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Sunday, March 31, 2019

Quality Management Implementation In The Indian Automobile Industry Management Essay

fitty attention Implementation In The Indian gondolamobile Industry Management essayTo examine the succeeder train of TQM slaying in an railcar exertion by analysing the strengths and weaknesses of its searing come uponr f typifyors.2. Research QuestionsWhat are the critical success factors of TQM follow through with(predicate)ation in an cable car industry?To what extent have the critical success factors of TQM been employ in the gondola industry through the abstract of the strengths and weaknesses of the critical success factors of TQM?3. Hypothesis1. In an automobile industry thither exists a critical specify of success factors for successful implementation of original drawament counsel.2. The extent of TQM implementation is positively and epoch- qualificationly associated with the strengths of the Critical advantage factors.4. Introduction conglomeration shade Management is not a end but a journey toward melioratement.V. Daniel Hunt. tonus by no pe rformer is a parvenu model in modern business. In October 1887 William barrel maker Procter, told his employees, The first-class honours degree job we have is to turn bug out flavor trade in that consumers ordain buy and keep on buying. While exploiting with D come outler Chrysler to emend its whole t iodine several decades ago, a Vice President of the United Auto Workers stated the importance of fictional character No grapheme, no sales. No sales, no profit. No profit no job. ace of the separate elements of crossways 2002 Revitalization visualise was to Continue Quality bet boundents. The top dickens vital few priorities set by Fords president for North America were Improve Quality and Improve Quality.Thus we can understand that spirit assurance has been an meaning(a) expression of crossroadion exertions throughout history. Although initial initiatives focussed on trim down defects and errors in products and services through the use of measurement, statistics and different bother resolve methods, organizations began to recognise the give waying amelioration could not be accomplished without significant attention being apt(p) to the critical success factors that contribute to the tint of the management practices utilise on a daily basis.The real ch onlyenge nowadays is to get word that managers continue to apply the basic principles on which quality management and achievement excellence is establish. The global mart post and domestic and world-wide ambition have made organizations more or less the world realise that their endurance depends on high quality.As the business world ricks more complex, quality must be greeted from a carcass, rather than a affect perspective. Quality has transiti onenessd from control, to assurance, futher on to management. Thus it is important to understand the various critical success factors which are amenable for the causeive implementation of TQM.5. Literature Re gather in5.1 emphasi zeThe extractions of TQM can be traced back to early 1920s when the ideal was developed in Japan in the late 1940s and fifties and pioneered by Americans Scholars Freigenbum, Juran and Deming. Total quality management (TQM), in its total effect is to involve solely stakeholders in organization fully in programs that will increase organizational productivity, its profitability, effective tend-place qualification, change job satisfaction, employee morale, and continuous product quality improvement.Quality is a term that has significant meaning to both the rearr and customer. In todays global cut-throat marketplace, the demands of customers are continuously increasing as they require improved quality of products and services.Total quality management (TQM) has become increasingly prevalent as one of the management strategies in companies today with the objective of ensuring customer satisfaction and loyalty, besides improving products and service quality and reinforcing contin uous improvement known as Kaizen. TQM is the only instrument to either maintain competitive advantage or survive competitive mischief (Spitzer, 1995).Total quality management is a major factor in the business quality revolution that has proven itself to be one of the twentieth centurys approximately fountainful creators of sales and revenue growth, genuinely nice radical jobs, and soundly establish and sustainable business expansion (Feigenbaum , 1999).5.2 What is Quality?In todays business thither is no single definition for quality. iodin of the shipway quality can be defined is as the totality of features and characteristics of a product or service that bears on its ability to satisfy the given involve (American National Standards Institute, 1978). Quality can be defined as the process to digest or exceed a customers expectation.The term Total Quality Management was developed by the Naval Air Systems dominate to describe its Japanese style approach to quality improve ment and became usual with business in the United States during the 1980s. Total quality is based on 3 basic principlesTo focus on customers and stakeholdersEnsure participation and police squadwork by apieceone in the organizationCreating a process focus supported by continuous improvement and learningTotal quality management is one of the measurements utilise in the automobile industry to ensure that the cars manufactured are reliable, satisfying the consumers at large and to ensure competitiveness in the market, as surface as conformance to the international standard. tout ensemble the existing self-propelled industries have reduced lives, increased process efficiency and strive to improve the quality of their products and services by meeting the needs of the people they see through the application of total quality management (TQM) principles.As the competition is increasing glob solely in ally quality management is gradually becoming important to the leaders and manage ment of automotive industry. By implementing the keep abreasting quality management tools, organizations will produce benefits for owners, employees, customers, suppliers and society as a whole.6. Concepts of TQM Philosophy umpteen companies worry Ford Motor Comp whatsoever, Motorola and Toyota Motor Company have implement TQM in redact to meet customer requirements. There are sixsome main concepts of TQM philosophy (J Juran, G Merli)ConceptMain Idea node FocusGoal is to rate and meet customer needs unremitting ImprovementA philosophy of neer ending improvementEmployee empowermentEmployees are expected to seek out, identify, and sort out quality businesssUse of quality toolsOngoing employee training in the use of quality toolsProduct rearationQuality should be in built in the process, sources of quality should be identified and correctedManaging Supplier QualityQuality concepts must expect to a companys suppliers beakment FeedbackProcess accomplishment in monetary an d non fiscal terms should be measured and feedback provision should exist. teach DevelopmentTraining programs along with education for the suppliers and subcontractors are c e trulywhereed6.1 Customer FocusFor every company customer is the king. The automobile industry also depends on their customers and strives to meet their needs and also exceed their expectations (ISO) by providing a perfect product. It is never easy to determine what a client desires out-of-pocket to their changing tastes and preferences for cars. The automobile companies must constantly gather information constantly, by research groups, market studies, and meetings with clients, in order to remain close to clients tastes.Customer Driven Quality CycleThe customer driven quality cycle provides a view of the process in which customer needs and expectations are translated into perceptions during the programme, output, and saving processes (Bruce T. Barkley, crowd together H Sailor, 2001).6.2 Continuous Improve mentThe term continuous improvement authority incremental improvement of products, processes, or services over time, with the goal of minify looseness to improve workplace functionality, customer service, or product consummation (Suzaki, 1987).Customers expectations are always shifting to a higher level due to better and better results.When customers assess quality, not only do they comparison companies to their last years carrying out but also to every other competitor that company has (B. Abohimed, 2001).TQM is concerned with continuous improvement in all spheres of work like strategic computer programmening and decision-making, to detailed execution of work elements on the shop floor.Kaizen as it is referred in Japanese kernel channelise or the action to correct while Zen means good implying that Kaizen means a change for good or an action to correct something to make it better. Kaizen aims to eliminate waste by improving standardized activities and processes. One of app roaches that help automobile companies is to constantly improve is the course of study -do- study act (PDSA) cycle which describes the activities a company needs to perform in order to incorporate continuous never ending improvement in its operation (Deming, 1950). radical Chicago TribunePDCA cycles first flavor is to plan. Management must measure the current surgical operations and make future measures to treasure performance implementation plans based on any problems they find.The next step is to Do which means implementing the plan by documenting all changes made and collecting the data for evaluation. The third step is to Check, i.e. study the data collected in the previous breaker point. The data is evaluated to see whether the plan is achieving the goals established in the plan phase or not. The last phase of the cycle is to Act according to the results found in the first deuce-ace phases.Over the long run, sea captain performance depends on superior learning. (Peter Senge, 1960). Continuous improvement should be a part of the daily work by being applyd at personal, work unit, and organizational levels.6.3 Employee authorisationEmpowerment as a process of decentralizing decision making in an organization, whereby managers give more discretion and autonomy to the front line (Brymer, 1991). Continual and extensive training in quality measurement tools is provided to the workers in order to empower them to make decisions congress to quality in the takings process and their contributions are highly valued. ancestry Employee Empowerment The Rhetoric and the man(Pearson, 1995)One good strategy that enhances the feelings of empowerment in employees is expressing confidence in them as well as establishing a realistic high performance for them by creating opportunity for employees to participate in decision making and well-favoured them the autonomy to form bureaucratic constraints. Employees are always in the best(p) position to detect problems a nd impose improvements if they are equipped to take stairs to make improvements (Wilkinson, 1997).6.4 Use of Quality ToolsTQM requires the employees to identify and correct quality problems apply certain graphical and statistical methods to plan work activities, collect data, analyze results, monitor progress, and solve. These are also known as the seven means for quality control which areCause and effect drawsScatter diagramFlowchartsPareto chartHistogramControl chartsChecklist6.5 Product DesignEvery company should ensure that while building quality into a product it should meet a customers expectation which is not an easy task as customers often blab out in everyday language. A product that is meant to be attractive, strong or safe can have different meanings to different customers. It is necessary to change customers everyday language into specific technical requirements in order to produce a product that customers want.A valuable tool to translate the congressman of the cu stomer into specific technical requirements is Quality Function Deployment (QFD). QFD originated in 1972 at Mitsubishis Kobe shipyard site. It benefits companies through improved communication and team work in the midst of all constituencies in the value chain, such as between marketing and design, or between design and manufacturing. For example an automobile manufacturer would evaluate how changes in materials would have an impact on the customer safety requirements.Designing action Systems for QualityThese three are the important production system design objectives. After Ford acquired painter, Jaguars quality improved rapidly due to production system changes. This was due to Ford adopting Toyotas production process at the Jaguar plant which proved that production system shams quality (Smith, 2001).to a fault Ford analysed incidents when defective purchased split ca employ Ford to halt shipments of vehicles which made Ford pause that manufacturing problems caused 83 percent of these incidents, while design problems caused17 percent. (Wilson and Sedgwick, 2002)QFD is a systematic procedure which is used to help build quality into the upstream processes and also into freshly product education while avoiding problems in the downstream production and delivery processes.6.6 Managing Supplier QualityTQM extends the concept of quality to a companys suppliers. The philosophy of TQM extends the concept of quality to suppliers and ensures that they engage in the same quality practices. If suppliers meet preset quality standards, materials do not have to be inspected upon arrival.With the shift in emphasis from price to quality, automobile manufacturers have had to restructure their ties with their suppliers. Spokespeople for the automobile manufacturers in the main emphasize how they are trying to build more cooperative relationships with suppliers, based upon long-term contracts, information sharing, and trust (Gardner, 1993).Some of the benefits of develop ing long term business partnership includeReduction and elimination of the inspection of supplied parts and materials.Improved product and service quality, and delivery performance and responsiveness.Value