Mike Daviss Fortress Los Angeles The Militarization of Urban Space Essay

Mike Daviss Fortress Los Angeles The Militarization of Urban Space Summary and Reaction - Essay Example Entire neighborhoods are being sealed-off, pedestrian traffic on predominantly minority-used walkways such has Old Broadway are being "redirected", former public recreation spaces such as parks are being privatized, the list goes on. The author, Mike Davis presents a number of salient points as to where cities such as Los Angeles, where capitalism, wealth, and commodification are the driving force for everything, are heading. Because the poor do not have a huge stake at this capitalistic market, their interests are relegated to the background. The city government has a hand in perpetuating this trend. More importance is given to privatization of space, and funds that are supposed to be allocated for public recreational spaces are being appropriated to private, white-collar redevelopment ventures. Wealthy communities are physically separated from the rest of the city, the perimeters converted to a kind of military "fortress", with its arsenal of high-tech gadgetry and gated enclosures. The private "security" industry is a thriving business, ready to answer to the ubiquitous slogan of "Armed Response". Even the police are being integrated to these grand scheme of securing the city from "unwanted" elements, where their watchful eyes are omnipresent. In addition to this, they control neighborhoods where minorities, Blacks and Latinos dwell. Even residential architects are getting their design inspirations from the military. The creation of these "fortress" cities, with the constant surveillance cameras, the gated walls, private security contractors, ground as well as on-air watchers, advances the progress of the social fragmentation, a polarization that serves to destroy the society's natural hegemony at the cost of the underprivileged. Davis also talks about how this same militaristic tactic is used to lure investors and retailers into opening their establishments in abandoned commercial areas. The concept of "security" taken to the extreme is the key to securing this potentially lucrative market as evinced in the case of the "Panopticon Mall". Highlighting the social barriers even more are the measures being done to rid the streets of the vagrants and "undesirables". These include the installation of outdoor sprinklers and barrel-shaped bus benches to discourage them from sleeping in public areas. Also, public toilets are being lessened, if not completely eradicated, in favor of the "quasi-public restroom" in establishments and offices where the poor and homeless would not be admitted. For the most part, I agree with Davis's opposition to these acts of militarization and abolishment of public space. In the eradication of accessible spaces, the sense of community and social interaction is also annihilated. While it seems that these changes improve the quality of life and the sense of security for the common white-collared worker, this is done at the cost of those who have little purchasing power. Access to supposed public places are dictated by those with the money. This violates the very essence of those areas being "public". This, in a sense, tramples upon our very sense of democracy, one that does not discriminate against race, class, or social stature. This kind of physical segregation underlies the concept that people belonging to different social groups should not interact or mingle. The need of the moneyed class to separate themselves is the root

The Hobbit Questions Essay Example for Free

The Hobbit Questions Essay 1. The first three chapters reveal Bilbo’s â€Å"ordinary world†, how he is comfortable and relaxed with his same old life, then the â€Å"call to adventure†, when Gandalf shows up and asks Bilbo for his help and Bilbo’s â€Å"refusal of the call†, and â€Å"meeting with the mentor† was when all the dwarves and Gandalf took over Bilbo’s house, then the morning after the â€Å"crossing the first threshold† is revealed when Bilbo leaves his house and town accompanying the dwarves into the new mysterious world. 2. The Hero – Bilbo Baggins, he is the main character, â€Å"The Hobbit†. Mentor – Gandalf, he is very wise, he guides and helps Bilbo. 3. Bilbo’s â€Å"ordinary world† is his house and town, and Bilbo crossing the threshold is when he enters the unknown world, which is when he accompanies the dwarves without proper preparation and encounters his first enemies, the trolls. 4. Smaug, â€Å"The Shodow†, is introduced in the dwarves’ story as the dragon that drove all the dwarves out of their mountain and claiming their treasure. Smaug’s flaming breath can scorch a city, his huge wings can carry him great distances, and his armor-like hide is almost impenetrable. Smaug can also speak and possesses a dark, ironic sense of humor. 5. At Chapter one, in Bilbo’s â€Å"Ordinary World† food wasn’t the issue at all, Bilbo’s little party had lots of food and everyone ate. At Chapter 2 food was very limited and was hard to find. Chapter 5 1. I believe that Gollum is the â€Å"Shapeshifter†, he might not change his look but he is two-faced, as if there are 2 people in his little body, which disrupts Bilbo from his adventure. 2. In Chapter 5 Bilbo is alone without Gandalf or the dwarves to assist him and he has to deal with Gollum all by himself. This helps Bilbo transform and grow into a smarter, more courageous and confident little â€Å"Hero† by making his own decisions the â€Å"right† decisions, for example he could’ve killed Gollum but he felt bad and let him live. 3. The Hobbit is a children’s story and since Chapter 5 seems to be a dark scary place Tolkien had to use something to enlighten the mood and he used riddles and he made Gollum have almost like 2 sides, a â€Å"good† and â€Å"bad† side. Up to Chapter 14 1. Bilbo had to overcome trolls in the forest, goblins in the misty mountains cavern, Gollum in the tunnels bellow, the goblins’ Wargs chasing the group down, giant spiders in Mirkwood, being then captured by the wood elves, dealing with Smaug in his lair. 2. In the beginning Bilbo Baggins is very home-sick, he wanted to be back in his â€Å"ordinary world†, but the Took in him made him want to continue with the journey. After every challenge, enemy or problem Bilbo overcame he became smarter, making better decisions, confident and courageous, making him less scared to move forward and fair, being caring towards all. 3. Bilbo was hired to be a â€Å"burglar† and most of the crew thought of him being useless although he ended up being far more than that, he saved his crew countless number of times from their enemy, he also was doubting himself a whole bunch in the beginning, he then overcame one problem at a time, building his inner confidence, and without Bilbo and his perks (the ring, his fairness and decision making skills) his crew would’ve gone nowhere.

