Saturday, December 28, 2019

Gothic Architecture As An Insult By Supporters Of Classic...

It is not very well known that the Gothic in Gothic architecture was meant as an insult by supporters of classic Greek architecture because they thought the style was barbarous and rude. But most French and European architects thought differently. That is why you can still see the presence of the Gothic style in Churches today like the Notre Dame Cathedral in Paris, France and Florence Cathedral, located in Florence, Italy. Used during the late medieval period, and easily identified by the arched doors and pointed arch, Gothic architecture was developed primarily in ecclesiastical architecture, or Churches or Catholic architecture. The only surviving buildings today are mainly are churches, it is possible to still find evidence of it in other surviving buildings from that time period like castles and palaces. This design was the most prominent feature in towns was an attraction, and could be compared to the skyscrapers of today, as the Europeans that lived prior to the twentieth ce ntury would probably have not seen a structure of such immensity before. Plus at the time of its occurrence its structural and design advances would add to the awesome and spectacle aspects of it to citizens, for it would be like seeing a new skyscraper touching the skies, which would throw wonder on all. Many churches followed the Cruciform plan, which was meant to follow the shape of the Latin Cross, would make it easy to split the church evenly into the special parts that a basic Church

Friday, December 20, 2019

The History And Challenges Behind The American Immigration...

The History and Challenges Behind the American Immigration Policies In his well-crafted novel, Guarding the Golden Door, Roger Daniels provides an exclusive approach to the reassessment and justification of the American immigration policy and the history of immigrants in different aspects. Since the beginning of 1882, the United States has acknowledged that their immigration goal was to constrain and bring an end to the process of immigration. Many American citizens assumed that immigrant groups were not suitable enough to fit into the American culture due to their ethnic backgrounds. Daniels, who was sensitive to the role of ethnicity and its guidance in shaping the American immigration policy, gave a different perspective to consider. Throughout the novel, he demonstrated how the immigration policy, which was built on unfounded assumptions, had actually produced results that were completely the opposite of those anticipated. For instance, the United States has been altered into a nation full of immigrants to fulfill its goal of extracting natural r esources and helping to increase its prosperity through economic development since the 19th century. Thus, immigration played a significant role not only in helping make America’s development possible, but also to shape the nature of the society in political, social, and economic ways. Although different beliefs, opinions, and arguments are taken into perspective in this novel, immigration and its policies each reflected andShow MoreRelatedImmigration : The Fundamental Aspect Of American Growth1395 Words   |  6 Pages Immigration: The Fundamental Aspect of American Growth Luis Herrera First Period AP Government February 19, 2015 â€Æ' Immigration: The Fundamental Aspect of American Growth All great empires in history have been rooted in a specific, defining set of characteristics, traditions, values, and perspectives that fuel society towards unity and comradery. 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As America grew, it became, and still is, a promised land for many. As a result, immigration has become a pivotal topic in the American culture and with time, the dynamics of immigration has changed due to a shifting of focus between different immigrant groups. From the Chinese exclusion act in 1882 to the Immigration Act of 1924, which restricted Eastern EuropeanRead MoreThe Immigration Act Of 17901304 Words   |  6 PagesLatino Americans, Native Americans and Asian Americans came to the United States it really raised a question. How did this law change how the groups are identified and their differences? Latino Americans, Native Americans and Asian Americans have differences in many ways but also have similarities. There s many different unique contexts used in separating these groups and how labor legislation was used. The year 1970 is often known to be the largest turning point in the history of US immigration. 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Thursday, December 12, 2019

