First Time Going to the Principals Office Essay

Your first time going to the principals office can be kinda scary because sometimes you never know what your being called down there for. The first time i went to the principals office is a day i will never forget. It was when i was in the 5th grade Feburary 12th i was sitting in class doing my work when my teacher called me up to his desk and told me to grab my things im going down to the principals office. I was so nervous/scared and didnt know why i was being called down. When i got down there it was a lady sitting at the desk calling other students names to go back and see the principal. I walked up to the desk and gave her my pass. She took the pass & told me have a seat and get comfortable because I’ll be waiting a long time until my name gets called. After she said that i got even more scared. As i was sitting there waiting for my name to be called i started to think about everything i had done that week so when it was my turn to go back there it wouldnt be a surprised to why i was being called down there. About 15 minutes went by before she called my name. When she called my name and told me it was time to go back i didnt want to i really wanted to run out the door and go back to my class. When i walked into his office the look on his face was distasteful. He told me to have a seat and said he have a couple questions to ask me. I told him okay. The first following question he asked me was â€Å"whats going on? â€Å". i didnt really know how to respond to that so i said â€Å"nothing is going on†. He opened his mouth to say something else to me, im hoping that its about why im down here. Before he could say anything i hurried and opened my mouth to ask why i was down here. He looked at me and started smiling and said your not in trouble you were called down here because there was a fight that happened earlier this week envolving two girls that you know and were really good friends with, and im wondering do you know what could have started the fight . All that worrying about whether i was in trouble or not went away. I told him i didnt know what could have started the fight. He asked me do i think that it couldve started in the class room during any of the activities we were doing, I said no. He said okay thats all i wanted to know I’ll write you a pass back to class. As he handed me the pass he asked me one more question, The question was why was i so nervous when i came into his office. I told him it was because i thought i did something wrong and because it took a long time for my name to be called. He said it took so long because of my last name, they were calling people in alphabetical order.

Culture and Health Essay

A person’s heritage encompasses the full scope of inherited traditions, religion, and culture. It can influence the activities and behaviors that individuals draw from. Heritage is something that can give a sense of who, what, where and how a person fits into a society and develops over time. Heritage can be a sense of identity that is valued by a single person or include a wider group of individuals. Many times a heritage is something that is passed down through the generations. Health traditions can be a very important part of a cultural heritage. This paper will be discussing the usefulness of applying a heritage assessment in evaluating the needs of the whole person. Second, this paper will review information collected through interviews from three families each from a different culture. This section will address the differences in health traditions between the different cultures, including health maintenance, health protection, and health restoration. The three cultures being discussed include Chinese, Hispanic and American. The American heritage is that of the authors and will focus on the author’s religion of Mormonism. Common health traditions will be identified and how families subscribe to these traditions and practices will be discussed. The goal of this paper is to provide a greater understanding of the heritage assessment tool, how health traditions may vary in other cultures and how families subscribe to traditions and practices. People have a different cultural heritage that effects their beliefs and traditions. It is important to respect each individual’s different heritage. Rachael Spector created the Heritage Assessment Tool, a questionnaire used to assess an individual’s heritage. When describing this tool it states, â€Å"This set of questions can be used to investigate a given patient’s or your own ethnic, cultural, and religious heritage. It can help you to perform a heritage assessment to determine how deeply a given person identifies with a particular tradition. It is most useful in setting the stage for understanding a person’s health traditions† (Cultural, 2012, sec. 3) The heritage assessment tool helps to determine one’s ethnic, religious and ultural background. When showing sensitivity to a patient’s culture it can create a good relationship with them. Understanding the culture of a patient is important for the nurse so as to provide care that fits the patient’s health traditions. Once beliefs and culture are identified a nurse can respect those cultures and give culturally appropriate care to the patient. People come from different cultures with different heritage traditions, especially when dealing with health. Nurses have to respect these cultural diversities. By using a heritage assessment a nurse can understand the needs of their patient. A person’s cultural heritage, religion, and /or beliefs, greatly influences a person’s response to medical care and their health traditions (Spector, 2009). When looking at health heritage, one needs to look at traditional health methods used to maintain, protect, and restore health. These three methods have been described as follows, â€Å"Health maintenance—the traditional beliefs and practices, such as daily health-related activities, diet, exercise, rest, and clothing, used to maintain health. Health protection—the traditional beliefs and practices about what should be done on special occasions or on an ongoing basis for health protection, such as food taboos and wearing amulets. Health restoration—the traditional beliefs and practices concerning the activities, such as the use of folk remedies and healers, that must be used to restore health† (Cultural, 2012, sec. Selected Cultural Care Terms). Three individuals from different cultures have been interviewed to discuss their views on these health methods based on their heritage and traditions. Those three cultures include Chinese, Hispanic, and American. In the Chinese culture, the people believe that herbs and tea are essential in the healing and maintaining of ones body. To help with health maintenance many people in the Chinese culture will clean using herbs. To promote health protection different tea can be drank to prevent different illnesses, for example ginger tea can help prevent the flu. Chinese individuals may use different tea to help fight an illness, they believe herbal tea can help restore health after a bad cold or cough (J. Chen, personal communication, February 28, 2013). When it comes to health the majority of Hispanic culture are very strong believers in their religion. Often Hispanic families come from a Catholic faith and have a strong belief in God and prayer. In the Hispanic culture, families are very close and this typically includes the extended family. Some feel that living by family helps with stress and overall happiness, which improves health. When is comes to health they think eating is important and eggs are helpful in health maintenance. They also use tea and herbs for healing purposes. Many times Hispanics include their family in health decisions (L. Bayardo, personal communication, February 28, 2013). The last family interviewed was the author’s family. The author comes from an American heritage. In America there are so many different types of cultures and heritages. The author feels that his family heritage gains most of its beliefs and traditions from religion. The author grew up a Latter Day Saint, also known as a Mormon. In the Mormon religion families put a lot of belief in God, prayer, and priesthood blessings for healing and health. Mormons also believe in the use of modern day medicine for health and healing. In order to maintain and protect health Mormons believe in healthy eating habits, healthy living habits and abstaining from drugs, alcohol and coffee. Mormons have similar health habits and traditions to many Americans with other religions. Based on the interviews conducted many cultures believe in having healthy eating habits for health maintenance. It is also shown that different cultures have different ideas of health protection and restoration. These different methods can all be beneficial and should be respected. The different families subscribe to and support their heritage by practicing the things they have been taught and sharing the information that has been passed down. In order to keep traditions alive and health habits to be observed and practiced they need to be understood and respected by the next generation. Heritage and culture help individuals to understand whom they are, where they come from, and what they believe. There are many different cultures, each having different beliefs and values. These beliefs and values contribute to different perceptions on health and illness. By assessing an individual’s cultural heritage, nurses can have effective communication and provide meaningful care to their patients. It is important for nurses to not only understand their own cultural practices, but other cultures as well. In order to offer the best care heritage and culture need to be understood and respected.

Taxation - Assignment 2 Example | Topics and Well Written Essays - 500 words

Taxation - 2 - Assignment Example Correspondence audits usually entail a single issue such as dependent exemptions. Regardless of the three types of audit, IRS tax examiners make decisions as to whether to commend changes to the reported tax or to the audited tax issues. After the tax examiner recommends a change, the taxpayer has the right to appeal or agree with their tax change. The outcome of the taxpayer appeal determines whether the auditor’s recommendations may or may not be collected or assessed. The law states that an assessment of tax must be made within three years from the date the tax return was filed. However, there are circumstances under which this rule does not apply. i) If a taxpayer omits more than 25% of their gross income from their tax returns documentation. From a government point of view, an audit seeks to verify and ascertain the details on taxpayers’ return documentation. This would ensure that every individual is accountable for their tax obligations to the government. Persons at high risks of audits include households and individuals who list their deductions, especially if the deductions in specific categories such as charity or medical expenses are more significant than average. Another group of individuals at a higher risk of audit is professionals who run businesses such as doctors, and lawyers. These professionals often run their businesses on their own and are in charge of accounting functions of the business activities. As such, they are at high risk of IRS audits. b) This would be tax avoidance. Mr. P is considering the time period variable to reduce the burden of tax. It makes good business sense to for MR. P to record the sale of the asset in the previous year where the tax rate is less by

Career Explorations Assignment Example | Topics and Well Written Essays - 500 words

Career Explorations - Assignment Example She says that the purpose of the job position is to ensure efficient management and formulation of policies that are efficient and effective in the medical field. Each field requires that the policy makes have a deep knowledge of the field to help in the avoidance of over projected policies and practices that may be unachievable. In addition, with this position, the public health practitioner can always select the best sample in a population that helps in the attainment of the desired results (The Princeton, 2014). She says that that a person willing to take the administration direction in public health can head various jobs such as working in health centers, health insurance companies, international agencies and consulting firms. At such job settings, such a person can provide both treatment and managerial activities. In addition, such a person helps in the formulation of various policies that are aimed at ensuring research on communities are conducted effectively and the correct information collected. In this case, therefore, a person can get the chance to work as an administrator in healthcare facilities, head the national health department, or be in charge of corporate information systems. Dr. Cindy also tells us that a person can also be in charge of public health policy administration. In this case, she says you can head the complexities and diminuendos in the health systems and their effects on the community under concern. She says no field in education could have many career opportunit ies like public health. She further says that the emergence of technology and increased innovations public health sector will need more policy makers. This implies that anyone who wishes to explore the field of public policy (The Princeton, 2014). The job requires someone who has interest in the field of economics and the person who has a broad mind. This is because the interpretation of research results and the formulation of the policies

