The Subway Franchise Essay -- essays research papers

The Sub office FranchiseThe resistance story started in 1965 in Bridgeport, Connecticut during the summer of 1965. 17 year elderly Fred DeLuca was trying to earn enough money to pay for his college tuition by working in a hardware store. He wanted a way to add money to his minimum wage salary. He got the solution at a backyard barbecue in a conversation with a family friend, nuclear physicist Dr. irradiation Buck. With a $1000 loan from Buck, DeLuca opened Petes Super Submarine on August 28, 1965. One year later, he opened his second shop so customers would see him expanding and believe that he was successful. In an effort to increase visibility to customers, he shortened the name to Subway and introduced the bright yellow logo. The first Subway franchise opened in Walling...

Roses in the Desert :: Essays Papers

Roses in the DesertHearts starve as well as bodies, give us bread, exclusively give us roses - James Oppenheim, line of Bread and Roses, poem written in 1911, quoting the protest slogans of female industrial workersWhat brings the human heart to starve? such a critical question acutely fits into the rhyme and reason of character and theme in Stargirl and Holes. Discerning the meaning of a hungry human heart, against a back drop of parched desert environments, protagonists Leo, Stargirl and Stanley Yelnats walk in worlds fraught with injustice and cutting unkindness. From Mica high condition to Camp Green Lake, authors Jerry Spinelli and Louis Sachar do non shy away from illustrating worlds connected to the industrial jungle which prompted Oppenheims 1911 poem rather, within these American deserts, their protagonists help readers to explore theories of nonconformity, loyalty, and altruism. Through Stanleys good mode and intermittent kindness in agreeing to teach Zero to read, Leos self-conscious perspective as narrator, and Stargirls selfless generosity in well-favoured porcupine neck ties and African violets, Sachar and Spinelli question that which starves and that which nourishes our living human hearts.What does it mean to fit in? As creatures designed for community living, we desire to be liked, to be appreciated, and to be included among groups. Leo knows how to fit in he knows not to be being singled out in the crowd, how to dress, what to say, especially against the flamboyant nonconformity of Stargirl. Stanley excessively stands out in a crowd, but not by choice overweight, he doesnt have any friends at home and kids at school often teased him about his size, and coming from a poor family, he longs to do things that just like rich kids (Sachar 7, 6). His notebook is dropped in the toilet by pint-sized bullies and his family is under a curse. In Stanley, optimistic about swimming in a lake despite his ominous detainment in a detention center, at th at place exists the same good humor and optimism that sustains his inventive father. In revealing Stanleys smile at their family joke to readers, Sachar shows his protagonists strength in hereditary humor and the strength of his imagination his family stories feed him and he is lifted out of where he is by the power of his memory. Against ghastly, sweltering conditions and the injustice of his own incarceration, Stanleys palpate of humor saves him from breaking

Space Propulsion :: essays papers

Space propulsion RESEARCH I/II LARRY PECAN FINAL REPORT 9-27-98 INTRODUCTION The following is a interrogation project on Space Vehicle Propulsion. It shall consist of four sections, each discussing specific topics. Section One lays out the basic ideas of projectilery. Section twocompares Rocket Propulsion Systems, and shows the basis for the comparison. It also shows how each specific Rocket System works and Section Three gives a description of how Space Propulsion has evolved and contains a conclusion. SECTION 1 The Basics Section One is a brie description of the basic properties of Rocket Systems. It defines the key terms and shows how a basic rocket works. It also shows the State if The Art. I have chosen to do my project on lacuna vehicle propulsion. Basically, this means that my research shall be based mainly on rocketry. Rocketry is a way of propulsion that has developed in numerous ways since it was first used to propel fireworks in the 16th century. It has emerged into an extremely heterogeneous science that few actually understand. Most space rocketry in America is used in NASA (National Aeronautics and Space Association) space projects. NASA, a government tie-in that focuses on space exploration, is the main user of rocket technology. It is used mostly to power their satellites and shuttles into space. Pushing an object that weighs as much as a space shuttle does directly vertical until escaping the Earths atmosphere requires a tremendous amount of power. This is why NASA uses rockets. Rockets are essentially the most powerful forms of propulsion there is today. Space Vehicle Propulsion is based rocket engines. The basic principle of rocket engine is that when fuel is burned in the engine, the reaction citizenry is expelled at high speeds. As a result of Newtons law of action and reaction this pushes the vehicle in the opposite direction of the genius in which the reaction mass is moving. Thrust is the force that the engine exe rts on all space behind it in order to push the vehicle forward. faculty is the way that the quality of rocket engines is measured by. It is measured by the time ittakes for one kilogram of dynamical to create one kilogram of thrust. The goal of my research is to find out what makes these engines more efficient. In rocketry, the state of the art is extremely hard to define, since there are so many different forms of rocketry ranging from liquid propellant rockets to fireworks.

Author Eudora Welty Describes Unjust Treatment of African American Wome

Author Eudora Welty Describes Unjust Treatment of African American Women On the 15th of September 1963, a white man was seen setting a street corner beneath the steps of the Sixteenth Street Baptist Church in Birmingham, Alabama. The contents of the box 122 sticks of dynamite. Minutes later, the makeshift bomb exploded, killing four young African American girls and injuring twenty-three different people. The white man, Robert Chambliss, paid a one coke dollar fine for possessing dynamite with turn up a permit. He was found not guilty of murder, and the case was added to a long list of unsolved bombings, police killings, and other acts of violence against the African American community. This was the world in which Eudora Welty wrote. A native of the South, Welty witnessed racism and anti-Black violence-such as the infamous Birmingham Bombing-first hand. She saw the innocent injured and slain because of the assumption of their skin. She watched as Black men struggled and finally g ained equality -and as Black women failed to be equal within the walls of their own homes. And was Eudora Welty silent? Or did she speak out against these wrongs? Critics accused Welty of ignoring politics in her work. Some have questioned her ... failure to lobby for the rights of blacks (Ealy). However, Weltys portrayal of African American women in her stories highlights her belief that they were trapped in a world of injustice-a society controlled by whites and a culture dominated by men. Eudora Welty speaks through two characters, Phoenix and Livvie, and their dealings with different types of authority. Welty emphasizes the hopeless situation of African American women through her characters encounters with the authority of nature. She creates a wor... ...ld. Eudora Welty was not silent when it came to social issues. In her own, sometimes-quiet ways, she fought discrimination and racism and inequality. She voiced her opinions and beliefs. Her stories can speak loudly of the inju stices of a tainted society, but these protests are only heard by those who immerse themselves in her work, by those who reach beneath the surface to find the true essence of the subtle events that comprise her stories. Works Cited1. Ealy, Charles. Eudora Welty Last Survivor of the Southern Renaissance. Dallas Morning News July 24, 2001. 2. Williams, Maxine. Why Womens Liberation is Important to Black Women. The Millianton July 3, 1970. 3. Newman, Pamela. Take a trustworthy Look At Our Problems. The Millianton October 30, 1970. 4. Welty, Eudora. Thirteen Stories by Eudora Welty. Orlando Harcourt Brace & Company, 1965.

The Beach :: essays research papers

"The Beach"     "The Beach" has turned out to be a in truth controversial film, imposing positive and negative views. Harry, in "The Juice," gave the film an A1 evaluate with all optimistic remarks. Matt Wolf gave the film a very negative review, mocking every aspect of it.I am going to mop up audience, tone, capacity, organization, and the overall effect.     Audience- The audience that Harry tried to reach was a younger crowd that would appreciate the smaller keynotes of the film. With phrases like "Yes I said intriguing, henceforth, this is a forgo ass flick, no lie."     Wolf leaned toward an adult audience that would be more influenced by larger vocabulary. With words like antecedents, and incremental, that my computer doesnt even have in its spell check. Along with phrases like "the beaches resident despot, whose officiousness do-exists with a strong sexual appetite." It isnt that I dont understand these phrases and words, but I just dont want to charter them in a movie review.     Tone- Harry used a tone that was more in white-tie with a smaller vocabulary words like believable and particularly, words that are understandable. He also used a kind of techno-lingo, which is understandable to teens but not to adults.     Wolf used a very formal tone which was directed to adults. As I noted earlier he uses words that arent even in spell check. His attitude coming into the piece was very negative against the film, with remarks such as, "So how is Leo? Not bad actually, which is more than can be said for a script from John Hodge that ditches most of the novels tension."     Content- The content in Harrys piece was more like a plot summary, with phrases like, "We find a self-contained environment, complete with couples, brothers, and friends, the whole nine yards. This is the main focus o f the film." He was more optimistic and just generally nicer in his review. He also used two historical references, such as "Swiss Family Robinson," and "Taxi Driver," that he believed contriveed the plot of the film.     Wolf used a more quotation-oriented view. He didnt really summarize the film, but just depicted every part and used quotes to reflect his views. He was also very pessimistic as aforementioned. He also imputed a lot of prior history on the book and the film, with many incompatible views on all the parts of the film.     Organization- Harrys organization was very loose and difficult to follow he was not orderly and he really didnt use a outline formation.

The Beach :: essays research papers

"The Beach"     "The Beach" has turned out to be a precise controversial film, imposing positive and damaging views. Harry, in "The Juice," gave the film an A1 rating with all optimistic remarks. Matt Wolf gave the film a very negative review, mocking every aspect of it.I am going to cover audience, tone, content, organization, and the overall effect.     Audience- The audience that Harry tried to reach was a younger fight that would appreciate the smaller keynotes of the film. With phrases like "Yes I said intriguing, henceforth, this is a kick ass flick, no lie."     Wolf leaned toward an adult audience that would be more than influenced by larger vocabulary. With delivery like antecedents, and incremental, that my computer doesnt even have in its spell check. Along with phrases like "the beaches resident despot, whose officiousness do-exists with a strong familiar appetite." It isnt that I dont understand these phrases and words, but I just dont want to read them in a movie review.     Tone- Harry apply a tone that was more informal with a smaller vocabulary words like believable and particularly, words that are understandable. He also used a kind of techno-lingo, which is understandable to teens but not to adults.     Wolf used a very formal tone which was directed to adults. As I noted earlier he uses words that arent even in spell check. His attitude coming into the piece was very negative against the film, with remarks such as, "So how is Leo? Not bad actually, which is more than bum be said for a script from John Hodge that ditches most of the novels tension."     Content- The content in Harrys piece was more like a plot summary, with phrases like, "We find a self-contained environment, complete with couples, brothers, and friends, the whole nine yards. This is the main focu s of the film." He was more optimistic and just generally nicer in his review. He also used two historical references, such as "Swiss Family Robinson," and "Taxi Driver," that he believed reflected the plot of the film.     Wolf used a more quotation-oriented view. He didnt really resume the film, but just depicted every part and used quotes to reflect his views. He was also very pessimistic as aforementioned. He also imputed a lot of prior history on the book and the film, with many different views on all the parts of the film.     Organization- Harrys organization was very loose and difficult to preserve he was not orderly and he really didnt use a outline formation.

