Insolvency and the Recent Changes in the European Union to Question Essay

Insolvency and the Recent Changes in the European Union to Question Whether the Main Aim Is To Maximize the Collective Returns to Credit - Essay Example The researcher states that there have been some interesting changes to Insolvency law in the EU and subsequently in the UK to give more power to the Creditor. The aim, unlike other regulations, is to not to protect the consumer but to let the creditor maximize the collective returns to credit.   In most circumstances regime shopping within the EU is frowned upon, because there needs to be equality and protection for both parties under the law; however with insolvency law this does not seems to be the case in cross-border insolvency cases, especially with the definition of the centre of the debtor’s main interest (COMI). This concept of COMI has been used to allow the more powerful creditor to choose the regime that best suits their needs to maximize their return on credit. In the US insolvency law seems to more geared towards the creditor regaining their money back, because in good faith they have lent it out. Jackson argues that the assets of the individual should be pooled together and divided amongst the creditors on the strict economic basis to maximize the return of credit to the creditor. This would mean that the laws that offer this maximization of credit should be applied, even if there are different jurisdictions because the debt crosses state or international borders. Therefore this will be illustrated as the approach taken by the EU in regard to the new trans-border insolvency regulations, rather than individual actions for each creditor in differing jurisdictions. The enforcement of individual creditors needs versus the individual debtor's needs is the soft approach that the UK system of law takes and NOT in the best interests of creditors because they should be able to get the maximum return of credit because they are already a loss. Jackson argues this hard economic approach, rather than an approach that considers the interests of the debtor. This is fair because the creditor in good faith has lent this money to the debtor expecting its r eturn; therefore in the case that this is not possible the maximization of this return should be available.

Management Case Study Example | Topics and Well Written Essays - 2000 words

Management - Case Study Example In other words change management tries to reduce the impacts on the employees of the organization and ensures to avoid disruption. Therefore the companies which successfully implements change in their system of operation are successful and on the contrary those who could not execute it properly remain at the flipside. The report will highlight on the rationale for which the company is making changes in its existing system of conducting business. The report will also try to draw attention to on the specific changes which are undertaken by Virgin Blue. Apart from that the report will also use Kotter’s eight step change model to showcase change management process. Table of Contents Executive Summary 2 Introduction 4 Why Virgin is changing 5 Changes in Virgin 7 Kotter Eight step model 9 Conclusion 14 References 15 Bibliography 17 Introduction Business environment is turbulent and organizations are not only making frequent changes to their operations but also making changes which are complex in nature. Change is the most essential characteristic for an effective management (Hussey, 2000, p.1). Change management is defined as the structured approach for modifying the organizations current situation to a preferred situation in the future. Change management is considered important for various reasons i.e. a number of issues influences the need for change. The major changes include technological change, change in customer tastes, alteration in the rules and regulations of the government, issues related to industrial relationship, competition changes, changes in leadership and a cluster of different other changes which either affects the growth of the organization or improves survival opportunity and expansion of the organization (A. Mills, Dye & J. Mills, 2008, p.10). In order to conduct or assess the positive impacts of chang e management in an organization Virgin blue the Australian air transport company has been chosen. The chosen company is a part of the renowned virgin group. The company arrived in the Australian market during the early 2000. They entered the Australian aviation industry and from then onwards they have given stiff completion to other players. The first flight of the company was DJ214 from Brisbane to Sydney during august 2000 (Virgin Australia, n.d.). They have principally focused on the leisure sector of the industry. The company has repositioned itself during the mid of 2011 with the launching of virgin Australia (Virgin Australia, n.d.). The company also achieved plenty of acclamation to its name. So in order to remain in the long run the company is also focusing on the changes to its current state. Why Virgin is changing A change in organization is a risky activity as organizations sometime fails or do not realize the proposed results. There are number of factors which are consid ered by the company to undergo changes in their existing system. Some of the reasons that Virgin blue has considered for making changes in their organization are as follows:- Declining market share – With the struggling economy there were huge losses of job and slow growth of economy. In such situations there are very less leisure travels and people tend to cut down their cost on luxury spending. Leisure travelling is one activity which gets hampered. Therefore it was necessary to make changes in their current state in order to strengthen the financial condition of the company. The changes which need to be undertaken are strictly based on current market situation. Strengthen Position in the corporate market – One of the strongest reason for which the company considered to implement changes in their

Freud and Psychoanalysis Research Paper Example | Topics and Well Written Essays - 2000 words

