Ohio Infant mortailiy rate Essay Example | Topics and Well Written Essays - 750 words

Ohio Infant mortailiy rate - Essay Example The two journal articles are â€Å"The Impact of Prenatal WIC Participation on Infant Mortality and Racial Disparities† (Khanani et al., 2010) and â€Å"Infant death among Ohio resident infants born at 32 to 41 weeks of gestation† (Donovan et al., 2010). The journal article by Khanani et al. (2010) entailed a research project that sought to assess the significance of Special Supplemental Nutrition Program for Women, Infants, and Children as a measure to enhance birth outcomes and reduce racial disparities in Ohio. On the other hand, the journal article by Donovan et al. (2010) entailed a research project that sought to assess the infant mortality rate of Ohio children born at 32 to 41 weeks. Apparently, the two journal articles have different research questions. The article by Donovan et al. (2010) sought to determine the gestational age-specific and the adjusted infant mortality rates for Ohio residents. The journal article by Khanani et al. (2010) sought to establish how prenatal Women, Infants, and Children services influence infant mortality rate and racial disparities in Ohio. Notably, the two articles used a retrospective cohort design to collect data. In the article by Donovan et al. (2010), the research relied on a multivariable regression analyses to collect data on all Ohio births and infant deaths from 2003-2005. In the article by Khanani et al. (2010), the research relied on data from the Ohio Department of Health, Bureau of Nutrition Services, and Department of Vital Statistics. The data collected included infant deaths, live births, and WIC prenatal participants from 2005 to 2008. The research excluded duplicate records and used a Visual Basic program to link the WIC prenatal enrollee data to the live birth data using specific data elements (Khanani et al., 2010). The research also used the infant death certificate to collect infant death data and linked the infant death records using

Marketing Management Essay Example | Topics and Well Written Essays - 3250 words

Marketing Management - Essay Example According to Kotler (2003), customer perceived value (CPV) is the difference between total customer value and total customer cost. Total customer value includes four factors: product value, services value, image value and personnel value; and total customer cost includes time cost, monetary cost, psychic cost and energy cost (Tseng & Et. Al., 2007). The enhancement of the consumer perceived value can be achieved by increasing total consumer value or by reducing total consumer cost. This can be understood better with the help of an example of Wal-Mart, the UK based retail chain of stores. To enhance the consumer value they offer huge assortments in merchandises. There are various options available for the consumers to chose from the various brands and their private level brands. In reduction to consumer cost, Wal-Mart offers ‘everyday low pricing’ strategy. This offering allows the consumers to save certain amount of money through the low pricing strategy of Wal-Mart. This helped Wal-Mart to cater its consumers’ added value through higher level of satisfaction (IMD, 2009). This model suggests that how received and desired values adjust well into a disaffirmation type satisfaction model. The overall satisfaction can be known as the consumer’s judgment in reaction to assessment of understanding with the products and services. When the consumers make an evaluation, they create certain notions, developed from the past and present experiences about the value that they desired. The desired value directs consumers when they structure perception of the products or services whether it has performed excellently or weakly in the utilisation circumstances. The consumer’s derived value is evaluated upon experiences they use on certain attributes of the experiences, performances and consequences. The received value may guide in the creation that is generally

Women strangth Essay Example | Topics and Well Written Essays - 750 words

Women strangth - Essay Example All of this is understood to have contributed to the character of the woman who shuffles her way to town. Not until the end does Welty tell us that Phoenix is making this difficult trip in order to get the medicine her chronically-ill grandson needs in order to breathe. By the end of the story, the character Phoenix Jackson is seen as a fully developed human being despite the short space of time in which she is introduced. Through symbolic imagery and careful organization, Welty is able to present Phoenix Jackson in loving detail as a fully fledged human being rather than simply as a character. At the opening of the story, the reader joins Phoenix at a point on her path where she is in an evergreen forest. This forest is described as being full of springy needles and bright sun. In this story, the pine trees symbolize the springiness and sunshine of youth. Pine wood is a soft wood which means it’s easier to bend it and shape it to new purposes. This is an example of what Phoenix was like as a young girl. In youth, she was still full of bright hopes and dreams that were often â€Å"almost too bright to look at† (142). However, pine wood is also very easy to damage with its softer skin, and Phoenix herself was also vulnerable to these dangers. However, she is no longer so vulnerable as she proves herself capable of defending herself against any rustle she hears in the thicket, â€Å"Out of my way, all you foxes, owls, beetles, jack rabbits, coons and wild animals!’ †¦ Under her small black-freckled hand her cane, limber as a buggy whip, would switc h at the brush as if to rouse up any hiding things† (143). The upward slope of the pine forest symbolizes Phoenix’s maturing out of childhood as much as it can be seen to be the struggle of the black race out of slavery. While that was a difficult struggle in itself, it wasn’t the last hurdle to be overcome

Antigone Essay Example for Free

Antigone Essay Evil not only fascinates people in general, but writers as well. In what ways and with what effect has â€Å"evil† been treated in Antigone? In the play of ‘Antigone’, evil appears in many forms. There is the soldier who is a traitor to his nation; the sister trying to prove her love for her family yet ends up breaking the law; the king who so eagerly tries to stop rule-breakers yet he himself neglects his flesh and blood. Here the difference of the two works is seen: The Earth of Mankind gives the impression that characters of power possess evil, whereas in Antigone, evil can be inside all of these opposing individuals. Polyneices, a soldier who fought against his own nation was to be punished as a traitor by not burying him after his death. When his sister, Antigone, goes against the King’s decree and burry Polyneices, she was also seen as a traitor to her country. However their other sibling, Ismene, who sits at home as Antigone fights for her brother’s right, is also said to have performed a crime of being a traitor to her family. Now something we can see from here is that each and every character involved in the story so far possesses evil. This message is summed up by Sophocles in page 204 of the book, in Ode 1, where it says, ‘O fate of man, working both good and evil! ’ What the writer is trying to convey here is more realistic than what is said in ‘The Earth of Mankind’; both evil and good is naturally inside everyone’s mind. It is one’s choice to do which, but performing a crime is inevitable. Everyone has his or her own ‘evil’ deeds, not only the powerful ones. As seen in my previous explanation on who performs evil deeds in the play of ‘Antigone’, we can see that one evil act leads to another, whereas the chain of good doings ends sooner. Eteocles, who was a soldier and a brother to Antigone, fought bravely for his nation and was buried with honor by the King. Although many respect him for his virtuosity, the play didn’t show that further kindness was done because of him. However, when Polyneices betrays his nation and fought against it, a number of people are forced to perform evil in his