Ece 315

EARLY CHILDHOOD DEVELOPMENT ECE 332 ROBERT GALLO FEBRUARY 20, 2012 Child outgrowth is a process involving divulgemental milestones during predict fitting conviction periods. Brain maturation lays the foundation for all other aspects of a kidskins education. Growth and development of the brain is rapid, exceedingly complex, and influenced by a faction of maternal environment and genetics (Marotz, p28).This paper pass on include the developmental characteristics/milestones of preschoolers, separate activities that will enhance their cognitive, repulse, social, emotional, and language development, and how the activities will enhance their development. Child development is a process that every child must go through. Major markers or points of accomplishments atomic number 18 referred to as developmental milestones in tracking the emergence of motor, social, cognitive, and language skills. They represent behaviors that appear in somewhat orderly steps and within fairly predict able age ranges for typically developing children.With developmental milestones, the child will need to develop a portion of skills before he/ she mass establish reinvigorated ones (Marotz, p. 26). Cognitive Development Jean Piaget called early childhood the preoperational percentage point of cognitive development because children this age are not yet ready to engage in logical mental operations, as they will be in the concrete operational stage in middle childhood. The preoperational stage, which lasts from approximately ages 2 to 7, is characterized by the use of symbols to represent objects and relationships among them (Rathus, p. 48). Advances in symbolic thought are come with by a growing understanding of causality, identities, categorization, and material body. Some of these understandings have roots in infancy and toddlerhood others originate to develop in early childhood and are not fully achieved until middle childhood (Papalia, p. 269). At this age, preschoolers req uest stories with riddles, guessing, and suspense, plays realistically, experiment with things to see how they work takes objects apart and reassembles them into new interventions, places eight to ten egs in a pegboard or six round and six square blocks in a form board, Attempts to draw imperfectly copies circles, squares and some letters, sorts objects logically on the floor of one dimension usually chooses color size as a basis for classification, identifies triangle, circle, square can point to requested shape, listens attentively to age appropriate stories, and makes relevant comments during stories, especially those that relate to home and family events (Marotz, p. 39). Motor Development Children ages 3 to 6 make great advances in motor skills both gross motor skills, which involve the large muscles, such as running and jumping, and fine motor skills, manipulative skills involving eye-hand and small-muscle coordination, such as buttoning and drawing. They also begin to show a orientation for using either the right or left hand. Motor skills do not develop in isolation.The skills that emerge in early childhood progress to on the achievements of infancy and toddlerhood. Development of the sensory and motor areas of the cerebral cortex permits better coordination between what children want to do and what they can do. Their bones and muscles are unfalteringer, and their lung cleverness is greater, making it possible to run, jump, and climb farther, faster, and better (Papalia, p. 257).Preschoolers are able to walk up and down stairs unassisted, balance momentarily on one foot, kicks a large ball, feeds self, needs minimal assistance, jumps in place, pedals a small tricycle or riding toy, catches a large bounced ball with both arms extended, enjoys swinging, shows better control of crayons or markers, uses vertical, horizontal, and circular strokes, holds crayons or marker between first two fingers and thumb(tripod grasp), turns pages of book one at a ag e, enjoys building with blocks, builds a pillar of eight or more blocks, begins to show hand dominance, manipulates large buttons and zippers on clothing, achieves complete bladder control, for the some part, during this time (Marotz, p. 138). Language Development The development of dictionary proceeds at an extraordinary pace. Preschoolers learn an average of nine new words a day (Rathus, p. 158). The preschooler can use their growing style and knowledge of grammar and syntax to communicate more effectively.Children seem to form a quick hypothesis or so the meaning of the word, which then is refined with further pictorial matter and usage (Papalia, p. 269). Word learning does not occur gradually but is better characterized as a process of fast mapping in which the child quickly attaches a new word to its appropriate concept. There is a grammar explosion during the third year. Childrens sentence structure expands to include the words missing in telegraphic speech. Usually bet ween the ages of 3 and 4, children show knowledge of rules for combining phrases and clauses into complex sentences and add an array of articles, conjunctions, adjectives, pronouns, and propositions to their vocabulary (Rathus, p. 159).Preschoolers talk about objects, events, and people not present, talks about the actions of others, adds information to what has just been said, answers simple question appropriately, asks many questions, particularly about location and identity of objects and people, uses an increasing number of speech form that keep conversation going, calls attention to self, objects, or events in the environment, promotes the behavior of others, joins in social interaction rituals, comments about objects and ongoing events, recites nursery rhymes, sings songs, uses perceivable speech most of the time, produces expanded noun phrases, answers questions dealing with familiar objects and events(Marotz, p. 141). Social and Emotional Development In early childhood, ch ildrens sense of self develops and grows more complex. They begin to acquire a sense of their own and abilities and their increasing mastery of the environment. In the preschool years, children continue to develop their sense of self. Almost as soon as they speak, they recognize themselves in terms of certain categories such as age grouping and sex. One category of self-concept is self-esteem. Children with high self-esteem are more likely to be securely attached and have parents who are attentive to their needs. They are more likely to show prosocial behavior9Rathus, p. 174).Preschoolers run a wide range of emotions and are able to use appropriate labels such as mad, sad, happy, and just okay to differentiate their feelings. During this age, childrens emotional states are very situation-specific and can change as quick as they switch from one activity to another. As children develop from three-year-olds into five-year-olds, there is an increasing internalization and regulation o ver their emotions. As three-, four-, and five-year-olds acquire new cognitive and language skills, they learn to regulate their emotions and to use language to express how they and others feel. Their emotions are very connected to the events and feelings that are occurring at that moment (Seefeldt, Wasik, p. 46).Preschoolers seem to understand winning turns but is not always willing to do so, laughs frequently is friendly and eager to please, has occasional nightmares and fears about the dark, monsters or fire, joins in simple games and group activities, talks to self often, identifies self as boy or girl, uses objects symbolically in play, observes other children playing might join in for a short time often plays parallel to other children, defends toys and possessions is becoming aggressive at times, engages in make believe play alone and with other children, shows affection toward children who are junior or children who get hurt, might continue to have a special blanket, stuff ed animal, or toy for comfort (Marotz, p. 142). Activities that will enhance cognitive development is I Spy (colors, shapes, textures, and so on), board games such as Memory, candy land or connect four , and simple puzzles. Motor activities may include dancing, take in play, or riding tricycles, scooters, and pulling wagons. Language activities are reading the childs favorite books, letting child be the storyteller, or simply zesty in conversation while asking questions.Musical activities, books or stories that deal with emotions, worries, and so on, and writing or drawing about what the child is feeling. Through harmony and drive young children express themselves, explore space, develop language and communication skills, increase sensory awareness, and express themselves through rhythm, gesture, time, and space. Recent neuropsychology research suggests that music and ordure integrate the functions of both hemispheres of the brain and contribute to the language, social/emotiona l, cognitive, and physical development of young children. Music is one of the basic intelligences possessed by all domain and, as such, is an aspect of human potential.There is a musical impulse in young children, and their potential and aptitude for music are nurtured by the musical environment provided to them during infancy and early childhood. Music activities require neither specific skills nor competence, and all children are able to participate at varying levels of involvement from listening, to singing, to active drift (Eliason, p. 353). Music skills such as rhythm, meter, pitch, and tone are introduced to young children through music. Music enhances a sense of belonging to and functioning within a group. When responding to music and movement, the whole child is involved with voice, body, and emotions listening, singing, moving to the beat, playing instruments, and imitating simple movements of objects or concepts.Learning music and words together, often accompanied by han d and body motions, is a wonderful way to wire brain connections for childrens learning. Reading and singing are closely connected reading lyrics while singing also helps to develop reading and language skills. Additionally, it has long been recognized that music is a valuable memorization tool (Eliason, p. 353). diddle promotes significant mental or cognitive skills. look on brain growth and development supports the need for active and stimulating play for all children. Play gives the child opportunities to express thoughts and ideas. It provides occasions to organize, plan, solve problems, reason, search out solutions and skills, create and explore.According to the work of Piaget, play allows children to construct knowledge through assimilation, acquiring information through experiences, as well as through modification or modification of an existing point of view because information cannot be integrated into a particular scheme of understanding. Play contributes to the childs development of imaginative deeming. Play enables children to formulate ideas and then to test them. Much skill development occurs through play. During play, children have the opportunity to develop their senses of touch, taste, smell, sound, and sight to assimilate new stimuli. In addition, their attention spans are expanded as they stay on task and remain attentive to activities in which they are involved (Eliason, p. 25). Play assists communication, language, and literacy development.Many researchers think that communication skills are developed in part through peer play and the need for children to communicate with each other in their play. Play stretches the vocabulary and expands language development by providing opportunities to use new words, converse with playmates, listen to anothers language and point of view, learn new semantics (meanings of words), and hear and afterward use new syntax (parts of speech). Play synthesizes previous experiences and thoughts, allowing chil dren to piece them together. Because children plan, communicate, listen, read, and write in their play, it offers the right conditions for learning language and literacy skills.Play also fosters creativity and aesthetic appreciation, which can influence the way children think and solve problems (Eliason, p. 26). Play promotes physicalmotor development. Play is active children are never passive recipients. Children use their bodies and increase large-muscle sleight as they run, climb, skip, hop, jump, throw, and catch. Play, therefore, provides the exercise and physical activity needed to strengthen and coordinate childrens muscles and bodies. Children need play for health reasons. According to the American Heart Association, the U. S. obesity epidemic is currently affecting even young children, with more than 10% of 2- to 5-year-olds being overweight.The physical activity of play facilitates release of stress and helps children manage feelings in a positive way. Through physical pl ay, children can learn appropriate ways to display aggression and other assertive behaviors without hurting themselves or others (Eliason, p. 27). Play encourages positive emotional development. Play affects the childs motivation. It is the means for fostering a healthy personality, and it provides the opportunity for each child to discover the self. Play lets children express thoughts and ideas and try out ways of behaving and feeling. Play experiences provide safe avenues for expressing both positive and negative emotions.As they express thoughts and ideas, children can learn and be directed to the most positive ways of handling their emotions through support and reinforcement by both peers and teachers (Eliason, p. 27). There are many meaningful and remarkable benefits of stories in the lives of preschoolers they wanton minds to understanding, touch hearts, and capture imaginations. Stories help children to make sense and meaning of the things that they are taught. When ideas an d concepts are taught with stories, they are remembered. Stories have a powerful effect because they not moreover impart ideas, concepts, and information and describe people, events, and places, but they also engage emotions.Through stories we exchange experiences and feelings. Stories clarify what is being taught and enable children to make sense and meaning of what the teacher is assay to teach (Eliason, p. 45). In conclusion, the developmental characteristics/milestones of preschoolers, appropriate activities that enhanced their cognitive, motor, social, emotional, and language development, and how the activities enhanced their development were discussed. Children in the stage of early childhood need a strong base of experiences that will provide a foundation for later learning. Children need experiences that encourage them to manipulate, explore, use their senses, uild, create, discover, construct, take apart, question, and ultimately understand the world in which they are liv ing. They must be active, engaged, and involved in their learning. The larger the stock of experiences, the more meaning that they develop, the more elaborate is their map, and, ultimately, the clearer their thinking (Eliason, p. 41) REFERENCES Allen, K. & Marotz, L. , (2010) Developmental Profiles Pre-birth through Twelve Papalia, D. , Olds, S. & Feldman, R. (2010) A Childs World, Infancy through Adolescence, 11th Edition, McGraw Hill Rathus, S. A. (2011) CDEV 2010-2011 Edition. Belmont, CA Wadsworth CENGAGE Learning Seefeldt, C, Wasik, B. A. (2006) Early Education Three, Four, and Five Year Olds Go to School

