Thursday, October 31, 2019
Experince and learning Outline Example | Topics and Well Written Essays - 1000 words
Experince and learning - Outline Example The second part will focus on a detailed narration of my experiences in Standard Packprints by highlighting on its main product, intended market, and major operations. The last part will integrate the most important insights that I have gleaned from my experience into my theoretical understanding of operations management. Operations can be considered the heart of business as it handles the development of the product that is to be offered to the market. Product development, in this regard, involves numerous factors that are critically considered in order to attain the strategic objectives of the business. With this, it can be claimed that operations is usually comprised of three facets. The first facet is the procurement of raw materials and equipment that are needed for the development of the product. The second facet is the production of the product that is hinged on: (1) operational systems and processes; (2) manpower assigned; and (3) sets of machineries and other equipment used. The last facet is the proper sorting and storage of finished products in the designated warehouses. In all of these facets, it can be stated that operations as a business function needs appropriate planning and management in order to ensure that all processes and end products conform to strategic objectives that are anchored on cost-effiectiveness and operational excellence. For example, timely check up on the productivity of employees is vital in lessening some problems on manufacturing effectiveness. Formally set up in 1987 in GOA state of India, Standard Packprints Pvt. Ltd offers highly stable and durable corrugrated boxes that are used in storing and transporting various types of goods. Its primary market is composed of companies that produce cloths, electronic materials, glass wares, pharmaceutical products, and childrenââ¬â¢s toys. Some of their top clients include Blossom Pharmaceutical Ltd,Centaur Pharmaceutical Ltd,Second Centaur Pharmaceutical Ltd, Dsouza
Tuesday, October 29, 2019
Jade figure of a hound Research Proposal Example | Topics and Well Written Essays - 500 words
Jade figure of a hound - Research Proposal Example The artwork is in three dimensional, and it is in the form of a small sculpture. For instance, the artwork is symbolic of the importance given to domestic animals in Ancient China. Michael Sullivan opined that, ââ¬Å"To many people ââ¬Å"Mingâ⬠means not painting-for only recently has Ming painting come to be appreciated outside China- but the decorative arts.â⬠Besides, one cannot identify any sort of sharp edges on the artwork because the edges are round in shape. The artwork can be divided as: dogââ¬â¢s head, body, and legs. To be specific, the head is pointed backwards and this fills the viewerââ¬â¢s mind with enthusiasm. To be specific, the dogââ¬â¢s head (especially the eyes) is the focal point of the artwork because the dog is expecting something and looking backwards. The next element in the artwork is the dogââ¬â¢s body, and the same is symbolic of the importance of proportion in art. The next element is the legs, symbolic of warmth and peacefulness. In short, the proportionate alignment of artistic elements proves that the artwork was produced by an artist who is interested in observing animals, especially their shape and size. The artwork consists of curves, symbolic of the athletic shape of animals, especially among dogs and other domesticated animals. The overall size of the artwork is related to the normal size of a dog. One can see that the artist did not try to alter the natural colour of jade and the lines and curves on the artwork prove the same. To be specific, the artist made use of jade as a medium to produce his artwork.
Sunday, October 27, 2019
Validity of Electronic Contracts in the UK
Validity of Electronic Contracts in the UK REGULATIONS AND CASE ANALYSIS ON THE VALIDITY OF ELECTRONIC CONTRACTS IN UNITED KINGDOM[1] The validity of Electronic Contracts in United Kingdom Legal background of UK legislations on Electronic contracts In the late 1990s, the lack of a legal foundation for e-commerce has caused many European countries to separately enact electronic signature law.[2]Such a trend has raised a concern to the EU as a whole for the differences there might be.[3]In addressing the issue, the EU has come up with the Directive on a Community Framework for Electronic Signatures (EU E-Signatures Directive).[4]The Directive requires implementation by all member states by July 19, 2001.[5]The Directive mainly deals with, inter alia, the recognition of electronic signature, technological neutrality, and international harmonization.[6] As a result, the Electronic Communications Act 2000 (ECA) and the Electronic Signatures Regulations 2002 (ESR) are the implementation of the EU Directive. 2. Electronic Communications Act 2000 During the history of English contract law, it has addressed and reconciled the validity issue of signature on the basis of their forms. Several forms of signatures were given legal validity such as initials, marks, seals or printed name.[7] When it comes to electronic signatures, UK maintained their perspective as to relying on the function performed by the signature method in determining its legality; this approach is called the technology neutral approach.[8] The ECA heavily inherits of this technology neutral approach. The ECA focuses on three main issues: (i) the validity of electronic signatures, (ii) the validity of electronic records in transactions, and (iii) the legality of public key cryptography.[9] Section 8 and 9 of the ECA removes the barrier between electronic documents and their paper counterparts. As such, electronic records are given legal validity on a case-by-case basis. The act also authorizes the Secretary of State to enact secondary legislations.[10] 3. Electronic Signatures Regulations 2002 The ESR came into force on March 8, 2002.[11]The main focus of the ESR is to implement certain provision of the EU E-Signatures Directive, especially the one concerning Cryptography Service Providers, including liability and data protection.[12] The ESR and the EU E-Signatures Directive share the same definition for electronic signature. Under the ESR, a legal person can be a signatory. The two legislations also share the same two types of signature, which is basic and advanced signature. Since UK contract law does not distinguish the notion of handwritten signature, theres no need for the ESR to specifically recognize the validity of an electronic signature as an alternative for the handwritten ones. However, various [U.K.] legislative acts have generally recognized [sic] that an e-signature is a valid form of signature in the specific context concerned.[13] Data messages under UK legislations Definition of data messages under UK legislations Under English legislation, data messages was addressed under the name of electronic communication. Section 15 of the Electronic Communication Act 2000 defines electronic communication as follows: A communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)- By means of a telecommunication system (within the meaning of the Telecommunication Act 1984); or By other means but while in an electronic form This broad definition covers all kinds of communication transmitted through a device to a telecommunication network, including a telephone, fax, computer or laptop. Regarding electronic contracting, the EDI might be the oldest form of computer-based electronic contracting.[14] Origin of data messages under UK legislations In England and Wales, it is also difficult to determine when and where the electronic communications are sent from. English legislation requires some physical manifestation of the subject matter, or the parties intent. Its not much important to search for the time of place where the electronic communication generated, but several legal aspects relied on these two factors. Electronic communications, in their nature, are intangible to the outer world, unless stored of physically manifested by electronic equipment. Even if the electronic data is stored in the device, it can be easily deleted or modified without leaving any trace of the interference. This is a major issue of evidential value of electronic data, for example, as to the existence of a contract or a contractual term. Evidential validity of data messages under UK legislations Electronic evidence has been subjected to special legislation in England for many years. The admissibility of data message in England was governed by a lot of rules, much more than those of traditional paper evidence. Section 5 of the Civil Evidence Act 1968 provides that a computer-produced document shall be admissible as evidence, provided that the proponent can demonstrate its authenticity. The person who wishes to submit electronic evidence must establish that: The document was prepared during a period over which the computer regularly stored or processed information; Over the relevant period of time, information of this type was regularly supplied to the computer; The computer was operating properly; and The information contained in the statement reproduces information supplied to the computer.[15] Without any of the above conditions, the electronic evidence would not be admissible. On the part of the proponent, not only he must prove the authenticity of the evidence, but also its reliability, often times by acquiring a certificate signed by a person responsible for the operation of the computer.[16] Time and place of data messages under UK legislations Time of data message under UK legislations In England and Wales, as well as many other countries, the courts face with a difficult issue of which rule between the dispatch rule and the receipt rule should be apply in certain cases. In fact, the solution for a previous case does not necessarily solve the problem in a new situation. Time of dispatch Some argued that the dispatch rule (originated from the postal rule) should be applied in those cases dealing with e-mail communication, but not to online transactions.[17] The reason for this is because they observed that e-mail communications share many feature with the old-time postal communication, for example, after the sender hit the sending button, he or she has very little control over what would happen to the message, or not at all. In other words, he did all he could in messaging the other party. Of course there might be some delay or problem as the two parties often do not communicate simultaneously. It was suggested that a modified postal rule should be used to deal with the formation of nowadays electronic communications. Time of receipt Should the court apply the receipt rule for contractual formation, the crucial issue would be the time of receipt of that piece of communication. In fact, one would find a lot of identifiable point along the communication process that would fit the receipt category.[18] The Electronic Commerce Directive of UK does not deal with the contractual acceptance but it does shed light on the time of receipt of a message. Article 11 of the Directive provides for the situation where an order was placed with a service provider and that service provider must acknowledge the receipt of that order. The order and acknowledgement of receipt are deemed to be received when the parties to whom they are addressed are able to access them.[19] The phrase able to access them was the subject of various debates. It is believed that the phrase was imported directly from regulation 11(2)(a) of the EC Directive and according to the Guidance for Business, when the message is capable of being accessed by the recipient it will be deemed received, which doesnt explain anything as to this interpretation.[20] For instance, if a data message is sent in the middle of the night, it must be deemed capable of being accessed, but is it reasonable to require a consumer to check a message in the middle of the night? In most of the case, after dispatching, no one would expect that message to be received at that time of the day. Place of data messages under UK legislations According to the general rule, the formation place of an electronic contract would the one where acceptance was communicated to the party making the offer. In specific situations, the place of acceptance was the place where the party making the offer received the acceptance. As a matter of facts, courts must look into details of the circumstance to decide which rule should be applied. Electronic signatures under UK legislations The ECA broadly defines electronic signature as so much of anything in electronic form that is incorporated into or otherwise logically associated with any electronic communication or electronic data and purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.[21] From the above definition, an electronic signature can be broken into three elements, namely (i) so much of anything in electronic form, (ii) incorporation or logical association, and (iii) purports to be used by the individual creating it to sign.