History of the Cellular Technology

Federal Efforts to Control Monopoly

Federal Efforts to Control Monopoly Monopolies were among the first business entities the U.S. government attempted to regulate in the public interest. Consolidation of smaller companies into bigger ones enabled some very large corporations to escape market discipline by fixing prices or undercutting competitors. Reformers argued that these practices ultimately saddled consumers with higher prices or restricted choices. The Sherman Antitrust Act, passed in 1890, declared that no person or business could monopolize trade or could combine or conspire with someone else to restrict trade. In the early 1900s, the government used the act to break up John D. Rockefellers Standard Oil Company and several other large firms that it said had abused their economic power. In 1914, Congress passed two more laws designed to bolster the Sherman Antitrust Act: the Clayton Antitrust Act and the Federal Trade Commission Act. The Clayton Antitrust Act defined more clearly what constituted illegal restraint of trade. The act outlawed price discrimination that gave certain buyers an advantage over others; forbade agreements in which manufacturers sell only to dealers who agree not to sell a rival manufacturers products; and prohibited some types of mergers and other acts that could decrease competition. The Federal Trade Commission Act established a government commission aimed at preventing unfair and anti-competitive business practices. Critics believed that even these new anti-monopoly tools were not fully effective. In 1912, the United States Steel Corporation, which controlled more than half of all the steel production in the United States, was accused of being a monopoly. Legal action against the corporation dragged on until 1920 when, in a landmark decision, the Supreme Court ruled that U.S. Steel was not a monopoly because it did not engage in unreasonable restraint of trade. The court drew a careful distinction between bigness and monopoly and suggested that corporate bigness is not necessarily bad.​​ Experts Note: Â  Generally speaking, the federal government in the United States has a number of options at its disposal in order to regulate monopolies. (Remember, regulation of monopolies is economically justified since monopoly is a form of market failure that creates inefficiency- i.e. deadweight loss- for society.) In some cases, monopolies are regulated by breaking up the companies and, by doing so, restoring competition. In other cases, monopolies are identified as natural monopolies- i.e. companies where one big firm can produce at lower cost than a number of smaller firms- in which case they are subjected to price restrictions rather than being broken up. Legislation of either type is far more difficult than it sounds for a number of reasons, including the fact that whether a market is considered a monopoly depends crucially on how broadly or narrowly a market is defined.​

Evaluate the statement that Foreign Direct Investment is the defining Essay

Evaluate the statement that Foreign Direct Investment is the defining activity of Multi - National Companies - Essay Example The multinational corporations have tapped the opportunities of tax incentives, cheap labour, technological leverage, cost benefits and made good use of the comparative advantage of the host economies to increase their production and profitability. There are major theories that explain the activities of the multinational corporations to engage in foreign direct investments. While there is a wide belief that multinational companies have engaged in FDI due to the fluctuation of interest rates, it has later been theorized that the activities of foreign direct investments by the MNCs are not only guided by profitability and exports but also focus on keeping control over their productions in the overseas market which could be evidenced by several property rights executed by the MNCs. The activities of the multinational corporations in engaging into foreign direct investments could be justified by the relative advantage of Foreign Direct Investments over exporting of goods and services. .. . ious fields in which globalization has influenced the economies all over the world are in the fields of trade and business transactions, investments in cross-border opportunities, movement of people across geographical boundaries and the transfer of knowledge from one country to another. Globalization had huge impacts on the activities of international trade (Krugman and Obstfeld, 2009, p.48). Due to the opening up of barriers of the economy, the new avenues for investments opened up for the companies that operate in the international stage. The ability of one country top produce goods and services over the other countries led to the comparative advantage of that country over its trading partner. These opportunities were explored by the corporations who had the potential to expand their business in the overseas markets and take advantage of the resources that were available at a less cost leading to comparative advantage. This led to the exchange of capital, goods and services, techn ologies across the international borders due to which commercial trade and transactions cropped up. The trading activities were funded by the multinational corporations who were ready to invest in more than one country and execute trading activities to attain absolute advantage over other market players. The globalization of trade was fuelled by the rise of multinational companies and trading activities flourished as it contributed to the growth of GDP of the economies all over world. Thus globalization laid the platform for the rise of multinational corporations whose activities of investments, production of goods and services led to the increase of trade all over the world. MNC and FDI goes together The multinational corporations are business entities that have presence in more than one

