Northcentral's Expectation Research Paper Example | Topics and Well Written Essays - 1000 words

Northcentral's Expectation - Research Paper Example Introduction It is important for the researchers to clearly differentiate and distinguish the quantitative research method and qualitative research method. In order to make sure that the research is properly carried out and the stated aim and objectives are fulfilled in effective and efficient manner, it is essential for the researcher to carefully select the research method. For this purpose, the researcher should be able to clearly distinguish the two research methods from each other. The qualitative research method is descriptive as it focus on depth and details, on the other hand quantitative research method is precise as it focus on the quantity. The research designs in the quantitative research method are more formal and use more numbers and statistics. Apart from this the quantitative research designs are designed for the statistical treatment and analysis. On the other hand, the qualitative research method and designs focus more on different informal sources like words, image s and other things. This in turn, allow the researcher to get hold of the topic being investigated on more personal level. It is also important to acknowledge here that some researchers often use a mix method approach in which both quantitative and qualitative research methods are used. ... For this purpose, researchers also take help from different statistical tests. The numbers are interpreted with the help of different mathematical and statistical techniques for example, mean, frequency, z-score test, and many other. In order to increase the generalization of the research study, there should be large amount of information or data. Researchers normally use different well structured questionnaires and surveys in order to gather quantitative data. Along with this the experimental studies are also common in order to identify and establish causal relationship between difference variables. These experiments are either performed in controlled setting or non controlled setting (Creswell, 2007). In order to come up with the problem statement in the quantitative research study it is first essential to identify different variables which includes confounding variables, covariates, mediating variables, dependent variable, independent variable, etc. Along with this in quantitative research study the researcher has to come up with different research questions and the related proposed hypothesis. The researcher should make sure that the research questions and hypothesis are formulated in such a manner that they are aligned with the problem statement of the research study. Hypotheses are only formulated in the quantitative research study or mix method research study. The quantitative research study focuses on exploring the direct relationship between two or more variables with the help of different tests and experiments. For this reason, in quantitative research studies and mix method research studies it is essential for the researcher to present the operational definition of the

