Mgt Group Case Study Report

Case Study Report Dunkin Donuts : Betting Dollars on Donuts ————————————————- Submitted By ————————————————- Group Members: ————————————————- Acknowledgement Firstly, we thank almighty Allah for successful completion of the project. We are really grateful to course instructor Professor Abdur Rab, Faculty of BBA Program, North South University for all kinds of informative information and valuable advice. We are also very grateful to the group members who helped in preparing this project.Executive Summary Dunkin' Donuts is a business in food retail. They are the world's largest coffee and baked goods chain. Dunkin’ Donuts have been in business since 1950 and have been franchising since 1955. This franchise serves more than 2 million customers a day. Dunkin' Donuts sells  52 varieties of donuts and more than a dozen coffee beverages as well as bagels, breakfast sandwiches and other baked goods. It is important to look at consumer usage and future trends before entering into the market. Dunkin Donuts is part of the snack shop market.The snack shop market had almost 10 billion is sales worldwide in 2003 alone. Snack shops have an advantage because they are popular among all consumer groups. Dunkin’ Donuts has retained a consistent database of customers, while also gaining additional consumers through the progression of time and emergence of newer markets. The report discusses task environment that Dunkin’ Donut operates in. It describes the competitive environment and its customer base. The company follows different competition strategies and has goals to achieve through them.We also discuss the external environme nt of the company which includes the socio-cultural environment and the global environment. The environmental effects of Dunkin’ Donuts is also discussed. We describe the degree of change and complexity and the effects of competitive rivalry. Lastly, we analyze the Porter’s Five Forces in terms of the industry Dunkin’ Donuts operates in. Table of Contents ————————————————- Contents Page Number ) History 6 2) Dunkin’ Donuts, At-A-Glance 6 3) Mission Statement 7 4) Product 7 5) Coffee Leadership 8 6) Strategic Growth 9 7) Culinary Excellence 10 8) Dunkin’ Donut (DD) SMART 11 9) Task Environment 13 10) Consumers 14 11) General Environment 14 12) Environmental Effects 15 13) Competitive Rivalry 16 HistoryDunkin’ Donuts was begun in 1050 by William Rosenberg with a single shop in Quincy, Massachusetts. In 1946, he founded Industr ial Luncheon Services, a company that delivered meals and snacks to workers in the Boston area. The success of Industrial Lucheon Services convinced Rosenberg to start the Open Kettle, a doughnut shop in Quincy, Massachusetts. Two years later Open Kettle changed its name to Dunkin’ Donuts. He began franchising additional outlets in 1955, and by 1979 there were a thousand Dunkin; Donuts outlets in the Northeast. Through a series of transactions in the 1980s and 1990s, Dunkin’ Donuts became the quick service restaurant operation of the British firm, Allied Domecq PLC.In 2002, as Allied Domecq looked for growth opportunities, it’s Dunkin; Donuts (DD) business was described as a â€Å"sleeping giant† as much for its fiercely loyal clientele as its $2. 8 billion in sales and more than 3,800 U. S outlets. Dunkin’ Donuts, At-A-Glance ? Dunkin‘ Donuts is owned by Dunkin' Brands Group, Inc. (NASDAQ: DNKN), one of the world's leading franchisors of qui ck service restaurants. Dunkin‘ Brands is the parent company of both Dunkin‘ Donuts and Baskin-Robbins. ? Dunkin' Brands Group, Inc. is headquartered in Canton, Massachusetts. ? At the end of 2011, Dunkin‘ Brands Group, Inc. had franchisee-reported sales of approximately $8. billion. ? Dunkin‘ Brands, the parent company of Dunkin‘ Donuts and Baskin-Robbins is one of the largest QSR (Quick Service Restaurant) companies in the world with nearly 7,000 retail shops in nearly 60 countries worldwide. ? Dunkin‘ Brands Group, Inc. has a nearly 100 percent franchised model. ? There are more than 10,000 Dunkin’ Donuts restaurants in 32 countries. Mission Statement â€Å"Dunkin’ Donuts will strive to be the dominant retailer of high quality donuts, bakery products and beverages in each metropolitan market in which we choose to compete. † Products Dunkin Donut serves the following items : 1) Donuts 2) Fritters 3) Crullers 4) Biscuits ) Mu nchkins 6) Bagels 7) Muffins 8) Danish pastry 9) Cookies 10) Brownies 11) Bagel Twists 12) Breakfast sandwiches 13) Hash browns 14) Oven toasted items 15) Coffee beverages 16) Bulk Coffee 17) Espresso, Cappuccino, and Lattes 18) Iced Coffee 19) Iced Lattes 20) Latte Lite Espresso 21) Turbo Coffee Leadership Dunkin‘ Donuts‘ coffee heritage goes back more than 60 years – something no other leading restaurant brand can match. ? Dunkin‘ Donuts sells more than 1. 5 billion cups of hot and iced coffee globally every year. ? According to the NPD Group / CREST, Dunkin‘ Donuts serves the hottest traditional and iced coffee in America. In the highly competitive U. S. coffee market, Dunkin‘ Donuts is distinguished for brewing a superior guest experience. For six years running, Dunkin' Donuts has been recognized by the Brand Keys Customer Loyalty Engagement Index as number one in customer loyalty in the coffee category. ? Dunkin‘ Donuts coffee is fresh ly ground, freshly brewed and freshly served. If not used within 18 minutes, Dunkin‘ Donuts coffee is discarded and a new carafe is freshly brewed. ? Like creating a fine wine, there are countless step involved in producing coffee, and Dunkin‘ Donuts coffee experts travel around the globe to ensure consistent quality at each turn.Dunkin' Donuts uses 100 percent Arabica coffee beans and has its own coffee specifications, which are recognized by the industry as a superior grade of coffee. Based on Dunkin' Donuts Quality (DDQ) specifications, coffee is milled and processed specifically for the company. ? Dunkin‘ Donuts Dunkin‘ Donuts is the #1 retailer of freshly-brewed iced coffee. Each Dunkin‘ Donuts restaurant double brews the coffee before pouring it into cooling units to make sure its iced coffee is always full of flavor and never watered down. ? Dunkin' Donuts' lattes and cappuccinos are authentic – made with only Fair Trade Certifiedâ„ ¢ c offee beans blended for espresso and fresh milk – and available in regular or decaffeinated, hot or iced. The beans are ground and the milk is steamed for each individual serving.Dunkin' Donuts was the first national brand to sell espresso beverages that are made exclusively with Fair Trade Certified coffee. ? Dunkin‘ Donuts now offers Dunkin‘ Donuts K-Cup portion packs, making ? America‘s Favorite Coffee? available for use with the Keurig Single-Cup Brewing system. Sold exclusively at participating Dunkin‘ Donuts restaurants in the United States, Dunkin‘ K-Cup portion packs are offered in five popular flavors, including Original Blend, Dunkin‘ Decaf, French Vanilla, Hazelnut and Dunkin‘ Dark Roast. ? Dunkin‘ Donuts‘ coffee excellence team features two of the world‘s foremost experts on coffee, Jim Cleaves and Ellen Rogers.Both are dedicated to finding the world‘s best coffee and brewing the perfect cup. Jim is a licensed Q Grader, having passed the world‘s most rigorous coffee evaluations skills testing program, while Ellen is an International Coffee Expert in coffee tasting and analysis and a Coffee Quality Institute Board Trustee. They each travel regularly throughout the world, tasting as many as 600 cups of coffee each day in order to choose the highest quality coffee beans for Dunkin‘ Donuts. Strategic Growth From the beginnings as a single restaurant in Quincy, Massachusetts, Dunkin‘ Donuts is now a global brand with more than 10,000 locations in 32 countries.The growth is testimony to the fact that people everywhere appreciate what Dunkin‘ Donuts offers: high quality food and beverages served all day in a friendly, fast environment at a great value. In the United States, Dunkin‘ Donuts has maintained steady, strategic and disciplined growth, opening new restaurants in our core markets in the Northeast and in cities all throughout MidAtlantic, Southern and Midwestern states. We now have more than 7,000 restaurants in 36 states and the District of Columbia. From Boston to Buffalo, New York to New Orleans, Philadelphia to Florida, Chicago to Charlotte, Dunkin‘ Donuts is an important part of daily life for millions of Americans.And while Dunkin‘ Donuts has nationwide brand recognition, we believe we have significant opportunity to expand our number of restaurants in the United States as well as around the world. We believe we can double our footprint in the U. S. to 15,000 Dunkin‘ Donuts restaurants over the next 20 years. And it‘s not just America running on Dunkin‘ – Dunkin‘ Donuts has a strong presence internationally, with more than 3,000 Dunkin' Donuts locations in 31 international countries across four continents. The company maintains steady global expansion, opening new restaurants in Europe, Asia, the Middle East, and Latin and South America. Asia-Pacific is a particularly exciting area for growth.Dunkin‘ Donuts has already opened more than 88 locations in Greater China since launching there in 2007, and has nearly 900 shops in South Korea. In 2010, the brand re-entered Russia with new restaurants in Moscow, and in 2011 we announced plans to open 500 Dunkin‘ Donuts restaurants in India. In 2012, the first Dunkin‘ Donuts restaurants were opened in India and Guatemala. Culinary Excellence Dunkin‘ Donuts is committed to providing guests with the best-tasting, high-quality food and beverages. To meet that commitment, we assembled a culinary dream team of acclaimed chefs to create new and innovative menu choices to meet the evolving needs of Dunkin‘ Donuts‘ busy, on-the-go customers, raising expectations about what is possible in a quick service meal.As people find themselves busier than ever, and are snacking more frequently throughout the day, Dunkin‘ Donuts‘ culinary team is meeting guests‘ changing eating h abits and expectations for fast, satisfying menu items that can be enjoyed any time of day. In addition to the brand‘s famous coffees, lattes, donuts, bagels and muffins, Dunkin‘ Donuts has delicious breakfast sandwiches — available all day — with several choices featuring breakfast favorites such as smoked cherry wood bacon, egg whites, freshly baked croissants and toasted English muffins. Dunkin‘ Donuts has also introduced new oven-toasted bakery sandwiches, in several varieties including Texas Toast Grilled Cheese, Chicken Salad and Tuna Salad. Dunkin‘ Donuts also continues to offer a full lineup of innovative snacks and beverages, including Bagel Twists, Coolatta slush drinks, hash browns, cookies and more.Dunkin‘ Donuts‘ culinary team also directed the introduction of the brand‘s DDSMART line of better-for-you menu items. DDSMART