Dell, Inc Research Paper Example | Topics and Well Written Essays - 2000 words

Dell, Inc - Research Paper Example The company has gained significant recognition in the world and is currently the number three supplier of computers in the world. This paper is going to highlight the business cycle of Dell, including risks the company faces, and the reason for their success. Dell computers face challenges in its demand. The company offers its computers at low cost. The low price makes customers buy the computers. Lower prices and high quality made dell computers become so popular all over the world. An increase in demand required an increase in supply. Dell expanded its company size and was able to manufacture many computers, making it the number one shipper of computers as by 2012. Consumer’s income always affects the supply of demand of a product(Hawken, 1988). It also depends on the commodity. A customer will not spend more than what he earns. Dell established itself in the high life areas of Texas. These are places where people are high-class earners. The demand for dell was on the rise here, and more people came to know about dell. It was the baseline for the success of Dell as more and more people came to know about it. After reaching the big markets, Dell reduced its prices to favor the low class earners. Prices of goods that relate to each other are forces that affect supply and demand. HP and Lenovo are the main competitors of Dell. Each company has different prices on their computers. HP computers are cheaper than Dell computers. This has made HP have higher demand in their products compared to Dell. If goods are of same characteristics, but from different companies, people will favor the cheap one. HP is the number one PC vendor in the world because of this. Dell is trying to improve its demand by reducing the prices of their goods. Computer companies always face competition in the markets based on the level of production. The systems in the computers are very

Video games and Kids Essay Example for Free

Video games and Kids Essay Video games have a positive and negative effect on kids. Video games affect the kids health, for example lead to cardiovascular implication. Also affect their education when affecting their cognition. Others video games effects on kids are when affecting their social and behaviors. Parents need to involve and regulate their children‘s gaming habit. Video games attribute in big portion in kids behavior. Video game affect kids negatively could be a good reason to make a kid violent and make him a killer. According to Anderson, Craig A at â€Å"Violent Video Games and Other Media Violence† he said that video game. Video games affect kids and make theme violent. When the kids consume a lot of violent materiel, he gets confuse between the reality and the fantasy. The kids think that hitting, kicking are allowed in real life. According to Anderson, Craig A, he sees in his essay â€Å"Violent Video Games and Other Media Violence (Part 1)† that the player needs to distinguish between fantasy and real violence. AS result, the player exposes his violence toward his surrounding and become violent. Anderson suggest at the same essay that video games are not only the cause for violence, but others effect as biological, neighborhood and family could attribute in this violence. Video games affect kids’ education and learning. Kids spend more time in playing rather than finishing their school tasks. As consequence, they have a poor grade and low knowledge. According to KIRA BAILEY in his study â€Å"A negative association between video game experience and proactive cognitive control† he said that after the three studies indicate that high levels of video consumption may be associated with a reduction in the efficiency of those processes supporting cognitive control that arise from interactions between anterior cingulated and lateral frontal cortex. Video games affect kids ‘health in too many ways. According to Dorman, Steve M. in his study â€Å"Video and computer games: Effect on children and implications for health education. † First: Cardiovascular Implications is consequence of less activity, because in USA children adopt sedentary lifestyle at early age and they prefer play video games rather than involving in different sport or other physical activities. Video games affect kid’s behavior and social life. According to Messerly, John G, â€Å"How Computer Games Affect CS (and other) Students’ School Performance;† He said: My methodology was simple: I asked students— all computer science majors in an undergraduate program—whether they knew someone whose scholastic or social life had been harmed by computer games. About 90% answered affirmatively, describing students whose fascination chained them to their apartments or dorm rooms for days, weeks, even semesters. Many admitted to having or having had this problem themselves. The effect Is exacerbated by so-called role-playing games like Age of Kings, Dark Age of Camelot, and Ever quest, with addictive power so great some call it Ever-crack. Players create characters and alter egos in cyberspace living out their personal fantasies, usually by adopting the traits they believe they lack in the real world. My informal surveys suggest there is something particularly addictive, if not sinister, about role-playing. (29) Video games have a positive effect on kids. Video games could be a good way to motivate kids. For example, be a good motivate for the kids to finish their duties. Kids could be reward with extra play time, or earn their video games after finishing their tasks. Also a good choice of video games, like challenging games