Monday, December 30, 2019

Emotional Intelligence On The Field Of Teaching Is Vital

Emotional Intelligence in the Field of Teaching is Vital! Social cognition is found early in an infant life. The young child becomes aware of emotional development in play, even before knowing how to communicate using words. â€Å"As preschoolers develop language abilities, they become able to understand the perspective of others which leads to changes in social behavior including an increase in empathic and prosocial behaviors† (Zelazo). The first years of a child’s exposure to formal education is important for a teacher to show emotional intelligences towards the student. What defines a successful teacher is one who cares about the students emotions and not just focused on the curriculum. Lack of proper emotional development because the†¦show more content†¦All teachers should know that each student learns in a different way. Throughout elementary schools, teachers should not just give a lecture on a topic, but make it visual and/or kinesthetic. An effective teacher is someone who uses emotional intelligence as part of their lesson plans which means caring for the students’ feelings and needs. Expressionism is a key factor when teaching students. When learning a lesson, a teacher may just have a monotone voice give minimal assignments instructions, and no emotional attachment for what is being taught. An example of this would be; â€Å"Today student write a book report on Thomas Jefferson.† Example of an emotional intelligent teacher, who would give an assignment this way; â€Å"Good Morning Students, today we are going to write a book report about one of my favorite presidents. He wrote The Declaration of Independence, was a brilliant inventor, and believed in freedom and justice. He was one of the Founding Fathers of our country. Our third president, Thomas Jefferson!† This teacher shows much emotional involvement to this president which translates in getting her students interested about writing this book report . Another quality of an emotional intelligent teacher is conscious of student’s possible home problems. They are on the lookout for any Child Abuse, getting bullied by other students, parents going

Sunday, December 22, 2019

Things Fall Apart - by Chinua Achebe (Diverse Cultures Essay)

Things Fall Apart by Chinua Achebe a) Describe in detail your impression of Okonkwos character having read part one of the novel. b) What is Okonkwos response to the arrival of the white man, and how does he cope with the changes that come about under the influence of a different culture. c) Describe your own reaction to Okonkwos actions at the close of the novel. a) Okonkwo is a senior member of the Ibo tribe in Nigeria at the end of the last century. He is an extremely complex character, and in my opinion has two very different sides to his personality. On one hand, Okonkwo is seen as a powerful, respected man, who is well known throughout his home village of Umuofia and beyond. He is a brave fearless warrior, who as†¦show more content†¦He expects them to all grow up to be brave fearless warriors, rather like himself. He also tends to compare himself to his sons too much, which is not entirely fair, as he lived in such different circumstances from them, and had to adapt to a much harder way of life. This results in his children not having a very good relationship with him. In fact, they are quite terrified of him, and it does not require much imagination to see why. His relationships with his wives are not any better, as he has very sexist ideas as to how relationships between husband and wife should be. He believes them to be the inferiors of men, and acts in a very impatient and rude manner towards them, treating them with no respect whatsoever. Nevertheless, I am sure that he cares for them in his own way, but being Okonkwo, does not have a very good way of expressing it. However, it is not entirely Okonkwos fault that he thinks in this way, as the society in which he lives imposes such narrow minded views as to how a woman should behave towards and be treated like by her husband, so he sees the way in which he treats his wives as commonplace, and sees nothing wrong with it. Regarding the laws and religions of his clan, Okonkwo tends to adopt the views of the majority, and has an inclination to follow them blindly, without much thought. He is completely against individuality and new ideas, and believes very strongly in the old way of going about things. He is not one to ponder uponShow MoreRelatedThings Fall Apart by Chinua Achebe1324 Words   |  6 Pages Chinua Achebe chose to write his novels in English to reveal a deep response of his people to colonisation and to make that response understood to people all over the world. Things Fall Apart was written in English to teach people worldwide of the struggles he faced and the people of Nigeria faced growing up. Many authors and critics have written about Achebe’s ‘Things fall apart’ adding their valued opinion on what he was trying to say and his decision to write in English. In the followingRead MoreDefinition Of African Literature879 Words   |  4 Pagescomplex and transcends race, culture, languages, and borders. African literature  has  with many elements, forms, meanings, and themes that shape its  social experiences and literary traditions which makes defining it a difficult task. Social experiences are a large part of a person’s life and these experiences  are reflected  in an author’s works. Many African writers decide to write about African experiences in order to correctly and genuinely depict the African culture. As  Helon  Habila  states in herRead MoreThings Fall Apart By Chinua Achebe2361 Words   |  10 PagesThings Fall Apart Book Critique Things Fall Apart by Chinua Achebe is a historical fiction novel describing the life of Okonkwo in a Nigerian village succumbing to European ways, in order to portray Achebe’s view on imperialism. It was chosen for us to read by our teacher because it describes imperialism and its effects in an Ibo village of Nigeria. It also shows the treatment of natives by the Europeans and how the natives reacted. Things Fall Apart is useful to our course of studies because itRead MoreChinua Achebe s Things Fall Apart1183 Words   |  5 PagesChinua Achebe, a Nigerian novelist, once said, â€Å"When suffering knocks at your door and you say there is no seat for him, he tells you not to worry because he has brought his own stool.† In his novel Things Fall Apart, Achebe depicts the impact of one story on the Igbo society, how stereotypes heavily influenced the perspective of the Europeans who came to exploit Africa, and how Africans struggled to get their voice heard. The novel is ab out a violent and independent man named Okonkwo, and how hisRead MoreNegative Effects Of Colonization Essay1217 Words   |  5 Pagescontrol over the indigenous people of an area† (Oxford Dictionary Online). In many cases, this has been extremely detrimental to cultures of other civilizations. Culture is â€Å"the customary beliefs, social forms, and material traits of a racial, religious, or social group† (Merriam Webster Online). The overly ambitious use of colonization has not only stripped people of their culture and identity, but caused more harm than help. Many factors can influence colonization, including overpopulation, economicRead MoreThe Heart Of Darkness And Things Fall Apart1585 Words   |  7 PagesKirkus review speak about Things Fall Apart, â€Å"This book sings with the terrible silence of dead civilizations in which once there was valor.† This novel is the incredibly powerful story of an Ibo Brave Man, Okonkwo, and his tribe’s fall fromgrace. It is impossible to read this novel without feeling the powerful passion, tragedy, and courage involved in the story. The Guardian says of Heart of Darkness, â€Å"Despite his protestations, this is undeniably an invaluable historical document offering a glimpseRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesPublic Memories Tiffany Ruby Patterson, Zora Neale Hurston and a History of Southern Life Lisa M. Fine, The Story of Reo Joe: Work, Kin, and Community in Autotown, U.S.A. Van Gosse and Richard Moser, eds., The World the Sixties Made: Politics and Culture in Recent America Joanne Meyerowitz, ed., History and September 11th John McMillian and Paul Buhle, eds., The New Left Revisited David M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A Political

Saturday, December 14, 2019

A Report That Examines The Role Of Expert And Lay Knowledge In Understanding And Managing Risk Free Essays

This report is going to examine how risks we face in our daily lives rely on different forms of knowledge to create an understanding of them and their consequences. This report will examine how people use expert and lay knowledge about risks in order to live with them. A brief description of risk is provided. We will write a custom essay sample on A Report That Examines The Role Of Expert And Lay Knowledge In Understanding And Managing Risk or any similar topic only for you Order Now The discussion focuses on how we live with risk and interpret expert and lay knowledge regarding risk and risk avoidance. It is also suggested that people make their own choice as to what and how they use information and to what degree of risk they consider acceptable in their lives. This is influenced by the knowledge they have and how they interpret that. Clearly an expert will be in a stronger position to accurately assess risk compared to a lay person. 1. Expert Knowledge – someone that has knowledge, skill and is qualified in a particular subject. 2. Lay Knowledge – someone who does not have specialized knowledge or training in a subject. This report will examine three examples of risk and will detail not only expert information but it will review lay opinion as well. 1. Firstly the cycling and the benefits of wearing helmet will be assessed. 2. Then a case study that detailed an allotment and the hazardous substances found in the soil. 3. The last risk to be observed will be sun exposure, sun tanning and risks and how consumerism can play apart in forming our choices. 1. Our Risky Lives 1. Risk – a state in which there is a possibility of known danger or harm, which if avoided may lead to benefits (Carter and Jordan, 2009). Almost everything we do in life comes with some degree of risk. It is how we interpret the risk that determines how we live. Some risk is taken without thinking, some risk is unavoidable, and in other cases we can reduce the risk or avoid the risk all together. 1. Cycling and the benefits of wearing a helmet Cycling will introduce the idea of risks and risk management in our material lives. Cyclists manage their risk with lights, occasional hand signals and helmets. Cyclists have to negotiate the use of the helmet, whether or not to wear one but not doing so means any injury sustained may be the cyclist’s own fault. One study shown 85 per cent reduction in the risk of head injury among cyclists who wore helmets (Thompson et al., cited in Carter and Jordan, 2009). Other research found that, when car overtakes a cyclist, the car comes significantly closer to a cyclist who wears a helmet (Walker, cited in Carter and Jordan, 2009). Taking both studies into account seems to suggest that if you wear a helmet then you are more likely to have an accident but if you have an accident then you are less likely to have head injuries. 1. Hazardous substances found in the soil Soil on an allotment will show how knowledge of an invisible risk is produced by experts but can be contested and how the allotment users used knowledge to manage the risks. The benefits of a social activity such as gardening were suddenly brought into question by publication of a scientific test on the soil. The material environment changed from being good into something that was dangerous. The soil was safe then became poisonous and then become safe again, all without the soil itself being changed. The existence of two soil tests confirms that even within science there are debates over how best to assess risk. In the case study, the same soil shifted from being safe to dangerous and back again solely as a result of different measurement practices (Carter and Jordan, 2009). This shows how the expert knowledge may or may not influence the decisions people make about managing risk. Gardener did not listen to expert knowledge about safe soil, because two contrasting results of the tests did not feel quite trustworthy. 1. Sun Exposure and expert knowledge of sun risk The last risk to be assessed will be sun exposure and sun tanning and risks. Increasingly over the last number of years dangers of sun exposure and tanning have come to the fore. Even though advice and evidence which has been produced people still continue to expose themselves to the harmful UVA rays. In this section we can look at a second case study of risk and risk management concerning holidaymakers and their attitudes to a tan. To understand the apparently risky practices connected with sun exposure we have to take seriously the ways in which people make sense of expert advice, and measure it against their own knowledge and experiences of the material world in which they live (Carter and   Jordan, 2009). The research conducted by Simon Carter used a mixture of interviews and focus groups with tourist aged 20 and 35 years of age who regularly travelled abroad for holidays. The first thing that this search found was that people could recall health education advice by seeking shade, using a sunscreen or covering the body. People knew what the expert advice said about the dangers of sun. However, people did not fully follow this advice because they had their own ways of understanding and making sense of the healthy and risky elements of their material lives. The knowledge produced by experts was different from that produced by holidaymakers. This distinction between expert and lay knowledge meant that expert knowledge was interpreted rather than followed to the letter by the public (Carter and Jordan, 2009). The expert knowledge does not straightforwardly determine public opinion. 1. Lay knowledge of symbolic risk The effects that the sun has on the body are both a source of material risk, from cancers, and of symbolic risk, such as being peely-wally (Carter and Jordan, 2009). Suntan became a material sign or symbol that is for the visual consumption of other tourists. 1. Beck’s thesis . The examples of sun exposure and of poisoned soil demonstrate how we may have entered into a particular kind of relationship to risk in society today. German sociologist Ulrich Beck examined the move from the Industrial Society in which political deliberations where concerns with the distribution of wealth to a Risk Society that focuses on the distribution of harm (cited in Carter and Jordan, 2009 p. 80). Beck also argues that we have become dependent on external information usually expert knowledge to assess the risks we face, instead of using personal experience or common sense. For example, the allotment holders could not determine the risks contained in their soil, they were told about potential danger by scientific experts. Similarly, the possible risk from sun exposure has to be made clear to people by expert evidence. One of Beck’s main concerns is the role of expert knowledge in defining the risks, whether that risk is nuclear radiation, arsenic in the soil or the sun. 1. Conclusion In modern society much more effort is being put into measuring risk. Experts aim to examine potential hazards and produce evidence that will allow us to make informed decisions. Assessing risk often relies on science and expertise. These are practices which involve choices and assumptions that can create debate. A risk society is one in which calculations of risk become increasingly prominent. Many modern risks are invisible and need experts to make them visible to the public. How to cite A Report That Examines The Role Of Expert And Lay Knowledge In Understanding And Managing Risk, Papers