includes many delicious food and beverages with fewer than 300 calories, such as Egg White Fla tbread Sandwiches and Wake-up Wraps, coffee and espresso beverages, teas and a Coolatta with skim milk. Dunkin‘ Donuts‘ team of skilled culinarians is led by Executive Chef and Vice President of Product Innovation Stan Frankenthaler. Frankenthaler is a three-time James Beard Award nominee and author of The New York Times best-seller, The Occidental Tourist. Before joining Dunkin‘ Brands, he was owner and chef of Salamander restaurant in Boston, named by Zagat‘s as one of the city‘s â€Å"Top Ten Restaurants. Dunkin‘ Donuts‘ culinary team also includes Executive Pastry Chef Christopher Boos, who represented the United States in the Coupe du Monde de la Patisserie (the World Pastry Cup), and Sous Chef Phillip Kafka, former commis chef at Harrods in London. Dunkin‘ Donuts‘ team also features two of the world‘s foremost experts on coffee, Jim Cleaves and Ellen Rogers. Jim is a licensed Q Grader, having passed the world‘s most rigorous coffee evaluations skills testing program, while Ellen is an International Coffee Expert in coffee tasting and analysis and a Coffee Quality Institute Board Trustee. Together, they are responsible for developing and introducing new coffee beverages and blends. Dunkin’ Donut (DD) SMARTEating smart when on the go can be hard. But the DDSMART menu from Dunkin‘ Donuts makes it easy. The selection of ‘better-for-you’ foods and beverages ensures our restaurants offer great-tasting choices that fit your lifestyle and meet your dietary wants and needs. Food and beverages with the DDSMART Logo are reduced in calories, fat, saturated fat, sugar or sodium by at least 25% compared to a base product or other appropriate reference product, and/or contain ingredients that are nutritionally beneficial. Corporate Promise We're committed to offering a wide selection of foods and beverages so you can enjoy what's right for you. Nutritional Advisory BoardThe Dun kin’ Brands Nutrition Advisory Board, comprised of leading experts on nutrition, health and wellness, will assist Dunkin’ Brands’ management with research and perspective to aid in the development and reformulation of products that meet the evolving needs of customers while incorporating current nutritional science. DDSMART (0-5K) Making smart choices about what you eat is one way to stay on track. Another is keeping active. Run your first 5K or train for your next! Task Environment Competitors: Dunkin Donuts mainly competes with high end coffee providers like Starbucks. Starbucks is a major competitor of Dunkin’ Donuts which creates competition in the area of upscale coffee.However DD can still compete in the coffee industry with its simple drip coffees – regular and decaf. Also, having its focus on donuts and other baked goods it also competes with the likes of Krispy Kreme. Competition Strategy In order to remain competitive in the industry Dunk in’ Donuts follows a competition strategy. This is what we depicted: * Expanding Outlets- It is a goal of DD to be as outreaching as possible to its customers. Therefore it does so by expanding its number of outlets throughout America and beyond its borders as well. Dunkin’ Donuts has its densest cluster in the Northeastern region of the country and is now having a growing presence in the rest of the country.Moreover it is also creating a brand image in other countries though opening outlets there. Example countries are Canada, Brazil, Qatar, South Korea, Pakistan and the Philippines. As a part of its strategy the company plans to expand aggressively. It has a goal of expanding to 15000 outlets by the year 2020. This goal is further achievable as the company has a franchise system – this makes the acquisition of capital and operator smoother. It is noteworthy however that the company wants to limit its expansion to not being too omnipresent. It is also partnerin g with large supermarkets to achieve widespread market prominence. This is done to create a store-witihin a store concept.The supermarket has to be large enough to allow DD full expression of its brand. This is important for enhancing overall performance of the strategic allies. * Expanding Products- Dunkin’ Donuts also sees an opportunity of grabbing a new base of customers. The company recognizes the new generation and is trying to come up with products that appeal to their taste. As a result of such, the company has expanded its range of products to several types of hot and cold beverages, baked goods and confectionery items other than donuts and the new breakfast to go menu. Along with that, Dunkin Donut maintains its simple and straight-forward morning snacks. This gives it a competitive edge of distinction against its competitiors.This may enable Dunkin’ Donuts to persist in the competitive industry with newer dimensions. Consumers The type of customers Dunkin Do nuts has also affects its operation nature. Based on its competition strategy it has the following goals to achieve: * The main goal of expanding outlets – Dunkin’ Donuts wants to have greater outreach to its customer through the expansion of more outlets in various parts of the country. The company aims that in future its customers do not have to go far to pick up a box of doughnuts. Moreover, it wants to boost up its brand image to its customers and the best way to do it is to make the brand name more apparent in more regions. Goal of expanding products – Dunkin’ Donuts also tries to cater to the needs of the new generation and its taste appeals. It does so by creating the new range of products, namely the breakfast-to-go menu. General Environment International/Global environment – The brand Dunkin Donuts does not have the chain in America only, but also managed to curve out international niches. It is not only expected markets such as Canada and Brazil but also in some unexpected areas like Qatar, South Korea, Pakistan, Philippines. This has various implications for Dunkin Donuts. For instance: diversifying risk, entry into newer markets, larger customer base and so on.Socio-Culture – Due to the change in people living style, Dunkin tried to help people find their product in the reach of the customer. Dunkin Donuts also caters to the change in demographic characters through their new range of products. Therefore socio-cultural norms and consumer tastes affect it’s the products made by Dunkin’ donuts. Environmental Effects Degree of Change and Complexity: * Degree of Change-This is the extent to which the environment is relatively stable or dynamic. Dunkin’ Donuts has a relatively stable environment. It has a consistent base of consumers. It serves the masses with coffee-the most popular beverage globally. Moreover it has a limited product line. That is, it produces a relatively small number of p roducts.However, the company is likely to be in a dynamic environment as well. As a result of carrying out its plan of expansion, Dunkin’ Donut has undertaken the production of more food items and diversifying its area of production. This introduces dynamic changes to its operation style. Moreover, the company is also aggressively expanding its outlets-which mean that it is extending its capacity of production significantly. * Degree of Homogeneity-It the extent to which the environment is relatively simple or relatively complex. It considers the number of elements in the environment and segmentation. Dunkin’ Donuts operates in a relatively simple environment.It has a consistent base of competitors, and a consistent base of customers. It also has a stable network of suppliers. Hence the number of elements in its task environment is fairly constant and few. It could be argued otherwise that the company operates in a fairly complex environment. With its expansion into di fferent states in America, Dunkin’ Donuts has to operate with a larger base of operators. Other than that, entering international markets also mean that the company has to compete with foreign forces and face foreign governments. Overall, given the industry that Dunkin’ Donuts operates in it is likely to face a low level of uncertainty.This is because it operates in a stable and simple environment. On the contrary, given the probable impact of its expansion plan it faces a moderate level of uncertainty – if consumers do not indulge in the company’s newer items Dunkin’ Donuts is likely to have a ‘diluted brand image’. Risk in Expansion Strategy Franchising Dunkin Donut has devised many strategies to make more turnover out of the business running on a daily basis. One method to expand into diverse business environment is to franchise, something that is easy since Dunkin Donut is already a franchise system making access to operators and c apital easier. Franchising more means expanding to a more diverse business environment.This brings in the factor of complexity which increases its degree of homogeneity such as in terms of globalization. Globalization is one factor that has to be considered since it is a necessity to diversify the organization into the attainable business environment. Also executives tend to focus too much on franchising new stores. However money invested on establishing these new franchises could have been otherwise invested into their current stores. Moreover the older store, being set up on a particular geographical area will tend to have a broader experience handling the economic and socio-cultural environment of the area it has been set up on.So resources, time and energy input on the older stores renovating, expanding and restocking would make it a more formidable asset to Dunkin Donuts as opposed to establishing a whole new franchise itself which is essentially playing a key role in expansion . Wider range of food variety Expansion would also require that Dunkin Donuts change its food menu, a factor of Dynamic, implicating a degree of change. Dunkin Donuts has maintained its image of simplicity in the products it offers-drip coffee and donuts Unlike many other companies, Dunkin Donuts have stayed on its ground in maintaining their simplicity in the food it offers and on the process has earned customer loyalty of diverse groups.Thus a degree of change imposes a risk of diluted brand appeal since Dunkin Donuts will face a risk of losing its customer who values the authenticity and simplicity of Dunkin Donuts. There is also a probable occurrence of loss of respect among its original consumer groups, resulting in lower sales and turnover. In short, expansion leads to uncertainty, which in turn might lead to a diluted image of Dunkin Donuts Competitive Rivalry Due to the increase of competition, Dunkin Donuts is increasing their number of outlets in various locations. Moreove r, they are also increasing their item in the food menu in order attract all sorts of customer and to compete effectively with its competitors . THANK YOU