for funds purchasesSecurity and stability of suppliersTransfer of ideas, expertise and technology between customer and supplier and dissemination and implementation of best practise.Exposure of the supplier to rising tools, techniques, systems and business practices.6.7 Measurement FeedbackDeming has given utmost importance to the fact that all business processes should be a part of a measurement system along with a feedback structure. The feedback received should be studied by managers to identify the causes of variation at each step in a process, and and then concentrate on improving that subset of processes. (Paul Arveson, 1998)This framework translates the voice of the customer into measures of performance which the organization can identify and improve. It also deals with internal measures of performance, assessment of the suppliers and development of rewards and recognition.6.8 Training DevelopmentCompanies committed to quality and high performance expend heavily in training and education as such investments add up value to organizational capabilities. The leaders in quality like Deming, Juran, and Crossby actively promoted quality training and education.Training generally includes quality awareness, leadership, project management, communications, teamwork, problem solving, interpreting and using data, meeting customer requirements, process analysis, process simplification, waste reduction, error proofing efficiency and safety.7. Studies on TQMAs the Indian economy is globalising, achieving quality excellence is becoming one of the basic goals of all companies specially the automobile companies. Many companies are trying their best to get their hands on the Deming Award awarded for achieving for quality standards in their manufacturing activiti es.According to a few studies make around the world by a few companies on TQM, it has been found that TQM has got a positive influence on a companys growth and success. When the financial performance of 600 quality award winner companies was analysed, it lead to the conclusion that when TQM is implemented effectively, the financial performance also improves drastically (Singhal and Hendricks, 1999). TQM also helps companies to increase their market share and improve their competitiveness as found in a study done by Mohrman and Powell in 1995. TQM is considered to be a air factor in influencing the corporate performance of a company.According to a study carried out on the efficiency levels of TQM in India, it was found out that TQM implementation in Mahindra Mahindra, one of the top India automobile companies considerably improved its performance. A similar survey carried out in Larsen Toubro concluded that TQM has a significant impact on the companys financial performance (Singh , 2000). TQM implementation in Indian industries even though is in its growth stage, is bringing around incredible changes in the performance of the organizational work force and helps in increasing the productivity and reducing costs.Total Quality Management has gained for itself a substantial acceptance in Indian automobile industry with the aim to raise the performance standards if Indian companies to world class level (Dinesh Sethi, Deepak Tripathy, 2006). nevertheless implementation of TQM is not an easy task. Many companies withal do not commit themselves to its implementation whole heartedly (Downs and Mohr, 1980, Miller, 1993). One of the major success factors for implementation of TQM is a strong level of organizational commitment.Four more indispensible questions necessitate for each company to answer for the successful implementation of TQM are1) Is there a presence of top management involvement?2) Does the company establishment opposition from workers organizations?3 ) Is the middle/upper management involved and interested?4) Does there exist an organizational quality culture?A Total Quality strategy is effective only through the long-term commitment and abandoned appliance by the top and middle management. The top management is held responsible for setting goals, strategically planning and allocating resources to aid implementation of all plans and initiatives. (Deming, 1982 Oarvin, 1987). some other important typeface for successful TQM implementation is employee participation promoted at all levels. Individual responsibility can be discharged only if power is delegated in different degree at all levels across the organization. Also the mission, vision and policies of a company should be consistent with those of TQM. Visionary leadership of the top management and complete involvement of the middle management along with the support of employees results in TQM being a successful endeavour in the company.It is has been found out that 62% of th e Indian automobile sector believes to follow TQM as a guiding philosophy while 38% has subdued not adopted TQM as a guiding philosophy (Caravatta, 1997, Sharma, 1997, Agrawal, 1999). It is estimated that 70 % of the India automobile sector promises on time delivery more than 80 % of propagation. According to the world standards, Indian automobile industry is lagging behind. plainly 52 % of the automobile companies are working towards achieving a cost reduction of more than 5% while shockingly still 48% of the organizations do not consider cost reduction as an important aspect. unluckily only 10-15% Indian automobile companies are using quality cost as measure of their quality performance thereby loosing an opportunity to stead critical areas for improvement (Harrington, 1997)8. sixer SigmaMotorola pioneered the concept of Sex Sigma as an approach to measuring product and service quality in the year 1987. six Sigma provides an outline for implementation of a total quality syste m. The word Sigma in Six Sigma implies process performance. Six Sigma acts as a differentiator between world class and average manufacturing companies with benefits in scrap and rework costs, extinguish rates, achieved through teamwork and by removing organizational boundaries.It is a statistical unit used for measuring a units quality, with not more than 3.4 defects per million opportunities which imply achieving a quality standard of 99.99966%. Six Sigma covers the whole organization, including suppliers and customers (Quality Times, 1998).Six Sigma approach focuses on reducing variability and achieving excellence by working on three keystone strategiesProcess optimization, standardization, and controlPart standardization and certification of supplierFollowing a design for ManufacturabilitySix Sigma Conversion TableSource Journal of Management Research, 2006Six Sigma has been applied in product development, new business acquisition, customer service, accounting, and many other b usiness functions. It is not practical for all processes to operate at a Six Sigma level. The appropriate level depends on the strategic importance of the process and the cost of improvement relative to the benefit. It is generally easy to move from 2 Sigma or 3 Sigma level to 4 Sigma levels, but moving beyond that requires much more elbow grease and sophisticated statistical tools (James Evans, 2008).The problem solving methodologies used by Six Sigma areDMAIC used for projects aimed at improving an existing business process.DMADV used for projects aimed at creating new product or process designs.8.1 DMAICSource wordpress.com square off The first step while implementing Six Sigma is to define the problem in operational terms to facilitate further analysis. A good problem statement identifies customers and the Critical to Quality (CTQ) factors that have the most impact on product or service performance and identify the performance rhythmic pattern and the cost implications of the project along with defining what is to be done by whom and when (Thomas Bertels, 2003)Measure This phase of DMAIC process focuses on how to measure the internal processes that feign CTQs. This requires an understanding of the relationships between process performance and customer value.Analyse This stage focuses on why defects, errors, or excessive variation occur. Finding the answers requires identifying the key variables that are most likely to cause errors and excessive variation the root causes. One of the tools of identifying the root cause is the 5 Why technique which forces one to redefine a problem as a chain of causes and effect to identify the source of the symptoms by asking why five times (George Patterson, 2003).Improve Once the root cause of a problem is understood, the team needs to generate ideas for removing the problem and improve the performance measures and CTQs. Some of the techniques used to facilitate idea generation are brainstorming, checklists, et c (Osborn, 2003).The ideas generated are then evaluated and the most promising ones are selected, confirming that the proposed solution will positively affect the key process variables and the CTQs.Control This part of DMAIC focuses on how to maintain the improvements, which includes position tools in place to ensure that the key variables remain within the maximum acceptable ranges under the modified process. Controls might be as unsophisticated as using checklists or periodic status reviews to ensure that proper procedures are followed or employing process control charts to monitor the performance of key measures.8.2 DMADVThe DMADV project methodology, also known asDFSS(DesignforSixSigma),features five phasesSource SixSigmaTraining.netDefinedesign goals that are consistent with customer demands and the enterprise strategy.Measureand identify CTQs (characteristics that areCriticalToQuality), product capabilities, production process capability, and risks. probeto develop and des ign alternatives, create a high-level design and evaluate design capability to select the best design.Designdetails, optimize the design, and plan for design verification. This phase may require simulations.Verifythe design, set up pilot runs, implement the production process and hand it over to the process owner(s).In India, only 5% of Indian automobile companies seem to implement the Six Sigma rule due to which they have not been able to achieve steady level of quality based on 3 Sigma limits around the specified target value. Six Sigma is a tool for continuous improvement making an organization to concentrate on the requirements of customers, process alignment, and timely well planned execution (Skaria, 1995). Thus to be able to compete internationally Indian automobile sector should follow Six Sigma program in order to install the TQM philosophy. This would in turn help them to map their performance overtime and to take required prior measures.Although automobile sector in India implemented Six Sigma to gain competence in its quality aspect, it still failed to implement it in the right direction. This was due to a number of reasons likeAbsence of top management involvement commitmentPractising an authoritarian behaviour and a hierarchical thinking. neglect of adequate education and training for the employees.No strategic goal setting and a weak system of monitoring. pathetic knowledge in the field of Six Sigma and its related tools.Lack of affectionateness to be the best in quality.No building up of the practise of Kaizen, the culture of continuous improvement.Not paying enough attention to the needs of the customers.Impatience to develop a new strategy to achieve quality and thus resorting to a quick unreliable way of fixing things.Lack of collaboration, integrity, excellence and respect for each other.During the 1970s and early 1980s there were not many automobile manufacturers in India the growth of this sector was slow. besides in 1983 a dramatic c hange in the scenario occurred when Maruti was taken over by the Indian government and Maruti entered joint venture agreement with Suzuki (Japan) which emotional a revolution in the Indian automobile industry.With the adoption of the insurance of economic liberalization by Indian government in 1991, major car manufacturer companies such as General Motors, Fiat and Honda, got a chance to set up their manufacturing bases in India.Even after two decades gone after implementing TQM in the automobile sector, India is still a very small player in the world auto market production. The boilers suit economy of India is a direct factor influencing the growth of the Indian automobile sector and still lot is required to be done by the companies to implement TQM tools like Kaizen, Six Sigma, 5S and TPM. Since growth of automobile in any country is an indication of overall economy, thus lot need to be done by the automobile sector in implementing TQM quality tools in particular 5S, Kaizen, Qua lity Function Deployment and Business Process Re engineering.9. scat OrganizationsLean production was a concept developed by the Toyota Motor batch to focus on the elimination of waste in all forms, including defects requiring rework, superfluous process steps, and unnecessary movement of materials or people, waiting time, excess inventory, and overproduction.One of the key tools used in lean production is the 5 Ss Seiri Refers to ensuring that each item in a workplace is in its proper placeSeiton Refers to arranging materials and equipments so that they are easy to find and use.Seiso Refers to a bully working area so as to reduce maintenance problems.Seiketsu Refers to formalize procedures and practices to create consistency and ensure that all steps are performed correctly.Shitsuke Implies property the process going through training, communication and organizational structures.10. ConclusionAll types of automotive industries aim to have reduced costs, increased process efficiency and improved quality of their products and services by working towards achieving the needs of their customers through the application of TQM. With growing cut throat competition, TQM has become an important aspect of the management of automotive industry. With the implementation of the quality principles discussed above, companies will produce dough for themselves and also satisfy the needs of owners, employees, suppliers and society as a whole.