Sleepy Hollow Film Review Essay -- essays research papers

‘Sleepy Hollow’ film Review Blood and murder usually go down a treat for the people who love gore but this is not the case in the movie ‘Sleepy Hollow’. Repetition is the key to an ultimately predictable film. Just as in any other film we see a substance with a resemblance to blood fall onto a piece of paper. This tells our minds the movie will have elements of horror. Then two hands, male and female, clasp. A headless horseman then appears decapitating an innocent man on the run in the woods. This all sets the rest of the film as a romantic horror. There is still one element that is left to be seen but not to worry. While the ghoulish headless horseman is out decapitation people Ichabod Crane, a detective from New York, is having a hard time keeping a straight face. The expression of utter disgust as he finds a body in the river is comical enough as it stands. Now as he is sent to Sleepy Hollow (a near by village where the headless horseman lies) to try and get his head around the gruesome decapit ations of the people. His fear of bugs makes him an easy target and often means this film becomes comedy Johnny Depp is the actor who plays Ichabod Crane, the New York detective. When he arrives in the little village Sleepy Hollow he meets the beautiful Katrina Van Tassel. Played by Christina Ricci, Katrina is a local teenager who is starting to really like Ichabod. She wants to protect him; I guess every film needs a beauty. But where’s the beast? Most films nowadays consist of a beast that whenever they show their face on screen frightens the socks off the audience. This is not the case in the film ‘Sleepy Hollow’ seeing as Christopher Walker’s (the actor who plays the headless horseman) head is never shown on screen. Although this film consists mainly of tacky fog and bad graphics, the acting is not to blame. Maybe the fact that the main characters were played by American actors but yet tried to speak with English accents made the film seem very cheap. If you are going to hire American actors to play the main parts don’t try and pass them off as Engl ish actors. Some people might think that by making the entire movie dull, dark, and devoid of colour makes the blood stand out much more. This is true but are you really motivated to watch a movie which starts of in black and white? This movie was aimed at younger people but younger people change the channel when... ...appeared we saw the same murky fog swirl around the screen. Tim Burton turned the short story by Washington Irving from a descriptive bed time story into a fake. To me this movie was pure comedy. Although it was meant to be horror it was comical to count how many times the horseman appeared. Every time he appeared it was the same fog and sounds as the headless horseman took out his sword to kill another victim. The movie seemed to rely on the fact that Johnny Depp is gorgeous. Tim Burton has directed most of my favorite movies. Most of them did not have gorgeous actors in them but they all had a good plot. This movie did not have a good plot. It had things in it that were completely irrelevant to the rest of the film. I did not feel for the characters, the main reason being they were in black and white. This made them seem cold and emotionless. The main character in the film, Ichabod Crane was very squeamish. If this movie was aimed to be semi-serious why have a main character in it who faints at the sight of blood. In my opinion this movie had poor graphics and was very predictable. I did not enjoy it at all and if you know what is good for you you won’t bother to see it either.

