Wednesday, March 31, 2021

Kennedy V. Parrot Brief

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KENNEDY V. PARROT (N.C. App. 156.PARTIES & ROLES Kennedy, a patient, is suing Parrot, a doctor, for battery.FACTS P patient consulted D doctor and subsequently had surgery for apendiscitis. During the surgery D doctor discovered and removed cycsts from P patient's ovaries. A blood vessel was cut during the procedure and P patient developed phlebitis. Serious, injury; additional surjury; extreme pain.HIST T/Ct. verd. For the D doctor.


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ISSUE #1 Did the T/Ct. error in determining that D was not at fault for the plaintiff's phlebitis.DISP.#1 No. Verd. for D doctor.RULE #1 When a doctor acts with due care for their patients they are not guilty of negligently causing a patient injury.REASONS#.·Expert medical testimony demonstrated that due care was taken [medical science.ISSUE# Did the T/Ct. error in determining that D doctor did not commit a trespass/battery upon P patient since she did not consent to having the cycsts ruptured.DISP.# No. Verd. for D doctor.RULE# If a surgeon in the course of a procedure acts without the express consent of a patient in order to preserve their life or health and it is impracticable to obtain his consent or the consent of someone authorized to speak for him he has not commited a battery/trespass.REASONS #.·Anesthesia makes it impossible to obtain consent for necessary additional procedures after surgery has also began. [medical science.·It is common practice for doctors to be given increased authority over surgical procedures when patients are under anesthesia [medicine.·It is not possible to know the extent of a patients internal element until incisions are made. [medicine.·Unexpected occurrences arise during and incidental to surgery and good medical practice dictates a surgeon should use his knowledge and skill to the best of his ability to remedy it. [medicine.·If the surgeon had merely performed the appendectomy the cysts would have likely been punctured anyway. [medicine.·The puncturing of the cysts is accepted surgical practice for the procedure being performed. [medicine.·As surgical practices have evolved it has become necessary for the common law to evolve as well and allow surgeons more leeway. [legal theory.·The danger of not puncturing the cysts would be evident to any surgeon. [medicine/common sense]..


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United Airlines SWOT

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Table of Content.I.Introduction.Backgroun.Financial Information.


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II.Industry Analysis.Rivalry among Competing Sellers.The Potential Entry of New Competitors.Competitive Pressures - Substitute Products.


Competitive Pressures - Supplier Bargaining Power1.


Competitive Pressures - Buyer Bargaining Power1.III.Company/SWOT Analysis1.



Strengths1.


Weaknesses1.


Opportunities1.


Threats1.IV.Strategic Analysis1.V.Recommendations..Tuesday, September 11, 001 was the day that terrorists attacked the United States by turning American icons such as jet airliners and skyscrapers into weapons of mass destruction. The attack on the U.S. was a well thought out plan that intended to kill thousands of innocent people and to damage U.S. businesses and industries. In the immediate days after September 11th, the U.S. government ordered all commercial airlines to be grounded as safety precautions against follow up terrorist attacks, which severely crippled the already struggling airline industry.


Two of the four planes that crashed on September 11th were United Airlines flights scheduled to make cross-country trips. The combination of losing two planes in the terrorist attacks and the cancelled flights during the four days after the attacks resulted in the loss of many millions of dollars for United. Airline companies have huge operating expenses due to the nature of the business, which include maintaining the airplanes and purchasing the fuel. When the planes are not in the air, they are just sitting at the airport gates burning through cash. The only time the airline companies are making money is when the planes are in the air. Many airline companies have extremely high cost structures due to the large overhead requirements of the industry, which means that the four days of grounded planes put the large airliners in serious financial trouble.


United Airlines is the world's largest air carrier, operating one of the largest fleets in the world. The terrorist attacks that brought down two of its planes and the following four days of suspended air travel cost United around $ billion dollars. United is faced with a variety of problems right now, but the most important task is getting people back on the airplanes. It has to rebuild its reputation based on safety to reassure travelers that it is okay to fly again. Other important tasks that must be accomplished are the restructuring of order contracts to match the softening demand for air travel, the integration of the work force to quell any labor disputes that might damage the company's well being, and the improvement of safety measures to restore passenger confidence.Backgroun.United Airlines is the world's largest air carrier and the second largest in the U.S. United is owned and controlled by its parent company UAL Corporation. The employees own Fifty-five percent of UAL, making it the world's largest employee owned company (MarketWatch.com). The fact that its employees own UAL makes labor disputes with the executives difficult. This will be discussed in more detail later in the case.United has hubs in San Francisco, Chicago, Denver, Los Angeles, and Washington D.C. and also has key international gateways in Tokyo, London, Frankfurt, Miami, and Toronto. United flies to 1 destinations in twenty-eight countries with around ,00 flights per day (MarketWatch.com). UAL's official headquarters is in Chicago and it trades on the New York Stock Exchange using the ticker symbol UAL.Prior to the terrorist attacks, the airline industry was already facing a slow down due to the weakening economy. For the fourth quarter ending in December 000, UAL posted a $14 million loss equating to a per share loss of $.41. For the full year of 000, net earnings were $50 million, which comes out to a gain of $0.04 per share. Below is a chart comparing these historical numbers to the recent financial numbers to better illustrate the downward trend prior to the attacks.(in millions except EPS)00011.Operating Revenues1,518,0717,56.Operating Expenses18,6816,6616,0.Earnings From Operations6541,11,47.Net Earnings501,58.Net Earnings per share0.04.46..


(000 Annual Report.


.Looking at the above chart, it is obvious that the earnings from operations have declined significantly from 1 to 000 and net earnings have decreased from $1. billion to $50 million. This huge decrease in earnings is due to the higher cost of fuel and labor and also the decrease in higher yielding business travel. The softening U.S. economy has forced companies to purchase more economical tickets for its traveling employees rather than allowing their employees to travel first class. Companies are putting restrictions on its traveling employees by no longer allowing first class travel at the company's expense. The reduction in the high yield business traveler is having a negative effect on United because, although business travel only accounts for % of traffic, it accounts for about 46% of United's revenues (Carey, 10//01).The entire airline industry was turned on its head September 11th. Millions of dollars were lost due to the loss of planes in the attacks, four days of no flights, and a decrease in passengers due to fear. United has been forced to take reactionary steps such as re-negotiating order contracts with Airbus and Boeing to reduce the amount of expected planes. United had to lay off 0,000 employees, which is twenty percent of its work force, and replace both the CEO and CFO.The third quarter results have been released for United and are totally reflective of the tight situation the airline companies are facing. United posted a net loss of $54 million dollars in the third quarter and losses are expected to be around $.5 billion for the year 001. Fourth quarter results have not been released yet, but analysts are expecting losses to be much higher in the fourth quarter. The reduction in capacity has slashed the revenues generated by United for the third and the fourth quarter. The company is burning through approximately $1 million every day trying to balance the high overhead costs with smaller revenues (Peltz, 1/05/01).


United was supposed to enter into a joint venture with American and Delta to provide funding to Boeing and its new satellite based broadband program. Boeing's new program called Connexion is a mobile satellite technology that will deliver broadband capabilities to passengers while in flight. After the September 11th attacks, cash strapped United pulled out of the venture to conserve money. Boeing is still going ahead with the new venture despite losing the funding from the airlines (Lunsford & Pasztor).


When the markets opened up on Monday, September 17, UAL's stock price took a nosedive. In the four or five days after the terrorist attacks, UAL's market capitalization was cut in half. The stock price closed at $0.8 on September 10th and when the market opened again the following Monday, it closed at $17.50 (Press Release United).


United is considering every possible cost cutting method in order to gain control of its high cost structure. The new CEO, John Creighton, has indicated that he is willing to go as far as cross company pay cuts in order to turn the company around. Even the slightest inclination of pay cuts has infuriated the United mechanics because they were in the process of re-negotiating their contract when the terrorist attacks came. Last year all United pilots received huge raises, while the mechanics did not receive anything. At this point in time, a raise for all the mechanics is nearly out of the question and this has prompted the mechanics to threaten the company with a strike. The mechanics are in a heated battle with the executives; meanwhile the executives are trying to keep the company from going under. This labor dispute could not have come at a worse time for United. The regular employees believe that the executives are doing a bad job and are demanding that many be removed. The attacks have made it impossible for the company to appease the mechanics with a pay raise, creating extremely low morale among the employees and disunity between the executives and the other employees.


