Friday, September 13, 2019

EU LAW KECK DECIDED Essay Example | Topics and Well Written Essays - 2000 words

EU LAW KECK DECIDED - Essay Example The initial issue in the case was that court did not derail from the earlier notion about the idea of a measure that had an equal consequence to quantitative confinement on imports, which further triggered confusions between the provisions of Article 28 and 30. While rendering the decision in the two cases, the court agreed with the fundamental belief in Dasonville [Procureur du Roi v. Dassonville et al, Case 8/74, (1974) E.C.R. 837, 852, (1974) 2 C.M.L.R. 436, 448] & [Keck, [1994] E.C.R. 1-6097, 6130]. The purpose to obstruct intra-community dealing, when judging this was not a prerequisite for finding a violation in Article 30 [Schutzverband gegen Unwesen in der Wirtschaft v. Weinvertreibs-GmbH, Case 95/82, [1981] E.C.R. 1217, 1226]; P.B. Groenveld BV v. Produktschap voor Vee en Vlees, Case 15/79, [1979] E.C.R. 3409, [1981] 1 C.M.L.R. 207, 211 & EC Commission v. United Kingdom, Case 40/82, [1982] E.C.R. 2793, 2825-26, [1982] 3 C.M.L.R. 497, 535]. Even though, there was dissatisfaction regarding reasoning in Torfaen case, preceding to the Keck case1, it was unambiguous that court had acknowledged all actions being wedged with such measures that had an equivalent effect, but were warranted to be reasonable socio-economic strategy options [ Torfaen, [1989] E.C.R. 3851, [1990] 1 C.M.L.R. 33; Union departementale des syndicats CGT de lAisne v. SIDEF Conforama et. al., Case C,-312/89, [1991] E.C.R. 1-997, 1025, [1993] 3 C.M.L.R. 746, 767; The State of Belgium v. Andre Marchandise, Case C-332/89, [1991] E.C.R. 1-1027, 1041, [1993] 3 C.M.L.R. 746, 767 & Stoke-on-Trent, (1992] E.C.R. 1-6335, [1992] 1 C.M.L.R. 426, 464].At the time of hearing and judgments preceding Keck, the court also conferred on various selling practices and procedures [The Republic (France) v. JeanMarie Delattre, Case C-369/88. [1991] E.C.R. 1-1487, [1993] 2 C.M.L.R. 445; SCP Boscher, Studer et

Thursday, September 12, 2019

New Testament 'Queer' interpretations Essay Example | Topics and Well Written Essays - 3000 words

New Testament 'Queer' interpretations - Essay Example Christians regard the Bible as a record of God’s connection with mankind, written by persons who were inspired by Him. Imbedded in the Bible are teachings that show which deeds are judged as good or sinful by God. Conservative Christians consider the Bible as infallible in that it is a direct representation of God’s word, which represents their ultimate source for belief and behaviour. Eastern Orthodox Christians consider the Bible as totally originating from Jesus Christ’s apostles (without involvement of divine inspiration by God). The Christian Left considers the Bible as a fallible record that is the result of a little divine inspiration, but which is tainted by defects arising out of being recorded, reproduced, censored and updated by men other than Jesus Christ. Non-believers look upon the Bible as a collection of traditional local stories that contain a moral message; however the morality from which those messages are taken is obsolete and old fashioned.1 Jesus Christ. It contains 4 Gospels (by Matthew, Mark, Luke and John), and several Epistles by other apostles, most notably by Paul. There are several passages in the New Testament that refer to homosexuality. In the Epistle to the Romans 1: 26-27 (King James Version of the Bible {KJV}), the apostle Paul wrote: â€Å"Because of this, God gave them over to shameful lusts. Even their women exchanged natural relations for unnatural ones. In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed indecent acts with other men, and received in themselves the due penalty for their perversion.† This passage has been singled out as the one and only specific reference to female homosexuality or lesbianism in the New Testament, and it is the only passage where male homosexuality and female homosexuality are both denounced as deviations against the divine order [PENNA]. It is important to analyse the words of

Wednesday, September 11, 2019

Role of primary care physicians in obesity prevention and management Essay

Role of primary care physicians in obesity prevention and management in the U.S - Essay Example The principal research objective is to examine the gaps that exist in primary care particularly in managing obesity. Further, the research seeks to identify barriers that impede physicians from helping obese patients manage their weight. The research is, therefore, projected to pave way for better comprehension of healthcare delivery system from a weight and related ailments management perspective. Given the fact that scientific knowledge in regard to this healthcare service delivery system is not extensive, the proposed study will draw together extant information and present research based recommendations on how primary care physicians can contribute more to obesity management. Given primary care physicians’ direct connection to obese patients and their health information, they are best placed to aid in weight management and avoidance of obesity comorbidities, as long as, they effectively overcome prevailing impediments. Grant et al.’s study focuses on the roles entrus ted to bariatric physicians or medical practitioners who specialize in weight management. This study is instrumental to the research, since it provides insight into aspects in which primary physicians can be trained to make them proficient in obesity management. Sebiany’s research article provides important insight into the responsibilities expected of primary physicians in effective management of obesity, as well as, perceived obstacles to this efficacy. The journal article will be invaluable in development of the principal argument of the paper.