Jehovah's Witnesses and refusal of blood products. Describe an Essay

Jehovah's Witnesses and refusal of blood products. Describe an encounter that demonstrated the importance of diversity to you - Essay Example Or, should they respect patients’ religious beliefs and compromise on quality of healthcare? Since there is no straightforward answer to these questions, healthcare professionals will have to tread the balance between medical ethic and cultural sensitivity. Such discretion is all the more necessary in a country like the United States, where there is such diversity of race, religion and cultural background. For example, nearly a third of the population is derived from various racial minorities, while religious expression also varies from conservative to liberal. In this regard, it is a prerequisite for healthcare professionals to take into account the cultural restrictions and religious doctrines of individual patients before deciding on a course of treatment. Just like Jehovah’s Witnesses have their own code of conduct, so too do various other denominations of Christianity followed in the country. Similarly, Muslims have their own mandates to follow. Hence, understanding and accommodating diversity is important for those in the healthcare

Analyse the key developments in social accounting and discuss the Essay

Analyse the key developments in social accounting and discuss the extent to which you agree with the academic criticism of these developments - Essay Example Typically, social accounting stresses the idea of corporate accountability and has been defined in this context as an approach to reporting of the activities of a firm that stresses on identifying socially appropriate behavior, acknowledging the people to whom the company is answerable for its performance socially and development of suitable measures as well as reporting methods. It is a significant step towards assisting companies to develop autonomously CSR initiatives that have demonstrated to have more effectiveness compared to those that have been mandated by the government (Crane and Matten, 2007, p. 170). In most cases, social accounting is a collective term that is employed in describing a wide field of practice and research so the usage of narrower terms in the expression of particular interests is therefore not uncommon. For instance, environmental account may particularly denote the research or practices of accounting for the effects of an organization on the natural environment. On the other hand, sustainability accounting is employed in the expression of quantitative analysis and measuring of economic and social sustainability (Thomas and Lamm, 2015, p. 191). J R Hicks originally introduced the phrase social accounting into the field of economics in 1942 and he defined it as nothing else apart from accounting for the entire community or nation in the same manner that private accounting refers to accounting for one organization. According to Hicks, social accounting can also be referred to as national income accounting and is a means of presenting the inter-connections between various sectors of the economy in a statistical manner for a comprehensive understanding of the economic environment of the environment. It is an approach that can be used to study the structure of economic bodies and can be used as a means of presenting information concerning nature of the economy with the

PERT and CPM Essay Example | Topics and Well Written Essays - 1250 words

PERT and CPM - Essay Example If negative, it indicates the amount of time that must be saved so that the project finish date is not delayed. By default and by definition, a task with 0 slack is considered a critical task. If a critical task is delayed, the project finish date is also delayed." However, there is little distinction between the two; this difference comes from their way of treating the activity time. In PERT, activity time is considered as a random variable, contrary to CPM where each activity requires a single deterministic time value. Furthermore, PERT focuses exclusively on the time variable whereas CPM includes the analysis of the time/cost trade-off. The task starts from A which requires 7 weeks for completion. Following A, there are two tasks, B and D, which can be carried out simultaneously and they, respectively, require 3 weeks and 8 weeks for completion. Task C immediately follows task B which at least requires 10 weeks (Sum of weeks required by task A and task B) to begin and will take 1 week to finish. Task C is followed by task E which needs both task C and task D to be completed before its start. Since, task C requires 11 weeks and task D requires 15 weeks to finish, therefore, it is logically understood that task E cannot be started before elapse of 15 weeks time-period. Keeping the above explanation in focus, the earliest start time for each task can be summarized as shown in below table: Code of task Earliest Start time A 0 B 7 C 10 D 7 E 15 F 15 G 15 H 16 I 19 J 21 It can be concluded from above analysis that the project will require minimum 22 weeks to complete; in other words, the longest path from start stage till finish stage is minimum duration of the project. This path, called critical path, has been already highlighted with the thickest and darkest line in above figure. If any task that lies in critical path is delayed, then ultimately the project gets delayed. However, the tasks outside the critical path can be deferred by certain amount of time. For example, task E is not part of critical path, therefore, if it is delayed by 4 weeks, even then so task J will be started as per its earliest start time, as calculated in above table, because task J can only be started once task I, which lies in critical path and requires 21 weeks to finish, is completed. CPM Representation: The above so-far discussion can be summarized in terms of CPM as follows: Critical Path Method (CPM): = A, D, F, H, I, J = 7, 8, 1, 3, 2, 1 = 22 weeks Through CPM, the critical path time can be reduced by carrying out task differently. For example, the time for sanitary and electrical installation (Task D) is 8

Imperialism (ANALYSIS PAPERS) Essay Example | Topics and Well Written Essays - 500 words

Imperialism (ANALYSIS PAPERS) - Essay Example ects to the political, social and moral standard of the community assuming that the current group of immigrants is of inferior quality to the past (Fetter). Prescott Hall has aptly stated these apprehension as his observation dictates that the immigrants are among the lowest class in their native country and the addition of such to the American community would degrade the quality of its people (1906). Particularly, they stand as rival to the resources that should be abundantly enjoyed by the Americans including labor opportunities and hefty wages. In simple economic concept, the addition of immigrants to the labor force, adds to the current supply of labor which dampens its price. Other social perils such as crime, juvenile delinquency and even illiteracy are also among the ones mentioned by Hall, concluding that the immigrants post higher number in these figures. Owing to America’s philatrophic inclination, the absence of restriction could have been an act of extending help to the non-Americans, providing them opportunities for a better quality of life, however one observation says that even this process is a vain endeavor in altering the condition of the poor from other countries (Fetter). Those who are against the immigration restriction are those who believe that the immigrants are not perils, rather contributors to the American society, mentioning the likes of Andrew Carnegie, Samuel Gompers and James J. Hill to include the list of desirable immigrants (Warne). Warne believes that immigration has brought the country the industrious, the God-fearing and the courageous men from around the world (1916). Mr. James Bryce has also excellently concluded that the assimilation of Americans with other races actually enlivens intellectual fertility and boosts the creative power of the country to a higher level of production (1891). The debaters continued on to dispel the figures proving higher crime rate, juvenile deliquency and illiteracy of the immigrants are not

Secularization in Britain-Sociology Dissertation Essay

Secularization in Britain-Sociology Dissertation - Essay Example How are these factors represented in the United Kingdom? In general, secularization is still the word of the day, yet while in the past trends directed almost exclusively towards secularization, now there are mixed trends leading both towards and away from secularization. Secondary data analysis is the reuse of quantitative data, the analysis of data collected by others. The following secondary data analysis is essential to guiding our research. First: It is important for us to understand the theoretical approaches of those who have gone before us. As the secularization theory (McGee) we review below indicates, things that might seem to be a sign of one thing (desecularization) can actually be a sign of another (secularization) if interpreted under a different framework. Understanding what data means, not just prior data, is essential. Second: It's impossible to identify trends without introducing longitudinal data. Thus, surveyed below are studies primarily from the 2000s, but with data and trend analysis going back much earlier than that. Third: To hedge against bias and presuppositions, it is vital to see what others think. The data below is drawn from a number of sources, including multiple major analyses of the UK's religiosity: An analysis of churchgoing; an analysis of the UK as compared to other countries; and longitudinal trends. The variety of sources is essential to get many different handles on the idea of secularization. As our data indicate, the exact definition and amount of religiosity is not something that can be ascertained from one vector. Someone can identify themselves as an atheist yet admit to prayer; someone can view themselves as not especially religious yet be uneasy with the idea of teaching evolution in the schools. We thus chose to look for many different factors to truly understand the face of secularization in the UK. Variables chosen include self-identification as religious or atheistic/agnostic, which is vital for understanding secularization since a secular society should presumably have more secular people; the degree of belief in prayer; the degree of value that people place on religion, such as people's beliefs that religion makes one a better person or causes wars and conflict; belief in evolution, an important specific choice because it acts as a prima facia plausibility test to see if the other variables might be exaggerating the secularization and overestimating its practical and social impact; etc. We did not focus on specific sectarianism as it generally is not important for the way that secularization is proceeding. The limitations of the data analysis below are obvious. The longitudinal data is good but doesn't take into account a broad enough set of variables or ways that people behave. Anomalies emerge, like a general trend towards secularization alongside increased scepticism about evolution. Secondary Data Analysis Unquestionably, the historical trend in the UK has been towards secularizati on. Brierly (1989) found that from 1900 to 1985 the trend was overwhelmingly towards more secularization, and predicted this trend would continue. The British Social Attitudes (2010) studies confirm this fact. The number of people from