Seasonal Variation Common Pediatric Problems Health And Social Care Essay

Background Seasonal fluctuation is an of import public wellness phenomenon. Many common human diseases display predictable epochal worker tendencies depending upon direct or indirect factors act uponing patient results. Pakistan lacks clear cut informations about this issue. Seasonal fluctuation assumes critical importance when it comes to pediatric disease in our set up. Our under 5 get along withing ages mortality is one of the highest in WHO-EMRO part.Aims & A Aims Present survey is aimed at observing and documenting seasonal tendencies in paediatric unwellnesss with highest morbidness and mortality rates in our state, viz. , bully stomach flu, asthma, URTI and LRTI.Material & A Methods Retrospective reappraisal of Pediatric OPD databases for lead ( 2006-2008 ) consecutive old ages in Kuwait T separatelying Hospital was carried out by the research workers and instances run intoing inclusion standards were entered in survey database. Data was analyzed for seasonal tendencies utilizing Microsoft jump out 2007.Consequences Clear cut seasonal tendencies were seen in Acute Gastroenteritis, URTI, Asthma aggravation and LRTI. Each disease displayed one-year extremums for three back-to-back old ages.Decision study paediatric slayers in our state show predictable seasonal tendencies that can be use for better readiness and improved results in paediatric communityKeywords Seasonal fluctuation, Acute Gastroenteritis, speeding respiratory Tract transmittance, Lower Respiratory Tract Infection, Asthma, Pediatrics,List of Abbreviations historic period Acute GastroenteritisEMRO East Mediterranean regional OfficeIMCI Integrated Management of Childhood IllnesssKTH Kuwait teach HospitalLRTI Lower Respiratory Tract InfectionOPD Out Patient DepartmentPMC Peshawar medical examination CollegeRSV Respiratory Syncytial VirusURTI Upper Respiratory Tract InfectionWHO World Health OrganizationList of Tables, Graphs and designsTable 1 Entire figure of instances of select ed diseases for each twelvemonth of survey at Kuwait doctrine HospitalFigure Seasonal end of Acute Gastroenteritis ( AGE ) instancesFigure Seasonal tendency of instances with acute aggravation of asthmaFigure Seasonal tendency of instances with acute aggravation of URTIFigure Seasonal tendency of LRTI instancesBackgroundSeasonal fluctuation is a well- cognise public wellness property of human unwellness. It is of import from epidemiologic position point and serves as an index of etiologies other than primary causative cistron for a disease. Human immune responses, 1 , bacterial counts, 2, 3 , allergen denseness, exposure rates, 3, 4 and opportunity exposure, 5 are all seasonally determined. Bing able to phone seasonal fluctuation in any disease is, intelligibly, an assistance in index of intuition, diagnosing and above all aaAEmergency PreparednessaaA? and hang-up steps to incorporate disease.Outside primary concern, seasonal fluctuation has been documented in admitta nce rates to intensive attention units ( United Kingdom ) , 6, 7 visits to the exigency section ( United States ) , 8 and all-cause mortality ( United Kingdom ) , 9 . Published surveies show seasonal fluctuation in the diagnosing of ischemic bosom disease in general pattern ( United Kingdom ) , 10 and in the figure of visits to primary attention doctors ( Sweden ) . The Swedish survey, based on a 14-year observation period from 1969 to 1982, found that visits to primary attention doctors declined during July and August in relation to a diminution in diagnosings related to respiratory footpath infections, and that there were no appreciable differences for the remainder of the twelvemonth. Season specific unwellnesss, 11, 12, 13 and mortality rates, 13, 14 are now being used to find several(prenominal) wellness parametric quantities and resource allotment in wellness sector. This makes finding of seasonal fluctuation an of import public wellness step particularly in catc hing diseases.Although Pakistan is endemic for several catching diseases, yet we do non die hard sufficient informations to back up seasonal fluctuation for common primary attention jobs in our population. Bing a state that faces one of the highest under 5 mortality rates in the WHO-EMRO part, we carry the duty of sensing and certification of baseline informations for earmark intercessions in paediatric unwellness. From a public wellness position, the current survey will assist us place the demand for intercession and formulate schemes on a larger graduated table to cut down under 5 yr. morbidity and mortality rates in our population. Present survey is a Pilot design to look into the seasonal fluctuation of common paediatric wellness jobs showing to a primary attention OPD in a metropolis of Pakistan.AimsTo observe and document seasonal tendencies in paediatric unwellnesss with highest morbidity and mortality rates in our state, viz. , acute stomach flu, asthma, URTI and LRTI in K uwait Teaching Hospital OPD, from 2006-2008.MethodologyPresent survey is a retrospective descriptive analysis of an bing database at paediatric OPD at Kuwait Teaching Hospital, KTH, Peshawar. Kuwait Teaching Hospital is an affiliate of Peshawar Medical College, an commissioned establishment of medical instruction.Pediatric OPD at KTH is of moderate volume with 60-80 OPD visits per twenty-four hours by kids belonging to middle to upset socioeconomic category signifier the environing Jamrud Road and Tehkal country. Patients are largely cultural Afghans and Pashtuns. PMC Pediatrics is a well-equipped unit with inpatient bed strength of 35 beds and 5 neonatal isolates. It is staffed by 3 advisers 6 medical officers and 7 paediatric nurses.Study was approved by PMC Institutional Ethical Committee and informations aggregation was performed on site in KTH. Data was extracted from OPD and ward registries and patient medical records for admitted patients for old ages 2006, 2007 and 2008. Re search workers met hebdomadal during informations extraction and informations entry trot and discussed jobs for common declaration.Operational definitions used were standard WHO/IMCI definitions. Acute Gastroenteritis was a kid less than 5 old ages age showing with history of increased frequence and reduced physical structure of stool over past 24 hours with or without febrility and emesis. Upper Respiratory Tract Infection was child less than 5 old ages age showing with acute ear aching, sore pharynx, tonsillitis, spasmodic laryngitis or epiglottitis with moderate to severe respiratory hurt category harmonizing to IMCI categorization, Lower Respiratory Tract Infection was a kid less than 5 old ages showing with respiratory hurt harmonizing to IMCI categorization and chest X-ray findings consistent with lobar or bronchial pneumonia. Acute Exacerbation of Asthma was presence of respiratory hurt and wheezing in a kid less than 5 old ages age who was known to hold reactive air passag es disease.Data was entered in Microsoft Excel 2007 and later analyzed for seasonal fluctuation. Graphs were constructed for each paediatric status under consideration and compared for consistence.ConsequencesA sum of 7209 patients were included in the survey reported in Kuwait Teaching Hospital OPD from January 2006 to celestial latitude 2008. Entire figure of instances reported for Acute Gastroenteritis, Upper Respiratory Tract Infections, Asthma and Lower Respiratory Tract Infections were 3129, 1527, 1599, and 954 severally. 72.80 % of instances of AGE were reported in the months of April, May, June, July, August and September ( summer ) as shown in Figure 1. Patients with acute aggravation asthma reported nearly in the month of April ( cringe ) ( 13.01 % ) and winter season. The Numberss of instances show a gradual addition from September to December ( winter ) ( 51.16 % ) as shown in figure 2. 61.36 % of instances of URTI were in the months of February, April, October, Novemb er and December. An addition in patient count was observed from the month of October to December ( 36.87 % of entire instances ) as shown in Figure 3. Extremums in the figure of patients reported for LRTI was observed in the months of April and July ( 15.93 % of entire ) and there was a gradual addition in patient count in winter months i.e. September, October, November, December and January ( 55.87 % of entire instances ) as shown in Figure 4.Year of StudyAcute GastroenteritisUpper Respiratory InfectionLower Respiratory InfectionAcute Exacerbation of Asthma20069334502884202007100751030954920081189567357630Entire312915279541599Table Entire figure of instances of selected diseases for each twelvemonth of survey at Kuwait Teaching HospitalFigure 1 Seasonal tendency of Acute Gastroenteritis ( AGE ) instancesFigure2 Seasonal tendency of instances with acute aggravation of asthmaFigure 3 Seasonal tendency of instances with acute aggravation of URTIFigure 4 Seasonal tendency of LRTI insta ncesDiscussionOur chief aim was to observe and document seasonal tendencies in paediatric unwellnesss with high morbidity and mortality rates in our state, viz. , acute stomach flu, Asthma, URTI and LRTI. Although seasonal tendencies of assorted wellness jobs have been studied by assorted research workers in Pakistan and other SAARC states. Areas of probe include childhood poisoning 15 and shot, 16 . Probe of seasonal tendencies of childhood unwellnesss in Pakistan has non been carried out to the authoraaa?s cognition.AGE exhibited a reasonably unvarying distribution form over the assorted old ages with regard to its seasonality. Higher sensing rate of AGE during the summer season may be explained due to assorted factors. First of all high temperature during this clip of the twelvemonth is thought to advance growing of morbific beings in the environment. 17 Furthermore, monsoon season causes a batch of strain on already unequal sewerage disposal system hence ensuing in a great er figure of incident instances. Particularly in the summers, the frequence of AGE towers above other paediatric diseases. The greater load of this disease exists in kids because of their under create immune system.Asthma showed a bimodal distribution with its first extremum in spring and 2nd extremum in winters. The consequences clearly show that nearly people seek medical attention for Asthma in spring and winter. The rise in admittance for Asthma in spring may hold been related to increasing tree and grass pollen counts. The oncoming of cold conditions has been shown to be related to symptoms of asthma 18, 19, 20 . The acquisition of viral infections, 21 the seasonal preponderance of fungous spores, 22, 23 and the fluctuation in the house dust mite population 24, 25 may lend. The clear seasonal fluctuation is consistent throughout our state, proposing that similar environmental trigger factors are responsible for arousing onslaughts.Our consequences showed an addition i n patient count with LRTI and URTI during the months of February, April, and July and in winter season in all the three old ages under survey. This may be due to the fact that people remain indoor(a)s during cold conditions. Due to shut partake in indoor environment, people, particularly kids, are more prone to acquire disease. The agents that cause LRTI are most frequently transmitted by droplet spread ensuing from close contact with a beginning instance. Contact with contaminated vehicles besides may be of import in the acquisition of viral agents, particularly RSV. Probably the somewhat fewer studies in summer were a manifestation of epidemic instead than seasonal fluctuation. For grounds that are unknown, different viruses cause extremums of infection at different measure during the respiratory virus season these extremums rarely occur at the same time 26 . Seasonal tendencies are complex phenomena that require elaborate surveies with quadruplicate samples from diverse pop ulation beginnings over long periods of clip to be able to foretell seasonality of disease. Therefore, farther surveies with bigger samples and over longer continuance of clip are required to foreground the phenomena better in our set up.DecisionA important seasonal fluctuation was observed in AGE, URTI, LRTI and Asthma. Summer received most instances of AGE. Most of the patients with Asthma were reported in spring and winter. A important addition in patient count with URTI was observed in winter and spring in all the three old ages. Most of the patients with LRTI were observed in winter and in the months of April and July. Further surveies with bigger samples and over longer continuance of clip are required to foreground this phenomena better.