Thursday, December 5, 2019

Alternative Strategies or Solutions to the Dilemmas Confronting the Tobacco Companies Essay Example For Students

Alternative Strategies or Solutions to the Dilemmas Confronting the Tobacco Companies Essay Shelly Shaw-Faulkner Doctor Peter A. Doherty BUS 221: International Marketing August 27, 2009 Case 4-7 (2). Can you recommend alternative strategies or solutions to the dilemmas confronting the tobacco companies? To governments? What is the price of ethical behaviors? Most marketing decisions have ethical ramifications whether business executives recognize it or not. When proper action is taken, the ethical dimensions go unnoticed, but when the marketing decision is ethically troublesome, the outcome can be publicly embarrassing or worse. Alternative means of controlling should include the health-related consequences of smoking including further promotion of restrictions and tighter controls on the sale and distribution of tobacco. Social marketing programmers based on techniques developed by the tobacco industry should be used. We should use of the industrys own tactics to counter its messages. Tobacco companies should recognize that they have a responsibility to people who live outside their own borders, and view themselves as part of the global community. Looking at China for example we are faced with ethical dilemmas which require consideration. First, there is the ethical dilemma of business versus health. The opening and development of the tobacco business in China, which includes vigorous marketing, is considered against the health consequences of tobacco use which is estimated to cost 600 000 lives annually in China, rising to 2 million by 2025 without effective tobacco control programs. A second ethical dilemma is employment versus impoverishment, in which the opportunities for work in the tobacco industry are considered against a background of malnutrition caused in part by a proportion of household budgets used to buy tobacco, and the erosion of the land, as trees are used to produce tobacco. Gains have already been made in tobacco control in China, which leaves the way open for much development in the future. 4. Should a company be forced to stop marketing a product that is not illegal, such as cigarettes? As the health consequences of tobacco smoking have become more apparent, governments should regulate the types of promotion available to cigarette manufacturers. Yet despite these efforts, the tobacco industry has continued to develop highly visible promotions that make greater use of youth role models and of new media known to have high penetration among youth. Attempts to reduce the impact of the tobacco industrys promotions seem unintentionally to have stimulated the development of more subtle initiatives that are harder to regulate and that reach and influence young people even more effectively. They should not be forced to stop marketing the product but greater transparency should be required from the tobacco companies to make it clear the harm that can come from their product.

Thursday, November 28, 2019

A Non-Violent Revolution essays

A Non-Violent Revolution essays Mohandas Karamchand Gandhi, later to be known as, Mahatma Gandhi, or great soul, was born in 1869, a time of political struggle and British rule, to a high caste Indian family. In 1888, at the mere age of 19, Gandhi set sail for England, where he had decided to pursue a career in law (www.sscnet.ucla.edu). After a year of unsuccessful law practice, Gandhi traveled to South Africa to join a legal company. Gandhi was shocked when he encountered first hand the extent of the European racism towards the Indians when he was thrown out of a first-class train compartment, because of his skin color, though he had, in his possession, a first-class ticket.( This incident only fueled his strive for independence and respect for the Indian people. Later, Gandhi would come to be known as one of the most influential men of all time, inspiring not only his own people, but also changing politics and international relations forever. Gandhis influence and struggles based on revolutionary ideas of non -violent protests and resistance not only changed Indias, as well as many other countrys, policies and standard treatment towards lower-class citizens, but also influenced countless people to come. Gandhi first began using non violent resistance in South Africa and soon emerged as great the leader of the South African Indian community. His theories and practice of peaceful resistance (Satygraha) were revolutionary and soon had an enormous following. (www.sscnet.ucla.edu) Although Gandhis disciples mainly included oppressed Indians, tired of their treatment from the British, whom at the time controlled much of the prosperous country, their power would not be denied. At the time, Indians could not own land, engage in trade, and were forced to pay high taxes to live in their native land. In many places, Indians werent even allowed to vote. In 1915, Gandhi returned from South Africa to his homeland, India. At t...

Monday, November 25, 2019

Essay on Robotic Surgery Essay Example

Essay on Robotic Surgery Essay Example Essay on Robotic Surgery Essay Essay on Robotic Surgery Essay Surgery techniques are advancing with developing technology. Robotic surgery is getting more common day by day. Robotic surgery is a technique in which a surgeon performs surgery using a computer that remotely controls very small instrument attached to a robot. Even though it could be claimed that robotic surgery is a expensive to start-up and perform maintenance, is a longer surgery method that manual surgery, which reduces the sense of touch, in fact it contains better technique and faster healing in surgery, also, bleeding is reduced, scars are smaller and hospital stays are shorter. Although it could be argued that robotic surgery is a very expensive method, but using this technique makes easier the surgery procedure for patients. At this early stage in technology, the robotic systems are very expensive. With improvements in technology, the system will become more complicated and the cost will rise. Also, to start-up the system is highly expensive. Another issue with cost is the problem with regarding the system as they improve. The absolute cost for robotic operations was higher, the major part of the increased cost was attributed to the initial cost of purchasing the robot and yearly maintenance. However, there are various advantages of robotic surgery. Robotic arms maket he procedure easier for surgeon. Different kind of instruments can be attached to robotic arms according to procedure to be performed. Robotic techniques are also associated with reduce duration of hospital stays and pain medication. While it could be asserted that robotic is a longer surgery method than manual surgery, nevertheless, in surgery, patients feel less pain and their scars are smaller. Robotic assisted heart surgery can take nearly twice the amount of time that a typical heart surgery takes, but this is variable depending on the surgeon’s expertise and practice with the equipment. In a longer surgery, the patient is under anaesthesia for longer and it costs more to staff the procedure. On the other hand, the most significant advantages of robotic surgery to the patient is the decrease in pain and scarring. The procedure is less painful and is associated with a quicker recovery. Since the incision required are small, it does not leave a larger surgical scar when the wound heals. Although it might be contended that in a robotic surgery, the operator can not sense the surgery area, however, bleeding is reduced patient can heal faster. Some of the other drawbacks are related to its use. The surgeons lack the tactile or haptic sensetaion while using this device. This has been considered by few surgeons as hindering factor as the natural feeling of operating is lost. Otherwise, surgical technology optimizes chances of experiences quicker recovery time opposed to surgical operation. The smaller incision required to manuever the operating arms heal much faster. Because of smaller incision in surgeries, the blood loss of patients reduced. Thanks to reduced bleeding, patients recover faster. In conclusion, it is obvious that robotic surgery is the only way to safe operation. Because of better technieques and faster healing, robotic surgery should be more common.