Saturday, March 30, 2019

People And Organisational Development

People And Organisational DevelopmentThis write up deals with the various problems memorial tablets face while implementing miscellanea. It looks at re spotlight both from the organizational point of view and the singulars perspective focus to a greater extent on the latter. It considers the various operate and models guided in transmute concern. The paper compromises gists of a case studies which is attached as an appendice. Fin whollyy the paper concludes by pointing step up the drawbacks and offering suitable suggestions for the organization undergoing alteration taking into musical score the short term and long term bene assures.NOTE guinea pig field of force summarized in appendix 1CCC- Coxs Container CompanyBBC- Byfields Business College submission transfer is a continuous play which e rattling organization or individual undergoes at some point. Defining interpolate take awayment is sometimes a very complicated attend. To find the exact definition to fit t he purpose underpins the professionalism of the organization. Voropajev (1998) states change management as an integral one shot link up to all internal and external genes in images, influencing project changes. It in addition involves acknowledgement of manageable changes already occurred and coordinated changes across the entire project. (Appendix) write go forth the 6 points in Voropajev BNET Business Dictionary outstrip describes it by charge it simple and states it as the coordination of a structured period of transition from note A to situation B in hunting lodge to achieve un changing change within an organization. To make it simpler we brook describe it as the changes organizations carry out to realize benefits or to develop a profit reservation business. transport is the requirement for competitive success. Change is not a simple process d genius oernight, it requires suasionful planning and capital punishment and should involve consultation and enfolding of all the spate (stakeholders, employees, consumers) who be going to be affected by the change. Change management faces both internal, external factors and approaches related to projects. Hence managing change is a very important.Change is not a single operation or initiative. It involves various theories underpinned by Cameron Green (2004) such asorganisational changeTeam ChangeIndividual changeCultural changeThe core objective to be retch front is whether the organization is authorize for benefits due to the changes suggested and the dis-benefits the organization allow face if the changes atomic number 18 not initiated. Change ineluctably to be measurable, realistic and achievable for it to extradite an impact on the organization and individual.Burnes (2009) identified the two dominant managing change approaches as identifying the strengths and flunk of organizations, and situations they atomic number 18 designed to address. exactly even by applying this does not tip run problems organizations face. Burnes (2009) also states that both planned and emergent changes have benefits both a lot and theoretically but they neglect other approaches. So a frame get built to fit change is a divulge option and making it flexible for future changes goes even further.The ADKAR model (Appendix) proposed by porsci () acts as a useful tool and when realized in a sequence of step helps individuals and organizations to manage successful change. Many organizations used this to good effect and Jeff Hiatt (1998,2006) essential it further and prioritized on individuals when achieving change successful.Reasons for Changes Problems facing Coxs Container Company (CCC)Nearing retirement of discover Managing DirectorHigh Market CompetitionReduced marginsErica Wilson watch entirely on her ownFear of job cutsNo readinessChange not consulted with employeesCultural issuesNon co-operation of manager employeesAddition of unfermented advisorLack of communication between top management employees2/3 staff work in the production de lay outmentAre multitude ready to change?What is the best strategy for change?What is the best be given style Vermeulen (1997)Resistance to changeWe (human creations) have evermore constituted to the major(ip) sh atomic number 18 of resistance to change. The bulk of scientific evidence suggests that the more the individual is enabled to exercise control over his/her task and relates his efforts to his fellows it is lot more liable(predicate) to gain a positive inscription. Paton James (2008) This shows a basis of a democratic government. A fair amount of disagreement and resistant is oft seen in change because it is disruptive and stressful. Kotter and Schlesinger (1979) suggested four ways why community resist changeParochial or narrow-minded self-interest misapprehensionLow tolerance to changeDifferent assessments of the situationPeople tilt to posses fixed ideas and follow certain rules which have w orked sanitary for them in the past. scarce due to advancement in technology, science and trends different organizations tend to be updated with the latest advancement which requires changes or perhaps even re-organising the way they work. organisational personnels not adapting to this change face the 4 change resistance express above by Kotter and Schlesinger. just now the loss leader has to assess the situation originally implementing the new changes. BBC CCC (Appendix) both dont indicate the assessment existence carried out taking all stakeholders involved in the change.Who Performs the Change?A exceedingly debated question is that not many deal equal change and the pile making the decisions come in the firing fold if it backfires. Habits ar smash of every persons life but is counterproductive when it deals with change. Change process or change curve evolves through number of mental phases.Denial defeatNegotiating or bargainingDepressionAcceptanceExperimentationDis covery of bewitchIntergration Baekdal, Hansen, Todbjerg and Mikkelsen (2006)Leaders or managers are the people who initiate the change. As makeed foregoing by Cameron Green (2004) the various changes taking place usually the instigant plays a broad part. At BBCs (Appendix) the director forced changes which affected the work environment and a lot of resistance from employees was portrayed but it invariablelly brought agglomerate the performance.Two alternatively contrasting points to put forward both in BBC CCC the individuals claimed change and the individual repelled changes respectively.John l Thompson 73Role of Leader in Change circumspectionLeaders calculate to infer the phrase change management as means of getting the organization to perform what they motive. Cramm (2003) in her research article stress that this simply affects the people. This could only lead to the lack of the vision not being migrated from the train of the leader to the hands of the employee . Even strategic planning hobo go to the drain if there is lack in vision.VISIONSTRATEGY executionLeaders need not possess single recommended style. Thompson (1997) round are autocratic others democratic in the way they make their decisions. Each relies on different strengths such as planning and analyzing, some are primordial and visionary. What exactly we need of leaders is going up to people and involving them as part of the process.Gaining InputsStakeholder viewsLikes DislikesCramm (2003) states that true spirit of change management is enabling all employees to express and apply their knowledge in a way that benefits to each one of them and the organization. Burnes (2009) also tension that employee empowerment as life-and-death to successful change, particularly when there is attitude and destination involved. For this in turn leads us to demand being an important criterion. He further compared three theories in order to understand employee involvement.Depth of Interv entionCognitive DissonancePsychological look at Burnes (2009)There are a few key aspects to be considered by leaders or managers who take on challenge of change.Recognizing group combine a major influence on giveingness to changeConvey and evince two trustTraining a part of building processAllowing sufficient time for changeEncourage people to adopt elementary idea to fit the real world and them Vermulen (1997) et al. Deal Kennedy (1988)The employees have to be convinced that this change is going to benefit them and is done taking into account the best interest of the organization and the employees.Fragmented leadership is a broad cause of outputs being brought subjugate. There always is a need for a well structured plan to achieve transformation. Carr Littman (1990, p. 195) et al. Vermulen (1997) identified nine steps needed for successful cultural transformation process.Planning for cultural changeAssessing the current state of quality subtletyTraining managers and the workforceManagement adopting and modeling the new behaviorMaking organizational and regulation changes that champion quality actionRedesign individual performance appraisal and pecuniary reward systems to reflect the principles of total quality managementChanging reckon practicesRewarding positive changesUsing communication tools to reinforce TQM principlesHence the leader has to pay extensive attention to cultural change since it is a crude issue. Diagnosing and analyzing the organizations character leave alone provide assessment of the strength and weakness. This can be further built upon. This makes the implementation a easier procedure to be carried out.Managing the Individual acculturationChanging organizational structure can be done rather quickly but the cultural change is a long process and consumes time. Kanter (1992) et al Burnes (2009) The fact that many people or even teams are repulsive towards the word change is that they are in a bad way(p) if their individual roles and responsibilities would be affected. People are more suited towards perform actions which they are familiar with. Hence Cameron Green (2004) stress the fact that managing the individual and people within the organization is an important criteria. Thompson (1997) states that if enculturation and power is overlooked, implementation whitethorn not be possible.Baekdal, Hansen, Todbjerg and Mikkelsen (2006) state that change management is more intimately the people and higher efficiency does not come from on the job(p) harder but from within. Higher efficiency comes from motivation, complete understanding for the entire process and self worth. This has to be focused on a rotund home if the company is to improve. The strategic leader plays an important part in the finish of the organization. Attitudes and behavior of employees are affected as well as pass oningness to accept responsibilities and taking measured risks due to these changes. The culture of an organization is associated to the personality of the individual. Culture and communication cannot be separated and for this to be put in place common assumptions have to be made. Catwright et al Mullins (2005) sees culture as a system of management authority and states three ways employees react.They identify themselves with their organization accept its rules when it is the right thing to do.Internalize the organisations values when they believe they are right andThey motivated to achieve the organization objectives Catwright et al Mullins (2005)There are many types of cultures seen in organizations which are cited in Mullins (2005) pg 892 893). except person culture plays as a huge part usually. It sometimes could be people getting together to agreeing with a certain system like the one of sharing cakes on Fridays at BBC. This atmosphere has worked well and has not hindered their success. But forced changes made by the new management has affected the works and led to inefficiencies. Ever y organization has its own unique culture and large organization posses a mix or cultures. Different people like working in different environments and they get more satisfied and this makes them apt which reflects on their performance. But Dean Kennedy et al Burnes (2005) categorise corporate cultures behavior two factorsThe degree of risk associated with the organisations activities andThe speed at which organizations and their employees receive feedback on the success of decisions or strategies.Change FactorsFree market competition is a driving source for organizations and individuals to innovate and changeCommunication communication strategyInvolving people who are going to be directly affected by the changes is crucial and setting up a communication strategy is vital. This has abundant effect on reducing the uncertainty people face and assures them of their involvement. By implementing this particular procedure the employees are draw into discussions and gives them the righ t to debate about the changes. This discussion can convince them why the change is needed rather than just being told to do changes which they really dont know why is being suggested. This can reduce anger, frustration etc being cultivated.This is best described in a mini case study cited in Burnes (2009) where the trade inwardness convenor for NHS had problems with the top managements way of implementing change. Change was not consulted but ordered. This de-motivated the entire discussion section and lack of staff support was evident. The situation seemed not like changing until the new chief executive taking the post on the very first day saw the problem and went to the head of the union. This was a huge step forward since it gave the union head and its employees the assurance of their involvement and them being heard out. This resulted in changes not being possible previously were possible now. It required only a little bit of courtesy and thought to initiate this step. This sm all win was a big step forward which contributed heavily to the change process.500 wordsManagement Union MeetingsHaving management union meetings to address the problems facing the organization and the drop in running(a) quality is needed. The fact that none of the changes have been discussed with the union is seen as a drawback. The management and the employees can come to mutual agreements and speak over conflicts which are hindering the changes from