affect. Antigone had to break the law in order to give him his right of getting a burial. Ismene, who was too scared to go against the decree, was said to be a traitor to her family, as she didn’t come to assist Antigone in her mission. They then cause Creon to imprison the sisters, punish them, which then cause him to have a fight with his son. Creon then causes death of Haimon, and therefore leads to the suicide of the Queen. On page 243, the messenger says, ‘†¦and her last breath was a curse for their father, the murderer of her sons. ’ A number of misfortunes occur as being the result of one act of evil. The play now gives the effect that evil gives more negative outcomes in comparison to good giving positive results. Here, evil is powerful enough to make such a big impact on its surrounding; bigger than the good. Creon sees Antigone as a traitor to his rules, despite her reasons. Creon imprisoned both Antigone and Ismene for the burial of the nation’s traitor, Polyneices, who is their brother. It is true that Antigone has broken the law, but according to her logic, it is more important to follow the rules of the Gods than the King. She feels that the dead, no matter what they did in their lives, deserve respect and be buried, and that it was her duty to do so as Polyneices’ sister. She didn’t care that she is breaking the decree, and may be punished to die, as long as this task is done. Creon, being a non-believer of the Gods in the beginning, thinks that breaking the law is crime, no matter for what purpose. Polyneices was a traitor and he suffers because of himself, thus no one should help him. On page 211, Creon even said to Antigone, ‘An enemy is an enemy, even dead. ’ There is truth in both arguments, and no one can say what is right. Here, the play depicts that the existence of evil depends on how one views it. ‘Antigone’ treats evil as a subjective topic, where it may be seen as a crime from one point of view, but is actually a good deed from another. No evil deed is done without a reason, and the play shows that one should explore, not only what crime has been done, but also why it was done.

Influences of American Antitrust Principles on Golf

Influences of American Antitrust Principles on Golf Are the Rules of Golf in violation of Antitrust Law? Abstract: Today, the two regulatory bodies for golf, the United States Golf Association (USGA) and the Royal and Ancient Golf Club of St. Andrews (RA) establish the technical specifications for golf equipment. Indeed all major sports would have some regulatory body undertaking the same activity. The purpose of this paper is to analyse the extent to which American antitrust principles will influence the application of Australian antitrust (or competition law) canons to the Rules of Golf. In Australia, the rules promulgated by the regulatory bodies are adopted through its national association, Golf Australia, upon a delegation from the Royal and Ancient Golf Club of St. Andrews. The issues specifically raised are whether regulation of golf equipment improperly excludes innovative products from reaching the market place (ss45/4D of the Trade Practices Act 1974 (Aus) with this provision somewhat equivalent to  §1 of the Sherman Act 1890 (US)), and second, whether the golf regulators are unfairl y exercising market power (s46 Trade Practices Act 1974 (Aus) this section broadly parallels  §2 of the Sherman Act 1890 (US)). With precedential case law emanating from the United States, it is possible, if not probable, that a manufacturer (be they Australian or international) may look to the Australian courts as a medium by which their innovative and ground-breaking product can reach the hands of avid golfers. This article examines the United States litigation and applies it to the above-mentioned competition law principles. It has particular relevance to a United States audience given that American manufacturers dominate the retail market for golf clubs in Australia. A framework will be presented against which sporting equipment regulators can test the validity of their rules regarding equipment restrictions. Whilst golf will be the background for this critique, the analysis is equally relevant for any sport (if not all), which contain such limitations. Introduction There is no doubting the importance of sport to the human psyche. From an Australian perspective it is an inherent part of the Australian persona, developed as part of our culture. Whether it is our wealth, weather, availability of land or some other reason, many Australians participate in any number of outdoor and indoor recreational pursuits that come within the broad rubric of sports. As one of the most prominent activities, golf occupies a specific niche in the Australian community. With approximately 1.139ml (or 8% of the population) playing, the related employment of 20,000 people, club revenues of $1.1bn, 30ml rounds played annually, at least 20 male players on the United States Professional Tour and the number nine ranked female player in the world (Karrie Webb), Australia is rightfully positioned as the worlds number two golfing nation, behind only the United States of America. However, for every golfer frustrated with a short game that begins off the tee, a putter that uncomfortably yips at impact, or a ball that doesnt respect the modern mantra of mental visualisation, a lingering question remains, to what extent do the technology restrictions imposed by the regulators of golf actually protect the fundamental values that lie behind the game? Perhaps more specifically, do the contemporary developments such as the conformance test for the ‘spring-like effect off clubheads, or the limitations on the distance that a ball can travel serve to protect the skill level of the game, or simply restrict competition amongst innovative manufacturers whilst at the same time exasperating the legion of players in the game. Has tradition been preserved at the expense of progress? Development and growth in sporting equipment is about innovation, (if not in society), and on a simplistic level restrictions prevent competition amongst companies who must create to sell th eir product to the consumer. Subject to normal use, golf clubs will last for many years if not decades. To purchase new equipment, the golfer needs to be convinced that the latest contrivance (such as the redirection of the weight in the head of the club; the redesigning of the geometry of the dimples on the golf ball, or the adjustability of the shaft), will see that golfer move imperceptibly closer to the utopian ideal of swing perfection. But the question remains how can a conventional competition law analysis allow sporting administrators the opportunity to engage the game and its participants with its fundamental values, or does sport (as a fundamental part of Australian society) simply need to mend its way to fit within the competition law ideals promulgated and promoted by governments of all persuasions. United States Litigation The genesis for present day litigation has been the United States of America. In a golfing context, two cases dramatically highlight the antitrust implications of the Rules of Golf: Weight-Rite Golf Corp v United States Golf Association and Gilder v PGA Tour Inc. Weight-Rite Golf Corp v United States Golf Association concerned an action brought by a manufacturer and distributor of (among other things) a particular golf shoe. The plaintiff had designed a golf shoe to promote stability and appropriate weight transference in the swing. The USGA issued a determination banning the shoe alleging that it did not conform to the USGAs Rules of Golf. However, Weight Rite argued that the USGA determination amounted to a group boycott or concerted refusal to deal. In the United States, this is per se unlawful under the Sherman Act (in Australia this would be per se illegal under s45 of the Trade Practices Act 1973), no lessening of competition need be established. As noted by the Court these types of practices are: â€Å"agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use†. However, in addition, Weight Rite submitted that even if the per se rule was not applicable, the USGAs action violated