Careers in law are open to all and the legal profession is sufficiently diverse. Discuss.

This essay will begin by summarising the history of the position of women in society, move to look to the challenges that face women and employers and finally, summarise steps that can be taken in an effort to eliminate such restraints. Women have fought a long battle against subordination. As late as the twentieth century, in England and Wales, women remained legally subordinate to men. In other cultures, this position remains in practice today. In England and Wales, coverture referred to the rights of women being subsumed by those of her husband through common law marriage. This legal doctrine left women without an identity and gave her husband control of her, her property and the custody of her children. Marital rape was not outlawed until R v R came before the House of Lords in 1992. Society saw women merely as objects of their husbands. It was not acceptable for women to study medicine or law or to engage in politics. Liberal ideals were quashed by the belief that women were irrational, temperamentally unfit to deal with such subjects and their place was in the home being a subservient wife and maternal parent. During the war effort, in particular, women proved that they were capable of holding down important r oles within the workforce and society more generally, and were seen as rational and intelligent in their thinking as their male counterparts. Women were granted suffrage in 1928 through the Equal Franchise Act and have since broken down the barriers into almost all professions. Despite, in theory, women having the ability to do everything a man can do, challenges remain that make it difficult to suggest that men and women are truly equal. Both society and the legal profession now support women embarking on careers within the industry. By 2008-9, 60% of all new admissions to the Roll were women and 52% of those called to the Bar in the same year were women. The Bar society indicated that in 2009, 34% of barristers were women. These figures demonstrate that women now make up over a third of all barristers, however, barristers are usually well educated and often from high socioeconomic standing, so this figure does not fully represent whether the legal profession is diverse for the average woman. Statistical evidence also proves that women still struggle to be appointed to the highest positions within the legal profession. Few women are promoted to Queen’s Counsel and the first woman to sit within the House of Lords was only appointed to this position in 2003. Women are traditionally paid lower than men. The Equal Pay Act 1970 has attempted to solve the disparity between the male and female pay gap, however, it is not uncommon for a case of this nature to arise. Recently, an employee sued her employer, Lewis Silkin, on the grounds that she was being paid lower than a male counterpart. Arguments suggest that due to the more emotional, sensitive and maternalistic nature of women in comparison to men, often women opt to specialise in different areas of law, such as family or personal injury law rather than male dominated specialisms, such as corporate or banking law. Family and personal injury law are also often less high-profile and do not hinge on lucrative deals so the specialisms are often not as well paid. To dismiss a woman for falling pregnant and wanting maternity leave is unfair dismissal. Pregnancy does, however, play an important role in this debate. Most employers would assume that a young woman will take a break to have a baby in the future and the fact that having a child is traditionally less disruptive to the work life of a man, it makes the male counterpart a cheaper and safer option in the long-term. A break in work is seen as disruptive and employers need to fill that position during the maternity leave, effectively causing the employer to pay twice for the same job to be completed. In a time when employers are facing tough economic times, having reliable staff that do not have to be replaced for extended durations appears, on face value, to be commercially viable option. Furthermore, there is a concern for the employer that childcare issues may cause disruption and lost working hours when the employee does return. Legal professionals who are self-employed, such as barris ters, can find the transition far more difficult in terms of covering their living costs and retaining clients during maternity leave and the stress of a new baby when they later return to work. In 2004, the Bar Council published policies that cover the issues of maternity, paternity and flexible working hours in an attempt to balance family life and legal practice. To actively reflect this aim, the policy has increased the time a barrister’s seat may be open rent free with Chamber’s expenses from three months to one year. In Heard and another v Sinclair Roche and Temperley (a firm) and others, it was ruled that the firm had unlawfully discriminated on the grounds of family status and combined with unlawful sex discrimination, constituted unfair treatment. This claim arose when the firm failed to promote or progress the individual. The firm had a total of 36 partners and only 6 were women. This case suggested