Insomnia and Dreaming

For the occurrence of dreams, an uninterrupted period of sleep is needed. So if the quality of sleep declines, the dream recall frequency will decline as well. As experiments shown us, people of mood disorder and depression have a reduced dream recall frequency. Also people having Apnea and increased daytime sleepiness, CNS and PLM will have the same results which are a decline of sleep quality and a reduced dream recall frequency. Insomnia is the most frequent, it is considered as a symptom and it is a subjective dissatisfaction with sleep, also difficulty with sleep initiation and sleep maintenance. The stages may look like this, increased sleep latency, increased awakenings and arousals, decreased sleep efficiency, increased time of wake after sleep onset, decreased total sleep time, decreased rapid eye movement sleep (REMS) and decreased deep sleep in stages 3 and 4. A study on 289 people have showed over a 6 year period in the life of the experiment, that there is a comparison between individuals reporting insomnia to those reporting no insomnia. Those reporting were 141 and those none reporting were 148 individual. The only difference was in the nightmare recall frequency that was found higher in the insomnia group. Also this finding took into consideration people taking medications and those who were not taking any sort of medication inside the reporting insomnia group. A decrease in dream recall was shown; a decline in dream recall is recorded with disordered sleep. Those with sleep latency more than 30 minutes reported a decline in dream recall. As for sleep effiency the groups with a higher percentage (85%) had more dream recall frequency than others. Individuals with a WASO (wake after sleep onset), of higher than 60 minutes had a lower dream recall than others. Also stages 3 and 4 showed a significant decline for the group reporting insomnia. As a result, people with 360 minutes of continuous sleep have an increased nightmare and dream recall. As a conclusion, dreaming requires a minimum quality of continuous sleep. People reporting insomnia has lower levels of dream and nightmare recalls. I can not say that I had a personal experience in insomnia. But surely I saw close people in my family having this problem. When I used to live in my grandparents house, I used to notice how my uncle would wake up in the middle of the night after slept for a maximum of an hour. He used to walk around the house for a while, than take out his collection games that he used to build and try to reshape them. He would do this for a couple of hours before returning to bed. I might say that I noticed how he would wake up in a bad mood. Also when he was asked to remember certain events and details it would take him a while. I think his changeable mood as a result of sleeping for a very limited number of hours may have affected his way of thinking. Also I noticed how he would sleep for several hours during the day to compensate the lost sleepless nights. As a direct effect, my uncle started taking bad decisions in his field of work and was finally advised to see a physician. These days after seeing the difference I realized that I was right in describing his insomnia at the time. Reference: Pagel, J. F. 1,3; Shocknesse, Shannon 2 (1)University of Colorado School of Medicine and Director, Sleep Disorders Center of Southern Colorado, Pueblo, Colorado (2)Rocky Mountain Sleep, Pueblo, Colorado Dreaming and Insomnia: Polysomnographic Correlates of Reported Dream Recall Frequency. [Article] Dreaming. 17(3):140-151, September 2007.