Thursday, November 21, 2019

Administrative Justice - Proposal for the Parliamentary Commissioner Essay

Administrative Justice - Proposal for the Parliamentary Commissioner Act 2010 - Essay Example The Parliamentary Commissioner Act was authorized to deal with matters of mal-administration. But the Act failed even to provide a definition for the term mal-administration. It has also been said under the Parliamentary Commissioner Act of 1967 that the complaints have to be made through a Member of the Parliament. In most of the cases, the Member of Parliament himself tries to solve the dispute and does not send it to the Parliamentary Commissioner. This restriction is illogical and it cannot be seen to it that that the grievances of the citizens would be served without bias in such circumstances. The trust and confidence of the people cannot be gained when there is such a limitation in any legislation. â€Å"It is sometimes further argued that if the PCA appears too demanding and, a fortiori, if he were afforded coercive powers, he might exacerbate the very problems he is expected to solve. Administrators may be reluctant to take bold decisions for fear of the consequences; †˜defensive administration’ might be undertaken: time-wasting procedures designed not to further administrative efficiency but to deflect criticism.† (Fenwick & Philipson 2003, p. 240). According to this Act, the Ombudsman looks into complaints in which that information illegally suspended by the government authorities, but no lawful solution has been offered to them in the cases of breach of the Code by the authorities. This Act has not given much wider powers to the Ombudsman when compared to other nations but it has been argued that the act implied gives various powers. â€Å"Under s 5(1) of the Parliamentary Commissioner Act of 1967, the Ombudsman can take up a complaint only if the citizen has suffered injustice as a result of maladministration; both maladministration and injustice must be shown and there must be a casual link between them.† (Fenwick 2002,

Wednesday, November 20, 2019

Recidivism in America Research Paper Example | Topics and Well Written Essays - 1000 words

Recidivism in America - Research Paper Example Despite all these suggestions as the reason for the crimes, there still is an escalating prison system with no relief in sight (Clear, Resig & Cole, 2010, p4) Recidivism A 2002 study survey showed that among 275,000 prisoners that were set free in 1994, 67.5% were arrested within the next 3 years, and 51.8% were back in prison (Langan el at, 2002, p 26). The study found no evidence that spending more time in the prison raises the recidivism rate and those that serve the longest time had a slightly lower rate of arrest than every other category of prisoners (Clear, Resig & Cole, 2006, p 3). This is likely explained by the older average age of those released with the longest sentences. The study shows a strong negative correlation between recidivism and age upon release. Recidivism is, for that reason, a culture of both the young and the old. The prisoners commit the same offenses after their release because the causes of their arrest ignored before they are set free from the prisons o r they lack proper rehabilitation while they are in prison. Comparison Of Recidivism In America With Other Countries The United States has the highest documented incarceration rate in the world (743 per 100,000 populations). Russia takes the second position with a high rate of (577 per 100,000); followed by Rwanda (561 per 100,000). By comparison; the incarceration rate in England and Wales; October 2011 was 155 people imprisoned per 100,000 residents. The rate for Norway in May 2010 was 71 inmates per 100,000; Netherlands in April 2010 was 94 per 100,000; Australia in June 2010 was 133 per 100,000 and New Zealand in October 2010 was 203 per 100,000 (New York Times section A, 2008, p 1). Comparisons give a reduction according to the countries listing above. Still it is the length of sentences that truly distinguishes American prison policy, the mere number of sentences imposed would not place the United States at the top of the incarceration lists. If the lists were compiled based o n annual admissions to prison per capita, several European countries would outpace the United States (New York Times section A, 2008, p 1). Causes Of Recidivism In America, the rate of incarceration has increased dramatically. Prisons have been full to capacity with deplorable conditions and long lasting side effects of inmates, their families and communities in New York. In many prisons, the crimes continue on the inside and further affect outside crimes related activities. The main reasons for this increment include social environment, peer pressure, family structure, state-level policies and lack of employment opportunities (Scott 2010, p 4). However, other things that need to be relied are the individual’s circumstances before incarceration, things that happen before they are incarcerated and the period after they are released from prison. Both immediate and long-term considerations will put poverty and difficulties as the main reason for the causes of recidivism. Drug Ab use Treatment And Recidivism The purpose of this study is to examine the relationship between drug use and recidivism among criminals and to consider how generalized drug treatment participation and completion further affect this relationship. Among researchers and policy makers, a consensus reveals drug use as linked to criminal behavior and recidivism. Further, drug treatment reduces the chances of recidivism (Mackenzie, 1997). On average, 65% of individuals who

Monday, November 18, 2019

Doctrine of the Supremacy of Parliament in the Modern United Kingdom Essay

Doctrine of the Supremacy of Parliament in the Modern United Kingdom - Essay Example Though, the judiciary was not isolated institutionally from the Parliament, but, the judiciary was and is considered as having been employing or employed a sizeable magnitude of independence from that of Parliament. When the Bill of Rights introduced in 1689, it attempted to regulate the association between the Parliament and the Queen in a legitimate dominion, and it has been custom of the court to give due recognition to the pre-eminence of an Act enacted by the Parliament1. By the enactment of Bill of Rights, in 1689 can be said that it recognised the customary view that the supremacy of the Parliament as it stated that in Chapter 02-1, that the â€Å"pretended authority to enact or annul laws by so-called regal authority without approval of the parliament is not legally valid, and this had made the Parliament’s law enacting authority above that of monarchy. Before the passing of the Bill of Rights, it could be claimed by the judiciary that the common law ( judge made laws or verdicts given by judges) regulated statutes thereby making them invalid if an Act is said to be against common reason or right or not possible to be implemented as held in Dr Bonham’s case2. As per Wade3, the concept that the Parliament is independent since the judge recognises Parliament’s political and legal supremacy. ... However, Dicey’s5 strict elucidation that the parliamentary sovereignty is the supreme is not free from criticism as in recent times, there has been judicial rejuvenation as corroborated by judicial verdicts that the courts in UK consider themselves as preserving some residual privileges to refute the authority of legislation. Lord Woolf6 viewed that "â€Å"finally there are even restrictions on the domination of parliament which it is the UK’s court absolute power to recognise and endorse7. In Jackson v Attorney General8, Lord Steyn, viewed scepticism whether the Diceyan view that parliament sovereignty was still holds good9: â€Å"The typical description made by Dicey on the â€Å"doctrine of dominance of the Parliament is absolute and pure, as it had been, can now be regarded as gone out of practice in the modern era of UK. Nonetheless, the domination of Parliament is yet regarded as the general principle of UK’s constitution. It is a notion that has been b uilt upon the common law. Judicial rejuvenation can be explained as judge made laws. In such scenarios, it is not preposterous that scenarios could occur where the courts may have to hold good a principle formulated on a varied theory of constitutionalism10.† While finding the proposition of the HRA (Human Rights Act) for parliamentary sovereignty , Alison Young11 was of the view that the courts should interpret and offer impact to the laws so that it becomes in line with the rights enshrined in the European Convention on Human Rights , 1950(ECHR). In case , if it is impossible to locate a convention well-matched with elucidation of a statue , then some courts are toothed with the authority to hold non-binding Declarations of Incompatibility