Freud and Psychoanalysis - Research Paper Example ace-time matrix of the Freudian dream clearly reflects that mind is the part of human being in which body is the spatial restriction and limitation of human mind. Obviously mind can go beyond this limitation through his capability of imagination. In the book, â€Å"Studies on Hysteria† Freud and Breuer (1893) recognize the physicality and bodily experience as a contribution to the development of personality. But this approach of Freud and Breuer (1893) to body and mind, though it resembles to that of Damasio’s (1992), differs from the neurobiological approach on the ground that though both mind and personality are shaped by bodily feeling, Freud and Breuer’s (1895; 1895) concept of mind does not acknowledge the role of the organic function of human brain to the development of mind. According to them the physical feelings like trauma are stored in human mind first in the form of memory of a foreign entity and then in the form of an agent that determines his future functions of body and mind. Freud’s theory of personality primarily evolves from his approach to the concept of mind. As a theorist, Freud (1916) crucially depends on the structural existence of human mind that is more or less detached from physiological existence of human being. Irrespective of the relationship of mind with human body, the physical existence, Freud’s â€Å"mind† closely follows a structural pattern that effectively explains the different questions -regarding the relationship of mind with various behavioral pattern of a person- of the psychoanalysts of his age. In comparison with the German Philosopher Mauss’s collective notion of â€Å"person† which changes from time to time and society to society, Freud’s concept of ‘person’ appears to be an intact one that is supposed to function universally (Ziegler, 2002, p. 81). But Freud’s theory of personality that exclusively revolves around a person’s body apparently fails to explai n the relationship between body and mind that

SHORT STORY, EXPOSITORY STYLE Essay Example | Topics and Well Written Essays - 500 words

SHORT STORY, EXPOSITORY STYLE - Essay Example reater good of the child realize that though there are constitutional guarantees for equality men seems to be less equal than women in this perspective. During the divorce process, the father has to undergo child custody evaluation at which point he learns that the daily access to rear the child is shared or fully impeded. The father has to take immense efforts to convince the custody evaluator by pointing out the reasons why he is good as a custodial parent. The evaluation is a questionable process because it can be either rational or fair since evaluation is carried out without any benchmarks or standardized testing. It is even more difficult for fathers to be a custodial parent because the mother is usually given custody in the best interest of the child. According to Old Bureau of Census statistics the proportions at which the father and mother obtained to be the custodial parents in the early 90’s stood at 1:90, while 9% of the kids were assigned to the care of family members.. Though custody evaluations takes place, the evaluators conclude with an expected judgment which usually favors the mother to be the custodial parent because the child has been raised by the mother and she would be able to offer a more stable life. This leads to a reason that a father is disqualified for custody because they do not spend much time with the kids since they were working. But this should not be a reason to penalize men (Hughson, D). Court orders are sometimes biased even if the evaluation process finds the father to be most suitable custodial parent. On the social front, children who grow up without a father at home is at an increased risk of transforming into a criminal in the society. Children are also likely to drop out of school, indulge in drug abuse, commit suicide or get pregnant. Therefore gender bias towards fathers in gaining custody must undergo a change (Child Custody and Support). Fathers are back lashed when it comes to the custody of the child because

A Critical Analysis of the Implementation and Development of Clinical Term Paper

A Critical Analysis of the Implementation and Development of Clinical Supervision in the Workplace, a Professional and Personal Account - Term Paper Example The current environment for the clinics contains many forces such as increased customer expectations, steeper competition and public sector agency pressures that demanded unprecedented levels of change. Clinics are taking serious measures to improve their performance in relation to their competitors. One of the efforts that they adopt is to improve is the quality of their services. This effort had significant results in the cost-cutting of the clinics' expenses and higher customer satisfaction. The five service quality dimension -- tangible, reliability, responsiveness, assurance and empathy -- is important for a clinic today. If without one of the service dimension, it could be the effect on the whole clinic's organization management, and indirectly it will give the bad corporate image from the public view. In a technology age today, the clinic must keep up-to-date on improving new bio equipment or bio-instrumental facilities in a clinic. By having the new high tech equipment and facilities in a clinic, it can give confidence and trustfulness to patients. Besides that, clinics also responsive to the patient's needs, if fail to respond in a second of time, it may losing a human life. By the way, the clinic staffs, doctors and nurse must always give the concentration or empathy on the patient and customers needs, because it can affect building trustfulness within customers/patients and organization. Clinical supervision sits at the heart of the UK Government's agenda for improving the quality of service delivery (Department of Health, 1997, 1998, 1999). The practice in the workplace was introduced as a way of using reflective practice and shared experiences as a part of continuing professional development.  