[22] The first requirement of an electronic contract is the electronic form. This is such a broad provision so as to make sure that new concepts that are yet to be invented would be covered by the definition. The second requirement of an electronic signature is the incorporation of logical association with an electronic communication or electronic data. The signature could be deemed incorporated or logically associated by the way it is created. For example, in the process of creating a digital signature, the software could take part of the plaintext and create a message authentication code, which allows a recipient to check whether the message has been altered. As a matter of fact, the authentication code is separated from the message but at the same time incorporated into it. Another instance is where a biometric measurement is attached to a message. In this case, the biometric measurement would only function when it is associated with the message. There are many other ways to produce an electronic signature but the same principle is applied to all of them, even though the function of the electronic signature may vary from case to case. The third element of an electronic signature is the intent of authenticity[23] by the signatory in creating the electronic signature. There are cases where the person who the signature purports to be was not the one who actually caused it to be affixed to the data. In those instances, the electronic signature failed the third requirement. In terms of the admissibility of electronic signatures required by the EU E-Signatures Directive, the definition of electronic signature in the ECA is said to be too broad.[24]Understandably, the ECA looks to make room for technological innovation; therefore the definition was intentionally left unspecific.[25]However, the ECA should ensure the analogous binding characteristic of an electronic contract as a handwritten one, i.e. section 7 (3) of the ECA should not allowed authenticity and integrity to be separated by going beyond the interpretation of advanced electronic signatures.[26]It is similar to having a signature on a piece of paper on an unsigned contract and telling that the contract is signed. Moreover, section 7(3) also allows separate the data and the communication, which raise an issue of the non-repudiation characteristic which requires the integrity of both the data and the communication. Analysis on some significant cases of Electronic Contracts in United Kingdom Case 1: Golden Ocean Group Limited v. Salgaocar Mining Industries PVT Ltd. and another [2012] EWCA Civ 265 This English case shed some light on the enforceability of a contract of guarantee where a series of documents have been duly authenticated by electronic signature of the guarantor. The facts of the case The plaintiff of this case, Golden Ocean Group Ltd (Golden Ocean), was a shipping company. The defendant was Salgaocar Mining Industries PVT Ltd (SMI). In early 2008, in reply to Golden Oceans offer to charter SMI a vessel, SMI nominated Trustworth Shipping Pte Ltd (Trustworth), a related company. The negotiations were conducted via email on the basis that Trustworth fully guaranteed by SMI. Golden Ocean later claimed that Trustworth had repudiated the charter and that it was guaranteed by SMI. The defendants argued that the email chain was insufficient to create a binding guarantee according to the Statute of Frauds. Legal issue The issue of this case was whether the email chain constituted a binding guarantee or not. Judgment of the court The court rendered a judgment for the plaintiff, agreeing that Golden Ocean had a well arguable case that the document was in writing and did not contradict the Statute of Frauds. As such, the court set forth the following reasons: First, the judge rejected the argument that the agreement between the parties was not in writing according to the Statute of Frauds. The phrase fully guaranteed by [SMI] can only be interpreted in the way that the charter party was guaranteed by SMI, instead of to be guaranteed as the case may be. Neither did the judge accept the idea that there should be some limitation to the number of documents to be permissible in the case of writing. The court emphasized that it was highly desirable that the law gives effect to the communications which are more than clearly than many negotiations between men of business, the sequence of offer, counter offer, and final acceptance by which, classically, the law determines whether a contract has been made. Regarding the signature issue, the court concluded that the contract was signed by way of the electronically printed signature of the person who sent them and it sufficed the test of a valid signature according to the Statute of Frauds. Case 2: Hall v Cognos Ltd Industrial Tribunal Case No.1803325/97 The facts of the case Hall was employed by Cognos as a sales executive. Under the employment contract, Halls expenditures incurred for travel, accommodation and other reasonable cost would be covered by Cognos, under the condition that it would not exceed 6 months. Hall failed to submit the claim within 6 months so he asked Sarah McGoun and Keith Schroeder, his line manager, whether these expired claimed was okay for him to get his recovery. The reply was Yes, it is OK. They communicated through a series of emails. Hall later submitted his request but Cognos refused to accept any payment. Legal issue The issue of this case was whether emails can suffice the writing test and be considered as signed once theyre printed out. Judgment of the court The court rejected the claim for Cognos that because the emails were not in writing and signed, they didnt have any effect. Instead, the judge concluded that emails were in writing and signed once they were printed out. [1] In the UK, there are three different legal territories: England and Wales, Scotland and Northern Ireland. For the purpose of this chapter, the UK law or English law represents the law in England and Wales. [2] Anthony Burke, EU and Irish Internet Law: An Overview, 13 INTL L. PRACTICUM, Autumn 2000, at 107, 113-15 [3] Mariam A. Parmentier, Electronic Signatures, 6 COLUM. J. EUR. L. 251, 252 (2000) [4] Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community Framework for Electronic Signatures [1999] OJ L13/12, 19.1.2000. [5] Id., Art. 13 [6] Jacqueline Klosek, EU Telecom Ministers Approve Electronic Signatures Directive, 4 CYBERSPACE LAW. 12 (2000). [7] Mincoff, M., An Overview of Electronic and Digital Signature Legislation and Regulation in the United States: Silanis Technology, 1999 [8] Reed, C., What is a Signature?, Journal of Information, Law and Technology,2000 [9] Murray, J., Public Key Infrastructure Digital Signatures and Systematic Risk, Journal of Information, Law and Technology.2003 [10] Id. [11] Interdisciplinary Centre for Law Info. Tech., Katholieke Universiteit Leuven, Study for the European Commission: The Legal and Market Aspects of Electronic Signatures, 215-16 (2003). [12] Id. at 215 [13] Xxx Interdisciplinary Centre for Law Info. Tech., Katholieke Universiteit Leuven, Study for the European Commission: The Legal and Market Aspects of Electronic Signatures, 215-16 (2003) [14] The most mature form of electronic contracting is electronic data exchange (EDI), which permits trading partners to exchange commercial documents electronically. Baum, M.S. Perritt, H., Electronic Contracting, Publishing and EDI Law, Wiley Law Publications: New York, 1991, at 2 [15] Section 5(2) of the Civil Evidence Act [16] Ibid., Section 5(4) [17]See Murray, A.D., Entering Into Contracts Electronically: The Real W.W.W., in Edwards, L. Waelde, C. (eds) Law and the Internet: A Framework for Electronic Commerce 2nd ed. (Hart: Portland, Oregon, 2000) at 26 and Downing, S. Harrington, J., The Postal Rule in Electronic Commerce: A Reconsideration, (2000) 5 (2) Communications Law 43 [18] For example, the point at which an e-mail arrives at his service providers server or the point at which the e-mail is downloaded to the recipients computer [19] Article 11 of the Electronic Commerce Directive [20] Guidance for Business on the Regulations 5.29 (a) [21] Section 7 (2) of the ECA [22] See Stephen Mason, Electronic Signatures in Law, 4th edition, 2016, at 171 [23] Section 15 (2) of the ECA provides for 3 tests to determine the authenticity of a communication or data, which are: whether the communication or data comes from a particular person or other source; whether it is accurately timed and dated; whether it is intended to have legal effect. [24] Section 7 of the ECA [25] Section 7 (2) of the ECA [26] This may be to satisfy Article 5(2) of the Directive that requires that electronic signatures are not denied legal effectiveness and admissibility as evidence.
Friday, October 25, 2019
Sophie Treadwell and the Centaur of the North :: Sophie Treadwell Essays
Sophie Treadwell and the Centaur of the North In August 1921, an extraordinary meeting took place between two very different people which would result in a brief and unlikely friendship. For four days at an isolated and picturesque ranch called Canutillo near Rosario in northern Mexico, the infamous Mexican revolutionary leader Francisco "Pancho" Villa played host to an intrepid American newspaper correspondent and playwright named Sophie Treadwell. The resulting article that ran on the front page of the New York Tribune on Sunday, August 28, 1921 entitled "A Visit to Villa, A Bad Man Not So Bad" earned Treadwell international notoriety. Recognized for her expertise on the people and politics of Mexico, she would go on to write a series of articles on the topic of Mexican affairs. At that time Mexico was still reeling from a bloody Revolution that saw the ousting of the progressive but tyrannical regime of Porfirio Diaz and three more successive regimes. Treadwell's sympathetic treatment of Mexican affairs allowed her to access people and information that were unavailable to most. As a result, Sophie Treadwell brought to her readership enhanced understanding of important people and events in Mexico; most notably that of Francisco Villa. That an American woman received so much respect and was able to accomplish so much in a country which at the time was generally resentful of Americans as well as totally male dominated attests to the ambitiousness and cultural sensitivity of this noteworthy writer of fact and fiction. Born October 3, 1885 in Stockton California, Sophie Anita Treadwell's ancestry was a mixture of Mexican, English, German, and Scot. The daughter of a judge, she described herself as "a Californian, a mixture of the old 49er and the original Mexican"(Wynn 1). Her family life was marred by the marked absence of her father, of whom she said; "The first thing I remember of my father is that he wasn't there" (Wynn 4). Despite this, it was her father, a theater fan, who introduced Sophie to the theater. Though she would until very recently remain an under-appreciated and unknown playwright, the theater was to become the main focus of her endeavor for much of her life. Upon her graduation from high school in 1901, Treadwell intended to pursue a career in stage acting.
Thursday, October 24, 2019
Individual and Group Test of Intelligence
Individual vs group test Individual intelligence tests * There are two major types of intelligence test, those administered to individuals and thsoe administered to groups. * The two main individual intelligence tests are the: Stanford-Binet Intelligence Test (see Murphy & Davidshofer, 2001, Chap. 13) Wechsler tests, i. e. WISC for children and WAIS for adults (see Murphy & Davidshofer, 2001, Chap. 13) * These are individual intelligence tests which require one-on-one consultation with the child.The tests involve various verbal and non-verbal subtests which can be combined to give an overall IQ, but which also provide valuable separate subtest scores and measures based on the behavioural responses of the child to the test items. * Some of the content of these tests is clearly culture-loaded, hence there is the:Kaufman Assessment Battery for Children ââ¬â a more recent test which attempts to minimize cultural bias.The test also attempts to separate crystallised and fluid intellige nce. Group intelligence tests * Group-administered intelligence tests involve a series of different problems and are generally used in mass testing situations such as the military and schools. * Examples of group tests are: Multidimensional Aptitude Battery, The Cognitive Abilities test, Scholastic Assessment Tests * There has been a trend towards the use of multiple choice items.Many of theses tests have separately timed sub-tests. A major distinction made between types of items is verbal and non-verbal. In recent years there has been a trend away from verbal and mathematical items towards non-verbal represented problems in pictures. * Part of the reason for shifting away from verbal-based tests, in particular, is the issue of culture-loading. Advantages of group tests: * can be administered to very large numbers simultaneously * simplified examiner role scoring typically more objective * large, representative samples often used leading to better established norms Disadvantages of group tests: * examiner has less opportunity to establish rapport, obtain cooperation, and maintain interest * not readily detected if examinee tired, anxious, unwell * evidence that emotionally disturbed children do better on individual than group tests * examineeââ¬â¢s responses more restricted normally an individual is tested on all items in a group test and may become boredom over easy items and frustrated or anxious over difficult items * Individual tests typically provide for the examiner to choose items based on the test takers prior responses ââ¬â moving onto quite difficult items or back to easier items. So individual tests offer more flexibility.
