Corporate Social Responsibility and Globalisation (find a topic on it) Essay

Corporate Social Responsibility and Globalisation (find a topic on it) - Essay Example It reveals the way many companies have tried to employ CSR strategy in order to achieve successful business performance in the competitive global market. Globalization has contributed to varied changes in the international business activities. The literature attempts to analyze the way global integration has radically risen due to increased technological advancement; thus stakeholders have now started implementing CSR strategy in order to sustain their business in the competitive global market. Thus, despite the growing concern to the global CSR frameworks and globalisation issues, the literature review systematically examines the increased concern on adherents to these frameworks for the last decades. Global corporate social responsibility has emerged in the last decades as the significant strategy employed by varied multinational corporations in the global business for creating effective business performance. In spite of the growing concern of CSR and globalisation aspects, many scholars have attempted to examine the increasing number of adherents to the CSR frameworks (Lim and Tsutsui 2012, p. 2; Zaremba 2009, p. 127). From a rational actor model, the increased number of CSR is a puzzle since the costs and benefits associated with these frameworks are profoundly uncertain (Lim and Tsutsui 2012, p. 2). Many multinational companies that have attempted to operate their business across the globe have considerably gained some public relation benefits for demonstrating their commitment to CSR principles. Although corporations employing CSR might gain public relations benefits, some of them have been accused of making empty promises and evading regulatory devices. Many scholars have argued on the issue of CSR in relation to the multinational corporations and their capability to adhere to the international policies where they operate (Cramer, 2006, p. 78;

Discuss the concept of The Johari Window as a model for personal and Essay

Discuss the concept of The Johari Window as a model for personal and group development - Essay Example ft and Harry Ingham, who conduct studies on human personal characteristics and how it positively or negatively impacts individual, or group behaviour and interaction. Since different people possess different behaviour attributes, it is necessary to know both individual and group behaviour in the context of work environment, not only for gaining optimum work output, but also to ensure harmonious interaction between different members of the group. Through knowing ourselves deeper, broader and better, especially our interacting and interfacing with others, it is possible to introduce positive personality changes in our outlook and interpersonal relations with others- superiors, peers and subordinate groups. This could bring about more effective communications, greater degree of understanding and empathy with others as well as greater a more constructive and harmonious relations with other individuals in our working place. In the long run, this could reap rich benefits for all members of the force and, more significantly, entire corporate as a whole unified unit. At the first stage, a list of attributes or characteristics are provided to the respondents, from which the respondent has to choose a few attributes which he believed he possesses- these could be adjectives like supportive, noble, patience, tolerance, empathy, caring, helping, modest, etc. The list of what the respondents thinks about himself, and what other peer groups, or members of known circles think about him, are compared and fitted in the appropriate quadrant of the Grid Matrix shown below: The four quadrants mentioned above represent the four possible permutations and combinations in terms of one’s self opinion about oneself vis-à  -vis what others may think about the respondent. â€Å"Each of these regions contains and represents the information - feelings, motivation, etc - known about the person, in terms of whether the information is known or unknown by the person, and whether the information

A Content Analysis of Internet Sites Essay Example for Free

A Content Analysis of Internet Sites Essay This study is an analysis of pornography of a violent nature on the internet. There were found to be varied definitions of pornography such as â€Å"sexually explicit material† and â€Å"material that combines sex and or exposure of genitals with abuse or degradation that appears to endorse, condone or encourage such behavior. † The purpose of this study is to explore the harmful effects of pornography on relationships between males and females and not so much the actual content of the sites. There was also a review of earlier research that was done. Prior analysis also included different mediums such as movies and printed magazines. The research design was specific to internet websites that marketed their sites specifically promoting violence and sex. The research included thirty-one such websites. The methods of research were various search engines, links on websites that provided links to other sites and pay for view sites through explicit advertising. Websites were compared by overall content and strong explicit images and text. The findings discovered repetitive themes and images as well as invitations to access interactive websites or programs. Research also found that the setting, type of force, instruments used, number of victims and perpetrators and race were clearly displayed. More details of the victims were revealed while little was revealed about the perpetrators. An Analysis of Intercollegiate Media Guide Cover Photographs The cover photographs marketed a pre-conceived definition of male and female athletes. The focus of this analysis was to determine how men and women athletes are portrayed on and off court based on the cover photographs. The findings were determined by asking the following questions. Was the photograph taken on or off court? Was the athlete in uniform and were they posed? Did the photograph reveal athleticism? Was there sexual suggestion of either femininity or masculinity? It found that media perpetuates inequalities between male and female athletes and influences the viewpoint of the public. Media also tends to promote the muscularity and superiority of men. The physical appearance and femininity of female athletes takes precedence over athletic abilities and performance. Getting Your Body Back This analysis was to determine how the magazine portrayed pregnancy and motherhood relative to fitness. Pregnant women have a great deal of anxiety and corporations take advantage of that and use it to market the importance of fitness before, during and after pregnancy. Fitness is portrayed as a form of empowerment and control in a woman’s life and being out of shape depicts excessiveness, lack of self-control and devalues the femininity of women even during pregnancy. It also portrays fit women as having the capacity to â€Å"do it all. † Works Cited Gill, Jugdeep Kaur. Tips on Summary Writing. 12 October 2008. The Star Online. 16 October 2008   http://www.thestar.com

Influences of American Antitrust Principles on Golf

Influences of American Antitrust Principles on Golf Are the Rules of Golf in violation of Antitrust Law? Abstract: Today, the two regulatory bodies for golf, the United States Golf Association (USGA) and the Royal and Ancient Golf Club of St. Andrews (RA) establish the technical specifications for golf equipment. Indeed all major sports would have some regulatory body undertaking the same activity. The purpose of this paper is to analyse the extent to which American antitrust principles will influence the application of Australian antitrust (or competition law) canons to the Rules of Golf. In Australia, the rules promulgated by the regulatory bodies are adopted through its national association, Golf Australia, upon a delegation from the Royal and Ancient Golf Club of St. Andrews. The issues specifically raised are whether regulation of golf equipment improperly excludes innovative products from reaching the market place (ss45/4D of the Trade Practices Act 1974 (Aus) with this provision somewhat equivalent to  §1 of the Sherman Act 1890 (US)), and second, whether the golf regulators are unfairl y exercising market power (s46 Trade Practices Act 1974 (Aus) this section broadly parallels  §2 of the Sherman Act 1890 (US)). With precedential case law emanating from the United States, it is possible, if not probable, that a manufacturer (be they Australian or international) may look to the Australian courts as a medium by which their innovative and ground-breaking product can reach the hands of avid golfers. This article examines the United States litigation and applies it to the above-mentioned competition law principles. It has particular relevance to a United States audience given that American manufacturers dominate the retail market for golf clubs in Australia. A framework will be presented against which sporting equipment regulators can test the validity of their rules regarding equipment restrictions. Whilst golf will be the background for this critique, the analysis is equally relevant for any sport (if not all), which contain such limitations. Introduction There is no doubting the importance of sport to the human psyche. From an Australian perspective it is an inherent part of the Australian persona, developed as part of our culture. Whether it is our wealth, weather, availability of land or some other reason, many Australians participate in any number of outdoor and indoor recreational pursuits that come within the broad rubric of sports. As one of the most prominent activities, golf occupies a specific niche in the Australian community. With approximately 1.139ml (or 8% of the population) playing, the related employment of 20,000 people, club revenues of $1.1bn, 30ml rounds played annually, at least 20 male players on the United States Professional Tour and the number nine ranked female player in the world (Karrie Webb), Australia is rightfully positioned as the worlds number two golfing nation, behind only the United States of America. However, for every golfer frustrated with a short game that begins off the tee, a putter