Tuesday, December 24, 2019
The Amendment Of The Declaration Of Independence Essay
Americans we are given certain ââ¬Å"freedomsâ⬠that other countries may not be entitled to. In 1976 the Declaration of Independence was signed and included the Bill of Rights. In 1791, the Bill of Rights was ratified into the constitution. The purpose of this document was to spell out the liberties of the people the government could not infringe upon. In other words, it was written to protect Americans from abuse of power by different areas of their government. Each amendment says what the government is capable of doing or limits its powers by providing certain rules they must abide by. Each of these amendments plays an important role in todayââ¬â¢s society. For instance, the fourth amendment is mainly about privacy, and has been implemented to protect against unreasonable searches and seizures by State, or Federal law enforcement authorities (Foner A-31). It states that the right of the people to be secure in their persons, houses, papers and effects, against unreasonabl e searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Kaci 221). Many Americans assume if there is no warrant then there is no entry. However, this is not always correct. The fourth amendment applies to a search if a person has a ââ¬Å"legitimate expectation of privacyâ⬠in the place or thing searched. The fourth Amendment was added to the UnitedShow MoreRelatedInfluence Of The Magna Carta789 Words à |à 4 Pagessame ideas in the Magna Carta influenced the Amendments to our US Constitution. The amendments to the US Constitution incorporated the same protections found in the Bill of Rights and the Magna Carta. One of these protections are seen in Clause 1 of the Magna Carta which involves the freedom of the Church of England. This same provision is seen in our 1st Amendment to our US Constitution which outlines our freedom of religion. Also, our 8th Amendment which states, ââ¬Å"Excessive bail shall not be requiredRead MoreTheu.s. Bill Of Rights And The Un Universal Declaration Of Human Rights1039 Words à |à 5 PagesRights in the U.S. Bill of Rights and the UN Universal Declaration of Human Rights The U.S. Bill of Rights and the UN Universal Declaration of Human Rights are documents that were created to tell the rights we as human beings are entitled to have. The documents were designed to keep order so we can live productive lives. The documents stop us from being taken advantage of and extorted by others. The U.S. Bill of Rights and the UN Universal Declaration of Human Rights offers us a voice to say what we needRead MoreThe Declaration Of Independence : The United States1552 Words à |à 7 Pagesonly possible by their bravery and the creation of the Declaration of Independence. The Declaration of Independence was a document that was written by Thomas Jefferson, who was 33 years old at the time. Only a few changes were made by Benjamin Franklin and John Adams. The document was written for the many reasons why the American Colonist wanted to break ties with Britain. The first of the many reasons that lead to The Declaration of Independence was The Stamp Act of 1765. It was the first direct,Read MoreThe Declaration Of Independence : What Shaped And Provided The Freedom The United States Of America1030 Words à |à 5 PagesAbstract The declaration of Independence is what shaped and provided the freedom the United States of America has today. The Declaration of Independence today is looked at a symbol for America to reflect on as it paved the way for most of the rights we have today. This document has been fundamental to american history longer than any other text because it was the first text to use ââ¬Å"The United States of Americaâ⬠and in a sense the Declaration was the birth certificate of the American nationRead MoreThe Declaration Of Independence And Federalist Papers Essay1640 Words à |à 7 Pageslot of topics are discussed, but if it werenââ¬â¢t for the Constitution, Declaration of Independence and Federalist papers. How far would the world get on a day to day bases? The constitution is a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed (Oxford Dictionaries). The Constitution was written the same place the Declaration of Independence was signed. The constitution was written during the Philadelphia ConventionRead MoreArgumentative Essay On The Declaration Of Independence1176 Words à |à 5 Pagessense of integrity and determination to fabricate the Declaration of Independence - a historical document that pleads King George III for independence and stresses the importance of freedom, equality, and natural rights. Though the Declaration of Independence signifies the birth of America and represents a powerful landmark in our history, when looked at from a broad spectrum, it can be seen as arrogant, ironic, and controversial. The Declaration states, ââ¬Å" â⬠¦ all men are created equal, that they areRead MoreThe United States Constitution And The American De claration Of Independence1525 Words à |à 7 PagesAmerican Declaration of Independence The Constitution of the United States of America is always touted and considered by many across the globe as one of the most liberal and people-friendly Constitutions in the world over. This assertion flows from the lofty language with which the document was written by its drafters and further inherent in the subsequent amendments. It represents the supreme law of the U.S, having been promulgated back in 1778. On the other hand, The Declaration of Independence is theRead MoreThe United States And The Civil Rights Movement1727 Words à |à 7 Pagescommunity in America. Homosexuals should have the same rights as heterosexual in the United States because the Declaration of Independence gives all Americans natural rights. The constitution guarantees to each person of the United States equal protection under the laws. Freedom from discrimination is a basic human right. Marriage is about love and supporting one another The Declaration of Independence is the founding document of the American political tradition. It articulates the fundamental ideas thatRead MoreThe Nature Of The Gettysburg Address By Abraham Lincoln741 Words à |à 3 Pagesimportant scripts just over two minutes. Lincoln repeated the equality embraced by the Declaration of Independence, and affirmed the struggle of Civil War fighting over the power from the secession crisis not just for the Union, but also for the principle of humanity with a new birth of freedom to gather the true Declaration of Independence equality for all citizen. The nature of the Declaration of Independence was formed in liberty that all men have equal rights, which means they no longer underRead MoreAge Of Enlightenment1210 Words à |à 5 Pagesand Catholicism were dominant over other ways of life. Although the Enlightenment primarily prevailed in parts of Europe in countries such as England and France, it was also crucial in determining several aspects of colonial America. The Declaration of Independence and the Bill of Rights, two of the most fundamental documents of American law, are perhaps the crowning achievements of the Enlightenment. Specifically impacted by John Locke, Benedict Spinoza, and Gotthold Ephraim Lessing in the realms
Monday, December 16, 2019
Foundation and Empire 10. The War Ends Free Essays