State of the Philippine Agrarian Reform Program

STATE OF THE PHILIPPINE AGRARIAN REFORM PROGRAM Final examination in Economics 1 Room 642 5:31-6:31 Submitted by: Cresanelle Polo Submitted to  : Mr. Ceferino Manigos INTRODUCTION â€Å"Tuwid na Daan†Ã‚  or the Straight Path is a phrase repeatedly mentioned by President Benigno S. Aquino III to pertain to his governance direction for the country. Essential to this concept of  Ã¢â‚¬Å"Tuwid na Daan†Ã‚  is the battle cry  Ã¢â‚¬Å"Kung Walang Corrupt, Walang Mahirap.   The administration believes that corruption is the root cause of the country’s woes, and eliminating corruption will necessarily lead to renewed investor confidence, eventual growth and development, poverty reduction, and attainment of peace. The straight path, however, does not only pertain to the President’s anti-corruption campaign. It also encompasses a way of doing things right, where the process is participatory; the programs are holistic; growth is sustained; the peace policy is com prehensive; and development is sustainable. Through the living examples of our leaders, led by the President, this re-awakened sense of right and wrong continues to be translated to economic value. Before going to the main purpose of this report which is to inform the reader on the present state of the Philippine Agrarian Reform Program for the year 2011, let’s tackle first the Comprehensive Agrarian Reform Program. Comprehensive Agrarian Reform- Birth, Struggle & Future   The Philippine comprehensive agrarian reform program (CARP) was envisioned shortly after the Filipino liberation from martial rule in 1986. It was designed to free the majority of the Filipino poor from the bondage of the soil by making them owners of the land they till. It also aims to grant economic-size land to the landless. Comprehensive enough, it covers farmers’ education, skills training and strong farmers' organization, application of improved technology, and support by the government. The 1987 Philippine Constitution provides in Article 14, Sec. 4. that: The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits the State, shall respect the right of small landowners, The State shall further provide incentives for voluntary land-sharing. The overriding idea under the Philippine constitution is the preservation of the concept of an â€Å"economic family-size farm† as embodied in the past land reform laws. ( the law prescribes 3 hectares to be a family size farm enough to sustain a family) It is also important to note that ownership by beneficiaries can be individually or collectively. Even in collective ownership however, the constitutional mandate is to preserve the control of the tiller over the land a farmer tills. This is so because, agrarian reform is essentially a land-to-the-tiller program; it is based on the right of farmers and regular farm workers to own the lands they till. (pp. 1200-1201 The 1987Constitution of the Philippines, A Commentary; 2003 Edition by Rev. Fr. Joaquin G. Bernas, S. J. ) In the pursuit of the above constitutional provision, the COMPREHENSIVE AGRARIAN REFORM LAW (CARL), R. A. 657 was signed into law by President Corazon Aquino on June 9, 1988. The soul of CARL, R. A. 6657 is embodied in Section 2 which is reproduced below. SECTION 2. Declaration of Principles and Policies. – It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farm workers will receive the highest consideration to promote social justice and to move the nation towards sound rural devel opment and industrialization, and the establishment of owner cultivatorship of economic-sized farms as the basis of Philippine agriculture. To this end, a more equitable distribution and ownership of land, with due regard to the rights of landowners to just compensation and to the ecological needs of the nation, shall be undertaken to provide farmers and farm workers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands. The agrarian reform program is founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a share of the fruits thereof. To this end, the State shall encourage the just distribution of all agricultural lands, subject to the priorities and retention limits set forth in this Act, having taken into account ecological, developmental, and equity considerations, and subject to the payment of just compensation. The State shall respect the right of small landowners and shall provide incentives for voluntary land-sharing. The State shall recognize the right of farmers, farm workers and landowners, as well as cooperatives and other independent farmers' organization, to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing and other support services. The State shall apply the principles of agrarian reform or stewardship, whenever applicable, in accordance with law, in the disposition or tilization of other natural resources, including lands of the public domain, under lease or concession, suitable to agriculture, subject to prior rights, homestead rights of small settlers and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farm workers in its own agricultural estates, which shall be distributed to them in the manner provided by law. By means of appropriate incentives, the State shall encourage th e formation and maintenance of economic-sized family farms to be constituted by individual beneficiaries and small landowners. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services, The State shall also protect, develop and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. Owners of agricultural land have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization of public sector enterprises. Financial instruments used as payment for lands shall contain features that shall enhance negotiability and acceptability in the marketplace. The State may lease undeveloped lands of the public domain to qualified entities for the development of capital-intensive farms, traditional and pioneering crops especially those for exports subject to the prior rights of the beneficiaries under this Act. The intent of the Philippine Constitution and R. A. 6657 is crystal clear: the promotion of social justice through an equitable distribution of land by making it easier for the disadvantaged to be able to acquire land. Agrarian reform is meant to reduce inequalities as social justice demands. And in its pursuit, land is to be taken for redistribution to the landless. In the process of taking, the law provides for just compensation. As suggested by Rev. Father Joaquin Bernas. S. J. ,just compensation should depend on the farmers’ ability to pay and not on the standard fair market value or it will not be in accord with the thrust of the law. Fr. Bernas cited land reform in Japan where just compensation was dictated by law and amounted to less than the market value In Japan, according to him, land reform embodied recognition of the reality that expropriation for land reform was not eminent domain pure and simple, but also exercise of police power which necessarily entails loss on the part of those regulated. An analogous situation he said, is the police power of the state to impose price control on essential commodities for the benefit of the public but at the expense of the sellers. ( pp. 1203- 1205, Bernas) The COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP) under CARL has a 10-year implementation period. It is expiring this year, 2008, after a second extension. The report of the Department of Agrarian Reform (DAR) shows that from July, 1987 to December, 2004, it has only 75% rate of ccomplishment. Out of the 4,676,017 hectares of targeted private agricultural land, only 3,499,790 have been distributed. Approximately 1. 2Million hectares remain untouched. Furthermore, according to the University of the Philippines, Los Banos Micro Study, 2007, 75% of the farmer beneficiaries till their land and improve their lives despite palpable lack of support from the government. These farmers are left with the burden of generating capital and are oftentimes forced to make use of their Certificate of Land Ownership Award (CLOA) as collaterals for loans. Among the other problems obstructing the success of land reform in the Philippines are: â€Å"problematic† landholdings, such as areas with missing titles, erroneous technical descriptions, and court disputes; insufficient funds for land acquisition and support services. Protest and oppositions by big landowners is a big stumbling block as well. Furthermore, dissatisfaction on the part of the farmer beneficiaries is another blot on the program. The heading of Philippine Daily Inquirer Mindanao (02/10/2008) says: â€Å"Farmers awarded CARP lands seek way out of ‘bad deals’. The 662 farm workers of the 3,900-hectares Guthrie Estates in San Francisco, Agusan del Sur, Negros Occidental found the deal so onerous as they have not been receiving enough share from the produce of the land assigned to them under a cooperative structure. The farmers have been protesting and negotiating for better arrangements. One cooperative member warned: â€Å"If they will not listen to us, blood will spill over in our land. We have been long dead anyway. † Ironically, CARP suffered a setback during the term of President Corazon Aquino. Hacienda Luisita, the Aquino family's own 6,000- hectare estate was exempted from distribution. The hacienda was placed under what is termed the corporative scheme where the farmers were given shares of stocks and instead of owning the land they till, they receive dividends from the net profit of the operation of the hacienda as one intact landholding. A lot more is necessary to implement CARP effectively even at this time when the program period is at its tail end. Among them are: decisiveness on the part of government to implement the law against the mighty and powerful landowners; strict safeguards against land-use conversion; sufficient amount and better management of funds; stronger community-based organization; creative and effective programs for big landholdings. There is an ongoing massive call for CARP extension to be coupled with reforms and more decisive land distribution. On the other hand, landowners are pointing to the flaws and failures of CARP as a basis for terminating the program. Since the birth of CARP, they have been deriding its existence, have been exerting efforts to thwart its implementation and plotting ways to defeat the spirit of land reform. Farmers now pin their hopes on House Bill No. 3059, or the proposed â€Å"Genuine Agrarian Reform Act of 2007†. It was filed by representatives of party-list groups Anakpawis, Bayan Muna and Gabriela Women’s Party. The bill seeks to distribute land for free and expand agrarian reform coverage to all agricultural lands in the country. According to the former DAR Secretary Butch Abad, agrarian reform will not succeed if government and business sector will not do their part. And he believes that poverty and social conflict such as the secession movement are due to landlessness to a significant degree. According to Sec. Abad, the present state of things show land reform has failed. Tenants can not be owner-cultivator and farm manager overnight. After acquiring the farm, they need training, support services, capital. One proof that agrarian reform is not yet a success is that countless farmers have not been given a piece of the land as yet. From the official website of the government we gather some bits of information and here they are†¦ http://www. gov. ph/2011/07/25/the-2011-state-of-the-nation-address-technical-report/ The 2011 State of the Nation Address Technical Report 3. 