could make kids smart when learning about different subject. Video games could be a good help in kids education. According to Annetta, Leonard A. â€Å"Video Games in Education: Why they should be used and how they are being used. † In her essay, she mentions that the games are not limited in played, but they could be a good explanation for real life. Kids get new information in the virtual world of video games without really knowing that they‘re learning. Anneta , Leonard mentions in her other essay â€Å" Video Games AND Simulation AS Teaching Tools†. She says that the enticement of video games can be used to enhance K-12 education. Also the use of video games could replace a traditional teaching. She gives North Carolina State University (NSCU) as example, because they encourage video games as a supplement to normal instruction. Also she says that virtual-learning environments being introduce to school through (Innovative Gaming Networks In Teacher Education), a synchronous, online graduate course1 and through HI FIVES (Highly Interactive Fun Internet Virtual Environment in Science2. Video games play a big role in health field, strange but true. According to Healthcare Financial Management â€Å"Video Games: Good for your Health†. The games helping in health are: * Games for rehabilitation and therapy which aid balance and mobility in Parkinson’s patients, others used as a â€Å"distraction device† to control pain and stress. * Exergaming which incorporate physical activity, such workout game, or games that make you move to get to the target, for example, kinnect. * Games for major healthcare provider: Insurance companies met to discuss ways to use videogame technology to solve critical healthcare challenges. Additionally, a team of graduate students at Carnegie Mel- Ions Entertainment Technology Center has developed a game called Project ER, designed to lower stress for 60,000 children who visit the EDs of Pittsburgh Medical Centers each year. During a test run, the team gathered considerable research on how to deploy such systems in healthcare settings. * The rise in games for first responders and medical professionals: One new game system allows health professionals to interact with 3-D simulations of emergency healthcare environments. Additionally, an online, multiplayer game trains physicians to communicate more effectively with their patients. Parents need to be aware of the video games danger. And also need to take advantage of the good side of the technology and guide their kids. According to website (media-awareness. ca/english/parent/video games/index. cfm) Amy Phillips says in her essay â€Å"Console video games† that the video games encourages teamwork, increase self-confidence and improve hand and eye coordination, but in negative side the kids could have trouble distinguishing fantasy from reality in the games. According to the website, the parents need to involve and have a concern about video games. Parents of young children should be aware of the following concern: Young children may become more aggressive and fearful if they are exposed to high levels of violence in video games. The violence portrayed in video games usually has no consequences, and is often there for the sake of humor. Parents need to watch what the kids are playing in the computer and video games. Parents need to follow up with video game rating. For example; at 2008 study by the U.S. Federal Trade Commission (FTC) found that 20% of children under 17 surveyed had bought at least one M-rated game. A study by the Kaiser Family Foundation found that three-quarters of boys in grades seven to twelve had played Grand Theft Auto, an M-rated game. The entertainment industry aggressively markets violent media to young children. In September 2000, the U. S. Federal Trade Commission (FTC) released a report that exposed how the media industries actively target young children with violent entertainment meant for adults. According to the FTC, almost every video-game company they investigated regularly marketed violent M-rated games to children. For instance, the E-rated game LittleBigPlanet includes content intended to promote another Sony game, Metal Gear Solid 4, which is rated M. Toys based on action characters from games meant for mature players are often marketed to young children. Halo, an ultra-violent video game rated for players 17 and older, has spawned action figures marketed to children under 8 years old. Other issue is Childrens ideas of what it means to be male and female can be negatively influenced by stereotypes found in media. Video games are designed by males for males, and so generally contain very few female characters. Those females that do appear are often portrayed as victims, while the male characters are the aggressors. The study Video Game Characters and the Socialization of Gender Roles shows that young people hold perceptions of gender roles that mirror how men and women are depicted in video games. Many games popular among youth are either played online or downloaded from sites such as Newgrounds and eBaums World. The ESRB rating system does not cover such games. User-created content is an increasing part of todays games. This means that even if the original game has a rating appropriate for your child, it may be possible to download additional content that is not. Games often have a multiplayer component which allows children to play with other people over the Internet. These multiplayer games usually permit conversation between players which is typically immoderate. Other people see that the video games have a positive side on general and for example using the video games in health and in school.