Tuesday, September 10, 2019

Exam answer3 Essay Example | Topics and Well Written Essays - 750 words

Exam answer3 - Essay Example e the following: local resource munificence, current and future competition for scarce resources, sectoral trends, social, legal and political conditions. Government regulation and taxation, interest rates and exchange rates are also examples of external forces that influence the growth of the firm. The stage models of development provide the best theories explaining the growth of the business and perhaps that’s why it is preferred by most practitioners. However, the stage models have a number of limitations which at times make discourage its use. Firstly, the model is too general, making its applicability a challenge to firm owners. For instance, it is difficult to determine what, how and why states change from one to another. Further, it is difficult to determine how the answers to the above questions are modified by a range of contextual variables. Research on external factors like demand and competition is done during the first stage of development, which is the existence stage. It does not provide answers as to what can be done if for example consumers change taste. For this reason, I can recommend the industrial organization model, which uses the game theory extensively. In this case, the industrial organization model focuses on competition in the market and variou s ways of countering firms that pause completion. The other setback for developmental model is that it depicts a linear pathway and it doesn’t consider branching away from this pathway. This means that the firm may not make changes to the model in the process of its growth should there be changes both in the internal and external environment. The company may as well become extinct at a given stage of development. This is unlike the organizational ecology theory, which emphasizes on understanding the conditions under which a company emerges, grows and dies (Tushman and Romanelli 2008, p.174). The theory focuses on various factors that may lead to organizational mortality, and thus the

Monday, September 9, 2019

Marketing, Advertising and Public Relations Practice Essay

Marketing, Advertising and Public Relations Practice - Essay Example However, Boyd and Fales (1983), defined reflective practice as being the general process of exploring and internally examining a particular issue of concern, this process is usually seen to be triggered by an experience that results in one seeking to attempt and clarify new meaning to self and thereafter changing their own conceptual perspective. Some of my Strength and Weaknesses that would Appeal / not Appeal to a Potential Employer Based on My work This Semester During my studies this semester, I had the pleasure of discovering and developing a set of new attributes that will prove to be of innumerable benefit to my work life and would be quite appealing to a potential employer. Some of these benefits include: My Innate Ability to work under intense pressure while requiring little to almost no Supervision During my studies this semester, I found that I was able to sufficiently work on my own self without having any supervision. This ability came to the fore when circumstances nece ssitated that I spend a considerable amount of time away from school. I was worried about some upcoming examinations and took it upon myself to ensure that I sufficiently studied and performed a number of various exercises that would help me to perform well in the examination. Upon returning to school, I was able to write my paper very well and post very good results. This ability could prove very useful to my employers as I would be able to effectively perform my work duties without requiring any supervision. My ability to keep a level head while facing intense work pressure would also be of benefit to any employer (Greene, 2012). My Leadership Skills Growing up in a midsized family with a number of siblings, I have always had ample opportunity to gradually develop my leadership skills. This skills have further been honed as a result of my engagement in a number of club activities where I have been elected to several leadership positions. I have also had the opportunity of being in volved in a number of academic group works that have required me to rally and encourage my team members towards striving to complete our assigns. I have always been able to effectively do this resulting in very good results. As such I feel that my leadership skills would prove to be an invaluable asset to any potential employer (2008). My Time Management Skills and Punctual Nature I have always been very punctual since my early childhood after I chanced to learn the values that are found to commonly be associated with punctuality the hard way. During my early childhood, I used to frequently exhibit signs of tardiness, this used to land me into a lot of trouble but despite my parents encouraging me to rectify this negative attribute before it got out of hand, I did not try to correct it. However, when I was nearly 10 years of age and schools were almost closing for the Christmas break, the accumulated number of days I had been late for school as a result of missing the bus caused me to receive poor comments from my teacher who attributed this aspect of my being to my low grades. On receiving my report card, my disappointed parents grounded me for the entire holiday and did not buy me the Christmas gift of a bicycle that I had for long been eying. Meanwhile my other siblings received