Organisational plans of learning contract objectives Essay

Organisational plans of learning contract objectives - Essay Example Design (ID) structures or rather models focus on the design and most specifically on the analysis parts. Such models are particularly used to direct the whole process of developing the learning platform.The reason as to why, the said models are used is merely due to the fact that, they provide a quality profound decision in ascertaining the way a learning program should be carried out. The ideology herein of this system is settled on acquiring a general view of the learning process. It is thus featured by a systematic process for assembling and evaluating mutual and personal performance requirements, and by the aptitude to react to the discovered training needs. The relevance of the systems approach ascertains that the learning programs and the necessary supportive materials are constantly created in an effective and appropriate way to counterpart the diversity of necessities in a swiftly dynamic environment (English, 2006). In this note, ISD are extensively known as ADDIE, which is to stand for, Analysis, Design, Development, Implement and Evaluate. It is also referred as System Approach to Training. Even though, there are quite slight variances amid the various ISD models, nearly all systematic Learning design models reflects an approach akin to the ADDIE model(English, 2007,Pg.419-424). Concisely, ADDIE models are described herein which are then reflected on the Learning Plan Map. Analyze the performance surroundings in ascertaining and comprehending on it, and then make a step ahead in describing the objectives required, in the name of approving any performance discrepancies. In essence it is merely meant to help in discovering the training necessities. Design a procedure or rather a platform that will guide in attaining objectives. This is also helpful in amending the performance discrepancies. Develop the original findings and procedures into a product that will help the learners into achieving the capacity to become performers. Within the training system , this might be referred as a courseware to the learners. Implement is achieved by providing the courseware to the learners. Evaluate is the final aspect in the learning plan map. This is achieved through the course ware, an audit track down all through the four phases and also from the working surrounding to ascertain desirable outcome is attained (English, 2007, Pg.23). To concisely navigate through the learning plan map, the below activities are conducted underneath each phase. On the Analysis part, there is a requirement to be able determine the results or rather the connection. Analyzing the entire system is fundamental as it helps have a clear picture of what’s needed. Then, bring together the task account that is linked to each job. On the same phase, chose the tasks that should be worked on and the ones that will approve learners into becoming performance. Also create some performance measures where the tasks is to be learned from learned and on the same note, select the instructional settings for the task linked with each job. Finally, determining the cost to be incurred and weighing its benefits is very useful. As discussed as portrayed from the map, the rest of the three factors have to follow up without skipping out nay process (English, 2007, Pg.30). This is well illustrated by the Lesson plan Map below. . RESEARCH PLAN MAP English (2008) asserts that using Concept Maps in planning a curriculum or rather researching on instructions on a particular topic helps the students in coming up with transparent concepts. When the concepts maps are merged during the course or rather at the curriculum level, there is always desire to arrange them. These, then calls up to researching for an international â€Å"macro map† that is expected to provide adequate information and their propinquity. A research plan map avails the necessary details for a

Bill Gates Versus Brussels- The European Union Action On The Microsoft Essay

Bill Gates Versus Brussels- The European Union Action On The Microsoft Monopoly - Essay Example The relentless movement to a global market is giving ever more scope to the English-speaking world to sell its computers, its information, its culture and its entertainment. It is making national government solutions irrelevant or unhelpful, as the pace of change outstrips the capacity of individual governments to keep up (McKenzie, 2000, Pg 2-3). This report is likely to lead to a trial of strength between two cultural and governing systems: the US democratic free trade one, and the Europe bureaucratic and regulated one. The 1950s and 1960s were dominated by a conflict between the communist and capitalist models, which was finally won without a shot being fired in anger between the two main protagonists, the US and the USSR, when the Western model proved so much more capable of delivering economic success. The next 20 years are likely to be dominated by a contest between the Europeans who think that governments can make societies better, and the North Americans who think free enterprise makes a bigger contribution to health and riches. The beginnings of the conflict are there for all to see, in the escalating trade disputes and the outlines of a row over independent European forces and foreign policy. US policy-makers will have to pull back from their enthusiasm for this emerging super-state and take stock of their position. They will find that what they may gain in a simpler command structure in Europe as one government displaces many; they will lose in terms of influence and friendship as that government sets out to rival the US. They come together when there is a problem or a purpose. The World Trade Organization makes good progress in spreading free trade ever more widely. It is organizations that try to become alternative governments that threaten the spirit of the age, and threaten to burden participating countries beyond their patience. Many very smart people, all of who were building on each other's good ideas and hard work, wrote the history of personal computing. However, that history was in no small way pressed forward at an ever-faster pace by developments at the Microsoft Corporation, which just happened to be founded at the start of the last quarter of the twentieth century and which is today the world's premier software company, dominating many of the markets it has entered and developed. What is remarkable today, at the start of the twenty-first century, is that the Microsoft Corporation finds itself under legal assault by the federal government, plus nineteen states. Microsoft Monopoly - An Introduction Is the fear of such a monopoly justified as we move into the new millennium, especially in software markets Microsoft likes to characterize itself as a software or Internet company whose main products are "digital" in nature, a claim not many industry observers, even those in the Justice Department and the trial judge, would dispute. If the characterization is tolerably accurate, it follows that Microsoft's main products can be represented as very