not being employed. Perhaps suggesting a few compensations to employees top executive work in favour of the management. Corbett (1994)Drawbacks of ChangeTo every positive there is a negative. If change is not realized tendency to rely on a particular area is too strong and critical factor needed for success allow not be built upon. In this every changing world change is the essence for success. Case study at McDonalds Thompson (1997) the smallest change such as change in batting order also affects the people involved in making the food since they are accustomed to making the same previous menu. The motivation and moral is suppress due to this change which will affect quality and time initially. But the organization is going to benefit so this change has to be realized. agonistic change and accepted change are two changes which are not discussed often.Case StudyWave managementSince over 2/3 of the companys employees work in production department and the fact that they have been working for the past 10 years, managing them to adapt to the changes is critical. Two main steps to put down areInvolvement of employees in changesFinding ways to manage themEzzamel, Green, Lilley Willmott (1995) state that organizations should be leaner, creative and adaptive. Bureaucracy hierarchical control have a lot of drawbacks. Having a network with a shared culture will make the employees committed to the core values of the organization which will bring down the cumbersome hierarchy and its cost. This is needed since there seems to be a vacuum when it comes to confrontation between top management and employees. This new wave management can lead to lot of future emphasis such asProblem-solve through participationFacilitate employee self-discipline efficaciously develop HRFlexibly appreciate contingency ambiguity Ezzamel et al. (1995)Ezzamel et al. (1995) also state that managers are not required enforcing rules to control workforce. But this could lead to some problems with respect to disciplinary and motivation. Having cross-functional managers is a way to bring the top management and employees closer. This will bring self disciple as well as a constant monitoring process together which will benefit the organization. This eradicates functional specialism and boundary wjich are seen as obstacles for project management.Strategic managementThe steps mentioned below is probably the basic best process in achieving change. Planning to achieve the desired output needs a strategy to be implemented. Morgans (1986) et al. Burnes (2009) organizational metaphors 8 point explanation is good but many people rather prefer Johnsons Scholes (1993) et al.Some problems cannot be solved but only managed and adding value helps to manage change. determine such as awareness, responsibility, teamwork, tolerance and teamwork are supreme just as flexibility and change readiness.Specify time lineSpecifying the time line for the change to take place is often neglected by organizations. As seen from CCC or BBC case study (Appendix) there is no mention of time frame which does not help to achieve short term or long term wins. This could sometimes weaken the change process and become barriers for change management. Drawing time lines analyzing time lines are crucial to planning and implementation process.500 wordsRemediesMotivationEngaging peopleWays to make them understand (Educate Regulate them of the situation)Stats (projections)Positive attitude we are not victims, dont take it personal, global co mpetitionGet out of a comfort zone loss or opportunitiesBe a better player you fail company failsRe tool and re discern yourself einstien sloganAsk better questions + attitudePoor planning involve team communicateDont see the point why will they want to changeIf ROI is not there then no company will be happyMotivationManage change Setting ExampesManaging change is an important ingredient to achieving change. It is the responsibility of the management and many organizations fail to do so. There is no point blaming the workers. McCormic () states that effectively dealing with emotional solution to change as a key criteria. Managers have their reasons to resist change. This may be due to the fact that they might feel that the change is not going to have effects or lack of trust in the management.Possible solutionTop management needs to consider solutions from managers and them in turn from workers. People disagreeing must not be beaten down for their expressions.Top managem ent must review the suggestions and analyze there is enough funds (Executive Sponsorship) to carry out the process if agreed.Open communication two way and honest opinions must be givenExpectations must be robust and everyone must be aware of the change.Reporting system must be initiated on mutual grounds.By implementing these steps most managers will tend to be won over by the management and the employees will follow suit.Cultural effects on TQMCulture plays an important part in an organization involving every individual contributing to it and helps change over a period of time. Management plays the most important roles in achieving this transformation. Vermulen (1997)Vermulen (1997) identifies companys culture as major issue hindering TQM and change. Companies through is policies and day to day actions usually send signals defining what is important and proper which in turn helps employees act thence. If an audit could be carried out like questionnaires, personal interviews etc t his can assess the situation and a feedback system would be created which helps gain commitment and awareness of the present situation. Vermulen (1997) states management must accept and follow accordingly even though there might be differences more than conformance. But what this does in the CCCs situation is that since 2/3 of the company employees work in the same department and are of similar cultural background. This is not always the solution.What effects change can bringSTUDENT ID 469131Page 8

Toomer Challenges Racial Identity English Literature Essay

Toomer Ch eithithernges Racial Identity English Lit date of referenceture EssayKarintha, reapers and November like flowers, all view as similar laptings in rural Georgia which is located in the southwestward where we see a lot of racism going on. The south for sinister Americans functioned as a site for trauma as considerably as a typic reference for their homeland. It is withal a symbolic connection between slavery and informalized melanize wo hands. Its is all embedded in Toomers quest for racial indistinguishability as a mulatto. Toomer tries to represent the black womans sexuality as an act of sexual union scarred by traumatic history by depicting Karintha as an innocent prostitute. The deem lambast is regarded as a passing era associated with the trauma of slavery. Toomer was severe to create a connection between racial and cultural pertinacity generated by modernity to the regulation of black fe man uniform desire. The study stand in this story which is death an d sex relate to the Black American historical content of slavery and lynching. We see that in Cane, Toomer uses nature to exposit the bodies of the black females but nearly all the females are either tormented or violated in the rural settings which projects displacement of nature. The haunting rhythm method of folk songs in the rural landscape draws attention to the women who are objects of male desire and transforms this women into lost objects. Toomer portrays the gender issues and fond barriers that hindered black women. Her skin is like dust on the eastern horizonwhen the sun goes down (page 5).This description Toomer gives of karintha as dusk shows that what she represents is fading past. Karintha introduces the themes of movement in life and death that reoccur in the book Cane. The interest of men, who wishes to ripen a breaking intimacy as well as soon (page5) shows that men hastened her sexual development. Karintha represents the folks spirit that is fading away du e to modernity in the south, she is over sexualized and that means that black men still have urges to be reconnected with the past.In Reapers, we see major racial themes here the head of slavery takes major precedence in ones brainpower when we start reading the poesy. Toomer lays emphasis on the battle cry black (Page 7) apply to describe the black Americans that were slaves at that time in the south. The reapers were tied to a life of monotonous work. The institution of the mower disrupts the peace in the nuance of the weeds and brings war this brings out the theme of racism, where there is constant social war between the colored and the white. The verse form Reapers is suggestive of Black dramaturgy laborers in the early twentieth Century. Toomer in addition tries to depict the problem of racial economic inequalities that were also present in the south at that time. The word continue (page7) connotes the constant labor the black male did in the fields. We also have a v iew on how in the early 20th century, black males who had their lands would have to work and pay a certain make sense grit to the whites thereby deviation them with little profit. All their turmoil and life-threatening work was always in vain. We also see an introduction to craze that emerges with the blood-stained scythe that has cut a rat in the poem, an issue that Toomer readdresses ulterior in cane.November cotton plant flower is an other(a) poem that ensues after Reapers, the poem talks about environment in the south were we all kip down was difficult for the colored skin at that point in time. The poem describes how the cotton flowers survived the harsh south weather and still strived through the impenetrable times it went through.We see Toomer use the idea of racial identity, he uses the images of scarcity, drought and death to express the black race during the time the poem was written. embrown eyes that loved without a trace of fear,Beauty so jerky for that tim e of year. (Page 8)Toomer depicts the sudden urge that the African American race have to fight against racism. The description of a hope for the cotton flower shows that Toomer believes there is hope for the African American he tries to create a wed between the oppression of race to the growing of a cotton flower.In Cane, Toomer tries to create a hybrid structure, where we see a combination of little(a) stories and poems. Karintha, Reapers, and November cotton flowers portray death, labor, racial identity and racism which portray major themes in the book cane as a whole. The book cane is designed in a circle, Toomer starts from the south up into the north and back into the southern regions again. Since, Karintha, Reapers, and November cotton flowers are the first three consecutive pieces in the book Cane, Toomer gives us a shadow or a breather of what is to proceed in other poems and stories in the book. The three pieces are set in the rural south where a lot of racial identity i s taking place, the description of Karintha as a November cotton flower, also gives us an imagery of how the south and its environment looked at that point in time.In karintha, Toomer describes her as an innocent prostitute who men constantly came to for gratification of their sexual desires just to tolerate a living for herself. Toomer reechoes the themes labor and economic inequalities also found in the poem Reapers and November cotton flower. Blood-stained, continue cutting weeds and shade (page 7) shows how the African Americans in the south had to continually labor to fend for themselves and family. In the south, the blacks grew cotton for a living but in November cotton flower, they had turmoil but seen no rewards of their labor, the natural resources were depleted thereby leaving the fields empty. And cotton scarce as any southern snow (page 8)Toomers cane is compiled of encounters with both blacks and white and black. In Karintha, we see encounters between blacks and white . Karintha was a black woman who was sexually appealing to both the white and black men in her community. However, in Reapers and November cotton flower we see the diametral of such encounters. Even though white men are attracted to karintha, in Reapers, and November cotton flowers, we see that they belittle the dusk skin color and heart-to-heart them to a life of constant labor.Toomer also paints the theme death in these three consecutive pieces that start the book cane, as it would also be discussed in the other poems and stories that followed. In karintha, we see towards the ending that she mysteriously has a electric razor who dies, Toomer likens the death to smokes that curl up in the community. Furthermore, Toomer uses animals in Reapers and November cotton flowers to signify death. In reapers, And there a field rat, startled screaky bleeds, (page7)Shows the black reaper slays the rat and leaves it bleeding without offering any beneficence to it. Toomer also describes the features of a loose land in November cotton flowers. dead birds were found (page 8).Toomers description of Karintha as a November Cotton flower shows the idea of double consciousness because karintha was depicted by Toomer as a impetuous child who was mischievous and always stoning the cow, yet the preacher convinced himself that there was nothing wrong in her acts and regarded her as a November cotton flower. Toomer tries to portray how the whites thought their maltreatment of the blacks were justified and lawful. Which, is also the same thing seen in Reapers when the reaper refuses to acknowledge the fact that he had hurt the rat.The introduction of the mowers by Toomer in the reapers also signifies the birth of modernism and the new negro movements, which, is also repeated in November cotton flowers when the cotton flowers begins to unexpectedly grow and the blacks see a hopeful future after the death of karinthas child which signifies the death of the old negro and old cult ural style because as soon as Toomer transitions to the rural setting, the folk song setting seems to vanish. jean Toomers cane is a book that takes into cognizance, the lives lived by Negros at that particular era and his work was considered as the New Negro art that led other black poets or writers to write other books in that light.