Obscenity Law

The vague, subjective, and indeterminate nature of Canadian obscenity law has been called â€Å"the most muddled law in Canada. † Recognizing that consistency and objectivity are important aspects in the running of any successful legal system, the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a â€Å"moral-based† offence to a â€Å"harm-based† offence. The courts are now asked to determine, as best they can, what the community will tolerate others being exposed to, on the basis of the degree of harm that may flow from such exposure. Harm, in this context, means the predisposition to antisocial conduct. When probing beyond superficial appearances, it is clear that the modernizing moves made by the Canadian judiciary, in introducing the community standard of harm test to enforce obscenity law, are mere rhetorical covers for the continued protection of conventional morality. The determination of â€Å"community standards† is left primarily to the subjective judgment and hunches of criminal justice personnel. In this context, the standard to which obscenity laws are based can be uncertain and ill defined, making it very difficult to ensure consistency in the application of the obscenity law and to ask the public to abide by standards that are not clearly demarcated in the first place. This is a disturbing state of affairs for any criminal offense. This essay will firstly demarcate the roles in which judges currently play in deciding upon the nature of crime. Secondly, with the use of previous rulings on obscenity by the Supreme Court of Canada, the evolution of Canadian obscenity law will be analyzed. Thirdly, the involvement of the community standard of tolerance within the current obscenity definition will be flagged as prejudiced against non-mainstream minority representations of sex and sexuality. Fourthly, the Butler decision will be analyzed within the gay and lesbian context. Finally, the three inherent flaws of the current Butler definition of obscenity will be discussed; the vague definition of harm, the problematic categorization of â€Å"degrading and dehumanizing sex† and the overemphasis placed on heterosexual norms. The current roles in which judges play in deciding upon the nature of crime. Frey v. Fedoruk (1950), a decision made by the Supreme Court of Canada, is iewed as a very successful step in the courts’ quest for objectivity. This supposed milestone case marked the end of the courts’ ability to invent new crimes at common law and essentially appointed ultimate power of the Criminal Code to the federal government. Frey was accused of peeping into the window of a changing woman. The courts recognized that peeping was clearly morally objectionable, but the Court also noted that peeping was â€Å"not otherwise criminal and not falling within any category of offences defined by the Criminal Law. It went on further to say that â€Å"if any course of conduct is now to be declared criminal, which has not up to the present time been so regarded, such declaration should be made by Parliament and not by the Courts. â€Å"[i] This case essentially set the precedent that no person could be charged with an offence that was not previously stipulated in the Criminal Code. This case illustrates an evident shift in regards to the role judges play in the justice system; however, it is questionable if this shift is as substantial as originally perceived. Something that is often forgotten by those who stress the sovereign aspect of the criminal law is that Parliament does not have direct control over the enforcement of their own texts. Judges cannot directly contradict or invent new laws, but they can endlessly reinterpret them. Furthermore, in interpreting the criminal law, judges do not have control over the way in which fellow criminal justice personnel will reinterpret their interpretations. For example, due to the vagaries involved in Justice Sopinka’s ruling in R. v. Butler, criminal justice personnel have been given discretionary power that has resulted in the differential and unlawful targeting of gay and lesbian pornographic material. In arguing for judicial objectivity, one could argue that judges are only allowed to interpret law in accordance the intention of Parliament when the section was enacted or amended. Judges cannot adopt the shift in purpose doctrine, which was explicitly rejected in R. v. Big M Drug Mart Ltd. [ii]† However, in order to avoid running a foul of the shifting purpose argument, judges can use vague and indeterminate language that will only require the need for reinterpretation in the future and further the use of judicial subjectivity. When interpretations are required it opens the doors to the, subconscious or conscious, implementation of subjective standards of morality by judges or riminal justice personnel. Essentially different judges will interpret the law in different ways, which stresses the importance for clarification and specification within the Criminal Code. It has also been argued that the decision in Frey v. Fedoruk allows for citizens to know in advance if they are committing a crime. As seen in the Butler case, many laws in the Criminal Code continue to be vague and indeterminate, requiring the need for judicial interpretations. The vagaries of the obscenity law allow judges, police and customs officers, to interpret the law in a way that may encompass material or actions that were not specifically stipulated under the law itself. The evolution of Canadian obscenity law: Upon examination of the progression of Canadian obscenity law it is clear that the modernized obscenity law remains riddled with some of the same problems inherent to its predecessors. The law of obscenity in Canada has its roots in English law. The 1868 decision of the House of Lords in R. v. Hicklin was the leading case and set out a test for obscenity. In upholding an order for the destruction of a publication, Chief Justice Cockburn declared, â€Å"I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall. â€Å"[1] This definition had been criticized for its disregard of serious purpose or artistic merit in the impugned material and for its excessive dependence on subjective speculations made on the part of the trier of fact. This was the test used in Canada until the Criminal Code was amended in 1959 to include a definition of obscenity as â€Å"the undue exploitation of sex, or of sex and any one or more of crime, horror, cruelty and violence. † Canadian courts then shifted their focus from the proper application of the Hicklin test to the understanding of how the â€Å"undue exploitation of sex† is to be recognized. Brodie was the first obscenity appeal to come before the Supreme Court of Canada following the amendment. Judson J. , during his explication of this ection, was conscious of the criticism that had been leveled against the Hicklin test and was subsequently trying to avoid its downfalls. Judson J. expressed the view, in light of the amendment, † that all the jurisprudence under the Hicklin definition is rendered obsolete† and that the new definition gave the Court â€Å"an opportunity to apply tests which have some certainty of meaning and are capable of objective a pplication, which do not so much depend as before upon the idiosyncrasies and sensitivities of the tribunal of fact, whether judge or jury†[2] . Two tests were purposed throughout the trial that were thought capable of objectively recognizing the â€Å"undue† exploitations of sex. The first test focused on the â€Å"internal necessities† of the work in question. The second test was â€Å" the community standard test. † He recognizes that community standards may vary from time to time, but held that there is a general instinctive standard of decency, which prevails in any given community. What is obscene is material that offend that standard. The development of the jurisprudence post-Brodie had elaborated upon this notion of â€Å" community standard. â€Å"It has been said to be: a general average of community thinking and feeling; a national standard; one where judges are entitled to judge for themselves, without expert evidence, when this standard has been exceeded. † However, a substantial development in the test for obscenity occurred in the Supreme Court of Canada’s decision in Towne C inema Theatres Ltd. v. The Queen. [3] In this decision, the court stated that the â€Å"community standard of tolerance† is only one way in which the exploitation of sex can be determined â€Å"undue. The Court recognized the imperfections of society and the subsequent possibility that the community could tolerate publications that cause harm to members of society. The court went on to say that â€Å" even if, at certain times, there is a coincidence between what is not tolerated and what is harmful to society, there is no necessary connection between these two concepts. † [4] Thus, the legal definition of â€Å" undue† was made to encompass publications that were harmful to members of society and consequently society as a whole. Material was deemed harmful if it portrayed persons in a â€Å"degrading or dehumanizing† way. Obscenity also continued to be assessed against â€Å" community standards. † This test was concerned, not with what Canadians would tolerate being exposed to themselves, but what they would tolerate other Canadians being exposed to. It was a test concerned itself with tolerance and not taste. R. v. Butler- the current definition of obscenity. The Supreme Court of Canada made its definitive decision in R. v. Butler. The case of R. v. Butler concerned the constitutionality of the obscenity provisions (now s. 63) of the Criminal Code of Canada. The provisions were under consideration on the grounds that they infringed upon a guaranteed right to freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms. The case is monumental in determining whether, and to what extent, Parliament can justifiably criminalize obscenity. On appeal to the Supreme Court of Canada, the following constitutional questions were raised: 1. Does s. 163 of the Criminal Code violate s. 2(b) of the Charter? 2. If s. 163 of the Criminal Code violates s. 2(b) of the Charter . Can s. 163 of the Criminal be demonstrably justified under s. 1 of the Charter as a reasonable limit prescribed by law? Before answering the main constitutional questions, Justice Sopinka, writing for the majority, firstly attempted to clarify and interpret what the impugned legislation was intended to signify. In deciding what constitutes the â€Å"undue† exploitation of sex, the court examined the three workable tests used in past cases of obscenity: the â€Å" community standard test†; the degrading or dehumanizing† test; and the â€Å" internal necessities test. The review of this jurisprudence showed that the relationship between each of the three tests failed to be clear or specific. Sopinka divided pornography into three categorie s: 1) explicit sex with violence; 2) explicit sex without violence but which subjects people to treatment that is degrading or dehumanizing; 3) explicit sex that is without violence and is neither degrading or dehumanizing. Sopinka used these three categories as the guidelines in determining what constitutes the undue exploitation of sex. Sopinka essentially merged the community standard of tolerance test together with the harm principle. The courts now need to figure out what the community would tolerate others being exposed to on the basis of the degree of â€Å"harm† that may flow from such exposure. Harm, in this context, signifies material that would predispose viewers to antisocial conduct. The first category of pornography was found to always constitute the undue exploitation of sex, the second category of pornography was found to sometimes constitute the undue exploitation of sex and the third category generally did not qualify to be the undue exploitation of sex. [5] Problems with the Community Standard of Tolerance test: It has been suggested that the modern obscenity test, the merger of the community standard of tolerance test and the harm principle, is liberal relative to its predecessor (the Hicklin test). On the surface it seems to draw on the more liberal attitudes of contemporary society about sexual representation and has the flexibility to evolve with the changing norms of communities through time. However, it cannot be forgotten that the community standard test of harm is delineated on the standards held by the majority, enforcing only the majority’s view of what is harmful and obscene. The imposition of majority views on other members of society is seen as the most serious threat to liberty in a democratic state, and seems to contradict the multicultural dogma that is representative of Canadian society. Subsuming a majority analysis into the definition of obscenity, unavoidably creates prejudice against non-mainstream minority representations of sex and sexuality. Usually, the tolerance level of a community is difficult to measure, requiring the courts to essentially guess as to how much â€Å"harm† a community as a whole would tolerate. It was held that evidence of community standards is desirable, but not essential. The lack of proof for a community standard furthers the vulnerability of minority groups. Fundamentally, judges can provide the court with a fictional interpretation of a community’s standard of tolerance. No matter how honest such an interpretation could be, it runs the risk of being false without the judge having to formally justify his/her findings. The community standard of tolerance of any given community, Professor Richard Moon says in regards to the Butler ruling, is â€Å"judicial subjectivity (value judgment) simply dressed up in the objective garb of ommunity standards†. [6] Furthermore, community standards only make sense in relations to a prevailing, and generally accepted understanding of sexual morality, in which some sex is good and some is not. Not withstanding the court’s best efforts to cast the objective of the law as the prevention of harm, particularly of harm towards women, the underlying sexual morality and the exclusive focus on heterosexu al relationships shapes the way in which the s. 163 is applied throughout the criminal justice system. It is within the context of gay and lesbian materials that the distinction between morality and harm is most difficult to sustain†, and that we can most clearly see the extent to which obscenity laws are still predicated on the legal regulation of sexual morality. Butler decision in the gay and lesbian context: The Littler Sisters Case: Throughout his judgment, Sopinka J. provides an implicit message for the need to protect females against male violence. A common thread woven throughout out many heterosexual relations is the idea of an aggressive and powerful male and a passive and subordinate female. Therefore, Sopinka J. ’s understanding of harm is set in a heterosexual framework. Gay and lesbian sexual representations are not produced within the heterosexual framework of the more mainstream pornography to which the Butler decision addressed itself. Realistically speaking, how would men watching pictures of men having sex with men, contribute to the type of harm to women identified in Butler? However, these gay and lesbian sexual representations of sexuality have been targeted, charged and found guilty pursuant to the â€Å"modernized† Butler test for obscenity. The gay and lesbian community have argued, â€Å"that gay or lesbian sexual representations have absolutely nothing to do with the harm towards women associated with heterosexual pornography. â€Å" (quote red book . pg 128 ) Interestingly, Carl Stychin, has contended, that the sexually explicit images of gay male pornography do not reinforce patriarchal male sexuality, but rather directly challenge dominant constructs of masculinity by displacing the heterosexual norm. (quote) It would seem warranted to suggest that since gay and lesbian sexual epresentations do not operate within a heterosexual framework, that these images cannot and should not be measured against a heterosexual norm. The constitutionality of provisions located under the Canadian Customs Act, who operate in accordance to Butler’s definition of obscenity, was questioned, in the context of gay and lesbian culture, in the Supreme Court of Canada’s decision in Little Sisters Book and Art Emporium v. Can ada. This case was the culmination of several instances where customs officials had unlawfully targeted gay and lesbian sexually explicit materials. Little Sisters Book and Art Emporium carried a specialized inventory catering to the gay and lesbian community. The store imported 80 to 90 percent of its erotica from the United States. Consequently, the vast majority of their erotica was susceptible to Customs censorship powers. Code 9956(a) of Schedule VII of the Customs Tariff prohibits the importation of â€Å"books, printed paper, drawings, paintings, prints, photographs or representations of any kind that . . . re deemed to be obscene under subsection 163(8) of the Criminal Code†. (quote little sister) The Supreme Court of Canada did acknowledge the fact that Customs officials had subjected the appellant to differential treatment when compared to importers of heterosexually explicit material. The treatment was dismissive of the â€Å" appellants’ charter rights under s. 15 (1) of the Charter as they were not given the equal â€Å"benefit of a fair and open customs procedure. † However, the source of the s. 5(1) Charter violation was not identified as the customs legislation itself, since there is nothing on the face of the Customs legislation or in its necessary effects, which contemplates or encourages differential treatment based on sexual orientation. The unlawful differential treatment had been made at the administrative level in the implementation of the legislation. The court held that â€Å"Parliament is entitled to proceed on the basis that its enactments will be applied constitutionally by the public service. As stated by the Court, â€Å"The fact that a regulatory power lies unexercised provides no basis in attacking the validity of the statute that conferred it. † The Court held that the Customs legislation infringes s. 2(b) of the Charter, with exception of the reverse onus provision in s. 152(3) of the Customs Act. However, the legislation constituted a reasonable limit prescribed by law, justified under s. 1 of the Charter. The court trusted Customs to identify and implement the needed changes, and the burden of monitoring compliance was left to future litigations. quote Osgood hall law