Saturday, September 14, 2019
Spectrum Stores Inc, Plaintiffs – Appellants V. Citgo Petroleum Corporation; Saudi Arabian Oil Company, Doing Business as Saudi Aramco; Defendants – Appellees.
Case Brief ââ¬â Extra Credit Citation: SPECTRUM STORES INC, Plaintiffs ââ¬â Appellants v. CITGO PETROLEUM CORPORATION; SAUDI ARABIAN OIL COMPANY, doing business as Saudi Aramco; Defendants ââ¬â Appellees. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. 632 F. 3d 938 (2011) Facts: Gasoline retailers accused the OPEC member nations of fix pricing of crude oil and refined petroleum products in the US. The appellants argued that the district court mischaracterized their complaint as alleging a conspiracy among sovereign nations to fix prices via production.They argued that the consolidated complaint alleges that commercial corporations, rather than governments, have taken over the production of crude oil. Under the act of state doctrine, ââ¬Å"the courts of one country will not sit in judgment on the acts of the government of an-other, done within its own territory. â⬠The appellees have met their burden of demonstrating that negotiation of this suit would necessa rily call into question the acts of foreign governments with respect to exploitation of their natural resources.The court barred the claims, and had to consider foreign policy of the political branches, which was not codified in a treaty that the court was merely asked to interpret. By judging the case, the panel would need to reexamine critical foreign policy decisions Issue: Are the OPEC member nationââ¬â¢s oil companies committing antitrust conspiracy by price fixing of crude oil and petroleum products in the US?Decision: For the foregoing reasons, the United States court declined to sit in judgment of the acts of the foreign states that comprise OPEC and urged that the district courtââ¬â¢s judgment of dismissal be affirmed. Reason: The antitrust conspiracy alleged by plaintiffs arises from the Sovereign Acts of Foreign States. To rule for plaintiffs on their antitrust claims would require a court to rule on the legality of the Foreign Sovereign Acts of Saudi Arabia, Venezu ela, and Russia. These cases do not trigger the territorial limitation or a possible commercial activity exception of the Act of State Doctrine.
Friday, September 13, 2019
Discuss the differing role of the therapeutic relationship in three Essay
Discuss the differing role of the therapeutic relationship in three different approaches to therapy - Essay Example g roles of the therapeutic relationship in three different approaches to therapy; namely, psychodynamic therapy, person-centered therapy, and systemic family therapy. Relevant theoretical concepts are included in the discussion, particularly how they are applied to practice. It also includes reflections on personal understanding of the topic as well as reaction to materials presented in the lectures. The psychodynamic therapy is a mainstream therapy that focuses on aspects of personality and is suited to problems that deal with personalities and current relationships (Holmes 2003). It is based on a multifaceted theory of human interaction and development and embraces all others of analytic nature. The approach undertaken in this therapy is one in which the therapist keeps his own personality out of the picture, which is considered a vital aspect, enabling him to play a ââ¬Å"blank canvasâ⬠on whom clients can project deep feelings about themselves (ibid). The therapist is able to aid the client in understanding how personal disturbances affect him. The psychodynamic therapy is a long-term therapy that may go on for years since understanding what goes on inside the client takes a long period of time. In this paper, the role of psychodynamic therapy includes the following: Since psychodynamic therapy is a long-term therapy, the individual, through the help of the therapist, is able to view the things that affect his life and how largely it is affected. He helps in bringing to the surface an individualââ¬â¢s true feelings in order for a full understanding of the individualââ¬â¢s self. It is assumed that once one is aware of what really goes on in his mind; feelings about a painful experience will not come as painful. This is why the psychodynamic therapyââ¬â¢s role is to encourage patients unravel the real feelings playing up in their subconscious since through this unraveling, the client will be able to accept the painful experiences and their corresponding feelings. This
Thursday, September 12, 2019
Environmental studies Essay Example | Topics and Well Written Essays - 1000 words
Environmental studies - Essay Example A regionââ¬â¢s environment and climatic conditions will usually determine its adaptations do handling of the environmental problems that arise. Ideally, at their core, the environmental problems faced and the available solutions are culturally and organizationally rooted in the society (Howard-Grenville, 2007). In this topical discussion, Michael Maniates points out that it is the environmental imaginations of people that are too narrow or egocentric in offering solutions that can deal responsibly with environmental problems. Furthermore, James Speth notes that the lack of a new consciousness in the society has also led to the deep embeddedness of the environmental problems in the worldview. However, Lynn White Jr. clearly spells this out when he recognizes that there is a cultural aspect in the creation and provision of viable environmental solutions, and that non-reliance on technological, scientific and economic solutions should not be at the expense of the culture. In all thes e aspects, I would like to take a stance and agree with these ideologies and state that solutions to environmental problems cannot be sought through the same worldviews that caused them. The worldââ¬â¢s biggest problem environmentally is to overlook the social dimensions regarding environmental problems and concentrate on the economic and technological aspects. In essence, the provision of the solutions should be based on totally different cultural perspectives. First, there is an urgent need for control of the population growth in most countries. Nearly everyone relies on the environmental resources for survival and in cases of overpopulation the available resources become strained thus, adverse