Violence and its effects on children and families Research Paper

Violence and its effects on children and families - Research Paper Example Many video games these days are based on the theme of violence. Violence through media is a very silent yet a very effective way of changing the minds of the young generation especially children. â€Å"[T]he motion picture, music recording, and electronic game industries attempt to market the same products to children that they label as unsuitable for children† (Cornell, 2006, p. 117). Children are drawn toward video games in which they have to do target killing. Anything from rape to genocide and drug dealing can be the activity in a video game or a movie. In the present age, children spend a lot of time watching television and playing video games. Gradually, these activities become ingrained in their personalities. They develop a level of comfort with such activities. Television programs showing children kidnapping and murder teach them the ways and means to do these acts of violence (Freedman, 2002, p. 5). The more they watch it happen, the more the negative or at least, aw kward image of these activities fades away. Children become used to seeing violence and becoming part of it. This reflects in their behavior in the form of rudeness, lack of respect for the elders, lack of discipline, and physical and verbal abuse. Parents adopt different ways of counseling their children but not many get successful in disciplining their children after they have been spoilt. If parents take it too lightly, the chances of children getting spoilt are maximized. If parents take it too seriously and scold their children for such behaviors and activities, their relation with their children is distorted. Parents are perplexed and curious which affects their own lives as well. Family violence is commonly observed in the present age. Domestic violence is defined as â€Å"any violent or abusive behavior (whether physical, sexual, psychological, emotional, verbal, financial, etc.) that is used by one person to control and dominate another with whom they have or have had a re lationship† (Pearson, Hester, and Harwin, 2007, p. 18). Chances of family violence are maximized in distorted families. Family issues that often become the cause of violence include but are not limited to divorce, teenage pregnancy, and step-parenting. Usually, in these cases, at least one of the parents is not able to pay due attention toward the children. Children require care and love from their parents that they are deprived of in such cases. Divorce draws them away from one of the two parents. The emotional and physical gap thus created instills negative feelings in the children that are further strengthened with the passage of time because of lack of parental supervision. Likewise, children born to and raised by single parents are stereotyped and grow up with an inferiority complex. As they reach adolescence, they tend to join groups and gangs for identity. These groups make them part of their violent activities, and children develop into criminals. Many children are abu sed by their step-parents either physically or verbally or both. Many step-parents do not accept children of their spouses from their first marriages as part of their family. The hatred shows up in the form of verbal abuse. Many step-parents also abuse the children physically, thus leaving them with a life-long trauma and suffering. Some children share their experiences with their biological parents while others do not. In either case, the

The culture of caution Essay Example | Topics and Well Written Essays - 1250 words

The culture of caution - Essay Example What does Patterson mean by the culture of caution Use his analysis of the life of Marcus Garvey and the immigrants' experience to illustrate how that theory plays out. How does he link the life of Garvey, Powell and Farrakhan and immigrants to that culture of caution This insecurity has also brought about a theory that Caribbeans, especially the Anglophone Caribbeans perform much better abroad than they do on their homeland. For example, Marcus Garvey of Jamaica was able to galvanize Black Americas into action, to defend their human rights, decades ago George Padmore of Trinidad was also able to champion postwar African independence movement, has brought about a high degree of paternity for the nation of Ghana, as the first nation to be independent in Black Africa. Arthur Lewis of Saint Lucia was unable to gain employment or opportunities that fit his talents at home, so he migrated to England and then the United states, where he had an outstanding public service career and was also a distinguished academician which led to his being awarded the Nobel Prize for his amazing work on Third World economics.The functions of the immigrant organizations in North America include the implementation of the various immigration laws, issuance of travel documents, carrying out Checks for Case Processing Fees, and the checking of immigrants into the US to ensure ensure that they qualify under the provisions of the Immigration and Nationality Act.The immigrant organizations also make sure that criminal aliens and immigrants involved in crime, who have been incarcerated within the federal, state or local prison facilities are not just let into the community again, after they might have completed their sentences. Immigrant organizations avail field level law enforcement officers of the training programs required of them, like programs for correctional personnel, and providing certified instructors to conduct such trainings. Immigrant authorities use the National Security Entry-Exit Registration System (NSEERS) to determine when a high-risk alien overstays his visa or fails to report his address and activities after 30 days in the United States. It is vital for state and local police officers have access to information, and are able to act upon such information when they meet an NSEERS violator, for example, in a traffic stop. Also, if a criminal alien is purposely avoiding contact with law enforcement agencies, this might be the only possible way to stop him, and maybe defuse a possible terrorist attack. Other functions of immigration authorities include the Arrest of Suspected Terrorists, Observations of Potential Terrorist Activity, Interception of immigrant or Alien Smuggling and Arrest of Absconders The immigrant organizations in the United States also serve to ensure that immigrants into the United States qualify under the provisions of the Immigration and Nationality Act. The second half of the 19th century was characterized by an increase in westward expansion, and industrialization. Also, there was an influx of millions of immigrants. A lot of native-born Americans began to clamor for implementation if immigration restrictions, but others supported the Americanization of these