that uncomfortably yips at impact, or a ball that doesnt respect the modern mantra of mental visualisation, a lingering question remains, to what extent do the technology restrictions imposed by the regulators of golf actually protect the fundamental values that lie behind the game? Perhaps more specifically, do the contemporary developments such as the conformance test for the ‘spring-like effect off clubheads, or the limitations on the distance that a ball can travel serve to protect the skill level of the game, or simply restrict competition amongst innovative manufacturers whilst at the same time exasperating the legion of players in the game. Has tradition been preserved at the expense of progress? Development and growth in sporting equipment is about innovation, (if not in society), and on a simplistic level restrictions prevent competition amongst companies who must create to sell th eir product to the consumer. Subject to normal use, golf clubs will last for many years if not decades. To purchase new equipment, the golfer needs to be convinced that the latest contrivance (such as the redirection of the weight in the head of the club; the redesigning of the geometry of the dimples on the golf ball, or the adjustability of the shaft), will see that golfer move imperceptibly closer to the utopian ideal of swing perfection. But the question remains how can a conventional competition law analysis allow sporting administrators the opportunity to engage the game and its participants with its fundamental values, or does sport (as a fundamental part of Australian society) simply need to mend its way to fit within the competition law ideals promulgated and promoted by governments of all persuasions. United States Litigation The genesis for present day litigation has been the United States of America. In a golfing context, two cases dramatically highlight the antitrust implications of the Rules of Golf: Weight-Rite Golf Corp v United States Golf Association and Gilder v PGA Tour Inc. Weight-Rite Golf Corp v United States Golf Association concerned an action brought by a manufacturer and distributor of (among other things) a particular golf shoe. The plaintiff had designed a golf shoe to promote stability and appropriate weight transference in the swing. The USGA issued a determination banning the shoe alleging that it did not conform to the USGAs Rules of Golf. However, Weight Rite argued that the USGA determination amounted to a group boycott or concerted refusal to deal. In the United States, this is per se unlawful under the Sherman Act (in Australia this would be per se illegal under s45 of the Trade Practices Act 1973), no lessening of competition need be established. As noted by the Court these types of practices are: â€Å"agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use†. However, in addition, Weight Rite submitted that even if the per se rule was not applicable, the USGAs action violated the rule of reason, that is, its actions lessened competition. Weight Rite was unsuccessful. The USGA had not violated any procedural fairness requirements nor had an unreasonable restraint of trade occurred. The court found that the USGA had an established procedure for the verification of new equipment, whereby golf equipment manufacturers may, prior to marketing a product, obtain a ruling from the USGA as to whether the product conforms to the Rules of Golf. Given that Weight Rite had not availed itself of this procedure, despite notification to do so from the USGA, injunctive relief was not available to the plaintiff. Gilder v PGA Tour Inc Gilder v PGA Tour Inc concerned, at the time, the most popular selling golf club in the world, the ‘Ping Eye 2. This club was developed following an amendment in 1984 whereby the United States Golf Association had permitted the manufacture of clubs containing grooves that were in the shape of a U (as opposed to a V) this rule change coming about because of technical improvements in the way clubs were manufactured, rather than manufacturers seeking to gain an innovative advancement to their clubs. This contrasted with earlier clubs where the grooves were all the shape of a V- a diagrammatic representation from Figure XI of the current rules of golf shown below. In 1985 a number of players complained that the U-grooves had detracted from the skill of the game. The specific allegation was that U-grooves imparted more spin on the golf ball, particularly when hitting from the rough. The USGA conducted further tests and whilst they considered that more spin was added to the golf ball by the U-grooves, not enough information was available to ban clubs with this type of face pattern. However, the USGA did amend how it would measure the spaces between the grooves (the so-called groove to land ratio) and this had the effect of banning the ‘Ping-Eye 2 with this rule applying to all USGA tournaments from 1990. Gilder and seven other professionals, funded by the manufacturer of the ‘Ping-Eye 2 (Karsten Manufacturing Corporation), began proceedings against the PGA (the administrative body for professional golf tournaments in the United States of America) for adopting the rule that led to the banning of the club. They alleged that the actions of the PGA and its directors violated  §1 and  §2 of the Sherman Act and Arizona antitrust laws. To support its case, Karsten presented, in the United States Court of Appeal, economic evidence that there had been no negative impact for the PGA Tour by professionals using the ‘Ping-Eye 2. This included a quantitative study that the percentage of money won by players using the golf club was less than the percentage of players not using the club. Furthermore, there was no proof that Ping golf clubs led to a greater number of players getting their balls to the green in less than regulation. The evidence of the professionals was as expected that changing clubs would adversely hurt their game, with this impacting on prize money won and endorsement income. By contrast, the PGA considered that success for Karsten would irreparably damage its standing as the governing body. If their reputation were diminished, it would then have difficulty formulating rules for the conduct of tournaments under its control. However, the Court in comparing the harm done to the manufacturer and the p layer, as against the PGA Tour found in favour of the manufacturer. The damage done to the prestige and reputation of the PGA paled in comparison with the financial harm to the players and Karsten. An injunction was granted preventing the ban of the club going ahead and with this in mind, both the USGA and the PGA settled the outstanding litigation with Karsten. This saw Karsten acknowledging the USGA as the principal rule making body, the PGA as the administrative organisation in charge of tournaments with an independent equipment advisory committee established to oversee the introduction of innovations. Both sides claimed victory the USGA and PGA retained their positions as the authoritative rule-setters for golf and tournament play, the manufacturer and players able to continue to use the ‘Ping-Eye 2. With this background in mind, this paper will consider the application of Australian competition (or antitrust) law to the restrictions presently imposed by the regulators within the current Rules of Golf. Are these restrictions hampering competition in the market place and serving to dampen the innovative market in golf clubs. Do they prevent ground-breaking products from entering the competitive fray, and will the deference shown to the sporting regulators in the United States (with Gilder v PGA Tour the exception rather than the rule), be followed if Australian litigation was to occur? Specifically, within the Australian context, does ss45/4D (broadly similar to  §1 of the Sherman Act 1890 (US)) and s46 of the Trade Practices Act 1974 (equivalent to  §2 of the Sherman Act 1890 (US)) prevent Golf Australia (the national administrator of Golf in Australia) from endorsing the technology restrictions imposed by the United States Golf Association and the Royal and Ancient Golf Club of St. Andrews? The Rules of Golf The USGA and the RA have collaborated to issue a joint statement of principles concerning advancements in technology. With a focus on what is perceived as golfs traditions, the rule-makers indicate a continued preference for a single set of rules and the need for these Rules to enhance the skill of the player rather than the quality of the equipment. With this in mind, the Rules of Golf state: â€Å"4-1(a): The players clubs must conform with this Rule and the provisions, specifications and interpretations set forth in Appendix II.† Appendix II then establishes, over the course of eleven pages, the rules regarding the design of clubs, with, for example, clause 4(c) being of contemporary concern because of its effect in limiting the spring-like effect of golf clubs. â€Å"The design, material and/or construction of, or any treatment to, the clubhead (which includes the club face) must not: have the effect of a spring which exceeds the limit set forth in the Pendulum Test Protocol on file with the R&A; or incorporates features or technology including, but not limited to, separate springs or spring features, that have the intent of, or the effect of, unduly influencing the clubheads spring effect; or unduly influence the movement of the ball.† The Pendulum Test Protocol then sets out that a driving club is to be impacted several times by a small steel pendulum (see diagram 2). The time between the impact of the clubhead on the pendulum is then recorded, with this time directed related to the flexibility of the clubhead. The time cannot exceed certain parameters. Pendulum Test Protocol Mechanism The length golf balls can travel is also restricted. Appendix III, clause 5 provides that the â€Å"The initial velocity of the ball must not exceed the limit specified (test on file) when measured on apparatus approved by the [the regulator].