Ncaa vs. Board of Regents of the University of Oklahoma Essay

Facts: Years ago members of major conferences in college football formed what was known as the College Football Association. The idea of this was to promote the interests of major football-playing schools within the NCAA structure. The University of Oklahoma was a respondent in this particular case. Issues: In 1979 the CFA member schools began to advocate that colleges with major football programs should have a greater voice in the formulation of football television policy than they had in the NCAA. CFA tried to negotiate a television agreement of its own, developed a plan, and was offered a contract by NBC. This would have allowed the member schools more television appearances, and would have increased the overall revenues realized by CFA members. As a result the NCAA publicly announced that any school participating in this agreement would be punished in all sports at that school. Holding: On September 8, 1981 respondents commenced this action in the United States District Court for the Western District of Oklahoma and obtained a preliminary injunction preventing the NCAA from initiating disciplinary proceedings of otherwise interfering with the CFA’s efforts to perform its agreement with NBC. Notwithstanding the entry of the injunction, most CFA members were unwilling to commit themselves to the new contractual arrangement with the NBC in the face of the threatened sanctions and therefore the agreement was never finalized. Reasoning: The challenged practices of the NCAA constitute a â€Å"restraint of trade† in the sense that it limits member’s freedom to negotiate and enter into their own television contracts.