Lathan Devers felt definitely uncomfortable, and vaguely resentful. He had received his own decoration and withstood with mute stoicism the turgid oratory of the mayor which accompanied the slip of crimson ribbon. That had ended his share of the ceremonies, but, naturally, formality forced him to remain. We will write a custom essay sample on Foundation and Empire 10. The War Ends or any similar topic only for you Order Now And it was formality, chiefly ââ¬â the type that couldnââ¬â¢t allow him to yawn noisily or to swing a foot comfortably onto a chair seat ââ¬â that made him long to be in space, where he belonged. The Siwennese delegation, with Ducem Barr a lionized member, signed the Convention, and Siwenna became the first province to pass directly from the Empireââ¬â¢s political rule to the Foundationââ¬â¢s economic one. Five Imperial Ships of the Line ââ¬â captured when Siwenna rebelled behind the lines of the Empireââ¬â¢s Border Fleet ââ¬â flashed overhead, huge and massive, detonating a roaring salute as they passed over the city. Nothing but drinking, etiquette, and small talk now. A voice called him. It was Forell; the man who, Devers realized coldly, could buy twenty of him with a morningââ¬â¢s profits ââ¬â but a Forell who now crooked a finger at him with genial condescension. He stepped out upon the balcony into the cool night wind, and bowed properly, while scowling into his bristling beard. Barr was there, too; smiling. He said, ââ¬Å"Devers, youââ¬â¢ll have to come to my rescue. Iââ¬â¢m being accused of modesty, a horrible and thoroughly unnatural crime.â⬠ââ¬Å"Devers,â⬠Forell removed the fat cigar from the side of his mouth when he spoke, ââ¬Å"Lord Barr claims that your trip to Cleonââ¬â¢s capital had nothing to do with the recall of Riose.â⬠ââ¬Å"Nothing at all, sir.â⬠Devers was curt. ââ¬Å"We never saw the Emperor. The reports we picked up on our way back concerning the trial, showed it up to be the purest frameup. There was a mess of rigmarole about the general being tied up with subversive interests at the court.â⬠ââ¬Å"And he was innocent?â⬠ââ¬Å"Riose?â⬠interposed Barr. ââ¬Å"Yes! By the Galaxy, yes. Brodrig was a traitor on general principles but was never guilty of the specific accusations brought against him. It was a judicial farce; but a necessary one, a predictable one, an inevitable one.â⬠ââ¬Å"By psychohistorical necessity, I presume.â⬠Forell rolled the phrase sonorously with the humorous ease of long familiarity. ââ¬Å"Exactly.â⬠Barr grew serious. ââ¬Å"It never penetrated earlier, but once it was over and I couldâ⬠¦ wellâ⬠¦ look at the answers in the back of the book, the problem became simple. We can see, now, that the social background of the Empire makes wars of conquest impossible for it. Under weak Emperors, it is tom apart by generals competing for a worthless and surely death-bringing throne. Under strong Emperors, the Empire is frozen into a paralytic rigor in which disintegration apparently ceases for the moment, but only at the sacrifice of all possible growth.â⬠Forell growled bluntly through strong puffs, ââ¬Å"Youââ¬â¢re not clear, Lord Barr.â⬠Barr smiled slowly. ââ¬Å"I suppose so. Itââ¬â¢s the difficulty of not being trained in psychohistory. Words are a pretty fuzzy substitute for mathematical equations. But letââ¬â¢s see now-ââ¬Å" Barr considered, while Forell relaxed, back to railing, and Devers looked into the velvet sky and thought wonderingly of Trantor. Then Barr said, ââ¬Å"You see, sir, you ââ¬â and Devers ââ¬â and everyone no doubt, had the idea that beating the Empire meant first prying apart the Emperor and his general. You, and Devers, and everyone else were right ââ¬â right all the time, as far as the principle of internal disunion was concerned. ââ¬Å"You were wrong, however, in thinking that this internal split was something to be brought about by individual acts, by inspirations of the moment. You tried bribery and lies. You appealed to ambition and to fear. But you got nothing for all your pains. In fact, appearances were worse after each attempt. ââ¬Å"And through all this wild threshing up of tiny ripples, the Seldon tidal wave continued onward, quietly ââ¬â but quite irresistibly.â⬠Ducem Barr turned away, and looked over the railing at the lights of a rejoicing city. He said, ââ¬Å"There was a dead hand pushing all of us; the mighty general and the great Emperor; my world and your world ââ¬â the dead hand of Hari Seldon. He knew that a man like Riose would have to fail, since it was his success that brought failure; and the greater the success, the surer the failure.â⬠Forell said dryly, ââ¬Å"I canââ¬â¢t say youââ¬â¢re getting clearer.â⬠ââ¬Å"A moment,â⬠continued Barr earnestly. ââ¬Å"Look at the situation. A weak general could never have endangered us, obviously. A strong general during the time of a weak Emperor would never have endangered us, either; for he would have turned his arms towards a much more fruitful target. Events have shown that three-fourths of the Emperors of the last two centuries were rebel generals and rebel viceroys before they were Emperors. ââ¬Å"So it is only the combination of strong Emperor and strong general that can harm the Foundation; for a strong Emperor can not be dethroned easily, and a strong general is forced to turn outwards, past the frontiers. ââ¬Å"But, what keeps the Emperor strong? What kept Cleon strong? Itââ¬â¢s obvious. He is strong, because he permits no strong subjects. A courtier who becomes too rich, or a general who becomes too popular is dangerous. All the recent history of the Empire proves that to any Emperor intelligent enough to be strong. ââ¬Å"Riose won victories, so the Emperor grew suspicious. All the atmosphere of the times forced him to be suspicious. Did Riose refuse a bribe? Very suspicious; ulterior motives. Did his most trusted courtier suddenly favor Riose? Very suspicious; ulterior motives. It wasnââ¬â¢t the individual acts that were suspicious. Anything else would have done which is why our individual plots were unnecessary and rather futile. It was the success of Riose that was suspicious. So he was recalled, and accused, condemned, murdered. The Foundation wins again. ââ¬Å"Look, there is not a conceivable combination of events that does not result in the Foundation winning. It was inevitable; whatever Riose did, whatever we did.â⬠The Foundation magnate nodded ponderously. ââ¬Å"So! But what if the Emperor and the general had been the same person. Hey? What then? Thatââ¬â¢s a case you didnââ¬â¢t cover, so you havenââ¬â¢t proved your point yet.â⬠Barr shrugged. ââ¬Å"I canââ¬â¢t prove anything; I havenââ¬â¢t the mathematics. But I appeal to your reason. With an Empire in which every aristocrat, every strong man, every pirate can aspire to the Throne ââ¬â and, as history shows, often successfully ââ¬â what would happen to even a strong Emperor who preoccupied himself with foreign wars at the extreme end of the Galaxy? How long would he have to remain away from the capital before somebody raised the standards of civil war and forced him home. The social environment of the Empire would make that time short. ââ¬Å"I once told Riose that not all the Empireââ¬â¢s strength could swerve the dead hand of Hari Seldon.â⬠ââ¬Å"Good! Good!â⬠Forell was expansively pleased. ââ¬Å"Then you imply the Empire can never threaten us again.â⬠ââ¬Å"It seems to me so,â⬠agreed Barr. ââ¬Å"Frankly, Cleon may not live out the year, and thereââ¬â¢s going to be a disputed succession almost as a matter of course, which might mean the last civil war for the Empire.â⬠ââ¬Å"Then,â⬠said Forell, ââ¬Å"there are no more enemies.â⬠Barr was thoughtful. ââ¬Å"Thereââ¬â¢s a Second Foundation.â⬠ââ¬Å"At the other end of the Galaxy? Not for centuries.â⬠Devers turned suddenly at this, and his face was dark as he faced Forell. ââ¬Å"There are internal enemies, perhaps.â⬠ââ¬Å"Are there?â⬠asked Forell, coolly. ââ¬Å"Who, for instance?â⬠ââ¬Å"People, for instance, who might like to spread the wealth a bit, and keep it from concentrating too much out of the hands that work for it. See what I mean?â⬠Slowly, Forellââ¬â¢s gaze lost its contempt and grew one with the anger of Deversââ¬â¢ own. How to cite Foundation and Empire 10. The War Ends, Essay examples
Sunday, December 8, 2019
Company Valuation Ratios and Endogeneity â⬠Free Samples to Students
