer as internal communication that takes place within the organization. There are two types of business communication in an organization. Internal communication. External communication. Internal Communication The communication that is being within the organization is called à ¢Ã¢â€š ¬Ã…“Internal communicationà ¢Ã¢â€š ¬Ã‚ . It can be any type informal, formal function, or department providing communication in various forms to employees. External Communication The communication which is related outside the organization is called à ¢Ã¢â€š ¬Ã…“External Organizationà ¢Ã¢â€š ¬Ã‚ . Supervisors communicate with sources outside the organization, such as customers. It leads to both sales volume and company profits.

Rating Agencies Fuelled The Crisis Finance Essay - Free Essay Example

Sample details Pages: 5 Words: 1359 Downloads: 4 Date added: 2017/06/26 Category Finance Essay Type Narrative essay Did you like this example? Not only credit rating has a major influence on capital allocation decisions, it is also a key aspect that managers take into consideration when making capital structures decisions. Indeed, in 2002, the Wall Street Journal indicated that Fiat was focusing on decreasing its debt level since it was increasingly worried about a possible downgrade of its credit rating. According to Graham and Harveys findings in 2001, CFOs consider credit ratings as the second most important considerations when they determine the corporations financial structure. Moreover, it is important to remind the fact that the capital structure decision of a firm, which can be characterized as the allocation of long-term debt and equity in the capital structure used to financed fixed assets, is financial decision of significant important for managers. However, although there is has been a heated debate on the various factors that influence the capital structure of a corporation, there has been f ew researches that argue that credit ratings is a key component of the process concerning capital structure decision making. Indeed, if Kisgen explained in 2006 that credit ratings have a direct influence on capital structure decisions, his study was based on a sample of American companies for the period from 1986 and 2001. Due to the very active corporate bonds market in the United-States, American data was abundant. In addition, in 2011, Michelsen and Klein analyzed a international sample of companies for the period from 1990 to 2008 and found the same results based on the fact that credit ratings strongly impact the capital structure of corporations. No researcher has yet focused on assessing the relation between credit ratings and the capital structure decision making in European countries. As a result, the research questions on which this study will be based are the following: -Does the corporate credit rating provided by rating agencies have an impact on the capital structu re decisions made by management in European countries? -How is this rating reflected in the financial structure of corporations? Does this only affect the firms leverage level or also the amount of equity? -Does an upgrade have the same influence on the capital structure decision made by management than a downgrade? The two main theories concerning the factors that affect the capital structure decisions of a firm are the trade-off and the pecking order theory. These modern theories have been derived from the work done by Modigliani Miller in 1958, which is based on the fact that a firms value is not correlated to its leverage. The acknowledgement of the existence of bankruptcy costs and taxes has resulted in the development of the trade-off theory. This theory assumes that a value-maximizing firm will compare the benefits of issuing debt, such as the value of interest tax shields, with the costs of debt such as the direct and indirect costs of bankruptcy in order to determi ne the optimal capital structure of the company. The pecking-order theory is based on the existence of asymmetric information and argues that firms will usually prefer to use internal funds and equity rather than issuing equity due to asymmetric information costs (Myers, 1984). As a result, this theory does not provide an optimal level of debt: companies will issue debt when investment exceeds internal funds and leverage will decrease when investment is below internal funds. However, the determination of the optimal capital structure of a firm is very complex task for management. Both theories mentioned above do not take into account all relevant factors that explain the capital structure decisions made by a firms management. Indeed, Graham and Harvey stated in 2001 that 57,1% of CFOs considered that credit ratings had a significance influence on their decisions concerning the optimal gearing level for their firms. For this study, we will use the empirical research method. Wit hin this research framework, we will use the secondary data method. The sample is based of all companies with a credit rating that belong to the STOXX Europe 600 Index. According to Faulkender and Petersen, companies that have a public debt rating issue approximately 78% of outstanding debt. As a result, the sample chosen reflects a large portion of active firms in capital markets. The STOXX Europe 600 Index, derived from the STOXX Europe Total Market Index (TMI), is composed of 600 companies and reflects large, mid and small capitalization companies across 18 countries of the European region: Austria, Belgium, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom. We will extract two types of secondary data from the Datastream database: -the companies financial statements extracted from their financial statements for the period from Q1 2000 until Q1 2012. This time period reflects two cycles : the 2000 bullish market in the global capital market thanks to the burst of the dot-com boom as well as two major economic crisis: the 2001 dot com bubble burst and the 2008 financial and economic crisis with the collapse of Lehmans Brothers. -the firms long term corporate obligations ratings by Moodys that characterizes as the opinions of the relative credit risk of fixed-income obligations with an original maturity of one year or more and that reflect both the likehood of default and any financial loss suffered in the event of default. (Moodys 2009). The corporate credit rating used in prior work (for example Kisgen, 2006) is the long-term issuer credit rating of SP. By choosing Moodys long-term corporate obligations ratings, we will be able to assess of there is any discrepancies between the results found using the credit ratings of SP and those using the ratings of another credit rating agency. We will apply a selection criteria for this sample: -we will exclude from the study companies that have been deleted from the STOXX Europe 600 due to delistings, mergers and takeovers -we will also exclude financial firms such as banks, insurances and investments firms since debt and equity issuances for this category of firms has a different goal than for service or industrial firms, which as been argued by Lasfer in 1995 -we will exclude from the sample any companies which is not characterized by Datastream as an issuer on the corporate bond market -finally, we will exclude companies which are not rated by Moodys from Q1 2000 until Q1 2012 or which financial statements are not available. For this study, we will carry out a methodological approach based on Kisgen (2006) empirical design. In order to assess the fact that a company close to a credit rating downgrade or upgrade will issue less debt compared to equity in order to avoid a downgrade or to maximize its chances to benefit from an upgrade (the CR-CS hypothesis), Kisgen (2006) states t hat there are three levels of credit rating changes: credit rating change from investment-grade to non-investment grade, the Broad Ratings change, a Broad Rating being a credit category that includes the plus, middle and minus specification of a certain rating (for example, B+, B and B-), and