Wednesday, November 27, 2019
Professional Development Program Essay Sample free essay sample
Aim of Assignment: â⬠¢ SPECIFICATIONS ââ¬â To show the ability to compose good specifications â⬠¢ ETHICS ââ¬â To understand the ethical considerations involved in undertaking procurance direction â⬠¢ TENDERING ââ¬â To understand the demands for administrating the tendering procedure â⬠¢ CONTRACT ADMINISTRATION ââ¬â To cover with jobs during the contract disposal procedure Assignment ââ¬â Four inquiries 1. SPECIFICATIONS [ 24 ] .Write. for a mousetrap:i. Descriptive specification ( including pulling. if necessary ) ; and ( 12 ) two. Performance specification ( 12 )2. Ethical motive IN PROCURMENT [ 31 ]A. Case Study ââ¬â Ms Smith ( 16 )B. Briefly analyse. from your undertaking experience. 1 state of affairs or chance that exists for procurance forces to move unethically during the undertaking procurance procedure and place which ethical rules are threatened. ( 6 ) C. Briefly describe 3 diverse schemes that the undertaking director might utilize to understate the likeliness of unethical behavior by undertaking procurance forces? ( 9 ) 3. TENDERING [ 20 ] . Case Study ââ¬â Ray Gunn ââ¬â see attached4. CONTRACT ADMINISTRATION [ 25 ] Case Study ââ¬â Tom Dewey Dates A ; Punishments Date given: TBA.Date due: TBA.Students are given sufficient clip to bring forth the assignment and the deadline will be purely enforced. We will write a custom essay sample on Professional Development Program Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page If an assignment is handed in late the pupil will be penalised in conformity with the unit lineation. Format The assignment must be typed on A4 paper ( utilizing one side merely ) in individual infinite typewriting and presented with a cover sheet puting out your name. lecturerââ¬â¢s name. unit rubric and the subject of the assignment. All documents should be numbered. All assignments should be exhaustively checked for typing. spelling and grammatical mistakes before being submitted. Work of an unacceptable quality will be returned for rectification and re-submission. Question 2 ( a ) CASE STUDY ââ¬â ETHICS IN PROCUREMENT ââ¬â MS SMITH Ms Smith had served her public sector bureau dependably for more than 20 old ages. She had achieved many of her personal aspirations. but felt she had reached her bound sing publicity. When the services of her administration were to be assessed for outsourcing. Ms Smith saw this as an chance to prosecute a new calling in the private sector. With her in-depth cognition of her administration and her grasp of the booby traps any service supplier would confront in taking over from the bing public sector supplier. Ms Smith sought to help the company she thought had the best potency to win with its stamp development. Deeply ingrained with the position that she would be moving improperly if she assisted any company during working hours. Ms Smith went on three hebdomads leave. During this clip. she contacted ABC Limited and offered her services and expertness. She explained she intended to go forth the populace sector and felt her expertness and experience might be of aid in the development of ABCââ¬â¢s command. Careful non to be seen to hold solicited Ms Smithââ¬â¢s aid. ABC asked her to corroborate there was no hindrance in her working on the command. Ms Smith confirmed that she believed she was free to help ABC. peculiarly as she was on leave. She farther added that she sought no payment for her advice. but felt she would be a good ââ¬Ëcatchââ¬â¢ if ABC won the contract. Satisfied. and happy to hold clearly believable aid with its command. ABC brought Ms Smith into the command squad for her leave period and offered her a topographic point on the companyââ¬â¢s squad to present the service to the authorities should it win. At an industry briefing for the tenderers the authorities squad. which included Ms Smith as an perceiver. detailed the specification. agreements for command and stamp rating. Ms Smithââ¬â¢s supervisor noted that she seemed to cognize the ABC people and non people from the other companies present. He casually asked Ms Smith where she had met the ABC squad antecedently and was amazed when she told him she had been assisting ABC while on leave. She indicated her personal penchant to see ABC win the contr act. as she would go an employee if this occurred. Question 2 ( a ) 1. What is ( are ) the ethical job ( s ) ? ( 6 )2. Analyse. in ethical footings. the available options for actions by the Supervisor? ( 10 ) Please see cover sheet for Questions 2 ( b-c ) Question 3 ââ¬â CASE STUDY ââ¬â THE TENDERING PROCESS ââ¬â RAY GUNN A client. Gerry Hatrick. engaged Ray Gunn a undertaking direction adviser. to obtain stamps for a building undertaking. He tried to deter GH from utilizing an unfastened tendering procedure but GH was inexorable that no 1 should be denied the chance of tendering a monetary value for his undertaking. Ray was every bit inexorable that in private inquiring a choice group of contractors to tender would give more confidence of value for money. An advertizement in the day-to-day newspaper was punctually inserted and the stopping point of the tendering period was advertised as 12 midday on 3rd November. in Project Incââ¬â¢s office The latest estimated cost of the undertaking. prepared by Ray. was $ 1. 900. 000. Tenders had been sought for monetary value merely. non for building times. the clip holding been stipulated by in the tendering paperss as 38 hebdomads. The monetary values were specified to be steadfast monetary value non capable to escalation accommodations Six stamps had been r eceived by 12 midday. Ray began to open the stamp envelopes: â⬠¢ The first stamp opened. from Speedy A ; Co. was $ 1. 770. 000 â⬠¢ The following stamp opened. from Empire Builders. was $ 1. 842. 000 â⬠¢ The 3rd stamp. from Bill Ding Corp. . was $ 1. 955. 000. to which was added the footer. ââ¬Å"This stamp will be reduced by 10. 5 % if an escalation clause is included in the contractâ⬠â⬠¢ Just so. Jack Rafter from Slip Shod Constructions arrived with a stamp after being held up in traffic congestion on his manner to subject the stamp. It was eight proceedingss past midday. Jack left so opened the envelope. The stamp was $ 1. 700. 000. â⬠¢ The following stamp opened. from De Fektif Constructions. was $ 1. 666. 000. â⬠¢ The following stamp opened. from T. Mahal. was $ 2. 166. 665 â⬠¢ The last stamp opened. from NBG Co. was $ 1. 967. 000. which was endorsed with the words. ââ¬Å"An alternate stamp of $ 1. 800. 000 is applicable in the event that the building period is changed to 42 weeksâ⬠â⬠¢ Ray went to tiffin and on his return there was a telephone message from De Fektif Constructions. stating that there had been an mistake in their stamp. which should hold read $ 1. 695. 