the rule of reason, that is, its actions lessened competition. Weight Rite was unsuccessful. The USGA had not violated any procedural fairness requirements nor had an unreasonable restraint of trade occurred. The court found that the USGA had an established procedure for the verification of new equipment, whereby golf equipment manufacturers may, prior to marketing a product, obtain a ruling from the USGA as to whether the product conforms to the Rules of Golf. Given that Weight Rite had not availed itself of this procedure, despite notification to do so from the USGA, injunctive relief was not available to the plaintiff. Gilder v PGA Tour Inc Gilder v PGA Tour Inc concerned, at the time, the most popular selling golf club in the world, the ‘Ping Eye 2. This club was developed following an amendment in 1984 whereby the United States Golf Association had permitted the manufacture of clubs containing grooves that were in the shape of a U (as opposed to a V) this rule change coming about because of technical improvements in the way clubs were manufactured, rather than manufacturers seeking to gain an innovative advancement to their clubs. This contrasted with earlier clubs where the grooves were all the shape of a V- a diagrammatic representation from Figure XI of the current rules of golf shown below. In 1985 a number of players complained that the U-grooves had detracted from the skill of the game. The specific allegation was that U-grooves imparted more spin on the golf ball, particularly when hitting from the rough. The USGA conducted further tests and whilst they considered that more spin was added to the golf ball by the U-grooves, not enough information was available to ban clubs with this type of face pattern. However, the USGA did amend how it would measure the spaces between the grooves (the so-called groove to land ratio) and this had the effect of banning the ‘Ping-Eye 2 with this rule applying to all USGA tournaments from 1990. Gilder and seven other professionals, funded by the manufacturer of the ‘Ping-Eye 2 (Karsten Manufacturing Corporation), began proceedings against the PGA (the administrative body for professional golf tournaments in the United States of America) for adopting the rule that led to the banning of the club. They alleged that the actions of the PGA and its directors violated  §1 and  §2 of the Sherman Act and Arizona antitrust laws. To support its case, Karsten presented, in the United States Court of Appeal, economic evidence that there had been no negative impact for the PGA Tour by professionals using the ‘Ping-Eye 2. This included a quantitative study that the percentage of money won by players using the golf club was less than the percentage of players not using the club. Furthermore, there was no proof that Ping golf clubs led to a greater number of players getting their balls to the green in less than regulation. The evidence of the professionals was as expected that changing clubs would adversely hurt their game, with this impacting on prize money won and endorsement income. By contrast, the PGA considered that success for Karsten would irreparably damage its standing as the governing body. If their reputation were diminished, it would then have difficulty formulating rules for the conduct of tournaments under its control. However, the Court in comparing the harm done to the manufacturer and the p layer, as against the PGA Tour found in favour of the manufacturer. The damage done to the prestige and reputation of the PGA paled in comparison with the financial harm to the players and Karsten. An injunction was granted preventing the ban of the club going ahead and with this in mind, both the USGA and the PGA settled the outstanding litigation with Karsten. This saw Karsten acknowledging the USGA as the principal rule making body, the PGA as the administrative organisation in charge of tournaments with an independent equipment advisory committee established to oversee the introduction of innovations. Both sides claimed victory the USGA and PGA retained their positions as the authoritative rule-setters for golf and tournament play, the manufacturer and players able to continue to use the ‘Ping-Eye 2. With this background in mind, this paper will consider the application of Australian competition (or antitrust) law to the restrictions presently imposed by the regulators within the current Rules of Golf. Are these restrictions hampering competition in the market place and serving to dampen the innovative market in golf clubs. Do they prevent ground-breaking products from entering the competitive fray, and will the deference shown to the sporting regulators in the United States (with Gilder v PGA Tour the exception rather than the rule), be followed if Australian litigation was to occur? Specifically, within the Australian context, does ss45/4D (broadly similar to  §1 of the Sherman Act 1890 (US)) and s46 of the Trade Practices Act 1974 (equivalent to  §2 of the Sherman Act 1890 (US)) prevent Golf Australia (the national administrator of Golf in Australia) from endorsing the technology restrictions imposed by the United States Golf Association and the Royal and Ancient Golf Club of St. Andrews? The Rules of Golf The USGA and the RA have collaborated to issue a joint statement of principles concerning advancements in technology. With a focus on what is perceived as golfs traditions, the rule-makers indicate a continued preference for a single set of rules and the need for these Rules to enhance the skill of the player rather than the quality of the equipment. With this in mind, the Rules of Golf state: â€Å"4-1(a): The players clubs must conform with this Rule and the provisions, specifications and interpretations set forth in Appendix II.† Appendix II then establishes, over the course of eleven pages, the rules regarding the design of clubs, with, for example, clause 4(c) being of contemporary concern because of its effect in limiting the spring-like effect of golf clubs. â€Å"The design, material and/or construction of, or any treatment to, the clubhead (which includes the club face) must not: have the effect of a spring which exceeds the limit set forth in the Pendulum Test Protocol on file with the R&A; or incorporates features or technology including, but not limited to, separate springs or spring features, that have the intent of, or the effect of, unduly influencing the clubheads spring effect; or unduly influence the movement of the ball.† The Pendulum Test Protocol then sets out that a driving club is to be impacted several times by a small steel pendulum (see diagram 2). The time between the impact of the clubhead on the pendulum is then recorded, with this time directed related to the flexibility of the clubhead. The time cannot exceed certain parameters. Pendulum Test Protocol Mechanism The length golf balls can travel is also restricted. Appendix III, clause 5 provides that the â€Å"The initial velocity of the ball must not exceed the limit specified (test on file) when measured on apparatus approved by the [the regulator].