Question: Discuss about the Company Valuation Ratios and Endogeneity. Answer: Introduction Barnes and Noble Company is a major American organization that deals with selling of books. It remains as the content as well as commerce organizations that provide the right of entry to trade books along with some subject matter across its policy that forms a multi-channel distribution. The company bases its operations support in two segments. These segments comprise of retails of Barnes and Noble (RN Vend) along with NOOK (Ferguson, 2014). Besides, BN Company participates in the retailing of large volumes of books. Some books that the company deals with are hardcover together with paperback consumer titles. The company also engages in the massive marketing of paperbacks that include the romance, mystery, novel of science, along with other fictions. Other engagements of the company include services of retailing to eBooks, kids books, and other textbooks for subjects. Others include materials relating to courses taught in learning institutions, NOOK along with associated bargain book s, accessories, magazines, gifts, products of caf along with activities, toys for education, and music, games, and films straight to clients throughout its stores book (Kingl, 2013). The company also offers its esteemed and targeted customers a suite of textbook options, used, new, rental, and digital. BN Company target clients broadly that encompasses of all Americans by narrowing down to women with kids and non-technology savvy shoppers for the NOOK. The primary task of the BN Company is to control the best area business in American society despite the product it deals with the market (Barnes Noble, Inc, 2016). The mission focuses on the operation of the company largely because the products it deals with are the sell of books. The mission makes the aspiration of its operations to be reliable with the measure and the principles of the sizes that line its shelves. The mission of the company exists independent of its product that it sells in demeaning the importance and the distinction of being sellers of the books. The primary task of the Barnes and Noble Company describes its current business practices together with its purpose. It aids in depicting what the company focuses on achieving and why it is operating. Therefore, a well-established mission statement of the BN Company has been essential in establishing the memorable identity about its operations to its customers. The company believes the development in its sales will continue to rise over the coming years. The sales are developing at the flat rate and achieving thrust daily. The company has a vision that makes it sure that in the coming days, its market divide will grow across every segment of the corporation as its investments in the future payoff. The vision of the Barnes and Noble Company tend to give its clients the view of organizations plan of its business operations. The vision of this company focuses on the acceleration of the digital and online sales (Haimes, 2017). Barnes and Noble Company continue to be well positionable in the market to achieve the significant share of the thrilling advanced marketplace. The company has the culture of operating mainly through bookseller chain of bookstores. The culture of the company offers the insight into its current vision and branding. The top corporation, the domain of retailers of the company, culture of BN Company specializes in the distributing and retailing of paperbacks. Besides, the slogan of the company is the brief, tremendous catch slogan, tagline, or motor applicable to recognize its products or particular country Ads. The Ads slogan linked with operations of the culture of BN Company is The Booksellers. Therefore, the culture of Culture of Barnes and noble Company is to control the idea channel of vend business within the United States (Barnes Noble, Inc, 2016). The stores of the company are open daily, and customers have the opportunities to purchase its well-applauded NOOK tools along with the range of assortment of games, paperbacks, newsstand titles, toys, together with music. Business operations of Barnes and Noble Company Business operations of Barnes and Noble Company comprise of the selling of books globally. It remains to be the largest bookseller in the global markets as well as the leading retailer of content, educational products, and digital media. The company operates its business activities in six hundred and thirty-two Barnes and Noble bookstores in fifty different states. The company continues as one of the premier e-commercial sites on the internet like the NB.com. Moreover, NOOK Digital production of the business provides the schedule of trendy NOOK devices along with online contents together with the expensive compilation of digital interpretation content throughout the NOOK stores (Mission Nation Publishing Company, 2016). Besides, business operations of the Barnes and Noble Company involve carrying and selling of traditionally paperbacks and hardcover books. It also sells the digital books, the NOOK digital book tool, along with the book-publishing branch. In order to complement the sa le of these products in the marketplace, the company also deals with the sales of different products such as toys, magazines, games, music, educational materials, gifts, and accessories. Barnes and Noble Company have the exclusive brand as well as position in the global markets. The company places its business operations as the retail store as opposed to original books. For the company to stay and benefit in the competitive marketplace with its business operations like Amazon, it focuses on increasing its foot traffic and driving sales. According to Peou (2014), business services for the Barnes and Noble Company are more than just bookstores. It expands its operations by offering different products to its targeted customers such as gadgets, toys, games, and other gifts. All these extra products provided by the renowned bookseller help it in redesigning the nations major chain of the bookstore into the routine product (van Bekkum Smit, 2012). For the brands and image of the company, it does not have a particular sign or symbol other than their tradition label of Barnes and Noble that continues to be distinctive with green together with gold color. During business ope rations by the company, the in-store activities along with different programs aid in the creation of great experience style of branding and are the present focus and priority of operations. From the time that the Barnes and noble Company entered into the digital books marketplace in 2009, it has noticed its s processes of business move progressively online. Consequently, BN Company had increasingly turned to clome most of its retail stores to aid in the reduction of overhead and increase its revenues (Oosthuizen et al., 2016). Besides, the business operations of the company have led to the development of the global character for superiority by helping several loyal clients with its complete range of general books of trade, textbooks, academic labels, along with health books. The financial plan of BN Company focuses on the cost of the plan of operations, success, and achieving the set objectives. Barnes and Noble Company had signed a business credit agreement with Banks of American leaders back in the days of 2009. The agreement between the two parties offered the organization with pledges some as elevated as the more currencies. By getting secure credit agreement, the company signed a 4-year contract that will be rewardable for prospect operations (The Teardown: Barnes Noble Nook HD+ Tablet, 2013). The deal received a backing by the corporations assets as accounts receivable along with inventory. The principal purpose of the collected money was to aid the company to have a working capital. The company has been able to operate by getting additional capital through acquisitions. Some of the purchase that the operations of the company aim to profit from is the BN College, Fictionwise, along with Tikatok both in 2009. Throughout the gaining of BN College by the organization after the agreement of stock purchase with the seller of