Admissions Essay - Ugandan Culture and Medicine :: Medicine College Admissions Essays

Admissions Essay - Ugandan Culture and Medicine My trip to Uganda proved to be an extremely rewarding experience. We spent the first part of the Crossroads program at Hofstra University in Long Island for a two-day orientation, during which we met our group members and shared our interests and experiences. After knowing each other for only 48 hours we embarked upon our "journey". We flew from New York to London, to Entebbe airport, roughly one hour from the capital, Kampala. The next morning we met with officials from PDR (Program for Development and Rehabilitation) who gave us a few guidelines about our project and helped sensitize us to the culture and the history of Uganda. That same day we drove to Luwero (roughly 50 miles from Kampala) to meet our host community and "get settled in". The clergy members with whom we spoke were overwhelmingly friendly, and went out of their way to make us feel welcome. The Bishop of Luwero was kind enough to have a guesthouse ready for us. Having expected that each of us would be staying with a separate family, living in our own house with mattress beds and electricity came as somewhat of a shock. Though I wish I could have had the experience of staying with a Ugandan family, our living arrangements worked out quite well. We were able to do our own cooking, use charcoal stoves, and wash our own laundry by hand. Though we were originally supposed to be stationed at Kiwoko Hospital, roughly 8 miles from Luwero, the Church of Uganda made last minutes changes in the program. We spent the first two weeks visiting various health centers in Luwero. Given our limited medical experience, we weren't able to provide much help to the patients in terms of medical care. However we did gain a great deal of experience by talking to the medical staff and observing local healthcare practices. One of the wards at Kasana Health Center was dedicated entirely to testing and counseling for AIDS patients. Talking to these patients and the counselors proved to be extremely fascinating. On one occasion a group of HIV patients set up a dance/performance aimed at conveying the experience of the disease through dancing and music. We were able to visit Kiwoko Hospital during the third week of our trip, however. Most of our time there was spent shadowing doctors (most of them Ugandan) and observing surgeries.