† These rules apply in Australia with the Royal and Ancient Golf Club of St. Andrews, through its rules making entity (the RA Rules Limited) delegating to Golf Australia the role of administering the Rules of Golf within Australia. Current Technology Debates As noted the most recent debate between manufacturers and the regulatory bodies concerns the so-called spring-like effect of club faces. The creation and fusion of new materials in the manufacturing process has reduced the distortion that occurs to a golf ball on impact. By reducing this (through the club-face giving slightly and then rebounding), an overall increase in distance was able to be achieved. Until recently, there had been no adequate measure to test this effect, but with the introduction of the Pendulum Test Protocol, the USGA and the RA now have the opportunity to measure this accurately. However, the introduction of these measures led to a sharp decline in the share price of golf club manufacturers, and â€Å"[a]s one investment analyst commented, ‘if a governing body tells a leading-edge technology company that they cant improve technology, it puts them out of business. This debate stands at the fore of golf, with the industry view provided by the President of K arsten Manufacturing: â€Å"If the USGA restricts innovation, it will artificially restrict competition. Golfers will no longer receive the best possible equipment and will incorrectly perceive that all golf drivers are the same and there is nothing new or improved. The lack of excitement from the game will decrease interest in golf†¦Ã¢â‚¬  A second issue concerns the relationship between club face markings and the impact of the ball on the clubhead. As every golfer knows, inexorably connected to driving distance is accuracy. However, recent studies from the regulators highlighted that correlation between driving accuracy and success on the professional tours was no longer high, with further evidence illustrating the combination of current golf balls with a thin urethane cover had significantly increased the spin of the golf ball. This led to the Rules being tightened from January 1, 2008 (with this limiting the width, depth and spacing between grooves). However, non-conforming clubs can be used by non-elite golfers until 2024, with the professional golfers to adopt the rule from 2010. One final contemporary topic concerns the degree to which the club should be able to twist upon impact (the so-called ‘moment of inertia (see diagram 3- this machine able to test how much a club twists upon impact)), the regulators suggesting that technology which limits the clubhead and shaft twisting will reduce the skill component of the game. The rules now provide that when the â€Å"†¦moment of inertia component around the vertical axis through the clubheads centre of gravity must not exceed 5900 g cm ² (32.230 oz in ²), plus a test tolerance of 100 g cm ² (0.547 oz in ²).† As noted by the RA the purpose is to provide for protection â€Å"against unknown future developments†¦whilst allowing some technological evolution.† Moment of Inertia Test Machine Australian Antitrust Law Australian antitrust (or, as it is known, competition law) derives from, though with substantially different wording than, the 1890 United States Sherman Act. Because of this, the previously mentioned litigation from the United States will be of distinct precedential value when the matters are litigated in Australia. In this section an examination is given of the applicability of ss45/4D and s46 of the Trade Practices Act 1974 to the scenario detailed above. Is Golf Australia, through its adoption of the Rules of Golf on a delegation from the regulators in breach of either of these provisions.? The application of ss45/4D of the Trade Practices Act 1974 Section 45(2) of the Trade Practices Act states that: A corporation shall not: (a) make a contract or arrangement, or arrive at an understanding, if: (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition.. The latter part of this legislation can quickly be dismissed. In Australia, golf will not be seen as a discrete market of the purposes of antitrust analysis. For this reason an argument that there is a substantial lessening of competition (s45(2)(a)(ii)) by the imposition of technical restrictions for a particular sport is unsustainable. The per se exclusionary provision prohibition established by section 45(2)(a)(i) is somewhat equivalent to  §1 of the Sherman Act 1890 (US) however, one important difference can be noted. As Weight-Rite and Gilder highlight, the jurisdictional applicability of  §1 of the Sherman Act 1890 cannot be argued. By contrast, it is suggested that this would not be the position in Australia. The critical difference between the Australian legislation and the United States section is that in the former nation, s45(3) of the Trade Practices Act 1974 requires a competitive market or that the cartel parties be in competition with each other. Whilst this does not require all parties to be competitors, with golf regulators not retailing or manufacturing golf clubs, the underlying sense of collusion so critical to s45 litigation is absent. The definition of exclusionary provision in s4D is even more explicit. This requires that the arrangement must be between people who are competitive with each other thus mandating a horizontal component to the understanding. A further reason for the unavailability of s45 is that sporting organisations will often be seen as single economic units, rather than distinct entities. The importance of this if the two bodies are not viewed as separate, collusion is not possible. United States authority supports this reasoning. For example, in Seabury Management Inc v Professional Golfers Association of America Inc., a trade show promoter (Seabury), brought an action against the Professional Golfers Association (PGA) and a member section, the Middle Atlantic Section Professional Golfers Association of America (MAPGA), alleging that a five year contract between Seabury and MAPGA gave Seabury the right to use MAPGAs name and logo to conduct and promote a golf trade show anywhere in the United States. MAPGA claimed, on the other hand, that the contract limited any MAPGA-sponsored golf trade show to an area within the MAPGAs territorial boundaries. The case proceeded to trial with Seabury alleging, among other things, that both the PGA and MAPGA had colluded in violation of  §Ã‚ §1 and 2 of the Sherman Act and of Marylands antitrust laws. Initially the jury returned a verdict for Seabury, finding that the PGA and MAPGA were not part of a single economic unit and that the PGA had conspired with MAPGA (and also with the Golf Manufacturers and Distributors Association) to illegally restrain trade. However, this was overturned on appeal. The Appellate Court concluded that the PGA and MAPGA were incapable of conspiring and that on this issue, judgment as a matter of law in their favour was appropriate. The court said that while the MAPGA is not a wholly-owned subsidiary of the PGA and these entities are separately incorporated, the evidence at trial established that the PGA and its member sections function as a single economic unit with the PGA possessing ultimate control over the actions of individual sections. The court found it significant that the sections are governed by the PGA Constitution, by policies adopted either at PGA annual meetings or by the PGA Board of Directors, and by other pertinent policy documents such as trademark licensing agreements. In addition, the sections actions must be approved by the PGA to ensure that they are in the best interests of the organisation as a whole. For example, when the MAPGA sought to enter into the contract and its amendments with Seabury, the PGA had to approve these actions, and in this instance the PGA did approve the contract. The Application of s46 of the Trade Practices Act 1974 Another basis for possible antitrust breach by Golf Australia (through its unquestioning adoption of the Rules of Golf) is s 46: â€Å"(46) A corporation that has a substantial degree of power in a market shall not take advantage of that power for the purpose of: a) eliminating or substantially damaging a competitor of the corporation or of a body corporate that is related to the corporation in that or any other market; b) preventing the entry of a person in that or any other market; or c) deterring or preventing a person from engaging in competitive conduct in that or any other market.