Analysis of the Retail Industry in India

Analysis of the Retail Industry in India Many changes have occurred in the marketing environment in recent years. Undoubtedly, the marketing environment will continue to evolve and change, often in very significant ways, in the coming years. Shifts in consumer behavior, competitive strategies, government regulations or other aspects of the marketing environment can profoundly affect the fortunes of a retail sector. Besides these external forces, the industries may engage in a variety of activities and changes in strategic focus or direction that may necessitate minor or major adjustments. The research aim is to highlight the current situation of the Indian Retail Industry as well as to provide facts and figures regarding the probable loopholes and the scope for augmentation. During the recent years of globalization, economies in Asia and the Pacific grew rapidly until the current global economic and financial crisis appeared in mid-2007. This acceleration of growth, in which international trade has played an important role, has helped Asian and Pacific countries to make impressive strides in economic development (ESCAP, 2009). At the same time, empirical evidence suggests that in some supply-constrained larger economies in Asia and the Pacific, such as China, India and Indonesia, wealth through trade has been accompanied by rise in inequality. The basic aim of the paper would be to analyze the retail industry in India and to understand the issues prevailing in this industry and the future prospective of the retail industry. The aim of the paper would be to answer the following research questions; Is Indian retail industry sustainable? How does the Indian retail industry compete with the industries all around the World? Is the retail industry more beneficial than other industries in India? Does the involvement of government in this industry is satisfactory? What improvements could be made in the Indian retail industry ? The Literature Review Like some other retail industries the Indian industry is divided in two sectors i.e. organised and unorganized one. The organised portion deals with the trading activities practiced while possessing licenses and having registrations for sales and income tax. This division includes corporate backed hypermarkets and retail chains and the privately owned large retail businesses. Secondly, the unorganized one who practices traditional style of low-cost retailing like grocery stores named as Kiriana Stores, general stores, Paan / Beedi shops, convince stores, hand carts and pavement, vendors, etc. Moreover, the traditional markets are preparing to adopt new designs like departmental stores, specialty stores and supermarkets. The Indian retail sector is greatly split with 97 % of its being executed by the unorganized retailers like the traditional family run stores and corner stores. The organized retail however is at a very embryonic stage although efforts are being made to boost its share. The sector is the largest source of employment after agriculture, and has deep penetration into rural India generating more than 10 % of Indias GDP. The fact of Chinas retail sector becoming saturated, international retailers considers India as the last retailing frontier left. Though, the Indian Government restrictions on the FDI are creating uncertainties among the international players like Walmart, Tesco and many other retail giants struggling to enter Indian markets. As of now the Government has allowed only 51 per cent FDI in the sector to one-brand shops like Nike, Reebok etc. Therefore, other international players are taking alternative ways to pierce the Indian retail market indirectly via strategic licensing agreement, franchisee agreement and cash and carry wholesale trading (since 100 per cent FDI is allowed in wholesale trading). The structure of Indian retail is emerging swiftly with shopping malls becoming increasingly common in the large cities and development plans being projected at 150 new shopping malls by 2008. However, the traditional formats like hawkers, grocers and tobacconist shops continue to co-exist with the modern formats of retailing. Modern retailing has helped the companies to increase the consumption of their products for example: Indian consumers would normally consume the rice sold at the nearby kiranas viz. Kolam for daily use. With the introduction of organized retail, it has been noticed that the sale of Basmati rice has gone up by four times than it was a few years back; as a superior quality rice (Basmati) is now available at almost the same price as the normal rice at a local kirana. Thus, the way a product is displayed and promoted influences its sales. If the consumption continues to grow this way it can be said that the local market would go through a metamorphoses of a change and the local stores would soon become the things of the past or restricted to last minute unplanned buying. Research Methodology Introduction This section spells out the procedures and the methods that the researcher can employ in achieving the objectives of the project so highlighted in the abstract of this paper. It defines location of the study, research procedures and analysis plan that would be put in consideration when carrying out this particular research. The research is supposed to start with the clear understanding of the research objectives as well as the hypothesis. Success of the project will depend on the provision of satisfying information in line with the objectives and hypothesis (Myers, 2002). The objective of the research just as a recap is to identify the effective mechanisms risk exposure and fÑ–nà Ã‚ °ncÑ–Ã Ã‚ °l policy considering the à Ã‚ °nà Ã‚ °lysÑ–s of à Ã‚ µmà Ã‚ µrgÑ–ng markets used in order to gain the competitive. It is important to note here that this research was mainly based on the questionnaire even though other research methodologies were briefly discussed. Sample questionnaire used is as shown in the appendices. Research methodology is a master plan specifying the methods and procedures for collecting and analyzing the data. It is a strategy or blueprint that plans the action for carrying through the research project data. A research design involves a series of rational decision-making choices depending upon the various options available to the researchers. Broadly it is composed of different elements like: the purpose of the study, the unit of analysis, time dimension, mode of observation, sampling design, observation tools, data processing, and data analysis. Mainly two techniques of research, Qualitative and quantitative are utilized. Though both of the methods have their own significance, the use of exploratory quantitative research design for this study appears to be appropriate. Research Design Research is an endless effort for truth. It certainly bring to light new knowledge or corrects previous errors and misconceptions and adds to the existing body of knowledge in an orderly manner. The research was aimed at highlighting the significance of branding for an organization and to evaluate the importance being given at pizza hut setup. This part deals with procedure adopted to conduct the study. The researcher had to depend on the related literature and