Chapter 13 Mad-eye Moody

The storm had blown itself out by the following morning, though the ceiling in the Great Hall was still gloomy forbidding clouds of pewter gray swirled overhead as Harry, Ron, and Hermione examined their new course schedules at breakfast. A a couple of(prenominal) seats along, Fred, George, and Lee Jordan were discussing magical methods of aging themselves and bluffing their way into the Triwizard Tournament.Todays non mentally illoutside all morning, express Ron, who was running his finger down the Monday column of his schedule. Herbology with the Hufflepuffs and Care of Magical Creaturesdamn it, were still with the Slytherins.Double Divination this afternoon, Harry groaned, sounding down. Divination was his least favorite subject, apart from Potions. professor Trelawney kept predicting Harrys death, which he found extremely annoying.You should have go byn it up like me, shouldnt you? tell Hermione briskly, only iftering herself whatever toast. Then youd be doing some iss ue sensible like Arithmancy.Youre eating again, I notice, say Ron, watching Hermione adding liberal amounts of jam to her toast too.Ive decided in that location are conk out ways of making a stand safe approximately elf rights, verbalise Hermione haughtily.Yeahand you were hungry, state Ron, grinning.There was a sudden rustling folie to a higher place them, and a hundred owls came soaring through the open windows carrying the morning mail. Instinctively, Harry looked up, but there was no sign of gabardine among the mass of brown and gray. The owls circled the tables, look for the people to whom their letters and packages were addressed. A large tawny owl soared down to Neville Longbottom and deposited a parcel into his lap Neville al well-nigh always forgot to pack something. On the former(a) side of the Hall Draco Malfoys eagle owl had landed on his shoulder, carrying what looked like his usual supply of sweets and cakes from home. Trying to ignore the sinking feeling o f mortification in his stomach, Harry re dour to his porridge. Was it possible that something had happened to Hedwig, and that Sirius hadnt make up got his letter?His preoccupation lasted all the way crossways the sodden vegetable patch until they arrived in greenhouse three, but here he was distracted by prof Sprout showing the class the ugliest plants Harry had ever seen. Indeed, they looked less like plants than thick, black, giant slugs, protruding vertically out of the soil. Each was squirming slightly and had a number of large, shiny swellings upon it, which appeared to be full of liquid.Bubotubers, prof Sprout t onetime(a) them briskly. They need squeezing. You volition collect the pus -The what? say Seamus Finnigan, sounding revolted.Pus, Finnigan, pus, utter professor Sprout, and its extremely valuable, so dont waste it. You will collect the pus, I say, in these bottles. Wear your dragon-hide gloves it can do funny things to the throw together when undiluted, bubotu ber pus.Squeezing the bubotubers was disgusting, but oddly sit downisfying. As each swelling was popped, a large amount of thick yellowish-green liquid burst forth, which smelled strongly of petrol. They caught it in the bottles as Professor Sprout had indicated, and by the abate of the lesson had collected several pints.Thisll keep Madam Pomfrey happy, said Professor Sprout, stoppering the last bottle with a cork. An excellent remediate for the more stubborn forms of acne, bubotuber pus. Should stop students resorting to desperate measures to rid themselves of pimples.Like poor Eloise Midgen, said Hannah Abbott, a Hufflepuff, in a hushed voice. She tried to curse hers absent. bonkers girl, said Professor Sprout, shaking her head. But Madam Pomfrey fixed her nose back on in the end.A booming bell echoed from the castle across the wet grounds, signaling the end of the lesson, and the class separated the Hufflepuffs climbing the stone steps for Transfiguration, and the Gryffindors heading in the other direction, down the sloping lawn toward Hagrids small wooden cabin, which stood on the edge of the Forbidden Forest.Hagrid was standing outside his hut, one hand on the collar of his enormous black boarhound, Fang. There were several open wooden crates on the ground at his feet, and Fang was whimpering and straining at his collar, apparently keen to investigate the contents more closely. As they drew nearer, an odd rattling noise reached their ears, punctuated by what sounded like minor explosions.Mornin Hagrid said, grinning at Harry, Ron, and Hermione. Beer wait fer the Slytherins, they won require ter miss this Blast-Ended SkrewtsCome again? said Ron.Hagrid pointed down into the crates.Eurgh squealed chromatic Brown, jumping backward.Eurgh unspoilt about summed up the Blast-Ended Skrewts in Harrys opinion. They looked like deformed, shell-less lobsters, horribly pale and slimy-looking, with legs sticking out in in truth odd places and no visible heads. T here were about a hundred of them in each crate, each about six inches long, crawling over one another, bumping blindly into the sides of the boxes. They were giving off a rattling powerful smell of rotting fish. Every like a shot and then, sparks would fly out of the end of a skrewt, and with a small phut, it would be propelled advancing several inches.Ony jus hatched, said Hagrid proudly, so yehll be able ter raise em yerselves Thought wed make a bit of a project of itAnd why would we compliments to raise them? said a cold voice.The Slytherins had arrived. The speaker was Draco Malfoy. Crabbe and Goyle were chuckling appreciatively at his words.Hagrid looked stumped at the question.I mean, what do they do? asked Malfoy. What is the point of them?Hagrid opened his mouth, apparently thinking hard there was a few seconds pause, then he said roughly, Thas next lesson, Malfoy. Yer jus feedin em today. Now, yehll wan ter try em on a few diffrent things Ive never had em before, not sure what theyll go fer I got ant eggs an frog livers an a bit o grass snake just try em out with a bit of each.First pus and now this, muttered Seamus.Nothing but deep alludeion for Hagrid could have do Harry, Ron, and Hermione pick up squelchy handfuls of frog liver and lower them into the crates to tempt the Blast-Ended Skrewts. Harry couldnt suppress the qualm that the whole thing was entirely pointless, because the skrewts didnt seem to have mouths.Ouch yelled Dean Thomas after about ten minutes. It got me.Hagrid hurried over to him, looking anxious.Its end exploded said Dean angrily, showing Hagrid a burn on his hand.Ah, yeah, that can happen when they blast off, said Hagrid, nodding.Eurgh said Lavender Brown again. Eurgh, Hagrid, whats that pointy thing on it?Ah, some of em have got stings, said Hagrid enthusiastically (Lavender quickly withdrew her hand from the box). I reckon theyre the males.The femalesve got sorta soak uper things on their bellies.I think they might be ter suck blood.Well, I can certainly see why were trying to keep them alive, said Malfoy sarcastically. Who wouldnt want pets that can burn, sting, and bite all at once? honest because theyre not very pretty, it doesnt mean theyre not useful, Hermione snapped. Dragon bloods amazingly magical, but you wouldnt want a dragon for a pet, would you?Harry and Ron grinned at Hagrid, who gave them a sneak(prenominal) smile from behind his bushy beard. Hagrid would have liked nothing better than a pet dragon, as Harry, Ron, and Hermione knew only too well he had own one for a brief period during their first year, a vicious Norwegian Ridgeback by the name of Norbert. Hagrid simply loved monstrous creatures, the more lethal, the better.Well, at least the skrewts are small, said Ron as they make their way back up to the castle for lunch an hour later.They are now, said Hermione in an anger voice, but once Hagrids found out what they eat, I expect theyll be six feet long.Well, that wont t hing if they turn out to cure seasickness or something, will it? said Ron, grinning slyly at her.You know perfectly well I only said that to shut Malfoy up, said Hermione. As a matter of fact I think hes right. The best thing to do would be to stamp on the lot of them before they start attacking us all.They sit down at the Gryffindor table and helped themselves to lamb chops and potatoes. Hermione began to eat so fast that Harry and Ron stared at her.Er is this the new stand on elf rights? said Ron. Youre going to make yourself puke instead?No, said Hermione, with as much dignity as she could muster with her mouth bulging with sprouts. I just want to get to the library.What? said Ron in disbelief. Hermione its the first day back We havent even got cookery yetHermione shrugged and continued to shovel down her food as though she had not eaten for days. Then she leapt to her feet, said, See you at dinner and departed at high speed.When the bell rang to signal the start of afternoon lessons, Harry and Ron set off for North Tower where, at the top of a tightly spiraling staircase, a silver stepladder led to a circular trapdoor in the ceiling, and the direction where Professor Trelawney lived.The familiar sweet perfume spreading from the fire met their nostrils as they emerged at the top of the stepladder. As ever, the curtains were all closed the circular room was bathed in a dim reddish light cast by the many lamps, which were all draped with scarves and shawls. Harry and Ron walked through the mass of occupied chintz chairs and poufs that cluttered the room, and sat down at the same small circular table.Good day, said the misty voice of Professor Trelawney right behind Harry, making him jump.A very thin woman with enormous glasses that made her eye appear far too large for her face, Professor Trelawney was peering down at Harry with the tragic expression she always wore whenever she saw him. The usual large amount of beads, chains, and bangles glittered upon her person in the firelight.You are preoccupied, my dear, she said mournfully to Harry. My inner eye sees past your stout face to the troubled soul within. And I regret to say that your worries are not baseless. I see difficult times ahead for you, alasmost difficultI fear the thing you dread will indeed come to pass.and perhaps sooner than you thinkHer voice dropped almost to a whisper. Ron rolled his eyes at Harry, who looked stonily back. Professor Trelawney swept past them and seated herself in a large winged armchair before the fire, facing the class. Lavender Brown and Parvati Patil, who deeply admired Professor Trelawney, were sitting on poufs very close to her.My dears, it is time for us to consider the stars, she said. The movements of the planets and the mysterious portents they reveal only to those who run into the steps of the celestial dance. Human destiny may be deciphered by the planetary rays, which intermingle.But Harrys thoughts had drifted. The perfumed fire alw ays made him feel sleepy and sulky-witted, and Professor Trelawneys rambling talks on fortune-telling never held him exactly spellbound though he couldnt help thinking about what she had just said to him. I fear the thing you dread will indeed come to passBut Hermione was right, Harry thought irritably, Professor Trelawney real was an old fraud. He wasnt dreading