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Wednesday, July 31, 2019

The Shift from Medium Specificity

Yinxuan Ma 1 The shift from medium specificity as the organizing principle for advanced art production to the notion of â€Å"site† and â€Å"system† can be seen as a bold attempt—it challenges the expectation for art marketing as well as criticizing consumer centric culture. During the period, artists may still be invested in the visual or formal aspects of art, however, there is a new sense of prioritizing the conceptual ideas that reveal different understandings of artwork and even painting. It is inadequate for viewers to just focus on the presentation of the article, because only the words behind the objects can show the great shift.Frank Stella, an artist who embraced geometric abstract painting, switching his concentration from fascinating visual shock to simplified painting form by using minimalist strategies, when he created works, such as â€Å"Die Fahne Hoch! †. Frank made minimal decision as to how to extract necessity from his format. Apart fr om this, Frank minimized the presentation of the color and aesthetic strategy. â€Å"This flew in the face of the Modernist idea that painting imposes a fixed set of aesthetic limitations. † (Frank Stella, Seltz and Stiles, P143) As I mentioned before, â€Å"Die Fahne Hoch! (Franks Stella, â€Å"Die Fahne Hoch! † 1959), which translate to English means â€Å"Raise the Flag† consists of black background and white lines, it seems like the painting has nothing to do with â€Å"flag†. However, the idea of naming the title â€Å"Die Fahne Hoch† comes from the Nazi marching song which emphasis the â€Å"domination†. Here, in the painting, the color of background—black dominates the whole Yinxuan Ma 2 article and we can also easily find the scheme of sketch and the symmetry pattern he applied in painting.As the basic and surfaces are so ordinary and unadorned that many critics of that time refused to accept them as art. But Frank argued tha t, his painting is based on the fact that only what can be seen there is there. It really is an object. Any painting is an object and anyone who gets involved enough in this finally has to face up to the objectness of whatever it is that he is doing. (Frank Stella, Seltz and Stiles, P144) I’m in favor of his argument—because â€Å"accurate† and â€Å"right† are not only adjectives for the art. The object he created is more straightforward and clear.Different from other forms, Frank wanted viewers to explore painterly detail, and his object did so by basic and plain presentation. Standing in front of the painting, viewers will see the symmetrical white lines across the black background, comparing to other paintings, Frank’s work is much more plainly and simply, the â€Å"black and white† article ask viewers to put their eyes close to the object–how the two elements â€Å"black† and â€Å"white† coexist, and represent the execute of the article. Audience needs to switch their focus from â€Å"what the painting trying to tell me† to â€Å" what I see on the canvas†.To Robert Morris, his preference is sculpture but not painting. Instead of using rich materials or scales to frame the article, Robert takes sculpture to maintain his particular insistence on the minimalism—Sculpture. For want of a better term, that grouping of work which does not present obvious information content Yinxuan Ma 3 or singularity of focus. (Stiles and Selz, P701) For example, the Untitled (Robert Morris, Untitled â€Å"three L-beams, 1964) doesn’t present obvious information content or singularity of focus.In the limited space, these L-beams are placed in sitting, lying and balancing postures, like three Platonic Grace. (David Hopskin, P140). The presentation of the L-beams are casual and disordered, when viewers walk into the exhibition, the beams are just â€Å"there†Ã¢â‚¬â€occupy the lim ited space with different patterns. You can consider the sculpture as bench, arch or platform. â€Å"Through the design of the beams Robert attempt to â€Å"tone up† Viewers’ eyes, bodies and minds. †(Hopskin, P143) â€Å"What work does? † Robert raised the question to his audience.The physical extension of Robert’s sculpture obey the rule of the nature: from which, viewers see the shadows, space and positive forms of the sculpture. What audience needs to do is that forget the limitation of the space, getting rid of the relationship between â€Å"work† and â€Å"made†, to read, to taste the sculpture with their original forms. â€Å"The form used in present-day three-dimensional work can be found in much past art. Grid patterns show up in Magdalenian cave painting. Context, intention, and organization focus the differences.The similarity of specific forms is irrelevant. † (Stiles and Selz, P703) If Robert Morris comes up with t he idea of â€Å"Anti Form†, Eva Hesse rejuvenates the concept by exploring the movement’s hiding aspect and system. Her work– Yinxuan Ma 4 Accession II (Eva Hesse, Accession II, 1967) shows difference between Frank Stella as well as Robert Morris because of the â€Å" imperfection†. The â€Å"Accession† was composed of perforated Minimalist cubes threaded with thousands of pieces of plastic tubing, which provided them with bristling interior â€Å"lives†. (Hopskin, P150).The cube, with crude inside and smooth outside, will make viewers think about human body, the skin may glossy and clean, but the hair, the internal organs, looking rough and chaotic. Eva minimizes the formal form of an object, what she emphasis here is â€Å"literal nature of materials†. Meanwhile, Eva’s objects are closely interrelated to â€Å"biological† and â€Å"human body† because of her experience–from German Nazi to America, from f ather’s death to mother’s suicide, and eventually, Eva suffered from cancer herself–the pain and the sorrow come from body as well as psychological.Her effort is bold as she put social and political agenda aside, creating article to express every-day life. Male, female, love and sex. She minimizes the narration and frame, using basic, or raw material like fiberglass, latex to absorb the spectator in its tangles. As a feminist, Eva Hesse says, â€Å"To me insurmountable to achieve an ultimate expression, the complete dedication seemingly only man can attain. † (Stiles and Selz, P704) The object â€Å"Studio view† (Eva Hesse, studio view, 1965) can be recognized as representative article to her. There are lots of stuff hung on the wall, circles, tire-shaped stuff and rope-shaped stuff.Among these objects, there is one that captured my eyes—several ball-shaped stuff inside string bags. Yinxuan Ma 5 From my point of view, the ball-shaped stuff d efinitely speaks out Eva’s objection of â€Å"his domain†. Female can have work, female can say â€Å"no† to male. What is more significant, females can display their own achievement! From this, viewers can find the self-confidence of Eva, comparing to male, her studio is also full of works and successful artworks. When audience admires Eva’s objects, the â€Å"whole work† or â€Å"perfection† should be ignored.Without fixed formula or logical form, Eva Hesse’s articles come from her â€Å"mental decision† and her detailed observation of daily life. Viewers need to put their eyes on the â€Å"imperfection† side of sculpture, thinking about the human body at same time—none of us are prefect, the blemish and shatter make our life real. To the artists, the color, the material or the forms are no more important, what viewers should notice and learn is the â€Å"words behind the objects†. To Frank, the conceptua l art is broader than any other art, his geometric objects are specific and creative that speak out his idea.To Robert, his sculpture stay â€Å"real† and â€Å"phenomenological†, to Eva, the cube brings up the humanity and the imperfection of human in real life. As a viewer, what capture your eyes is no more bright color or fantastic frame, as they are minimized. Here, the simple lines, the curve and the plastic tubes can lead you to artists’ world, to hear what they say, to watch their experience, to explore the relationship between art and the idea they came up with. ARTH 2201 Art + Design Dr. Gloria Sutton Yinxuan Ma 11/13/2012