† The purpose of this section is clear. It is about protecting economic aims, promoting the competitive process and through that the consumer. Therefore does the regulatory control of golf equipment by Golf Australia depress competitive outcomes and reduce consumer (golfer) welfare? Have the Rules operated to depress the capacity of existing firms to innovate, and new firms to enter the market? Three elements must be met before s46 can be successfully invoked. i) Market power by a corporation; ii) The corporation must take advantage of that market power; iii) And, the taking advantage must be for a proscribed purpose. Market Power It is suggested that Golf Australia has market power. As the monopolist regulatory agency for Australia (its authority derived from one of the two Leviathans of world golf (the RA in this instance), Golf Australia can act by adopting rules free from the constraints of competition. Market power can also be established by contracts, arrangements or understandings that the corporation has with another party in the case the agreement between Golf Australia and the RA. This is supported by the significant barriers to entry that any new regulatory agency would have to establish most notably affiliation with the Royal and Ancient Golf Club of St. Andrews or the United States Golf Association. One suspects that it simply would not be â€Å"rational or possible for new entrants to enter the market,† golf also not interchangeable with other sports. Has there been a Taking Advantage Assuming that market power has been established, the next query becomes whether there has been a taking advantage of that market power. In Pacific National (ACT) Limited v Queensland Rail, the Federal Court enunciated 10 principles as a guide to the construction of the phrase take advantage in s46 of the Trade Practices Act 1974. 1. There must be a sufficiency of the connection, or a causal connection, between the market power and the conduct complained. 2. If the impugned conduct has an objective business justification, this will go against the existence of a relevant connection between the market power and the conduct. 3. The words take advantage do not encompass conduct that has the purpose of protecting market power but no other connection. 4. In deciding whether a firm has taken advantage, one must ask how it would have behaved if it lacked power and whether it could have behaved in the same way in a competitive market. 5. It may be proper to conclude that a firm is taking advantage of market power where it does something that is materially facilitated by the existence of the power. 6. The conduct must have given the firm an advantage it would not have had in the absence of market power. 7. The test may be whether the conduct was necessarily an exercise of market power. 8. One of the difficulties in dete rmining what constitutes taking advantage stems from the need to distinguish between monopolistic practices and vigorous competition. 9. The purpose of s46 is the promotion of competition — it is concerned with the protection of competition, not competitors. 10. It is dangerous to proceed from a finding of proscribed purpose to a conclusion of the existence of a substantial degree of market power that can be taken advantage of — to do so will ordinarily be to invert the reasoning process. In other words s 46 is not directed at size or at competitive behaviour, as such. What is prohibited, rather, is the misuse by a corporation of its market power. In addition, s46(4)(a) provides that the reference to power in s 46(1) is a reference to market power the power to be taken advantage of must be market power and not some other type of power. A corporation which satisfies the threshold test by reason of its market power is not permitted by s. 46(1) to take advantage of that power for the purpose of one or other of the objectives set out in paras. (a), (b) and (c). The term take advantage in this context indicates: that the corporation is able, by reason of its market power, to engage more readily or effectively in conduct directed to one or other of the objectives in paragraphs (a), (b) and (c); it is better able, by reason of its market power, to engage in that conduct; its market power gives it leverage which it is able to exploit and this power is deployed so as to take advantage of the relative weakness of other participants or potential participants in the market. Whether this is so in a particular case is a matter to be inferred from all the circumstances. In so doing, three critical points must be made: i) In determining whether there has been an objective taking advantage of market power, the phrase is not meant to imply that there must be a hostile or malicious intent to the use of the market power. There is to be no ‘indefinite moral qualification to the phrase ‘taking advantage. Section 46 is not dealing with social policy. ii) To answer the question whether there has been a taking advantage, the counterfactual is explored, that is, would the regulatory authorities have acted in the same way in competitive conditions. Conduct that may not normally be of concern, can â€Å"take on exclusionary connotations when practiced by a monopolist.† iii) The final critical point is that it is not permissible to establish a proscribed purpose and then to reverse engineer from this to find that there has been a taking advantage of market power. Taking advantage is a separate element that must be proven exclusively of any proscribed purpose. To do something other than this is to flaw the analysis. It is not possible to conclude that because one has the proscribed purpose of eliminating a competitor, that they have taken advantage of market power. â€Å"Competitors almost always try to ‘injure each other†¦This competition has never been a tort†¦ and these injuries are the inevitable consequence of the competition s46 is designed to foster.† With these principles in mind, would (or could) Golf Australia have acted in a different way, if the market conditions were competitive? Arguably, the answer is no. Golf is a global sport at both professional and amateur level and with the control, financial influence, and contemporary dominance of the USGA and the RA, Golf Australia would have to act the same way in a competitive market. The potential for Australia, despite our relative success on the world stage, to develop or go it alone in terms of equipment and rule regulation would not exist. With major American companies dominating world golf club manufacture, the presence of a second regulatory body, competing with Golf Australia would not alter the fact that sporting equipment regulation would still be mandated by overseas entities. A new entity, (as with Golf Australia) simply would not have the political or financial strength to act differently than that dictated by the USGA and the RA. For a Proscribed Purpose Assuming that market power and the taking advantage of this was established, the third element is that Golf Australia would have had to have acted for a proscribed purpose. Can it be said that Golf Australia (a non-profit entity) has objectively acted to eliminate, hinder or somehow prevent competition in a market. This requirement is arguably more easily met in the context of ‘for profit organisations. In Monroe Topple Associates v Institute of Chartered Accountants the non-profit nature of the Institute did not necessarily lead to a finding of an improper purpose, but â€Å"[did] tend to point against such a finding.† It is suggested that it would be difficult to establish the purpose element. Golf Australia gains nothing by putting golf equipment manufacturers out of business indeed it would seem to be in the interests of the regulator to promote healthy innovative competition amongst the manufacturers, with this leading to reduced prices for clubs and growth in the number of players. In a different context, a similar conclusion was reached by the Full Federal Court in Australasian Performing Rights Association Ltd (APRA) v Ceridale Pty Ltd. APRA refused to provide a licence for a nightclub unless unpaid fees by Ceridale were paid. While its actions may have led to a nightclub closing, its purpose was not to put the company out of business, but simply to preserve the integrity of its licence system. By analogy, the role of Golf Australia in endorsing the rules of the USGA and the RA is not about putting golf equipment manufacturers out of business, but about preserving what it perceived to be the traditions of the game. An Objective Business Justification Given what has been previously outlined, a breach of s46 appears unlikely. Whilst Golf Australia would have market power, it could not be shown that it would have acted differently in a competitive market (hence no taking advantage of that power), nor could it be demonstrated that it acted for a proscribed purpose. However, it is suggested that there is an even stronger basis by which Golf Australia would be able to defeat any allegation that it had taken advantage of its market power. This relies on Golf Australia establishing an objective legitimate business justification as to why it has accepted and promulgated these technical rules as the basis for regulation of golf equipment in this country. If this justification is accepted, then the conclusion is that there has been no taking advantage of market power the business was simply doing what would normally be done in a competitive market. In essence, it is the flipside of the counterfactual test, but in this context appeals to th e reason why sporting administrators and regulators are needed that is to establish and run fair competitive competitions and to encourage participation in the sport by all, with results determined on skill and not on luck. It seeks to connect the conduct of the market participants to