that women are also less likely to be appointed to managerial positions, particularly if the dominating power is male. Other arguments suggest that women are more emotional than men and office politics are more present. Webley suggests that women struggle to progress in the profession for a variety of reasons including masculine office culture, the pressure of working long hours and high billing targets and dissatisfaction with commodification’s effect on work quality. In terms of the legal profession, lawyers represent the legal position of their client and to do so, must relate well and truly understand the situation of their client. If all lawyers were men, one could question whether women in society could ever be adequately represented by the legal profession. There is an argument to say that there is as much a place for women in the profession as men, as women solve problems in a different way, can be more compassionate and can balance an all-male work environment. Parliament has made attempts to allow greater access to the legal profession to minority groups by enacting legislation such as the Courts and Legal Services Act 1990. The main purpose of this enactment was to reform the legal profession after the findings of the Benson Commission in the 1970s. To the judiciary, in particular, important changes were made to appointments and pensions and significant changes were implemented towards the organisation and regulation of the legal profession. The Constitutional Reform Act 2005 later recommended that an independent body should be created to deal with the appointment of judges, which came after criticism from the Law Society regarding the old system. Such legislative and societal support towards the accessibility and diversity of the legal profession should instil a hopefulness into affected women that the profession is moving in the right direction. There have been several attempts by the profession itself to promote and encourage accessibility and diversity. The PRIME initiative saw 23 UK and Irish law firms come together to form a ground-breaking initiative to increase social mobility through a wide ranging work experience scheme. Whilst this initiative focused more on socioeconomic status rather than gender, the results suggest that real opportunities within the legal profession have been offered to those who are otherwise unlikely to have been given the opportunity. In conclusion, the legal profession is not yet sufficiently diverse. Both historical and contemporary statistics prove a bias towards men due to the maternalistic nature of women. Statistics demonstrate a trend that the profession is moving in the right direction in terms of equality, diversity and accessibility for women, however, the battle for truly equal treatment, rights and pay for both genders is an ongoing issue within the legal profession, as it is in society generally. Historically, women were refrained from having an identity and practicing within the legal profession because they were considered irrational and incapable. Whilst that perception has clearly disappeared, which is a positive shift, women still face challenges due to the physiological differences between men and women. These differences will never change and unless there is a shift in the mentality of employers’, these are likely to be challenges that remain for the duration. One could argue that the ba ttle between equality and diversity within the legal profession and commercial viability for business owners will never truly resolve. Bibliography Deborah, L. ‘Title of the article’ [2001] Women and the Legal Profession 156 Fredman, S. ‘Discrimination Law’ (New York, United States: Oxford University Press Inc, 2001) Leighton, P. ‘Discrimination and the Law’ (Camp Road, London: Short Run Press, 2004) Macdonald, L. ‘Equality, Diversity and Discrimination’ (Camp Road, London: Chartered Institute of Personnel and Development, 2004) McColgan, A. ‘Discrimination Law’ (North, America: Hart Publishing Co, 2nd edn., 2005). Roach Anleu, S. ‘Law and Social Change’ (City Road, London: Sage Publication Limited, 2000) Sargeant, M. ‘Discrimination Law’ (Essex, England: Pearson Education Limited, 2004) Sommerland, H., Webley, D., Duff, L., Muzio, D., Tomlinson, J. ‘Diversity in the Legal Profession in England and Wales: A Qualitative Study of Barriers and Individual Choices’ Suddards, H. ‘Sex and Race Discrimination’ (Camp Road, London: Chartered Institute of Personnel and Development, 2nd edn., 2002) Webley, L., Duff, L. ‘Women Solicitors as a Barometer for Problems within the Legal Profession: Time to Put Values before Profits?’ (2007) 34 Journal of Law and Society 374 Wilkins, D. ‘Rollin’ on the River: Race, Elite Schools, and the Equality Paradox’ (2000) 25 Law and Social Inquiry 527 Cases Heard and another v Sinclair Roche and Temperley (a firm) and others [2004] All ER (D) 432 (Jul) R v R [1992] 1 A.C. 599 Legislation Constitutional Reform Act 2005 Courts and Legal Services Act 1990 Equal Franchise Act 1928 Equal Pay Act 1970 Careers in law are open to all and the legal profession is sufficiently diverse. Discuss. This essay will begin by summarising the history of the position of women in society, move to look to the challenges that face women and employers and finally, summarise steps that can be taken in an effort to eliminate such restraints. Women have fought a long battle against subordination. As late as the twentieth century, in England and Wales, women remained legally subordinate to men. In other cultures, this position remains in practice today. In England and Wales, coverture referred to the rights of women being subsumed by those of her husband through common law marriage. This legal doctrine left women without an identity and gave her husband control of her, her property and the custody of her children. Marital rape was not outlawed until R v R came before the House of Lords in 1992. Society saw women merely as objects of their husbands. It was not acceptable for women to study medicine or law or to engage in politics. Liberal ideals were quashed by the belief that women were irrational, temperamentally unfit to deal with such subjects and their place was in the home being a subservient wife and maternal parent. During the war effort, in particular, women proved that they were capable of holding down important r oles within the workforce and society more generally, and were seen as rational and intelligent in their thinking as their male counterparts. Women were granted suffrage in 1928 through the Equal Franchise Act and have since broken down the barriers into almost all professions. Despite, in theory, women having the ability to do everything a man can do, challenges remain that make it difficult to suggest that men and women are truly equal. Both society and the legal profession now support women embarking on careers within the industry. By 2008-9, 60% of all new admissions to the Roll were women and 52% of those called to the Bar in the same year were women. The Bar society indicated that in 2009, 34% of barristers were women. These figures demonstrate that women now make up over a third of all barristers, however, barristers are usually well educated and often from high socioeconomic standing, so this figure does not fully represent whether the legal profession is diverse for the average woman. Statistical evidence also proves that women still struggle to be appointed to the highest positions within the legal profession. Few women are promoted to Queen’s Counsel and the first woman to sit within the House of Lords was only appointed to this position in 2003. Women are traditionally paid lower than men. The Equal Pay Act 1970 has attempted to solve the disparity between the male and female pay gap, however, it is not uncommon for a case of this nature to arise. Recently, an employee sued her employer, Lewis Silkin, on the grounds that she was being paid lower than a male counterpart. Arguments suggest that due to the more emotional, sensitive and maternalistic nature of women in comparison to men, often women opt to specialise in different areas of law, such as family or personal injury law rather than male dominated specialisms, such as corporate or banking law. Family and personal injury law are also often less high-profile and do not hinge on lucrative deals so the specialisms are often not as well paid. To dismiss a woman for falling pregnant and wanting maternity leave is unfair dismissal. Pregnancy does, however, play an important role in this debate. Most employers would assume that a young woman will take a break to have a baby in the future and the fact that having a child is traditionally less disruptive to the work life of a man, it makes the male counterpart a cheaper and safer option in the long-term. A break in work is seen as disruptive and employers need to fill that position during the maternity leave, effectively causing the employer to pay twice for the same job to be completed. In a time when employers are facing tough economic times, having reliable staff that do not have to be replaced for extended durations appears, on face value, to be commercially viable option. Furthermore, there is a concern for the employer that childcare issues may cause disruption and lost working hours when the employee does return. Legal professionals who are self-employed, such as barris ters, can find the transition far more difficult in terms of covering their living costs and retaining clients during maternity leave and the stress of a new baby when they later return to work. In 2004, the Bar Council published policies that cover the issues of maternity, paternity and flexible working hours in an attempt to balance family life and legal practice. To actively reflect this aim, the policy has increased the time a barrister’s seat may be open rent free with Chamber’s expenses from three months to one year. In Heard and another v Sinclair Roche and Temperley (a firm) and others, it was ruled that the firm had unlawfully discriminated on the grounds of family status and combined with unlawful sex discrimination, constituted unfair treatment. This claim arose when the firm failed to promote or progress the individual. The firm had a total of 36 partners and only 6 were women. This case suggested that women are also less likely to be appointed to managerial positions, particularly if the dominating power is male. Other arguments suggest that women are more emotional than men and office politics are more present. Webley