Tuesday, July 30, 2019

Disease in News

This article has been penned by Dr. Abigail Zuger who is an associate professor of Clinical Medicine at Columbia University College of Physicians and Surgeons (JournalWatch ® Specialties, 2010).She is also the Senior Attending Physician at St. Luke’s-Roosevelt Hospital Center (JournalWatch ® Specialties, 2010). Dr.  Abigail Zuger has exhibited expertise and special interest in the infectious diseases and specifically HIV infection as can be evidenced by her role as HIV specialist and a board certified internist in infectious disease and specifically HIV.In this particular peer-reviewed article, â€Å"Can Counseling Change Heterosexual HIV Transmission Rates,† Abigail bases her argument on a program conducted specifically on African-American heterosexual couples to assess the impact, if any, of the counseling on heterosexual transmission (Zuger, 2010).It is from the findings of this study that she came up with her conclusion that there is negligible, if any, impact of counseling on heterosexual HIV transmission within a number of communities, this therefore exonerates her from blame or accusation of bias in coming up with such an argument especially bearing the fact that counseling has been enlisted by majority of countries as a tool of reducing HIV prevalence rates within their population.Introduction For almost twenty years now most people have come to know of their HIV status through the Voluntary Counseling and Testing (VCT), a client-initiated AIDS testing and counseling. Because of its effectiveness in creating HIV awareness almost all governments have employed it in one way or the other in their effort at decelerating the rate of this killer disease (Buckley, 2002).One thing that this article notes that most of the us might not be familiar with is that counseling has not been able to directly reduce the HIV rates; instead it has created awareness about this disease thereby making knowledge of HIV status more prevalent and enabling peop le living with HIV to join care and treatment initiative of HIV while enabling those living without it to avoid HIV exposure and remain negative (World Health Organization, 2010).Therefore Abigail argument can be interpreted to mean that HIV rates are only indirectly influenced by counseling services but not directly as some people might think, therefore there are other factors that have to be present for counseling to be effective in reducing the rates of HIV prevalence and incidence. The reason why the program that Dr. Abigail bases her opinion on was carried out on African-American community is due to the fact that HIV incidence and prevalence has been disproportionately high within this community and especially heterosexual transmission (Zuger, 2010).The article’s content This article is all about the effectiveness of counseling has a tool of reducing the incidence and prevalence of HIV, in exploring the effectiveness of this method the author analysis a program undertake n on 535 HIV serodiscordant couples to check on whether their sexual behaviors before the counseling sessions are influenced in any way by the counseling itself (Zuger, 2010).It is disappointing to note that they seem to put into effect the sexual-risk reduction measures that they are taught for only a short period (12 months) and then revert back to business has usually which explain why HIV prevalence and incidence rates are high within this community more than any other in the United States. There is little evidence that members of this community avoid high-risk sexual behaviors after a counseling session providing them with sexual-risk reduction strategies. Article’s ClaimsEven though the author makes the humble submission that there is little that counseling can do to reduced the incident and prevalence of heterosexual HIV transmission within the African American community she which she bases from a didactic program, she is quick to note that further research, most proba bly not based on education program, should be conducted to reinforce the findings of this one that she bases her argument, this is captured in the comment section of this article where she declares her reservations when it come to data taken just after a didactic program just like this one (Zuger, 2010).Article’s claims HIV treatment The article might be silent on the probable treatment of this infection but the author offers advice on the best course of action in reducing HIV infection. This is best captured when he suggest that â€Å"similar counseling tools could be streamline into a long-term effort that would have more palpable success. (Zuger, 2010)† One thing about the finding of this article that a keen observer would note is that they might not apply in all circumstances, however the Multipronged approach that the author advocates for can and should be applied in all places because of its universality.It is evident that there are some communities where members have adopted sexual-risk reduction practices permanent after attending sexual-risk reduction counseling session. I also agree with the author that didactic programs are not always the best to draw a general conclusion on matter as sensitive as a HIV transmission. This therefore denies this article a national or even a global application. The inapplicability of the finding of this article in the national or global stage is further reinforced by the lack of the any scientific evidence to support the claims that this article makes. ConclusionThis article opens a case for further investigation, based on the findings of that programs that the authors bases her arguments it is likely that HIV incidences and prevalence are not sensitive to counseling in certain setting, it might also be possible that in other settings, like Brazil for instance where counseling has positively been credited with the reduction of incidence and prevalence of HIV (AVERTing, HIV and AIDS, 2010), the prevalence and incidence of HIV have responded to counseling and testing thereby making it an important procedure not just in enabling people to know their HIV status but also in empowering those not found living with HIV with information and techniques, like sexual-risk reduction practices, that will prevent them from contacting HIV and thereby reducing its prevalence and incidence among this population. One of the reasons which cast doubt on the finding of this program that the author bases her arguments is the fact that counseling and testing have been employed in almost all places and communities where HIV prevalence and incidence have been high thereby giving it a thumb-up (literary) when it comes to reducing HIV prevalence and incidence. That is the reason why counseling has been noted to be more helpful to people who have HIV because it has taught them on how to reduce HIV exposure and remain negative majority of whom have obeyed that call and backed it with actions. ReferencesZuger, Ab igail, Can Counseling Change Heterosexual HIV Transmission Rates, Journal watch HIV/AIDS Clinical Care 26 July 2010 World Health Organization, (2010). HIV Testing and Counseling. Retrieved 9 August 2010 from http://www. who. int/hiv/topics/vct/en/index. html JournalWatch ® Specialties, (2010). About The Journal Watch HIV/AIDS Clinical Care Editorial Board. Retrieved 9 August 2010 from http://aids-clinical-care. jwatch. org/misc/board_about. dtl#aZuger AVERTing, HIV and AIDS, (2010). HIV and AIDS in Brazil. Retrieved 9 August 2010 from http://www. avert. org/aids-brazil. htm Buckley, R. Michael, (2002). HIV Infection in Primary Care. Amsterdam: Elsevier Health Sciences

Monday, July 29, 2019

International Business research paper written in the JOURNAL STYLE Essay

International Business research paper written in the JOURNAL STYLE ARTICLE - Essay Example Indeed it dominates the market with its very affordable Haute Courte fashions for the girls and women on the move. It sells an average of 30 pairs of knickers a minute, 6,000 pairs of jeans a day and 35,000 pairs of shoes every week. â€Å"Topshop attracts women from their teens to the 40s searching for a weekly fashion idea†. (Topshop Website). While basically aiming at the female section, it also fashion lines for men as well as babies. It’s co-branding with Kate Moss, the famous Model earlier this year was a calculated move to give it a fresh thrust to move into the lucrative American and European markets, and it has since never looked back. It has 309 exclusive stores in the UK and numerous famous retailers across US and Europe offer it space at their outlets for a varied and extensive exposure. Indeed the first week’s sales at the UK outlets of the Kate Moss collection exceeded  £ 3 million, were beyond expectations and are going strong ever since. (Fashion United News). Celebrity names do have a positive impact on sales and profit figures and those especially from the world of fashion and entertainment, after sports, are engaged regularly by consumer product manufacturers and retailers. (Sarah Modlock). Consumers have favoured products sponsored or endorsed by celebrities and this is particularly true for apparel and accessories as people have a penchant to look good and thereby feel good. Introducing and aligning with Kate Moss by Topshop was a brilliant move and has paid handsomely. It is expected to improve the sagging bottom-line of the company and will be a grand success. Topshop is owned by Arcadia Group, which also owns British Home Stores, Miss Selfridges, Burtons, Dorothy Perkins and others, and the financial results for the group at the end September 2007 are as follows. It had a total sale of  £ 1.8 billion with profits of  £ 293.3

Sunday, July 28, 2019

Stem cell research Proposal Example | Topics and Well Written Essays - 250 words

Stem cell - Research Proposal Example The Mbd3/NuRD complex needed for the above conversion is needed for the development of pluripotent cells. Kaji K, Caballero IM, MacLeod R, Nichols J, Wilson VA and Hendrich B carried out further research and showed that ES cells lacking Mbd3, though viable, were unable to silence the gene expression prior to embryo implantation. Yamanaka and Takahashi converted adult somatic cells in mice to iPS cells through the forced expression of four factors, Oct4, Sox2, Klf4 and c-Myc. I hope to further investigate the role that epigenetic silencing plays in pluripotent cells. This field of research still remains open for the purpose of further study and I would like to work on a cell line of mouse ES cells that have retained their pluripotent nature to understand the underlying process of gene silencing and defined genetic program repression in them. The role that the Leukemia Inhibitory factor (LIF) plays in developmental lineages would also be a part of the research

Saturday, July 27, 2019

F.B.I. Says Records Demands Are Curbed Essay Example | Topics and Well Written Essays - 1250 words