Friday, November 15, 2019

Adapting Business to the Environment

Adapting Business to the Environment Success of every business depends on adapting itself to the environment within which it runs on. For e.g. if there is any change in government policies an organization has to change its internal policies accordingly that could be wages, taxes, working hours and so on. Changes in technology have replaced type writers to computers. All these external factors are beyond the control of a business, so all business organization have to adapt themselves to change in order to succeed. Hence understanding of various factors of Business environment is necessary. Business environment is categorized by two categories i.e. Micro Environment and Macro environment, Micro environment factors deals with internal factors like employees, Suppliers, Customers, Stakeholders, Media. Macro environment factors deals with external factors like technological (PESTEL forces), Economical, Political, Social, Legal and Environmental (Palmer and Hartley 2006). The above factors have direct or indirect influence on an organization. For e.g. Change in environmental norms have forced car manufacturers to come with a new technology which will keep pollution under control. Due to increased work stress some governments have eased working hours from nine to eight hours which in turn increases cost. Due to increased crimes on women new laws have been added for safety of women, women working in call center in night shifts needs to escort to her home by a security guard which means added cost to a business. If the value of domestic currency increases it will be difficult for export houses to match the prices with international competitor as the prices of raw material overseas might not have changed with the forex change. Change management is a structured approach to moving individuals, teams, and organisations from a current state to a desired future state. Change Management includes both organizational change management processes and individual change management models, which together are used to manage the people side of change. Stated simply, change management is a process for managing the people-side of change. (Referencing) Survival of fittest is not the criteria, it is one who adapts to change quickly is successful, before taking products or services to an end user it is imperative that an organization should have or must do their home work on existing business environment based on above factor, by doing so it will help an organization to formulate corporate strategy, marketing strategy sales strategy HR strategy, product development strategy and help the organization to be a part of value chain. Research conducted by McKinsey (LaClair, 2002) and by Prosci (Best Practices in Change Management report, 2007) has demonstrated a direct correlation between achieving the business objectives of a change and effectively managing the people side of that change. Proscis research with nearly 400 organizations showed that a project had five times the probability of meeting objectives if they implemented very good or excellent change management practices. Based on the PESTEL theory and Change management we will be discussing various challenges faced by an organisation. The company selected as a matter of this study is Barclays. In last five years Barclays had to deal with economic, social, legal and environmental challenges. It had to deal with Change management Organisation Description and Background Barclays is a major global financial services provider engaged in retail banking, credit cards, corporate banking, investment banking, wealth management and investment management services with an extensive international presence in Europe, the Americas, Africa and Asia. With over 300 years of history and expertise in banking, Barclays operates in over 50 countries and employsÂÂ  more thanÂÂ  144,000 people. Barclays moves, lends, invests and protects money for more than 48 million customers and clients worldwide (www.barclays.com). http://group.barclays.com Challenges faced by Barclays towards it Stakeholders Mainly in last 3 years Barclays faced lot of challenges due to recession. Barclays share value had dipped to the lowest which became a major concern for all stake holders. Last year, Barclays restructured its business model by merging corporate and investment banking together and leave retail and small business customers with the global retail bank. This made Barclays to focus more on retail banking. http://uk.finance.yahoo.com/news/barclays-shares-jump-as-investors-chew-over-idea-of-a-break-up-tele-5ad293816f03.html?x=0 Barclays always believes in its stakeholders by listening, responding and working in partnership which is also one of the main reason that the share price of Barclays grew at fast rate in spite of economic slowdown. Share prices of Barclays for last five years (guardian.co.uk) http://www.guardian.co.uk/business/barclay Credit risk impacts of a changing climate Change in weather may influence the business in more possible ways than imaginable. Hence, due consideration is given when assessing the credit risk while issuing credit to a business. Physical risks such as damage to fixed assets arising from storm, seismic activities; Supply chain deficits arising from scarcity of natural resources like water, changing patterns of customer needs due to change in extremes of temperatures. The annual average of Global surface temperature would inevitably rise by 2-4 degree centigrade by year 2100 (Source IPCC 2007) All these factors but not limited to effect the companys balance sheet in various ways like increase in costs, scarce raw materials etc, changes the business operations practices and conditions, Or may reduce or stimulate the demand of the product or services of the company in question. To redress the challenge Barclays developed collaboration with Acclimatize experts in the field of Climate Risk Management. The primary sector identified most affected by the changing climate were businesses that are dependent on massive fixed assets, such as energy, and sectors like chemical fertilizer, Pharmaceutical and tourism among many others. Hence it was imperative for Barclays to include Climate change as part of mainstream business planning and risk management. As audiences of these reports were from a non technical background, these reports were developed accordingly for different geographys and time horizons. This also helped Barclays to identify the opportunity presented by the climate change, like change in demands of product and services and early mover advantage, in addition to mitigating risks associated. This also helps understand and monitor the interests and needs of external stakeholders including Government regulators, insurance companies, and investors and competitor suppliers. This helped Barclays to reduce and at times eliminated the adaptation lag, in turn giving an edge over competitors, and better understanding of rapidly changing stakeholders position. Climate Proof projects at the inception phase by incorporating the adaptation measures that are robust in the face of climate change. Challenges on build internal capacity on adaptation This was achieved by raising awareness, developing a corporate understanding of climate risks, assigning responsibility for adaptation to staff and adopting a consistent approach. Involving and taking inputs from the staff for more acceptance and ownership. Some Geographical Locations are more vulnerable than others. E.g. Places that are already having very high temperature or very low temperatures (Permanent Frost Inhabitable) are at higher risks. Cities exhibiting Urban Heat Island effect (Frequent building of pool of hot air) exuberate high temperatures. Mean sea level rise, increased storms surge heights, wave heights, coastal flooding and erosion. Decreased seasonal precipitation, increased risks of drought, subsidence and wildfire. Water resources dependent on glaciers (those areas dependent on glacier melt are probably observing increases in water resources in the short term, as glaciers melt faster, but over time, the loss of glaciers will lead to decreases in water resource availability),Subsidence-prone soils. Regions with high rainfall, floodplains, Landslides and contaminated Environment land and water Areas at risk from tropical storms. Project Vietnam Barclays with partnership with CARE is implementing Change microfinance. The objective of the project is to establish a community managed savings and loan association. Target of this project is to help young people in urban and semi urban areas Despite of the economic boom in last 15 years there has been a very big population of disadvantaged youth in southern Vietnam, which suffers from the underlying cause of poverty and with high rate of rural-urban mobility there is lack of employment and opportunities, and poverty is prevailing on large scale. CARE and Barclays approach to the problem is to increase the understanding for significance of saving and improve their skill in managing household finance. This is aimed to benefit and reduce poverty among 10,000 venerable people, at least 50% of which are women and migrants through Group Savings and Loans. To appeal to the masses of the targeted populations the program is called Group saving and Loans GSLs. Other Key objectives To establish at least 500 GSLs to develop a culture of saving and community management and support To provide guidance for group members to aid them in developing business plans and making loan applications. These in use by International Labour Organization, German sustainable development agency GTZ and the Vietnam Chamber of Commerce and Industry To build the capacity of the local partners, the Youth Union and the Womens Union, to encourage financial literacy and entrepreneurial skills among group members by providing training on business planning and household finance management. Manage and expand Group Savings and Loans. Support is also being provided to help to develop new financial products tailored to the needs of the groups, such as savings, loans and micro-insurance. Enhanced economic security through an improvement in financial inclusion. The promotion of entrepreneurship and support for livelihood opportunities for young people and their families. This is to be achieved through the development of a culture of savings, an increase in financial literacy and an improvement in entrepreneurial skills and general confidence in public, This has also helped CAREs local partners from an increased capacity in managing community-based microfinance. In addition, they are gaining experience in establishing microfinance services for young people and providing business and entrepreneurial training. Change management One of the examples of change management Barclays did was on communications, biggest challenge was how to communicate its restructuring plan to 45,000 employees, cause if the restructuring was not communicated in effective way it could lead to chaos and also lead to attrition. So Barclays came with a plane which included following, but to start off they adopted top three elements. Involve audience by engaging them To simplify the message to employees by informing what was important for the business Ensure all information was attributed to brand values and organizational priorities To Ensure face to face delivery plays a vital role Using appropriate communication channel Involving audience by engaging them If top level managers wanted to share information they used a newsletter format, but if there was any information which was very important they used a video or presentation on their internal website. To inculcate change successfully, Barclays involved its employees by taking their opinion by having open communication Simplifying the message Important challenges were communicating the most important objective of the business. Thorough understanding of the stuff which they are working on Work as team Giving high priority to customer, just the way we wanted to treat. Performance based promotions. Focus on Face-to-Face Delivery To share financial results CEO went on road show in which he asked questions and also addressed concerns that employees had. This presentation reiterated that change had been made and the communication between CEO and front line employees was progresses in smooth way. By following this change management in communication new leadership team joined hand together and concluded on one agenda, Employees were given the priority of tasks and number of miscommunication going across was reduced drastically, objectives got cleared. Merger and Acquisition In 2008 Barclays acquired core assets of Lehman brothers which are fourth largest investment bank in US which filed for bankruptcy. By acquiring this Barclays made its strong presence in US in Investment banking and trading business. This also added value to Barclays financial capital. Initially employees were scared about their job loss. Though profit was down by 24% but there was asset inflow. After acquiring Lehman Brothers now Barclays is facing court trials. Lehman is filling a case against Barclays for allegedly ripping it off to the tune of $11bn over the deal. In this deal Barclays took over 10,000 employees and made a strong presence on Wall Street. Barclays is accused of negotiating some discounts on assets with co-operation of Lehman top executives who were offered better and more pay.( http://www.guardian.co.uk/business/2010/jun/21/barclays-lehman-brothers-court-case 30/07/2010 guardian.co.uk, Monday 21 June 2010 21.21 BST In 2005 Barclays acquired Absa, and in 2007 this acquisition was criticized from the governor of the South African Reserve Bank saying that it will expose bank to greater risks in economy than acceptable. Whereas it over came all the criticism by offering better products and services to customers. In 2008 Barclays became the first bank in South Africa to reach one million internet users. Sustainability of Barclays Faith and level of confidence was brought down in this year, share prices almost went down drastically. Many banks which had good financial assets were acquired by competitors. Barclays was not an exception even it had to undergo financial challenges which was brought by credit crunch. They had to raise capital to meet the new laws introduced across the banking sector. Barclays had to raise capital in way that it did not take much preventive measure. This caused lot of turbulence amongst stakeholders. To overcome the above challenge Barclays started diversifying business and making it presence in market and sectors which were growing rapidly. Banks strength lies on diversification in terms of Business, Geography and products. Barclays made strategic move by acquiring Lehman Brother, The UK Goldfish Credit card business, Expobank in Russia, The Italian residential mortgage business of Macquaire Bank limited and PT Bank Akita in Indonesia Introduction on new products and innovation In 2008, Barclays introduced Mobile banking, now customer can pay their bill just by sending SMS, they can check balance in their account. Barclays also launched Al-Safi Investment platform, which is Islamic Finance equal to Shariah format for both conventional equity strategies and also a prospect to gain from falling prices. Barclays also launched new investment products to help investors diversify their portfolio when market is uncertain or volatile and it was called Commodity investment index. Barclays focuses on new innovation to help clients for e.g. Contribution Pension plans offers wide diversification and bestows solutions on income. By understanding this Barclays developed a product called SponsorMatch

Wednesday, November 13, 2019

Perfection in Ursula LeGuins The Lathe of Heaven Essay -- Ursula LeGu

Perfection in Ursula LeGuin's The Lathe of Heaven Is there such a place where ideal perfection exists? Can our views on social, political, and moral issues ever concur with one another? The answer to these questions is simple - no. The world we live in today is full of social, political, and moral imperfections that hinder our ability to live a life free of evil. In Ursula LeGuin's The Lathe of Heaven, this imperfect lifestyle is the foundation on which the desire for a utopian society sits. The American Heritage Dictionary defines reality as the totality of all things possessing actuality, existence, or essence . For George Orr, the protagonist in the novel, his dreams actually become reality. Through his gift of effective dreaming, Orr can alter elements in the "real world" and is terrified because of it. In Orr's view, "This gift has been given to a fool, a passive nothing of a man" (LeGuin 121). With this gift comes the ability to change what is real, create things that never existed, and in turn, eliminate things that did. In other words, George Orr was given a gift to play God and does not want the responsibility. In order to save himself and the rest of society, Orr confides in Dr. Haber, his psychiatrist as well as the antagonist in the novel. Taking advantage of his gift, Dr. Haber forces Orr to dream in search of the elusive Utopia. For Dr. Haber, "there was no end to his determination to improve the world (LeGuin 128). His sole mission is to gain power and do all he can to create the perfect world. In attempts to create a place of ideal perfection, a world of pain, oppression, and terror eventually ensues. This search for eventual perfection brings forth the realization that such a Utopian society is not only i... ...nce our perceptions on reality and the concept of a utopian society. The connection between our own society and elements of the novel enable readers to recognize that although a literal utopian society is not possible, the closest we can come to perfection is to find a balance between what is and what we can imagine. Works Cited The American Heritage Dictionary: 2nd Edition. Houghton Mifflin Company. Boston, MA, 1985. Copland, Neil. "Main Concepts of Taoism: Yin and Yang." Taoism and the Taoist Arts. April 2002. http://www.taoistarts.net/main.html#yin LeGuin, Ursula K. The Lathe of Heaven. New York, NY: Harper Collins Publishers Inc., 2000. Robinson, B.A. "History of Taoism." Taoism. March 21, 2002. http://religioustolerance.org/taoism.html Velasquez, Manuel. Philosophy: A Text With Readings. 8th Edition. Belmont, CA: Wadsworth/Thomson Learning, 2002.