† These rules apply in Australia with the Royal and Ancient Golf Club of St. Andrews, through its rules making entity (the RA Rules Limited) delegating to Golf Australia the role of administering the Rules of Golf within Australia. Current Technology Debates As noted the most recent debate between manufacturers and the regulatory bodies concerns the so-called spring-like effect of club faces. The creation and fusion of new materials in the manufacturing process has reduced the distortion that occurs to a golf ball on impact. By reducing this (through the club-face giving slightly and then rebounding), an overall increase in distance was able to be achieved. Until recently, there had been no adequate measure to test this effect, but with the introduction of the Pendulum Test Protocol, the USGA and the RA now have the opportunity to measure this accurately. However, the introduction of these measures led to a sharp decline in the share price of golf club manufacturers, and â€Å"[a]s one investment analyst commented, ‘if a governing body tells a leading-edge technology company that they cant improve technology, it puts them out of business. This debate stands at the fore of golf, with the industry view provided by the President of K arsten Manufacturing: â€Å"If the USGA restricts innovation, it will artificially restrict competition. Golfers will no longer receive the best possible equipment and will incorrectly perceive that all golf drivers are the same and there is nothing new or improved. The lack of excitement from the game will decrease interest in golf†¦Ã¢â‚¬  A second issue concerns the relationship between club face markings and the impact of the ball on the clubhead. As every golfer knows, inexorably connected to driving distance is accuracy. However, recent studies from the regulators highlighted that correlation between driving accuracy and success on the professional tours was no longer high, with further evidence illustrating the combination of current golf balls with a thin urethane cover had significantly increased the spin of the golf ball. This led to the Rules being tightened from January 1, 2008 (with this limiting the width, depth and spacing between grooves). However, non-conforming clubs can be used by non-elite golfers until 2024, with the professional golfers to adopt the rule from 2010. One final contemporary topic concerns the degree to which the club should be able to twist upon impact (the so-called ‘moment of inertia (see diagram 3- this machine able to test how much a club twists upon impact)), the regulators suggesting that technology which limits the clubhead and shaft twisting will reduce the skill component of the game. The rules now provide that when the â€Å"†¦moment of inertia component around the vertical axis through the clubheads centre of gravity must not exceed 5900 g cm ² (32.230 oz in ²), plus a test tolerance of 100 g cm ² (0.547 oz in ²).† As noted by the RA the purpose is to provide for protection â€Å"against unknown future developments†¦whilst allowing some technological evolution.† Moment of Inertia Test Machine Australian Antitrust Law Australian antitrust (or, as it is known, competition law) derives from, though with substantially different wording than, the 1890 United States Sherman Act. Because of this, the previously mentioned litigation from the United States will be of distinct precedential value when the matters are litigated in Australia. In this section an examination is given of the applicability of ss45/4D and s46 of the Trade Practices Act 1974 to the scenario detailed above. Is Golf Australia, through its adoption of the Rules of Golf on a delegation from the regulators in breach of either of these provisions.? The application of ss45/4D of the Trade Practices Act 1974 Section 45(2) of the Trade Practices Act states that: A corporation shall not: (a) make a contract or arrangement, or arrive at an understanding, if: (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition.. The latter part of this legislation can quickly be dismissed. In Australia, golf will not be seen as a discrete market of the purposes of antitrust analysis. For this reason an argument that there is a substantial lessening of competition (s45(2)(a)(ii)) by the imposition of technical restrictions for a particular sport is unsustainable. The per se exclusionary provision prohibition established by section 45(2)(a)(i) is somewhat equivalent to  §1 of the Sherman Act 1890 (US) however, one important difference can be noted. As Weight-Rite and Gilder highlight, the jurisdictional applicability of  §1 of the Sherman Act 1890 cannot be argued. By contrast, it is suggested that this would not be the position in Australia. The critical difference between the Australian legislation and the United States section is that in the former nation, s45(3) of the Trade Practices Act 1974 requires a competitive market or that the cartel parties be in competition with each other. Whilst this does not require all parties to be competitors, with golf regulators not retailing or manufacturing golf clubs, the underlying sense of collusion so critical to s45 litigation is absent. The definition of exclusionary provision in s4D is even more explicit. This requires that the arrangement must be between people who are competitive with each other thus mandating a horizontal component to the understanding. A further reason for the unavailability of s45 is that sporting organisations will often be seen as single economic units, rather than distinct entities. The importance of this if the two bodies are not viewed as separate, collusion is not possible. United States authority supports this reasoning. For example, in Seabury Management Inc v Professional Golfers Association of America Inc., a trade show promoter (Seabury), brought an action against the Professional Golfers Association (PGA) and a member section, the Middle Atlantic Section Professional Golfers Association of America (MAPGA), alleging that a five year contract between Seabury and MAPGA gave Seabury the right to use MAPGAs name and logo to conduct and promote a golf trade show anywhere in the United States. MAPGA claimed, on the other hand, that the contract limited any MAPGA-sponsored golf trade show to an area within the MAPGAs territorial boundaries. The case proceeded to trial with Seabury alleging, among other things, that both the PGA and MAPGA had colluded in violation of  §Ã‚ §1 and 2 of the Sherman Act and of Marylands antitrust laws. Initially the jury returned a verdict for Seabury, finding that the PGA and MAPGA were not part of a single economic unit and that the PGA had conspired with MAPGA (and also with the Golf Manufacturers and Distributors Association) to illegally restrain trade. However, this was overturned on appeal. The Appellate Court concluded that the PGA and MAPGA were incapable of conspiring and that on this issue, judgment as a matter of law in their favour was appropriate. The court said that while the MAPGA is not a wholly-owned subsidiary of the PGA and these entities are separately incorporated, the evidence at trial established that the PGA and its member sections function as a single economic unit with the PGA possessing ultimate control over the actions of individual sections. The court found it significant that the sections are governed by the PGA Constitution, by policies adopted either at PGA annual meetings or by the PGA Board of Directors, and by other pertinent policy documents such as trademark licensing agreements. In addition, the sections actions must be approved by the PGA to ensure that they are in the best interests of the organisation as a whole. For example, when the MAPGA sought to enter into the contract and its amendments with Seabury, the PGA had to approve these actions, and in this instance the PGA did approve the contract. The Application of s46 of the Trade Practices Act 1974 Another basis for possible antitrust breach by Golf Australia (through its unquestioning adoption of the Rules of Golf) is s 46: â€Å"(46) A corporation that has a substantial degree of power in a market shall not take advantage of that power for the purpose of: a) eliminating or substantially damaging a competitor of the corporation or of a body corporate that is related to the corporation in that or any other market; b) preventing the entry of a person in that or any other market; or c) deterring or preventing a person from engaging in competitive conduct in that or any other market.† The purpose of this section is clear. It is about protecting economic aims, promoting the competitive process and through that the consumer. Therefore does the regulatory control of golf equipment by Golf Australia depress competitive outcomes and reduce consumer (golfer) welfare? Have the Rules operated to depress the capacity of existing firms to innovate, and new firms to enter the market? Three elements must be met before s46 can be successfully invoked. i) Market power by a corporation; ii) The corporation must take advantage of that market power; iii) And, the taking advantage must be for a proscribed purpose. Market Power It is suggested that Golf Australia has market power. As the monopolist regulatory agency for Australia (its authority derived from one of the two Leviathans of world golf (the RA in this instance), Golf Australia can act by adopting rules free from the constraints of competition. Market power can also be established by contracts, arrangements or understandings that the corporation has with another party in the case the agreement between Golf Australia and the RA. This is supported by the significant barriers to entry that any new regulatory agency would have to establish most notably affiliation with the Royal and Ancient Golf Club of St. Andrews or the United States Golf Association. One suspects that it simply would not be â€Å"rational or possible for new entrants to enter the market,† golf also not interchangeable with other sports. Has there been a Taking Advantage Assuming that market power has been established, the next query becomes whether there has been a taking advantage of that market power. In Pacific National (ACT) Limited v Queensland Rail, the Federal Court enunciated 10 principles as a guide to the construction of the phrase take advantage in s46 of the Trade Practices Act 1974. 1. There must be a sufficiency of the connection, or a causal connection, between the market power and the conduct complained. 2. If the impugned conduct has an objective business justification, this will go against the existence of a relevant connection between the market power and the conduct. 