F.B.I. Says Records Demands Are Curbed - Essay Example Among its many extraordinary provisions, the law canceled habeas corpus rights for non-citizens (which amounted to twenty million people in the United States). According to the New York Times article, "The Federal Bureau of Investigation improperly obtained personal information on Americans in numerous terrorism investigations in 2006, but internal practices put in place since then appear to have helped curtail the problems, Bush administration officials said Wednesday. The US government was unable to identify and to directly attack the enemies. Because of the strengthened paranoia of terrorist attacks, every person is considered a potential suspect. With the goal of ending international terrorism, civilians are also affected. The ethical issue that may be considered relevant to the topic is terrorism and double standards My concern is that if we don't have a good answer we may not have a justification to accept, or even promote, one country's "war on terrorism" while rejecting another's. And nobody likes double-standards when it comes to the justification of international policies.. There was no assurance that there should be no detention-without-trial, no suppression of free speech and there should be increased checks or evaluations on police power. There should be no double-standards and all countries will receive equal treatment. This means Pakistan and Ira... Military troops should be sent to both countries in search for these alleged terrorists. There should be no hesitation with investigating Pakistan regardless of Pakistan's exportation of nuclear technology in North Korea. There should also be no indecision with challenging the sovereignty of Pakistan as well as with Iraq. It isn't surprising, then, that one wonders whether "terrorism" names a definite and identifiable kind of act, or if it is a politically charged term used selectively to capture an arbitrary set of events. In the Fatosphere, Big Is In, or at Least Accepted By RONI CARYN RABIN Published: January 22, 2008 Recent studies show that the consumers have also considered skipping fast-food eating for this can be a reason for gaining more calories due to the fat content as well as less availability of healthier food options. Almost every magazine or book that talks about losing weight or maintaining healthy lifestyle advice readers to eat at home instead of eating at fast-food restaurants for this can give them the opportunity to prepare nutritious and healthy meals for the family as well as save money. There have been some notions that fast-food meal tends to have more fat than home-cooked meal and that you can gain more calories just by eating out. Dining at fast-foods can be healthy as long as we prepare ahead as to what food we want to order and consider its nutritional value as well. In the book entitled Competitive Advantage by Jaynie Smith, she stated that there is an increasing need for Americans to eat healthy food. Since fast-foods are their usual first option for getting access to ready food, the fast foods have to think of new ways and strategies to offer healthy

Friday, July 26, 2019

The importance of iron in the human body Essay Example | Topics and Well Written Essays - 1250 words

The importance of iron in the human body - Essay Example Deficiency of iron is found to affect the normal functioning of the human body in several ways indicating the importance of iron to the human body. This requirement varies based on age and gender. (1). Iron is an important element for the normal functioning of the human body The Importance of Iron to the Human Body Among the many metals found in the earth’s crust iron is the second most abundant metal. During the course of evolution of living organisms iron became a key metal for the existence of living organisms and this is reflected in the importance of iron to the human body. Many of the functions in the human body at the cell level find iron playing a significant. In the human body normally about 50mg per kilogram of body weight is the quantum of iron present. On an average this works out to between 3-4gms in a human adult. Of this amount of iron in the human body approximately 60% is present in the form of hemoglobin in the erythrocytes. Nearly ten percent of iron present in the human body is found in myoglobin in the muscle. Iron containing proteins like cytochromes, iron-sulphide enzymes and iron storage and transporting proteins is where the remaining 30% of the iron on the human body can be found. This shows that iron is not present in the body as free ions in the body fluids or tissues. (2). Taken at glance the main functions of iron in the human body consists of DNA synthesis and cell formation; sensing of oxygen and cellular uptake of oxygen, transportation and storage of oxygen within the blood and muscles; electron transfer and conversion of oxygen to adenosine triphosphate (ATP); antioxidant as well as pro-oxidant functions; and regulation of inter-cellular iron. The many functions of iron in the human is the reason that iron is present in the human body in its functional forms rather than as free ions in the body fluids and tissues. (3). Hemoglobin Iron is essential as a cofactor in the formation of red blood cells and hemoglobin and it i s a part of the structure of hemoglobin. Hemoglobin makes up most of the cytoplasm of erythrocytes. Each molecule is made up of four protein or globin chains, which is attached to prosthetic heme group. The heme group has an iron molecule that is complexed at the centre of a porphyrin ring. Hemoglobin is very efficient at binding and carrying oxygen. This efficiency is reflected in its ability to causer blood to carry almost hundred times the oxygen in comparison to plasma alone. An added factor in this ability of hemoglobin to act as the transporter of oxygen in the human body is the capability of hemoglobin to modulate oxygen binding under different conditions. This feature of hemoglobin permits adaptation to a wide variety of environments and demands within the human body. When there is a deficiency of iron normal erythrocyte and hemoglobin production in the human body is affected. The lack of iron causes a reduction in the synthesis of the heme group, which gets translated into effects on the globin production. The reduced presence of the heme group in the red blood cells make the cells smaller and gives them a paler appearance than red blood cells produced that are produced when adequate levels of iron are present. In the presence of adequate levels of iron the maturing red blood cells continue dividing as per their development program till such time as the hemoglobin gas attained appropriate levels. When iron is not present in adequate levels the

C-reactive protein as a novel biomarker Essay Example | Topics and Well Written Essays - 2000 words

C-reactive protein as a novel biomarker - Essay Example This process leads to the formation of foamy macrophages and atheromatous plaques and, finally, to atherothrombotic disease. Atherosclerosis is associated with high morbidity and mortality. Although measurement of lipid levels, stress testing, and coronary angiography are effective indicators of the extent and severity of the disease, circulating markers that could be easily and noninvasively measured would be powerful tools to diagnose, monitor, and intervene in this disease process. One promising marker is CRP, a major acute phase response protein synthesized in the liver in response to the elaboration of acute phase response cytokines, such as interleukin-1 (IL-1), interleukin-6 (IL-6), and tumor necrosis factor alpha (TNF-alpha) (figure 1). Other associated acute phase proteins include serum amyloid A protein, fibrinogen, and mannan-binding lectin. CRP is a member of the pentraxin protein family, which is so named because these proteins possess five identical subunits. CRP, which is elaborated dramatically during acute inflammation, augments the immune response to certain antigens, activates complement, and increases the monocytic production of tissue factors (1). CRP binds to phosphoryl choline on bacterial surfaces, acting as an opsonin and playing a pivotal role in host defense. Interestingly, CRP also appears to bind low-density lipoprotein cholesterol (LDL-C) in vitro, which suggests a direct interaction with the atherogenic lipids (2). Why use CRP as an indicator Atherogenesis is initiated by endothelial injury, which is followed by activation of endothelial cells, up-regulation of cytokines and adhesion molecules (eg, soluble intercellular adhesion molecules, E-selectin), and migration of inflammatory cells into the subendothelium (see figure 1). In this scenario, IL-1, IL-6, and TNF-alpha stimulate CRP synthesis by inducing hepatic gene expression (3). Because atherosclerosis is now considered an inflammatory disease and an elevated level of CRP in

Thursday, July 25, 2019

Intercultural communication( this is the course I'm studying, not the Assignment - 1

Intercultural communication( this is the course I'm studying, not the topic) - Assignment Example On my arrival, I noticed I did not know anyone and all those in attendance were Chinese and I do not know even know a single Spanish word. I knew this was going to be very hard for me because of the language barrier. All eyes were on me and I felt even more uncomfortable. I knew everyone expected me to introduce myself since I looked just out place. I did not know if responding with a nod would be considered disrespectful, but it was my only option. I had seen in Chinese movies that when they greeted each other they bowed as a sign of respect, I was going to collaborate with nodding with hopes of not embarrassing myself. Finally, someone came to the door and introduced herself to me in Chinese I nodded and I bowed slightly. She bowed too, and asked me to come in, in English. I felt so relieved and I explained to her that I did not know Chinese. She laughed and told me that I was in luck that she was there since no one else in the family spoke English. She explained to me that when she introduces me to the mourners it is respectful to stand up, smile, and look at them with ease and after the introduction; I could shake hands (Kao, 9). She introduced me as her cousin’s friend and explained that I did not know Chinese or anything to do with their culture. They looked at me with smiley faces with some even giggling and this made feel very much at ease. After the service, I took time to talk to her and she told me a few things about her culture including how to use chopsticks. I regretted not taking an interest to learn the language or even to know how to say hi when my friend was still alive. I learnt a lot at that burial and it created an interest to study the Chinese language. I in return taught them a few things about our culture and our food. I realized that there is always something new and interesting in other cultures. If people would take more time to learn about each

