Wal-Mart Evaluation Report - Free Essay Example

Sample details Pages: 6 Words: 1735 Downloads: 3 Date added: 2017/09/21 Category Advertising Essay Type Narrative essay Did you like this example? Wal-Mart Evaluation Report Axia College of University of Phoenix Analyzing Wal-Marts annual report provides a positive outlook on Wal-Marts financial health. Given the specific ratios and its comparison to other companies in the same industry, Wal-Mart is leading and more than likely will continue its dominance. Though Wal-Mart did not lead in all numbers, its leadership and strong presence of the market cements the ongoing success of the company. The review of the current ratio, quick ratio, inventory turnover ratio, debt ratio, net profit margin ratio, ROI, ROE, and P/E ratio all indicate an upbeat future for the company. The current ratio, which is defined as current assets divided by current liabilities, is a measure of how much liabilities a company has compared to its assets. Wal-Mart in the year of 2007 had a current ratio of . 90, and as of January 2008 it had a current ratio of . 81. The quick ratio, which is defined as current assets minus inventory divided by cu rrent liabilities, is a measure of a companys ability pay short term obligations. Wal-Mart in the year of 2007 had a quick ratio of . 25, and as of January 2008 it had a ratio of . 21. Both the current ratio and quick ratio are a measure of liquidity. Wal-Mart is not as liquid as its competitors such as Costco or Family Dollar Stores, Inc. The reason why Wal-Mart is not too liquid is because they are heavily investing their profits for expansion and growth. Management claims in their financial report that holding their liquid reserves in other currencies has helped Wal-Mart hedge against inflationary pressures of the United States dollar. The next ratio to look at is the inventory ratio which is defined as the cost of sales divided by average inventory. In the year of 2007, Wal-Mart’s inventory ratio was 7. 8, and as of January 2008 it was 7. 96. Because Wal-Mart has a lot of sales, it does not have too much of a problem with holding too much inventory. The competitors of Wal-Mart have similar ratios, but they do not have as many sales as Wal-Mart. Wal-Mart’s ability to sell at lower prices for the same quality gives them the edge against the competition. As of the year 2007, Wal-Mart had a debt ratio of . 58, and as of January 2008, it had a debt ratio of . 59. The debt ratio is calculated by dividing the total debt by its total assets. Wal-Mart has a ot more assets than it does debt, so Wal-Mart is not overleveraged. Wal-Mart far exceeds their competition in comparison of assets. Wal-Mart is the 800-pound gorilla in this industry and looks to remain that way. The next ratio to look at is the net profit margin ratio, which basically measures the return of sales. Wal-Mart had a 4% net profit margin ratio in the year 2007, and had a net profit margin ratio of 3% as of January 2008. The industry average is similar, so the comparisons between the competitors remained flat. The ROI or also known as return on assets compute the efficiency of an   investment. Wal-Mart had an 8% in the year of 2007 and as well as of January 2008. Wal-Mart had one of the highest ROI’s in the industry; however the most important of the number is its consistency. Wal-Mart is more consistent than its competitors when comparing ROI, or return on assets. The return on net worth is also known as the return on stockholder’s equity which gives a clear picture of the performance of Wal-Mart, and in the year 2007, it had a ROE of . 19 and as of January 2008, it had a ROE of . 19. Wal-Mart’s dependable profits make it a great company. It was able to get close to a 20% return for its shareholders. The final ratio that solidifies Wal-Mart’s impressive performance is the P/E ratio. It is calculated by dividing the market price per share and the current earnings per share. Wal-Mart had a P/E ratio of 17. 89 in 2007, and as of January 2008 it had a 16. 28 P/E ratio. In general, a high P/E  suggests that investors are expecti ng  higher earnings  growth  in the future compared to companies with a  lower P/E. Wal-Mart’s ability to turn their inventory into cash is remarkable. They have the shortest operating cycle of its industry. By adding the inventory conversion period and receivable conversion period, one would get the operating cycle. Wal-Mart had 49. 36 days for its operating cycle as of January 2008. A very similar computation of Wal-Mart’s bottom line is its cash conversion cycle. It is calculated by subtracting the days of payable deferral period from the operating cycle. The number of days for Wal-Mart to turn its resource inputs into cash is about 12. 36 days. There cash cycles are much more optimized and the best among its competitors. It spells success given that they are able to sell their inventory in a very quick time frame. The shorter the cycle, the less time capital is tied up in the business process, and thus the better for the companys bottom line. Wal-Mart ’s system is very efficient because of their superb capability to need less working capital given their short cash cycle. Below is the list of long term debt with maturity dates and yield to maturity. Wal-Mart sells only common stocks with a current selling price of 58. 62 per share. It had a 52-week average price between high 40’s and low 50’s. The average cost of capital for the year 2007 was 5. 3% and as of January 2008 was 4. %. These numbers are very impressive given how Wal-Mart borrows very cheaply. The primary reason why Wal-Mart is able to do so is because Standard Poor’s rates Wal-Mart’s long term debt as â€Å"AA. † Wal-Mart is a good credit risk, meaning bondholders are safe in terms of Wal-Mart’s ability to repay. Their strong recognized brand helps its sales, and I believe along with their great management, Wal-Mart is in no trouble to pay its creditors because it has a strong history of paying its obligations and the c heap borrowing rates reflect that. Wal-Marts stellar performance has created optimism for those invested in Wal-Mart whether it be a shareholder, bondholder, employee, management, and as a consumer. Wal-Mart is a great buy; however, one should wait for the stock to dip a little lower. The current economic conditions in America especially, Wal-Mart might suffer because consumers in America will be less inclined to spend as much money. Though they are still going to grow because Wal-Mart has expanded its operations in emerging markets such as Asia, it will be able to bounce back. Its long term growth and outlook is still positive however stock prices will probably take a dip in the near future as Americas economy begins to decline and contract. Wal-Mart still, however, gathers hundreds of millions of customers and continues in its growth. Their mission of providing low prices will help attract customers who want the most out of their money. Many analysts agree that Wal-Mart will perform well into the future and when looking at Wal-Marts revenue and market cap compared to its competitors, Wal-Mart surpasses and moves ahead. With the right system and leadership in place, Wal-Mart may