Competition Act Case Essay Example for Free

Competition Act Case Essay In a telling judgement, the Supreme Court of India, on Sep. 9, 2010, has effectively and judiciously circumscribed the boundaries of exercise of power by both the Competition Commission of India (CCI/Commission) and the Competition Appellate Tribunal (â€Å"the Tribunal†) while delivering its verdict in the much awaited case Competition Commission of India v. Steel Authority of India Ltd. This Note captures the highlights of the decision for readers of this Blog! Background: The Court was hearing an appeal by the CCI against the order dated Feb. 15, 2010 of the Tribunal in Steel Authority of India Ltd. v. Jindal Steel Power Ltd. Jindal Steel had filed a complaint before CCI alleging anti-competitive practices and abusive behaviour by SAIL while it entered into an exclusive supply agreement with Indian Railways. Upon receipt of the complaint/information, CCI issued notice to SAIL to furnish certain information for within two weeks from the date of receipt of such notice. SAIL requested for an extension of time upto six weeks to file the required information. CCI in its meting deliberated on the request and decided not to grant any further extension. In the said meeting CCI also formed a prima facie opinion on the existence of the case and directed the Director General (DG) to inquire into the matter pursuant to its powers under Section 26(1) of the Competition Act, 2002 (â€Å"the Act†). SAIL challenged this direction before the Tribunal claiming that CCI could not have formed a prima facie opinion without hearing it first. SAIL also contended that CCI has not recorded any reasons while forming the prima facie opinion and that the time provided by CCI to file information was grossly inadequate. While filing the appeal before Tribunal, SAIL did not implead CCI as a party. CCI thus filed an application before Tribunal for impleading itself as a necessary and proper party and also assailed the very maintainability of appeal. The Tribunal, in its detailed order, holding that even the direction to inquire was appealable under Section 53A(1) of the Act noted that CCI could not have directed the DG to inquire into the complaint without having heard SAIL. It further noted that CCI was neither a necessary nor a proper party in appeals filed by an aggrieved party before the Tribunal. The Tribunal also noted that CCI did not record any reasons while declining to grant extension of time and hence it in violation of principles of natural justice. Appeal before the Supreme Court: Aggrieved by the order of the Tribunal, CCI approached the Supreme Court which framed six broad issues noting some of the allied issues raised by the parties: (i) Whether the direction passed by the Commission u/s. 26(1) of the Act while forming prima facie opinion would be appealable u/s/ 53A(1) of the Act? (ii) What is the scope of the power vested with Commision u/s. 26(10 of the Act and whether parties including the informant and other affected parties are entitled to notice at the stage of formation of prima facie opinion? (iii) Whether the Commission would be necessary or at least a proper part in proceedings before the Tribunal? (iv) At what stage and in what manner the Commission can exercise its powers u/s. 33 of the Act while passing interim orders? (v) Whether it is obligatory for the Commission to record reasons while forming prima facie opinion? (vi) What directions, if any, need to be issued by the Court for ensuring proper compliance of the procedural requirements while keeping in mind the scheme and object of the Act? The Verdict: Issue 1: The Court made an exhaustive study of the scheme and the provisions of the Act and rules of statutory interpretation, noted the distinction between â€Å"and† and â€Å"or†, referred to Indian, UK and European decisions to unearth settled principles of law and finally concluded that Section 53A(1) of the Act expressly provides for what decisions or orders or directions may be appealed before Tribunal. The Court noted that right to appeal is a substantive right which derives its legitimacy from the operation of law or statute. If the Statute does not provide for an appeal, the Court cannot presume such right. The direction to cause an investigation into a matter is passed under Section 26(1) of the Act does not determine any right or obligation of the parties to the lis. It does not find mention in Section 53A(1) of the Act and hence, the Court found that such orders would not be appealable under the Act. Issue 2 and 5: The Court noted that the exclusion of principles of natural justice (PNJ) is a well known concept and the legislature has the competence to enact such laws. Whether the exclusion of application of PNJ would vitiate the entire proceedings would depend upon the nature and facts of every case in the light of the Act or Rules and Regulation applicable to the case. The Court, then, read into various provisions of the Act and the Competition Commission of India (General) Regulations, 2009 in order to determine the nature of functions of the Commission under various provisions. The Court found that at the face of it, the exercise of power u/s. 26(1) of the Act while forming prima facie opinion is inquisitorial and regulatory. It held that while forming prima facie opinion, the Commission does not condemn anyone. This function is not adjudicatory in nature but merely administrative. This function is in the nature of preparatory measures in contrast to the decision making process and hence right of notice of hearing is not contemplated u/s. 26(1) of the Act. On the issue of reasons to be recorded at the stage of forming prima facie opinion, the Court held that the Commission must express its mind in no uncertain terms that it is of the view that prima facie case exists. Such opinion should be formed on the basis of the records, including the information furnished and reference made to the Commission. The reasons may not be in detail but there must be minimum reasons substantiating the view of the Commission. Issue 3: The Court reiterated the settled position of law relating necessary party and proper party. A necessary party is one without whom no order can be made effectively whereas a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. Applying the principle of dominus litus, the Court then noted that in cases where the Commission initiates a proceedings suo moto it shall be the proper party. In all other proceedings, it shall be a necessary party. Issue 4: On powers of the Commission u/s. 33, the Court noted in following terms: â€Å"During an inquiry and where the Commission is satisfied that the act is in contravention of the provisions stated in Section 33 of the Act, it may issue an order temporarily restraining the party from carrying on such act, until the conclusion of such inquiry or until further orders without giving notice to such party, where it deems it necessary. This power has to be exercised by the Commission sparingly and under compelling and exceptional circumstances. The Commission, while recording a reasoned order inter alia should : (a) record its satisfaction (which has to be of much higher degree than formation of a prima facie view under Section 26(1) of the Act) in clear terms that an act in contravention of the stated provisions has been committed and continues to be committed or is about to be committed; (b) It is necessary to issue order of restraint and (c) from the record before the Commission, it is apparent that there is every likelihood of the party to the lis, suffering irreparable and irretrievable damage or there is definite apprehension that it would have adverse effect on competition in the market.