Wednesday, September 2, 2020

Business Strategy High School Essay Example | Topics and Well Written Essays - 750 words

Business Strategy High School - Essay Example Their size has left them helpless against progressively adaptable rivalry that can deliver at a lower cost. Openings: They have a perfect chance to significantly extend their piece of the pie in the cordless market. Despite the fact that the merchant organize is presently a shaky area, Smith and White has a chance to rebuild their dissemination to their advantage. Their enormous size and brand acknowledgment would offer them the chance to shape channel organizations or enter direct showcasing outlets, for example, through a site. Dangers: Their biggest rival, Makatume, can contend on cost. Makatume has more established battery innovation, yet has the cost structure to grow new innovation, enter that advertise, and pre-empt Smith and White. Smith and White would be constrained into an adherent situation on innovation and cost. Likewise, Able is not too far off with a solid cordless item. They have been looking for a buyout or merger, which could revive them as a significant danger. There are likewise a few littler organizations that have no obstructions to growing and enhancing. Smith and White needs to take 3 forceful activities: Reduce costs, enter the battery showcase, and separate the expert line. This would be practiced by making the expert and customer lines separate specialty units. Migrate the assembling of the expert line to a lower cost condition. Build up a prevalent cordless line for the expert items to contend straightforwardly with Makatume and re-brand it with a comparable however increasingly strong picture. The rebranding would have the necessary crucial changes to the item to make a positive market acknowledgment (DeYoung 2006). The brand acknowledgment and battery innovation would separate the item. This would hold off the need to contend on value (Day and Reibstein 1997 p.36). Smith and White would be in a prevalent situation with more up to date innovation and higher voltages. Smith and White should then utilize the battery innovation and move it to their shopper brands and take piece of the overall industry from Able Co. These items could be sold through wholesaler accomplices. Assets would should be devoted to revamping the merchant relationship, yet this will be essential. The long-go plans would incorporate remodel or movement of the customer business to a lower cost zone. SWOT Analysis: Strategic Planning Makatume Qualities: Makatume's predominant spot in Japan's market gives them an incredible power for passage into the US advertise. They can without much of a stretch increment their income by catching portions of the US showcase. They would not be in a situation to need to spend assets ensuring a current position. They likewise have the benefit of their new plants and their minimal effort structure. Their devotion to the expert market has streamlined turn of events and advertising. Shortcomings: Though their devotion to the expert line can be a quality, it is additionally an impediment. It restrains the market and limits the outlets. Their present battery configuration is old and necessities redeveloped. This will deplete assets in the close to term. They additionally experience the ill effects of low brand acknowledgment in the US. Dangers: The most quick danger is the conversion scale vacillation. It might make it hard to obtain or fund any development. They are additionally undermined by the few contenders that have a little piece of the pie. Makatume has no specific preferred position over them.