the Micro Ratings which are specific ratings that include a plus or a minus modification, if given. For our study, we will only focus on the first two potential credit rating changes since they are the most significant. We will therefore conduct two empirical tests: the Plus or Minus test (POM) to test for a credit rating change from one broad category to another and the Investment Grade vs Speculative Grade test (IGSG) to assess the impact of a change from investment grade to non-investment grade. In both these tests, the same dependent variable will be used to define the capital structure of the firm: it will be reflected by measures of the amount of net debt relative to net equity issued by the firm. Due to the fact that we will extract from Datastream Moodys credit rating at the beginning of the year for each firm, we will use measures of a firm capital structure for the subsequent 12 months. In addition, we will opt for book values since credit rating agencies often use these variables instead of market values. Moreover, book values are measures that highlight decisions made by the management of a company. In order to make the distinction between corporations that are close to a potential downgrade or upgrade and firms that are not, Kisgen (2006) also introduced dummy variables. Don’t waste time! Our writers will create an original "Rating Agencies Fuelled The Crisis Finance Essay" essay for you Create order

Social Media And Its Effect On Society - 998 Words

As technological advances have propelled humans into a new century there is bound to be a shift in social norms. As the times change, so does societal views on acceptable values. One such possibility is the standard value accepted by mainstream society in which the way a female body is sexually portrayed in the media. It appears that society has not only accepted this standard, but has increasingly encouraged a more sexualized representation of the female body. Social media is an informational highway about what is accepted by the larger society and inferred by the individuals who consume it. The internet has increased the amount of information, basically limitless, people can receive via Facebook, Instagram, Youtube, and many other forms of social media. What are the risks and consequences of the messages that are sent to and received by adolescent females through the social media of the idealistic sexualized female body? We hypothesize that, social media increases the risk of self- objectification in adolescent females increasing the risk factors for mental health disorders and puberty development. The purpose of this project is to discover the risks of self-objectification and the effects that it has on the mental health of adolescent females. This topic was chosen based on the idea of gender related oppression that we as female social workers may encounter both personally and professionally. The term self-objectification originates from objectification theory. ThisShow MoreRelatedSocial Media And Its Effects On Society1597 Words   |  7 PagesSociety Crumbles into Smithereens One Post at a Time You are walking out of the new Star Wars movie, posting about how superb it was, when suddenly you are swooped up and thrown in the back of a vehicle. No one would have thought posting about how you were there earlier would provoke such a situation. After all, social networking is â€Å"safe† and â€Å"friendly.† Now, social media is defined as â€Å"A form of electric communication through which users create online communities to share information,† accordingRead MoreSocial Media And Its Effect On Society1711 Words   |  7 Pagesinfluence usually are not the first words you would expect to come to mind when thinking about the term â€Å"social media,† yet with a little digging you will soon realize it could be the perfect description. Social media can be defined as forms of electronic communication through which users create online communities to share information, ideas, personal messages and other content. Most often social media is understood as a p ositive concept because of the ways it has allowed us to attain cheap and easilyRead MoreThe Effects Of Social Media On Society1359 Words   |  6 PagesIn a broad sense, Social media refers to elements such as websites, television, blogs, IM, and other applications that enable users to create and share various forms of content such as messages, pictures, and information, or to be able to participate in social networking. Social media depends on web-based applications, which allow a high level of virtual interaction on various levels such as social, professional, and educational levels. Social media has had various contributions to the developmentRead MoreSocial Media And Its Effects On Society1592 Words   |  7 Pagesdevelopment of vast social media networks has improved our communications and interactions. These networks, such as Facebook and Twitter, are essential to how information is shared and criticized. The Social Media Handbook defines social media as â€Å"networked information services designed to support in-depth interaction, community formation, collaborative opportunities and collaborative work† (Hunsinger, 2014 p.1). Having an account or profile on these sites is more than a social norm; it is a requirementRead MoreSocial Media And Its Effects On Society1359 Words   |  6 PagesPeople may say social media is good for you but is it really? Everyday, everywhere I always see people on social media calling people bad names, not being able to communicate face to face with each other. Social media, social media, social media†¦ oh what is has done to the world, so many students grades have dropped, criminals PROMOTE crimes. Ultimately, what is at stake here is social media will one day take over the world. People’s safety will be in danger, crimes will increase, people will getRead MoreSocial Media And Its Effect On Society1601 Words   |  7 Pagesrecent editorial titled â€Å"Hazards of Social Media† on your LinkedIn page on February 10th, 2016. It was very interesting to read your perspective on social media and its effect on society. Having an undergraduate major in Psychology at the University of Southern California and currently conducting research on social media usage at the Brain and Creativity Institute of USC, I have spent significant time researching the issue of social media.Though I agree that social media can be hazardous if not used effectivelyRead MoreThe Effects Of Social Media On Society Essay1644 Words   |  7 PagesSocial media has become prominent parts of life for many young peopl e today. Most people engage with social media without stopping to think what the effects are on our lives, whether positive or negative. Are we as a society becoming more concerned with Facebook friends than we are with the people we interact with face-to-face in our daily lives? What will the longterm effects of today s social media use be? There are many positive aspects, but there are equally as many dangers that come withRead MoreSocial Media And Its Effect On Society1151 Words   |  5 PagesSocial Media The Workplaces’ Largest Enemy Being employed means that an individual will in most cases have coworkers and bosses; the environment shared between the employees is known as the workplace. In the time before technology, people being fired from their jobs was not an unheard of situation. The difference now is people are being terminated from their jobs because of something they posted on social media. If this was not the case, it would set a precedent that posting inappropriate or hurtfulRead MoreSocial Media And Its Effects On Society Essay1396 Words   |  6 PagesIn our modern world, the use of social media is overwhelming and second nature due to the availability. Several people all around the world possess some form of an electronic device that is capable of accessing social media, rather it be Facebook, Twitter, Snapchat, Instagram, and many more. â€Å"Technology’s rampant popularization over the past decade in terms of social media has meant that texting, Facebook, and Twitter have inevitable take n over as the most efficient ways of communicating with eachRead MoreSocial Media And Its Effects On Society1703 Words   |  7 PagesStrangely, being on social media for several hours daily is regarded as normal. Although social media use would be classified as a mainstream activity, that does not make common behavior the correct behavior. â€Å"Behaviors[sic] such as attempting to attract more followers about your life.† (Fishwick, 2016). Users today are more willing to participate in activities such as cyberbullying, or activities that could potentially harm others or themselves mentally or physically. Getting praise and compliments