even monopolize their market as a retailer. It sells a diversified range of products such as foods, consumable goods, clothing, pharmacy, gasoline through distributors, photo processing, video rental stores, and just about everything else one might need. Wal-Mart has become the one-stop-shop place for a person, and it has provided quality as well as quantity. They will continue to be the leader in providing a unique service of diversified goods with a combination of low prices and customer satisfaction. Wal-Mart has given a lot of value to its customers. However, the same cannot be said to its workers. The labor force of Wal-Mart has complained about lack of benefits and low pay. Things are slowly changing, as the CEO of Wal-Mart shared in Wal-Marts annual report that empl oyees will be given more incentives such as health care benefits. There also has been much controversy that Wal-Mart has discriminated against female workers. The CEO of Wal-Mart, Lee Scott, has said in the annual report that Wal-Mart has been constantly promoting women especially in the companys growing market of China. Wal-Mart has better positioned itself for opportunities in all aspects and has become more aware of peoples needs inside and outside of the business. In analyzing investments and businesses, numbers tell the story. The eight ratios analyzed were all good or above average in its industry. The current ratio was good, however not the best in the industry. The primary reason why it has more current liabilities than it does current assets is because the capital used to buy wholesale products and sell retail are used heavily to keep the business booming. Many customers are constantly shopping in Wal-Mart, and this need has to be met with enough inventories. The quic k ratio which measures short term obligations, suggests that Wal-Mart is capable to pay its creditors and has above average number than the industry. The inventory ratio proves Wal-Mart is the best as it sells a lot more products than its competitors. The inventory is always moving because Wal-Mart sets its prices to sell. The debt ratio of Wal-Mart is good but not the best however has done better than most of its competition. Wal-Mart as a larger net worth and market cap than any of its competitors. There net profit margin ratio is good however is not performing than it should. The problem is that they price it too low. Wal-Mart can raise prices to prove this ratio; however, their volume of business makes up for this. Their ROI on its assets as well as their ROE is consistent unlike its competition. As Wal-Mart gains more market shares, they will dominate their competitors beyond what it is now. The P/E ratio is not too low or high as it suggests that Wal-Mart is poised for more gr owth especially as business is expanded to other markets. Wal-Mart is a great company with very little blemishes, as its management and leadership make small but important changes to improve its bottom line. References Moyer, C. (2007). Fundamentals of Contemporary Financial Management (2nd ed. ). Thomas-Southwestern, OH (n. d. ) Annual Reports. Retrieved August 3, 2008, from https://www. annualreports. com/ (n. d. ) Thomson One. Retrieved August 3, 2008, from https://tabsefin. swlearning. com (n. d. ) Wal-Mart. Retrieved August 3, 2008, from https://finance. yahoo. com/q? s=wmt Don’t waste time! 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No Country For Old Men - 1465 Words

In the film No Country for Old Men, directed by Joel and Ethan Coen, two main themes that were communicated were changing times and the idea of right and wrong. In this film: a drug deal gone results in Llewelyn Moss finding a briefcase full of money and running away with it. Chigurh (a cold blooded murderer) tracks Llewelyn to try and find the money, resulting in guns fired and people killed. The themes of changing times and right and wrong were sufficiently portrayed through the techniques of cinematography, non-diegetic voice over, symbolism, dialogue and lighting, the combination of techniques were also used to portray these themes. Firstly, the idea of changing times is evident in the beginning scene through the verbal feature of non-diegetic voice over from Ed Tom Bell. †I was sheriff of this county when I was twenty-five years old. Hard to believe. Grandfather was a lawman. Father too. Me and him were sheriff at the same time†¦Some of the old-time sheriffs never even wore a gun. A lot of folks find that hard to believe†¦I always liked to hear about the old- timers. Never missed a chance to do so. You cannot help but compare yourself against the old timers. Can’t help but wonder how they would have operated these times.† The way this speech was delivered with a raspy tone to the voice helped the audience to understand how Ed had grown up through the times when life was simple. Two visual features that helped to portray the theme of changing times are cinematographyShow MoreRelatedNo Country For Old Men1365 Words   |  6 PagesSelman Kara VISM 2001 – Introduction to Film Studies October 28th, 2015 Short Essay 2: Comparative Essay No Country For Old Men (2007) is a neo-Western thriller written, directed and edited by Joel and Ethan Coen. 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Told in different perspectives, the story continues with Moss on the run from a psychopathic killer Anton Chigurh in search of the money while also being tracked down by Sheriff Bell. Critics like James Wood from The New YorkerRead MoreNo Country for Old Men1600 Words   |  7 Pag es Filled with a plethora of themes and convictions, Cormac McCarthy’s No Country for Old Men excels in its endeavor to maintain the reader’s mind racing from cover to cover. The setting is the Texas-Mexico boarder; the story embodying a modernized western-themed Greek tragedy filled with drug runners and automatic weapons. Llewelyn Moss, a Vietnam veteran, finds himself on the run from forces that seem to be an instrument of karmic consequence. While on the run, Llewelyn is given the opportunityRead MoreAnalysis Of No Country For Old Men1014 Words   |  5 PagesIn the film â€Å"No Country for Old Men,† there are many aspects that make it a fantastic piece of work. The authors A.O. Scott, Anthony Lane, and Christopher Orr all write brilliant reviews that praise the film as well as pick apart its shortcomings. However, none of the authors touched on the one seemingly obvious piece to the puzzle, which is the title. â€Å"No Country for Old Men† is a title that stands out among many others, and it does not speak for itself the way that many movie titles do. The titleRead MoreEssay on No Country for Old Men1619 Words   |  7 PagesBitter about the evolution of the corruption of society, Sheriff Ed Tom Bell plays the official hero clinging to old traditions and reminiscing about the old days in No Country for Old Men by Cormac McCarthy. Delusions of a peaceful utopia during the time his grandpa Jack was a sheriff has left Bell looking at the world through hopeless eyes; a world on its knees with only one explanation for its demise: Satan. Not necessarily a religious man, Sheriff Bell, when asked if he believes in Satan, remarks:Read MoreAnalysis Of `` No Country For Old Men ``1247 Words   |  5 PagesIn Cormac McCarthy’s â€Å"No Country For Old Men,† fate plays a significant role in the novel and is present in the lives of each of the characters he portrays. Fate, as def ined in the dictionary, is â€Å"the will or principle or determining cause by which things in general are believed to come to be as they are or events to happen as they do.