Saturday, August 22, 2020

Us Postal Service – Insolvency

The United States Postal Service: At the Brink of Insolvency Business 510 †Managerial Economics Final Project Submission February 25, 2012 Executive Summary this report investigates the United States Postal Service budgetary issues, which carried it to the verge of bankruptcy, in the wake of losing more than $25B over the most recent 5 years. It examines variables and execution and hypothesizes remedial activities to take USPS back to budgetary dissolvability. Both microeconomic and macroeconomic variables influencing the firm were examined while distinguishing its qualities, shortcomings, openings and threats.USPS items and administrations exhibit its qualities with its restraining infrastructure of the mailing business and as an administration establishment with an open credit extension with the Federal Financing Bank of up to $15B. Shortcomings remember need or next to no decent variety for its items and administrations, extremely prohibitive conveyance plans and ordered enor mous conveyance focuses. Open doors for USPS incorporate expanding its item decent variety exploiting the web and other creating advancements it can use to improve its working costs. USPS is additionally encountering outer and inside threats.One of these dangers is the more extensive acknowledgment of computerized innovation particularly with the web and email, cell phones and portable web, soaring working expenses and powerlessness to roll out convenient improvements and reactions to moderate proceeded with misfortunes without experiencing the Postal Regulatory Commission and Congress. Taking into account this, USPS is prescribed to adopt a multi-prong strategy to improve its incomes by expanding item valuing with its transportation administrations while remaining serious, utilizing the hypothesis of value flexibility of interest to fittingly value its mailing administrations and broadening its products.Reduce working expenses by diminishing quantities of representatives, improving its armada of vehicles to more eco-friendly vehicles or utilizing substitute vitality and furthermore by lessening oversaw offices and conveyance plans. Lastly USPS needs to demand Congress to give it position to impact value changes coming about because of strange changes in cost of fuel and different materials and assets utilized in satisfying its command of offering a key postal support to the country. Outline Establishment and General Business Description Article 1, Section 8, proviso 7 of the United States Constitution builds up the U.S. Postal Service. The present mail station association is working under the arrangements of the Postal Reorganization Act of July 1, 1971 assigning the US Postal Service (USPS) as a free foundation of the official part of the Government of the United States. The Postal Accountability and Enhancement Act, Public Law 109-435 made further modifications and the administering rule is systematized in Title 39 of the United States Code. A similar open law made the Postal Regulatory Commission (PRC) offering the PRC with administrative and oversight commitments in the administration and activity of the U.S. Postal Service (USPS Annual 10-K Report, 2011). The command of the USPS is to offer a â€Å"fundamental postal service† to the whole country at reasonable and sensible rates affirmed by Congress. This order is satisfied by offering diverse degree of mailing and delivery benefits all through the nation. As of September 30, 2011, all out representatives number to 557,251 vocation workers, down 4. 6% from the prior year of 583,908 and 88,700 non-profession representatives (Annual Report to Congress, 2011).More than 85% of vocation representatives are secured by aggregate bartering understandings through one of the accompanying four administration associations: American Postal Workers Union (APWU), National Association of Letter Carriers (NALC), National Postal Mail Handlers (NPMHU) and National Rural Letter Carriers (NRLCA) . Items and Services The United States Postal Service isolates their administrations into two general classes: Market predominant mailing administrations and serious delivery administrations. Mailing administrations incorporate First Class Mail, Standard Mail, Periodicals and Package Services.Shipping Services incorporate yet not restricted to Priority Mail, Express Mail, Bulk, Parcel Post and Bulk International Mail. Mailing administrations have set floor costs however by and large doesn’t have any set maximum price tag up to the permitted most extreme size and weight limits (generally 70 pounds for each bundle). Similar remains constant for transportation administrations. Every one of these administrations are offered through a system of in excess of 32,000 Post Offices, stations and branches, in addition to a large number of agreement post units, Community Post Offices, Village Post Offices, retail foundations selling postage stamps and different administrations including the web, www. sps. com. Extra administrations offered are offer of Postal Money Orders, renting of Post Office boxes and offer of post cards or welcome cards. Universal mail and bundle administrations are likewise accessible to in excess of 190 nations (Annual Report to Congress, 2011). The present First-Class Mail stamp costs $0. 45 expanded 2. 1% beginning in January 2012 that was declared in October 18, 2011. Postal Service Mail evaluating is set by the Board of Governors and affirmed by the PRC. Delivery administrations valuing is set by law taking care of both the institutional costs assignment and inferable costs.The institutional expenses allotment is dictated by the PRC and is presently set at 5. 5%. Along these lines the transportation cost is the aggregate of 5. 5% institutional costs (practically identical to exchange costs) and inferable expense, speaking to the immediate expense of the mailing or delivery administrations based from the weight and size of the bundle (USP S Annual 10-K Report, 2011). Current Financial Statement For the monetary year finishing September 30, 2011, the United States Postal Service announced an overal deficit of $5. 067B from their activity, an improvement contrast with the past year’s loss of $8. 505B. This is in spite of a decrease of 4. % in the quantity of its vocation representatives from 583,908 to 557,251 (USPS Annual 10K Report, 2011). Much the same as some other private organizations, the USPS was additionally extraordinarily affected by the worldwide economy particularly the profound and delayed financial downturn of 2008. Furthermore, with progress in innovation, more extensive accessibility of web broadband administrations, lower cost of PCs, pervasive utilization of web based banking and furthermore flood in offering of online finances moves, which offers comfort and speed as well as for all intents and purposes free, has legitimately contend and prevailed upon a portion of the mailing administrations of the USPS.Mail volume conveyances have diminished by 5% over the most recent two years, 2011 and 2010 and the prior year, in 2009, the lessening was an amazing 12. 8% (USPS Annual 10K Report, 2011). The extension of portable web combined with advanced cells will just compound USPS declining mail volume later on. At long last, one of the greatest working costs of USPS other than transportation expenses and plant gear and offices is representative wages and retiree benefits. USPS business costs makes up around 80% of its complete working expenses (Kosar, 2012).Employee wages and retiree benefits costs are altogether affected by wage expansion, medical advantage premium expands, retirement and workers’ remuneration projects, and typical cost for basic items remittances. Over the most recent 5 years, the USPS endured an absolute total deficit of more than $25 billion including $21 billion of costs for the pre-financing of the Postal Service Retiree Health Benefits Fund (PSRHBF ) commanded by Public Law 109-435 (USPS Annual 10K Report, 2011). USPS current all out obligation as of September 2011 is at $13B which is just $2B from its legal constraint of $15B set by 39 U.S. C 2005(a) (Kosar, 2012). Budget summaries answered to Congress for the financial year finishing September 30, 2011: Years finished Sept. 30, 2011Percent change from going before year (dollars in millions) 2011 2010 2009 2011 2010 2009 Operating income $ 65,711 67,052 $ 68,090 (2. 0%) (1. 5%) (9. 1%) Operating costs * $ 70,634 $ 75,426 $ 71,830 (6. 4%) 5. 0% (7. 6%) Loss from tasks $ (4,923) $ (8,374) $ (3,740) Operating edge (7. 5%) (12. 5%) (5. 5%) Net deficit $ (5,067) $ (8,505) $ (3,794) Purchases of capital $ 1,190 $ 1,393 $ 1,839 (14. 6%) (24. 3%) (7. %) Property and hardware Debt $ 13,000 $ 12,000 $ 10,200 Interest cost $ 172 $ 156 $ 80 Capital commitments of $ 3,132 $ 3,132 $ 3,087 U. S. Government Deficit since revamping $ (22,072) $ (17,005) $ (8,500) Total net lack $ (18,940) $ ( 13,873) $ (5,413) Number of vocation workers 557,251 583,908 623,128 (4. 6%) (6. 3%) (6. 0%) Mail volume (pieces in millions) 167,934 170,860 176,744 (1. 7%) (3. 3%) (12. 8%) New conveyance focuses served 636,530 739,580 923,595 *P. L. 112-33 had a net effect of a $5. 5 billion decrease of costs in 2011.P. L. 111-68 had a net effect of a $4. 0 billion decrease of cost in 2009. Graphical portrayal of USPS working incomes and costs from FY 2004 †FY 2011 Market Structure Monopoly Salvatore D. (2012) characterized an imposing business model market as â€Å"an association in which a solitary firm sells an item for which there are no nearby substitutes† (p. 388). What's more, of the four wellsprings of syndication refered to (Salvatore, p. 390) is one set up by an administration establishment like the United States Postal Service. Not all of USPS items and administrations are monopolized.USPS syndication is just in their mailing administration alluding to as its â€Å"dominan t mailing service†. No other conveyance administration organization in the business is permitted to convey mail. Furthermore, this incorporates conveyance administration organizations like UPS and FedEx. Mailing administrations incorporates First Class Mail, Standard Mail, Periodicals and Package Services. The USPS’s has restraining infrastructure over letter conveyance, post box imposing business model and the capacity to suspend the conveyance in specific regions. It implements this imposing business model with its furnished postal investigators who can direct inquiries and seizures in the event that it associates penetrate with its monopoly.The

