Saturday, September 21, 2019

World Economy Essay Example for Free

World Economy Essay Having goods transported to Western Europe from Asia was difficult and the Europeans did not have the technology to acquire theses goods themselves therefore the Middle East becomes the middle men which started to become pricey. During the 15th century, a series of technological improvement triggers the Europeans to set out and acquire these good themselves. The Europeans had gain a spark of interest of the Asia after the Crusades. The European’s never had direct trade with south and East Asia but was familiar to Asian good mostly the upper class. Also the people of the west wanted to go out and discover, moving away from the fear of fall of earth’s edge also helped begin these explorations. The western powers wanted more land and they knew more land meant more goods that they can use and as well as export.The only power that the western Europeans faced was the lack of advanced technology to help then succed these goals. The first expeditions were limited because of the lack of proper technology, like small oar-propelled ships that were usually used in Mediterranean trade therefore was not useful when it came top traveling far into the ocean. This factor led to the invasion of a better way to traveling the Atlantic. Deep-draft, round-hulled sailing ships made further exploration possible. The Europeans also began to use the compass that was originally made during the Han China, but the Europeans were starting to improve it as well. Mapmaking and other navigational developments were made as it is mentioned that navigation schools were present and they encouraged exploration. Explosives were another Chinese invention that aided the Europeans with their conquest of land, explosives were adapted into gunnery. Advances in European metalwork which helped to create the first guns and commons. Greed, curiosity and rivalry is triggered the desire the go beyond Europe and discover what the rest of the world had to give. In conclusion, It can be said that technology plays a significant role in making these ideas became reality, technological improvements and new inventions aided an age of Exploration or European global dominance.

