Analyse the main ways in which liability rules for environmental pollution may affect banks when they lend funds to those who generate pollution and/or make loans secured over land which is (or might become) polluted. ii) How can a bank act responsibly in relation to these risks?

Environmental liability is a topic banks are beginning to think about very seriously when they consider what will be adequate security for a loan. In their 2005 article, Lee & Egede conclude that: [P]rospects of liability falling on the bank, while not impossible, are remote, assuming that the bank acts responsibly. On the other hand, indirect impacts of liability rules-such as the impact of laws on a client’s ability to repay a loan-are increasingly pervasive. This is true to the point that prudent lending policy must take account of environmental considerations. -R. Lee & T. Egede Bank Lending and Environmental Liability (2005) The Centre for Business Relationships, Accountability, Sustainability and Society Working Paper Series No. 30, at 2. Available from: https://www.brass.cf.ac.uk/uploads/wpbanklendingRLTE1105.pdf

Explain the concept of dominance and evaluate the proposition that the Court of First Instances judgment in Microsoft v Commission provides support for the Commissions firm stance on dominant undertakings in innovation industries.

DISCUSSION: Required reading includes McMahon and Howarths article Windows Has Performed an Illegal Operation: The Court of First Instances Judgment in Microsoft v Commission. This article discusses Microsofts appeal to the Court of First Instance of the Commissions findings that Microsoft had abused its dominant position in relevant markets by both refusing to supply interoperability information necessary to compete in downstream markets, and in tying its Windows Operating System and Windows Media Player products in a way that foreclosed competition in the market for media player software.

Describe the structures of cold-blooded and warm-blooded ecosystems of the past and present. Include in your answer: a. a description of ectothermic poikilothermy and endothermic homeothermy, b. a description of trophic pyramid structures for the two types of ecosystems and the effects of the removal or diminution of one level in the pyramid, c. a description of the effect of predator size on prey choices and the different adaptations of large predators.

Describe the structures of cold-blooded and warm-blooded ecosystems of the past and present. Include in your answer: a. a description of ectothermic poikilothermy and endothermic homeothermy, b. a description of trophic pyramid structures for the two types of ecosystems and the effects of the removal or diminution of one level in the pyramid, c. a description of the effect of predator size on prey choices and the different adaptations of large predators.

Dynamic Habitats: Marine Intertidal Communities (20 points) Compare and contrast estuarine wetlands and the rocky shore which are influenced by tides. Include in your answer: a. a comparison of the estuarine and rocky shore habitats, b. the influence of tides on these two types of habitats, highlighting the differences, c. the special adaptations of organisms which live in these two communities, d. zonation occurring in these communities.

Dynamic Habitats: Marine Intertidal Communities (20 points) Compare and contrast estuarine wetlands and the rocky shore which are influenced by tides. Include in your answer: a. a comparison of the estuarine and rocky shore habitats, b. the influence of tides on these two types of habitats, highlighting the differences, c. the special adaptations of organisms which live in these two communities, d. zonation occurring in these communities.

Freshwater Wetlands and Vernal Pools (25 points) Describe the pattern of life in freshwater wetlands and vernal pools and the roles they play in the lives of animals that rely on them.

Include in your answer: a. the similarities and differences of freshwater wetlands and vernal pools b. a description of resource partitioning in these aquatic habitats that allows high biodiversity c. the life histories of dragonflies and tiger salamanders and the value of possessing a larval stage in a life history

how competition has been reduced between members of sympatric populations belonging to the same guild

Describe the ecological concepts of community and guild. Include in your answer: a. the definitions of the terms guild, niche, keystone species, and key ecological function b. the definitions of a biological community and the opinions that communities are simply overlapping species that can survive in a particular habitat or that communities are superorganisms, the coherence of which is dependent on species interactions c. an explanation of how guilds may include unrelated plants and animals

Consider whether the problem you have selected relates to input, throughput, output, cycles of events, and/or negative feedback. Think about how you could address the problem:

Paper must be 3 pages in addition to title page and reference page. Resources except for those provided must have been written within the last 5 years. Assignment: Application: Systems Theory As noted in the Learning Resources, systems theory provides a meaningful and beneficial means of examining challenges in health care organizations. To do this effectively, however, it is essential to assess all system components, as some may be relatively healthy while others are problematic. For this Assignment, you apply systems theory to the examination of a problem in a department or a unit within a health care organization. (Note: You may use the same problem you identified for the Discussion as long as it meets the criteria for this assignment.) To prepare: Review the Meyer article, Nursing Services Delivery Theory: An Open System Approach, in this weeks Learning Resources. Focus especially on the information presented in Table 1 (p. 2831) and Figure 2 (p. 2833). Reflect on your organization or one with which you are familiar. Within a particular department or unit in this organization, identify a problem the staff is encountering. Using Table 1 in the Meyer article as a guide, analyze the department or unit, identifying inputs, throughput, output, cycles of events, and negative feedback.Consider what a desired outcome would be, then formulate related goals and objectives, and translate those goals into policies and procedures. Research professional standards that are pertinent to your identified problem. Reflect on the organizations mission statement and values. In addition, consider how addressing this problem would uphold the mission and values, while improving the organizational culture and climate. (Depending on the organization you have selected, you may have explored these in the Week 1 Discussion.) To complete: By Day 7 Write a 3- to 5-page paper (page count does not include title and reference page) that addresses the following: Describe a department or unit within a health care organization using systems theory terminology. Include a description of inputs, throughput, output, cycles of events, and negative feedback. Describe the problem you identified within the department or unit using an open- systems approach, and state where the problem exists using the systems theory model (input, throughput, output, cycles of events, or negative feedback). Based on this information, explain how you would address the problem as follows: Formulate a desired outcome. Identify goals and objectives that would facilitate that outcome. Translate those goals and objectives into policies and procedures for the department or unit. Describe relevant professional standards. Explain how your proposed resolution to the problem would uphold the organizations mission and values and improve the culture and climate.
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Respond to DISCUSIION below by: Ask a probing question. Share an insight from having read the discussion. Offer and support an opinion. Validate an idea with your own experience. Make a suggestion. Expand the discussion