journal) Thus, the majority absolved Parliament of any constitutional obligation to ameliorate this obviously flawed legislative regime of border censorship. By upholding the legislation, and simultaneously affirming the differential treatment unfairly imposed on Little Sisters Book and Art Emporium by Customs, the Court has projected itself as the defender of sexual pluralism and has not done enough to reduce the likely risk that over-censorship will reoccur. Vague conception of Harm It has been shown, most specifically in the case of Frey v. Fedoruck, that the Supreme Court of Canada has been trying to limit the power of appointed judges and consequently reserve the power over the Criminal Code for Parliament. In the Little Sisters case the Court admittedly held that â€Å"A large measure of discretion is granted in the administration of the Act, from the level of the Customs official up to the Minister, but it is well established that such discretion must be exercised in accordance with the Charter†. Ideally, all criminal justice personnel should exercise discretionary power in accordance to the Charter, but whether done mistakenly or purposely this is not always the case, which has historically given reason to the clarification or amendments of the law. Since criminal justice personnel are only human, and prone to error, the use of safeguards within the criminal code, in the form of clear and definite laws, is necessary to protect against judicial subjectivity. The majority opinion in the Butler case, includes validation of Littler Sister’s struggles and denunciates Custom’s discriminatory and excessive censorship practices. Although the ruling did include positive sentiments, it ignored the possibility that the law had something to do with Custom’s failures. The Court disproportionately blames the acts of individual custom officers, or those functioning at the administrative level in the implementation of the legislation, for the over-censorship of gay and lesbian material. However, the faulty administration of the discretionary powers conferred on officials by the Act can be a symptom of the underlying root problem: the vague community standard of harm test for obscenity. The Court defended their inaction on â€Å"the fact that the face of the Customs legislation or in its necessary effects, does not contemplates or encourages differential treatment based on sexual orientation†. Regardless of how promising a law looks on paper if it lacks consistency and objectivity in its application and demonstrates significant procedural deficiencies it should be brought into question. On a supposed quest for objectivity, Sopinka held that there should be a shift in focus from morality to harm when testing for obscenity. Harm, in this case, was defined as the risk of â€Å"anti social behavior,† (ie the mistreatment of women). â€Å"Anti-social conduct for this purpose is conduct which society formally recognizes as incompatible with its proper functioning. †[iii] Although the Supreme Court has provided us a fair amount of guidance on how the issue of obscenity is to be dealt with, it has provided a rather ambiguous concept of harm that continues to give appointed judges, and in this case Customs officers, a fair amount of discretionary power and opens the doors to subjective standards of morality. The ambiguous conception of harm has already posed problems in regards to enforcement. For example, obscenity laws have adversely affected those importing gay or lesbian erotica in comparison to other individuals importing comparable publications of heterosexual nature. [iv] Being a piece of legislation that admittedly violates our right to freedom of expression, one would think that s. 163 would be held to a higher standard of clarity. Since the definition of harm is relatively vague it can unfairly persecute the gay community, holding gay pornography to a lower standard of tolerance than heterosexual pornography. During Sopinka’s Charter analysis, he goes on to say that there is no need for proof of harm or evidence of a causative link between the obscene material and the feared social harm. This is because social harm is so difficult to prove or measure. On the one hand such a finding could be welcomed since the court has developed a test that is sympathetic to the inequality and oppression of women. However, on the other hand this loose standard of evidentiary burden, which the government must satisfy in order to justify its infringement of freedom of expression, together with a rather ambiguous definition of harm, raises the critical question as to what types of materials will be targeted. It is very important for the criminal code to be subject to a standard of heightened clarity and transparency (more so than the Charter), so that citizens can know in advance if they are committing a crime. Studies on the causal link between pornography and attitudinal harm: In the case of R. v. Butler, when deciding the second constitutional question (s. 1 analysis), Sopinka held that the prevention of harm likely to arise from the distribution of certain obscene materials constitute a sufficiently â€Å"pressing and substantial† objective to warrant some limitations on s. 2(b) of the Charter. Sopinka made clear that while parliament cannot impose subjective standards of sexual morality it can impose the morality of the majority when it coincides with the morality of the charter. This can be done to maintain values integral to a democratic society. In terms of proportionally, there are three aspects. Firstly, it was asked whether there was a rational connection between the impugned measures and the objective. The courts held that it is reasonable to assume a causal relationship between the exposure to obscene material and the risk of negative attitudinal changes (i. e. harm) in the absence of concrete proof. Secondly, Sopinka found that there was minimal impairment of the right to freedom of expression as the legislation aims only to restrict material that poses a risk of harm to society. Furthermore, material that has artistic merit will not be criminalized. Finally, the court found that there was a proper balance made between the effects of the limited measures and the legislative objective. It was found that the limits placed on the right to freedom of expression was not outweighed by the important legislative objective that was aimed at avoiding harm. Thus, the Court held that the prohibition against pornography contravenes the freedom of expression guarantee in section 2(b) of the Charter, but went on to hold that the section could be demonstrably justified under section 1 of the Charter as a reasonable limit prescribed by law. The section 1 issues raised in the Littler Sisters case related to the substance of the obscenity prohibition and the procedures by which it is enforced. The former had been fully articulated and defended by the Court in the Butler ruling, so it was not surprising that the challenge to the content of the obscenity standard itself failed. The degree to which Sopinka J defended the constitutionality of s. 163 and thus the s. 1 analysis raised by the regime f Customs censorship on the avoidance of attitudinal harm is disproportionate in comparison to the likelihood that such harm actually exists. It is very difficult to find any proof that pornography can be the cause of attitudinal harm amongst its viewers. There have been two attempts and potential sources of such proof: statistical evidence and experimental evidence. Statistical evidence attempts to show a correlation between the prevalence of pornography and the incidence of violent crime. Statistical evidence has been unable to establish a causal link between pornography and violence. Some research has purported to show that many rapists report having had little exposure to pornographic material. Furthermore as technology has become increasingly sophisticated in recent years, there has been a dramatic increase in the availability of pornography over the internet. Despite growing concerns, it has been proven extremely difficult to censor or detect the distribution of â€Å"obscene† pornographic material. Despite the probable increase in access to â€Å"obscene† material, the rate of sexual assault has not increased significantly more than those of other forms of crime. Experimental studies have come the closest in claiming a causal link between violence and pornography. Some work has shown that, under laboratory conditions, there may be a measurable relationship between aggressive behavior and exposure to aggressive pornography. However, such experiments are inherently artificial, as the circumstances are essentially fabricated. Therefore the findings in these experiments cannot be directly transferable from the laboratory into the real world, where inhibitions and public scrutiny affect social behavior. Furthermore, not all studies focus on the negative effects of pornography on viewer’s social behavior. Some support the theory that pornography can serve as a safety mechanism, allowing its viewers to satisfy aggressive impulses in a non violent way. This theory, along with the theory that pornography induces aggression, has been discredited and remains improvable. Although discredited, such a theory remains equally as plausible as the theory endorsed throughout the Butler case: that pornography induces attitudinal harm. It is unclear as to why obscenity should be defined almost exclusively around the prevention of something that could be complete fiction. In the absence of conclusive scientific evidence, it could be argued that s. 163 represents and arbitrary infringement upon our freedom of expression. It is difficult to see how the court deemed the objective of the law to be â€Å"pressing and substantial† in the absence of demonstrable proof and in the presence of empty assumptions. In the absence of proof of harm, whether material is obscene becomes a matter of faith and not evidence. Such an ambiguous definition of harm can be understood as a disingenuous effort by the court to decide what the impugned legislation was intended to mean. It could be argued that Justice Sopinka was instead formulating his judgment in regards to what he thinks the legislation should mean now. â€Å"The appellant argued that to accept the objective of the provision as being related to the harm associated with obscenity would be to adopt the shift in purpose doctrine which was explicitly rejected in R. v. Big M Drug Mart Ltd. † [v]Sopinka argues that the original purpose remains as it was in 1959: â€Å"protection of harm caused by obscene material. However, when the legislation was first enacted, it was concerned primarily with the corruption of morals and not precisely the victimization of women. Such a vague definition of harm allows the courts to justify the infringement of a Charter right on the basis of a different argument of the time and not on the basis of why the law was created in the first place. Overemphasis placed on the protection of women The obscenity test in Butler, who adversely effected the Customs Act, seems to further reinforce women’s marginalized role as crime victims as well as men’s repugnant roles as crime perpetrators. Although this ruling is meant to essentially promote equality amongst men and women, it seems as though it has completely ignored the hardships existent in same sex relationships. Throughout this judgment Sopinka provides an implicit message for the need to protect females against male violence. After such an emphasis has been placed on the protection of women, and in the absence of conventional or homophobic morality displayed by custom officers, it is questionable as to whether s. 163 would allow pornographic material portraying explicit sex and violence against men to escape criminality. Although it is very important for the law to apply equally to all citizens, as stated in s. 15(2) of the Charter it is not unconstitutional to take affirmative action to help previously disadvantaged groups such a women. In reality women run the risk, more so then men, to be victimized because of pornography. Victims of sexually based offences are disproportionately female in comparison to male. However, the types of harm that can be aggravated by obscenity, discussed throughout the Butler case, can exist in all types of human relationships regardless of sexual orientation or the individuals involved. Gays and lesbian relationships are susceptible to the same physical, sexual and mental abuse in much the same ways that heterosexual relationships do. This in essence shows that the judgment was based primarily on heterosexual norms, running the risk of ignoring other possible victims of obscenity. It is this lack of recognition of homosexuals within the leading interpretation of the obscenity law that can either cause the over-censorship or under-censorship of homosexual material, both being equally problematic to the homosexual community. Problematic categorization: In an effort to further clarify the obscenity provisions in the Criminal Code Sopinka devised a three-tier categorization of pornographic material. Sopinka concluded that material that fell within the second category of; â€Å"explicit sex without violence but which subjects people to treatment that is degrading or dehumanizing† could be considered undue. The categorization of â€Å"degrading and dehumanizing† is elusive and vulnerable to subjective or even discriminatory evaluations. The flexibility provided in the second category can be translated into inconsistencies within the legal process. Providing a category that â€Å"could† be viewed as obscene seems to dilute what was meant to be an objective guideline to be followed when testing for obscenity. The selling of material that falls within the second category is essentially equivalent to gambling since there is no certainty as to whether the selling of such material would or would not constitute a criminal offence. One could argue that the sellers of the questionable material could themselves determine the standard of tolerance of a community in determining whether the material that they are selling is obscene. However, one person’s interpretation of what the community would tolerate might be radically different from that of the courts’. â€Å" The potential subjectivity is suppose to be reined in by reference to â€Å" community standards of tolerance†. (ossgood) Since judges determine this standard on their own, in the absence of proof of such a standard, it is hard to see how they will act as a legitimate constrain of judicial subjectivity. What the current obscenity definition has trouble demarcating in obscenity as a narrow category of sexually explicit material. To remedy this situation it would have been beneficial to introduce additional categories of pornography that were more specific and detailed than the ones currently offered. Additional categories would force the court to specify what material in the second category would and would not pose a substantial risk of harm. This would have further objectified the test for obscenity because the discretion of individual trial judges would be reduced when it came to dealing with pornographic material falling within the second category. Judges and other criminal justice personnel would be required to sort material in the devised categories instead of deciding independently what they feel the community would tolerate on the basis of harm. This would also seem to provide the general population with a better understanding of lawful vs. unlawful pornographic material. Implicit to Sopinka’s categorization of pornographic material is the idea that there is a distinct difference between soft porn and hard porn when it omes to what will cause social harm. Sopinka holds throughout his judgment that the objective of s. 163 is to provide protection against what could cause the â€Å" abject and servile victimization† of women. He is assuming that the dissemination of soft porn will not pose the same risk of social harm to women as the categories of explicit sex with violence or explicit sex that is degrading or dehumanizing. However, any pornographic representation of women can be considered to be a systematic ob jectification. As Justice Gonthier wrote for the dissent of the Butler case, â€Å"even if the content is not as such objectionable†¦. the manner in which the material is presented may turn it from innocuous to socially harmful. †[vi] Both soft porn and hard porn (all three categories) could thus contribute to women’s subordination and inequality in society. It is clear that Sopinka’s test for obscenity does not necessarily lock up with its purpose of protecting women from antisocial behavior and inequalities and could serve as evidence of an appeal to conventional standards of sexual morality. Modest and restrained depictions of sexual activity were permitted in accordance to an implicit hierarchy of conventional moral values and not on the basis of harm. (does that make sense? ) The â€Å"internal necessities test† can also be questioned in terms of Sopinka’s harm based obscenity test. Pornographic representation found in art and literature can be just as harmful as what is found in, what is now understood to be, pornography. Therefore, it seems as though material that could be dehumanizing and degrading and thus cause significant social harm could pass the test for obscenity devised by the court. By not leaving behind the view that representations of sex are bad if not redeemed by art or some other higher social purpose, the definition of obscenity remains vague and open ended. The Customs administration of the obscenity prohibition at the border and the general over-censorship of homosexual pornographic material, confirm that the Butler definition of obscenity is open to multiple interpretations and makes room for the affirmations of old prejudices. In the Littler Sisters ruling, the Court denied that these problems existed, and instead relied upon an idealized portrait of the community standard test that will llegedly force criminal justice personnel towards judicial objectivity. It has been proven that the community standard test is based primarily on the views of the majority and does not necessarily constitute a â€Å"guarantee of tolerance for minority expression†. In actuality society, while becoming more liberal, is still deeply entrenched with prejudices again st minorities especially throughout the criminal justice system, stressing the need for clear and definitive language used within the Criminal Code and court process.

