Paper - 2310 Words

ABSTRACT: WidgeCorps’s management team had a lack in understand of some of the key multivariate statistical techniques used by many companies to measure how variables react with one another. This paper will discuss how three of these techniques are commonly used and provides a recommendation for the company to use as they move forward with research and development of new products. This paper also compares and contrasts the different multivariate techniques. KEYWORDS: multivariate techniques, Chi-Square Test, multidimensional scaling There are many different multivariate techniques commonly used in businesses across the world. This paper will compare three commonly used techniques including factor analysis, multi-dimensional scaling,†¦show more content†¦Gmail, a subsidiary of Google is able to track consumer data with every click that a consumer makes with their mouse as the cruise the internet. Market research firms collect data daily about consumers. They then make note of the buying and internet surfing trends of consumers. They use cluster analysis by putting the clusters or groups of consumers with similar trends together and then marketing new products or services to them, (Downes, 2012). Multidimensional Scaling: Multidimensional Scaling is another multivariate technique WidgeCorp could use while doing research. Multidimensional scaling is the most abstract of the multivariate techniques. While abstract, it was the easiest for me to comprehend. Multidimensional Scaling has two main objects. The first objective is to find a pattern somewhere in the data collected and presenting it visually for all to understand, (Wilkes, 1977). To visually display the data, Multidimensional Scaling places the data retrieved onto a three-dimensional plain. It is particularly useful when dealing with many different variables and allows the reader to see a visual representation on how they relate to one another. Multidimensional scaling is often used to test both the quality and safety of consumer products, (Yang, 2010). When researching the different multivariate techniques, I found some practical application of the Multidimensional Scaling method. The most interesting application I found was relating toShow MoreRelated Paper761 Words   |  4 Pages In the 1790s members of the industry in both Paris and London were working on inventions to try to mechanise paper-making. In England John Dickenson produced the cylinder machine that was operational by 1809. Although useful for smaller enterprises, this lacked the large scale potential of the machine resulting from the invention of Nicholas-Louis Robert in Paris, which had a more complicated incubation period. The last of the early improvements to this machine were financed by the Fourdrinier brothersRead MoreReflection Paper836 Words   |  4 Pagesand integrating quotes. 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Empty Spaces in James Joyces Eveline from Dubliners Essay

Evelines Empty Spaces It seems highly appropriate that James Joyce lived in Europe during the time of Cà ©zanne, Seurat, Gauguin, and Matisse; throughout his book Dubliners he sketches his characters in a style that could be characterized as post- impressionist. Rather than smoothly, cleanly outlining and clearly delineating his characters every feature, Joyce concentrates on hinting at the emotional meanings of his depictions with a rich thick dab of paint here and there. Although Joyce flexes his descriptive muscles in the Dubliners short story Eveline (1914,) he leaves much to the imagination of the reader through calculated omissions and suggestive phrases. Such omissions begin at the opening of the story; She†¦show more content†¦Joyce here refers to something obscure, an old kind of keyboard instrument which was worked by a series of bellows. What is most notable in this case however, is placement; broken harmonium evokes a sense of the discord present in the home that Eveline briefly touched on at the beginning (Her father was not so bad then; and besides her mother was alive. That was a long time ago [...])(37). The reference to Saint Margaret Mary Alacoque may be even more obscure, but upon learning of its background one finds that it is indeed apt; St. Margaret Alacoque was an orphan who became a nun to escape the bad treatment she received from relatives, only to find the convent no more welcoming a home. She has a vision of Christ in which she places her hand in his heart. Eveline can be compared to St. Alacoque in that they both experience poor treatment at the hands of family, and one could draw parallels between the later description of the character Frank being open-hearted, and the seemingly senseless mention of how her fathers violence [...] had given her the palpitations (38, 39). Joyce uses more that just the readers own imagination and discreet references to generate motion towards the climax of the story. The readers ideas about morality and who and what are right and wrong play a key part in the sensations that are elicited by Joyces suggestive style. Defiance of her father brings Eveline closer to the reader; merely going