000 He knew really small about any of the tenderers. During the stamp period he had enquired of some of his co-workers as to their cognition of the tenderers. All he cou ld happen out was that Speedy A ; Co. had a repute for being late coating undertakings. for no evident ground other than hapless administration. and that Empire Builders did non bask good relationships with other undertaking directors. because of Empireââ¬â¢s expertness in doing contractual claims for extra payments Ray decided that before making anything else he should phone De Fektif and state them what to make with their amended stamp. It was Paul Bearer who answered the phone: â⬠¢ Ray: ââ¬Å"Your telephone message about an mistake in your stamp was a waste of clip. You canââ¬â¢t alter the regulations. The best you can make is to withdrawâ⬠â⬠¢ Paul: ââ¬Å"OK. we withdraw our first stamp but out corrected monetary value still standsâ⬠â⬠¢ Ray: ââ¬Å"No. it doesnââ¬â¢t. It would be most unjust to alter your monetary value after the official deadline. I shall disregard both of your pricesâ⬠â⬠¢ Paul: ââ¬Å"Iââ¬â¢ll direct my amended monetary value direct to Gerry Hatrick. Heââ¬â¢ll understand that we have made a echt mistake. â⬠The conversation ended. GH was abroad and could non be contacted. Ray hence decided to set his recommendations in authorship and direct GH a missive to be waiting for him on his return. which was the process that had been agreed before GH departed. anyhow Question 3 1. What is your sentiment of the tendering procedure. every bit far as it is known? ( 10 ) 2. As Ray. compose an appropriate comprehensive missive to the client. ( 10 ) Question 4 ââ¬â CASE STUDY ââ¬â CONTRACT ADMINISTRATION ââ¬â TOM DEWEY In June 1995. Tom Dewey. buying director for Builderââ¬â¢s Bank. Inc. ââ¬â¢s ( BBI ) New York office. wanted to decide a set of jobs originating from the purchase of 80 chairs for the executive council chamber. BBI was a big international bank with operations throughout the universe. It had late purchased an office edifice and had hired the well-known designer Peter Tropper to make the major design and redevelopment programs. The buying section in the New York office was responsible for all local purchases. in add-on to a few major purchases for the international offices. The bank did non hold an approved provider list ; an invitation to offer was an indicant that the possible provider was considered qualified. The architectural house of Peter Tropper was hired to redesign the full edifice. including the choice of furniture. Once the design was completed. a working group. including the president and frailty president. had approved the design. including choice and coloring mater ial for all major furniture. The buying section did non take part in this procedure. In June 1994. Peter Tropper sent a specification sheet to the buying section for all purchases. which included theoretical account figure and maker. Suppliers would offer on the same maker. with no permutations allowed. Although the section had the option to divide the order between providers. Tom Dewey decided to order though a individual beginning. In late June. the working group asked Tom Dewey to subject a budget of what the bank would hold to pass to finish the redevelopment during financial 1995. Therefore. in early July. Tom Dewey submitted a petition for proposal ( RFP ) to ten possible providers. all of which responded. When the commands were received in mid-August. the working group reviewed the commands and rejected them as being excessively high. The working group and Peter Tropper agreed to a scaling down of the work proposed. A hebdomad subsequently. Tom Dewey sent new specifications to the same 10 providers. of which eight responded. The low command on the RFP was $ 1. 3 million. submitted by ABCO Furniture. a big local furniture trader. In September. the working group authorised Tom Dewey to buy major furniture and the chairs for the executive council chamber numbering $ 400 000. Amo ng the points on the RFP were eighty leather chairs for the executive council chamber. These chairs have a individual base and a fixed jury base. which would non let the chairs to sway or pivot. Twelve of the chairs. bing $ 1 500 each. required installing in concrete. with the staying 68 chairs. bing $ 1 300 each. holding bases that could be installed on wood flooring. The RFP made no reference of installing. In February 1995. ABCO Furniture informed Tom Dewey that the chairs were ready. Since the council chamber was still under building. he arranged to hold ABCO hive away the chairs. with the understanding that he honour the bill in March. The bill was paid in late March and ABCO stored the chairs until they were delivered on the forenoon of April 22. 1995. When the chairs were delivered. the building director talked with Peter Tropper sing installing. The building director told Tom Dewey that the designer had said he would give elaborate drawings sing installing of the chairs. although the drawings had non been received. When Tom Dewey asked Peter Tropper about the job. Peter indicated that Purchasing. holding bought the chairs. was responsible for installing. Peter Troppe r besides stated that he had informed Purchasing. by missive in late March. that Buying was responsible for installing. At the direction of Tom Dewey. ABCO hired a local installer to put in the chairs. The installer had seen neither the chairs no the council chamber before. The installer arrived tardily on the 22nd and discussed the installing process with the building director. They concluded that they would utilize enlargement bolts in the concrete and wood prison guards in the platforms. Both the building director and the installer agreed that long slowdown prison guards could non be used since the platforms were elevated. with electrical conduit underneath. After put ining a few chairs on the forenoon of April 23rd. the installer and building director concluded that the wood prison guards would non keep. Since the chairs were stiff. the littleness of the diameter of the base was deficient for the torsion applied to the base when the chair was used. Since no equal support was designed into the floor when the room was remodelled. other support options had to be evaluated. The installer. even after p ut ining the toggle bolts. discovered that the chairs were still coming free. In add-on. the enlargement bolts. installed in the concrete. would besides finally work free. However. with the upcoming board meeting on May 6. 1995. the building director and installer agreed that the chairs could be used temporarily. The provider. after discoursing installing costs with the installer. told Tom Dewey that the current measure for puting up the chairs would be around $ 4 000. However. for the installer to make the occupation right would be and extra $ 15 000. The May 6 board meeting went swimmingly. although many board members noted the instability of the chairs. In June. the executive managers expressed concern over the demand to repair the chairs-and rapidly. However. Tom Deweyââ¬â¢s frequent treatments with Peter Tropper had yielded no consequences. The installer billed ABCO Furniture at the terminal of May. In late June. Tom Dewey received a measure from ABCO for the installing of the chairs. and a transcript of the bill received by ABCO from the provider. Tom Dewey recognised that BBI had non allowed for any extra installing costs and wondered what th e best manner to decide the job would be. 1. What options are unfastened to Tom? What is the best class of action? ( 9 ) 2. Who is responsible for the present state of affairs?