Wednesday, July 24, 2019

Respones paper Movie Review Example | Topics and Well Written Essays - 500 words

Respones paper - Movie Review Example The fiction in the movie or novel finds itself in the fact that all main heroes gathered by the author in The Yacoubian Building (a luxury apartment building which was built in Cairo)  are invented by him. Nevertheless, the borders between reality and fiction are blurred for these people, only with different names, can be among the audience of readers or viewers right now, as they â€Å"†¦are people of our world†¦Ã¢â‚¬  (Hamid). One of the outrageous themes raised in the work is the false Islamic piety. The main characters including an impoverished aristocrat and a self-proclaimed expert on women, a godly student, a newspaper editor and a corrupt politician, all of them perceive themselves as Allah-fearing citizens who honor their religion and lead a righteous way of life. Still there is a small remark that must be underlined – our heroes go on about their desires and feelings which are inconsistent with the concepts of their faith. In such a case they simply interpret the commandments of the Koran in a favorable for them light to justify their actions and not to be sinners in their own eyes as well as in the eyes of God. The strong belief of almost every Muslim is that â€Å"†¦God bless him and grant him peace†¦Ã¢â‚¬  (Aswany 4) and our characters are not the exception. Another important feature of contemporary Egyptian social life is its injustice and inequality of people of different classes. In this respect the Yacoubian Building itself serves as the symbol of the division of the poor and the rich, according to their situation in the edifice, that is, the poor are in the upper and almost unsuitable rooms and the elite is on the lower floors with large comfortable apartments. Nevertheless men of every social class are the same in one question – relations with women. As it shown in the novel and film, different people have different love affairs with representatives of different sex. However, the place of a woman is still the central one in the lives of

Tuesday, July 23, 2019

Short article prom promises by amy L. best Essay - 1

Short article prom promises by amy L. best - Essay Example The article very well establishes that â€Å"the relative local success of the Prom Promise often depends on the support of individual communities and schools, and of course, the students.† (p 78, â€Å"Prom Promises - Rules and Ruling: Proms as Sites of Social Control† by Amy L Best) It maintains that the success depends on the students’ consent to their own regulations. The article is very effective, with personally observed examples and conversations with the students, in expressing the actual reasons of the failure of many prom promises. For example, it states and illustrates that â€Å"students sign this contract with every intention of violating it. Consider a conversation I had with Scott, a White student from Woodrow, about the Promise, which his school had once tried to implement, successfully...† (Bests). The article goes on to analyze the various levels of the imposed rules in a prom promise and expatiate the view that the forced strategies of the school authorities to check the uncontrolled behavior of students are ineffective to draw any good results. The author is successful in expressing how the students respond to the rules that aim at the modification of their behavior supplementing it with the real life examples of the students of Rudolph and the like. Trickery of the different schools that aim at the effective implementation of prom promise is analyzed objectively and criticized firmly. The strategies of Stylone with table cards, of Woodrow and Hudson with signing of the names in a guest book and the formalized strategy of Rudolph â€Å"checking kids in† are found, for example, ineffective. The article is also very successful in pointing out the exact reasons for the failure of the program. â€Å"That the teacher received the kids contributed to the sense that the pr om belonged to the teachers and not to the kids. It seemed emblematic that of the direct control the school itself exercised

Monday, July 22, 2019

Bsa 375 Week 2 Individual Paper Essay Example for Free

Bsa 375 Week 2 Individual Paper Essay IT Solutions: Proposal for New HR System By University of Phoenix BSA/375 09/02/2013 Proposal for New Human Resource System In our quest to ever better ourselves the IT department, of Riordan Manufacturing, is submitting this Request for Proposal to integrate a more sophisticated, state-of-the art, information systems technology in our Human Resources department. Riordan Manufacturing has always strived to better ourselves by keeping up with technology in all of our operating systems and our manufacturing systems. Our goal is to remain at the forefront of the manufacturing community as we keep leading the way in all of our business systems and, at the same time, keeping the feel of a customer friendly company. We want to make sure that our customers can feel safe in the knowledge that we will do what is necessary to fulfill their business needs. As of now, our Human Resource, (HR), Operating System, (OS), has fallen short of this goal. Please understand that the system that is in place, while it has the ability to complete the task at hand is not sufficient enough for our growing organization. Right now, we are running many separate applications to process all of the HR system requirements. This process is not only time consuming, but is not a cost efficient solution that this company is looking for. If we want to accomplish our goal we need to combine all the old HR systems into a single integrated application. The IT department is looking to complete this project in approximately six (6) months, so the new system can be utilized in the second quarter of next year. We want to have a prototype system available for testing in approximately two (2) months before final system deployment, for training and technical support purposes. Our goal is to have all training and any problems fixed one (1) month before start up. This way we will have time to apply any necessary changes to the system. The new HR system will have many applications that can be used across most of our other business systems from Marketing and Sales to Inventory and  Warehousing. We are hoping for companywide training to be completed within four (4) months of startup, making the new system available for all departments before the end of the third (3rd) quarter. Below are some requirements that will need to be accomplished so that the process of integrating the new HR system will go smoothly. Access the Stakeholders Involved in System Startup The first step in setting up the new Human Resource Application, (HRA), is to gather information about the system requirements and user needs from everyone that will be involved in the startup and rollout of the new system. The process of gathering information from involved stakeholders can be a tedious process if the wrong techniques are used. So, to expedite this in an orderly and timely manner we will be passing out questioners to all members of the Human Resource Department and to all Department heads. Using Questioners will help the IT department get an idea of what requirements are expected from the new system. It is not cost efficient to talk to each employee so, it would be very beneficial for all that every questioner is filled out in a timely manner. We will be emailed to each employee on Monday September 9th, 2013 and would like a response no later than Thursday September 12th, 2013, (for processing purposes). Questioners will also be available on the Employee Web Site under HR applications. Another technique of gathering the needed information will be to conduct group meetings with the HR department executives and managers. The IT department will be holding Joint Application Development, (JAD), sessions starting Monday September 16th, 2013. These sessions are managed processes that the IT department uses to gather information in an efficient, cohesive manner. We want to use team involvement so that we can gain a firm understanding of what you, the client, will want out of the new HR system. The JAD session will help all of us jointly develop the new system. Ensuring Successful Gathering of Project Information We, in the IT department, want to make sure that every system requirement that maybe be asked for will be deployed at the time of the system prototype introduction. To insure that this goal is accomplished we must gather correct, concise and relevant information from each of you, the stakeholders  involved in the system development. Gathering good information will help us develop the system molded to what you want. We understand that the information gathering process can be a daunting task, but with your help we can make this as painless as possible. Remember, without your input on this project the IT department cannot rollout a system that will be an effective tool for Human Resources and the rest of Riordan Manufacturing. The ability to gather good information is the most important process in all parts of every System Development Life Cycle, (SDLC), and with everyone’s support in this process the system rollout will go smoothly. Developing the Project Scope and Project Fea sibility Riordan Manufacturing wants all projects that go into development to be successful. If we want the new Human Resource system to be successful we will need to institute a project scope system. Even with the feedback and involvement of each stakeholder and the success of other projects delivered from the IT department there is a chance that this new system can still fail. At any given time there will be necessary changes to the project. These changes can have a negative effect, but our goal is to remain focused on the system requirements. We want to delivers the new system on time and under budget with the required functions that are expected. Our plan is to set up a system to manage key aspects of the new systems development: * Project Size – Understand how large this project will be * Project Goals – Make sure goals are set and achievable * Project Requirements – All system requirements are carried out To deliver a finished project that meets the goals above our Project Scope will need to follow a these five (5) steps: * Project Initiation – evaluate the need of the new system and deliver appropriate solutions. * Scope Planning – Create a feasible Work Breakdown Structure, (WBS) that charts all the work that will be done on this project. * Scope Definition – Working with you, the end user, expand in detail the work breakdown the will be needed. * Scope Verification – Timely scheduled work assessment and acceptability checks by the end user and the IT department during the SDLC of the new application. * Scope Change Control – Put a formal system in place to control any system changes that will take place. This will  limit Scope Creep, (Unauthorized access to changes to the system). As you can see, applying proper scope management will be crucial in the development of the new Human Resource system. Conclusion To stay as one of the leaders in manufacturing we must keep trying to evolve. While we at Riordan Manufacturing have strived to be the best in the industry there are occasions when we must look into ourselves and see what changes are needed so that we can remain an innovator in manufacturing techniques while still being a customer friendly organization. The current Human Resource system has fallen behind and is keeping us from maintaining all that we have set out to accomplish. Integrating a more sophisticated, state-of-the art, information system in our Human Resource department will accomplish more than just the above goal. It will streamline our business applications into an easy to use easily accessible system that will be cost efficient with little maintenance. This is what we have always strived to accomplish and this new system will keep us on track. With proper planning, creating a good project scope, gathering good, reliable and relevant information and with your constant in volvement throughout the SDLC of the new HR system we will be guaranteed of a successful project completion and rollout. Thank You. IT System Manager 09/01/2013 References Wich, Darren. 2009. â€Å"Project Scope Management† IS 6840. Online http://www.umsl.edu/~sauterv/analysis/6840_f09_papers/Wich/scopemanagement.html Heldman, Kim. PMP, April 14th, 2009. â€Å"The Importance of the Project Scope Statement†. Lakewood, Colorado. Online. http://pm.97things.oreilly.com/wiki/index.php/The_Importance_of_the_Project_Scope_Statement Blankenburg, Joanne. September 9th, 2012 â€Å"Use Joint Application Design (JAD)