Wednesday, October 23, 2019
Union Carbide India Limited
It all started with the manufacturing of flash light batteries in Calcutta by the Eveready Company Limited of Great Britain. Later on this company became a subsidiary of UCC headquartered in New York. The company later adopted the new name of Union Carbide India limited and also established a factory in India to manufacture flash lights along with expansion of its capacity to manufacture dry-cell batteries. The company progressed and by the eighties they were involved in batteries, carbon and metals, plastics, marine products, and agricultural chemicals. UCIL established fifteen plants in different parts of India. To expand its agricultural division UCIL sought permission of Indian government to allow them to set up a pesticide plant. Initially the plant was started near the city of Trombay but later on switched to Bhopal. The plant in the beginning imported Sevin powder from the United States diluted it with non-toxic powder and sold it. Later the Indian government pressurized UCIL to manufacture Sevein and its components in India. That's how the Bhopal plant expanded and the investment in the plant increased from initial $1 million to $25 million. The company made its mark among all companies present in India in terms of Sales. In Bhopal the UCIL factory was like any other process plant with storage tanks, hoppers and reactors connected by pipes, pumps, valves and ducts. Sevin was made through a chemical reaction between alpha-naphthol and methyl isocyanate, MIC. MIC is a highly reactive liquid that boils and becomes a gas above day time temperatures. UCC was the world leader in MIC technology and provided essentially al the process design for the plant but did not send engineers to supervise the construction. The alpha-naphthol unit began experiencing some problems. Also the sales were started going down in the beginning of 80s due to various reasons. Due to the decline in sales the unit started having losses. The staff at the MIC was cut from twelve operators on a shift to six. The maintenance team was reduced in size. In a number of instances, faulty safety devices remained unrepaired for weeks. The plant was running at far below capacity. The company seriously started making plans for dismantling the plant and shipping it to some other region. UCIL was located in Bhopal where there was a shanty town inhabiting thousands of India's poorest citizens. In the South of Bhopal wealthy Indians lived in their elegant houses. MIC the main component used to prepare Sevin was made at the plant by reacting Phosgene gas with another chemical but the system had been idle. The MIC was being used from ââ¬Ëcharge-pot' which was periodically resupplied from either of two different tanks. Operators had experienced difficulty in pressurizing one of the tanks. At the night of the incident, several hundred gallons of water entered in this particular tank. The water reacted with MIC producing heat and gas. A relief valve soon lifted and MIC vapor began flowing through vent headers and out a discharge stack. Some workers reported to supervisors that their eyes began to water because of possible leak of MIC. Supervisors found what they believed was the source and they set up a fire hose to spray water on the suspected leak. The water curtain that may have reduced the concentration of the gas was only set to ~13 m and did not reach the gas; it was not designed to contain a leak of such magnitude. The supervisors retired to the company canteens in violations of instructions not to take their break together. The supervisors were later called when the tank was rumbling with increasing pressure but it was too late for them to take any concrete action. MIC vapor were billowing from an atmospheric vent in the air. The cloud of deadly white gas was carried by the northeast wind toward the shanties on the south side of the plant. On the cold night cold of December 03, 1984, MIC settled toward ground. The gaseous fumes reached the huts resulting in panic and confusion. Many of the weak and elderly died where they lay blinded and smothered by the acrid fumes. Though the audible external alarm was activated to warn residents of Bhopal, it was quickly shut down to avoid causing panic among the residents. Thus, many continued to sleep, unaware of the unfolding drama. However, as the words of the gas leak spread, many of the Bhopal's affluent citizens fled in their cars while poor were left behind. An estimated 2000 or more died that deadly night while over 200,000 were injured. Doctors and hospitals were not informed of proper treatment methods for MIC gas inhalation. They were told to simply give cough medicine and eye drops to their patients. Confused crowds waited outside hospitals outside the hospitals for medical care. The plant on the other hand, later on, was closed and locked. The citizens of Bhopal remained totally shocked by the turn of events. Soon after the incident blame game started. UCC referred to deliberate act as a possible cause of the water entry. Later the company suggested that a Sikh terrorist group might have sabotaged the plant. A representative of UCC's investigation team suggested that the gas was formed when a disgruntled plant employee, apparently bent on spoiling a batch of methyl isocyanate, added water to a storage tank. There were many theories started flowing around. UCC and UCIL executives were charged in India with manslaughter and other crimes. UCC chairmen Anderson along with the head of UCIL was arrested and briefly detained by Indian officials when they went to India after the incident. Several UCIL employees were also arrested and CBI began criminal investigation. A number of US and Indian lawyers rushed to sign up gas victims and their relatives as clients. Different class action lawsuits were filed in the United Sates on behalf of the victims of disaster. In March 1985, India enacted the Bhopal Gas Leak Disaster Act, giving UOI the exclusive right to represent the victims. Finally, In an out-of-court settlement reached, Union Carbide agreed to pay $470 million for damages caused in the Bhopal disaster. As we know from the background of the case that refrigeration unit was not working, safety devices were not working, safety standards and operating procedures were not im place, maintenance was poor, downsizing took place and less qualified personnel were hired. These issues indicate that the problem lied at the management level. Inefficient operation shows that there was absence of even basic management. The day to day operations were not carried out according to the general standards and norms then what can be said about disaster planning or planning for dealing with an unforeseen event. At UCIL the local management should have taken the complete responsibility of the diaster as they failed to maintain even the basic principles of management. Even though foreigners were on the board of directors but it was not the responsibility of the board member to run day to day operations. The whole blame was put on foreigners and forign board and the case became one of the most talked about industrialized disaster in the history. The plant was purely run by the Indian local managers and it was the responsibility of such managers to maintain the basic standards. This incident would not have happened had management been active in implementing the basic levels of management. Ideally there should be a contingency plan in place to deal with the possible disasters. In plants dealing with chemicals there is always a possibility of accidents and disasters of any proportion. It was naive of the management to forget about the contingency measures. On another level the government of India also played the political part and tried to trap foreign board in the incident while forgetting that primary responsibility lied on management on ground. Foreign board in Bhopal's case also on the hand tried to safegurd its image as the issue was discussed on all forums There had been many accidents of similar nature in UCC's American plants prior to the Bhopal accident but they did not get much publicity and were not blown out of proportion because they were tackled at the management level on ground. As later there was a ruling that the case should be tried in India. The company denied every charge leveled against UCC and pointed out that no US citizen had been employed there 2 years before the disaster. Foreign board definitely had the moral responsibility of the incident but they cannot be blamed for failed day to day operations. The case reminds us that on the first level basic management should function and operations should be efficiently run. However the management responsibility does not end here. Management should be on toes and keep on scanning both external and internal environmental factors. There should be contingency plans in place to deal with possible mishaps or disasters.
Tuesday, October 22, 2019
Gaelic football Essays
Gaelic football Essays Gaelic football Essay Gaelic football Essay Present sporting Activity: At present I take part in various sporting activities. Some for recreational purposes such as my local leisure centres volleyball team, and others for competitive purposes such as camogie and Gaelic football.à I also play Gaelic football for my school and also for my parish team. I also play camogie for my school team. I have been playing camogie and football for about nine or ten years now. My main position on a football team is centre halfback; this position requires a lot of cardiovascular fitness, muscular endurance. Planning the programme.à Purpose of my PEP.à It is my intention through this Personal Exercise Programme to improve my cardiovascular fitness as well as my muscular endurance. As a Gaelic football player I understand just how important these two components are in relation to the game of Gaelic football. They are vital to promote good performance throughout a match. By improving these components I hope to improve my own performance throughout a match. Improving my cardio-vascular fitness will help me to be more involved in the game, it will enable me to keep working at a steady rate throughout the match and better take on the role as an attacking back. As we know players generally tend to become tired whilst playing a match, this tends to result in making more mistakes resulting in more mistakes being made. Gaelic football requires a number of fitness components some of which are concerned specifically with my leg muscles, I hope to maintain the quality of soloing the ball throughout a sixty-minute match. : Gaelic football requires a number of fitness components.à Before selecting which fitness components I wanted to focus on in my PEP it was first necessary to:à A) Examine all fitness components, which play a part in Gaelic Football.à B) Examine my own personal fitness levels.à In fulfilling part A it will be possible to highlight which fitness components are arguably more important than others for the footballer.à In fulfilling part B it will be possible to see, which components most require work and to establish a suitable degree of overload for my first session. Fitness componentsà Below I will explain the different fitness components, which are required in my sport of Gaelic. In analysing the sports fitness components it is possible to see which components are arguably more important for this sport than others are important in relation to Gaelic football it will prove more beneficial for me if I focus on the most important aspects of my fitness for my chosen sport. According to Wesson Et Al Cardiovascular fitnessà This is the ability to provide and sustain energy aerobically. It is dependent upon the ability of the cardiovascular system to transport and utilise oxygen during sustained exercise. Increasing cardiovascular fitness means increasing the capability of the heart and the rest of the cardiovascular system in their most important task, to supply oxygen and energy to your body.à Having good cardiovascular fitness has many health benefits. For example, it decreases your risk of cardiovascular diseases, stroke, high blood pressure, diabetes and other diseases. Cardiovascular fitness is best improved by activities, which employ large muscle groups working dynamically. Such activities include walking, jogging, running, swimming, skating, cycling, stair climbing and cross-country skiing. Muscular Enduranceà This is the ability of a muscle or group of muscles to sustain repeated contractions against a resistance for sixty minutes. As we know a game of Gaelic football lasts about one hour. Muscular endurance is required in order to be able to withstand the pace throughout the whole game. Muscular endurance is also required for soloing, kicking and hand passing. If muscular endurance is under-developed, technique and accuracy will deteriorate. Muscular Strengthà This is the maximum force that can be developed in a muscle or group of muscles during a single maximum contraction. Muscular strength is used in a football match to give distance to a kick. A high level of muscular strength can leave the legs feeling stronger and can delay effects of fatigue so that a better performance can be seen. Muscular strength is also needed when tackling opponents or indeed when being tackled. Muscular Powerà Generating the maximum force (strength) in relation to time (speed). Within Gaelic football muscular power is important, as it is needed for such skills as high fielding.à Flexibilityà This is the range of movement possible at a joint, it is determined by the elasticity of ligaments and tendons. Usually the type of joint determines the degree of movement as joints are used either for stability or mobility. Flexibility is required in the game of Gaelic football in order to the pick the ball of the ground. Flexibility in the ankle joint is also required while soloing. This is the ability to put body parts into motion quickly or to the maximum rate that a person can move over a specific distance. Speed generally tends to be determined by the physiological make-up of the muscles. In Gaelic football speed is required in order to overcome the opponent and meet the ball before ones marker.