2 Completed projects to strengthen the agricultural sector 3. 2. 1. Under the continuing regular fund from the DA, a total of 1,814 kilometers of Farm to Market Roads (FMRs) were completed from July 2010 to May 2011, out of the targeted 2,567 kilometers. In addition, 687 kms more FMRs were completed under the locally-funded and foreign assisted projects. Overall, a total of 2,501 kms of completed FMRs provide better access to markets and social services and boost economic activities by allowing goods and products to flow in and out of the barangays. FMRs also help reduce transport costs, spoilage and deterioration of quality of agricultural products, and facilitate delivery of farm inputs. 3. 2. 2. From July 2010 to June 2011, a total of 65  tramlines were completed connecting remote areas to FMRs. A total of  67  agricultural tramlines were completed since project start-up in 2009, which is 63%  of the targeted  107  units to be completed by December 2011. The use of these tramlines cuts the cost of hauling by half from P2 to P1 per kilogram of produce and reduces hauling time significantly from hours to just a few minutes. Inaugurated on 13 April 2011 at Twin Peaks, Tuba, Benguet, a 400-meter tramline has reduced hauling time from 2 hours to five minutes. Farmers pay P1 per kilo of produce to cover the cost of diesel fuel, engine maintenance and other repairs and allowance for the tramline operator. On 25 February 2011, a tramline built by DA-Philmech at a cost of P1. 6 million was inaugurated in La Paz, Zamboanga City, a barangay located 970 meters above sea level. A 370 meter distance between the barangay and the closest national road used to take 12 hours to traverse. With the tramline, travel time over this distance has been reduced to three minutes. A local group, the La Paz Farmers’ Association operates the tramline collecting a fee of one peso for a load of 350 kilos of corn and vegetables. 3. 2. 3. All in all, in the first 11 months of the Aquino Administration (July 2010 to May 2011), 11,611 hectares of new areas were irrigated, 40,053 hectares were restored, and 171,910 hectares were rehabilitated both for current and carry over projects. Restoration entails repairing the irrigation facility that is currently not functional while rehabilitation means upgrading or improving the facility, which is currently working but has not attained the maximum or designed irrigation efficiency. 3. 2. 4. Put up the following post-harvest facilities: * One hundred eighty seven (187) food terminals from July 2010 to April 2011 benefiting 1,155 small farmers and fishers. These food terminals provide affordable basic food commodities to around 457,859 households who are able to save not only from low-priced commodities but also from cuts in transportation expenses and reduction of middlemen costs. The savings on transportation cost ranges from P8–P200 for every trip to the market. * Thirteen (13) or 68% of the targeted 19 Corn Post Harvest Trading Centers (CPHTC) in major corn producing areas nationwide. These centers ensure continuous supply of corn even during the wet season, guarantee premium quality, and open opportunity for other investments in the corn industry. A total of 1,342 small scale composting facilities in the different regions nationwide, reaching 100% of the target, and generating 5,368 jobs. This forms part of the government’s promotion of organic farming through the Organic Fertilizer Production Project, which will enable farmers to produce their own organic fertilizer to reduce dependence on expensive synthetic fertil izers. * A total of 56 units of flatbed dryers from July 2010 to April 2011, attaining 100% of the target and generating 402 jobs. These will reduce post-harvest losses during the drying stage of palay and ensure quality drying during the rainy season. Four (4) cold chain facilities[20]  from July 2010 to May 2011 would enable farmers of high value crops to store their fruits and vegetables in the appropriate temperature and prolong the quality and shelf life of perishable crops, obtaining for the farmers a better selling price for their produce. These facilities were turned over to three (3) cooperatives in Benguet, Palayan City, and San Jose City, benefiting 139 farmers. * Ten (10) units of Village-Type post-harvest facilities as of June 2011, in key corn production areas and strategic demand sites nationwide. Thirty-one (31) more units are expected to be completed and operational by the end of 2011. 3. 3. Fostered a culture of self-reliance 3. 3. 1 Some of the strategies under the Food Staple Self-Sufficiency program include the termination of direct input subsidies to farmers and front-loading of irrigation investments in 2012 and 2013 to increase output as early as possible, thus decreasing the need to import rice. These actions are already bearing fruit as seen in the bumper crop harvest from January to March 2011. 3. 3. 2 The country’s rice importation dropped significantly by 80% from an import volume of 2. 2 million MT from July 2009 to June 2010 to 386,243 MT from July 2010 to June 2011. The decrease in volume of actual rice import arrivals can be attributed to the good harvest and the comfortable stock position of the country. Likewise, rice shipments were scheduled better. From here on, NFA buffer stocks will consist mainly of palay purchased from local farmers—a lo ng standing demand of the rice farmers. From January to June 2011, the government through the NFA has procured some P7. 64 billion worth of palay from all over the country. This is 16% of the NFA stock. The NFA targets to increase this volume from the harvest from the main cropping season later this year. The total rice imported in 2010 was 2. 38 million MT. For 2011, the government shall import 64% less or 860,000 MT, with 200,000 MT imported by the government, and 660,000 MT by the private sector. For 2012, rice imports shall further decline to 500,000 MT, with 100,000 MT imported by the government and 400,000 MT imported by the private sector. 3. 3. 2. The government was able to increase the average farm gate price of palay by 2. 89% within a short period, thereby immediately increasing the farmer’s income. Strategic reserves and placements made it possible for the price of rice to remain stable, thereby assuring the affordability and availability of rice to the public. 3. 3. 3. Production in the crops subsector was also up by 8. 19% and the main contributors were palay, corn, sugarcane, and banana. The country has regained its status as net sugar exporter for the current crop year, having recovered from the sugar shortage in 2009-2010 when the country imported raw and refined sugar. news From the official website of department of agriculture†¦ HOUSE  APPROVES DAR’S P18. -B BUDGET THE Department Agrarian Reform (DAR) prevailed upon the House of Representatives during the plenary hearing Wednesday for its 2012 budget, thanks largely to Pampanga Rep. Anna York C. Bondoc, who took the cudgels for the agency and pulled it off with poise even as she endured almost six hours of grilling from her colleagues Bondoc, who stood as the sponsor for DAR’s budget, eloquently just ified its P18. 3-billion proposed budget, saying that the agency, despite operating on lean budget each year in the past, has managed to deliver the tasks expected of it. How much more if DAR is provided with sufficient funds,† Bondoc said even as she rallied her fellow lawmakers to come in support of DAR, which is in dire need for more funds to complete the distribution of some 1 million hectares of agricultural lands and deliver much-needed support services in the form of basic rural infrastructure projects and skills development program. The DAR said that P10 billion of its total budget for next year will go to land tenure’s improvement, which include landowners’ compensation; P7. billion to program beneficiaries’ development made up of support services in the form of basic rural infrastructure projects and skills development program; and P1 billion to agrarian justice delivery. Bondoc found an ally in the course defending the department’s budget through former DAR Secretary-turned-partylist representatives Nasser Pangandaman of the AA Kasosyo Partylist. Pangandaman sought the replenishment of the credit facility in the DAR’s budget, which was left unfunded, to enable the agency to serve the needs of farmer-beneficiaries for much-needed capital for farm inputs. Coop-Natcco Partylist Rep. Cresente Paez joined Pangandaman in his move, saying that the lack of capital is one of the major obstacles to improving the lives of farmer-beneficiaries, most of them are forced to approach loan sharks for farm inputs. Bondoc agreed with Pangandaman and Paez on the need to restore the budget for credit facility and even asked them to join her in lobbying the Department of Budget and Management (DBM) about it. She said she would furnish the DBM with minutes of what had transpired during the budget hearing at the plenary to give it an insight on the issue. DAR  HOSTS SEMINAR ON CLIMATE PROOFING FOR AGRARIAN REFORM COMMUNITIES The warning is dire. Scientists say that even if the earth’s hot temperature on global warming is reduced significantly in the coming years, climate change impacts such as droughts, floods, and other severe weather events are likely to result in food shortages, increase in water and air-borne diseases, infrastructure damage and the of natural resources degradation. To help farmers adapt to these inevitable eventualities, the Department of Agrarian Reform (DAR) in cooperation with the Federal Ministry for Economic Cooperation ; Development (or GIZ) recently conducted a five-day seminar-workshop on â€Å"Climate Proofing for Development: Practical application for agrarian reform communities† at the Century Park Hotel in Malate, Manila. The GIZ, Adaptation to Climate Change ; Conservation of Biodiversity (ACCBio) trainers and the Phil. Atmospheric Geophysical ; Astronomical Services Administration (PAGASA) presented to DAR studies made on the ill effects of climate change on farms and farming communities in the country. Undersecretary for Special Programs ; Agrarian Relations Rosalina Bistoyong said the seminar-workshop seeks to understand and learn how to adapt to the climate changes and integrate it in development plans for agrarian reform communities. We at DAR believe that we cannot delay making adaptation plans and actions to ensure that maladaptation [by farmers] will not worsen adverse climate change effects and impede their sustainable development,† said Bistoyong. â€Å"Climate adaptation ways like planting trees, composting, using bio-friendly fertilizers, organic farming, are just some of the ways the farmers can use to help mitigate climate change,† said Corrine Canlas of GIZ. With the climate change impacts we have been experiencing like floods, typhoons and the el nino and la nina phenome na, implementers need to learn the ways and means to adapt to these [eventualities], so that they can put strategies to add development plans for farmers in the agrarian reform communities,† added Canlas. Bistoyong said that the implementers will also teach farmers measures to avoid the bad effects of chemicals on the environment and contribute in minimizing global warming. This course will help our implementers in making necessary developments plans so that our farmers will be able to cope, adapt and sustain their livelihood in the face of climate change,† Bistoyong said. AGRARIAN  BENEFICIARIES TO BENEFIT FROM IRRIGATION AND ROAD PROJECTS CABUCGAYAN, BILIRAN – Rice production and farmers’ income in this fifth class municipality are expected to increase once the rehabilitation of the communal irrigation system (CIS) and a farm-to-market road in the area are completed. Biliran Agrarian Reform Officer Elisea Orapa said rehabilitation works by the National Irrigation Administration (NIA) started early last month, and is expected to be completed in three months time. Orapa cited the Department of Public Works and Highways (DPWH), for rehabilitating the 1. 