The airline industry was already in a downward spiral when the September 11th attacks exacerbated the situation. People are afraid to fly, forcing United to significantly reduce air capacity and cancel orders with Boeing and Airbus. The attacks have also created a huge labor dispute within the company pitting the executives against the operations staff. Since the employees own UAL, they have more bargaining power than most other companies. United has to resolve this labor disunity before the demand picks up for air travel or competitors are going to steal market share. The events of September 11th have changed the entire country, with major impact on the airline industry. Security is becoming much tighter, which translates to higher costs. The high costs of the airline industry can only be defeated with higher revenues, which will only happen when people are no longer afraid to fly.Financial Informatio.The following chart outlines the effects felt by United Airlines after the attacks of September 11th in relation to last year's financial results.Financial Summary (in millions)Three Months Ended September .


001000%Chang.Operating Revenues407416(16.7.Operating expenses484844(1.7.Special charges11.


616144.Loss from operations(064)(0.Looking forward from the negative financial effects of the third quarter, the following table summarizes the company's expectations for expense factors affecting fourth-quarter and full-year performance.Year-over-year Percent Increase (Decrease.


Fourth Quarter 001Full Year 00.Available seat miles(1%)(6%.Fuel price per gallon, avg(1%)8.Operating Exp per available seat mile6%6.INDUSTRY ANALYSI.Since the action-forcing events of September 11th, the airline industry has suffered a string of direct and indirect repercussions. While United has felt the effects of low capital and reduced business caused by traveler apprehension, it has also felt its own set of unique consequences. A diagnosis of the commercial airline competitive environment is illustrated and explained on the next page in the form of Michael Porter's Five Force Model...Rivalry among Competing Sellers - High While airlines have long competed on cost leadership, the changing conditions associated with air travel require attention to other areas of customer satisfaction. In particular, United must address its on-flight service and amenities. Southwest airlines was quick to grab market share in the west coast shuttle market, and by the time United had arrived with its own shuttle service in 14, many customers had already grown accustomed to Southwest's friendly, no-frills style. The Wall Street Journal noted that passengers felt that they were receiving "less service and a less comfortable ride for the exact same price." Hindsight shows us that, because United could not provide comfortable shuttle service as efficiently as its rival, and once September 11 forced airlines to put an even greater emphasis on cash reserves, the company was forced to discontinue all 468 daily flights run in coordination with the shuttle service before they could ever generate a profit (Costello, 001).Airlines such as Virgin Atlantic have already begun to address the new safety issues that customers demand from the carriers. While discussion of safety with customers has traditionally been frowned upon by the industry as a whole, United has been among the few aggressive airlines jumping on this new trend. The company makes no secret of its plans to purchase $800,000 worth of Taser guns for use in every cockpit of its fleet, a policy that no other airline has even come close to matching. In addition, it will install the reinforced cockpit doors that will make the pilots more defensible to hijacking. Third, United reports that it will offer new self-defense training to its flight attendants, pending Federal Aviation Administration approval (Carey, 11/16/01). With rivalry being the strongest factor in the industry, such promises show a strong, proactive commitment to alleviating the fears of air travelers, whether spoken or unspoken.The Potential Entry of New Competitors LowEntry into the airline industry has always required a large capital investment, but with diminishing profits for even the top carriers in the business, the threat of potential competitors is minimized further. Start-up losses would be higher now for a new airline than ever before. While other factors such as customer loyalty and brand preference may be low for many customers, they are not low enough to be ignored by a fledgling commercial airline (as shown in the rivalry example with SWA). The text notes, "the best test of whether potential entry is a strong or weak competitive force in the marketplace is to ask if the industry's growth and profit prospects are attractive enough to induce additional entry" (Thompson & Strickland, 001). Under the current circumstances, the answer is a resounding no.Competitive Pressures from Substitute Products Moderate The American Automobile Association reported that 0 million people traveled this Thanksgiving holiday, reflecting a decrease of only percent from last year (Guzman, 001). Amtrak sold 15 percent more advance tickets for Thanksgiving travel this year, and reported an increase in rail travel over the six-day period, but did not disclose exact figures after Thanksgiving weekend. In addition, Greyhound Bus Lines predicted an increase of 800,000 riders over last year's figures for the holiday travel period (DJN, 001). Finally, AAA reported that 87 percent of those traveling over Thanksgiving planned to travel by car (Guzman, 001). While this can be seen as partly due to falling gasoline prices, the theory that Americans now have a significantly greater fear of flying is unavoidable. Even though many airlines called the Thanksgiving holiday travel numbers a success, and boasted that many of their planes flew near capacity, a trend away from air travel is clearly present after September 11.


In addition to travelers finding alternate modes of transportation, teleconferencing use has seen an increase. The Wall Street Journal Online reports, "Conferencing services have actually been one of few industries to benefit from the Sept. 11 attacks, as companies seek alternatives to travel. TeleSpan projects the industry will do about $ billion in revenue this year." While some of this change can be attributed to the improvements in technology that make teleconferencing easier to use and more cost-efficient, analysts admit that there is a relationship to the paranoia that many corporate executives feel about getting on a plane with the current threat of terrorism (Wingfield, 001).Competitive Pressures from Supplier Bargaining Power ModerateIn mid-November, United announced that it would reduce delivery of new aircraft for the next two years from 67 to 4, a reduction worth $.4 billion in costs (Chow, 001). This loss of financing across the airline industry has put strains on manufacturers Boeing Co. and Airbus Industrie, subsequently forcing them to cut costs themselves and find ways to operate more efficiently.


The federal government must now be considered a short-term supplier, as the airline industry has turned to Congress for cash bailout packages ever since the FAA grounded all U.S. flights in the days following the September 11 attacks. While it can be said that aircraft manufacturers have a substantially weaker position in the industry analysis model, the federal government enjoys a greater sense of bargaining power. It can now mandate security measures, favorable business practices, and new structuring in commercial air travel.


On another level of the supply chain, United faces complications in the labor capital market from the International Association of Machinists Union. The mechanics have recently threatened the company with a strike, and even with the government's promise to intervene and delay a strike, United faces difficulties that other airlines are fortunate enough to avoid in these economically strained times.Competitive Pressures from Buyer Bargaining Power Hig.United has been quick to respond to the potential demands of customers for new security measures including non-lethal stun guns in cockpits, reinforced cockpit doors, sky marshals, flight attendant training, and federalized baggage inspections. Although the FAA has yet to approve all of these new measures, United has unequivocally stated that it intends to take every necessary step to make its customers feel safer. With some airlines aggressively pursuing these new guidelines of airline security, and some proceeding with less emphasis on them, we could very well see airlines competing more on differentiation than cost leadership in the next few years.