Friday, September 20, 2019

Decision of Ex Parte Datafin plc Analysis

Decision of Ex Parte Datafin plc Analysis A critical analysis of the manner in which the decision in R v Panel on Takeovers and Mergers; Ex parte Datafin plc [1987] 1 QB 815 is being dealt with under Australian law. Introduction The case of Datafin is an accepted element of public law in England; however Australian law is unclear to its applicability as courts reference the principle cautiously in the absence of a case pertaining substantive facts. The Datafin principle provides that a decision-making body may be subject to judicial review whether it is exercises its power from statute or private contract. That is to say, both the source and the nature of the power being exercised are to be considered when determining if a body is amenable to judicial review. In Australia, the Administrative Decisions (Judicial Review) Act 1977 (‘ADJR Act’) provides a statutory right to judicial review however a common law right (which may exist under the Datafin principle) is yet to be decided. Without a final decision from the High Court as to its applicability, the Datafin principle will continue to be dealt with tentatively on a case by case basis. However recent cases from lower and appellate courts indicate that the principle will most likely apply here as it does in England when a case with the relevant facts arises. Current Position in Australian Law There is no clear authority for the adoption of Datafin in Australia despite many decisions with reference to the principle. The closest the courts have come to taking an authoritative position regarding Datafin is the High Courts ruling in NEAT Domestic Training Pty Ltd v AWB Ltd.[1] This case marked a ‘paradigm shift’ in the delivery of administrative governmental services from being almost purely derived from statute to a mixture of private and public bodies.[2] In this case the High Court took an interpretation of Datafin to focus solely on the source of the power with no consideration to the power’s possible administrative/public nature. However, the conclusion in NEAT was very much limited to unique facts of the case and did not intend to be taken as a response to the broader issue of whether Datafin applies in Australia (i.e. whether public law remedies such as judicial review can be granted against private bodies). In this case, the improper exercise of discretionary power was argued by a wheat trader against the Australian Wheat Board (AWB). However since the AWB was a private body brought into effect by the Corporations Law (Vic), it was found that its power was not derived from the statute which NEAT was arguing under (the Wheat Marketing Act 1989). The AWB’s decision-making power was therefore not subject to the ADJR Act which sets out a requirement that decisions must be made â€Å"under an enactment† in order to be amenable to judicial review. Justice Kirby argued an in-depth and seemingly valid dissent in favour of adopting the Datafin principle to apply to the four:one majority decision. He raised the concern that if the wheat board was not amenable to judicial review it would essentially hold almost complete and unreviewable power over Australia’s wheat export industry. Therefore, the interests of the nation (or an issue of public significance) are irrefutably affected by a private body; a point acknowledged but not expressly addressed by Gleeson CJ. A conclusion can be drawn from NEAT that only the source and not the nature of the power is relevant when determining applicability of judicial review in Australia. This conclusion is alarming when considering the Commonwealth could effectively insulate itself from all legal and political accountability if each public decision-making body was privatised in a similar fashion to AWB Ltd.[3] An example of this conclusion can be seen in Griffith University v Tang,[4] where a student excluded from enrolment in university failed in her request for judicial review due to the university not making their decision under an enactment. Despite the university being deemed a ‘public’ decision-maker,[5] the judgements consider the nature of the university’s relationship to Tang to be voluntary (i.e. ‘private’). Therefore the source of power element could not be satisfied removing the need for the court to consider the substantive nature of the power.[6] In reaching this decision, their Honours accepted the reverse possibility that a private decision-maker could be considered ‘public’ and therefore amenable to judicial review.[7] The main implication of the decision in NEAT is that courts have essentially been advised not to make a decision about the applicability of Datafin until it is absolutely necessary.[8] Evidence of this deferral to make a decision about the principle has the courts intentionally not mentioning it in judgements even when parties make extensive submissions on Datafin to base their arguments. For example, the unanimous decision in the Offshore Processing Case[9] did not mention Datafin even once despite multiple submissions by both parties. Gradual Acceptance of the Datafin Principle by Australian Courts In Masu Financial Management Pty Ltd v Financial Industry Complaints Service Ltd,[10] a corporation which dealt with financial industry complaints was deemed susceptible to judicial review. Justice Shaw described the corporation as a ‘public’ body, pointing to government involvement in its foundation and processes. Here it was held that the preponderance of authority in Australia indicates that Datafin is applicable, at least to companies administering external complaints in the finance industry.[11] In contrast, the case of Chase Oyster Bar v Hamo Industries[12]allowed Basten JA to explore the applicability of Datafin where he concluded that the decision Masu and did not amount to authority of acceptance of the principle.[13] Prior to this 2010 decision, Datafin had been referred to in Australian law with ‘apparent approval’.[14] Regardless, the Masu decision provided a foundation for Kyrou J’s later decision in CECA Institute Pty Ltd v Australian Council for Private Education and Training.[15] In this case it was held that the Datafin principle may render a private body to be subject to judicial review if that body is performing a ‘public duty’ or exercising a power with a ‘public element’. Defining a ‘public element’ of a decision, once described as â€Å"question-begging†[16] can be reasonably objectively determined from extensive English case law.[17] In the circumstances of this case, a link to a ‘public element’ could not be established and the matter was instead settled by private law.[18] A similar but more recent judgement in Mickovski v FOS[19] also suggested that the Datafin principle applies to Australian law provided the necessary public element can be satisfied.[20] In this case, an argument was raised that a public element existed by way of requiring a mechanism for private dispute resolution. However Pagone J held that the Datafin test failed as the corporation did not exercise government functions and its power over its members was derived from contract (therefore only allowing private law remedies). In doing so, the judgement cited and affirmed Kyrou J’s reasoning from Masu.[21] Shortly after this decision, the Australian Law Journal published an article by Kyrou J examining Datafin’s applicability to Australian law.[22] Justice Kyrou cited the Mickovski decision as an authority for the rule’s acceptance. However since the paper was published, Mickovski was appealed.[23] In the appeal, although dismissed, Pagone J was overruled in that the Datafin principle did not apply to the facts considering there was no public law justification for the request of judicial review. The Court explained in its dismissal of the appeal that with increasing privatisation of various government functions comes the need for the availability of judicial review in relation to administrative and public functions.[24] At [31], it was said that the Datafin principle provides a ‘logical’, approach to satisfy that requirement.[25] Buchanan, Nettle JJA and Beach AJA went on to conclude that it is doubtful that even a wide interpretation of Datafin would be appl icable to contract-based decisions.[26] Therefore, Kyrou’s argument and call for approval is not discredited and it appears likely that the Datafin test will be appropriate when the relevant facts and circumstances arise in future. It is significant to the current position that Datafin has never been rejected in Australian courts. However cases exist which are unfavourable to its ‘apparent approval’ prior to Chase. In particular, in Khuu Lee Pty Ltd v Corporation of the City of Adelaide,[27] it was specifically stated by Vanstone J in the Supreme Court of South Australia that Datafin â€Å"has not yet been adopted in Australia†.