Sunday, November 24, 2019
Aesthetics essays
Aesthetics essays Aesthetics is concerned with the way an object affects our senses, particularly in visual terms. Once a design has been completed people will want to evaluate or criticise it. They may comment on how well it works but their initial reactions will probably be based on its aesthetics qualities. Aesthetics covers a range of factors, which affect each other. For example, every shape is made up of lines. It has a proportion and could be described as balanced, symmetrical, dynamic or static in appearance. These words help us to communicate information about shapes and in turn help us examine our feelings towards them. Aesthetics takes into account a whole range of factors such as: These are familiar terms and most of us could use them to comment on certain aspects of product design. There are less familiar terms such as harmony, rhythm, unity and balance, which can also be used to express feelings and opinions about a product. Looking at the lamp for example, I would need to add some of these feature mentioned above so that my product can be as aesthetically pleasing as possible. Saying as I am looking at a theme of Art Nouveau, I could either have the actual structure of the product an Art Nouveau design, or I could incorporate the design of Art Nouveau onto the side of the product. A confident working knowledge of aesthetics will take time to master. Every designer will become used to making and justifying design decisions that involve the aesthetics of the products they are designing. They will understand how aesthetics can affect people and become sympathetic towards different market groups tastes, cultures and styles. In the design of any product aesthetics is important, but for this particular project it is the most important factor because due to the fact that I am designing for an Art Nouveau room, I have to make the aesthetics look have a touch of Art No ...
Thursday, November 21, 2019
Future Technology Consultants Essay Example | Topics and Well Written Essays - 750 words
Future Technology Consultants - Essay Example Such an introduction in the corporate thinkpiece is designed to create global buzz about the achievements of Future Technology Consultants and, essentially, turn the scientific world on its proverbial ear. This piece will identify the theories of teleportation, including those proposed by Eric W. Davis of Warp Drive Metrics, on research grants from the Air Force Research Laboratory, who describes the Casimir Effect and Gravitationally Squeezed Vacuum Energy that make up the foundation of creating negative energy in a vacuum cylinder (Davis, 2004). Such studies identify the theoretical and scientifically-measured phenomenon which occurs as a result of manipulating particles in controlled environments. This particular study identifies the different calculations necessary to create this phenomenon, including reference to Einsteinââ¬â¢s Theory of General Relativity. It is grounded in tangible scientific research and data from actual experimentation in the pursuit of transporting matte r and particles. à NYU also describes previous research conducted on the ability of two distant objects to remain ââ¬Å"entangledâ⬠with one another despite their distance, based on scientific calculations which seem to project instant transmission of information from point a to point b at a speed faster than light (cs.nyu.edu, 2002). This article provides the foundation of Quantum Complexity, so as to describe how this is theoretically and scientifically possible. à Cnn.com (2007) describes another piece, not necessarily befitting this thinkpiece, that involves somewhat of an opinion-based article attempting to describe the mechanics behind teleportation.
Wednesday, November 20, 2019
Analysis of Three Books in Literacy Development among Children Essay
Analysis of Three Books in Literacy Development among Children - Essay Example The aim of the commentary will be to develop a case study using various approaches. The three sources acknowledge the fact that earlier cognitive abilities by children are essential for future literacy development. Arnold (2003) indicates the process that enhances Harryââ¬â¢s cognitive ability. At this point, the mother plays an important role in ensuring Harry undergoes the learning process successfully. Adams (1990) states that early cognitive ability determines how a child will grasp literacy concepts while in school. Adams applies the concept to a childââ¬â¢s earlier phonemic awareness using an earlier cognitive ability. Peccei (2006) uses the cognitive ability of a given child to recognize complex structure words. The common approaches the three authors deploy relates to Piaget cognitive theory. The three concepts of the theory are visible in the books in that parents and the pre-school environment is identified by the authors as Schemas. They also indicate the development of this cognitive ability through different stages before a child is enrolled into the formal educational systems. The books, however, use different writing style. Arnold (2003) uses a descriptive style where he gives a day-to-day account of Harry and hence giving the reader the ability to make a conclusion based on the events. Harryââ¬â¢s life events are based on observations and the author uses these events to ascertain the early cognitive ability of a child. Peccei (2006) and Adams (1990) use an analytical approach in displaying cognitive abilities among children. They both draw from existing researchers to explain certain events in a given childââ¬â¢s life. They analyze the environment in which children would best learn their cognitive ability and focuses majorly on the literacy developmental stages. The differences in style indicate the diverse nature in which cognitive abilities are displayed and learned.à Ã
Sunday, November 17, 2019
Southern Culture Class What direction is the South heading in Assignment
Southern Culture Class What direction is the South heading in Politically - Assignment Example The southerners have maintained their conservativeness into modern day politics. Southern states have been known to support Republican presidential aspirants since they consider them conservative. For instance in the 1980 elections, the Southerners supported Ronald Regan who supported the conservative movement. Reganââ¬â¢s economic and foreign policies supported ant-communism. George W. Bush created a new generation of conservatives, following his success in the 2000 elections. The southerners supported his policies, which included the 10-year tax reduction policies. Other conservative elements celebrated during his leadership, included invasion of Afghanistan and Iraq (Facing South Web). In 2008, Barak Obama won the presidency under the Democratic Party ticket. However, the southerners supported John McCain the republican presidential aspirants. The trend of voting and support for conservative parties among the southerners indicates the conservative trend in the southern states p olitics. The Tea Party Movement, which originated from the southern states, also indicates the conservative aspect of southern politics. The Ashe county of North Carolina is also included in the southern voting bloc. A large section of North Carolina falls in the Bible belt, which has been described as one of the most conservative
