Wednesday, July 31, 2019
Love in ââ¬ÅA Midsummer Nights Dreamââ¬Â Essay
In Shakespeareââ¬â¢s ââ¬Å"a Midsummer Nights Dreamâ⬠love is shown in many different ways. During the play there are many different sub-stories and extra plots that it is easy for Shakespeare to add many different ideas, these sub-stories in the play are the story of Pyrimus & Thisbee and also the story of the Fairy King and Queen Oberon and Titania. With these added plots in place Shakespeare adds the themes of deceit, magic and confusion. In Act 1 Scene 1 parental love is shown when Hermiaââ¬â¢s father Egeus tries to get his daughter to marry Demetrius who he believes is much better for Hermia than her true love Lysander. Egeus believes he is protecting his daughter by attempting to force her to marry Demetrius but is actually going against his daughters wishes as she wants to marry Lysander, Egeus then presents her with an ultimatum which makes her choose to marry Demetrius of live a Celibate life in the church and it is at this point in the play that Hermia and Lysander choose to runaway. This is a good example of parental love going terribly wrong as Egeus loses control over his daughter when she deceives him by running away with the man her father disapproves of her marrying, this also starts of the plot of the confused lovers. Shakespeare portrays the confusion between Hermia, Lysander, Helena and Demetrius by using the fairies and the ideas of dreams and magic so the reader cannot tell what is reality and what is fantasy. It is at this point in the play when the fairies are brought into the play as the mischievous ââ¬ËPuckââ¬â¢ causes mayhem between the four Athenians. The confusion is caused when Oberon sees Helena constantly doting over Demetrius despite Demetriusââ¬â¢s love for Hermia, he then sends Puck to fetch a magical flower to put on the eyes of Demetrius so that he would wake and set eyes on Helena and fall in love with her, but this all goes wrong when he places the flower on Lysanderââ¬â¢s eyes and he is woken by Helena, consequently falling in love with Helena and snubbing Hermia. The confusion thickens further as Puck then also applies the magical flower to Demetrius and he also falls in love with Helena and results in Lysander and Demetrius fighting over Helena. This keeps the r eaders interest because of the sudden role reversal between Hermia and Helena. The Confused Lovers is written into the play well into the play very well and effectively and by portraying it using fantasy andà magic Shakespeare is able to add another dimension to the play. By bringing magic into the play Shakespeare introduces the deceitful element to the love and also a higher level magical degree. The story of Oberon and Titania is one of Male Dominance, Jealousy and Conflict. Titania and Oberon are king and queen of the fairies and there relationship affects the goings on of nature. Titaniaââ¬â¢s part in the play is highly unpredictable as she shows love for 3 different characters; these characters are Oberon, Nick Bottom, and The changeling child. These are three different types of love, her love for Oberon seems forced and full of conflict, her love for Nick Bottom is due to the same magic as used on the confused lovers and her love for the Changeling Child is out of care and consideration as she has rescued it. The changeling child sparks the argument between Oberon and Titania and this leads to Titaniaââ¬â¢s abrupt love for Nick Bottom. This is planned by Oberon as revenge for Titania not giving him the changeling child as a servant. Titaniaââ¬â¢s love for Bottom is only due to magic and many other aspects, one of these aspects is Titaniaââ¬â¢s love of being in love and the love for bottom is very wrong. It is wrong as he is an innocent victim of Oberon and Puckââ¬â¢s trouble making and cannot do anything to stop what has happened and Titania takes advantage of this using her beauty and the luxurious treatment he gives him to get what she wants while he believes it is a dream, we realise this as he isnââ¬â¢t sure where he is or what happened to him. There is love between Hermia and Lysander and also Demetrius and Helena either side of the confusion when the four venture into the forest. The love between Lysander and Hermia is very true and exists from Lysander to Hermia and vice versa. This is displayed very early on in the play when Lysander refuses to give up on Hermia when her father demands she marry Demetrius and also when Hermia is willing to run away from a life of spoils and riches just to be with Lysander. This love is still the same at the end as neither Hermia nor Lysander have any memory of what happened due to magic yet again. On the other hand the love between Demetrius & Helena is forever changing up until the end of the play, at the start Helenaââ¬â¢s love for Demetrius is doting and obsessive but Demetrius returns none of this love. This is wellà shown when they are in the forest and Helena says ââ¬Å"the more thy object me the more I dote on youâ⬠she continues to make comments like this even when Demetrius continually rejects her, it is obvious he dislikes Helena as he makes comments such as ââ¬Å"I love thee not, therefore pursue me notâ⬠this makes it obvious to Helena that Demetrius dislikes her but she still pursues him right up until the end of the play when he finally falls in love with her. Although once more this love is only due to the magical works of Puck. The problems between Hermia and her father are resolved when the four now unconfused lovers are found by Theseus and Egeus in the forest, Theseus then heard of there love for each other and declared ââ¬Å"fair lovers you are fortunately metâ⬠and all happiness is achieved. The four lovers have no memory of the events that have happened and think it is all a dream but it is actually reality. Shakespeare uses a variation of techniques and themes to portray love in ââ¬Å"A Midsummer Nights Dreamâ⬠. Many are successful but the sub plot of Pyramus and Thisbee is unsuccessful as it does not play a major part in the play and the reader knows that the happenings of the play are not reality but with the other themes the reader does not know whether the happenings were reality or not. The other themes are successful because of the fact that there is no differentiating between reality and dreams, I think Shakespeare is successful in portraying love in the play and I also believe that his extensive use of various themes is a key to this success.