Monday, November 11, 2019

A Long Way Gone Essay

Abby Leavengood HWL P. 5 9-26-12 A Long Way Gone Essay In Ismael Beah’s A Long Way Gone, violence and child soldier’s struggles is a major and common point. These passages were heart wrenching and difficult to get through. Beah went through a lot of hard times but he survived and pulled through with incredible strength and courage, even when that was not an easy thing to even think about doing. I believe that even though violence is an awful thing that no child should have to endure, I learned a lot through Beah’s awful experiences including war’s injustices and the importance of hope and courage.Ishmael Beah discovered that the only way he could continue on and stay remotely strong was through the use of drugs. I was able to understand that well not through my own experiences of course, but because I cannot imagine any other way of making it through those situations. Taking some form of drug to change your state of mind and allow you to zone out from your surroundings seems like a somewhat logical solution to enduring war as a 15 year old boy. I also learned how impossible it would be to not be addicted to these drugs and how painful the recovery process would be.Through Beah’s book, I also learned that the recovery process of some traumatic experiences can be a living hell. Breaking his drug addiction, learning to trust people again and stopping his persistent nightmares were not easy tasks. I am thankful for people like Ester and the other nurses for having a strong heart and will to help young people with these conditions. Child rehabilitation centers are truly amazing facilities. Dealing with children who have suffered severe, life altering, mental damage must be heart breaking and challenging.I admire the staff and especially Ishmael Beah for their persistence to not give up and their amazing courage. Finally, through Beah’s memoir, I learned that hope and courage can always shine through even the most challenging situations. Beah, who did not want to fight, held his courage throughout the war and never gave up hope, even when it seemed impossible to find anything positive. Ishmael continued on throughout his daily and impeccably challenging life. Yet, hope was there. It shines though all evil and hardships. I truly admire his courage. A Long Way Gone was an enormously inspirational novel.All of Beah’s violent experiences taught his readers about the effects of harsh war, injustice, the world outside of our own happy towns and most importantly the true power of hope and courage. He spoke eloquently and told the truth without sheltering his readers. I think my own personal gain from this book is quite amazing. Wars in small countries like Sierra Leone are not often talked about in the United States. So learning about them is an eye opening and valuable experience. Beah’s book teaches many prized lessons and shares exceptional insight into the world around us.

Friday, November 8, 2019

One of the more stressful and perhaps more challenging of difficulties Essays

One of the more stressful and perhaps more challenging of difficulties Essays One of the more stressful and perhaps more challenging of difficulties Essay One of the more stressful and perhaps more challenging of difficulties Essay One of the more stressful and perhaps more challenging of difficulties that I face in my everyday life is the language barrier. Being from a non-English speaking country, life becomes much more difficult for me here because of the preconceived notion that all Asians do not speak English very well. While I do not experience the same difficulties when writing in English, the experience is much more difficult when I am interacting and speaking with others because of all the idioms and slang that is used.A perfect example is when I try to interact with people from the support group. What would be a simple matter for some becomes a very difficult task for me. I oftentimes find myself waving my hands trying to explain my point while the others stare idly at me as if I am some kind of crazy person. It is not only stressful but humiliating as well.Another problem that I experience because of this language barrier is the fact that I often find it difficult to find people to talk to just to allow me to de-stress, so to speak. While other stress related problems can easily be addressed by communicating with others, my problem does not provide me with such an alternative and emotionally, such a problem can be very draining. The few times that I do find the confidence to communicate with others also leads to be fruitless because of the biases that certain people have against people of my race and our English speaking abilities.While I am part of a support group that should theoretically allow me to vent my frustration on this matter, this language barrier makes it even m ore difficult and stressful. I understand that the members of the group would like to reach out and help me but the added stress they are exposed to when communicating with me makes it difficult. I cannot simply assume that I am the only one with difficulties and given my shy nature, I would never be the one to impose even if such were the case.It therefore came as a pleasant surprise that I was able to find a person in the group who made it easier for me to gain social support. The conversations were awkward at first as both of us struggled to grasp what the problem of each was. There was a certain uncertainty that followed on how to address the problem. The emotional strings attached made it difficult to tiptoe around the language barrier, initially, but soon enough progress was made.I guess that the reason the exchange went well was because of the mutual respect that we had for one another. Unlike the other people that I previously dealt with, my social support partner tool pains in understanding the handicaps that I was dealing with. Instead of ridiculing me or criticizing me outright, she tried to encourage me to speak up without fear of reprisal or humiliation. I must admit that this made me feel more confident about my problem and in doing so also allowed me to reach out and help with her problem. The wonderful intercourse that we were able to have did a lot to ease the tension. Though we started out as being distant from each other, over time that gap was bridged through steady and effective communication.As mentioned in the tips for the exercise, even the smallest problems can provide stress. I definitely feel that my problem is not that small but I realize that in the grander scheme of things, it probably is. Be that as it may, this experience was very helpful for me. While I may not have tried out my new found and developed confidence in my English speaking skills, I can confidently state that I am one step closer to overcoming my problem.I could ha ve never gained such confidence if it were not for the help of the social support partner. Being in a foreign country can be a very difficult and challenging experience. The new cultures and languages and the fact that I am not as proficient in them as I would like make adjustment very hard. Thanks to my social support partner, however, I have taken a major step toward my stressful problem. I do not think that there is any more that I could ask from the help that was given. The opportunity to be able to reach one to somebody while someone was also able to reach out to me was a wonderful one.

Wednesday, November 6, 2019

Free sample - Freedom of Speech in China. translation missing

Freedom of Speech in China. Freedom of Speech in ChinaAbstract The paper seeks to examine the freedom of speech for the people of Republic of China. The paper seeks to do this, by examining the way the government of China has treated the media. This is because the paper believes that the media is central to the freedom of expression in any country. The paper also briefly examines how the Chinese government responds to those who activate for political freedom in China. Introduction The recent tussles between the government of China and the search engine Google show that China has gagged the media. This is because the Internet is the most modern means of communication (Cohn, 2007). It is also the media that can make most people express themselves freely. For freedom of expression to exist, there must be a free media .This is because people can only be heard through the media. Only last year, Liu, a renowned journalist was sent to prison. This was because of an email he had written. The charges against him were that he called for peaceful political demonstrations. Many ordinary Chinese have been jailed for candid political expression. The People’s Republic of China continues to be a country that restricts the freedom of expression. This has seen many people leave the country. It has always managed to restrict freedom of expression by censoring the media. Since its formation in 1949, china has gagged the media. This has been due to the fact that the media is state run. Only a small number of media houses are not state run. They include CCTV, The People’s Daily and Xinhua. Where the media are not censored they encounter stiff government regulations. The media here is taken to mean television, Radio, newapapers, magazines and more recently the Internet. Some of the regulations that the media faces are as follows; for one, it is forbidden to report or question the legitimacy of the communist party. This, in Chinese media is a taboo subject that can get one jailed. The media cannot also report on the government of Tibet. Tibet is a secessionist state it has seceded from China although China maintains that it is part of China. The Chinese media cannot also report on the religious movement Falun Gong. The past few years have seen the loosening of some of the government rules that restrict the media. This has been through the commercialization of the media. Also, the emergency of independent media houses has seen to participate in the loosening of the media restrictions (Esarey, 2005). Historical background For purposes of integrity, let the paper state that the Chinese media reports on social issues. The freedom that has been curtailed is the political expression. Political expression constitutes freedom of expression. The curtailing of the freedom of expression began way back in 1949. This was the year that saw the birth of the People’s Republic of China. The government established regulations to make sure that the media does not report certain topics. These regulations have always been passed by the socialist party which is the governing party. The parliament of China has also been involved in the passing of laws that gag the media (Yuezhi, 1998). In 1993, the Chinese government moved to censor the newest form of communication.  Ã‚   This was the Internet and the World Wide Web. Thus, the Internet has been censored in China since its inception. Since then there have been continuous fights between the Chinese government and management of search engines such as Google and Yahoo. The fight between the Chinese government and management of the mentioned search engines is about the freedom of expression. This is because the Chinese government has realized the potential of the Internet to be used as a means of communication. The government does not want the citizens to have any avenue where they can express themselves freely (Yuezhi, 1998). Crack on Activists The Chinese government has established a system that ensures that those who speak against the government are arrested.   These are the people who dare question the government on the taboo subject of freedom of expression. The other category includes those who fight for the rights of the citizens. These are the people who protest against police brutality. The police have been active in ensuring that those who speak against the government do not escape. They get arrested and charged on charges of defamation. Others go missing for months until they appear in court under false charges. Activists, when arrested, face long prison charges to discourage others from following in their suit. The government has also established a well trained police force to track down anyone who disobeys its regulations on censorship. Every kind of media is closely watched to ensure that they comply with the rules and regulations set in place to silence the citizenry. The one media that have been heavily cen sored in the recent past is the Internet. Internet censorship As the paper earlier documented, the censorship of the Internet began in 1993. This was when the central government passed three regulations that curtail the freedom of speech through the Internet. The first of these regulations state that individuals and private organizations are not allowed to have direct internet, international connection. This regulation was formally announced by the government in 1996, and it was updated in 1997(Collins, 2002). This regulation requires all Internet connection to go through the official government machinery such as CERNET, ChinaNET and GBNET among other government regulatory agencies (Amnesty International, 2002). The second regulation gave the ministry of public security authority to monitor the Internet provision in the country. The ministry was to inspect, supervise and guide the work of maintaining security in the country. In regard to the Internet, it was to prosecute criminal cases brought through the Internet. Reading the fine script, one can see that there is ambiguity in the powers of the ministry. This is to ensure that the ministry can get along with the suppression of the freedom of expression (Amnesty International, 2002). The government in regard to Internet censorship has been enacting new regulations. People who break these regulations face jail terms or fines. In other instances, they face both. The charges that are brought against the people who violate these Internet regulations are various. For one, they are charged with performing acts that split the nation. Defamation is also another popular charge that is brought against these people. Leaking government secrets is another charge that those people who violate Internet censorship laws get. Sites that are found to violate the state laws get blocked. Several sites have been blocked like New York Times site was blocked in 2000 though it was later unblocked. The sites for the Washington Post, CBN and CBS have also been blocked, but they were unblocked in 2000 (Abbott, 2004). According to the ministry of public security, the following is what makes a site be closed. According to the said ministry, if an Internet site is provoking division and promoting sentiment that is harmful to the national security, then it is to be closed. Injuring the image of state organizations is another crime that can get a site closed. Working to overthrow the Chinese government or the socialist set up is also termed as sedition and can get a site closed.   All this is propaganda aimed at stifling the freedom of expression. This is because it is the state ministry that determines what sedition is and what isn’t. The state ministry of security thus uses propaganda to censor freedom of speech in China. Because it cannot be overly brutal, it has come up with laws and regulations that push its’ agenda to harm the freedom of expression. Other media have also been stifled in the drive to control the freedom of speech in China. One such media is television (Abbott, 200 4). Television The people’s republic of China (PRC) is technology savvy. It has invested widely in the television industry. 35% of the population has access to television. The television industry is heavily watched by the central government. TV stations are not independent in the country. That is they cannot air what they like. Like the Internet, they are censored by the government. This is because the government allows them to carry as much social material as they want. But when it comes to political communication they are curtailed. The television networks cannot report on police brutality. Also, they cannot report on unrests in the country (Benjamin, 2005). The leading television network is the CCTV. It is a state owned corporation and employs about 10,000 people. It cannot air foreign programs. The contents of the TV broadcasts are examined by state officials on a regular basis. The TV station is closely watched by the propaganda department. It is under the scrutiny from the state department of the administration of Radio, Film and television. The chairman of the TV station is a deputy minister in the ministry of the administration of Radio, film and television. Thus, the TV industry is closely watched so that it cannot air anything that can advance the freedom of expression in the country. The other media like newspapers cannot also be used to advance the freedom of speech and expression (Benjamin, 2005). Radio Radio talk shows are slowly and systematically transforming the freedom of expression and speech in China. Most Radio stations have become liberal and are reporting on subjects that are considered taboo by the other media. Radio talk shows have become the ground on which millions of people talk back to the government. This is because the country has seen the proliferation of Radio stations in the last one decade. The Radio stations have become an avenue through which the people can at least have a measure of political freedom of expression. The other media are used by the state machinery to talk to the people. Radio provides a platform on which people talk back to the government. This does not mean that radio has a free hand to air what it wants. Freedom of expression continues to be suppressed in China on a day to day basis. China is one country that has consistently refused to grant a platform for the expression of fair speech (Guan, 1995). Newspapers Newspapers in China have not been able to cut through government restrictions. They are still under gags that make it impossible for them to report on anything that is politically sensitive. The dominant newspapers are socialist party papers that report more on social issues than on political matters. This is because to report on political issues is suicidal to a newspaper in China. Today there are 2200 daily papers in China. State agencies have authority to edit and censor news from foreign newspapers (Guan, 1995). Western media The western media are heavily censored in mainland China. This is in an attempt to stifle the freedom of speech. This is because the Chinese government understands the power of the media in opening up countries formerly locked in suppression of the freedom of speech. For example, the western media have been instrumental in opening up Burma to the international community. In China western journalists are restricted from entering the country. If they manage to enter the country, they meet severe restrictions. China is determined to continue the suppression of the freedom of speech .One of the most effective ways of doing this is the restriction of the western media in the country (Collins, 2002). Conclusion China has the longest record on the suppression of the freedom of speech. The paper has gone into details about how the government of China has stifled the media. This is because people cannot have freedom of speech when what they say cannot be reported in the media. The Chinese government has also censored the Internet. The Internet is the most efficient way of communicating globally. The Chinese government understands this, and that is why it cannot allow search engines like Google to operate freely in the country (Cohn, 2007). The freedom of speech is essential to the development of any country. Most countries that used to curtail the freedom of speech have changed and are now allowing the said freedom. The media have been liberalized in most parts of the country. One of the most conservative countries has given in to a free and independent media that are central to freedom of speech. This is none other than Russia. Other countries have followed suit. Thus, there is no reason why the world’s largest nation can continue to stifle the freedom of expression (Yuezhi, 1998). The governments of the world should rise and challenge China to give political space to its citizens. They should pressurize China to give freedom of speech to its citizens. This is because China is a signatory to international charter on freedom of speech. China also sits on the security council of the UN.Being a nation thus esteemed; it must also esteem its citizens by giving them the freedom of speech. Only in this way will it be able to prove to the world that it is worthy to sit on the security council of the UN.It will prove to all and sundry that it is serious when signing   international treaties. References Amnesty International (27 February 2002). People's Republic of China: State control of the Internet. New York: Amnesty International. Abbott, P.   (2004). The Political Economy of the Internet in Asia and the Pacific Digital Divides, Economic Competitiveness, and Security Challenges. New York: Praeger. Benjamin, L. (2005). "Watchdog or Demagogue? The Media in the Chinese Legal System." Columbia Law Review, 105(1). Cohn, W. (2007). "Yahoo's China Defense." New Presence: The Prague Journal of European Affairs, 10(2). Collins, D. (3 December 2002). China's Internet Censorship, CBS. Esarey, A. (2005), "Cornering the Market: State Strategies for Controlling China's Commercial Media." Asian Perspective, 29(2). Guan, S. (1995). Intercultural communication (in Chinese). Beijing: Beijing University Press. Yuezhi, Z. (1998), Media, Market, and Democracy in China. Chicago: University of Illinois Press.