effects on the environment. Coupled with unsustainable development, the results on the environment are usually adverse and if not corrected, may lead to environmental degradation (Johnston, 2012). Second, it is true that the economical and technological activities too have a direct impac t on the degradation of environmental conditions. However, the core causes are personal beliefs, cultural norms and societal institutions. In line with the personal beliefs, an environmentalist or environmental program manager will have to ensure that the way people act and think towards the environment is changed for them to be able to appreciate its benefits. For instance, if a person constantly thinks about cutting of trees and dumping of garbage without considerate thoughts, bringing that person into accepting the benefits of maintaining environment will begin by culturally transforming his thoughts and acts. Finally, the solutions to the environmental problems need to be based on the addressing of the lack of attention that has been propagated towards the achievement of improved environmental sustainability. This can be possible when a consideration for the full scope that cultural shift presents in the real world today is critically analyzed and idealized. Consequently, the va rious forms of individual and organizational barriers towards environmental preservation need to be enhanced as only through these can the causative effects become easily mitigated upon. Better still, there needs to be an informed understanding of the available strategies that can be applied towards the overcoming of organizational barriers that hinder environmental preservation and restoration activities. Some of these strategies can be applied based on the societal understanding of
Wednesday, September 11, 2019
Contrast and compare occupational therapist and registered nurse Essay
Contrast and compare occupational therapist and registered nurse - Essay Example A Registered Nurse (RN), on the other hand is a professional qualified to perform health care and practice nursing through assessment, planning and implementation of the required level of nursing for the sick and injured. While therapists concentrate more on physical rehabilitation, disabilities in learning and improving mental health, registered nurses are widely associated with the care, medication and health maintenance of a patient. ââ¬Å"Nurses do a lot of chores that occupational therapists donââ¬â¢t have time for. This includes feeding, bathing, administering oral, subcutaneous, injectable and IV medications (Gavin R, 2008). Gavin R (2008), a retired nurse, also pointed out that nurses tend to the cleaning of wounds, console and comfort the patients and are a vital cog in medical emergencies. They can also assist the surgeons if there is a need. They keep all lengthy records and progress reports and also influence charting down of treatment and progress plans. Gavin (2008) further emphasised that a therapistââ¬â¢s job is not that easy but it does not contain the variations that a nursing job has; a therapist normally devises rehabilitation plans on the basis of well-known methods. Nursing is mainly controlled and regulated by the Nursing and Midwifery Council (NMC) in the UK. It lays down all of the things that a person needs to do to qualify as a registered nurse and stay registered. To work as a registered nurse, the person must complete an education program that is recognized by NMC and meet the required standard proficiency level. This includes completing a degree or a diploma from a university offering a course in the chosen speciality. This leads to an academic award and professional registration as a 1st level registered nurse. These courses are normally three to four years long and are a 50/50 split between learning in university, and practicing patient care in a hospital or community
Tuesday, September 10, 2019
The Personal Food Essay Example | Topics and Well Written Essays - 500 words
The Personal Food - Essay Example My favourite pizza should be hot and soft with a combination of different flavours. I am very impulsive when it comes to buying pizza and I am unable to control to restrain myself even if I have eaten at home (Turim). This is because the moments that I ate pizza during my childhood days defined special relationships that have persisted until the modern day. This paper will discuss my special relationship with pizza, highlighting its symbolic meaning in my life. As highlighted above, pizza is not just any other food to me. The first time I ate pizza was during a family outing when my mother ordered a large pizza for the entire family. During a time when pizza was only a delicacy to the upper class, it was a special moment for me to share a piece of pizza with my family. Notably, we were still a struggling middle class family then, and the financial turmoil did not make pizza an everyday meal. Therefore, as a child, I had the ecstasy of eating my first pizza. It was an exciting feeling to share that large pizza with my entire family as a symbol of unity (Aronovich 48). In the years that followed, during my elementary school days, I was invited to many birthday parties where pizza was served. This led to a symbolic relationship of pizza with long lasting friendships that I formed during my childhood days. During the celebration mood of birthdays, I bonded with my childhood friends. Until today, we still share a pizza when we meet in memory of the good old days. This is one reason why I have developed a unique attachment to the pizza (Aronovich 49). During my high school days, teachers adopted a rewarding system in an effort to motivate students who performed well. The top three students in every class had a rare opportunity of sharing a pizza during the lunch hours. I remember working hard each term so that I could emerge in the top three categories in anticipation for the
Project Management Degree Essay Example | Topics and Well Written Essays - 4500 words