Engine Lab Report
Engine Lab Report Diesel Engine Load/N |Fuel Time/s |dH/mmH2O |Speed/r. p. m |Temp/? |Air consumption/kg/H |Fuel consumption/kg/H |Air-fuel ratio |Power/kw |Efficiency/ % | |40 |121. 6 |17. 5 |3018 |26. 6 |130. 16 |2. 47 |52. 7 |4. 5 |0. 019 | |80 |94. 72 |17. 5 |3009 |26. 7 |130. 14 |3. 17 |41. 05 |8. 97 |0. 059 | |125 |72. 76 |17 |3009 |26. 8 |128. 25 |4. 12 |31. 13 |14. 02 |0. 111 | |171 |56. 95 |17 |3000 |26. 9 |128. 23 |5. 72 |24. 33 |19. 12 |0. 161 | |212 |46. 06 |16. 5 |3006 |27. 1 |126. 28 |6. 51 |19. 40 |23. 6 |0. 202 | |232 |41. 20 |17 |3010 |27. 2 |128. 16 |7. 28 |17. 60 |26. 03 |0. 216 | | Petrol Engine Load/N |Fuel Time/s |dH/mmH2O |Speed/r. p. m |Temp/? |Air consumption/kg/H |Fuel consumption/kg/H |Air-fuel ratio |Power/kw |Efficiency/ % | |40 |285 |2 |3000 |26. 8 | 42. 50 | 3. 19 | 13. 32 | 4. 47 |0. 014 | |109 |191 |7 |3000 |27. 4 | 79. 44 | 4. 77 | 6. 65 |12. 19 |0. 072 | |160 |160 |8 |2950 |28. 2 | 84. 81 | 5. 69 | 14. 91 |17. 60 |0. 125 | |248 |110. 5 |14 |3000 |28 . 2 | 112. | 8. 24 | 13. 62 |27. 74 |0. 215 | |313 |93. 56 |20 |3000 |28. 3 | 145. 4 | 9. 73 | 14. 94 |35. 01 |0. 290 | |374 |71. 81 |27 |3000 |28. 4 | 168. 9 | 12. 68 | 13. 32 |41. 83 |0. 317 | | [pic] Fig 1 [pic] Fig 2 From Fig 1, we know that air-fuel ratio of the petrol engine is not changing much as the brake power increases, however for the diesel engine, the air-fuel ratio drops as the power increases. This is because the throttle which is situated in the air intake duct of the petrol engine.For the petrol engine, the combustion takes place in the whole cylinder, so the air-fuel ratio should be maintained to make sure the combustion to take place rapidly enough all the time. The throttle will adjust the air-fuel ratio. For the diesel engine, the combustion takes place around individual droplets of the fuel spray, therefore the output is related to the amount of fuel injected, and the air flow is not controlled. Fig 2 shows that the efficiency increases with the power for both engines, however the diesel engine reaches higher efficiency than the petrol engine.This is because, for the diesel engine, the input of the fuel is in the form of fuel spray. The compression of the fuel and air is avoided. This will make the maximum cylinder volume to minimum larger, and leads to higher efficiency. So, the petrol engine should be used in light vehicles because it is lighter than the diesel engine and it can reach higher power than the diesel engine which produces higher speed of the cars. And, the diesel engine should be used for the heavy vehicles, since it has higher efficiency. The heavy cars need to do more work, so the efficiency is more important to them. Engine Lab Report Engine Lab Report Diesel Engine Load/N |Fuel Time/s |dH/mmH2O |Speed/r. p. m |Temp/? |Air consumption/kg/H |Fuel consumption/kg/H |Air-fuel ratio |Power/kw |Efficiency/ % | |40 |121. 6 |17. 5 |3018 |26. 6 |130. 16 |2. 47 |52. 7 |4. 5 |0. 019 | |80 |94. 72 |17. 5 |3009 |26. 7 |130. 14 |3. 17 |41. 05 |8. 97 |0. 059 | |125 |72. 76 |17 |3009 |26. 8 |128. 25 |4. 12 |31. 13 |14. 02 |0. 111 | |171 |56. 95 |17 |3000 |26. 9 |128. 23 |5. 72 |24. 33 |19. 12 |0. 161 | |212 |46. 06 |16. 5 |3006 |27. 1 |126. 28 |6. 51 |19. 40 |23. 6 |0. 202 | |232 |41. 20 |17 |3010 |27. 2 |128. 16 |7. 28 |17. 60 |26. 03 |0. 216 | | Petrol Engine Load/N |Fuel Time/s |dH/mmH2O |Speed/r. p. m |Temp/? |Air consumption/kg/H |Fuel consumption/kg/H |Air-fuel ratio |Power/kw |Efficiency/ % | |40 |285 |2 |3000 |26. 8 | 42. 50 | 3. 19 | 13. 32 | 4. 47 |0. 014 | |109 |191 |7 |3000 |27. 4 | 79. 44 | 4. 77 | 6. 65 |12. 19 |0. 072 | |160 |160 |8 |2950 |28. 2 | 84. 81 | 5. 69 | 14. 91 |17. 60 |0. 125 | |248 |110. 5 |14 |3000 |28 . 2 | 112. | 8. 24 | 13. 62 |27. 74 |0. 215 | |313 |93. 56 |20 |3000 |28. 3 | 145. 4 | 9. 73 | 14. 94 |35. 01 |0. 290 | |374 |71. 81 |27 |3000 |28. 4 | 168. 9 | 12. 68 | 13. 32 |41. 83 |0. 317 | | [pic] Fig 1 [pic] Fig 2 From Fig 1, we know that air-fuel ratio of the petrol engine is not changing much as the brake power increases, however for the diesel engine, the air-fuel ratio drops as the power increases. This is because the throttle which is situated in the air intake duct of the petrol engine.For the petrol engine, the combustion takes place in the whole cylinder, so the air-fuel ratio should be maintained to make sure the combustion to take place rapidly enough all the time. The throttle will adjust the air-fuel ratio. For the diesel engine, the combustion takes place around individual droplets of the fuel spray, therefore the output is related to the amount of fuel injected, and the air flow is not controlled. Fig 2 shows that the efficiency increases with the power for both engines, however the diesel engine reaches higher efficiency than the petrol engine.This is because, for the diesel engine, the input of the fuel is in the form of fuel spray. The compression of the fuel and air is avoided. This will make the maximum cylinder volume to minimum larger, and leads to higher efficiency. So, the petrol engine should be used in light vehicles because it is lighter than the diesel engine and it can reach higher power than the diesel engine which produces higher speed of the cars. And, the diesel engine should be used for the heavy vehicles, since it has higher efficiency. The heavy cars need to do more work, so the efficiency is more important to them.
Tuesday, July 30, 2019
Causal Determinism
Philosophy Mini Paper 1 Causal determinism claims that our past, initial conditions are deterministicly conditioned by natural laws. Causal determinism deals with conditional predictability, which says that if I know all of my past/present material conditions and natural laws, then I can know my future causal path. Since we always base our choices on our highest desire, we can easily predict what choices one is going to make. It seems very plausible for casual determinism to be true. With causal determinism on one end of the spectrum, and existentialism on the opposite end, we have two conflicting philosophies of romance vs logic. It seems only logical for us to assume that indeed, we base our decisions based upon what we deeply, truly desire the most. The notion that we lack the capacity of free will, though, is daunting. To think that we have no control over our lives is really rather terrifying, so it becomes very apparent why someone would want to reject these theories. Causal determinism hasn't necessarily affected my views of life dramatically, but it helps keep everything into a conscious perspective. To live a meaningful life it's important to live consciously, that is to say, to escape the hypnotizing effects of living life monotonously. I believe that in order to accomplish a lucid life, it's important to retain existentialist aspects in daily life. To live life on a path without the sense of freedom seems like it would be similar to those nightmares we have in which we know the horrors that are about to happen, but can do nothing to prevent it. To live a robotic life is too easy. To throw everything into the wind and say that we have no control over our lives is too easy. To say humanity has an inability to control itself is far too pessimistic and a twisted way to live one's life. It's empowering to believe in one's ability to make something of their life, to truly live life spiritually. I don't feel that causal determinism should impacts one's views on moral responsibility drastically. To think that whatever is going to happen will happen anyway, and to avoid morality, is definitely a flawed way of thinking. Because of our desire to live in a morally praiseworthy fashion, we may let moral values influence the decisions we make. We should not simply disregard everything happening in our surroundings because we think we have no control. As far as friendship goes, yes, we typically befriend those that are like-minded in some regard or another. This isn't a new or unusual concept, this notion is widely known. There are countless psychological factors that are at work with the ongoing process of friend-making. Causal determinism doesn't change what is already known about making friends. Love is one of the most confusing of human emotions. To say that there is a soul mate for each person would be agreeing with causal determinism. It seems, in an odd sense, too romantic for the theory, but they're one in the same regardless. Some believe in soul mates, that there is one person each is destined to belong with. It would make sense for a causal determinist to believe in the idea of a soul mate. Causal determinism feels far too depressing to follow religiously in a day-to-day lifestyle. While the theory may be a logically correct way to look at life, it seems to strongly strip away what it means to live as a conscious human. Sure it's important to keep a balance of logic and romance in the way one lives their life, but it seems like following causal determinism may be tipping this scale too far to one side.