The new economics of information have made their mark in the airline industry, through travel sites such as Travelocity.com, Expedia.com, and the airline-designed Orbitz.com. These sites provide the customer with easier access to flight information and prices, consequently extending the reach of the information formerly unavailable to many consumers. Such disintermediation forces airlines to lower prices in order to increase market share, as customers will apply greater pressure to their carriers to give them the best price.COMPANY / SWOT ANALYSI.Strength.The strengths give us an overlook of the characteristics that give a company its enhanced competitiveness. In any market, a recognizable name can be incorporated into a company's mission and vision. The name "United" gives UAL a personal touch, creating a focus on personal relationships that it strives to secure with its customers.The biggest advantage that United has over its competitors is that they are "first movers" in taking high security precautions on their aircraft. On November 15, 001 United Airlines announced two major security initiatives to be implemented throughout the company. They are the first major airline to install advanced technological Taser weapon devices in their cockpits. This, in turn, puts substantial pressure on the Federal Aviation Administration (FAA) for quick action on approvals. The Taser guns will be installed in electronically-coded lock boxes and will be available to the pilots to defend the cockpit. Executive Vice President and COO of United Airlines stated, "United and its pilots believe Tasers are an important addition to enhanced cockpit security. Tasers will incapacitate an attacker without endangering the airplane" (Nov. 15, 001- United Press Release).The second initiative involves security training for all flight attendants on a United aircraft. United is also the first to propose and implement such a program that will train fight attendants with skills and knowledge to protect themselves and properly assist customers in a possible attack situation. Senior Vice President for onboard service Sara Fields commented, "We have worked diligently to create a program that provides our flight attendants with the knowledge and skills required to ensure their security and safety. We recognize that this training is only a first step in what will be an evolving process" (Nov 15, 001- United Press Release).United Airlines recently appointed Mr. John W. Creighton as chairman and CEO of the company by a unanimous vote. The unanimous vote leads us to believe that the company must have a great amount of trust in the business skills of Mr. Creighton. The company needs someone who can quickly and efficiently restore UAL's financial status that it had before the attacks of September 11th. Mr. Creighton announced, "Our immediate goal is to restore United's financial stability….We will continue to cooperate with the government and our regulatory agencies to provide the highest level of security both on the ground and in the air. This is what our employees, shareholders, and customers expect, and this is what we will deliver" (Oct 8, 001-United Press Release). Mr. Creighton has been a director of UAL Corporation since 18 and has experience as a CEO for Weyerhaeuser Company from 11 to 17. United Airlines hopes that Mr. Creighton's new position will allow him to incorporate effective strategic plans to primarily increase financial status while keeping security and customer service as the primary priority of the company.UAL's Internet service division, "new ventures", has had major success in 000 with a growth of almost 50 percent in sale from 1. As with many other businesses, the Internet is a great path in which a business can reach its customers. This is a great strength that United should continue to support in order to regain financial stability throughout the entire corporation.On October 1, 001, United Airlines introduced two new "Back to Business" fare options for business travelers. These two new options would adhere to business travelers who are able to book their tickets in advance to their traveling. Travelers are awarded 50 percent off the original business fare prices if they order tickets 1 days or more in advance. Up to 5 percent off is given for a 10 day advance order. These tremendously low prices are responsive to the customers needs and are helpful to help quicken the flow of all businesses. These two options were scheduled to last only till the end of the year, but positive responses from the public pleased UAL, so these low fares will be extended through March 1st of 00. Business travelers are given more choice and flexibility with these new rates. This gives United a positive outlook on regaining customer approval as well as high quality name recognition.United Airlines has restructured its delivery of aircraft with both Boeing and Airbus Industries. Many of their 001 aircraft has already been delivered prior the attacks of September 11th, but United will collect all aircraft scheduled to arrive in 001. They will only accept about half of the aircraft schedule to be delivered in 00 and none of the planes that are to arrive in 00. Between 00 and 00, United will reduce is costs for aircraft by $.5 billion. Along with this, United is able to claim that it carried the world's youngest fleet of airplanes, showing that the average age of their planes is about 8 years old. This is a significant strength for United because it will relay to customers that the newer planes will assume to be more advanced, branding them more secure aircraft.Weaknesse.United Airlines direct involvement in the September 11th terrorist attacks is an unavoidable weakness that the corporation must face. The attacks called the entire airline industry to re-design their security measures taken to ensure safety to the customers. United was forced, like many other airlines to cut its workforce. They cut 0 percent of their workforce, which amounted to 0,000 employees forced to lose their jobs. This was a difficult, yet necessary, decision by the management team of UAL.UAL's major weakness is conflicts with the International Association of Machinists Union (IAMU) generating possible strikes in the near future. United was having trouble with the IAMU due to the possible United-US Airways merger back in March of this year. The merger never occurred due to government regulations suggesting that the merger could lead to a monopoly in the market. The Bush administration said that President George W. Bush is prepared to take the necessary action to block a threatened strike by United Airline (UAL) mechanics. White house spokesman, Ari Fleischer said, The president is deeply concerned, especially at this time of year, about any disruption in airline service to the traveling public. He is also concerned about any negative impact a strike could have on the economy (Nov 1, 001-Wall Street Journal) If there is no creation of a Presidential Emergency Board to intervene in these disputes, it is possible that 15,000 mechanics could legally walk off the job at the nations second-largest airline just before the holidays. Presidential intervention of strike discussions has proven to be effective in the past. Earlier in the year in February, Northwest Airline mechanics were planning a possible strike. President Bush's intervention in this matter brought negotiations back to the table. Now, as the airline industry is struggling, President Bush assures us that there will be no immediate disruption due the conflicts arising between United and the IAMU. There is a 0 day "cool off" period given and if the Bush Administration does decide to intervene, the Presidential Emergency Board would have 60 days to study the issue and recommend a solution. That would mean that any strike by the mechanics couldnt begin until Feb. 1. There is an expected heat coming from the Union and a possible strike is on the way. United, in return, says that these discussions are for the benefit and safety of their customers. (Nov 1, 001-Wall Street Journal.The final weakness that we have determined is the most recent third quarter loss of $54 million in November along with the even greater loss prediction of December. The continued losses are to be expected, but in turn can create UAL to make forced decisions. Increased losses can lead to more cuts in the workforce and a possible downsizing of the company. The quickness of effective strategic options will determine whether or not these weaknesses will be conquered in the months to follow.Opportunitie.The value of market opportunity is a big factor, which will shape the strategic plans that UAL intends to implement. The airline industry being at its lowest point signifies that any strategic opportunity to gain revenues would be healthy for the corporation. The coming of the Spring Season is the perfect opportunity for UAL Corporation to plan special travel deals or packages. Many people usually plan ahead to travel to warm climates in the spring as well as planning family vacations. UAL has an opportunity to continue the use of the Internet and their "new ventures" division in congruence with other special package deals to attract a majority of customers. Their "first mover" advantage on security measures opens much opportunity to gain recognition as the most secure airline in the industry.Threat.The largest threat that UAL faces is the possible strike by the International Association of Machinists Union. A strike such as this could have a devastating impact on the industry as well as the economy. The decline in revenues and the vast lay off of employees could also cause a possible threat of strike by other UAL employees. The recovery of financial stability is a key factor in putting these threats to an end. Southwest Airlines and other small airlines are a possible threat to large airlines like United. Southwest dominated the West Coast Shuttle market over United. If United continues to get beat by smaller corporations in certain markets, they could slowly lose control in a market in which they once dominated. The continued predictions of loss as the months pass by are a threat. The month of December is predicted to have a significantly greater loss then they have experienced in November. The final threat to United is possible technology faults. It is a powerful strength that United is implementing new security technologies into their aircraft, but there is always a possibility of faulty equipment and imperfections. Technologically advanced devices mean that United has to take extra precautions by performing continued tests on each device.Summary Chart of SWOT Analysi.StrengthsWeaknessesOpportunitiesThreat.-First Movers-Pressure on FAA-Name Recognition-New CEO-Online Sales-Low Cost Fare Options-Youngest Operating Fleet-Direct Involvement of Sept. 11-0,000 Employees Laid Off- IAMU Strike-Third Quarter loss / 4th quarter expected to be worse-Special Travel Deals-Continued use of internet to produce high revenue sales-First Mover Advantage-Strike-Southwest domination of West Coast Shuttle Market-Continued Quarterly losses-Technology Imperfection.STRATEGIC ANALYSI.United Airlines has cut 0,000 jobs and about 750 daily flights since the September 11 attacks. It lost $1.16 billion in the third quarter and said it burned cash at a rate of $15 million a day throughout October (Brannigan, 001). The company admits that this is its worst year ever, and it goes without saying that the company needs a strategic overhaul more than many of its competitors in the industry.A Strategic Look at the Airline Industr.Placing the September 11 attacks aside, there has been a great deal of change in the airline industry over the past 5 years. The Internet has changed the way information is generated and distributed, as well as who can get to it and who pays for it. This was illustrated extensively in Blown to Bits, and many of the concepts discussed by the authors apply to the airline industry..Richness and reach used to exist in a tradeoff a company could either make its information available to many customers or customizable to a few, but never both. These days, a company can use the Internet to take its rich information to a broad base of customers, who can apply it to their own interests and needs more easily than without the Internet.To apply this concept to the airline industry, we can consider travel sites such as Travelocity or Expedia. Customers can enter in their own needs and receive a variety of options on a number of airlines. Customers then select a flight based on price, convenience, or flight amenities, and finally purchase the tickets from the site. While this has extended the richness and reach of the airline industry's information, individual airlines do not compete on reach. If they could, a company such as United would strive to gain such a strong customer following that it could sell airline tickets at minimal prices, and receive revenue from the advertisers on its website. Blown To Bits calls companies like this "navigators." Amazon is an example of a company that has had relative success employing this new business strategy. Competitors find it difficult to gain ground on navigators like Amazon because Amazon's customers receive rich information at a low price and are, consequently, very difficult to steal away. United has found ways to increase the richness and reach of its website information, such as offering travel itineraries in various currencies and languages. As an airline operating in 7 countries, such customizable information is vital to the success of the company.United Airlines has found ways to compete on richness through its NewVentures subsidiary. UAL proclaims that NewVentures is responsible "for all strategy, operations, planning, and support of United's website." As an innovative way for consumers to receive flight information on their cellular phones, pagers, or handheld computers, NewVentures has won several awards for expanding and enhancing United's business. In early September, Smart Business named United as one of the top 50 companies to successfully implement the Internet into its operations and improve the way it does business for the second straight year (United.com, 001).Affiliations are recognized as a key success factor in today's airline industry. In fact, such cooperative strategies between September 11-affected companies play an important role in the rebound of travel. For example, Virgin Atlantic offers its upper class and business class fliers a $50 gift card to The Sharper Image with a flight to London. Delta Airlines has allied itself with Universal Studios to let children fly and stay in a selected hotel free of charge when a parent purchases a vacation package from Delta. Behind the scenes, these affiliations are lowering costs for all partners involved, allowing them to charge their customers less for the final packaged product..While United has alliances with over 100 companies through its Mileage Plus program, many customers are not made aware of the alliances until they have visited United's website and purchased a ticket (United.com, 001). If United made the alliances known to the public in advance of their ticket purchase, customers would be more likely to participate in the programs available. In contrast, Virgin Atlantic's promotion with The Sharper Image is highlighted on its homepage, and Delta began advertising its travel package to Universal Studios on network television stations in the first week following the September 11 attacks.Disintermediation, the removal of a link in the value chain, is also applicable to the airline industry. While customers currently purchase tickets through online travel agencies, many analysts have grim outlooks for sites such as Travelocity and Expedia. Online travel agencies are in a weak position, compared with large carriers and hotel groups, particularly because of their weak market shares and the limited value-added of their services," claimed an analyst at a large French bank in a Dow Jones Newswires report (Venck & Barsony, 001). Such assumptions are supported by the creation of Orbitz.com by United States air carriers, and the proposed competitor "Opodo" by European airlines. Travelocity.com charges a fee of $10 per ticket to a customer, and receives only 5 percent commission on the ticket sale, down from percent two years ago. Cash reserves are an imminent problem for Travelocity, and the industry will ultimately squeeze out such minor players in the distribution system. They will most likely be acquired by airline or hotel groups, or be forced to adapt to the changing conditions by finding a niche market to serve, such as last minute travel bookings.The increase in the use of information technology in the airline industry represents the deconstruction concept outlined in Blown To Bits. The information available to the consumers about the flight, its price, and comparable trips on other carriers considers the sum of the advantages of the value chain. Deconstruction comes into play when a customer elects to fly from, say, Baltimore/Washington International Airport, rather than Philadelphia. If the customer can leverage a better price by leaving from BWI, airlines are forced to lower prices and increase convenience to the customer.RECOMMENDATION.When a company is suffering financially, dealing with negative publicity, or when its overall industry is in steady decline, it must take action to either improve it operations or prepare itself for market exit. As a crisis-ridden business in a generally weak industry, United can choose to employ one of the following basic strategie.·Fortify-and-defend modify the existing strategy in order to maintain the status qu.·Offensive turnaround strategy come up with financial resources in order to differentiate the company in a new way, with the goal of moving up the industry ranks in the long ru.·End-game strategy minimal reinvestment in order to gain short term cash to be used to exit the marke.·Immediate abandonment strategy sell the business or cease operations if there is no buyer (Thompson and Strickland, 71.We recommend the second option, an offensive turnaround strategy. Financial resources are needed in order to employ this option, but we believe that the airline industry is much too important to the public for one of the industry's largest carriers to settle for anything less than its best efforts at improvement. As for the financial resources needed to turn the business around, United has about $.7 billion of cash and $4 billion of unencumbered planes and other assets, which means United can use them as collateral to borrow several billion more dollars. However, we do not recommend using too much debt since, as of September 0, United already has around $8. billion of long-term debt and lease obligations, much more than a number of its competitors (Peltz, 1/05/01).In order to implement an effective turnaround strategy, management must analyze the business to find out what is at the root of the problem. For United, the major problem lies in its high cost structure, mainly its labor and fixed costs. Of course, this would not be a problem if revenues were where they should be, but with the downturn in the economy and the recent terrorist acts, United has been unable to make a profit since the second quarter of 000, when it made $7 million (Armstrong, 11/0/01). Thompson and Strickland outline the following actions as ways to successfully turn around a struggling busines.·Sell off assets to raise cash and to save the remaining part of the busines.·Revise the existing strateg.·Launch efforts to boost revenue.·Pursue cost reductio.·Use a combination of these efforts (7.While for the long run we suggest that United create ways to get people flying again, for the short run we believe United should cut costs, specifically labor costs. In October 000, United gave its pilots a increases in salary ranging from 1% to 8% and now, more than ever, the airline is feeling the impact of that decision. United's cost structure is one of the highest in the industry, with its labor costs comprising about 40% of its operating expenses (Carpenter, 11/5/01). However, cutting labor costs is no easy task since there is already much contention between employees and upper management at United.