[28] At [30], her honour said â€Å"within intermediate appellate courts there are, at best, conflicting views as to whether [Datafin] represents the common law of Australia†. Should Datafin Apply in Australian Law? Writing extra-judicially, now-retired QC, Raymond Finkelstein stated that the courts’ function in relation to administrative law and judicial review should be to â€Å"ensure that all bodies – private or otherwise – that perform public functions do so in accordance with the law.†[29] Senior University of NSW Professor, Mark Aronson hints at the applicability of Datafin in Australian law and argues that â€Å"public power is increasingly exercised from places within the private sector, by non-government bodies, and according to rules found in management manuals rather than statute books. If judicial review is about the restraint of public power, it will need to confront these shifts in who exercises public power, and in the rules by which they exercise it.†[30] A similar sentiment was held by Kyrou J in his decision in Masu that Datafin â€Å"represents a natural development in the evolution of the principles of judicial review†¦ [It] is essential in enabling superior courts to continue to perform their vital role of protecting citizens from abuses in the exercise of powers which are governmental in nature†.[31] Since the Datafin principle has been adopted in Canada and New Zealand, there is also an argument supported by Kyrou J that on a constitutional level, Australia ‘should be consistent with the law of other important common law jurisdictions’.[32] The arguments put forward are not without criticism however. The evolution of private bodies administering administrative/public functions is considered by some to be a new area of law which requires fresh regulation rather than ‘shoehorning’ the issues to fit into Datafin.[33] This arguably explains why the principle is so reservedly discussed in judgements where the elements of Datafin frequently cannot be made out. The granting of judicial review against a private body’s excision of power which was neither statutory nor executive has occurred only once in Australia (in the case of Masu). Most cases which reference Datafin do so in obiter dicta simply to raise overlaps with other areas of law which have more established remedies and boundaries than attempting to expand administrative law principles. That is not to say more than one area of law cannot co-exist with certainty. Conclusion Despite significant and extensive ‘apparent approval’ of the Datafin principle, it is impossible to determine the validity of the rule in the absence of a High Court decision. However, the number of cases citing Datafin with favourable obiter appears to outweigh the number of cases which reference it with reservation. Whilst the obiter of NEAT recognises Datafin’s applicability in Australian law going forward, the actual decision of the case lends authority against its adoption. Regardless, in the unlikely event that the Datafin principle is rejected, private decision-making bodies performing public and administrative functions will not be immune to judicial review. The increasing trend of government divestment of administrative functions to private bodies will simply be dealt with judicial independence, allowing natural justice to form a either more refined interpretation of the Datafin principle. Bibliography Cases CECA Institute Pty Ltd v Australian Council for Private Education and Training (2010) 30 VR 555. Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393 Griffith University v Tang (2005) 221 CLR 99 Griffith University v Tang (2005) 213 ALR 724 Khuu Lee Pty Ltd v Adelaide City Corporation (2011) 110 SASR 235. Masu Financial Management Pty Ltd v Financial Industry Complaints Service Ltd (No 2) (2004) 50 ACSR 554 Mickovski v Financial Ombudsman Service Ltd [2011] VSC 257 Mickovski v Financial Ombudsman Services Limited Anor [2012] VSCA 185 Mickovski v Financial Ombudsman Service Ltd (2012) 91 ASCR 106 NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 R (Beer) v Hampshire Farmers’ Markets Ltd [2004] 1 WLR 233 R v Panel on Takeovers and Mergers; Ex parte Datafin plc [1987] 1 QB 815 Textbooks Matthew Groves (ed), Modern Administrative Law In Australia: Concepts And Context (Cambridge University Press, Australia, 2014) Journals Neil Arora, ‘Not so neat: non-statutory corporations and the reach of the Administrative Decisions (Judicial Review) Act 1977’ (2004) 32(1) Federal Law Review 141 Emillos Kyrou, ‘Judicial review of decisions of non-governmental bodies exercising governmental powers : is Datafin part of Australian law?’ (2012) 86(1) Australian Law Journal 20 Katherine Cook, ‘Recent Developments in Administrative Law’ (2012) 71 AIAL (Australia Institute of Administrative Law) Forum 1 Graeme Hill, ‘Griffith University v Tang – Comparison with Neat Domestic, and the Relevance of Constitutional Factors’ (2005) 47 AIAL (Australia Institute of Administrative Law) Forum 6 Matthew Groves, ‘Should we follow the Gospel of the Administrative Decisions (Judicial Review) Act 1977 (Cth)?’ (2010) 34 Melbourne University Law Review 737 Mark Aronson, ‘Private Bodies, Public Power and Soft Law in the High Court’ (2007) 35 Federal Law Review 1 Raymond Finkelstein, â€Å"Crossing the Intersection: How Courts are Navigating the ‘Public’ and ‘Private’ in Judicial Review† (2006) 48 AIAL (Australia Institute of Administrative Law) Forum 1 Other CCH, Australian Company Law Commentary, ‘Internal and external dispute resolution procedures – ASIC’s policy: s 912A(1)(g), (2)’ (at 26 August 2013) [273-300]. 1 Sean Roche, N8844330 [1] NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277. [2] Neil Arora, ‘Not so neat: non-statutory corporations and the reach of the Administrative Decisions (Judicial Review) Act 1977’ (2004) 32(1) Federal Law Review 141, 161. [3] Neil Arora, ‘Not so neat: non-statutory corporations and the reach of the Administrative Decisions (Judicial Review) Act 1977’ (2004) 32(1) Federal Law Review 141, 160. [4] (2005) 221 CLR 99. [5] Griffith University v Tang (2005) 213 ALR 724 at 750-751 [108]-[110]. [6] Griffith University v Tang (2005) 213 ALR 724 at 766 [159]-[160]. [7] Graeme Hill, ‘Griffith University v Tang – Comparison with Neat Domestic, and the Relevance of Constitutional Factors’ (2005) 47 AIAL (Australia Institute of Administrative Law) Forum 6, 8. [8] (2012) 91 ASCR 106, [32]. [9] Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319. [10] Masu Financial Management Pty Ltd v Financial Industry Complaints Service Ltd (No 2) (2004) 50 ACSR 554. [11] CCH, Australian Company Law Commentary, ‘Internal and external dispute resolution procedures – ASIC’s policy: s 912A(1)(g), (2)’ (at 26 August 2013) [273-300]. [12] Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393. [13] Chris Finn, ‘The public/private distinction and the reach of administrative law’ in Matthew Groves (ed), Modern Administrative Law In Australia: Concepts And Context (Cambridge University Press, Australia, 2014) 3, 56. [14] Emillos Kyrou, ‘Judicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?’ (2012) 86(1) Australian Law Journal 20, 22. [15] CECA Institute Pty Ltd v Australian Council for Private Education and Training (2010) 30 VR 555. [16] R (Beer) v Hampshire Farmers’ Markets Ltd [2004] 1 WLR 233, [16]. [17] Emillos Kyrou, ‘Judicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?’ (2012) 86(1) Australian Law Journal 20, 31. [18] Ibid, 570, 576. [19] Mickovski v Financial Ombudsman Service Ltd [2011] VSC 257. [20] Ibid, [12]. [21] Mickovski v Financial Ombudsman Service Ltd [2011] VSC 257, [9]. [22] Emillos Kyrou, ‘Judicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?’ (2012) 86(1) Australian Law Journal 20-33. [23] Mickovski v Financial Ombudsman Service Limited Anor [2012] VSCA 185. [24] Katherine Cook, ‘Recent Developments in Administrative Law’ (2012) 71 AIAL Forum 1. [25] [2012] VSCA 185, [31]. [26] Katherine Cook, ‘Recent Developments in Administrative Law’ (2012) 71 AIAL Forum 1. [27] (2011) 110 SASR 235. [28] Ibid, [26]. [29] Raymond Finkelstein, â€Å"Crossing the Intersection: How Courts are Navigating the ‘Public’ and ‘Private’ in Judicial Review† (2006) 48 AIAL Forum 1-7. [30] Mark Aronson, ‘Private Bodies, Public Power and Soft Law in the High Court’ (2007) 35 Federal Law Review 1. 4. [31] Ibid, 99. [32] Emillos Kyrou, ‘Judicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?’ (2012) 86(1) Australian Law Journal 20, 30. [33] Matthew Groves, ‘Should we follow the Gospel of the Administrative Decisions (Judicial Review) Act 1977 (Cth)?’ (2010) 34 Melbourne University Law Review 737, 749.