3. The words take advantage do not encompass conduct that has the purpose of protecting market power but no other connection. 4. In deciding whether a firm has taken advantage, one must ask how it would have behaved if it lacked power and whether it could have behaved in the same way in a competitive market. 5. It may be proper to conclude that a firm is taking advantage of market power where it does something that is materially facilitated by the existence of the power. 6. The conduct must have given the firm an advantage it would not have had in the absence of market power. 7. The test may be whether the conduct was necessarily an exercise of market power. 8. One of the difficulties in dete rmining what constitutes taking advantage stems from the need to distinguish between monopolistic practices and vigorous competition. 9. The purpose of s46 is the promotion of competition — it is concerned with the protection of competition, not competitors. 10. It is dangerous to proceed from a finding of proscribed purpose to a conclusion of the existence of a substantial degree of market power that can be taken advantage of — to do so will ordinarily be to invert the reasoning process. In other words s 46 is not directed at size or at competitive behaviour, as such. What is prohibited, rather, is the misuse by a corporation of its market power. In addition, s46(4)(a) provides that the reference to power in s 46(1) is a reference to market power the power to be taken advantage of must be market power and not some other type of power. A corporation which satisfies the threshold test by reason of its market power is not permitted by s. 46(1) to take advantage of that power for the purpose of one or other of the objectives set out in paras. (a), (b) and (c). The term take advantage in this context indicates: that the corporation is able, by reason of its market power, to engage more readily or effectively in conduct directed to one or other of the objectives in paragraphs (a), (b) and (c); it is better able, by reason of its market power, to engage in that conduct; its market power gives it leverage which it is able to exploit and this power is deployed so as to take advantage of the relative weakness of other participants or potential participants in the market. Whether this is so in a particular case is a matter to be inferred from all the circumstances. In so doing, three critical points must be made: i) In determining whether there has been an objective taking advantage of market power, the phrase is not meant to imply that there must be a hostile or malicious intent to the use of the market power. There is to be no ‘indefinite moral qualification to the phrase ‘taking advantage. Section 46 is not dealing with social policy. ii) To answer the question whether there has been a taking advantage, the counterfactual is explored, that is, would the regulatory authorities have acted in the same way in competitive conditions. Conduct that may not normally be of concern, can â€Å"take on exclusionary connotations when practiced by a monopolist.† iii) The final critical point is that it is not permissible to establish a proscribed purpose and then to reverse engineer from this to find that there has been a taking advantage of market power. Taking advantage is a separate element that must be proven exclusively of any proscribed purpose. To do something other than this is to flaw the analysis. It is not possible to conclude that because one has the proscribed purpose of eliminating a competitor, that they have taken advantage of market power. â€Å"Competitors almost always try to ‘injure each other†¦This competition has never been a tort†¦ and these injuries are the inevitable consequence of the competition s46 is designed to foster.† With these principles in mind, would (or could) Golf Australia have acted in a different way, if the market conditions were competitive? Arguably, the answer is no. Golf is a global sport at both professional and amateur level and with the control, financial influence, and contemporary dominance of the USGA and the RA, Golf Australia would have to act the same way in a competitive market. The potential for Australia, despite our relative success on the world stage, to develop or go it alone in terms of equipment and rule regulation would not exist. With major American companies dominating world golf club manufacture, the presence of a second regulatory body, competing with Golf Australia would not alter the fact that sporting equipment regulation would still be mandated by overseas entities. A new entity, (as with Golf Australia) simply would not have the political or financial strength to act differently than that dictated by the USGA and the RA. For a Proscribed Purpose Assuming that market power and the taking advantage of this was established, the third element is that Golf Australia would have had to have acted for a proscribed purpose. Can it be said that Golf Australia (a non-profit entity) has objectively acted to eliminate, hinder or somehow prevent competition in a market. This requirement is arguably more easily met in the context of ‘for profit organisations. In Monroe Topple Associates v Institute of Chartered Accountants the non-profit nature of the Institute did not necessarily lead to a finding of an improper purpose, but â€Å"[did] tend to point against such a finding.† It is suggested that it would be difficult to establish the purpose element. Golf Australia gains nothing by putting golf equipment manufacturers out of business indeed it would seem to be in the interests of the regulator to promote healthy innovative competition amongst the manufacturers, with this leading to reduced prices for clubs and growth in the number of players. In a different context, a similar conclusion was reached by the Full Federal Court in Australasian Performing Rights Association Ltd (APRA) v Ceridale Pty Ltd. APRA refused to provide a licence for a nightclub unless unpaid fees by Ceridale were paid. While its actions may have led to a nightclub closing, its purpose was not to put the company out of business, but simply to preserve the integrity of its licence system. By analogy, the role of Golf Australia in endorsing the rules of the USGA and the RA is not about putting golf equipment manufacturers out of business, but about preserving what it perceived to be the traditions of the game. An Objective Business Justification Given what has been previously outlined, a breach of s46 appears unlikely. Whilst Golf Australia would have market power, it could not be shown that it would have acted differently in a competitive market (hence no taking advantage of that power), nor could it be demonstrated that it acted for a proscribed purpose. However, it is suggested that there is an even stronger basis by which Golf Australia would be able to defeat any allegation that it had taken advantage of its market power. This relies on Golf Australia establishing an objective legitimate business justification as to why it has accepted and promulgated these technical rules as the basis for regulation of golf equipment in this country. If this justification is accepted, then the conclusion is that there has been no taking advantage of market power the business was simply doing what would normally be done in a competitive market. In essence, it is the flipside of the counterfactual test, but in this context appeals to th e reason why sporting administrators and regulators are needed that is to establish and run fair competitive competitions and to encourage participation in the sport by all, with results determined on skill and not on luck. It seeks to connect the conduct of the market participants to

Feminist Bashing of Tennessee Williams and A Streetcar Named Desire :: Feminism Feminist Women Criticism

A Streetcar Named Desire and the Gay Roots of Feminist Straight Bashing  Ã‚     Ã‚   Tennessee William's A Streetcar Named Desire is widely considered the highest achievement of 20th Century American theatre. Stanley Kowalski is a symbol of the heterosexual male. Significantly this male icon is portrayed as a rapist. In 1947, Tennessee Williams (through Blanche DuBois) also describes Stanley as "sub human," a term that would inspire outrage if it had been used against Jews, blacks, women or gays. The play is a good example of how Williams, a homosexual, contributed to the "modern malaise" by undermining the legitimacy of heterosexual males, females and the family. Williams' complex motives may explain the motivation of feminists today. Homosexuals have suffered persecution. This doesn't automatically elevate them morally nor immunize them from political criticism. Personally, I believe in live-and-let-live. That's why I wasn't prepared to discover that homosexuals, in particular, lesbian feminists, are not so tolerant of heterosexuals like myself. They are conducting a vicious attack on heterosexual institutions that society no longer can afford to ignore. Currently the attack comes from the feminist movement, which is led by lesbians. In "The New Victorians"(1996), Rene Denfeld documents how feminists are no longer concerned with equal opportunity, but are dedicated to transforming heterosexual society. Heterosexuality is regarded as the root of all oppression and homosexuality is seen as the remedy. "For many of today's feminists, lesbianism is far more than a sexual orientation, or even a preference. It is, as students in many colleges learn, an ideological, political and philosophical means of liberation of all women from heterosexual tyranny†¦" In their ruthless quest for power, feminists behave like Marxist zealots, quietly infiltrating the education and legal systems, government bureaucracy and media. They institute quotas that give women preference in education and employment regardless of merit, regardless that women may already be over represented. They display a cult-like, totalitarian attitude to dissent, refusing to debate, suppressing free speech and slandering people who hold opposing views. It may seem absurd that gays and lesbians who represent about four per cent of the population should attempt to transform society. Of these only a minority is promoting these goals. But these activists have used specious guilt tactics to capture the moral high ground. With the complicity of the media and politicians, they wield power way out of proportion to their numbers.