† Issue 6: One of the major outcomes of the case relates to the Court’s recognition and affirmation of the expeditious disposal of complaints filed before the Commission. The Court found this to be a fit case to issue certain guidelines in the larger interest of the justice administration. These directions weigh special worth in the light of the fact the Commission, even after more than one year of the enforcement of the operative provisions of the Act, has not issued its order in a single contentious case. The Court passed following guidelines: (a) Even though the time period for forming prima facie opinion by the Commission is provided in the Regulations (i.e. 60 days from the date of filing information) it is expected of the Commission to hold its meetings and record its opinion about existence or otherwise of a prima facie case within a period much shorter than the stated period. (b) All proceedings including investigation and inquiry by the Commission/DG must be completed expeditiously while securing the objectives of the Act. (c) Wherever during the course of inquiry the Commission exercises its jurisdiction to pass interim orders, it should pass a final order in that behalf as expeditiously as possible and in any case not later than 60 days. (d) The reports by the Director General u/s. 26(2) should be submitted within the time as directed by the Commission but in all cases not later than 45 days from the date of passing of directions in terms of Section 26(1) of the Act. (e) The Commission/DG shall maintain complete confidentiality as envisaged u/s. 57 of the Act and Regulation 35 of the Regulations. Wherever the ‘confidentiality’ is breached, the aggrieved party certainly has the right to approach the Commission for issuance of appropriate directions in terms of the provisions of the Act and the Regulations in force. Reading between the Lines: The verdict of the Apex Court bears immense significance given the timing of and issues involved in the judgement. It may be noted that both â€Å"competition law and policy† and the Commission are at a very nascent stage within the broad regulatory matrix of Indian economy. The judgement of the Supreme Court has rightly echoed the sentiments of proponents of free and fair market economy and it shall go in long way to effective sketch the competition law landscape in the country. At this point, I would like draw some conclusions which may not seem apparent at the face of it. They are as follows: (i) The Court, in its opening paragraphs, notes the importance of competition law and policy for any free market economy referring to three types of efficiencies: i.e. allocative, productive and dynamic. The Court observes that the main objective of competition law is to promote economic efficiency using competition as one of the means of assisting the creation of market responsive to consumer preferences. While it may be too early to conclude, but this certainly indicates that Indian Courts are going to lean towards Chicago School of Thought in the Chicago-Harvard dichotomy. It is the Chicago School of Economists which has brought the efficiency test as a dominant factor in last three decades in US Courts. (ii) While highlighting the aims of competition law, the Court makes a mention of the relevant laws of other jurisdictions including that of USA, UK and Australia. It would not be far-fetched to argue that the Court has indirectly hinted that in future, it shall definitely take into account the competition law jurisprudence developed in these jurisdictions while deciding contentious issues. That the Supreme Court is going to rely on EU and US Court decisions while explaining the substantive concepts involved in competition law is further strengthened by the fact that the Court referred to two decisions EU courts i.e. CFI and ECJ in its very first judgement related to the new Act even when there was no substantive concept of competition law as such involved. Remarks: (i) The Court has very effectively defined the ambit and scope of the powers of the Commission and the Tribunal at the stage of forming of prima facie opinion. No jurisdiction generally allows challenging the direction passed by the competition authorities to initiate investigation. However, there may be cases where the amount of information to be filed would be voluminous and the Commission in such cases must provide adequate time. It is doubtful whether a person would be able to challenge the denial of extension of time by the Commission in such cases. (ii) In larger interest of justice administration, the Court passed certain directions till the Commission formulates its own regulations in that regard. Though such a step by the Court is quite welcome, but the timelines provided by the Court are quite unreasonable and strict. For example, the Court has directed that the DG must submit its report within 45 days u/s. 26(2) of the Act. This seems quite onerous to be implemented in practice. The collection of evidence and ascertainment of facts would require the DG to issue notices to relevant parties. Such parties would have to prepare their responses which they intend to file before DG. All this may not be done within 45 days of time period. (iii)Though I fully agree with the Court’s reasoning as to why Commission needs to give notice to parties at the time of forming prima facie opinion; the analysis seems to be incomplete as the judgement has not even referred to provisions of Section 36 of the Act. The Court should have analyzed the provisions of Section 36 while discussing the issue of compliance or non-compliance of PNJ. (iv)Finally, the Court also states that â€Å"as far as American law is concerned, it is said that the Sherman Act, 1890, is the first codification of recognized common law principles of competition law.† I do not want to sound picky, but to my limited knowledge, Canada was the first country to enact its Competition Act which was one year prior to the Sherman Act i.e. in 1889.