German Economy Essay

One of the major sectors of German economy is the exports of this country that has accounted for a great percentage of financial output. In this regard, more than twenty-five percent of the national German output has been due to the heavy exports that have increased significantly during the last decade. In the year 2004, GDP of Germany was contributed by forestry, mining, and agriculture sector at a very lesser extent, as compared to the other sectors in the country. Despite Germany is going through a high level of industrial revolution, forest has covered more than twenty-five percent of German’s territory. In the year 2003, more than seventy percent of Germany’s gross domestic product was accounted by services sector of the country. In this regard, more than seventy percent of the workforce was employed by this sector. On the other hand, metals, textiles, chemicals, vehicles, foodstuffs, and machinery are major imports of the country, which plays a vital and crucial role in the economy of Germany. In the year 2003, a positive of US$55 billion was the account balance of payments and currency of Germany. The paper will now discuss the abovementioned areas of German economy with detailed analysis, and hope will be beneficial for experts and economists in the better understanding of German Economy. In this competitive era, a number of economies are enjoying a vital position, and Germany is one of the countries that have been able to construct a very important place in terms of its economy. In terms of exchange rate of the United States, the German economy is considered the third largest out of the other major economies of the world. Moreover, the economy of Germany has a very strong power of purchasing, which has resulted in its place as the fifth largest around the globe. In the European continent, the economy of Germany is the largest of all the other economies, which has provided it with a number of opportunities and significance in this economic world. Geographically, Germany enjoys a central place in the continent, which is one of the other reasons behind the significance and exposure of opportunities to the German individuals and businesses. A number of difficulties and confrontations can be observed in the economic history of Germany, such as structural problems related to the East Germany, as well as, different structural problems that have continued since a last decade in the country. (Smyser, 1993) The German government has imposed and implemented a number of policies that have provided significant opportunities for its economy to strengthen in the world. In this regard, one of the major steps taken by the German government is the promotion of establishment of free enterprises, as well as, competition that has provided a competitive and friendly environment to the businesses and individuals in the country. However, various sectors are selected for the distribution of financial support by the state organizations. In the response of such steps taken by the government and related organizations, the economy of Germany has achieved a momentous space in the midst of other economic powers of the globe. In addition, different sectors have achieved strategic importance with the help of different policies by the German government. Thus, a number of factors and reasons are responsible and should be credited for the strengthening and powerful role that has been played by economy of the Germany. One of the major sectors of German economy is the exports of this country that has accounted for a great percentage of financial output. In this regard, more than twenty-five percent of the national German output has been due to the heavy exports that have increased significantly during the last decade. In the result, German economy has expanded traditionally in a macroeconomic manner with the support of heavy exports from different business sectors and industries of the country. Moreover, economic and political incorporation is another basic policy of the German economy, and such policy has been promoted on the continental level in the Europe. In the result, the European Union and its member countries have appreciated and encouraged the introduction and implementation of German economies policies at a higher extent. (Siebert, 2005) Similarly, a number of legislations related to the single markets in the European Union have been established and formulated based on German economic policies. The Euro is the common European currency used by most of the countries in the European continent. In this regard, Germany has implemented the usage of same currency in the country, which has resulted in the exposure of more opportunities related to the strengthened economy of Germany in the region. Frankfurt city in the Germany has the European Central Bank, which is responsible for the formulation of monetary policy of the country, which decides the future prospects for the coming years related to the economy of Germany. (Smith, 1994) Addressing domestic structural problems is another major concern of the German government, which has been agreed and encouraged by most of the German and the foreign experts in the region. In the year 2003, the labor market was deregulated by the gradual steps of German government. In this way, high unemployment rate was tackled in an effective manner. In the West Germany, more than seven percent of fall was observed in the unemployment rate in the country, which was the visible fact of deregulation of the labor market. However, there is still a huge room for improvement in the eastern part of Germany, which has an employment rate of more than fourteen percent in the region. (Scott, 2002) However, the German government is playing a vital role in the addressing of different issues related to the economy of Germany. For instance, high non-wage labor costs have also been addressed by the government with the help of implementation of different policies related to it. Many businesses were burdened due to the imposition of bureaucratic parameters in the past, which was addressed by the present and previous governments during the last decade. Nowadays, it has become quite easy and trouble-free to establish a business in the Germany. New entrepreneurs have been encouraged, especially, in the export sectors of the country. In the result, a major and significant improvement can be observed in the economy of Germany, which is very much export-oriented in nature. (Siebert, 2005) In terms of facts, nine percent of growth was observed in the export year of 2007. In the result, some of the business experts deemed the Germany as the biggest exporter in the world. In the year 2006, more than two percent of growth was observed in the gross domestic product of the country. Moreover, it is estimated that the following years will achieve higher percentage of GDP due to excellent growth in the exports of the country. However, the domestic market of the country is confronting structural problems that can result in some economic issues in the country. Over more than a decade, the labor sector is confronting stagnant wages, which is one of the crucial causes behind the weakness of the domestic market in Germany. In Germany, reunification is financed with the contributions of social insurance companies. Since the 1990s, high wage demands are not observed in unions in the Germany, which has resulted in the conservation of competitiveness among the German workers. Between the years 1990 to 2005, two percent of decline was observed in the net income on an average in Germany, according to the Federal-Statistical Office of the country. However, wage demands from the unions have been raised significantly, as compared with the abovementioned union demands. In the year 2004, GDP of Germany was contributed by forestry, mining, and agriculture sector at a very lesser extent, as compared to the other sectors in the country. Approximately two percent of German population was given employment in the abovementioned sectors. The eastern states of the country have reported to observe a great reduction in the employment rate. After the reunification process, more than seventy percent of workers in the agricultural sector were declined. However, domestic production in the agricultural sector resulted in the fulfillment of more than ninety percent of dietary and food requirements of the country’s population. In the European Union, the agricultural production is being lead by Germany, which has been followed by Italy and France in the European continent. In this regard, wheat, barley, cabbages, and potatoes are some of the major agricultural products in Germany.