Critical Study of LLM information technology and telecommunications law Free Essays

1.0 INTRODUCTION Recent advances in three areas — computer technology, telecommunications technology, and software and information technology — are changing lives in ways scarcely imagined less than two decades ago. These modern technologies are being combined, especially through the Internet, to link millions of people in every corner of the word, deals are struck, transactions completed, and decisions taken in a time-frame that would have seemed simply inconceivable a few years ago. We will write a custom essay sample on Critical Study of LLM information technology and telecommunications law or any similar topic only for you Order Now Shopping has evolved with growth of technology which has made it possible for people to conclude on line rather in store and with this came the advent of electronic transactions (E-Contacts). Electronic commerce (EC or e-commerce) describes the process of buying, selling, transferring, or exchanging products, services, or information via computer networks, including the Internet and a legal frame work that would regulate the buying and selling of goods at a distance has been created. The aim of the European Union legislation in the field of distance selling is to put consumers who purchase goods or services through distance communication means in a similar position to consumers who buy goods or services in shops thereby creating confidence and certainty in distance contracts. The Directive 1997/7/EC (Distance Selling Directive) was put in place to address the growing trend and provides a number of fundamental legal rights for consumers in order to ensure a high level of consumer protection throughout the EU. The E-commerce Directive 2000/31/EC was also adopted to provide a legal framework for the provision of Information Society Services within the European Union. In the words of the European Consumer Affairs Commissioner Meglena Kuneva. â€Å"Consumers and retailers are beginning to embrace e-commerce at national level but internal market barriers still persist online. The potential of the online internal market to deliver greater choice and lower price to consumers and new markets for retailers is considerable. We need to redouble our efforts to tackle the remaining borders.† This essay is going to look at protection available to consumers under existing rules, particularly those concerning distance contracts and/or the provision of information society services, remedies available to John under the existing Legal framework, the challenges of cross border e – commerce in the EU and evaluate the proposals in the new framework. 2.0 THE DISTANCE SELLING DIRECTIVE 97/7/EC The Distance Selling Directive applies to any consumer distance contract made under the law of an EU-Member State as well as the European Economic Area (EEA). The directive ensuring the protection of consumers within the EU in respect of distance contractusing â€Å"means of distance communication† has provided certain rights and obligations between a supplier and consumer. Directive 97/7/EC applicable law consumer distance contracts within EU Member State as well as European Economic Area (EEA). The directive aims at ensuring a high level of protection for consumers within the EU by providing certain rights and obligations between a supplier and consumer when transacting at a distance using â€Å"means of distance communication.† It provides the following the rights: According to the Directive the following consumer rights among others need to be respected: Article 4 of the Directive provides the provision of comprehensive information by the supplier before the purchase. Article 5 provides that the confirmation of the information by the supplier in (Art 4) t0 be in a durable medium( such as written confirmation) The Consumer’s right to cancel the contract within a minimum of 7 working days without giving any reason and without penalty, except the cost of returning the goods (right of withdrawal) is provided for by Article 6. Article 6(2) provides the consumer’s right to a refund within 30 days of cancellation, in the event that where the consumer cancels the contract. Article 7 provides that the delivery of the goods or performance of the service by the supplier shall be wi within 30 days of the day after the consumer placed his order or where the goods or service ordered is not available inform the consumer of any alternative at the same price or a refund as soon as possible or within 30 days. Article 8 Provides Protection from fraudulent use of payment cards by allowing a consumer to request cancellation of a payment where fraudulent use has been made of his payment card in connection with distance contracts covered by this Directive. Article 12 The strength of every distance contract rest upon the prior information requirement as provided by Article 4 and must be complied with. In accordance with the directive the following prior information shall be furnished by the supplier to the consumer in good time prior to the conclusion of any distance contractstating: â€Å"(a) the identity of the supplier and, in the case of contracts requiring payment in advance, his address; (b) the main characteristics of the goods or services; (c) the price of the goods or services including all taxes; (d) delivery costs, where appropriate; (e) the arrangements for payment, delivery or performance; (f) the existence of a right of withdrawal, except in the cases referred to in Article 6 (3); (g) the cost of using the means of distance communication, where it is calculated other than at the basic rate; (h) the period for which the offer or the price remains valid; (i) where appropriate, the minimum duration of the contract in the case of contracts for the supply of products or services to be performed permanently or recurrently.† As regards John case it can be said that requirement of Article 4( 1) (a) (e) and (f), as stated above and that of ‘address’ ‘performance ‘ and a ‘right of withdrawal’ was not complied with. And the provisions of Art 5(1) which provides that consumer must receive written confirmation or confirmation in another durable medium available and accessible to him of the information referred to in Article 4 (1) (a) to (f), in good time during the performance of the contract was not complied with. It can be categorically said that if the provisions of (Art 5(1)) was met as required John would not be having difficulty contacting the supplier seeking redress, because the ‘prior information’ in writing or a durable medium would have availed him of the ‘geographic address’ of the supplier , time for performance of the contract and his right of withdrawal. Also taking a look at Art 7( 1)(97/7/EC) which states that â€Å"unless the parties have agreed otherwise, the supplier must execute the order within a maximum of 30 days from the day following that on which the consumer forwarded his order to the supplier; and also Art 7(2)(97/7/EC) Where a supplier fails to perform his side of the contract on the grounds that the goods or services ordered are unavailable, the consumer must be informed of this situation and must be able to obtain a refund of any sums he has paid as soon as possible and in any case within 30 days; and lastly Art7(3)(97/7/EC)which further states that hat the supplier may provide the consumer with goods or services of equivalent quality and price provided that this possibility was provided for prior to the conclusion of the contract or in the contract. With regards to the goods that were not delivered It can be said that John was not of the above information stated in Art 7(2) of the directive or even an equivalent a s provided in 7 (3) In the event that the contract is part performed and the issues of non delivery of the some of the goods ordered arises, items that John purchased which falls under the directive would be required to be listed. Games Console A tricycle Music CD’s An iPod Box of Chocolates 3.0 THEE– COMMERCE DIRECTIVE 2000/31/EC The E-Commerce Directive 2000/31/EC sets out principles and duties to reach a high standard of consumer protection.