Monday, July 29, 2019
Course Work Essay Example | Topics and Well Written Essays - 500 words
Course Work - Essay Example While the differences are that while hormones are produced by the endocrine system in our body neurotransmitters are created at nerve terminals and they need to be triggered by an electrical impulse sent by the brain. Hormones have to be secreted directly into the bloodstream since they can only travel short distances where the neurotransmitters are secreted at the nerve synapse. The hormones can be synthesized artificially outside the body and neurotransmitters have to make inside the body. Dopamine is the neurotransmitter that controls the brainââ¬â¢s pleasure centers which also helps to regulate emotions and movement. It functions to help us see pleasurable things and also attracts us towards them. Drugs like cocaine affect the dopamine in the brain and make it work better and faster so people get addicted to the sensation of being drugged. The association cortex is the cerebral cortex located outside the primary areas of the brain and it is needed to perform essential mental tasks that are more complicated than the detection of dimensions of sensory stimulation. In the animal kingdom, the cerebral cortex is more developed in the humans than any other species since it is absolutely necessary for perceptual activities like recognizing and understanding the differences in objects rather than edges or color. Repeated drug abuse causes damage in the association cortex which tends to signal the brain to produce a ââ¬Ëhappy sensationââ¬â¢ with drug abuse. Most of the time, the people may not be technically addicted to the drug itself however the emotional response that it produces brings pleasure to the body and mind. Since the cortex is damaged by substance abuse, the ââ¬Ëhappyââ¬â¢ sensation is not produced until the drug is taken so it makes the user vulnerable. These responses can be produced by narcotics, he roin and cocaine and alcohol. "We now know that many
Sunday, July 28, 2019
Breaking The Cycle of Teenage Pregnancy Essay Example | Topics and Well Written Essays - 6000 words
Breaking The Cycle of Teenage Pregnancy - Essay Example Programs related to reducing the incidence of teenage pregnancy will be examined along with their effectiveness. Based on the analysis of all the data collected and programs to in place recommendations for needed programming will be discussed. Alternate options available to preganant teens will be discussed as well. A million teenà °ge women become pregnà °nt in the United Stà °tes every yeà °r, the và °st mà °jority unintentionà °lly. à lthough the rà °te of teenà °ge pregnà °ncy hà °s increà °sed drà °mà °ticà °lly à °mong à °ll teens since the eà °rly 1970s, à °mong sexuà °lly à °ctive à °dolescents, pregnà °ncy rà °tes hà °ve à °ctuà °lly decreà °sed 19% over the là °st two decà °des. This decline in pregnà °ncy à °mong sexuà °lly à °ctive teens is due in là °rge pà °rt to better use of contrà °ceptives. Recent estimà °tes show thà °t à °pproximà °tely 12% of à °ll teenà °ge girls (à °ged 15-19) become pregnà °nt eà °ch yeà °r, whereà °s 21% of those who hà °ve hà °d sexuà °l intercourse (à °ged 15-19) become pregnà °nt à °nnuà °lly (à là °n Guttmà °cher Institute, 2003). Regà °rding births resulting from teenà °ge pregnà °ncies, the percentà °ge of teenà °ge women who gà °ve birth rose à °lmost 19% from 2000 to 2002 (the là °st yeà °r for which stà °tistics à °re currently à °và °ilà °ble; à là °n Guttmà °cher Institute, 2003). The à °bortion rà °te à °mong teens hà °s remà °ined fà °irly stà °ble since the là °te 1970s, with à °pproximà °tely 43 teens per 1,000 opting for à °bortion. However, over thà °t sà °me time period, à °bortion rà °tes hà °ve declined steà °dily à °mong sexuà °lly experienced à °dolescent women, both becà °use à ° lower proportion of teenà °gers becà °me pregnà °nt à °nd becà °use à ° lower proportion of pregnà °nt teenà °gers choose to hà °ve à °n à °bortion. Rà °cià °l differences exist in both the prevà °lence of à °dolescent pregnà °ncy à °nd à °dolescent childbeà °ring. For exà °mple, Blà °ck teenà °gers hà °ve historicà °lly hà °d à ° higher pregnà °ncy rà °te thà °n their Hispà °nic à °nd White peers: 19% of à °ll Blà °ck
Saturday, July 27, 2019
Corporate governance in Poland Essay Example | Topics and Well Written Essays - 1250 words
Corporate governance in Poland - Essay Example lf-regulation in the global business markets has resulted in the establishment and standardisation of corporate governance policies and codes (Maassen, Bosch and Volberda, 2004). This paper will explore the concept of corporate governance in Poland drawing from the privatisation movement of the 1990s, which resulted in massive changes in the corporate structure and organization, thereby prompting the practice of corporate governance in the country. In the business context, the concept of corporate governance refers to the system through which management teams direct and control their organisations in pursuit of the organizational goals and objectives (Rossouw, 2008). Organisations have a set of goals and objectives, which they pursue following premeditated strategies, with the intention of maximizing outcomes; in that respect, governance provides the fundamental framework that organisations follow in setting up objectives and achieving them (Pucko, 2005). In other words, corporate governance is the mechanism through which the management is able to monitor the actions, policies, and decisions of corporations while ensuring that the partisan interests among the different organizational stakeholders are properly aligned for effective operations (Witherell, 2000). Corporate governance has emerged to be a crucial aspect of the corporate world today (Rossouw, 2009), following the global demand for accountability in corporations, whi ch has been prompted by the succession of numerous cases of malpractices in global corporations (Todorovic & Todorovic, 2012). Generally, corporate governance is a very fundamental concept in the corporate management practice especially in todayââ¬â¢s highly dynamic and complex global business environment that requires formal organizational structures for operational effectiveness (Sreejesh, 2012). Corporate governance in Poland was introduced in the 1990s following the privatization of numerous State Owned Enterprises through the issuance of
Friday, July 26, 2019
How shipowners deal with bad freight rates in a shipping recession and Dissertation
How shipowners deal with bad freight rates in a shipping recession and compare liner freight rates with dry bulk freight rates - Dissertation Example There are significant gaps in knowledge research on the Greek maritime shipping industry created by publicly-owned companies and lack of data on operations, pricing, and general business strategies. This study added to the limited domain of knowledge by discovering high dependency in debt, currency, exchange rates, port efficiency and asset value as it relates to price establishment during recessions. The study further identifies low dependency variables related to price-setting during difficult economic periods of recession. Unpredicted phenomenon in this industry was also identified, with a discussion of implications to this maritime shipping industry. TABLE OF CONTENTS 1.1 Introduction................................................................................................................... 1.2 Research aims and objectives........................................................................................ 2.0 Literature review........................................... ................................................................. 2.1 Demand and crude oil prices.......................................................................................... ... .................................................................................................................. 2.6 Investment strategies...................................................................................................... 2.7 The competitive marketing environment........................................................................ 2.8 A discussion of knowledge gaps..................................................................................... 3.1 Research methodology.................................................................................................... 3.2 Ethical and other considerations...................................................................................... 4.1 Summary of results.......................................................................................................... 4.2 Presentation of results...................................................................................................... 5.1 Discussion of results........................................................................................................ 5.2 The nature of price setting in maritime industry.............................................................. 6.0 Conclusion........................................................................................................................ References Appendices LIST OF FIGURES Figure 1: Stability of Crude Oil Shipment Demand................................................... Figure 2: Aframax Tanker Asset Values..................................................................... Figure 3: The Clearing Process of Buyer-Seller FFA Swaps..................................... Figure 4: Mean Questionnaire Scores for High Dependency Variables Related to Pricing
Thursday, July 25, 2019
Steve Wozniak Essay Example | Topics and Well Written Essays - 1000 words
Steve Wozniak - Essay Example Wozniak remains unknown to many including some of the most loyal consumers of Apple products. Indeed, education goes hand in hand with technological innovations and advancing. This essay, thus, purposes to illuminate the impetus behind Wozniakââ¬â¢s innovation and relate it to educational attainments. Jobs started Apple Co. with Steve Wozniak in 1976. Wozniak provided his technical ability while Jobs brought his mesmerizing energy on the table to develop a powerful team. Wozniak showcased his first home-made Apple I computer at Homebrew Computer Club in Silicon Valley in 1976. Appleââ¬â¢s popularity took a sudden twist and rose exponentially following Jobs employment at the Byte Shop. Wozniak soon followed suit and released a computer that made Apple as a company overly popular. The talented engineer built Apple II single-handedly ensuring that every hardware and software component had its place. What is more, Wozniak did this while still delivering at his day job with his coll eague, Jobs, at Hewlett-Packard. Apple II went public in 1977 during a computer fair held in the West Coast. In the years that followed, Apple became a publicly listed company in the biggest IPO in 1956. Apple II redefined personal computers and introduced myriad ordinary people to extraordinary personal computers. The reason behind this success was the amazing design. An interview with Wozniak reveals the miraculous aspect of the engineerââ¬â¢s character (Ghosh 1). The teachers saw my smartness and encouraged me to read widely.Ã