Monday, October 21, 2019
Treatment of Fibromyalgia
Treatment of Fibromyalgia Introduction Falvo (2005) writes on the medical and psychosocial aspect of chronic disease including fibromyalgia. Fibromyalgia is defined as a rheumatologic disease in which the patient experience widespread pain, coupled with aching and stiffness of muscles and/or joints, plus fatigue, sleep disturbances, and broadly distributed sites of tenderness (tender joints) (Millea Hollaway, 2000, cited in Flavio, 2005, p. 421).Advertising We will write a custom research paper sample on Treatment of Fibromyalgia specifically for you for only $16.05 $11/page Learn More The pain and uneasiness linked to fibromyalgia are spread, occurring in the hips, lower back, shoulders, and neck and other sites. The author refutes fibromyalgia as a degenerative disease because it does not cause damage to joints or bones; therefore, there is no definitive diagnostic test or objective findings that can validate the condition. Because of the lack of exceptional laboratory tests appli ed for diagnosis of the condition, diagnosis is centered on individualsââ¬â¢ testimony of history and symptoms, regarding the identifiable tender points as the major diagnostic indicator. Falvo (2005) notes that fibromyalgia can manifest other symptoms besides musculoskeletal pain, such as irritable bowel syndrome or headaches. Falvo (2005) argues that this condition can occur parallel with other sevre rheumatic disorders including rheumatoid arthritis and lupus. Moreover, psychological signs of depression and anxiety often accompany fibromyalgia. This chronic illness can impact an individualââ¬â¢s quality of life and can lead to interpersonal challenges due to its symptoms. The author underscores the significance of validating the individualââ¬â¢s symptomatic complaint in that it helps restores self-esteem and self-control, assisting them to adjust to their symptoms. Cause of Fibromyalgia According to the findings of Liu, Mantyh, Basbaum, (1997), enduring physical or emot ional abuse subjected to a person may produce some physiological alterations in that individual. It has been proven that a substantial group of people diagnosed with this illness that were subject to chronic stress from physical and emotional abuse, shared a common physiological outcomes. These outcomes include increased levels of N-methyl-D-aspertatesubstance P (NMDA-SP) and a rise in the expression of c-fos, which is a protein released under stress and found in neurons corresponding with pain. These outcomes considerably point to chronic stress as an impetus for hyperalgesia in FMS.Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More The resultant hyperalgesic state is a product of chronic muscular hypersensitivity to fatigue and pain, denoted as a stress-induced, diathetic, neuromuscular hyperalgesic condition (Ellis, n.d). Benett (1999) concluded that an ultimate understandi ng of pathogenesis of non-nociceptive pain is prerequisite for disqualifying FMS as a somatoform disturbance. Moreover he proposes that there may be needed a review of the concept of somatoform abnormalities, to classify them under clinical conditions by virtue of the knowledge physiology. The author defined the neurological pain course as gush of nerve impulses that emanates from nociceptors in visceral or somatic tissues (p. 386). In the course, nerve ââ¬Å"impulses travel in peripheral nerves, with a first synapse in the dorsal horn and a second synapse in the thalamus, and end up in the cerebral cortex and other supraspinal structures. This results in a pain experience and the activation of reflex and later reflective behaviorsâ⬠(p. 386). Normally, nociceptor-driven pain is effectively eliminated. Nevertheless with chronic pain, the association between nociception and resuscitation from pain is out of place or even absent and, thus pain endures. Usually the pain threshold escalates with palpation, though it decreases in FMS (Kosek, Ekholm, Hansson, 1996). Ellis, (n.d) presumes that this may be as a result of the absent or insufficient resuscitation of nociceptor signals. It is increasingly becoming evident that fibromyalgia has a genetic predisposition (Medscape, 2006). Progressively, the author argue that first-degree relatives of people indicating fibromyalgia are eight times at risk of developing the illness compared to the general population.Advertising We will write a custom research paper sample on Treatment of Fibromyalgia specifically for you for only $16.05 $11/page Learn More This condition has been often associated with polymorphism in serotonergic 5-hydroxytryptamine (HT) 2A receptor, the catecholamine o-methyl transferase enzyme, the serotonin transporter and the dopamine 4 receptor. These polymorphisms reportedly have influence on the transportation or metabolism of monoamines, compounds that are responsible for sensory processing and stress response (Medscape, 2006). Diagnosis Ellis (n.d) asserts that the key observations useful in the diagnosis of FMS are; i) a history of extensive pain, lasting for three months minimum and; ii) the recognition of pain in eleven out of eighteen tended sites on palpation. However, there are specific psychological and neuroendocrine factors that have been perceived to be virtually exhibited in FMS sufferers. Other diagnostic elements hat can give a comprehensive and accurate results are: Assessment of continuing stress as indicated on a score of state-trait anxiety. Assessment of the different physiological outcomes common in fibromyalgia patients that include though not necessarily limited to: Assessment for weak thyroid stimulating hormone (TSH) response and the decreased free serum calcitonin and calcium. Assessment for changed hypothalamic-pituitary-adrenal axis (H-P-A) because of exaggerated adrenocortricotropic hormone feedback to coticotropin- releasing hormone (CRH) and subsequent decreased secretion of cortisol. Assessment for increased levels of substance P. Medical management/Treatment of fibromyalgia By virtue of being a chronic condition, only relative enhancement can be provided. Fibromyalgia patients may find neck support in sleep or abdominal exercise to alleviate stress on the lower back useful. Aerobic exercise including swimming or walking are valuable in relieving pain and tenderness and helping regarding sleep disturbances. Current studies have proven that hyperbaric oxygen therapy can be effective in treatment of the disease (Falvo, 2005). Hyperbaric oxygen therapy Hyperbaric oxygen therapy refers to administration of 100% oxygen at two or three folds the atmospheric pressure. It specifically used for treatment of specific musculoskeletal conditions including chronic osteomyelitis (Sugihara et al., 2004, cited in Falvo, 2005, p. 425). This strategy works by renovating the bodyââ¬â¢s immune system agains t infection and increasing frequency at which the system can destroy pathogens.Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Patients inhale hyperbaric oxygen in an atmosphere of a specially deviced cylindrical singles of tricyclic antidepressants popularly used in this regard are; doxepin (sinequan) and amitrypatyline (Elavil) (MedicineNet, 2011). Fluxetine: there is substantial evidence that adding fluxetine (Prozac), or analogous medication, with low-dosage amitryptyline increases muscle pain relief, alleviate depression and anxiety in fibromyalgia patients. This combination is additionally more useful in enhancing restorative sleep and a general perception of well-being. The two combinations tend to neutralize the adverse effects each may cause. Tricyclic antidepressants can induce tiredness and fatigue, whereas fluxetine can cheer up and make patients more alert. In addition research has proven that Lorazepam (Ativan) was effective in relieving symptoms. Prozac has additionally been proven to be appropriate as a monotherapy with certain fibromyalgia patients. Trazodone can be administered at bedtime to enhance sleep if patients express hypersensitivity to trycyclic antidepressant Pregabalin (Lyrica): this medication was approved in 2007 to be used distinctively for treatment of fibromyalgia. Probably, this medication act through blockade of pain impulses in fibromyalgia patients. Its advantages lie in the flexibility of its dosing which can be shifted to meet the demands of the persisting symptoms. A related drug, gabapentin may also be employed in the treatment of the chronic illness. Duloxetine and milnacipran: the brand names are cymbalta and savella respectively. This drug combination has been conceived recently to be useful in the treatment of this disorder. These drugs have been proven to be useful in alleviating pain and improving function in fibromyalgia sufferers. Duloxetine has been useful in the treatment of depression and in alleviating pain in psychotic, including depression and anxiety. Pain relievers: Many other medications can be employed for the alleviation of fibromyalgia pain. Such pain relievers are; cortisone, tramadol, cyclobenaprine (muscle relaxant), nonsteroidal anti-inflammatory drugs (NSAIDs), and guaifenesin. Other strategies include; use of cast, assistive devices, orthoses, traction, and surgery. Implications of Fibromyalgia illness Illness is defined as the ultimate feeling of out-of-control (McDaniel, Hepworth, Doherty, 1997, p. 7). Normally, ill individuals experience the despair to exercise some control over their lives such that they distress upon loosing their capacity to control significant outcomes in their lives. Thus, when people have a sense of individual control regarding their illness, they have a high tendency to have an optimistic physical and psychological adjustment to chronic condition [including Fibromyalgia] than their inverse (Shapiro, Shwartz, Astin, 1996). A hermeneutic-phenomenological evaluation of 12 womenââ¬â¢s live experience with fibromyalgia outlined the themes of coping, ambivalence, and po werlessness (Ranhein Holand, 2006). The testimonies of these women depicted their efforts to control and manage the serious symptoms of their illness and their struggles to alleviate their sense of powerlessness that emanate from fatigue, pain and immobility. Victims of chronic diseases such as this have, who develop efficient methods for controlling their utmost serious symptom tend to posses a more optimistic attitude and reduced sense of powerlessness (Larsen, 2009). Seaman and Lewis (1995) found that powerlessness was linked with activity limitations and psychosocial indications, and mounting powerlessness was connected with failing health status. The theme of powerlessness in chronic illness is a fluctuating and complex matter. This phenomenon, can be caused by individual characteristics and outlook or induced by the changing nature of the disease; Fibromyalgia. It is inherent at same time imminent in the chronic illness. Nevertheless, the sense of powerlessness retreats and a dvances throughout the course of the disease as the patient negotiate between loss and control and steer through the varying landscape of their enduring realities. Also, factors such as the ability to manage symptoms and the degree of physical limitations can influence peopleââ¬â¢s experience with sense of powerlessness (Larsen, 2009). Clearly, fibromyalgia can have serious implications on the suffererââ¬â¢s different aspects of live. These aspects may include education, training, and employment. Implication on employment Resells (2003) argues that fatigue, chronic pain and faults in processing and arranging cognitive experiences impact negatively on the patientââ¬â¢s capacity to compete in the labor force. They impact on his/her ability to focus. S/he may find annoying the extensions of tasks which normally are done over a short period. Often, patients exhibit intolerance for repetitive tasks or prolonged standing or sitting. Stress and unpleasant climatic conditions can p rominently worsen the FMS symptoms. Clearly, such employees cannot meet the expectations of the employer and as such jeopardize their job. They often get dismissed from work due to their low productivity. Further, the author asserts that the patient may exhibit lack of endurance because of physical or mental fatigue. S/he may express intense deterioration of symptoms with initially tolerated amounts of mental and physical functions leading to reactive symptoms. Other sources of work disability in FMS include; the lack of endurance, the randomness of symptom dynamics on a daily and even hourly basis, as well as the incidence of delayed reactive fatigue, pain and cognitive abnormalities. This requires prolonged time in the morning for patient to get going and many require frequent rest during the day. It in turn hinders patients from embarking on regularly planned tasks that are typically necessary for work-related functions and prerequisite in the competitive labor force. Implication on education Loss of mental acuity by patient can manifest in various ways including; poor concentration; problem in making and consolidating memories; incapacity to plan tasks and increased time required to complete a task; and emotional imbalances resulting from the impairment. This means that the student who suffers this illness often perform unsatisfactorily. This serves to worsen the condition due to frustration, leading to stress. This problem usually aggravates the effects of physical fatigue. In addition, short-memory failure exhibited by the patient undermines the efficiency of a task because intentions are initiated and forgotten and much energy and time is wasted locating lost items and they constantly need to reorganize disrupted tasks. This means that students experience challenges in recalling facts, and procedures. The patients often will fail their exams and fail to progress in academics. Vocational rehabilitation in fibromyalgia patients The following factors have a significant bearing in the vocational rehabilitation of patients with fibromyalgia. They are: Disability Resells (2003), suggest that the ability of the patient to engage and function sufficiently in rehabilitation programs must be reviewed through a long period with focus on long term range collective effects subsequent to a period spent in the program and the recurrence of symptoms. Disability can emerge in the emotional, cognitive and physical realms in different proportion of activity and impairment. In this regard various factors have a bearing in FMS patientââ¬â¢s rehabilitation. They include; effects of the symptoms, lack of patient endurance, impaired neurocognitive ability, unpredictability of symptom instability, and cumulative outcome. Assessment Examination by an by accredited occupational therapist (OT) or occupational specialist who is educated on fibromyalgia syndrome, and experienced in assessing disability may be useful though the treating physician should supe rvise and coordinate any rehabilitation interventions (Resells, 2003). Patientââ¬â¢s assessment can be carried out at home or workplace. In home assessment, an OT can avail significant background information on the routine function at home, including self care, endurance, maintenance of home and so forth. The degree of function at home has direct implication for the degree of function at workplace. In this regard the OT can assist the sufferer with energy conservation values and in pacing their performance (Resells, 2003). Workplace assessment, on the other hand, affords specific information on mental, physical, social, environmental and emotional job requirements. The author suggests that the assessment ought to be done on the job place as much as possible. All jobs must be assessed for aggravators to improve ergonomics, vary job responsibilities and positions, and enable flexibility in planning if employer based on the employers cooperation. Rehabilitation potential Resells (20 03) argues that the fibromyalgia patientââ¬â¢s medical treatment must be optimized before any rehabilitation program is considered. Importantly, the treating doctor must direct and coordinate the management and rehabilitation interventions. Rehabilitation staff must be knowledgeable about fibromyalgia syndrome. Also, the Pathophysiology of the disease must be considered and reflected in the rehabilitation program. Noteworthy, the rehabilitation program must be set based on the patientââ¬â¢s general demands and routine shifts in the patientââ¬â¢s symptoms and functional limits. The patient should be given the space to exercise autonomy in regard of the pace, complexity and duration of the program. In addition the attending physician must guarantee that the patientââ¬â¢s symptoms are checked consistently to detect cumulative outcomes. Importantly, a work hardening programs which undermines the Pathophysiology of fibromyalgia and/or the patientââ¬â¢s autonomy are imprope r for the patient and will aggravate the patientââ¬â¢s symptoms and clinical condition. Conclusion Suffers of fibromyalgia syndrome (FMS), argues Levy (1999), should know how its effects can impact adversely on the patients ability to sustain steady employment. The American with Disability Act (ADA) was enacted in 1990 to address the civil rights of the disable. This act aims to level the grounds for disabilities to sustain equal participation in the society. The law prohibits discrimination of the FMS patient through job application and recruitment protocols, hiring, firing, promotion, reimbursements, training, leaves among others. Also, it concerns privileges and conditions of employment including insurance, company parking lots, and so forth. Reference list Falvo, D. R. (2005). Medical and psychological aspects of chronic illness andà disability. London: Jones and Bartlett Publishers. Ellis, L. E. (n.d). Etiology, Diagnosis and Treatment of Fibromyalgia: A Practical and Effe ctive Approach. Compelling Counseling Interventions Article 16. Web. Kosek, E., Ekholm, J., Hansson, P. (1996). Sensory dysfunction in fibromyalgia patients with implications for pathogenic mechanisms. Pain, 68(2-3), 375-383. Larsen, P. D. (2009) Illness behavior. In P. D. Larsen I. M. Lubkin (Eds). Chronicà illness: Impact and intervention. Ontario London: Jones Bartlett Publishers. Levy, A. S. (1999). The Americans With Disabilities Act: What Persons Withà Fibromyalgia Need to Know. National Fibromyalgia Partnership, Inc. McDaniel, S. H., Hepworth, J. Doherty, W. J. (1997). The shared emotional themes of illness. In S.H. McDaniel, J. Hepworth, W. J. Doherty (Eds). The shared experience of illness: stories of patients, families, and their therapist. New York: Basic Books. MedicineNet. (2011). Fibromyalgia: what is the treatment for fibromyalgia?à MedicineNet. Ranhein, M. Holand, W. (2006). Lived experience of chronic pain and fibromyalgia: Womenââ¬â¢s stories from d ailiy life. Qualitative Health Research, 16(6), 741-761. Resells, J. I. (2003). The fibromyalgia syndrome: a clinical case definition forà practitioners. Binghamton: Haworth Medical Press. Seaman, M., Lewis, S. (1995). Powerlessness, health and mortality: AS longitudinal study of older men and mature women. Social Science in Medicine, 41(4), 517-525. Shapiro, D. H., Schwarz, C. E. Astin, J. A. (1996). Controlling ourselves, controlling our world: psychologyââ¬â¢s role in understanding positive and negative consequences of seeking and gaining control. American psychologist, 51, 1213-1230.