Sunday, September 8, 2019

Look at the attachments not thought of a topic yet Research Proposal

Look at the attachments not thought of a topic yet - Research Proposal Example The analysis shall enable establishment of the connection, thus a foundation for the eradication of the variables researched on. According to the World Health Organization (WHO), fact sheet number 364, approximately 16 million girls aged between 15 and 19 give birth every year. In addition, one million girls aged fewer than 15 also gives birth every year (Hamilton et al., 2012). Most of these teenagers come from low and middle-income nations. The World Health Organization also stated complication during pregnancy and childbirth as the second cause of death among teenagers, globally. The research also indicated that almost three million girls aged 15 to 19 undergone unsafe abortions, yearly, and that babies born to these teenage parents face a higher risk of infant deaths (Gibb et al., 2014). Teenage years are marked by rebellion and disagreement between teenagers and their parents. During this period, they are less likely to trust their parent. Becoming pregnant at this age will probably serve to strain the already complicated relationship. Parents will mostly view the pregnancies as the epitome of the childrens rebellion. The prospect of a fallout with the parents may end causing the teenager to conceal their pregnancies or running away from home (Coleman, 2006). Teenage girls are likely to hide their pregnancies for the longest time possible because they are afraid tell their parent. In a majority of cases, teenage girls point at their mothers potential reactions in explaining their deception. Although the stigma associated with these pregnancies is declining in modern days, most teenage girls are still afraid of the disapproval that their mothers are likely to have. It is worth noting that, some fathers will tend be bitter and unforgiving. This is true especially when the teenager is still in school (Ferre et. al., 2013). The stigma and the strain the relationships can be attributed to the fear of

Saturday, September 7, 2019

Business Law Research Paper Example | Topics and Well Written Essays - 2500 words

Business Law - Research Paper Example The case involves three parties, Alex, Francis and Samantha. When handling a contract, the terms of a contract are important in setting out regulations required to make a communication. The ‘term’ refers to the promise made in the conditions of the contract to be legal binding. The terms of a contract indicate the contents of the agreement. The agreement between Francis and Alex was to sell the Artifact mirror for $200 for the given duration. Alex reached home and informed Francis on his willingness to purchase the artifact for the agreed price. The message however reached Francis after he offered the artifact to Samantha for $230. Alex had a legal enforceable contract with Francis as he orally communicated with him concerning his willingness to take up the offer. The breach of a contract occurs when one party fails to perform in accordance to the agreed terms and conditions (Answers 2011). Forming a contract requires an offer. An offer refers to the willingness to abide by conditions provided by the contract. Francis offered a product for sale and Alex was willing to take up the offer, given the terms that Francis provided. Both Francis and Alex are bound to the contract given the time agreement does not expire. The other element of the contract evident in the case is acceptance. Acceptance refers to the unconditional agreement to the provided terms whether in oral or written. Francis orally accepted to the terms and conditions of the purchase. The acceptance should reflect the conditions of the original made offer. Alex made a call to confirm the purchase before the set time expired, meaning he accepted to purchase the artifact at $200. The communication between the two parties was as agreed. In the case, Francis and Alex formed a contract on purchasing the artifact. Communication was involved and Alex told Francis that he would think of about the offer. Alex later sealed the contract by confirming the purchase through telephone. The contract bet ween Francis and Alex has the counter-offer element. The initial price of the artifact was at $250, Alex made a counter- offer of $200, and Francis accepted. The price of $250 was a invitation to treat and not an offer. The display of the artifact mirror caught the interest of Alex. He however makes a counter offer of $200 (Arias 2010). It is important to realize the terms set to understand that a contract existed between Francis and Alex. The first important term of recognition is to agree that Francis created an enforceable contract. The promise in the contract involves allowing Alex to purchase the artifact mirror for the given time. The freedom of the contract involves a free negotiation by parties regarding the agreed terms. Alex negotiated without interference and at his own will. Alex and Francis both negotiated at an equal strength hence the contract was valid. The contract has no limitations to the freedom, as illegal undertaking did not take place. The purchase remained op en to Alex until the set time, but he sold the artifact to Samantha instead. Proving the terms of a contract comes with two possibilities, either orally or written. Francis orally accepted to sell the artifact to Alex within the time duration. Though no other witnesses were present to confirm, Alex remained the legal buyer of the artifact until the set deadline (Brakel and Hert 2009). Like in the case of Rankin vs. Scott Fell and co (1904) 2 CLR 164, the ruling indicates presence of a contract even if no