Philosophy of Science - Does Creationism qualify as science Essay
Philosophy of Science - Does Creationism qualify as science - Essay Example This new aspect erroneously emphasizes that both the earth and universe were born some 10,000 years ago and the present life form of the earth is the outcome of catastrophes like floods. Some creation scientists again hold that human beings were born out of divine intervention for the presence of intelligence absent in others. The creationism aspect of science on account of the above examples is countering problem for the proper teaching of science. (Skehan & Nelson, 1-2). Thus, the activities of creation scientists are aiming to draw a rift between experimental nature of science and a scientific approach based on false dogmas and religious ideologies. Creationism which fails to impart an experimental outlook fails to be qualified as Science. Controversial Theories of Creation Science against Science Scientific Creationism is observed to largely mingle religious ideologies with scientific doctrines causing the formation of erroneous facts which cultivate an environment of misinformat ion. In fact, the doctrines rendered by Creation Science which states that the formation and destruction of life forms on the planet were the outcome of a deluge were observed to bear close resemblance to Biblical theories. These facts rendered by Creation Science draw controversies for Science has already stated the age of the earth as amounting to some billions of years. With regards to the development of the large diversity of flora and fauna Science has successfully shown that these diversities sprouted out owing to the effects of evolution. The facts stated by Science gain ground for being supported by experimental observations conducted through the study of fossils which claims that evolution is a spontaneous phenomenon and not merely a theory. An endeavor to intensify the realm of Creation Science to reach the Science classrooms was largely contested on several grounds. The Law of the land observed such moves of Creation Science as totally unconstitutional due to mainly three aspects. Firstly, it was observed that such a drive affected the secularity of the region and legislation. It is because the approach of Creation Science is considered to have strong linkages to the Catholic religion. Secondly, it was held that the Creation Scienceââ¬â¢s approach was involved more in spreading religion than centered on imparting knowledge. Thirdly the approach made by Creation Science was also felt as anti-governmental activity and thus an endeavor was made to restrict its further development. Several schools of the American region were strictly directed to disallow the professing of the doctrines of Creation Science. The activities of Creation Science however did counter less halt as it came out with the doctrine of ââ¬ËIntelligent Designââ¬â¢. The theory of ââ¬ËIntelligent Designââ¬â¢ is considered to be propounded by the Creation Science theorists to counter the strength of legislative actions imposed upon it. The theory of ââ¬ËIntelligent Desi gnââ¬â¢ propounded by the Creation Scientists presents itself in two parts. The first part aimed at totally criticizing the theory of evolution framed by Charles Darwin. It aimed at stating that the theory of evolution was totally wrong and practically suffered from absence of a strong base. In the second part the concept of ââ¬ËIntelligent Designââ¬â¢ tried to focus that each of the different life forms on earth including the intelligent human beings were the actions of some
Wednesday, July 24, 2019
Literature Search Research Paper Example | Topics and Well Written Essays - 1000 words
Literature Search - Research Paper Example One of the major problems a hospital administrator has to address is the possibility of the occurrence nosocomial infections (hospital acquired infections). All the leaders of hospitals should aim to eradicate nosocomial infection from their institutions with the assistance of good governance and administrative policies. While aiming for better medical institutes it is also necessary to make the nursing staff knowledgeable. The National Quality Forum has made great steps in providing nurses with scholar program. The National Database of Nursing Quality examined the approach of nurses towards wounds, and they concluded that a nurseââ¬â¢s certification in wound car and handling would increase levels of reliability among patients. A nurse is not complete without his/her license. Apart from passing a nursing exam it is necessary for the nurse to have a license to work. The article ââ¬ËCommunication Discrepancies between Physicians and Hospitalized Patientsâ⬠was written by Douglas P. Olsen and Donna M. Windish in 2010. The 2 doctors researched on patient-doctor communication, and the gaps that were present in between them. The research was carried out in the space of 1 year and questionnaires were distributed among physicians and inpatients. Only 18% of the patients admitted knew the names of their doctors whereas about 77% physicians thought the patient knew their name. Most of the patients complained of miscommunication as more than half of the subjects were not briefed about the adverse effects of the drugs they were receiving. Communication between patients and their doctors is the core ingredient in treating a patient and satisfying them. Even though the collaboration is highlighted a lot but there is still a gap between patient and physicians. The results of the questionnaires pointed out difference of opinions and this is an alarmin g stat because it has effect on the health care sector (Olson and Windish, 2010). The article
Tuesday, July 23, 2019
Enterprise ebusiness strategy Essay Example | Topics and Well Written Essays - 1750 words
Enterprise ebusiness strategy - Essay Example This will also ensure attendant benefits for the economy. The main impediment to the takeoff of B2B in the today's world is inadequate information and communications technology (ICT) infrastructure, as well as shortcomings in physical infrastructure, logistics and trade facilitation. A rapid growth in both e-commerce and Internet use is expected to continue. This applies especially in context to the developing world with low penetration rates. Internet use recorded a growth of 30% in 2001. It should be noted here that one third of all new users belong to the developing world. E-commerce is increasing in these countries at a very slow rate especially in the case of B2B comprising around 95% of all e-commerce. Source: PRESS RELEASE, 18 November 2002. TAD/INF/PR65. GOOD PROSPECTS FOR IT INDUSTRY IN 2003, PREDICTS UNCTAD; Developing world looks to e-business for growth. Asia Pacific Network Information Centre. Official website. Disintermediation is defined as the removal of intermediaries in a supply chain in terms of economics: "cutting out the middleman". companies may now deal with every customer directly like through the Internet instead of using traditional distribution channels having some type of intermediate like a distributor, wholesaler, broker, or agent. Drop in the cost of servicing customers directly is the most important feature. Disintermediation is the result of high market transparency where the buyers are aware of supply prices direct from the manufacturer. Buyers bypass all the middlemen like the wholesalers and retailers in order to buy directly from the manufacturer and thereby paying less money. Buyers can also select to purchase from wholesalers. A B2C intermediary functions as the bridge between buyer and manufacturer. A typical B2C supply chain is composed of four or five entities (in order): Supplier Manufacturer Wholesaler Retailer Buyer Source: wikipedia. Disintermediation. Review on an article on backend EC integration All enterprises are lining up into virtual alliances in order to remain competitive in the globalizing markets. Virtual enterprises constitute location-independent association of financial institutions, industrialist and many more aimed towards a shared goal. These networked organizations do integrate their value chain to enhance the customer-perceived added-value while sharing their resources in a more efficient way then ever. The paper by Ralf Reussner is entitled as Enhanced Component Interfaces to Support Dynamic Adaption and Extension. A new interface model for software components is presented in this paper that not only specifies static information but also semantic applicability information in order to ensure non-conflicting run-time behavior and to facilitate component adaptation. The paper by Niels Christian Jul compares two E-Commerce servers, IBM's NetCommerce and Microsoft's Site Server Commerce based on a B2B case study. It emphasizes on the integration of the servers
Monday, July 22, 2019
Social Injustices Essay Example for Free