Business Process in The Wedding Planning

Business Process in The Wedding Planning Introduction: The report focuses on the business process associated with the wedding planning which ultimately proves to be very helpful in establishing the business in this field. Wedding planning is considered as the emerging business area due to the busy lifestyles of people; people themselves have limited time due to their vocations and thus require an institution which can manage all the activities associated with the wedding event. The report thoroughly identifies the information regarding the wedding planning and its functions, business description of the wedding planning, requirements of customers regarding wedding event, scope of business, targeted customers, market analysis, porters 5 forces model, marketing strategies, and financial feasibility associated with the business of wedding event. The report proves to be very helpful in identifying and implementing the strategies for the commencement of wedding planning business. Wedding Planning: Wedding planning may be regarded as formulating plans associated with the wedding for their effective implementation in the event so as to ensure its success. The business pertaining to the wedding planning includes: Conducting the interview of the couple and their family in order to recognize their requirements regarding wedding event. Preparation of budget for the wedding related expenses. Formulating the elaborated checklist near about one year before the event. Preparation of the guest list. Recognizing various venues for the event like hotels, marriage gardens, wedding manor etc. Planning associated with the decoration as per the customers requirement. Recognizing and recruiting various wedding service providers and professionals like photographers, videographers, caterers, florists, decorators, beauticians, musicians, bakers etc. Preparing and executing various contracts with all the parties. Management of various services and deliveries on the day of wedding event. Preparation of a alternative back up plan in case of any emergency or disaster. Managing the schedule of wedding with the help of software. Preparation of legal translations and documentations for the destinations of the event. Planning associated with the gift distribution to the guests. Providing various honeymoon packages to the couple (Lets Get Planning !). Business Description: Wedding Planning business in the recent time is considered as the most innovative and growing business in the world. In todays scenario, due to busy nature of engaged people no one is able to plan marriage in systematic manner. For overcoming this problem the business of wedding planner came into light. The United Arab Emirates is the place where people are rushed for marriage purpose and for these emirates has become a world class destination for tourists (UAE Customs and Traditions). Requirements: The United Arab Emirates is the best place for tourism. This country is a corporate hub in the world. As a tradition in the UAE, the beginning of wedding starts with the setting of wedding date. This event requires lots of preparations and planning and for this purpose Wedding Planning business facilitates means to the groom and bride to make their marriage memorable (UAE Customs and Traditions). Scope of Business: The wedding planning business has enormous scope in the todays existing world similarly it also plays significant role in the UAE economy. The scopes of wedding planning business in the UAE are as follows: One of the advantages of having wedding planner is, it facilitates everything that we want for wedding. It organizes and plan wedding in accordance to clients desire. It facilitates best deal with money because they are experienced in the searching of best wedding deals and also easily deal with vendors. Although wedding planners are also able to handle emergencies in the wedding. The main advantage of having wedding planner is it saves lot of time. They are responsible for each planning such as contacting vendors, budget, selection of wedding items etc (Wedding Planning Scope Statement ; Benefits of having a Wedding Planner). Target Consumers: The target customers of wedding planner are people who are living in United Arab Emirates. Wedding planning business is aimed for facilitating services to the consumers by offering various facilities at optimum cost and time. The targeted group of customers is between the age group of 18 to 40 years. Market Analysis: A thorough market analysis and research is required for the establishment of wedding planning business, market research will helpful in the systematic identification of customers need and requirement associated with the wedding event compliance with the latest market trends. Market analysis helps the business in following ways: Identification of tastes and preferences of customers regarding the wedding event so as to provide customized services. It helps in deliverance of augmented services as per the latest market trends. It helps in gathering the information associated with the competitors in the same business field and which ultimately assist in having competitive advantage over others. It helps in formulation of various marketing strategies associated with the business like pricing, promotion, location, enhancement of services etc. It helps in expanding the market intermediaries of the business. It helps in target market, market positioning and market segmentation of the business. 5 Forces Model: Porters five forces are applied to business strategy and then analyzed the needs of indusial sectors. These forces are competitive factors and comprises of suppliers, substitute products, rivalry within an industry, customers or buyers, and new entrants. These forces have significant effects on the wedding business. The model of five forces is shown below: http://www.smartkpis.com/blog/wp-content/uploads/5-Forces-Model1.png Source: http://www.smartkpis.com/blog/wp-content/uploads/5-Forces-Model1.png Industry Competitors: Rivalries strategies in the market have significant impact. They use means such as advertising, more attractive customer service, prices competition, introduction of new products etc. before establishing wedding business there is need to analyze industry competitors. Pressure from Substitute Products: Substitute products are the results of industry competition and involve identification of other products that can perform same function. Bargaining Power of Suppliers: Suppliers have a significant influence over an industry because they influence the product quality and prices also. Bargaining Power of Buyers: The bargaining power of buyers forces for prices down with the demand of high quality services and products and that resulted as loss of business. There is need to set prices of services by keeping in mind about the price strategy according to the buyers bargaining power. Potential Entrants: The existing entrepreneurs are responsible for the new entrants and it depends on the barriers to entry. If the existing businesses are not satisfying their consumers need and with this they are not updating according to the market needs then there is possibility of entering new entrants (Porters 5-Forces Model). Marketing Strategies: Marketing strategy ensure the marketing activities remain associated with the business goal and maximizing the returns through the marketing efforts. http://www.easy-marketing-strategies.com/images/Mktg-Strategy-Process.jpg Source: (The Marketing Strategy Process) The marketing strategy of wedding associated with the understanding of customers needs and on the basis of these needs market and competitors analysis are performed. Marketing strategies in wedding planning business comprises of several strategies such as bridal segmentation, competitor research strategies, market research for bridal wedding, development of new business, planning for wedding media, strategies for networking etc (Wedding Marketing Unveiled; The Marketing Strategy Process). Financial Feasibility: The financial plan for a business comprises of estimated sales forecasting in order to evaluate estimated pricing, sales and menu etc. This financial plan gives ray for establishing business by arranging all expenses within budget. Financial plan for a business comprises of following heads: Summarize the financial needs. Forecasting sales through the analysis of market. Specify profit margin. Plan for income statement. Balance sheet Forecasting for flow of cash. Planning for capital spending (Weinberg). Conclusion: Wedding planning business is the emerging field, due to the time constraints. In todays era people are too busy in their vocations and business and thus could not get time to plan and execute the wedding event. This leads to creation of wedding planning business. Wedding planning includes the identifying and formulating the strategies associated with the event as per the requirement of the customers. It covers arrangements of all the activities along with the market and financial aspect. Wedding planners are very helpful in making the event successful and memorable.