structured questionnaires. Descriptive data were typically collected through a questionnaire survey, an interview or observation. Primary research. Primary research is the collection of data that does not exist. This can be through numerous forms: including questionnaires, telephone conversations, surveys, etc. As pertained to this project, the primary sources would likely be the risk exposure and fÑ–nà Ã‚ °ncÑ–Ã Ã‚ °l policy considering the à Ã‚ °nà Ã‚ °lysÑ–s of à Ã‚ µmà Ã‚ µrgÑ–ng markets. The major merit with conducting primary research is that it accurate. However, the disadvantage of primary research is that it may be time consuming, as it involves dealing with people from various regions, the human sources may only become resourceful out of their own willingness, and this may take them quit sometimes before making up their minds to tell you what they know or give you their side stories about your questions (Focardi Fabozzi, 1998). Secondary research on the other hand is the collection of existing data, that is, in contrast to primary research. For example: research on experiments or specific subjects. The merit of secondary research is that its not time consuming however a disadvantage is that the information retrieved may not be relevant. Data Collection In research studies, the source of data is two-fold. Data comes from the inner world of libraries as well as from the outer world of human being. It is either the shelved data or it is the data acquired live from the people involved in the study. This research being in the marketing, and the prime subject of the study is retail sector, the researcher aims to collect data mainly from the respondents. After considering the various methods of data collection such as ethnographic style, survey, experimental style, and narrative enquiry, a questionnaire survey was chosen as it allows the collection of highest opinions within the time span of the project as well as the fact that the results could be accurately mapped and correlated to provide quantitative information. Choice of research philosophy Another aspect that is of great significance in this research would be the research strategy. Its the research strategy shows which methods a researcher adapts to answer the research objectives or questions. There are types of research strategies that can be employed in conducting a research study. These include experiments, case studies, survey, theoretical perspectives, cross-sectional and longitudinal studies. It is imperative to examine some of these strategies while paying particular attention to the case study method which will be applied in this particular research. Survey is another important research strategy that has was popular in conducting this research. Surveys allow the collection of a large amount of data from a large population .This implies that the researcher can conduct surveys and question specific groups of people to obtain large amount of information relevant to the subject of the survey. The data is usually collected from the people either via questionnaire or orally. The purpose of the survey was to establish and analyze views of respondents in order to find what they think about particular situation, case or statement. However, despite the fact that the views from a large number of respondents can be gathered through the survey strategy, the data obtained may not all reflect to the objective of the research at depth (Kendrick, 2009). Case study is a research strategy which involves investigation of a particular contemporary phenomenon in the real life situation using multiple sources of evidence. More elaborate explanation on the nature of the case study as a research strategy was given by Frenkel, Hommel, Dufey Markus, (2005). in whose view case study represents a specific way of collecting, organizing, and analyzing data. Grounded theory represents a strategy which posits that the data is collected through observations and compared to various theoretical frameworks in order to discover which of the data is the most appropriate. This leads the researcher into making predictions about the studied phenomena prior to putting the findings into test. However, the aim of grounded theory is to make studied data records well-developed and understood and to verify relationships between the findings and the case study in question (Frenkel, Hommel, Dufey Markus, 2005). Questionnaires This research was mainly carried out by the use of a questionnaire. The questionnaire enabled the information to be gathered from many respondents who were directly involved in risk exposure and fÑ–nà Ã‚ °ncÑ–Ã Ã‚ °l policy considering the à Ã‚ °nà Ã‚ °lysÑ–s of à Ã‚ µmà Ã‚ µrgÑ–ng markets. Use of a questionnaire as a quantitative method for collecting data from the sources is the most appropriate method of collecting mass responses and as such, providing a good method of comparative analysis. The questionnaire will cover a number of data sources to find out opinions and views regarding the planning strategies required in risk exposure and fÑ–nà Ã‚ °ncÑ–Ã Ã‚ °l policy considering the à Ã‚ °nà Ã‚ °lysÑ–s of à Ã‚ µmà Ã‚ µrgÑ–ng markets. Designing good questionnaires requires significant skills and experience. The researcher embarks on the study by setting up survey questionna ires that address issues relevant to the interviews conducted. It is important to pilot or test the questionnaire as fully as possible before distributing them to the interviewees to fill them. A sample questionnaire is like the one shown in the appendices below. This questionnaire enabled elaborate information to be obtained from the players in the restaurant industry (Lam, 2003). Interviews In order to achieve the purpose of the investigation, the key focus lies on finding out which techniques should be applied. Interviews were the best method for understanding this research. A respondent interview is one where the interviewer directs the interview and the interviewer responds to the questions of the researcher. And to add more weight on this observation, Borodzicz, (2004). added that the standard survey interview is itself essentially faulted and that it therefore cannot serve as the ideal ideological model against which to assess other approaches. He Borodzicz, (2004).also elaborates by describing interviews as the verbal exchange of information between two or more people for the principal purpose of one person or group gathering information from the other. And that Semi structured interviews enable one to fix and control circumstances in order to collect appropriate data while remaining flexible and responsive (Borodzicz, 2004). In order to analyze the psychological and behavioral reasons for decisions of the sources, the collected primary data should be collected through the distribution of questionnaires. They however emphasized it is very important to note that questionnaires should reach the right people, to allow for an appropriate amount of information to be collected. Different types of interviews that the researchers may opt to apply to their studies. The three are inclusive of structured interviews, semi-structured interviews, and unstructured interviews. (Pritchard, 2005). Structured interviews consist of closed-ended questions, where the structure of