anything at the moment at allwell, unless you counted his fears that Sirius had been caughtbut what did Professor Trelawney know? He had long since come to the conclusion that her brand of fortunetelling was really no more than lucky guesswork and a spooky manner.Except, of course, for that time at the end of last term, when she had made the prediction about Voldemort rising againand Dumbledore himself had said that he thought that trance had been genuine, when Harry had described it to him.Harry Ron muttered.What?Harry looked around the whole class was staring at him. He sat up straight he had been almost dozing off, lo st in the heat and his thoughts.I was saying, my dear, that you were clearly born under the baleful influence of Saturn, said Professor Trelawney, a faint note of resentment in her voice at the fact that he had obviously not been hanging on her words.Born under what, meritless? said Harry.Saturn, dear, the planet Saturn said Professor Trelawney, sounding definitely irritated that he wasnt riveted by this news. I was saying that Saturn was surely in a coiffe of power in the heavens at the moment of your birth.Your dark hairyour mean staturetragic losses so young in lifeI think I am right in saying, my dear, that you were born in midwinter?No, said Harry, I was born in July.Ron hastily turned his laugh into a hacking cough.Half an hour later, each of them had been given a complicated circular chart, and was attempting to fill in the position of the planets at their moment of birth. It was dull work, requiring much consultation of timetables and calculation of angles.Ive got two Nep tunes here, said Harry after a while, frowning down at his piece of parchment, that cant be right, can it?Aaaaah, said Ron, imitating Professor Trelawneys mystical whisper, when two Neptunes appear in the sky, it is a sure sign that a midget in glasses is being born, Harry.Seamus and Dean, who were work nearby, sniggered loudly, though not loudly enough to mask the excited squeals from Lavender Brown Oh Professor, look I think Ive got an unaspected planet Oooh, which ones that, Professor?It is Uranus, my dear, said Professor Trelawney, peering down at the chart.Can I have a look at Uranus too, Lavender? said Ron.Most unfortunately, Professor Trelawney heard him, and it was this, perhaps, that made her give them so much homework at the end of the class.A detailed analysis of the way the planetary movements in the coming month will affect you, with reference to your personal chart, she snapped, sounding much more like Professor McGonagall than her usual airy-fairy self. I want it re ady to hand in next Monday, and no excusesMiserable old bat, said Ron bitterly as they joined the drives descending the staircases back to the Great Hall and dinner. Thatll take all weekend, that willLots of homework? said Hermione brightly, catching up with them. Professor Vector didnt give us any at allWell, bully for Professor Vector, said Ron moodily.They reached the entrance hall, which was packed with people queuing for dinner. They had just joined the end of the line, when a loud voice rang out behind them.Weasley Hey, WeasleyHarry, Ron, and Hermione turned. Malfoy, Crabbe, and Goyle were standing there, each looking thoroughly pleased about something.What? said Ron shortly.Your dads in the paper, Weasley said Malfoy, brandishing a copy of the Daily Prophet and speaking very loudly, so that everyone in the packed entrance hall could hear. see to thisFURTHER MISTAKES AT THE MINISTRY OF MAGIC It seems as though the Ministry of Magics troubles are not yet at an end, writes Ri ta Skeeter, Special Correspondent. Recently under fire for its poor crowd control at the Quidditch World Cup, and still unable to account for the disappearance of one of its witches, the Ministry was plunged into fresh embarrassment yesterday by the antics of Arnold Weasley, of the Misuse of Muggle Artifacts Office. Malfoy looked up.Imagine them not even getting his name right, Weasley. Its almost as though hes a complete nonentity, isnt it? he crowed.Everyone in the entrance hall was listening now. Malfoy straightened the paper with a flourish and read onArnold Weasley, who was charged with possession of a flying car two years ago, was yesterday involved in a rough-and-tumble with several Muggle law-keepers (policemen) over a number of highly aggressive dustbins. Mr. Weasley appears to have rushed to the aid of Mad-Eye dingy, the aged ex-Auror who retired from the Ministry when no longer able to tell the disparity between a handshake and attempted murder. Unsurprisingly, Mr. Wea sley found, upon arrival at Mr. falses heavily guarded house, that Mr. Moody had once again raised a false alarm. Mr. Weasley was obligate to modify several memories before he could escape from the policemen, but refused to answer Daily Prophet questions about why he had involved the Ministry in much(prenominal) an undignified and potentially embarrassing scene. And theres a picture, Weasley said Malfoy, flipping the paper over and holding it up. A picture of your parents outside their house if you can call it a house Your mother could do with losing a bit of weight, couldnt she?Ron was shaking with fury. Everyone was staring at him.Get stuffed, Malfoy, said Harry. Cmon, RonOh yeah, you were staying with them this summer, werent you, Potter? sneered Malfoy. So tell me, is his mother really that porky, or is it just the picture?You know your mother, Malfoy? said Harry both he and Hermione had grabbed the back of Rons robes to stop him from launching himself at Malfoy that expre ssion shes got, like shes got fertilise under her nose? Has she always looked like that, or was it just because you were with her?Malfoys pale face went slightly pink.Dont you dare insult my mother, Potter.Keep your fat mouth shut, then, said Harry, turning away.BANGSeveral people screamed Harry felt something white-hot graze the side of his face he plunged his hand into his robes for his billystick, but before hed even touched it, he heard a second loud BANG, and a roar that echoed through the entrance hall.OH NO YOU DONT, LADDIEHarry spun around. Professor Moody was limping down the marble staircase. His wand was out and it was pointing right at a pure white ferret, which was shivering on the stone-flagged floor, exactly where Malfoy had been standing.There was a terrified silence in the entrance hall. Nobody but Moody was moving a muscle. Moody turned to look at Harry at least, his normal eye was looking at Harry the other one was pointing into the back of his head.Did he ge t you? Moody growled. His voice was low and gravelly.No, said Harry, missed. cave in IT Moody shouted.Leave what? Harry said, bewildered.Not you him Moody growled, jerking his thumb over his shoulder at Crabbe, who had just frozen, about to pick up the white ferret. It seemed that Moodys rolling eye was magical and could see out of the back of his head.Moody started to limp toward Crabbe, Goyle, and the ferret, which gave a terrified squeak and took off, streaking toward the dungeons.I dont think so roared Moody, pointing his wand at the ferret again it flew ten feet into the air, fell with a smack to the floor, and then bounced upward once more.I dont like people who attack when their opponents backs turned, growled Moody as the ferret bounced higher and higher, squealing in pain. Stinking, cowardly, scummy thing to doThe ferret flew through the air, its legs and tail flailing helplessly.Never do that again - said Moody, speaking each word as the ferret hit the stone floor an d bounced upward again.Professor Moody said a shocked voice.Professor McGonagall was coming down the marble staircase with her arms full of books.Hello, Professor McGonagall, said Moody calmly, bouncing the ferret still higher.What what are you doing? said Professor McGonagall, her eyes following the bouncing ferrets progress through the air.Teaching, said Moody.Teach Moody, is that a student? shrieked Professor McGonagall, the books spilling out of her arms.Yep, said Moody.No cried Professor McGonagall, running down the stairs and pulling out her wand a moment later, with a loud snapping noise, Draco Malfoy had reappeared, lying in a flock on the floor with his sleek blond hair all over his now brilliantly pink face. He got to his feet, wincing.Moody, we never use Transfiguration as a punishment said Professor McGonagall wealdy. Surely Professor Dumbledore told you that?He mightve mentioned it, yeah, said Moody, scratching his chin unconcernedly, but I thought a secure sharp sh ock -We give detentions, Moody Or speak to the offenders Head of HouseIll do that, then, said Moody, staring at Malfoy with great dislike.Malfoy, whose pale eyes were still watering with pain and humiliation, looked malevolently up at Moody and muttered something in which the words my father were distinguishable.Oh yeah? said Moody quietly, limping forward a few steps, the dull clunk of his wooden leg echoing around the hall. Well, I know your father of old, boy.You tell him Moodys keeping a close eye on his sonyou tell him that from me.Now, your Head of Housell be Snape, will it?Yes, said Malfoy resentfully.Another old friend, growled Moody. Ive been looking forward to a maunder with old Snape.Come on, youAnd he seized Malfoys upper arm and marched him off toward the dungeons.Professor McGonagall stared anxiously after them for a few moments, then waved her wand at her fallen books, make them to soar up into the air and back into her arms.Dont talk to me, Ron said quietly to Harr y and Hermione as they sat down at the Gryffindor table a few minutes later, surrounded by excited talk on all sides about what had just happened.Why not? said Hermione in surprise.Because I want to fix that in my memory forever, said Ron, his eyes closed and an uplifted expression on his face. Draco Malfoy, the amazing bouncing ferret.Harry and Hermione both laughed, and Hermione began doling recoil casserole onto each of their plates.He could have really hurt Malfoy, though, she said. It was good, really, that Professor McGonagall stopped it -Hermione said Ron furiously, his eyes snapping open again, youre ruining the best moment of my lifeHermione made an impatient noise and began to eat at top speed again.Dont tell me youre going back to the library this evening? said Harry, watching her.Got to, said Hermione thickly. lade to do.But you told us Professor Vector -Its not schoolwork, she said. Within five minutes, she had cleared her plate and departed. No sooner had she gone th an her seat was taken by Fred Weasley.Moody he said. How cool is he?Beyond cool, said George, sitting down opposite Fred.Supercool, said the twins best friend, Lee Jordan, sliding into the seat beside George. We had him this afternoon, he told Harry and Ron.What was it like? said Harry eagerly.Fred, George, and Lee exchanged looks full of meaning.Never had a lesson like it, said Fred.He knows, man, said Lee.Knows what? said Ron, angle of inclination forward.Knows what its like to be out there doing it, said George impressively.Doing what? said Harry.Fighting the Dark Arts, said Fred.Hes seen it all, said George.Mazing, said Lee.Ron dived into his bag for his schedule.We havent got him till Thursday he said in a disappointed voice.