United has already cut 0,000 employees, or about 0% of its workforce. The International Association of Machinists and Aerospace Workers, which represents 15,000 United mechanics, recently rejected a federal offer of arbitration from the National Mediation Board. The mechanics have not had a raise since 14 and have been in talks with United since December 1. Currently, United is in a cooling off period from negotiations over the mechanics' contract (Crawley, 11/0/01). James Higgins, an analyst at Credit Suisse First Boston in New York said, "If labor wants there to be any longer-term growth, they're going to have to help this company out" (Peltz, 1/05/01). On Thursday December 0, 001, the mechanics will vote on whether or not to strike.


We suggest that new CEO John Creighton focus on senior management's salaries, including his own. Small temporary reductions in huge upper level management salaries would allow a small (much deserved) increase in the mechanics' wages. Employees, other than mechanics, are extremely dissatisfied with senior management's performance. "All of us (union groups) are unanimous that the management is absolutely dysfunctional," Rick Dubinsky, head of the United pilots union and a UAL board member, said. "I believe Jack Creighton will recognize some of that dysfunction and will make appropriate changes" (Carpenter, 11/5/01).If certain executives are ousted, employees will be much more willing to take a cut in pay. "We will not just take a pay cut and show up on Monday morning," Dubinsky said. "We're going to get something valuable in exchange for it." He said that certain unidentified United executives "have to be replaced. He [Creighton] should take them out" (Peltz, 1/05/01). Mr. Creighton himself could forgo a substantial portion of his salary until United begins to see a profit again. In short, when considering wage cuts, United should start at the top, not at the bottom. This will boost morale and ensure a more aligned workforce. It will also give upper management greater incentive to quickly generate a profit.The second major issue on which United should focus is revenue-generating schemes. United needs to concentrate on a long run strategy of getting people back in the air, more specifically, back in the air on United Airlines. United's western travel areas have been hurt the most since the general slowdown in air travel. Therefore, we suggest that United give people plenty of incentive to fly out to the western states. It could begin building temporary partnerships with hotel chains and travel agencies that offer discounted travel to the areas where United is hurting the most.United has already begun to do this by establishing a relationship with Vail Resorts in Denver, CO. United is offering that one child flies free to Vail Ski Resort, where that child will also receive free lodging and one free lift ticket when accompanied by an adult (PR Newswire, 11/0/01). United should offer other such incentives to families who may be considering a vacation, but who are reluctant to fly.United is also expanding the ways people can earn frequent flier miles on its Mileage Plus program by increasing partnerships and giving more bonus miles. However, many people are not aware of the many ways that they can earn miles. United should increase awareness of its Mileage Plus program by distributing literature to all passengers that board the plane. In addition, it should make sure that partnering firms display the United logo in a visible area either on their advertisements or in their business locations in order to peak customer interest in Mileage Plus. United should also consider temporarily reducing blackout dates and certain restrictions on earning miles, until business picks up again.Finally, United should make a determined effort to make its airline the best in service and safety. Most people will reevaluate the airlines and use their research to decide which one they fly. United needs to be in the top rankings in on-time flights, in baggage claim, and in overall customer service. Safety is a top priority for everyone and United needs to be a first mover in terms of providing the safest airplanes possible. Investments have already begun in implementing a program that would provide the aircrew with Taser stun guns. Bullet proof cockpit doors and other safety measures should be considered. Making the customer feel safe and giving people the most enjoyable flying experience will ensure return passengers and will improve United reputation.Creighton has experience in negotiating with unions and he is working hard to keep his employees happy while making sure that United does not run out of cash. This is an extremely important task because eventually the economy will rebound, but employees may not forget Creighton's actions. On the other side of the equation, employees need to do everything possible to make sure United is the airline of choice, even if that means taking a temporary pay cut or stalling negotiations until the company start seeing a profit again...