suggests that women struggle to progress in the profession for a variety of reasons including masculine office culture, the pressure of working long hours and high billing targets and dissatisfaction with commodification’s effect on work quality. In terms of the legal profession, lawyers represent the legal position of their client and to do so, must relate well and truly understand the situation of their client. If all lawyers were men, one could question whether women in society could ever be adequately represented by the legal profession. There is an argument to say that there is as much a place for women in the profession as men, as women solve problems in a different way, can be more compassionate and can balance an all-male work environment. Parliament has made attempts to allow greater access to the legal profession to minority groups by enacting legislation such as the Courts and Legal Services Act 1990. The main purpose of this enactment was to reform the legal profession after the findings of the Benson Commission in the 1970s. To the judiciary, in particular, important changes were made to appointments and pensions and significant changes were implemented towards the organisation and regulation of the legal profession. The Constitutional Reform Act 2005 later recommended that an independent body should be created to deal with the appointment of judges, which came after criticism from the Law Society regarding the old system. Such legislative and societal support towards the accessibility and diversity of the legal profession should instil a hopefulness into affected women that the profession is moving in the right direction. There have been several attempts by the profession itself to promote and encourage accessibility and diversity. The PRIME initiative saw 23 UK and Irish law firms come together to form a ground-breaking initiative to increase social mobility through a wide ranging work experience scheme. Whilst this initiative focused more on socioeconomic status rather than gender, the results suggest that real opportunities within the legal profession have been offered to those who are otherwise unlikely to have been given the opportunity. In conclusion, the legal profession is not yet sufficiently diverse. Both historical and contemporary statistics prove a bias towards men due to the maternalistic nature of women. Statistics demonstrate a trend that the profession is moving in the right direction in terms of equality, diversity and accessibility for women, however, the battle for truly equal treatment, rights and pay for both genders is an ongoing issue within the legal profession, as it is in society generally. Historically, women were refrained from having an identity and practicing within the legal profession because they were considered irrational and incapable. Whilst that perception has clearly disappeared, which is a positive shift, women still face challenges due to the physiological differences between men and women. These differences will never change and unless there is a shift in the mentality of employers’, these are likely to be challenges that remain for the duration. One could argue that the ba ttle between equality and diversity within the legal profession and commercial viability for business owners will never truly resolve. Bibliography Deborah, L. ‘Title of the article’ [2001] Women and the Legal Profession 156 Fredman, S. ‘Discrimination Law’ (New York, United States: Oxford University Press Inc, 2001) Leighton, P. ‘Discrimination and the Law’ (Camp Road, London: Short Run Press, 2004) Macdonald, L. ‘Equality, Diversity and Discrimination’ (Camp Road, London: Chartered Institute of Personnel and Development, 2004) McColgan, A. ‘Discrimination Law’ (North, America: Hart Publishing Co, 2nd edn., 2005). Roach Anleu, S. ‘Law and Social Change’ (City Road, London: Sage Publication Limited, 2000) Sargeant, M. ‘Discrimination Law’ (Essex, England: Pearson Education Limited, 2004) Sommerland, H., Webley, D., Duff, L., Muzio, D., Tomlinson, J. ‘Diversity in the Legal Profession in England and Wales: A Qualitative Study of Barriers and Individual Choices’ Suddards, H. ‘Sex and Race Discrimination’ (Camp Road, London: Chartered Institute of Personnel and Development, 2nd edn., 2002) Webley, L., Duff, L. ‘Women Solicitors as a Barometer for Problems within the Legal Profession: Time to Put Values before Profits?’ (2007) 34 Journal of Law and Society 374 Wilkins, D. ‘Rollin’ on the River: Race, Elite Schools, and the Equality Paradox’ (2000) 25 Law and Social Inquiry 527 Cases Heard and another v Sinclair Roche and Temperley (a firm) and others [2004] All ER (D) 432 (Jul) R v R [1992] 1 A.C. 599 Legislation Constitutional Reform Act 2005 Courts and Legal Services Act 1990 Equal Franchise Act 1928 Equal Pay Act 1970

Microsoft Analysis Paper Term Example | Topics and Well Written Essays - 1750 words