A Purposeless Pilgrimage: The Canterbury Tales

A Purposeless Pilgrimage: The Canterbury Tales The Canterbury Tales is a collection of stories told by the characters within the story, written by Geoffrey Chaucer. He wrote with a strong opinion which he uses to make a blatant statement about the Roman Catholic Church. His opinion is that people within the church, including the leaders can be living hypocritical lives. It reflects the idea that the characters in The Canterbury Tales were on a purposeless, spiritually meaningless pilgrimage. This piece directly addressed the religious issues of the common Englishman. Chaucer was not the only one to shine light on the religious hypocrisy, but he allowed even those of lower standing to become knowledgeable with the publishing of The Canterbury Tales. The most interesting development of Chaucers idea is that history agreed with his desire for change in the church. The Canterbury Tales altered the standing of the Roman Catholic Church by expressing to the common man that corruption existed within the commonly accepted church. Chaucer created The Canterbury Tales, a story of a pilgrimage to Canterbury Cathedral in which each of the characters tell tales with morals. Chaucer began the prologue from the perspective of the main character. The nameless character was on his way to Canterbury Cathedral when he crossed paths with a large group headed in the same direction. He joined their group of twenty-nine, and he enlightened the reader to the appearances and personalities of his new acquaintances (Eds, 95. 19-27). Chaucer reached a new crowd with The Canterbury Tales in the way that common people could relate. Each character had a career, spouse and family; ambitions, motives, and a reputation. Although Chaucer never completed his initial plans for The Canterbury Tales, he wrote the prologue and twenty-four tales (Eds 90). Prentice Hall Literature claims, regardless of the technically incomplete work, the tales, stand together as a complete work, (90). This poem used the pilgrims and their stories to further the underlining message. The Canterbury Tales is a literary work which showed the prominence of religion in Chaucers time. At this time in England, Catholicism was the most predominant form of Christianity. Church leaders held great strength; their influence was remarkable. Singman and McClean venture so far as to say, Being a part of medieval England was in fact the same as being part of the church. All Christians in Western Europe were subject to the spiritual authority of the Pope (the Catholic Church was the only officially accepted church in Western Europe, although there were other churches elsewhere,) (26). Another large religious influence was the encouragement of monasticism. KÃ ¼ng wrote, In the officious church ideal view, the medieval world was a world dominated by priests, nuns, monks, and their ideal of continence, (105). Church, spirituality, and religion were fairly large aspects of the England before The Canterbury Tales. The Canterbury Tales altered the standing of the Roman Catholic Church. Hidden truths can be found through the characters and the tales of the pilgrims. Despite the fact that The Canterbury Tales is fiction, these people represented Englishmen of this time. Chaucer explained to the readers who they are and where they have come from. Many times he described with honorable qualities, yet the unfortunate, shameful qualities outweighed the positive. Anthony of Taize said, Chaucer, no doubt, more or less realized that he was better equipped to represent fallen nature than effective grace. That would help explain why critics use the word idealized to qualify Parson and Ploughman portraits. Still, he certainly knew a thing or two about the possible alternatives to the primrose path. The church could no longer be viewed the same due to the truths of the pilgrims. To note the troubled motives of the pilgrimage, Chaucer used examples of people who were expected to understand the significance of the pilgrimage. The Nun or Prioress was the first notable character. She earned the position of aristocracy and was a very refined and cultured woman. This nun, Madam Eglantyne was said to be greatly sentimental and kind, as well as wearing a bracelet with prayer beads and singing a daily prayer (122-166). Interestingly, she made her religious act of prayer very public; often times that is not necessary. In Matthew 6:5 it says, And when you pray, do not be like the hypocrites, for they love to pray standing in the synagogues and on the street corners to be seen by men. I tell you the truth, they have received their reward in full, (The Treasure Study Bible 1324). Verse six and seven continue on to say prayer should often be private and personal. Although praying in public is not wrong, the motives of the Nun are questionable. Her prayers seem to have bee n simply out of duty. Swisher claims, [The] Prioress is more worldly than religious, (39). She gave the appearance of being spiritual, yet she does seem to be more concerned with etiquette. Her focus may have been on proper living and etiquette, but the Nun certainly would not be considered corrupt in comparison to her fellow spiritual aristocrats, the Monk and the Friar. Regarding the Monk, Chaucer wrote, The Rule of St. Benet or St. Maur/ As old and strict he tended to ignore; /He let go by the things of yesterday/ And took the moderns worlds more spacious way, (177-180). This monk certainly did not have the desire to oppose the ways of the world. He enjoyed food, and hunting and he spared no expense, (196). The Monk presented the disappointing reality of the devout religious figures. In The Canterbury Tales, Chaucer allowed the reader to know the Friar is a man who should not be trusted. The Friar, named Hubert, was an openly religious man (279). He was a member of all four of the monastic orders, yet he lived simply the way he wanted. Chaucer wrote, For he was qualified to hear confessions, / Or so he said, with more than priestly scope; / He had a special license from the Pope, (223-224). Chaucer then suggested, Therefore instead of weeping or prayer / One should give silver for a poor Friars care, (235-236). In lines 245-250, Chaucer described his relationship with barmaids and the nearby taverns. He wrote, For in so eminent as a man as he/ It was not fitting with the dignity/ Of his position. He embraced worldly living. Worldly living entirely contradicts the concept of being a friar. He rebuked those with a speck in their eye, ignoring the plank in his own (Matthew 7:3, The Treasure Study Bible 1326) . The stanzas continue recording all of the worldly activi ties in which he was involved. He abused his power, took advantage of