Impact of Airports Political, Environmental and Social

Impact of Airports Political, Environmental and Social Airports play an important economic role within their local communities. Airports serve a significant role in the economic shaping of the communities of which they serve due to the sheer actuality that they are among the largest public facilities in the world. It is well understood that a viable and efficient transportation system is a fundamental and necessary component to the economy of any region (Wells Young, 2004). Although there is no doubt that the presence of an airport has great positive impacts on a surrounding community from an economic standpoint, the presence of an airport, much like any large industrial complex, unfortunately impacts the community and surrounding natural environment in what many consider a negative manner. These effects are a result of activity whose sources is the airport itself and of vehicles, as well as both aircraft and ground vehicles, which travel to and from the airport (Wells Young, 2004). Examine the political, environmental and social impact an airport has on its local community. Analyze some rules and regulations that govern environmental impact activities, and explain how their strategies help satisfy the needs of the local communities while maintaining sufficient airport operations. Determine and evaluate the role technology plays in mitigating the risks and reducing the environmental impacts created by airport activity. Determine if a relationship exist between community economic growth indicators and airport activity. Program Outcome addressed by this question. 1. P.O. #1: Students will be able to apply the fundamentals of air transportation as part of a global, multimodal transportation system, including the technological, social, environmental, and political aspects of the system to examine, compare, analyze and recommend conclusion. A literary review will analyze the environmental impacts of airports on the surrounding communities in which they serve. An evaluation of environmentally related complaints filed against aviation activity and reported to the FAA will determine the most significant environmental impacts associated with airports. Predicting the future of the global multimodal air transportation system is impossible without first understanding the local role and responsibility of each component of the air transportation system. This question will show evidence of satisfying the Program Outcome by demonstrating how the social, economical, political, and environmental fundamentals of an airport are an integral part of the air transportation system, and how these factors contribute to the relationship that an airport has with its surrounding communities. Research and Analysis Airports serve a significant role in the political, economic, and social shaping of the communities of which they serve due to the sheer actuality that they are among the largest public facilities in the world. Political Roles A major commercial airport is a huge public enterprise. Some are literally cities in their own right, with a great variety of facilities and services (Wells Young, 2004). Although the administrative functions and responsibilities of these facilities are governed by public entities, airports are also comprised of private dispositions. Commercial airports must be operated in cooperation with the air carriers that provide air transportation service and all airports must work with tenants, such as concessionaires, fixed-based operators (FBOs), and other firms doing business on airport property. This amalgamation of public management and private enterprise fashions a unique political role for airport management (Wells Young, 2004). Airline carrier-airport relationships. One of the most prominent and essential relationships in the aviation industry is the airport airline relationship. When viewing the relationship from the airlines standpoint, an airport is a point along their route system for the purpose of enplaning, deplaning, and transferring passengers, cargo, and freight. To facilitate effective and efficient operations, the airlines necessitate specific facilities and services at each airport. The specified requirements of the airports are as varied and unique as the airlines who request them; however, they scarcely remain stagnant, as they are ever changing and evolving to meet the needs of traffic demands, economic conditions, and the competitive climate. Before airline deregulation in 1978, response to changes of this sort was slow and mediated by the regulatory process. Airlines had to apply to the Civil Aeronautics Board (CAB) for permission to add or drop routes or to change fares. CAB deliberations involved published notices, comments f rom opposing parties, and sometimes hearings that could take months, even years, and all members of the airline airport community were aware of an airline carriers intention to make a change long before they received permission from the CAB (Wells Young, 2004). The Deregulation Act of 1978 enabled air carriers to change their routes and fares without awaiting the approval of the CAB. Many of these changes occurred on short notice, thus causing airline necessities and requirements at airports to change with haste. Contrary to the viewpoints of air carriers, which operate at multiple airports over a route system connecting many cities, airports concentrate on accommodating the interests of a variety of users at a solitary location. Airport operators and managers have the strenuous task of ensuring that they meet all the demands and requirements of their airline carriers while maintaining their resources. Due to the rapidly changing specifics of each airline carrier, airports often find their services and facilities needing improving or refurbishing, requiring major capital expenditures or even making obsolete an already constructed facility. Airport operators and managers must exercise diligence and caution in realizing that they accommodate and must meet the needs of other tenants and users besides the airline carriers, and must ensure that the airports landside facilities are effectively and efficiently utilized. Although the landside facilities are of minimal importance to the airline carrie rs, their efficiency can severely have an effect on and be affected by their operations. Despite their notably different perspectives, airline carriers and airports share the collective objective of making the airport a successful and established economic venture in which both parties can benefit and prosper from. Traditionally the relationship between the airline carriers and airports has been formally fused through the use of airport user agreements which establish the circumstances and methodology for establishing, calculating, and collecting usage fees and charges. These agreements are also used to identify the rights and privileges of air carriers, sometimes including the right to approve or disapprove any major proposed airport capital development projects (Wells Young, 2004). Residual cost airports, or airports where two or more air carriers assume financial risk by agreeing to pay any cost of running the airport that are not allocated to other users, typically have longer-term use agreements than compensatory airports, with agreements of terms of 20 or