Federal Trade Comission

In the given case, the Federal Trade Commission claimed that Texas Surgeons Independent Practice Association(IPA) of 26 general surgeons in the Austin, Texas and six competing medical practice groups who are the members of this association (the respondents), Texas Surgeons P. A. (â€Å"Texas Surgeons†), Austin Surgeons, P. L. L. C. (â€Å"AS†), Austin Surgical Clinic Association, P. A. (â€Å"ASCA†), Bruce McDonald & Associates, P. L. L. C. (â€Å"BM&A†), Capital Surgeons Group, P. L. L. C. (â€Å"CSG†), Central Texas Surgical Associates, P. A. (â€Å"CTSA†), and Surgical Associates of Austin, P.A. (â€Å"SAA†), violated Section 5 of the Federal Trade Commission Act, 15 U. S. C.  § 45 by engaging in unlawful act of price fixing. FTC alleged complaint that the IPA organized collective refused to deal with two health plans, Blue cross Blue Shield and United Health Care of Texas, terminated the contract with Blue Cross Blue Shield and t hreatened to terminate contracts with the United Health Care of Texas if the payer refuse to agree with their demand of raising reimbursement rate. As per demand, both plans increased their rates.Blue Cross accepted a rate agreement with the respondents in early 1998 after facing problems getting an emergency room patient treated by a general surgeon. The respondents collectively secured rate agreement resulted nearly 30% above the April 1997 level. In this case, the practices of the respondents went against the welfare of the public, constitute unfair methods of competition and antitrust actions. This anti competitive action cost health plan, employers and patients, more than $1,000,000 for surgical services in 1998 and 1999 in the Austin, Texas area.In the mid-1970, the FTC formed a section within the Bureau of Competition to investigate potential anti trust violations involving healthcare. In the health care area, as in the case of any other field, the antitrust laws are enforced so check not only possible competitive harm but also the potential for pro competitive increase in efficiency, lower health care cost, provide better quality care to the consumers, enhance innovative strategy to provide improved quality care at low cost. Federal antitrust guidelines allow independent physicians to appoint a representative messenger to communicate with payers about fees and contract terms, but annot represent the competing physicians collectively. However, in this case, the Texas Surgeons IPA served as a vehicle for the six respondent medical practice groups to engage in actual refusals to deal, and to negotiate collectively, in order to receive higher prices from Blue Cross Blue Shield of Texas and United Healthcare of Texas. The six respondent medical practice groups furthered the unlawful act through their collective control of the Texas Surgeons IPA board of directors, and through their direct participation in collective fee negotiations between United and the T exas Surgeons IPA.The commission proposed a consent order as a remedy to prevent the respondent from getting indulge in future unlawful act that is alleged in the complaint while allowing respondents to engage in legitimate joint conduct. The proposed order prohibits the IPA from a) negotiating on behalf of any physician with health plans b) refusing to deal with health plan or threatening health plans to agree on their demand c) exchanging information among Austin area physicians regarding negotiations with any health plan regarding reimbursement terms d) determining the terms on which its members deal with health plans.The order contains three provisos that permit the respondents to 1. Negotiate for physicians limited to the same medical practice group; 2. Engage in conduct approved and supervised by the state of Texas; and 3. Engage in conduct that is reasonably necessary to operate ‘qualified risk- sharing joint arrangements- so long as they give adequate pre- notification . The commission’s proposal allows the IPA to avoid such claims of price- fixing and antitrust if it acts in one of two ways: ) Financial Risk Sharing: As a qualified managed care plan which allows competing providers to negotiate prices jointly without being charged with price fixing act by the Federal antitrust agencies if they share substantial financial risk on contracts . It means that participating providers share responsibility for staying within a defined budget. The antitrust agencies believe that the competing providers should work together to achieve common, procompetitive goals of reducing cost and improving quality. Share incentives could also focus on â€Å"quality† or Health outcome† factors.Both the way of risk sharing has potential of providing high quality care to the patient at low cost. 2) Messenger Model: The fifth provision (Section II. A. 5 of the proposed order) ensures that a neutral third party who is not a physician with an active pract ice in the Austin area, be the communicator between any respondent and any payer to deal with any terms. Under this arrangement, the network organization does not negotiate agreement with the payer about any term or price; it allows the individual providers to make an individual decision, based on proposal from payer.Physician individually, through third party, conveys and receives information, offers, and responses from the payers or providers. However, the individual providers can give â€Å"sign off† authority to network organization within specified range. In addition, the commission order ensures that any respondent who are intending to use messenger model arrangement should provide prior notification to the commission. Price- fixing agreements among the competitors are not accepted by law. It is considered serious act because the consumers, plans and employers pay heavy price for it such as, †¢ Consumers loss the benefits of competition Increases the health care co st; Blue Cross, United, their individual subscribers, and employers paid more than one million dollars were paid for the services of surgeons. Therefore, review of such cases is crucial to encourage the competitor to work together as a team to improve quality of services, while reducing cost. References http://www. crowell. com/documents/DOCASSOCFKTYPE_PRESENTATIONS_705. pdf http://www. accessmylibrary. com/article-1G1-77013366/texas-surgeons-settle-price. html http://www. ftc. gov/os/2000/05/texascmp. htm Federal Trade Comission In the given case, the Federal Trade Commission claimed that Texas Surgeons Independent Practice Association(IPA) of 26 general surgeons in the Austin, Texas and six competing medical practice groups who are the members of this association (the respondents), Texas Surgeons P. A. (â€Å"Texas Surgeons†), Austin Surgeons, P. L. L. C. (â€Å"AS†), Austin Surgical Clinic Association, P. A. (â€Å"ASCA†), Bruce McDonald & Associates, P. L. L. C. (â€Å"BM&A†), Capital Surgeons Group, P. L. L. C. (â€Å"CSG†), Central Texas Surgical Associates, P. A. (â€Å"CTSA†), and Surgical Associates of Austin, P.A. (â€Å"SAA†), violated Section 5 of the Federal Trade Commission Act, 15 U. S. C.  § 45 by engaging in unlawful act of price fixing. FTC alleged complaint that the IPA organized collective refused to deal with two health plans, Blue cross Blue Shield and United Health Care of Texas, terminated the contract with Blue Cross Blue Shield and t hreatened to terminate contracts with the United Health Care of Texas if the payer refuse to agree with their demand of raising reimbursement rate. As per demand, both plans increased their rates.Blue Cross accepted a rate agreement with the respondents in early 1998 after facing problems getting an emergency room patient treated by a general surgeon. The respondents collectively secured rate agreement resulted nearly 30% above the April 1997 level. In this case, the practices of the respondents went against the welfare of the public, constitute unfair methods of competition and antitrust actions. This anti competitive action cost health plan, employers and patients, more than $1,000,000 for surgical services in 1998 and 1999 in the Austin, Texas area.In the mid-1970, the FTC formed a section within the Bureau of Competition to investigate potential anti trust violations involving healthcare. In the health care area, as in the case of any other field, the antitrust laws are enforced so check not only possible competitive harm but also the potential for pro competitive increase in efficiency, lower health care cost, provide better quality care to the consumers, enhance innovative strategy to provide improved quality care at low cost. Federal antitrust guidelines allow independent physicians to appoint a representative messenger to communicate with payers about fees and contract terms, but annot represent the competing physicians collectively. However, in this case, the Texas Surgeons IPA served as a vehicle for the six respondent medical practice groups to engage in actual refusals to deal, and to negotiate collectively, in order to receive higher prices from Blue Cross Blue Shield of Texas and United Healthcare of Texas. The six respondent medical practice groups furthered the unlawful act through their collective control of the Texas Surgeons IPA board of directors, and through their direct participation in collective fee negotiations between United and the T exas Surgeons IPA.The commission proposed a consent order as a remedy to prevent the respondent from getting indulge in future unlawful act that is alleged in the complaint while allowing respondents to engage in legitimate joint conduct. The proposed order prohibits the IPA from a) negotiating on behalf of any physician with health plans b) refusing to deal with health plan or threatening health plans to agree on their demand c) exchanging information among Austin area physicians regarding negotiations with any health plan regarding reimbursement terms d) determining the terms on which its members deal with health plans.The order contains three provisos that permit the respondents to 1. Negotiate for physicians limited to the same medical practice group; 2. Engage in conduct approved and supervised by the state of Texas; and 3. Engage in conduct that is reasonably necessary to operate ‘qualified risk- sharing joint arrangements- so long as they give adequate pre- notification . The commission’s proposal allows the IPA to avoid such claims of price- fixing and antitrust if it acts in one of two ways: ) Financial Risk Sharing: As a qualified managed care plan which allows competing providers to negotiate prices jointly without being charged with price fixing act by the Federal antitrust agencies if they share substantial financial risk on contracts . It means that participating providers share responsibility for staying within a defined budget. The antitrust agencies believe that the competing providers should work together to achieve common, procompetitive goals of reducing cost and improving quality. Share incentives could also focus on â€Å"quality† or Health outcome† factors.Both the way of risk sharing has potential of providing high quality care to the patient at low cost. 2) Messenger Model: The fifth provision (Section II. A. 5 of the proposed order) ensures that a neutral third party who is not a physician with an active pract ice in the Austin area, be the communicator between any respondent and any payer to deal with any terms. Under this arrangement, the network organization does not negotiate agreement with the payer about any term or price; it allows the individual providers to make an individual decision, based on proposal from payer.Physician individually, through third party, conveys and receives information, offers, and responses from the payers or providers. However, the individual providers can give â€Å"sign off† authority to network organization within specified range. In addition, the commission order ensures that any respondent who are intending to use messenger model arrangement should provide prior notification to the commission. Price- fixing agreements among the competitors are not accepted by law. It is considered serious act because the consumers, plans and employers pay heavy price for it such as, †¢ Consumers loss the benefits of competition Increases the health care co st; Blue Cross, United, their individual subscribers, and employers paid more than one million dollars were paid for the services of surgeons. Therefore, review of such cases is crucial to encourage the competitor to work together as a team to improve quality of services, while reducing cost. References http://www. crowell. com/documents/DOCASSOCFKTYPE_PRESENTATIONS_705. pdf http://www. accessmylibrary. com/article-1G1-77013366/texas-surgeons-settle-price. html http://www. ftc. gov/os/2000/05/texascmp. htm