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Tuesday, March 30, 2021

Cloning

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Clonin.This topic has generated much attention, and I would describe it as a controversial dilemma..I have researched cloning on the Internet and have looked at the different perspectives of people who are young, old, religious and scientific - and people who have not made up their minds on this subject.I found that generally young and old people do not have an informed opinion, they find the subject strange and feel that they do not know enough about it. I found that most religious (Christian) people disagree entirely with it because it seems to defy God and the belief that God made us as unique individuals. Often, scientists who are for human cloning have been described as "playing God". Most scientists who want to experiment with cloning think that it is fantastic that such unimaginable feats are now within our grasp.


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The table on the last page describes what I think are the dangers and opportunities of cloning, particularly in human cloning.I know that there are many advantages and disadvantages to cloning, but I also know that with every scientific advance for example, organ transplants, there are usually major problems and setbacks and there are always people who against it. But if we did not take risks once in a while what would quench the curiosity of mankind? Cloning has serious dangers but it has some very good points too, that would mean that terrible diseases could be no longer a big danger.One point that I would like to make is that human values can change over time. To illustrate that it is now an accepted fact that the Earth is round and it goes around the Sun. When this was first suggested it was completely rejected.With animal cloning, there has been many failed experiments resulting in deformed creatures. Based on this, it is likely that in human cloning, there would be a very low success rate to begin with. This could mean serious mental and physical disorders. Who has the right to bring something like that into the world? Current moral values say nobody, yet these people are prepared to do this and live with the consequences. What would happen to these deformed beings? Murder? Are they human?.I believe that every human being is unique, and so should be treated in that way. By cloning somebody's genes you are taking away that persons individuality and thus creating something that is not, in my opinion, truly human. This is a difficult topic to discuss and if it were me, I know that when all is said and done I would not want a cloned child or the other subject which is provoking arguments genetically enhanced children (parents can choose their unborn child's genes).I believe that cloning should be thought about a lot more before somebody clones a human, but I am undecided on my own opinion. I think that with regards to cloning, more research and more answers are needed before making another forward step..


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Friday, March 26, 2021

Women in World War Two

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1.Source A tries to put the message across to,'all women', that they are needed in the war effort, no matter how big or little their exertion is. It encourages women not to be afraid and promotes feelings of patriotism by talking to the female population as a collective by using words such as,'all','every', and,'we'. Ideas of patriotism encouraging women to get involved also occur when the speaker makes it clear that they fighting for their lives, freedom and future. The member of the Women's Institute, who presented the speech on BBC Home Service, urges women to make sacrifices at home such as allowing children to be evacuated, dealing with husbands being away at war and live with rationing. It was presented on BBC Home Service as the government wanted to tell all women to feel that all,'all the little things that are so important', in their lives have to be fought for..Source B, written by a female member of the local council in West Ham, supports Source A's ideas that women should helping the war effort however it disagrees on the reasons why they should. Source B encourages women to help in the war effort yet in, comparison to Source A, it believes women should only do it if they receive,'the good conditions they are entitled to', and not just do it as a selfless act. B promotes women to be independent and not to be used by the male population as like in WW1, this gives women an urge to do their duty for themselves. Source A appeals to the mothering side of women and is emotive doing it as it talks of families and,'all the little things', that are a woman's,'life blood'. The writer of Source B, uses her own experiences of World War 1 to put across her view on the role of women in the war, she has knowledge of women's involvement in the war and is determined to ensure women are given some kind of acknowledgement..4.Source F and G have various differences between them, the main difference is the fact that F is a


a song taken from the war period and G is a diary entry wrote in 18-nearly 40 years after.


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the war. Source G is more reliable than F as although the song was taken from the time, it is.


highly likely to a propa ganda song, it was probably exaggerated and changed from peoples


personal experiences to make women more interested in work and to make the woman's role.


seem an important one, the woman in Source G spoke about her experiences 40 years after the war she may not remember every detail of her experiences correctly however an event such as a war, and the feelings and consequences surrounding it, are likely to stay in ones mind for the rest of a her life, as it would have had such an impact her. Source G also seems more reliable as it a diary description and will not have been filtered by the government, like it would have been during the war, to prevent the public hearing negative points on a woman's job as they knew woman would stop wanting to work. A description of a woman's job being put into a song such as in F shows that a woman's role in the war was very much in the public eye and was a popular subject to talk about. The lyrics of the song aren't very technical using words such a,'thingumabob', this enables the song to be used on any in of work and also makes the song more interesting and fun to sing. The simplicity of the words used in the song also implies that the woman's job was an easy one to do and stress free this was used to encourage women to work. Source G is an example of the fact that in many cases women weren't thought of as acceptable workers and were resented by many employers, the very people they were sent to help. G describes the reality of what life as a Land Girl was really like and doesn't have any kind of positive spin on it, the writer of the diary goes to the extent of saying they,'were worse treated than the service'...


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Living at home while studying

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Nowadays many students prefer to live at home. They do not want to move away. Moving away from home does not only mean moving into a new flat, most of the time it also means moving into a new city. Many students do not want to miss or give up their family, friends and neighbours. They do not want to miss the closeness that they have to these people. Living at home, while studying gives students the opportunity to keep up their good relationship towards family, friends and neighbours. This seems to be the reason why living at home while studying is the best option for students.Students are able to save a lot of money while they live at home. They do not have to pay a rent. Also extra charges as the consumption of water and electricity do not apply to them. Students do not have to think about the amount of water that they use when they take a shower. Another aspect is that if they live together with their family, they do not need as much money as if they live alone. Many things in the parents' household already exist. For example, they do not have to buy cutlery, dishes and furniture. Many students forget that ordinary things like polish or hygiene articles also cost a lot of money. If they live at home, they do not have to buy them. Usually parents buy those articles because they are used by the whole family. Most of the money can be saved because board and lodgings are free.Students not only save money while they live at home, they also save time. Most of the housework is done by the parents. Usually students do not have to do the laundry and they do not have to clean the house. Therefore they have more time for their friends and for their homework. They are also able to concentrate more on their university studies. If they live at home, they do not have to go shopping and they do not have to cook their meals themselves. Very often, this is also done by the parents. They also save time because they know their city and their surroundings very well. They know the shortest and fastest way to important places and buildings, e.g. university or library. Especially at the beginning of their studies, students who live at home have it more easy, because they are supported by their parents in many ways..


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ENGLISH

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All of the Native Americans had freedom, freedom to do anything they wanted. There were different kinds of cultures among the Native Americans but they all pretty much had freedom. They did things among their own culture and learned things from others. Native Americans learned how to grow food, trade, and even make shelter. They made buildings and turned them into cities. They all had their own unique kind of houses, but they all had them. Like the Anasazi culture had pit houses, which were underground, and others had houses on the outside. Native Americans had the freedom to live the way they wanted to live. They could make their own things or copy others and they could live where they wanted to live. The way they lived was freely, they learned to do things by themselves, and they learned everything with each other.Native Americans had their own styles. They had there own unique things that they had, while also having things that they copied from others. They all traded things with other cultures because you couldn't get everything you wanted from the land you were on. So they often traded things with each other. They had rituals that they did for there religion, and they did those with there own culture. Native Americans learned things and did things all by themselves..When the Europeans came, they changed the Native Americans way of life. They took away all their freedom. At first they just traded things, and learned things from the Native Americans. So they didn't bother them that much. But After learning how weak the Native Americans were, the Europeans used their power to do things. They tried to make them change their religion, and took most of the things they had. They took the different kinds of food, and jewelry that they had. Later they even took some of them as slaves.