The History of Home Schooling

Before the beginning of American public schools in the mid-19th century, home schooling was the norm. Founding father John Adams encouraged his spouse to educate their children while he was on diplomatic missions (Clark, 1994). By the 1840's instruction books for the home were becoming popular in the United States and Britain. The difficulty of traveling to the system of community schools was provoking detractors. At this time, most of the country began moving toward public schools (Clark, 1994). One of the first things early pioneers did was set aside a plot of land to build a school house and try to recruit the most educated resident to be the schoolmarm. This led to recruiting of graduates Eastern Seaboard colleges to further the education oftheir children beyond what they could do at home (Clark, 1994). As the popularity of the public school movement began to rise behind Horace Mann many states soon passed compulsory-education laws. These were designed primarily to prevent farmers, miners, and other parents form keeping their kids home to work (Clark, 1994). Ironically another factor behind public schools was the desire to use them to spread Christian morality, with its concern for the larger good over individualism (Clark, 1994). Massachusetts enacted the first such laws in 1852 requiring children ages 8-14 to be at school at least 12 weeks a year unless they were too poor. The laws proved to be effective, from 1870-1898 the number of children enrolling in the public schools outpaced the population growth. Except for certain religious sects and correspondence schools home schooling remained limited for most of the 20th century. During the 1960's the hippie counterculture exploded into the scene. This culture led a revolt against the education establishment. Thousands of young Americans began dropping out of society and going back to the land to live on communes that generated the modern home schooling movement. Twenty years ago, many states did not allow home schooling. Constitutional protection has always been uncertain. The U.S. Supreme Court has never explicitly ruled on home schooling. Although in 1972, in Wisconsin v. Yoder, the Court did restrict compulsory school requirements in a limited ruling involving the right of Amish students not to attend high school (Lines, 1996). In Wisconsin v. Yoder, the Amish parents claimed that high school attendance was destructive to their children's religious beliefs and would interfere with their pursuit of the Amish way of life (Fisher, Schimmel, and Kelley, 1995). Since this ruling there have been many court cases dealing with the issue of home schooling. All 50 states allow home schooling ad 34 states have enacted specific home schooling statutes or regulations (Clark, 1994). What drives many home-schoolers are the well-documented social troubles and the declining test scores in the public schools. In 1991, the total number of children being home schooled was between 248,500 and 353,500. Many public educators feel that children who are home schooled are missing out on key learning situations that come from the public school. For instance the sciene experiments, these would be very costly to duplicate at home. Also they argue that home school children miss out on the social aspect of school. Very often they are not around many children their age and socialization does not take place. As the home schooling movement has become more widespread, state and local officials have responded with more vigorous enforcement of their compulsory education laws. As a result of this there is more litigation and new regulations. As both parents and school official's evidence increasing inflexibility, the statues play a central role in the battle over the education of the child. A secondary role is played by the courts which, in resolving the disputes between parents and the schools, must interpret and test the statutes (Chiusano 1996). Parents who are being prosecuted for instructing their children at home are attacking compulsory school attendance statues on constitutional grounds. Although no case dealing specifically with home instruction has yet reached the Supreme Court, the increased activism of the home school movement may produce a ruling in the near future (Lines, 1996). Constitutional challenges have been based on the First or Fourteenth Amendment. In many of the home instruction cases' parents have removed their children from school for religious reasons. These parents argue that they have a highly protected First Amendment freedom to educate their children according to their religious percepts and values. The most recent court decisions provide consistent continued confirmation of the Yoder decision. In Howell v. State (1986), Texas' intermediate appellate court rejected Yoder protection for parents who argued that their religious conviction was to educate their children at home (Richardson, Zirkel, 1991). In State v. Schmidt (1987), the Ohio Supreme Court held that the state's explicit-exceptions statute, which requires that home education programs be approved by the local superintendent, did not violate the free exercise clause. Another religious issue has surfaced when parents have challenged the constitutionality of requirements concerning the qualifications of the home teacher (Richardson, 1991). A few states including Michigan require all teachers in home school to possess a teaching certificate. This requirement in