[14] The directive ensures â€Å"the free movement of â€Å"information society services† across the European Community and to encourage greater use of e-commerce by breaking down barriers across Europe and boost consumer confidence and trust by clarifying the rights and obligations of businesses and consumers†[15] Remedies available to John under the provisions of this directive are going to be taken into considerations. Art 2(a) of the directive makes reference to the definition of â€Å"information society services†: within the meaning of Article 1(2) of Directive 98/34/EC as amended by Directive 98/48/EC; which provides defines an ‘ISS’ as ‘‘any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storageof data, and at the individual request of a recipient of a service;’’(Art. 1(2)98/48/EC) Considering the words ‘any service normally provided for remuneration, at a distance, by means of electronic equipment’ the e-book accurately falls under it as John’s computer being the ‘equipment’ that would receive the e – book and John been the recipient of the service. Art. 5 (1) of the E- Commerce directive provides general information requirements that an ISS provider must provide to recipients’ of the service easily, directly and permanently prior to the conclusion of the contract: An ISS â€Å"provider shall render easily, directly and permanently accessible to the recipients of the service and competent authorities, information: (a) the name of the service provider; (b) the geographic address at which the service provider is established; (c) the details of the service provider, including his electronic mail address, which allow him to be contacted rapidly and communicated with in a direct and effective manner;†(Art. 5(1)(a – c )2000/31/EC) Taking a look at the provisions of Article 5(1) (a)-(c) the question now is if the online supplier meets the requirements for provision of an ISS. In John’s case a geographic address was not provided pursuant to Art. 5 (1) (b) an e – mail address was provided pursuant to Art. 5(1) (c) of the directive. But considering the position of the court in the German case of Bundesverband der Verbraucherzentralen und Verbraucherverbande – Verbraucherzentrale Bundesverband eVV. deutsche internet versicherung AG[18] (‘’DIV Case’’) It was held by the courts that providing only an e – mail address as a sole means of contact does not comply with the provision of Art. 5(1) (c) of the directive stating categorically that â€Å"†¦Ã¢â‚¬ ¦.in addition to its e – mail address other information which allows the service provider to be contacted rapidly†¦..†[19][Emphasis supplied] That is it would be fundamental for other means of contact to be provided by the supplier. With regards to the decision of the court in the above case and the provisions of Article 5 (1)(c) the e – mail address of the online supplier cannot be said to fully comply with the provisions of Art. 5 (1) (c), This is because in the words of paragraph 17 of the Judgement â€Å"Thus, it is clear from the wording of Article 5(1)(c), and in particular the word ‘including’, that the Community legislature intended to require the service provider to supply recipients of the service, in addition to its electronic mail address, with other information in order to achieve the result intended by that provision† That is the ISS provider is to provide details including its e – mail address to achieve the purpose of rapid communication in a direct and effective manner. Borrowing the decision in the above case,the provision of Art 5(1) (c) is not fully satisfied by the on line supplier as ‘details of the service provider ’ which allow him to be contacted rapidly and communicated with in a direct and effective manner† is not provided, as this is evident in the fact it is taking a few days to get a response to e-mails which John has sent demanding redress. The court in paragraph 20 of the Judgement further said that â€Å"Accordingly, the mention of the ‘electronic mail address’ in Article 5 (1)(c) of the Directive reflects the Community legislature’s wish to ensure that information giving access to an electronic communication is to be supplied by the service provider to the recipients of the service, but does not mean that it intended to dispense with other types of non-electronic communication which may be used in addition to it† Further information is also provided for by Article 10 of the directive that except where expressly agreed otherwise at least the following information is given by the service provider clearly, comprehensibly and unambiguously and prior to the order being placed by the recipient of the service: â€Å"(a) the different technical steps to follow to conclude the contract; (b) whether or not the concluded contract will be filed by the service provider and whether it will be accessible; (c) the technical means for identifying and correcting input errors prior to the placing of the order; (d) the languages offered for the conclusion of the contract.† Article 11 further provides that except when otherwise agreed by parties who are not consumers, that in cases where the recipient of the service places his order through technological means, the following principles apply:â€Å"the service provider has to acknowledge the receipt of the recipient’s order without undue delay and by electronic means; and the order and the acknowledgement of receipt are deemed to be received when the parties to whom they are addressed are able to access them†In this circumstance there is no indication that any statement was in fact provided regarding the different technical steps John would take to conclude the contract or access the service requested , as John would be better informed. Information on how to identify and resolve input errors nor was language requirements also provided. The statutory duty required by the directive to provide the requisite information for the conclusion of contract has not been fully complied with by the on line supplier. And also the acknowledgement of receipt as provided for by Article 11 was not sent to John. The next question to ask is that are there any remedies available to John under the directives (97/7/ec 2000/31/ec). In accordance with the provisions of Article 6 under the distance selling directive the right of withdrawal can be exercised by John and where the right of withdrawal has been exercised the supplier shall be obliged to reimburse the sums paid by the consumer free of charge as soon as possible or within 30 days he shall only bear the cost of return of the goods. Following the provisions of Art 6 John can exercise his right of withdrawal for the games console and tricycle. But by virtue of Art 6(3) which provides that â€Å"Unless the parties have agreed otherwise, the consumer may not exercise the right of withdrawal provided for in paragraph 1 in respect of contracts: – for the provision of services if performance has begun, with the consumer’s agreement, before the end of the seven working day period referred to in paragraph 1, – for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier, – for the supply of goods made to the consumer’s specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly, – for the supply of audio or video recordings or computer software which were unsealed by the consumer, – for the supply of newspapers, periodicals and magazines, – for gaming and lottery services† John can only exercise his right of withdrawal for the music CD’s and games, if the goods have not been ‘unsealed.’ The iPod engraved with his child’s name also falls under the Art 6(3) because it is made to John’s specifications and personalized with engraving of his son’s name. The box of chocolate cannot be returned as it is liable to deteriorate or expire rapidly. Pursuant to Art 7(1) of the directive â€Å"unless the parties have agreed otherwise, the supplier must execute the order within a maximum of 30 days from the day following that on which the consumer forwarded his order to the supplier† and since the goods have not been fully delivered and no refund of any sums he has paid as soon as possible and in any case within 30 days as stated in Art 7(2) and that the â€Å"supplier may provide the consumer with goods or services of equivalent quality and price provided that this possibility was provided for prior to the conclusion of the contract or in the contract†¦ the cost of returning the goods following exercise of the right of withdrawal (by John)shall, in this case, be borne by the supplier†Art7(3) By the provisions of Art 6(4) John can withdraw from the contract within a period of 3 months depending on the EU member state he is domiciled in and any credit agreement cancelled without penalty as there is no prior information providing for 7 days ‘cooling off period’ Art.11 provides ‘John’ with judicial or administrative redress thus he can approach the courts in his country’s court or an administrative body responsible for consumer protection, to ensure that the national provisions for the implementation of this Directive are applied. By the provisions of Art. 12 consumer may not waive the rights conferred on him by the transposition of this Directive. An effective means to deal with consumers’ complaints in respect of distance selling shall also be established as provided for by Art 17 In this regard the supplier has breached the provisions of Articles 4, 5, 6 11 of the directive. An action for a breach of duty under the E- Commerce directive (2000/31/EC) to provide information prior to contract can also be brought by the customer by the provisions of Art 5 as the supplier did not state the different technical means in concluding the contract or an acknowledgement of receipt of the information in when accessed or, hence the supplier is in breach of Art 11As the required information were not provided by the ISS prior to the conclusion of the contract. The requirements are important as provided in Articles. 5,10 11 of the EC directive. On the issue of exercising the right of withdrawal we refer to Recital 11 of the directive which provides that the E – commerce directive is subject to the protection in 97/7/EC with regards right of withdrawal under Art 6 97/7EC. Also by Art 6(3) the e – book reader purchased by John, if he was able to access it, would be precluded by Art 6(3) because due to its nature it cannot be returned. Article 17 18 also provides for out of court settlement and court. Complaints can be lay by the consumer through a consumer advocacy bureau such as the European Consumer Centres Network (ECC-Net) The same protection is also provided for in Art. 12 (2) of the 97/7/EC which guarantee’ s the consumer in the Europe even when the country is a not member of the European Union but has a close connection with the territory of one or more EU member states. However, subject to Article 15(1) (c) of the Brussels I Regulation (44/2001) a consumer in Europe’s habitual domicile shall have Jurisdiction to entertain suit a filed against the trader who ‘directs his activities’ towards the consumers country or to several other countries including country and the contract falls within the scope of those activities, similarly the applicable law shall be that of the consumer’s habitual domicile if it can be found that the trader also ‘directs his activities’ towards that country or several other countries including that country as provided for in Art. 6 (1) (c) of the Rome I Regulation EC (593/2008). 4.0 CROSSING THE LINES: THE CHALLENGE OF CROSS BORDER E – COMMERCE IN THE EU A 2007 report by the Organization for Economic Co-operation and Development found consistent reasons â€Å"retailers don’t export everything from fear of fraud, concerns over logistics and payments, import laws and language barriers. Indeed, discussions about doing business globally and accepting international payments online sometimes conjure images of nightmarish complications — increased risk of fraudulent transactions, complex political or regulatory issues, and customs or taxation problems† The European Commission in March 2009 published a detailed report on cross-border e-commerce .The report revealed that the gap between domestic and cross-border e-commerce was widening. From 2006 to 2008, the share of EU consumers shopping online grew from 27% to 33% while cross border e-commerce remained more or less at the same level (6% to 7%). Potential for cross-border online trade is also failing to materialize . 51% of EU27 retailers sell via the internet, but only 21% are currently conducting cross-border transactions, down from 29% in 2006 (in the EU25). The same proportion (21%) advertises cross-border. And retailers who do trade cross-border usually only sell to very few Member States: only 4% of those retailers trade with 10 or more Member States, most trade with one or two other Member States. The issue of redress is the major constraint of cross border e – Commerce in the EU because in most cases goods requested are not delivered by the e – merchants. According to the ECC – Net ‘73 % of the complaints that was received in 2008 was for non delivery’ of the goods or services ordered, while 15 % of the complaints was for delayed delivery and 7% was for partial delivery which is similar to the case of ‘John’ and e- toys4U.hk. This is due largely divergent consumer protection regimes in different Member states and non compliance of e – merchants with the directives. For retailers in Europe, the fragmentation of consumer protection rules and other rules on VAT, recycling fees and levies are the main regulatory barriers to cross-border e-commerce. The national implementation of these rules differs markedly from one Member State to another, giving rise to a business environment that is complex, costly and unpredictable. The adoption of proposals to tackle these obstacles is therefore central to changing the behaviour of retailers and, as a result, the opportunities for consumers. When trying to shop online consumers are faced with a number of problems in another country. Foreign online traders have severally refused to accept orders from consumers living in another country. As uncertainty about what to do or who to turn to should they experience a problem are experienced by consumers, especially if it comes to resolving a complaint with a foreign trader. The fragmentation in the existing legislative framework is believed by the European commission not adequately protect consumers and creates internal market problems: â€Å"The European Commission have cited the legal fragmentation of business-toconsumer rules as a barrier to the Internal Market and consumer confidence in crossborder shopping. Member States have different rules on distance and off-premises selling and these variations create unnecessary costs and disincentives for business when trading cross-border. In order to achieve a single set of European contract rules on consumer remedies, EU action is necessary to harmonise the legislative and regulatory framework across the 27 Member State† To build consumer confidence and to promote cross-border consumer purchases within the EU, a new consumer rights directive has recently been proposed by the European Commission. If implemented, the Directive will replace four existing consumer directives, namely the Doorstep Selling Directive (85/577/EEC), the Unfair Terms in Consumer Contracts Directive (93/13/EEC), the Distance Selling Directive (97/7/EC) and the Consumer Sales and Guarantees Directive (1999/44/EC). The effect would be one of full harmonisation across each of the 27 member states. 