Development of Australian Law

Western culture refers to the societal structures and norms that arose from Ancient Greece and spread throughout Europe. This Included the ways their governments were run and how their legal systems developed. Australia, being a colony of the British Empire was heavily influenced by the concepts and institutions established under English government and law, which had a profound Impact on how the state, especially that of New South Wales, and federal legal systems were originated and developed, based on what was relevant to the new colony and what was not.Origin of English Law To understand how the English legal system had an influence on the concepts and Institutions In the Australian legal system, It must first be known how It was established and developed. The Battle of Hastings in 1066 which saw the Normandy takeover by William the Conqueror, saw a change in the way England was ruled, and the further development of the Feudal System to English society. The King argued that he was above all law, whilst Parliament refuted this claim.What followed was centuries of fishing that saw the legal system develop and gain power over the monarchy in order to Magna Cart The Magna Cart was a 121 5 document, that King John, was forced to sign by his Curia Regis, or King's court, as he had been abusing his powers. Restrictions were placed upon the amount of arbitrary power the King had, as well as outlines for the court systems. Its main purpose was to show that it was possible to put limitation upon the King and for the court to have some control over the ruling of the country.It was Woolworth who said â€Å"[T]he gaining of Magna Cart closes one period in the history of English law and begins another. It closes the period during which the law Is plopped by the power of the crown alone, and it begins the period which will end in the establishment of a Parliament, with power to take some share in the making a development of the law. † This movement which gave power t o the King's court was a founding component In the English constitution, which helped establish a Parliamentary system, and therefore is important in the Australian legal system.Similarly to England, Australia's parliamentary and court systems are separate entities to the monarchy, with these institutions being able to govern themselves outside of the Governor-General or Governor's capacity, thus showing the Influence hat the English legal system has. Royal Prerogative One problem faced by the King, parliament and courts was where one's power started and stopped. According to common law, the King was not above the law, however, the monarchy argued that he was above all law, and could delegate tasks to others.However, under the case of Prohibitions these Issues were discussed and findings set out the limitations each of arm of the law. These findings have influenced the concepts and institutions that were established in the Australian legal system, and how much power each of arm of g overnment has and what this entails, again roving that the concepts and Institutions of the English legal system are embedded in Australia. Separation of Powers Separation of powers refers to the government being divided into three arms- the I OFF (defining the legislation).The parliament and courts argued that nobody, including the King, was above the word of the law. In England, in Bantam's Case, the ruling against the orders of the King gave way to the notion that the courts had power over the monarchy. However, it wasn't until the reign of Charles I without a parliament from 1629-1640 and the subsequent events that this idea was cemented in law. Upon losing the Civil War against parliament in 1649, Charles I was tried for superseding the parliament and excessively taxing the people once he ran out of funds.He was the first European monarch to be tried without first being deposed, and this was an historical event in Western law. His defense being that he was King, and therefore a bove court Jurisdiction, however he was found to be guilty and sentenced to death. England was then ruled without parliament, known as an interregnum period, between 1649 and 1660. After this period, Charles II was asked back to be head of the monarchy by the parliament, however was placed under strict limitations that saw his powers restricted, and played a founding role in the idea that nobody was above the law.These actions thus saw the establishment of a separation of powers, a concept that has been put into place in the Australian legal system as well. Separation of powers is an integral part of the Australian legal system, as it stops any one branch of government gaining arbitrary power over the people. Discovery of Australia Terra Annulus, meaning land belonging to no one, is a term used to describe a new found land that gives permission for colonization.This meant that those native to Australia, with the land being declared terra annulus' were stripped of any land rights or legal rights. This meant that the British were able to colonies the land, and formed their own society, that saw the brutal treatment of Aborigines and the planned destruction of their culture. This gave way to the formation of the Australian legal system as it is known today, as the English had free reign to build society as they saw fit.Development of Australian Parliamentary System Like England, the established ways of state and federal parliament were based on a institutional framework- a set of guidelines as to how run parliament and how power is distributed. The Australian Constitution and its state counterparts are the guidelines upon which the federal and state legal systems are based. This includes a Governor, whom acts as a representative of the Queen, showing how the English idea of a Head of State was still instilled in the Australian legal system.Like England, the New South Wales Government – as well as the six other states bar Queensland, Northern Territory and the Australian Capital Territory – and the Australian Federal Government has a bicameralism system of parliament. Bicameralism is to have two houses of parliament, in Australian state and federal these are the upper house – Senate – and lower house – House of Representatives. These are similar to the English House of Lords (Upper House) and House of Commons (Lower House).This concept was brought from England to Australia, where the lower house is voted in by the people and these are the ones who propose legislative change, whilst the upper house is decided from within government, must also pass any proposed bills and can keep a balance and check of power from the elected government, to ensure that arbitrary power is not gained. The Western legal traditions from England were new colony. Development of Australian Legislation Much of early Australian legislation was based upon English law, as it was the founder of the colony.However it was Blackstone who sai d that English law would only apply in the new colony as long as it was applicable to the context, under new circumstances. The idea that to move forward as a colony, that some laws would need to be changed to promote growth, can be seen in the Cable Case, where Henry Cable was labeled as a ‘laborer' and as a ‘new settler of this place' instead of a invoice, and treated to the legal rights of those without criminal records, which was against English Law which found anyone with a criminal record to be civilly dead, that is, to have no legal rights.This landmark case gave almost all the right to obtaining legal help, a fact that was important in a colony made up of majority of convicts, so that in the future there could be social and legal development. This landmark case also saw the Australian legal system as being able to hold its own, and that it could make laws outside of English law. Although this may be the case, English ideals and trustees used still remain an integ ral part of the legislation process.Conclusion Western legal tradition, or essentially English law, built the foundations upon which the Australian legal system was formed. The concepts and institutions used in the practice of governing and the making of legislation have been taken from that of English ways, however, Australian federal and state has developed its own legislation as it has seen fit in order to appease the people of the place, and not those in England. One cannot deny however, that the English legal traditions are ingrained in the New South Wales and Australian legal systems.