Friday, November 15, 2019
Defining Family in a Law Context
Defining Family in a Law Context 1. Introduction The term family is a fluid concept[1], used to describe different forms of expressions regarding the intimacy shared in private life based on care and interdependence. It comprises of diverse relationships, including homosexual or heterosexual couple with or without children, cohabiting with or without legal formality.[2] Therefore, if the family is the core social environment in society, then family law is any form of governing and supporting those close emotional relationships between adults, children and the state.[3] However, it is difficult to define the family law due to changes in social norms and standards. There is also a wide range of laws, such as immigration law and employment law[4], that may have significant influence on family life, therefore family law usually is considered as an ambiguous and incoherent subject.[5] To explore the question of what family law is, this paper will seek to address two main issues. First, to discuss the ways to define the concept of family within the law. Second, to evaluate what family law is from several different theoretical approaches. 2. Changing ideas of family in law The traditional concept of family in law takes the idea of the nuclear family, which comprises of a married heterosexual couple with children.[6] Apart from the context of marriage, it was considered an abuse of the English language to include other relationships.[7] According to the statistics provided by the Office for National Statistics (ONS)[8], the number of the nuclear family has decreased 500 thousand compared to the data from 2000 to 2015 while the cohabiting couple family has become the fastest growing family type reaching 3.2 million in the past decade. Meanwhile, the most common family type changes from the idealised family into the form of the married couple or civil partner couple without any children.[9] This situation pushes the law to respond to this gap[10] by shifting from the traditional nuclear family into the idea of New Families.[11] The concept of New Families[12] begins with the recognition of unmarried couples regardless of children, but still requires an appropriate degree of apparent permanence and stability.[13] Same sex relationships has recently been accepted as a family in Fitzpatrick v Sterling Housing Association,[14] where longstanding, close, loving and faithful, monogamous homosexual relationshipsà ¢Ã¢â ¬Ã ¦is deemed to make someone a member of a family.[15] Lady Hale also highlights that widening the scope of the family, regardless of the sex, could recognise the importance the principles of dignity, humanity and equality.[16] Therefore, the law does not limit the definition of family life and accepts the different forms of family as long as they can establish the degree of intimacy and stability and sharing of lives. However, the law has categorised an exclusion, friendship has been refused as the relationship of the family due to lack of degree of intimacy and stability.[17] Arguably, Diduck argues that there are blurring lines between family and friends in contemporary society, as friends become lovers and lovers become friends [18]. 3. What is Family Law? This section examines how the family law works in relations to the family. The functions have been briefly divided into four main categories: protection, regulation, radiating message and promotion of equality, and further use several theoretical approaches respectively for evaluation. i. Protection and Support A Good parent in a family is usually considered as a person who provides physical, emotional and financial support for their children. They also protect the children and family members from harm.[19] In terms of the functionalist approach, family law has a series of goals to be fulfilled.[20] Eekelaar has suggested that the main objectives of family law are the enforcers of protection and support to the family.[21] As an example, the most common situation encountered by law is domestic violence. According to the research by the ONS, there are over 78% of incidents of the domestic abuse involved violence.[22] The introduction of Family Law Act 1996 is one of legislation for allowing the victims to obtain the help for protection. It attempts to bring consistency to the civil remedies and emphasises the protection of the human rights for safeguarding victims from domestic violence.[23] The application of this law yielded positive results, as the data provided by the ONS showed the numbe rs of domestic violence have generally decreased by 0.7 million over the past decade.[24] However, difficulty arises when it is assumed that the law is the only factor to influence the family. [25] By using the above example, the law influence may not be the sole reason for the reduction of domestic violence, thus there are other possible factors to improve the domestic violence situation, such as government support and educational policy.[26] The uncertainty of family law further arguably undermines this approach where it is difficult to simplify the laws into one single goal. In the case of the 1996 Act on divorce claims that it is pursuing both contrary goals, including, to encourage marriage and to make it possible to break down the marriage with as little bitterness as possible, therefore, it cannot precisely assess the effectiveness of family law. ii. Regulation and Adjustment of family life The relationship between law and family has been described as the protector of private life.[27] However, the traditional division of public and private sphere have given rises to debates of whether it is appropriate to regulate the private life by the law. The opinion of traditional liberal position suggests that it is improper for the state to regulate and intervene on private affairs.[28] For example, if the law illegalises adultery, it might violate the privacy of family life. It also seems impossible and difficult for the law enforcers to control all private properties for the adultery issue. Respecting private life upholds the principle of autonomy. The traditional liberal position respects individuals decisions about how they wish to develop their own beliefs and personality on the family issue.[29] Arguably, the promotion of autonomy principle does not necessarily mean that the law should be entirely cast out of the private sphere. Some undesirable [30]forms of family life, such as child abuse, might require and deserve the intervention to regulate and adjust to the private family life. For example, there has been an increase of criminal law used against parents whose children misbehave. Therefore, it is not a clear picture to distinguish one of intervention or deregulation. Although the law is difficult to have clear-cut for public and private intervention to family life, it seems to endorse the shift to privatisation. The law attempts to regulate the private life less and less.