the questions, responses and the interview itself is decided prior to the interview. The interviewer has more control over the responses, and can lead the interview into the direction they want. However, the responses received are limited. Semi-structured interviews consist of closed and/or open-ended questions, allowing the interviewer to have some control over the responses and the interview. Although the open-ended questions allow the interviewee to express themselves and encourage them to present their views and opinions. Unstructured interviews consist of open-ended questions that do not restrict the interviewees responses, therefore collecting a wide range of information. This kind of interview is more supple in-terms of the questions being asked and their ordering, all depending upon the interviewees responses. After considering these different types of interviews, Questionnaires are considered mor e useful for this study. This is necessary, as it allows gaining a deeper understanding of the participants views. In the usage of the interview the management of organizations in à Ã‚ µmà Ã‚ µrgÑ–ng markets were interviewed to get there view on how they operate (Silva, 1995). Data Analysis Process The process involves the researched applying reasoning in order to understand and interpret the data collected. In simple descriptive research, analysis may involve determining consistent patterns and summarizing the appropriate details revealed in the investigation (Zikmund, 2003, P. 73). Sectors of the market chosen to research and why you chose these sectors Use of research tools such as questionnaires, interviews, relevant journals, periodicals and data sampling and machines would be utilized in the process conducting the interview. Experts would be needed to conduct the research. In implementing the activities, both the quantitative and qualitative approaches was considered, where by qualitative data are those that would be based on the spoken words while the quantitative data would be generated from the overall data collected based of accuracy and efficiency The research project was scheduled to run for a period of one year and a few Months within which industries in à Ã‚ µmà Ã‚ µrgÑ–ng markets would be put under scrutiny and rigorous investigations to ascertain the objectives of the research. Research validity and reliability A debate about the findings of the preceding literatures on retail industry considering the à Ã‚ °nà Ã‚ °lysÑ–s of à Ã‚ µmà Ã‚ µrgÑ–ng markets inevitably includes a discussion of research, normally referring to the way in which the data were collected. This research being a phenomenological, all questions are related to theoretical characteristics discussed in literature preview. The process would therefore be accurate in collecting, analyzing and sampling data; hence the validity of result would be quite high. Considering that there are many different aspects of validity, which influence the validity of the research in general. Relationship between your research aim, research questions, research objectives and research methods. The methodology which was exploited here mainly through the questionnaires and the interviews were most appropriate as they enabled the most information to be obtained. Many respondents could be reached within a short period of time while sampling enabled a comparison to be carried out on the different organizations in à Ã‚ µmà Ã‚ µrgÑ–ng markets. They helped in the real understanding on retail industry considering the à Ã‚ °nà Ã‚ °lysÑ–s of à Ã‚ µmà Ã‚ µrgÑ–ng markets has actually been carrying out its activities which have actually helped it in realizing a competitive in the market (Borodzicz, 2004). Anticipated Outcomes The retail industry in India is currently growing at a great pace and is expected to go up to US$ 833 billion by the year 2013. It is further expected to reach US$ 1.3 trillion by the year 2018. As the country has got a high growth rates, the consumer spending has also gone up and is also expected to go up further in the future. In the last four years, the consumer spending in India climbed up to 75%. As a result, the India retail industry is expected to grow further in the future days. Despite the fact that the Indian retail market is expected to grow but some challenges are still required to be addressed. These challenges include the deficiency of sufficient infrastructure amenities, elevated prices of real estate, divergence in consumer groups, tax structure, limitations in Foreign Direct Investment (FDI), shortage of trained manpower and low retail management skills. The research will focus to highlight all the challenges being faced to the Indian retail market and to suggest the strategies and methodologies to cater these challenges. The effective management of above said challenges will not only enable to achieve the projected growth in the retail sector but will also enable to enhance the factor of consistency in growth. Appropriateness of triangulation to research The essence of applying triangulation is for the sake of indications of applicability of several methods (excess of two) in the course of the study in consideration of checking double or even triples results checking otherwise known as cross examination. The idea behind the concept is for the researcher to express a high degree of confidence in consideration of the results of diverse methods that give similar results. In case a single method was applied by the researcher, there is a higher tendency of believing that the results are valid. The application of more that a single method may result to a clash of the results. The application of about three methods attempting to derive an answer may lead to a similarity of answers from two out of the three methods used. In case of an occurrence of a crash there is then a need of reframing the question (HSE, 2006). Limitations of the research Limitations are usually present in every research and these limitations actually tarnish the results of the research. Certain limitations are also associated with this research. One of the biggest limitations of this research is lack of budget and lack of time. Besides that there are certain other limitations like the non-serious attitude of the respondents might tamper the entire results of the research. The interviews that will be conducted and the questionnaire cannot be fully utilized in this scenario because the respondents are not serious in their attitude when they are filling out the questionnaires or when they are giving the responses to the researcher. The lack of time given by the respondents can also be another limitation of this research. If the respondents have lesser time than it is highly probable that they might not take the research properly and ultimately the final results of the research would be affected in this scenario. Finally, it can be said that certain chun ks or sources of secondary research can also be treated as a limitation of the research. This is because of the fact that these sources are not valid or they are not updated therefore the data that is attained from these sources might affect the entire results of the research. Therefore, the researcher should take utmost care about all these constraints and try to minimize it.