Evaluating Environmental Regulation Essay Example | Topics and Well Written Essays - 500 words

Evaluating Environmental Regulation - Essay Example Research reports that, the vast percentage of ecological damage is done before a product reaches the consumer, not afterwards: For every ton of post-consumer waste there are 20 tons of hidden pre-consumer waste, as the manufacturing process makes its way from forest, field and mine to supermarket shelf. An estimated 94% of the materials extracted for use in manufacturing durable products become waste before the product is even manufactured. Only 6 per cent of minerals and renewable materials extracted each year are embodied in durable goods. Humans have always created waste. In medieval Europe, for example garbage was damped on the streets where the crows and dogs took advantage of it. When the streets got too smelly, they were collected in carts and dumped it outside the city walls. Consequently, there is certainly a lot to dispose of waste. Americans produce 800kg of post-consumer waste per person per year. Europeans produce 400 kg. Between 1980 and 1985 every OECD country (except Germany and Japan) increased its flow of municipal solid waste - Ireland by as much as 72%. Between 1940 and 1976, the USA consumed more minerals than the whole of humanity did prior to 1940.

Service Quality Essay Example | Topics and Well Written Essays - 3000 words

Service Quality - Essay Example Satisfaction, Loyalty and Retention†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..5 Staff Recruitment, Training and Service Strategy†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦6 TQM (total quality management)†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.6 Chapter 2†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Methodology†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Chapter 3†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Primary findings†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦7 Chapter 4†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.13 Recommendations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.13 Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.13 Appendix†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦14 References†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..17 Abstract: The hospitality industry is surviving on high quality of services on a reasonable price. The customers are the revenue generators for the business houses and that is the reason they must be provided with the great quality service so they become the loyal customers. For any business empire whether it is small or big, the primary focus is how to retain their existing customers and how to acquire new customers. To retain the existing customers the in-depth understanding of the customer needs is very important. The service quality has become the primary focus of most of the organizations. Mainly for the fast food centers the service qualities are the baseline for the improvement of their performances. The service oriented factors are deeply associated with the loyalty programs (Brooks, 2010). The Service quality gap model gives the perfect picture of the gaps between the service given and service expected. This paper will focus on all the aspects of having good quality services and it will take an attempt to find out the customers perception about the best quality service. Introduction: In the hospitality industry the quality speaks the ultimate word. The hospitality industry is based on the service qualities of the people in the shops or in the restaurants. For many times it has been seen that even after providing the best survives the customers are not satisfied. In these cases the reason behind the dissatisfaction is very important to understand for the fast food centers. The service gap models help the managers to understand the gaps between the service provided and the services wa nted by the customers. However, in the recent time it is better to know the reaction from the mouth of the real time customers. And that is the reason, the primary data collection is very important. in. The primary and secondary data are important to support the outcome of the services related to the customer satisfaction. In regards to this research, the secondary data are collected from many secondary resources like online websites, articles, books and journals related to the customer satisfaction and service quality. And the primary data are colle