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Thursday, March 25, 2021

Corporate Governance

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Corporate Governanc.Corporate governance has succeeded in attracting a good deal of public interest because of its apparent importance for the economic health of corporations and society in general. The development of increased interest in corporate governance reflects higher expectations by the investment community for greater effort by listed public companies to develop their own structures and procedures to ensure effective management and appropriate standards of corporate behavior.However, the concept of corporate governance is poorly defined because it potentially covers a large number of distinct economic phenomenons. For example, Mathiesen (00) considered corporate governance a field in economics that investigated how to secure or motivate efficient management of corporations by the use of incentive mechanisms, such as contracts, organizational designs and legislation. And an article in financial times (17) said ¡°corporate governance----which can be defined narrowly as the relationship of a company to its shareholders or, more broadly, as its relationship to society.¡± Turnball (17) considered corporate governance including all the influences affecting the institutional processes, including those for appointing the controllers and / or regulators, involved in organizing the production and sale of goods and services. OECD has a more detailed definition in April 1 ¡°corporate governance is the system by which business corporations are directed and controlled. The corporate governance structure specifies the distribution of rights and responsibilities among different participants in the corporation, such as, the board, managers, shareholders and other stakeholders, and spells out the rules and procedures for making decisions on corporate affairs. By doing this, it also provides the structure through which the company objectives are set, and the means of attaining those objectives and monitoring performance.¡.Corporate governance rules mainly govern the relationship between the company as a corporate entity and each member, the member to each other and the company and each of the officers. The company needs rules for its internal management, usually these internal management rules provide for such matters as the appointment of officer, the power and authority of officers, and the holding of meetings, and the issue and transfer of shares. The purpose of corporate governance mechanisms is monitoring and controlling the management of corporations so as to result in more effective management and to enhance shareholder value (Lipton and Herzberg 001). Corporate governance is the set of procedures, rules, systems put into place to ensure that the company can come to life, make decisions and generally do things; it set out who will make decisions on behalf of the company----this may be----all the owners in a general meeting or ----the owners representatives----directors; and there are controls over these decision makers. A company needs rules for its internal management. Usually these internal management rules provide for such matter as the appointment of officers, the power and authority of officers, the holding of meetings, and the issue and transfer of shares. The sources of corporate governance rules including the mandatory provisions of the corporations Act which cannot be excluded; the replaceable rules which are sections of the Act that become the companies constitution unless replaced, and ¡°a constitution¡± which the promoters may decide they want their own constitution