Sunday, October 20, 2019
Bayaning 3rd World
The most common thing or if I may say the only thing that people answer when you ask them about Jose Rizal is that he is our national heroââ¬â idol and he is found in our 1-peso coinââ¬â icon. Sad to say that, in our modern times today, people have very limited knowledge about our national hero. The facts above are the only two things most of us know about Jose Rizal but for historians and experts; they have so much adjectives to connect with our national hero. Bayaning Third World, a ââ¬Å"detectiveâ⬠story about Rizal being Philippineââ¬â¢s National Hero. Commenting on the movie per se, at first I thought it was some boring documentary about Rizal but understanding the facts exposed made me interested. The film was in black and white but it didnââ¬â¢t hindered my amusement because of the funny way they presented the most serious facts about Rizal. The movie was easy to understand if you were able to read about his life story or if you have tackled his life in your Filipino or Rizal subject but if not, you may get confused. Good thing, I have read and we have tackled his life in our lectureââ¬â that helped me follow through the film. This film also highlighted Rizal being a ââ¬Å"Pilosopoâ⬠which reflected the Filipino attitude both in a good and not so good way. They also showed Rizalââ¬â¢s letters and documents which was commonly taken for granted to unveil the truth about his controversies. The movie made it ââ¬Å"viewer-friendlyâ⬠by face to face interviews with the persons involved and that is why I appreciated Rizalââ¬â¢s significant others behind their names. The main point stressed in this film was Rizalââ¬â¢s Retraction, which involved his marriage to Josephine Bracken and the rumors about her being a spy for the friars. There were many possibilities and speculations brought about in this film, which also made me, think. First point, they said that Rizal died a catholic despite of him being a mason through his signed letter, others said that the letter was real but the signature was forged given the fact that Rizalââ¬â¢s signature was easy to copy. On the other hand, some said that the letter was completely invalid and was just made by the insecure and threatened friars to destroy Rizalââ¬â¢s reputation. Second point, if you would ask me if he really retracted or not, for me, it doesnââ¬â¢t matter because as long as his death gave credence to what he believed, fought for our democracy and his convictions, Retraction really doesnââ¬â¢t make him less of a hero. I believe that Rizal only became a mason because he was against the government, which happened to be the church and vice-versa. He isnââ¬â¢t against about God and Catholicism per se but in the ââ¬Å"supposedlyâ⬠instruments of Godââ¬â¢s love and greatness which were the priests who were ruthless to the Filipino people. Also, he was against the people who sold their religion for wealth and for people who exchanged their religion for power . At the part where in Rizal almost burn the manuscript of Noli Me Tangere made me think that it was a symbol of him letting go of what he strongly believed in connection to him not involved with ââ¬Å"Himagsikanâ⬠. He became hopeless and I think he became afraid of death, probably, However, since he continued the publishing of Noli Me Tangere, I believe, he gained back his strong convictions regarding our democracy and showed his nationalism and patriotism. I thought what I know about Rizal was enough to understand his life, works and writing but having finished this independent film widened my understanding not only for Rizalââ¬â¢s positive sides but also for his flaws. Jose Rizal being a national hero considering his great influence not only in the Philippines but to other countries he had gone also with his works, the great impact he left with our history as a country and culture as its citizen, his weight to some indigenous religions also has his own flaws and faults because he is also a human being capable of doing those things. Less people know Rizalââ¬â¢s ââ¬Å"dark sideâ⬠ââ¬â controversies, I myself was one of those before I watched this film. We were focused on his good side, his achievements and contributions for the betterment of our country but having the chance to know his flaws which until now haunts him, we must understand him and not condone the fact that he was still a human being. Rizal really donââ¬â¢t want to be a hero, he just wanted to prove his great passion and love for our country. Indeed, Rizal chose to die because it was one way to give weight to his beliefs and philosophy. We all have our own Rizal. We have different perceptions and understanding regarding his life, works and writings. As for me, though he is not as ââ¬Å"perfectâ⬠as a national hero should be, I still salute and look up to him for his immense contributions and grand legacy which is applicable until now. Despite his imperfection, it didnââ¬â¢t lessen his heroism. In fact, his controversies made his life more interesting and it only made him more famous not only during his time but now and in the future generations. I didnââ¬â¢t get surprised that many critiqued his life but for me he is still the 3rd world hero of all time. How can we become Rizal in our own little ways? By following simple rules and regulations and by paying the right tax. There are a lot more and it is up to you to think of whatever way it suites you. Let us be a modern-day Rizal to continue his legacy for the future generation. Bayaning Third World is a film of substance. It is very appealing and is highly recommended for other students studying Rizal. It is effective for my learning. Even if our 1-peso coin is in constant devaluing, Rizal still remain number one in our hearts.
Friday, October 18, 2019
Research for Health Professionals Essay Example | Topics and Well Written Essays - 2000 words
Research for Health Professionals - Essay Example Therefore, basic research is undertaken to extend the base of knowledge in a discipline that helps to refine and redefine a theory (Pope & Mays, 2004). Critical Analysis Skills: Critical analysis is a multidimensional skill, a cognitive or mental process or set of procedures (Timmins, 2006). It involves reasoning and purposeful, systematic, reflective, rational, outcome-directed thinking based on a body of knowledge, as well as examination and analysis of all available information and ideas. Nursing practice mandates the use of high-level, systematic and organized critical thinking skills within the nursing process since it enhances clinical decision making, helping to identify patient needs and to determine the best nursing actions that will assist the patient in meeting those needs (Evans, 2003). Evidence-Based Practice: Nursing practice is increasingly dependent on evidence-based practice, where patient care decisions are made on the basis of the most updated and best clinical evidence. It is generally agreed that research findings from rigorous and relevant studies comprise the best type of evidence for modifying and reinforcing the nurses' decision-making processes, actions in the practice area, and interactions with clients. This indicates that nursing actions would increasingly be based on research evidences that would lead to clinically appropriate, cost-effective nursing actions with intent to producing more positive outcomes for the clients (Goldenberg, 2006). Research and Advancement in Nursing Practice: The advancement of the nursing profession would be heavily reliant on the integration of research, research outcomes, and education into the practice setting. Clinical nursing is and is expected to be enhanced by the products of research activities, development of theory and validation, identification of problems, and resolution of those based on science that is the derivative of research. This would, as expected, lead to the desired development of new nursing knowledge, advancement of health policies, and ultimately would culminate into enhancement of nursing profession (Sackett, Straus, , & Richardson, 2000). Key Elements of Literature Review: The "evidence" in the evidence-based practice is gained by systemically searching and analyzing reports of studies and research that are accessed through databases and libraries. In fact, the systemic review process is also a form of research where the reviewer develops a protocol for the review, asks legitimate questions, endeavors to glean the evidence, appraises it, and takes decisions whether the evidence is applicable in practice. In that sense, a research or literature review is not a summary of the study, rather it is a careful appraisal of its merits and flaws. A good critique objectively identifies both adequacy and inadequacy, and virtues as well as faults. This task involves a background literature review, formulating objectives and questions and describing inclusion criteria, a search strategy for the literature, assessment criteria, extraction and synthesis of data (Paterson, Thorne, Canam, & Jillings, 2001). Critical Analysis of the Literature Review In the paper, The Study of Nursing Documentation Complexities, published in
Godly Purpose Essay Example | Topics and Well Written Essays - 1000 words
Godly Purpose - Essay Example As creatures created in Godââ¬â¢s image, humans have a unique opportunity to fulfill divine purpose in their lives. Some never move beyond self-gratification and seek only to achieve worldly success measured by cultural conceptions. God created all humans in his image. This applies whether a person chooses to believe in God or not. God created humans to have a capacity for a relationship with him, to be able to think and feel affection and emotion, and with the ability to think, understand, and determine morality. From the very beginning, Godââ¬â¢s plan included humans, with a desire to create a being that could relate to him. He said, ââ¬Å"Let us make mankind in our image, in our likeness,â⬠indicating a purpose to his decisions that mankind ââ¬Å"may rule over the fish in the sea and the birds in the sky, over the livestock and all the wild animals, and over all the creatures that move along the groundâ⬠(New International Version, Genesis 1.26). One may never re alize the divine opportunity that humanity offers. Instead of embracing a life that honors God and fulfills his divine purpose, one may choose to accept a lifestyle that relies on cultural conceptions such as economics, social constructs, survival, sexuality, and self-gratification. ... not be even a hint of sexual immorality, or of any kind of impurity, or of greed, because these are improper for Godââ¬â¢s holy people.à Nor should there be obscenity, foolish talk or coarse joking, which are out of place, but rather thanksgivingâ⬠(Eph 3.3-4). In addition to identifying activity and behaviors to avoid, God also provides a guide of what he expects if one is to live in a way that mirrors his image. Through the words of Paul, he communicates, ââ¬Å"I urge you to live a life worthy of the calling you have received.à Be completely humble and gentle; be patient, bearing with one another in love.à Make every effort to keep the unity of the Spirit through the bond of peaceâ⬠(Eph 4.1-3). In Romans, one is encouraged to ââ¬Å"not conform to the pattern of this world, but be transformed by the renewing of your mindâ⬠(Rom 12.2). Throughout the Bible, God provides one with instruction and encouragement. Promises temper what may appear to be a daunting task to one encumbered by the intrinsic weaknesses and frailty of humankind. Paul communicates one such promise in a letter to the church at Corinthians, saying, ââ¬Å"And we all, who with unveiled faces contemplateà the Lordââ¬â¢s glory, are being transformed into his image with ever-increasing glory, which comes from the Lord, who is the Spiritâ⬠(2 Cor 3.18). These promises provide one with hope, even when individual choices and actions make adhering to Godââ¬â¢s design a challenge. The promises indicate that God understands and accepts the imperfections of humans as long as they are working toward his will. One must set an example for others to follow. The Bible uses the analogy of light to demonstrate how one can do this. Paul states, ââ¬Å"For you were once darkness, but now you are light in the Lord. Live as children of
Performance Management - Assessment item 1 (Essay) Essay
Performance Management - Assessment item 1 ( ) - Essay Example Performance appraisals are used to determine the quality of performance of each employee in his job. An idea as to those who have talent or need training and those who may be promoted, demoted, retained, or fired will be obtained. The transitional differences in organizations over the recent years have influenced the performance appraisal systems too to accommodate larger business opportunities and priority in the aims (Sonnentag, 2002, p. 115). Sonnentag has described performance appraisal as a ââ¬Å"generic term covering a variety of processes whereby an individualââ¬â¢s work performance is assessed, usually by that personââ¬â¢s line manager and discussed with a view to solving problems, improving performance and developing the individual appraisedâ⬠(2002, p.116). He has detailed three perspectives contributing to employee performance: the individual, situational and performance regulation. The behavior, motivational personality and the interpersonal relationships of the employees play a role in the success of the appraisal systems. The appraisal would materialize based on the organizational politics and conflict avoidance of the appraiser, the appraiseeââ¬â¢s behavior and the relationship between the two parties. The appraiseeââ¬â¢s differences in behavior change his views on the ââ¬Å"need for achievement, goal orientation, self awareness and self efficacy, self esteem, locus of control and feedback attitudesâ⬠(Sonnentag, 2002, p. 115). His performance level would depend much on his personality and mental make-up, the situational aspect where events may facilitate or obstruct his functional performance and the organizational performance regulations of goal setting (Sonnentag, 2002, p. 8). ââ¬Å"declarative knowledge, procedural knowledge and skills and lastly motivationâ⬠(1990). Campbellââ¬â¢s model was considered proficient. The