Monday, November 4, 2019

Safeguarding Vulnerable Adults brochure Essay Example | Topics and Well Written Essays - 2500 words - 1

Safeguarding Vulnerable Adults brochure - Essay Example An analysis using a thematic approach on literature indicates six important areas that help in contributing to the development of the attitudes that are defined as being positive or being negative towards the type of people who are known to do self-harm. Lack of training and education was the main link of negative experience and attitudes. In addition, it was also associated with the impact as a result of perception differences of the roles of healthcare professionals and the influence due to clinical culture as well as how people do perceive self-harm as a health need. Greater understanding of self-harm experiences and improved training were linked to positive attitudes. Despite this, the nature of the care reported by the consumer of the services indicates that significant improvement are still needed to the health care attitudes in the health settings ensure high-quality services are being provided to the consumers. The issue of self-harm is significant within the services regarded as contemporary. Several people who do self-harm in many times do manage their wounds at home; however, certain occasions where injuries caused by self-harm need to be seen in the settings of hospital. Several of the consumers of the services that have been receiving health care services in hospitals have reported dissatisfaction and bad experience with the kind of services being rendered. The experiences of the services by the consumers have greatly contributed to the development and survivor groups’ actions. Several authors have described the word survivor in relation to this circumstance as an aspect of surviving the services of psychiatry in addition to other experiences lived. This is a clear show that the provision of service that was intended to help the people who are victims of self-harm has been reported as being traumatic for several number of healthcare service

Friday, November 1, 2019

IMMIGRATION REFORM Coursework Example | Topics and Well Written Essays - 250 words

IMMIGRATION REFORM - Coursework Example Those employers who do not fulfill the requirements outlined by the Act may experience a fine of $100 to $1000 for each employee whose documents are not complete. If the employer does not comply with the Act while knowing about the law, he/she may faced a penalty between $200 to $2000 for her first mistake and for the next mistakes the fines are elevated to $200 to $5000 (Malpert, 2000). If the employer does not pay the sanctions that the employer can experience imprisonment for a maximum tenure of six months along with a fine of $3000 for each unauthorized employee he/she has hired. These sanctions are completely justified because it is the employer’s responsibility to ensure that they are not hiring illegal employees. Secondly, employers may get involved in hiring illegal employees in order to decrease their cost which is again against the law. While hiring employees, Patricia should perform a background check in which she should obtain the necessary documents from the appli cants to ensure that he/she is authorized to work in United States. Patricia does not need all the documents and she just needs one single document for verification and that document can be the US

Wednesday, October 30, 2019

Is the 'Promise' of international institutions really 'false' Essay

Is the 'Promise' of international institutions really 'false' - Essay Example The international institution has not conformed to its agenda maintaining world peace as it has been witnessed that institutions such as IGOs do not include its entire agenda in societal and international issues1. Some institutions relates to issues of economic while ignoring cultural, and security issues. International institutions have encountered several critiques questioning their involvement in world issue. The arguments view these institutions as a basic reflection of power distribution in the world2. They have based their self-interest on calculations of achieving great powers and not possessing independent effects on behavior of the states. This shows that the institutions might be seen to be relevant in spreading norms that are common to states but they still do not enhance interstate peace being that they still need to have complex institutional structure to reduce chances of conflicts among states. Besides, the IGOs that still do not include security issues in their agenda, but majors on fewer issues cannot pursue management of conflicts in a peaceful manner .Therefore, the institutions should avoid creation of groups based on powers of those states so that they can abandon their individual interest and be in position to reach mutual agreement. By doing this the institutions can now receive favorable arguments that they are surely decreasing conflicts among states. These issues have therefore resulted to invention of various theories that are concerned with peaceful conflict resolution among warring states3. There have been several empirical evidences showing that commercial institutional peace research to have done commendable work in ensuring that the incidences of military interstate conflict reduced. This has been made possible through the following way; firstly, commercial institutions haveensured that they increase the opportunity cost of war for various states. Secondly this institution has