7-kilometer farm-to-market road in Sitio Kasabangan where some 562 meters of this will be concreted for easier and farther conveyance of farm products to the market. Eliasem Castillo, Regional Director of the Department of Agrarian Reform (DAR) in Eastern Visayas, said the projects, courtesy of the Japan International Cooperation Agency-Agrarian Reform Infrastructure Support Project (JICA-ARISP), would help double farm produce of farmer-beneficiaries in the Balaquid Agrarian Reform Community (ARC). Castillo added that the two projects cost about P8-million, with the local government unit providing 50 percent as its counterpart equity. Ismael Aya-ay, chief of the Beneficiaries Development Coordinating Division (BDCD) of the DAR-Biliran said that about 60 of the 530 ARBs in the ARC will directly benefit from the irrigation project, while some 1,686 residents here and in nearby villages will be benefited by the farm-to-market road. ARCs are group of barangays with farmers awarded with land titles where there is a convergence of support services provided by the national and local governments, non-government organizations and foreign-donor communities. PROGRAMS OF THE DEPARTMENT OF AGRICULTURE LAND  TENURE IMPROVEMENT The LTI component seeks to secure the tenurial status of the farmers and farmworkers in the lands they till. This is operationalized either through land acquisition and distribution (LAD) and leasehold operations. LAD involves the redistribution of government and private agricultural lands to landless farmers and farmworkers. This  is the essence of land reform. It secures farmers' tenure, promotes social equity, and provides them with necessary productive resources needed to ensure their economic viability and productivity. Leasehold operations, on the other hand, is the alternative non-land transfer scheme. It covers all tenanted agricultural lands such those in the retained areas, not yet acquired for distribution under CARP, and those which may be validly covered  under existing laws. With the enactment of RA 9700 or the Comprehensive Agrarian Reform Program Extension with Reforms in 2009, LAD should be completed by June 30, 2014 on a province-by-province basis. All remaining unacquired and undistributed agricultural lands shall be acquired and distributed as follows: Phase I (01 July 2009 to 30 June 2012) * All remaining lands above fifty (50) hectares; All private agricultural lands with aggregate landholdings in excess of fifty (50) hectares which have already been issued Notices of Coverage (NOCs) on or before Dec. 10, 2008; * Rice and corn lands under PD 27; idle and abandoned lands; Voluntary Offer to Sell (VOS) lands; * All lands foreclosed by government financial institutions (GFIs), PCGG-acquired lands and other government-owned lands; * Voluntary Land Transfer (VLT) submit ted by June 30, 2009 (before effectivity); * Only VOS & Compulsory Acquisition (CA) are allowed after June 30, 2009; Phase II-A (01 July 2009 to 30 June 2012) * All alienable and disposable, arable public agricultural lands; * All public agricultural lands which are to be opened for new development and resettlement; * Aggregate above 24-50 hectares issued NOCs on or before 10 December 2008) Phase II-B (01 July 2012 to 30 June 2013) * Remaining lands in excess of 24 hectares whether or not issued with NOCs Phase III-A (01 July 2012 to 30 June 2013) * 10-24 hectares, insofar as excess of 10 hectares Phase III-B (01 July 2013 to 30 June 2014) above 5 hectares to 10 hectares * Schedule of LAD shall be in accordance with the above order of priority with the ff: * EXCEPTION: priority land reform areas as declared by PARC (Presidential Agrarian Reform Council) ExCom upon recommendation of the PARCCOM (Provincial Agrarian Reform Coordinating Committee) may be covered in advance provided that prior phases have been completed * Phase III-B (5-10 hectares) shall not be implemented until 90% of the provincial balance as of Jan. 1, 2009 has been completed. Under RA 6657 or the Comprehensive Agrarian Reform Program (from 1987 to June 2009), the Department of Agrarian Reform (DAR) covered 2,321,064 has. of private agricultural lands and 1, 727, 054 has. non-private agricultural lands covering a total of 4, 049, 018 has. This is equivalent to 2, 396, 857 ARBs installed. Congruently, under RA 9700 (July 2009 – December 2010) , 78, 145 has. private agricultural lands and 75, 862 has. of non-private agricultural lands were distributed. This totals to 154,007 has. equivalent to 97, 712 ARBs installed. Strategic Directions up to 2014 To substantially complete asset reform as mandated by RA 9700, the DAR shall: *   Complete land acquisition and distribution (LAD) in the CARPER balance; *   Prioritize the subdivision of collective Certificates of Land Ownership Awards (CLOAs) involving LBP-compensable lands; *   Fast track the documentation and settlement of landowner compensation for already distributed lands; *   Synergize and rationalize the efforts of the CARP implementing agencies in all processes of LAD; * Partner with the civil society organizations in the delivery of LTI services, particularly the large-sized private agricultural lands; *   Adopt a job-sharing scheme under the ONE-DAR Concept; and * Increase the utilization of the services of geodetic engineers to assist in land acquisition. PROGRAM  BENEFICIARIES DEVELOPMENT PBD is the support services component of CARP. It aims to capacitate ARBs and provide them access to the necessary support services to make their lands more productive, ena ble them to venture in income generating livelihood projects and actively participate in community governance. Agrarian reform does not rely on land distribution alone, but also on the delivery of support services, including farm-to-market roads, bridges, irrigation, post harvest facilities, rural electrification, potable water supply, school buildings, multi-purpose buildings; extension services, credit assistance, and trainings. * 709,187 ARBs fully served under the foreign-assisted projects * 7,170 infrastructure projects * 976 communal irrigation projects completed * 3018 functional ARB-organizations operate (ALDA Level 3,4,5) * 316,610 ARB members are already managing their own farm & non-farm enterprises Support services delivered through the Foreign Assisted Projects (FAPs) and Agrarian Reform Fund (ARF): * 13,259 kilometers of FMR * 226,015 hectares serviced by irrigation systems * 194 multi-purpose buildings * 174 bridge projects (10,473 linear meters) * 428 units of post harvest facilities * 999 units of potable water systems Other infrastructure projects provided: * Health centers, school buildings, flood control, rural electrification,& sanitation systems. Non-infrastructure programs include: * Demonstration farms, rural micro-enterprises, training of ARB leaders, & health and nutrition The DAR adopted the development of agrarian reform communities (ARC) in 1993 to improve the lives of  agrarian reform beneficiaries (ARBs). It was the department's key strategy to accelerate and sustain economic growth in agrarian reform and rural areas through a people-centered, holistic and area focused approach in community development. Since then, the DAR has launched 2,100 ARCs covering 1. million of ARBs in 9,076 barangays. Because of the size limitation of ARCs and the increasing number of ARBs in need of basic support services, the DAR expanded the coverage of its support services through the KALAHI (Kapit-Bisig Laban sa Kahirapan) Agrarian Reform Zones (KARZones). A KARZone is a contiguous area which embraces both ARC barangays and non-ARC barangays within the zone. Strategic Directions up to 2014: The agrarian reform must be able to lift the ARBs out of poverty and transform them into drivers of rural economic growth. Land distribution is only the first step. Provision of adequate and timely support services are impetus to make the awarded lands productive. Thus, PBD priorities for 2012-2014 shall be to: *   Undertake convergence initiatives with rural development agencies to complement the resources and streamline the efforts of DAR and DENR; *   Ink public-private partnerships (PPPs), develop models of collaboration and design business models in the agrarian reform areas with the participation of the CSOs, academe, research and development institutions and LGUs; *   Expand the ODA portfolio in order to augment funds for PBD; *   Operationalize the LTI-PBD integration on a province-to-province basis; *   Shift focus of low LAD-balance provinces to PBD; and   * Unlock credit facilities for the agrarian reform beneficiaries through capacity development for credit providers and farmer-borrowers, providing support to risk mitigating institutions and making available credit information to credit providers AGRARIAN  JUSTICE DELIVERY Delivery of agrarian justice has two features: the agrarian legal assistance and adjudication of cases. Agrarian legal assistance is comprised of resolution of agrarian law implementation (ALI) cases, ARB representation before judicial and quasi-judicial bodies, and mediation and conciliation. On the other hand, Adjudication of cases involves the resolution of cases by the DAR Adjudication Board (DARAB) and any of its salas. Under RA 6657, the DAR is vested with the primary jurisdiction to determine and adjudicate agrarian reform matters and to extend free legal assistance to farmer-beneficiaries affected by agrarian cases. There are three types of cases under this program namely: judicial or court cases, quasi-judicial, and cases related to agrarian law implementation (ALI). The first two types involve representation of farmers by DAR lawyers before the regular courts and DAR Adjudication Board, respectively. The third type involves the administrative rendering of decision on exemption, conversion and retention. The DAR at present utilizes more aggressive alternative dispute resolution techniques in mediation to reduce conflicts maturing into court cases. The general objective is to persuade the contending parties to settle their disputes amicably or out of court before the DAR. Strategic Directives: The legal sector intends to provide effective and timely support not only for agrarian reform frontliners in the field of operations and support services but also for the ARBs. Hence, to speed up the resolution of agrarian-related cases, the sector shall: *   Put the legal framework in place to expedite the LAD process and undertake PBD lawyering; *   Rationalize DAR lawyers’ and paralegals’ appreciation and decision on cases by developing common templates and legal outlines; *   Improve capabilities of DAR lawyers and legal officers to adequately address AR challenges; and * Tap information and communication technology to enhance legal work.