Social Injustices Essay ââ¬Å"It is obvious today that America has a defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked as ââ¬Å"insufficient funds. â⬠But we refuse to believe that there are insufficient funds in the great vaults of opportunity in this nation. So we have come to cash this check ââ¬â a check that will give us upon demand the riches of freedom and the security of justice. ââ¬â Martin Luther King Jr. In the novel Warriors Donââ¬â¢t Cry and the film Remember the Titans the translation of power from whites to African Americans is portrayed very clearly reflecting the time period of the late 1950ââ¬â¢s to the early 1960ââ¬â¢s. First, in the novel Warriors Donââ¬â¢t Cry, when the Little Rock Nine integrated Central High there was a mass number of white students that wanted to execute them. President Dwight D. Eisenhower tried putting a stop to this by bringing in the 101st Airborne to protect the nine students. However, his solution did not go to its full extent, Governor Faubus refused this and started taking the soldiers out of the school and replacing them with the Arkansas National Guard. When Governor Faubus did this it aroused many problems such as: the nine students were not safe at all and also when an attacker came on to one of the nine the soldiers just stood there and watched. Also there was a white boy named Link in the novel that helped Melba out. One of the things he did was on a school night he called her warning her not to sit in her assigned seat the next day because the segregationist planned something very sinister. So when she entered that class the next day she did not sit in her seat because there was peanut butter and glass in her assigned seat. Next, in the film Remember the Titans Coach Yoast had a chance to be in the hall of fame only if he lost the next football game on purpose. When the Titans came out and smashed the team in that game Coach Yoast was told that he was out of the running. So then the next day when Yoast and Coach Boone were talking, Coach Boone told him that he was a hall of famer in his books. Also when Julius was waiting outside of Gerryââ¬â¢s house a cop pulled up next to him and told him that he did very well in the game on the previous night. My favorite part in the film is a great example of shifting of power. Was when all the football players were not getting along at camp and Gerry and Julius bonded after a play by saying ââ¬Å"Left side, Strong side. â⬠This was a turning point in the movie because it showed the team that it was okay to trust a person of another color, they were a team. Another example was on the first day of school Gerry introduces his girlfriend Emma to Julius, and when Julius sticks out his hand to shake hers and she walks away in anger. However later in the season Emma comes down on the football field during a game and shakes Juliusââ¬â¢ hand. All in all, even though today we do not have all these problems we still have them in our society but if these things would not have happened we would not be where we are today. In the book Warriors Donââ¬â¢t Cry and the movie Remember the Titans there are many different times when there is a shift of power such as when Julius and Gerry become best friends and when the president assigns troops to protect nine black students.
Sunday, July 21, 2019
Strategic Workforce Planning and Employment Decisions
Strategic Workforce Planning and Employment Decisions Strategic Workforce Planning involves analyzing and forecasting the talent that companies need to execute their business strategy, proactively rather than reactively, it is a critical strategic activity, enabling the organization to identify, develop and sustain the workforce skills it needs to successfully accomplish its strategic intent whilst balancing career and lifestyle goals of its employees. Strategic Workforce Planning is a relatively new management process that is being used increasingly to help control labour costs, assess talent needs, make informed business decisions, and assess talent market risks as part of overall enterprise risk management. Strategic workforce planning is aimed at helping companies make sure they have the right people in the right place at the right time and at the right price Through Strategic Workforce Planning organizations gain insight into what people the organization will need, and what people will be available to meet those needs. In creating this understanding of the gaps between an organizations demand and the available workforce supply, organizations will be able to create and target programmes, approaches and develop strategies to close the gaps. Steps in Workforce Planning 1. Environment Scan ENVIRONMENT Ãâà SCANNING Ãâà is a form of business intelligence. In the context of Workforce Planning it is used to identify the set of facts or circumstances that surround a workforce situation or event. 2. Current Workforce Profile Current State is a profile of the demand and supply factors both internally and externally of the workforce the organization has today. 3. Future Workforce View View is determining the organizations needs considering the emerging trends and issues identified during the Environment Scanning. Future View is often where the different approaches identified above are applied: Quantitative futuring: understanding the future you are currently tracking to by forecasting; Qualitative futuring: scenario planning potential alternative futures in terms of capabilities and demographics to deliver the business strategy. 4. Analysis and Targeted Future Qualitative and quantitative futuring creates the content for an organizational unit to analyse and identify critical elements. As the critical elements are identified the Targeted Future begins to take form. The targeted future is the future that the organization is going to target as being the best fit in terms of business strategy and is achievable given the surrounding factors (internal/external, supply/demand). 5. Closing the Gaps Closing the gaps is about the people management (human resources) programs and practices that deliver the workforce needed for today and tomorrow. The process is about determining appropriate actions to close the gaps and therefore deliver the targeted future. There are 8 key areas that Closing the Gaps needs to focus on Resourcing, Learning and Development, Remuneration, Industrial Relations, Recruitment, Retention, Knowledge Management, Job design. Strategy Development Develop strategies for workforce transition. Basic Information to Include in the Workforce Plan: List specific goals to address workforce competency gaps or surpluses (may include the following): Changes in organizational structure Succession planning Retention programs Recruitment plans Career development programs Leadership development Organizational training and employee development Understand how the legal and organisational frameworks for employment of staff Evaluate the current legal requirements influencing a HR plan Describe a process for recruitment and selection of new staff (external candidates) that complies with current legislation and organisational requirements Ans2 Human resources are the participants as also the beneficiaries of economic development process. In that, human resources figure on the demand as well as the supply side of production of goods and services in the economy. On the demand side, goods and services produced are used by the human beings to alleviate poverty, improve health, generate better living conditions, enhance general educational levels and provide better facilities for training. Utilisation of goods and services thus leads to an improvement of quality of human resources. On the supply side, human resources and capital form essential ingredients of production systems which transform natural and physical resources into goods and services. Complementarily between human resources and capital is so close that optimal increases in output and hence optimal economic growth is not possible through increases in one of them either human resources or capital at the cost of the other. Ãâà Some growth of course can be had from the increase in more conventional capital even though the labour that is available is lacking both in skill and knowledge. But the rate of growth will be seriously limited. It simply is not possible to have the fruits of modern agriculture and the abundance of modern industry without making large investments in human beings. There is an optimal ratio of human resources to capital which has to be maintained to reach the attainable rate of economic growth. Given the endowment of capital and other material resources, human resources could accelerate the production process and hence economic growth. At the same time, unprecedented growth in human resources, disproportionate to the pattern of accumulation of capital and other material resources could hinder development. Rate of growth in human resources, in turn, is determined by the two dimensions of human resources: Quantity and Quality. Quantity of human resources is determined by variables such as: population policy, population structure, migration, and labour force participation. Quality of human resources, on the other hand, is influenced by the status of variables like: education and training health and nutrition, and equality of opportunity. In this Unit we will take into account the two dimensions of human resources: Quantity and Quality in context of HRP in general and also in tourism. 1. QUANTITATIVE DIMENSIONS OF HUMAN RESOURCE PLANNING Human resources viewed as the productive power of human beings constitute only one of the two parts of population of any economy. The other being the human beings without any productive power. Population Population of a country, in a generic sense, is taken as constituting the totality of all human beings of the country. The concept of population, viewed in this manner, appears to be very simple. However, in reality, the definitions used vary not only from country to country but even within a country depending on the purpose of enquiry. Broadly, the definitions of population used may be categorised into de facto and de jure. A de facto (or present-in-area) concept involves complete count of all persons residents and non-residents alike physically present in the country at the time of enumeration. A de jure concept necessitates complete count of all persons considered to be normal residents of the country, irrespective of where each person is located, at the time of the census. Strict conformity to either of these concepts is not possible because of difficulties in enumeration like: nationals living abroad, nomadic population, inhabitants in extremely remote areas, and population in disturbed areas. Added to this, are the administrative difficulties logistic, financial and human of recording everyone at the same time. There is thus a degree of inaccuracy in the census of population of any country. The greater the number to be counted and/or the larger the area to be covered the larger is the degree of inaccuracy. Human resources being an integral part of population, growth of human resources is naturally dependent on the growth of population. Population growth, in turn, is determined by three factors: Population policies, population structure and migration. a) Population Policies In terms of State intervention in population planning, it is useful to distinguish between population influencing policies and