Arbitration of Disputes-Free-Samples for Students-Myassignmenthelp

Questions: 1.In the absence of choice of law critically analyse and explain the options that are available for the interpretation of the Contract. 2.The rules of arbitration help Companies to hold their trade secrets to their chest. Critically examine this statement by accentuating the divergence in procedures,merits in application of the state judiciary structure and that of arbitral institutions in times of dispute. Answers: 1.With the increasing globalization, it is quite often that the contract tends to contain certain foreign elements. This gives rise to a pertinent question so as to determine the applicable law which applies to the given situation. This problem arises due to interplay between a plethora of interconnected factors which include the performance place, payment place, business place, underlying payment current coupled with nationality of the underlying parties involved. In order to manage this problem, Rome convention through the enabling provisions tends to provide the contracting parties the choice of law through which they can determine either implicitly or explicitly the applicable law in case of any contractual dispute. The importance of this can be adjudged from the fact that the presence of this has become a lynchpin of international contracts (Fawcett and Torremans, 2011). However, there are certain contracts where the choice of law is absent and thus interpretation of such contracts poses a significant challenge. One way for contractual interpretation in the absence of choice of law is obtained from common law. In accordance with the common law, in such a situation the applicable law for contractual interpretation would be one which tends to have closest and most real connection with the given transaction (Marshall, 2012). The common law approach has been criticised by academicians, lawyers and practitioners alike due to underlying ambiguity in the language which makes it quite difficult to apply. When there is even balance in terms of the physical factors, the common law solution of applicable law leads to high degree of uncertainty for the contracting parties. Considering the nature of solution, the judge tends to have high amount of discretion which invariably leads to dissatisfaction over the decision by either party (Tang, 2008). A radically different but more certain approach to interpret contractual clauses is provided by Rome I Regulations. The first step under this exists in the form of art4(1), which outlines the fixed governing rules that exist for eight different form of contracts. In the event of the underlying contract to be interpreted lying outside the ambit of the defined eight categories of art4(1) or lying in more than one category, then art4(2) would be applicable. As per this article, for determination of applicable law, presumption of characteristic performance needs to be applied (Marshall, 2012). The presumption tends to highlight that the applicable law would essentially be the same as the underlying contractual law existing in the nation/country which hosts the habitual residence of the party which needs to ensure the contractual characteristic performance (Tang, 2008). Even though this provides larger clarity when compared to the corresponding commentary offered by common law, but considering the complex nature of cross=border legal transactions, this concept is also difficult to apply. In case of failure to ascertain the applicable law under both art4(1) and art4(2), art4(4) needs to be applied. In accordance with art4(4), an escape clause is provided in the form of closest connection test (Marshall, 2012). This clause provides a higher degree of clarity and certainty in comparison to a similar test prescribed by the common law and hence curbs the wide flexibility currently being extended to the judges. Also, it is noteworthy that while deploying the escape clause under art4(4), a significant emphasis is given on the underlying context and facts related to each case which tend to alter the decision given (Tang, 2008). While the Rome 1 Regulations tend to a superior choice for contractual interpretation in contrast to common law, but it also has immense set of criticisms. To begin with, the eight fixed categories of contract are way too less considering the contractual scope in the present day business. There is an urgent need to build on these pre-existing contract categories and based on common commercial transactions, it is required to expand this list (Marshall, 2012). Further, refinements in usage of art4(2) are required so as to simplify the overall application. Besides, the escape clause also has two major shortcomings namely the phrasing of the clause in geographical terms and also in the current form, separate issue based evaluation is not possible. This makes the escape clause vulnerable to mechanical application and also stalemate in case of balancing factors (Dickinson, 2010). In the wake of the above shortcomings in the present regulations, it makes sense that a national law must be framed on the lines of Rome I Regulations but attempts must be made to overcome the various shortcomings that have been identified above. However, at the same time, the basic architecture needs to be retained while fine tuning the provisions so as to enhance easy of application, predictability and satisfaction of contractual parties (Marshall, 2012). 