First Flight Associates v. Professional Golf Co

First Flight Associates v. Professional Golf Co Identify the client Based on the facts of the contract between Pro Golf and First Flight Associates (FFA), which was rescinded prematurely, this paper seeks to advise FFA on the legal framework behind the termination. This paper analyzes the case and explores the problem that prompted the parties to seek court’s intervention whereas there were other avenues at disposal to solve the dispute.Advertising We will write a custom case study sample on First Flight Associates v. Professional Golf Co specifically for you for only $16.05 $11/page Learn More Additionally, the paper will explore possible actions that the FFA could undertake to preempt the recurrence of a similar problem in its future dealings. My recommendations will be based on my knowledge of the business law, which has been gained throughout the course. Provide background to problem The case presented in this paper centers on a controversial agreement between Pro Golf and FFA. FFA was accused of the failure to honor its contractual duties. Pro Golf is a multinational company with its headquarters in the United States (US), and it operates under the trademark FIRST FLIGHT. Following the company’s desire to penetrate the global market, it appointed Robert G. Wynn as the sales representative in the Far East countries. Consequently, Wynn formed a company to execute the roles of a sales representative in Japan. The company, which was registered by the name First Flight Associates (FFA), marketed Pro Golf’s products under the trademark, FIRST FLIGHT. This aspect indicates that it was licensed to act as a sales representative of the licensor. The relationship between the two parties was informal since no formal contract was entered between the companies when the license was issued. On the contrary, the two parties formed an implied form of contract substantiated through the letters sent by each party. From the letters, FFA was to pay $2500 annually to Pro Golf as a consideration for the use of the trademark. However, to boost its marketing power, FFA sub-licensed other firms to use the licensor’s trademark among them being Teito Company. Under the new sub-license agreement, Teito was to pay an annual fee of $25,000 to FFA in exchange for the right to use the trademark to market the goods. The agreement between FFA and Teito Company caused disputes as the licensor sought full disclosure of the material facts on which the mentioned contract was founded. Following the failure by FFA to disclose the terms of the contract as required, Pro Golf notified the former of the intention to terminate the contract unconditionally due to failure to observe the contractual duties by the plaintiff.Advertising Looking for case study on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The problem The termination of the contract without an agreement being reached between the two p arties as to how to execute the termination process formed the basis of the controversy. FFA allowed Teito Company to use Pro Golf’s trademark. Additionally, it did not disclose the terms of the engagement to the licensor even when required to do so. The reluctance by FFA to disclose the terms of engagement between it and Teito prompted Pro Golf to revoke the contract that it had made previously with FFA. The agreement was silent as to the reasons that could lead to termination. Therefore, the involved parties could not agree on the legality of such termination. In addition to the termination of the decree, Pro Golf declined to pay the commissions earned by the plaintiff arguing that the company’s customs allowed payment of such fees upon delivery of goods to customers. FFA approached the courts requiring the defendant to be compelled to pay all the money earned prior to the termination of the contract. Pro Golf opposed the FFA’s claims for commission saying tha t the licensee failed to observe its contractual duties, thus giving the right to rescind the contract. Expressly indicate termination causes According to Schaffer, Agusti, Dhooge, and Earle (2011), under the common law, a legally binding contract can only be terminated under the following circumstances Agreement by the parties Failure by one party to observe a material contractual duty The occurrence of the specified event Lapse of time Full execution of each parties contractual duties However, for a contract to be terminated due to the occurrence of a certain event, the anticipated issue must be specified clearly in the contract. Express indication of the events that may cause termination of a contract is important since it averts conflicts that may emerge from wrongful rescission of a contract by either party before maturity. Additionally, such indication eliminates uncertainties that may present regarding premature termination of a contract by one party. The occurrence of the stated event leads to automatic termination of a contract without having to approach the courts to question the legality of a decision by one party to terminate a contract. FFA should ensure that its future agreements highlight the conditions in which a contract may be terminated prematurely to avoid the recurrence of a problem similar to the one described in this case. The contract between Pro Golf and FFA did not highlight expressly the events that could prompt impulsive termination of the licensing contract, and thus the parties had to approach the courts for legal assistance.Advertising We will write a custom case study sample on First Flight Associates v. Professional Golf Co specifically for you for only $16.05 $11/page Learn More Advantages Indicating the instances in which a contract may be terminated prevents wrongful termination of a contract by either party. This aspect eliminates confusion and delay in the execution of the contract. Additionally , the occurrence of the stated event leads to the involuntary termination of the contract, thus relieving each party of liability in the contract. This aspect leads to savings in terms of time and resources since the parties do not have to approach the courts to dispute the legality of such termination. Disadvantages The occurrence of the stated event leads to automatic termination of a contract, thus