Nike Inc. Business Executive Essay

Nike, Inc. is the worlds leading designer, marketer and distri saveor of totally different types of acrobatic footwear, apparel, equipment and accessories for a wide range of sports as well as fitness activities. As far as the locations of where Nike, Inc. sells and distributes, the beau monde licenses its products in approximately oer 200 countries somewhat the globe, tensioning its products under vii different key categories including running, basketball, football, soccer, mens and womens training, Nike sportswear, and secondary Affiliate stations (Converse, Inc., Hurley International LLC, Jordan Brand, and Nike golf). Currently, Nike, Inc. is operating segments in over six different global locations including join America, Western Europe,Central Europe, Eastern Europe, China, and other emerging markets. As far as Nike consumer products go, Nike operates as a society that specifically specializes in fast footprint industries concerning various different types of athletic footwear, garment, and equipment.Right this instant, this application is right on point in its competitiveness, exposing Nike to the risk of falling behind to its competitors or by non meeting the take aiming innovation standards that are demanded by customers. In swan for Nike to stay on top of customer demand, the union must continue to revolutionize and call in consumer preferences. Other companies that are in this constancy such as Adidas and Reebok rely on a strong reputation and yeasty brand images in order to obtain worldwide recognition. If, in the rare occurrence, Nike, Inc. was to attract any negative publicity through the press, it would substantially affect the companys revenue as well as growth rates. As far as Nikes strategy goes, it is shooting to achieve a long-term revenue growth by creating various different types of innovative, must have products that volition build a deep personal connection with its consumers. As far as Nikes brands go, the company st rives to deliver compelling consumer experiences through not nevertheless retail stores, but online avenues as well. Being the global leader in athletic sportswear, Nike is no long-acting considered a stranger to the increasingly distinctive and unstable environment of the global economy that has been experienced through recent years.All of Nikes products have now been subject to the risks that have been associated with overseas outsourcing as well as manufacturing and financing. In lieu of the decline of global capital and credit market conditions that have been dark to Nikes business, Nike stands strong in remaining focused on its business strategy, and the company continues to expand long-term growth for its stakeholders. One may wonder precisely how Nike plans to do this in a variety of difficult conditions. The answer is innovation. Innovation and constant improvement at Nike is all nigh how the company lalwaysages its smart ideas and expands them into new parts of the wo rld by driving through barriers and in short, thinking outside of the box. Disregarding the ongoing challenges the harsh economy throws Nikes way, somehow the company is mum able to continue delivering a record revenue in the fiscal year of 2012, continuing to outperform its by five fiscal years. Nikes revenues had gr own from 16% to $24.1 billion and net income has increased by 4% to$2.2 billion in fiscal 2012.Looking back at Nikes previous(prenominal) quartette fiscal years, the company has continued to deliver a positive return on net income despite universe subject to the economys unstable tax and currency rates. As menti unitaryd previously, in fiscal year 2012, Nikes revenues increased among all operating segments, specifically North America, contributed to over 7%, while other emerging markets as well as China contributed completely 4%. Provided with the information, it is now visible how the brand Nike, Inc. continues to be the powerhouse of revenues by generating $13.4 billion alone. Throughout the years, Nike continually invests into innovative strategies the company believes get out continually raise annual growth. As a result of the companys optimism, in 2012 Nike signed an agreement to sell both of its affiliate brands Umbro and Cole Haan. Despite Nike parting ways with these two developed brands, that action now enabled the company to focus on the highest possible opportunities to drive a maintainable, profitable growth margin for its shareholders.With the provided information above, it is clear to see exactly what a powerhouse Nike, Inc. is when it comes to athletic sportswear. Although this education is correct, the interworkings of the company are much more complicated than they seem and more importantly, Nike still has plenty of room for work and improvement. From an operations analysis standpoint, this paper will include specifically how Nike is an effective company. Specifically the main topics will include products and services, o perations and centering, alignment of operations, business strategy, and finally just a brief compact of allthing and recommendations that are hypothesized to make Nike a better company.History (Robert Leoniy)The two men that started this athletic powerhouse were extremum Bowerman and Phil Knight. Bill Bowerman was a nationally recognized data track and field coach at the University of Oregon and Phil Knight was a talented middle-distance runner who ran for Bill Bowermans team in the Fall of 1955 at the University of Oregon. in the midst of 1950-1959 is where eitherthing all started.In 1964, the first deal for Nike had been made. At that time Nike had not been called Nike. It had gone by the name of Blue Ribbon Sports. The first deal was on a mutual handshake, $500, and mutual trust between both partnersand the first order of 300 shoes was put in January 1964. Between 1970-1979, the birth of the Nike Brand had emerged. Around 1971, the company decided to expand being just a footwear distributor to designing and selling an original line of shoes. Carolyn Davidson, a in writing(p) design student at Portland State University, selected and made the brand mark known today as the lap up in January of 1972. The logo was then unveil at the U.S. Track and Field Trials in Eugene, Oregon. They then needed an athlete to promote Nike. They chose Mr. Steve Prefontaine, a young man who was a track athlete from the minute coastal town of Coos Bay, Oregon. He also challenged Knight and Bowermann to become more and more creative.He died tragically in 1975 at the age of 24, but is still considered by Phillip Knight as the soul of Nike. Since the 80s, Nike has continued to grow and become an innovative company in the athletic industry. Phillip H. Knight is still the Chairman of the get along of Directors while Mr. Mark Parker is the current President & Chief Executive Officer of Nike, Inc. They have grown immensely from just footwear and will continue to do so through innovation.Mission/ Business outline (Brian Frederick)Nikes Mission, as stated on its website is, To bring inspiration and innovation to every athlete* in the world (Nike.com). The asterisk that goes next to athlete in the mission and on the bottom of the mission statement signifies, If you have a body, you are an athlete (Nike.com). Bill Bowerman, co-owner of Nike, is the one who formed this quote. This is a smart marketing and business strategy for Nike Inc. because some people might not life that they are athletes if they have not played sports or anything of that nature. It can be a boost of confidence for those people that do not consider themselves to be athletic. It also can be sense of motivation and that start that they need to become active. If a well-known athletic brand deal Nike Inc. tells consumers that everyone is an athlete, then people will get actuate and want to live a healthier more athletic lifestyle.Also, when people live a healthier and more athletic lif estyle, it helps Nike, Inc. become more and more successful. Nike is all close to athletic apparel. They range from athletic clothing to athletic shoes to athletic accessories, etc. They have a Nike Sector for al about every sport. They have Nike Football, Nike Basketball, Nike Soccer, Nike Golf, NikeRunning, Nike BASEBALL, Nike Sportswear, Nike Womens, and many more. Nike indeed caters to every different kind of athlete. That is part of the reason why Nike does so well. They are an extremely diversified company in terms of the athletic market. They cover all ranges making them attractive to all kinds of people.Although the company has many different avenues, Nike Inc. is most famous for their shoes. When you think of Nike, you think of the swoosh symbol and their shoes. The two most popular types of shoes are their running shoes and their basketball shoes. They definitely have created the most revenue and have been the most successful sector inwardly Nike Inc. over the years. Th ese shoes, especially the basketball shoes, have a lot of celebrity endorsements. Professional basketball players, like Lebron James, have their own shoe lines. People wait in line for hours to get these special edition shoes. While considering basketball players with their own shoe lines, it is relevant to mention how Nike differentiates itself by retaining some wholly owned affiliates. Converse, Inc., Hurley International, LLC. and Nike Golf are all affiliated with Nike, Inc. As of the first quarter for 2014, Converse is recorded separately while Nike Golf and Hurley International are included in the overall financial statements for Nike. Continuing from the statements above, Nike owns Jordan Brand.Jordan Brand was created by Michael Jordan, who is said to be the best basketball player that has ever lived and played the game. Signing Michael Jordan to his own brand of Nike basketball shoes did wonders for Nike. The celebrity endorsement has lead to great exposure for the company. Because of Michael Jordan having his own Nike brand, the basketball shoes sector of Nike grew a tremendous touchstone. While Nike has the swoosh symbol that is very well know, Air Jordan has the jump man symbol that has become very popular. It is almost as recognizable as the swoosh symbol. With Jordan Brand, Michael Jordan has been able to gain many basketball superstars and give them their own shoe lines. This has been something that has been very popular for Nike in the past and this opinion seems it will continue to become more and more successful. Jordan Brand already has superstars like Kevin Durant, Kobe Bryant, Carmelo Anthony, and Lebron James with broad-fledged lines of basketball shoes and the list will only grow. Nikes main goal has been its ability to developand mature.They have always been innovative in the athletic department. They are always developing new kinds of athletic materials whether it is a new kind of shoe, a better shirt, or a new accessory. All of thei r products are developed and made with the idea of optimizing each and every athletes performance. The company tries to help an average athlete feel that he or she can make it to the next level if he or she requires Nike products. Nike ties in its business strategy of optimizing athletic performance with its marketing tactics by doing this. Not everyone is a super-athlete, but if Nike can help a consumer feel that he will be the best athlete possible and perform his best while using Nike products. Also, on its website Nike has an article titled Our Sustainable Strategy with the subtitle The game has changed, forever. It states, Our vision is to build a sustainable business and create value for Nike and our stakeholders by decouping profitable growth from constrained resources (Nike.com). They have interpreted this strategy and will apply it with much research. Because they have sustainable strategy, that does not mean that Nike will not continue to be innovative. They will continue sustainable innovation where the company will improve its products that it has, but will also continue to make newer and better products.SWOT Analysis (Brian Frederick)An article on valueline.com, shows a SWOT report of Nike, Inc. The article is titled NIKEA Short SWOT Analysis and was written by Justin Hellman on March 10, 2014.The first strength talked about in the chart was talked about earlier when talking about Nikes business strategy. That strength is product innovation. The article states, Nike has a long tradition of staying onward of the technology curve, which has helped it attract loyal followers and influential endorsements from professional athletes, from Michael Jordan to Tiger Woods (Hellman split 3). Like stated before, Nike continues to improve their products to help athletes all over the world perform to their best abilities while have major superstars endorse their products. The second strength is strong cash flow. Nike often has a good core of cash on hand wh ich can help itself a lot when it wants to buy back stock and increase its stock price. Justin