Friday, August 21, 2020

Analysis Of Ted Hughes Poems

Investigation Of Ted Hughes Poems As the title proposes, this sonnet is about wind and the dangerous impacts that it has on both the scene and individuals that live in a disengaged house. The storyteller discloses to us how the occupants of the house battle against an incredible and fierce climate. In any case, notwithstanding the endeavors no human is sufficiently able to oppose the outrageous powers of nature. In this manner the connection among Man and Natures power is the key subject in Wind. 3. MUSIC AND LANGUAGE This house/has been/out of sight/ocean/all the night Numerous sonnets have exact examples to follow as rhyme and meter. Be that as it may, Hughes doesnt follow any example since he needs to make the feeling of bedlam as the extraordinary climate does in the sonnet. At that point writing in a free stanza he dismisses all the traditional graceful guidelines. In like manner is important to investigate how the mood impacts the sonnets meaning. As indicated by this we can see that he utilizes a predictable rhyming on the grounds that we can see five beats in each section with substituting unaccented and emphasized syllables. This predictable rhyming makes an irregular beat giving an essentialness to the sonnet that accentuates the breezes highlights. Additionally he utilizes similar sounding word usages, for example, wind employed edge light (6) that helps the hit to remember the breeze and simultaneously proposes that the breeze could strike whenever. There is more similar sounding word usage in the line dark back gull bowed like an iron b ar gradually (16) that passes on a moderate perusing that reflects somehow or another the devastating puff of the breeze. The sonnets language is brimming with words with a specific sound example. He utilizes words wich mean solidarity to portray the intensity of the breeze, for example, blast or flung that transforms the breeze into an awful and brutal nature power, not at all like for example the words trembling and cry used to the people groups depiction and which provide for them an implication of shortcoming. 4. STRUCTURE Wind has a straight story structure in which every one of six verses accommodated by four lines every one. The structure of the sonnet appears to be very straightforward, however in the event that we focus on the finish of the refrains we can see that some of them absences of accentuation. The accentuation is one of the proper perspective that makes simpler the comprehension of a book, dodging uncertain implications and troubles to decipher it. In this manner I imagine that in Wind the artist breaks all the proper shows beginning the lines with capital letter and utilizing the accentuation as he needs so as to stress the impacts of the breeze. He modifies the accentuation shows inciting turmoil, disarray and tumult as the breeze does in the scene and individuals of the sonnet. 5. Symbolism AND FIGURES Symbolism and figures are striking procedures that must be featured in this verse article. They can be found through the entire sonnet so as to expand the quality of the breeze and they help the peruser to envision each occasion in an increasingly sensible manner. In the main verse he is talking about the crush power of the breeze. He utilizes in this verse numerous representations and embodiments underscoring the unprecedented intensity of nature. In the primary line of the sonnet this house has been out of sight ocean throughout the night (1) we can see the illustration of the house out of sight ocean as it was a vessel lost in no place battling against the ocean as the house battles against the breeze. The subsequent refrain shows a clear appear differently in relation to the first. After the earnest utilization of exemplification to improve the force and savagery of the breeze , he depicts a still wide open with an orange sky (5). Following with a similar line till day rose (5), we can see that he is allowing to the day human characteristics indeed. The third verse the artist utilizes the principal individual portrayal. He utilizes this gadget to make commonality in the peruser. For example when it says that he scaled along the house side (9) we can envision the man looking with nature and we come at the situation from his perspective inclination sympathy for him. In the fourth refrain he depicts the scene as being dreadful of the breeze as he says the fields shuddering, the horizon a scowl (13) representing fields and sky so as to underscore upon the feeling of intensity of the breeze. The line The breeze flung a jaybird away and a dark gull twisted like an iron bar (15) is another commitment to the feeling of intensity of the breeze since it can in any event, throw a jaybird away. In the accompanying line he utilizes a comparison to depict the breeze quality saying that it can twist a dark gull like an iron bar (16). The fifth verse talks about the house regarding shortcoming depicting it as fine green challis (17) under the savage breeze, while the hearts of occupants are holding and they attempt to confront the components, however they are frightened to the point that even can't engage book, thought or one another (20). The last refrain feel the roots if the house move (22) can have a two sided connotation, from the outset we can believe that the breeze is solid to the point that can even move the house, yet additionally it tends to be identified with the underlying foundations of the family, his legacy and convention. The house that so much exertion they utilized to manufacture it and where all the family conventions and qualities were settled. The sonnet closes with the call of the stones, implying that something so solid and practically unbreakable as a stone is likewise dreadful in view of the tempest. 6. End There is an extraordinary control of language and symbolism in this sonnet. Through his magnificent utilization of figures and pictures plainly identified with its subject and structure he provides for the breeze the character of a huge and incredible monster making this sonnet an amazingly sonnet. Hughes catches the intensity of the breeze in phrases loaded with a wild and unquenchable vitality accomplishing an incredible intensity of articulation in each line of the sonnet.

Thursday, June 4, 2020

The Land Registration Act 2002 and its Impact on Interests in Land - Free Essay Example