the corporation, enable it to improve its production. Besides, Tikatok remains to be another website podium that made it likely for kids as well as their relatives to have the privilege to inscribe, show, and print paperbacks. The attainment of Tikatok contacted people ready to benefit from the project relating to the goods that the organization sells (Mission Nation Publishing Company, 2016). Besides, the company operates a policy agreed upon by its board of directors of acquiring dividends by paying at the yearly rate of zero point six US dollars for each share of supply of corporation. The share is always payable in four different installments of zero point one-five US dollars for every share of shared stock of the organization. Therefore, there is a need to keep the stores of Barnes and Noble Company in position to impel to come along with digital trades and flows of money. The primary strategy the company focuses on the techniques of attracting competitors customers. The company aims at attracting the customers from the enterprise like Amazon who is its chief competitor. The primary initiative for the success of the Barnes and Noble Company mainly focus on the making the sales of its books to grow much above its major competitors such as Amazon. In order to carry out the strategy of attracting competitors, the company uses two tactics that include incentives with messages (E?business optionsm, 2013). On the approach of using initiative, Barnes and Noble Company always tend to offer purchased discounts to every customer based on likely obtained data. The company focuses on the collection of primary data on the pattern of purchase by customers to aid it in leveraging their membership capacities. Additionally, the operations of the company involve the use of price matching technique for its clients for same books that it offers and checking on the website of its competitors (The Teardown: Barnes Noble Nook HD+ Tablet, 2013). The idea helps the company in ensuring that multi-brand customers can purchase from the company because they can be able to attain the same price in-store that they can attain on websites of other competitors. The use of messaging in attracting the customers by the company revolves around the dynamic benefit of having real stores. The company focuses on the strategies that can defend its operations against the competitive product. Even though the competitors of Barnes and Noble Company like Amazon has been able to manage to place their services as the e-reading leaders, Barnes and Noble Company has the prospect to overtake such competitors. The company focuses on the strategies that do not only aim at increasing its sales but also subscription of its members with products of NOOK. Besides, the company concentrates on the ideas that aim at raising the awareness of the targeted and loyal customers of the benefits of the NOOK over other competitors in the marketplace with the Ads campaigns. The advertisements always emphasize on the compelling advantages of the experience together with atmosphere offered by the Barnes and Noble Company (E?business options, 2013). The other strategy by the company focuses on the strength of its brands by forming strong loyalty of multi-brand customers in the global markets. The bu ilding of brand loyalty among customers has enabled Barnes and Noble Company to base its emphasis on dynamic benefits while ensuring that the clients prefer their brand to other businesses like Amazon. The company has over one thousand two hundred college as well as retail bookstores across fifty states. The development of many stores by the Barnes and Noble Company has made it be the number one brick and mortar book retailer in the United States. Besides, employment of over thirty-five thousand employees to govern the stores globally has enabled it to meet every need of their customer. Given the state of the business operations of the company and practices of competing in the market, the company has been able to reduce the prices of their products leading to huge returns in the operations. Moreover, business operations include different business structures, like the discount model. It uses two retail firms that include online along with brick and mortar retail stores in selling its products (Haimes, 2017). Although these business operations by the company engage margins received from selling of books, the marketplace of the e-book has resulted in solid gain since its start leading to declination on the production and sales of printed books. The company has also been able to shed some retail stores with the focus of maintaining the profitability of the stores that remain in the global market. The company focuses on being the best in their operations despite its size, history, or likings of its rivals. The mission allows the company to continue with activities that aim at bringing its tones of approach to promoting the book that remains consistent with its growth objectives (Goolsbee Chevalier, 2012). Therefore, the primary mission of the Barnes and Noble Company is to remain as the acclaim to societies that it serves, the precious resource to its clients, and regions where its devoted booksellers can prosper. Therefore, the vision of the Barnes and Noble Company is evident at positioning where corporation focuses on reaching in the coming days, and it remains optimism to progress along with progress into the digital marketplace. The danger that arises in the operations of the Barnes and Noble Company stems from the methods used in deriving the strategies of the company. The risk of counting bulk purchases by the enterprise makes the company get into the war of prices with its competitors in the market. Such wars always cause the company loses its money and clients potentially. The other hazard is that once the customer's start using the set discounts on various products of the company, they only continue to purchase goods in bulk at below price from BN (Ashley et al., 2011). Another hazard arises in the case of offering Nook version of the book free of charge when the targeted client buys the paper making the publisher get upset that they are unable to get profits from sales of eBooks. The idea of offering free books always makes publishers stop distributing eBooks to Barnes and Noble Company (Wade, 2015). The idea of giving free books has made the company incur huge operational costs in hiring the new adver tising organizations to handle the challenges that result in their campaign teams and then create the new one that can attract a huge number of clients. The company faces danger in the process of adjusting its branding and related advertising models. The idea of redesigning website by the company in some cases fails to be appealing to their targeted customers. There are always rising cases with the issue involving the overall design or maybe the inventory may have incorrect list. The problem of piracy of books also affects the operations of Barnes and Noble Company (Barnes Noble, Inc, 2016). The invention of digital tools that enable an individual to download reading material instead of having to purchase it from bookstores has led to fresh critical entrants to the marketplace. Besides, the invention of the Kindle and iPad has gained these two devices to obtain popularity that the use of NOOK (Heitger Heitger, 2015). Therefore, the hazards in the operations of Barnes and Noble Company arises from the threat of new entrants, customer bargaining strengths, threats of substitution, rivalry with the company, and suppliers bargaining po wers. Risk issues affecting profitability The competition imposed by other companies that deals with the distribution and sales of books such as Amazon, affects profit earn by the Barnes and Noble Company. The competition imposed to operations of the Barnes and Noble Company makes it use the huge sum of money on looking for the ideal approaches to improving its services. Presence