Thursday, September 19, 2019

Black Status: Post Civil War America :: American America History

Black Status: Post Civil War America After the emancipation of slaves in 1862, the status of African-Americans in post civil war America up until the beginning of the twentieth century did not go through a great deal of change. Much legislation was passed to help blacks in this period. The Civil Rights act of 1875 prohibited segregation in public facilities and various government amendments gave African-Americans even more guaranteed rights. Even with this government legislation, the newly dubbed 'freedmen' were still discriminated against by most people and, ironically, they were soon to be restricted and segregated once again under government rulings in important court cases of the era. Reconstruction was intended to give African-Americans the chance for a new and better life. Many of them stayed with their old masters after being freed, while others left in search of opportunity through education as well as land ownership. However this was not exactly an easy task. There were many things standing in their way, chiefly white supremacists and the laws and restrictions they placed upon African-Americans. Beginning with the 'black codes' established by President Johnson's reconstruction plan, blacks were required to have a curfew as well as carry identification. Labor contracts established under Johnson's Reconstruction even bound the 'freedmen' to their respective plantations. A few years later, another set of laws known as the 'Jim Crow' laws directly undermined the status of blacks by placing unfair restrictions on everything from voting rights all the way to the segregation of water fountains. Besides these restrictions, the blacks had to deal with the Democratic P arty whose northern wing even denounced racial equality. As a result of democratic hostility and the Republican Party's support of Black suffrage, freedmen greatly supported the Republican Party. As a result of the failure of Johnson's Reconstruction, Congress proposed its own plan. The 14th amendment was one of the many things implemented under this plan. Among other things, this amendment forbade ex-Confederate leaders from holding political office, and gave freedmen their citizenship. The Southern rejection of this amendment, largely as a result of the actions of their former Confederate leaders then in state office, paved the way for the Reconstruction Act of 1867. This dismantled all Southern governments and established military control over the South. It guaranteed freedmen the right to vote under new state constitutions, and required the Southern states to ratify the 14th amendment. With the inclusion of African-American votes in southern elections, and with the help of Northerners known as "Carpet Baggers" and other white Southerners known as "Scalawags," the Republican Party gained almost complete control over the American South.

Wednesday, September 18, 2019

Comparing Much Ado About Nothing :: essays research papers

In the first essay, written by Jean Howard, the main idea or thesis seems to focus on the antitheatrical aspects of the play. The actual thesis would be Shakespeare employs antitheatrical discourse in a way that advantages certain social groups without calling attention to the fact that it does that. Howard takes a Marxist approach to the play. She looks at how the conflict intertwines itself and makes a constant reference to the social aspects of each of the characters in the play. Howard starts by giving general ideas where she gives a brief summary of the main plot of the story that involves Don John, Don Pedro, and Claudio. She reads the play in relationship to antitheatrical tracts. This makes the political dimensions more apparent in the work. The play itself speaks to several different senses of social class. Although Much Ado about Nothing is a play, it mirrors the world as it was. It deals with the power being put in the hands of the "status quo" and it makes menti on of the social order, especially the fear of women who want the same power as men. Howard also mentions that the play seems to emphasize the consequences of sin, in this case, telling lies. She goes into the scene where Don John gets Margaret, Hero's servant, to play Hero as so to deceive Claudio. This would make Hero appear to be "easy" and make Claudio not want to marry her. Before all of this goes on, Don Pedro impersonates Claudio at the ball, to get in Hero's good graces. This is another lie. Even though Don Pedro's "trick" does more good than harm, the audience and readers are now given the job to cope with the morality of each situation. Most of Howard's reading of the play deals with the two impersonators (Don John and Don Pedro) and their sense of moral duty during this time. It also speaks to the social consequences of their practices. Howard suggests that Don John provides a moral reading because he is the chief antagonist in the play. She seems to say that in essence, he is evil and readers can identify and justify his actions becaus e he is evil. Does that make it right? She also says that since he is the bastard brother of Don Pedro, his evil acts are ideologically significant because they identify the social disorder of those who have and those who have not.

Tuesday, September 17, 2019

Understanding Fascism

Fascism refers to the political ideology that considers an individual’s, a group’s or a societies’ interest to be subordinate to that of the interests of the state. The objective of such an ideology is to unify the state and its constituents to forego their interests that are often self-serving.At the same time, Payne (27-32) considers it as a counter-movement to liberalism and rose to prominence in Europe in the 1920’s to the 1930’s.   The movement grew with the decline of European states economically and politically and a general loss of faith in the ability of governments to control and stabilize markets because of commercial interests (73-79).It is considered to be the inspiration behind Adolf Hitler’s Nazism and has helped shaped post-war philosophies and doctrines such as Islamofascism, Neo-fascism, Rexism and Social fascism among others and provided a foundation of socio-political reform worldwide particularly in communist and social ist states (120-127).It is critical to understand the significance and impact of fascism not only in countries, movements and governments that adopted its ideologies but also its value to international politics, economics and history (359).Mussolini and FascismAndrea Benito Amilcare Mussolini was named for socialists and reformists Andrea Costa, Benito Juà ¡rez and Amilcare Cipriani. His father, Alessandro was a known social activist and was associated filially and by association to many known social activists of the time.Mussolini’s rise in the Italian Socialist Party can be traced with his editorship of L'Avvenire del Lavoratore in 1909, the subsequent publication of his book titled Il Popolo, reformation and control of the Fasci Italiani di Combattimento and was cemented when he became Italy’s youngest prime minister in history in 1922 (220-229).Fascism was coined by Benito Mussolini on the Italian word â€Å"fascio† which in turn is based on the Latin word â€Å"fasces† which refers to rods packed around an axe. It represented the maxim of standing together versus standing individually.One particular source of doctrine that guided Italian Fascism and consequently fascism in general was based on the 1891 encyclical written by Pope Leo XIII titled Rerum Novarum which also is considered a major basis of modern Catholic teachings. The use of the text, particularly its emphasis on the value of corporatism and labor, and the Romanization of the Roman Empire was used to validate fascism to the public (218-222).Mussolini’s rise to the premiership was an effort on the part of King Victor Emmanuel III to avoid a civil war the abolition of the monarchy similar to France (112). Payne points out that fascism rose from the lack of effectivity of the Italian government to direct the country during the economic and political crisis with the overall decline of Europe as a world power in the turn of the twentieth century (218).The sentime nt was that there was a need for decisive action to solve the country’s problems and bring back its position as a leader in Europe. The motivation was to protect not only Italy’s future but also to preserve its history and culture which was considered under threat because of the social developments in the region.Italian FascismThe development of the Fascism in Italy is credited by Payne to the economic and social conditions after World War I, the Great Depression and the collapse of governments in the European continent for creating the platform and the support for the movement (72-77).At the beginning of his government, there was significant representation in the parliament however Mussolini granted greater representation to his political allies with the objective of developing a totalitarian state with himself as the head. Using fascist ideologies and propaganda, the Fasci di Combattimento was integrated to become part of the Italian army Italy was unified to become a single state under the Acerbo Law as well as the allowed for the liberalization of market, rent and labor unions.Though there were existing opposition to Mussolini that were prompting King Victor’s dismissal of the prime minister, Mussolini was able to maintain power through intimidation and the use of fascist propaganda.