Product Differentiation Essay

Definition: Development or incorporation of attributes (such as benefits, price, quality, styling, service, etc.) that a product’s intended customers perceive to be different and desirable. Advertising and promotion of a product is based on its differentiating characteristics. Source: http://www.businessdictionary.com/definition/product-differentiation.html Today, the market is crowded with similar brands, clamoring for the attention of customers. In order for their brands to stand out, companies strive hard to make them appear different from competing brands. This is product differentiation. Product differentiation is an objective that a business may try to achieve through its marketing. Any business, must try to differentiate products from those of competitors, so as to gain a ‘competitive edge’ over them, thereby attracting more customers. This difference can be achieved by altering the product- making it better than that of the competitor’s or it can be ‘perceived’- such as a strong brand identity developed in the promotional campaign. Need for product differentiation:  usually customers cannot tell the difference between competing products- hence the need to differentiate developing a competitive advantage Focus and differentiation A product may have a lot of attributes, but it is essential to focus on only few of the attributes. Eg: Volvo-safety, BMW-performance : but it doesn’t mean that Volvo does not perform or BMW is not safe. They have just focused on those aspects of their products. Therefore their products will be differentiated on that particular attribute. If a product claims to be good at everything, you run the risk of consumers not believing what you say, even though you may have all those attributes. If a product is focused: 1) more credible 2) customers will think that they are as strong in other areas. What to differentiate: Easiest way to differentiate is on price, but it is least effective as competitors can always copy it easily.Example: Indian computer market included companies such as HCL and IBM. Then came Siva from sterling computers which sold it’s computers at a cheaper price. Therefore others followed suit, and then Siva had to further differentiate it’s product in order to attract customers as competing products were similarly priced. Hence, it is better to differentiate on other attributes such as- features, performance, reliability, reparability, design, style, performance and so on. Examples: 1) Blackberry- Differentiated by addition of BBM in their smart phones. Although other smart phones with IM platforms existed, Blackberry was the one of the first to offer this service to customers as a standard on it’s devices. Their competition did not have any such service at the time. This attracted customers. 2) Promise- People thought promise was different from other toothpastes as it had clove oil however even some other toothpastes had clove oil, but only Promise focused on this attribute and hence it was perceived as a differentiating characteristic. 3) Hero Honda motorcycles- differentiated in terms of fuel efficiency- â€Å"fill it shut it, forget it† Branding and Product differentiation Branding is one way of differentiating products and services. Industries like the garments and tobacco industries, for example, use branding very effectively as the products within these segments are often very similar and have little to distinguish themselves from each other. Branding helps to retain customer loyalty. Example: Smokers, are very particular about their brand and believe that no other brand can satisfy them. In an experiment, 300 smokers who were loyal to 3 major brands were given an unidentifiable sample of each brand to smoke and were asked to identify their own brand. The result: only 35% were able to identify the brands; and under the law of averages, pure guesses accounted for a third of correct identifications. The reason for this was that brands of cigarettes within the same category (menthol for example) differ very marginally in terms of strength, flavour  and taste, and it is difficult for a smoker to truly distinguish between them. The reason why a smoker is loyal to a particular brand is the advertisment. Eg: Charminar: â€Å"it takes charminar to satisfy a man like you† – reinforces that only Charminar can satisfy the man who smokes them! Product differentiation vs USP USP is not the same as Product differentiation. USP refers to advertising to communicate a product’s differentiation while Product differentiation is the process of describing the differences between products or services. Types of differentiation: Horizontal Differentiation: is by the customer’s preference/taste of certain characteristics of the product. (Same qualities/price, different style/taste/colour) Perceived value remains the same. (eg: different colours of lipsticks) Vertical: Products differ in some characteristic which all consumers agree is best. Based on quality. Prices differ as perceived value differs (eg: Different brands of lipstick: Mac, Lakme, Lipice) Horizontal differentiation is about consumers’ wants and preferences, while vertical differentiation focuses on the consumers’ willingness to pay for the quality. Remember: DO NOT offer wildly exaggerated differentiation that the market does not want. (eg: High priced men’s toilet soap â€Å"Aramusk† was unsuccessful due to price) DO NOT negate useful and expansive differentiation by under attending to other parts of the product- service package. The difference should be OVER AND ABOVE the MINIMUM expectations.†¨Example: Fancy hotels with poor service The product is not differentiated until the CUSTOMER understands the difference . The consumer perception is what matters.

Wk5 Progress a Assign. INTL304 Assignment Example | Topics and Well Written Essays - 500 words - 1

Wk5 Progress a Assign. INTL304 - Assignment Example Measurement and signatures intelligence is a form of material sampling intelligence collection which detects, locates and explains those characteristics which are possessed by the target objects. The data which is collected from these objects is then translated into understandable target characteristics. It is used to avail needed intelligence to commander all through the spectrum of operations so as to give them a full understanding. Raw information which is to be later processed is to be collected through materials acquisition intelligence collection. A number of sources can be used to collect this important data. Signals intelligence is the first source whereby interception of signals between people is done. This is done by the National Security Agency which collects processes and reports the signal intelligence. Imagery intelligence is also collected from visual photography and radars sensors by the National Geospatial Intelligence Agency. The central Measurement and Signature intelligence organization identifies and describes the characteristics of specific targets through use of scientific and technical intelligence. To collect intelligence from human sources, the Central Intelligence Agency, Department of State and the FBI are used. Intelligence is also collected from the publicly available information such as print and mass media by the Foreign Broadcast Information Service and the National Air and space Intelligence center. Lastly, the information available in the imagery and geospatial data is collected by the National Geospatial Intelligence Agency1. With increase in nuclear attacks threats, there is a change in demand for innovation of technologies, which can identify the origin of a detonated nuclear weapon. The tool, which carries out this particular task, has the capability of collecting and identifying the radioisotopes

Ylindrospermopsin Alkaloids Research Paper Example | Topics and Well Written Essays - 2500 words