Thursday, October 17, 2019
Road user charging Essay Example | Topics and Well Written Essays - 4000 words
Road user charging - Essay Example has resulted in resistance from the public, for further increase in taxes.Ã Ã Therefore the governments have considered various alternatives to meet this infrastructure cost, since the economic development of the country hinges on the development of the infrastructure.Ã There are various attributes to road transportation such as distance in traveling, size and weights of the vehicles and the loads the vehicle carry, parking, peak hour timings, types of fuel used, traffic level, etc.Ã Developments in technology in the meantime, made the measurement of the usage with reference to various attributes, easier.Ã The equipments made available to the transport development authorities, research in transport and logistics sector, development of Global Positioning System (GPS),use wireless data technology (GPRS), etc. have refined the system of measurement.Ã This gave way to a new system to charge based on the usage of highways by various categories of the vehicles.Ã The charges based on distances traveled are in vogue in many countries, as it is felt mor e relevant, easier to implement and control.Ã Establishment of toll gates and installation of new equipments and systems at the convenient entry points is also a part of the development. Ã Ã Ã Ã A comprehensive study has been made with reference to levy of charges, the purpose of levy, its justifications and implications.Ã It is also to study the real intention of the government in introducing congestion area charging, and the efficacy of the scheme in addressing the needs or problems of the society, and to recommend the steps required to be taken to achieve the goal or objective.Ã Road use results in damage of the roads, congestions on account of traffic, pollution on account of emissions and accidents apart from normal wear and tear associated with the climatic conditions such as snow and rains. Pricing of road is a complex phenomenon.Ã Every form of
Fashion Cultures Essay Example | Topics and Well Written Essays - 3500 words
Fashion Cultures - Essay Example The essay "Fashion Cultures" concerns the culture of fashion. People judge each other through their dresses and the way they carry their clothes. People belonging to different cultural, religious, and ethnical backgrounds wear dresses, which show their personality and traditional background. This paper aims to examine the role of clothes in our society and ways different types of dresses or garments tend to portray personalities of their wearers and how other people observe people wearing particular dresses. Today, we observe people wearing several types of dresses with different designs and styles. Typically, dresses work as indicators of attributes because attires of people tell about their gender, age group, religion, marital and social status, and profession. In modern societies, clothes still work as an indicator but their sign patterns have modified. Along with the traditional presentation of attributes and belongings of people, now clothes also work as a language and speak abo ut person`s preferred style, dressing sense, and interests. Every dress and ways in which individuals carry their dresses convey some message and People have become liberal enough to select the message they want to convey to other people of the society. Clothes also provide information about financial status of a person and even the type of occasion the wearer wants to attend. Different types of attires have different impact on observers and society judges other person`s qualities and interests based on his/her dressing sense. (Feinberg,à Mataroà and Burroughs 1992). It is also believed that clothing and dressing sense of people is closely related with each other and people tend to do different roles when they wear different dresses (Fiske 2010). Additionally, other people who do not wear same sort of dresses observe others with their own perspectives. Additionally, it has also been found that the behavior and response of people towards specific dresses varies based on their cul tural rituals and societal environment. Also, religion plays an important part in molding people`s perceptions towards particular practice (Bevan and Wengrow 2010). For this paper, we have selected three popular dresses of the world, whichà showà cultural identity, behavior of the people who wear them, and response of those whoà observe others wearing specific attires andà build a perception of the identity of the wearers.à Selected Attires: Attires selected for this paper to illustrate the role of clothes and their influence on people`s behavior and observation include jeans, sari, and veil or scarf. Jeans: More than hundred years ago jeans was invented and the Americans were the early adopters of the jeans. Jeans is made up of stiff cloth material which is also for designing different other types of dresses such as pants, shorts, skirts, and jackets, but when we talk about jeans in simple terms it means jeans pant, which has given rise to its other forms (Bevan and Weng row 2010). Initially, the jeans was introduced for cowboys and workers especially those who used to work in factories because of its sturdy material. With the passage of time the jeans became popular
Wednesday, October 16, 2019
Performance Management - Assessment item 1 (Essay) Essay
Performance Management - Assessment item 1 ( ) - Essay Example Performance appraisals are used to determine the quality of performance of each employee in his job. An idea as to those who have talent or need training and those who may be promoted, demoted, retained, or fired will be obtained. The transitional differences in organizations over the recent years have influenced the performance appraisal systems too to accommodate larger business opportunities and priority in the aims (Sonnentag, 2002, p. 115). Sonnentag has described performance appraisal as a ââ¬Å"generic term covering a variety of processes whereby an individualââ¬â¢s work performance is assessed, usually by that personââ¬â¢s line manager and discussed with a view to solving problems, improving performance and developing the individual appraisedâ⬠(2002, p.116). He has detailed three perspectives contributing to employee performance: the individual, situational and performance regulation. The behavior, motivational personality and the interpersonal relationships of the employees play a role in the success of the appraisal systems. The appraisal would materialize based on the organizational politics and conflict avoidance of the appraiser, the appraiseeââ¬â¢s behavior and the relationship between the two parties. The appraiseeââ¬â¢s differences in behavior change his views on the ââ¬Å"need for achievement, goal orientation, self awareness and self efficacy, self esteem, locus of control and feedback attitudesâ⬠(Sonnentag, 2002, p. 115). His performance level would depend much on his personality and mental make-up, the situational aspect where events may facilitate or obstruct his functional performance and the organizational performance regulations of goal setting (Sonnentag, 2002, p. 8). ââ¬Å"declarative knowledge, procedural knowledge and skills and lastly motivationâ⬠(1990). Campbellââ¬â¢s model was considered proficient. The
Fashion Cultures Essay Example | Topics and Well Written Essays - 3500 words
Fashion Cultures - Essay Example The essay "Fashion Cultures" concerns the culture of fashion. People judge each other through their dresses and the way they carry their clothes. People belonging to different cultural, religious, and ethnical backgrounds wear dresses, which show their personality and traditional background. This paper aims to examine the role of clothes in our society and ways different types of dresses or garments tend to portray personalities of their wearers and how other people observe people wearing particular dresses. Today, we observe people wearing several types of dresses with different designs and styles. Typically, dresses work as indicators of attributes because attires of people tell about their gender, age group, religion, marital and social status, and profession. In modern societies, clothes still work as an indicator but their sign patterns have modified. Along with the traditional presentation of attributes and belongings of people, now clothes also work as a language and speak abo ut person`s preferred style, dressing sense, and interests. Every dress and ways in which individuals carry their dresses convey some message and People have become liberal enough to select the message they want to convey to other people of the society. Clothes also provide information about financial status of a person and even the type of occasion the wearer wants to attend. Different types of attires have different impact on observers and society judges other person`s qualities and interests based on his/her dressing sense. (Feinberg,à Mataroà and Burroughs 1992). It is also believed that clothing and dressing sense of people is closely related with each other and people tend to do different roles when they wear different dresses (Fiske 2010). Additionally, other people who do not wear same sort of dresses observe others with their own perspectives. Additionally, it has also been found that the behavior and response of people towards specific dresses varies based on their cul tural rituals and societal environment. Also, religion plays an important part in molding people`s perceptions towards particular practice (Bevan and Wengrow 2010). For this paper, we have selected three popular dresses of the world, whichà showà cultural identity, behavior of the people who wear them, and response of those whoà observe others wearing specific attires andà build a perception of the identity of the wearers.à Selected Attires: Attires selected for this paper to illustrate the role of clothes and their influence on people`s behavior and observation include jeans, sari, and veil or scarf. Jeans: More than hundred years ago jeans was invented and the Americans were the early adopters of the jeans. Jeans is made up of stiff cloth material which is also for designing different other types of dresses such as pants, shorts, skirts, and jackets, but when we talk about jeans in simple terms it means jeans pant, which has given rise to its other forms (Bevan and Weng row 2010). Initially, the jeans was introduced for cowboys and workers especially those who used to work in factories because of its sturdy material. With the passage of time the jeans became popular
Tuesday, October 15, 2019
How Does Steinbeck Presents Curleys Wife in of Mice and Men Essay Example for Free
How Does Steinbeck Presents Curleys Wife in of Mice and Men Essay Curleyââ¬â¢s wife is a significant personality in the novel. John Steinbeck presents her in different ways during the novel and uses different methods to influence the readerââ¬â¢s judgement, for instance through her look, as she is a complex character. Significantly Steinbeck makes it clear that nurture turns her into the person she is in the novel, her nature is different. He uses language to show us who she is as revealed by colour and light symbolism; incongruity of her appearance and the setting; simile. For the majority of the book she is labelled in a negative way as a treacherous, kittenish character which could be interpreted as a replication of the way civilization observed the character of women in the novel. Sometimes, Steinbeck includes thoughts denouncing Curleyââ¬â¢s wife. He also points out some of her good qualities. Due to this, readers can interpret for themselves if Steinbeck thinks highly of her, or if he does not like her. Nevertheless later in the book Steinbeck deploys the reader into seeing her as complex, and feeling consideration for Curleyââ¬â¢s wife; revealing her as a victim, anxious and secluded in a manââ¬â¢s world. Although he may go back and forth on Curleyââ¬â¢s wife, in the end, Steinbeck is mainly condemning her. Steinbeck explores her as attractive towards man through her beauty and an attention seeker. In the passage the first words that Steinbeck uses are that ââ¬Å"Both men glanced up,â⬠and through this we are introduced to Curleyââ¬â¢s wife through her effect on men and not through any notion of herself, which Steinbeck does to show us she is only worthy for the use of men. The word glanced up shows that she want men to look at her for she is has the beauty of an actress. Not extended moment when Steinbeck exaggerates ââ¬Å"the rectangle of sunshine in the doorway way cut off. â⬠Here, Steinbeck uses the light symbolically to highlight how imposing she is and present the idea that she is the obstacle to a better life. The image of Curleyââ¬â¢s wife casting a shadow across the bunkhouse hints at trouble to come later in the novel. It soon becomes apparent that Curleyââ¬â¢s wife is an outsider of the group when it states, ââ¬Å"A girl was standing there looking in,â⬠hence is a metaphor for the segregation she senses. It could be insightful of the gender roles at the time; women were only desired for menââ¬â¢s erotic desires rather than their company. One could also deduce it as how likewise to a ââ¬Ëgirlââ¬â¢, (which she ironically is no longer), she is in search of thoughtfulness and requires all eyes to be on her by standing in the sight of the whole world and might be realised as attempting to listen in on their conversation ââ¬â both very juvenile schemes. Therefore Steinbeck presents Curleyââ¬â¢s Wife in ââ¬Å"Of Mice and Menâ⬠as someone who is very eye-catching and courtesy inquirer. On the other hand, he portrays her as isolated and discriminated by men as she is excluded for being female, which sometimes lead to violence. This is illustrated when she is called ââ¬Ëtartââ¬â¢, ââ¬Ëjailbaitââ¬â¢, and ââ¬Ëbitchââ¬â¢ by the men on the ranch; henceforth the ranch is a very hostile and misogynistic place. Curleyââ¬â¢s Wife is an outsider and seems very out of place. She is frequently found in examine for