Brokeback Mountain

Although the story of â€Å"Brokeback Mountain† has been classified as â€Å"the gay cowboy story†, it contrarily is the tale two young men who strive to come to acceptance of who they are in a society which demands something so different from the taboo nature of this union. Originally written as a short story by Annie Proulx, this story that started off as one of the most real tales of her fictitious stories took up almost 30 pages that covered a relationship that lasted 20 years and was adapted into film with a delicate yet balanced symposium of cinematic screenplay and cinematography.The elements of the story and its adaptation go to reinforce different aspects and beliefs that have been developed and poeticize the relationship of Ennis and Jack paralleling the beauty of the surrounding landscapes and mountain ranges. In the process of adapting this short story to the silver screen, screenwriters Larry McMurtry and Diana Ossana added to Annie Proulx’s story ce rtain details and elements to enhance the development of the plot and characters.The most obvious of these additions that take place for both Ennis and Jack with the expansion of different relationships with some of the minor characters, some of which were not in the original story. Jack’s relationship with his father-in-law was always a tense one. L. D. felt as though Jack was not only completely inadequate for Lureen but also for the greater community.This resentment brewed inside Jack until one Thanksgiving Day where he established his competence and authority by threatening his father-in-law into submission. L. D. fell silent to Jack after he commands â€Å"Sit down, you old son of a bitch†¦ This is my house†¦ or I’ll knock your ignorant ass into next week† (66. ). Jack’s unsteady grasp of who he was and what his role in life as a closet homosexual was further expanded with the introduction of a couple who just moved to Texas.While at some s ocial function, the two husbands, Jack and Randall, were out having a cigarette and Randall suggested to go up fishing at a cabin nearby with some whiskey to just â€Å"get away† (76. ) thus introducing a new relationship and chapter in Jack’s homosexuality that supposedly brought his demise at the end. In comparison, Ennis’ added element in the film was a bit more drawn out and expanded on to further develop his sense of solidarity and relationship he maintained with his daughter Alma Jr. A new character not originally from he short story was introduced as a waitress named Cassie who he develops something of a relationship with for a short period of time. This relationship would develop so much so that time spent with his daughter would be at the same bar Ennis and Cassie met. despite the resentment Junior felt for sharing what little time she had with her father. In the end, his distance in the relationship, caused by his feelings for Jack, drove her away thus being twice â€Å"burned† (16) and further sinking into solidarity.In Proulx’s supplementary essay â€Å"Getting Movied†, she describes herself to be â€Å"something of a geographic determinist, believing that regional landscapes, climate and topography dictate local cultural traditions and kinds of work† (129). Director Ang Lee must use numerous visual elements that enhance Proulx’s belief and portray it to the audience. Producer and screenwriter Larry McMurtry had a vision in mind based off of Ansel Adams’ Moonrise, Hernandez, New Meixco. This became the foundation for the locations that were to portray Riverton and the other towns and establishments in Wyoming.The vastness of space that filled the background with nature’s beauty of the Big Horn Mountains would contain the foreground of a somewhat desolate ranching society scarcely filled and obviously behind in the times to comment on the simplicity of the culture where most of it s inhabitants lived paycheck to paycheck and ranch to ranch. The cinematography of â€Å"Brokeback Mountain† would not only play a crucial part with Proulx being a â€Å"geographic determinist† but also with Larry McMurtry’s classification â€Å"lyrical pastoralism†.In his essay â€Å"Adapting Brokeback Mountain†, McMurtry describes director Ang Lee as â€Å"a reluctant, even an unwilling, pastoralist†¦ [getting] as much of the grit of the towns as he can† (141). Having the foundation set with the Ansel Adams photograph mentioned earlier, this would set the dichotomy between the two lives both Ennis and Jack choose to lead poeticizing their relationship with the majestic mountains and landscapes of the Big Horn Mountains be the symbol and meeting place for their unadulterated love to flourish and the grit of the poverty stricken towns be a symbol of their daily torment of leading a double life.Annie Proulx’s â€Å"Brokeback Moun tain† started as fictitious story inspired by some random lonesome bar patron who was staring at a group cowboys shooting pool and grew to be a Pulitzer Prize finalist entry and an Oscar-winning feature for best director and, most importantly, best screenplay adaptation.From the imagination of the writer to the technical skills of a film crew, â€Å"Brokeback Mountain† became a testament to the times and trials of the American West and its inhabitants who struggle throughout their lives to either sustain their way of life or find who they truly are. With the realistic foundation, drive of the creative team, unique cinematography and superb acting, the story of Ennis and Jack came to life not only as a struggling love story but one of sorrow and joy, suffering and bliss, serenity and violence, simply love and hate.Their tale lasted through the troubling times of the homophobic conservative American West and unfortunately succumbed to intolerance and hatred unfortunately much like the characters’ neighbor in Laramie, Matthew Shepard. Struggling each step of the way throughout this relationship, the main characters would finally come to grips with the hinderance of their relationship and even their own mortality only to say at the end of all things â€Å"if you can’t fix it, you’ve got to stand it† (28). Brokeback Mountain Brokeback Mountain was a much talked about movie due to its theme. Some labelled the movie as a ‘gay cowboy movie’, which does not do the movie justice. Yes, the movie is about two cowboys who fall in love with each other but to categorize it as just a ‘gay cowboy movie’ simplifies a love story of a group of people that have often been denied of real representation in the media, especially the mainstream media. The movie opens in 1963 in Wyoming when two young cowboys are looking for work as sheep herder.The two cowboys, Ennis Del Mar (Heath Ledger) and Jack Twist (Jake Gyllenhaal), are sent to Brokeback mountain to herd sheep’s and it is there that both fall in love with each other. After this realization, both go their separate ways; Ennis back home to his sweetheart, Alma (Michelle Williams) and Jack to Texas to be a rodeo rider. Four years later, the two are reunited when Jack visits Ennis. At this point both men are married with kids; Ennis to Al ma and Jack to Lureen (Anne Hathaway).The two meet together once a year in Brokeback Mountain, the one place both men feel safe and comfortable to express their love for each other, over a 20-year period. Heath Ledger and Jake Gyllenhaal masterfully portrayed their characters to a tee. Ennis Del Mar is a very simple and quite man who just wants to find a place for himself in the world while Jack Twist is outgoing, full of dreams which, due to the blatant homophobia of the time and location, cannot come true. Jack’s dream is to live with Ennis in their own ranch, a dream that Ennis knows is unrealistic.Ennis is tormented by his love for Jack because as a child he witnessed what happened to a man who lived in a union others deemed not right while Jack is tormented by Ennis’s refusal to accept and acknowledge their relationship beyond Brokeback Mountain. Some in the mainstream media, which took some people by surprise, positively received Brokeback Mountain. The movie was critically praised and received many awards for the actors and director. Heath Ledger was nominated for the best actor category in a drama, Michelle Williams for best supporting actress in a drama and Ang Lee for director, which he won at the Oscar’s.Since Brokeback Mountain came out, there have been several shows and movies that have gay, lesbian, bi-sexual, transgender and transsexual (tblg) characters featured. Ang Lee said it best when he accepted his award for director for Brokeback Mountain â€Å"the power of movies to change the way we’re thinking† (Globes goes to ‘Brokeback’, ‘Walk the lines’; International Herald Tribute, January 17, 2006). Only time will tell if this will led to society being more open-minded of people from the tblg community. A good indication of acceptance is when such movies are classified as a romantic movie instead of a ‘gay cowboy movie’ Brokeback Mountain Although the story of â€Å"Brokeback Mountain† has been classified as â€Å"the gay cowboy story†, it contrarily is the tale two young men who strive to come to acceptance of who they are in a society which demands something so different from the taboo nature of this union. Originally written as a short story by Annie Proulx, this story that started off as one of the most real tales of her fictitious stories took up almost 30 pages that covered a relationship that lasted 20 years and was adapted into film with a delicate yet balanced symposium of cinematic screenplay and cinematography.The elements of the story and its adaptation go to reinforce different aspects and beliefs that have been developed and poeticize the relationship of Ennis and Jack paralleling the beauty of the surrounding landscapes and mountain ranges. In the process of adapting this short story to the silver screen, screenwriters Larry McMurtry and Diana Ossana added to Annie Proulx’s story ce rtain details and elements to enhance the development of the plot and characters.The most obvious of these additions that take place for both Ennis and Jack with the expansion of different relationships with some of the minor characters, some of which were not in the original story. Jack’s relationship with his father-in-law was always a tense one. L. D. felt as though Jack was not only completely inadequate for Lureen but also for the greater community.This resentment brewed inside Jack until one Thanksgiving Day where he established his competence and authority by threatening his father-in-law into submission. L. D. fell silent to Jack after he commands â€Å"Sit down, you old son of a bitch†¦ This is my house†¦ or I’ll knock your ignorant ass into next week† (66. ). Jack’s unsteady grasp of who he was and what his role in life as a closet homosexual was further expanded with the introduction of a couple who just moved to Texas.While at some s ocial function, the two husbands, Jack and Randall, were out having a cigarette and Randall suggested to go up fishing at a cabin nearby with some whiskey to just â€Å"get away† (76. ) thus introducing a new relationship and chapter in Jack’s homosexuality that supposedly brought his demise at the end. In comparison, Ennis’ added element in the film was a bit more drawn out and expanded on to further develop his sense of solidarity and relationship he maintained with his daughter Alma Jr. A new character not originally from he short story was introduced as a waitress named Cassie who he develops something of a relationship with for a short period of time. This relationship would develop so much so that time spent with his daughter would be at the same bar Ennis and Cassie met. despite the resentment Junior felt for sharing what little time she had with her father. In the end, his distance in the relationship, caused by his feelings for Jack, drove her away thus being twice â€Å"burned† (16) and further sinking into solidarity.In Proulx’s supplementary essay â€Å"Getting Movied†, she describes herself to be â€Å"something of a geographic determinist, believing that regional landscapes, climate and topography dictate local cultural traditions and kinds of work† (129). Director Ang Lee must use numerous visual elements that enhance Proulx’s belief and portray it to the audience. Producer and screenwriter Larry McMurtry had a vision in mind based off of Ansel Adams’ Moonrise, Hernandez, New Meixco. This became the foundation for the locations that were to portray Riverton and the other towns and establishments in Wyoming.The vastness of space that filled the background with nature’s beauty of the Big Horn Mountains would contain the foreground of a somewhat desolate ranching society scarcely filled and obviously behind in the times to comment on the simplicity of the culture where most of it s inhabitants lived paycheck to paycheck and ranch to ranch. The cinematography of â€Å"Brokeback Mountain† would not only play a crucial part with Proulx being a â€Å"geographic determinist† but also with Larry McMurtry’s classification â€Å"lyrical pastoralism†.In his essay â€Å"Adapting Brokeback Mountain†, McMurtry describes director Ang Lee as â€Å"a reluctant, even an unwilling, pastoralist†¦ [getting] as much of the grit of the towns as he can† (141). Having the foundation set with the Ansel Adams photograph mentioned earlier, this would set the dichotomy between the two lives both Ennis and Jack choose to lead poeticizing their relationship with the majestic mountains and landscapes of the Big Horn Mountains be the symbol and meeting place for their unadulterated love to flourish and the grit of the poverty stricken towns be a symbol of their daily torment of leading a double life.Annie Proulx’s â€Å"Brokeback Moun tain† started as fictitious story inspired by some random lonesome bar patron who was staring at a group cowboys shooting pool and grew to be a Pulitzer Prize finalist entry and an Oscar-winning feature for best director and, most importantly, best screenplay adaptation.From the imagination of the writer to the technical skills of a film crew, â€Å"Brokeback Mountain† became a testament to the times and trials of the American West and its inhabitants who struggle throughout their lives to either sustain their way of life or find who they truly are. With the realistic foundation, drive of the creative team, unique cinematography and superb acting, the story of Ennis and Jack came to life not only as a struggling love story but one of sorrow and joy, suffering and bliss, serenity and violence, simply love and hate.Their tale lasted through the troubling times of the homophobic conservative American West and unfortunately succumbed to intolerance and hatred unfortunately much like the characters’ neighbor in Laramie, Matthew Shepard. Struggling each step of the way throughout this relationship, the main characters would finally come to grips with the hinderance of their relationship and even their own mortality only to say at the end of all things â€Å"if you can’t fix it, you’ve got to stand it† (28). Brokeback Mountain Although the story of â€Å"Brokeback Mountain† has been classified as â€Å"the gay cowboy story†, it contrarily is the tale two young men who strive to come to acceptance of who they are in a society which demands something so different from the taboo nature of this union. Originally written as a short story by Annie Proulx, this story that started off as one of the most real tales of her fictitious stories took up almost 30 pages that covered a relationship that lasted 20 years and was adapted into film with a delicate yet balanced symposium of cinematic screenplay and cinematography.The elements of the story and its adaptation go to reinforce different aspects and beliefs that have been developed and poeticize the relationship of Ennis and Jack paralleling the beauty of the surrounding landscapes and mountain ranges. In the process of adapting this short story to the silver screen, screenwriters Larry McMurtry and Diana Ossana added to Annie Proulx’s story ce rtain details and elements to enhance the development of the plot and characters.The most obvious of these additions that take place for both Ennis and Jack with the expansion of different relationships with some of the minor characters, some of which were not in the original story. Jack’s relationship with his father-in-law was always a tense one. L. D. felt as though Jack was not only completely inadequate for Lureen but also for the greater community.This resentment brewed inside Jack until one Thanksgiving Day where he established his competence and authority by threatening his father-in-law into submission. L. D. fell silent to Jack after he commands â€Å"Sit down, you old son of a bitch†¦ This is my house†¦ or I’ll knock your ignorant ass into next week† (66. ). Jack’s unsteady grasp of who he was and what his role in life as a closet homosexual was further expanded with the introduction of a couple who just moved to Texas.While at some s ocial function, the two husbands, Jack and Randall, were out having a cigarette and Randall suggested to go up fishing at a cabin nearby with some whiskey to just â€Å"get away† (76. ) thus introducing a new relationship and chapter in Jack’s homosexuality that supposedly brought his demise at the end. In comparison, Ennis’ added element in the film was a bit more drawn out and expanded on to further develop his sense of solidarity and relationship he maintained with his daughter Alma Jr. A new character not originally from he short story was introduced as a waitress named Cassie who he develops something of a relationship with for a short period of time. This relationship would develop so much so that time spent with his daughter would be at the same bar Ennis and Cassie met. despite the resentment Junior felt for sharing what little time she had with her father. In the end, his distance in the relationship, caused by his feelings for Jack, drove her away thus being twice â€Å"burned† (16) and further sinking into solidarity.In Proulx’s supplementary essay â€Å"Getting Movied†, she describes herself to be â€Å"something of a geographic determinist, believing that regional landscapes, climate and topography dictate local cultural traditions and kinds of work† (129). Director Ang Lee must use numerous visual elements that enhance Proulx’s belief and portray it to the audience. Producer and screenwriter Larry McMurtry had a vision in mind based off of Ansel Adams’ Moonrise, Hernandez, New Meixco. This became the foundation for the locations that were to portray Riverton and the other towns and establishments in Wyoming.The vastness of space that filled the background with nature’s beauty of the Big Horn Mountains would contain the foreground of a somewhat desolate ranching society scarcely filled and obviously behind in the times to comment on the simplicity of the culture where most of it s inhabitants lived paycheck to paycheck and ranch to ranch. The cinematography of â€Å"Brokeback Mountain† would not only play a crucial part with Proulx being a â€Å"geographic determinist† but also with Larry McMurtry’s classification â€Å"lyrical pastoralism†.In his essay â€Å"Adapting Brokeback Mountain†, McMurtry describes director Ang Lee as â€Å"a reluctant, even an unwilling, pastoralist†¦ [getting] as much of the grit of the towns as he can† (141). Having the foundation set with the Ansel Adams photograph mentioned earlier, this would set the dichotomy between the two lives both Ennis and Jack choose to lead poeticizing their relationship with the majestic mountains and landscapes of the Big Horn Mountains be the symbol and meeting place for their unadulterated love to flourish and the grit of the poverty stricken towns be a symbol of their daily torment of leading a double life.Annie Proulx’s â€Å"Brokeback Moun tain† started as fictitious story inspired by some random lonesome bar patron who was staring at a group cowboys shooting pool and grew to be a Pulitzer Prize finalist entry and an Oscar-winning feature for best director and, most importantly, best screenplay adaptation.From the imagination of the writer to the technical skills of a film crew, â€Å"Brokeback Mountain† became a testament to the times and trials of the American West and its inhabitants who struggle throughout their lives to either sustain their way of life or find who they truly are. With the realistic foundation, drive of the creative team, unique cinematography and superb acting, the story of Ennis and Jack came to life not only as a struggling love story but one of sorrow and joy, suffering and bliss, serenity and violence, simply love and hate.Their tale lasted through the troubling times of the homophobic conservative American West and unfortunately succumbed to intolerance and hatred unfortunately much like the characters’ neighbor in Laramie, Matthew Shepard. Struggling each step of the way throughout this relationship, the main characters would finally come to grips with the hinderance of their relationship and even their own mortality only to say at the end of all things â€Å"if you can’t fix it, you’ve got to stand it† (28).