† The theme of fate is demonstrated in all of the characters in the novel, but most evidently in Llewellyn Moss, Ed Tom Bell, Carla Jean, Carson Wells, and Anton ChigurhRead MoreNo Country for Old Men Essay2186 Words   |  9 PagesNitish Bali Mrs. Caporiccio ENG4U1 – 05 7 June 2013 The Attainment of Individuation in No Country for Old Men Society is built upon a foundation of norms, but not all individuals adhere to said norms, some are outliers. If the actions of an individual causes pain onto another, society defines that the normal reaction for that individual would be to exhibit a state of empathy, but this is not always the case, as there are those who do not feel or exhibit the normal psychological reactions toRead MoreHunting For Men And Meaning : No Country For Old Men1233 Words   |  5 PagesHunting for Men and Meaning in No Country for Old Men This movie is one of many classic movies that have the ultimate understanding of life and the human physiological behavior. This movie entitles three mechanisms of hunting to describe critical aspects of life, hunting for animals, hunting for men and hunting for meaning. Hunting is the act of tracking and taking a life; this act differs from hunting an animal to a human. This particle can teach a lot of principles like being patient, good timing

Concept Learning And Language Development - 867 Words

As can be seen in Appendix 3, the teacher began the guided talk with context-embedded activities and gradually moved, with dialogue and action, towards less embedded activities, meaning that the children were never left without support, and at the time were being encouraged to move to the new knowledge which was the ability to report instructions for making a fruit salad. This is underpinned by Smyth (2003) who suggests that good planning for concept learning and language development will ensure that all pupils always move from activities with a high degree of contextual support, such as real objects and pictures, to those which are less contextually supported in these ways. At this higher level, activities will be much more dependent on the linguistic cues and the pupils’ own knowledge of language, as well as what they have already learnt. Guided talk was an effective strategy in supporting EAL children as the small number of children in the group allowed the teaching to be adjusted to the particular needs; in this case it was developing competency in the English language. Resulting from this, the children could move beyond their linguistic zone of proximal development of BICS to CALPS as they were given the opportunity to rehearse specific and more advance language forms, which had been modelled by the teacher in appropriate contexts. This is underpinned through McGroarty (1993) who suggests that through guided talk EAL children can hear more language, a greater varietyShow MoreRelatedSociocultural Theory And Second Language Learning902 Words   |  4 PagesSociocultural Theory and Second Language Learning â€Å"Language is the most pervasive and powerful cultural artefact that humans possess to mediate their connection to the world, to each other, and to themselves† [Lantolf Thorne 2006:201]. 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Eminem Biography free essay sample

Just by reading his name people should know Immediately who Mine is. But for those people who Ignore It, here are some Important facts about his life and career. Mine Is the first and most famous white rapper since the Beastie Boys. He has been ranked as number 82 In The Immortals, an Important list of Rolling Stones magazine. HIS pseudonym Mine comes from the Initials of his real name: Marshal Bruce Matters Ill. Mine was born in Saint Joseph, Missouri. He never had a stable place to live until he finally settled down in Detroit at the age of 12.He grew up into a very poor family. His father left them and disappeared right after he was born, but when Mine started to appear on the big screen his father called him asking for money. (He hates his father). Mine was brought up by his mother, Debbie Nelson, with whom he never had a good relationship because of her addiction problems. We will write a custom essay sample on Eminem Biography or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page (He also hates his mother). The lack of love during his childhood has caused him problems keeping stable relationships with other people. For example, he has been married and divorced twice with the same person, Kimberly Scott, with whom he had one dutiful daughter.Hex currently single. One of the persons that influenced him the most was his uncle Ronnie. Mine was very close to him and he was the one who introduced him to hip-hop music. Unfortunately, Ronnie killed himself because of a breakup with his girlfriend. This tragedy impacted Mine in an important way, because Ronnie was one of the few persons hed really relied on. Mine got interested in hip hop while he was in high school. He used to record rap tapes with Ronnie and participate in free style battles at the age of 14. He left the school after falling 9th grade twice.After participating In several rap battles he Joined a group called Basement, this was the beginning of his great success. The mall fact that marked his career was when he started to work with Dry. Drew, the producer that made him famous after recording his first official album the Slim Shady W, with this album he became known worldwide. Mine has always projected his feelings and his frustrations into his lyrics. This is something that has characterized him since always. He doesnt talk only about sex, drugs, and money; in every song he includes memories about his life.He transmits his pain and his Joy through his music. He has gained plenty of awards that make him a recognized artist. Now days, hes totally focused on his professional career and his daughter. Mine Biography By Technophobia Just by reading his name people should know immediately who Mine is. But for those people who ignore it, here are some important facts about his life and career. Mine is the first and most famous white rapper since the Beastie Boys. He has been ranked as number 82 in The immortals, an important list of Rolling Stones magazine.His pseudonym Mine comes from the initials of his real name: beautiful daughter. Hes currently single. Unfortunately, Ronnie killed himself because of a breakup with his girlfriend. This at the age of 14. He left the school after failing 9th grade twice. After participating in several rap battles he Joined a group called Bastion, this was the beginning of his great success. The main fact that marked his career was when he started to work album the Slim Shady LIP, with this album he became known worldwide. Something that has characterized him since always. He doesnt talk only about sex.