companionship on the ranch as her recently found marriage does not give her the warmth she desires, as she states to Lennie ââ¬Å"I donââ¬â¢t like Curley he aint a nice fella,â⬠and due to this she often tries to cooperate with the other men although she is never allowed as they think a ââ¬Å"ranch aint no place for a girl. â⬠Carlson also states of how a ââ¬Å"women should be at home where she belongs. â⬠The fact that she is excluded from a place of physical work is symptomatic of how women were exposed during the 1930ââ¬â¢s. They were not predictable to do work, but in its place stay at home and raise a family. Curleyââ¬â¢ wife feels apprehensive because of the solitude she feels and it is made clear she is exasperated with this condition, ââ¬Å"none of them care how I gotta live. â⬠Nonetheless, the reader is presented with a side to an apparently playful and occasionally vindictive character. In chapter 5, Steinbeck permits Curleyââ¬â¢s Wifeââ¬â¢s character to eloquent emotions of loneliness, ââ¬Å"I get lonelyâ⬠and ââ¬Å"I get awful lonelyâ⬠. The use of repetition is used to give emphasis to the remoteness and frustration of not being able to talk to ââ¬Å"nobody but Curleyâ⬠, her hindrance which incessantly exteriors as she speaks to Lennie. Moreover, for the period of the scene Steinbeck describes as such ââ¬Å"And then her words tumbled out in a passion of communication, as though she hurried before her listener could be taken awayâ⬠. The word ââ¬Å"tumbledâ⬠recommends her frantic need to communicate to people, at the same time as the expression ââ¬Å"passionâ⬠demonstrates her authority and strength needed to interconnect. Yet, what is predominantly conspicuous is she is used to people walking away from her when she speaks, this generates such consideration for her. In this chapter she is also presented as a moderate and approachable character, as Steinbeck describes ââ¬Å"she consoled him. ââ¬ËDonââ¬â¢t you worry anyââ¬â¢ [â⬠¦] she moved closer to him and spoke soothingly. â⬠The fact that she spoke ââ¬Å"soothinglyâ⬠suggests that she has a kind nature, and asked in a maternal way when Lennie needed such gentleness. The reader can then relate this sudden behaviour transformation and her upcoming, but the syrupiness she bounces off blurs the readerââ¬â¢s sight to floral it. All the way through the novel as similar to Crooks, Curleyââ¬â¢s Wife is not named. This highlights her lack of identity on the ranch and how she is viewed as the property of her husband as well as the word ââ¬Å"liveâ⬠indicates that she also is a living human being who wants to fulfil her dreams and desires but it would be impossible for her. As a result of her insecurities, she tries to combat her loneliness and sequestration by resorting to violence. Her vicious attacks on Crooks to getting him ââ¬Å"strung up on a treeâ⬠and the attacks on Lennie due to his mental disability show how loneliness can not only change a person, but destroy them. All of the emotions Curleyââ¬â¢s Wife encounters come as a result of the loneliness she feels, and these clearly represent of what a terrifying character she is. Therefore Steinbeck describes Curleyââ¬â¢s wife as isolated and discriminate due to her gender of a female throughout the novel. Equally, at the end of the novel, she is presented as innocent and purified from all the trouble through the description of her appearance. This can be seen in chapter 6 when Steinbeck explains ââ¬Å"Curleys wife lay with a half-covering of yellow hay. And the meanness and the plannings and the discontent and the ache for attention were all gone from her face. She was very pretty and simple, and her face was sweet and young. Now her rouged cheeks and her reddened lips made her seem alive and sleeping very lightly. The curls, tiny little sausages, were spread on the hay behind her head, and her lips were parted. As happens sometimes, a moment settled and hovered and remained for much more than a moment. And sound stopped and movement stopped for much, much more than a moment. â⬠From this passage, the reader can acknowledge the real Curleyââ¬â¢s wife but at the same time feel sorry for her as her dream was unfulfilled. The phrase ââ¬Å"meanness ( ) plannings (â⬠¦) discontent (â⬠¦) were all gone from her faceâ⬠shows that she is no longer vicious and dangerous as all the negativity vanished. Most importantly the phrase ââ¬Å"roughed cheeks and reddened lipsâ⬠conveys that her dream is unfulfilled and the repetition of ââ¬Å"stoppedâ⬠to emphasise stillness and the feelings of time standing still. Therefore Steinbeck does not present her as a negative character, but at the time of her death he shows the reader the real her as it was not her nature but nurture that made her what she was. In contrast Curleyââ¬â¢s Wife at first is portrayed as a revolting unpleasant woman. Curleyââ¬â¢s Wife is described by Steinbeck many times as ââ¬Å"roughed lips and wide-spaced eyes. Her fingernails were red. â⬠this causes the reader to think of her as he says so. Nonetheless, despite these brutal views of her, the reader is presented with a side to a seemingly flirtatious and sometimes malevolent character. The repetition of the colour ââ¬Å"redâ⬠denotes the fact that she is very dangerous and cause lot of trouble as the colour red is frequently associated to blood and murder which foreshadows the scenes later on in the novel. An alternative interpretation could be that red is also represent as the colour of love and she is wanting to be love, but many readers would link it to her actress personality as most actress love to dress a lot. Not so long, Steinbeck describes her hair as ââ¬Å"her hair hung in little rolled clusters, like sausages,â⬠and this simile shocks the reader because sausages are disliked and filthy, so linking it to her means that she is also disliked. Furthermore as sausages do not match with hair, the same way she is not suitable for a place like the ranch. Therefore Steinbeck portrays Curleyââ¬â¢s wife as a woman who is dangerous and disliked by linking her with words that supports the point. John Steinbeck points out many flaws in Curleyââ¬â¢s wife. For example, he does this when he writes, ââ¬Å"she leaned against the door frame so that her body was thrown forwardâ⬠(Page 51). In this statement, Steinbeck is pointing out that Curleyââ¬â¢s wife always tries to instigate something. He also describes her body image and how provocative she is, always looking for attention. Steinbeck says many more things to condemn Curleyââ¬â¢s wife, but that is not all that he says about her. Steinbeck also defends Curleyââ¬â¢s wife. He writes of how lonely she is, and describes her as innocent as the rabbits and puppy killed by another character, Lennie. For instance, Curleyââ¬â¢s wife says, ââ¬Å"Think I donââ¬â¢t want to talk to somebody everââ¬â¢ once in a while? Think I like to stick in that house alla time? â⬠(Page 77). In this statement, Curleyââ¬â¢s wife implies that she is tired of being lonely and wants to talk to other people. As much as Steinbeck appears to flip-flop on his view of Curleyââ¬â¢s wife, readers can draw different conclusions.
Monday, October 14, 2019
Types Of Securitization Instruments Finance Essay
Types Of Securitization Instruments Finance Essay Securitization defined as process by which loan is made into tradable security. It becomes tradable security when against it any negotiable instrument or bill of exchange is issued which is backed by the loan or receivables Securitization generally refers to the sale of assets, which generate cash flows, from the institution that owns them, to another company that has been specifically set up for the purpose, and the issuing of notes by this second company. These notes are backed by the cash flows from the original assets. The institution is called originator which issues the the same and own the assets backed by it. Another party to it is Special Purpose Vehicle which purchases the assets and that generate cash flows. The special purpose vehicle will hold the assets that are sold by originator to SPV as collateral which are later sold to investors. Structure of Securitization : The receiver of high net worth receivables sell them to specially formed company named Special Purpose Vehicle and it sells the same to other investors as sale mode transaction against the collateral of receivables. The SPV provides the security to investors in the process by issuing special note or bond or borrowing from bank as security to investor. The SPV pays the servicing fee to it and authorizes the originator to collect funds on behalf of special purpose entity which is used to pay the principal and cost of it for the funded loan. The proceeds are latter invested to earn return. The SPV is not the subsdiary of origniatory thus it is not the company whose shares are held by originator but the charitable trustee or any other than originator. To ensure the recieavles will be sufficient to repay the amount owed to investors on time, other arranegments are made to ensure sufficient liquidity in the process like Credit Enhancement or guarantee by third party or subordinated loan Rating agency often rates the note receivables or the process.The higher the rating, the higher would be funds obtainable. The SPV that generates the income through additional money earned through recieavles to originator to earn profit. SPV pays the same to originator as the fees Below is a figure which perfectly complements our summary: The originator is very important element of this process because it can be real person or legal one which basically initiates the process by sorting out the assets which are to be securitized against the same. Motives for Securitization: Advantages to issuer Funding cost: Depending upon the rating of the fund, cost of fund is charged at low. For Instance a cash flow is rated AA and second one is rated BB , the one with AA ratting will be charged lower than the latter one. Reducesà asset-liability mismatch: From the financial funding exposure point of view , securization offers great opportunity to elimate the issue of duration and pricing concerns at large.Securization offers high cost saver to issuer. For instance banks can utilize it efficiently because they have a large amounts of recievales and collaterials as securities thus they can issue securities backed by these assets and let them to be self funded asset book. Lowerà capitalà requirements: There are very stiff requirements of the regulatory and legal pertaining to leverage capitalization. The recieavles and assets under securization will considered earning assets and thus removing from balance sheets for accounting purpose. Profit: Given the fact that the specific business block for whose profit is not certain or not yet emerged then the assets of those can be securitized and immediate cash flow can be realized and thus locked in profit for this block results. Transfer of risk:à Securitization process makes it easy to transfer the credit, liquidity reinvestment easy to transfer to those who accept it on condition to receive profit. Off balance sheet: Securitization as implied by derivates which are referred as off balance sheet items which classifiy the same as zero sum impact on balance sheet. There is general requirement internationally that records the derivatives at fair value in the financial statements i.e Balance sheet. Earnings: Securitization makes the oringinator capable to bounce back without addition to the firm whereas the true sale takes place between the orginiatory and special purpose entity.It is to highlight that the earnings of the SPV increase the wealth with parent company. Admissibility of bad debt: Future cash flows may not result in perfect recovery because there is also some bad debt in the receivables. Securitization thus makes it possible to get the immediately cash against those too in advance. Liquidity: Securitization simply provides you the future cash flow now thus increasing the liquidity with the company.Thus it will be available with the company to spend and make investment from the same amount thereby increasing the reinvestment return Disadvantages to issuer May reduce portfolio quality: If the AAA risks, for example, are being securitized out, this would leave a materially worse quality of residual risk. Costs:There are costs involved in the securization process raning from legal fees, system cot, rating cost, underwriting fees and administrative cost. Size limitations: It involves huge amount of funds to structure the same to be efficient if otherwise the funds are less then the process with lesser funds. Risks: It is structured transaction thus it is vulnerable to risks such as prepayment, credit loss and reinvestment Advantages to investors A chance to earn higher rate of return It usually involves high quality assets back because there are very stiff requirements for securitization process, such as attaining high ratings, maintaining liquidity and diversified portfolio. Portfolioà diversification: It is worth narrating here that large institutional investors and corporate investors tend to invest in the securitized funds because returns from their this investment is not related to their equity or bond side investment due to un-correlation between the investment portfolio in the market. Isolation of credit risk from the parent entity: Securitization process desegregate the parent and SPV rating. Regardless the companys rating; SPV may be issued separate rating. Suppose the banks rating is not good but the portfolio of borrower of bank is of high quality thus there are less chances of default of the same and investors in securitized asset are more willing to have them in their portfolio. Risks to investors Liquidity risk(Credit/default) Defualt risk meant inability of borrower to repay the principal and interest payment on due period of time. An indicator of securitys high risk is its credit rating or credit worthiness. High risky portfolio of borrowers receives lower ratting then those of ones with less risky portfolio. Prepayment/reinvestment/early amortization: The securitized assets are always prone to early amortization and reinvestment risk. These risks