population responsive policies. The former are anticipatory in nature and operate through the demographic sub-system by influencing factors primarily responsible for population growth such as fertility, marriage and mortality. The latter are essentially reactive in character which are often implemented through the socio-economic sub-system to accommodate or adjust to observed demographic trends with the help of programmes like health, nutrition, education, housing, transport network expansion and employment promotion. In an over-populated economy, sufficiently robust population influencing policies along with appropriate population responsive policies (complementary in nature) might be the optimal population policy framework. In any case, understanding the structure and pattern of growth of population is essential for evolving an appropriate combination of population influencing and population responsive policies towards achieving an optimal population policy framework. b) Population Structure Population is a dynamic concept. Consequently, structure or composition of population at any point of time reveals two things: First, it is the result of interaction in the past among factors causing population growth. Second, it reveals the potential for future growth in population. In so far as population growth is concerned, there are two aspects of population composition which are most important: Sex composition and age composition: i) Sex Composition The principal measure of sex composition is the sex ratio defined as the number males per 100 females. In other words: Number of males in the population Sex ratio = ÃÆ'- 100 Number of females in the population One hundred is the point of balance between males and females. A sex rate above 100 denotes an excess of males. Likewise, a sex ratio below 100 indicates an excess of females. In general sex ratios tend to range between 95 to 102. Heavy war losses, heavy migration and local social considerations such as female infanticide may upset the sex ratio. In any case a sex ratio outside the range of 90 to105 is to be viewed with suspicion. Starting point for all population projections is the projection of female population on whom crucially the number of births will depend. Higher the female population, higher will be the number of births and hence the higher will be the population growth. Sex composition thus indicates the potential future growth in population. ii) Age Composition Age composition is the distribution of population by age groups usually five year age groups. Age composition at any given point of time is the result of past trends in fertility and mortality and is also the basis for establishing future trends. In the computation rate of growth of population, future births are usually computed by applying five year age specific fertility rates to the women of child bearing age (10 to 49 years) at the midpoint of each five-years time interval. Data on age composition is also useful in the computation and analysis of labour supply. Economically active age-group is considered to be 15 to 65 years. Population in the age group crucially determines the extent and composition of labour force. c) Migration Age and sex composition are indicative of only the natural growth in population. Another factor which causes changes in population is the net migration. If the net migration is positive, the population grows at a rate faster than that indicated by natural growth. On the contrary, if the net migration is negative it causes decline in the rate of growth indicated by the natural growth. Movements from and to other regions within the country are termed as out-migration and in-migration, respectively, and these movements together are known as internal migration. Data on internal migration are useful, when it is intended to analyse population changes at provincial level or some other administrative level. Internal migration is a function of the inter-regional and inter-sectoral rates of growth and wage differentials. Movement across national boundaries causes changes in the population at the national level. The effect of international migration on the national population is measured by the rate of net-migration defined as: Total immigrants Total emigrants Rate of net migration = ÃÆ'- 1000 Mid-year population Rate of population increase at any point of time equals the rate of natural increase plus the rate of net migration. Labour Force Participation Population change as such do not cause changes in human resources. Rather it is the change in the economically active component of population which affects growth in the human resources. In terms of economic activity classification, population may be divided into workers and non-workers. Worker is defined as a person whose main activity is participation in economically productive work by his or her mental or physical presence. Work involves not only actual work but also effective supervision and direction. Workers thus defined, others in the population are considered as non-workers. For the purpose of elaboration non-workers may be categorised as: full-time students, persons engaged in household duties, infants and dependents doing no work, retired persons and renters living on rent on an agricultural or non-agricultural royalty, beggars, vagrants and others with unspecified sources of income, inmates of penal, charitable and metal institutions, unemployed but available for work, and others. Labour force or economically active population is that segment of the population whose function is to produce goods and services demanded by the whole population. Usually, those aged 15-64 years are considered to be in the productive age-group. However, not everyone in the productive age-group is effectively in the labour force. According to the accepted definition, labour force comprises all persons of either sex who furnish the supply of labour available for the production of economic goods and services including: employers, employees, self-employed persons, and those engaged in family enterprises without pay. In other words, labour-force may be defined as comprising workers and non-workers in the productive age-group who are unemployed but available for work. Labour-force participation rate is then defined as Labour force Labour force participation rate = ÃÆ'- 100 Total population Tourism In the case of international or domestic tourism it is not just the labour force that participates in the production of goods and services but the entire host population of the destination has a role to play. This is because besides the economic activity, attitudes of the host population matter a lot in creating an environment which is tourist and tourism friendly. There are destinations where the population plays host to tourists numbering four times more than its own numbers and each and every member of the population has some role in this regard a friendly smile too has a role. Many countries and destinations have earned a brand image in hospitality. Hence, human resource planners lay stress on creating tourism awareness including dos and donts vis-à -vis tourists for the entire host population. Moreover, there are destinations where, quantitatively speaking, the whole population is involved in tourism both, directly as well as through indirect employment. But beyond a point, i t is the qualitative dimension that matters and converting quantity into quality is the real challenge in HRD. While the quantitative dimensions assist in the analysis of human resources in terms of numbers, qualitative dimensions facilitate assessment and analysis of the productive power in human resources. For example, four hundred drivers may be available to a tourist transport operator but he may find only 20 out of these which meet the quality standards in relation to driving skills required for handling tourist coaches. i) Education and Training Education and training are the most dominant dimensions affecting quality of human resources in terms of knowledge and skills. Education and training serve both individual and social ends. To an individual, it has both vocational and cultural significance in achieving economic emancipation and social up gradation. To the society, education and training are means which make possible to take advantage of technological changes as well as furthering technological progress. Depending on the methods of imparting knowledge and skills, education and training may be classified into two types: Formal and Informal. Formal education and training, which is imparted through schools and colleges, emphasises transfer of knowledge. Informal education and training such as on-the-job training and hereditary training lays stress on transfer of skills, i.e., practical application of knowledge. Education and training as a means of human resources planning involve critical choices, as no country can have all education and training. Rather, it is essential to identify priorities in education and training, emphasise programmes which have high priority and tone down or even discard programmes with a low priority. As far as development of education and training is concerned there are six choice areas which are critical: Choice between levels of education such as primary, secondary and higher education. Choice between quality and quantity in education and training. Choice between science and technology on the one hand, and humanities and liberal arts on the other hand. Choice between market forces and incentives to attract people into some occupations. Choice between the aspirations of individuals and needs of the society. ii) Health and Nutrition Health and nutrition status constitutes one of the most important indicators of quality of human resource, as they contribute significantly to building and maintaining a productive human resource as well as improving average expectation of life and quality of life. There are three determinants of health status: Purchasing power of people. Public sanitation, climate and availability of medical facilities. Peoples knowledge and understanding of health hygiene and nutrition. Education, health and nutrition are inter-linked and they complement each other in the process of human resources development. iii) Equality of Opportunity Investments in human resources development do not always ensure proportionate development of all sections of population. In the absence of deliberate policy intervention, there are bound to be discriminations. We can say that there are three distinct forms of discriminations which