Monday, September 16, 2019

Neuromarketing: A Brave New World of Consumerism

Introduction t this point in our social history we are experiencing trends in marketing and consumerism that no cultural phenomena in antiquity has prepared us for. Each day between the hours of waking and sleeping we are exposed to 3000 – 5000 marketing messages across every shape and flavor of media mankind has been able to devise In good conscience (Story 2007). Every niche, of every segment, of every market, for every product, has a multitude of competitors vying for space of mind, seeking to differentiate, remind, inform, or persuade themselves into our lives and shopping trellises (Copley 2004).This clutter, consternation, and competition has taken the humble consumer transaction to be something more akin to game theory, and contemporary marketing strategy has become a battle of minds and wills (Lee, Frederick, and Chamberlain 2007). Each new generation of consumer finds themselves delivered deeper Into an environment of Increasing media and message saturation.But, with every generational cycle a further sophistication In the adaptive discretionary filtering system is created in order for these individuals to preserve some degree of highly guarded ‘psychic space', and as such ‘marketing professionals re keenly aware of the obstacles posed by both information-processing limitations and viewer opposition' (Rumba 2002). ‘The multiplicity of advertising messages to which each consumer is exposed dictates that advertisers place a lofty premium on the much-coveted psychic space of their Intended message recipients.Moreover, marketers Increasingly find themselves trying to reach target audiences who have an arsenal of cognitive, behavioral, and mechanical strategies for ad avoidance at their disposal' (Speck and Elliott 1997). Further adding to this already encumbered media/ immunization sphere is also the weight and complexity of the postmodern condition in which Goldman (1992) speaks of ‘relentless scrambling of signified and sig nifier, mixing and matching meanings' and Brown (1995) goes on to highlight ‘practices such as fragmentation, De-deliberation, hypnotherapy, chronology, pastiche, pluralism and anta-functionalism'.This escalating complexity of exchange devised for increasingly more sophisticated and media salt-Ð’Â »,' consumers attempts to side-step any ‘predictability of antiquated advertising conventions that could no longer pass through the filters of seasoned postmodern nonusers' (Goldman and Passion 1994).What remains is the perfect storm of social complexity, ever-changing message filtering, and big-business ‘sign wars' which has left some marketers believing that turning to the dark arts Is the only way to get ahead in marketing communications, with notably one energy drink brand literally and comically commissioning a Haitian priestess to channel a foul-mouthed voodoo deem-god to help design their advertising campaign (Panamas 2010). Enter stage left – marketing' s. Thin such a relatively young field of inquiry the precise definition of marketing's s still finding its footing with conflicting definitions still being proposed and utilized by divergent agents within the realm (Fisher 2010). Perpetuating this conflict is the notion that academia and industry share limited cohesion in exploring this field, that private enterprises do not tend to publish findings or share proprietary information, and that more has been published about marketing's across the popular media, relative to the traditional tome of recognized peer-reviewed publications (Fisher 2010).In spite of this, Lee (2007) proposes that ‘marketing's as a field of study an simply be defined as the application of neuroscience methods to analyses and understand human behavior in relation to markets and marketing exchanges' and Fisher (2010) notes that marketing's ‘can be tentatively defined as marketing designed on the basis of neuroscience research'. These proposed definit ions avoid the subjective bias embraced by some proponents and detractors and are a suitable explanation of the topic for the purposes of this discussion.As brain sciences increasingly inform our daily lives, social practices, and intellectual discourses, ornamenting has become one of a collection of developing fields to gain the ‘neuron' prefix along with neuroscience, neurasthenics, neuropathology, and neurotically – these fields now collectively earning the moniker ‘neuromuscular', ‘and the brain-based explanations arising from it are progressively influencing public notions of personal identity, responsibility, and causation' (Fisher 2010).Why Marketing's? He most acute advantage thought to stem from the utilization of neuroscience in examining an individual's response to market based inquiries is its unfiltered objectivity and unbiased honesty. Typically the self-assessment measures commonly used in marketing research rely totally on the ability and wil lingness of the respondent to accurately report their attitudes and/or prior behaviors' (Petty and Caption 1983).However, it is believed that the brain approximately expends only 2 percent of its energy on conscious activity with the remaining majority devoted to unconscious thought and processes, thus, neurotransmitters believe, traditional market research methods ? like consumer surveys and focus groups ? are inherently inaccurate because the participants can never articulate the unconscious impressions that whet their appetites for certain products' (Singer 2010).In addition to this intrinsic inability for an individual to access all relevant perceptual data, this error factor cumulatively adds to any conscious or even unrecognized desire the respondent may have to please or deceive the information gathering unit, even further exaggerating the potential for inaccurate measurements. In contrast, physiological responses can be collected when respondents are actively partaking in re search activities and are difficult for subjects to control, although not difficult to affect (Petty and Caption 1983).In many ways marketing's is the lie detector of the marketing industry, but the potential application is much greater than simply extracting truthful responses, it may prove instrumental in uncovering the processes and transparent way than marketers have previously had access to. The benefits of marketing's are obvious when framed in the above context. This field creates the possibility for marketers to understand consumers to an extent that a myriad of techniques over many decades of investigation have only ever been able to scratch at the door of.Felt (2007) believes that, assuming the science can be translated into meaningful technology the power and the precision of the retrieved data as a management tool could prove sublime, it would finally enable marketers to reach out and pinprick consumers without using broad strokes'. â€Å"In fact, exploring exactly what elements of an advertisement are critical to awareness, attitudes and evaluations of products, and whether these differ for different groups, should