of competitors in the market makes the company lose their loyal customers to other stores that might have best services in the sales of books (Roson, 2015). The loss in some buyers leads to the negative effect on the amount of profit earned by the company. The competitors can make the company lose its revenue because of the price variations in products, and many customers will opt to buy products from the stores that offer products of lower costs. The need of the company to compete with these businesses in reducing their prices make the company to make fewer profits as they aim at maintaining their loyal customers (Barnes et al., 2013). The pressure imposed by competitors like Amazon make the Barnes and Noble Company invest the huge amount in improving their services and employing more workers to be able to offer the ideal environment that most customers will need. The process of using a many labor force make the company use the huge amount of money that they earn during their operations to pay workers hence making the company remain with little profits. Therefore, the company must form ideal ways to deal with competition in the market. References Ashley, C., Noble, S., Donthu, N., Lemon, K. (2011). Why customers won't relate: Obstacles to relationship marketing engagement. Journal Of Business Research, 64(7), 749-756. https://dx.doi.org/10.1016/j.jbusres.2010.07.006 Barnes Noble, Inc. (2016). Analytical Chemistry, 41(3), 71A-71A. https://dx.doi.org/10.1021/ac60272a766 Barnes, D., Hinton, M., Mieczkowska, S. (2013). Competitive advantage through e-operations. Total Quality Management Business Excellence, 14(6), 659-675. https://dx.doi.org/10.1080/1478336032000053816 E?business options. (2013). Strategic Direction, 19(2), 31-33. https://dx.doi.org/10.1108/02580540310794336 Ferguson, C. (2014). Technology Left Behind -- Barnes and Noble Carves a nook in the eReader Market. Against The Grain, 22(1). https://dx.doi.org/10.7771/2380-176x.5870 Goolsbee, A., Chevalier, J. (2012). Measuring Prices and Price Competition Online: Amazon and Barnes and Noble. SSRN Electronic Journal. https://dx.doi.org/10.2139/ssrn.319701 Haimes, Y. (2017). The Undoing Project: A Friendship That Changed Our Minds. Edited by MichaelLewis. W.W.Norton Company, Inc., 2017. $23.16 at Barnes and Noble. 12 chapters, 362 pages. Risk Analysis, 37(5), 1037-1038. https://dx.doi.org/10.1111/risa.12817 Haimes, Y. (2017). The Undoing Project: A Friendship That Changed Our Minds. Edited by MichaelLewis. W.W.Norton Company, Inc., 2017. $23.16 at Barnes and Noble. 12 chapters, 362 pages. Risk Analysis, 37(5), 1037-1038. https://dx.doi.org/10.1111/risa.12817 Heitger, L., Heitger, D. (2014). Jamestown Electric Supply Company: Assessing Customer Profitability. Issues In Accounting Education, 23(2), 261-280. https://dx.doi.org/10.2308/iace.2008.23.2.261 Hill, B., Barnes, P., McKinney, S., Barnes, P., Francis, L., Campbell, W. (2016). BOOK REVIEWS. Journal Of Beliefs Values, 27(3), 351-361. https://dx.doi.org/10.1080/13617670601001249 Kingl, A. (2013). VOICES: WHY CROSS-COMPANY DIALOGUE DELIVERS. Business Strategy Review, 24(3), 72-73. https://dx.doi.org/10.1111/j.1467-8616.2013.00976.x Mission Nation Publishing Company. (2016). International Bulletin Of Mission Research, 40(4), 376-376. https://dx.doi.org/10.1177/2396939316665278 Oosthuizen, C., Grobbelaar, S., Bam, W. (2016). EXPLORING THE LINK BETWEEN PPM IMPLEMENTATION AND COMPANY SUCCESS IN ACHIEVING STRATEGIC GOALS: AN EMPIRICAL FRAMEWORK. South African Journal Of Industrial Engineering, 27(3). https://dx.doi.org/10.7166/27-3-1635 Peou, S. (2014). Why China's Rise May Not Cause Major Power-Transition War: A Review Essay. Asian Politics Policy, 6(1), 121-131. https://dx.doi.org/10.1111/aspp.12080 Phillips, J., Noble, S. (2007). Simply Captivating: Understanding Consumers' Attitudes Toward the Cinema as an Advertising Medium. Journal Of Advertising, 36(1), 81-94. https://dx.doi.org/10.2753/joa0091-3367360106 Roson, R. (2015). Competition between Multiproduct Firms with Heterogeneous. Advances In Social Sciences Research Journal, 2(7). https://dx.doi.org/10.14738/assrj.27.1215 The Teardown: Barnes Noble Nook HD+ Tablet. (2013). Engineering Technology, 8(4), 90-91. https://dx.doi.org/10.1049/et.2013.0418 van Bekkum, S., Smit, H. (2012). Company Valuation Ratios and Endogeneity: Problems and a Solution Using Panel Data. SSRN Electronic Journal. https://dx.doi.org/10.2139/ssrn.2169954 van Steensel, A. (2014). Noble Identity and Culture. Recent Historiography on the Nobility in the Medieval Low Countries III. History Compass, 12(3), 287-299. https://dx.doi.org/10.1111/hic3.12135 Wade, L. (2015). Feature: How the Amazon became a crucible of life. Science. https://dx.doi.org/10.1126/science.aad4781
Saturday, November 30, 2019
Why are friendships so important to society free essay sample
Friendship is important because you need to know who your real friends are. You need to know who is really down for you and who is really not. In Of Mice of and Men by John Steinbeck, the story is about two migrant workers who have been let off on a bus miles away from a California farm where they are due to work. Another character named Slim comments on the rarity friendship between George and Lennie. When Lennie sees Curleyââ¬â¢s wife and when she is flirting with them, Lennie feels her hair and gets a little fun with it, and George smells danger/ trouble. Like in Of Mice and Men, George and Lennie became friends by working on the same farm. And sometimes George gets mad at Lennie for sometimes being not himself and not listening to what has to be done on the farm. We will write a custom essay sample on Why are friendships so important to society? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page And on the farm, it creates a positive friendship between the people on the farm. They are important because people arenââ¬â¢t really your friend unless you really get along my theme for this essay is although friendship is frustrating, it is necessary.In Of Mice and Men by John Steinbeck, friendships can be really hard to deal with. George and Lennie have a challenging relationship because Lennie is somewhat hard to deal with for some reasonsâ⬠Lennie, who have been watching, and copying exactly what George doesâ⬠.(10) Instead, this is just part of his mental handicap: George is less of a friend than parent, role model, and idol all wrapped up into one. George is a father figure to Lennie because he looks out for him whenever he is in danger or trouble. The second paragraph is talking about how the relationship/friendship between George and Lennie is presented in the novel, George and Lennie are just friends and there is no family relation between them. And there many relationships between people throughout the story, so the setting is kind of complicated to see in the mind. But sometimes in the story, Lennie sometimes care for George in many ways as well. They travel, work, and dream together, also give companionship that no one has never had nor have. Their latest goal is to have their own farm and the dream is cut short because of other events in the story.In the novel, Of Mice and Men by John Steinbeck, some of the characters show a form of loneliness just like, Candy, Crooks, and last but not least Curleyââ¬â¢s wife. But they question the friendship between George and Lennie because their life does not have any support in it. And there is one thing you really need in life and that is friends and people suffer from loneliness and solitude, and loneliness leads to low self-esteem. Crooks is shocked by the strength of the friendship between George and Lennie because they are really close. In Of Mice and Men, Crooks said,â⬠Well, suppose, jusââ¬â¢ sââ¬â¢pose he doesnââ¬â¢t come back. Whatââ¬â¢ll you do then?â⬠(79).And he asks those questions because he does not have any friends, and he was just curious about George and Lennieââ¬â¢s friendship.