Comparing the Mormon Religion to Catholic and Protestant Faiths Essay

Comparing the Mormon Religion to Catholic and Protestant Faiths The Mormon religion is very unique in many of its doctrine. While technically a Protestant faith, the Mormons generally share more doctrine with the Catholics. Because of its unique nature, I will be analyzing the Mormon faith, its history, organization, and doctrine, in comparison with the beliefs held by both Catholics and Protestants. Establishment On April 6, 1980, the Church of Jesus Christ of Latter-day Saints (aka the Mormon Church) was founded. [It is interesting to note that according to Mormon doctrine (Doctrine and Covenants 20:1), April 6 is the birthday of Jesus Christ.] 10 years prior to this event, in 1820, fourteen-year-old Joseph Smith knelt in a quiet grove in upper New York state and prayed for guidance in choosing a church to join. According to LDS historical records, his prayer was answered by the visitation of two heavenly personages. One, the Heavenly Father, spoke to him and said, pointing to the other, "This is my Beloved Son. Hear Him!" This second personage, Christ, told Smith that he should join no existing church, that the true church he had established upon the Earth had become corrupted and fallen away from the truth over the passing years. Smith was instructed that he was to aid in the restoration of the pure gospel of Jesus Christ in these latter days. Mormons consider this divine visitation and the restoration of Christ's church to be the fulfillment of the prophecy of the Apostle Peter when he said, "He shall send Jesus Christ. . .whom the heaven must receive until the times of restitution of all things, which God hath spoken by the mouth of all his holy prophets since the world began." (Acts 3:20-21). ... ...rious sins such as murder, adultery, lying, and who do not repent in mortality. There is a fourth place where souls can go after death – Outer Darkness. This place is only those who deny the Holy Ghost, have a perfect testimony of the Gospel and willfully deny it. The Mormon view of afterlife is discussed at great length in Doctrine and Covenants chapter 76. These are just a few of the beliefs of the Mormon faith. Evidenced by the discussion of these is the fact that while Mormonism is technically a Protestant faith, it shares many doctrinal points with both Protestants and Catholics. Beyond its shared theology, Mormonism has several very unique teachings, ones generally not expounded by any other Christian faith. Perhaps it is these novel pieces of doctrine that appeal to people and have made Mormonism the fastest growing faith in the world today.

America’s educational system Essay

Introduction As America’s educational system continues to strengthen and develop, a focus on individualized instruction and intervention within the regular education classroom has been brought forth in an attempt to keep struggling students from falling behind. This specific additional instruction and intervention, known as Response to Intervention in most states (RtI), is not only viewed as a push towards the improvement of education for all students, but is also being used as the means by which decisions regarding a student’s special education eligibility is based upon. However, for such a program to ultimately be beneficial, it will be up to the schools to ensure that the education professionals are putting forth significant effort in using the most appropriate type of intervention for that specific student. It will be the RtI team’s duty to define the student’s problem, plan an intervention, implement the intervention, and regularly evaluate the student’s progress (Martinez & Young, 2011, p. 44). Various interventions should be attempted if the scheduled improvement is not initially apparent. Statement of the Problem The groundbreaking passage of the Education for All Handicapped Children Act in 1975, the long overdue act which provided official protection of the rights and individual needs of those with disabilities within the educational system, sparked the remarkable increase of students being quickly diagnosed with a learning disability in whatever subject the specific student was struggling in (Brady, Bucholz, Duffy, Goodman, & Hazelkorn, 2011, p. 18). It was also noted that the majority of this increase in special education was found to be packed with minority students due to the deficient amount of teacher cultural awareness within the classroom. The special education identification method of Response to Intervention came about as education personnel searched for appropriate ways to identify students who genuinely required special education and attempted to remove the subjectivity from the identification process that had caused the previous increase (Brady, Bucholz, Duffy, Goodman, & Hazelkorn, 2011, p. 18). Instead of instinctively assuming that a struggling student has an LD, therefore immediately referring him or her for special education, educators need to attempt to reach this student by using other methods of instruction  that are research-based and proven to be highly-effective. Purpose of the Study This paper is designed to inform the readers about the core principals of Response to Intervention, the roles of school personnel, effective implementation, how educators are reacting to the process, and how RtI is filtering into the behavioral domains of the classroom. Both positive and negative aspects of Response to Intervention will be presented. The research is current and needs to be added to the available body of knowledge. Significance of the Problem Providing quality education to the children of this nation will hopefully always be unquestionably significant to society. The growth and development of society essentially relies on such provision. Considering this reality, the actual effort an educator makes in order to guarantee that each individual child is presented with the opportunity to reach his or her full potential academically will not only affect this individual child’s future, but the future of all of America. With the proper implementation of the Response to Intervention framework within the nation’s educational system, the appropriate exertion of effort from educators can be ensured. Limitations This article’s content was taken from database research using scholarly sources. It was researched and written in a period of 15 weeks with the required minimum of 15 pages but limited to 20. Response to Intervention is the structured process implemented by education personnel in which individualized instruction and intervention is provided for students who are struggling either academically or behaviorally (Martinez & Young, 2011, p.44). RtI’s purpose is also to serve in the early identification and preventative intervention process with hopes of ultimately reducing the amount of inappropriate special education referrals that are issued due to poor instruction. In order to construct a sound Response to Intervention framework within a school, the core principles of RtI need to be efficiently developed. Attention to each of Rudebusch’s principles from The Source for RTI: Response to Intervention will help to  ensure a more successful intervention process and should be used as a guide for educators. These principles include: We can effectively teach all children Intervene early Use a multi-tier model of service delivery Use a problem-solving method to make decisions Use research based, scientifically validated instruction and intervention Monitor student progress to shape instruction Make decisions by using student performance data Use assessment for a variety of purposes (Rudebusch, 2008, p.20). As the general educator develops and constructs his or her own plan within the classroom, it is important that he or she fully understand that effectively teaching all kinds of children is possible. Thanks to No Child Left Behind (2001), teachers are now expected to deliver high-quality instruction to their students at all times as well as be held accountable for their student’s achievement (Osborne & Russo, 2008, p.17). To push for student achievement, and for high-quality instruction to occur, teachers need to implement both explicit and systematic instruction. This explicit instruction is especially important in the beginning stages of the widely-followed model of teaching provided within the Gradual Release of Responsibility Model. Rudebusch states; â€Å"The instructional sequence gradually moves each student from teacher-dependence to learning-independence. The teacher focuses the lesson with explicit instruction, uses guided instruction and student teamwork to practice the skills, and finally, allows students to demonstrate independent mastery of the skill.