reduce firms' reliance on the ‘blunt instruments' of blanket coverage, shock tactics, or sexual imagery' (Lee 2007).The Marketing's Mix he research generated by any given marketing's firm is of course a product article and as such marketing mix considerations are a requirement of presenting to the market, however, the more significant discussion is the current and conceivable application of this technology to play a major role in guiding and optimizing each of the up's of the marketing mix for utilities. Them Noble, Managing Director of ‘Neurotics' a major player in the burgeoning marketing's industry, has stated that ‘all the biggest brands are using it†¦ But most of them are keeping it to themselves†¦ Even so, marketing's has become a key part of today's marketing ix' (Fagan 2011). The technology is believ ed to be equally applicable to each of the seven aspects of the mix provided a suitable interpretation model is utilized to rationalist the raw data. The up's the literature most commonly discourses are reviewed below. Product Typically product designers refer to consciously generated studies of consumer preferences to inform the process, in such inquiries subjects are likely to be influenced by ‘normative expectations and social influences' (Figurate 2007).For example, survey research typically reports that women find wrestler-turned-action ere ‘The Rock unattractive ‘but their brain activity says otherwise: areas associated with attractiveness light up when women watch him on screen' (Singer, 2004). Bruit (2004) mentions that some tests conducted for Demolisher's showed that certain products can activate the self-reward centre of the brain which is the same region that natural stimulants such as sex, chocolate, and cocaine trigger, this action is aroused by the r elease of the molecule dopamine and releases endogenous opiates – substances linked to lust and pleasure'.Whilst this trigger is not a guarantee of arches, all other things being equal – designs that create pleasure are far more likely to be purchased than those that do not (Figurate 2007). Price Lee (2007) states that ‘pricing seems to lend itself almost perfectly to normalizing research' and believes that age old questions like why â€Å"prices such as ‘$4. 99' are perceived as significantly cheaper than those such as ‘$5. 00† could be answered by simultaneously exploring the temporal and spatial nature of brain activity.Through utilizing this technology marketers can not only underpin optimal pricing strategies but also understand how and why pricing perceptions are formed. Place customers to seeing, hearing, feeling, touching, tasting, and smelling stimuli, stores may be able to customize environments to enhance the consumer experience, or weight the chances of a sale. ‘For example, if normalizing data suggest a positive response to the touching of Jewelry, the consumer may experience a personalized discount prominently displayed in their sightline in order to provide encouragement for purchase' (Wilson 2008).Promotion Measurement of advertising messages and their success in provoking emotional responses can be gauged, and assumptions can be made about the subject's unconscious thought patterns depending on which areas of the brain ‘light' up (Figurate 2007). The reaction an agency wishes to evoke with a given advertisement e. G. Excitement, passion, hostility, humor, attention, etc. ; can be transposed to the brain map where these concepts are processed. If that brain area is unaffected after exposure to the advertising stimulus, it is obvious that the advertisement has failed this crucial test' (Figurate 2007) Schafer (2005) also states that ‘neural scanning might be able to predict the strength of advertising recall for specific advertisements'. The History he earliest reported use of the term marketing's first appeared in a press release in July 2002 by Atlanta based advertising agency ‘Birthrights' announcing the creation of a new business division which utilized functional magnetic resonance imaging (fem.) for purposes of marketing research (Wilson 2008; Fisher 2010).However, the Economist (Inside the Mind of the Consumer 2004) duly notes that Harvard Professor-Emeritus Gerald Coalman filed a patent for ‘normalizing as a marketing tool' in the late sass's approximately four years prior to Brightness's suspicious press release. In spite of this, some observers consider this technology to be part of a continuum that has been ongoing for much longer. â€Å"Marketing's is simply the latest incarnation, says Joseph Throw, a professor of communication at the Ennobler School for Communication at the University of Pennsylvania. There has always been a holy grail in a dvertising to try to reach people in a hypodermic way,' he says† (Singer 2010). Educated observers also make note that Journalist and social critic Vance Packard (1957) wrote ‘The Hidden Persuaders' more than 50 years ago which is still considered to be a seminal work, which outlines how advertisers play(deed) on people's unconscious desires in an attempt to influence them. Run for our Lives? Neatly probing consumers for answers to every fear, desire, motivation, and preference in underpants color has begun to beg the question in some quarters, should we love this or fear it? It appears from the outset that this technology has been spawning controversy; however, some of this contention seems not to be entirely new in nature but the amplification and reinvigoration of well disputed ground, freshly driven by this new and acute mechanism.The contention largely remains in determining whether using such technology to understand the desires of consumers will be useful for serv ing them, or used for manipulating them, in short, is actions of a great many organizations and individuals, the main objective of marketing is to help match products with people (Rarely 2010; Kettle, Keller, and Burton 2009). ‘Marketing serves the dual goals of guiding the design and presentation of products such that they are more compatible with consumer preferences and facilitating the choice process for the consumer' (Rarely 2010).Marketing as ethical or unethical in practice is a purely a determination to be made on a case by case basis, not generalized in overarching sweeps. Rallies (1999) surmises that the organizational factors contributing to principled business undertakings or in fact impeding a unified ethical framework are moral reasoning, organizational ethical climate, level of economic development, and cultural dimensions, Murphy (2005) suggests on an individualistic level that indicative qualities can be determined from virtue and character ethics utilizing me asurements of the five core virtues of – integrity, fairness, trust, respect and empathy.In comprehension, understanding the afore is to recognize that marketing's (like most industries,) exists within a context of moral heterogeneity and the concerns that exist toward the frayed edge of the ethical fabric, underpin a movement of anxiety toward the potentiality of neuron-techniques to probe the subconscious mind, and