Project Management Degree - Essay Example 13. How was this value decided on Don't know 14. Was there a risk manager or team specifically assigned within your organisation to deal with risk Y / N 15. If yes, please describe more fully I think there is someone who is in charge about these things but I really don't know who 16. Was probabilistic planning used within the project Y / N what is that 17. If yes, please elaborate 18. Does your organisation undertake formal risk management training Y / N 19. If yes, please describe 20. Approximately what is the budget for this kind of training per year Don't know 21. Did any issues occur in the project Y / N I guess so 22. If yes, please specify 23. How would you rate the performance of the project Please tick all boxes that apply Thank you for you participation 2 All details will remain confidential In completing the questions, please refer to the most recent project that you have been involved in. Name: Age: Job Title: Name of Organisation: Position: How long have you been in this position What was the budget for the project What was the main objective/product/benefit of the project 24. Did your organisation use a methodology to guide the project Y / N 25. If yes, what methodology (PRINCE2, DSDM etc.) was used Please specify I am not really sure what specifically, but I think they do use something 26. Have you ever undergone formal project management training Y / N 27. If yes please give details _________________________________________ 28. What is the approximate annual budget per person for this (if available) I really don't know 29. Is risk management a part of your project methodology Y / N 30. Was there a standard risk... I would say the company is not too much into strategies, it just try its best to handle difficult situations, try to learn from its mistakes, remember the lessons taken from the blunders that have occurred and try its best not to repeat the same mistakes in future endeavors. Was the project a success Who do you think was responsible for its success (or failure) Most of our undertakings are relatively successful, yes there had been a lot of problems, so many things taking place one after the other which really gave us problems but thankfully we were able to surpass everything and proof to that is until now the company continues to exist. As to who is responsible, I guess, all of us are responsible to the success or failure of the things we do. (4) Some of our projects were conceived based on very good concepts except that because most of the people in the company are ill-equpped to handle the issues that take place, most of the times the good ideas vanish. (4) Yes, management conceptualises well its activities as much as it can, but we all know that problems always arise however good is the conceptualisation and the planning in
Monday, September 9, 2019
Globalization and the Society Essay Example | Topics and Well Written Essays - 1250 words
Globalization and the Society - Essay Example (Pros and Cons of Globalization, 2012) Most of the time globalization is used to refer to a particular specific aspect- economic integration throughout the world. This essay will examine the term of globalization, how it has been achieved, what benefits and drawbacks it brings to peoplesââ¬â¢ daily life. Based on these facts and arguments, this essay will finally consider from different points of view whether globalization is good for society or not. Globalization began along with the time of the industrial age. Industries produced goods in a mass quantity without any specific market orientation; therefore they started to sell products across the board. Export became more efficient for business, so they wanted to replace production to a place with more affordable labor and cheaper production cost. Thus, replacing production location allows businesses to produce more at a cheaper price in a market where demand is higher. Free Trade Agreement allows free moving to industries among d ifferent countries; therefore it brings welfare to all countries for several reasons. First of all, globalization provides an opportunity for finance. Before globalization, businesses were limited only to domestic sources of finance from investors. But today, countries become closer therefore limitations on finance sources fall. In a global economy, entrepreneurs have an opportunity to gain investment form any country. For example, a company based in Mexico, can easily get investments from the US, Canada, Europe or Asia. This practice is becoming more common globally. This opportunity is available not only for developed countries, but also for developing countries. For example, African countries can gain funds form countless international sources like Kiva International, an organization that provides funding to poorest, allowing them to turn ideas into businesses (Faiola, 2009). Economic integration with foreign countries makes economic growth more constant and faster than those cou ntries that try to dissociate itself from all. China is a great illustration of international integration. To become a globally active nation, China has broken traditional principles of being individual and ignoring other countries. As a result, it could not be unnoticed that China is the fastest growing nation in the world nowadays. According to statistics, an open economy has a rate of growth of 2.5% higher than in a closed economy due to the process of globalization (Dreher, 2006). An open economy in this case has been achievable due to the globalization process that has taken place around the world allowing for different countries to financially interact with one another for mutual benefit. Business across the borders has proven to be a sustainable practice that allows the countries that practice to access markets that would have previously been inaccessible due to their location (Vujakovic, 2010). The open market has served to increase the financial wealth of a country as it ha s provided more opportunities to conduct business besides the local industries that are available. Globalization has enhanced the relationships that exist between countries thanks to their interaction with one another that has allowed them to get along and in the process reducing the prospect of war between countries (Scholte, 2005). Globalization has enhanced the bonds that exist between countries as they work together to enhance their financial and political strength meaning that there is little opportunity for them to come up with reasons for disagreements as they are in the process of working together for the common good of both of their nations. Improved relationships
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