relieving each party of the attached contractual liabilities. In case one party has executed its duties fully, the other party may fail to honor its part of the bargain, thus leading to fresh disputes. Additionally, a contract may be terminated by other causes apart from those stipulated in the agreement, hence creating controversy. Establish formal contracts A formal contract refers to an agreement in which all the involved parties outline the material facts in a written text upon deliberation (Schaffer et al., 2011). Such contracts require extensive consultation between the contracti ng parties to come up with the representations to be included in the agreement. Where necessary, a legal expert is hired to oversee the drafting of the contractual document and ensure compliance with the law. FFA should consider engaging in formal contracts in which all facts are stipulated in the contractual document to avoid the controversy that may present in the course of execution of the contract. In its contract with Pro Golf, the parties did not meet physically to deliberate on the terms of the contract. On the contrary, the parties communicated through letters. The contract was thereby informal, and the conditions of the contract were only traceable from the correspondences. If FFA had engaged in a formal discussion with the defendant, perhaps the two parties would explore and agree on allowing other companies to use the trademark. Therefore, I would advise FFA to negotiate its rights with other parties and document the terms in written texts to avoid the recurrence of the p roblem in its future endeavors. Pros A formal contract has the terms of engagement written and understood by both parties. Therefore, it acts as a proof of the existence of such contract. In case of disputes arising in the course of executing the contract, both parties may refer to the document to resolve the conflict without involving a court of law. Moreover, a formal agreement minimizes the chances of disputes emerging from misunderstandings since the terms of the contract are made clear right from the outset.Advertising Looking for case study on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Cons The terms of a contract may be of legal nature, which may require the services of a legal expert to guide the parties through the process. Such services may be expensive, which increases the operating costs. Additionally, the illegality of such terms may invalidate a contract even when a written document exists. Establish a dispute resolution method prior to entering the contract and Indicate the terms of engagement, whether agency or employment.  Most contracts often result in conflicts during execution, which must be resolved in time to avoid procrastinations in the performance of the contract. Therefore, parties to a contract ought to agree on the appropriate methods of resolving disputes without involving a court of law. A clear statement outlining the method to be employed in resolving disputes should be included in the contractual document. In such a case, if a dispute arises prior to the actual period of termination of the contract, it can be resolved promptly. FFA sho uld consider creating a dispute resolution team with its future contracting parties made up of a representative from both sides. The contract should state the fact that the decision by the team is final and that it cannot be contested in a court of law. This move will minimize the chances of misunderstandings coupled with preempting the chances of the parties to seek justice from the courts. In the light of these facts, I would advise FFA to deliberate dispute resolution methods prior to committing to a contact. In the contract between FAA and Pro Golf, no provision was made regarding dispute resolution hence the party resorted to seeking a legal interpretation from the courts. Advantages Providing a dispute resolution method provides a ceiling that limits the parties’ ability to go to the courts in case of disputes. Besides, it ensures that disputes are resolved promptly, thus minimizing the chances of court’s involvement in the resolution processes. Disadvantages Pro viding for a dispute resolution mechanism may limit the ability of a party to approach a court of law in the case of dissatisfaction by the verdict delivered through the stipulated dispute resolution method. Additionally, the resolution mechanism established by the contract may not always fit the different situations arising during the execution of the contract. Moreover, creating a dispute resolution team may require the establishment of a team of experts, which may increase the operating costs of the two parties. The terms of a contract A contract may be terminated on grounds of failure to perform the contractual duties from either party. Each party to a contract is under a legal obligation to act under the provisions of the contract. In case one party fails to act under such provisions, the aggrieved side is entitled to rescind the contract and seek damages for losses coming from the breach (Schaffer et al., 2011). In the case of FAA v. Pro Golf, the defendant accused the plainti ff of failure to observe the contractual duties, hence rescinding the contract. In the light of the mentioned facts, I would advise FAA to engage actively in the formulation of the contractual terms and stick by them during the execution of its mandated duties. This way, the firm will be freed from any liability arising from the failure to execute its duties as specified in the contract. Advantages Adherence to the contractual duties ensures that the contract remains valid, thus eliminating the chances of the other party rescinding the contract. Additionally, it ensures that the desired outcomes are achieved, thus averting disputes that may lead to legal interventions. Disadvantages Adherence to contractual duties may be limited by certain factors such as the impracticability of the obligation or illegality of such tasks. In such cases, the execution of the contractual duties is derailed, and it may prompt the involved parties to seek intervention from the courts of law. Reference S chaffer, R., Agusti, F., Dhooge, L., Earle, B. (2011). International business law and its environment. Boston, MA: Cengage Learning.