Monday, October 28, 2019

Talent ID report Essay Example for Free

Talent ID report Essay Report The talent identification programme for cricket is a long programme that identifies talented athletes from the ages 6-18+. It is a structured and detailed programme that breaks down in to five stages that athletes will be identified to have potential for elite success in. The stages are fundamentals, learning to Train, Training to Train, Training to compete, and Training to Win. Fundamentals This is the first stage, where talent is identified at the ages of 6-9(boys) and 6-8(girls). This stage is seen as the developmental stage, which aims to identify and provide young performers with the overall athletic skills in addition to a introduction to basic throwing, catching and striking skills. This stage uses drills involving Agility, co-ordination, and balance, speed, throwing, striking and catching. Also the approach towards these sessions is very personal, and about the game. The first stage is performed in a fun environment, performing drills and other sporting activities. This stage is very beneficial because it identifies talented athletes at a young age. This is an advantage as being able to identify at a young age means that, they can be nurtured and moulded into a successful athlete. The youth that are selected for this programme show the ABCs specific movement skills(agility, balance, coordination, speed, striking ,catching and throwing) and are selected by coaches as they are watched performing, by coaches. This is an early stage in talent identification, and only those athletes that show the charisma are selected at this stage for further development. This can be slightly stressful, especially as the athletes are quite young, and are still developing, physically and mentally. Also it can ruin confidence of some youths, however overall this stage is quite selective and only few people are selected at this stage, as the level of performance that is required is evident when selecting the players. Commonly, like most of the stages the players are also recorded, in games or drills, without them being too aroused by it, so that they can perform in full confidence and in a stress free situation. This is a good way of making the assessment as at the age that they athletes are its not advisable to cause them, such a heavy pressure or burden and also if they have the charisma, it will be evident in natural, drills and games. An example of a cricketer that was founded at this stage is the great Sachin Tendulkar, who has gone on to become an icon in cricket and is commonly called the little master. Learning to train This is the second stage that identifies talent at the age 9-12(boys) and 8-11 (girls). Again similarly to the fundamentals stage it looks at the basic sport skills that athletes may have. The aim of identifying talents at this stage and at this age is to get athletes that can develop their movements associated with batting bowling, fielding and wicket keeping. Furthermore developing overall athletic skills they have. Coaches that are assessing young talents at this stage are looking for athletes that again show the charisma, alongside key components such as strength flexibility and speed. They asses the players again through observation of performance and ability. And on selection they are introduces to the skills in more specificity. They will look at the techniques and movements of performing the specific skills, (batting bowling ECT) along side will be introduced to training programmes that emphasise on the shoulders, elbow, spine, core, and ankle stability. Further more psychological skills will also be introduced near the end of stage. This is very similar to the first stage and is still about developing talent and nurturing their techniques and the way they approach the game. This is very influential stage and has positive effects on the athletes as they are more likely to listen and undertake the desired and appropriate approach towards performing the different skills. Never the less this stage can again be to early for some of the athletes that might show the ability however they might not be mature enough to carry and understand the principles of this stage in the talent identification. Training to Train This is the third stage, and is aimed towards 11-16(boys) 11-15(girls). It is a progression to the previous stage and aims to create further development on specifics skills and physical condition for the game. This stage is where it is more common for player to be identified as they are at a suitable age, and their abilities and talent is easier to indentify and work with. It is also a favoured stage by many coaches to identify talent as it is the stage where players have to focus on the physical and mental requirements. This stage of the development programme looks to increase technical work, for example on the front foot, and back foot playing bother attacking and defensive shots; and for bowlers pace and spin techniques are enhanced. Also overall team work and team fielding and working as a team is emphasised on. This stage differs from the other to as the age difference is higher and therefore the training toll is also at increased intensity and this is the stage where the athletes are introduced to fitness tests which are established to benchmark and monitor development. Athletes also have to keep positive attitudes and this is reinforced on and off the pitch. This stage is an important stage and very lucrative for the game as this is where most emerging cricketers are established. This stage of the development programme prepares them for the transaction to performing at a high level, and introduces and conditions them. However on the flip side the only problem with this stage is that the training must be carried out depending on each players PHV, which is the peak height velocity, which is also known as a growth spurt. This can be a set back as each individual has different time when they grow and mature, and if training is done before this it can have detrimental effects. Training to compete This is the third stage, which is aimed for 16-18 (men), 15-17 (women). This stage is a progression from the previous stage. However it is slightly different as it mainly aims to enhance game awareness and competitive development. The key principle in this stage is to create the optimum environment, so that the athletes learn the importance of independence and their responsibility. Also this stage looks to develop and concentrate on athletes technical and tactical skills that they use in game competitive situations, replicating the opportunity to make key decisions and making judgements. This stage also looks at lifestyle advice and support including managing tour, financial advice, career advice and education support. This is an important stage of talent identification for aspiring talent because it is the step that begins to prepare them for performance at high standards. This stage involves many drills and training sessions, which will enhance the players confidence alongside his ability to delivery constantly at the high levels that they have shown. Athletes will benefit from this stage as they will gain help in how to lead their lifestyle which will be changing as they make the transition to elite levels. Nevertheless this stage could be more specific, and personal to the players needs as each player might have different weaknesses. Training to win This is the third stage which is targeted for 18+ (men) 17 + (women). This is the stage where the maintenance of physical capacities and development of elite performer attributes is concentrated on by maintaining the right environment. This stage is also all about individualised training programmes and dependant on specific needs associated within the game. Athletes at this stage will look and concentrate mainly on team dynamics and will learn the importance of planning brakes to avoid burn outs and injuries. This is the final stage of development before players perform at elite levels therefore there are remedial support on fine technical work. This stage is very important and the advice on how to handle the change in lifestyle and the work on team dynamics is very lucrative for the athletes as these are main areas in which the game will differ from amateur to professional levels. Also the remedial session will also be beneficial as it will help boost confidence and just make sure that the players are totally ready for the transition. However on the other hand this may also backfire and by having remedial sessions, create more pressure and ruin the confidence of athletes but it is more dependent on the individuals preference and how the they react to the support. This is how the talent identification programme for cricket is structured. It is structured in such a way, as it covers a wide range of ages. Cricket is among many racket sports that involve perfection in technique, and therefore finding qualities in talent at young ages is very beneficial for the sport as it makes it earlier to teach, train and create a professional player. This approach is used as younger you are the more you will adapt, where as you get older you will not be able to adapt, as you get set in your own comfort zone. This is why having a set up that works through the ages, determining that they are moulding into the game is vital However the length of the programme and different stages can over complicate the process of being prepared to play at elite level. This may affect the athletes as they wont get the best advice and training that they might need. The talent identification programme for cricket is run by the English cricket board, however it is down to the coaches/ ex players who are allocated to counties across the country to recognise the talent and put them onto the development scheme. Players are commonly scouted and given these opportunities by being recognised at a club, or district level. It is common that through club matches, in large competitions, selectors may come down to watch the game. However it is also likely team managers and coaches get in touch with selectors as they also have a responsibility in finding young talent. The process of being selected to perform in talent development programmes means that once you have been recognised, you must have to perform your skills whilst being recorded. This can be done in a game situation, or done by training at indoor or outdoor net sessions. Players are recorded in this manor so that there is evidence of their ability. This is then analysed by the talent identification selectors who then will most likely come and watch the player perform. When selectors come to watch the players perform the normally have a check list of attributes that they are looking for in player. (Attachment sheet) This checklist normally states sets of questions under each skill they will be observing. They will also record them when they watch them so that they can double check their progress, and ensure that the player posses all the qualities. The approach of recording the players is taken as it gives the assessors evidence along side with more accuracy in when they make their verdict. The selectors use the videos to slow motion, and break down a players technique to ensure that they possess a sound technique. This is also beneficial for the player as it can help them see how they perform, in the eyes of others and give them inspiration and motivate them to improve little parts of their game. The manner in which players are selected is a quite a good strategy as it can be clear and easy to asses, alongside being beneficial for the performer. It can be beneficial to the performer as it can help them and their coaches pin point any weakness, and work on them if the selectors reject instead of getting demoralised. Also it having evidence of a recording alongside being watched means that there is benefit of doubt and evidence of you performing the skills properly, as anyone can have a bad game. It can also ease nerves. Never the less it can also have the opposite affect and create extended pressure on the athlete and make them underperform. This is rare as an attribute in cricket is to handle and play in pressuring and high intensity situations. Fitness is also tested once a player is selected. This is done by a series of fitness tests such as the multistage bleep test, 30metre sprints, one rep max , hand grip dynamiter ect These fitness tests are carried out as it gives the selectors information about the players fitness. Selectors will give different players different fitness tests depending on their role in a team; however the general components that everyone must pass are the bleep, 30 metre sprint, and one rep max. This fitness test must be passes as these are the test that measures the essential and most vital fitness components required for the sport. This talent identification programme will have a positive effect on cricket as it will enhance the quality and support that upcoming cricketers are receiving which will make the future of the sport brighter. Developing the young talent will give the sport a good name which will also lead to enhanced participation. This is good for the sport as it means that it will become better known and more money will be put into the sport which means the sports facilities are improved. Another advantage of this programme in the current environment is that it can give employment opportunities to coaches, as this programme spreads around the country. Furthermore the advantages from guiding the upcoming talent will mean that the country will produce a stronger clan of cricketers who can represent the country at world events and can contribute in making the countries team the worlds best team. It will also mean the quality of cricket, and ethics of the game that have been passed down through the years will still be present in the future games. This programme has a strong foundation, and is well structured which indicates that it is more than likely to be a successful in being able to find and develop the countries cricket and help produce new, world class cricketers. This can be ensured are the programmes is critically structured, so that it identifies talents at all age groups and trains the players selected in a large variety of manners so that they are conditioned. However it can also be noted that this programme will be a long process and it can create false hope to the talents that maybe selected as the programme can be seen to be slightly over critical. This means that many of the athletes that are selected may not succeed in performing in the highest levels as they might not be prepared or ready at the time to meet the demands of the different stages, but it does leave them with experience and give them more of a chance than those that havent been selected to make it to the highest podium of performance. On the whole this talent identification programme can be viewed as a potential success in meeting the aims of finding excelling talent in cricket and providing them a developing foundation from which they can grow into good cricketers. This can be proven by the depth of the programme and how it offers something unique and lucrative at each stage of the development. Never the less the programme is slightly long, and the calibre to which it has been created might be slightly too expensive to fund, as it will take a lot of money, and resources.