Essay --

â€Å"Join, or Die† Rhetorical Analysis Looking back in American history, it is needless to say that there were many trials and tribulations that were overcome to achieve the freedom U.S citizens have today. In retrospect, it is astonishing how the colonists were oppressed by the British for more than a century and finally joined together with courage to revolt against them. This type of revolution would not have been alive if it were not for the art of rhetoric. Political icons in American history used rhetoric to stoke the wrath of colonists to revolt against the British. Founding Father, Benjamin Franklin, significantly used visual rhetoric to persuade the colonies to unite together with his first political cartoon entitled, â€Å"Join, or Die,† which was published in the Pennsylvania Gazette in 1754. Benjamin Franklin used his credibility to establish a well-crafted rhetorical illustration, in which its symbolization, initials, and caption all play an active role in the ground breaking drawing, which changed the minds of colonists towards the pursuit of freedom that is exercised today. Benjamin Franklin’s reputation during this time is what fueled â€Å"Join, or Die† to be more than just a drawing. He contributed many scientific inventions as well as insightful publications to society. His contributions earned him the credibility and reputation for being an intelligent individual. â€Å"Join, or Die† was the first political cartoon to be published in a newspaper like the Pennsylvania Gazette, indicating that impacted drawings such as this were not familiar to the public yet. Due to Franklin’s positive and respectful ethos, this political cartoon was taken with more consideration, instead of being tossed off as a mediocre sketch in a newspape... ... towards the colonies that are individually recognized. The failure to independently recognize each of the thirteen colonies in their own respect hinders his degree of persuasion towards his audience. Although there were snags in Benjamin Franklin’s political cartoon, it nevertheless accomplished its goal of persuading the colonists to band together as a harmonized force against the British for freedom. It is undeniable that Benjamin’s Franklin’s rhetorical methods were successful in his political cartoon, â€Å"Join, or Die†. The visual captured the minds of many colonists and led them towards the idea of revolution, and it is still appreciated today. Although there were drawbacks in the illustration, it nevertheless accomplished persuasion, and it is one of the many contributions that pushed colonists into fighting for the freedom that is exercised in America today.

The Nature of Adolescence, by John C. Coleman and Leo B. Hendry Essay

There have been many scientists and philosophers that have put forth information about the stages that humans go through in life. One of these representations is put forth by Erikson, in the book The Nature of Adolescence, by John C. Coleman and Leo B. Hendry. This theory has four steps; 1. The problem of intimacy, 2. A diffusion of time perspective, or the problems of focusing on the future, 3. Diffusion of industry or the difficulty of focusing on studies, and finally 4. Negative identity or the "rebellious" stage. These stages are not purely involved in the teenage years of a person’s life, as they can go through and possibly stay at these stages throughout their entire life. Rebecca Fraser-Thill defines it as, "Identity diffusion is one step in the process of finding a sense of self. It refers to a period when an individual does not have an established identity, nor is actively searching for one. In other words, it's a time when a person's identity remains unresolved, yet there is no identity crisis" (Thill). In the novel A Portrait of the Artist as a Young Man by James Joyce, each of these stages can be seen as the novel progresses. An analysis of the stages of development as stated by Erikson, in A Portrait of the Artist as a Young Man and in my own life is needed. Intimacy problems can be seen in the early stages of A Portrait of the Artist as a Young Man when Stephen, the protagonist of the novel, has multiple sexual escapades with prostitutes. James Joyce tells of this, saying, "It was too much for him. He closed his eyes, surrendering himself to her, body and mind, conscious of nothing in the world but the dark pressure of her softly parting lips."(Joyce, Chapter 2, Section 5). This shows his reluctance to commit to a... ...in the world. Many people either do not progress, getting stuck on one level or another, or they regress back to stages that they have already surpassed. There are definitely problems in everybody’s life but the best thing to do is learn from them. These stages are not set in stone and there is no way to fully know what happens in a person's mind. Works Cited About. N.p., n.d. Web. 5 May 2014. . Coleman, John C., and Leo B. Hendry. The Nature of Adolescence. N.p.: Metheun and Co., 1980. Print. Erikson, Erik H. Identity: Youth and Crisis. N.p.: W.W. Norton and Company, 1968. Print. Melges, Frederick T. "Identity and Temporal Perspective." Cognitive Models of Psychological Time. Ed. Richard A. Block. N.p.: Lawrence Erlbaum Associates, 1990. 255-67. Print. SimplyPsychology. N.p., n.d.