Legal Aspects of International Business for Nissan Motor Mfg. Corp

Question: Discuss about theLegal Aspects of International Business for Nissan Motor Mfg. Corp. Answer: Introduction In the matter of Nissan Motor Mfg. Corp., U.S.A. v. United States 693 F.Supp. 1183 (1988), cross motions were made for the summary judgment, made on the basis of Rule 56 of the Rule of United States Court of International Trade. The question which was raised in this matter was related to the imposition of duty over the importation of machinery for producing the merchandise in a foreign trade subzone (Court Listener, 2017). The plaintiff, i.e., Nissan Motor Manufacturing Corporation U.S.A., or simply Nissan, moved to the court for a summary judgment as which the United States Customs Service, or simply Customs, was required to reliquidate the entries of production machinery, as well as, the related capital equipment, and also for getting the refund of duties amounting to over $3,000,000. The United States, i.e., the defendant asked the court to confirm the assessment of duty by Customs (JKPC, 2017). The following parts cover a detail of this very case, whereby the arguments put forward by the defendant have been stated, along with the decision of the court. Though, before that is done, the factual background of this case has been discussed. Factual Background As per the US Foreign Trade Zones Act, the authority has been given to the establishments of foreign trade zone, when the merchandise can be imported in a duty free manner, for the purposes relating to sale; and this includes cleaning, mixing, grading, sorting, distributing, assembling, repackaging, breaking up, selling, storing, mixing with domestic of foreign merchandise, otherwise manipulated, or can be manufactured except as has been provided in this chapter (Enforcement, 2017). In Smyrna, Tennessee, a foreign trade subzone had been created for Nissan. And $116 million worth of machinery had been imported by Nissan which was being used by the company for manufacturing the cars at its plant. A value amounting to more than $3,000,000 was assessed by the US Customs Service as this machinerys import duties. The tax was paid by Nissan under protest and the validity of these duties was challenged by the plaintiff in the court. The assessment was upheld by the US Court of International Trade and the plaintiff appealed against this decision (Cameron, 2015). Defendants Arguments The defendant would like to highlight that the exhaustive list of activities contained in the amendment of 1950, the plain language of the statute would distort for reading in other terms as operated, consumed, or used. The statutory constructions general rule is that expressio unius est exclusio alterius, as per which expressing of a particular thing, can be deemed as an exclusion of the alternative. And this regard, the case of United States v. Douglas Aircraft Co., 62 CCPA 54, 59, C.A.D. 1145 (1975) is helpful (Case Text, 2017a). The activities which have been identified by the Congress, in the comprehensive list, do not permit any of the operations or installations of the production equipment, till the time the duties have been paid. And apart from the plain reading of this statute, the 1950 amendment of the Foreign Trade Zones Acts legislative history is also instructive of the intent of the Congress (The Court, 2014). The defendant would like to interpret this very history to depict the intent of the Congress regarding the notion that the zones cannot be used in complete manner so as to avoid the duties on the production equipment which is used or is consumed in that zone. The defendant would further support the interpretation through the legislative history behind the amendment of the Foreign Trade Zones Act (Durant, 2017). As per this, it has been clearly stated in the act as per 1950 amendment that the exemption from payment of duties, for the imported merchandise in a foreign trade zone is not applicable over the equipment and machinery which has been imported for use in this foreign trade zone (Bolle and Williams, 2013). Even though this observation has been made in 1984, till which time, the production machinery had already been imported in the Nissan subzone; it does show the history of the amendment (Justia, 2017a). A theme was held in Butler v. United States Dep't of Agriculture, 826 F.2d 409, 414 n. 6 (5th Cir.1987) and in Co. v. United States, 74 Cust Ct 583, 590, 200 F Supp 302, 308 (1961), aff'd, 50 CCPA 36, C.A.D. 816 (1963) with regards to careful consideration of the subsequent statements as an authoritative expression of the expert opinion (Case Text, 2017b). The plaintiff had relied upon the case of Hawaiian Indep Refinery v. United States, 81 Cust Ct 117, 460 F Supp 1249 (1978). In this particular matter, importation of crude oil took place in the foreign trade zone and the same was processed at the oil refinery which was located in the subzone. Later on, a part of this processed crude oil was stores and was used on the basis of requirement, as a source of fueling the operations of the refinery (Leagle, 2017b). The Customs asked the plaintiff of the quoted case to file refined crude oil use in the zone as consumption entry and also to classify the fuel as per TSUS, i.e., Tariff Schedules of the United States. The decision of the custom was protested in this case and it was claimed that the refined crude oil had not been subjected to duty. In this matter, it was held that since the refined crude oil was being used as a secondary source of duel, the same could not be held as dutiable (Justia, 2017b). However, the defendant would like to differentiate between the present case and the quoted case. In the quoted case, the meaning of merchandise under the Foreign Trade Zones Act contained the refined crude oil. However the production equipment, of the present case, are not covered under the definition of merchandise due to the exhaustive list of the Congress with regards to the permissible operations not being allowed as an article which can be brought into a zone, which was free of duty and which could be used as a production machinery for making other articles (Leagle, 2017a). The defendant would also like to state that as a matter of public policy, it was not the intention of the Congress to place the domestic sellers or the manufactures of production machinery in a manner which places them at a competitive disadvantage with regards to the production machinery which is foreign manufactured which could be imported without any duty for the foreign trade zones and which could be sold in a cheaper manner (Leagle, 2017a). It was stated in one of the Customs