Friday, March 29, 2019

False Imprisonment And Merchant Protection Statutes Law Essay

False Imprisonment And merchandiser Protection Statutes virtue EssayAlthough the area of business rightfulness with which I am closely familiar and be in possession of the most knowledge is contr re submit law, secured transactions and bankruptcy, my offset jury trial was a parapraxis involving a slip and adjudicate at the old Rickshaw Hotel which was located across from the former tend State Race Track on Route 70 in Cherry Hill, New Jersey This really dates me be pee the Rickshaw Hotel is now a machine dealership and the Racetrack is a shopping center. In a law firm, the newest associate is usually given the garbage cases, virtuosos which were non probably to succeed and with which a partner did non want to be associated.This case was brought into our office shortly out front trial, be pull in an attorney who was licensed lonesome(prenominal) in Pennsylvania thought he could flummox settled it before trial. However, there was one piece of testimony from a depositio n that led the excuse to believe the case had no merit. That assertion was in answer to a question to the injure woman, When and where did you learn of the draw in the carpet at the hotel? She answered, In my attorneys office when he told me there was a tear in the carpet.I started the trial by telling the jury in the initiation disputation, That the defense would very shortly tell you, members of the jury, that This case is a dupery and that the reason they know it is a fake, is because of the deposition testimony. I s charge, Just the reversion is the case. This is a very truthful woman. She answered the question correctly, because that is exactly what happened. She did learn of the tear from her former attorney. If she had not been walking d knowledge pat(p) a poorly illuminated hallway, if she could have seen the torn carpet, surely she would not have caught her foot in the tear, she did not see the tear as she fell and hit her idea against the wooden chair rail on the wall, she did not see it as she lay unconsciously on the floor and she never saw it as she was carried on a stretcher out of the building. The case settled before I called my first witness.Every sloppiness case centers on what would the run-of-the-mine level-headed individual find to be the case.Week Two OBJECTIVESUpon period of this workshop, students are expected to competentlyDescribe the concept of ethical leadership. visualise the key concepts of ethics in the context of a business environment. bosom the concepts of Duty of Care, Negligence and Liability.Intentional civil wrongs against psyches and against billet entrancement and batteryAssault is the threat of immediate violate or nervous contact or any action that arouses reasonable apprehension of imminent harm. Actual natural contact is unnecessary.Battery is the unauthorized and harmful or offensive fleshly contact with some other mortal. Direct physical contact is unnecessary.False custody and merchant pro tection principlesFalse imprisonment is wise to(p) confinement or restraint of other person without authority or justification and without that persons consent.Merchant protection statutes allow merchants to discipline, detain, and investigate suspected shoplifters without being held unresistant for pretended imprisonment if (1) there are reasonable grounds for suspicion, (2) suspects are detained for only a reasonable time, and (3) investigations are mannered in a reasonable manner. slur of character and invasion of privacyIf a person makes a counterfeit statement about another person, that is defamation of character. In court, a complainant must upgrade that the suspect make an untrue statement of occurrence about the complainant and that the statement was by design or by the way print to a third party. Public figures substructurenot recover for defamation unless they faecal matter prove that the suspect acted with actual malice.Every person has a even off to stand up his or her life without being subjected to unwarranted and undesired publicity. Violation of this reclaim is the civil wrong of invasion of the right to privacy.Intentional torts against qualityInterference with an owners right to exclusive possession of land constitutes the tort of tres drag to land.Trespass to individualised spot occurs whenever one person injures another persons personalized property.Conversion of personal property occurs when someone who originally is given possession of personal property fails to return it.NegligenceElements of NegligenceElements of negligence involveThat the defendant owed a work of safekeeping to the complainantA responsibleness of perplexity is the stipulation we all owe to each other not to cause preposterous harm or riskiness of harm. Courts decide whether a duty of care is owed in specific cases by applying a reasonable person step (how would an objective, careful, and conscientious person have acted in the same circumstances) or a reasonable paid standard (where the defendant has a particular expertise or competence).That the defendant breached this duty of careA breach of the duty of care is the failure to exercise care.That the plaintiff tolerateed injuryThe plaintiff must suffer personal injury or damage to his or her property to recover monetary damages for the defendants negligence.That the defendants act caused the plaintiffs injuryA person who commits a delinquent act is not liable unless his or her act was the cause of the plaintiffs injuries.Causation in fact or actual cause-a person who commits a negligent act is not liable unless antecedent in fact can be proven.Proximate or legal cause-the law establishes a even along a chain of events caused by a negligent party after which that party is no longer legitimately responsible for the consequences of his or her actions.Intentional and negligent infliction of aflame straitenIntentional infliction of stimulated distress or the tort of go against occurs when a persons extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person. Some jurisdictions have across-the-board this dogma to include negligent infliction of emotional distress where the defendants negligence causes emotional distress. The most common suit is bystanders who witness the death or injury of a loved one caused by anothers negligent conduct. extra negligence preceptsNegligence per se is a tort where the violation of a statute or ordinance constitutes the breach of the duty of care. An example would include a statute that establishes a duty for homeowners to fix their sidewalks.Res ipsa loquitur can occur when the defendant was in exclusive control of the situation and the plaintiff would not have suffered injury but for someones negligence. A good example is a surgical instrument left in a patients body. fluidram shop acts make taverns and bartenders liable for injuries caused to o r by patrons who are served besides much alcohol.Similarly, some states make social hosts liable for injuries caused by clients who incur intoxicate at a social function. many another(prenominal) state guest statutes provide that if a driver voluntarily and without compensation gives a campaign to another person, the driver is not liable to the passenger for injuries caused by the drivers customary negligence. unplayful Samaritan laws relieve medical professionals from indebtedness for ordinary negligence when they recrudesce and render aid to victims in emergency situations.Under the firemans prevail, a fireman who is injured while putting out a fire may not sue the party whose negligence caused the fire.The danger invites rescue doctrine provides that a rescuer who is injured while going to someones rescue can sue the person who caused the wicked situation.Common carriers are held to a higher(prenominal) standard than most other businesses they have a duty of cessatio n care, rather than a duty of ordinary care, to their passengers and patrons.Landowners owe a duty of ordinary care to invitees and licensees, but generally do not owe a duty of ordinary care to a trespasser.Defenses to tort liabilitySuperseding or intervening event-a defendant is not liable for injuries caused by a superseding or intervening event for which he or she is not responsible. supposition of the risk-a defendant can use this defense against a plaintiff who knowingly and voluntarily entered into or participated in a risky activity, for example car racing, that resulted in injury.Contributory negligence-this doctrine states that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. Many states have rejected this doctrine and replaced it with the doctrine of comparative negligence.Comparative negligence-the comparative negligence doctrine apportions damages according to fault.FraudFraud or intentional misre premisea tion or deceit occurs when a wrongdoer deceives another out of money, property, or something of value. The elements of fraud areThe wrongdoer made a trumped-up(prenominal) representation of material fact.The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party (scienter).The innocent party justifiably relied on the misrepresentation.The innocent party was injured.Termsassault-(1) The threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is not necessary. given of the risk-A defense in which the defendant must prove that (1) the plaintiff knew and appreciated the risk and (2) the plaintiff voluntarily assumed the risk.battery-Unauthorized and harmful or offensive physical contact with another person. Direct physical contact is not necessary.causation in fact or actual cause-The actual cause of negligence. A person who commits a negligent act is not liable unless causation in fact can be proven.causation-A person who commits a negligent act is not liable unless his or her act was the cause of the plaintiffs injuries. The two types of causation that must be proven are (1) causation in fact (actual cause) and (2) proximate cause (legal cause).comparative negligence-A doctrine that applies to fixed liability actions that says a plaintiff who is contributorily negligent for his injuries is responsible for a proportional share of the damages.contributory negligence-A doctrine that says a plaintiff who is partially at fault for his own injury cannot recover against the negligent defendant.conversion of personal property-A tort that deprives a true owner of the use and enjoyment of his or her personal property by taking over such property and exercising ownership rights over it.covenant of good faith and sportsmanlike dealing-Under this implied covenant, the parties to a contract not only are held to the express monetary value of the contract but also are required to act in good faith and deal fairly in all reckon in obtaining the objective of the contract.danger invites rescue doctrine-Doctrine that provides that a rescuer who is injured while going to someones rescue can sue the person who caused the dangerous situation.defamation of character-False statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party.Dram Shop Act-Statute that makes taverns and bartenders liable for injuries caused to or by patrons who are served too much alcohol.duty not to willfully or wantonly injure-The duty an owner owes a trespasser to foresee intentional injury or harm to the trespasser when the trespasser is on his or her premises.duty of ordinary care-Collecting banks are required to exercise ordinary care in presenting and sending checks for collection.duty of utmost care-A duty of care that goes beyond ordinary care that says common carriers and innkeepers have a business to provide security to their passengers or guests.false imprisonment-The intentional confinement or restraint of another person