Michigan was challenged in 1980, 1986, and 1991. In Hanson v. Cushman (1980), the federal district court found the statute to be reasonable because the parents had not proven that any of their fundamental rights had been violated. In the private school case of Sheridan Road Baptist v. Department of Education (1986), other Michigan parents challenged the certification requirement as a burden on the free exercise of religion. This was rejected by the Michigan Supreme Court, regarding certification as a minimal burden that was outweighed by the State's interest in providing proper education. In People v. DeJonge parents claimed the right to educate their children at home, as an exercise in religious freedom. The court upheld the state law ruling that the state's interest in educated citizens outweigh the rights claimed by the parents (Fischer, 1995). In a related Michigan case, People v. Bennett (1983), the State Supreme Court ruling involving home-school families that had been convicted of violating the compulsory education statute, was reversed from he lower courts decision. The State Supreme Court permitted religious home schooling on First Amendment grounds and curbed the power of education officials to review home schooling policies (Clark, 1994). The other constitutional attack on compulsory attendance laws is non religious, primarily on Fourteenth Amendment due process grounds that parents have the right that is, the liberty, to educate their children as they see fit (Richardson, 1991). This right argued parents is superior to the state's right to compel attendance and regulate education. In Scoma v. Chicago Board of Education (1974), Blackwelder v. Safnauer (1988), and Murphy v. State (1988), the courts specifically rejected the contention that the parents had an independent, non religious, fundamental right in educating their children. In Scoma, the parents sought an injunction and declatory judgment to prevent the Chicago Board from interfering with their decision to educate their children at home. Under the Pierce and Yoder test the Illinois federal district court said the statute is reasonable and constitutional (Richardson, 1991). Now that home schooling s allowed in all 50 states, thenext step for these parents is to incorporate their children's' home schooling with public school activities. One such instance is in Iowa that started the Home Instruction Program giving parents several choices relating to their child. For instance, the curriculum they will follow, the type of assistance they would like from teachers, and whether their child will attend the neighborhood school part time (dual enrollment). This program allows parent to work with public school officials. The public school teacher meets with the home school family every two weeks (Dahm, 1996). The most recent issue being dealt with by local school boards and state governments are the extent to which home schooled students can participate in school sports and other activities. The issues in how far public schools can open their doors to home schoolers include science labs, music classes, and extracurricular activities, but athletics get the most attention according to the Home School Legal Defense Fund (Brockett, 1995). That is because competitive sports are the one activity families can not easily duplicate as their children reach high school age. The Massachusetts Interscholastic Athletic Association, after three state judges ruled against home schoolers being barred from playing on public high school teams, has initiated a one year open door trial program (Brockett, 1995). A Pennsylvania federal court ruled the constitutional rights ofa 14 year old taught at home were not violated, when the Frazier school district refused to let him play sports because the district could not verify his grades and attendance. In a related situation the Governor of Florida vetoed legislation that would have opened extracurricular activities to home schoolers. He explained that no state law bans them from participating. This left standing a policy of the Florida High School Athletic Activities Association banning non students on the theory that they can not represent what they do not attend (Brockett, 1995). This negative attitude of High School Athletic Associations has led parents of home schooled athletes to take their argument to court. For example, in Massachusetts, Melissa Davis was allowed to play on Norton High School softball team even though she is home schooled (Blum, 1996). The state court judge ordered Norton to allow her to play believes she may have a chance to earn an athletic scholarship to college. To be eligible to play athletics a home schooled athlete must apply to the association for a waiver of its initial eligibility rules, submitting documents proving what they were taught at home meet N.C.A.A. standards. Under these standards a home schooled athlete who has sufficiently high standardized test scores and proof that they took at least 13 courses that meet the associations core course standards may be automatically awarded freshman eligibility (Blum, 1996). From the recent decisions handed down by the courts, public school teachers and schools are expected to cooperate with home school educators. The hostility between the two groups has began to disappear and the focus has returned to seeing that the students get the best education they can. If both sides of the spectrum continue to work together this can be achieved.