† Teacher responsibility decreases as student responsibility increases. This process also helps children in developing crucial self-regulated learning skills. Self-regulation can be defined as â€Å"the child’s capacity to plan, guide, and monitor his or her behavior from within and flexibly according to changing circumstances,† (Bramer, 2011, p.41). The development of this proficiency is critical as it will push the child to take control of his or her own learning helping to bring about a sense of independence which is the main focus of the Gradual Release of Responsibility Model. High-quality instruction has been filtered through the  self-regulated learner’s education. The second core principle of RtI provided by Rudebusch establishes the significance of early intervention. As soon as a child reveals any signs or symptoms regarding academic or behavioral difficulties to come, the educator is to intervene in order to attempt to keep the student on a similar pace compared to others in his or her same grade (Rudebusch, 2008, p.22). Students who receive such assistance early have been known to need fewer special education services as well as fewer rehabilitative services throughout the entirety of their education. The U.S. Department of Education states that intervening during preschool years can â€Å"enhance the child’s development, provide support and assistance to the family, and maximize the child’s and family’s benefit to society† (Rudebusch, 2008, p.22). If the child is identified at an early age then there is a greater possibility that they will benefit from the intervention strategies that are designed to meet their personal needs. Early intervention is also supported legislatively as the Individuals with Disabilities Education Improvement Act (IDEA) addresses the guidelines. Part C of IDEA â€Å"addresses services for children from birth to age 3 and their families, and section 619 of Part B†¦covers services for children ages 3 to 5,† (Bruder, 2010, p.339). Using a multi-tier model of service delivery allows struggling students to be provided with increasing levels of support in regards to their specific areas of difficulty. Each level varies in time consumption, intensity, and the amount of students receiving intervention. Whether they are receiving intervention in small structured groups using specific organized programs, or more intensive, individualized intervention that is provided for longer periods of time, this model of service delivery has been constructed to ultimately prevent future academic and/or behavioral problems, as well as assist in identifying students who actually posses specific learning disabilities (Rudebusch, 2008, p.23). RtI models are typically created with at least three tiers. From the description provided by Amy Detgen, Mika Yamashita, Brittany Davis, and Sara Wraight, in State Policies and Procedures on Response to Intervention in the Midwest Region, we are provided with a brief description and purpose of e ach tier: Tier 1:  Evidence-based instruction provided to all students in the general education classroom. Student progress is continually monitored. Tier 2: Small-group supplemental instruction provided to students who fail to make adequate progress in the general classroom. Programs and strategies are designed to supplement tier 1 instruction. Tier 3: Specialized and individualized instruction provided to students who are not responding to tier 2 interventions. Throughout each of these tiers, the progress of each individual student is monitored as data is collected and evaluated. This process is completed in order to ensure that the constructed intervention is proving to be effective for the targeted student. If the student continues to underachieve and show no progress, despite the various â€Å"high-quality instruction and targeted interventions† that have been provided, than this student may possess a specific learning disability (Brady, Bucholz, Duffy, Goodman, & Hazelkorn, 2011, p. 18). All remaining RtI related decisions have been left up to the schools, such as â€Å"†¦how many tiers are needed; movement from one tier to the next and duration, frequency, and timing of the interventions; and how screening for secondary intervention should occur†¦Ã¢â‚¬  (Brady, Bucholz, Duffy, Goodman, & Hazelkorn, 2011, p. 19). Rudebusch’s fourth RtI core principle consists of using an appropriate problem-solving method when making decisions within this multi-tiered model. This will aid in determining the specific student’s needs, as well as continue to develop and help evaluate student responsiveness to the actual intervention being provided. An efficient problem-solving process that should be used within the RtI framework should involve a variety of professionals’ skills and opinions in order to create the most appropriate intervention for the child in question. This process should involve: using measurable terms when defining the problem; effectively analyzing the problem and its variables; constructing a plan that will appropriately address the problem; putting the plan into action; evaluating the ultimate effectiveness of the plan (Rudebusch, 2008, p.24). Such a problem-solving process will contribute to the validity of a child’s individual plan as each step will help to ensure that appropriate decisions  are being made. Being able to effectively and efficiently solve RtI problems when they arise is of great importance as the child’s first constructed plan will not always be successful. In order for Response to Intervention to bring forth the amount of efficiency that it is capable of, it is essential that educators use â€Å"research-based, scientifically validated instruction and intervention† (Rudebusch, 2008, p.24). In No Child Left Behind (2001), scientifically-based researched is defined as â€Å"†¦research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs† (Zucker, 2004). Using this type of instruction for your students will be critical for their ultimate academic success. Another important quality to the highly-effective teacher’s style of instruction is differentiation. As the student population continues to expand and diversify, and as it is now known that not all students learn in the same manner or are at the same level in regards to their intelligence, differentiated instruction is crucial so that all types of lear ners can be met. Joan Van Bramer (2011) declares in Teacher Talk and Assistance and Self-Regulated Learning within the Context of RtI and Explicit and Systematic Teaching, that, â€Å"In differentiated classrooms, teachers begin where students are, not the front of the curriculum guide†¦In differentiated classrooms, teachers provide specific ways for each individual to learn as deeply as possible and as quickly as possible, without assuming one’s student’s road map for learning is identical to anyone else’s†¦Differentiated classrooms feel right to students who learn in different ways and at different rates and who bring to school different talents and interests†¦Differentiated instruction is the heart and soul of Tier 1, a teaching model necessitated by the wide reading range represented in each classroom.† Providing research-based instruction as well as differentiation on all three tiers can set in motion positive progress from each and every student. In the sixth, seventh, and eighth RtI core principles, Rudebusch highlights the importance of monitoring student progress in order to effectively shape instruction. Decisions made should be based on the student performance data that has been consistently collected from this progress monitoring. Rudebusch also stresses the usefulness of  assessments when checking progress. This progress-monitoring is the most suitable way in which an educator can determine whether or not the specific intervention being provided to the child is actually effective. By monitoring student progress, educators can understand and genuinely witness which types of instruction the child has positively responded to as improvement in their targeted area has been documented. This monitoring can also point out ineffective instruction as a child’s lack of improvement would be noticed. This is equally important as unproductive intervention should be put to an end or altered in a way which will hopefully meet the student’s previously denied needs. Using the collected performance data to identify the most appropriate methods of intervention, as well as using a variety of specialized judgment from the professionals involved, and using â€Å"scientifically validated evidence and information about a student,† are the foundations of the previously mentioned RtI problem-solving process (Rudebusch, 2008, p.25). To continue making the most efficient decisions in regards to student academic and behavioral intervention needs, the schools systems need to: continually collect student data; be able to pull valuable information from the data concerning student needs; use this data to â€Å"make informed instructional decisions at every level of the RtI framework,† (Rudebusch, 2008, p.25). Determining student needs from the data collected from progress monitoring is a reliable way to ensure that the selected intervention for said child is actually helping the child to improve in their targeted area of struggle. Using assessments within this progress monitoring is also another effective way to measure improvement. Assessments are also initially used to screen those children who are believed to not be making appropriate academic or behavior progress before intervention has even begun. Effective implementation of the Response to Intervention program within schools is key if success is to be witnessed among those struggling students who are participating within the program. In order for effective implementation to occur, the foundation of the RtI framework needs to not  only be based upon its eight core principles, but also needs the appropriate amount of dedication and commitment from the school personnel who are involved in the process. There are seven essential skills and competencies identified by Rita Bean and Jennifer Lillenstein in Response to Intervention and the Changing Roles of Schoolwide Personnel that education related professionals need to possess to help ensure the success of RtI within the schools. These seven proficiencies are: in-depth knowledge of literacy development and instruction; an understanding of how to collect and interpret data for instructional decision making; being able to differentiate one’s instruction; a willingness to collaborate and work successfully with others; a commitment to Lifelong Learning; possessing leadership skills; a facility to work with technology (Bean & Lellenstein, 