Microsoft Analysis - Term Paper Example The purpose of this paper is to analyze the operations of Microsoft using a variety of business analytic tools Mission, Vision, Stakeholders The mission statement of Microsoft Corporation is â€Å"Our mission and values are to help people and businesses throughout the world realize their full potential† (Microsoft, 2011). As a public company the firm’s actions must comply with the best interest of a variety of stakeholder groups. Some of the stakeholders that Microsoft must respond too are the shareholders, employees, board of directors, executive management team, suppliers, lenders, community, and the government. The company has tremendous aspirations and visions for the future. â€Å"At Microsoft, we believe the most engaging digital experiences will grow out of the combination of four things: smart devices, cloud-based services, natural forms of interaction between people and technology, and finally, people’s imaginations† (Microsoft, 2011). Five forces of Competition The threat of new entrants in the software industry is high. There are thousands of software companies in the marketplace. It is possible that one of these companies might be able to develop a new operating system to compete directly with Microsoft. In the gaming segment it seems as if the industry operates as an oligopoly with Sony and Nintendo being the only competitors. It takes billions of dollars and years of research to develop a new gaming console. The bargaining power of suppliers is low. Microsoft can take advantage of economies of scale to get better prices from suppliers. The bargaining power of buyers is medium low. Buyers are willing to pay the market price for software despite its relative high prices. The buyer power increases during certain seasons such as Christmas. The threat of substitute is medium. In terms of operating system I would classify the buyer power as low due to the lack of real substitute despite the existence of Linux and Mac computer s. In the gaming industry substitute are medium since there are only two competitors. The rivalry among firms competing in the industry is high. Due to the intense competition companies have to spend a lot of money on marketing. SWOT One of the strengths of Microsoft is its strong economic position and history of outstanding financial performance. The company’s equity is considered a blue chip stock. The company generated in 2011 sales of $69.94 billion. During the past five years the sales of the company have increased by 36.81%. The net income of the firm in 2011 was $23,150 billion. In comparison of the previous year the net income of the company increased by an outstanding margin of 23.40%. The market capitalization of Microsoft is $216.19 billion. The net margin of the firm in 2011 was 33%. The average net margin in the software industry is a mere 1.9% (Dun & Bradstreet, 2011). The net margin of Microsoft was 17.36 times higher than the industry average in 2010. The divi dend yield of the company was 3.10%. A second strength of Microsoft is the brand value of the company. Microsoft has the leader software industry largely due to the superior design of its operating systems programs. The current version of the Operating system Microsoft is selling is Windows 7. The customers of computers visualize Microsoft as the top brand in the industry. Due to the preference of customers for Windows product the majority of new computers come equipped with Microsoft operating systems. Another strength

Compare and contrast a work of art in a specific classification Essay

Compare and contrast a work of art in a specific classification (Renaissance or Gothic) - Essay Example Renaissance paintings such as A young Hare and Sistine Chapel Ceiling marked the turning-point from the Medieval Era to the early Modern Age in European. The creation of the paintings in 1502 and 1508 respectively, clearly marked the huge influence of the Renaissance sensibilities that are believed to have taken off in the early 16th century. This paper compares and contrasts A young Hare and Sistine Chapel Ceiling. A Young Hare (fig. 1) is a painting that was made in 1502 by an artist known as Albrecht Dà ¼rer. The item measures 25cm by 23 cm and is available in a repertoire set up by the Graphische Sammlung, Albertina, Vienna (Nichols, 2013). The Northern Renaissance piece of art was created in the German artist’s workshop in 1502, and since then it has been popularly referred to as a classic example of an observational masterpiece. The English title of the item â€Å"The Young Hare† is ironically used to refer to the rather mature animal. Perhaps the German name â€Å"Feldhase† which literally means Field Hare is a more suitable title for the masterpiece. Durer made numerous visits to Italy from his homeland, Germany, during his long career perhaps to grasp and use some of the best qualities of Renaissance art in his work. Upon his comeback to Nuremburg in 1495, the artist opened a workspace where he made The Young Hare and several other items. As Nichols (2013) has said, Durer created the painting using a combination of body colour or gouache and watercolour; materials that he is known to have used almost on every item he made. The painting portrays a lonely hare, which is a clear depiction of the confusion and gloom facing the ancient European society in the wake of a dying Medieval Era and the uncertainty of the philosophical influences of the early Modern Age. Despite the solitary, thoughtful mood of the art, Durer managed to present a highly comprehensive and perfect depiction of a hare. The colour of the hare is a blend of