without authority or justification and without that persons consent.Good Samaritan law-Statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.guest statute-Statute that provides that if a driver of a fomite voluntarily and without compensation gives a ride to another person, the driver is not liable to the passenger for injuries caused by the drivers ordinary negligence.injury-The plaintiff must suffer personal injury or damage to his or her property in order to recover monetary damages for the defendants negligence.intentional infliction of emotional distress-A tort that says a person whose extreme and outrageous conduct intentiona lly or recklessly causes severe emotional distress to another person is liable for that emotional distress. in any case known as the tort of outrage.intentional interference with contractual relations-A tort that arises when a third party induces a contracting party to breach the contract with another party.intentional misrepresentation-(1) tort that occurs when a wrongdoer deceives another person out of money, property, or something else of value. Also known as fraud or deceit (2) when a marketer or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby.intentional tort-Occurs when a person has intentionally committed a wrong against (1) another person or his or her character, or (2) another persons property.invasion of the right to privacy-A tort that constitutes the violation of a persons right to travel his or her life without being subjected to unwarranted and undesired publicity.libel-A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, etc.negligence per se-Tort where the violation of a statute or ordinance constitutes the breach of the duty of care.negligence-A tort related to big products where the defendant has breached a duty of due care and caused harm to the plaintiff.negligent infliction of emotional distress-A tort that permits a person to recover for emotional distress caused by the defendants negligent conduct.palming off-Unfair competition that occurs when a company tries to pass one of its products as that of a rival.professional malpractice-The liability of a professional who breaches his duty of ordinary care.proximate cause or legal cause-A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.punitive damages-Damages that are awarded to punish the defendant, to deter the defendant from similar conduct in the future, and to set an example for others.res ip sa loquitur-Tort where the presumption of negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someones negligence. The burden switches to the defendant(s) to prove they were not negligent.slander-Oral defamation of character.social host liability-Rule that provides that social hosts are liable for injuries caused by guests who become intoxicated at a social function. States vary as to whether they have this rule in effect.strict liability-Liability without fault.superseding event-A defendant is not liable for injuries caused by a superseding or intervening event for which he or she is not responsible.tort of misappropriation of the right to publicity-An attempt by another person to remove a living persons name or identity for commercial purposes.tort-A wrong. there are tercet categories (1) intentional torts, (2) unintentional torts (negligence), and (3) strict liability.trespass to lan d-A tort that interferes with an owners right to exclusive possession of land.trespass to personal property-A tort that occurs whenever one person injures another persons personal property or interferes with that persons enjoyment of his or her personal property.unfair competition-Competition that violates the law.Internet LinksTorts generally www.law.comAmerican blockade Association Tort and indemnification Practice Section www.abanet.org/tips/home.htmlTort and Insurance Law Journal www.abanet.org/tips/journal/lawjournal.htmlDiscussion Question Knight v. JewettFacts On January 25, 1987, the day of the 1987 Super Bowl football second, plaintiff Kendra Knight and defendant Michael Jewett, together with a number of other social acquaintances, attended a Super Bowl party at the home of a common friend. During half time of the Super Bowl, several guests decided to play an familiar game of touch football on an adjoining dirt lot, exploitation a peewee football. Each team had four o r fiver players and included both women and men plaintiff and defendant were on contend teams. No rules were explicitly discussed before the game.Five to ten minutes into the game, defendant ran into plaintiff during a play. According to plaintiff, at that point she told defendant not to play so rough or I was going to have to stop playing. Her declaration stated that defendant seemed to acknowledge my statement and left me with the postage that he would play less rough prospectively. In his deposition, defendant recalled that plaintiff had asked him to be careful, but did not remember plaintiff saying she would stop playing.On the very next play, plaintiff sustained the injuries that gave rise to the present lawsuit. As defendant recalled the incident, his team was on defense on that play, and he jumped up in an attempt to intercept a pass. He moved(p) the ball but did not catch it, and in coming down collided with plaintiff, knocking her over. When he landed, he stepped backwa rd onto plaintiffs right hand, injuring her hand and smallish finger.Both plaintiff and Andrea Starr, another participant in the game who was on the same team as plaintiff, recalled the incident differently from defendant. According to their declarations, at the time plaintiff was injured, Starr had already caught the pass. Defendant was running toward Starr, when he ran into plaintiff from behind, knocked her down, and stepped on her hand. Starr also stated that, after knocking plaintiff down, defendant continued running until he tagged Starr, which tag was hard plenteous to cause me to lose my balance, resulting in a twisting or spraining of my ankle.The game ended with plaintiffs injury, and plaintiff sought treatment shortly thereafter. After three operations failed to restore the movement in her little finger or to relieve the ongoing pain of the injury, plaintiffs finger was amputated. Plaintiff then instituted the present proceeding, seeking damages from defendant on theori es of negligence and assault and battery. hypothecate that you are on the calcium Supreme Court and are approach with this case. Do you rule that the plaintiff is barred any recovery because California has followed the common law theory of assumption of risk? Or do you rule that the plaintiffs conduct was such that she does not come within the doctrine of assumption of risk? Or finally, do you rule that the assumption of risk defense should simply be discarded in modern tort practice and you rule that the assumption of risk is no longer a valid doctrine in California.(Please note, I am not inquire you to research the actual case, but rather to use the text and your own experience to guide your opinion.)

Lighvan Cheese: Physicochemical and Organoleptic Properties

Lighvan Cheese Physicochemical and Organoleptic PropertiesPhysicochemical and organoleptic properties of Lighvan give up basti unriv howeveredd with Protulaca Oleracea seed vegetable rock rock crude color color colourMajid Keyvani, Marzieh BolandiAbstractCheese has high nutritional value in homosexual health although is natur in ally sorry in inborn oleaginous sharps. immanent greasy acids revealed crucial roles in nutritional diet and have been suggested as disease ginmill agent. Protulaca Oleracea (purslane) has considerable amounts of omega 3, 6 and 9 super fertileted acids as sanitary as magnesium, potassium and vitamin C. The accept of this study is end product and characterization of Lighvan tall mallow alter with Protulaca Oleracea seed embrocate. Results indicated that increasing of Protulaca Oleracea seed oil ca theatrical roled significant increased omega 3, 6 and 9 concentration in lay off (p0.05). Lighvan cheese containing 2.5% Protulaca Olerac ea (purslane) seed oil showed the highest sensational attri neverthelesses.Key wrangling Omega 3, 6 and 9 plank person acids, Lighvan cheese, Protulaca Oleracea seed oil, beef upification portalCheese is the dairy product which has been considered as important food as a point of nutritional value. Cheese has been produced by traditionalistic procedures since ultimo years ago in Iran. Lighvan cheese, the semi-hard cheese, is the most popular traditional cheese made from raw sheeps milk in East Azerbaijan land of Iran. Lighavan cheese is characterized by high taste acceptability and considerable amounts of proteins oddly casein which is beneficial for indigestion disease 1 but it is naturally poor in essential fatty acids. A large body of scientific reports suggests that high essential fatty acids dietary intake associated with health and declines in cardiovascular diseases.Protucala Oleracea is an herb, k at presentn as purslane, which has considerable amount of poly unsatu rated fatty acids. Purslane has been considered as rich sources of antioxidants, Vitamin A,B,C and E, beta carotene and essential amino acids as well as minerals such as potassium, calcium, magnesium and iron 5,8. buttery acid while of purslane contains palmitic acid (C160), stearic acid (C180), oleic acid (C181 n9c), linoleic acid (C182 n6c) and -linoleic acid (C183 n3). -Linolenic acid is an 3 fatty acid that is essential in the human diet as a precursor for the synthesis of longer chain fatty acids and the prostaglandin group of mammalian hormones. Oil seeds such as brassica, flax and soya atomic number 18 main sources of linoleic acid and exceptionally purslane seed contains considerable amounts of linoleic acids 10. There argon several reports in the literature corresponding to the health effects of omega 3 fatty acids on cholesterol reduction, nontextual depicted objecthritis manipulation, manpowertal depression therapy , burns healing and pr pull slashtion of cancer cells growth3. Studies on omega 3 fortification of dairy products development fish oil have been found in the literature. However, the major fuss with this kind of fortification is unacceptable sensory properties. The objectives of this study be i) to officiate of Lighvan cheese with purslane oil extract and ii) to study the effects of purslane fortification on characteristics of Lighvan cheese.Materials and MethodsMaterialsSheep milk was provided from Almalo village, Sa payabad county, East Azerbaijan province, Iran. Composition of sheep milk was 7.1% fat, 5.7% protein and 18.2% M1total solids. Renin was purchased from Mitoy comp both, Japan and salt was purchased from Pars Kaveh company, Iran. Purslane seeds provided from Mashhad traditional market and oil was extracted by cold press method.Cheese supplyingAb come out 24 kilograms of sheep milk were hygienically filtered at 30 C and then divided into four portions in steel containers. Purslane seed oil was mixed with sheep milk at three ratio of 15, 25 and 35 using Blender (MJ-176NR, National, Japan). Then rennet was added to sheep milk in order to curd formation afterward one hour. The curds were pressed in textile filter in order to separate whey. The curds were then have a go at it longitudinally and transversally and pressed again to remove residue whey. The curds were moulded and located in 15% salt brine after 3 hours. Finally, the moulded curds season and stored in 11% salt brine at 82 C for 3 months for ripening.Physicochemical outlinePhysicochemical properties of cheese samples evaluated match to the national standards of cheese including number 1753 for total solids determination, number 2852 for pH and sulkiness determination, number 760 for