2.In the modern business era, financial resources are available in abundant but the key requirement for business success is knowledge which is apparent from the rise of patents and the use of patented technology. In a communication revolution where information can be transmitted globally within minutes, it has become of critical essence to the businesses to preserve the confidentiality of their trade secrets so as to maintain their competitive edge. As the importance of these trade secrets have surged so have the disputes involving the same particularly with regards to ownership claims. With the existence of these disputes, it is imperative that a suitable mechanism be available so as to resolve these issues in a just manner while ensuring speed (Fawcett and Torremans, 2011). Two of the most common measures available in this regard are arbitration and civil proceedings using the state judiciary. It is imperative to critically analyse the procedure and the utility of each of these mea sures particularly with regards to maintaining the confidentiality of their respective trade secrets. Arbitration on account of the private hearings are thought to be a better choice with regards to confidentiality and protection of trade secrets. Even though in international rules related to arbitration outlined by ICC, UNICTRAL and CPR but private arbitration may also be governed by national laws related to arbitration. This is especially the case when the two disputing parties are based in a particular country and hence private arbitration is usually governed by applicable national law on the subject especially in the developed world. However, recently, there has been variation in the legal stance especially with regards to implied confidentiality in case of arbitration which leads to unpredictability. There are countries such as Sweden, Australia and USA which through judicial cases at different levels has denounced the implicit assumption of confidentiality while UK has preserved the same (Sarles, nd).. Additionally, it has been found that with regards to emergencies situations, the arbitration does little to prevent damage by way of providing injunction which is better served by the state judiciary. Arbitration normally focuses on providing damages in the form of arbitral awards which are usually binding in nature. One of the advantages of the arbitration is the existence of flexibility in terms of judicial procedures and evidence mechanism which can enable speedy disposal of cases particularly in case of non-administered arbitration (Samuel, 2017). Further, arbitral awards usually cannot be challenged unless there is some glaring discrepancy which violated the natural justice principle and hence ensures limited litigation. The process of arbitration typically involves the appointment of an arbitrator, sharing of material documents between parties, discovery of evidence before the proceedings actually commence. After the commencement of proceedings, the tribunal or the arbitrator announces the arbitral award (Marsh, 2011) On the other hand, civil proceedings can also be initiated in cases involving trade secrets. In majority of the developed countries unlike in the past, there has been a realization of the need to keep information confidential especially which can materially impact the legitimate interest of the involved parties. Further, the courts in these countries have increasingly warmed to the idea of in camera and private proceedings and withholding information from the public domain. Also, the under seal filing provision has increasingly becoming common coupled with passage of protective order such as injunction so as to ensure that intellectual rights and trade secrets are not compromised. Further, a pro-confidentiality approach taken by the courts especially in the US is apparent from the verdicts pronounced in cases like Gates Rubber v. Bando Chemical Industries, 9 F.3d 823(October 19, 1993) and In re Iowa Freedom of Information Council, 724 F.2d 658 (8th Cir. 1983). However, the critical a spect is that the court does not act on the advice of the concerned party with regards to terming a document as trade secret and makes an independent evaluation of the same. While, in the earlier times, this may have been problematic considering the limited technical knowledge about the same but the