also stated, The company generates a lotof free cash flow, a good portion of which it uses to enhance shareholder value, and later states, in that respects ample cash, in the meantime, for NIKE to maintain a astronomic R&D budget (Hellman carve up 4).Nike has a lot of cash to increase the stocks value but it also uses that gold to help continue its innovation procedures. Nikes only real big weakness is its high advertising costs. Justin states, Part of the companys marketing strategy involves locking up major sports stars in lengthy endorsement deals (Hellman Paragraph 4). All of the major celebrities that NIKE endorses do take a hefty amount of their revenues to pay. Their advertising expenses are high because of the major celebrities but Nike shows that the feel spending the extra money on those celebrities helps them out in the overall scheme of things. Justin Hellman states two maj or opportunities for Nike also. He states that there are favorable industry trends, direct to consumer, and emerging market growth. Two major things play into the favorable industry trends prospect. Consumers now have a desire for, minimalist footwear where they want the lightest shoe possible which also links to the increased popularity of running (Hellman Paragraph 5).There is also an increase in the want for fashion in the athletic apparel industry and Nike already has a very well developed logo to go with its name. The next opportunity is direct to consumer (Hellman Paragraph 6). Ecommerce is a major factor in this opportunity and is expected to multiply by almost four times going from $540 million to $2 billion. Also, At present there are over 750 retail units worldwide, including over 300 in the United States (Hellman Paragraph 6). While there are already 750 retail units worldwide, Nike is planning on expanding that number in the future. The other opportunity is emerging mar ket growth (Hellman Paragraph 7). China is definitely a key opportunity that Nike would like to enter. Hellman states, But China, with its huge population and emerging middle class, still represents and excellent long-range opportunity for the company (Hellman Paragraph 7). Nike might not emerge in China just yet but, if it can, that would be a great boost to Nike profits. Also, Justin talks about how Brazil presents a great opportunity with its large population and passion for sports. Finally, there were two major threats stated and those were heightened disputation and product cost pretension (Hellman Paragraphs 8 & 9).In recent years, companies have increased the quality of their products and such. There havealso been more companies that have been created and have given good competition to NIKE. The most notable company has been Under Armour that went public in 2005. The price of materials has also increased since the beginning of NIKE and seems that it will continue to increas e. Rising crank material costs are apt to be a long-term headwind, with the developing world continuing to use up more commodities. Labor swelling will likely be an issue too (Hellman Paragraph 9). As the prices and costs to make the products of Nike, Inc., increases so will the price of the products Nike provides. Overall, Nike still seems to be a company that will be successful in the future. Most of the strengths and opportunities seem to outweigh the weaknesses and threats. The threats that Nike, Inc. has might damper the profits of the company a little but not anything too significant. Also, with the problems of inflation and increased competition, Nike is not alone in the fact that all companies have to deal with all of those factors also. Nike, Inc. will still be a competitive force and can still be a leader in the athletic industry. Company Operations (Catherine Aloise)Because Nike is such a large and complex company, the operations that go with the day-to-day and long-ter m operations are extensive and multifaceted. The operations dole outment strategy decisions that are generalized for every company can be applied to Nike just as well as any other company, but as stated above, each decision and feel to the strategy contains many parts that correlate to the vastness of the worldwide company.Competitively known for the array of sports equipment, the design of Nike products and services is crucial. Nike is known as a new-fashioned brand that appeals to the younger generation. A waltz through a busy night of exercise at Montclair States very own deflection center will show any passer-by how truly popular and trendy Nikes products really are. Good looks are not Nikes only concerns, fortunately. Through considered design, Nike is reducing waste throughout the design and manufacture of products by using environmentally ideal materials and removing toxins. Nike encourages its designers to make smart, sustainable choices at the start of the creative proce ss. Nike wants designers to choose to achieve design breakthroughs and reduce unwanted impacts through ways that are safe for the environment andsafe for consumers. This concept goes hand-in-hand with managing the quality of goods and services ( conniving Products 1).Furthermore, Nike is responsible for maintaining products that are of good value and quality to consumers. The company cannot buckle under to lose business on malfunctioning shoes because of manufacturing problems and product defects. In the sheath of a customer purchasing a product defect, he or she is directed to the website where he or she is able to return the product and then choose from a list of options including the approval of a full refund, Nike credit, or a complimentary product of equal value. Nike cannot mess around with customer approval like this which is why quality is valued with utmost regard within the company. If Nike was to lose its consumer base, Nikes top competitors like Asics, Reebok, and Adid as would sweep the market.Next, location and layout strategies are key in Nikes business strategy. These two business strategies have a lot to do with marketing. When speaking about layout, every shelf and hanger must be placed according to what appeases the customers eye when he or she walks into a Nike store. The placement of the register and the spacing of the displays in the store must also be selected strategically. If a customer walks into a store and feels cramped and crowded by the tightness of space to move around the store, he or she will not linger for too long when grazing through the store. NIKE employees must also consider the seating and dressing rooms for customers to try on clothing within the store. A businessman stopping by the Nike store in a nearby mall will not be seen hopping up and down on trying to maneuver the latest Nike free run onto his aching foot after a long day of work. He will not be seen as a fool in the presence of other customers and Nike employe es. This is why chairs must be placed near shoe displays and fitting rooms.Similarly, as businessmen may pass a Nike store in the mall neighboring the office park, corporate Nike employees must think about the location of each store. It is not wise to place a Nike store in a lower-class town that has a low average disposable income. People that reside in towns of this naturewill not be able to afford high-end Nike products and the store would flounder and eventually be closed down. It is wise, however, to build a store placed in an urban city such as New York City where there are many middle and upper class consumers bustling around on a daily basis. The same concept is applied on a national level. Nike is wise to sell lots of products and have many locations in the United States and England because countries like these are known to spend money on products Nike sells. Meanwhile, Nike would do well to reconsider the thought of expanding to third-world countries in Africa because inh abitants of these countries can barely afford water, let alone high-end exercise equipment.With all of the countries that are actually able to afford Nikes products, this leaves the company with more jobs to take care of, one being to keep track of the inventory. In early 2000, Nike had some major inventory management problems. The company lost around $100 million in gross revenue due to these issues. Fortunately, following this failure, Nike developed an improved inventory management solution to solve their problems rapidly. In 2001, Nike implemented a modernized version of their inventory management software. Based on historical sales data of different products, and based on some market growth estimates, Nike would first prepare a demand forecast for different families of products. This demand forecast is then used to determine optimal inventory levels, reorder points, material lead times etc. And the full(a) manufacturing plan for months is determined using these numbers produce d by the inventory management software (Nikes Inventory Management Solution).Computer systems that predict how to manage inventory must be maintained in a certain way so that problems and malfunctions do not arise. There are also ready reckoner systems used in human resources and scheduling. Error-prone human beings no longer make schedules. Fortunately, there are many options for companies large and small to use when pursuit software to create schedules. It is simple and mistakes are few to none. Like everything else, maintenance is required. Alignment of Operations with the Strategy (Catherine Aloise)As stated above, Nike has many ongoing operations within the company butonly one outlook and aim when selling products. Nike is selling a lifestyle. With advertisements on television, consumers get an image of an athletic, motivated government activity that will help each individual associated with Nike become a better person. This is a very important strategy because what Nike has a strategy to sell an impalpable item a lifestyle that makes people want to just do it. This is the design of goods and services. Once this image of Nike is sold to consumers, the physical products will sell themselves.In order for consumers to be on board and spend money on Nike products, the consumers must then fall in love with all the different avenues offered by Nike. This part of the operation can be seen in the layout strategy. If someone from the nearby country club is in a Nike store looking for golf clothing, he might come across a nice pair of biking shorts that would be great for the upcoming spring weather. Once the Nike biking section is in full view, the opportunities of purchases are endless. Summer is just around the corner so why not invest in a nice flattering pair of Nike limpid trunks as well? The five pounds gained from Easter dinner will just melt right off after all that biking and the trunks will fit like a glove. Once this innocent young man has left the store with his wallet considerably lighter, a small smile lingers on his face as he mutters the phrase just do it subconsciously under his breath as he walks to the car.This strategy is more common than one may think. The layout strategy can be seen in the short story above simply by the way a Nike store is set up and what catches a customers eye. The inventory management and design of goods and services go hand in hand with the expansion of athletic and sporting clothing offered by Nike and the innovation of currently existing products. Designers for Nike are always looking for new, innovative ideas to put on the market like the Nike+ fitness application unattached for smart phones. This application was once just a gleam in the eye of a Nike Designer before it went viral in the iTunes store. The application symbolise individual runs, tracks progress, and get the motivation needed to keep going. The Nike+ Running app tracks distance, pace, time and calories burned with GPS, and g ives audio feedback during a run. Users can automatically upload to nikeplus.com to see past runs, including routes, elevation and NikeFuel(Join Me on Nike+). Summary/Recommendations (Collaborative)Nike, Inc. is definitely one of the most successful athletic companies in its market and industry today. The company continues to be the industry leader and does not seem to be slowing down. If there were to be any recommendations, it would have to be to keep doing what they are doing and not to lose raft of innovation. If Nike continues to be inventive and groundbreaking and continues to introduce new products on a consistent basis, they should be able to maintain success in the market. Nike, Inc. seems to have all the right tools to do well in todays economy.Works Cited. . N.p., n.d. Web. 24 Apr. 2014. .Designing Products. NIKE, Inc. -. N.p., n.d. Web. . .Hellman, Justin. Research Hub. NIKE A Short SWOT Analysis. N.p., 2014. Web. 21 Apr. 2014. Nikes Inventory Management Solution. Ordor o Blog. N.p., n.d. Web. . . Nike. Just Do It. Nike.com. N.p., n.d. Web. 24 Apr. 2014. . Strategic Analysis of Nike, Inc. Strategic Analysis of Nike, Inc. N.p., n.d. Web. 24 Apr. 2014. .