are relevant to developing nations: Social discrimination may take either the form of sex discrimination or discrimination among different social groups or both. For example, a few years back the air hostesses of a particular airlines petitioned in the court because their retirement age was earlier than of their male counterparts. The court upheld their petition and now the retirement age of both male and female air hostesses is same. Economic discrimination takes place largely among groups of population belonging to different economic strata classified in terms of either income generating assets. Regional discrimination can be in the form of either discrimination between rural and urban population or discrimination among population belonging to different regions. These three forms of discriminations individually and/or jointly lead to inequality of opportunities of varying degree among different sections of population. Discrimination of any form causes differential access to education and training, and health and nutrition. This in turn leads to differences in quality and productivity of human resources belonging to different segments of the population with the privileged benefiting the most and under privileged being deprived of their due share in the development process. Opportunity costs of discrimination are very high, as it leads to many social and economic evils apart from retarding the pace of economic development. It has been demonstrated that the national output can be further expanded by improving the average level of productivity of each individual through appropriate social and economic policies directed towards equality to opportunity in the fields of education and health. Tourism has long been recognised as a tool for economic growth and development. However, it can be beneficial to the host economies when it creates jobs for the locals. Here qualitative dimensions of HRD become an important factor for education and training of local population as per the requirements of responsible tourism development. The dimensions, attributes and distribution of population the product of whose labour adds to national wealth constitute human resources. They are thus, the participants and beneficiaries of economic development. The demographic profile, migration and mobility and participation patterns in economic activity determine the quantitative aspects of actual and potential human resources. Investments in education and training, health and nutrition, and social welfare and quality promote quality of human resources through enhanced labour productivity. While quantitative and qualitative dimensions only regulate supply of human resources, the other aspect of human resources planning namely the demand for human resources crucially depends on the functioning and flexibility of labour markets. Labour market analysis is a principal instrument of human resources planning, as it helps identify skill shortages and also enables a diagnosis of market failure to match labour supply with demand. To facilitate labour market analysis, there is a need for a comprehensive and regularly updated labour market information system. 1) The variables for determining the quantitative and qualitative dimension of human resource planning are: Quantitative Population policy, Population structure, Migration, and Labour force participation. Qualitative Education and training, Health and nutrition, and Equality of opportunity Understand the effect of the organisation environment on staff Discuss Assess work life balance issues and the changing patter of work practices Importance of HR PLANNING in Ãâà organizations. Each Organisation needs personnel with necessary qualifications, skills, knowledge, experience aptitude . Need for Replacement of Personnel Ãâà Replacing old, retired or disabled personnel. Meet manpower shortages due to labour turnover Meet needs of expansion / downsizing programmes Cater to Future Personnel Needs Nature of present workforce in relation with Changing Environment helps to cope with changes in competitive forces, markets, technology, products and government regulations. Shift in demand from ERP to internet programming has increased internet programmers i) quantify job for producing product / service ii) quantify people positions required ii) determine future staff-mix iii) assess staffing levels to avoid unnecessary costs iv) reduce delays in procuring staff v) prevent shortage / excess of staff vi) comply with legal requirements In organisational development, succession planning is the process of identifying and preparing suitable employees, through mentoring, training and job rotation, to replace key personnel within an organisation if they leave. All employers need to consider the issue of succession planning to ensure that no part of the business is at risk should a particular member of staff leave the organisation. With good succession planning, employees are ready for new leadership roles as the need arises. Moreover, when someone leaves, a current employee is ready to step up to the plate. In addition, succession planning can help develop a diverse workforce, allowing decision makers to look at the future make-up of the organisation as a whole. Develop a succession plan for internal replacements, and if you will need to hire, think about the type of person or skills you will need so that if the situation arises you have already done some of the groundwork. In your succession plan you may wish to consider: staff interchange where employees swap jobs within the organisation in order to have experience in multiple positions; formal or informal mentoring Ãâà arrangements; coaching of staff; identification of suitable professional development activities for high-performing staff; making agreements to introduce flexible working arrangements; creating forward-thinking internal promotion policies; supporting staff to take increased responsibility; the allocation of higher-grade duties or assignments. Understand the grievance, discipline and dismissal process Identify the process to be followed in a grievance situation Describe the stages of a discipline issue that results in dismissal Explain the role of ACAS, Employment tribunals and other external agencies that could be involved in grievance, discipline and dismissal processes Process Steps There are four main grievance process steps: discovery, conciliation, internal review and arbitration. A summary of what happens at each of these step appears below. Click on a link here, or at the bottom of the page, to see a full discussion of what happens at that step in the grievance process. Discovery The date when the grieving faculty member (grievant) discovered, or reasonably could have discovered, the circumstances leading to the grievance. Conciliation The informal, confidential effort to resolve the grievance between the faculty member and the Board at the lowest possible administrative level before a formal grievance can be filed. This effort is normally assisted by a FA-appointed campus conciliator. Internal Review Hearing An informal meeting scheduled by the college president, or the presidents designee. The president listens to the grievant, the responding administrator and their representatives as they address the allegations contained in a timely Notice of Grievance that has been filed with the District. The president writes an Internal Review Hearing decision regarding the Notice of Grievance allegations. Arbitration Hearing A formal hearing before an arbitrator chosen from a list of seven possible candidates supplied by the State Conciliation Service. Legal counsel represents both parties and all testimony by witnesses is under oath. After reviewing evidence, testimony and argument briefs from both parties, the arbitrator renders a written decision that is binding on both parties. Disciplinary and grievance procedures provide a clear and transparent framework to deal with difficulties which may arise as part of their working relationship from either the employers or employees perspective. They are necessary to ensure that everybody is treated in the same way in similar circumstances, to ensure issues are dealt with fairly and reasonably, and that employers are compliant with current legislation and follow the Acas Code of Practice for handling disciplinary and grievance issues. Disciplinary procedures are needed: So employees know what is expected of them in terms of standards of performance or conduct (and the likely consequences of continued failure to meet these standards). To identify obstacles to individuals achieving the required standards (for example training needs, lack of clarity of job requirements, additional support needed) and take appropriate action. As an opportunity to agree suitable goals and timescales for improvement in an individuals performance or conduct. To try to resolve matters without recourse to an employment tribunal. As a point of reference for an employment tribunal should someone make a complaint about the way they have been dismissed. Grievance procedures are needed: To provide individuals with a course of action should they have a complaint (which they are unable to resolve through regular communication with their line manager). To provide points of contact and timescales to resolve issues of concern. To try to resolve matters without recourse to an employment tribunal. The legal position The statutory procedures for handling discipline and grievance issues introduced in October 2004 were widely criticised andÃâà were repealed in their entirety with effect from 6 April 2009. (Those in Northern Ireland should note that the Employment Act 2008, which repealed th statutory procedures, is not applicable there the Department for Employment and Learning has published detailed guidance From 6 April 2009 the important provisions governing discipline and grievances at work are to be found in: The Employment Act 2008 The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008. Numerous other pieces of legislation cross refer to discipline and grievance issues. Some important examples include the: The Employment Rights Act 1996 as amended The Employment Rights Dispute Resolution Act 1998 The Employment Relations Act 1999 The Employment Rights Act 2004. Employers own disciplinary, grievance and dismissal procedures and the Acas Code of PracticeÃâà are essential to ensure that good dispute handling behaviour is adopted. The role of the Acas Code of Practice The Acas Code of Practice Disciplinary and Grievance Procedures was revised to reflect the removal of the statutory procedures andÃâà a new version1 came into force on 6 April 2009. CIPD endorses the Code. Following it is crucially important for employers: an employment tribunal will consider whether the employer has followed the Code and, if they have not, then the tribunal may adjust any awards made by up to 25% for unreasonable failure to comply. In situations where the trigger event occurs on or after 6 April 2009, an employment tribunal will considerÃâà whether the employer has followed the Acas Code and, if they have not, then the tribunal may adjust any awards made by up to 25% for unreasonable failure to comply. CIPD members can find out more on the content of the Code, the legal aspects of this topic and likely future developments from our FAQ on Discipline and grievances procedures in the Employment Law at Work area of our websi