[31] The law encourages divorcing couples to use mediation for the family and financial dispute resolution, rather than settling it through court. The current Government also gives the clear direction about the role of the court that the law should focus on protecting the vulnerable from abuse, victimisation and exploitation and should avoid intervening in family life except where there is clear benefit to children or vulnerable adults in doing so.[32] In other words, the law can focus on the regulation and adjustment of the family in crisis. [33] iii. Sending Message to the Public With collaboration with the family regulation policy, the Law Commission recognises the ability of family law was to send the message to the public about the desirable behaviour of good family living.[34] Law upholds the traditional values of nuclear families with unrestrictive form, underlining those qualities as an ideal family model. Therefore, the law encourages the former partners of the divorced family and lone parent families to go on to make a new family[35], rather than focusing on the remedying the broken family. The government policy takes this approach to achieve good divorce, now defined as one that creates the separate-but-continuing family.[36] The message sent by the law can be reviewed through the usage of judicial language and style in the judgments.[37] Traditionally, the expression of paternalism or welfare highlight the breadwinner in a traditional patriarchal family was responsible for supporting continually his pre-separation marital obligation after the breaking-down of marriage.[38] In the 1990s, the judgment starts to shift to the language of equality or rights, which supports and assumes a diverse and democratic form of family. The breadwinner became obliged to share what became re-conceived as the fruit of the marital partnership. [39] The language radiates the message that the law shifts to emphasise the principle of non-discrimination, mutuality, right or entitlement and equality. iv. Promotion of Equality Family law positively promotes the principle of equality and non-discrimination. The widening scope of what is a family, by allowing diverse relationships is a significant indication of justice, equality and inclusivity.[40] The enforcements of Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2013 grant most of the rights and responsibilities of marriage to the registered same-sex couples to enjoy the equal right and status for family life[41] as the heterosexual marriage couples. [42] Arguably, there are still some limits on equality and discrimination. On 21st February 2017, the Court of Appeal rejected heterosexual couples entering into civil partnerships.[43] The judgment fails to allow the couples to seek fairness and equality and to eliminate discrimination between heterosexual and homosexual couples. The judgment has further potentially violated the human rights under Article 14 taken with Article 8 of the European Convention on Human Rights (ECHR)[44]. The couples might not make their personal family choices. Hence, Lord Arden further urged the need to change the law by the Parliament. To further argue regarding inequality within the law. Historically, the law has discriminated against women in divorce where the husbands are able to divorce their wives on the basis of adultery. However, the wives are only able to divorce their husbands based on the grounds of the incestuous adultery.[45] Therefore, the law seeks to emphasise the concept of equality before the law that both men and women are on equal footing [46]and to avoid men abusing their gender to obtain an unfair advantage. The law also ensures everyone in society could equally access safety and justice through the law. In terms of domestic violence, the evidence provided by the Rights of Women, mentions that there are up to 40% of women who could not satisfy the restrictive requirements of Legal Aid.[47] On 23rd Feb 2017, the removal of the five-year limit and the admission of fresh categories of evidence aims to help large numbers of women and also men, who were previously been deprived of legal advice and representation, can obtain legal aid for family disputes.[48] Estelle du Boulay, Director of Rights of Women commented that this renew commitment is both victory for women and also for common sense.[49] The law is lowering the thresholds for more people to seek the justice through law. However, feminist perspectives argue that there is still a loophole between gender equalities. They criticise the disadvantages from the assumption of the traditional gender role in society: the father is the active breadwinner whilst the mother is the traditional day to day carer. [50] Yet, SRJ v DWJ [51] invokes the entitlement of monetary value for the contribution of the wife that she gave up her work as a teacher to concentrate on her family. The court attempts to redress the gender imbalance that exists in the traditional family-based discourses. Therefore, the parties respective responsibilities to each other base on the discourse of rights, compensation, mutuality, and gender equality.[52] 4. Conclusion Family law is a special law due to the wide scope of families and wide ranges of issues it deals with throughout its historical and contemporary period. This paper has examined family law from four different categories: Functional, adjustive, radiating message and equality. Although these four categories might not cover all issues, it briefly summarises the main principles of family law and further evaluates its effectiveness regarding on concerned issues. References Bowcott O, Court Rules Against Heterosexual Couple Who Wanted Civil Partnership The Guardian (2017) accessed 7 March 2017 Bowcott O, Legal Aid Shakeup Hands Lifeline To Domestic Violence Victims The Guardian (2017) accessed 26 February 2017 Dewar J, The Normal Chaos Of Family Law (1998) 61 Modern Law Review Diduck A and Kaganas F, Family Law, Gender And The State: Text, Cases And Materials (3rd edn, Oxford: Hart 2012) Diduck A, Shifting Familiarity (2005) 58 Current Legal Problems Diduck A, What Is Family Law For? (2011) 64 Current Legal Problems Eekelaar J, Family Law And Social Policy (2nd edn, Weidenfield and Nicholson 1984) Dyson Holding Ltd v Fox [1976] QB 513 European Convention on Humans Right, Art 8 and 14 Families And Households- Office For National Statistics (Ons.gov.uk, 2017) accessed 24 February 2017 Family Law Ground For Divorce (1990) accessed 26 February 2017 Fitzpatrick v Sterling Housing Association [2001] 1 AC 27 Harris-Short S and Miles J, Family Law: Text, Cases And Material (2nd edn, Oxford 2011) Herring J, Family Law (7th edn, Longman 2015) Human Rights Act 1998, Art 8 Gamman v Ekins [1950] 2 KB 328, 331 Mendoza v Ghaiden [2004] UKHL 30 Minow M, All In The Family In All Families: Membership, Loving, And Owing (1993) 95 WVLR Norgrove D, Family Justice Review Final Report (2012) accessed 12 March 2017 Re G (Education: Religious Upbringing) [2012] EWCA Rights of Women, Evidencing Domestic Violence: Nearly 3 Years On (2015) accessed 26 February 2017 Shannon G, Family Law (1st edn, Oxford University Press 2011) Smart C, Stories Of Family Life: Cohabitation, Marriage And Social Change (1st edn, 2000) SRJ v DWJ [1999] FCR 153 CA Starting In School To End Domestic Violence (Refuge For Women and Children