Social Policy Essay Example for Free

Social Policy Essay This essay will use the McPhail family case study. The essay will look at the Functionalism and Feminism theory in relation to the case study family and show the effects of two sociological perspectives and there importance in assisting the social care worker to understand the family. The essay will also look at social policy on how it is developed and he issues of private and public issues. This will include how four sectors of social care will aid the case study family and how these organisations are funded. In today’s society, there are many different family structures and these structures are interpreted differently depending on the individual. There are five main ‘types’ of family structures and these can change throughout the life span of the family. In the case of the McPhail family, their family structure can be ‘labelled’ differently depending on when the family is viewed. The McPhail family consists of a grandparent John (68), parents John (42) and Betty (42) and their children Billy (25), Michael (23), Sandy (20), Lisa (15) and Charlene (12). This according to the family structure types this family would fall under the heading of ‘Extended’ family due to grandparent John being cared for by the family. But this can change or take on multiple family types. For example, Parent John’s work pattern, who works away from home with his two eldest sons. So using structure types John would become a ‘Lone Parent’ of his sons that are with him and this could also be applied to Betty with the remaining children in her care. There is also when grandparent John goes into respite, the family structure becomes a ‘Nuclear’ family. This shows that in today’s society there is no longer a normal family structure and with changes within the family is no longer stable. Their roles in their society are deemed different from normal society. As the John (42) and his two eldest sons are the workers of the family, they are known as the providers, like a lot of families the males of the family will go out to work. This leaves Betty (42) as the carer of the family that brings up the children and nurturing their traditional norms and values on the children. But there is a difference which in todays society is deemed different and that is that Betty although labelled the Homemaker has no say on the financial decisions of the family, which is the responsibility of John (42). In society today this is not so common within families, as typically both parents have the financial obligations to the family unit. And within the travelling community money is not spoken about to others and  with the women of the family. The use of sociological perspectives can also explain the workings of this family within society. In the case of the McPhail family there are two of the sociological theories that fit this family. The first being Functionalism Theory, which this theory sees society as a system with a set of interconnected parts that together work to provide for the family needs. According to Functionalists, the family is an important positive role in developing the next generation. The McPhail family parents nurture the children by entrusting their norms and values, which according to Functionalists is how the family should work but only if the gypsy society was the dominant society. As they are not and our society is seen as the ‘correct’ society then this family is now deemed as ‘Dysfunctional’ which the gypsies/ travellers community are seen as different and do not follow the norms, values and roles of our society but for this family their norms and values have been passed down through generation to generation and are seen as ‘normal’ within the gypsie society. The McPhails have strict cultural values that of the gypsy community are very strong and not always seen as acceptable in todays society. This sociological perspective shows how their behaviour, experiences and life chances are affected. The travelling community are strict on family unit and moving around the country has an effect on the life chances, through disrupted education, socialisation out with the family unit and behaviours expected by the non-travelling community. For example the males of the family are taught trades by their fathers and male relatives, and sent out to gain employment to provide for their family but without the academic certification this proves to hinder their life chances. The other of the sociological perspectives is Feminist Theory. For example the females of a traditional gypsy family are educated to be homemakers and thus academic education is not an essential requirement and usually females leave school at fifteen/sixteen, marry young. This highlights that the women of the travelling communities have less standing than men in their community as they are seen as only homemakers. This does not allow women to travel and experience other cultures and life situations such as living alone or sharing with non family. Lack of education also causes limitations on working careers though this is not deemed acceptable but maybe essential for the family to survive. This also has a substantial affect on the behaviour  of the women in the travelling communities by asserting dominance of other women within their community. This has an effect on their behaviour, experiences and life chances for both the males and females of the travelling community. Their behaviour is different dependent on their gender, for example the males are more dominant over the females and the females are to follow strict rules on how to ‘behave’ with and to men and what are expected of them as wives and homemakers. Although this theory allows the social care worker to understand how the McPhail family operates. It also emphasises gender based differences that woman is the nurturer and the man is the provider/breadwinner. This creates generations of sexual inequality. And maintains male power throughout adult society, As a social care worker, both these perspectives can provide useful insight as to how the McPhail family operates but also provides background information for assisting them to settle into a society that in many ways is different to the society they have been brought up in. For a social care worker having a clear understanding of the functional/dysfunctional theory can allow them to sensitive to the needs of the family. For example, the education of the younger children. Putting them into the correct school that has the provisions to assist with the lack of education that these children have had due to the continual movement of the family. Placing them into a school that has educational support unit to assist them in catching up with the mainstream classes. These units will also assist with the behavioural issues that the children have when interacting with teachers and other children within the school. This also has an effect on where the family is housed, as they will need to be close enough for this type of school. Social policies are a set of rules, laws or legislation that governs social issues within society and are also set out to resolve these issues. Social policy has a major impact on the everyday lives of individuals by controlling certain behaviours and situations. Social policy is usually born from a private issue that is common to many individuals within society and when noticed by the government through politicians or people with power they then become a public issue which when it becomes public can be easier to solve and policies are put into place to resolve the issues. There are many different factors or influences that can lead to the development of a social  policy, and they can also be shaped by the influence of European, National and local government. For example, economics of the nation has a major influence on social policy. This has for Scotland provided free prescriptions. This came about when in the 1950’s the British government introduced prescription charges which created millions of pounds that the government used to fund statutory agencies but when the Scotland re-formed its government, the prescription charges where reduced and finally abolished in 2010, thus enabling families on a low income to receive medication otherwise unavailable to them due to the prescription charges. Another example of influences that form social policies is demographics. Looking at the national census, it shows that the growing population and the fact the people are living longer due to the advances in medical science and positive live changes of individuals. But looking mainly at the elderly population, in previous years, the elderly died younger due to lack of income to support them with medication and care but with changes in legislation influence by national and European government has provided free care and benefits. This was done by establishing the Community Care and Health (Scotland) Act 2002, which provides free nursing and personal care with benefits to the elderly population. There is also the influence of the media. As society has progressed with technology so has the availability of information through media coverage. Individuals are finding out more on what the issues of the individuals are and how they can affect them. The media uses many different means of influencing the country but the main channels are television, internet, radio and newspapers. By broadcasting issues of concern, this raises public interest and can insight policies to be made to combat these issues. For example the Patients Rights (Scotland) Act 2011, this came about after a news report on the waiting times of local hospitals where publish. This information became public knowledge on a wider scale and got the people that have an influential say demanding for action to be taken. Which for this issue, it has had a beneficial effect but there are issues that may not such as, if a sex offenders details are available to the public. This has a domino effect as these issues change public opinion on matters of care and families, which is another influence on how social policies are created. Public opinions are brought to the attention of the government by pressure groups or lobby groups. For example MIND is a charitable organisation  that campaigns the government to makes changes to legislation that creates awareness and better rights for individuals with mental health issues. This can be seen through their campaign of the Benefits and Welfare Reform. MIND are campaigning to protect individuals on benefits with mental health issues and their campaign is to provide better assessment tools, changes to Disability Living Allowance and the cut backs, creating more user friendly language when applying for benefits and changing the contents of the new Work Programmes that are being set out by the government. Social policy and the influences that create our policies have an effect on all everyday families and in the case of the McPhail family, their private issue of discrimination of their family by the people living around them has came to the attention of the local authority. The Anti-Social Behaviour etc (Scotland) Act 2003, this act protects the McPhail family through their beliefs and way of life. This acts aim is to protect the family and allows the local authority and local police to intervene on their behalf to stop the issues that are causing them alarm or distress. This can cause social exclusion. Most individuals have a social support network, but for the McPhail family this does not seem to be the case. There are organisations that provide services to assist the McPhail family with the daily living in a community that is unfamiliar to them. These organisations are provided by four main sectors. Firstly there is the statutory sector, which in the case of the McPhail family provides assistance with housing for the family and home care for both Betty (42) and Jacob (68). This sector is funded by the government and provided by the local authority. There is the voluntary sector such as Cornerstone which can provide support to Jacob (68) and the family coming to terms with his terminal illness. This organisation is funded by private donation, fundraising events and can also be funded through government grants. There is also the private sector with agencies such The Richmond Fellowship that provides services such as care (personal care or waking night care) and support (days out and shopping trips) but this service comes at a cost to the individuals as this service is paid for by the client. Finally there is the unpaid or informal carer, which in the case of the McPhail family is Betty (42) who looks after Jacob (68) and provides all his care needs when there is no assistance from the local authority or any other care organisation. This is generally unpaid and  considered within their family as Bettys duty.