Societys Conception of Sex Essay -- Exploratory Essays Research Paper

Society's Conception of Sex    The connotation of the word sex is so vague that it can be manipulated to mean virtually anything, however the definition of the word within society has remained the same.   Penetration is the defining factor of sex in its literal sense, however it can be altered to include a variety of acts.   Anthropologist Margaret Mead, and President Clinton found loopholes in the connotation of sex, and used it to the benefit.   The context in which Mead used the word was to encompass the various acts that accompany intercourse, such as oral sex, to prove that Samoan society is far more promiscuous than our own.   President Clinton also used the vagueness of the word to his benefit.   He manipulated the connotation of sex to only include intercourse, so that he may escape incrimination of adultery and perjury. In both cases the hazy connotation of the word was used as an advantage, but society's definition of the word remained clear. Mead manipulated the definition to include acts other than penetration in order to prove that Samoan society is more open in their sexuality.   She used the word to create a utopian Samoa, where people freely engaged in promiscuous sexual acts, like oral sex.   Her definition of penetration included more than just penetration, it encompassed other actions such as oral sex.   By altering the definition of sex to include other actions, Mead was trying to prove that Samoan society was better off because of their sexual freedom.   She claimed that the openness to sex in Samoa created a sense of free love, a quality that our country lacked at the time.   Her alteration of the word was used to criticize the co... ...p; Mead's definition of sex included many other acts, to prove that free love was rampant in Samoa.   Society did not agree with her because the popular definition of sex did not include any other actions.   Penetration has been the defining factor of sex.   President Clinton used this social law to claim his innocence concerning his involvement with Monica Lewinsky.   He asserted that he did not have sexual relations with his intern.   This term sexual relations is so broad that any sexual act could fit under its definition.   The American public did not agree with his statement, because under society's beliefs, oral sex falls into the category of sexual relations.   These two situations prove that individuals have tried to manipulate the connotation of sex to their advantage, but society's conception of sex has remained static.