History of New York City Essay Example | Topics and Well Written Essays - 1250 words

History of New York City - Essay Example Most of the names drawn were that of Irish people, whose opposition to the Civil War became all the more pronounced in 1863. The blacks were exempted from this enlistment. This is what triggered the Draft Riots in 1863. The Irish men foresaw the 'freeing of slaves' as detrimental to their work, position and power. The liberated slaves of the south would now occupy the northern markets as cheap labor and take the place of the Irish men. This was one of the major factors, which made the Irish anti-abolitionists. The violent Irish would do anything to safeguard their low wage jobs. New York was the epicenter of the Draft Riots in the year 1863. (Burrows and Wallace, 883). The angry rioters burnt down several buildings on the Third Avenue, Lexington Avenue and 52nd Street. The violent outbursts affected the businesses and properties of many. The attack on the Steinways & Son factory was one such case, which is hardly dwelt upon in previous accounts of the Draft Riots. An Irish settlement near Central Park was burnt down. Fighting continued into the next day on the 1st and 2nd Avenues and 21st street. Some vehicles were seen on the road. A few shops also resumed their services. A large military unit comprising 6000 soldiers combined with a thunderstorm weakened the force of the rioters to a great extent. Peace was restored on July 17th with a speech by the Archbishop Hughes's to mark the occasion. The death toll estimated was approximately 119 and 195 were reported injured. Steinway & son The mass migration which took place in the 19th century saw a major inflow of people from European countries to New York and the United States of America. One such family was that of Steinways. (Steinway: Immigration, Family Business, Neighborhood. A New York Story, 2001). The Zollverein was formed in 1834 to encourage free trade. Most of the German states joined the Zollverein. Owing to tariffs on iron and textile goods, the north-western German states refrained from joining. This hit the Steinways (known as Steinweg then) and other manufacturers hard, as they were required to pay heavy duties for transporting their goods to the north. In the middle of the 1850's, the infected potato crop in Ireland had a disastrous impact on German crops. Agricultural decline, agitation, and a poor economy led many Germans to seek for better opportunities in America. (Lieberman, 35-37) With stricter regulations on trade, the piano making business of the Steinways suffered much and they decided to leave their village Seesen in Germany for America. Charles, one of the sons of Henry E. Steinway, left for America in 1849. With trade and business becoming all the more difficult and the failed February Revolution of 1848, in which Charles participated, the decision to leave for America became indispensable. (Ehrlich, 48) The development of various shipping companies and cheaper travel fares in the 19th century had brought many people to America. A cultural and manufacturing hub of America, New York attracted many immigrants, amongst which Steinway's family deserves special mention. A leading center of piano production, New York held a lot of promise for the Steinways. This was the

Lease Essay Example | Topics and Well Written Essays - 500 words

Lease - Essay Example he FSAB standards, the lease agreement is for the use of the combustion turbine which could qualify as a capital lease because it is an agreement for the use of a piece of property that could be classified as an asset. The first item to be assessed is the legal fees arising in connection with the lease, i.e., $500K to Stipe, Berry, Mills and Buck, together with $1 million in legal fees incurred by Goliath Co. These expenses would fall under the category of external expenses that are not incurred on a sustained basis, but rather are a one-off expense. They do not fall under the category of a recurring expense and moreover, the total value of the payments as mentioned above, is unlikely to add up to a sum that is greater than 90% of the fair value of the leased asset, i.e., the combustion turbine. This expense can however be included in the Balance sheet of the Company as an establishment expense, which would fall under the category of a one-time expense for setting up the lease. The a dvantage of this method is that it could contribute towards the payment of lower taxes to be paid on incomes gained from the leased property during the first year of lease. In regard to the second provision, the lease is a capital lease that would fall under the category of a direct financing lease, because lease payments are being made by a bank and Goliath Company which is leasing out the asset does not gain any share in the profits of Big Bear. The default provision in the lease requires a penalty payment from Big Bear if there is a â€Å"material adverse change† in its financial condition. Although this term is not specifically defined under the agreement, nevertheless the direct inference would be construed as any change in financial circumstances that lead to Big Bear being unable to make its payments. The inclusion of a penalty payment is a fairly standard provision within a lease document, but the instigating factor is a default in the bank’s credit arrangement. This