existence of specialised courts and tribunals to decide on specific matters, this ensures that the protection provided is not abused (Legal Intelligencer, 2014). Based on the above discussion, it would be fair to conclude that where in nations where state judiciary is developed with regards to deciding on cases related to patent law and trade secrets, it must be preferred over arbitration with regards to matters of confidentiality. However, in jurisdictions where the law has not developed, it is better to deploy arbitration considering the existence of global rules fostering confidentiality. References Dickinson, A. (2010) Rebuttable Assumptions, Lloyds Maritime and Commercial Law Quarterly Vol.27 No.2,pp. 32-37 Fawcett J.J. and Torremans, P. (2011), Intellectual Property and Private International Law, 2nd edn. New York: Oxford University Press Legal Intelligencer (2014), MINIMIZING DISCLOSURE OF TRADE SECRETS IN CIVIL LITIGATION, Blank Rome Website, [Online] Available at https://www.blankrome.com/index.cfm?contentID=37itemID=3275 [Accessed August 5, 2017] Marsh, J. (2011), Arbitration and Trade Secrets: Avoiding the Trap,Trade Secrets Litigator Website, [Online] Available at https://www.tradesecretlitigator.com/2011/05/agreements-requiring-the-arbitration-of-disputes-are-generally-perceived-as-being-pro-business-but-do-they-really-help-a-business-in-the-trade-secret-context/ [Accessed August 5, 2017] Marshall, B.A. (2012) Reconsidering the Proper Law of the Contract, Melbourne Journal of International Law, Vol.13 No.2, pp. 9-44 Samuel, M. (2017), Confidentiality in International Commercial Arbitration: Bedrock or Window-Dressing?, Kluwer Arbitration Blog, [Online] Available at https://kluwerarbitrationblog.com/2017/02/21/confidentiality-international-commercial-arbitration-bedrock-window-dressing/?print=print [Accessed August 5, 2017] Sarles, J.W. (n.d.), SOLVING THE ARBITRAL CONFIDENTIALITY CONUNDRUM IN INTERNATIONAL ARBITRATION, Mayer Brown Website, [Online] Available at https://m.mayerbrown.com/Files/Publication/cc689d95-b8ba-4179-b72f-08b83ec47ad1/Presentation/PublicationAttachment/917049de-2412-4695-894d-09fc7f42c303/Confidentiality.pdf [Accessed August 5, 2017] Tang, Z. (2008) Law Applicable in the Absence of Choice The New Article 4 of the Rome I Regulation, Modern Law Review, Vol. 71 No. 5, pp. 785-800

The assassination of John F. Kennedy Conspiracy theories

Following the assassination of President John F. Kennedy in 1963, the warren commission was setup to investigate the case. The team came to a conclusion that the assassination was carried out by a lone gunman. However, the house select committee on assassinations carried out fresh investigations in the period between 1976 and 1979 concluding that the assassination was a conspiracy, essentially denouncing the earlier findings that suggested a one man effort. Advertising We will write a custom essay sample on The assassination of John F. Kennedy: Conspiracy theories specifically for you for only $16.05 $11/page Learn More The conspiracy theories developed in the latter years implicated a number of public figures including former Cuban leader Fidel Castro, the mafia, the FBI, Lyndon Johnson, the CIA amongst many others. These groups and individuals were named in several conspiracy theories namely, the organized crime theory, the secret service, the federal reserve conspiracy and the new Orleans conspiracy among others. From personal opinion, the theory that seems to hold most water in this particular case is the organized crime conspiracy which basically implicates the mafia, Cuban exiles and Fidel Castro’s supporters. Mob involvement has been well presented in David Kaiser’s book, The road to Dallas. When President John F. Kennedy took over office from Dwight Eisenhower, he made it a point to ensure that criminals were incarcerated in numbers that were unprecedented (Kaiser, 11). Under his watch the number of persecutions increased by upto 12 times the number recorded during his predecessor’s tenure. Members of mafia formed a big number of the criminals he had sent to jail and this gave them a reason to retaliate. The Mafioso considered Fidel Castro their biggest enemy and most of them built strong relationships with anti-Castro Cubans. Some of the documents that were allegedly not consulted by the Warren commis sion indicate that some of the Mafiosi had been involved in plotting conspiracies directed at assassinating Fidel Castro. The Mafia felt short changed when President Kennedy failed to support their efforts in the invasion. The mafia in this cause was under the support of Cuban exiles in the USA who wanted to go back to Cuba and carry out an invasion Castro’s communist government (Kaiser, 123). It has also been suggested that anti-Castro Cubans were angered by Kennedy’s failure to destroy Cuba during the 1962 missile crisis. Giving the mafia and the Cuban exiles even more reason to hate him, President Kennedy had been at the forefront of leading charges against organized crime as a young and idealistic lawyer. Further, the president’s younger brother Bobby also followed in his footsteps leading the administration in protests against the mafia. Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OF F Learn More The mafia had helped John F. Kennedy win the elections and therefore they felt betrayed when he started prosecuting them when he got the office. The polls ended in dispute with allegations of the elections being marred with irregularities. Investigations that were carried out by to the CIA revealed that Carlos Marcello, a suspected member of the mafia could have organized and implemented the conspiracy. The investigations also realized that Marcello had the motive, the opportunity and the resources necessary to carry out the assassination. The most popular organized crime conspiracy involving the Cubans suggests that Kennedy could have been assassinated by Fidel Castro. According to this theory, Castro was fully aware that the mafia aided by some Cubans was baying for his blood. These two groups were purported to be under CIA’s command (Kaiser, 53). As a result, the only two choices available to Castro were to kill or be killed. Aside from the Mafia and the Cubans, other organized groups that could have committed the crime include the KGB. This argument suggests that Oswald was possibly a member of the KGB and his work was to handle such â€Å"dirty† missions. Individuals who are pro this line of thought such as Professor Revilo Oliver believe that JFK was assassinated because he did not serve the soviet and related communist groups as effectively as he had promised prior to the election. Kennedy had been seen as the one who could turn America to communism but once he got into office he appeared to soften his stand and in a move described as ‘turning American’ (Kaiser, 293). From readings, it has been discovered that this conspiracy could have been covered up to avoid the eruption of the third world war; a war which was imminent were it to be revealed that the KGB controlled Oswald. Of all the conspiracy theories that have been fronted to explain the assassination of John F. Kennedy, the theory suggesting that organized crime could have been the major involvement appears to be more credible. In the book The Road to Dallas, David Kaiser has clearly provided in-depth explanations supporting the argument that organized crime groups were the major plotters and developers of the plot to kill JFK. Advertising We will write a custom essay sample on The assassination of John F. Kennedy: Conspiracy theories specifically for you for only $16.05 $11/page Learn More As much various discussions have arisen in regards to who could have been involved and the particular reasons for their involvement, it is definitely clear from Kaiser’s book that Oswald could not have been the sole mastermind of the attack. The Mafioso, the Cuban exiles, the KGB and probably even Fidel Castro’s henchmen could have contributed to the development of the plot. It is however clear as has been presented earlier in this essay that whichever group was involved had to have some agreea ble amount of inside help. It is definitely ridiculous to try and purport that a single individual in the name of Oswald could have bypassed all the security systems around the president of a super power without either outside or inside help, or both. By the standards of those days JFK must have been the most well protected individual on earth yet he went down by a bullet from a sniper’s gun; a sniper who was not immediately traced. His evasion from security forces around the president and all over the country could be telling of the fact that he had enlisted a definite level of inside support. This is the kind of support that could only be negotiated for by a well connected group of individuals. The level of organization in the execution of the assassination was clearly a team effort, and though Oswald came to take most of the credit, it is evident that there were many people counting on his success. In conclusion, it is worth noting that the assassination of JFK is a myst ery that has puzzled many. The way it happened and the subsequent events have been some of the discussions that have generated heated debates especially among analysts and historians. Unfortunately, with every re-analysis of the story come new findings serving to thicken the plot. However, readers of the theories fronted by scholars are free to choose the one that makes most sense and in the above discussion it has been argued that the conspiracy theory involving organized crime groups is the most credible. Works Cited Kaiser, David. The Road to Dallas. Cambridge: Harvard University Press, 2008. Print.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More This essay on The assassination of John F. Kennedy: Conspiracy theories was written and submitted by user Pa1ge to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.