Tuesday, November 26, 2019
Free Essays on The Chivalry Of The Sea
Robert Seymour Bridges was a physician and British Poet Laureate who wrote many of his works in the early twentieth century. In his poem titled The Chivalry of the Sea, Bridges reflects on Britainââ¬â¢s naval participation in World War I focusing particularly on the bravery of Britainââ¬â¢s young men as the bravery of the nation. Looking to the bleak landscape into which Britain sailed as well as the warm home that was left, Bridges memorializes his countrymen while eulogizing his nation. It is a patriotic work that is at once as personal as it is national. The poem is composed of 20 lines, the first five separated from the following lines by a space. Those first five lines could even serve as a poem by themselves, but together with the rest of Chivalry, they serve two capacities. The first is to act as an introduction to the rest of the poem. The second is to praise the bravery of the nation of Great Britain. When held next to the remaining 15 lines, this first stanza takes on a new character; without explicitly stating it, the stanzas together show that the chivalry and greatness of the nation is directly the result of the chivalry and greatness of the young men who served in Britainââ¬â¢s Navy. Bridges further underscores this connection by dedicating the first five lines to the nation, but then giving a full fifteen lines to the sailors. He also underscores a sub-theme of the poem by placing the nation first, a almost philosophical theme that while the greatness of the nation rests on its people, that the nation is indee d great and worthy of the sacrifices made on its behalf. Bridges uses a recurring line with slight variations to tie in the first and second stanzas which gives a bigger picture, a structure to place the contrasts of landscape into. The first line states ââ¬Å"Over the warring waters, beneath the wandering skies,â⬠the last line of the first stanza repeats with the exception of replacing ââ¬Å"wanderingâ⬠with ... Free Essays on The Chivalry Of The Sea Free Essays on The Chivalry Of The Sea Robert Seymour Bridges was a physician and British Poet Laureate who wrote many of his works in the early twentieth century. In his poem titled The Chivalry of the Sea, Bridges reflects on Britainââ¬â¢s naval participation in World War I focusing particularly on the bravery of Britainââ¬â¢s young men as the bravery of the nation. Looking to the bleak landscape into which Britain sailed as well as the warm home that was left, Bridges memorializes his countrymen while eulogizing his nation. It is a patriotic work that is at once as personal as it is national. The poem is composed of 20 lines, the first five separated from the following lines by a space. Those first five lines could even serve as a poem by themselves, but together with the rest of Chivalry, they serve two capacities. The first is to act as an introduction to the rest of the poem. The second is to praise the bravery of the nation of Great Britain. When held next to the remaining 15 lines, this first stanza takes on a new character; without explicitly stating it, the stanzas together show that the chivalry and greatness of the nation is directly the result of the chivalry and greatness of the young men who served in Britainââ¬â¢s Navy. Bridges further underscores this connection by dedicating the first five lines to the nation, but then giving a full fifteen lines to the sailors. He also underscores a sub-theme of the poem by placing the nation first, a almost philosophical theme that while the greatness of the nation rests on its people, that the nation is indee d great and worthy of the sacrifices made on its behalf. Bridges uses a recurring line with slight variations to tie in the first and second stanzas which gives a bigger picture, a structure to place the contrasts of landscape into. The first line states ââ¬Å"Over the warring waters, beneath the wandering skies,â⬠the last line of the first stanza repeats with the exception of replacing ââ¬Å"wanderingâ⬠with ...