the vulnerable, and participated in an immoral lifestyle. On the other hand for the first time in the entire prologue, the reader feels appreciation for one of the pilgrims. He was a holy-minded man, (487) who Chaucer declared truly knew Christs gospel and would preach it, (491). The Parson was diligent, humble, and led by following Gods Word himself. Chaucer never claimed such respectable things of the other twenty-eight pilgrims. This ideal pilgrim represented the hope for the Roman Catholic Church when everything else was falling apart. The genuine life of the Parson pointed out that not all of the church was in the wrong. The Parson represented the remaining purity. His lifestyle choices were almost directly opposite of the many other pilgrims. One notable difference was his extreme selflessness. Chaucer wrote, He much disliked extorting tithe or fee, unlike the Pardoner. He helped fellow Christians in need; he was just a call away (495-504).Chaucer was very clear about his standing with the Parson. I think there never was a better prie st. / He sought no pomp or glory in his dealing, / No scrupulosity had spiced his feelings./ Christ and His Twelve Apostles and their lore/ He taught, but followed it himself before, ( 534-536). True Christianity was certainly not prevalent in the message in The Canterbury Tales. Excluding the Parson, the majority of its characters contradicted the belief of purity and godliness. Chaucer saved the most extreme character descriptions for last; the Pardoner was one of the strongest examples of a corrupt religious character in The Canterbury Tales. The Pardoner sold relics of no value and of no significance to the gullible Christians by his convicting songs and sermons. John Wellford says, He is therefore a 14th century English version of the snake-oil salesman. He took advantage of the ignorant and deceived congregations into handing in hard-earned money for fake souvenirs. The most horrifying idea the Pardoner presented is the irony in his sermons and his lifestyle. He lived his life knowing right and doing wrong. The Pardoner was a man who led his life radically in contradiction to his supposed beliefs. The Pardoners moral in his tale was Radix malorum est cupiditas. The moral means Greed is the root of all evil, in Latin (Chaucer line 8, 142). His purpose in telling the tale was to reap the benefits of those simply wanting forgiveness and a relationship with God. The Pardoner wanted tangible benefits. He stated, But let me briefly make my purpose plain; I preach for nothing but for greed of gain, (41-42). Salvation of his listeners was completely insignificant to him (23). With the Pardoner, Chaucer provided a solid example of what the pilgrims should not be. Chaucers Canterbury Tales changed the way people viewed the Catholic Church. He chose to write a fictional story, yet his intentions are still clear. One cannot misconstrue a segment from The Canterbury Tales prologue. Chaucer wrote, For if a priest be foul in whom we trust / No wonder that a common man should rust; / And shame it is to see-let priests take stock-/ A soiled shepherd and a snowy flock. / The true example that a priest should give / Is one of cleanness, how the sheep should live, (511-515). Chaucer needed the common man to see the hypocrisy and double standards of the Roman Catholic Church in the thirteenth century. Conveniently, as history shows, reform was soon on its way (Collinson). Elton declared, The Church was full of weaknesses and abuses; reforms had been talked about for a very long time, (105). The Canterbury Tales assisted in preparation for what is known as The Reformation of the fourteenth century. The Roman Catholic Church was put on the spot, revealing the need for reform. The Canterbury Tales emphasized the realties of the Roman Catholic Church in Chaucers age. Chaucers piece of literature created quite the disruption in the typical view of accepting the church. He used the pilgrims traveling to Canterbury Cathedral to speak on the spiritual status of the nation and church. There was a very clear message of hypocrisy in the majority of the pilgrims who claim Christianity in the story. Looking from a Biblical perspective, their doctrine does not agree with their actions. The Canterbury Tales strengthened the desire for purity within the church.

The Many Eccentricities of Kim Jong Il Essay -- International Governme

Over the course of history, it can be determined that the most evil of dictators follow the same set of characteristics. Generally, these tyrants rule with an iron fist, deploying military power whenever they feel they should. They often funnel their state’s coffers into their own personal bank accounts, and it is common for dictators to force their people to treat them with the utmost reverence and respect. These traits are seen in rulers like Hitler, Stalin, Mugabe and Hussein. However, there is one dictator set apart from the rest--the North Korean former President Kim Jong Il. It is Il’s eccentricities, of which there are many, distinguish from the other members of Dictator’s Club. Kim Jong Il has been characterized by many renowned psychologists as narcissistic, antisocial, sadistic, paranoid, schizoid and schizotypal, as per what a â€Å"normal† dictator can be diagnosed with. However, he has also been typified as pteromerhanophobic, or deathly afraid of flying. This leads to his first eccentricity: his insistence of leaving North Korea only by armored train. The train spans seven rail-cars with two electric diesel cars to pull it along. Its windows are bulletproof, and though it does not seem to be armored, the fuselage of the cars is made from heavy metal plating. Though armored trains are not generally considered useful, and most are not in use, Il employed his regularly, using it to travel to such destinations as Moscow, Beijing and Siberia. A Russian emissary who traveled by the train described it as very ornate, and also disclosed that Il had had live lobsters airlifted daily to the galley car. Another traveler aboard the train said Kim Jong Il had multiple sets of pure-silver chopsticks stored aboard with which he might... ...w.telegraph.co.uk/news/worldnews/asia/northkorea/8965098/Kim-Jong-il-double-rainbows-fear-of-flying-and-Godzilla-10-things-you-might-not-know.html>. "No Motherland Without You." Wikipedia. Wikimedia Foundation, 24 May 2012. Web. 25 May 2012. . Fuller, Graham. "Mad for the Movies: On Kim Jong-Il's Insane Obsession With Hollywood (and Elizabeth Taylor)." Artinfo. 19 Dec. 2011. Web. 25 May 2012. . Savage, Mark. "Kim Jong-il: The Cinephile Despot." BBC News. BBC, 19 Dec. 2011. Web. 25 May 2012. "Pteromerhanophobia." Wikipedia. Wikimedia Foundation, 21 May 2012. Web. 27 May 2012. .