Examinership, Receivership and Liquidation in Ireland

The collapse of the Irish economy has triggered a substantial increase in the recite of companies in Ireland which be being deemed insolvent and which atomic number 18 no yearlong in a position to continue operating as viable entities. This has caused the companies directors, creditors and sh beholders to seek remedies available under Irish law. The law in Ireland regarding companies in financial difficulties was originally set out by the Companies trifle 1963, which was amended in 1990, and then again in 1999.All cooperate entities must adhere to the principle set out under the Act and their individual memorandum of association and articles of association, which together constitute the constitution of a friendship. The principal remedies for dealing with insolvent companies atomic number 18 1. Examinership 2. Receivership 3. Liquidation. 1. The concept of examinership was introduced into Irish law by the Companies (Amendment) Act 1990. This legislation was enacted in order to provide companies which were in financial difficulties with the chance of recovering and on that pointby avoiding liquidation.An examinership is where the judicatory places a caller-up under its protection to enable a tribunal billed examiner to assess the affairs of a partnership and consider whether it is surefooted of survival, and if so, puts forward proposals that will facilitate that continuation of business. The motivation behind the creation of this legislation was the prevention of the collapse of the Goodman Group. The aim of this legislation was to avoid liquidation of companies with a chance of recovering from financial difficulties.Forde and Kennedy opine that the immediate objective and consequence of the protection created by this legislation is to provide the company or companies in examination with extensive immunity against its creditors and against claims being made against it. McCormack in his article Control and Corporate Rescue believes that this rol e was created as a response to changing policy-making and business dynamics in the l990s. The receiving systemship model was seen as being too creditor centred and as non being sufficiently responsive to the concerns of other s filmholders.The feeling at the time, McCormack opined, was that banks had pushed companies unnecessarily into insolvency by being unduly precipitate in the identification of manslayers. The original legislation has been criticised in numerous respects, and so has been amended signifi layabouttly by the CA 1999. Finlay CJ in the Supreme Court in Re Holidair Ltd, acknowledged the shortcomings of the legislation and held that it is appropriate to approach the construction of any sections in CA 1990 on the basis that the two objectives of the legislature were to provide a period of protection for a company and that a company should be continued as a going concern.The legislation was being used as a last attempt to save companies which were incapable of salva tion. As John ODonnell put it in his article Nursing the Corporate Patient Examinership and Certification under the Companies Act, 1990, for many, it has been a painful experience to learn that the Act is designed to help cure the mordant but groundwork non raise the dead. Keane notes that the granting of the examiner is discretionary. A courtroom whitethorn appoint an examiner where it appears that a) A company is or is likely to be unable to concede its debts (b) No resolution subsists for the winding-up of the company (c) No order has been made for the winding-up of the company. Because of the effects of an examiner on a company, one should not be appointed without a real prospect of survival. Lardner J in Re Atlantic Magnetics Ltd advocated a strict test for reasonable prospect of survival. He was overruled by the Supreme Court, in favour of a requirement of some prospect of survival.Prior to the revision of CA 1990, the leading authority on the test for the participation of an examiner was that SC decision in Re Atlantic Magnetics Ltd. The statutory revision of Section 2. 2 has effectively reversed that decision. The foregoing views are supported by the decision of the higher(prenominal) Court in Re Tuskar Resources plc, which was the first written decision on the appointment of an examiner since the changes effected by CA 1999 were commenced. McCracken J began by analysing the changes effected to the test for the appointment.He said the new test was more in keeping with the decision of Lardner J in the High Court than with the decision in the Supreme Court In re Atlantic MagneticFinlay CJ also stated that there cannot be an onus of establishment on a supplicateer to establish as involvement of probability that the company is capable of surviving as a going concern. It seems to me that this is no longer the position under the Act of 1999 by reason of the wording of the new sub-s 2(2). He refused to appoint an examiner as the petitioner had fa iled to discharge the onus of verification that there was a reasonable prospect of the survival of the company.Although all petitions to drop an Examiner appointed must be presented to the High Court, the HC may remit the matter to the Circuit Court under CA1990 Section 3. 9 where it appears that the total liabilities of the company, do not exceed 317,434. For the petition to be approved, the CA 1990 required a petition to have evidence of possibility of salvation but no detailed analysis of the companys situation was required. This is another criticism of that Act. The petition to have an examiner appointed and the grounding affidavit must be made uberrimae fides, that is, in the utmost of good belief.What was first decided by Costello J in Re Wogans (Drogheda) Ltd has now been given statutory force by Section 4a CA 1990. Where it is ascertained that the court has been misled, the entire application will be tainted. If this is discovered early in the proceedings, the examiner wi ll be discharged where the lack of good faith is sufficiently serious. However, a lack of candour and good faith will not always result in a refusal to confirm an examiners proposals, as seem in Re Selukwe Ltd. There are no particular qualification requirements for an examiner. They cant have been an officer of the company at heart the last 12 months.McCracken J held in Re Tuskar Resources plc that there was no bar on the person who provides the independent persons report from acting as examiner. The person appointed is entitled to court-fixed remuneration and to costs. He can employ staff to assist or may use company staff. Section 10 CA 1990 provides that any liabilities incurred during the protection period are deemed to be legit examiner expenses. These liabilities would include new borrowing. Forde and Kennedy explain that the reason why the examiner may certify liabilities is that there may otherwise be a danger that the companys survival as a going oncern may be prejudiced. Section 29 CA 1990 gave these liabilities and expenses priority over creditors where a scheme of arrangement was drawn up or a winding up ensued. This provision was one of the most criticised. It was deemed to subvert the whole lending care for, as secured creditors lost priority. This had the potential to severely prejudice these creditors should examinership fail. Prior to the enactment of the 1999 Act, the tariff of the examiner was to conduct an examination of the affairs of the company and report the results to the court within a specified period and to later present proposals and schemes of arrangement.Since the 1999 Act, that report is effectively replaced by the report of the independent accountant which must now accompany the petition. Accordingly, the duty of the examiner now is (a) To formulate proposals for a compromise or scheme of arrangement (b) To carry out such(prenominal) other duties as the court may direct him to carry out. The examiner must report to the cour t within 35 days informing then of any schemes formulated. If the court is then not satisfied, it can order the company be wound up as per Section 22 CA 1999. The examiner must meet with creditors and members to devise schemes of arrangement.The members and creditors are classed for the purpose of voting on schemes and these schemes are deemed to be accepted if the majority vote in favour from each class. Various classes can vote on the proposals, including the Revenue, etc. When these proposals go to the court, any creditor or member whose interests are impaired may be heard. If a party who was completely unaware of the proposed scheme can show that the examiner knew of his existence but failed to take reasonable steps to appraise him of the situation, he may possibly have a right of work on against the examiner for damages.The court will not approve the proposals unless at least one class of creditors impaired by the proposals vote in their favour. As to the developed content of the proposals, the only requirement regarding the proposals intrinsic merits are that of equality within classes. Proposals must be fair and equitable and not unfairly prejudicial. The court may propose modifications to schemes and these must be voted on if significant. 2. Receivership arises in the context of secured debenture holders and provides a framework in which they may act so as to compel their security interest.Forde and Kennedy observe that at times recipientship is used not simply as a means of reimbursing creditors but more as a imposture for reorganising insolvent companies, so as to salvage their viable parts for the benefit of those involved. Courtney notes that the term derives from the Latin recipiere to take. The receiver will go to the company and take control of those assets subject to the charge. They can then dispose of those assets and pay off the principal and interest due to the debenture holder.Receiverships involve two distinct relationships as per B arr J in Bula Ltd v Crowley First, that between the appointing mortgagee and the receiver which relates to the fundamental objective of the receivershipThe second relationship is that between the receiver and third parties arising out of the receivership The receiver is usually appointed by virtue of the debenture. The validity of the appointment of a receiver is dependent upon compliance with the terms contained in the debenture and the capacity of the company and authority of its officers to create the deb ab initio, that is, from the beginning.Courtney states that a creditor owes no special duty to a company in deciding whether or not to appoint a receiver. The fundamental issue for the debenture holder is whether or not the appointment will further their interests. However, where the appointment will not advance these interests, the appointment may be said to have been made in bad faith. The only qualifications that the law requires of receivers are negative, i. e. certain pers ons are barred from becoming receivers, such as undischarged bankrupts and persons connected to or related to persons within the company, as per Section 170 CA 1990.In Wise Finance Co Ltd the court held that a companys secretary was ineligible to act as that companys receiver. A receiver appointed by debenture can deliver with notice. The court also possesses an inherent power to appoint a receiver on application by a debenture holder. This occurs in instances where the debenture doesnt provide for an appointment in a particular situation which has arisen. A receiver appointed by the court has the status of an officer of the court and can only resign with the authority of the court.Ellis noted that receivers, irrespective of the method of their appointment, are regarded as being in a fiducial relationship with those who appointed them. A receiver is normally deemed to be the agent of the company by virtue of his appointment however, the receivers primary duty is to the debenture ho lder. The receiver owes a fiduciary duty to the debenture holder and must conduct his receivership in good faith. The receiver is liable to the debenture holder in damages if he is negligent.The receiver is liable to the company where he is negligent in the sale of any of the companys assets. Section 172 CA 1990 states that a receiver, in selling place of a company, shall exercise all reasonable care to obtain the best price reasonably obtainable for the property at the time of the sale. This gave statutory effect to the law in Ireland that a receiver should be required to ensure that he got the best price for an asset, even if a much littler sum would realise his security, as accepted in Ireland in Lambert v Donnelly and McGowan v Gannon.It was observed by McCracken J in Ruby position Company Ltd that this is simply a statutory acknowledgement of the position at common law. A receiver cant be appointed after(prenominal) appointment of an examiner. If appointed in the 3 days prio r to examiner appointment, he may be ordered to cease acting. 3. Liquidation terminates a companys existence and distributes its assets in a preordained way. Carrie Jane Canniffe Restraining a Creditors Winding up Petition The position since Truck and Machinery Sales Ltd v Marubeni Komatsu Ltd. , proffers the winding up process can be said to mark the formalised beginning of a companys end. There are two main forms of winding up (a) By court order (b) Voluntary. A voluntary winding up can be either a members winding up or a creditors winding up. doorkeeper observes that the only grounds upon which a company may be wound up by the court are stated in Section 213 of the Companies Act 1963. Two different types of grounds exist for the winding up of a company by the courts, procedural and substantive.Three different procedural grounds exist (a) The company has resolved by special resolution to wind up the company. It was held in the faux pas of Re Galway and Salthill Tramway Co. , tha t the board of directors may not cause it to do so without the benefit of an authorising or ratifying resolution in general meeting, or specific authority in the articles. (b) The company does not commence its business within a year from its incorporation or suspends its business for a whole year. Courtney notes this ground is rarely relied upon since only contributories, the Co itself and creditors may rely on it. c) The number of members is reduced, in the case of a private company, below two, or, in the case of any other company below seven. The most important grounds however, are those of the substantive grounds. Where (a) The Company is unable to pay its debts. The CA 1990 provides that a company shall be deemed to be unable to pay its debts in certain circumstances (a. 1) A creditor has not been paid a debt of 1000 or more within three weeks after demanding it in writing (a. 2) A judgment is unsatisfied or (a. 3) It is proved to the satisfaction of the court that the company i s unable to pay its debts.Keane comments that in deciding whether it has been proved that the company is unable to pay its debts, the court will principally act on evidence that a creditor has repeatedly applied for a payment without success. If, however, the company can show that there is a bona fide difference as to the particular debt claimed, the order will not be made. Alison Keirse Winding up petitions Practical application of the Stonegate test observed that the decision in Re varlet Couriers Ltd adopted the decision of Stonegate Securities Limited v Gregory establishing this method of defeating a creditors petition to wind up a company.However, as Courtney notes it is one thing to successfully dispute the bona fides of a debt at the hearing of a petition even where successful, the company is exposed to a glare of adverse publicity wherein its solvency is questioned. The first Irish case to consider an application for injunction relief against the advertisement of a petiti on was Clandown Ltd v Davis. Morris J held that the precise amount of the debt had to be declared before the court could order a winding up. Thus Morris J granted the injunction to restrain the publication of the petition.One result of this decision is to reinforce the principle that the courts will not permit themselves to be used as a method of debt collection. Howard Linnane Oppression of Members Section 205 Companies Act, 1963 proffers that under the CA 1963 the court has jurisdiction to order the winding up of a company where it is just and equitable to do so. Ussher proffers that in many cases such grounds are invoked where there is a complete tie-up between the shareholders and the companys activities to the detriment both of the member and the creditors.The leading case is Re Yenidje Tobacco Co, the principle of which was applied in Re Irish Tourist Promotions. Kenny J wound up a company in which the two directors could not meet without the risk of unruly scenes, and the bu siness of the company could not be conducted. In conclusion, while a companys inability to pay its debts is the most common reason for the winding up of a company, it is not determinative. A court will only wind up a company where it is just an equitable to do so.Ultimately the appropriate remedy to be sedulous will be dependent upon the extent of difficulty the company finds itself. There is of course some comfort for both companies and creditors alike that the Irish statutory framework at least contemplates solutions which draw back from the finality of ultimate dissolution of a company and facilitates interested parties a way forward through these recessive times perhaps even to the benefit of all parties concerned.