Against domestic violence, 2017) accessed 7 March 2017 The Guardian, Marriage Has Changed Throughout Its History. Making It Equal Changes It For The Better (2015) The Matrimonial Causes Act 1957 c85 Travis A, Domestic Abuse Accounts For One In 10 Recorded Crimes ONS The Guardian (2016) Woodhouse J and Dempsey N, Domestic Violence In England And Wales (House of Commons Library 2016) [1] Carol Smart, Stories of Family Life: Cohabitation, Marriage and Social Change (2000) 17 CJFL 20 [2] Alison Diduck, What Is Family Law For? (2011) 64 Current Legal Problems 289 [3] Jonathan Herring, Family Law (7th edn, Longman, Essex 2015) 16-17 [4] ibid. [5] John Dewar, The Normal Chaos Of Family Law (1998) 61 Modern Law Review 467 [6] Herring (n 3) 4 [7] Gamman v Ekins [1950] 2 KB 328, 331 [8] Families And Households- Office For National Statistics (Ons.gov.uk, 2015) accessed 24 February 2017. [9] ibid. [10] Alison Diduck and Felicity Kaganas, Family Law, Gender And The State: Text, Cases And Materials (2nd edn, Hart publishing 2017), p.9 [11] Herring (n 3) 7-12 [12] ibid. [13] Dyson Holdings Ltd v Fox [1976] QB 513 [14] Fitzpatrick v Sterling Housing Association [2001] 1 AC 27 [15] ibid 32. [16] Mendoza v Ghaiden [2004] UKHL 30 [17] Martha Minow, All in the Family in All Families: Membership, Loving, and Owing [1992-1993] 95 WVLR 319 [18] Alison Diduck, Shifting Familiarity (2005) 58 Current Legal Problems 250 [19] Geoffrey Shannon, Family Law (1st edn, Oxford University Press 2011). [20] Herring (n 3) 17 [21] John Eekelaar, Family law and social policy (2nd edn, Weidenfield and Nicholson, London 1984) 24-26 [22] Alan Travis, Domestic Abuse Accounts For One In 10 Recorded Crimes ONS The Guardian (2016). [23] Herring (n 3) 299 [24] John Woodhouse and Noel Dempsey, Domestic Violence In England And Wales (House of Commons Library 2016) 5 [25] Herring (n 3) 17 [26] Refuge For Women and Children Against domestic violence, Starting In School To End Domestic Violence accessed 7 March 2017. [27] Herring (n 3) 21 [28] ibid. [29] Herring (n 3) 22 [30] Sonia Harris-Short and Joanna Miles, Family Law: Text, Cases And Material (2nd edn, Oxford 2011) 12 [31] Herring (n 3) 24 [32] David Norgrove, Family Justice Review Final Report (The Ministry of Justice, the Department for Education and the Welsh Government 2012) accessed 12 March 2017. [33] Harris-Short and Miles (n18) 12 [34] Law Commission Report No.192, Family Law Ground For Divorce (1990) accessed 26 February 2017. [35] Diduck (n 17) 238 [36] ibid. [37] Diduck (n 2) 292 [38] ibid. [39] Diduck (n 2) 293 [40] Diduck (n 22) 239 [41] Article 8 of Human Rights Act 1998, Right to respect for private and family life [42] The Guardian, Marriage Has Changed Throughout Its History. Making It Equal Changes It For The Better (2015). [43] Owen Bowcott, Court Rules Against Heterosexual Couple Who Wanted Civil Partnership (the Guardian, 2017) accessed 7 March 2017. [44] Article 14 of ECHR, Prohibition of discrimination Art 8 of ECHR, Right to respect for private and family life, [45] The Matrimonial Causes Act 1857 c.85, XXVII, On Adultery of Wife or Incest, and of Husband, Petition for Dissolution of Marriage may be presented. [46] Munby LJ, Re G (Education: Religious Upbringing) [2012] EWCA, para 24 [47] Rights of Women, Evidencing Domestic Violence: Nearly 3 Years On (2015) accessed 26 February 2017. [48] Owen Bowcott, Legal Aid Shakeup Hands Lifeline To Domestic Violence Victims (the Guardian, 2017) accessed 26 February 2017. [49] ibid. [50] Minow (n 17) 313 [51] SRJ v DWJ [1999] 3 FCR 153 CA [52] Diduck (n 2) 297
Tuesday, November 12, 2019
Dead Man Walking Essay examples -- essays research papers
Dead Man Walking à à à à à The film ââ¬Å"Dead Man Walkingâ⬠is a film about redemption. The film is directed by Tim Robbins. Susan Sarandon plays a Nun called Sister Helen Prejean. She is asked by a convicted murderer to get him a lawyer, and then later is asked to be his spiritual advisor. The convicted killer is named Matthew Poncelet, and he is played by Sean Penn. The film is set in the Angola state penitentiary, in Louisiana. Matthew Poncelet first asks her to get him a lawyer so he can repeal his Death sentence. Sister Helen gets him a lawyer, but they fail after several good attempts to get him off death row. Sister Helen begins to come to him almost every day after Poncelet asks her to be his spiritual advisor on the day of his death. During this phase of the film Sister Helen tries to get Poncelet to tell her about his own life. Poncelet tells her about his life and why he was put on death row. Poncelet was convicted along with another man in the murder of the youth and a girl after raping the girl. Sister Helen is very sympathetic and is also looked down upon for this reason. Though she is repressed she still goes on helping Poncelet and she digs around in his feelings and soul. Sister Helen eventually finds a good soul in Matthew Poncelet, a person no one else knows. Matthew constantly denies to Sister Helen, himself, and to God that he had committed his horrible crime. Poncelet continues to blame his problems on other things such as his father dying early in his life, his drug use, his immaturity, and that he was unable to stand up to his partner in the brutal crime. Sister Helen urges Poncelet to come clean and face the part that he took in the crime. And at nearly the last minutes of the film he tells the truth. Though he tells the truth of his sin, he is still put to death by lethal injection. à à à à à The purpose of this film, I believe, was to show that capital punishment is not right in all circumstances, but the redemption and preservation of the human soul being better. Tim Robbins tried to show how most people and even more accurate, Christian people tend to always want vengeance for a crime. Most of them have a line from the old testament committed to memory, ââ¬Å"An eye for an eye,â⬠is what they always want to say. But it really confuses me. To me that saying is not clear, if you think about it, i... ...n church. I read the Bible, though not as much as I should, but the ââ¬Å"Eye for an Eye part has always confused me. If the Bible states, ââ¬Å"Thou shall not kill,â⬠then why does it justify the killing of a person who has killed before. I believe that God loves all his children. If people are really followers of Christ, they will learn from him how to forgive people for their faults and mistakes during life. If the people in the film would have stopped and though what it would be like to be in Ponceletââ¬â¢s shoes, maybe they would feel different about the death penalty. He was in jail facing lethal injection. Iââ¬â¢m sure if they thought about it they would not want to be killed, but then the people who Poncelet had killed did not have a choice, they had death forced on them. This film does a great job of showing both sides of the capitol punishment controversy. I can see how people think killing someone who has killed is a good thing. It keeps the person off the streets and from killing again. Though is it really justice? I still believe that people can be evil, but people can also be cleansed. I believe this film has a dramatic point, and the purpose is pretty clear to anyone who may watch it.