Racism in America :: Racist Racial Discrimination

  Ã‚  Ã‚  Ã‚  Ã‚   Many people are not aware of how much racism still exists in our schools, workforces, and anywhere else where social lives are occurring. â€Å"Nine out of ten people in society today believe that racism does not exist† (Hutchinson 5). It is obvious that racism is bad as it was many decades ago, but it sure has not gone away. Racism very much exists and it is about time that people need to start thinking about the instigations and solutions to this matter. Many people today live their lives oblivious to what is happening in the world around them, often trying to convince themselves that racism is not a problem in their world. Others know all about the problem, but don’t really realize that they themselves could possibly be adding to the problem by discriminating against someone else’s human rights, and at the same time going around saying how open minded they are. Many people also believe that it depends on if a person was brought into the world as a racist or not, but that is not the case at all. In fact, an individual cannot be born a racist but only learn to become one as they grow from childhood to adulthood.   Ã‚  Ã‚  Ã‚  Ã‚  What is racism really? Racism is not knowing anything about someone when you look at them, but disliking them anyway, not because of who they are, but what they are. Racism is cowardly. More importantly, racism is a weakness and an obvious sign of ignorance. So what is it that makes us racist? More than likely it is fear of the unknown. In other words, it is lack of education. The only way to better this ignorance is to educate oneself. Since racism is learned and not genetic, it is something that needs to be taken care of in school starting form young children. In Brown v. Board of Education, the whole issue was that schools could be segregated only if they were â€Å"equal†. This was decided by the case of Plessy v. Ferguson. Schools in the South were not equal so Brown v. Board of Education was filed. â€Å"Supreme Court Judge Earl Warren decided with the rest of the Supreme Court that segregated schools were in fact unlawful† (Hutchinson 10). Sch ools went through drastic changes but some schools didn’t like the idea. â€Å"Schools in Prince Edward County had closed due to the ruling and children in the county lost out on their education†(Hutchinson 10).

Long Day’s Journey Into Night

In Eugene O’Neill’s play A Long Day’s Journey into Night, the main protagonist, Mary Tyrone, functions as an instrument of suffering of others. Her sons Jamie and Edmund both suffer internal tragedies that could easily be blamed on her. Like her sons, her husband Tyrone faces his own internal conflicts, some of which are because of Mary. Mary Tyrone is a â€Å"recovering† addict who has an extremely hard time admitting her problem and is sometimes in denial about her problem. Her denial is a huge factor in the suffering that her sons and husband have.Jamie, Mary’s eldest son, is an alcoholic that undermines his brother. In the earlier half of the play the reader learns from Tyrone that Jamie hates Edmund and is extremely jealous and angry towards him. This becomes evident later on the in the play when Jamie tells Edmund how he feels using terms such as â€Å"Mama’s baby and Papa’s pet†¦Ã¢â‚¬  (167), showing the reader his enviou s feelings. Jamie is jealous towards Edmund and resents the fact that he was ever born. Because all of Jamie’s jealousy is due to Edmund’s birth, the true blame and jealousy is toward Mary for giving birth to Edmund.Jamie knows, as well as Mary, knows that the reason for Edmund’s birth was due to the loss of her second son Eugene. After Eugene died Mary felt lost and empty and decided to give birth to a third child, Edmund, in hopes of helping her cope with the loss of her second son. Knowing this adds to Jamie’s jealousy towards Edmund and his bitterness towards his mother. Not only is Jamie angry at his mother for having Edmund, he is angry at her for being in denial of her problem.He knows that his mother is a morphine addict but cannot accept the fact that she won’t admit she is back into her habit. Her addiction causes his addiction. Jamie’s anger towards his mother’s obsession causes him to drink. The more Mary denies her action the more Jamie drinks. Although he is aware of her addiction, he tries cover for her by making up little excuses to her whereabouts and or her physical appearance. Edmund, like Jamie, is also aware of his mother’s morphine addiction but makes excuses of Mary’s actions and appearances to his brother and father.Both Edmund and Jamie hope that by covering for their addicted mother, they will be able to salvage what is left of their broken family. During the play Edmund learns that he has consumption or tuberculosis. This means that he will have to spend up to one year in a sanitarium. After it is learned that Edmund got consumption when he went to foreign lands earlier in life to escape the troubles of his family, it is easy to blame Mary Tyrone for his illness. There would have been no reason for Edmund to escape his family if his mother was not addicted to morphine.If Mary wasn’t an addict than it is highly probable that Tyrone and Jamie would not be alcoholics and Edmund would not be ill and an alcoholic-in-training. After Edmund is diagnosed with consumption, the family must decide on which sanitarium to send him to. Mary and Jamie try to say that Edmund’s consumption is due to the previous sanitariums that Edmund’s cheap father Tyrone decided upon. However, Tyrone’s being cheap is not to blame for Edmund’s illness, his mother is.Mary Tyrone brings about the suffering of her sons and husband through her own morphine addiction. Her addiction contributes immensely to Tyrone’s and Jamie’s alcoholism as well as Edmund’s illness. Their sufferings allow for this play to be a tragedy and for the reader to establish the theme that family-dynamics can hold us back if someone cannot take personal responsibility and move on. Mary Tyrone is a tragic figure in the tragedy A Long Day’s Journey into Night who functions as an instrument of the suffering of others.