Ylindrospermopsin Alkaloids - Research Paper Example CHAPTER 1: INTRODUCTION The description of cylindrospermopsin alkaloids is such that they consist of three soluble water toxins that comprise of cylindrospermopsin (CYN) (1), 7-deoxy-cylindrospermopsin (7-deoxy-CYN) (2) and also 7-epi-cylindrospermopsin (7-epi-CYN) (3). Researchers have signaled towards certain problems related to the toxicological characteristics of these natural compounds, their existence in water and which was followed by their removal. The structural features of these alkaloids are in fact extraordinary comprising of a sulfonated tricyclic guanidine linked to a uracil ring. The beginning of this analysis centers on the isolation of these innate products followed by the investigation into the environmental impact of cylindrospermopsin alkaloids contamination. (1) Figure 1. The cylindrospermopsin alkaloids of cylindrospermopsin (1),7-deoxy-cylindrospermopsin (2) and 7-epi-cylindrospermopsin (3). 1.1 ISOLATION AND CHARACTERIZATION Credited to Moore and his team usin g a combination of NMR and mass spetroscopy, the extraction of Cylindrospermopsin (1) took place in 1992 from the cyanobacterium Cylindrospermopsis raciborskii. While 7-deoxy-cylindrospermopsin (2) was discovered in 1999, owing to the purification of cylindrospermopsin which was performed on a regular basis. It was also concluded that the derivate of cylindrospermopsin could also exist in the form of a pair of tautomers because of the fact that the uracil ring’s vinylic proton was not identified during the application of the H NMR technique as shown in figure 2. However, as every sample of 7-deoxy-cylindrospermopsin (2) was observed the incidence of the uracil group (4) was confirmed by examining the absorbance maximum (?max). Even... Credited to Moore and his team using a combination of NMR and mass spetroscopy, the extraction of Cylindrospermopsin (1) took place in 1992 from the cyanobacterium Cylindrospermopsis raciborskii. While 7-deoxy-cylindrospermopsin (2) was discovered in 1999, owing to the purification of cylindrospermopsin which was performed on a regular basis. It was also concluded that the derivate of cylindrospermopsin could also exist in the form of a pair of tautomers because of the fact that the uracil ring’s vinylic proton was not identified during the application of the H NMR technique as shown in figure 2. However, as every sample of 7-deoxy-cylindrospermopsin (2) was observed the incidence of the uracil group (4) was confirmed by examining the absorbance maximum (ÃŽ »max). Even though, the measurement of approximate quantity was not possible, it was evident that as a mixture of compounds the natural material indeed existed. The discovery of the 7-epi-cylindrospermopsin took place in 20 02 and it was originally established that it was synthesized with Aphanizomenon ovalisporum. The approximation of cylindrospermopsin’s relative stereochemistry was made by considering the unusualtautomer enol presence of the uracil D ring. To explain the concept, uracil D as described in structure 6 is a intramolecularly hydrogen linked to a nitrogen terminus of the guanidine group. The NMR evidence was made to be the basis of the product correlation which understandably led the research participants to conclude that structure 7 was the most appropriate and relevant description of cylindrospermopsin (1).

Homicide - Black males age 17-25 Research Paper

Homicide - Black males age 17-25 - Research Paper Example In history, premeditated or deliberate killing of an individual by another was termed as Felonious homicide which is related to murder. The biggest percentage of homicide committed in the United States is done by victims’ intimate partners. In the recent years, the overall rate of homicide in the US has been reported to remain constant. However the there has been an increased homicide among young black males aged between 17 and 25. Generally between 1999 and 2005 homicides rate in the US remained at around six deaths per one million people as suggested by Anderton, Barrett and Bogue (1997). However there was an increase in 2001 as a result of terrorist attacks which happened during this period. Homicide committed by the use of the gun occurred mostly around metropolitan areas. Homicide rates increased in the past one decade in most of the US cities with some experiencing around one thousand homicide per one million people. This situation was experienced in Richmond and Washing ton in 1994 among the black males aged between 18 and 24. In the subsequent years the homicide levels in the same age range in Washington, Richmond and New Orleans were twice those of other cities. The prevalence of homicide in metropolitan areas of the US in 2005 was twice that in non-metropolitan areas. ... Trait Theory Trait theory is a theory which explains matters of crime with regard to the individual. It was developed by Lonnie Athens explaining how parents or peer brutalization in childhood results to violent crimes later in life. In trait theory, the psychological perspective focuses on behavioral, personality and cognitive processes related to homicide. Individuals at the o age of 17-25 are associated with a lot of emotions which account a lot to their behavior and decision making. In United States this can be seen in the black males at this age group and it is attributed to their increased incidence of homicide. Personality disorders may result from brutality in adulthood and according to trait theory. This is because such disorders affect the way the individual perceives others in the society and above all how to react in pressure. For instance a child brought up in a society where there is a lot of crime he may end up committing crimes. This dictates why black males at the ag e of 17-25 in the United States due are likely to engage in homicide. This is associated with terrorist incidences which have affected the country leading to young individuals engaged in war. Trait theory also upholds homicide especially in United States, due to the children’s early age exposure to guns according to Levinson (2002). In United States due to development, possessing a gun it is not big deal which perceived as an item for solving conflicts. In connection with this, at the age of 17 to 25 individuals are said to be anxious in facing reality. As a result, as learned in childhood individuals at this age especially male as they are said to be more aggressive may engage homicides in solving conflicts. Personal traits such as social isolation and aggression also commuting to

Parent's of Sex Offenders Essay Example | Topics and Well Written Essays - 1500 words

Parent's of Sex Offenders - Essay Example Or, even if it’s known, the parent of an offender could be in denial and attest to the innocence of his child based on offender’s denial. On the same note, parents of the offender might be in disbelief, aghast or maybe in an extreme incredulity or wonder what have gotten into the psyche of their child that prompted him to do sexual offense to another. The incident will generate quick personal evaluation how they’ve been parenting to their children. Offender’s parents will likewise be subjected to trauma and psychological disturbance as impacts of their child’s abuses has consequential effect to them, too. Larger than this, the parents must importantly address the following questions to their very selves. Is the kind of behavior you expected from your child at that age? Is the incident true or not? If true, how long has he been exhibiting this behavior? Why this behavior occurred? What are the factors that motivated him to harass or employ lewd desig ns against the innocent? If the accusation hurled against alleged abuser is true, under Juvenile Sex Law, it’s likely that the accused will be held under judicial action or if it’s a minor with mental disorder committing it, offender will likely be put under rehabilitation institution. If they cannot cope with the problem, parents may seek the professional support from the Association for the Treatment of Sexual Abusers—a global organization devoted on multi-disciplinary support system working to prevent sexual abuses (ATSA, 2012). The institution offer services on extensive research, education, and empirical-based learning process using practical experiences, advocacy on public policy and community-based intervention strategies that will pave for effective holistic evaluation, medication or treatment, and about managing individuals who have sadly caused sexual abuses or posed sexual risks or vulnerabilities to others (ATSA, 2012; Ethical Treatment for All Youth s, 2012). ATSA (2012) contended that they could support person, family and association that are committed to â€Å"community safety, reduction of sexual recidivism, protection of sexual offenders, and safe-keeping vulnerable populations (p. 1).† They assured parents to provide intelligible and emotional support that could transform the very lives of people who’ve been intricately involved in the commission of sexual violence and could be directed to change their behavior to facilitate the prevention of sexual abuse (ATSA, 2012, p.1). Other than ATSA, the National Center for Reason and Justice (NCRJ, 2012) and the National Alliance on Mental Illness (2012) also help assist families in developing child-protective laws by educating stakeholders of child rights, responsible judicial system and promote laws, investigation and treatment to those who’ve been accused of sexual crimes. If legal measures aren’t enough to discipline a child, maybe institution that c an help subject a child to psychological and emotional healing can assist in normalizing and understanding an offender’s state. No, it’s not too late. Parents of offenders should recognize and study their children’s behavior as they grow into adolescence. They should be assisted to have a healthy adult sexual lifestyle since they are constantly challenged by numerous factors and pressures while at their respective developmental stages as persons (Hart-Kerkhoffs,

Assignment3 Essay Example | Topics and Well Written Essays - 1750 words

Assignment3 - Essay Example In other world, in real life, a tree is made up of the main stem and the branches. The branches get support or originate from the main stem. In my example, the same situation ensue, B, C, D and E explain more about A. as you go down the tree, it is clear that branch C and E also have branches. Those are referred to as sub-branches. They explain further on A through C and E. Like I mentioned in the above discussion, this is the most reliable form of diagramming techniques which is easier to explain and understand. The second that I consider my favorite diagramming technique is the dataflow diagram. This example explains how the operation flows from one level to another. The objects that represent data are shown and they obviously relate to the procedure in place. In this case, the diagram is only useful in indicating or rather showing how data flow. It does not require much explanation, in fact if there is any explanation required, it must be very basic. The diagram I have used as my example is self-explanatory, a step explains more about the previous. The other major advantage of this format is that there are writings on the side of the arrow; the writings explain what happens between the stages. Lastly on examples, I will talk about my third favorite diagramming technique. The name of the diagramming technique is Data flow graphs. This is a graph which is in other words referred to as directed graph. It consists of some kind of edges. The edges represent the flow of data. It also contain nodes, the nodes represent all operations that goes on in the graph. The diagram below explains; My response to the question why we should do conceptual analysis of visual images is that it does well in explaining the point deeper. I will use an example of a classroom environment where a teacher, for instance, is lecturing and giving notes to students in titration in Chemistry (this is just an example to explain my point