arises out of huge payouts of the borrowers thus causing premature confession of liability and affecting the rate of return. This also affects the gap between the spread that bank pays and collects from borrowers and investors respectively. Contractual agreements: It is generally perceived that the manager who deals with investors and quote the rate which is solely dependent upon the performance of the underlying asset. Now question arises if the underlying assets become risky from the investors perspective i.e default ratio or high bad debt ratio then the price of portfolio. Types of Securitization Instruments Pass Through Securities: PTS is also called Participation Certificate because it bears ownership of the investors in the underlying asset. The amount received on account of the period payments including principal and interest payment which is collected by SPV and is passed on to the investors. Tranched Securities: In this type of security, the amount received as cash flows in tranches and the same is received as first priority with subsequent payments in latter tranches. Planned Amortization (PAC) Tranches: It is a type of security in which sinking fund is created which controls the prepayments that are beyond the limit thus ensures the stability of cash flows. This offers lower yields while comparing them with those without sinking fund. Z-Tranches or Accretion Bonds: In this type of security, interest payment is not paid in the period in which accrued interest is higher in lock out period. Once the period is over, it starts paying out the interest payments and principal. Principal Only (PO) Securities: These type of securities are issued on discount such as T-Bills. Thereof investors receive their principal in installments. The bonds are issued at huge discount rate and thus remaining amount is paid till the differential payment is made till the face value. Interest Only (IO) Securities: These type of securities have no any specific face value thus they offer only interest components to the investors while cash flows diminishes and is repaid. Floater and Inverse Floater Securities: They are securities which pay interest payments which is dependent upon the performance of any index or benchmark i.e Kibor. Floater and Inverse floater are two opposite type of securities. In Floater, the interest payment moves in exactly the same direction as benchmark rate moves and opposite is true for Inverse Floater securities. Types of Securitization Structures There are several types of Securitization structures: type of securitization structures include: Cash vs. Synthetic Structures: Cash structure is the worlds most followed structure in this field of specialization. In cash Structure, originator sell its assets in exchange of cash immediately. In Synthetic structure, the originator keeps the title with itself and investment is unaffected on the assets. In simple words, he does not put their assets on sale rather the risk/reward is merely transferred being derivative transaction. True sale and Secured Loan Structure: In true sale structure, originator sale the assets in true sprit which involve transfer of title and legal interest in the assets. In SLS, issuer takes the secured lending as loan. Fixed and floating charges are issued to investors to protect their stake and rights over the undertaking of issuer and trustee is empowered to take the possession of assets. Pass Through vs. Collateral Structure: The SPV issues participation certificates to investors that represent the direct participation of them thus they are exposed to performance of assets. Investors receive return when there is any cash generation from those assets and so is true for risk involved in these assets.To mitigate the risk of delay payment credit enhancement is opted. Pay through/Collateralized mortagge obligation(CMO) is another name of collateral structure in which SPV keeps the assets with it whereas charge is given to investors only not the assets. The special purpose entity issues the debt against those assets which are transferred by issuer. Discreet Trust vs. Master Trust: It is a type of structure in which Special purpose vehicle identifies a specificil pool of assets for investors to participates and thereby earn from cash flow pool thus it is called discreet. While Master trust is creation of larger fund backed by many pools which are transferred for several investors in which funds raised are not greater than the assets transferred this also covers the repayemtn structural and tenure issue to reciprocate. Conduit vs. Standalone Transactions: In this type of structure the purchaser or originator collects the assets from different orignators and keeping them backed to debt he issues commericial paper. It is for short term duration and thus it requires short term financing frm the banks. In stand alone strucute, the conduit sources the assets from single originator thus securities are issued keeping in view the maturity of asset pool. ISLAMIC SECURITIZATION Islamic securitization can best be defined as process which satisfy the conventional asset backed securitization and parallel adherence to Islamic laws of economic finance.The rights of cash flows are transferred to SPV from originator thereby issue notes to investors as sold. In this system, SPV becomes the trust and thus holds the assets in capacity of fund manager. The security issued through Islamic securitization is called Sukuk in official terms which is issued by SPV and the income is derived from the funds being received against the funds hold as underlying asset. Islamic finance encourages dealing in assets not the cash as commodity, therefore it is permissible under Islamic finance to securitize the assets provided they adhere to the guidelines of Islamic Finance. The theme is that Islamic securitization can replicate the process of conventional securitization with joint supervision of Shariha and Fund manager.If any thing which is not in compliance to Islamic law then regardless if the process is crystal clear, the securitization stands null and void in the eyes of Shariha. For example, if underlying assets are credit cards and conventional mortgages and income from them will be shared with investors soon shall it realized, the process is null as credit cards income do not comply with Shariha because it has interest bearing instruments attached with it. If investors are investing in assets then the ownership of the same be transferred to them too if it has to comply with Shariha guidelines.It must be noted that transfer of title to assets is not necessary or compulsory but the rights to collect them, access them and right to know them is given to investors that justifies the shariha rules. Investors are supposed to bear risk of loss and profit to underlying asset as they are enterning into ownership contract. Adapting the Principles of Islamic Finance to Securitization Islamic securitization requires two stage evaluation.Firstly Shariha compliance of assets/portfolio and returns from the same, secondly the structure of transaction which includes credit enhancement and liquidity management. The first standing principle is simple Islamic securitization in no way accepts the income that involves interest bearing. It has to be structured in such a way that the investors are exposed to some sort of business risk in relation to their share in investment. Therefore it is made compulsory for the investors that the return must be commensurate to the risk they bear. Islam disallow debt trading, management of prepayment risk and other conventional tools which can cause customers who are income only-centered not to invest with them. Shariha requires procedural and objective evaluation of securitization process to carry on process and prohibits elements of gharar, interest, haram and encourages real economic participation with mutual risk sharing, profit sharing and benefit of entire society. Securitiziation has to adhere to following princples of Islam to be shariha compliant: The purpose of raising funds through securitization must be genuine as not to defraud the investors. And the assets which are under lying in the process must be clearly identifiable and revenue from them must be separable from those which are not under umbrella of securitization. The assets under consideration must not be consumable. Each investor must receiver their share commensurate to their share of investment and risk exposure in the assets. Therefore if assets earn profit, that is sharable other wise you can not fix the rate of return on their investment. The security must not be backed bu the debt or prohibited activity as prohibited by Shariha. It must not be involved in any kind of haram, unethical or exploitation of natural resources with or without non-productive investment The transaction must involve the risk factor and not just the mere return. It must involve compensation for the investor and exposure to risk in the assets under securitization.It must not hold debt as underling security and mere exchange of money and interest on that. It means transaction must not be mere debt and risk free exchange of return. Investors must hold unsecured payment obligation and that be unconditional investment. The principal cannot be guaranteed that the same will be redeemed in full or in part. Investors must be given hand in the ownership of underlying assets The proceeds from investors can not be invested in cash based instruments or interest bearing notes. Without any exception, even the return from that can not be reinvested in any short term cash based instruments or interest based debts(bonds). The turnover must be kept low to avoid any un-utilization of assets.Speculation of underlying assets and payment obligation is to be prohibited without any exception. Islamic takaful should be sought instead of conventional insurance for the credit enhancemenet and liquidity management. There must be Transfer of ownership and direct participation in the assets Exclusive linkage between the cash flows and underlying asset has to be developed. Islamic scholars are of view that credit enhancement be allowed on condition that does not change the over all structure of securitization process. In conventional securitization there is tranche subordination which is not allowed in Islamic law but there is option in Islamic Law the lease-buyback(Ijaraha) transaction. The issuer gives partial ownership rights of underlying assets to investors with respect to risk exposure of their investment in the portfolio thereby leasing back the same in exchange for fixed rental payments which is conditional on repurchasing the portfolio at already specified price on future date. This covers the reinvestment risk of the portfolio. Islamic finance ruled out that interest bear financing instruments are allowed on the basis of partnership not on interest bassis. The point is to refute the concept of interest in all the ways. It is creation of sukuk which shows evidence of ownership on assets i.e tangible and intangilble, fixed or revolving what ever they be but must be productive cash flows within finite period of time. Structure of Islamic Securitization There are following parties involved in the Islamic securitization transaction process. The Originator: It is the issuer of sukuk and is authorized to use the funds against selling of assets to SPV. It may delegate any other institutuons to carry on the issue as under writer. SPV: It is referred as Issuer of the securitization issue. It is entitity established to manage issue and purchases the assets from originator from the funds thereby issuing sukuk. Investment banks: They are agents and underwriters of the sukuk. They manage to raise funds on commission only base. Subscribers of Sukuk : They can be like any thing for instance banks, non financial institutions who basically invests in the sukuk. In its basic concept, originators would sell existing or future revenues from lease receivables (asset-based), sale-back profit (debt-based) or private equity from a portfolio of Islamically acceptable assets to a special purpose vehicle (SPV),30 which refinances itself by issuing unsecured securities to market investors, who are the capital market corollary to a singular lender in Islamic finance (see Figure 3). They assume the role of a collective financier whose entrepreneurial investment does not involve guaranteed, interest-based earnings. If we look at the structure of both conventional and Islamic securitization there it can be depicted there exists no any difference from structural point of view involving parties to it. Originator sells the assets (existing or future ) from a portfolio of Islamically aacceptable assets to SPV, which then refinance itself by issuing securities to investors that are unsecured by nature. The proceeds are then passed on to originator. Like in Ijara sukuk, SPV raises funds to purchase the assets and the same must be equal to purchase price. Investors have equity interest in the SPV in Ijaraha sukuk structure in other words they have direct ownership in the assets. The SPV thereafter leases back to originator. SPV must match the payments with its obligation under Ijarah sukuk and it receives lease payments from seller. Upon maturity, special purpose entitity redeems the assets to originator and liabilities are deducted at source because they are owned by SPV.If any portion of income earne d is categorized as haram or unethical then the same be given in charity without any objection to it. Figure Process of Islamic securitization: Following figure depicts the process of Islamic securitization based on Ijaraha: Islamic securitization will best be categorized as monetization of assets underlying in the securitization process where as conventional counter parts best be defined as mere sale of debts. The process of issuing sukuk is kind of sale of share in assets. Islamic alternative offers almost the same benefits as conventional ones have to offer for instance enhanced asset liability management, term structure transformation, better management and control over assets.
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