EC Law Essay

Part A Sonja is a temporary farm labourer of 16 years old. In the summer of 2005 she was hospitalized with sunburn got from working in the field without adequate UV protection according to the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive adopted by the EC. The Directive provides that the Member States should ensure â€Å"Sunblock and Sunglasses† to â€Å"workers in outdoor activities† within the meaning of the Directive. According to the independent arbitration scheme with employers set up with the approval of the Government by the Finnish Farm Labourers Union, Sonja, has brought her claim before the Arbitrator. Her claim requires that the Arbitrator interpret the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive. The Arbitrator considers that Sonja’s claim should be dismissed because she is not a â€Å"worker† according to his interpretation of the Directive, but merely an â€Å"apprentice† who does not qualify for legal protection. As provided in the independent arbitration scheme the decisions of the Arbitrator are legally binding and there is no right to appeal. According to the rules of procedure established by the instituting treaties of the European Communities for the Court of Justice of the European Communities, the Court’s jurisdiction is automatically mandatory in the areas expressly provided by the Treaties. There is no need for the Member States to accept this competence which means that the Court can be authorized by only one party, even against Member States. This also means that in the attributed domains by the treaties its competence is exclusive compared to any other jurisdiction. Article 234[1] (ex Article 177) from the consolidated Treaty establishing the European Community provides that: „The Court of Justice shall have jurisdiction to give preliminary rulings concerning: (a)  Ã‚  Ã‚  Ã‚  the interpretation of this Treaty; (b)  Ã‚  Ã‚  Ã‚  the validity and interpretation of acts of the institutions of the Community and of the ECB; (c)  Ã‚  Ã‚  Ã‚  the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide. Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.† In the case of Sonja, because the independent arbitration scheme set up between the Finnish Farm Labourers Union and the employers is conducted with the approval of the Government, to settle disputes regarding pay and conditions of work we can assimilate the Arbitrator with a court of law. The Arbitrator has an exclusive competence in this field. Moreover, he meets the requirements set up in the last provision of the Article 234, as set forth, because his decisions are legally binding and there is no right to appeal. This institutes an obligation upon the Arbitrator that whenever he has to interpret any act of one of the institutions of the Community he should raise a case before the Court of Justice of the European Communities. Therefore, before interpreting the provisions of the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive on the meaning of â€Å"worker† within the said act, the Arbitrator should have brought recourse in interpretation before the Court of Justice of the European Communities. The conditions for such recourse, as provided in the Article 234, are that: there has to be an open case brought before a national form of jurisdiction that has to request the Court, asking for the interpretation of an act of one of the institutions of the Communities. Because the Arbitrator did not open such recourse before the Court of Justice of the European Communities, Sonja has grounds for dismissal of his decision in front of a higher Finnish court of law through an extraordinary procedure. The dismissal can be decided only on procedural issues and not on the merits of the case because the decisions of the Arbitrator are not subject to appeal. In general, international jurisdictions are only competent to try states. They can not be used as a legal remedy by natural persons. However, the Court of Justice of the European Communities is accessible not only to the member states of the European Communities, but also, in very strict conditions to individuals, natural and legal persons. This provides Sonja with, yet, another alternative for her case. She can bring an annulment recourse before the Court. The annulment recourse is the possibility of the states, institutions of the Communities and natural and legal persons to challenge in front of the Court   a mandatory act issued either by the Council or by the Commission, and to be granted in certain conditions the annulment of the act. This is a way to control EU acts and their conformity with the instituting treaties. The provisions of the Rome Treaties show that there can be subjected to this form of recourse acts that are mandatory like directives and regulations, and in certain situations even decisions.   Article 230[2] (ex Article 173) of the consolidated Treaty establishing the European Community provides that: â€Å"The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and opinions, and of acts of the European Parliament intended to produce legal effects vis-à  -vis third parties. It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives. Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. [†¦]† Usually, individuals are allowed to bring actions before the Court only in reference to regulations which directly apply to them and directly breach their rights. However, proceedings can be brought regarding a directive in situations in which it has the same effects on the individual.   