Friday, November 22, 2019
What Is the SAT Experimental Section
What Is the SAT Experimental Section SAT / ACT Prep Online Guides and Tips In many regards, College Board has made the SAT a lot more transparent. As of March 2016, the majority of the test has a very clear and consistent format - with one exception. In recent months, some students encountered an unexpected 20-minute experimental section at the end of their tests. This guide will explain everything we know so far about thisexperimental section and how it differs from the experimental section on tests past. Read on to learn about this extra material and what it means for your test prep. What's the SAT Experimental Section? For many months leading up the new SAT, students and SAT experts thought the redesigned test had eliminated the experimental section.College Board made no mention of it, and thefree practice testsit released featured no trace of extra questions. Then, on February 4th, just a month before the new SAT was set to debut, a College Board officialsaid in a conference for test center coordinatorsin Boston that some students would get an experimental section. College Boarddidn't elaborate much further on what this meant. When counselors received theirAdvising and AdmissionHandbook, they saw these instructions: "The SAT given in a standard testing room (to students with no testing accommodations) consists of four components - five if the optional 50-minute Essay is taken - with each component timed separately. The timed portion of the SAT with Essay (excluding breaks) is three hours and 50 minutes. To allow for pretesting, some students taking the SAT with no Essay will take a fifth, 20-minute section. Any section of the SAT may contain both operational and pretest items."* *Emphasis mine. Operational items, by the way, are questionsthat count toward scores. Pretest itemsare not scored and don't factor in. Despite their declared commitment to transparency, College Board has been pretty opaque about the experimental section and whether or not it counts toward students' final scores! When the new SAT was administered in March and May, some students got an extra 20-minute section at the end. All the students that got the experimental section had chosen not to take the essay. All students who opted for the essay section did not have the extra experimental section. It could have been Writing, Reading, or Math. It's possible thatthis experimental section is unscored and meant to test out future material. It may be thatCollege Board is being vague on this point to make sure that students still take this section seriously. If students knew it was unscored, then they might not try as hard - or even skip it completely - and then College Board wouldn't be able to test out material for future tests. At the same time, no one seems to know yet whether or not this section indeed has "operational items." At this point, if you get an extra 20-minute section during your test, you should treat it no differently than you do the rest of the SAT. Before getting into additional tips on how the experimental section affects your test prep, let's compare it to the experimental section on the old SAT. What was that experimental section like, and what's the purpose of experimental sections on the SAT in the first place? What Was the Experimental Section on the Old SAT? The experimental section on the old SAT was much more easily understood than the one on the new SAT. College Board was transparent about the fact that there was an experimental section on every SAT. All students got this extra section. It was unidentified, so they couldn't know which section it was. The experimental, or variable, section was an extra 25-minutes that could have appearedasany subject - Math, Writing, or Critical Reading. It remained unscored, andtest-takers couldnââ¬â¢t predict which section was the experimental one. College Board kept it unidentified so that studentswould take it as seriously as any other section. In theory, the experimental section was indistinguishable from other sections of the SAT. In reality, though, and especially on test administrations immediately preceding the redesigned test, students noticed some strange questions unlike anything theyââ¬â¢d prepared for on practice tests. Some of these unusual questions, as it turned out, resembled material that has sinceappeared on the redesigned SAT. So even though past students didn't know which section was experimental, they did know to expect one. On the new SAT, many students were surprised to be met with an extra 20-minute section. So why does College Board include these extra sections on the SAT?What exactly is their purpose? Why Are ThereExperimental Sections on the SAT? In the past, the SAT experimental section was given for three main reasons: to test out future material, to ensure fairness and gauge difficulty level, and to detect any evidence of cheating. Presumably, the experimental section on the new SAT hassimilarpurposes. Let's look at each function in a bit more detail. To Test Out Future Material College Board, or rather its contracted test developer, Educational Testing Service (ETS), used the experimental section for years to try out new questions and material for future tests. In the past, ETS mainly used this section for developing near identicaltests. More recently, though, the experimental sections included especially novel question types as ETS worked toward therevampedSAT. If you took the "old" SAT in 2014 or 2015, you may have felt likean SAT guinea pig. The fact that College Board's been unclear about the experimental section on the new SAT suggests that it's still being used to test out future material. They want students to take it seriously, so they can get an accurate sense of the quality of their questions. At the same time, College Board has suggested that any section on the SAT, including this extra 20-minute one, could have a combination of "operational" and "pretest" items. Therefore, we can't know for sure yet whether or not every question on the extra 20-minute section really is unscored, even though only a fraction of students are taking it. To Ensure Fairness and Gauge Difficulty Level In years past, ETS used the data from the experimental section to determine whether questions were fair and comparable to past tests. They also analyzed the results across gender, race, socioeconomic status, and other social categories to ensure that the questions were equally accessible to students across demographics. Of course, manywould argue that SAT scores have always correlated with levels of family income and parental education and will continue to do so. This correlationkeeps the SAT and its validity a matter of controversy.It alsounderlies the statements given bymany colleges about why they've recently adoptedtest optional or test flexible admissions policies. Beyond working toward fairness, ETS also used results from the experimental section to gain insight into the levels of questions. If 80% of students got a question correct, for instance, then ETS could categorize it in the "easy" level. This understanding helped test designers select and arrange questions on new tests. Presumably, College Board is analyzing data from the 20-minute experimental section of the SAT in a similar way. One notable difference, however, is that only students who opted out of the essay section weregiven this extra section. To Find Evidence ofCheating Finally, inrare cases, ETS used the experimental section to detect cheating. There have been a few cases where students gained access to questions and answers before test day. If a student performed amazingly on all sections except the experimental one, then ETS could audit the test to investigate for any unfair advantage. Any students who had access to the test beforehand would have known which section was experimental (and probably freak out a little on the inside). But of course,the majority of students would never cheat on this important test, and they also would have beenhard pressed to figure out which section was experimental. Let's consider that last issue in some more detail. Did takers of the old SAT know which section was experimental? How obvious is it to takers of the SAT now? CanTest-Takers KnowWhich Section IsExperimental? The answer to this question varies depending on whether students took the old SAT or are taking the redesigned SAT of today. As such, let's consider them separately, starting with takers of the SAT today (ie, in March of 2016 and after). Takingthe New SAT Takers of the new SAT could tell which section was experimental. The new SAT has a straightforward format. It starts with a 65-minute Reading section, followed by a 35-minute Writing section. Then you get a 25-minute Math No Calculator and a 55-minute Math with Calculator. Thus the unexpected20-minute section of unpredictable subject matter was clearly the experimental one. Students who registered for the SAT with Essay wentonto the 50-minute essay as their last section. Students who opted out of the essay likely thought they were all done, but many then had to takean extra 20-minute section. As this section was not represented in College Board's breakdown of the test and practice tests, it appeared to be the experimental one. Takers of the old SAT had it a little differently, as you'll see below. Taking the Old SAT Takers of theoldSAT, unlike many who took the new SAT, knew to expect an experimental section. However, they couldn't easily figure out which one it was. They knew that the experimental section was 25-minutes, but the old SAT also had fiveother 25-minute sections. At the end of their test, students could deduct which subject their experimental section covered, Math, Critical Reading, or