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Corporate governance is concerned with two conflicting ideas. One is giving the board and management power to drive the company forward, the other is achieving this in an effective and accountable way. If these conflicting ideas do not match, then corporate governance will not be effective. For the extreme situation, the company will be out of control.In the past two year, five of the ten largest bankruptcies happened in US history such as Enron, WorldCom, GlobalCrossing, Tyco, and Adelphia, and some famous Australian companies such as OneTel, HIH, Harris Scarfe and Ansett collapsed too. In these corporations, boards of directors didn¡¯t govern because all essential governance happens before the board meets. The law mandates directors must act in the best interests of the corporation and its shareholders, which courts interpret to mean maximum share price. So as long as share price remains high, directors feel confident. Yet it was precisely the hyper-inflation of share price that destroyed them. For example, energy giant Enron, collapsed under piles of hidden debt and some unusually risky major investments.The major lesson from the falling down of these big companies is that rules of corporate governance do not adequately protect the interests of the general shareholder against the increasingly divergent interests of corporate managers. In other words, the agency problems from the separation of ownership and control have not yet been adequately solved and may have recently increased. Thus, public and investor faith in the integrity of the business community has been severely shaken in the past years. This effect has already led to increased demands for regulation of accounting, auditing, and corporate governance, and some important corrective actions are underway.There have been some greatest changes of governance in America. As observed in the Economist the two key sets of reforms are those in last summer¡¯s Sarbanes-Oxley act, now being turned into rules by the Securities and Exchange Commission (SEC), and those proposed by the New York Stock Exchange (NYSE), which are also being scrutinized by the SEC.The Sarbanes-Oxley Act of 00 is a lengthy and comprehensive measure that is designed to improve the quality and transparency of financial reporting, independent audits, and accounting services for public companies by creating a Public Company Accounting Oversight Board overseen by SEC to enforce professional standards, ethics, and competence for the accounting profession; strengthen the independence of firms that audit public companies; increase corporate responsibility and financial disclosure; stiffer fines and criminal penalties for fraud, misrepresentation, and destruction of documents; protect the objectivity and independence of securities analysts.Other development in resolving the problem of corporate governance in USA also including the Business Roundtable released its Principles of Corporate Governance, a set of guiding principles intended to assist corporate management and boards of directors in their individual efforts to implement corporate governance best practices.In Australia, corporate governance has become the focus of unprecedented attention. The spotlight has been firmly directed at improving corporate stewardship, disclosure and internal controls. On 18 September 00, the Federal Government¡¯s Commonwealth Corporate Law Economic Reform Program (CLERP) took another step towards reforming corporate governance standards in Australia with the release of Issue Paper No. Corporate Disclosure. CLERP renews the focus on some of the leading and most sensitive issues in Australia¡¯s corporate governance debate. The Government has provided the framework and underlying principles from which it intends to strengthen the corporate governance performance of Australian companies. The reforms strengthen and clarify the roles and obligations of key corporate governance players----company boards, audit committees, management, shareholders, external auditors and regulators. Besides, The Australian Security Exchange (ASX)¡¯s Corporate Governance Council has already worked on corporate governance and audit committee best practice standards and principles to suit the Australian environment. The Council will review, and where necessary suggest input into, published guidance recommendations for Corporate Governance practice in Australia, also having regard where relevant to international models; assist ASX in building understanding about best practice on the part of listed companies including, where appropriate, formulating suggestions as to any necessary amendments to Listing Rules and guidance notes; recommend to regulators and government where legislative amendment may be necessary; provide information related to corporate governance to investors and the wider community; and regularly review compliance with best practice. Now the companies may need to prepare for 7 key areas of change aimed at strengthening audit committees, improving external auditor management, greater shareholder participation and access, stronger continuous disclosure penalties, protecting corporate whistleblowers, and assessing corporate governance performance.Recently, the collapse of the big companies and ¡°failure¡± of corporate governance have raised questions. The controversial problem is how to limit the bad companies that abuse the gifts of ¡°limited liability¡± and the ¡°separate entity principal¡± to avoid important responsibilities and liabilities. Some prefer external regulation and penalties and some would rather choose internal regulation through corporate governance. This essay will focus upon this problem.The recognition that a corporation is a separate legal entity in its own right is the foundation of modern corporate law. A corollary principle is that the shareholders of the corporation are only liable for corporate obligations to the extent of their investment.According to Puig (000), by establishing that corporations are separate legal entities, Salomon¡¯s case has allowed companies to become powerful business entities. But this has created a double-edged sword, with both good and bad elements.The principles give even apparently honest incorporators the benefit of limited liability in circumstances in which it is not necessary in order to encourage them to initiate or carry on their trade or business. First, limited liability reduces the need to monitor management and other shareholders. Secondly, limited liability and free transfer of shares with which it is arguably linked facilitate the market for control. This acts as an incentive to management to perform efficiently. Thirdly, limited liability, in adding to the marketability of shares improves the information fed to the market place by the increased volume of transaction. Fourthly, limited liability allows shareholders to diversify their holdings. Fifthly, it facilitates optimal investment decisions since a positive attitude to risk taking will ensue.However, if the principles applied inflexibly, the principles can shield parties unreasonably, to the detriment of persons dealing with companies. First, limited liability attracts small traders to the corporate form not because it represents an effective device with which to raise capital, but because it gives them access to an avenue via which to escape the ¡°tyranny of unlimited liability¡±. Secondly, when coupled with the consequent attribute of limited liability, the principles provide an ideal vehicle for fraud. Because of its malleability and facility for protecting directors and members against the claims of creditors, the corporate form has been responsible for the development of many different forms of fraudulent or anti-social activity. What is colloquially known as the ¡°$ company¡± is one notable example of corporate fraud.Modernizing company law and stricter regulations is a good way to protect shareholders. Frequently when companies fail and a disqualification order is made, directors have contributed to the collapse by their negligence, misconduct or misappropriation of company assets. Rogue directors will often ensure that there are insufficient assets to pay the costs of the liquidation and therefore frustrate recovery action. The liquidator might turn to the creditors for a fighting fund but they would often be reluctant to risk further good money after bad. By stricter regulations and penalties, the directors who abuse limited liability for their own personal benefit and at the expense of creditors who supported the company will be deterred and punished. But by the contemporary company law, it makes no difference between the responsible risk taker who works hard but is unsuccessful and those individuals who deliberately set out to cheat their creditors or abuse limited liability. For example, the falling down of Enron has made a lot of shareholders lose their investment and the employees lose their pension, but until now, no one in the company has been put into the jail.President of USA George Bush signed the Sarbanes-Oxley Act into law with the hope that it would put an end mounting corporate scandals and accounting misdeeds in the country. Included in the act are new rules regarding the structure and role of the audit committee and increases in penalties for corporate wrongdoing. Some experts (Niskanen, 00) believe that the most important policy lesson from the collapse of Enron is that the change in private rules should be complemented by repealing or reversing those laws, regulations, and court decisions that now restrict successful tender offers. The probable results would be a reduction in executive compensation, less pressure to cook the books, an improved allocation of capital, and an increase in the rate of return to the general shareholders.The company law in this area can be improved, but it need careful consideration given to how to deal with responsible risk takers----- those entrepreneurs who have ideas, put in a lot of their own money, work hard, but then fail. On the other hand, Reynolds (00) believed that there will be adverse effects from the new rules----the most serious effect will be to discourage risk. Certification amounts to promising the impossible indisputable accounting. That invites disputes and regulatory harassment, which invites lawsuits. As a result, executives will naturally become ultra-cautious, even timid. Bold new ventures will be shunned, just to play it safe. By penalizing risk, certification threatens chronic economic paralysis. This whole game is mainly a political gift to trial lawyers who chase sick companies the way ambulance chasers go after sick people. This whole game is mainly a political gift to trial lawyers who chase sick companies the way ambulance chasers go after sick people. CEOs and CFOs have just become an inviting new target for class-action suits. This added risk of litigation scared the stock market for weeks because it must shrink future profits by inflating the cost of insurance and compensation. Companies will have to pay much more for insurance to cover the risk that their executives might be sued. And a fat new risk premium must likewise be added to executive pay. Troubled companies, being most vulnerable to lawsuits, will have to pay premium salaries for the talent required to turn things around. Certification applies only to companies that sell shares to the public. We can expect more of the promising new companies to stay private, which means potential shareholders will miss out.At the same time, we have to be careful, not to look to a significant expansion of regulation as the solution to problems of abusing the principles of limited liability and separate entity. As Federal Reserve Chairman Alan Greenspan said at the New York University in March 00, ¡°Regulation has, over the year, proven only partially successful in dissuading individuals from playing with the rules of accounting.¡.Internal regulation through corporate governance should be paid attention to. The uselessness of corporate governance in some extent has some social and economic reasons.The most recent experiences with the bankruptcy of Enron, and, preceding that, several lesser such incidents suggest that the governance of the corporations has strayed from our perceptions of how it is supposed to work. By law, shareholders own our corporations and, ideally, corporate managers should be working on behalf of shareholders to allocate business resources to their optimum use. But as the economy has grown, and our business units have become ever larger, in fact shareholder control has diminished ownership has become more dispersed and few choices of boards of directors or chief executive officers. The vast majority of corporate share ownership is for investment, not to achieve operating control of a company. Thus, it has increasingly fallen to corporate officers, especially the chief executive officer, to guide the business, hopefully in what he or she perceives to be in the best interests of shareholders. Indeed, the boards of directors appointed by shareholders are in the overwhelming majority of cases chosen from the slate proposed by the CEO. The CEO sets the business strategy of the organization and strongly influences the choice of the accounting practices that measure the ongoing degree of success or failure of that strategy. Outside auditors are generally chosen by the CEO or by an audit committee of CEO-chosen directors. Shareholders usually perfunctorily affirm such choices. To be sure, a CEO can maintain control over corporate governance only so long as companies are not demonstrably in difficulty. When companies do run into trouble, the carte blanche granted CEOs by shareholders is withdrawn. Existing shareholders, or successful hostile bidders for the corporation, usually then displace the board of directors and the CEO. Such changes in corporate leadership have been relatively rare but, more often than not, have contributed to a more effective allocation of corporate capital. For the most part, despite providing limited incentives for board members to safeguard shareholder interest, this paradigm has worked well.Corporate governance is not old-fashioned, but it really needs reform. Lots of economists have given their opinions on it. Kelly (00) commented with proposals getting to the heart of the matter. First, ensure auditors really audit by making them fully independent. Instead of having companies be the ¡°bosses¡± of their own auditors----selecting and paying the firms they want to work with----a Corporate Accountability Commission could assign auditors and pay them from fees assessed on companies. Second, bar law-breaking companies from government contracts. Companies with far worse records than Enron and Arthur Andersen are still feed at the government trough in massive amounts. If they face threat of contract suspension, ethics would become a genuine bottom-line concern----which is the only way to make ethics real to these folks. Third, create a broad duty of loyalty in law to the public good. Today a corporate duty of loyalty is due only to shareholders, not to any other stakeholders, and Enron behaved accordingly----using tricks to drive electricity prices up 00 percent in California and thus fuel a spike in the company¡¯s share price. Such piracy against the public good would be outlawed under a state Code for Corporate Citizenship. Finally, find truly knowledgeable directors employees. As directors, employees would be concerned with the long term and not next quarter. Through reforming, corporate governance will be one of the best ways to prevent the bad management of companies to escape from liabilities.There is another saying that limited liability and separate entity should only be available to large public corporations and not to private companies which idea this essay do not agree.First, % of companies on the Register are small private companies, and only 1% of companies are public companies. Limited liability can promote market efficiency through promoting the liquidity and efficient operation of securities markets. If just large public companies can have the advantage of limited liability, then the end result will be that the economy suffers from the difficulty of raising investment capital.Secondly, in terms of company law and principles of fiduciary duty, there is no fundamental distinction between publicly-held and privately-owned companies. Breach of fiduciary duty means the holding of something in trust for another¡±. The fiduciary duties of directors and other officers including act bona find (in good faith) in the best interest of the company; to exercise powers for their proper purpose; to retain their discretionary powers; and to avoid conflicts of interest..With the effective corporate governance and law, private companies and public companies all cannot abuse the principles of limited liability and separate entity. Jolles (00) suggested that the new corporate governance regime and the new standards of behaviour of directors and officers will apply not only to publicly traded companies, and that private companies should understand both the spirit and rationale behind the recent changes and adapt their practices accordingly. As corporate law begins to reflect the important changes in expectations for company boards and managements, including changes that will inevitably affect application of the business judgment rule, privately held companies would be wise to adjust their corporate governance policies and procedures. In conclusion, a market economy requires a structure of formal rules----a law of contracts, bankruptcy statutes, a code of shareholder rights. But rules cannot substitute for character. In virtually all transactions, whether with customers or with colleagues, we rely on the word of those with whom we do business. In fact the corporate governance reforms need the support from the law, but tougher criminal penalties aimed at punishing a few ¡°bad apples¡± will not be enough; the fundamental problems are systemic in nature. Thus, external regulation and penalties and internal regulation through corporate governance are all important to prevent bad behaviours of the management of companies. Moreover, not only large secure public corporation but also private companies are all suitable for limited liability which will help the economy booms, if successful corporate governance and relative law prevent the directors abuse the principles of limited liability and separate entity. Reference Lis.What is Corporate Governance, the encyclopedia about corporate governance available a.http//www.encycogov.com/ accessed 11.01.0.Shleifer, Vishny, P. 17, The Journal of Financial Times, p. 7.Shann Turnbull, P. 17, Corporate Governance Its scope, concerns & theories, Graduate School of Management Macquarie Universit.Phillip Lipton and Abe Herzberg, P. 001, Understanding Company Law, p. .¡°The Way We govern Now¡±, The Economist, P. Jan th, 00.Gonzalo Villalta Puig, P. 000, A Two-Edged Sword Salomon and the Separate Legal Entit.William A. Niskanen, P. 00, A Preliminary Perspective on the Major Policy Lessons from the Collapse of Enro.Alan Reynolds, P. 00, ¡°Expect Adverse Effects from new rules¡±, USA Today, August 15, 0.Remarks by Chairman Alan Greenspan, available a.http//usinfo.state.gov/topical/econ/mlc/00701.htm accessed 0.01.0.Ira. H. Jolles, 00, ¡°Corporate Governance Reforms for Privately-held companies¡.Marjorie Kelly, P. 00, Four Ideas For Reforming Corporate Governance After Enron, Business Ethics magazin.Sandra Berns and Paula Baron, P. 18, Company Law and Governance, Oxford University Pres.


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Wednesday, March 24, 2021

Julius Ceasar

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Getting someone to do something they don't want to can take time and effort. Persuasion takes a lot of words used in a good, persuasive way. In "The Tragedy of Julius Caesar" by William Shakespeare, Marc Antony took his time and effort to persuade the people of Rome.