2012, p.493-497). With the workings of RtI within the schools, it is now being found important for all school personnel to understand the â€Å"components of reading acquisition† and to be able to effectively provide evidence-based literacy instruction (Bean & Lellenstein, 2012, p.494). Principals viewed this knowledge as a way to better understand their educator’s struggles and concerns, while specialized personnel, such as special educators and psychologists, who formally did not need to possess such knowledge, now find the understanding of the literacy curriculum to be of great significance. All RtI school personnel involved and knowledgeable in reading and literacy education have a better chance of helping those students who are struggling with language arts eventually reach their full potential. As well as understanding the importance of effective literacy instruction, school personnel also need to be able to collect, interpret, and use the data they pull together from monitoring student progress to construct further instruction and intervention. Teachers need to understand that certain assessments might not be the most appropriate choice for one child while it could be the most effective for another. A wide variety of ways to assess students needs to be used, such as teacher observations and collaboration, rubrics, and student work samples, in order to truly grasp  what the student is struggling with. â€Å"To use data effectively, there is a need for shared expertise, with reading specialists, principals, and psychologists offering their expertise in psychometrics, instruction, and so on,† (Bean & Lellenstein, 2012, p.495). With school personnel interpreting data effectively and using such information to construct the most appropriate instruction and intervention for the targeted student, the likelihood that the student will benefit from the RtI process is much greater. The ability to differentiate instruction, as mentioned previously, is extremely significant to the implementation of RtI, and yet is one of the most difficult factors to achieve. However, successful differentiation is possible when educators take the time to seek out the most effective way to reach the child, understanding that all children learn differently. The support of differentiated instruction can be carried out by principals who help to develop staff schedules that will ultimately increase the availability and numbers of personnel available to aid in the classroom. These professionals can include special educators, reading specialists, or English language learning teachers. Using such professionals within the RtI process will only benefit those struggling students and help to differentiate the kind of instruction they will receive. This will aid in discovering the best way to reach each child academically. Another important ability school personnel needs to posses in order to carry out RtI effectively is the ability to collaborate positively with one another. Being able to work with others toward a common goal is extremely important, and regardless of the situation, this common goal should always be to discover the most efficient way to educate the child in question. Jennifer Lillenstein and Rita Bean (2012) state, in regards to collaboration within the classroom, that â€Å"there was consensus that to collaborate effectively, there must be a sharing of and value for diverse perspectives and preparation to attain the larger goal of enhanced instructional decision making and improved student outcomes.† By effectively working with one another in an attempt to make the best decisions in regards to what the targeted student needs, the educators establish joint responsibility for the  student. From this joint responsibility, the educators will be able to discuss the student’s strengths and weaknesses when making decisions concerning instruction (Bean & Lillenstein, 2012, p.495). Efficient collaboration between those who are a part of the RtI process is critical if what is best for the targeted student is truly in question. This consistent collaboration also provides opportunities for education professionals to learn from one another as they maintain and inspire their commitment to lifelong learning. Educators can always learn from the strategies, thought processes, and experiences of their co-workers. The final two skills and/or competencies mentioned by Rita Bean and Jennifer Lillenstein (2012) are leadership qualities and competency within the field of educational technology. Leadership qualities can involve a variety of skills, such as interpersonal skills, communication skills (such as assertive communication), skills related to the principle of trust, and skills involving active listening and problem solving. Other important aspects of leadership qualities an educational professional should possess include being able to successfully collaborate with a team, and leading and participating in conversations with individuals or groups concerning pressing matters. During these times of discussion, a leader should be able to not only provide positive feedback to his or her fellow co-workers, but must also be able to provide critical feedback if necessary. When critical feedback is taking place, a leader needs to treat his or her other co-workers with respect, be able to back up his or her claims with data and evidence, and should always keep the student’s best interests in mind. In regards to school technology, educators need to possess facility concerning these kinds of classroom advancements. Collecting data, monitoring the process of students, finding ideas for differentiated instruction, and learning more on one’s own are merely a few of the ways technology is now being used in the classroom. The collection, reviewing, and monitoring of student data and performance is critical to the success of their individualized RtI plan (Bean & Lillenstein, 2012, p.496). To find out how schools are implementing the entire Response to Intervention process within the classroom, as well as how educators are responding to the  process, a specific example is provided. In South Eastern Texas, an online survey in both rural and urban schools was completed. In Response to Intervention: How is it Practiced and Perceived?, by Rachel Martinez and Andria Young, the various aspects of RtI, as well as the results of the survey are examined. Ninety-nine educators completed this online survey in rural and urban schools in South Eastern Texas answering questions regarding the RtI process and their opinions about the procedure. The questions related to the RtI initiation practice, documentation of the student’s goals, data collection, intervention procedures, the resulting follow up decision process, and the educators’ overall opinions regarding the entire implementation. In reviewing the results, it was discovered that 87% of the respondents stated that it is the general education teacher who initiates the RtI process for the struggling student (Martinez & Young, 2011, p.47). Seventy seven percent of the respondents indicated that this course of action is most often initiated after a student scores poorly on a school-wide screening test. Now that this student has been identified as one who will participate in the RtI process, an RtI Team is formed. This team usually consists primarily of the general education teacher, special education teacher, administrator, and a reading specialist. Only 34% of the respondents stated that the child’s parent was a part of the team (Martinez & Young, 2011, p.46). In order for a child to be properly monitored, school personnel are to write specific academic goals concerning the student’s targeted areas and the amount of progress he or she is to make before a certain time period. These areas are to be operationally defined so that they can be continually examined (Martinez & Young, 2011, p.47). This is extremely significant to the RtI process as student progress needs to actually be seen in data form in order for the specific intervention to continue. Yet the comments left by the respondents concerning writing these measurable goals indicate that this is an area of weakness for educators and needs improvement. Concerning the follow-up process, results indicate that a follow up meeting was usually held by the RtI Team in order to appropriately monitor a student’s progress.  