Energy and Metabolism, Nutrition, and the Digestive System (Synopsis) Essay

Energy and Metabolism, Nutrition, and the Digestive System (Synopsis) - Essay Example These compounds are further subdivided into many classes such as Carbohydrates into monosaccharides and polysaccharides, Proteins into amino acids and lipids into triglycerides and fatty acids (Saturated and Unsaturated). All these compounds which form the basic requirements of our body and food contribute in the process of formation of ATP, the basic energy providing compound of our body. These biochemical compounds when enter our digestive system are further broken down into their very basic compound or particle which then undergoes the process of metabolism (either anabolism or catabolism) to form ATP. Our digestive system consists of oral cavity where food is chewed, esophagus for the transfer of chewed food, stomach for the breaking down and absorption of some of the food specially Vitamin B12 and proteins and intestines (small and large) for the further absorption and digestion of remaining undigested food and removal of left over undigested food through the anal canal. All the se systems form the basis of body’s energy providing system along with liver where most of the absorbed compounds are taken and there they undergo the process of metabolism to form the basic energy providing compound of the body. An abnormality in any of them e.g. hepatitis, peptic ulcers could lead to less nutrition supplied to the body ( malnutrition) and even

The relationships between prison inmates and correction officers in Essay

The relationships between prison inmates and correction officers in regaurds to violence - Essay Example The workshops are managed by inmate trainers, but with the support and involvement of outside volunteer co-trainers. AVP workshops are typically two or three days in length, depending on the specific module. Both inmates, as well as outside trainers are volunteers, their qualifications being completion of all AVP modules in addition to the "train-the-trainer" workshop. Participants start with the basic workshop, progress to the advanced, and from there to the adjunct modules which include Bias Awareness and Manly Awareness. The ethnographic study, completed in May of 2001 (Sloane 2001), suggested that AVP participants' behaviors were modified by their involvement in these workshops. Prisons are essentially closed institutions. To all but the state employees who work in them, the prisoners confined in them and the officials who are permitted access, prisons are generally hidden from public view. Under special authority extended to the Correctional Association since 1846, members of its Prison Visiting Committee can enter prisons, interview inmates and staff, and communicate their findings and recommendations to state policymakers and the public. While the Correctional Association does not have authority to mandate change, it uses its knowledge of prison operations to advocate for reform to those who do have that authority. Based on observations of the Correctional Association's Prison Visiting Committee from visits to 25 state correctional facilities conducted between March 1998 and October 2001, key problems and areas for reform based on conversations with hundreds of inmates and correctional staff are mentioned here and/or described in the individual prison reports: - Youth Assistance Programs in which inmates and correction staff volunteer as counselors to at-risk youth from the community; - The "Puppies Behind Bars" program, where inmates train puppies to become seeing-eye dogs; - The piloting of an in-cell substance abuse treatment program for inmates in disciplinary confinement; - Mandatory academic programming for inmates who read and/or have a math score below the ninth-grade level; - Parenting programs featuring structured groups and parenting education classes; - Family visitor centers at 36 facilities to provide inmate family members with a place to refresh themselves prior to entering the prison; - The installation of Automatic Electronic Defibrillators in every state correctional facility; - Aggression Replacement Therapy provided by trained inmate facilitators to help prisoners identify and control aggressive behavior; and - Earned Eligibility and Merit Time programs, which reward certain nonviolent offenders who meet various program requirements with the possibility of early release. Motivation levels at the start of the workshops

Attachment styles Essay Example | Topics and Well Written Essays - 500 words

Attachment styles - Essay Example In order to understand this theory better, let us consider an example of infatuated love. We meet and like a number of people in our daily life. We do not feel the same about all of them. At times, we meet people who we like a lot and we really wish to be with them. This type of love is often called ‘love at first sight’ or ‘infatuated love’. People do not actually know each other, neither do they have intimacy. Such kind of love starts with the feeling of pure passion. The romantic relationships of this kind, are based on the sexual desires and physical attraction. Hence, in such relationships, passion dimension of the triangular theory is at its peak. Passion is the element which plays a major role in infatuated love relationships. People involved in this kind of love relationship do not normally trust each other to the extent as romantic lovers do. The commitment level is also low as their feelings are limited to the sexual desire and apparent attraction. However, when the intimacy develops between them and they start knowing each other the infatuated love grows into romantic love relationship where intimacy and passion both are high. If the level of intimacy does not grow, the relationship and love vanishes with time and no feelings are left between the partners. Hence, for an infatuated love to develop and the relationship to be strong, the level of intimacy and commitment must flourish. In conclusion, we can that the triangular theory of love provides good information about how love grows and the level of the three dimensions of love in each relationship. This theory provides a better insight in the relationships and the needs to grow one or the other aspect in order to keep the love relationship strong and

Project Proposal Essay Example for Free

Project Proposal Essay Background and Motivation What is the setting and history behind this project? Customer Relationship Management concerns the relationship between the organization and its customers. Customers are the lifeblood of any organization be it a global corporation with thousands of employees and a multi-billion turnover, or a sole trader with a handful of regular customers. Customer Relationship Management is the same in principle for these two examples it is the scope of CRM which can vary drastically. CRM, or Customer Relationship Management, is a way for businesses to find potential customers. While the first iterations of CRM were used in the 1980s, it wasnt until the 2000s that it really began to shine. CRM software helps businesses identify and categorize existing customers. This allows them to see the specific demographics their products appeal to, in turn allowing them to market their products more effectively. What is the problem to be addressed? Many organizations are considering introducing CRM systems or are in the process of doing so. The main concern of these organizations is their ability to make the necessary changes at the level of organizational strategy that the introduction of the CRM system requires. Organizations are also concerned about damaging their existing customer care system. Their fears are based on past failures in their own or in other organizations. What are some current approaches to this problem? 1. The users dont use the CRM system My personal view is that most people do not come to work to fight the system. If users are rejecting the CRM system then we need to try to understand the reasons. In most cases this can be traced to a lack of management support for CRM. If users feel that their conscientious updating of the CRM system is not used then they will stop using it. Examples of managers refusing to use the CRM system, requesting reports in Word or Excel format, and enjoying a successful CRM implementation are nonexistent. The simple fact is that leaders need to lead – that means that everyone from the very top down must use the CRM system. 2. The users want to use the CRM system, but the technology is failing them Another point of belief; CRM software developers do not set out to ship bad software. So even if you have selected a software platform that we don’t sell, it is unlikely that the CRM issue will be bugged software. The most common reasons for technology failing are tied to speed or ease of access. If your users cannot access the CRM system whenever or wherever they want then they will drift away. 3. The original driving force for the CRM project has moved on It is often said that a new broom sweeps cleanest. All too often changes in management herald changes in the CRM system. Users who were previously happily using the CRM system, struggle to adopt changes. Users who were struggling with the system, legitimize their behavior with reference to changes that may, or may not be coming. 4. The CRM system does not deliver all of the functions required This might be the result of changes in the business, or changes in the management or reporting requirements. Typically this is first visible as a potential Business Intelligence (BI) requirement. The need is to integrate all of the systems that surround the CRM system. From quote creation, to web store integration, systems proliferate to surround the CRM system. Requirements, not anticipated in the initial CRM project create additional customer data silos. Left unchecked these will ultimately undermine the â€Å"single view of the customer† CRM seeks to deliver. Why is this problem worth solving or worth solving better? Customer relationship management (CRM) is a widely implemented model for managing a company’s interactions with customers, clients, and sales prospects. It involves using technology to organize, automate, and synchronize business processes—principally sales activities, but also those for marketing, customer service, and technical support.[1] The overall goals are to find, attract, and win new clients, service and retain those the company already has, entice former clients to return, and reduce the costs of marketing and client service.[2] Customer relationship management describes a company-wide business strategy including customer-interface departments as well as other departments.[3] Measuring and valuing customer relationships is critical to implementing this strategy. Benefits of the Project/Product * One of the major benefits of having a CRM is that it improves the quality of service. The CRM collects all information of the clients then analyzes the data and help you in decision- making. With the help of Customer Relationship Management, you will assured that your system is running safe and secure. Another benefit of having a CRM software is that it can help you save a lot of money. Of course, purchasing a software might be expensive but compared on hiring, training and paying employees, it will save you a lot. * Having a Customer Relationship Management software needs to have careful planning. Remember that in this system, the relationship between your company and your clients is at stake. You have to plan out everything. It is also important that you consider its usability. You have to determine the benefits it will bring to your company and its impact in your business as well as your employees. * Since all information provided by the customers were collected by the CRM, it is important to keep them secure. The company as well as the vendors should ensure the quality of the system that it is secure enough to protect confidential information. Scope and Limitations of the Project The scope limitation option on workflows in MSCRM is a great feature that unfortunately has half baked functionality. Particularly when dealing with large organizations with multiple Business Units, it’s compelling to try and limit scope to the Business Unit level. This works fine until you realize the limitations. Seeing as how workflows can only be owned by people, you MUST assign each workflow to a user in the business unit you’d like scope limited to. As soon as you attempt this, you’ll need to deactive the workflow, assign to the appropriate user, have that user log into the system, and re-activate the workflow. Needless to say, this is not a feasible maintenance scenario for organizations rolling out to dozen(s) of business units.