The difficulty and importance of measuring quality of hire

The difficulty and importance of measuring quality of hire What metrics really matter to recruiters and hiring managers and to the companies that employ them? The truth is, as a hiring manager you may be meeting certain predetermined targets that certainly look good, but are you crushing it where it really matters- namely, the quality of your hires? Sure, on the surface you can be meeting your company’s staffing needs and finding quality candidates for all open positions, but how do you know if they- and you by association- are adding real value to the organization?According to a recent article by Workable, â€Å"Quality of hire (QoH) measures the value new hires bring to a company†¦ In this context, ‘value’ usually means how much a new hire contributes to their company’s long-term success by completing tasks, improving their work and helping others†¦ Unsurprisingly, quality of hire is at the top of the list of useful performance KPIs. According to  LinkedIn’s 2016 global trends report, itâ€⠄¢s a priority for 40% of big companies worldwide (and 45% of small businesses). Efficiency recruiting metrics, like  time to fill  and  time to hire,  are trending up, but there are obvious reasons for why quality of hire is still so important†¦ Quality of hire is what makes the recruiting process worthwhile.†Okay, so it’s clear that quality of hire is important, but how can it be measured effectively? The truth is, it isn’t such an easy thing to quantify. You can really only measure QoH after a hire has been working for at least a few months- if not more.  And, in general, â€Å"quality† is a vague term that’s hard to define. The Society for Human Resource Management recently published an article that referred to quality of hire as the elusive Holy Grail of recruiting. According to the article,â€Å"Quality-of-hire metrics are critical to understanding the effectiveness of your company’s hiring process but, for many, figurin g out how to define the measurement is a challenge.†So, now you know that quality of hire is a critical recruitment metric and that it can be a very tricky thing to measure- but that shouldn’t inspire you to ignore it. Use the following strategies to measure QoH in your organization’s recruitment efforts, to help you get a firm handle on whether or not you’re contributing meaningfully to your company’s bottom line.MetricsWhen you’re ready to get serious about measuring QoH, you’ll need to determine which metrics you’re going to use. Many organizations, including LinkedIn, recommend using the following measures when assessing QoH:hbspt.cta.load(2785852, '9e52c197-5b5b-45e6-af34-d56403f973c5', {});Retention: How long are new hires staying at your company?Time to fill: How long does it take you to fill an open job position?Hiring satisfaction: How satisfied are hiring managers and key management personnel with a new hire? This can be measured on a predetermined numerical scale.Time to productivity: How long does it take for a new employee to get up-to-speed on all aspects of the job?Job performance: This one’s obvious- how effective is your new hire in the position? Typically, this can be measured by your company’s existing performance review/ratings process (assuming there is a process in place).Employee engagement: The flipside of job performance- is your new hire happy with the position and company?Cultural fit: A 360-degree measure of how well your new hire is acclimating to the new environment, team, and colleagues.Data collectionOnce you’ve determined the performance metrics that will be used to measure your QoH, you need to determine the best approach for data collection. Some statistics are quantifiable and easy enough to collect- turnover of employees, retention rates, and the meeting of sales goals by employees are simple numerical data that make sense. But, other calculations c an be less transparent. Your job will then be to track information about new hires via surveys. Fold them into your company’s systems from the start.Workable has a list of great surveys to implement into your systems, including:Hiring manager satisfaction surveys (focusing on the recruitment process)Surveys asking managers to rate a new hire’s performance (e.g. 6- and 9-month performance surveys)Employee engagement surveys  for new hires360 surveys asking managers, peers and team members about a new hire’s  culture fit  and performanceSurveys asking hired or rejected candidates to give feedback on the hiring process†MeasuresQoH can be measured in different ways. You can use the above-mentioned metrics to run a QoH assessment for each individual new employee, or you can create aggregate or average scores, which can span things like departments or various hiring timeframes. It all depends on what you’re interested in analyzing (i.e., per-hire Qo H vs. QoH trends across teams and over time, etc.). QoH measures can also be made in increments- for example, a new hire’s score can be measured at 6 months, a year, and 2 years from their start date.Once you decide to make QoH assessment a priority in your organization and have your metrics and data collection processes in place, you can analyze and manipulate the data in countless ways, depending upon your company’s needs, and once you incorporate QoH into your recruitment performance metrics you can count on seeing tangible benefits- both to your institution and to its new hires. Good luck!