5.0 ISSUES PROPOSED IN THE NEW CONSUMER PROTECTION DIRECTIVES A higher level of consumer protection is ensured, establishing a real retail internal market, making it easier and less costly for traders to sell cross border and providing consumers with a larger choice and competitive prices. The proposed Directive, specifically Articles 4 and 5, would establish minimum requirements for consumer protection.It would put in place EU wide rules covering: PRE-CONTRACTUAL INFORMATION : A contract prior to conclusion , the Directive would require before concluding a contract the Directive would require key information such as, the main characteristics of the product, geographical address and identity of the trader, the price inclusive of taxes, all additional freight, delivery or postal charges etc to be provided by the trader to the consumer. As this would enable the consumer to make an informed choice. RULES ON DELIVERY AND PASSING ON RISK TO THE CONSUMER (CURRENTLY NOT REGULATED AT EU LEVEL): the consumer would be protected against the risk of loss or damage to transported goods, the consumer would be protected, until he actually receives them. A maximum of 30 calendar days is allowed for the trader to deliver the goods to the consumer from signing the contract. In the event of late or non delivery of a good, a right to a refund as soon as possible and no later than 7 days from the date of delivery can be exercised by the consumer. COOLING OFF PERIODS (DISTANCE AND PRESSURE SALES): An EU wide cooling off period of 14 calendar days is introduced by the proposed directive, for items bought on line or during a visit from a trader to the consumer’s home, allowing time for the consumer to be able to change their mind, cancel the order, return the goods and get their money back. REPAIRS, REPLACEMENT, AND GUARANTEES: A particular standard set of remedies would be made available to consumers by the proposed directive in respect of a faulty product (i.e. repair or replacement in the first place, followed by the reduction of the price or the reimbursement of money). In the event that a good is defective, the consumer would have the right to have it replaced or repaired within two years from the purchase or their money back. UNFAIR CONTRACT TERMS: The proposed Directive would introduce a new list of unfair contract terms called the black list to be prohibited across the EU. The proposed Directive would also strengthen consumer protection in other areas, including: †¢ Online auctions – Auctions (including e-auctions) would be required by the directive to meet standard information obligations(new) – price, geographical address of trader, delivery costs etc – but exempting auctions from the right of withdrawal, due to the nature of the auction bidding process. †¢ Pressure Selling – A broader new definition of direct selling contracts and other steps to close loopholes would be imposed by the proposed Directive. Due to the high number a high number of consumer complaints, the protection against pressure selling will be tightened up on several fronts. First, the definition of what is covered by consumer protection rules is made much wider. The definition of â€Å"off-premises contract† is broadened to avoid, as is the case at present, a large number of off- premises contracts falling outside the scope of the Doorstep Selling Directive. Pressure selling in the street, or at home parties, will now be covered. Most importantly, there would be an extension of consumer protection to cover solicited visits which consumers will benefit from, which had been causing a high number of complaints. Facilitation of online supermarket sales with home delivery, and solicited craftsmen services, by clearly exempting them from the right of withdrawal. Is intended by the new rules CONCLUSION Consumer protection directives, definition of terms, legal regimes, differ in each countries, so does the protections vary.Big business responded by setting up shop in other member states while small and medium businesses remained within their National boundaries because of the high cost of complying with different national laws. With full harmonization in place, there is certainty for a consumer is in the UK that his rights are the same if he buys a product on – line at a distance from Germany or another member state. There is also greater certainty for the consumer and the trader across border. There would be a reduction in compliance cost as regards businesses they will now be able to trade across the 27 EU member states using the same terms and conditions. Internal market will be able to gain the necessary impetus to actually be the single market envisaged by the Union as the gap between cross border transactions will be closed. Uniformity, Predictability and Certainty towards the Single Market can be said of full harmonization. BIBLIOGRAPHY ELECTRONIC COMMERCE AND THE ROLE OF THE WTO http://www.wto.org/english/tratop_e/ecom_e/special_study_e.pdf E-Business and E-Commerce http://pdfcast.org/pdf/e-business-and-e-commerce Gap between domestic and cross-border e-commerce grows wider, says EU report http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/980 Europa-Consumer Affairs-Distance selling http://ec.europa.eu/consumers/cons_int/safe_shop/dist_sell/index_en.htm Distance contracts http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32014_en.htm[1] Article 2 (4) (97/7/EC) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31997L0007:EN:NOT Art 4 (1) (a – h ) (97/7/EC) http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31997L0007:EN:NOT Does harmonisation go far enoughThe E-Commerce Directive 2000/31/EC: implementation and sanctions http://inderscience.metapress.com/app/home/contribution.asp?referrer=parentbackto=issue,10,17;journal,10,10;linkingpublicationresults,1:120796,1 The Electronic Commerce Directive (00/31/ec) The electronic Commerce (ECDIRECTIVE)Regulations 2002 (si 2002 No. 2013) http://webarchive.nationalarchives.gov.uk/+/http://www.dti.gov.uk/industries/ecommunications/electronic_commerce_directive_0031ec.html Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) Official Journal L 178 , 17/07/2000 P. 0001 – 0016 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:EN:HTML ECJ C – 298/07 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0298:EN:NOT Pia Messner v. Firma Stefan Kruger, C?489/07: the trader requested or a compensation for the use of the goods German consumer protection Law , the court held that such a compensation will amount to a charge which is not the intention of the Directive. http://ec.europa.eu/dgs/legal_service/arrets/07c489_en.pdf The ECC – Net is a consumer complaints and advocacy body responsible for ensuring consumer protection in the EU http://ec.europa.eu/consumers/redress_cons/ Business without borders: A look at the New, Flat, cross-border payment opportunities http://www.tsys.com/thoughtLeadership/ngenuityInAction/current_issue/Spring09BusinessWithOutBordersPayPal.cfm Consumers: online shopping increasingly popular in the EU, but development â€Å"held back† by barriers to cross border trade http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/354format=HTMLaged=0language=EN ECC – Net’s 2008 Annual Report http://ec.europa.eu/consumers/redress_cons/docs/ecc_annual_report_2008_en.pdf Proposed Consumer Rights Directive http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-05097.pdf Commission of the European Communities, Green Paper on The Review of the Consumer Acquis, 08.02.2007, COM (2006) 744 final, http://ec.europa.eu/consumers/rights/cons_acquis_en.htm Proposal for a Directive on Consumer Rights http://ec.europa.eu/consumers/rights/cons_acquis_en.htm Proposal for a Directive on Consumer Rights http://ec.europa.eu/consumers/rights/cons_acquis_en.htm Proposed Consumer Rights Directive http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-05097.pdf Dismantling barriers to cross-border online shopping. Frequently Asked Questions http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/475format=HTMLaged=0language=EN How to cite Critical Study of LLM information technology and telecommunications law, Essay examples