Seventy six percent of the respondents’ answers points towards the fact that at least half of the time students are making some sort of progress (Martinez & Young, 2011, p.49). Seventy one percent also indicated that students actually met their goals at least half of the time (Martinez & Young, 2011, p.49). If a student does not reach their goals, it is indicated that a new type of intervention is started and if progress is still not made, a special education referral is conducted. Yet the majority of the respondents, 74%, indicated that this eligibility is determined using a combination of RTI results and standardized testing data instead of just relying on RTI data alone (Martinez & Young, 2011, p.49). This specific example has provided evidence of the positive results of RtI and that the greater part of the respondents involved in this study felt that such a process ultimately benefited students. Yet comments concerning how the process is perceived by educators in this area were not all entirely positive. Some educators indicated that the same students who were being put through this process were actually already being provided extra help by their teachers. There was also an overwhelming amount of complaints in regards to the time RtI paperwork and documentation takes (Martinez & Young, 2011, p.50). In Special Education Teacher’s Perceptions and Instructional practices in Response to Intervention Implementation, by Elizabeth Swanson, Michael Solis, Stephen Ciullo, and John W. McKenna, some similar complaints involving RtI are stated. These negative aspects include scheduling challenges—as it is sometimes difficult to set aside a time in which all those who are required in the RtI process are available, the increased amount of paperwork necessary for each student, and the probability that additional staff may be needed. Despite these challenges, teachers find the early intervention opportunities, meeting the unique needs of each student, and the positive collaboration with other staff members to outweigh the previously mentioned negative features. The results of the specific study completed in the South Eastern Texas area indicate that the school personnel are consistently tending to the important components of the RTI process, despite such challenges, as they attempt to help each individual student reach their full potential academically. As Response to Intervention continues to show success in regards to aiding students academically, the use of RtI to help students who struggle with the social, emotional, and behavioral aspects of school is now an option. Since this type of negative behavior can be associated with poor school-related outcomes, the use of RtI behavioral interventions may prevent further dire behavior as well as prevent the need for special education services. A specific example where such intervention took place is provided in Response to Intervention (RtI) in the Social, Emotional, and Behavioral Domains: Current Challenges and Emerging Possibilities, by Elina Saeki, Shane R. Jimerson, James Earhart, Tyler Renshaw, Renee D. Singh, and Kaitlyn Stewert. This study uses RtI as a constructive approach for preventing and remedying emotional, social, and behavioral problems in students. The study took place at a public elementary school in a midsized city in Southern California by a collaborative problem-solving team consisting of the school psychologist, the principal, university faculty supervisors, and school psychologist interns. The participants included 55 third-grade students from three separate classrooms who all participated in Universal Intervention (Tier I). During Tier I, the two school psychologist interns conducted impulse control lessons for the students and administered a specific assessment both before and after the intervention. At the conclusion of Tier 1, the teachers nominated nine students who would possibly benefit from further behavioral intervention within Tier II. One student was chosen from this group by the school psychologist to receive intensive intervention (Tier III) targeted to his specific emotional areas of difficulty (Saeki, Jimerson, Earhart, Hart, Renshaw, Singh, & Stewart, 2011 p.48). In regards to the implemented Tier I Universal Intervention, 81% of the students improved their score on the assessment provided. For those receiving intervention at Tier II, four scores increased, one decreased, and two showed no change. The remaining two students were not present for either the pre- or post-assessment (Saeki, Jimerson, Earhart, Hart, Renshaw, Singh, & Stewart, 2011, p.50). However it must be stated that in this particular study the type of lessons provided to these children at this level were based on teacher recommendation and not on their actual testing scores. In regards to the child identified for targeted intervention, no pre- or  post-test measures were actually conducted and the school psychologist’s clinical judgment was used. Yet the results were stated to be favorable concerning the child’s progress. Bringing the RtI framework into the area of social, emotional, and behavioral issues among students, instead of only issuing such intervention in regards to their academic insufficiencies, is a way school personnel can provide additional support for those students who are at-risk but are not eligible for special education services. However, it is of great importance that educators use a combination of both quantitative and qualitative data and that the interpretation of both must be objective. In the previous example, teacher input was used as the main source concerning the identification of students who would be receiving Tier II and Tier III intervention (Saeki, Jimerson, Earhart, Hart, Renshaw, Singh, & Stewart, 2011 p.50). This specific example of how behavioral issues are being tended to by RtI is shown to have overall positive results. Yet every school who implements such a structure for behavioral purposes must use a multifaceted evaluation process to avoid strong subjectivity in the decision making procedures. The implementation of the Response to Intervention program within classrooms, schools, and the entire educational system can have an overwhelmingly positive effect on those students who are struggling, either academically or behaviorally, when the process is executed in the proper manner. For this to occur, the eight core principles of RtI need to be apparent among educators and flourishing throughout the schools. These core principles include the understanding that all children can be taught effectively, the necessity of early intervention when possible, using a multi-tiered model of service delivery, using an effective problem-solving method to make decisions, using research based, scientifically validated instruction and intervention, monitoring student progress in order to shape instruction, making decisions involving implementation and instruction by using student performance data, and using the appropriate assessments for a variety of purposes when necessary (Rudebusch, 2008, p .20). Each of these Response to Intervention aspects are critical to RtI’s strategic implementation and crucial to the ultimate success of the program. Behind the eight Response to Intervention core principles are the educational  professionals who are following such guidelines and putting them into action. As RtI continues to grow and expand within the educational system, the various roles and tasks of school personnel also continue to develop. There are a mixture of skills and competencies that each educator should possess in order to carry out the RtI core principles effectively. These proficiencies include an in-depth knowledge of literacy development and instruction, an understanding of how to collect and interpret data for instructional decision making, the ability to differentiate one’s instruction, a willingness to collaborate and work successfully with others, a strong commitment to Lifelong Learning, various leadership qualities, and the ability to work with educa tional technology (Bean & Lellenstein, 2012, p.493-497). RtI implementation will have a greater chance of success for its students if the educators involved grew to be knowledgeable and comfortable in each of the previously mentioned areas. A study conducted in South Eastern Texas provided an amount of insight in regards to how schools are implementing the Response to Intervention process. This study also presented the manner in which school personnel responded to the program. RtI initiation within the schools, documentation of student goals, collection of data, intervention procedures, follow up decisions, and the educators’ overall opinion concerning the entire process is reviewed (Martinez & Young, 2011, p.47). Although the study ultimately praises RtI for its effectiveness, complaints regarding the amount of paperwork, time, and documentation procedures were noted. South Eastern Texas is not the only area in which these complaints have been made. Another source complains about the RtI scheduling challenges, the increased amount of paperwork, and the need for additional staff. Negative aspects aside, educators praised the early intervention opportunities, meeting the individual needs of each student, and the overall positive and informative collaboration with other co-workers. Since Response to Intervention has proven effective in aiding its participants academically, the use of RtI within the social and behavioral domains of the classroom is now an option. This behavior-driven intervention is used as a preventative measure as well as a remedy for those students who are already struggling with poor behavior. A study conducted in Southern California used this type of multi-tiered intervention to address some of the behavior issues taking place within the school as well as  appropriately aiding those children who were struggling both emotionally and socially (Saeki, Jimerson, Earhart, Hart, Renshaw, Singh, & Stewart, 2011 p.50 ). Although the results were deemed positive, the subjectivity of the educators in charge was questioned. Objectivity is a must if behavior-driven RtI is to truly address those who require the program. In conclusion, the Response to Intervention process is one that can benefit scores of struggling students if the structured program is adequately conducted by the professionals involved. In order for RtI success to occur, these professionals will need to consistently work together in discovering the most efficient way to sufficiently educate the students in question. Although the appropriate materials, specialists, and other intervention tools can be extremely significant to the RtI process, it is the distinguishing quality of effort that will ultimately hold the entire program together. If educators and other related school personnel do not exert the proper amount of effort in carrying out this process, then Response to Intervention will eventually be deemed worthless. It is up to the ed ucators and school personnel involved in this program to help RtI genuinely reach its valuable potential.