Sunday, November 10, 2019
Health Care Communication Methods Essay
This notice is part of an information package I, as the administrator of the Shady Pines Nursing Home, will be sending out to both the staff here at the center and to the administrative staff of the Rolling Hills Corporation. This information will help facilitate the transfer of those residents here at Shady Pines that no longer fall under the prevue of the new corporate guidelines. As some of the residents have communication issues or have no local family support, we as their caregivers need to ensure that all methods of communication are utilized to ensure a smooth relocation situation. Some of these methods will include the more traditional types, such as letters or phone calls to the guardians of those affected by the relocation (Du Prà ©, 2005). Other methods available for our use will be electronic in nature. One type of electronic communication is email (Du Prà ©, 2005). Social media communication types, such as texts to the guardians, will be used when all other types of co mmunication has failed. Each of these types of communication will also be used within the Shady Pines facility, to keep all staff updated on any changes that indubitably occur and to help ease the transition as well. Communication between the staff at Shady Pines and Rolling Hills is vital also, so that any conflicts can be handled efficiently. As I mentioned before, one of the different types of communication we have available to us is what many consider the traditional format. This type includes such methods as phone calls and letters to the guardians of the residents who are on the list to be moved (Du Prà ©, 2005). Please make sure to verify all contact information before releasing the minimal details in either the letters or phone calls. The team needs to make all conscious effort to follow all HIPAA regulations with theseà communications. Contact your department manager if you have questions before sending out the written correspondences. We need to make the letters as easy to understand as possibl e. Letters are more secure than some other types of interaction in that the letter is addressed to the corresponding person. We will be using interdepartmental memos for the various correspondences within the Shady Pines facility. I see more phone conversations between our center and the Rolling Hills staff as this is a faster method of staying in touch with our new sister agency. Another method we will make use of will be emailed communication. Some of the residentsââ¬â¢ guardians will have left their contact information, but there again, please be sure to follow all HIPAA regulations when including personal health information in said emails. This type of communication is sometimes quicker than letters, depending on the personââ¬â¢s access to a computer network. Email may not be the most secure method of communication. If a person uses a Smartphone as their access point and it is lost or stolen, then the emails and all personal health information (PHI) can be accessed by unauthor ized people. The last method I mentioned falls under the social media category. Methods such as texting, or posting any type of PHI on a social media site is strictly against all HIPAA policies, both state and federal. The best our contact staff can use the text messages for is to encourage the guardian to make contact with the center on an important matter. I have plans in the works to create a specific department to handle the details of contact between both the guardians, as well as the residents affected by the potential move. I plan to follow the same guidelines that the Health Resources and Services Administration (HRSA) have in place to manage the many different departments under the Department of Health and Human Services (HHS) umbrella. According to Draper (2014), ââ¬Å"These communication mechanisms include the agencyââ¬â¢s operational planning process; crosscutting workgroups and meetings; and regular communications among the Office of the Administrator, leaders in the bureaus and offices, and agency staffâ⬠(p. 18). Using these different processes will help keep everyone in the communication loop and give everyone the support needed during this merger of our two agencies. I have plans to continue this method of communication after the merger is complete to help insure the continuation of efficient interaction between both centers. As most of our residents are in theà older age category, we need to take particular interest in how we pass along the transfer information to those who require it. We should not discriminate on the residentââ¬â¢s ages and assume that all the affected residents will feel the same about the move to a new location (Du Prà ©, 2005). Every person is an individual and should be treated as such. Be considerate with those affected, as this will be a very traumatic experience for them. According to Du Prà ©, ââ¬Å"patients interpret their health within the arena most familiar to them ââ¬â everyday lifeâ⬠(p. 116). That being said; it is important to be as empathic as possible, giving the resident as much information as he or she can handle to be able to understand the changing situation. Keep in mind that many of the residents have low health literacy and will not be able to understand some types of medical terminology in context. Be attentive to any stress indicators and be attentive to the feelings of those affected. I have mentioned the merger of our center with that of the Rolling Hills center. Good communication is needed to ensure that the transition from our center to the new one is a smooth one. We will be using such communication methods like phone calls, letters, email, and fax to keep all merger information up to date. Contact with the guardians of the affected residents will fall under all HIPAA regulations in the matter of the PHI given out. Keep in mind the medical literacy level of the residents involved in the move. Using the new department to keep all matters of contact organized and flowing will help increase our efficiency during this transitional period. Other information will follow listing the people who are in charge of in the transitional unit and what sections they cover. Again, if you have and questions or if any difficulties arise, please notify your department immediately. References: Draper, D. A. (2014). Review of Internal Communication Mechanisms, Staffing, and Use of Contracts. Washington DC, Maryland: GAO Reports. Retrieved from the University of Phoenix Library. Du Prà ©, A. (2005). Communicating about health: Current issues and perspectives (2nd ed). Boston, MA: McGraw Hill.
Friday, November 8, 2019
Ben Franklin and Nathanial Hawthorne essays
Ben Franklin and Nathanial Hawthorne essays Benjamin Franklin and Nathaniel Hawthorne were both very important to Americas early literature. Franklins Autobiography and Hawthornes My Kinsman, Major Molineux represents the extremes of leaving home. Franklin makes accomplishing the American dream of the self-made man look easy. Hawthorne, however, revises and critiques that dream, showing the harsh realities of the real world. Franklin reveals his life story as a way to show the people of America that determination, hard work, and intelligence lead to success, while Hawthorne describes the harsh world waiting once youth and innocence are gone. Benjamin Franklin and Robin, Hawthornes main character, leave home for different reasons. Franklin, in his autobiography, explains how he journeys to Philadelphia in search of a job and to start life on his own. Franklin wants independence and he knows he will find what he seeks. Franklin states, I took it upon me to assert my Freedom (194). Robin leaves his home with the idea of depending on his second cousin, dependence not independence. Robin journeys from his familys country farm to the city in search of his kinsman, Major Molineux, with hopes that his kinsman will help him get started in life. Hawthorne writes, The Major... had thrown out hints respecting the future establishment of one of them in life. It was therefore determined that Robin should profit by his kinsmans generous intentions (801). Franklin and Robins arrival to the new towns embody the two authors feelings toward the idea of the self made man. Franklin and Robin arrival to their new destinations are drastically different. Franklin arrives in Philadelphia during the day, hungry, and dirty. Franklins determination keeps him going. He buys bread to eat, cleans himself up, and sets out straight away to find himself a job. He finds one within short time, I return...