Criminal proceedings against Alfred John Webb Essay

              The purpose of this contribution is to analyze the relationship between Article 34 TFEU and national rules regulating when, where, how and by whom a lawfully imported and marketed product may be used. According to that provision, quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.† The Treaty is silent on how one should understand the words â€Å"all measures having equivalent effect†. In Dassonville, the Court held that these words cover â€Å"all trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions.† This definition is far from being as operational as is sometimes presumed, since it begs at least two questions (Torfaen Borough Council, 1989). First, what measures constitute â€Å"trading rules † and, second, how serious an impact must a measure have before it is â€Å"hindering† intra-community trade.               In its practice, the Court has attached very little, if any, importance to whether national rules aim to regulate trade in goods or whether they pursue other aims. Indeed, in the case law it uses interchangeably the phrases â€Å"trading rules†,1 â€Å"all commercial rules†2, â€Å"all measures†3, â€Å"all rules†4 and â€Å"all legislation†5 to the regulatory subject matter of the national rule in question. The Court’s focus is thus on the effects, not the aim or purpose or the subject matter, of the measure in question. Similarly, regarding the second condition that the national measure be capable of â€Å"hindering† intra-community trade, the Court has consistently refused in principle to apply any de minimis test under Article 34.6 Measures which affect trade only indirectly or potentially therefore fall within the definition of a trade restriction (Torfaen Borough Council, 1989). Indeed, the Court in severa l cases has disregarded statistical evidence showing that imports have increased after a measure was introduced, on the basis that imports might have increased even more in the absence of such a measure.                Consequently, the definition of a trade restriction has become almost all-encompassing, and the legality of huge swaths of national rules therefore depend on the proportionally and justification-test enshrined in Articles 34 and 36 (ex art. 30). This in turn reduces legal certainty for both Member States and traders, and implies a significant risk of judicial overload for the Court itself. As the Sunday-trading saga illustrates, the Court is well aware of these concerns and its ruling in Keck, in relation to a particular group of national rules (i.e., selling arrangements), can be seen as an attempt to meet them. Moreover, in another line of cases, the Court in reality has come close to introducing a de minimis test (albeit at a very low threshold level) by holding that the restrictive effects which a national measure has on the free movement of goods may be too uncertain and too indirect for it to be regarded as capable of hindering trade between Member Stat es (Criminal proceedings against Alfred John Webb, 1981). The difficulty of establishing the appropriate scope of Article 34 of the Treaty is illustrated by the fact that while the Keck jurisprudence has been criticized for being too inflexible and unable to catch all genuine barriers to trade, it has been argued that the Krantz case law is too difficult to apply and therefore generates legal uncertainty. Use restrictions as measures of equivalent effect                  Against this background, let us turn to the relationship between Article 34 and national measures which allow the importation and marketing of a given product, but restrict when, where, how or by whom it may be used (hereafter â€Å"use restrictions†). Such rules are very common in national legislation. As an example, one could mention a requirement for persons to have attained a particular age before acquiring or using the product, such as a rule preventing minors from purchasing and/or drinking alcohol. The notion also covers rules prohibiting the use of the product in certain places or at certain times, like a ban on the use mobile phones in airplanes or a prohibition on the use of fireworks save for a few days of the year. Other examples would be local planning rules prohibiting the use of a given kind of brick or tile for the construction of houses in a particular area or a ban of certain activities for which a good is normally used, for examp le a ban on hunting with dogs and horses.                  Considering the vast number of such rules, it is important to consider whether use restrictions should be regarded as trade restrictions at all, and if so, how intrusive they must be to be caught by Article 34. Even a prohibition on wearing a particular type of clothing, such as a burka, in public places is arguably covered by this concept. On the one hand, the aim of such rules is normally not to regulate trade. Moreover, they generally do not affect the sale of imported goods more than they affect the sale of domestic goods. Finally, with a literal reading of Article 34 of the Treaty and the Court’s own ruling in Dassonville, it may be questioned how rules which do not limit the importation and marketing of the relevant product, but merely regulate how it may be used after its sale, can be said to constitute â€Å"trading rules†( Procureur du Roi, 1974). On the other hand, it is clear that some limitations on how a product may be used can negatively affect sales and import to a very significant extent. Indeed, whereas a prohibition on using mobile phones in airplanes hardly has any such effect, a ban on using fireworks all year except on 31 December is likely to (greatly) reduce demand for, and thus sales and import of, that good. Similarly, one may imagine that a ban on the use of SUVs in congested urban zones would constitute an efficient means for diminishing sales and import of such cars to the benefit of more environmentally friendly vehicles. Still, while it may be relatively easy to accept that rules completely banning the use of a given product constitute measures with equivalent effect to a quantitative restriction, it may be questioned whether rules merely limiting its lawful use need to be subject to a common European judicial control as to their legitimacy, suitability and necessity. To answer this question, it is, in our view, necessary to consider the practical and economic effect on trade of rules rest ricting the lawful use of goods. An argument can be made that, with the exception of (virtually) complete bans on use, the effects of use restrictions differ fundamentally from the effects of product related rules, and that use restrictions should rather be compared to selling arrangements. Part B               Restrictions of the free movement of goods are prohibited by Art 34 TFEU. Art 56 and Art 57 TFEU provide the same prohibition with regard to the freedom to provide and receive services. Up until now, the case law on restrictions of the free movement of goods has been far more extensive and nuanced, especially with the distinction between â€Å"product requirements† and â€Å"certain selling arrangements† made in the famous Keck-decision. However, with an increasing case load the Court’s attention seems to have gradually shifted to Art 56 and Art 57 TFEU. Even though goods and services are covered by separate Treaty provisions, it has been argued that the restriction of those two market freedoms requires equal treatment because of their substantial similarities and the fact that they are economically often strongly related. This close relation is, for example, visible in the area of advertising. In answering the question of whether a nation al ban on advertising is restricting, the focus could lie either on the advertised product or on the advertising service. The Court itself has held that, in the field of telecommunications, it is difficult to determine generally whether it is free movement of goods or freedom to provide services which should take priority, because the two aspects are often intimately linked. As A.G. Jacobs pointed out in Sà ¤ger, it is sometimes even difficult to distinguish between goods and services. An educational service could for example be provided by sending books or video-cassettes to a recipient in another Member State. In this situation there are both reasons to deal with this situation under Art 34 TFEU, as well as under Art 56 TFEU.                Sometimes a differentiation becomes even more elusive. In situations where only the service itself moves – for example by cable or through the internet – the only difference to the sale of goods is the immaterial nature of the offered service in contrast to the material nature of the good.6 Because of this close relation between goods and services, a different treatment of restrictions according to the choice of legal basis would seem arbitrary in many cases. In this paper, I will analyze the relationship between restrictions of the free movement of goods and the freedom to provide services; Is there a uniform restriction approach under Art 34 and Art 56 TFEU, and can the Keck-distinction between product requirements and certain selling arrangements be transposed into the field of services?