A new media and its impact free essay sample

The more time you spend in India, the more you realize that this country is one of the world’s greatest wonders a miracle with a message. And the message is that democracy matters†. India is one of such paradises on earth where you can speak your heart out without the fear of  someone gunning you down for that, or, it has been until  now. Article 19 of the Indian Constitution provides freedom of speech as the fundamental right embodied in part III. This Art. give fundamental right to every citizen to enjoy freedom of speech without hurting the other. Even if the situation of Indians is a lot better than that of their fellow citizens of other nations, the picture is not really soothing or mesmerizing for Indians any more. This observation is being made with regard to the exercise of the right of freedom of speech and expression in the context of social media. We will write a custom essay sample on A new media and its impact or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Social media in present world have become an important part of individual’s life. Almost all the people in the world are becoming part of social media even judges have also been influenced by this social media. This Social media sometime affect the judgement of court. Judge as a human being also use social media i.e. Facebook, Tweeter blog etc. Fundamental right to speech and expression has been hampered by the arbitrary use of the so called cyber laws of the nation,  particularly Section 66A of the Information Technology Act, 2000. This section gives arbitrary power to police to arrest person by interpreting this section for their use. Because of this arbitrariness the section 66A of IT act is unconstitutional and should be stuck down by the court of law. Before delving into the issue in details, it is but desirable to first understand the concepts of social media and freedom of speech and expression. SOCIAL MEDIA Social media comprises primarily internet and mobile phone based tools for sharing and discussing information. It blends technology, telecommunications, and social interaction and  provides a platform to communicate  through words, pictures, films, and  music. Social media includes web- based and mobile technologies used to turn communication into interactive dialogue. Andreas Kaplan and Michael Haenlein define social media as â€Å"A group of internet -Based application that build on the ideological and technological foundation of Web 2.0, and allow the creation and exchange of user- Generated context. † â€Å"Web 2. 0† refers to Internet platforms that allow for interactive participation by users. â€Å"User generated content† is the name for all of the ways in which people may use social media. FREEDOM OF SPEECH AND EXPRESSION Freedom of speech and expression is broadly understood as the notion that every person has the natural right to free ly express themselves through any media and frontier without outside interference, such as censorship, and without fear of reprisal, such as threats and  persecutions. This  is  because  freedom  of  expression is not absolute and carries with it special duties and responsibilities therefore it may be subject to certain restrictions provided by law. The following are some of the most commonly agreed upon definitions of freedom of expression that are  considered as valid international standards: â€Å"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. †1   â€Å"Everyone shall have the right to hold opinions without interference. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either  orally, in writing or in print, in the form of art, or through any other media of his choice. †2 Similarly, Article 19 (1) (a) of the Constitution of India also confers on the citizens of India the right â€Å"to freedom of speech and expression†. The freedom of speech and expression means the right to express one’s convictions and opinions freely by word of mouth, writing, printing,  pictures  or  any  other  mode. In the light of Moon’s argument, the importance of freedom of speech and expression while using social media can be better understood. FREEDOM OF SPEECH AND EXPRESSION AND SOCIAL MEDIA/INTERNET The Internet and Social Media has become a vital communications tool through which individuals can exercise their right of freedom of expression and exchange information and ideas. In the past year or so, a growing movement of people around the world has been witnessed who are advocating for change, justice, equality, accountability of the powerful and respect for human rights. In such movement, the internet and social media has often played a key role by enabling people to connect and exchange  information  instantly  and  by creating a sense of solidarity. Emphasising the importance of internet, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in his Report, which was submitted to the Human Rights Council, stated that the internet has become a key means by which individuals can exercise their right to freedom and expression and hence, internet access is a human right. Report further stressed that States should ensure that internet access is maintained at all times, even during times of political unrest. Describing new media as a global network to exchange ideas and opinions that does not necessarily rely on the traditional mass media, the Committee stated that the States should take all necessary steps to foster the independence of these new media and also ensure access to them. Moreover, Article 19 of the Universal Declaration of Human Right and Article 19(2) of the International Covenant on Civil and Political Right also provides for freedom of speech and expression even in case of internet and social  media. Thus, it is seen that freedom of speech and expression is recognized as a fundamental right in whatever medium it is exercised under the Constitution of India and other  international documents. RESTRICTIONS ON FREEDOM OF SPEECH AND EXPRESSION The freedom of speech and expression does not confer on the citizens the right to speak or  publish  without  responsibility. It  is  not  an  upbraided  license  giving  immu nity  for  every possible use  of language and  prevents punishment  for those  who abuse  this freedom. Article19 (3) of the International Covenant on Civil and Political Right imposes restrictions on the following grounds: (a)For respect of the rights of reputations of others (b) For protection of national security, or public order, or public health or morals. As per Article 19(2) of the Constitution of India, the legislature may enact laws to impose restrictions on the right to speech and expression on the following grounds: (a) Sovereignty and integrity of India Security of the State (c) Friendly relations with foreign States (d) Public order (e) Decency or morality (f) Contempt of court (g) Defamation (h)   Incitement to an offence CYBER LAWS OF INDIA AND SOCIAL MEDIA Although there is no specific legislation in India which deals with social media, there are several provisions in the existing so-called cyber laws which can be used to seek redress in case of violation of any rights in the cyber space, internet and social media. The legislations and the relevant provisions are specifically enumerated as under: The Information Technology Act, 2000 (a) Under Chapter XI of the Act, Sections 65, 66, 66A, 6C, 66D, 66E, 66F, 67, 67A and67B contain punishments for computer related offences which can also be committed through social media viz. tampering with computer source code, committing computer  related offences given under Section 43, sending offensive messages through communication services, identity theft, cheating by personation using computer  resource, violation of privacy, cyber terrorism, publishing or transmitting obscene material in electronic form,material containing sexually explicit act in electronic form, material depicting children in sexually explicit act in electronic form, respectively. Section 66A of the Information Technology Act, 2000 Of all these provisions, Section 66A has been in news in recent times, albeit for all the wrong reasons. Section 66 A of Information Technology Act 2000 which provide for the punishment for sending offensive messages through communicatio n service provide three years punishment and fine or both for sending message of grossly offensive or menacing character. For example: Fake profile of president by imposter, fake profile had been made by imposter in the name of formal President Hon’ble Pratibha Devi Patil, on social networking website, Facebook . In another case of Bomb Hoax mail case, A 15 year-old teenage of Bangalore in 2009 was arrested by the cyber-crime investigation cell (CCIC) for allegedly sending a hoax e-mail to a private news channel. 