more year s and terms of 30 years or longer not being uncommon. On the other hand, only approximately half of compensatory airports, or airports in which the airport operator assumes the financial risk of running the airport and charges the air carrier fees and rental rates set so as to recover the actual costs, have agreements running for 20 years or more, with many of the compensatory airports having no contractual agreements whatsoever with the airline carriers (Wells Young, 2004). Concessionaire-airport relationships. Another vital relationship which attributes to an airports success is the relationship between the airport and the concessionaires. This is due to the fact that the majority of airports rely on their concessionaires in order to generate a considerable amount of their non-aviation related revenues. Airports maintain management contracts and concession agreements with the concessionaires who provided the airport with services and facilities such as banks, restaurants, hotels, car rental companies, parking facilities, bookstores, bars, gift shops, taxi services, and business centers. The context of these agreements varies to a great extent; however, they typically extend the various concessionaires the privilege of operating on the property of the airport in exchange for the greater payment of either a minimal annual fee, or a percentage of the revenues. These agreements can vary from outlet to outlet at the same airport depending upon location, nature of business, forecast turnover and whether or not the outlet is new (Francis et. al, 2004). The tenure of each agreement between the airport and the various concessionaires and the financial circumstances affixed to each will vary by airport and concessionaire. The length of the contractual agreement is dependent upon an array of criteria, with one of the most important being the level of investment required from the retailer. If little investment is required then a contract is often short term; however, if any substantial level of investment is required from the retailer then a contract of five years would be considered the minimum (Freathy OConnell, 1999). A concessionaire who is often overlooked when speaking of concessionaire, despite its critically important role, is the fixed based operator (FBO). FBOs generally provide services for airport firms, users, and tenants lacking facilities of their own, typically through fuel sales, and aircraft repair, service, and maintenance facility operations. The contracts and agreements between airport operators and FBOs vary due to FBOs constructing and developing its own facilities on airport property in some cases, and FBOs simply managing facilities belonging to the airport in other cases. In addition to concessionaires, some airport authorities serve as landlord to other tenants which may reside and operate on airport property such as industrial parks, freight forwarders, and warehouses, all of which can provide significant revenue. It is the responsibility of airport management to maintain fruitful political relationships with all tenants, by ensuring reasonable lease fees, contract terms, and an overall mix of tenants that meet the needs of the airport and the public it serves (Wells Young, 2004). General aviation-airport relationships. In contrast to airline carriers and concessionaires, contractual agreements are rarely used to characterize and solidify the relationships between airport operators and general aviation (GA). GA is a diverse group which can be comprised of GA aircraft owned and operated by an assortment of organizations and individuals for a miscellaneous number of leisure, business, or instructional purposes. Agreement when they are in place, are seldom long term due to the variety and diversity of owners and aircraft type and use. Airport facilities, in particular storage space such as hangars and tie-downs, are often leased from the airport with the airport playing the role of landlord in a landlord-tenant relationship. Thus, at the airport, the primary needs of GA are parking and storage space, along with facilities for fuel, maintenance, and repair. Whereas as air carrier might occupy a gate for an hour to deplane and enplane passengers and load fuel, a GA user might need to have property space to park an aircraft for a day or more (Wells Young, 2004). Airport-public relations. Indubitably, one of the most vital and challenging relationships that an airport must foster and maintain, is the relationship between the airport and its community it serves. The overall goal of the airport must be to create goodwill and a positive reputation for the airport and its products, services, and ideals with the community, who can affect its present and future welfare. Without regards to the size, location, or activity scope of an airport, every airport four publics in which it must deal with. These publics include the 1) external business public, which includes all segments of the business, government, educational, and general flying public; the 2) external general public, which is all the local citizens and taxpayer, many of whom have never been to the airport but who vote on airport issues or who represent citizens groups with particular concerns; the 3) internal business public, which includes the businesses and enterprises who interests are tied directly to the airpor t-the airlines, FBOs, other members of the GA community, government officials, and other aviation and travel-oriented local businesses and trade organizations, and the employees of all these enterprises; and the 4) internal employee public comprised of everyone who works for the airport and its parent organization (Wells Young, 2004). Like any other facility that is a part of and serves the total community, the airport requires total understanding by its community and publics, and must ensure that it creates an environment and atmosphere of awareness and acceptance. Airport regulatory policies. The airport has many organizations who are profoundly interested in their operations, and in developing and preserving airports due to their role in the national air transportation system and their value to the communities and publics they serve. The primary goal of these groups is to provide political support for their causes with hopes to influence federal, state, and local laws concerning airports and aviation operations in their favor (Wells Young, 2004). Some of the most prominent groups include the Aerospace Industries Association (AIA), the Aircraft Owners and Pilots Association (AOPA), the Air Line Pilots Association (ALPA), the Airports Council International-North America (ACI-NA), the Air Transport Association of America (ATA), the American Association of Airport Executives (AAAE), the Aviation Distributors and Manufacturers Association (ADMA), the Experimental Aircraft Association (EAA), the Flight Safety Foundation (FSF), the General Aviation Manufacturers Association (G AMA), the Helicopter Association International (HAI), the International Air Transport Association (IATA), the National Agricultural Aviation Association (NAAA), the National Air Transportation Association (NATA), the National Association of State Aviation Officials (NASAO), the National Business Aviation Association (NBAA), the Professional Aviation Maintenance Association (PAMA), and the Regional Airline Association (RAA). Economic Roles Unquestionably, airports are economic locomotives and a reflection of the community, publics, and region in which they reside, serve, and represent. Transportation, by definition, provides the ability for people and goods to move between communities, thus leading to trade and commerce between markets, which in turn, lead to jobs, earnings, and overall economic benefit for a communitys residents (Wells Young, 2004). Transportation role. Despite the fact that there are numerous modes of transportations, to include automobiles, trains, trucks, and ships, air travel has had a significant impact on trade and commerce that is absolutely unrivaled by any other transportation mode. In comparison to their sister modes of transportation, travel in the aviation system allows substantial amounts of