DISCUSSION: I.0 INTRODCUTION Competition is healthy for both the producers and consumers. Competition enables the producers to evolve and apply effective leadership and management skills that will guarantee a smooth running of an organization to the long run. Consumers too get several benefits like high quality products and good prices.[1] The problem that comes in when an organization becomes dominant in the industry, bur abuses the position with anti-competitive practices. These include abusing of a dominant position; formation of anti-competitive mergers, vertical restraints responsible for lessening competition or collusions.[2] The one discussed in this post is an abuse of dominance. Competition law protects these kinds of behaviors which is a threat to both consumers and other firms in the market. Although the post talks about tying and bundling, the content will focus on contractual tying. 2.0 CONTRACT TYPING Contractual tying is a behavior practiced by dominant organizations where a consumer is not able to purchase a key commodity without purchasing another good tied together. A consumer will therefore buy two products at a price that is lower than the individual sum of the products.[3] Even though the strategy is not aimed to scare away competition, it has been criticized as an anti-completive mishandling of a dominant position.[4] This has several efficiency benefits like saving costs for consumers when searching other items, to assure quality and to tie complementary goods like a camera and lens.[5] Tying and bundling can however be abused by firms in a dominant position to leverage market power, price discriminating the customers and to foreclose any entry within the tied market. 3.0 HOW CONTRACT TYPING CAN HARM COMPETITION Contractual tying is both healthy and unhealthy for the market. When used alongside anti-competitive behaviors, it can harm the market and especially new entrants. Organizations in a dominant position have a guarantee that their product is the best favored in the market. When trying a new product, the suppliers wont incur any additional costs in advertisements.[6] This therefore shall beat the competition as the product will enter the market the lowest cost. The dominant firm is able to set a low price that no other firm in the market or preparing to enter the market can manage. Contractual tying can also be harmful to consumers. Consumers are forced to buy two products tied together and are denied the option to have a choice. It also results to impulse buying making a consumer unable to effectively utilize his or her budget to buy prioritized goods. Low quality goods may also take a wider share in the market because the dominant firm will have sold many units to their customers. In the long run, consumers will spend more due to poor quality goods they were unable to avoid from the dominant market strategies. [7] 4.0 EXAMPLES OF CONTRACT TYPING The case of Eastman Kodak where the company tied their photocopier with respective spare parts is one instance of contractual tying. Their spare parts were not compatible with any other competitors devices, forcing their customers to buy them though with a high price. The Supreme Court found this a contractual tying, as the consumers were denied opportunity to explore other cheaper options. The court also found Kodak guilty of price discrimination due to the high prices of the spare parts.[8] With Kodaks argument, consumers would rather choose cheaper spare parts with shorter life cycle that would lead to higher costs in the long run. The Supreme Court however declined to accept this line or argument suggesting that Kodak restriction to sell the spare parts to ISO had led to increased prices of services. Another case involved Terra Pak II that had a dominant position in cartons and antiseptic packaging machines. In an attempt to increase the market position, it tied the machines with the cartons. The court however declined to uphold their line of argument which naturally linked the machines and the cartons.[9] 5.0 CONCLUSION Use of contractual tying can both be beneficial to the market and be harmful when mishandled by a dominant player through anti-competitive practices. The dominant firms may supply a low-quality commodity to the market making consumers less well-off of in the long run. New entrants and existing firms may also have less competitive power when the dominant firms use contractual tying. To enable healthy competition in the market, the competition law provides shield that ensures dominant firms do not abuse the position through anti-competitive policies. BIBLIOGRAPHY Bradford A Chilton, ‘COMPETITION LAW AROUND THE WORLD FROM 1889 TO 2010: THE COMPETITION LAW INDEX’ [2018] Journal of Competition Law & Economics Cetinkaya C, ‘The Evolution of Turkish Competition Law–Close To European Law?’ (2014) 5 Journal of European Competition Law & Practice Edwards J, ‘Accounting For Fair Competition Between Private And Public Sector Armaments Manufacturers In Victorian Britain’ (2015) 51 Abacus Harris M, ‘Snapping Up Kodak’ (2014) 51 IEEE Spectrum Maher I, ‘Competition Law Fragmentation In A Globalizing World’ (2015) 40 Law & Social Inquiry Parsons CX de Vanssay, ‘Detecting Market Competition In The Japanese Beer Industry’ (2013) 14 Journal of Industry, Competition and Trade Raff HJ Wagner, ‘Intra-Industry Adjustment To Import Competition: Theory And Application To The German Clothing Industry’ (2010) 33 The World Economy Rautela M, S PrajapatS Sharma, ‘Choice Of Law Contractual & Non Contractual Perspective’ [2018] SSRN Electronic Journal Tai C, ‘Intra-Industry Competition: Exchange Rate, Cross-Country Industry-Specific And Global Industry-Specific Shocks’ [2012] SSRN Electronic Journal
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