Wednesday, November 6, 2019
Impact of Regulation on Small Businesses
Impact of Regulation on Small Businesses Free Online Research Papers Regulation has become a growing issue in America, especially for small businesses. If we look back to the time of our founding fathers, we see that this is not at all how they intended America to be. In fact, we separated from Britain for similar reasons ââ¬â unreasonable taxes and regulations on items and businesses. Our founding fathers saw that if the people of a country are not free to prosper, the country and/or its government will become weak. We can look back and see how America prospered, when it was easier for people to have their own businesses. People were able to make themselves comfortable depending on hoe hard they worked; they did not have to depend on government welfare. This is where the phrases ââ¬Ëthe American dreamââ¬â¢ and the American work ethicââ¬â¢ originated. These phrases have been used by people in different countries longing to be in America. Clearly, this freedom of working hard and earning our due was different from the ideas of other countries. It was this mindset that allowed America to rise above all other countries. Now, however, America must abide by the rules and regulations of different government agencies. There are usually so many rules and regulations, that businesses must hire lawyers in order to make sure all requirements are met. As a result, only the bigger companies are able to survive. Perhaps, later, it will get to the point where there are only government run companies. This is mainly caused by the combination of too many powers given to the bureaucracy and the bureaucratsââ¬â¢ abuse of their power. It has gotten so bad, that now we must have licenses and fill out stacks of paper work if we want to do something as simple as run a hot dog stand. Recently, bake sales are even talked about being regulated. Not only are many of these regulations ridiculous (such as rules of where doctors should store their band aides), but they have made it so hard for someone to run a business, that these business owners have their manufacturing done in China. This alternative for business owners creates another harm for America; Americans are deprived of jobs because they are given to foreign people in foreign countries. Before regulations, you would succeed if you worked hard, now even hard workers are getting laid off because businesses cannot afford to keep them. If we got rid of even half of these regulations, America would be able to give many of the unemployed jobs and keep money in America. Plans such as the stimulus package, the health care plan, and other welfare programs are not the solution to poverty, a return to capitalism is. Research Papers on Impact of Regulation on Small BusinessesDefinition of Export QuotasNever Been Kicked Out of a Place This NiceThe Effects of Illegal Immigration19 Century Society: A Deeply Divided EraTwilight of the UAWBook Review on The Autobiography of Malcolm XPETSTEL analysis of IndiaMoral and Ethical Issues in Hiring New EmployeesAnalysis of Ebay Expanding into AsiaAssess the importance of Nationalism 1815-1850 Europe
Sunday, November 3, 2019
Conflict Management Assignment Example | Topics and Well Written Essays - 750 words
Conflict Management - Assignment Example Having nothing to do at home, I decided to check on Jack earlier so that we could spend sometime telling stories as usual before finally setting off to Marcusââ¬â¢s party, which was some hours away. Never did I know that a bizarre incident was boiling up for the day. When my friend Jack returned from shower, he thought of calling Marcus to get us informed of how the event was progressing and just to confirm that we would not be late for the occasion. Absurdly, Jack could not find his iPhone where he thought he had placed it. Being the only man in the room, it is needless to say I was the chief suspect. With no hesitation, my friend confronted me shamelessly for stealing his gadget. It was like I had been struck hard on my head. Stealing someoneââ¬â¢s property? Jack was my friend, how could I be that malicious even if I was accustomed thief? I could not contain my furry. I could not resist shouting back at my friend who was also at the top of his voice demanding to be given back his treasured device. However, my shouting only escalated the conflict instead of helping to find an immediate resolution to the conflict. Fortunately, Jackââ¬â¢s younger sister, who was outside, heard our quarrel and came into the room, perhaps, wondering if we had gotten into party mood that early. To her dismay, we were almost to the point of exchanging blows. Her first speech was, ââ¬Å"Please, Jack what is all this about?â⬠ââ¬Å"Imagine that I cannot find my iPhone when this thing here was the only one I left in the room while I went to shower!â⬠Jack replied. Without another word, she flashed out her cell phone and called Jackââ¬â¢s number. Fortunately, a thrilling sound emerged from an adjacent room. Jack was too ashamed to look at me straight in the eye. On the other hand, my anger had taken full control of me to think of anything other than getting back home and nursing my moment of furry in solitude. I quietly left the room and headed home. If I could replay the
Friday, November 1, 2019
Anemic Disorder Essay Example | Topics and Well Written Essays - 1750 words
Anemic Disorder - Essay Example Anemia causes the person to feel exhausted, and if this persists, can lead to the brain and heart damage. A person or individual that is anemic have the following composites; hemoglobin of about9.7percentage, 31%hematocrit, 4ferritin and iron saturation of about 5%. (Frank 2010, p.235) Outlook Red blood cells have a shape of a disc, and they resemble like doughnuts but eventually they do not have a hole at the centre (Rosdahl, & Kowalski, 2009, p.124). Fortunately, they remove carbon dioxide and carry oxygen within the body tissue. It is important to note that the bone marrow also makes white blood cells and platelets. However, the white blood cells offer defense mechanism against any infection in the body. A cause of anemia is either lack of adequate red blood cell production, blood loss, or destruction of red blood cells at an alarming rate. Some anemia deficiency is mild, easy to treat and have a short-term effect. (Karthryn, 2009, p.407). Furthermore, prevention of the ones that is short-term easily under the health diet of an individual while other types need a healthy diet to treat. However, long lasting anemia can be severe and worst in that it threatens life if left unchecked. Hereditary Furthermore, genetically the above disorder can move from mother to child that it obey the heretical ability; hence, these disorders shorten one's life span. In addition, it can emerge because of impairing to the hemoglobin production.( Kowalski 2009,p.432). Effects of giving birth while anemic In Mollyââ¬â¢s situation, she still gives birth as much as she is anemic, and this causes her some difficulties as in the discussion below. (Riccio 2008, p.234).An anemic mother who gives birth will tend to cause certain changes in the hormonal level. Therefore, this leads to a drop in hormonal level upon the removal of placenta. In conjunction, the placenta plays a pivotal role in the production of hormone in the body. The reaction of the mother after birth will influence how she copes up in hormonal level in the body. The recurring factor is that of mood of the mother, and this will determine the capability for her to retain either some kind hormone or loss the most. Some hormones increase the mother's appetite thus enhancing the anemic control. (Meletis 2009, p.143). If Molly undergoes healthy eating schedule, then this will be a potent method to her quick healing. Stress (Chow 2011, p.324).In mollyââ¬â¢s situation, she might face stress in many ways. First, she needs to be a mother again. Secondly, the condition of her first born who is not that stable in the academic work is wanting. Thirdly, her husband wants to go back to work, and lastly the reaction of her parents does not favor her at times. It is advisable for her to show her feeling to the parents instead of bottling them.( Goldman 2009, p .124). She should be assertive whilst exercising proper time management. Furthermore, the best thing to put in consideration is having a positive focus. This entails taking the time to appreciate and reflect in the entire life, this is to put into consideration the gifts and positive qualities one posses. The simple strategy as it is can help one to manage and put things in perspective. Anemia in children Children are the most group that face the bigger challenge of the being in anemia condition (Goldman, 2009, p.104). As per the above story, it is notable that the above article states the difficulty
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