The â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive directly infringes Sonja’s right to adequate protection for the type of labour she is doing and for the conditions in which she works by limiting the notion of â€Å"worker† to which it applies. With this limitation the Directive breaches the substantial provisions of the Treaty establishing the European Community. Regarding work, Article 13 of the Treaty provides that: â€Å"1.     Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.†[3] Therefore the principle of the prohibition of discrimination on grounds of age is laid down by an instituting treaty. It bears no difference that Sonja is only sixteen. She should not be discriminated against for this reason and not be considered as a â€Å"worker† under the Directive. The term â€Å"worker† is also described in many EU acts, including in the jurisprudence of the Court of Justice of the European Communities. The notion is wide and non-discriminatory, especially when considering a persons rights or the breach of these rights. â€Å"26. In accordance with the Court’s case-law, the concept of worker, within the meaning of Article 48 of the Treaty and of Regulation No 1612/68, has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a worker. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration[4]† Moreover, the restriction on the term â€Å"worker† is in direct violation with the Directive No. 33 of 22 June 1994 on the protection of young people at work which applies to persons under 18 and provides that they should have suitable work conditions, â€Å"measures necessary to protect the safety and health of young people[5]†. In conclusion, the limitation of the notion of â€Å"worker† from the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive that prevents Sonja, because of her age and because she is a temporary worker to benefit from the proper work protection, is in direct violation of the instituting treaties, the principles on which the EU is based, the jurisprudence of the Court of Justice of the European Communities and basic human rights. This provides Sonja, although she is a natural person, with the active legal quality to bring recourse in annulment before the Court due to what she has suffered from the effects of this act. Part B The joined cases of Bernard Keck and Daniel Mithouard were brought before the Court of Justice of the European Communities as a reference under Article 177 of the EEC Treaty[6] by the Tribunal de Grande Instance (Regional Court) from Strasbourg (France), for a preliminary ruling in the criminal proceedings pending before the tribunal against the two. The Tribunal de Grande Instance has asked the Court of Justice of the European Communities to give an interpretation of the rules of the EEC Treaty relating to competition and freedom of movement within the Community. The Court has found that â€Å"Article 30 of the EEC Treaty is to be interpreted as not applying to legislation of a Member State imposing a general prohibition on resale at a loss†[7]. In the decisions of Keck and Mithouard the Court institutes certain principles regarding the measures that can be taken by states. Such a principle is the one stating that: â€Å"national measures which limit or prohibit ‘certain sales practices’ do not fall within the scope of Article 30[8], so long as they are applied to all those operating within the national territory and that they affect in exactly the same way, both in law and in practice, the marketing of national products and those originating from other Member States†[9]. The Court of Justice of the European Communities has subsequently interpreted the decisions in the cases of Keck and Mithouard on the matter of advertising, especially the vague formulation: â€Å"selling arrangements†. The decisions were applied and interpreted in connection to the way producers are able to market their goods and to the marketing strategies used by them. However, the two cases were exceptional interpretations of the Article 28, due to the circumstances and should have been regarded as such. On the contrary, this interpretation was widely extended by the Court. The extension has brought about the possibility of member states to impose certain restrictions in advertising. These restrictions were thought by the Court to be outside the scope of Article 28. Such measures cover fields like: â€Å"TV advertising and sponsorship of programmes aimed at children below the age of 12 being prohibited[10]† in Sweden, the advertising of toys in Greece which is time restricted, banns referring to certain kinds of toys in Germany and Denmark and so on. Goods that are considered â€Å"sensitive† are also subjected to banns even at an EU level. As an example there is the ‘Television Without Frontiers’ (TVWF) Directive in which there is stated that children should not have easy access to advertising for goods such as cigarettes and alcohol. Cases were brought before the Court with regards to such measures. Some decisions given by the Court find basis on its previous Keck and Mithouard decisions: â€Å"With respect to the free movement of goods (Article 30) the Court recognised that the ban on advertising could affect the free movement of the products advertised. It then referred to the Keck-Mithouard jurisprudence and ruled that a Member State could apply such restrictions if they were shown to affect in the same way, ‘in law and in fact’, the marketing of domestic products and of those from other Member States; were necessary for meeting overriding requirements of general public importance or one of the aims laid down in Article 36 of the EC Treaty; were proportionate for that purpose and that those aims could not be met by less restrictive measures†[11].   