66A. Punishment for sending offensive messages through communication service, etc. Any person who sends, by means of a computer resource or a communication device,— (a) any information that is grossly offensive or has menacing character; or (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device, shall be punishable with imprisonment for a term which may extend to three years and with fine  shall be punishable with imprisonment for a term which may extend to three years and with fine. Section 66A which punishes persons for sending offensive messages is overly broad, and curbs freedom of speech and expression and violates Articles 14, 19 and 21 of the Constitution. Justice Bhagwati in Maneka Gandhi case3 said that a law should be just, fair and reasonable. Formal Chief Justice Altamas Kabir and Justice J. Chelameswar, noted that the wording of Section66A is not satisfactory. It is made very wide and can apply to all kinds of comments. The fact that some information is grossly offensive (s. 66A(a)) or that it causes annoyance or inconvenience while being known to be false (s. 66A(c)) cannot be a reason for curbing the freedom of speech unless it is directly related to decency or morality, public order, or defamation (or any of the four other grounds listed in Art. 19(2)). There is no clear explanation of those words in this section. The expressions used in the Section are â€Å"vague† and â€Å"ambiguous† and that 66A is subject to â€Å"wanton abuse† in view of the subjective powers conferred on the police to interpret the law. It give excess power to administration for example: On February 6, 2013, Sanjay Chaudhary was arrested under section 66A of the Information Technology (IT) Act for posting ‘objectionable comments and caricatures’ of Prime Minister Manmohan Singh, Union Minister Kapil Sibal and Samajwadi Party president Mulayam Singh Yadav on his Facebook wall. However, the incident that rocked the nation was the arrest last November of two young women, Shaheen Dadha and her friend Renu Srinivasan, for a comment posted on Facebook that questioned the shutdown of Mumbai following the demise of Shiv Sena Supremo Bal Thackeray. Looking at the construction of that word of Sec 66(A), it unintentionally prevent organisations from using proxy servers. Furthermore, it may also prevent remailers, tunneling, and other forms of ensuring anonymity online. This doesnt seem to be what is intended by the legislature. According to Government of India, section 66A, introduced in the 2009 amendments to the IT Act, has been taken from Section 127 of the U. K. Communications Act, 2003 it has already read down by HOUSE OF LORDS on the grounds that Parliament of U. K. could not have intended to criminalise statements that one person may reasonably find to be polite and acceptable and another may decide to be ‘grossly offensive and regard that section as U. K. ’s worst provisions MEANING OF TERM â€Å"GROSSLY OFFENSIVE† In Director of Public Prosecutions v. Collins4 case before House Of Lords, arising out of racist references in messages left by a constituent on the answering machine of a British MP, the House of Lords laid down a seminal test for determining whether a message is ‘grossly offensive. ’ Justices must apply the standards of an open and just multi-racial society, and that the words must be judged taking account of their context and all relevant circumstances. † The House of Lords added that â€Å"there can be no yardstick of gross offensiveness otherwise than by the application of reasonably enlightened, but not perfectionist, contemporary standards to the particular  message sent in its particular context. † Most importantly, the House of Lords held that whether a message was grossly offensive did not depend merely on the degree of offence taken by the complainant but on whether it violates the basic standards of an open and just multi-racial society. DIFFERENCE BETWEEN SEC. 127 OF U. K. COMMUNICATION ACT, 2003 AND SEC. 66A OF I T ACT Section 66A (a) refers to the sending of any information through a communication service that is ‘grossly offensive’ or has ‘menacing character’. In the U. K., Section 127(1)(a) makes the sending of ‘matter that is grossly offensive or of an indecent, obscene or menacing character’ an offence. The punishment for the offence in Section 127(1) is a maximum of six months’ imprisonment or a fine of ? 5,000 while Section 66A imposes a much more serious punishment of imprisonment up to three years and a fine without limit. Therefore, Section 66A(b) of the IT Act is not the same as Section 127(1)(b) of the U. K . Communications Act, 2003 in terms of scope of the offence or the punishment. PUNISHMENT – ARTICLE 14 21 OF INDIAN CONSTITUTION Punishment under this act appeared to be violative of Article 21 (right to life) and Article 14 (non-discrimination/equality). This law is not consistent with the notions of fairness while it imposes an equal punishment for different intensive offence. Section is unreasonable and arbitrary in nature. Punishment for this purposes disparate belonged together in a single clause is quite astounding and without parallel (except in the rest of the IT Act). Thats akin to having a single provision providing equal punishment for calling someone a moron (insult) and threatening to kill someone (criminal intimidation). There is no countervailing interest in criminalizing false and persistent insults, etc. , that will allow those parts of this provision to survive the test of reasonableness under Art. 19(2). Constitution of India is much stronger than that of the unwritten constitution of United Kingdom. In India, Judiciary has the power of judicial review, whereas in United Kingdom parliament is consider supreme. Putting those two aspects together, a law that is valid in the United Kingdom might well be unconstitutional in India for failing to fall within the eight octagonal walls of the reasonable restrictions allowed under Art. 19(2). That raises the question of how they deal with such broad wording in the UK. SECTION 66A – ARTICLE 19 OF INDIAN CONSTITUTION Section 66A of IT act violates Art. 19 of Indian constitution. This section is against the fundamental right to speech and expression. Right under Art. 19 is not absolute right. Art. According to the government, section 66A is the reasonable restriction that is imposed on freedom of speech and expression but Under Article 19(2), restrictions on freedom of speech and expression are reasonable if they pertain to any of the listed grounds, such as sovereignty and integrity of India, etc. But under Section 66A, restrictions have been placed on freedom of speech and expression on several other grounds, apart from those mentioned in the Constitution. Therefore it is violates Art. The current equivalent laws in USA is US Federal Anti-Cyber-Stalking law, this law prohibit harassment or stalking legislation. This act awards punishment up to one year or fine of up to $ 1000. In Australia, the