the conceivability of these vehicles to unduly influence consumers, turning them into shopping robots without their knowledge and consent' (Singer 2010).Singer (2010) states that â€Å"marketing's is setting off alarm bells among some consumer advocates, who call it ‘brainwashing ? an amalgam of branding and brainwashing†. ‘Our contention is that neuroscience findings and methods hold the potential for marketing practices that threaten consumers' abilities to follow preferences and dictates according to free will' (Greene 2003).The controversy and paranoia surrounding a field that is yet to be evidenced or indicted of unethical practice is so potent that Senior and Senior (2008) have felt compelled to draft ‘A Manifesto for Marketing's Science' to guide the ethical functioning of practitioners, quell some f the fears of alarmists, and address potential dilemmas arising on this new frontier.The Advertising Research Foundation has also seen fit to undertake a collaborative study with the major operators in the marketing's industry to establish and implement the ‘Northeastwards Initiatives' agenda and determine ethical working canons for the field (ARP Announces Groundbreaking Northeastwards Study 2010). In addition to this above, the exploratory academic discipline of neurotics has continued to grow in unison with the developments in neuroscience research and neuromuscular, informing it all the while.Irrespective of the development in ethical governance, detractors warn that we do not have a current legal and so cial structure equipped to address technologies that are intentionally designed for subconscious persuasion. Singer (2010) states that ‘if the advertising is now purposely designed to bypass those rational defenses, then the traditional legal defenses protecting advertising speech in the marketplace have to be questioned'.We are also warned that many legally and morally ambiguous issues will arise with the increase in marketing's usage such as Who ultimately owns brain scans, whether scans can e sold to other persons or institutions, and what happens to extraneous information, such as health problems, revealed by the scans' (Wilson 2008). The array positron emission tomography (PET), magnetoencephalography (MEG), functional magnetic resonance imaging (fem.), electroencephalography (EGG) galvanic skin response (USSR), eye tracking technology, electrocardiography, and electromyography (Figurate 2007; Lee 2007).It is noted that any corporeal measurements gained through the use of these instruments are strictly limited by the skill the interpreter has in correlating bio-readings to mental/emotional states, and therefore into actionable ATA. There has been some research to show that imagery favored in traditional research preference tests are often not the ones that stimulate the emotional centers of the brain (Uncommon 2007), according to People (quoted in Harris 2006) however, emotion is one of the major keys to all marketing and by monitoring brain activity we can get very good indication of when an emotional connection has been made.Unfortunately, these results can only reveal activation correlated with particular imagery but cannot predict outcomes with certainty, and it does in fact highlight the actuality that there is ‘no direct link between arousal and behavior; no measure of purchase intent' (Figurate 2007). According to James (2004) the only time a human being cannot help acting on arousal is as a toddler'.Some critics throughout the literatu re have argued for the existence of a ‘buy button' in the brain, the above suggests that there could be no overriding of an individual's cognitive control and ‘current evidence suggests that the cognitive processes associated with purchase decisions are multi factorial and cannot be reduced to a single area of activation' (Rarely 2010). In the face of decries and skeptics Joey and Kilts Remain, Brightness's CEO and founder claim that rather than forecasting the shopping behavior of individuals, marketing's will help develop an understanding of how people develop preferences. Our goal is to change company, not consumer, behavior,† says Remain. He adds that this philosophy could improve advertising ethics. â€Å"What if you could, for example, show a company that their moral and ethical behavior has a bigger influence on consumer preference than the color of their packaging or current tag line? â€Å"‘ (Singer 2010). New Scientist magazine conducted a est. of marketing's to choose the ‘most attention getting cover for its 5th August 2010 issue.Nineteen readers of the magazine were shown three alternative covers during EGG tests from which one was ultimately selected. The ultimate result of this experiment and the ensuing cover choice, was a 12% increase in sales year-on-year and the second highest selling issue of the year which the deputy editor Graham Layton claimed was â€Å"unheard of in August† (Tartan 2010). Outside of this, virtually no other results have been published either confirming or condemning the predictive ability of marketing's in the marketplace.However, the one strong virtuous indicator that does exist, is the very fact that a multitude of global companies such as Google, CBS, Frito-Lay, Demolisher's, Brown-Foreman, General Motors, American Express, Campbell Soup, MAT, Disney Media, Heresy's, Millimeters, Colgate- Palmolive, NBC, ESP., and Turner Broadcasting are utilizing this technology as a regular co mponent of their own brand research efforts (ARP Announces Groundbreaking Northeastwards Study 2010; Rarely 2010; Figurate 2007; Bruit 2004). E detractors of marketing's see a dyspepsia future ahead, they envisage a world here we all become little more than purchase-making drones, slaves to big business recklessly pushing away at ‘buy buttons' in our brains to move their wares and their stock prices. Valid concerns have been raised from some quarters citing the potential for the increase of ‘marketing-related diseases' such as obesity, heart disease, and similarly related health issues (Fisher 2010).What we understand from the above however, is that marketing's cannot now or any currently conceivable point in the future, have any ability to override an individual's cognitive control. Marketing's may help to design a more attractive car but will never have the ability to make a man sell his children to purchase it. Even with the limitations of the technology, neurotransmi tters and researchers alike are currently exploring the ethical parameters of the field in order to create a unified framework for operation and quell concerns that vocal outliers currently raise.The primary purpose of this technology, as is the purpose of all marketing research, is to better understand the needs and wants of consumers, the biggest problem with traditional research is the intimidation by a participant's own cognitive bias, or as advertising legend David Googol once said: â€Å"The trouble with market research is that people don't think how they feel, they don't say what they think and they don't do what they say' (quoted in Scar 2011).