( Procureur du Roi, 1974). It arises that both restriction-tests are based on the same principles of mutual recognition and nondiscrimination. Further, there is no need for a separate principle of market access because market access is the aim of the restriction test rather than an independent restriction criterion. Finally, it will be demonstrated that there is a need for the establishment of the categories of service requirements and arrangements for the provision of services under Art 56 TFEU equivalent to the Keck-judgment. Restriction of the Free Movement of Goods                   Art 34 TFEU prohibits quantitative restrictions on imports and all measures having equivalent effect. The wording of the provision, especially with regards to equivalently effective measures, is not inherently clear. As a consequence, the Court of Justice was given great discretion in interpreting and defining the scope of application of Art 34 TFEU. The Dassonville case in 1974 was the first opportunity the Court took to address the question of what national legislation could, in principle, constitute a measure having equivalent effect. The Court decided to give Art 34 TFEU a very broad meaning and stated that such measures are, â€Å"all trading rules enacted by Member States which are capable of hindering directly or indirectly, actually or potentially, intra-[union] trade†. In the important decision Cassis de Dijon the Court also established the principle of mutual recognition (Bond van Adverteerders and, 1988). According to this, Member State s are prohibited from restricting the sale of goods that have been lawfully produced under the rules of another Member State. The restriction is prohibited even if it results from the application of national regulations that do not distinguish between national and imported products (indistinctly applicable measures). The principle of mutual recognition seeks to prevent putting a double burden on imported products by requiring them to comply with two different sets of rules. If the product complies with the home State rules, any other Member State must in general accept that product on its market.                Controversy arises when the principle of mutual recognition and the principle of home.               State controls are used synonymously. In a broad interpretation mutual recognition is defined as a mechanism of allocation of regulatory competence to the country of origin designed to avoid a dual regulatory burden (Graziana Luisi and Giuseppe Carbone, 1984). Others put the focus on functional parallelism and the created further regulatory space for the host State control through the creation of the mandatory requirements exception. The host State can invoke those mandatory requirements, also known as public interest requirements, to justify the national rule and thus keep its regulatory power. However one wants to look at it, it is clear from the case law that there is no automatic recognition or unrestricted regulatory power of the home State because it is limited by the acceptance of mandatory requirements and the principle of functional equivalence. Therefore whenever home State control is mentioned, it has to be borne in mind that it is just a general as sumption of the allocation of regulatory power which can be rebutted.                   As a consequence of the extensive interpretation of Art 34 TFEU by the Court in Dassonville, nearly every national regulation could be brought under judicial scrutiny because it potentially constituted a hindrance to trade. While many consider Dassonville to be judicial activism beyond acceptable bounds, it must be seen in the context of the action or non-action of other European powers. Before the Dassonville decision Member States made little systematic effort to remove non-tariff barriers (Graziana Luisi and Giuseppe Carbone, 1984). The unanimity requirement for Council decisions led to political quasi-inactivity in the 1960s. In response, the Commission issued in 1969 the Directive 70/5017 which gave measures with equivalent effect an expansive reading and listed 19 types of prohibited rules and practices. All these factors influenced the Court in taking quasi-legislative action, becoming itself the driving force for the building of a common market. The most important consequence of Dassonville and following cases was that the Court empowered the main interest group for removing trade barriers, the European traders and producers, to challenge national legislation. Therefore, the pressure was on the Member States to justify legislation contrary to Art 34 TFEU. Limitation by Keck                   The Court’s case law constituted a great incentive to move towards a common market, but the breadth of the Dassonville-formula turned out to be a double-edged sword. The formula, which did not seem to provide limits to judicial review, was increasingly used as an instrument to attack any national legislation which stood in the way of free trade – like the famous Sunday trading cases show – and this led to an overload of cases. Moreover, national courts clearly signaled their disagreement with the lack of sensible limits and guidelines by simply not applying the formula. Finally, the Court faced heavy criticism in academic literature. These developments led to the important Keck decision in 1993. In this decision the Court limited the scope of judicial review regarding indistinctly applicable measures by adopting a differentiation suggested by academics (Bond van Adverteerders and, 1988). The differentiation was made between product r equirements on the one hand, which regulate the composition, packaging or presentation of a product, and certain selling requirements on the other, which only regulate the place, time and manner of selling products.                  According to the Court, product requirements are always considered to have equivalent effect to a quantitative restriction on trade, because they put a double burden on foreign products which already had to comply with their national requirements. In contrast, certain selling arrangements do not fall within the scope of Art 34 TFEU, provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States. This is because they do not prevent the access of foreign goods to the market or impede the access of foreign goods more than they impede the access of domestic products. With Keck the Court moved on from its approach in Dassonville and decided that, whereas the producing State is responsible for rules on product requirements which have to be recognized by the importing State (which had al ready been decided in Cassis), the importing State has in general the sole regulatory competence regarding certain selling arrangements provided that they do not discriminate products from other Member States in law or in fact. With the decisions in Cassis and Keck and the creation of mandatory requirements, the Court established a complex framework for the split in competence between the home State and the host State. Even though the Keck-decision was much criticized, the court nevertheless continuously applied the established distinction between product requirements and certain selling arrangements in later cases (Manfred Sà ¤ger, 1991). It ruled, for example, that there was no breach of Art 34 TFEU in cases of time limitations to the sale of goods or the provision that certain products can be sold only by licensed retailers. Nevertheless, if the selling arrangement is either discriminatory (in fact) or capable of imposing a double burden33, the Court will find a breach of Art 34 TFEU (Bond van Adverteerders and, 1988). Although the distinction has its shortcomings, especially because certain measures, such as advertisement regulations, cannot be put in one of the two categories, the Court has continually and successfully applied the Keck framework until today. However, in addition to the distinction between product requirements and certain selling arrangements, the rather elusive notion of â€Å"market access† and â€Å"market access test† has played a more and more prominent part in the academic discussion and in the Court’s case law. Two recent cases – Commission v. Italy (trailers) and Mickelsson and Roos36 – have given again cause to argue that the Court has put the focus back on a purely nondiscriminatory market access approach. I will now first analyze the notion of market access and then address the question of whether a market access test fulfills a separate function beside the distinction between product requirem ents and certain selling arrangements. I contend that the case law on market access can be traced back to the same principles that underlie the Keck-case law, being non-discrimination and mutual recognition, and that there is thus no need for a restriction test based on market access. References Case 8/74, Procureur du Roi v. Benoà ®t and Gustave Dassonville, [1974] ECR 837 Case 33/74, J.H.M. Van Binsbergen v. Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid, [1974] ECR 1299 Case 74/76, Iannelli & Volpi SpA v. Ditta Paolo Meroni, [1977] ECR 557 Case 279/80, Criminal proceedings against Alfred John Webb, [1981] ECR 3305 Joined Cases 286/82 & 26/83, Graziana Luisi and Giuseppe Carbone v. Ministero del Tesoro, [1984] ECR 377 Case 188/84, Commission v. France (woodworking), [1986] ECR 419 Case 352/85, Bond van Adverteerders and others v. The Netherlands State, [1988] ECR 2085 Case C-145/88, Torfaen Borough Council v. B & Q plc, [1989] ECR 3851 Case C-288/89, Stichting Collectieve Antennevoorziening Gouda and others v. Commissariaat voor de Media, [1991] ECR I-4007 Case C-76/90, Manfred Sà ¤ger v. Dennemeyer & Co. Ltd, [1991] ECR I-4421 Source document

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