Stalking Amendment Act (1999) was introduce to include the use of any form of technology to harass a target as forms of criminal stalking. In Poland Stalking, there is Polish Criminal Code 2011 which including cyber stalking as a criminal offence, this act awards six month punishment SOCIAL MEDIA – JUDICIARY Improved communications technology and social media, such as Twitter, Google + and Facebook, are changing the face of journalism. Media like affecting all the institutions of the Government also affect the Judiciary. It completely overlooks the vital gap between an accused and a convict keeping at stake the golden principles of ‘presumption of innocence until proven guilty’ and ‘guilt beyond reasonable doubt’. Media itself does a separate investigation, builds a public opinion against the accused even before the court takes cognizance of the case. By this way, it prejudices the public and sometimes even judges and as a result the accused, that should be assumed innocent, is presumed as a criminal leaving all his rights and liberty unredressed. Results in characterizing him as a person who had indeed committed the crime, it amounts to undue interference with the â€Å"administration of justice†, calling for proceedings for contempt of court against the media. Other than this, Twitter, Facebook, and other forms of social media are causing difficulties for judges who are trying to administer fair trials. For example, what rules should there be, if any, on whether judges tweet during a case? Should courts be able to monitor the social-networking contacts of attorneys during a trial, and what about witnesses or even parties? Should there be limits on all use or just limits on what is said? The questions seem endless, and the answers certainly are not easy. Should judges or their campaigns be able to use Facebook and have â€Å"friends† that may be potential parties before the court or attorneys appearing in court? Is it appropriate for judges to have a personal Facebook page separate from a professional one, or is that activity unbecoming the judiciary?. Right now there is a patchwork of rulings on these issues but, for the most part, no definitive rules exist. If there are no rules, it can become a treacherous terrain for media-savvy judges to navigate. Some of the people are totally against the blog of judges but some other advocate that and see it as a way to educate the public about the court function. CONCLUSION It is clearly evident that social media is a very powerful means of exercising one’s freedom of speech and expression. However, it is also been increasingly used for illegal acts which has given force to the Government’s attempts at censoring social media. Where on the one hand, the misuse of social media entails the need for legal censorship, on the other hand, there are legitimate fears of violation of civil rights of people as an inevitable consequence of censorship. What is therefore desirable is regulation of social media, not its censorship. However, the present cyber laws of India are neither appropriate nor adequate in this respect. An analysis of the existing IT laws shows that there is unaccountable and immense power in the hands of the Government while dealing with security in the cyber space. Even then, it is not sufficient to check the misuse of social media. Section 66A certainly does not engage in the delicate balancing required to pursue the legitimate objective of preventing criminal intimidation and danger through social media without going no further than required in a democratic society to achieve that end. The drafters of Section 66A(b) have equated known criminal offences in the real world with acts such as causing annoyance and inconvenience that can never constitute an offence in the real world and should not be offences in the virtual world. Therefore, the legislative restrictions on freedom of speech in Section 66A (b) cannot be considered as being necessary to achieve a legitimate objective. Section 66A should not be considered a ‘reasonable restriction’ within the meaning of Article 19 of the Constitution and must be struck down as an unconstitutional restriction on freedom of speech. If political speech, that is, criticism of politicians and exposure of corruption continues to be punished by arrest instead of being protected, Indias precious democracy and free society will be no more. Hence, a specific legislation is desirable to regulate social media. However, there are many practical difficulties which may arise while doing so. There is a very thin line which demarcates the enjoyment of one’s right and the violation of the enjoyment of else’s right in the process. In social media, the exercise of freedom of speech and expression by one may result in the invasion of privacy and defamation. The provision should be made in accordance with the reasonable restriction provided under article 19(2) of Indian Constitution. While persistent false communications for the purpose of annoying, insulting, inconveniencing, or causing ill will should not be criminalized (if need be, having it as a civil offence would more than suffice), doing so for the purpose of causing danger or criminal intimidation should. A provision is needed to penalise hoax bomb threats, then the provision clearly should not be mentioning words like annoyance, and should not be made persistent. The act should define the punishment according to the malic intension of the offender, less punishment should be awarded for less intensity of offence. Media should not be allowed to call a person as an accused before a court of law held that person as an accused. A blog or a Facebook account should be made in the name of Courts, to provide information on legal issue.

Summary of Robinson Crusoe by Daniel Defoe †Literature Essay

Summary of Robinson Crusoe by Daniel Defoe – Literature Essay Free Online Research Papers Summary of Robinson Crusoe by Daniel Defoe Literature Essay â€Å"Robinson Crusoe is certainly the first novel in the sense that it is the first fictional narrative in which the ordinary person’s activities are the centre of continuous literary attention.† Before that, in the early eighteenth century, authors like Pope, Swift, Addison and Steele looked back to the Rome of Caesar Augustus (27 BC – 14 AD) as a golden age. That period is called the Augustan age. Literature was very different since it focused on mythology and epic heroes. However, to what extent can Robinson Crusoe be called the â€Å"first novel† and how is it different from all that have been done so far? Besides, what are the evolutions in the novel genre leading to Victorian novels, like Pride and Prejudice published almost one hundred years later (1813) in terms of style, themes and concerns? Augustan writers, before Daniel Defoe, were very protective of the status quo and their novels were philosophical and religious, based on a myth of the eternal fitness of things. By contrast, Defoe stood for revolutionary change, economic individualism, social mobility, trade, and freedom of consciousness. For Swift, Defoe was â€Å"the fellow that was pilloried, I have forgotten his name.† He represented at once a social literary and intellectual challenge to the Augustan world, and the Augustans reacted to him accordingly. In Robinson Crusoe, Defoe deals with major points of Western civilisation like trade, mercantile capitalism since at that time, a great attempt was made to dominate other continents, spread culture, beliefs, like for example, when Robinson tries to convert Friday into Christianity, as he considers him a savage. In the eighteenth century, British economically depended on slave trade, which was abolished on the early 1800s. Therefore, Daniel Defoe was familiar with this practise, even though he did not actively criticise it. There is consequently no surprise that, Robinson treats Friday as his slave. However, Crusoe is able to recognise Friday’s humanity, though he does not see his slavery as a contradiction. Robinson Crusoe was written in a context of a European colonialism well established around the globe. Next, material wealth is a sign of prestige and power in Robinson’s mind. For instance, he often lists his belongings, like the amount of land ploughed, his provisions, and he stores the coins found on various wrecks. On top of that, he calls his â€Å"base,† his â€Å"castle† and eventually considers himself as a â€Å"King.