A Poet Portfolio of James Joyce

James Augustine Joyce was born on the 2nd of February 1882 to a couple in Dublin. Two of his ten siblings died young from typhoid. As a boy, James studied at a boarding school in County Kildare.When his father could no longer pay the fees, the young Joyce transferred to a Christian Brothers school. However, Joyce rejected Catholicism in 1898 although philosophies of St. Thomas Aquinas became a strong influence in him even after he had left the brothers (Bradley 23).He studied modern languages at the University College Dublin in 1898. His first published work was a review of Ibsen's New Drama in 1900 which resulted in a letter of thanks from the Norwegian dramatist himself (Ellmann 13).Joyce left for Paris immediately after graduating. Unfortunately, he ended up squandering what little fortune his family still had. He returned to Ireland shortly after only to witness the final days of his mother who died of cancer in August 13, 1903. James resorted to heavy drinking after his mothers death, at the same time trying to make a meager living out of reviewing books, teaching and singing (Ellmann 15).In 1904, he met a young woman from Connemara by the name of Nora Barnacle who worked as a chambermaid who later on became his wife. The couple moved from Dublin and James experienced a great deal of trouble in finding work (Ellmann 16).James’ two major contributions to poetry are the books Chamber Music which is his first full length collection composed of 36 short lyrics published in 1907 and Pomes Penyeach which was published in twenty years later. (Ellmann 25)James’ works have been highly scrutinized by several well known personalities in their own right such as Mà ¡irtà ­n Ó Cadhain, Jorge Luis Borges, Flann O'Brien, and Samuel Beckett.He died on the 11th of January 1941 following complications after surgery for a perforated ulcer. James Joyce’s life is annually celebrated as Bloomsday every June 16 in Dublin and in other cities around the w orld. (Ellmann 20)