ESTELLE v. GAMBLE, 429 U.S. 97 (1976) Annotated Bibliography

ESTELLE v. GAMBLE, 429 U.S. 97 (1976) - Annotated Bibliography Example After a few days of treatment Gamble was reinstated to his normal duties but still complained of pains. He was sent to administrative segregation under the care of another doctor. He was taken to the prisons’ discipline committee for scrutiny and admonished to work but declined with complaints of intense back pain. While in confinement, Gamble asked for a chance to meet the doctor for further treatment but the prison but was denied the opportunity by a prison warded. This left him with no option but to continue suffering the pains. Gamble sued W.J. Estelle who acted as the Junior Director in the Department of Correction, H.H. Husbands who was a prison warden and Dr Gray Ralph, a medical practitioner in the Texas Department of Corrections. In the presentation, Gamble claimed infringement of his right to fair treatment envisioned in the Eighth Amendment to the US Constitution by the triple when he was subjected to inhuman punishment leading to his back injuries. The court had to determine if the prisoner was subjected to deliberate indifference treatment by the prison officials. The court also had to determine whether the complainant received any medical attention after the injury as per the requirement of the law. In addition, the court had to determine if the complainant had access to a health professional within or after the timeline when he placed his request. Furthermore, the court had to find out whether the patient was relieved of his duties immediately after reporting the injury and during treatment. The most fundamental issue was to determine if at any case the prison officials violated the cruel and unusual treatment clause of section 42 of the Eighth Amendment to the US Constitution. Since the plaintiff, Gamble had been subjected to harsh and severe treatment while in prison, the legal principle most applicable is the Eighth Amendment protection

Art works Essay Example | Topics and Well Written Essays - 750 words

Art works - Essay Example v=FIVAEwjiU8I However, it is also no longer there. Due to copyright issues, they changed the music. The new music is more appropriate to the geographical location, but it does not have the power of the original, and there really is no narrative. The actual show in Hang Zhou is here: https://www.youtube.com/watch?v=MSMDgMhfM_M I found this because I was a little suspicious of the Chinese watermark on the building face in the upper right corner of the screen. Since a Chinese travel site is responsible for a link to this video, perhaps it was intentional. However, the fountains in Hang Zhou seem more tuned to their music. It is possible that the sound actually controls the fountains. This is not the case in Dubai. In the first video there was a slight disconnect, because of this. The first musical fountin I ever saw was in Seattle and the music actually controls the fountain. It is only one fountain, but an excellent experience, since there is no disconnect between the audio and the vis ual. The location of the Chinese musical fountain is really worth noting as a work of art in itself. West Lake in Hang Zhou is three large lakes joined by bridges, and it has been developed as a local and tourist attraction based mostly upon the Legend of the Snake Lady. Many attractioins have been created and they are all affordable even to the lowest wage earners in China at ranging from 10 rmb (1.5 cents USD) to 75 rmb (9 cents USD)Ten wood carvings are located in Leifing Pagoda and a nightly show of music and dance telling the tragic story of the snake who turned into a lady and fell in love with Xu Xian . "Leifeng Pagoda in Evening Glow" is one of â€Å"Top Ten Views of West Lake†. In the pagoda, you also can find a series of wood carvings themed Legend of the White Snake. Faced on three sides by typical Chinese landscapes of cloud shaped hills, the lake has been developed artistically as a World Heritage Site. The light and fountain show, Time to Say Goodbye is located in an inlet on the lake shore where these hills are the visible background on one side and the cityscape is the other. The fountain show plays nine to eleven times daily and it is free. https://www.youtube.com/watch?v=GXCTt8hXtF8 I found this video of the rather disturbing. I would not walk twelve blocks to see it. There was no narrative to connect the audio and the video. The sculpture was nice and changing the lights and colors is a great idea. But nice is not art to me; it is decoration. I would also prefer more musical sound, perhaps short musical sound bytes. The sound was the most disturbing element of this work, as it also had no connection, but seemed like a selection of random sounds, some quite unpleasant with random spaces of silence. Then if the viewer could control the whole exhibit somehow, either with a keyboard or with a pressure board or even video it could become quite interesting. As it is, it is obviously an expression of feeling, but it seems more like a nightma re, or indigestion. Of course this might have been intentional if the artist dislikes human creations and thinks they should not be seen alongside nature. I was unable to find out anything about this video, so I cannot even guess by the other works of this artist or by his or her history. Because of the extreme disconnection between the very ordered stack of blocks and the weird sounds, I assume that this is an intentionally