Sunday, September 15, 2019

Fluorenol Polarity

1. In table format, provide the Rf values you recorded for each of the 3 compounds in Part I. List compound on one axis of your table and solvent system on the other. If multiple spots were present for a compound, give Rf value for each component and state if the component was major or minor. | 100% hexane| 25% EtOAc in hexane| 10% EtOAc in hexane| Fluorene| 0.34 cm| 0.94 cm| 0.67 cm| 9 – fluorenol| 0.00 cm| 0.49 cm| 0.05 cm| 9 – fluorenone| 0.00 cm| 0.69 cm| 0.21 cm| 2. Explain how Rf values were generally affected by polarity of the solvent/eluent systems. As part of your answer, rank the solvent/eluent systems in order of decreasing polarity (this can be done according to structure of the individual solvents and % composition of the mixtures). Also rank the 3 compounds in order of decreasing polarity (this compound ranking can be based on structure as well as on these TLC results). Explain each of your rankings. Compounds: 9-fluorenone, 9-fluorenol. Fluorene Solvent: Ethyl acetate 10% in hexane, Ethyl acetate 25% in hexane, 100% hexane Polarity of each compound reacted differently to each of the solvents used.As we know, ‘like’ interacts with ‘like’. Fluorene has the least amount of polarity based on structure and when it was mixed with non-polar and slightly polar solvents, its mobile phase moved the furthest. Such that when Fluorene was put in 25% EtOAc, which is 75% polar, its mobile phase was the furthest, followed by 90% polar in 10% EtOAc in hexane, and its most solid phase was in 100% hexane. 9–fluorenol is the highest polar compound based on structure and when it was mixed with a polar solvent its mobile phase was the slowest, therefore, it did not travel very far up the silica gel plate.When 9-fluorenol was mixed in slightly polar solvent, 10% EtOAc, its mobile phase also did not travel very far. The only time 9-fluorenol mobile phase travelled up the silica gel plate is when it was combined with 25% EtOAc in hexane because 75% of the solvent was polar, and the remaining 25% allowed its mobile phase to move up the silica gel plate. 9–fluorenone is the second most polar compound when mixed with the above solvents. Based on its structure, when mixed with 100% hexane there was no mobile phase because polar compounds stick with polar solvents.When 9-fluorenone was combined with 10% EtOAc, given about 90% polar, there was a slight mobile phase, moving just slightly up the silica gel plate. Its mobile phase moved the furthest when it was combined in 25% EtOAc in hexane, given about 75% polar, as the remaining 25% was able to move the compound up the polar silica gel plate. Based on the compounds and the Rf values, the compounds with larger Rf values means that the mobile phase traveled the furthest on the polar silica gel plate. Also, the compounds with the larger Rf value indicates that it was a less polar structure, as it interacts less strongly with the polar absorbent on the TLC plate.3. Based on structure, which of the 3 compounds can hydrogen bond to the silica gel? Explain your answer. Do compounds that can hydrogen bond to the silica gel generally have lower or higher Rf’s than compounds that can not? The 9–fluorenol is the only one out of the three compounds that can hydrogen bond to the silica gel plate. Based on Rf values shown in question one, it had a lower Rf value, generally meaning compounds that can hydrogen bond to the silica gel will have the lower Rf values.4. If you attempted to separate a mixture of the 3 compounds using liquid chromatography (see Ch. 18, Lab Techniques book), which compound would theoretically elute from the column first if 25% EtOAc in hexanes was used as eluent? Briefly explain your answer. Fluorene would elute from 25% EtOAc in hexane, since polar compounds are least likely to a have a mobile phase dislodge the fastest or furthest from the silica gel plate, which is polar.mIf the eluent were more non-polar, then there would be a mobile phase further from the solid phase, as non-polar compounds are able to move away from polar solvents because those compounds are not attracted to its polarity.5. Based on TLC, is your dibromide pure and different from trans-stilbene? In your answer give Rf values for each compound (make sure to give solvent system as well!). Do your TLC results prove that your product is really trans-stilbene dibromide? Explain. Based on my results, my dibromide c ompound is different than trans-stilbene.When both compounds were mixed in 100% hexane and 10% EtOAc in hexane, the Rf values were not so different. In 100% hexane, trans-stilbene’s Rf value was 0.39 cm and the dibromide had a value of 0.17 cm. In 10% EtOAc in hexane, trans-stilbene’s Rf value was 0.44 cm and the dibromide had a value of 0.65 cm. Since there was ‘lag’ the Rf value can be considered ambiguous and it is not very telling if the compounds are in fact different. When mixed in 25% EtOAc in hexane, the Rf value differed by 0. 02 cm (trans-stilbene value of 0.96 cm and dibromide value of 0. 4cm). The trans-stilbene and the dibromide do not share identical Rf values, but we can assume since there is only a 0. 02 cm different, it is not enough to say that they are two distinct substances; rather there is some mixture of trans-stilbene in the dibromide, because some of the characteristics may be similar.6. Briefly discuss your TLC results for the â⠂¬Å"headache relief† tablets. Do the tablets seem to contain caffeine? Explain. Does TLC prove your answer? If not, what other â€Å"evidence† would you need to convict Wiley Coyote (chemical evidence that is)? Pure Caffeine| Unknown tablet| Acetaminophen| Acetylsalicylic Acid| EtOAc/Hexane/AcOH66:33:1| 0.01 cm| 0.02 cm| 0.26 cm| 0.26 cm| Based on the above results, one could assume that the tablet did indeed contain caffeine. When the pure caffeine was combined with EtOAc/Hexane/AcOH the Rf value was 0. 01 cm and the unknown tablet had an Rf value of 0.02 cm. Since there was a difference of 0.01 cm, it is not clear to say that there was no caffeine present. Also, since the difference was so minimal between the two compounds it can be suggested that there were significant amounts of caffeine in the unknown tablet.mBased on the TLC results, the Rf values can conclude there was caffeine in the unknown tablet since there was not a big enough difference in values to say tha t the unknown tablet contained any other substances.7. Explain the key/simple difference between gas chromatography and liquid chromatography with regards to eluent (see Lab Techniques book). The mobile phase is an inert gas, generally He2 or N2 does not compete with the stationary phase like TLC or LC, where the mobile phase actively competes with the stationary phase. The mobile phase does not interact with the compounds during GC, while they do interact in liquid chromatography and TLC.8. Later, we will cover mass spectrometry, and will likely also mention a combined analytical technique called GC-MS (gas chromatography-mass spectrometry). A good overview of GC-MS can be found on Wikipedia (http://en. wikipedia. org/wiki/Gas_chromatography-mass_spectrometry). Briefly, but clearly, explain how GC-MS would be better at solving the â€Å"caffeine crime† compared to simple TLC. GC-MS combines gas-liquid chromatography and mass spectrometry to identify different substances with in a test sample.It is used to perform specific tests that can positively identify the actual presence of a particular substance in a given sample. Although both GC-MS and TLC can identify substances in a given sample, the TLC is a more non-specific test that could lead to false positives identification. If the Rf values are identical, one can assume that the substance are the same and the GC-MS would be better to differentiate the Rf values for two separate substances in a given sample, giving a more accurate identification.