Usability Testing and Heuristic Evaluation Essay

Usability Testing and Heuristic Evaluation - Essay Example Usability Testing and Heuristic Evaluation Learnability affects how fast a user can learn and use the system after undergoing a certain amount and duration of training. Efficiency affects the amount of tasks a user can perform in a set amount of time. Meanwhile, memorability enables a user to use the system after a period of inactivity without having to relearn its operation. Low error rate refers to the number of problems encountered by the user and the ease of correcting such errors. Lastly, satisfaction generally refers to the overall user perception of the system serving its intended purpose. Usability Testing The term usability testing has been generally referred to as any method used to evaluate a system or product. For the purpose of clarification, the term usability testing shall be used in this paper as a distinct empirical method of system evaluation with the goal of identifying usability issues and developing recommendation on how address such issues. Rubin and Chisnell described usability testing as a process of r ecruiting people as test participants to evaluate the system based on a series of usability guidelines. Test participants are normally composed of individuals whose profiles represent the target user audience. The inclusion of test participants based on real world parameters is what makes usability testing unique among other usability assessment methods. In this method, test participants are selected from the target user audience and are asked to perform specific tasks using a prototype of the system. During the duration of the test, user performance and reactions to the product are observed and recorded by a facilitator (Fiset, 2009). In essence, usability testing is a research tool which originated from conventional experimental methodology. The range of usability tests that can be performed is significantly broad, allowing the developer to tailor-fit approaches according to the test objectives, time constraints, and resources available (Rubin & Chisnell, 2008). Since it originate d from conventional approaches for controlled experiments, usability testing follows formal methods which include: (1) hypothesis formulation; (2) random sampling of participants; (3) utilization of experimental controls; (4) utilization of controlled groups; and (4) composition of sample size to determine statistical differences between groups (Rubin & Chisnell, 2008). Fiset (2009) outlined the following basic steps in conducting usability assessments: (1) definition of test objectives; (2) enumeration of tasks; (3) developing a prototype or mock-up of the system; (4) performing a preliminary validation test on prototype; (5) recruiting test participants; (6) preparing forms, venue, and equipment; (7) determining level of confidentiality of acquired data; (8) conducting the test proper; (9) filling out of evaluation questionnaire; (10) analysis and consolidation of results; (11) writing down of recommendations. The objectives of the usability test are normally determined by the pha se of system development the test will be carried out. Initial usability tests usually involve performing specific tasks based on the system design. As development progresses, additional objectives may be added such as identification of number errors, gauging user satisfaction, measuring time spent completing a

Discussion post Essay Example | Topics and Well Written Essays - 250 words - 9

Discussion post - Essay Example Some of the popular themes used in DSME include the Health Belief Model and Social Cognitive Theory. The author notes that for text messaging support, the Theory of Planned Behavior and the Health Belief Model were also utilized. However, a systematic review found that the theoretical model used in the DSME programs did not seem to have an effect on the outcomes (Steinbekk et al., 2012). Nevertheless, the Health Belief Model has been utilized both in DSME programs and text messaging support programs. I also agree with the second post by Victoria Ikoro on the management of metabolic syndrome. Metabolic syndrome has become a health crisis, especially in the western industrialized countries. Some of the predisposing factors of this condition include obesity, a sedentary lifestyle, and unhealthy eating habits (De Freitas et al., 2013). Management of metabolic syndrome involves lifestyle modifications to incorporate more physical exercise and maintaining a healthy diet. One of the ways in which the researchers have successfully initiated health behavior change and education include through the use of social and cognitive behavioral theories such as the Health Belief Model, Health Behavior Change Theory and the Social Support Theory. Interventions can use single models or a combination of several. De Freitas Jr, R. W. F., de Araà ºjo, M. F. M., Marinho, N. B. P., de Vasconcelos, H. C. A., Lima, A. C. S., Pereira, D. C. R., & ... Damasceno, M. M. C (2013). Prevalence of the metabolic syndrome and its individual components in Brazilian college students.  Journal of Clinical Nursing,  22(9/10), 1291-1298. doi:10.1111/jocn.12015 Steinsbekk, A., Rygg, L., Lisulo, M., Rise, M. B., & Fretheim, A. (2012). Group based diabetes self-management education compared to routine treatment for people with type 2 diabetes mellitus. A systematic review with meta-analysis. BMC health services research, 12(1),

The Concept Of Marketing Mix Case Study Example | Topics and Well Written Essays - 2000 words