A registration scheme far more comprehensive than land charges is found today in the Land Registration Act 2002. The principle significance of this is that the register tells the purchaser who owns the legal estate. The system moreover is not limited to legal estates. Subject to some exceptions (overriding interest), all legal and equitable interest must be entered on the register if they are to bind a purchaser.[1] The first thing to ascertain when dealing with any piece of land is which system of conveyancing is to be applied. And it is clear in the scenario that the land is registered.[2]The purchaser will want to know whether any third parties have rights to the land which might interfere with the intended use of it. Concern about these matters will lead the purchaser to make extensive enquiries before the purchase of the estate is finally concluded.[3] A. Legal leases not exceeding seven years constitute overriding interest and this falls under schedule 3, Para 1 of LRA 2002. Short legal leases are specifically excluded by Para 1 from the category of short leases which override registered disposition. That includes leases which are to take effect in possession more than three months after the date of grant.[4] Polly comes to the cott age after Alisha brought it but Polly was given the lease the previous year. And since Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t find any belongings in the cottage before buying we can assume that Polly returned after a year to take possession. In that case Sec.4 (1) (d) applies which makes the lease not an overriding interest. Because such leases mean that there is a real risk that the purchaser might buy the estate without discovering that it is subjected to a lease when the tenant is not necessarily in possession of the land. In such scenarios we can conclude that only the facts matters. And if Polly wants her legal lease to be protected knowing that she wonà ¢Ã¢â€š ¬Ã¢â€ž ¢t be in possession of the cottage for some time she should have made a notice[5] in the register about her lease. But certain interests cannot be protected by notice[6] , one such case is when the lease doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t exceed more than three years, interest under a trust of land or restrictive covenants. Sin ce Pollyà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease is for four years it can be entered into the charges register. The fact that an interest is the subject of a notice doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t mean that the interest is valid. However, if the interest is valid, the notice ensures both that it binds any purchaser for valuable consideration[7] , and he knows about it before he takes the estate.[8] It is therefore much safer to protect such interests by notice. Once such an entry has been made the interest losses its overriding status[9] , but of course binds a disponee for valuable consideration. B. It is essential to remember that, it is the rights of the occupiers that bind purchasers and not the occupation itself. The claimant must always prove two elements: actual occupation and an interest in land. In National Provincial Bank v Ainsworth[10] it was held that deserted wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s equity to be a mere personal right against her husband; her occupation made no difference.[11] Ju dges have regularly emphasized that the question of whether a party is in actual occupation is essentially a question of fact. Lord Wilberforce stated that[12], à ¢Ã¢â€š ¬Ã‹Å"It is the fact that matters and what is required is physical presence on the land and not some entitlement in lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ this was stated in Abbey National v Cann. In LRA 2002 Schedule 3 , Para 2 if occupation is established but the interest claimed was not known to the purchaser , the question will then be whether the occupation was obvious on reasonable inspection of the land.[13] Wilma daily comes home even for a short while and it is very much unclear whether Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t notice that. And the wedding photograph is good evidence to the fact that Wilma may have a share in the land. A thorough search should have taken place in such risky matters which Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t. The question is Wilma not being present permanently in the cottage because she was looking after her sick mother which was clearly defined by the case of Chhokar v Chhokar[14]in relation to LRA 1925 were a similar situation has being dealt with. The court of appeal said that it had no difficulty in holding that she was in occupation at the date, and went on to describe her right in the property as an overriding interest. The effect of temporary absence is now being considered by the courts in Link Lending Ltd v Bustard.[15] Occupation of Wilma was obvious enough through the inspection even if Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t know about it. This means that provided the occupation is discoverable, the disponee may still be bound by an interest of which she doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t know ( Malory Enterprises Ltd v Cheshire [2002] )[16]Nevertheless in Kingsnorth Finance Co Ltd v Tizard[17] provide that there was actual occupation even when the wife was divorced she visited every day to look after her children. Although she was not living there her daily activities might be regarded as sufficient to justify the result. The facts are all important in such a case.[18] The result in Chhokar seems clear, but what if the seller had removed all evidence of the wife. Like in the scenario it is unclear whether Alisha sees possessions of Wilma other than the wedding photograph before sale. And since Bob lies about a divorce Wilmaà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim might be stronger in such a circumstance. The purchaser has a statutory defence to an overriding interest if inquiry is made of the occupier, but the rights are not disclosed.[19] This is a clear hint to a purchaser as to what should be done. Those in actual occupation must be discovered and then asked what their interests are. In practice and in the scenario they tend to rely on the sellerà ¢Ã¢â€š ¬Ã¢â€ž ¢s information. This might be convenient but gives no protection. And when Alisha identified the wedding photograph she should have been careful enough to ask the occupier what their interests are rather than w hether she is present or not. This is because there is no need for overriding interest to be the source of the actual occupation.[20] The scenario doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t state that Wilma and Bob are divorced so this matter can be taken under Family Law Act 1996, s31 (10), that where one spouse or civil partner owns the family home, the other spouse has a right not to be evicted if already in occupation and a right with a leave of the court to enter and occupy if not already in occupation. And this lasts as long as the marriage continues. Under Sec.31 Wilmaà ¢Ã¢â€š ¬Ã¢â€ž ¢s home rights constitute a charge on the estate or interest of Bob and will bind Alisha in the property for valuable consideration if they are protected by a notice on the register of the title. This acts as an exception to overriding interests and thus binds Alisha. C. Easements and profits can be created expressly or impliedly by granting another person a right over oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s land or by r eserving a right over land which one is transferring to another person.[21]Only legal easements are now capable of overriding the register. The LRA 2002 effectively reversed the controversial case of Celsteel Ltd v Alton House Holdings Ltd[22] which held that both legal and equitable easements were overriding within 1925 scheme. But if somehow the deed is registered it loses its overriding status. We can assume that Maxwellà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim satisfy the requirement for a valid easement as laid down in Re Ellenborough Park.[23]A valid easement can be created by prescription which is long use of land and under Sec 2 of the Prescription Act 1832. The use for many years of a right which is capable of being an easement can create a legal easement by prescription.[24] Prescription arises if an easement has been used openly, as of right, without permission and continuously by one fee simple owner against another, provided that the right could have legitimately been granted by the landowner.[25] Maxwell does use the path openly and even notify Alisha of his right and say he has been using it for any years. It is somewhat unclear whether the prescription is by lost modern grant. Finally, we can come to a conclusion which interests bind Alisha and which does not. The legal lease of Polly doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t bind Alisha since thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s lack of physical presence and notice as explained. But the share of Wilma does bind Alisha since she has some equitable rights towards her share of the property. And finally the easement will also bind Alisha through the Prescription Act 1832. Critically examine the rationale for the continued existence of interests which override. à ¢Ã¢â€š ¬Ã…“Overriding interests are important and controversial because they contravene the most basic registration principle: they bind purchasers despite not being entered on the Registerà ¢Ã¢â€š ¬Ã‚  Roger Smith, Elements of Land Law (Pearson Longman 2007) I n a sense overriding interests are rather like à ¢Ã¢â€š ¬Ã‹Å"trump cardsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the registered land system, taking automatic priority to any rights which are subsequently acquired by a person in the land. Not only that, but they can also lead to alteration of the register with no compensation being payable to the purchase. Little wonder then that a former Chief Land Register referred to them as à ¢Ã¢â€š ¬Ã‹Å"a stumbling blockà ¢Ã¢â€š ¬Ã¢â€ž ¢.[26] When compulsory title registration was introduced, the aim of its creators was to simplify conveyance by placing all the essential information about an estate in land on a register. Thereafter a purchaser intending to buy the land will only have to look up at the register in order to discover all what he needed to know about the property.