fat determination and number 1811 for protein determinationM2.Fatty acid compositionFatty acid composition of purslane oil and fortified cheese canvass using gas chromatographyM3. YL Model6100 GC equipped with flame ionization sensing element w as employ. Characterization of capillary column (TR-CN100) was with 0.2 micrometer versed diameter, 0.25 micrometer trend coating and 30 meter length at 80 to cc C temperature. The GC was operated with helium carrier gas with 99.99% purity.Sensory propertiesThe sensory quality of cheese sample was evaluated by a 15 element panelist group who were skilled with quality attributes of food products. Panelists scored for sensory characteristics including color, odor, texture, internal and external appearance using a five point luxuriant scale (1 genuinely bad to 5 excellent).Statistical purloinThe message of treatments were flying fielded to one-way digest of variance (ANOVA) at 95% confidence train using SPSS 16 software. Sensory results were analyzed using nonparametric Fridman scrutiny at 0.05 significant levels. All analysis was performed at three replications.Results and banterEffects of purslane seed oil on physicochemical propertiesThe results of physicochemical ana lysis were shown in Table 1. The results indicated that the efficiency of cheese do increased as purslane oil concentration increased. The efficiency of cheese making depends on milk type, fat issue, total solid (milk density), milk temperature (temperature of inoculation), the amount of rennet, rennet coagulation capacity, take away whey capability, molding pressure and salting.Table 1 Cheese making efficiencyM4Cheese + 3.5% POCheese +2.5% POCheese +1.5% PO1ControlTreatments39.33%37.33%36.83%34.83% dexterity1 purslane oilThere is no significant difference (p0.05) mingled with pH and acidity of samples due to purslane oil addition however, the significant reduction in pH and acidity after aging process was sight (pTable 2 pH and acidity of cheese samplesvalue are enter as mean standard deviation he fine art dramatiseed by contrastive superscripts in each column are importantly contrary (pThe results of wet, fat, salt and protein centres of cheese samples were shown in Ta ble 3. The results revealed that the highest fat content related to cheese containing 3.5% purslane oil. The more(prenominal)(prenominal)(prenominal) purslane oil concentration caused significant more fat content (p0.05) 7.Salt concentration in brine and later(prenominal) osmotic pressure caused penetration of salt into cheese and resulted in symmetricalness which led to moisture loss during aging 2. Results showed that moisture content of fortified cheese with purslane oil lessen before aging as purslane oil increased, however there is no significant difference between moisture content of cheese containing 1.5 and 2.5% purslane oil (p0.05) . In fact, increasing of fat content resulted in more fat in dry matter and subsequent less moisture content which led to reduced lipolysis 7. Previous studies revealed that moisture content didnt substituted as much as reduced fat in low fat cheese 9.Salt content of samples decreased as purslane oil increased which can explained by pr ou tcomeing role of purslane oil from penetration of salt into cheese structure. In fact, fat globules fasten capillary structure and extend penetration duration so cheese contained more fat content needs more time for salt diffusion into cheese 6. Salt content of cheese increased during aging because of cheese curds storing in salt brine 2.Protein content of cheese decreased importantly (pTable 3 Chemical properties of cheese samplesValues are recorded as mean standard deviationMeans followed by different superscripts in each column are significantly different (p heavy weapon chromatographyThe results of gas chromatography were shown in Table 4. The considerable amounts of omega fatty acids bug outicularly omega-3 fatty acids in purslane oil was observed and the omega-6 to omega-3 ration calculated as 1.5 which is an ideal ratio.Table 3 GC results of purslane oilM5The results indicated that purslane oil addition caused significant increase in omega 3, 6 and 9 (pTable 5 Omega fatt y acids of cheese samplesValues are recorded as mean standard deviationMeans followed by different superscripts in each column are significantly different (pSensory propertiesSensory assessment of cheese fortified with purslane oil is presented in Figure1. The panelists marked the lowest scores of intuitive feeling, aroma and appearance (color) for cheese containing 3.5% purslane oil and the cheese contained 3.5% purslane oil obtained the lowest total acceptability score. holey structure is texture characteristic of Lighvan cheese. Different aroma is the other(a) characteristic of Lighvan cheese which is related to sheep milk and microorganisms activity. It was expected that purslane oil c everywhereed the surplus aroma of Lighvan cheese because of distinct odor of purslane oil. The panelist distinguish particular aroma of purslane oil only at 3.5% concentration level. The individual flavor is a nonher characteristic of Lighvan cheese which is correlated to sheep milk and bacte ria activity. Purslane oil affected flavor of Lighvan cheese especially at 3.5% concentration level. The fortified cheese contained 3.5% purslane oil seemed darker than the other treatments.Figure 1 Sensory properties of cheese samplesConclusionThis study exhibited the possibility of purslane oil as omega essential fatty acid source in traditional Lighvan cheese face without undesirable altering of physicochemical and organoleptic properties. Purslane seed oil could enrich omega-3, 6 and 9 fatty acids content of cheese considerably. Increasing of pursiline oil in formulation lead to increased omega fatty acid content although cheese contained 3.5% purslane oil didnt obtain acceptable sensory characteristics and 2.5% purslane oil concentration showed better organoleptic properties.M6ReferencesAminifar, M.Hamedi, M.Emamjomeh, Z.mehdinia,A. 2010. Microstructural , Compositional And Textural Properties During Ripening Of Lighvan Cheese, A Traditional rude Sheep Cheese. journal of Text ure Studies 41 (2010) 579593.Azcona, J.O.Garcia, P.T,Cossu, M.E.Iglesias, B.F.Picallo, A.Perez, C.Gallinger, C.I. Schang ,M.J.Cane,Z.E.t. 2008. Meat quality of Argentinean Camperos chicken heighten in omega-3 and omega-9 fatty acids.Meat Science, 79 437443Brunner, J.R.1981. Cow milk proteins twenty five years of progress.J. Dairy Sci.641038-1050De Lorgwril, M., Salen, P., Laporte, F. and Delriris, j. (2001). Alpha-linolenic acid in prevention and treatment of coronary heart disease. European Heart Journal Supplement 3(4)26-32Gsta Bylund, M.Sc.1995. Dairy processing handbook. Tetra Pak. 8,320Ghotbi, M. Soleymanian zade, S. sheikh zeyneddin, M. 2010. Identification of L. pentosus, L. paraplantarum and L. plantarum in Lighvan cheese, Research Journal of Food Science and Technology of Iran 6 (2) 145-148Kavas, G. Oysun,G. Kinik, O.Vysal, H. 2004. Effects of some fat replacer on chemical, physical and sensory attributes of low-fat white pickled cheese. Food Chemistry, 88381-388Rubatzky, E. V. and Yamagughi, M. (1997). World VegetablesPrinciples, Production and Nutritive Values. Chaman Hall, 834 pp.Rudan, MA.Barbano, DM.Yun, JJ. Kindstedt, PS.1999. Effect of fat content reduction on chemical composition, proteolysis, functionality, and yield of Mozzarella. J Dairy Sci, 82 661-672Salunkhe, D, K. and Kadam, S, S. (1998). enchiridion of Vegetable Science and Technology. Marcel Deker, INC. 727 PP.M1include detail of the method of milk analysisM2Include appropriate international standard with a referenceM3Include detail of analysis and referenceM4How making efficiency was determinedM5All the oil transfer to the oilCalculate itM6Conflict of interest should be includedCubism Artists Pablo Picasso and George BraqueCubism Artists Pablo Picasso and George BraqueIn Paris or so 1907, Pablo Picasso and George Braque broke away from centuries of traditional western art. The single viewpoint had been exhausted, it was legal tender aside. A new analytical system was put in its place.They improve the way they worked by re engaging with expressive energetic art from lost cultures (especially African art). This was refreshing as religion and superficial prodigality were not part of this movement. Paul Gauguin, the French impressionist, probably had a circumstances do with this. His work was to a great extent influenced by the native culture of Tahiti and the Marquesas Islands.By viewing a subject from many angles it defecated this cubist effect. Almost manage the image itself were animated and moving. Pre 20th century, most paintings had always been til now and flat, granted many were incredibly life kindred but they were lacking in energy.Influential French art critique Louis Vauxcelles attributed the terms Fauvism (1905) and Cubism (1908).He described cubism as a geometric simplification of natural shapes and images. Upon seeing one of Braques paintings he said, M.Braque scorns form and reduces everything, sites, figures and Roman houses in geome tric diagrams, to cubes U. Apollonio, Materializing Space, in Braque, P. 4. cubistics wanted to manufacture pictures that went beyond geometry or perspective. The idea of relativity the notion of movement on a flat surface was introduced. Artist fused two their observations and memories into the one image. But in order to do this the Cubists examined the way that we see.Artists were free from the use of perspective and accuracy. Tonal drift and lighting was no longer heavily relied on but the representation of natural and fake textures made a lot of cubist art plant life appear tactile even though the surface of the canvas remained flat.Unlike the abstract artists of the same period, the aim was not to create an image without a distinct form, but to create a completely new way to represent images figuratively and realistically.In the get offning there were many very simple images of subject matter being used e.g. someone silting alone in an empty fashion with a window and the glimpse of an industrial landscape out-of-door.But, as more boundaries were crossed and the classical demeanors of representation seemed but a distant retention away, mixed media started to take form in many of the cubists paintings. The importance of connecting man to their paintings opened up a completely different way in which to connect with art. And as a result this heavily influenced many other artists and their styles, to daytimelight this style has made a huge impact deep down the art world and advertising and we see this on a day to day basis.Czannes later works and tribal African art greatly influenced Braque and Picasso. A lot of tribal art appeared to be very stiff but they had such iconic faces. They were misleadingly flat to get word at head on but if you looked at them from the side they were both curved and angular. During the far more analytical period of cubism we see a change in how shape is exposed. We begin to find shapes within shapes of all different si zes, textures and colours.Take Picassos Les Demoiselles dAvignon 1907 (MoMa) generally referred to as the first Cubist picture. This satiric representation of the female nude statue depicts a group of nudes in assorted poses. nearly of the sharp disjointed angular faces look like tribal masks this gives the nudes a feeling of masculinity rather than conventionally looking feminine. This reinvention of the nude is created without ordinary perspective but the picture does not look flat. On the contrary the angles, curves, lines and the sparing use of flesh tones thought the painting still allow you to see through all the shapes and into the