Antony uses emotional appeal to move the crowd to tears. For example, he says, "my heart is the coffin there with Caesar, and I must pause till it come back to me" (750). This shows that Antony's display of grief was intentional. Antony, as he desired, received a reaction of sympathy and regret. In addition, Antony tells state, "to every Roman citizen he gives, to everything several men, seventy-five drachmas" (756). This shows that Antony want planned to stir the crowd's emotion by proving Caesar was a noble man. By sharing the contents of the will, he motivated the Romans to change their feelings toward Caesar's ambition. Emotional appeal was not the only persuasive technique Antony employed.


Antony uses repetition to draw in the crowd. For example, Antony says that Caesar is an ambitions man (754). Antony is trying to say that Caesar wanted a lot. Caesar wanted to achieve a lot of thing showing that he is ambitious. In addition, Antony calls Caesar an honorable man several times (750). Calling Caesar honorable several times would make the crowd change their thought towards Caesar. He keeps the crowds mind on Caesar being honorable because he keeps repeating himself. After using these techniques, Antony probably make the crowd think otherwise of Caesar.


In conclusion, persuasive techniques were used in this play. Persuasive techniques can also be used in real life situations when wanting someone to do something they don't want to do.


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Tuesday, March 23, 2021

Anzac Square and the shrine of remembrance

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Anzac Squar.Located in the busy city centre of Brisbane is Anzac Square. Anzac Square was constructed to commemorate those who served Australia in a war. This essay will examine the war memorial in Anzac Square as a landscape and analyse the ways in which semiotics, culture and framing shapes the messages and feelings that the audience experience when visiting such a war memorial. The essay will concentrate on the areas of metonym, metaphor, intertextual, circumtextual and extra-textual framing, along with cultural knowledge, code and convention..The lecture notes (week 8 00) state that a landscape is an identity that people can recognise, inscribe and collectively maintain certain places or regions in ritual, symbolic or ceremonial terms; conversely these places create and express socio cultural identity. The Anzac Square Memorial is named'The Shrine of Remembrance" and is a rotunda made up of 18 concrete pillars. At the base of these pillars is black metal fencing and on top of the pillars is a round concrete slab with the middle removed. Around the inside of the top of the rotunda are these words ANZAC, Cocos Islands, Romani, Jerusalem, Damascus, Pozieres, Bullecourt, Messines, Ypres, Amiens, Villers-Bretonneaux, Mont St Quentin, Hindenburg Line. On the inside base of these pillars are small lights that create mood for audiences who view the monument at night. The rotunda can be viewed from all angles due to the staircases that surround it and lead down into the park. Inside the rotunda is what is known as the'Eternal Flame of Remembrance'. This is made up of a green/black metal that has four legs and stands on a rounded block of the same colour and texture. On top of this stand is the flame. Around the base of the stand is the word'Remembrance' written twice. A park on one side and a road on the other surround the war monument. The frame is the busy city and there are many buildings that are visible no matter which angle the monument is viewed on. Around the monument are benches each with plaques dedicated to a different group of service men and women. There are four flagpoles one in each corner of the'chessboard' of green and yellow tiles that surround the rotunda. Behind the monument is a plaque with the words "For God Kind and Empire".Semiotics is the study of the way meanings are produced through signs. Semiotics studies anything that communicates meaning (Griffith University 17). This war monument uses semiotics in order to connect with its audience, using metaphor and metonym. This war monument uses metonymy through the writing of the place names above the concrete pillars. The words above the rotunda are all places that Australians have served prominently and by adding those words the monument becomes a small part of a larger picture. This larger picture will change with each war as the monument is now not for just one war, but for all wars in which Australia has had some participation in..


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Metaphor is also used when looking at the Shrine of Remembrance. The 18 concrete pillars are not just concrete pillars. There are 18 of them to represent the'Year of Peace' in 118 (Rogers and Long 00). The memorial itself has fluid lines and is easily accessible at yet it is strong, sturdy and functional and is able to withstand the elements. This is very much the image of the military forces that pride themselves on being strong and powerful in the face of adversaries.Another important aspect when analysing a landscape is to look at the framing. The intertextual framing of the Shrine of Remembrance is that it provides a link between this war monument and another (Griffith University 17). The evidence in this particular monument is the plaque, which states."To the Men and Women who by patriotism and sacrifice served their country during the Great Wars 114-118 16-145 and in Hallowed memory of those who made the supreme sacrifice this monument is erected by the people of Queensland..By viewing this plaque, the reader is invited to remember all those who served in war, yet the plaque can only be understood if they know what the Great Wars were and what they involved. Thus, the Shrine of Remembrance uses intertextual framing..A second aspect of framing is the circumtextual frame. This particular frame is that which surrounds the text and guides our interpretations (Griffith University 17). The circumtextual frame for the Shrine of Remembrance is the city centre. It reminds us that although we go along with out everyday lives, we must also remember that there are those in society and in the past who can't go along with the everyday activities that we take for granted. The frame is busy, yet the park and the Shrine are calm and relaxing and without the busy comings and goings of the city framing the tranquil feeling may not have the desired effect..The lecture notes (week 11 00) state that the Australian War Memorial produces an effect of national identity by organising contact within a sophisticated intertextual field. Modern discursive distinctions between history and memory, reality and theatricality, individual and collective, and secular and sacred become mutually inflected or contaminate though close proximity. The extra-textual frame is the information that we bring that is outside and separate to the text (Griffith University 17). It is extra knowledge that we bring to the text, which may create an oppositional reading to the one that many people would interpret. In this circumstance the extra-textual frame is the one that by reading the plaques and looking at the flame and experiencing the war memorial, a person will read that the soldiers who went to war and died went senselessly and that the Shrine of Remembrance is glorifying a bloody and irrational act and should be torn down.The next major aspect to look at and analyse is that of the cultural knowledges. These are the knowledges that members of a particular culture have in common (Griffith University 17). For example, a Japanese person will make a different reading of an Australian war memorial than an Australian person would due to the knowledges that may have been silenced in teachings in Japan. In the Shrine of Remembrance the names at the top of the rotunda would only have true meaning to a person who knew the significance of the places to the Australian people. Another is the assumed knowledge of the Eternal Flame of Remembrance. There is no plaque explaining why the flame is there. One must assume why the flame is there and it is therefore the assumed knowledge which makes the shrine much more meaningful for certain members of a particular culture..When you place all the elements of the Shrine of Remembrance together, you become aware of a code within the memorial. A code is made up of a set of signs and the rules for using and understanding them (Griffith University 17). In this case, the codes that are present are the Australian flags on the flagpoles, the name of the place that the shrine is located Anzac Square, and the location itself that together create a sense of national pride..Code works closely with the notion of Convention. The glossary (Griffith University 17) defines convention as a common social practice or agreement. The act of visiting the Shrine of Remembrance is a convention along with returning to the shrine each Anzac Day to lay wreaths of flowers. Convention is important for the function of a war memorial as without it, it is worthless and loses all meaning. Ken Inglis (18 cited by Nicoll 001 p. ) states that.‘a war memorial may signal exultation, pride, gratitude, mourning. It may even, though this is everywhere rare, express opposition to the war in question. People can pick and choose among the messages. The strength of each, moreover, may change over time and new messages may be added…whatever else they are, the memorials remain sites for mourning victims after war.' The evidence of convention at this site is the seats, for visitors to sit at, return to and rest and the garden, a place for many to enjoy whilst they return to mourn, remember or celebrate the lives of Australians soldiers..In conclusion, the Shrine of Remembrance is effective as a war memorial as it successfully evokes feelings of national pride and melancholy but most of all; it allows different people to bring their own ideas, meanings and feelings to the site. This is important for an effective landscape, as the purpose of a landscape is an ongoing relationship between people and place, it is something that both works, and does work. The Shrine of Remembrance and Anzac Square is a memorial that will continue to be visited by both locals and international guests for years to come as it works to connect with it's audience and provide a way of seeing.. Bibliograph.HARRIS, H., week 8 00. Landscapes. Brisbane Griffith Universit.HARRIS, H., week 11 00. Memorialising the Digger. Brisbane Griffith Universit.FACULTY OF ARTS, 17. Glossary of Terms. Brisbane Griffith Universit.RODGERS, P. & LONG, K., 17. Shrine of Remembrance Anzac Square, Brisbane. Anzac Day. Available from http//www.anzacday.org.au/education/tff/memorials/queensland.html [Accessed 10th June 00.


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