Decision Analysis Essay Example | Topics and Well Written Essays - 750 words

Decision Analysis - Essay Example In the United Kingdom it is sometimes awarded for an undergraduate student whose final year consists of higher-level courses and a major research project. This means that the college graduate will be a student for another 2-3 years with higher demands of learning and concentration. Thus, he shall be a step behind all his other supposed colleagues. There is an edge that he could play and it is that he is able to deduce a lot more information on the field but in terms of application, these could be very minimal as well. Statistics show that because of the global economic crisis, more and more students are putting off a College education. In the United States, at least 56% of the High School graduates prefer to seek for white-collared jobs to be able to pay off their living expenses rather than go to school and apply for a financial loan. They choose to begin their careers and working experiences so they could get a head start in their lives in terms of financial stability. If this much of the students do not make it to College, then it is but fair to conclude that employers do limit their requirements on the job description and settle for an Associate's degree when speaking of managerial positions. But as one progresses in his career, he shall realize even more the competition that he is facing and how much he has to strive to be someone companies are actually looking for. As for the second alternative, this fresh college graduate immediately decides not to go for any Master's Degree and just merely concentrate on his work experience and technically this will be his competitive tool. This would be a stronger tool if the graduate is able to maintain a good and reputable track record in his first company that shall enable him to rise above the ranks for either expand his horizons within or outside the company. He could also make sure that before he puts off the idea of getting a Master's degree, he has already focused on specific companies that he will be applying for and clearly know whether they put weight on Master's Degrees. The third alternative could be the most plausible idealism in this decision, however it could be the most time-consuming and most difficult one as well. Time management is off great essence in this particular alternative and sometimes there are companies who are very sensitive to this idea. There are job descriptions who require more than office hours to deliver expected results. Sales positions for instance do not have a working timeframe but they are on-call all week and sometimes all-night. Schedules are eratic for some most especially if you work for the boss directly since it is mandatory that you go by the schedule of your superiors. However, it is like hitting two birds with one stone but most likely there would come a time when he is to make his priorities straight and there would be instances when he will need to do one thing before the other or sometimes, he shall do his work over his school demands. This goes by saying that it is a human reaction to give priority to his work rather than his studies where he does not get immediate results. Unlike a job where one is required to deliver results in a month's time to be able to get his salary, most especially true for those on commission basis. Being able to deliver his utmost best in any of the departments will be most unlikely possible, therefore he will not be able to maximize his

Iraq War Annotated Bibliography Example | Topics and Well Written Essays - 1000 words

Iraq War - Annotated Bibliography Example In addition, it analyzes the question of the beneficiary in broader terms by looking at possible ways, long and short-term impacts. It also considers economic and interest of China and US concerning the aftermath of the war. This article notes that China has emerged as the biggest economic beneficiary of the war by snagging five lucrative deals, hence helping the nation to overcome its security risks. It also notes that China displaced US as Iraq’s trading partner making them loose on many opportunities and trade ties. The article notes that Iraq-US war led to the death of over 4500 soldiers and over 30,000 injured and more than $1 trillion operational cost in the US. Similarly, US failed to establish capitalist democracy, making them loose. On the other hand, Iraq lost over 100,000 civilians and the displacement of over 2 million people. This was a loss to the two nations involved in the war. The book talks about grafts in the Administration of George Bush and the ways it went down as a lasting damage to the country. The book also outlines the decisions that Bush took to invade Iraq without any positive impact on the Americans. According to the book, the US was a loser in the war against Iraq, and it will take the nation decades to recover from the effects. The book notes that neither US nor Iraq won the battle since they all loss because there was material waste among other factors. US failed to achieve its control, but instead laid a framework for other nations such as China to take control of Iraq. It concludes by stating that political mileage was never reached as America had anticipated, and this led to their loss. The author of this book argues that the US-Iraq war was a blessing to the enemies since Iraq benefited because Shiite got power after eighty years of oppression and exclusion under the leadership of Saddam Hussein. There was power balance in Iraq as minority communities

Margins of society Essay Example | Topics and Well Written Essays - 1000 words

Margins of society - Essay Example This creates a jarring impact on the viewers as they are forced to give respect to the subjects that they would otherwise ignore if they get a chance to meet them on the streets. For this paper, three photographs by Arbus would be analyzed, namely Hermaphrodite and a dog in a carnival trailer, A Jewish giant at home with his parents in the Bronx, NY and Child with a toy grenade, Central Park, NY . In this photograph, Arbus has photographed a hermaphrodite. The photograph captures the style and concept of other Arbus’ photograph. The picture seems quite ordinary except for the subject. If the main subject was removed from the picture, there would have been nothing interesting in the picture and yet it is the subject who changes the entire meaning of the picture. The Hermaphrodite stares back at the camera. He is not smiling and neither is he frowning. Rather, it seems that the hermaphrodite is conscious of getting his picture. This, however, does not fit with the body posture of the subject. It is the lack of pose in the body posture that makes the picture more compelling. The picture is quite ordinary in the way the Hermphrodite is relaxing on the chair but it is the same feeling of the oridinary that brings forth the emotion of the viewers to the surface. The picture seems to be challenging the viewer to accept the Hermaphrodite as a part of the society. The subject is partially nude, and yet he does not shy away by attempting to cover himself with his hands. He wears shiny undergarments which show that the subject is getting ready for a show or has just come back from one. The presence of the dog lends a personal touch to the photograph. It tells something about the subject even if it is as ordinary as the fact that the subject owns a dog that loves enough to share the photograph with. It is was not for the title of the photography, many viewers would have missed the small dog lying on the lap of the Hermaphrodite. Arbus, in this

Individual Authentic Journey Report Essay Example | Topics and Well Written Essays - 3750 words

Individual Authentic Journey Report - Essay Example Authentic Leadership Report Introduction Background of the Report During the recent economic crisis, the disillusioned global audience was witness to an economic crisis of global proportions as the greed exhibited by some of the world’s economic leaders as they attempted to make more money for themselves in collusion with various private enterprises set in motion the unprecedented collapse of most of the world’s financial systems. This economic crisis could have been averted if the leaders entrusted with the momentous responsibility of managing these major corporations had conducted themselves in an honest and integral manner as opposed to the avarice and greed that they exhibited. By conducting this authentic leadership study upon myself, I will be able to improve my own transparency as well strengthen my overall accountability by following the recommendations of the findings that will be laid out in this report. This will help in causing me to develop my capabilities and evolve from being a leader whose leadership only extends to the success of the company’s bottom line to one who is able to aptly confront the various societal and organizational challenges and the various public policy issues in a manner that can be perceived to be both integral and honest. By cultivating these qualities, I hope to be able to transform myself into the image of a leader who is capable of repairing the damaged relationship that exists between the corporate world and the general public. By doing this I will be able to restore, hope, meaningfulness, confidence, optimism and resilience to both sides of the divide. Report Aims and Objectives The Sole Purpose of my undertaking this authentic leadership research was so as to enable me establish my intrinsic leadership qualities as well as formulate a plan that will enable me further develop myself into a better leader. With the recent global economic crisis and especially with the collapse of some of the worldâ⠂¬â„¢s major corporations such as Enron corporation and the Lehman brothers Holdings Inc, there has been a somewhat tremendous loss of confidence by the general public in the capabilities of the leaders in some of the world’s major corporations. Scope and of the Report The scope of the study will be mainly concentrated on relating several incidences that will serve to highlight various attributes that serve to portray me as being an authentic leader. The study will draw on my previous life experiences as well as reference several books. Limitations of the Report As a result of my being both the participant and the researcher, it might be difficult for me to assume the position of â€Å"Bird’s eye view† while conducting the research. To effectively counter this, I will endeavor to ensure that I maintain objectivity in conducting the research project (Magolda, Creamer and Meszaros, 2010). Justification of methodology undertaken The methodology of this report is ma inly derived from using autoethnography. Autoethnography is a form

The FTCA and Government Incentive for Poor Policy Essay

The FTCA and Government Incentive for Poor Policy - Essay Example However, the passing of the act also contained thirteen exceptions that limit the scope of the FTCA. One of these exceptions, the Discretionary Function Exception (DFE), prevents government liability in numerous cases due to its vague use of the term discretion. This paper examines the history and creation of the FTCA, its exceptions, the role of the DFE, and concludes with suggestions INTRODUCTION: On a foggy Saturday in 1945, Lieutenant Colonel William Franklin Smith Jr. piloted a B-25 Mitchell bomber during a routine personnel transport mission. Although alerted to the sky’s zero visibility, LTC Smith proceeded to attempt to land at the LaGuardia Airport. Subsequently, the plane crashed into the north side of the Empire State Building killing fourteen people, injuring an elevator operator, and causing approximately one million dollars worth of damage (Richman 2008). As a member of the United States Military, and, therefore, a federal employee, was the government liable for the deaths and damage? Although at the time, sovereign immunity protected the government, public outrage over the B-25 Empire State Building crash paved the way for new public policy that allowed people to sue the U.S. government. Congress enacted the Federal Tort Claims Act (FTCA), in 1946, in attempt to provide justice for those injured due to government means or employees. However, the FTCA includes thirteen exemptions that restrict its use (Weaver & Longoria 2002). One in particular, the Discretionary Function Exception (DFE), seemingly exempts the government from liability in so many situation that it may render the FTCA moot. After examination of the history of the FTCA, the DFE, and case examples, it becomes clear that the DFE is too broad and defeats the purpose of the FTCA. Furthermore, alternatives exist that limit the scope of the DFE and retain the justice first sought with the creation of the FTCA. HISTORY: James Madison of the First Continental Congress proclaimed ther e should be limits on the United State’s sovereign immunity such that citizens had the right to make claims against the government (Weaver & Longoria 2002). Sovereign immunity is part of common law jurisdictions that dates back to English Law. It generally states that a sovereign or state cannot be charged with a criminal or civil offense. Prior to 1946, the only way to sue the government was by private bills that relied on legislative committees. However, the private bills proved to be expensive, time-costly, and frequently unjust. Nevertheless, the use of private bills continued until 1922 when Congress passed the Small Tort Claims Act. The Act authorized every federal department or establishment to process claims on private property up to one thousand dollars. This act also proved unjust as it covered property damaged by a federal employee but not a life taken by a federal employee (Weaver & Longoria 2002). Following heavy legislation and cases such as the B-25 Empire Stat e Building Crash, the Seventy-Ninth Congress passed the FTCA as Title IV of the Legislative Reorganization Act, 60 Stat. 842. The Act states it intentions clearly: "The United States shall be liable... [for] tort claims, in the same manner and to the same extent as a private individual under like circumstances" (sec. 2674). However, the act also includes thirteen exceptions to government liability (Cohen 2007). Examination of the Discretion Function Exception provides several examples as to why the court may interpret the exceptions too broadly to be effective. THE DFE: The Discretionary Function Exception protects the government against claims "based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of

( Employement relation module) How does the living wage relate to the Essay

( Employement relation module) How does the living wage relate to the labour movement and how does the labour movement relate t - Essay Example Background As the living wage movement has matured, it became more aggressive and sophisticated. Typical cost of living requires the work of at least $ 8.50 an hour if the employer provides certain health benefits or about $ 10 if no health benefits are provided. Capitalizing on the high cost of living in the region of Santa Cruz wage campaign living wage has won a record $ 11 per hour for health insurance or $ 12 without (Elmore 2003). Many regulations required additional standards, such as paid leave and hiring local people. Living wage advocates are also included language intended to protect workers from the city, where contracts from hand to hand and to prohibit retaliation by employers against employees for asserting their rights under the order. However, other orders require companies to publicly report their employment, wages and benefits and to engage in the details of expenditure on urban public service contracts and economic incentives for development. Less frequent but per haps more promising, a handful of living wage ordinances include language intended to facilitate the trade unions. ... Unfortunately, it is a language of the map noted verifies walks fine line and vulnerable to legal challenges under the National Labour Relations Act. The campaign also sought new ways to extend the coverage of living wage ordinances. While the limited coverage of many previous decisions to those employed by city contractors, is now almost a third of the minimum subsistence laws on the books cover a city service contractors and firms receiving economic development assistance of the City (Mincer 2006). A handful of these laws are another step forward, extending the minimum subsistence requirements for contractors and lessees of these subsidized companies (I think the difference in the shopping centre was built with government subsidies or reduced tax office tower cleaning contractor). More recently, the campaign of Berkeley and Santa Monica have broadened the concept of a living wage even further, demanding a living wage by major employers located in highly developed areas of the water front tourists. Opposition As successes such as these mountains, it becomes inevitable opposition. The main players among the interests of business against the cost of living will not be a surprise to readers here. They have a food service and hospitality that benefit low-wage labour - including the National Federation of Independent Business and National Restaurant Association - and the local chambers of commerce. Before the victory in Santa Monica, great plot hotels sought to crush the living wage effort to promote the initiative false "living wage" ballot that would have covered almost no work and are included in the small print that prohibits future living