Peroxisomes - Eukaryotic Organelles

Peroxisomes - Eukaryotic Organelles Peroxisomes are small organelles found in eukaryotic plant and animal cells. Hundreds of these round organelles can be found within a cell. Also known as microbodies, peroxisomes are bound by a single membrane and contain enzymes that produce hydrogen peroxide as a by-product. The enzymes decompose organic molecules through oxidation reactions, producing hydrogen peroxide in the process. Hydrogen peroxide is toxic to the cell, but peroxisomes also contain an enzyme that is capable of converting hydrogen peroxide to water. Peroxisomes are involved in at least 50 different biochemical reactions in the body. Types of organic polymers that are broken down by peroxisomes include amino acids, uric acid, and fatty acids. Peroxisomes in liver cells help to detoxify alcohol and other harmful substances through oxidation. Key Takeaways: Peroxisomes Peroxisomes, also known as microbodies, are organelles that are found in both eukaryotic animal and plant cells.A number of organic polymers are broken down by peroxisomes including amino acids, uric acid, and fatty acids. At least 50 different biochemical reactions in the body involve peroxisomes.Structurally, peroxisomes are surrounded by one membrane that encloses digestive enzymes. Hydrogen peroxide is produced as a by-product of peroxisome enzyme activity which decomposes organic molecules.Functionally, peroxisomes are involved in both the destruction of organic molecules and the synthesis of important molecules in the cell.Similar to mitochondria and chloroplast reproduction, peroxisomes have the ability to assemble themselves and reproduce by dividing in a process known as peroxisomal biogenesis. Peroxisomes Function In addition to being involved in the oxidation and decomposition of organic molecules, peroxisomes are also involved in synthesizing important molecules. In animal cells, peroxisomes synthesize cholesterol and bile acids (produced in the liver). Certain enzymes in peroxisomes are necessary for the synthesis of a specific type of phospholipid that is necessary for the building of heart and brain white matter tissue. Peroxisome dysfunction can lead to the development of disorders that affect the central nervous system as perioxsomes are involved in producing the lipid covering (myelin sheath) of nerve fibers. The majority of peroxisome disorders are the result of gene mutations that are inherited as autosomal recessive disorders. This means that individuals with the disorder inherit two copies of the abnormal gene, one from each parent. In plant cells, peroxisomes convert fatty acids to carbohydrates for metabolism in germinating seeds. They are also involved in photorespiration, which occurs when carbon dioxide levels become too low in plant leaves. Photorespiration conserves carbon dioxide by limiting the amount of CO2 available to be used in photosynthesis. Peroxisome Production Peroxisomes reproduce similarly to mitochondria and chloroplasts in that they have the ability to assemble themselves and reproduce by dividing. This process is called peroxisomal biogenesis and involves the building of the peroxisomal membrane, intake of proteins and phospholipids for organelle growth, and new peroxisome formation by division. Unlike mitochondria and chloroplasts, peroxisomes have no DNA and must take in proteins produced by free ribosomes in the cytoplasm. The uptake of proteins and phospholipids increases growth and new peroxisomes are formed as the enlarged peroxisomes divide. Eukaryotic Cell Structures In addition to peroxisomes, the following organelles and cell structures can also be found in eukaryotic cells: Cell Membrane: The cell membrane protects the integrity of the interior of the cell. It is a semi-permeable membrane that surrounds the cell.Centrioles: When cells divide, centrioles help to organize the assembly of microtubules.Cilia and Flagella: Both cilia and flagella aid in cellular locomotion and can also help move substances around cells.Chloroplasts: Chloroplasts are the sites of photosynthesis in a plant cell. They contain chlorophyll, a green substance that can absorb light energy.Chromosomes: Chromosomes are located in the cells nucleus and carry heredity information in the form of DNA.Cytoskeleton: The cytoskeleton is a network of fibers that support the cell. It can be thought of as the cells infrastructure.Nucleus: The cells nucleus controls cell growth and reproduction. It is surrounded by the nuclear envelope, a double-membrane.Ribosomes: Ribosomes are involved in protein synthesis. Most often, individual ribosomes have both a small and large subunit.Mitochondria: Mit ochondria provide energy for the cell. They are considered the cells power house. Endoplasmic Reticulum: The endoplasmic reticulum synthesizes carbohydrates and lipids. It also produces proteins and lipids for a number of cell components.Golgi Apparatus: The golgi apparatus manufactures, stores, and ships certain cellular products. It can be thought of as the shipping and manufacturing center of the cell.Lysosomes: Lysosomes digest cellular macromolecules. They contain a number of hydrolytic enzymes that help to break down cellular components.

Tourette Syndrome essays

Tourette Syndrome essays How would you feel if you were diagnosed with a disease that has baffled scientists for centuries? If your entire social life was destroyed due to this disease which may worsen as time goes by. But worst of all about being diagnosed with this disease is the fact that there is no cure. My guess is you wouldnt be too happy. You would probably become very depressed, violent, and cut yourself out from any social activities. If you felt this way, you would now be able to understand the lives and feelings of those diagnosed with Tourette syndrome (TS). Tourette Syndrome is a neurological disorder; therefore it affects the nervous system. The nervous system consists of the brain, spinal cord, nerve cells, and fibers that extend throughout the body. When healthy, the nervous system reacts and responds to nerve impulses that allows us to maintain homeostasis. The nervous system can be broken down further into its three basic functions: sensory functions, integrative functions, and motor functions. In sensory functions, your bodys sensory receptors detect many different stimuli in and outside of your body. For example, your sensory receptors may detect a change in your blood temperature, or a change outside of your body such as a touch on the arm. Your body then goes through a process know as its integrative function. This is when your nervous system processes information sent via your sensory neurons and in a way makes decisions regarding appropriate responses. When all is said and done during this process a decision is made and sent through interneurons that act as a postman and deliver the decision to the motor function part of your nervous system. The motor function involves responding to the decision delivered by the interneurons by using efferent neurons that obtain the decision and send it to the effector to finally carry out the response. An effector can be anything in your body such a muscle fi...