In conclusion, bans of advertising are considered to be in accordance with the Article 28 when they affect in the same way the marketing of the domestic products and that of the products from other Member States, they are necessary for requirements of general public importance and when less restrictive measures could not have been applied. Thus, the Court institutes the principle of proportionality that applies even if the ban has more serious effects on goods coming from other states than on national ones. Any state restrictions of the â€Å"selling arrangements†Ã‚   automatically affect access to the market contrary to what the Court has considered in the cases of Keck and Mithouard.   It is of course true that such restrictions provided in a non-discriminatory way do not infringe of the free movement of goods, but they do affect trade. Measures taken by states have to be â€Å"uncertain† and â€Å"indirect†, for them to fall outside the scope of the Article 28 and be regarded as breaches of the free movement of goods. The Keck case institutes a kind of presumption that certain measures taken by states, that fall under a certain category should be regarded as â€Å"uncertain† and â€Å"indirect† and therefore outside the scope of Article 28. This presumption is damaging in some cases. The measures should be analyzed according to the merits of each individual case and the effects they have in that particular case. Therefore, I believe that the cases of Keck and Mithouard affect the balance between state responsibilities and the free movement of goods. Bibliography: Consolidated Version of the Treaty Establishing the European Community (2002), Official Journal C325, Retrieved of the 10th on January 2005, Available at:   http://www.europa.eu.int/eur-lex/lex/en/treaties/dat/12002E/htm/12002E.html Brian Francis Collins v Secretary of State for Work and Pensions (23 March 2004); Judgment of the Court (Full Court);Case C-138/02; European Court reports 2004 Page I-02703, Retrieved of the 10th on January 2005, Available at: http://www.europa.eu.int/eur-lex/lex/Notice.do?val=287581:cs&lang=en&list=391912:cs,287581:cs,341893:cs,287498:cs,278038:cs,277710:cs,269338:cs,264078:cs,250808:cs,247148:cs,&pos=2&page=1&nbl=18&pgs=10&hwords=work~worker~&checktexte=checkbox&visu=#texte Criminal proceedings against Bernard Keck and Daniel Mithouard (24 November 1993); Judgment of the Court;   Joined cases C-267/91 and C-268/91, European Court reports 1993 Page I-06097, Retrieved of the 10th on January 2005, Available at:   http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:61991J0267:EN:HTML#DI    Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, Official Journal L 216 , 20/08/1994 P. 0012 – 0020,   Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31994L0033:EN:HTML Lolivier, Marc (January 1998), The De Agostini ruling and advertising regulation, Commercial Comunications Newsletter, Edition 10,   Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/comm/internal_market/comcom/newsletter/edition10/page04_en.htm Stanbrook, Lionel ( October 1997), Children’s advertising, consumer protection and the country of origin principle, Commercial Comunications Newsletter, Edition 09, Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/comm/internal_market/comcom/newsletter/edition09/page18_en.htm Statute of the Court of Justice (November 2005), Retrieved of the 10th on January 2005, Available at:   http://curia.eu.int/en/instit/txtdocfr/txtsenvigueur/statut.pdf Þorvaldsson,   Bjà ¶rn (2002), Keck and Mithouard,   Master Thesis, Master of European Affairs Programe, Law, Retrieved of the 10th on January 2005, Available at: http://www.jur.lu.se/Internet/english/essay/Masterth.nsf/0/585A26471860B6F6C1256BCD00730AAF/$File/xsmall.pdf?OpenElement Mollers, Thomas M.J. (February 2005), EuGH, Rs. C-405/98 v. 8.3.2001 – Gourmet International Products, Faculty of Law, Augsburg University, Retrieved of the 10th on January 2005, Available at: http://www.jura.uni-augsburg.de/prof/moellers/materialien/materialdateien/050_eugh_entscheidungen/eugh_1998_405_gourmet_international_products_en/ Competitive Federalism and Market Access in the EU, Jean Monet Center, NYU School of Law, Retrieved of the 10th on January 2005, Available at:   http://www.jeanmonnetprogram.org/papers/01/012701-04.html [1]   Treaty establishing the European Community, Art. 234 [2] idem, Art 230 [3] idem, Art. 13 [4] Brian Francis Collins v Secretary of State for Work and Pensions (23 March 2004) [5] Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work. [6] Treaty establishing the European Community, ex Article 177 [7]Criminal proceedings against Bernard Keck and Daniel Mithouard (24 November 1993) [8] in the consolidated Treaty the number of the article has become 28 and it will be referred to accordingly [9] Lolivier, Marc (January 1998), op. cit. [10] Stanbrook, Lionel (October 1997), op. cit. [11] idem