Sunday, July 21, 2019

Rights of a Child with Disability

Rights of a Child with Disability All childcare settings are forbidden from discriminating in anyway against disabled children when they apply for the school. All children should be made to feel accepted and welcomed; they should be offered the same opportunities as abled children. All children should have the opportunity to attend public or private school. Schools should adapt their setting to accommodate all children. This may mean that the setting may need to install ramps ofr wheelchair bound children. This would mean the setting is promoting equal rights for all children. This all comes under the Equality Act 2010. Under the SEN Code of Practice all childrens’ needs will be aimed to be met in a mainstream setting. Despite a child’s disability or additional needs they should still be offered a full education. Parents will be asked to offer support at home and members of staff at the child’s setting will always keep the parent informed about everything that is happening with their child. The United Nations Convention on the rights of a child states that all children should have their views listened too. However the influence that a child has over a situation will depend on the level of maturity that the child possesses. This is all mentioned in article 12 of The UNCRC. It is said that all children should have the right to a full and independent life. This means that all children should receive special support and care if they need it. Article 31 says that every child should be exposed to culture like any other child. Therefore the people working with the children should adapt the setting so it allows them to do so. Inclusive practice is something that is extremely important to not just disabled children but all children. Inclusive practice promotes diversity in an environment. Settings should uphold not just a child friendly approach to learning but also a child centred approach to learning. A child friendly approach is simply when the environment is nice for the children, practitioners will treat all children in a respectful manner, the will do this regardless of if the child is a boy, girl, disabled or able bodied. The aim of this approach is that all children will feel safe in the environment they are in and they will gradually improve. On the other hand a child centred approach is when practitioners will push the children to do their best. This will always be done in a respectful way, practitioners will not pressurise the children but they will make sure they are continually challenging themselves in a safe way. They may be asked to face strategic problems in a group setting which in turn w ill encourage socialising and communication which some children may have struggled to do originally. Children will be taught valuable life skills and shown how to organise themselves. This will give children a sense of independence. However most importantly practitioners will want children to feel empowered despite their disability or additional needs, and to feel safe and secure in their environment. All settings should be in a social model of disability frame of mind this is when practitioners do not to pay attention to the child’s disability or condition but remember and respect the fact they have feelings this model is here it empower children not knock their self-esteem. Medical model of disability is when the child’s disability is seen as an illness that a cure should be found. This makes children feel disempowered, this will make the child lose who they are and will always be seen as a walking illness. If a setting is following the medical model then they are no longer working in line with inclusive practice. Promoting the inclusive practice should mean that respect for children; teachers and parents/carers should always be given. Practitioners should show empathy towards the children and have their interests at the heart of planning. Respecting a child in an inclusive practice can be done in many ways however one is not defining the child by the symptoms of their condition, this will dishearten a child and they will not feel like the rest of their peers. Children should always feel safe and secure in the environment in which they are in. If a child has Attention Deficit Hyperactivity Disorder (ADHD), it may be a struggle to get that child to relax and to concentrate on their work. Nevertheless if the child’s interests and hobbies are in the heart of planning this may encourage good behaviour and concentration in the classroom. Which in turn will produce good results not just for the child in question but all the children that may have originally been distracted by child that suffe rs from ADHD. Showing empathy towards a child and his/her family shows that you have and understanding of their condition and respect what they are going through. But in no way does showing empathy mean you have to sympathise with them and show them pity, this will not benefit you or the childs progression. Showing empathy however will allow for a deeper insight in to their condition and have a broader understanding of their day to day life which will help you make settings more accessible and beneficial for them. Attitudes within an environment may need to be adjusted knowing more about a child’s disability will help practitioners to change attitudes about the way they look at things. For example if a blind child has just joined the class they may decide to change the way the room is laid out to help that child. This is because the teacher understands that having tables just dotted around the room may become a hindrance to that child. Practitioners should try to empower the children let them become more involved with their own day to day life, let them make decisions on their education and the way they wish to be treated. Everyone single child should feel safe and welcomed when they enter any childcare setting. Children should always feel valued and respected no matter what their condition is; equal rights should always be at the front of everyones minds along with the child being at the centre of all planning. Having a disability doesn’t mean the child is a second class citizen, disability should always be represented in a fair and positive light. A child with a disability is likely to already have low self-esteem so they should not feel degraded any further; this means not prejudiced language or behaviour should be used. If this behaviour does arise it should be addressed quickly, in a sensitive manner you should let the person know that they have done is wrong. Anyone that is involved with the setting should portray a positive attitude towards diversity. Parents are always going to be the biggest source of information regarding a child; parents can be brought in to an educational setting to help a teacher to provide the best care for a child. A practitioner may ask the parent to share their expertise with them, other professional may be brought in to help deliver the best education for a child. Every child has strengths as well as areas in which they require additional help; however an educator should also focus on the child’s interests and strengths this will make the child feel good about themselves, practitioners should praise a child for good work. Parents have a substantial emotional investment in their child and this should be valued at all times. A practitioner may say that a child would be better off not attending a mainstream school, this may be extremely upsetting for a parent to hear, and this is when a member of staff should offer support not only to the child but to the parent also. It should always be remembered that this is all new for the parent; they may not understand the procedures that are involved with having a SEN child. To help the parents/carers feel more comfortable with the situation all documents should be given to the parents in advance of meetings. Having a copy of the setting procedures before the meeting means that the parent can feel more prepared for when it comes to the meetings also it means that parents can ask questions about things that may be concerning them. By questions being asked and answers being given a strong teacher and parent/carer bond can be made. Practitioners need to be under the understanding that their opinions may differ to the opinions of the parents. They must remain calm, respectful and professional when having discussions with parents. Parents/carers should be allowed the time to think about the practitioners ideas, then once everyone has come to agreement they can all sit down together and deliberate about best way to care for the child. In some cases the parents may also have a disability themselves; also there may be a language barrier between the parent and the practitioner. The practitioner should try to offer as much support as possible to the parent/carer. If English doesn’t happen to be their first language then maybe a translator could be brought in to make them feel more comfortable in the situation. Flexibility on the scheduling of meetings will always be greatly welcomed by the parents/carers. Often they may have work commitments or other children, if practitioners can be flexible about what time the meeting can take place it will help the families massively. If meetings can be arranged in advance it is likely that the families will be able to arrange cover for work and alternative childcare if needed. This proves to the families that the members of staff are trying to help them as much as possible to make their lives a little easier. If a child needs are more in-depth the help of other professionals may be needed. There are many different professionals that may provide a service that could help a child, such as a Speech and Language Therapist, they will be used if the child struggles to be able to communicate, also if the child struggles to swallow a speech and language therapist will be used. A paediatrician is a doctor that is located in a hospital; this may seem scary however it’s just so they can keep a closer eye on the childs progression on regular visits. Social workers are there to offer support to the families and the child as a child with a disability or an additional need is likely to be viewed as a target for bullying. The environment that the child is learning in should always be adapted to the best of everyone’s ability to meet that child’s needs. All resources/materials should always be checked that they are not just age but also stage appropriate. However the environment should also be appropriate for them, this may mean a setting may have to adapt to meet the needs of every child e.g. if a child is blind the layout of a room may need to be changed. If a child has a lack of manipulative skills they may find undressing and dressing difficult. If the child has a PE lesson it may be a good idea to give that child extra time to change or allow the child to come in to school with their PE kit on and only have to change after the session. Some children find it hard to express their opinions or how they feel about things. They may not be able decide which type of toys they want to play with. Practitioners should try using visual aids to be able to understand what type of the things the c hild likes and dislikes. Resources should always be checked to make sure they are stage suitable as if the activities are too easy the child will lose interest and not improve but if the activity is to hard then the child will not focus and will not progress as they will feel discouraged. All these things need to be taken in to consideration when adapting a practice.