[27] A major difficulty arose from the category of à ¢Ã¢â€š ¬Ã‹Å"overriding interestà ¢Ã¢â€š ¬Ã¢â€ž ¢. The original notion of land registration was that the register would provide a complete record of the title, so that the purchaser will be able to buy it with minimum or other enquiries or inspections.[28] The fundamental principle behind registered land is the mirror principle, which is to reflect accurately and completely and beyond all argument the current facts that are material to a mans title. Overriding interests represents the greatest breach in the mirror principle. They were not accidentally created but rather deliberately done by the legislature and given automatic effect precisely because they should be obvious to any prospective purchaser or their enforcement is too important to depend on registration.[29] On the other hand the curtain principle is perhaps the most ambitious motive behind the origin 1925 Act and it remains a key principle under 2002 Act. The aim is to keep certain types of equitable interests off the register completely. As Williams and Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank v Boland shows, if the curtain is not raised the purchaser can easily be bound by such equitable interests. This problem clearly involves striking a balance between protection of the purchaser and protection for the occupier of land and it arose largely due to social and judicial changes.[30] Paragraphs 1 to 3 of Schedule 3 cover three types of interests which were overriding under LRA 1925. They are short leases, rights of persons in actual occupation and easements and profits. Schedule 3, Para 1 shortens the length of a lease from not exceeding 21 years to not exceeding 7 years. And in the future it can reduce to 3 years with the effect of e-conveyancing[31]. The reason why these leases override is that it would be unreasonable to expect short leases to be registered and if they were the register would be cluttered up by them. Under the 1925 Act anyone with proprietary right in property and also in actual occupation could claim an overriding interest. In Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank v Boland in 1981 defined actual occu pation as à ¢Ã¢â€š ¬Ã…“It is the fact of occupation that matters and what is required is the physical presence in the land and not some entitlement in lawà ¢Ã¢â€š ¬Ã‚ . However, Schedule 3 of LRA 2002 has reduced the extent to which these interests can bind a purchaser on subsequent registration of title so that a purchaser will not be bound if the occupation would not have been obvious on a reasonable inspection of the land at the time of the disposition. Under LRA 1925 s.70 (1) (a) all legal easements and profits and certain equitable easements[32] were overriding. But this wide category was reduced by LRA 2002 under Schedule 3, Para 3 where only legal easements by prescription or implied easements and profits were overriding. The LRA 2002 effectively reversed the controversial case of Celsteel Ltd v Alton House Holdings Ltd[33] which held that both legal and equitable easements were overriding interests within the 1925 scheme. Under LRA 1925 Sec. 70 (1) (f) a squatter could obtain title after 12 years adverse possession.[34] The new rules introduced by LRA 2002 apply to any squatter who had not completed the 12 year imitation period before the Act came into force on 13th October 2003. The rules are designed to protect the rights of the registered proprietor, and as a result the squatterà ¢Ã¢â€š ¬Ã¢â€ž ¢s chances of acquiring title to land are greatly reduced by the new scheme.[35] Finally local land charges override but they should be discovered by a local land charges search carried out before purchase. Moreover other interests, such as chancel repair liability will cease to override on 13 October 2013. Thus the à ¢Ã¢â€š ¬Ã‹Å"snap shotà ¢Ã¢â€š ¬Ã¢â€ž ¢ is becoming more accurate.[36] Why do we have them? At one time it was argued that the register replaces the title deeds and that the registration system should not protect purchasers in respect of interests not generally found in title deeds. Although this seems correct as historical exp lanation[37], the law commission has rejected it as an approach fit for the modern law. Their view is that, à ¢Ã¢â€š ¬Ã…“In the interest of certainty and of simplifying conveyancing, the class of right which may bind a purchaser otherwise than as the result of an entry in the register should be as narrow as possible but à ¢Ã¢â€š ¬Ã‚ ¦ interests should be overriding where protection against purchasers is needed, yet it is either not reasonable to expect or not sensible to require any entry on the register.à ¢Ã¢â€š ¬Ã‚ [38] They are also difficult to discover on an inspection of the land.[39] Not surprisingly the 2002 Act is working towards either minimizing or abolishing some overriding interests but has not yet worked out a strategy to eradicate them once and for all.[40] To make them lose their rights would contravene Article 1 of the First Protocol of ECHR. Active promotion of the advantages of registering interests could work in favor of both the purchaser and the ben eficiaries of these rights. Times have changed and the importance of moving on cannot be underestimated.[41] This surely illustrates the deepening of the crack in the mirror principle of registered land. In order to narrow the crack, the class of overriding interests may be made more certain by narrowing the class. On the grounds of public policy, there will perhaps always be interests which will need protection against the purchaser, where it will be unreasonable to register the interests. Therefore, the extent of the crack can never really get away from third- party interests, which is just as important as having quicker and cheaper conveyancing. Until legislation makes clear specifications on what particular interests can qualify, the concerns of overriding interests will remain. Bibliography Textbooks Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) Journal Articles Matthew Roach, the end is nigh for Overriding interests -Or is it? [Summer 2013 ] 2 Stewart-Wallace , principles of land registration, p 32 Online resources Mangala Murali, Overriding Interests à ¢Ã¢â€š ¬Ã¢â‚¬Å"a conundrum of English Land Law (Law Brief Update October 10, 2012 ) https://www.lawbriefupdate.com/2012/10/10/overriding-interests-a-conundrum-of-english-land-law/ accessed 1/12/2015 Statues Land Registration Act 1925 Land Registration Act 2002 Prescription Act 1832 Limitation Act 1980 Cases Bakewell Management Ltd v Brandwood Celsteel Ltd v Alton House Holdings [1985] Celsteel Ltd v Alton House Holdings Ltd [1985] 1 WLR 204 Dewan v Lewis [2010] EWCA Civ 1382 Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783 (Ch D) Link Lending Ltd v Bustard [2010] EWCA Civ 424 Malory Enterprises Ltd v Cheshire [2002] National Provincial Bank v Ainsworth [1965] AC 1175 Re Ellenborough Park [1955] 3 All ER 667 Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank Ltd v Boland [1981] 1 [1] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 53 [2]If one is not sure whether a registration has been made it can be found out by making an à ¢Ã¢â€š ¬Ã‹Å"index map searchà ¢Ã¢â€š ¬Ã¢â€ž ¢ which will tell you whether the estate has been registered. Further details may be obtained by making a full search of the register, which since 3 December 1990, can be done without the consent of the estate owner. [3] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 38 [4] S.4 (1) (d) [5] The Act defines a notice as à ¢Ã¢â€š ¬Ã‹Å" an entry in the register in respect of the burden of an interest affecting a registered estate or chargeà ¢Ã¢â€š ¬Ã¢â€ž ¢ S.32(1) [6] S.33 [7] S 32(3) [8] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 106 [9] S 29(3) [10][1965] AC 1175 [11] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 254 [12] Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank Ltd v Boland [1981] [13] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 118-119 [14] [15] [2010] EWCA Civ 424 [16] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 115 [17] [1986] 1 WLR 783 (Ch D) [18] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 115 [19] Sch3 Para 2b [20] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 264 [21] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 111 [22] [1985] 1 WLR 204 [23] [1955] 3 All ER 667 [24] The role of this doctrine was summarized in Dewan v Lewis [2010] EWCA Civ 1382 [25] Bakewell Management Ltd v Brandwood [26] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 251 [27] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 86 [28] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Pres s, 2014) 86 [29] Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) 10 [30] ibid [31] The introduction of e-conveyancing will have tremendous significance for the operation of the registered title system. It will only remove the gap between execution and registration which , as we have seen , can cause problems , but will also reduce very considerably the number of interests which can be created à ¢Ã¢â€š ¬Ã‹Å"off the registerà ¢Ã¢â€š ¬Ã¢â€ž ¢. [32] Celsteel ltd v Alton House Holdings [1985] [33] [1986] 1 WLR 512 [34] Even if the squatter is no longer in possession at the date of disposition. [35] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 141 [36] Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) 21 [37] Stewart-Wallace , principles of land registration, p 32 [38] Another important factor permeating the changes introduced by LRA 2002 is the ex tent to which a purchaser may be expected to discover these interests without making extensive inquiries. à ¢Ã¢â€š ¬Ã…“Because overriding interests bind transferees of the land even though they are by definition, not protected on the register, they are widely acknowledged to be potential source of difficulty in registered conveyancingà ¢Ã¢â€š ¬Ã‚  The law commission report no254 1998 [39] Examples include rights of an occupier of land, a lease for a term of less than seven years, profits a prendre (fishing rights or shooting or hunting rights). [40] The rights of persons in actual occupation present formidable challenges for reformists and it is this area of law that professionals must work on to find a conducive solution. [41] Mangala Murali, Overriding Interests à ¢Ã¢â€š ¬Ã¢â‚¬Å"a conundrum of English Land Law (Law Brief Update October 10, 2012 ) https://www.lawbriefupdate.com/2012/10/10/overriding-interests-a-conundrum-of-english-land-law/ accessed 1/12/2015