Whistle Blowing Theory And Whistleblowers Protection

Whistle Blowing Theory And Whistleblowers Protection The aim of this paper is to present the theory of whistleblowers protection, analyze the mechanisms for protection that surrounds it and draw out recommended whistle-blowing protection for Republic of Macedonia. It will start with presenting background theory for whistleblowers protection and define the main concepts of this theory such as who are the whistleblowers, what it means and when does it occur, and what are the most commonly used mechanisms for protection of whistleblowers usually included in policies. The paper will furthermore, analyze the basic mechanisms of protection such as anonymity, immunity from legal action, and protection against reprisal which are often referred to as basic whistle-blowing protection, and further mechanisms such as relocation or transfer, reinstatement and back pay. These mechanisms will then be compared to the legislation in Macedonia. The final part of this paper will conclude with recommendations drawn out from these analyses for a whistleblowers policy protection that might be adopted by the Government in Macedonia. WHISTLEBLOWING Whistle-blowing is a term that has been used a lot in the media to present different cases of wrongdoing and stress the importance of these cases for the public welfare. In this part of the paper we will look at the concept behind whistle-blowing and what this means through several different definitions that have been used in this theory or definitions that support the understanding of the author of this paper. Furthermore, we will define the term whistle-blower and whistleblowers protection and several cases of whistleblowers will be presented in order to present the importance of this protection. The term whistle-blowing comes from different origins. The general understanding that underlines the origin of this term usually derives from the action of whistling as an act of signaling. In these terms, Miceli and Near make a parallel of the act of blowing the whistle in a corporation or government, and the whistling of a football referee. By comparing whistle-blowing with an official on a playing field, such as a football referee, who can blow the whistle to stop action, they refer to the whistleblower as someone who whistles to stop wrongdoings (Miceli and Near 1992, 15). Similarly Deiseroth, ties the term whistleblower to the Englishbobbies(policemen), who would blow their whistles when they would notice the commission of a crime (International Network of Engineers and Scientists for Global Responsibility 2009). All of these imply that whistle-blowing as an act is related to signaling wrongdoings. Before going into explanation of who are the whistleblowers and what is the impac t of reporting wrong doings, we will look at the theory that defines the concept of whistleblowers and whistle-blowing as an act. According to Larmer, whistle-blowing is the act of complaining, either within the corporation or publicly, about a corporations unethical practices (Larmer 1992, 126). De Maria in his book Deadly disclosures: whistle-blowing and the ethical meltdown of Australia defines whistle-blowing as a public exposure of wrongdoing (De Maria 1999, 32) and as an ethical resistance against the usually protected existence of wrongdoing (De Maria 1999, 34). Whistle-blowing is also defined as the disclosure by organizations members (former or current) of illegal, immoral, or illegitimate practices under the control of their employers, to persons or organizations that may be able to effect action (Near and Miceli 1985, 4). In addition to these definitions Jubb looks at whistle-blowing in a broader range and defines it as dissent, in response to an ethical dilemma, in the form of a public accusation against an organization (Jubb 1999, 79) and in the more narrow terms defines it as: a deliberate non-obligatory act of disclosure, which gets onto public record and is made by a person who has or had privileged access to data or information of an organisation, about non-trivial illegality or other wrongdoing whether actual, suspected or anticipated which implicates and is under the control of that organisation, to an external entity having potential to rectify the wrongdoing (Jubb 1999, 79). As it can be understood from the provided definitions of whistle-blowing, we can conclude that the concept of whistle-blowing is mainly defined as a concept that involves reporting of ethical wrongdoings which affect the public in the society. Now that we have underlined the origins and the act of whistle-blowing, we turn to identifying who is the whistle-blower and why there is a need for a whistleblowers protection. De Maria defines whistleblowers as: a concerned citizen, totally or predominantly motivated by notions of public interest, who initiates of his or her own free will, an open disclosure about significant wrongdoing directly perceived in a particular occupational role, to a person or agency capable of investigating the complaint and facilitating the correction of wrong doing (De Maria 1995, 447). At the same time, Miceli and Near define the whistleblowers as present or past member of an organization against which the complaint is lodged (Miceli and Near 1992, 16). The definitions given above imply and confirm the idea given in Jubbs more narrow definition of whistle-blowing about possessing inside knowledge about an organization regarding different wrongdoings of the organization or skeletons in their closets. They also stress the importance of whistleblowers in the act of revealing wrong doings in the public sector or the organizations. Additionally, the provided definitions of wrong doings also stress the importance that these acts often refer to information in possession of the whistleblowers gained in the period of employment with the public sector or given organization, which deals with illegal or un-ethical acts. Unfortunately when information is leaked very often the question within the organizations according to Frome is not Is it right or wrong? but Who leaked it? (Frome 1978, 53). In many cases such as these, when this information is exposed to the public, the whistleblowers are fired, repressed or in some extreme cases even assassinated. Such is the case of Marlene Garcia Esperat who was killed for her exposà © on graft and corrupt practices (Espejo 2006) in the Philippines Department of Agriculture in 2005. Similar is the case of Satyendra Dubey who brought up the corruption in the highway construction in India and was assassinated in 2003 year after he complained to Mr Vajpayee and the road network authorities (BBC News 2003), and the case of Manjunath Shanmugam, who brought up to attention the corruption in the gas industry in India and was murdered for exposing an adulteration racket in Lakhimpur in 2005 (News, Daily News Updates 2009). Even thought the cases presented above represent extreme situations, they stress the importance of having policies that will offer whistleblowers protection. The protection in these terms is provided through the several mechanisms brought up at the beginning of the paper, namely the anonymity, immunity from legal actions, protection against reprisal as well as relocation, reinstatement and back pay. Basic protection Anonymity Whistleblowers are in some cases reluctant to blow the whistle. This can be a result of many factors, some of which include the fear of their safety, the seriousness of the information that they are in possession of, and some factors may include the fear of unfair retaliation. In these cases whistleblowers may choose to stay anonymous. However even thought some of these factors can be into play anonymity not always can be guaranteed, especially in cases as defined by Elliston when the anonymity impedes the pursuit of truth (Eliston 1983, 174). One way of establishing anonymity is by introduction hot lines in the organization, but has to be taken into account that this may come as a conflict in smaller organizations. Immunity from legal action This shield refers to the immunity from legal actions for the whistleblowers. In the most simplified meaning this reflects to situations when the whistleblower may be given immunity from criminal prosecution in exchange for their testimony. The Justice Department of Australia in a discussion paper on Public interest disclosures states that person that discloses information about wrong doing will not be liable for any action, claim or any other demand of whatsoever nature including for breach of statute, criminal offence, defamation, breach of confidence, misconduct or other disciplinary offence (Tasmanian Department of Justice 2000). However, it needs to be noted as well that immunity from legal actions is also not always guaranteed. For example, a person can not be given immunity if the wrongdoings that are reported have been carried by from the person that is reporting them. Protection against reprisal Protection against reprisal is seen as critical by Near and Dworkin because it signals organizational support for the reporting of wrongdoing (Near and Dworkin 1998, 1560). These authors point out that an organization that does not treat its employees fairly under other circumstances would seem more likely to retaliate against whistleblowers than would an organization that is seen as fair (Miceli and Near 1992, 217). Considering the above, whistle-blowing protection policies usually define certain actions that are taken against individuals that are attempting or conspiring to cause harm to the whistleblower. Further protection Relocation or transfer Relocation, which sometimes is tied to anonymity, is an additional mechanism of the whistleblower protection that provides relocations or transfers to another department upon a request of the person that blows the whistle. In cases when the identity of the whistleblower is keep anonymous this protection is not necessary, whereas in cases of knows identity additional protection is provided by relocating the whistleblower. In other cases, the whistleblower if he has concern about his safety, he can again request for relocation or transfer. It needs to be taken into account that considering this protection will most probably vary on a case to case basis. The South Australian Whistleblower Protection Act 1993 states that if whistleblowers feel that a reprisal might arise from their actions of reporting wrongdoings, they can request for relocation on the basis that the only practical way to remove or substantially remove the danger (South Australian Whistleblower Protection Act 1993). Remedies Reinstatement The reinstatement with the whistleblowers protection usually falls under the categories of remedies. Within this category reinstatement should be provided in order for the whistleblowers to continue his career. Kohn states that one of the goals of reinstatement is to restore the employee as nearly as possible to the position he or she would have been in if the discrimination has not occurred (Kohn 2001, 331). Furthermore, he states that reinstatement after a person has blown the whistle is sometimes nearly impossible especially when it comes to finding comparable work in the same industry (Kohn 2001, 330). In has to be taken into account that for most of the whistleblowers the issue of having a job comes first and foremost from the fundamentals of the benefits that one gain in terms of income. Therefore, the protection to the whistleblowers by providing reinstatement can be seen as having crucial importance to the whistleblowers themselves. Lewis in his article on whistle-blowing at work also points out to the importance of having reinstatement provided by saying the where workers have lost their jobs they should also have the option of choosing reinstatement or re-engagement (Lewis 2001, 193). Back pay According to Kohn, back pay serves to vindicate the public policy behind a wrongful discharge statute, at acts as a deterrence to future unfair labor practices, and it serves to restore the injured employee to the same status quo as would have existed but for the wrongful act' (Kohn 2001, 332). These serves to provide the whistleblower with further protection on the basis of compensation; however the limitation of the back pay is that it is difficult to approximate the amount that the person would have earner have he or she stayed in the organization. Kohn states that back pay awards are continues and are concluded once the employer makes unconditional offer of reinstatement (Kohn 2001, 333). After we have looked at the whistle-blowing concept and the protection that is proved to whistleblowers, we need to take a look at the legislation in Macedonia to see what kind of protection is offered, if any. Furthermore, we will continue with recommendations for whistle-blowing protection that the Government of Macedonia might consider to implement in future whistleblower policies. Article 38 from the Law on free access to information of public character in Macedonia states that: Any responsibility shall be removed from an employee within the state administration that shall disclose protected information, in case such information be of significance for the disclosure of abuse of power and corruptive behavior, as well as for the prevention of serious threats to human health and life and the environment (Law on free access to information of public character 2006). In addition to this article, Article 20 from the Law on prevention of corruption in Macedonia provides that: A person who has disclosed information indicating an act of corruption may not be subject to criminal prosecution or to any other liability; protection according to the law shall be provided to a person who has given statement or has testified in a procedure for an act of corruption. This person shall have the right to compensation of damages, which he/she or a member of his/her family has suffered, due to the statement made or testimony given (Law on prevention of corruption 2002). These two articles from the legislation in Macedonia provide some legal protection to whistleblowers, however they do not protect the whistleblower fully. Article 38 from the Law on free access to information of public character in Macedonia states that person that would disclose information about wrong doings will be removed from responsibility, however the article does not define this responsibility and whether it refers immunity of legal prosecution. In addition, Article 20 from the Law on prevention of corruption limits the disclosed information only to acts of corruption, and similarly to the previous article again it does not define the protection of the whistleblower in a way that no further information is given about the form of the compensation of damages. The following section of this paper provides the recommendation for an ideal whistleblowers protection and gives a recommendation on which of the measures or as we called them shields should be taken into consideration and drafted in a law by the Government of Macedonia. RECOMMENDATIONS In terms of anonymity, the author of this paper feels that it needs be taken into account that people sometimes choose not to blow the whistle when they consider this action to be vain. In addition to this, Miceli and Near point out that people sometimes dont want to take the time to make a report (Miceli and Near 1992, 42). They furthermore stress that even thought guaranteed anonymity may reduce this bias to some extend, it does not address the other problems (Miceli and Near 1992, 42). Having said this, the author of this paper believes that further devolvement in policies that would address biased situation should be well and explicitly developed in the whistleblowers protection. Recommendations on immunity refer closely to the discussion earlier about the Law on free access to information of public character in Macedonia and the need to clearly identify the removal of responsibility when disclosing wrongdoings and whether it refers to immunity of legal prosecution. The whistleblowers protection should include actions for people that are attempting or conspiring in order to carry out reprisal over the whistleblower. These actions should include legal and disciplinary actions if a person engages in acts that would personally harm or threaten the safety of the whistleblower, would engage in acts of property damage or loss, intimidates, decreases level of employment and similar activities that might harm the white-blower. The author of this paper believes that in terms of relocation or transfer, a recommendation for an ideal policy for whistle-blowing protection aside from the relocation and transfer should consider expanding this protection in a way that would provide as well leave of absence in case when no relocation or transfer is available at the moment. This in addition to the relocation and transfer shield would provide more efficient protection when there is any chance that the person blowing the whistle might be reprised. The whistleblowers protection should clearly define reinstatement and back pays protection. In terms of reinstatement, it needs to be noted in the legislation that reinstatement must be to a comparable job (Kohn 2001, 333). The protection should clearly defined the process of back pay awards and if this process can last continuously until reinstatement of the employee has been brought up on the agenda of the employer. Further considerations might be given in defining the process of calculation in terms of time. This would imply that back pays can be calculate on quarterly basis which would imply that employees interim earnings in one particular quarter have no effect on back pay liability for another quarter' (Kohn 2001, 333), or they can be calculated on periods of six months which would reflect the current situation in Macedonia where usually no significant changes are seen in terms of promotions or raise on salary on shorted periods. In conclusion, the articles provided in the legislation of Macedonia referred to some degree to immunity from legal action and to payment of damages to the whistleblowers as a result from inflicted damages from a given testimony. Thus, a whistleblowers protection is recommended that would give clear understanding of what constitutes a person that discloses wrongdoings, the opportunity for anonymity, reinstate or transfer as well as definitions of remedies that would follow these actions. Second and most important due to the effort of the Government of Macedonia to fight with corruption having a clear and well defined whistleblowers protection drafted in law that might lead to more rapid improvements when fighting and prevention corruption. REFERENCE LIST BBC NEWS. 2003. India probes whistleblower murder. BBC NEWS, December 15, http://news.bbc.co.uk/2/hi/south_asia/3320011.stm (accessed November 29, 2009). Deiseroth, Dieter. 2009. What is whistle blowing? International Network of Engineers and Scientists for Global Responsibility. http://www.inesglobal.com/index.php?whistle-blowinghighlight=Dieter%20Deiseroth (accessed November 29, 2009). De Maria, William. Deadly Disclosures: Whistleblowing and the Ethical Meltdown of Australia. Kent Town, S. Aust: Wakefield Press, 1999. De Maria, William.1995. Quarantining dissent: the Queensland public sector ethics movement. Australian Journal of Public Administration 54(4): 442 455. Elliston, Frederick A. 1982. Anonymity and Whistleblowing. Journal of Business Ethics 1(3):167-177. Espejo, Edwin G. 2006. The Esperat murder case: Justice at last but no end yet. Sun.Star General Santos, October 09, http://www.sunstar.com.ph/static/gen/2006/10/09/feat/the.esperat.murder.case.justice.at.last.but.no.end.yet.html (accessed November 29, 2009). Frome, Michael. 1978. Blowing the Whistle. The Center Magazine 11 :50-58. Johnson, Roberta Ann. Whistleblowing: When It Works and Why. Boulder: L. Rienner Publishers, 2003. Jubb, Peter B. 1999. A Restrictive Definition and Interpretation. Journal of Business Ethics Vol. 21, no. 1 (August). http://www.jstor.org/stable/25074156 (accessed November 29, 2009). Kohn, Stephen M.Concepts and Procedures in Whistleblower Law. Westport, Conn: Quorum Books, 2001. Larmer, Robert A. 1992. Whistleblowing and Employee Loyalty. Journal of Business Ethics Vol. 11, no. 2 (February), http://www.jstor.org/stable/25072254 (accessed November 29, 2009). Lewis, David. 2001. Whistleblowing at Work: On What Principles Should Legislation Be Based? Industrial Law Journal 30, no. 2, http://ilj.oxfordjournals.org/cgi/reprint/30/2/169 (accessed November 29, 2009). Miceli, Marcia P., and Janet P. Near.Blowing the Whistle: The Organizational and Legal Implications for Companies and Employees. Issues in organization and management series. New York: Lexington Books, 1992. NDTV News India. 2009. News, Daily News Updates, November 10, http://birlaa.com/news/remembering-manjunath-killed-for-honesty/10000 (accessed November 29, 2009). Near, Janet P., and Marcia P. Miceli. Organizational Dissidence: The Case of Whistle-Blowing. Columbus, Ohio: College of Administrative Science, Ohio State University, 1985. Near, Janet P., and Terry M. Dworkin.1998. Responses to Legislative Changes: Corporate Whistleblowing Policies. Journal of Business Ethics 17, no. 14 (October), http://www.jstor.org/stable/25073989 (accessed November 29, 2009). Official Gazette of the Republic of Macedonia. 2002. Zakon za sprecuvanje na korupcijata (Law on prevention of corruption) 28/02. Official Gazette of the Republic of Macedonia. 2006. Zakon za sloboden pristap do informacii od javen karakter (Law on free access to information of public character) 13/06. South Australian Government Gazette. 1993. Whistleblower Protection Act 16.9/93. Tasmanian Department of Justice. 2000. Public Interest Disclosures. Discussion paper. http://74.125.77.132/search?q=cache:8G4kPPC9a18J:www.justice.tas.gov.au/__data/assets/word_doc/0008/55556/Discussion_Paper_Final.doc+%22Immunity+from+legal+action%22+whistlecd=3hl=enct=clnk. (accessed November 29, 2009).