Saturday, October 26, 2019

Truth of Mining Toxins :: essays research papers

The Truth of the Mining Toxins In this novel Animal Dreams by Barbara Kingsolver is based on two sisters figuring out where they belong in life. They grow up in a small Native Latino American city named Grace, Arizona. In this small town there is a river that runs through the town. Codi, the older sister, is a teacher at the local school. She decided to take her students to the river to look at the water under a microscope and discovered that the water is contaminated. She ended up discussing this problem with a small group called the Stich Bitch Club. This group is only women and they discuss things about the town and many problems that occur in their everyday life. While the men of the town couldn’t get involved, the women solved things from the environment to help the town by being powerful feminists.   Ã‚  Ã‚  Ã‚  Ã‚  After Cody was brought into the group she known she would have to tell this information to the woman about the Black Mountain mining. The mining has been running sulfuric acid in the water through the town of Grace that is causing trees to die, including microscopic animals in the river. This sulfuric acid can also be used to kill rats and pond algae and many other small things in the river, but not the fish.   Ã‚  Ã‚  Ã‚  Ã‚   Mining toxins are something that is released into the environment by the businesses throughout the United States. In my research I discovered that the mining industry toxins that were most released was in the year 1998. Some things were, â€Å"metal mining:3.5 billion pounds, Gold mining:1.23 billion pounds, Air: 2 million pounds, coal mining: 13.3 million pounds.† (Drillbits, 1) For example, â€Å"Toxin gas released from a Union Carbide chemical plant in Bhopal that killed 2,500 people in India, in 1984.† (Drillbits, 1) All these different toxins are causing damage in the water, but most of all it is killing innocent people.   Ã‚  Ã‚  Ã‚  Ã‚  In the book it shows that Codi did discuss this problem with the Environmental Protection Agency (EPA) and they also discovered the sulfuric acid in the river. According to the Stich and Bitch Club they know they had to stop the company from building a dam and polluting the river. A certain woman from the Stich and Bitch Club suggested that, â€Å"My husband used to be a crane operator when the mine was running; he would know how to fix up the bulldozers from hell to breakfast.

Thursday, October 24, 2019

TOC in Project Management :: essays research papers

Using TOC To Improve Project Management. ________________________________________ Most projects, whether big or small, are undertaken either to create a new structure, such as a plant, an airport, an Olympic stadium, a bridge, a new product, etc., or to modify an existing structure, such as a plant expansion, adding a new production line, expanding a highway, etc. In most cases, the late completion of the project, such as finishing the Olympic stadium two weeks after the opening of the Olympics, or having a new airports' opening delayed until after the elections, etc., generally carries with it some significant negative ramifications for the project owner. At the same time, there are many cases where the early completion of the project will provide the project owner with significant positive ramifications, such as the market share gained by preempting the competitions' launching of a new product, or the increase in sales achieved by bringing the plants productive capabilities on-line sooner, etc. Another important characteristic of most projects is that many of the resources performing the individual project tasks are sub-contracted resources, at least in terms of their relationship to the project manager. As sub-contracted resources, they are often committed to completing more than one project specific task during any given window of time. The issue of resource availability is often further complicated by the nature of the disturbances associated with most project specific tasks. As a result, most sub-contractors will only commit to completing a project specific task within a window of time and by a specific date, regardless of the fact, that the actual time required to complete the project specific task is generally much smaller than the allotted time window. Hence, the detail scheduling of the sub-contractors resources is generally something that most project managers have little or no direct control over. Lastly, most projects usually involve the investment/expenditure of one or more limited resources, such as money, peoples time, skills, equipment, etc. As a result, most people try to maximize the return on these investments/expenditures, thus making the overall lead time, from start to finish, the key factor in almost every project. As with most decisions involving the use of limited resources, there is the need to consider trade-offs. Trade-offs that often appear as a conflict between the availability of the limited resource, which is usually money, and the overall project lead time from start to finish. As long as the decisions involve trade-offs which cannot be quantified into a single measurement, that is without a Final Judge, then the determination of "best" will always remain somewhat less than objective.

Wednesday, October 23, 2019

There are far too many (women) who are discriminated against and far too many employers who are using every single legal argument and loophole to dodge their obligations under equal pay law

Introduction The Equality Act 2010 (EqA)[1] came into force on the 1st October 2010, replacing the earlier Equal Pay Act 1970[2], with the aim of offering greater certainty. Despite this, there is largely a replication of the terms of the 1970 Act and there remain difficulties in enforcing the fundamental rule of equal pay for equal work, which is set out in Article 157 of the Treaty on the Functioning of the European Union[3] (TFEU). This has several elements which can potentially be argued by employers looking to discriminate against women, two of which areas will be looked at here, in order to confirm or deny the statement made at the outset that employers are using the legal argument to dodge their obligations. For the purposes of arguing this point, two issues will be considered, in more detail: the need for a comparator and the material justification defence. Comparator The sex equality requirement prohibits pay discrimination based on sex and therefore a woman looking to bring a claim of this nature will need to be able to compare her contractual terms with a comparable or sufficiently similar male comparator. This notion of a comparator is used across the whole area of discrimination however it is treated somewhat more stringently in the case of equal pay. In accordance with the EqA, it is necessary for the comparator to be actual. Unlike other areas of discrimination where the comparator can be hypothetical, it is necessary for the woman in this situation to find an actual comparator. It is also necessary for the comparator to be in the same employment, i.e. employed by the same employer or at least an associated employer. The comparator must also be a current or former employee, but cannot be a successor and the comparator is fundamentally the claimant’s choice. Bearing in mind all of these requirements, it is possible to see that there a re several options available to the employer, when it comes to arguing the validity of a comparator. In the case of Macarthys in 1980, it was held that there needed to be an actual comparator with the judge stating: â€Å"Comparisons are confined to parallels which may be drawn on the basis of concrete appraisals of the work actually performed by employees of different sex within the same establishment or service†[4]. It is noted that this is not the case with a direct pay discrimination claim, where a hypothetical comparator may be allowed for the purposes of evidencing sex discrimination and less pay for the same work. A similar difficulty emerges in the area of working in the same establishment. In the case of the City of Edinburgh Council, 2012[5], where the Inner House of the Court overturned the previous decision of the EAT that had previously argued that the terminology â€Å"establishment† could have a broad meaning. Instead, the Inner House restricted this substantially by saying that the comparator had to work at an establishment that was largely in the same geographical area. An employee looking to claim that they are being paid less will also need to find a comparator who is broadly employed on common terms (as stated in Section 1(6) of the 1970 Act and restated in EqA). For example, in the case of Leverton (1989)[6], it was possible for female nursery nurses to argue that they were being paid less than their comparators who were male clerical staff. All staff had a â€Å"purple book† of terms and conditions and this was sufficient to argue that they had common terms. Finally, there is the time frame over which the comparator has worked, with the ability of the claimant to look at a predecessor but not a successor. This was supported by the case of Walton, 2008[7], where it was held that a successor could not be used, as this would require the courts to hypothesise as to whether the comparator would have been treated differently, had they been employed at the same time. This is based on the argument that by looking into the future this would be hypothetical situation and impossible to consider how the employer would act in the future. It can therefore be seen that there are multiple issues involved in locating a comparator, which can potentially make it easier for an employer to escape their obligations and to allow them to look at ways of paying female employees less, either directly or indirectly, or at the very least making the matter difficult for an employee to prove, in the absence of an obvious and exact comparator. Material Justification Another area which presents a real opportunity for the employer to look at escaping liability is the use of the material factor defence contained in both the EqA and the 1970 Act. This defence allows an employer to pay an employee less than a comparator for whom they would otherwise be required to ensure equal pay, due to some non-discriminatory reason. There is non- specific requirement to deal with the notion of material defence, after the issue of equal pay has been discussed and it may be that the tribunal will in fact consider the material justification defence, at the outset, when looking at whether the jobs were of equal value[8]. The material factor defence is dealt with in Section 1(3) of the 1970 Act, where it is stated that the employer would have a defence, if they could show that the difference in salary â€Å"is genuinely due to a material factor which is not the difference of sex†. This is a genuine requirement and allows for employers to have a distinction between pay where it is required for the business need. An employer can show that they have a material factor defence where they can prove the following. Firstly that the explanation is genuine, secondly that the reason for less favourable treatment was down to that explanation, thirdly that the reason was not considered to be the difference of sex and finally that the reason is a significant and relevant difference between the man and woman in the instance[9]. When looking at the genuineness of the situation, the House of Lords stated in Bury Metropolitan Council that tribunals should not become too concerned over the issue of genuineness and should instead simply look at the facts surrounding the situation[10]. In this case, it was also stated that the difference will only be a sham, if it â€Å"has been deliberately fabricated in order to present things otherwise than as they are†. Crucially, it is also necessary for the factor to be material meaning, in accordance with Rainey, 1987, where the difference is significant and relevant, but this could be with reference to external factors, such as the market and not necessarily simply down to the skills and knowledge of the individuals in question[11]. When it comes to material justification, the burden of proof shifts from party to party in such a way that offers a real opportunity for the employer to escape liability. Once the employee has shown that there is a prima facie case for an equal pay claim, the employer then has the burden of showing a material factor defence, before the burden then travelling back to the employee to show that this was not genuine or in error in some way. For example, it may be argued, as was the case in Cooksey and Others (2011)[12], that the use of an on call allowance had the impact of men getting paid more than women, due to men being typically more available to undertake such work; this was sufficient to constitute a material factor defence and the case was allowed, with the employer being culpable. Conclusion It is concluded here that the original statement made that employers have been able to use legal argument and loopholes as a key way of escaping liability under the equal pay legislation is not merely a theoretical argument, but one that is supported and shown time and time again through the tribunals and court system. It is argued here that by just looking at the area of identifying a comparator and the area of a material factor defence, there is a multitude of complexities that can be used by the employer to evade liability. This area needs to be revisited carefully, if there is to be sufficient protection offered to women, in the future. As it stands, all but the most obvious of discriminatory scenarios are likely to evade the full extent of the legislation and this matter requires review, as a matter of urgency. Practicality is such that there are a variety of factors which may lead to a discrepancy of pay yet this needs to be addressed to ensure that any differences are material ly justifiable and are appropriate in all circumstances so as to reduce the overall pay gap as far as possible. Bibliography Bury Metropolitan Borough Council v Hamilton and other cases [2011] IRLR 358 City of Edinburgh Council v Wilkinson and others [2012] IRLR 202, Cooksey and Others v Trafford Borough Council and others UKEAT/0255/11 Equality Act 2010 Equal Pay Act 1970 Forex Neptune (Overseas) Ltd v Miller [1987] ICR 170, Glasgow City Council v Marshall [2000] ICR 196 (HL) Treaty on the Functioning of the European Union Leverton v Clwyd County Council [1989] IRLR 28 (HL). Macarthys Ltd v Smith [1980] IRLR 210 Prentis D, Unison. 2013. commenting on North and ors v Dumfries and Galloway Council 2013 SC 45 Rainey v Greater Glasgow Health Board [1987] ICR 129 Walton Centre for Neurology & Neuro Surgery NHS Trust v Bewley [2008] IRLR 588