passengers and cargo to travel internationally in relatively short periods of time, resulting in communities garnering extraordinary and exceptional economic benefit through providing them access to various world-wide markets. Stimulating economic growth. The airport has become vital to the growth of business and industry in a community by providing air access for companies that must meet the demands of supply, competition, and expanding marketing areas. Economic impacts of airports are measured according to direct impact and indirect, or induced, impact. Directs impacts include the economic activities carried out at the airport by airline carriers, airport management and operators, FBOs, and other firms, and tenants with a direct involvement with aviation. Airports and the agencies and tenants that directly impact the airports represent a major source of employment for their various outlying communities, with the wages and salaries earned by the employees of airport-related business having a significant direct economic impact on the local communities economy by providing the means to purchase goods and services while generating tax revenues as well. Local payrolls are not the only measure of an airports economic benefit to the commun ity. In addition, the employee expenditures generate successive waves of additional employment and purchases that are more difficult to measure, yet nevertheless substantial (Wells Young, 2004). Total Airport Earnings and Employment (Earnings in Millions) Category Earnings Jobs Salaries $208.91 4,870 Local Fuel Purchases $3.99 237 Local Non-Fuel Purchases $4.23 252 Rent $18.35 723 Equipment Purchases $1.39 82 Utilities $8.07 318 Contractual Services $41.77 1,647 State Taxes $10.16 125 Local Taxes $27.42 338 Other Spending $73.14 901 Hotel Spending $42.20 2,234 Construction $19.11 743 Total $458.74 12,471 * Totals may not add due to rounding Table 1: Louis Armstrong New Orleans International Airport (MSY) 2004 earnings and employment. Taken from MSY 2004 Airport Report In addition to the direct economic impact generated by the airport, the outlying communities receive indirect, or induced, impact generated by economic activities by on-airport businesses and off-airport business activities associated with the airport through-put, such as hotels, gas stations, restaurants, and travel agencies, as well their roles in facilitating trade and tourism, among others. The airport also indirectly supports the local economy through the use of local services for air cargo, food catering to the airlines, aircraft maintenance, and ground transportation on and around the airport, as regular purchases of fuel, food, goods, supplies, equipment, and other services permeate additional income into the communities surrounding the airport. The local economys tourism and business convention industry can also receive economic growth and substantial revenues indirectly impacted by the airport through air travelers patronage and use of hotels, restaurants, retail stores, sp orts and night clubs, rental cars, and local transportation, among others. Beyond the benefits that an airport brings to the community as a transportation facility and as a local industry, the airport has become a significant factor in the determination of real estate values in adjacent areas. Land located near airports almost always increases in value as the local economy begins to benefit from the presence of the airport. Land developers consistently seek land near airports, and it follows inexorably that a new airport will inspire extensive construction around it (Wells Young, 2004). TOTAL TAX REVENUE CREATED (In millions of $s) CATEGORY INCOME State Direct $9.95 Income $7.18 Selective Sales $7.52 General Sales $8.90 Business $2.48 Total State $36.04 Local Sales $10.57 Local Direct $23.83 Local Property Taxes $0.97 Total Local $35.38 State Plus Local $71.41 * Totals may not add due to rounding Table 2: MSY Tax revenue created 2004. Taken from MSY 2004 Airport Report Airports are a major force and contributor to the local, regional, and national economy with an impact that goes well beyond the actual physical boundaries of the airport. As cargo and passenger continue to rise, and infrastructure continue to improve, the importance and impacts of airports as economic catalyst will also continue to increase. Environmental Roles Although there is no doubt that the presence of an airport has great positive impacts on a surrounding community from an economic standpoint, the presence of an airport, much like any large industrial complex, unfortunately impacts the community and surrounding natural environment in what many consider a negative manner. These effects are a result of activity whose sources is the airport itself and of vehicles, as well as both aircraft and ground vehicles, which travel to and from the airport (Wells Young, 2004). Noise Impacts. Conceivably the most noteworthy environmental impact associated with airports is the noise emanated by the taking off and landing of aircraft, with engine maintenance and taxiing aircraft following closely behind. The impact of such noise on communities is usually analyzed in terms of the extent to which the noise annoys people by interfering with their normal activities, such as sleep, relaxation, speech, television, school, and business operations (GAO, 2000). According to a 1978 study that has become the generally accepted model for assessing the effects of long-term noise exposure, when sound exposure levels are measured by the method that assigns additional weight to sounds occurring at night (between 10 p.m. and 7 a.m.), and those sound levels exceed 65 decibels, individuals report a noticeable increase in annoyance (Schultz, 1978). There is increasing evidence that high exposure to noise has adverse psychological and physiological effects and that people repeatedly exposed to loud noises might exhibit high stress levels, nervous tension, and inability to concentrate (Wells Young, 2004). Since the beginning of aviation, airports have always had conflicts with their neighboring communities; however, noise did not become an issue until the 1960s introduction of the commercial jet. It is estimated by the Federal Aviation Administration (FAA) that between 1960 and 1970, the land area affected by aviation-related noise and the complaints they received with noise as the culprit increased sevenfold.

Analysis of The Bull Moose :: Bull Moose Essays

Analysis of The Bull Moose "The Bull Moose" by Alden Nowlan is a finely crafted poem which reminds us of how far man has strayed from Nature. Through a carefully constructed series of contrasted images, Nowlan laments, in true Romantic fashion, man's separation from Nature. The strength of the old moose is impressive. On his death march, he nonetheless comes "lurching" and "stumbling" in ponderous and powerful strides to "the pole-fenced pasture''- the edge of civilization. A crowd quickly gathers, a crowd of men and women, old and young - all notable for their insensitivity and lack of respect. They confuse the moose with one of their own domesticated animals, like the cattle or collie or gelded moose or ox, failing to see the nobility and ancient wisdom of this moose from "the purple mist of trees." The scene becomes obscene as men "pry open his jaws with bottles" and "pour beer down his throat." The symbolic crown of thistles hammers home the innocent suffering perpetrated by these giggling and snickering buffoons. But this moose is no "shaggy and cuddlesome" doll. Living in freedom beyond the fences of civilization, this king of the spruce, cedar, and tamarack meets his degraded executioners with overwhelming power. The deep roar of this magnificently horned ancient "blood god" contrasts sharply with the puny and cowardly whine of the automobile horns. Nowlan's sympathy for the moose and his disgust for mankind is forcefully expressed in a natural free verse. This poem calls us to rethink the arrogant self-righteousness we hold toward Nature. By fencing ourselves in, perhaps we shut ourselves away from those qualities necessary to make us truly human. Teachers Comments: This essays strives to be concise, i.