Wednesday, May 6, 2020

Capital Punishment Is A Penalty For All Crimes - 1939 Words

Capital punishment has been occurring since the earliest of the ages and has been performed numerous times around the globe by all differently opinionated people. Last year only, 256 citizens have been executed by the hand of law and only more to be uncovered. Capital punishment was part of culture in Babylon where it coded the penalty for exactly twenty-five crimes, Athens where death was suitable for all crimes, and Rome. Since the olden ages, humans are still holding crimes against other people applicable by death. But now, as humanity grows and our minds expand to new ideas and thinking, we have come to the conclusion: As humans, do we really have the right to take away another soul’s life and living? So, as capital punishment makes†¦show more content†¦Capital punishment assesses the perseverance of humanity and its morals. Because, the question is, is the federal government allowed to murder such souls though tainted? But, the question is more, do these victims â€Å"deserve† the cruelty of death? Expressing one’s violence does not suppress it, in fact, it simply enforces the desire to express it. Controlling and demonstrating emotions in such a way that contaminates the good will in humans that is able to understand sentiment. As stated by Thurgood Marshall, the late Justice of the Supreme Court, in in a June 29, 1972 Furman v. Georgia, â€Å"In judging whether or not a given penalty is morally acceptable, most courts have said that the punishment is valid unless it shocks the conscience and sense of justice of the people. Assuming knowledge of all the facts presently available regarding capital punishment, the average citizen would, in my opinion, find it shocking to his conscience and sense of justice. For this reason alone, capital punishment cannot stand. Thinking rationally, while inputting variables into the equation of the justice of capital punishment, you could assume, depending on your variables, that capital p unishment might be of a formidable use. But thinking with your soul is much different. A â€Å"gut-decision†, you may call it. But, why would a functioning being, with a valid reason, chose to voluntarily murder a soul, another one, similar to yours? The government is a social