picture itself. The several refilling angles on top of one another do confuse the warmheartedness somewhat. Picasso termed this as an indulgence of colour, using but a small range of colours, and only slight tonal shifts.Around 1912 stack began to think that Braque and Picassos style was becoming predictable and all of their work was becoming too similar, so much so that more often than not, passel couldnt tell their work apart from one another. They were becoming increasingly more abstract and the subject was lost to the eye. In an attempt to step back from the severe abstract paintings Picasso began to use more mixed media. He took images from the real world and glued them in to his work. His painting Still Life with Chair Caning 1912 (Muse Picasso, Paris) was the first example of this collage technique. A lot of Picassos paintings already corporeal this effect of collage He used different types paint and average instead of mixed media. Thus for himself and other artists the second form of the Cubist style was born Synthetic Cubism had begun and the analytical phase was over.The terms analytic Cubism and Synthetic Cubism were popularized by Alfred H. Barr, Jr. (1902-1981) in his books on Cubism and Picasso. Alfred Barr was the first theater director of the Museum of Modern Art, New York.Synthetic Cubism embodie d a lot of repeat and the overlaying and overlapping of shapes and colours creating a more geometrically simplified and caress image. Synthetic cubism was very different from analytical, it was colourful and more direct, even though the work sometimes appeared more abstract. The geometric way of thinking had now been replaced by freehand, patterns, lines, textures, shading and colour, all used in a material body of different ways, were rather rhythmic as they bounced around the canvas. Paper was used as an alternative to paint and real scores of music replaced hand drawn notation. Anything you could find from newspaper, advertisements and packaging to everyday products that we use were either at one time pasted or painted onto canvas. This was considered the first form of Pop Art.Braque confesses when we did Cubism, we had no intention of Cubism, but to express what was in us. Even though Picasso and Braque are so alike what unites them is less important than what divides them.W ho was to Blame for maimed knee joint?Who was to Blame for wound knee?Who was to blame for Wounded Knee?On that terrible day, December 29, 1890, a little gun counterpoint sparked the saddest event in Indian history. The veterans of the seventh buck were blinded by excitement. Warriors, squaws, children, dogs or even friendly soldiers all went down alike before the flailing fire. An infant dropped onto the ground from its mother embrace as the gushing descent from her lungs bullet wound splashed across its innocent face. Even after the commotion ended, the soldiers called out to survivors promising them safety. The moment a boy came out of his hideout, he was butchered by bullets from over ten men. 250 unarmed Indians were killed mercilessly. That day, there was no battle or honor, only a shameful massacre at the Wounded Knee. Those to blame for the massacre were The US establishment for their indifference as well as bias toward the cavalrys attain, the seventh cavalry for their cruelty and Colonel James W. Forsyth for his commands as well as spot of troops.To begin with, the US government and the seventh cavalry had no right to step in with the Indian. There was a treaty protecting these Indians. Even though the government used the vestige bound as a reason, the Ghost dance was less like a solid reason and more like an excuse to send troops into the reservationFirst, consider treaty of Fort Laramie. The Treaty of Fort Laramieor theSioux Treaty of 1868 was an agreement between theUnited Statesand theMiniconjou, Oglala, andBrulbands ofLakota people signed on April 29, 1868 atFort Laramiein the Wyoming Territory, guaranteeing the Lakota ownership of the grisly Hills, as well as hunting rights and further land inSouth Dakota,Montana, andWyoming. ThePowder River Countryor the reservation area as a whole was to be destinationd to all whites.Pine Ridge reservation was part of the treaty promised Indian land. The 7th cavalry intercepted spotted wapitis band ofMiniconjou Lakota and HunkpapaLakota dear(p)hedgehog Butteand forced them to move to Wounded Knee Creek. Both Porcupine Butte and Wounded knee creek were in Pine Ridge reservation. Hence, the 7th cavalry was violating the treaty statement that the land would be closed to all whitesConsider the US government and the 7th cavalry excuses that the Ghost dance could cause troubles and uprising. The Paiute prophet Wovoka simply used Ghost Dance as a dream in which the Indians could dwell in. They danced and experienced visions of loved ones returning, , of their ancestors and of the cow that once thrive but now no more in the plains, and of the disappearance of oppressive whites. The Ghost Shirts were believed by some to deflect the bullets of the whites, but most danced because they dreamt of renewal and an end to the reservation system. The Ghost Dance doubtlessly shake up many whites in the region, and created many rumors. However, there were no incidents of raiding outside the newly established reservation boundaries The U.S. governments response by sending over half the entire U.S. Army to the reservations including the 7th cavalry was without doubt raging and unjustified.Next, the 7th cavalrys and Colonel James W. Forsyths intentions were clearly not peaceful. While there was conflict and tension during the event prelude to the massacre, the soldiers were well trained and prepared for necessary retaliation. However, evidence pointed out that they over-retaliated on purpose. The living evidences were that the 7th cavalry was scarred by Indian force before, the placement of Hotchkiss guns was for mass-murder and the battle was initiated in close rangeConsider the background of the 7th cavalry in 1873 the 7th Cavalry moved its garrison direct toFort Abraham Lincoln,Dakota Territory. Lieutenant ColonelGeorge A. Custerwas killed at theBattle of the Little Bighornon 25 June 1876 with 211 men of the 7th Cavalry. The Nebraska State Journal on December 10 , 1890, under the headline The Redskins RetreatWar Cloud Grows Darker, claimed that the Seventh Cavalry was sensibly itching for a fight. These are the same Indians who mercilessly shot down the beau Custer and 300 of the Seventh Cavalry on that memorable day of June 25, 1876 and it is safe to say the Sioux will receive no quarter from this notable regiment should an opportunity occur to wreak out vengeance for the blood taken at the battle of the Little Big Horn.The 7th cavalry was obviously setting the scene for the battle. Troopers escorted the Lakota about five miles westward from the real open plain to harder to escape fromWounded Knee Creek where they made camp. later on that evening, Col.James W. Forsythand the rest of the7th Cavalryarrived, bringing the number of troopers at Wounded Knee to 500. In contrast, there were 350 Indians 230 men and 120 women and children. The troopers surrounded Spotted Elks encampment and set up four rapid-fire Hotchkiss-designedM1875 Moun tain Guns. The guns were placed on higher spot in all directions to guarantee that no Indian would escape from Wounded Knee creek.After the battle initiated, it was fought at close range enoughy half the Indian men were killed or wound before they had a chance to get off any shots. Some of the Indians grabbed rifles they had been hiding and opened fire on the soldiers. With no cover, and with many of the Lakota unarmed, this phase of the fighting lasted a few minutes at most. While the Indian warriors and soldiers were shooting at close range, other soldiers used the Hotchkiss guns againstBlack Elk(18631950) medicine man, Oglala LakotaI did not know then how much was ended. When I look back now from this high hill of my old age, I can still see the butchered women and children lying heaped and scattered all on the crooked gulch as plain as when I cut them with eyes young. And I can see that something else died there in the bally(a) mud, and was buried in the blizzard. A peoples dream died there. It was a beautiful dreams the nations go for is broken and scattered. There is no center any longer, and the sacred point is dead.25Finally, the US government and Forsyth openly supported the inhumane action of 7th cavalry. James w. Forsyth praised the massacre as a success. The US government awarded the men of 7th cavalry with Medal of Honor and the promotion of James W. Forsyth. The Indian war came to an end. The massacre was alike praised by public. Perhaps, many white people at that time were overly to be blame for the massacre.Colonel Forsyth was oblivious to any problem. His report, written on New Years Eve, expressed his admiration for the gallant conduct of my command in an engagement with a band of Indians in desperate condition, and crazed by religious fanaticism.The secretary of war plain agreed with Forsyth, and Forsyth was reinstated, later rising to the rank of major general. U.S. approval of the action was further emphasized by awards of the Med al of Honor to three officers and 15 enlisted men for their heroism at the Battle of Wounded Knee Creek.The American publics reaction to the battle at the time was generally favorable. Many non-Lakota living near the reservations interpreted the battle as the defeat of a murderouscult others confusedGhost Dancerswith Native Americans in general. In an column response to the event, the young newspaper editorL. Frank Baum, later the designer ofThe Wonderful Wizard of Oz, wrote in theAberdeen Saturday Pioneeron January 3, 1891The Pioneer has before declared that our only safety depends upon the total extermination of the Indians. Having wronged them for centuries, we had better, in order to protect our civilization, follow it up by one more wrong and wipe these baseless and untamable creatures from the face of the earth. In this lies future safety for our settlers and the soldiers who are under clumsy commands. Otherwise, we may expect future years to be as full of trouble with t he redskins as those have been in the past.32Soon after the event,Dewey Beard, his sidekickJoseph Horn Cloudand others formed theWounded Knee Survivors Association, which came to include descendants. They desire compensation from the U.S. government for the many fatalities and injured. Today the association is independent and works to preserve and protect the historic site from exploitation, and to administer any recital erected there. Papers of the association (18901973) and related materials are held by the University of South Dakota and are available for research.33It was not until the 1990s that a memorial to the Lakota was included in theNational Historic Landmark.In conclusion, the massacre at Wounded Knee creek was to be blame on the US government, the 7th Cavalry and James W. Forsyth. The US government broke the treaty using the Ghost Dance as an excuse and awarded these murderers openly. James W. Forsyth and the 7th Cavalry also deliberately planned and executed the mass acre. Draw correlation between Wounded knee and the holocaust + other holocaust. People will do everything in their power to destroy minority. US land of freedom and diversity also have stigma of mistreating and massacre of the minority, Indians until today. The Problem of tyranny of absolute majority occur in all level Country global personal the conflict of majority is in us. Will we let the voice of others or majority kill the minority like the Elkwood we be bland and wholeness dimensional enjoy the diversity and color of lives.