The Constant Status of Beta Essay -- Business, Stock Returns, Investme

Beta being an efficient measure of riskiness of a security is an important financial instrument in investment decisions regarding estimation of market models, development of investment portfolios, estimation of cost of capital and emerging derivative markets. Since 1960s, the practical implication of CAPM has been in vague until recently challenged by some researchers Fama and French, (1992) for beta being insufficient in estimating the future returns of stocks based on historical data. The constant status of beta in estimating stock returns is questionable by the academic researchers for the high-low variation in its parameters. As systematic risk is time variant in nature, thus it is necessary to consider beta as a time series process withholding within it the stochastic behavior. Faff, Hillier and Hillier (2000) have demonstrated three modeling techniques to estimate time-varying beta namely multivariate generalized ARCH model (M-GARCH), another time varying heteroskedastic market models identified as EGARCH, TARCH and Kalman Filter approach. The dataset comprises of daily returns of 32 UK industry portfolios for the time period of January 1969 to April 1998. All the three models explain the time variability in systematic risk in the stocks. Of all the three models, Kalman Filter approach along with random-walk parameterization out-performs in efficiently explaining the stochastic behavior of betas in the daily stock returns of UK. The Kalman filter approach can be summed up as an optimal recursive computation of the least-squares algorithm. It is a subset of a Bayesian filter where the assumptions of a Gaussian distribution and that the current state is linearly dependant on the previous state are imposed. In oth... ...el errors while estimating these models using a Kalman filter algorithm has been considered and taken into account. The magnitude of reduction in the variance of market model errors that can be achieved if betas are allowed to vary is also measured. This gives a useful technique for comparing time-varying beta models with the constant beta model. This work also suggests that time-variation in beta is present in case of developing markets as in case of developed markets. The overall results have important implications for portfolio diversification and hedging strategies. Another implication of this academic research is that a dynamic hedging strategy, in which the hedge ratios are frequently adjusted in the light of the new information, will perform better compared to a static strategy where the hedge ratio is chosen at the beginning of the investment horizon.