Tuesday, May 5, 2020

Strengths & Weaknesses of Cloud Based Solutions-Free-Samples

Question: Write a review of strengths and weaknesses of cloud based solutions. Taking into consideration the environment which the solution would be deployed. Answer: Introduction There are various industries that have been set up in different parts of the globe that comprise of several organizations and business units. Due to the presence of so many different entities, there is a lot of competition that has been witnessed to maintain an edge over the others. Technology plays a major role in the maintenance of this edge over the competitors in the market. It is because of this reason and various other advantages that the organizations are making a move to adapt latest technological elements. Headspace, a healthcare organization that provides medical treatment, assistance and services to the patients has decided to implement a health record system in its organization. Non-Functional System Requirements In any of the automated systems and applications, there are several requirements and specifications that need to be fulfilled. Each of these categories of requirements has their own significance and relevance to the system. Non-functional requirements are also known as the system qualities and these are the requirements that determine the user satisfaction levels and the behavior of the system. The following requirements shall be maintained in the system so that the system behavior and response is adequate and is efficient enough to achieve high levels of user satisfaction. System Usability Any of the automated system or an application that is implemented in an organization is done with a purpose to overcome the existing issues and provide the end-users with amazing user experience. The same holds valid for the automated system that is being developed for Headspace. There shall be an element of usability included in the system so as to make sure that the system is easy to use and navigate and is also equipped with the desired set of functions and features (Lauesen Younessi, 2016). Reliability There are various categories of information that will be associated with the automated system for Headspace. However, the primary category would be the mental health details of the patients and this category of information will be extremely sensitive in nature (Chung, 2016). It would be required to make sure that the system presents the response to the user queries in such a manner that the reliability of the response is always maintained and followed. Performance of the System The automated system shall have utmost levels of performance which shall be determined by indicators and parameters, such as, response time and throughput time. All of these elements must be minimal so that the user does not suffer from any lags or performance issues (Malan Bredemeyer, 2010). Supportability Technology is not stagnant or static in nature and keeps on experiencing many changes and alterations. The automated system that will be developed for Headspace must be designed in such a manner and with the use of such a methodology that such changes and alterations can be easily incorporated in the system and other changes in terms of usage and requirements can also be met with ease (Shaikh Misbahuddin, 2016). List of System Interfaces Set of User Interfaces The design methodology used in the system design phase shall be responsive web design. It is because of the reason that the users expect the present day systems to behave and respond according to their actions and preferences which would be easily made possible by this design method. The use of colors shall be kept simple and light which shall fall in line with the purpose, aim and theme of the system. Visual appeal shall be enhanced by enhancing the interaction level by making good use of responses such as highlights, change of colors, change of text etc. Customization shall be incorporated in the system by allowing the users to change the system theme and the colors used in the application (Fosse Delp, 2016). All the screens on the system shall make sure that the consistency is reflected and shown in terms of the layout that is present along with the size of the text elements, headings, color of the text etc. The flow of the system on one screen or within the screen in terms of scrolling and navigation must be extremely smooth. The use of styles and font face for the headings and the textual content in the body must be kept uniform across all the screens. Set of External Systems/Devices Interfaces Users shall be allowed to send and receive emails which shall be made possible by using protocols like Simple Mail Transfer Protocol. Transmission and sharing of files shall be allowed and made possible by using suitable protocols and mechanisms. Network connections and communications shall be allowed and made possible by using protocols like Transmission Control Protocol. Communication is one of the most important aspects of the system and the same shall be maintained by using and integrating the communication protocols in the system. There shall be health equipment and tools that must be connected with the system so that the users can record the health signs using the same (Conde et al., 2010). Information privacy and security shall be maintained by making use of security protocols at the network and transport layers (Wheatcraft, 2010). System Constraints The source code shall be created in JAVA programming language so that the code is flexible and inter-operatable. NetBeans shall be used as the tool for coding purposes. The back end shall be set up using NoSQL and Cloud databases such as MongoDB. Test creation and execution shall be done by using the tool as TestLink (Dettmer, 2016). Defect logging, tracking and management shall be done through Bugzilla. Cloud Based Solutions Cloud computing plays a significant role in the automated system that will be developed for Headspace. The back end of the system will be entirely dependent upon the cloud database and services. Also, deployment and delivery of the system will be made possible by using and implementing suitable cloud models. For the purpose of system delivery, there are three choices that are present which can be analyzed and selected for this case. These include cloud models on the basis of software, platform or infrastructure. Platform as a Service (PaaS) is the cloud delivery model that has been selected and recommended for this case. There will be many advantages that will be offered by the PaaS model to the automated system for Headspace. These include the upgraded levels of security of the system and the information sets associated with it that will be made possible. There would also be easier management and maintenance that will be possible along with the platform for execution of the operations. This model may score a little higher in terms of the budget but it would otherwise fit to the needs and requirements. Similarly, there are various models that can be selected for the deployment of the system which include hybrid, public and private cloud models. The model that has been recommended for the system is hybrid cloud model. This model has been recommended because it includes the features and benefits of both the public and private cloud models. The handling and management of the information will be accordingly done on the basis of the information type. The deployment services necessary as per the information classification will also be possible accordingly. There are cloud services that are present for information security and privacy as well. Cloud based security solutions in terms of network security, intrusion detection, malware detection and anti-denial tools shall be implemented so that the information is always kept secured and protected from the security threats and attacks. Software Development Life Cycle (SDLC) Approach Many methodologies, techniques and approaches have been designed for the development of the system or software. The two categories of approaches with their features and parameters have been discussed and described below. Predictive Approach In this approach, all the project tasks and activities that shall be executed for the development of the system are determined and listed in the initial phase. The project estimations in terms of the effort, schedule, costs, resources etc. are done during the first phase and the developmental activities are accordingly planned. There is a great degree of dependency of the project activities on the other tasks that is witnessed. The execution takes place in a set of phases and this approach is applicable when the probability of risks and requirements inflation is less. Waterfall model is one of the popular examples of predictive SDLC approach. Adaptive Approach This is the approach that is ad-hoc and adaptive in nature and does not pre-determine any of the tasks or activities. In this case, the execution takes place as per the information available in terms of specifications and requirements. There is no set series or plan that is followed and a number of interactive iterations are used for the purpose of execution. It leads to the ability to easily manage the changes. Agile SCRUM framework is one of the popular methodologies that come under this SDLC approach. Recommendations The report includes numerous suggestions and recommendations in terms of the programming language, database, testing tools, cloud deployment and delivery models, security protocols etc. The most important element of the project that will determine its success or failure is the development approach. The recommended approach in this case is the adaptive approach which shall include agile SCRUM framework for this case. The recommendation is based upon several reasons which include the higher level of interaction with the project client, increased transparency with the customers, higher scalability, supportability and flexibility along with enhanced communication that come along with this approach. All of these elements are a part of the feature list of the agile SCRUM framework which would make it easier for the project team to achieve project goals and objectives. There are also additional benefits that will be offered in terms of decreased probability of risks and better change management. Management, planning and communication are the three elements that also have an extremely significant role to play in the success of the projects. The methodology and approach that is used in these activities also have a lot of relevance. Project Management Body of Knowledge (PMBOK) is the approach that must be used in these areas so that the results that are achieved are positive and the project goals and objectives are met. The project risks and conflict areas will also be managed efficiently by making use of PMBOK methodology. There may be many different conflicts, disputes and problems that may come up among the project resources which will be easily handled along with the management of project costs and schedule. References Agilemodeling,. (2016). UML 2 Use Case Diagramming Guidelines. Agilemodeling.com. Retrieved 04 October 2017, from https://agilemodeling.com/style/useCaseDiagram.htm Bourne, L. (2016). Stakeholder Relationship Management. Retrieved 04 October 2017, from https://www.mosaicprojects.com.au/PDF_Papers/P128b_Stakeholder_Relationship_Management.pdf Chung, L. (2016). Non-Functional Requirements. Retrieved 04 October 2017, from https://www.utdallas.edu/~chung/SYSM6309/NFR-18-4-on-1.pdf Conde, J., De, S., Hall, R., Johansen, E., Meglan, D., Peng, G. (2010). Telehealth Innovations in Health Education and Training. Telemedicine And E-Health, 16(1), 103-106. https://dx.doi.org/10.1089/tmj.2009.0152 Dettmer, H. (2016). Systems and Constraints: The Concept of Leverage. Retrieved 04 October 2017, from https://goalsys.com/systemsthinking/documents/Part-6-SystemsandConstraints.pdf Fakhroutdinov, K. (2016). UML actor is a role played by a human user of the designed system, some other system or hardware that interacts with the subject by using services of the subject.. Uml-diagrams.org. Retrieved 04 October 2017, from https://www.uml-diagrams.org/use-case-actor.html Fosse, E. Delp, C. (2016). Systems Engineering Interfaces: A Model Based Approach. Retrieved 04 October 2017, from https://www.omgsysml.org/System_Engineering_Interfaces-IEEE_2013.pdf Lauesen, S. Younessi, H. (2016). Six Styles for Usability Requirements. Retrieved 04 October 2017, from https://www.itu.dk/~slauesen/Papers/SixStyles.pdf Malan, R. Bredemeyer, D. (2010). Defining Non-Functional Requirements. Retrieved 04 October 2017, from https://www.bredemeyer.com/pdf_files/NonFunctReq.PDF McAtee, M. (2016). A good compliance system takes the administrating out of managing. Qualitydigest.com. Retrieved 04 October 2017, from https://www.qualitydigest.com/nov01/html/paperless.html Rhyous,. (2011). The 8 Types of Technical Documentation and Why Each Is Important. Rhyous. Retrieved 04 October 2017, from https://www.rhyous.com/2011/07/21/the-different-types-of-technical-documentation-for-software-and-why-each-is-important/ Shaikh, A. Misbahuddin, M. (2016). A system design for a telemedicine health care system. Retrieved 04 October 2017, from https://gupea.ub.gu.se/bitstream/2077/10498/1/gupea_2077_10498_1.pdf Walker, D. (2016). Influence, Stakeholder Mapping and Visualisation. Retrieved 04 October 2017, from https://mosaicprojects.com.au/PDF_Papers/P062_Influence_Stakeholder_Mapping_and_Visualisation.pdf Watt, A. (2016). 5. Stakeholder Management | Project Management. Opentextbc.ca. Retrieved 04 October 2017, from https://opentextbc.ca/projectmanagement/chapter/chapter-5-project-stakeholders-project-management/ Wheatcraft, L. (2010). Everything you wanted to know about interfaces, but were afraid to ask. Retrieved 04 October 2017, from https://spacese.spacegrant.org/uploads/images/UserContributedFiles/WheatcraftInterfaces110909.pdf Wick, S. (2016). User Stories and Use Cases - Dont Use Both!. Batimes.com. Retrieved 04 October 2017, from https://www.batimes.com/articles/user-stories-and-use-cases-dont-use-both.html