Saturday, July 20, 2019

Gay, Lesbian and Bisexual Issues - Homophobia and Self-hatred :: Argumentative Persuasive Topics

Essays - A Debt that Must be Paid    Adolescence, under the best of all circumstance, is a time of great stress and confusion for young people. Bodies, relationships to friends and family, and moods change rapidly as social, psychological, and physiological puberty is navigated.    In this society, to be an adolescent who is gay, lesbian, bisexual, or transgendered (hereafter referred to as 'gay') means to be at significant risk for suicide, depression, dropping out of school, violence, homelessness, rejection from family, prostitution and substance abuse.    Estimates suggest that at least three million children and adolescents in the United States are homosexual.    For this group, the societal stressor of homophobia (both external and internal) adds a significant and often lethal component. Researchers estimate that up to one-third of all adolescents who commit suicide are lesbian or gay. In addition, gay teens are two to three times more likely to attempt suicide than their heterosexual counterparts.    Data collected in 1985 suggest that 85% of gay youth who attempt suicide also use illicit drugs. Nearly a quarter of that group had already undergone chemical dependency treatment. The mean age for suicide attempts is 15 years and most report multiple tries. Overdose and self-laceration account for 80% of these attempts.    National dropout statistics reveal that 28% of gay and lesbian high school students leave school because of physical and mental harassment resulting from their perceived sexual orientation. While in school, the data indicates that more than 37% of adult gays experienced threats, harassment, or violence in either junior high school or high school.    Feelings of social and emotional isolation are also are rampant. Four-fifths (80%) of gay adolescents report severe problems in this area. According to a 1986 survey, 40% of homeless youth identifies as gay, lesbian, or bisexual. In addition, half of all lesbian and gay youth studied, report that their parents reject them because of their sexual orientation. It is estimated that 26% are forced to leave their own homes.    Gay youth are more likely to experience violence perpetrated upon them by family, school peers, and total strangers. Nationally collected data is not available, since the Bureau of Justice statistics do not indicate crimes against youth who are gay. Non-national studies show that of youth who report assault crimes, 46% say that their sexual orientation was an issue. More sadly, 61% of the violence perpetrated on this group occurred within their own family.

Friday, July 19, 2019

Polititical scandals :: checking politicians backgrounds

When it comes to the importance of checking state and local politicians, I think it is extremely important to a certain extent. Any job should require some background check when the job is publicly related. Police officers for instance have an extensive background check if they have suspicion of a current or upcoming officer. Officers can contact a number of friends, relatives, bosses, etc. of the officer to ask questions, in hopes of catching the individual of guard. I feel that this is somewhat necessary for someone that we are supposed to trust to protect and serve our communities. It seems that even though United States soldiers have probably the most patriotic job in the country, although they do not need such a background check because of the demand for soldiers. Besides the demand, I think that it doesn’t matter all that much for some jobs. A politician, is someone the state, or communities needs to trust for much larger issues than protecting and serving. Not only do they have the power to move mountains, locally and nationally, but they hold somewhat of a role model position. These politicians are expected to be the best, most honorable, trust worthy citizens, eligible for such a job. The public sees this, sometimes too much through rhetorical situations, but sees it none the less. A politician is comparable to the president of the United States, professional athletes, and anyone that holds the title of a role model. I feel they should have a very extensive background check, but there is a place to draw the line. Neil Goldschmidt for example seemed to be the definition of a stereotypical politician, by that I mean holding all the positive qualities I previously stated. He did a tremendous amount of work for Portland and surrounding areas, and brought about much needed and appreciated commitment. When someone is to pry back into his life to determine if he was a good person, so to speak, back twenty years, I would say that there was no need for that. On the other hand if any suspicions happened to surface in the years of his employment, I would definitely feel they should be investigated. Not saying that any human being capable of committing any crime like that, shouldn’t be convicted to the fullest extent. Just that spending so much time and money on somebody, could be spent so much better somewhere else.

Retaining Employees in Small Business Essay -- essays research papers

Abstract Retaining employees is a dilemma for small businesses. Large corporations have resources specifically aimed at keeping their employees while smaller ones do not. Using online resources, we examined the issue of employee retention in small business. We found that the problem stems from different areas, lack of resources, few employees, minimal direction from management. While these issues are a problem, they are not insurmountable. Small businesses need to be innovative and creative in finding ways to keep their employees. Retaining Employees Why would a small business see higher turnover than a larger company? In general, small companies have less official company documentation and standardization with regard to job descriptions and responsibilities. Because there is a smaller employee roster, there is less opportunity for specialization. Small business employees often have to be versatile. It is for this reason that small businesses often refrain from being specific in outlining an employee’s duties: The employers themselves may not know ultimately what the expectations are of their own employees. Writes Kickul, â€Å"Instead of having explicit job assignments, job descriptions, and training programs that are traditionally seen within large organizations (Aldrich and Auster 1986; Aldrich and Langton 1997), small firms and their founders may rely on informal techniques to communicate their organizational benefits and rewards to guide and assist employees in understanding their psychological contract with the smal l business. (Kickul, Jill)† Employees often want specific descriptions of their roles and responsibility. This means having written job roles and responsibilities, and having this available to the employee. When an employee has a specific understanding of what is expected of them, they will tend to have an increased sense of job security. As mentioned in the above quote, this scenario is traditionally found in larger companies. An individual going to work for Home Depot or Wal-Mart is going to be given an employee handbook, specific outline and description of job requirements, etc. In the absence of this explicit communication, i.e. in the small business environment, there exists the possibility of miscommunication, misunderstanding, and resentment using these â€Å"informal† techniques, be they verbal, hinted at, indirectly suggested, or otherwis... ... environment that is desirable and unique can help in this process. This includes promoting from within the company and giving employees’ room to grow. Most small businesses will find that these solutions can help when there is a lack of resources. Finally, by getting creative small businesses can find solutions that cost less and will still be effective in retaining employees in the face of larger businesses.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   References Daveta, John (2001). Retaining Valued Employees No Small Task For Small Businesses.). Daily Mail.  Ã‚  Ã‚  Ã‚  Ã‚   Hayes, Scott. (1999). Payroll-Deduction Plans Help Small Companies Retain Employees. Workforce.  Ã‚  Ã‚  Ã‚  Ã‚   Jones, Alexandra. (2004). Work-Life Balance needs Correcting. Daily Mail.  Ã‚  Ã‚  Ã‚  Ã‚   Kickul, Jill. (2001). Promises made, Promises Broken: An Exploration Of Employee  Ã‚  Ã‚  Ã‚  Ã‚   Attraction and Retention Practices in Small Business. Journal of Small Business Management. Worden, Vicki, L. (2002). Tips For Keeping Top Performers. Association Management.

Thursday, July 18, 2019

A Separate Peace Chapters 6-10 Essay

Directions: Answer the following questions on THIS sheet of paper. You DO NOT need to answer in complete sentences. It is best to try to answer these as you read, since the questions are listed in the order in which they appear in the book. 1.Who is Cliff Quakenbush? What happens between him and Gene? Cliff is a manager. And they both get into a verbal fight. 2.Who calls Gene on the first day back to school? Phineas 3.Who is Brinker Hadley, and what does he say really happened to Finny that day in the tree? He is the hub of the class. He claimed that Gene deliberately pushed Finny of the tree 4.Why does Gene leave the Butt Room without smoking a cigarette? Because he forgot to study for the French test. 5.How do the boys at Devon contribute to the war effort? The Enlist 6.Who decides to enlist in the war? Why does Gene end up not following through with his enlistment? Gene decides to enlist in the war. Gene didnt go through the enlistment because he decided to stay with Finny. 7.Why is Finny training Gene for the Olympics? Because Finny wants to make sure that Gene does not turn out to be a fat old man 8.What is the winter carnival, and whose idea is it? The winter carnival is Finny’s idea of a sports world. 9.What happens at Leper’s â€Å"Christmas Location†? Leper manages to escape from the spies and hopes to meet Gene at the Christmas Location. 10.How does Gene respond to what Leper tells him? Gene becomes aggravated and doesn’t believe Leper.