Service Decision with regards to the production machinery, which had been imported from Japan in that case, for use of the same in some other foreign trade zone. In that case, it was stated by the Customs that each and every article cannot be deemed as merchandise. The defendant would again like to highlight that the legislative proposal with regards to permit the entry of production equipment in a specific manner in a foreign trade zone, without the paying the duties was rejected by the Congress (Leagle, 2017a). On the basis of Hawaiian Indep Refinery v. United States, the defendant would also like to state that the tariff schedules are applied on Nissan through the act as the payment of these duties was specifically contemplated by the Board, which was created in the subzone. And as per the defendant, the Board has the power of prescribing the rules and regulations which are required for carrying out the Act and hence, the payment of duties with regards to the production equipment cannot be denied by Nissan (Leagle, 2017a). The defendant would also like to state that the company had acknowledged in an implied manner the requirement of paying the duty on the production equipment for establishing a foreign trade zone in a formal and complete application, along with in the FTZ Systems basic plan. These were submitted in 1982 May. These documents help in clearly defining the scope which has been granted by the Board regarding the zone (Leagle, 2017a). Decision of the Court It was held by the court that without giving regards to the authority of the Board to put conditions on the grant of a zone for the production equipments payment of duty, the Board was not conditioned to grant subzone of the Company any implicit promise, based on the documents presented in May, with regards to payment of duties. This conclusion was reached by the Court as the Resolution and Order had already been adopted and the Grant of Authority had already been delivered; more importantly, these documents had already been published in the Federal Register (Leagle, 2017a). With regards to the Boards actions, it was held by the Court that when the application was made by the company to the Board, a reference was not made with regard to the production machinerys dutiable status and the grand of authority given by the Board did not restrict the right of entering the production machinery in the zone by the company, without payment of the duties or conditioned the grant in a manner which could have waived the rights of the company to challenge the entry requirement of Customs trough filing of a protest against the liquidation, along with initiated actions to challenged the protests denial. And do, the second argument of the defendant was declined. Though, it was clearly stated that the defeat of the second argument of the defendant did not defeat the success of the first argument made by the defendant, which was related to the statute and the legislative history (Schaffer, Agusti and Dhooge, 2014). On the basis of the language given in the governing act, i.e., in Foreign Trade Zones Act and its amendments, along with the legislative history presented by the defendant, it was held by the Court that the production machinery and the related capital equipment have to be held dutiable. The determination of the customs for assessing the duties on the production machinery was affirmed by the court. And so, the motion of the defendant for summary judgment was granted and that of Nissan was denied by the court (Leagle, 2017a). Conclusion The court held in Nissan Motor Mfg. Corp., U.S.A. v. United States that the review of Foreign Trade Zones Act, along with the pertinent legislative history regarding the machinery, as well as, the related capital equipment, which were imported for the production of merchandise in the foreign trade zone subzone, were indeed subjected to duty. Hence, the motion for summary judgment of the defendant was granted and that of the plaintiff was denied. References Bolle, M.J., and Williams, B.R. (2013) U.S. Foreign-Trade Zones: Background and Issues for Congress. [Online] Congressional Research Service. Available from: https://fas.org/sgp/crs/misc/R42686.pdf [Accessed on: 30/05/17] Cameron, G.D. (2015) International Business Law: Cases and Materials. Michigan: Van Rye Publishing. Case Text. (2017a) United States V. Douglas Aircraft Co. [Online] Case Text. Available from: https://casetext.com/case/united-states-v-douglas-aircraft-co [Accessed on: 30/05/17] Case Text. (2017b) Nissan Motor Mfg. Corp., U.S.A. V. U.S., (CIT 1988). [Online] Case Text. Available from: https://casetext.com/case/nissan-motor-mfg-corp-usa-v-us [Accessed on: 30/05/17] Court Listener. (2017) Nissan Motor Mfg. Corp., USA v. United States, 693 F. Supp. 1183 (Ct. Intl. Trade 1988). [Online] Court Listener. Available from: https://www.courtlistener.com/opinion/2357262/nissan-motor-mfg-corp-usa-v-united-states/? [Accessed on: 30/05/17] Durant, J. (2017) HQ 219492. [Online] Internet FAQ Archives. Available from: https://www.faqs.org/rulings/rulings1990HQ0219492.html [Accessed on: 30/05/17] Enforcement. (2017) U.S. Foreign-Trade Zones Board. [Online] Enforcement. Available from: https://enforcement.trade.gov/ftzpage/19uscftz/ch1a.html [Accessed on: 30/05/17] JKPC. (2017) Foreign Investment. [Online] JKPC. Available from: https://jpkc.suibe.edu.cn/files/101830/1509/24756_201b58d461d.pdf [Accessed on: 30/05/17] Justia. (2017a) Nissan Motor Mfg. Corp., U.S.A., Plaintiff-appellant, v. the United States, Defendant-appellee, 884 F.2d 1375 (Fed. Cir. 1989). [Online] Justia. Available from: https://law.justia.com/cases/federal/appellate-courts/F2/884/1375/463930/ [Accessed on: 30/05/17] Justia. (2017b) Hawaiian Independent Refinery, Inc., Appellant, v. the United States, Appellee, 697 F.2d 1063 (Fed. Cir. 1983). [Online] Justia. Available from: https://law.justia.com/cases/federal/appellate-courts/F2/697/1063/11356/ [Accessed on: 30/05/17] Leagle. (2017a) Nissan Motor Mfg. Corp., U.S.A. v. U.S. [Online] Leagle. Available from: https://www.leagle.com/decision/19881876693FSupp1183_11747/NISSAN%20MOTOR%20MFG.%20CORP.,%20U.S.A.%20v.%20U.S. [Accessed on: 30/05/17] Leagle. (2017b) HAWAIIAN INDEPENDENT REFINERY V. UNITED STATES. [Online] Leagle. Available from: https://www.leagle.com/decision/19781709460FSupp1249_11512/HAWAIIAN%20INDEPENDENT%20REFINERY%20v.%20UNITED%20STATES [Accessed on: 30/05/17] Schaffer, R., Agusti, F., and Dhooge, L.J. (2014) International Business Law and Its Environment. 9th ed. USA: Cengage Learning. The Court. (2014) Customs Cases Adjudged in the Court of Appeals for the Federal Circuit. Michigan: Michigan State University.