Writing, byfiguring out where they had extra material. However, they had no sure way of knowing which Math, Critical Reading, or Writing section was experimental. There was one exception to this rule. While most experimental sections blended in indistinguishably from the rest of the test, a few on 2014 and 2015 tests stood out for their unusual question types. A few students noted that they got "evidence-based" questions on Reading, which asked for the evidence to their answer to a previous question. These question types were unprecedented on the old SAT, but they later showed up in abundance on the redesigned test, as you've seen if you've taken or prepped for it at all. Now that you have a sense of the experimental sections on the old and new SAT, let's figure out how this extra section affects your test prep, if at all. What can you doto prepare for an extra 20-minute section of unpredictable content? Should the experimental section affect how you trainfor the SAT? How Does the Experimental Section Affect Your Prep? Just knowing about the experimental section is one important way to prepare for the test. If you're taking the SAT without the essay section, then don't be too surprised if you get a 20-minute section in Math, Reading, or Writing as a fifth section, after the Math with Calculator. If you're taking the SAT with Essay, then so far it seems that you don't have to worry about the experimental section. Unfortunately, College Board hasn't been too explicit about this section, who gets it, or what it means. We'll try our best to give you advance warning if they end up adding an extra section to the SAT with Essay version of the test, too! Besides learning about the experimental section, there are a few additional tips to consider when prepping for the SAT. Take All Questions Seriously Let's say you've signed up for the SAT without the essay and made it through your first threehours of testing. Then you get an extra 20-minute section in Math, Reading, or Writing. It might feel all too easy to blow off this section and just start filling in random bubbles. This would be a mistake, though. College Board has said that all sections, including this 20-minute one, contain operational and pretest items. There's no way of saying for sure that your performance on these questions won't be counted toward your final scores at all. As you saw above, College Board also used the experimental section in past years to determine the validity of scores. If you did great on other sections but bombed the experimental section, then this inconsistency raised red flags. We don't know yet whether the 20-minute section is used for these same purposes, but dismissing it as insignificant doesn't seem worth the risk! While you may start to feel fatigued at the end of such a long test, try your best to finish up strong. That brings us to the next tip - prepare for a longer test. Prepare for a Longer Test If you're taking the SAT without the essay, then you might benefit from prepping with longer tests. Taking timed practice tests is an important part of your prep, as it allows you to hone your time management skills and get better at staying alert over a long period of testing. Since the experimental section adds 20 minutes, you could simulate the experience by adding extra questions to your own practice tests. There aren't actually any 20-minute sections on the official SAT practice tests - the one that comes closest is the 25-minute Math No Calculator section - so you might have to create this extra section from scratch by collecting extra practice questions. Since the 65-minute Reading section usually has 52questions, you could collect 16or so to answer. For Writing, you might answer about 25questions. Math No Calculator could stay about the same, perhaps taking away two or three questions. For the Math with Calculator, you could design a section with about 13 or 14questions. Don't worry about getting the proportion of time to questions exactly right. The important point is that you add 20 minutes or so of additional testing time with SAT practice questionsto train your focus over a longer period of time. Of course, it's unclear whether all students who are taking the SAT without the essay will get an experimental section. This unpredictability leads us to our final point - stay adaptable! Stay Adaptable For the most part, you can know exactly what to expect on SAT test day, from testing procedures to the structure of the test to the types of questions you'll encounter. The main source of unpredictability is this 20-minute experimental section, which may feature additional Reading, Writing, or Math questions. Since College Board has historically used the experimental section to test out future material, it may add unusual question types that you're not prepared for. If you encounter something weird, try not to let it mess with your head. Just doyour best and roll with the punches. While you can't know for sure and should take every section seriously, many items on this section might be "pretest," or unscored, anyway. At least, that's what you can tell yourself so you can keep your cool and stay confident! Again, you can largelyknow what to expect on test day. As long as you practicefor answering questions and managing your time, you can expect to achieve similar scores as you have on practice tests. By prepping with a plan, you can feel confident about the test, with or without an extra experimental section! What's Next? Are you curious about other changes to the SAT this year? Check out the ten major changes you need to know about the redesigned SAT. Once you've familiarized yourself with the changes, you're ready to start studying! This expert guide discusses the best ways to study for the SAT. Are you looking to hone in on a particular section? Check out our ultimate study guides for the Reading section, Writing section, and Math sections of the SAT, along with our step-by-step instructions for writing the essay! Want to learn more about the SAT but tired of reading blog articles? Then you'll love our free, SAT prep livestreams. Designed and led by PrepScholar SAT experts, these live video events are a great resource for students and parents looking to learn more about the SAT and SAT prep. Click on the button below to register for one of our livestreams today!
Thursday, November 21, 2019
Law of the European Union Essay Example | Topics and Well Written Essays - 2000 words
Law of the European Union - Essay Example The doctrine of pre-emption differs from the Supremacy clause of EC law ruled in Costa v. ENEL4 in that the latter is a guide when two existing norms regulating the same thing are in conflict,5 whereas pre-emption consists in determining whether there is a conflict between a national measure, be it in application or decision, and a rule of Community law. In a further step, in (Case 11/70) Internationale Handelsgesellschaft GmbH6, the Court held that Community law took precedence even over a fundamental rule in the German national constitution. The clearest statement of the implications of the supremacy of Community law came in (Case 106/77) Simmenthal SpA (No. 2)7 where the Court held that national courts, even a lowly court of first instance, have a duty to set aside provisions of national law, which are incompatible with EC law. There was no need to wait for the national law to be amended in line with national constitutional procedures: the national rule had to be set aside immediately if it conflicted with a directly applicable or directly effective Community provision. Nor does the obligation to set aside conflicting national rules only apply to national courts: even an administrative agency dealing with a national social insurance scheme was held to be required to do so in Case C-118/00 Larsy v INASTI8. Although the national me asure is rendered 'inapplicable', this does not absolve the Member State from the need formally to repeal it. In [Case 22-70] the ERTA case (European Road Transport Agreement) the ECJ decided that where the EC concludes a treaty in pursuance of a common policy (Transport, in this case), the possibility of concurrent authority on the part of MS towards non-member states is excluded: and any other purported exercise of concurrently authority will be over ridden to the extent that it conflicts with Community law. However, the ECJ develop pre-emption legal principle. The Court first formulated a principle of pre-emption in the ERTA case where the Court held that "once a Community common policy has been initiated,9 Community competence pre-empts Member State competence". Subsequently in Costa v. ENEL10, the principle of pre-emption has been made pragmatic and more flexible. In the interests of legal certainty, the Court said that Member States must also repeal the offending national rule: (Case 167/73) Commission v France (French Merchant Seamen)11. Even if it is not yet clear whether a person actually has a right which they claim under community law (i.e. it is a 'putative' right, not a definite one), the doctrine of supremacy requires a national court to set aside any national procedural rules which might prevent them from getting the full benefit of the Community right if it IS eventually found that they have it! This was laid down in the case (C-213/89) R v Secretary of State for Transport, ex parte Factortame Ltd and others12. Spanish fishermen claimed that the UK's Merchant Shipping Act breached a number of EC Treaty articles and wrongly prevented them from fishing in British waters. They asked for interim relief (an injunction setting aside the offending clauses of the Act pending the full hearing of the case). The problem was that under English law, courts could not
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