Wednesday, July 17, 2019

Mercury Footwear Questions Essay

1. Is mercury an allow for fall guy for AGI? Why or why non?Yes, we do cypher so.In the case, we could figure almost characteristics of footgear manufacture (1) It is a mature, highly hawkish industriousness marked by low ingathering, b atomic number 18ly stable do honorable margin. (2) Performance of single(a) firms could be quite volatile for they enquire to anticipate and exploit fashion trend. (3) b atomic number 18ly more or less global footwear deformitys, acrobatic and perfunctory shoes market is thus far fragmented, which heart and soul each company could has its throw market beca social occasion of its characteristic. (4) In this market, it is important for the brand image, specialized engineering for motion and price. (5) c arer cycle is little(a).(6) stock management and end produce lead times are searing for the success. (7) Main sale steers are department stores, independent distinctive feature retailers, betting goods stores, b awayiques and wholesalers. (8) Most of the firms outsource the manufactures in China. beneath are some characteristics for hectogram and AGI we select to focalise on during the analysisAGIMercuryTar drag CustomerTarget customers are urban and suburban family members aged 25 to 45. Youth market, chief(prenominal)ly 15 to 25. describe statementAmong the first companies to offer fashionable walking, hiking and boating footwear. Its mother company decided to join on the brand by creating complementary moving in of attire. Because of the miserable performance, it was decided to interchange.Stylelogo is marked with prosperous, active and fashion-conscious lifestyle. Its main customers are not interest in its apparel. pecuniary performanceAmong the most profitable firms.Had poor performance after acquisition by WCF.R levelue contribution42% of tax revenue from acrobatic shoes and balance from casual footwear. Revenue and operating income were 470.3 cardinal and 60.4 million in 2006. Re venue and EBITDA were 431.1 million and 51.8 million..Products athletic shoes developed from high-performance footwear to athletic fashion wear. Four main segments mens and womens athletic and casual footwear.Casual shoes focus on mainstream market.In order to stress individual products, it began to monitor styles and images from global kitchen-gardeningFocus on smaller portfolio of important products with longer lifecycles and could maintain simple takings and supply chains.Sales transmit in the first place sold in department stores, specialty retailers, wholesalers and independent distributors. Small percentage is sold through website. Department stores, specialty stores, catalogs, drop retailers and internet.Inventory managementGood at broth management in the industry.Inventory management performance is worse than the sightly level.OutsourceOutsource manufacture in China.Outsource main materials in un fill outn suppliers.Advantages &DisadvantagesIt usurps small size as its competitive disadvantages. And it faced with some problems in the desegregation of manufacturers. Price cuts and promotion in apparel line hurts operating margins but helped to the trainth in sales.Sales egress is impose than the amount because of at that place is pocketable brush off inprice.We could learn that managers of AGI want to lucub estimate the scale of its company and gain bigger market share because of the stable profit margin. And since the revenue is almost the corresponding, it is a good choice to merge with Mercury, which means that revenue would be treble after acquisition.And these deuce companies shit some similar factors, such(prenominal) as (1) They could use the same sale channels after acquisition, and internet channel could be enlarged. (2) They could combine manufacturers to get a powerful bargain in suppliers. (3) The product segments are almost the same, which means that there should be little work to do after acquisition in product adju stment. (4) Thanks to the profitable ability of AGI, it is oft(prenominal) easier to make a better monetary performance of Mercury. (5)It is good for them to increase the performance of neckcloth management if they merge together. (6) Although their target customers are divers(prenominal), especially in ages, which means that style and brand are different in the truly beginning, this factor could change shape into an advantage for the new company could gene set out a fully segment of customers with a wider age ranges.Therefore, take into to a higher place factors into account we guess that Mercury should be an stamp down target for AGI.2. Review the projections formulated by Liedtke. Are they appropriate? How would you recommend modifying them?In the case, we could find that Liedtke used historic cleans to larn the overhead-to-revenue balance. However, historical data is usually bootless for future. Some studies found there is little evidence that firms grew fast cont inued to grow fast in the next bound. And sometimes there are even minus correlations between branch judge in the two terminuss.Besides, smaller firms tend to be much volatile than others, which we could find the same characteristics in these two firms we are talk about. And just as we mentioned in the hesitancy 1, revenue may be doubled afteracquisition, it just fits the theory that it is elusive to maintain historical growth rates as firms double or three-bagger in size. Therefore, plantd on the above analysis, we think that it is not reasonable to use historical data for future projections. And sometimes, psychoanalyst should be better than the historical growth.Considering that there are five main channels for analyst forecasts firm-specific discipline, macroeconomic selective education, information revealed by competitors on future prospects, private information about the firm and public information other than earnings, we think Liedtke could find more informatio n from above channles to get more accurate assumption.And since performance of Mercury is poorer than the mediocre of the industry, it is better to use industry average level for the benchmarking of Mercury when predicting, instead of a discount rate of AGI for example.And from the comparison of 2007 to 2006, we tail end find Liedtkes forecast imply great input from AGI to support the schooling of Mercury, whether he has taken this into consideration? And he estimate debt/ candour ratio remains the same as AGI, that is also unreasonable, for it is not possible to change that in short period.3. Estimate the appraise of Mercury use a discounted cash ladder draw close and Liedtkes base case projections.1first of all, to calculate the cash flows from 2007 to 2011, pull in Income ( detonating device Expenditures Depreciation) Changes in non-cash Working Capital= drop out Cash flow to FirmWe whoremaster get the result.Free Cash flow-17,19226,86721,74025,15829,319(2) hence we need to calculate the endpoint cherish.a. Cost of CapitalFor price of gravid, we know the debt ratio is 20%, and approach of debt is 6%, we need to find the live of equity. We borrow the appeal of equity equal issuing on equity, we tummy calculate the historical return on equity from 2007- 2011 is as below, Return on equity12.8%14.1%14.5%14.8%14.9%We take 14% as reference.Based on the formulaCost of Capital =debt ratio *cost of debt +equity ratio * cost of equity, We can get the cost of Capital in 2012, 12.7%b. growth rate in futureWe can find during the period from 2007- 2011, the growth rate of net income is not stable, so we assume from 2012, Mercury land into stable and slow development stage. And it is demand to calculate the cash flow in 2012. From 2007- 2011, the growth rate ranged from 4.74%- 16.3%, we assume the growth in future forget be not that high. We can find during the period from 2008- 2011, the reinvestment rate 15.57%- 37.1%, we just take a middle on e 24.37%, by multi reinvestment rate and cost of capital (assume cost of capital =return on capital), to reach growth rate afterwards= 3.09%.c. based on the growth rate is 3.09%, we can get EBIT in 2012 is 39,930.. We gull assumed ROC=WACC utmost cling to=EBIT n+1*(1-t)/cost of Capital, we can get Terminal Value in 2011 is 315,237.(3)Present cherish of cash flowsWe have get the cash flows of 2007-2011 and terminal foster in 2011, and the cost of capital is 12.7%, we can get the respective present judge of them and reach the native present value 226,514, which is the estimate Firm value of Mercury.(4) substitute(a) method to calculate cost of capital, then value of Mercurya. of importWe have learnt from Exhibit 3 of peer companies information in this business, we can calculate cost of capital in alternative ways. Unlevered of import for business= of import comparable firms/1+(1-t)(D/E ratio comparable firms) From information provided in Exhibit, we can get average Beta an d D/E ratio, is 1.56, 24.9% respectively. Therefore Unlevered beta for business= 1.35 We know the D/E ratio and tax rate of Mercury, then get levered beta for Mercury =1.52b. adventure unfreeze rate and lay on the line subventionwe assume risk free rate is 5%, and risk premium as the historically one 4.3%. The cost of equity leave behind be 11.5%. Then the cost of capital will be 10.6%.c. inhabit g and terminal value in 2011 anticipate g and terminal value in 2011 will be 2.6% and 374,576 respectively.d. total present value of Mercury entirety value of Mercury will be 247,479, which is the estimate Firm value of Mercury under the alternative method.In my opinion, the value calculated via alternative method will be more reliable.4. Do you go out the value you obtained as conservative or aggressive? Why?I think my valuation is conservative, the reason is as follows (1) infra the underlying method, the expected g is much lower than the average g from 2007-2011, even lower the l owest one indoors this period and the reinvested rate is lower than the average one from 2007-2011 and also not a high one in common business, and we can also found the EBIT valuation account is lower than the average one in that business. (2)(3) Under alternative method, the expected g is much lower as 2.6%, the risk free rate is also a medium one, and the risk premium is a historical one, which is much higher than youthful risk premium in USA.5. How would you poll possible synergies or other sources of value not reflected in Liedtkes base case assumptions?We have conduct some simulation in the spreadsheet, we can find the present value of Mercury is very sensitive to cost of capital, under basic model if the cost of capital curve to 10%, the value will organise up to 304,882. As for debt ratio and expect g, it is not so sensitive, but has some influence. To my surprise, the reinvestment rate is not sensitive to the outcome, I have not figure out the reason. Under the altern ative model, beta, risk free rate and risk premium are all sensitive to the outcome, but not significant as capital in basic model.As for synergy, the management of inventory has not shown great synergic effect to the outcome, for from 2007 to 2011, inventory level has not reduced. I think if AGI can reduce the cost of capital, which will show the great synergic effect to the acquisition.

Tuesday, July 16, 2019

Law of Tort

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.