A Brief History Of Buddhism Essay Example For Students

A Brief History Of Buddhism Essay Buddhism is one of the major religions of the world. It was foundedby Siddhartha Guatama (Buddha) in Northeastern India. It arose as a monasticmovement during a time of Brahman tradition. Buddhism rejected important viewsof Hinduism. It did not recognize the validity of the Vedic Scriptures, northe sacrificial cult which arose from it. It also questioned the authorityof the priesthood. Also, the Buddhist movement was open to people of all castes,denying that a persons worth could be judged by their blood. The religionof Buddhism has 150 to 350 million followers around the world. The wide rangeis due to two reasons. The tendency for religious affiliation to be nonexclusiveis one. The other is the difficulty in getting information from Communistcountries such as China. Its followers have divided into two main branches:Theravada and Mahayana. Theravada, the way of the elders, is dominant in India,Sri Lanka, Burma, Laos, Thailand, and Cambodia. Mahayana, the greater vehicle,refers to the Theravada as Hinayana, the lesser vehicle. It is dominant inIndia, Tibet, Japan, Nepal, Taiwan, China, Korea, Vietnam, and Mongolia. SiddharthaGuatama was born in Kapilivastu. His father was the ruler of the small kingdomnear the Indian/Nepal border. As a child, his future was foretold by sages. They believed that he would someday be a fellow sage or leader of a greatempire. He led a very pampered and sheltered life until the age of twenty-nine. It was at that time that he realized that he had led an empty life. He renouncedhis wealth and embarked on a journey to seek truth, enlightenment, and thecycle of rebirths. In the first years of his journey, Siddhartha Guatamapracticed yoga and became involved in radical asceticism. After a short time,he gave up that life for one of a middle path between indulgence and self-denial. He meditated under a bo tree until he reached true enlightenment by risingthrough a series of higher states of consciousness. After realizing this religiousinner truth, he went through a time of inner struggle. Renaming himself Buddha(meaning enlightened one), he wandered from place to place, preaching, spreadinghis teachings by word of mouth. He also gained disciples, who were groupedinto a monastic community known as a sangha. As he neared his death, Buddharefused a successor. He told his followers to work hard to find their salvation. After his death, it was decided that a new way to keep the communitys unityand purity was needed, since the teachings of Buddha were spoken only. Tomaintain peace, the monastic order met to decide on matters of Buddhist doctrinesand practice. Four of these meetings are considered to be the Four Major Councils. Thefirst major council was presided over by Mahakasyapa, a Buddhist monk. Thepurpose of the first council was to preach and agree on Buddhas teachingsand monastic discipline. The second major council supposedly met at Vaisali,one hundred years after the first. The purpose of this council was to answerthe ten questionable acts of the monks of the Vajjian Confederacy. The useof money, drinking wine, and other irregularities were among the acts. Itwas decided that the practices were unlawful. This decision has been foundto be the cause of the division of the Buddhists. The accounts of the meetingdescribe a quarrel between the Mahasanghikas (Great Assembly) and the Sthaviras(Elders). Tensions had grown within the sangha over discipline, the role oflaity, and the nature of arhat. Pataliputra, now Patna, was the sight ofthe third council. It was called by King Asoka in the 3rd century BC, andwas convened by Moggaliptta. The purpose was the purify the sangha of thefalse monks and heretics who had joined the order because of its royal associations. .u25e9766edb2c30e03dda170f116186bb , .u25e9766edb2c30e03dda170f116186bb .postImageUrl , .u25e9766edb2c30e03dda170f116186bb .centered-text-area { min-height: 80px; position: relative; } .u25e9766edb2c30e03dda170f116186bb , .u25e9766edb2c30e03dda170f116186bb:hover , .u25e9766edb2c30e03dda170f116186bb:visited , .u25e9766edb2c30e03dda170f116186bb:active { border:0!important; } .u25e9766edb2c30e03dda170f116186bb .clearfix:after { content: ""; display: table; clear: both; } .u25e9766edb2c30e03dda170f116186bb { 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; } .u25e9766edb2c30e03dda170f116186bb:active , .u25e9766edb2c30e03dda170f116186bb:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u25e9766edb2c30e03dda170f116186bb .centered-text-area { width: 100%; position: relative ; } .u25e9766edb2c30e03dda170f116186bb .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u25e9766edb2c30e03dda170f116186bb .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u25e9766edb2c30e03dda170f116186bb .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; } .u25e9766edb2c30e03dda170f116186bb:hover .ctaButton { background-color: #34495E!important; } .u25e9766edb2c30e03dda170f116186bb .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u25e9766edb2c30e03dda170f116186bb .u25e9766edb2c30e03dda170f116186bb-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u25e9766edb2c30e03dda170f116186bb:after { content: ""; display: block; clear: both; } READ: The Importance of Night in Macbeth EssayDuring the council, the compilations of the Buddhist scriptures (Tipitaka)and the body of subtle philosophy (abhidharma) to the dharma and monastic disciplinewere completed. Missionaries were sent forth to many countries as a resultof the council. King Kanishka patronged the fourth council in 100 AD. Historiansare not sure if it was held at either Kasmir or Jalanhar. Both divisions ofBuddhism are said to have participated in the council. The council tried toestablish peace between them. However, neither side was willing to give in. Because of this, the religion divided into many sects, including the traditionaleighteen schools. The traditional eighteen schools of Buddhism werea result of different interpretations of Buddhist teachings. Together, thesedivisions were seen as too conservative and literal towards the teachings ofBuddha. Theravada was considered too individualistic and unconcerned withthe needs of the laity. It caused a liberal wing of the sangha to break awayfrom the rest of the monks during the second council. Original group of monkscontinued their honoring of Buddha as a perfectly enlightened human teacher. However, the liberal Mahasanghikas developed a new interpretation. They beganto think of Buddha as an eternal, all powerful being. Believing the humanBuddha was an apparition sent down for human benefit, the Mahasanghikas beganMahayana. Not even the names of Mahayanas founders are known. Historiansargue whether or not the new sect began in southern or northwestern India. However, they have narrowed the date to in between the 2nd century BC andthe 1st century AD. Beliefs in a godlike Buddha continued well past the eraof Christianity and came together in the Mahayana doctrine of threefold nature. Buddhismspread throughout Asia after the two divisions came about. King Asokas children,Mahinda and Sanghamitta, are responsible for the Buddhist conversion of SriLanka. During the reign of Asoka, it is said that Theravada was introducedto Burma by Sri Lanka, around 5th century AD. Burma spread Theravada to Thailandin the 6th century. Cambodia was influenced by Mahayana and Hinduism at theend of the 2nd century. Nearly one-thousand