Original Writing Story Kidnapped :: essays research papers

My stomach retched, my throat dry, had I got myself into this mess? A distant thud echoed across the cold, hard floor, ricocheting into my ear. Someone was coming. With a slow dawn I remembered. Had I slipped or had he hit me with something? My tongue stuck to the roof of my mouth as I relived the figure advancing towards me. It was dark. The street light that shone from behind the man in the faceless thickset man in the grey hoody ensured anonymity. Now he was coming. How long had I been here? My head ached as I struggled to assess my surroundings. Stamp. Stomp. Scuff. The torture was unbearable. I blocked the harrowing thoughts of my oncoming captor, and tried to construct a plan. I peered around the eerie room. Dust dulled each and every ornament, just adding to the clutter in the already paltry squalor. The lighting was poor, the only light came from the rotting window at the other side of the room. Suddenly my mind raced? A window! I prepared to make a run for it. I pulled myself off the ground and began to stand. If only I could get to the window I could make my escape. OUCH! My leg crippled with pain. I tried to shuffle my way to the window, but it was excruciating. As my senses kicked back in, I felt pains shooting up and down my body. Peering down at my hands I screamed. My hands were covered in cold, congealed blood. Too late! He had heard me. Why had I been so stupid as to scream? I had lost valuable seconds and drawn negative forces to me. ?Well, well,? droned a confident voice. His pose screamed power. His broad shoulders held high. His Doc Martens legs astride, he loomed ominously in my face. ?Who are you I cried, ?Why have you brought me here No reply. I raised my arms in anger, ?I?m talking to you.? Instantly his arm swung swiftly, like steel, it impacted on mine. Fear bulged from my eyeballs, he grasped both my hands and heaved me up. My feet dangled in the air. Don?t make me angry Lady. I don?t like people who make me angry. He dropped me like a sack to the floor. I winced, a white light of pain shot as my injured knee crushed to the concrete floor. He grabbed me by the head, my hair taut in his vice grip, he dragged me behind like a hunter drags home his prey.

Traditional Ways Or Not :: essays research papers

Traditional Ways Or Not From generation to generation plays have become a major part of our existence. For some families customs and traditions can either make or break a family. Some family traditions mean a lot. However breaking a family custom can start major uproars or even serious altercations between family members. For some families fights and altercations cam also bring them closer as a family. In the play " A Doll House " written by Henrik Isben, conflicts and customs play important roles for the survival of the Helmer family. For Nora Helmer growing up in the shadow of her husband Torvald and her father was Nora 's way of life. In the play " A Doll House " Nora is faced with a past mistake which leaves her in disbelief. Throughout the play Nora tries to hide the secret from her husband , but runs into a problem. Nils Krogstad who was fired from the bank by Torvald is going to blackmail Nora if she does not help him get his job at the bank back. " When your husband was ill, you came to me to borrow two hundred and fifty pounds." ( Isben, 22). Nora must tell her husband Torvald that she has taken money without his consent, which in those days was against the law. Nora is faced with a very serious matter which can end her marriage if Torvald finds out about the loan. At the end of the play Torvald finds out about the loan which ends the marriage and breaks up the family for good. This shows how important family customs and traditions mean to the Helmer family. To some people having a family means everything in the world. Nora on the other hand leaving her husband and children behind was easy to do. At the end of the play Nora Helmer leaves her family do to the fact that she does not love her Husband Torvald anymore. " No, I have never been happy. I thought I was, but it has never really been so. I must try to educate myself- you are not the man to help me in that. I must do that for myself. And that is why I am going to leave you now." ( Isben, 66). Nora feels that she has been treated unfairly and needs to move on. Torvald forgives Nora, but it is not enough to keep her around any longer.

Case of Thabo Meli V R

THABO MELI v R Fact of the case : The defendants had taken their intended victim to a hut and plied him with drink so that he became intoxicated. They then hit the victim around the head, intending to kill him. In fact the defendants only succeeded in knocking him unconscious, but believing the victim to be dead, they threw his body over a cliff. The victim survived but died of exposure some time later. The defendants were convicted of murder, and appealed to the Privy Council on the ground that there had been no coincidence between mens rea and actus reus in order to put them liable for murder.Principle of the case : Approach use is the series of acts. This approach involves treating a series of distinct act as continuent parts of a larger transaction. Liability may be attached where at some point in the series of acts, the accused has the necessary mens rea even if the mens rea does not coincide precisely in time with act causing death. Argument by the appellant: The appellant cont ended that the two acts done were separate acts.The first act was done accompanied by mens rea which did not caused the death but the second act that caused death. They argued that the second act was not accompanied by mens rea, therefore, they were not guilty of murder. Defence by the respondent : it appears from the medical evidence that the injuries which deceased received in the hut were not sufficient to cause the death and that the final cause of his death was exposure where he was left at the foot of the krantz.There is no doubt that the accused set out to do all these acts in order to achieve their plan. Judgment of the case : It was impossible to divide up what was really one series of acts; the crime was not reduced from murder to a lesser crime, merely because the appellants were under some misapprehension for a time during the completion of their criminal plot; and, therefore, the appellants were guilty of murder.

For music consumers, the shift to the computer-file medium

For music consumers, the shift to the computer-file medium happened years ago. This is particularly true with demographics that have essentially come of age through the evolution of the personal computer, the internet and ecommerce.   Over the course of the early 21st century, â€Å"online buying was most popular among 25-34 year olds and least attractive to the 65+ seniors.† (Vargas, 1)   This same demographic is composed of individuals who, over more than half a decade of unrestrained music downloading access, have come to expect a number of opportunities.Specifically, there is an immediacy to this access that transcends traditional music buying methods, with the click-and-download process bypassing the need to go to a store or wait for an online-ordered item to arrive in the mail.   Songs instantly appear on the consumer’s hard-drive and may subsequently be listened to and burnt to a Compact Disc.   With literally infinite peer-to-peer communities emerging co nstantly to improve the organization, presentation and reliability of such acquisition methods, users still have countless ways to find music for free.Students   at the University of Maryland reflect this exact pattern, and have thus become part of a pattern which runs afoul of music industry needs and legal perceptions.   The proposal here will seek to resolve the impasse by researching the prospects for a partnership with legal music downloading services which will allow students to continue to download for free but under more lawful terms.2. Introduction and BackgroundThe University of Maryland, like all major universities and campuses across America, is faced with an interested and difficult challenge with regard to the issue of illegal music downloading.   It is a well-recognized fact that many students use the high-speed internet provided by the campus itself in order to use peer-to-peer trading programs that allow for the free downloading of pirating music, movies and o ther unauthorized digital items which are characterized as intellectual property.The opportunity for students to engage in this activity represents a distinct conflict of interest for the university, which does not permit the use of its channels for the piracy of music, but which also supports the entitlement of individuals to use the computer technology at their disposal with relative freedom within the limitations of the law.   This proposal will call for a research investigation which effectively determines the best way for the university to improve the legal adherence of its students while simultaneously preserving the student body’s ability to use downloading services according to their desires.The background history of this problem concerns the expansion of technological opportunities and a relative inability of music companies and campuses alike to remain abreast of resulting expectations amongst average music consumers such as those spotting college campuses.  Eve n prior to the complicating arrival of internet technologies, the issue of preserving intellectual property has long been a morass of legal and philosophical entanglements for both the originators and the consumers of said property.On the college campus and in the music industry, this issue takes particular precedence as we struggle today to find balanced ways to compensate artists, entertainers and the portals through which they are delivered to us while simultaneously serving our appetites as consumers who are not being treated well by music gatekeepers.   Bootlegging, a term used throughout history to describe all manner of counterfeiting and marketing of ill-gotten or illegal contraband, today almost automatically conjures up thoughts of the internet.This new frontier for the exchange of intellectual properties has evolved into an abyss of piracy forums and file-sharing operations, as online discussion forums, weblogs and business reports on the subject, culled from the intern et, will reveal in the resulting research project.   As we seek to devise an appropriate mode for study, we can note that there is a very clear sociological divide on how parties involved perceive the implications of this music downloading frontier.For music retailers, who to this juncture have offered hard-copy packages of music at ever-growing industry controlled rates and in the medium defined by current industry standards, the sudden transition to a setting where this content could be acquired for free and at a bypass of conventional media and gate-keeping channels was a shocking one for which most were wholly unprepared.   On the opposite end of the spectrum, the independent ability for users to develop digital exchange technology and to compile digitally stored data such as that available on purchased compact discs represented a new and desirable means of obtaining music.In part a direct product of the evolution of information technologies and in part a natural response to a music industry where output was increasingly over-priced and diminishing in artistic quality, consumers have begun not only to expect but to actively claim a new means to acquiring music.   The new digital medium, which compresses songs into computer files called MP3s, has become the commonly accepted medium for music possession amongst consumers.   In contrast, the industry is struggling only now to catch up.   The proposal here will seek to devise a university approach that inherently acknowledges this gap, and attempts to play a mediating role in bringing only presently emerging paid file-sharing programs into contact with student populations.Key terms which will be considered in the proposal are those of ‘file-sharing,’ ‘intellectual property,’ and ‘online piracy.’3. Proposed Program or Plan of WorkIn the current online file-sharing context, everyday university students have essentially become bootleggers, according to legal resear ch and assertion by both the music industry and the United States Congress.   These are sources which appear to favor the music industry institutions, but in actuality, take a narrow perspective that is damaging to compromise for all parties.   The program proposed here will be informed by a desire to overcome this hindrance to cooperation through a carefully constructed mediation whereby the university determines the best possible way to initiate an ability for students to continue to download music for free without sacrificing a relationship to industry and law.Namely, this process of information gathering and research examination will require a consultation with the music industry in particular.  Ã‚   The music trade, represented by the Recording Industry Association of America (RIAA) has insisted that downloading communities are costing the industry millions of dollars in declining sales.   Since the inception of the Napster online music swapping forum in popular culture , there is a broad awareness and exploitation of new and limitless internet resources for the acquisition of free music, with millions of American students logging on everyday to take part in the newly proliferated field of bootlegging.If one is to take the music industry as a case study of the changing nature of commerce with the integration of internet technology, there may be evidence to suggest that the retail approaches traditionally taken by many industries may be subject to extinction.   This is a fact that informs the focus of the study on the best way to court involvement of many music industry players to participate in campus programs designed to streamline downloading opportunities for students.Data gathering will be conducted through a close consultation with such pay sites as Rhapsody and iTunes, which offer users the opportunity to pay either subscription fees or monthly charges.   The University will investigate the potential for partnership with such services, ma king one or multiple downloading sites accessible to students as a part of the university enrollment package.The research process will therefore be structured around a correlation between the apparent downloading practices of students, which can be considered by way of a thorough literature review on current university piracy patterns, and the various terms upon which music industry players are willing to participate in programs which increase user access across university settings.   One expected challenge in this research process is the likelihood that gatekeeper based file downloading programs will not offer a sufficient alternative to many students who already enjoy the benefits of peer to peer trading.   This is an issue which inclines us to enter the proposal with an intent to evaluate and promote the distinct benefits of legal downloading where both options are available to individuals at no cost.4. Qualifications and ExperienceThe process of developing this experimental research process will primarily be based upon the dispatching of university personnel to effectively navigate the marketing aspects which are likely to take a center stage in the resolution of mutually beneficial programs for industry players and students.   Likewise, one who is familiar with the subject of student behaviors in this context will be dispatched to conduct the literature reviewer on habituation.5. BudgetThe cost of the process will be relatively modest, with major resources being limited to those required to conduct research on present behaviors.   It is the proposed ambition here that partnership with many of these services will be directly based upon the presence of agreed-upon sponsorship arrangements in which students are granted unfettered access to programs in exchange for the university’s promotion of service brand names.   Thus, the cost should be no greater than an estimated $10,000 required for the time and personnel used to conduct basic researc h.6. AppendicesThe task schedule will be centered on the start of a new fall semester, with the summer months employed to gain the partnerships needed to implement a trial program for incoming students.Bibliography:Borland, John.   (April 9, 2003).   Music Industry:   Piracy is choking sales.   CNET News. Online at .Garrity, Brian.   (2004).   MP3 Blog sites cause concern.   Billboard Magazine.  McClintock, Pamela.   (March 14, 2004)   Copyright Piracy Draws Anti-Terror Scrutiny.   Washington Variety.Timms, Dominic.   (July 9, 2004).   Online piracy dogs movie industry.   The Guardian.Vargas, Melody.   (2005).   Cyberspace Vs. Parking Mall Space.   About the Retail   Industry.   Online at   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   .