The Concept Of Marketing Mix - Case Study Example The first objective in marketing is discovering the needs of prospective consumers. Effective marketing can clearly shape persons wants and tries to influence what we buy. The second objective in marketing is satisfying the needs of targeted consumers. Because an organization obviously can’t satisfy all consumer needs, it must concentrate its efforts on certain market one or more specific groups of potential customers towards which an organization directs its marketing program. Having selected the target market, consumers, the organization then takes action to satisfy their needs by developing a unique marketing program to reach them. These programs are planned to achieve organizations objectives. The marketing mix is the set of marketing tools which the organization uses to pursue its marketing objective in the target market  ¼Borden, 1994). McCarthy (1999) classified these tools into four broad groups that he called the four Ps of marketing i.e. product, place, promotion a nd price. Marketing-mix decisions influence trade channels as well as final consumers. Typically, the firm can change its prices, Salesforce size and advertising expenditures in the short run, although it can develop new products and modify its distributions only in the long run. Normally the firms tend to make fewer marketing mix changes in the short run. Clearly, marketing activities should be carried out under a well thought out philosophy of efficient, effective and socially responsible marketing. But with the growth of different activities at the market place these marketing tools i.e. 4 P’s may not be sufficient for the organization to have effective marketing action. Although it’s still very important to run an efficient operation, that alone is no longer enough for success.

Fifth Chinese Daughter, Hong Wong's Parenting Philosophy And Practice Essay

Fifth Chinese Daughter, Hong Wong's Parenting Philosophy And Practice - Essay Example Hong Wong’s parenting philosophy is not Hong Wong’s own parenting philosophy! The philosophy was transmitted to him and it was the way of life in a traditional Chinese family. How did the philosophy mould into that shape? A scientific answer to this question is impossibility. It is so because it has been so since times immemorial! The parents loved the children; they punished them severely as well. Punishment and love were alternative beats of the same heart for the parents. The story is about Jade Snow Wong’s upbringing in such a family in San Francisco’s Chinatown of pre-World War II times. Women were looked down upon, not with any individual malice, but their inferior status was taken for granted. Corporal punishment was part of the manual of family governance. Family business was conducted along with home life just like a train that moved on two parallel tracks. Certain fixed Chinese values were taught to the children whom they were expected to follow scrupulously. Jade Snow Wong writes, (1989, p.2) â€Å"Even at this early age she had leaned the meaning of discipline, without understanding the necessity for it. A little girl never questioned the commands of Mother and Father, unless prepared to receive painful consequences.† Absolute dictatorship in the family!... Jade Snow’s admittance to college education changes her perspectives, and she begins to understand the merits of freedom in a woman‘s life. She is on head-on collision with the clash of cultures and values. She begins to assert her identity, but she is aware of the essential dignity of the Chinese traditions. Jade Snow was also exposed to racism in her life. To mention just two instances of racism, when the family moved into the basement, her father â€Å"hired Negroes to chisel out part of the brick walls.†(p.51)In school a boy name Richard used to harass her and she reports it thus: â€Å"With malicious intent in his eyes, he burst forth, â€Å"Chinky, Chinky, Chinaman†¦.Chinky, Chinky, no tickle, no washee, no skirtee†¦.† (p.68) Sex discrimination was an important part of the Chinese traditions. Women were mostly confined to the kitchen jobs and the boys were given more care and attention. But Jade Snow’s father faced a great moral/cult ural dilemma over the male-female issue. According to the popular Chinese opinion, daughters would eventually get married in another family, so why to invest in their education? His further observations have great significance. Jade Snow writes thus: â€Å"But my answer was that since sons and their education are of primary importance, we must have intelligent mothers. If nobody educates his daughters, how can we have intelligent mother for our sons? If we do not have good family training, how can China be a strong nation?†(p.15) My personal thoughts: The book shows how the assimilation process of two cultures is arduous and slow. For the first generation of the Chinese Americans it was the toughest