Baseball and Antitrust Laws Essay Example for Free

Baseball and Antitrust Laws Essay Any commerce with operations spanning state boundaries, thus undertaking interstate trade, is governed by antitrust laws. Efforts at monopolizing and controlling trade could be regarded unlawful by national circuit courts as per the Clayton and Sherman Acts. Baseball has always been immune from such antitrust regulations from 1922, upon the Supreme Court’s verdict made baseball winner in Federal Baseball Club of Baltimore, Inc. v. National Baseball Clubs. It was determined that although planning of sports was done across State boundaries, such games constituted intrastate occasions since movement from state to state was not essential (Falk, 1994). The antirust immunity bars MLB from being legally challenged because of national antirust braches. Unless such immunity is removed by Congress, baseball proprietors make whatever decisions they wish because no antirust-related legal proceedings can be instituted against them. Whenever the proprietors attempt to modify baseball, the MLBPA quickly comes in to claim that they were not consulted (Bendix, 2008). Despite the fact that proprietors may do whatever they wish disregarding antitrust regulations, nothing which breaches the Collective Bargaining Agreement (CBA) can be done. Such agreement requires that almost each dispute be mediated, like it is done with numerous labor deals. If the antirust immunity of baseball was cancelled, would this mean the changing of baseball? This is unlikely since the same regulations that govern NHL, NFL, and NBA would continue to govern baseball. The USA at the moment has antitrust regulations meant to bar businesses from controlling specific markets. Nevertheless, US baseball market has been monopolized by key league baseball for ages, thus preventing upcoming players from actually gaining footage. The US Supreme Court has defended Major League Baseball’s (MLB) liberty to monopolize in a number of instances. MLB remains the sole US monopoly in numerous ways, and has remained so from its beginning. Upon the 1903 merger of the National League (NL) with the American League (AL), such partnership immediately proved successful. Such success was surely bound to invite imitation. Therefore a different baseball league almost immediately demonstrated willingness to challenge the NL/AL monopoly. The Federal League began as an insignificant league; however, it espoused key intentions (Anderson, 2002). By 1914, numerous individuals regarded such Federal League to be a main league; the league itself desired to officially confirm this. The Federal League (FL) took legal action against Major League Baseball on 5th January 1915 for disrupting their efforts at hiring players who were between agreements that is, not governed by the Reserve Clause, from the American National League, citing national antitrust law. The case was heard by Kennesaw Mountain Landhis, reputed for his firm observance of the law. However, Ladhis was as well a big fan of Chicago Cubs. He knew that the Federal League’s case was a justifiable one, however, his favorite team, the Cubs, would suffer if FL won the case, and thus Ladhis kept such case under advisement as opposed to immediately issuing a verdict. The FL’s 19156 collapse made everyone happy. The Baltimore Federal League license proprietors tried to buy out a team of the Major League (ML) only to be rejected. They subsequently attempted to purchase a franchise of the International league; they were once more rejected. The proprietor of White Sox, Chalets Chomsky, offended Baltimore city by saying that the metropolis constituted a bad and insignificant league. Charles Ebbets, the proprietor of Dodgers, added to the insult by stating that the metropolis was among the worst insignificant league metropolis because of having excess colored people. The perspective proprietors then took legal action against ML baseball, alleging a scheme to tear down the FL. In April 1919, a law court declared the Baltimore proprietors the winners of the suit, thus awarding them damages worth $240,000. An appeal was instituted in 1920, with the appeal ruling being made in 1921 (Barra, 2003). The 1921 ruling nullified the decision of the junior court and declared that baseball did not constitute the type of trade national law ought to standardize. The US Supreme Court endorsed such a ruling on May 22nd 1922, thus strengthening baseball’s antitrust immunity. In the Federal Baseball Club v. National League, the Supreme Court gave the verdict that ML baseball remained immune from the Sherman Antitrust Act provisions. Following the 1915 folding of the FL, majority of the FL proprietors were purchased by proprietors within the other MLs, or had received compensation in other modes. For instance, St. Louis FL owner was authorized to purchase the St Louis Browns. Baltimore Federal League club owner did not get this authorization and hence he took legal action against the American league, National League, as well as additional defendants, such as a number of FL officials. The suit alleged a plot to dominate baseball through demolishing the FL (Rovell, 2001). The listed defendants were declared jointly answerable, with $80,000 worth of damages assessed. The figure was tripled to total $240,000 as per the Clayton Antitrust Act provisions. Such immunity, as well as the monopoly of MLB, was unchallenged up to 1972. Curt Flood took legal action against baseball following his sale to Philadelphia Phillies from the Saint Louis Cardinals following 1969’s season. Such a case ultimately reached the Supreme Court, where the initial decision was endorsed with Congress left to rectify the inconsistency. Despite the fact that Flood did not win the case, he set the precedence for wage negotiation, and immediately afterwards, free action. At the moment free agency survives, however such antitrust immunity is as well law. Baseball was not to be awarded antitrust immunity if the Baltimore League squad owners had been reimbursed after the league was disbanded. All other squad’s proprietors were compensated with the exception of Baltimore, thus prompting their filing of the initial antitrust lawsuit. Such immunity is suspect, and several observers are convinced that it may once more be upheld in a law court. Nevertheless, from the Flood case of 1972, no any one case has been even close to being heard at the Supreme Court (Barra, 2006). In addition MLB’s domination has not been challenged by any league since the 1950s unsuccessful Continental League. The National Federal League has been engrossed in majority of the major antitrust court cases, such as, its lawsuits against the US Football League. Such cases have demonstrated that antitrust lawsuits are not essentially fatal. Despite that fact that the NFL lost the two cases, numerous lawsuits have been previously won by sports leagues. In antitrust lawsuits, such leagues have to demonstrate that they did not breach antitrust regulations through demonstrating that their activities generally, served to promote contest more as opposed to inhibiting it. Despite the fact that Al Davis legally defeated the NFL, the NFL could as well have emerged victorious if it possessed an unambiguous guidelines and adhered to them rather than acting because they particularly disliked Al Davis (Bartree, 2005). In addition, despite the fact that USFL legally beat NFL, a mere $3 worth of damages was awarded. If the US Congress completely revokes the antirust immunity of baseball, some interesting enduring consequences could result. Firstly, the key leagues are to be affected. Insignificant-league baseball t the moment relies on the ongoing presence of the Reserve Clause , which permits major-league teams to legally control players even following the expiry of the players’ contracts. Such Reserve Clause permits the existence of deep insignificant-league structures within baseball by permitting such teams to control numerous players not in their key-league rosters. NBA and NFL do not have any minor-league structures. Hockey has insignificant-league squads; however, such are mediated into the joint bargaining of hockey with the players. The Reserve Clause is likely to be legally challenged if the antitrust immunity of baseball is lost. In case such clause is determined to breach antitrust regulations, baseball squads could be forced surrender the legal claims to a number of or even every of their insignificant-league players. With no interest to develop the team members whom they formerly controlled, big-league squads would be less motivated to offer support to their insignificant-league partners through subsidizing their activities (Blum, 2001). This has thus made insignificant leagues lobby Congress to uphold the antitrust immunity of baseball. Without such immunity insignificant leagues would be forced to modify their activities, to become more similar to free insignificant early 1900s leagues rather than be under MLB. Proprietors would have no power regarding discussing with team members due to lack of legal standing to possess a Reserve Clause. When squads have no rights over team members, there will be less willingness to recruit high school players and accord them 4 or 5 development years, particularly if they are forced to dwell much on major league rosters. This could imply a major impetus fro baseball in colleges, and perhaps also for global baseball leagues (Rovell, 2001). Such would form the major MLB’s propagation ground as has been for basketball and football. If the antitrust immunity is revoked, franchise transfer, and particularly contraction, would from the greatest challenge. Close to thirty years have elapsed since a single baseball squad relocated from one metropolis to the other. Since that time, the other 3 games have progressed since the antitrust immunity grants baseball proprietors extra authority to bar squads from relocating than the proprietors have within other games. Such authority was especially apparent in 1992 at the time when the Tampa/St. Petersburg Vince Piazza’s group wanted to purchase the Giants from Bob Lurie at $115 million. The proprietors declined to allow such sale, and then compelled Lurie to accept $100 million from Peter Mogowan for the squad. Piazza instituted legal proceedings against MLB, actually winning the initial round of the case. The court stated that the antitrust immunity did not cover relocations (Belth, 2001). However, the Curt Flood Act currently holds that immunity does touch on relocations. Absence of antitrust immunity makes it hard to bar teams from relocating by the MLB. Attempts to block relocations would surely be met with lawsuits instituted by the cities or teams that were attempting to relocate. Baseball would be tasked with the responsibility to demonstrating that barring such relocation would benefit contest, plus that the resolution was founded on unambiguous guidelines. If Congress repealed the immunity, the contraction war would most likely not be based on Twin’s release and labor deals. Contraction challengers would posit that the proprietors were attempting to get rid of 2 competitors so as to raise profits; this is a typical antitrust breach (Falk, 1994). The proprietors would be forced to defend such relocation arguing that they were enhancing competition within the game. It is difficult to determine whether America or baseball would benefit if the antitrust immunity of baseball is revoked. Attorneys would surely benefit owing to increased lawsuits. The proprietors would benefit since the MLB has previously won against attempts to revoke the immunity and Congress always takes it time. References Anderson, P. (2002). Recent major league baseball contraction cases. Retrieved august 4th 2009, from http://law. marquette. edu/cgi-bin/site. pl? 2130pageID=474 Barra, A. (2003). Policy debate: Should the antitrust exemption be eliminated? Retrieved august 4th 2009, from http://swcollege. com/bef/policy_debates/baseball. html Barra, A. (2006). Policy debate: Should the antitrust exemption be eliminated? Retrieved august 4th 2009, from http://www. swlearning. com/economics/policy_debates/baseball. html Bartree, H. (2005). The role of antirust laws in the professional sports industry from a financial perspective. Retrieved august 4th 2009, from http://www. thesportjournal. org/article/role-antitrust-laws-professional-sports-industry-financial-perspective Belth, A. (November 26th 2001). Ending baseballs antitrust exemption. Retrieved august 4th 2009, from http://courses. cit. cornell. edu/econ352jpw/readme/Baseball%20Prospectus%20-%20Ending%20Baseball%27s%20Antitrust%20Exemption. htm Bendix, P. (December 3rd 2008). The history of baseball’s antitrust exemption. Retrieved august 4th 2009, from http://www. beyondtheboxscore. com/2008/12/3/678134/the-history-of-baseball-s Blum, R. (June 12th 2001). Why is the antitrust exemption important? Retrieved august 4th 2009, from http://www. usatoday. com/sports/baseball/stories/2001-12-05-antitrust-explanation. htm