Change Management at ExxonMobil

Change Management at ExxonMobil Introduction: The purpose of this report is to critically evaluate the change management policies of ExxonMobil Corporation with special of focus on. Factors influencing Exxon Mobil Cooperation. Alternative form of organizational development. effectiveness of Exxon Mobil strategy for managing change with in the organization . problems in managing change ExxonMobil is the largest publically traded energy company which evolve form small marketer of kerosene in regions of United States to the largest publically traded petrochemical and petroleum company/business in the world which operate in many parts of the world over a time period of 125 year. 1 ExxonMobile prepare product that which are as diverse as supplying petrochemical building blocks from which thousand of other products used by individual consumers are made to drive new generation of transportation, power cities and to lubricant industry. Today ExxonMobil is energy for growing economies and helping improve the standard of life throughout the world. ExxonMobil has build its structure on the structure on globalize basis and therefore its designed in itself allow ExxonMobil to compete in the best possible way in the dynamic market of energy industry worldwide and furthermore ExxonMobil always strive for and use innovative and changing technology to deliver its energy product which includes exploration, production and finally sell of crude oil, natural gas and petroleum product not only in United States but throughout the world . Task 1 Factors affecting and influencing Exxon Mobile is innovation and change strategy. Environmental awareness among public cause energy companies like ExxonMobil to work in a more responsible way due to increase expectation of public. Today competitive and informed world it is increasingly important and become a necessity for energy companies the change the way the use to conduct their operation and to strive for and achieve operational excellence with following areas are critical such ethical operations, safety of employees, environment , local community etc, corporate governance and corporate social responsibility, security, operations reliability , healthy and energy efficiency with good environmental performance, investment in environmentally sound together economically worthwhile projects. 2 Today environmentally concern and active atmosphere requires from energy companies especially from industry giants like ExxonMobil to not only follow law and regulations in later and spirit as minimum but go beyond and comply an uphold high standard even to place/areas where there is no particular legal requirement. Therefore it is increasingly important for energy companies especially big names like ExxonMobil to not only achieve good results but also look at the means of achieving those results and develop uphold high ethical standard with strong controls in business and practical approach and actions regarding corporate governance and social responsibility. 2 Energy market is traditionally and by its very nature is significantly different from other business as here decision are made for the future as long as as decade ahead instead months or years in other business and therefore decision making require formal and discipline, organize approach . Innovation and continuous change in technology is essential in todays energy industry as through technological innovation new opportunities are created by delivering least cost solutions development which is vital for success in this dynamic and competitive environment together with this technological innovation and change is vital and for improving performance as well. Operating a one global functional organization is one of most significant challenge which todays organization faces with common standard process and culture of one corporation generate significant competitive advantage and finding new ways to increase cooperation and working one big global functional organization is important factor to consider when making change and innovation strategy. Extraordinary performance of any organization will always depend on the performance people working in it. Therefore any change and innovation strategy must take into account human factors and try to attract and retain outstanding people. Contributing to community in which business is operating is also important factor and therefore must be consider when making strategy for change as it give positive image of an organization which is important asset. The ultimate aim of any business to make profit and therefore any strategy must take into account the financial worth of different measures to be taken. Global reduction in demand for energy due to recession and other reason create additional pressure on our industry. Leaders around the world are discussing importance of climate change policies which create significant legislative un certainties which would have significant and huge long term impact every one using developing or using energy. The fact is, government and private-sector assessments of the worlds energy needs consistently highlight the certainty of rising demand over time. As the world grows and economies develop, future demand for energy will grow dramatically. The International Energy Agency and many others predict that the worlds total energy demand will grow by 35 percent in 2030 versus the demand in 2005, even after factoring in the current economic slowdown. 2 Task 2: Bureaucracy is a way of organising work in which people are treated as interchangeable and replaceable cogs to fill specialised roles. Two key features of bureaucracy are hierarchy and a specialised division of labour. Other characteristics of an ideal bureaucracy are rules which describe the duties of members, a set of standard operating procedures, and impersonal relations between members. In a model bureaucracy, initiatives and policy directions come only from the top echelons. Work in carrying out policies is done at the lower levels within the guidelines set from above. Most large modern organisations are bureaucratic in form: government departments, corporations, political parties, churches and trade unions. None of these real organisations are pure bureaucracies. For example, initiatives and policy directions in political parties and trade unions sometimes come from the rank and file. The main demerit of bureaucratic organizations includes lack of innovation. All the processes and tasks are so much fixed that the innovation process is almost eliminated in bureaucratic organizations. Employees get demotivated because of lesser employee participation and involvement. HR cant be utilized in the fullest manner by optimizing creativity which is the prime disadvantage in bureaucratic structure of the organizations. Advantages include the increased control and monitoring of upper level management. The success of the organizations depend upon the wise decisions of top management. If the top management is good, then results can be favorable and if the top management is not good then it can result in disaster. Task 3 Importance of change strategy for ExxonMobil and Potential problems : Now that we had look at the various factor affecting and influencing the change and innovation strategy now we would look at the importance of change to ExxonMobil. There is never been more importance and need for energy industry to think ahead and formed strategies which are essential to address the difficult challenges that this industry face and improve the efficiency of value chain of entire energy industry. In todays increasingly environmentally conscious and concern environment energy companies are not only expected by but required to show more commitment to safety, security, health and of course the environment/ climate in order to not only survive but achieve superior results. And therefore Exxon has to change the way industry work in past and develop new and innovative approach to things. Potential problem from changing the manner in which energy business use to operate will be most importantly cost as new approach to things required financial and other resource. ExxonMobil is in operation since past 125 years and its would be very challenging to difficult to change the culture and manner in which it work in past such as bringing safety and health concerns embedded in the culture in of ExxonMobil would require lots of efforts training and commitment from senior management and middle management. The energy industry is has the most important role to play as it has played in past (by providing significant tax revenue to governments, providing huge employment and increase share holders value )in the development of not only national economies but global development. The potential problems are legislature and people are taking energy industry as source of additional tax revenue which is though short term view which will restrict growth in long term and so that new jobs and high energy cost for consumers. The oil and gas is expected to remain primary source of energy and expected that almost 60% of energy supply of world till 2030 will be through oil and gas. Although there is enough oil reserve according to source there are four trillion barrels of oil and gas reservoirs are present around the world but problems with their extraction as only one trillion is extracted till now Therefore there is still significant amount challenges ahead in terms of scale of efforts and technological deployment required and required for long term not for years and months but decade and generations as this new supply of energy will come from thousands of mile away or thousands of feet below the sea level, so to keep energy supply stable international energy agency estimate that an investment of 25 trillion dollars required . There is another problem associated with the energy demand and finally is the environmental impact on increase energy as carbon dioxide emission of the world is increasing by an average on one percent per year. The continues improvement of operations will not only result in result in fueling the economic growth in this turbulent time but also meet the future need s of energy product. There is huge demand of energy in future expected and therefore this demand will create opportunities for energy companies to develop new source of energy and improve their existing operation to improve efficiency. The problem with improving efficiency is that it require financial resource and with measure taken by governments to increase tax on energy products limiting its ability to invest in improvement of its operations but energy industry must continue to improver their safety and reliability of operation with efficiency of its plants and increase shareholders return. Task 4 Issues encountered during implementation of change Exxon mobile has an effective strategies to deal with the problem arises as a result change and innovation strategies takes place. ExxonMobil responded on setting high standards for operation through its operation integrity management systems which provide a framework to ensure its operation safe and according to standard set.In past there were very few incident with very rate of work related injuries and illness show effectiveness of its safety strategy in past. ExxonMobil reduce its corporate wide lost time incident rate by setting priorities, measuring progress and holding people accountable Exxon has given particular importance to operational efficiency in past and therefore they can claim that operational efficiency in build in deep inside in their culture Operations safety and integrity are central to the successful execution of ExxonMobils business strategies. The objective of operational excellence is embedded in our company culture and drives continuous improvements in all areas of our business. ExxonMobil has developed a wide range of management and operating systems that address critical aspects of our business, including: ethics, safety, corporate governance, security, health, environmental performance, operations reliability, business controls, project investment and execution, energy efficiency, profit improvement, and external affairs. The disciplined application of these management and operating systems, deployed through our functional organization, has consistently delivered superior result. Operate in a Safe and Environmentally Responsible Manner ExxonMobils long-term safety performance leads the industry. Its commitment to safety, security, health, and the environment creates a solid foundation for superior results inall aspects of our business. ExxonMobils senior management and employees are committed to the goal of creating an incident-free workplace, and our culture reflects this objective. ExxonMobil drives improvement in environmental performance with the goal of reducing incidents with real environmental impact to zero. i t conduct business using an approach that is compatible with both the environmental and economic needs of the communities in which we operate. ExxonMobil has developed a wide range of management and operating systems that address critical aspects of our business, including: ethics, safety, corporate governance,  security, health, environmental performance, operations reliability, business controls, project investment and execution, energy efficiency, profit improvement, and external  affairs. The disciplined application of these management and operating systems, deployed through our functional organization, has consistently delivered superior result