Money spent on weapons is largely wasted Essay

Many countries have engaged in programs of purchasing and manufacturing weapons. Countries spend a lot of money in these weapons manufacture. There have been heated debates that have risen as a result of the expenses that the countries incur. There are those who argues that the large sum of money spent in manufacturing weapons could be used in other sectors of economy that would help the citizens in a more direct way for example education and health sector. On the other hand, there are those who argue that it is good for the countries to spend the money because weapons act as security for the people. This paper discusses the issue that money spent in weapons is largely wasted. The first part of the paper discusses why money spent on weapons is largely wasted and the second part will look at reasons as to why the money for the weapons is not wasted. There are basic needs that people in a country need. There are food, quality shelter and clothing, which they cannot live without. Many countries spend so much money on weapons while their citizens are dying of poverty. Instead of spending money on changing the lifestyle of the people, most governments spend large sums of money to buy weapons. Most of the weapons that many governments spend money to buy are not even for the security of the nation but for power protection. The governments use the weapons to suppress any opposition that it might be facing within the country. The money used in money rooted from the country banks and money raised from tax (Smith, 1989). For example, what used to happen in Iraq during the reign of Saddam Hussein where it is he spent a lot of money to manufacture and purchase weapons for his own power protection. Many of the well known world dictators also spend more money on weapons than they use for the welfare of their people (Cleave, 2001). War arises as people fail to agree on various important aspects for example boundary conflicts or political differences. This means that war is a man made thing because it is the people who decide to engage in war. There are many ways that can be used to solve conflicts without engaging in war. Despite the fact that war is one of the means that can be used to solve conflicts it should always be used as the last option in any conflict resolution management and transformation. Other peace initiatives such as use of dialogue, mediation and arbitration between the conflicting sides are cheaper and healthier than war. Therefore, governments allover the world should concentrate on making people aware of importance of peace maintenance and on conflict resolutions. This would be more logic and cheap that spending billions of dollar on weapons to be used on wars (Quinlan, 2009). Peace education and awareness would not cost much because the most important thing is just to come up with programs on how this would be carried. On the other hand, weapons are so much expensive because they entail either importing them or manufacturing them, which is very costly because of the labour and the technology use in their manufacture. Therefore, it would be waste of money on the weapons for war instead of using some other ways, which are more cheap and healthier to solve conflicts. Weapons are destructive in their making and in the way that they are used. During wars, there are a lot of destructions that are done by the use of weapons both to human and to infrastructure. Many lives are lost as a result because of destructive weapons. Countries undergo also of loses as a result of war. Most countries that have ever engaged in wars have repercussions that are difficult to resolve in their economies. They spend a lot of money in the reconstructions. Therefore, there is lack of logic to spend so much money to purchase or manufacture weapons that would cause a lot of destructions that would require even more money to restructure. This is double loss to the country because once the weapons are used they cannot be reused again. The money spent on the weapons and also in reconstruction of the damages caused could be used in other development in a country (Great Britain. Parliament. House of Lords, 1990). However, on the other hand money spent on weapons is not waste. This is because many countries are faced with threats from outside and, therefore, they need to be on alert all the time and be armed. In the world we are living today, there are a lot of threats to national security, for example, terrorists. These are threat, which can attack a nation even without prior signs. Therefore, if a country is got unaware there might be bad repercussions, as the country cannot defend itself if it does not have enough arms to face the enemies. It is therefore advisable for countries to have sophisticated weapons, which are able to protect the country from enemies such as terrorist who use modern weapons. This would act as a way of restoring the pride and sovereignty of a country (Needler, 1996). Weapons manufacturing has also become an industry that many people are employed in and a sector, which is used to gauge the rate of development of a country. Many people are employed in weapon industries where they work in various sectors of the industry (McNaugher, 1989). This helps to raise the living standards of the people. A country, which invests more on this industry, offers more employment opportunities to its people. People in a country, which have sophisticated weapons, have a sense of security as they feel that they have enough protection. Therefore, the money that their countries spend on the weapons is not a waste to them but acts as a source of security and also an investment where they can get jobs. It is also worth to spend much money in weapons if that is what other countries are doing. This is because if other countries have sophisticated weapons which another country does not have this is a threat to the country because if anything happens and the countries engage in war it is to the disadvantage of the country without enough weapons. Therefore, much spending on weapons is not waste as this is a trend that many countries have taken even as technology continues to develop. This is just the same way countries are spending so much money in modern technology, for example, in buying computers and other modern technology equipments (Forest, 2006). Therefore, as the debate continues governments from various countries have their own reasons as to why they have to spend so much money on weapons. However, it is important for any government to spend money equitably in all its sectors so that it does not spend much on weapons and forgets other sectors, which are basic for the country. This would make the people not to see as if their government is wasting money on weapons. References Cleave, J. (2001) Christianity: behaviour, attitudes & lifestyles, New York, Heinemann. Forest, J. (2006) Homeland Security: Public spaces and social institutions, Vol 2, New York, Greenwood Publishing Group. Great Britain. Parliament. House of Lords. (1990) The parliamentary debates (Hansard): official report, Volume 531, H. M. S. O. McNaugher, T. (1989) New weapons, old politics: America’s military procurement muddle, New York, Brookings Institution Press. Needler, M. (1996) Identity, interest, and ideology: an introduction to politics, New York, Greenwood Publishing Group. Quinlan, M. (2009) Thinking about nuclear weapons: principles, problems, prospects Oxford University Press US. Smith, J. (1989) The world’s wasted wealth: the political economy of waste, Michigan, New Worlds Press.