Wednesday, December 4, 2019

Reflective Human Resource Management Planning †MyAssignmenthelp

Question: Discuss about the Reflective Human Resource Management Planning. Answer: Introduction: As per my opinion, ach of the module set in the course has its benefits in launching a group assessment. Leadership style and the techniques in influencing power, communication strategies taught over the modules will help in influencing the virtual team that is our course work of module four. Moreover, the course on organizational behavior and the challenge identification will help to reduce the obstacles faced in the team project. This will not only facilitate in the team project, but also assist in the professional work. I can now better identify the risk in a project. In addition to that, it helped me better formulate the plan required to form a project team and keep it influenced over the duration of the project. The course work enriched my knowledge on leadership, influencing techniques, organizational behavior, risk assessment, stakeholder management and communication. Each of the above learning has its implication in both the team project in the course and in professional life. Managing a virtual team will no doubt be a tough task as the team members belongs from cross cultural backgrounds with different interest. They are likely to be influenced by various factors. Hence, the lesson that I received on the influence techniques will help me in keeping the team members motivated. Learning on leadership and communication will help me to better communicate with the members. It in turn will help me to communicate the procedure that will be taken for the completion of the project. Organizational behavior on the other hand will guide me in predict and understanding the behaviors of the stakeholders involved in the project. Risk identification and assessment in the lesion will again help in reducing the risk factors related the projects I will take part in. Last but not the least, lesion on the human resource management planning will help me make a planning on the HR management. Planning is the first pillar towards success and it will help me to come up with a proper plan for better managing the team and change particular parts if required. It will help me to keep the data sorted.