Sunday, April 19, 2020

Movie Analysis North Country Essay Example

Movie Analysis : North Country Paper The movie North Country was based on the book †Class Action: The Landmark Case That Changed Sexual Harassment Law† which tells the story of Lois Jenson, who filed the first class action lawsuit for sexual harassment in American history. In the film, Theron plays the daughter of an iron miner (Richard Jenkins) working in a mine in Northern Minnesota Mesabi Iron Range. When Josey leaves an abusive husband and moves back to her hometown into her parents’ house, she was not welcomed. Her father assumes, without even interrogating his daughter, that it was her infidelity to her husband that had created the situation. Even her own son thinks that she is a whore. What this shows is the tendency to assume that it’s the woman’s fault in any conflict with men. Such biases were more prevalent in the chronological setting of the film, which covers the last few decades of the 20th century (Rosen). All Josey wants is to own a house, eat decent meals and be able to buy her son hockey skates once in a while, which are completely reasonable. But even her father Hank expresses his displeasure to women working in the mines, because it’s not â€Å"women’s work†. He also blames Josey of taking away a job from a man on whom a whole family is dependent. But Hank fails to notice that his daughter too has a family to support. Even the women in the community believe there’s something wrong if she can’t find a man to take care of her. It points to the common acceptance in society, which is women’s dependency and subordination to men (Ebert). We will write a custom essay sample on Movie Analysis : North Country specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Movie Analysis : North Country specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Movie Analysis : North Country specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The most gripping scene in Niki Caro’s off-the-beaten-track drama â€Å"North Country† comes when the lead character, Josey Aimes (played by Charlize Theron) addresses her hostile co-workers at the union meeting to make clear that she does not want the mine closed down, but only the sexual harassment of women to stop (Ebert). Women were as much complicit to such abuses as is evident from the fact that the other female co-workers of Josey choose to bear the humiliation rather than risk losing their jobs. Women felt helpless, in spite of the protection provided by law. This goes to show that the rights granted to citizens of the country as a result of the civil rights movement had still not managed to uproot the patriarchal nature of the society. This is as truer in the 21st century as it was true during the century before. What had decreased is the prevalence and institutionalization of such attitudes and beliefs. Like the court’s decisions on civil rights, it didn’t change everything overnight. Affirmative action was enforced in the Iron Range as late as 1974, when the government finally ordered the steel companies to reserve 20% of their jobs to women and minorities. (Ronning) When Josie takes up a traditional women’s job of a hairdresser, she could earn only a sixth of what she will eventually earn as a miner. This shows the disparity in wages between the two sexes. Women generally don’t get paid as much as men for the same amount of work they do. Another disparity is in the composition of the work force in the mines. Men outnumber women 29 to 1, which is highly disproportionate to the actual population figures. Yet, the ones who do make it through and got the job cannot consider themselves lucky as they were subject to all kinds of sexual harassment by their male co-workers for no fault of theirs. The other women miners are hard-working survivors who tolerate the obscenity and worse, and keep silent because they cannot afford to lose their jobs in trying to make a point (Rosen). During the period when the movie was set, Anita Hill was shown testifying against Clarence Thomas for sexual harassment. What this signifies is the permeation of such beliefs and practices across all layers of the society, including the political offices. The movie showcases the approach and expansion of a legal frontier (Rosen). In the male dominated work environment of the mine, picking on women is all in a day’s work. A woman operates a piece of heavy machinery unaware that a sign is painted on it advertising sex for sale. They find obscenities written in excrement on the walls of their locker room. When finally the union decides to ask for portable toilets for the women, one of the first women to use one has it turned over while she’s inside. Add to that other sorts of touching and fondling, but if a woman is going to insist on having breasts, how can a guy be blamed for copping a feel, goes the logic. It is assumed and widely gossiped that Josey is a tramp, and she is advised to â€Å"spend less time stirring up your female co-workers and less time in the beds of your male coworkers.† (Ronning) The patriarchal nature of the American society in the 20th century is evident from the fact that the retired judge named special master to oversee the trial and to decide the compensation amount to the women, had his own biases. He held traditional beliefs and had a history of sexual misconduct. It was also reported that he frequently fell asleep during the testimony and seemed to enjoy the narrations of harassment when awake. Eveleth Mines’ lead counsel during this phase was a woman, and yet she verbally assaulted the plaintiffs to get the damages reduced. Her strategy involved proving that the harassment was the making of the women themselves due to their provocative behavior towards male coworkers and the plaintiffs were dishonest about the severity and the psychological effects. What this shows is the degree to which women themselves were inculcated to believe in their unquestioning subordination to men (Mishkind 147). Overall, Lois and the other women went through three humiliating trials where their character and personal lives were assaulted over and over again by Eveleth’s lawyers. In addition, they endured the torturous process of litigation, and further torment of the federal court system. The appeals court Judge Donald Lay wrote, â€Å"It should be obvious that the callous pattern and practice of sexual harassment engaged in by Eveleth Mines inevitably destroyed the self-esteem of the working women exposed to it. The emotional harm, brought about by this record of human indecency, sought to destroy the human psyche as well as the human spirit of each plaintiff. The humiliation and degradation suffered by these women is irreparable. Although money damage cannot make these women whole or even begin to repair the injury done, it can serve to set a precedent that in the environment of the working place such hostility will not be tolerated.† (Belton) The status and rights of women during the last century was largely only in paper. Only when Anita Hill testified against Clarence Thomas in October l991, did the United States finally wake up to the reality of sexual harassment. Before that landmark event, few people knew what to call such persistent predatory behavior as it was accepted the norm. If women needed to earn a living, they were expected to grit it out and take it. The idea that sexual harassment could be viewed as a violation of a woman’s civil rights and her ability to earn a living was very slow to catch up with the public (Mishkind 142). The much more fair and balanced sexual harassment policies that we see in corporations and educational institutions today owe in large part, to Lori Benson’s determination to put an end to some of the most shameful sexual harassment ever described in print. Although she had to wait for another 10 years to achieve justice, the suit eventually became the cornerstone of modern sexual harassment law. The much liberated women of the 21st century enjoy their freedom and security due to the perseverance and patience of these women (Belton). Works Cited: Belton, John., American Cinema/American Culture (second edition), McGraw-Hill New York. Ebert, Roger., North Country Review, October 21, 2005. Mishkind, Charles S. â€Å"Sexual harassment hostile work environment class actions: is there cause for concern?.† Employee Relations Law Journal 18.n1 (Summer 1992): 141-147. Rosen, Ruth., Behind â€Å"North Country†, Ronning, G., â€Å"Jackpine Savages: Discourses of Conquest in the 1916 Mesabi Iron Range Strike†, Labor History, Vol. 44, No. 3, 2003