† Therefore, material power is an important element as well as religion and faith in the novel. Robinson rejects his father’s advice and religious teachings at the beginning of the novel, in order to travel and have some adventure and wealth. Although, his shipwreck can be considered as a moral punishment and his disobedience as a sin, the protagonist did accumulate wealth and did survive at the end of the novel. Thus, the fact that he was punished can be argued and discussed. Robinson’s opinion about religion is very clear. He is a puritan and tries to spread his convictions on the island to convert into Christianity Friday, who is very rational. The hero simply refuses Friday’s own beliefs, thinking that his religion is the best one. This thought may be due to the fact that British people believed that they had a right and a duty to transmit their knowledge, culture and religion. By contrast, Pride and Prejudice was written a century later, and therefore, the worries were no longer the same. In Jane Austen’s novel, there is a complete shift to everyday life and society’s concerns. The writer reveals the ethical basis of everyday life, and shows how â€Å"the ordinary occurrences of the world, no less than great actions, were centred on moral conventions, moral judgement and moral choice† so that, living in such a society required a constant will and intellect to control the self and understand others. Differently from Daniel Defoe, her main concern is her emotional centre, not Robinson’s economic adventure. The shifts of interests are mainly caused by a change in society and a transformation in people’s minds. In Austen’s times, the most important thing is not the individual in itself but far more, the individual living in a society strongly hierarchical, and based on a strong and deeply rooted system of class. That difference can be pointed by the two openings of Pride and Prejudice on the one hand, and Robinson Crusoe on the other hand. â€Å"It is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife. However little known the feelings or views of such a man may be on his first entering a neighbourhood, this truth is so well fixed in the minds of the surrounding families, that he is considered as the rightful property of some one or other of their daughters. [†¦]† â€Å"I was born in the year 1632, in the city of York, of a good family, though not of that country, my father being a foreigner of Bremen who settled first at Hull. [†¦]† The choice of words clearly shows that the two books are about to tackle different perspectives: the individual in Robinson Crusoe and the relation of the individual and the society in Jane Austen’s Pride and Prejudice. To carry on with Pride and Prejudice, marriage and money were two recurrent themes in Victorian people’s minds, as shown with Mrs Bennet, who in the very first chapter claims, â€Å"the business of her life was to get her daughters married.† In Austen’s plot, the Bennet daughters are in real danger if they do not marry and find a house since the obsequious Mr Collins will inherit the house after Mr Bennet’s death. Therefore, marriage is the only exit for the Bennet daughters. Money is seen as a potential progress in the Victorian society, likewise in Robinson Crusoe where trade may be perceived as a benefit for a society in expansion. Nonetheless, we have just seen that both novels deal with the question of individual. Robinson Crusoe is clearly based on the individual and his accomplishment. The protagonist is stranded on an island, and has to survive and live decently entirely on his own resources. This stress on individual is in keeping with humanism, an important feature in the early eighteenth century. â€Å"There exists an immutable human essence, usually known as ‘human nature’ which is historically invariable, and our understanding of it embodied in Western literature.† Human nature is held to process great potential for dignity and mobility. In Defoe’s Robinson Crusoe, just a few characters really appear in the plot. We can quote Robinson Crusoe, Friday, the English captain, the Portuguese Captain who rescued Crusoe when he escaped from Sallee, the Widow†¦ There are obviously less characters than in Pride and Prejudice. Defoe also highlights individuals’ emotions su ch as fear, anger, despair, hope and relief. However, Robinson only values Friday as a devotedly and reliable servant, and does not consider him a friend. There is no room for love, since there are no female characters involved in the plot. We are portrayed a masculine world where women have nothing to do in it. On the contrary, Austen was interested in individual’s problems and especially in women’s concerns illustrated by interactions with others and mainly through the two protagonists: Elizabeth Bennet and Darcy Fitzwilliam. As the title of the novel suggests, the intrigue is structured around both concepts of â€Å"pride† and â€Å"prejudice.† Elizabeth has to overcome her prejudice against Darcy to really appreciate his own personality and clearly see through him, beyond appearances and others’ opinions like her mother’s. On the other hand, Darcy has to forget Elizabeth’s social rank and the fact that she has no â€Å"connection † in order to really value her. In that way, these two characters are like â€Å"round† characters since they evolve and progress learning by their defects and by recognising they were wrong. Besides, Jane Austen does not hesitate to criticise the society and the system of class in which she lives, mocking at Mr Collins and his way he addresses people. He uses a very convoluted speech, completely inappropriate to the situation, like for example his proposal to Elisabeth: â€Å"My reasons for marrying are, first, that I think it a right thing for every clergyman in easy circumstances (like myself) to se the example of matrimony in his parish. Secondly, that I am convinced it will add very greatly to my happiness; and thirdly – which perhaps I ought to have mentioned earlier, that it is the particular advice and recommendation of the very noble lady whom I have the honour of calling patroness. [†¦]† In that proposal, Mr Collins has no feeling at all towards Elisabeth, and his speech is much more calculated we could expect. It is like a mathematical demonstration stressed by the style because, as Jane Austen says in chapter 15, â€Å"Mr Collins was not a sensible man, and the deficiency of nature had been but little assisted by education or society.† Thus, style is crucial in a novel to picture characters’ behaviours. Nonetheless, both books’ writing is radically different. First, regarding the narrator point of view, Robinson Crusoe is written in the first person singular. As a consequence, we constantly have Robinson’s point of view and opinion about the events happening. We have to wonder whether the protagonist, through which the story is described, may be reliable or not, and if we can trust him. If we had Friday’s point of view instead, it is clear that we would have a complete different opinion about Robinson. By contrast, in Jane Austen’s Pride and Prejudice, an omniscient narrator knowing absolutely everything tells the story. Consequently, the writer can arouse some dramatic irony creating gaps between what the reader knows and what the characters know, like for example, the fact that we know that Darcy loves secretly Elisabeth, whereas the heroin does not know that. Jane Austen contro ls the plot and sometimes intervenes to question the reader, and criticise some controversial points. The best example is the first sentence opening the novel which remains famous: â€Å"it is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife.† (p.1) She clearly criticises the way that society works sparkling off some irony in that sentence, because society works the other way round. Nevertheless, in a single sentence, she already tackles with issues like money and marriage. Secondly, the third person narrative voice enables Jane Austen to put into practise her showing-telling technique. She describes the characters (telling) by, simply letting them speak, their personality being rendered by their way of speaking (showing). The most relevant example is Mrs Bennet’s behaviour. She is described as a complete â€Å"foolish† person, gossiping and only interested in marrying her daughters. For instance on the first page, Mr Bennet has a talk with his wife: My dear Mr. Bennet, said his lady to him one day, have you heard that Netherfield Park is let at last? Mr. Bennet replied that he had not. But it is, returned she; for Mrs. Long has just been here, and she told me all about it. Mr. Bennet made no answer. Do not you want to know who has taken it? cried his wife impatiently. You want to tell me, and I have no objection to hearing it. This was invitation enough. Why, my dear, you must know, Mrs. Long says that Netherfield is taken by a young man of large fortune from the north of England; that he came down on Monday in a chaise and four to see the place, and was so much delighted with it that he agreed with Mr. Morris immediately; that he is to take possession before Michaelmas, and some of his servants are to be in the house by the end of next week. Moreover, â€Å"for rapid effects and subtle shifts of emphasis, Austen’s language half assumes the mode of thought and expression of her characters, so that their consciousness are seen, filtered through the central authorial intelligence, and more can be understood from the authorial tone-of-voice than from straight forward report.† Furthermore, using the third person voice, Jane Austen keeps us much in the dark about Darcy’s character so that during our first reading, we are also misled by his behaviour, as Elizabeth is herself, pushing us to believe that he is very proud and haughty. Austen does that by â€Å"screening most of our impressions through Elizabeth in order to bring off the chief dramatic effect of the story,† overwhelming surprise at his first proposal. Last but not least, there was a clear-cut evolution between the two novels in the construction of the plot itself. Pride and Prejudice’s story is far more complicated, since the events are intermingled and are caused by others or are the consequences leading to other upheavals. Nevertheless, at the end, everything is solved, and every plot has an answer: Elizabeth marrying Darcy, Lydia marrying Mr Bingley, and Charlotte Lucas living with Mr Collins without loving him. Contrasting this causality, we can say that Robinson Crusoe looks like an epistolary story. During a couple of pages, Robinson even carries on telling his adventures through a diary, in the chapter â€Å"The Journal.† That technique could have been influenced by the fact that Daniel Defoe was also a journalist. Concisely, Defoe’s plot is simpler with only one main plot arousing the reader’s imagination more than possible burning issues. To conclude, Robinson Crusoe is a novel in itself, since it includes all the characteristics: characters, plot, and narrative voice. However, the concerns and the themes in 1719 were not the same as in 1813 because Daniel Defoe and Jane Austen did not live in the same world and society at all. On the other hand, Austen perfected the techniques of dramatic-presentation, socially analysed language, which were necessary to tackle the dilemma of individual moral choice and the relation between individuals and society in the bourgeois world. Later, in 1871, George Eliot’s Middlemarch appeared. This novel concerns issues of rank, reputation and marriage and it observes in a realistic way the characters, and the entire community from nobility to tradesmen. Realism was a key concept, very important since Austen’s times, and this was a deed which will go down in literature’s history. BIBLIOGRAPHY 1. Corpus Austen, J. Pride and Prejudice. 1813. London: Heron Books, 1968. Defoe, D. Robinson Crusoe. 1719. London: Penguin Popular Classics, 1994. 2. Secondary Texts Babb, H.S. Jane Austen’s Novels: The Fabric of Dialogue. London: Archon Books, 1967. Skilton, D. The English novel: Defoe to the Victorians. Newton Abbot: David and Charles, 1977. 3. Further Reading David, D. ed. The Cambridge Companion to the Victorian Novel. Cambridge: Cambridge University Press, 2001. Loveridge, M. A history of Augustan fable. Cambridge: Cambridge University Press, 1998. Secord, A.W. Studies in the Narrative Method of Defoe. New York: Russell and Russell, 1963: 9-108. Sherbo, A. Studies in the Eighteenth Century English Novel. Michigan: Michigan State UP, 1969: ch.10. Skinner, J. An Introduction to Eighteenth-Century Fiction. Basingstoke: Palgrave, 2001. Spaas, L. Robinson Crusoe: Myths and Metamorphoses. Basingstoke: Macmillan, 1996. Research Papers on Summary of Robinson Crusoe by Daniel Defoe - Literature EssayComparison: Letter from Birmingham and CritoCanaanite Influence on the Early Israelite ReligionAssess the importance of Nationalism 1815-1850 EuropeAnalysis Of A Cosmetics AdvertisementBook Review on The Autobiography of Malcolm XThe Masque of the Red Death Room meaningsQuebec and CanadaBringing Democracy to AfricaHarry Potter and the Deathly Hallows Essay19 Century Society: A Deeply Divided Era

Seismic Base Isolation Technology From Okumura Corporation Research Proposal

Seismic Base Isolation Technology From Okumura Corporation - Research Proposal Example Construction companies are required to meet building specifications by authorities to ensure safety in times of seismic activity. This threat to business may be transformed into an opportunity to achieve and maintain market leadership by Platinum Builders Inc.  through importation of the best technology against seismic activity; base isolation devices, from Okumura Corporation in Japan. The challenges that exist in international trade especially in terms of communication and legal considerations are all surmountable. Base isolation devices from Okumura Corporation are of high quality and meet the accreditation standards in Japan hence they are safe for import. They assure safety, low insurance charges and continuity in businesses and livelihoods; qualities that a construction company should aim to be associated with. It is recommended therefore that Platinum Builders Inc. seizes this opportunity to develop into an industry leader in construction. Introduction Leading companies strategically position themselves to achieve and maintain market leadership through SWOT analyses. Spotting opportunities for growth in the environment is an important aspect of business strategy especially in the construction industry where differentiation and overall cost leadership may be difficult to achieve in the bid to generate and maintain the competitive advantage. Platinum Builders Inc. may, however, find that an analysis of its threats presents an opportunity for growth when an international perspective is drawn into consideration. Background: Platinum Builders Inc. and the California Constructions Industry Outlook The outlook of the building  construction industry in California tends to incline towards considerations of seismic activity in the construction of structures. This is understandable considering the fact that the State of California lies in a region that is earthquake prone.