Uphold High Standards ExxonMobil adheres to all applicable laws and regulations as a minimum standard, and, when requirements do not exist, they apply responsible standards to their day to day operations. Which shows believe that a well-founded reputation for high ethical  standards, strong business controls, and good corporate governance is a priceless corporate asset. This means that how they give importantance to achieve results is as important as the results themselves. They choose the course of highest integrity in all of their business interactions. Directors, officers, and employees must comply with their Standards of  Business Conduct. Invest with Discipline The energy industry is a long-term business that requires decisions to be made with a time horizon that is measured in decades, rather than months or years, and that spans multiple business cycles. Projects are tested over a range of economic scenarios to ensure that risks are properly identified, evaluated, and managed. This approach enables superior investment returns through the business cycle. ExxonMobil proven project management system incorporates best practices developed around the world. Emphasis on theearly phases of concept selection and effective project execution results in investments that maximize resource and asset value. ExxonMobil complete a rigorous reappraisal of all major projects and incorporate learnings into future project planning and design, further strengthening our capabilities. Differentiate with Proprietary Technology Technology is vital to meeting the worlds growing demand for energy. ExxonMobil has a long-standing commitment to fundamental research to develop and grow our technical capabilities and to deliver advantaged technologies for all of our businesses. ExxonMobil have a wide array of research programs designed to meet the needs identified in their functional businesses. Over the past five years, ExxonMobil have invested more than $4 billion in research and development. ExxonMobil global functional organization enables rapid deployment of new technologies to ensure early value capture. 2 It is also important to create and support a culture where every employee and contractor understands he or she must take part in creating a safe workplace. For instance, ExxonMobil refineries in Beaumont and in Joliet, Illinois, they have worked to achieve OSHA recognition as Star sites in OSHAs Voluntary Protection Program (VPP). 2 ExxonMobil commitment to safety also yields benefits reflected in the bottom line especially important in these challenging economic times. A safe workplace is a more productive one. operational excellence refers to a constant focus on improving efficiency, a more efficient operation yields numerous benefits, including lower costs and fewer emissions. In terms of identifying energy savings at ExxonMobil, their Global Energy Management System has proven to be one of their most important tools for bringing about positive, long-term change. This initiative helps identify potential energy efficiencies in their operations, and allows them to use resources more effectively, ultimately reducing e energy usage and emissions from theri operations. This energy efficiency program began by tapping knowledge from their best operations around the globe. We looked at every link in the energy chain, documented their best practices and then applied those lessons to their worldwide operations. Each day, as part of this initiative, they track more than 12,000 energy variables worldwide, using them to improve both individual plants and global operations. Since 2000, they have identified $1.5 billion in potential efficiency savings, approximately 60 percent of which have now been captured. 2 One of ExxonMobil most important energy efficiency stories is one that is critically important to refining cogeneration. ExxonMobil currently have interests in approximately 100 cogeneration plants in more than 30 facilities around the world. Their latest expansion in Antwerp, Belgium, inaugurated a 125-megawatt cogeneration facility. That new plant will reduce Belgiums carbon dioxide emissions by approximately 200,000 tonnes per year. Leveraging Scale and Integration There are also opportunities for refiners to capture efficiency benefits from world-scale, integrated manufacturing sites. At ExxonMobil, more than 75 percent of their refining capacity is integrated with either their lubes or chemical businesses or in some cases, both. These integrated operations allow us to optimize manufacturing processes, lower costs and improve product yields. Integration also brings significant circuit synergies. ExxonMobil global network of reliable and efficient manufacturing plants, transportation systems, and distribution centers enable them to provide fuels, lubricants, and other high-value products to customers in more than 100 countries and territories. their global supply organization directs raw materials to their refineries, finding the most efficient processing configuration and determining the best way to supply products to their customers around the world. Every day, this network lowers costs and optimizes overall supply chain performance. ExxonMobil also think it is important to find ways to improve product yields and increase feedstock flexibility. their refineries currently have 40 percent more conversion capacity than the industry average, allowing to produce more, higher-value products per barrel of crude processed. In fact, since 2003, they have added about 90,000 barrels per day of additional conversion capacity to refineries effectively adding one new conversion unit to facilities every two years. In addition, by using proprietary Molecule Management technology ExxonMobil continue to grow raw material flexibility. As part of this program, they have developed molecular fingerprinting technology that enables themto better understand of the key characteristics of a crude well beyond its physical characteristics, right down to its chemical and molecular makeup. This, in turn, has allowed them to make a step-change improvement in crude selections that maximize yields of higher-value products, while at the same time increasing utilization of new and lower cost crudes. In fact, last year they processed 150 crudes new to individual refineries. 2 Long-term Investments This brings me to a key point of investing through the business cycle. ExxonMobil, believe that to be successful long term, they must continue to invest to sustain competitiveness regardless of business conditions. ExxonMobil know that in the long run, demand for energy and for refined products will grow and to meet future demand, they must act now and invest capital and human ingenuity into expanding supplies and increasing efficiency. That is why they continue to invest in improvements and new projects, even during these challenging times. ExxonMobil announce late last year regarding significant investments to increase production of low-sulfur diesel. We plan to spend more than $1 billion to expand their refineries in Texas, Louisiana, and Belgium, to meet the growing demand for low-sulfur diesel. When completed next year, these expansions will increase diesel production by approximately 6 million gallons a day the equivalent to the diesel produced from about four average sized refineries. With these expansions ExxonMobil is taking steps not just to meet that demand but will be meeting growing demand with a more advanced, cleaner-burning fuel. 2 Any discussion of demand growth in developing countries must include Asia Pacific. Between 2005 and 2030, we expect total liquids demand to grow about 2 percent per year in this dynamic region. This translates to an increase of 65 percent by 2030. Refiners will need to move aggressively to meet that demand growth. Next month ExxonMobil will participate in a celebration marking the completion of the Fujian Petroleum and Petrochemical Complex, a joint venture between Sinopec, the Fujian Province in China, Saudi Aramco, and ExxonMobil. This expanded facility will process 240 thousands of barrels per day of crude, and includes a 250-megawatt cogeneration facility. But even with this ambitious project in place, more capacity will be needed as energy demand soars around the world. Investing in technology for the future Interestingly, some people do not realize that the oil and gas industry is a high-tech industry! But the best hope for addressing the enormous dual challenge of meeting growing energy demand while mitigating emissions is through development and deployment of new advanced technologies. Developing and deploying promising technologies requires long-term thinking, focus, and disciplined investments the same fundamentals that have driven our businesses for more than 100 years. ExxonMobils more recent technology developments. One of their technology focus areas directly relates to consumers our work on advanced vehicle technologies . In the worlds massive transportation sector, even tiny improvements in efficiency can yield impressive benefits to both consumers and society. As an example, their energy-saving plastics are making vehicles lighter, and their improved tire inner liners help reduce tire weight and keep them inflated longer, which is important for fuel economy. They have also developed lower viscosity lubricants like Mobil 1 Advanced Fuel Economy which can improve fuel economy by up to two percent versus motor oils most commonly used. To put that savings in perspective, if one-third of U.S. motorists reduce their gasoline consumption by two percent, it would prevent the emission of about 8 million metric tons of carbon dioxide per year, which would have the same effect as taking about 1.5 million cars off the road. ExxonMobil are also improving vehicle-battery technologies. In 2007, ExxonMobil unveiled new separator filmsNaN, developed by their chemical company, for lithium-ion batteries. These films have the potential to improve the energy efficiency and affordability of next generation hybrid electric vehicles. If just 10 percent of the light-duty vehicle fleets were hybrids, the resulting carbon-dioxide reduction would be equal to taking five million cars off the road. 2 And finally, ExxonMobil scientists and engineers are working with those from other industries on a breakthrough technology that could advance the use of hydrogen fuel cellsNaN. This new technology, which has been under development for more than a decade, will be applied first to industrial applications, such as forklifts. their approach quite different than most converts traditional hydrocarbon fuels, such as gasoline, into hydrogen directly on-board the vehicle, eliminating the need for separate facilities to produce and distribute hydrogen. Measured on a well-to-wheels basis, this on-board hydrogen fuel system could be up to 80 percent more fuel-efficient, and emit 45 percent less carbon dioxide, than internal-combustion engines. ExxonMobil is also investing in integrated solutions that could be even more transformative. In 2002, ExxonMobil launched the Global Climate and Energy ProjectNaN in concert with Stanford University. Along with our co-sponsors General Electric, Schlumberger, and Toyota, we are investing $225 million at Stanford and other leading institutions around the world to research and develop truly game-changing technologies. Our goal is to bring together some of the worlds best scientific and engineering minds to perform fundamental scientific research research that can redefine the field. Conclusion Few industries are more instrumental to economic growth and development than the energy industry. And in the years ahead, the role energy industry play in meeting the worlds increasing energy needs will only grow. Looking at current economic challenges, ExxonMobil must maintain our commitment to safety, reliability, and continuous improvement in our operations. And finally, the worlds shared energy challenges will require long-term planning and a steadfast commitment to develop and deploy new technologies that meet multiple objectives. A commitment to innovative thinking and deployment of new technologies will expand energy supplies, increase energy efficiency and reduce greenhouse gas emissions all helping to keep people, communities and nations safe and prosperous. Not only will these strategies ensure ExxonMobil return value to shareholders, they will be key to economic growth and increasing opportunity for all. References ExxonMobil, 2010. Financial and Operating review. London, ExxonMobil {online} Available at http://ir.exxonmobil.com/phoenix.zhtml?c=115024p=irol- reportsOther (Last Access 19th July 2010) ExxonMobil, 2010. Annual Report. London, ExxonMobil {online} Available at http://ir.exxonmobil.com/phoenix.zhtml?c=115024p=irol-reportsOther (Last Access 19th July 2010) Anna Nagurney: Supply Chain Network Economics: Dynamics of Prices, Flows, and Profits, Edward Elgar Publishing, Strahan, David, 2008. :The last oil shock :a survival guide to the imminent extinction of petroleum man, London, John Murray, 2008. Robert, Paul, 2005: The end of oil :the decline of the petroleum economy and the rise of a new energy order, London. Bloomsbury, 2005. Julia,balogun. : Exploring Strategic Change David Buchanan :Power politic and organization change Research paper and Journal Articles Reviewed by me Risking Investor Value ? ExxonMobil and Climate change by Mark mansley LAGS FAR BEHIND paper on 17 leading institutional investor want meeting with ExxonMobil board. 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