Nestle Distribution Channel

Table of Contents Sr. No. | Title| Page Number| 1| Introduction| 2| 2| Distribution Channels Structure| 2| 3| Terms of Appointment and Incentives for Distribution Channels| 3| 4| Reporting, Control and evaluation system for their sales force| 5| 7| Recommendations and Conclusion| 5| 8| References & Bibliography| 6| Introduction: Success toady in the competitive world has become very difficult. This is because it does not solely depend on basic factors but on all the factors related to the organisation.Earlier it was possible for an organisation to dominate in the market but today due to lot of different methods, channels and modern tools for marketing and functioning of the organisation, the world has become very competitive. In this assignment the author is concentrating on two major players in this competition, the distribution channels and the sales force. The company in discussion here is Nestle UK and the product for narrow research is Nestle’s own most successful bra nd â€Å"Kit Kat†.Nestle homes itself in Switzerland since 1867 today is one of the world’s most successful organisation in the FMCG category. www. total-logistics. eu. com, accessed 08 August 2010) It started its UK activities around 100years before and started their own manufacturing unit. Today Nestle has 8 manufacturing plants in UK with two head offices in Croydon and Dublin. (www. nestle. co. uk, accessed 08 August 2010) Distribution Channels Structure: According to Brassington and Pettitt, a channel structure is a route selected in order to move the product to the market through different intermediaries. This is the distribution channel structure which proves vital for the smooth movement of the product and making it available to the end consumer.Distribution Channel Structure forms the fourth element of the Marketing mix for any product. The ‘Place’ element, and therefore it becomes an important factor. There are various channels of distribution ad opted by various companies according to their product requirement and strategies. Apart from the above said vital function of a distribution channel, it has various other functions like: 1. Gathering market information which includes market research that helps future market planning. 2. Searching potential buyers and communicating them. 3. Doing promotional activities. 4. Achieving buyer specific demands and requirements. 5.Deciding on offers and pricing issues. 6. Storage and transportation of goods. 7. Managing funds required for functioning of the distribution channels. (www. tutor2u. net) Nestle adopted a strategy that their products should be made available in all the parts of UK and that they should not be falling behind for the supply, basically called as the ‘whenever’, ‘wherever’, ‘however’ strategy of distribution. In order to achieve this they needed a strong distribution network which supported their strategy and was cost effective. According to marketing department of Nestle UK they had analysed the following different channels of distribution.Single Tier Distribution Network: Producer – Retailer – Consumer Two Tier Distribution Network: Producer – Distributor – Retailer – Consumer Multi-Channel Distribution Network: Producer – Distributor – Regional Distributor – Wholesaler/Retailer – Consumer (www. nestle. com, accessed 08 August 2010) Owing to the huge retail market in UK the single tier distribution was almost impossible for Nestle to adopt as the distribution for Nestle directly would have become very complicated and the product strategy could not have been achieved.So they opted for multi-channel distribution network and appointed their own major distribution points at Bardon in Leicestershire and York in North Yorkshire. Bardon handles the food and beverage industry of Nestle in UK and York handles the confectionery industry of Nestle. The product in discussion here is Kit Kat which is distributed from York distribution centre. The physical distribution is done by trucks carrying composite palettes. The transportation is appointed by Nestle and is dedicated only for Nestle. York is a huge hub of confectionery and has heavy storage capacity to cater the market needs.Kit Kat being highly popular in the market there is continuous distribution running round the clock for Nestle. The demand in the market though fluctuating is handsome and so Nestle deals with it very efficiently. This generates high profit for Nestle as compared to other products. Nestle has their own regional distribution depots which are so placed that they cover the whole of UK. Kit Kat is transported from the national distribution centre at York to the regional depots as and when the requirement is put on. These regional depots then supply pallets of Kit Kat to the whole sellers in the market.In UK Asda, Tesco, Sainsbury’s, Waitrose, Morrisons, etc. are the major wholesalers those purchase huge stock from Nestle. (www. nestle. com, accessed 08 August 2010) All this is supplied from the regional depots. These whole sellers are direct retailers as well. So Kit Kat reaches the consumers from them as well as from small off license and small retailer shops. Terms of Appointment and Incentives for Distribution Channels: The distribution channels and its elements are all a part of the distribution strategy for any product.In order for the smooth functioning of the channel there are some terms and conditions between the company and the distributor. This is an agreement between the two over the products. The following are the mainly considered point in the appointment of any distributor as per UK law. 1. The Parties: are the guarantors needed for any obligations of the distributor 2. Territory/Products: The place and its boundary that the distributor is allotted for sale. The products the distributor is allowed to sale and many tim es the clause of new products that they get added automatically or new agreement has to be done each time. 3.Nature of Appointment: The company may reserve right to sell the product directly in the same territory or if needed can appoint a new distributor in the same territory. This point can be a complete no or flexible. 4. Duration of Appointment: The length of agreement or contract between the company and the distributor, as in fixed term or short term. If the contract is short term then the notice period has to specified, if it is a fixed term then the exact duration needs to be specified. There can be a linkage of the duration to the distributors performance say above a certain level then certain duration if not then discontinue.There also can be a probation period allotted for the distributor wherein the performance can be evaluated and then agreement can be decided. 5. Obligation of or restrictions on distributor: These are generally related to the sales, promotion and advert ising of the product. The rights can be kept by the company or can be given to the distributor. This point also refers to any requirements for sales in the territory say government licenses, quality certificates, pollution certificates, food and drug licenses, etc. The agreement also clearly states the cost bearer of all these permissions and licenses e. . the company or the distributor. This also covers for any taxes or duties that need to be paid for any particular territory, etc. 6. Intellectual Property: This point in the agreement covers for any patents, trademarks, particular registered designs, technical know-how, and other product related factors held by the company. This point covers for the permission needed if any by the distributor to use product factors for selling. Also the need of any license to use certain elements that the distributor needs to take before taking the distributorship.In some cases like if the trademarks are owned by the company the distributors are ap pointed as the registered users. 7. Termination: This covers the termination period and conditions in which termination can take place from both sides the company and the distributor. The notice period before the termination, if termination is due to some underperformance then any rectification time that is allotted to improve, etc. is a part of this clause. 8. Effect of Termination: In case of termination of the agreement the effect of it on the existing orders, stock already at the distributor, etc. elated information comes under this clause. If the distributor needs to sale the stock back to the company, what will be the cost at which he can sale? All these terms are covered under this point. 9. Notices: In some cases the headquarters are not in UK, so the jurisdiction of the territory may need a UK address for the notice. This is cleared under Notices point. 10. Arbitration: This applies only if needed. And if needed, the language and the place of arbitration are clearly mention ed in the agreement. 11. Relevant Law: This covers for any specific laws those required for the agreement.The jurisdiction of the territory is fixed. Many times the parent company is in other jurisdiction or vice versa, so the binding jurisdiction is decided and clearly mentioned in the agreement. 12. Notification: Some territories may require additional registration or notification in the local registering bodies; this is also mentioned in the agreement. (Weise, 2007) These are some standard and basic points covered in any appointment of distributorship. Nestle also follows the local law and has these sort of agreements are done with their distributors.Nestle incentives are very tempting for its distributors as nestle opts for win-win situation strategy. This helps them to keep the product moving always. Majorly two types of incentives are given to the distributors. Sales based commission in percentage of sales target achieved and holiday packages to exclusive tourist locations. (D emirag, 2010) The first one is major of the two as it depends on the performance of the distributor, the more the sales the more the commission. This is purely in the hands of the distributors so it is easy for them to achieve more incentives.These incentives affect major sales of any product. Reporting, Control and evaluation system for their sales force: Salesforce plays another vital role with distribution channels because it is a major element of the distribution network that works individually. Any organisation should have a proper channel of reporting, control and evaluation of the sales force. Salesforce management is of utmost importance as they face the customers directly and hence the reputation of any company is somewhat dependent on them.Success or failure is somewhat directly related to salesforce performance (Venugopal, 2006), therefore proper reporting, control and evaluation of the same needs to be very strong and clear in any organisation. (Muczyk and Myron, 1987, e t al cited Venugopal, 2006). Reporting of sales force is completely dependent on the hierarchy of the organisation and it differs from country to country and organisation to organisation. The reporting is from daily to weekly to monthly basis. Reporting is done by filling forms or computer generated sheets, emails and now a days through software.Reporting is usually to the regional managers in the sales department. (Marks, 2008) Software’s are becoming popular as the data can be available for the senior management to evaluate and check anytime they want. Salesforce performance needs to be evaluated through various methods in order to achieve maximum sales. Marks in his book explains’ about the evaluation techniques and methods of salesforce. Monthly audits and performance mapping of individual person in the sales team gives a clear idea of the performance of each individual. This helps the sales manager to design his team and decide the future actions and plans.Target setting also can be done with useful data from evaluation process. Based on this evaluation the salesforce needs to be compensated with rewards. This serves as motivation to work more efficiently. Regular training and meeting with senior and experienced staff helps improve selling methods and way of work. For Nestle the sales team has monthly orders from the big wholesalers like Tesco, Asda, Sainsbury’s, Waitrose, etc. Kit Kat being highly popular it comparatively easy for the sales team to achieve the set target due to high demand as a result of the popularity.They work on credit accounts that are opened initially after a small credit check and then the terms of credit period and payments are decided. Recommendations and Conclusions: Overview of Nestle UK concludes at a point that they have one of the best practices in the functioning of the product process in the market for Kit Kat. The only recommendation is that use of the railway network in UK in order to fast supply of the goods and reduction in time factor. This will improve their efficiency in the market and they can achieve the target sales smoothly without any shortages.In order to have a healthy business salesforce need to be motivated and kept happy. They are the major players in getting the business for any organisation. (Zoltners, Sinha, Lorimer, 2004) Any organisation selling product is complete only if they have a proper distribution structure and effective and efficient sales team. (Johnston and Marshall, 2010)