two- hundred years later, Theravadabecame the primary religion. At the beginning of the Christian era, Buddhismwas introduced to Central Asia. From there, it entered China through traderoutes. It influenced and adapted to Chinese culture. It was opposed by many,though, and its followers were persecuted at times. Buddhisms major Chineseinfluence ended after a great persecution in 845 AD. However, the meditativeZen sect and the Pure Land sect continued to thrive. Despite disagreementfrom Confucian authorities, Mahayanas influence was seen in Vietnam by 189. China introduced Buddhism to Korea in 372 AD. From that point on, it wasgradually converted through Chinese influence for many centuries. Korea introducedBuddhism to Japan in 552 AD. Prince Shotoku made it the official state religionof Japan forty-one years later. Tibet was introduced to Buddhism by foreignwives of the king starting in the 7th century AD. By the next century, ithad become an important aspect of Tibetan culture. It was spread by the Indianmonk, Padmasambhava, who had arrived there in 747 AD to spread Tantric Buddhism. Several centuries later, Tibetan Buddhists began to believed that the abbotsof its great monastaries were reincarnated bodhisattvas, individuals who haveattained perfect enlightenment but delay entry into final nirvana in orderto make possible the salvation of others who had not reached enlightenment. The chief abbots became known as the Dalai Lama, the ruler of Tibet. Theyruled as a theocracy from the 17th century until the Chinese takeover in 1950. Oneof Buddhisms greatest strengths is its ability to adapt to many conditionsunder a variety of cultures. It is opposed to materialism. It does not recognizea conflict between itself and modern science. On the contrary, it holds thatthe Buddha applied the experimental approach to the questions of ultimate truth. .ub25d9f89dce131dc36ab661cc3f80737 , .ub25d9f89dce131dc36ab661cc3f80737 .postImageUrl , .ub25d9f89dce131dc36ab661cc3f80737 .centered-text-area { min-height: 80px; position: relative; } .ub25d9f89dce131dc36ab661cc3f80737 , .ub25d9f89dce131dc36ab661cc3f80737:hover , .ub25d9f89dce131dc36ab661cc3f80737:visited , .ub25d9f89dce131dc36ab661cc3f80737:active { border:0!important; } .ub25d9f89dce131dc36ab661cc3f80737 .clearfix:after { content: ""; display: table; clear: both; } .ub25d9f89dce131dc36ab661cc3f80737 { 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; } .ub25d9f89dce131dc36ab661cc3f80737:active , .ub25d9f89dce131dc36ab661cc3f80737:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub25d9f89dce131dc36ab661cc3f80737 .centered-text-area { width: 100%; position: relative ; } .ub25d9f89dce131dc36ab661cc3f80737 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub25d9f89dce131dc36ab661cc3f80737 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub25d9f89dce131dc36ab661cc3f80737 .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; } .ub25d9f89dce131dc36ab661cc3f80737:hover .ctaButton { background-color: #34495E!important; } .ub25d9f89dce131dc36ab661cc3f80737 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub25d9f89dce131dc36ab661cc3f80737 .ub25d9f89dce131dc36ab661cc3f80737-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub25d9f89dce131dc36ab661cc3f80737:after { content: ""; display: block; clear: both; } READ: Racism in Wright's Black Boy EssayGrowing interest in Asian culture and spiritual values in the West hasled to the development of a number of studies and practice of Buddhism. Zenhas grown in the United States to create more than a dozen meditation centersand a number of monastaries. Interest in Vajrayana has also increased. Asits influence in the west slowly grows, Buddhism is once again changing andadapting to the new environment. Although its influence in the United Statesis still small, it seems that if Buddhism repeats its history, new forms andsects of Buddhism may develop. Category: Religion

Minorities In The Military Essay Example For Students

Minorities In The Military Essay In the year 1965, the United States sent troops to Vietnam to aid the South Vietnamese against the communist Viet Cong and the North Vietnamese. As the fighting increased, the United States was in need of more troops in order to support its commitment to South Vietnam. Therefore, thousands of Selective Service registers were called and drafted. The United States also asked its closes ally the Philippines to help send troops to South Vietnam and in addition this, the United states requested for an increase of recruitment for the United States Navy in the region. Thus, the U.S. enlisted thousands of Philippine natives, including myself. We will write a custom essay on Minorities In The Military specifically for you for only $16.38 $13.9/page Order now My involvement started in July of 1968, when I was flown to the United States beginning my military training in San Diego. Recalling the eight weeks of hard, intensive training, I still considered myself fortunate to be enlisted in the United States Navy. Although, when I did graduate boot camp, I cherished the prize of rest and recreation for 72 hours. My short-lived vacation began with a group of my fellow Filipino recruits. We decided to catch a bus to downtown San Diego. As we boarded the bus, I stopped in confusion when I noticed a sign with Black written at the back section of the bus. Looking for the driver for direction, I was informed by the driver that was no longer enforced. Even with him saying this, I still sat in the middle row since my skin color fell in between black and white. As we arrived downtown, I experience culture shock. The town was colorful and filled with live entertainment. Although, I did want to spend more time exploring the place, my vacation time was u p and I had to go back to the base. As our company gathered for the last day, we waited for our next order of job training. I was wondering why Filipino recruits and few African American were separated. Having the same order to attend SD A school (Steward), we are not aware that our General Classification Test was high enough to be qualified in other ratings. This discrimination was puzzling to me since, the Americans I knew back in the Philippines were good people and America itself is known to be the land of opportunity. Despite this slight discrimination, I had accepted my rate and still considered American as good people of good will. My very first day in steward school was a terrible and memorable one. I was punished to stand all day for laughing at my superior when he stood on a podium with a loud harsh voice saying, these are your tools and in four weeks you will learn how to use them. Looking at his left arm, all I saw were utensils: kitchen fork, knife and spoon. I laughed in disbelief that I joined the Navy to cook. However, I accepted the job, as if I had another choice, assuming every recruit started out as a cook. As the man said, in four weeks I learned how to use them, I became a designated Navy Steward. Upon graduation, my orders were to board a ship leaving for Vietnam, the USS LONG BEACH CGN-9, the first nuclear surface ship of the United States Navy. I was assigned to a division of 10 Black Americans, 29 Filipinos and 1 Caucasian the division officer. The officers of that ship lived like kings, we served them breakfast, lunch and dinner. In between meals, we worked in their staterooms, dressing their beds with clean sheets and towels, shining their shoes, cleaning their rooms and doing their laundry. This was the daily routine of a steward job aboard ship. After our first six months in Vietnam, we were sent back in the States. My plan was to escape such slave-like job. So, I enrolled in Long Beach City College to further my education and hop ed that someday the U S Navy will change its policy toward Filipino servicemen regarding their job assignments. It was my third month in school when all Navy ships in the Long Beach area were in the state of emergency and pulled out enroute to the Token Gulf. Our ship, powered by nuclear