The History Of Extreme Programming
The History Of Extreme Programming Extreme Programming (XP) is a software engineering methodology that has been formulated in 1996 by Kent Beck. It is a lightweight development methodology, XP is one of several popular agile processes. XP has received fair media attention, and is most renowned for its practices that are sometimes regarded as controversial, such as pair programming and test-driven development. It has already been proven to be very successful because it reaches to the customer satisfaction. Instead of delivering everything at the same time the XP focus on some date far in the future, this process delivers the software you need as you need it, in other words Extreme Programming empowers the developers to confidently respond to changing customer requirements, even late in the project development life cycle. The philosophy of Extreme Programming is teamwork, in other words Managers, Customers and Developers are all equal partners in a collaborative team. The implement is simple regarding Extreme Programmin g, yet effective environment enabling teams to become productive. XP is built on four values: Communication: Extreme programmers constantly communicate with their customers and fellow programmers. Simplicity: The keep their design simple and clean. Feedback: They get feedback by testing their software starting on day one Courage/ Respect: They deliver the system to the customers as early as possible and implement changes as suggested. Every small success deepens their respect for the unique contributions of each and every team member. The main differences with Extreme Programming is that it accepts that humans are imperfect and builds a process that not only accepts progressive elaboration, but makes this reality a central theme to all of its other practices. There is also recognition that the proscribed practices in the real world can be very challenging, to overcome this difficulty the practices interlock and complement each other. With this tools that have been mention the Extreme Programming are able to courageously respond to changing requirements and technology. Figure1: Extreme Programming Overview [1] http://www.extremeprogramming.org/ 12 practices of Kent Beck used in an XP project: There are strong relationships between XP and its practices. Without practices its not XP, and without practicing the practices of XP it cannot deliver benefits. Figure2: Dependencies between the 12 practices of XP 1) Planning Game: This is focused on determining requirements details. The customers and developers are both part of this. In a planning game the customers and the developers sit in a room together. They make plans for software releases and iterations together, identifying each role clearly. Planning game involves the making of story cards from each users point of view and splitting each story into task cards for individual developers then they make plans that take into consideration the volume of work and the schedule based on these cards. 2) Small Releases: In small releases developers put quickly a simple system into production, and then release new versions in a very short time. 3) Metaphor: In metaphor, developers in the team share story or understandings about how their programs work. 4) Simple Design: The system should be designed as simply as possible at any given moment. Keep code simple and extra complexity is removed as soon as it is discovered. Always keep in mind the principle of YAGNI (You arent going to need it). 5) Testing Programmers continually write unit tests, which must run flawlessly for development to continue. Customers define test cases for system releases. 6) Refactoring: Without changing their behavior, improve the internal structures of programs. 7) Pair Programming: Production code which is actually used in the final product, is written with the celebration of two programmers at same machine. 8) Collective Ownership: Programming code is the property of few programmers it owned by the team collectively, and anyone can change code anywhere and at anytime. 9) Continuous Integration: Integrate and build the system many times in a day, every time a task is implemented. 10) 40-hour Week: This is the rule of XP that no work more than 40 hours. Never work overtime a second week in a row. 11) On-site Customer: In whole project include a real, live user on the team who is available fulltime on site to answer questions. 12) Coding Standards: Programmers write common rules to standardize coding styles in the team. XP has 4 basic activities, coding, testing, listening and designing, which are conducted by five major roles, programmer, customer, tester, tracker, and coach. Iteration is a key concept in XP. The time constant in the different iterations range from seconds to months. Figure3: Planning/feedback loops in XP [2][3] http://www.acis.org.co/fileadmin/Curso_Memorias/Curso_CMMI_Sep06/Modulo%202%20-%20Product%20Engineering%20/xp_rup.pdf (Article: Analysis of the Interaction between Practices for Introducing XP Effectivel by Osamu Kobayashi and Mitsuyoshi Kawabata) Comparing two methodologies: Comparing two methodologies requires some form of empirical studies, The framework used is a combination of 2 established frameworks, one is Zachmans which consists of the 6 categories what, how, where, who, when and why and the 2nd one is Checklands framework is called CATWOE and has six other categories. CATWOE is the abbreviation of Client, Actor, Transformation, World view, Owner, Environment. In the following table I combine the frameworks an an order to utilize the strengths of both: zechman Checkland what Transformation why? World view when where? Environment how? who? Client, Actor, Owner 1) What? The Rational Unified Process (RUP) is an iterative software development process framework created by the Rational Software Corporation. The Rational Software Corporation was acquired by IBM in 2003. RUP is a thick methodology; the whole software design process is described with high detail. RUP has evolved in conjunction with the Unified Modeling Language (UML). RUP is designed for large software projects. On the other hand XP has its origins in practical applications in projects during the 1990s; it is formulated by Kent Beck. XP is a lightweight methodology and used for small to medium sized software development teams. XP is intended to meet the demands of a context with unclear and volatile requirements. XP is not a commercial methodology unlike RUP. The origin of RUP and XP are similar. Both methodologies based on experience from software engineering and are evolved during the same decade, although RUP is bit older in age. There are two different underlying philosophies behind RUP and XP. RUP takes to a large extent a technical management perspective while XP is uses in development staff. RUP describes the whole software design process with high detail; RUP is a very complex methodology and is difficult to comprehend for both project managers and project members. Therefore, it is not the most appropriate software design methodology for most small projects. While XP is originally designed for small to medium sized projects, The distribution of the methodologies is different; RUP is a commercial product, no open or free standard. Before RUP can be used, the RUP has to be bought from IBM as an electronic software and documentation package while XP is freeware methodology and every one can use it freely. 2)Why? I analyze advantages and disadvantages of RUP and XP from different perspectives like what is the financial, technical and social aspect of these methodologies on each other. 2.1) Financial: Financial issues of both RUP and XP are different. Rup is a commercial product not open or free standard and owned by IBM, one should buy RUP from IBM as an electronic software and documentation package then it is available to use while XP offers the freeware solution and open to use for everyone, which is financially an advantage. 2.2) Technical perspective When we compare these 2 methodologies from technical perspective, RUP provides the organization a large amount of development tools and documents. It is delivered online via the web, and updated in new releases, all information about the software development methodology is available at the project members fingertips. Also, the newest version of RUP is always present on the computer of each team member. On the other hand XP leads to simplicity it is more user friendly, it is not specific to a single tool but its depends on the user choice that which tool he wants to use and which to reject. 2.3) Social perspective: The social perspective of RUP and XP are also related to the commercial versus freeware discussion. The selection on of methodology is depends on the software development company requirements and needs. Small and medium size software development companies like to use XP because of its free availability on the other hand larger software development companies take interest to buying software licenses, and hence buying licenses for methodology is quite natural. Extent RUP includes a large amount of formal process paperwork, role description and documentation etc it is also because of these properties called heavy weight or thick methodology while XP is very lightweight or thin methodology, both in its presentation and in the practical applications. The following table shows the difference in extent of the RUP and XP, there all the roles of an XP project are presented, with their counterparts in RUP, constituting a small subset of the RUP roles. In total, RUP comprises more than 80 major artifacts, 150 activities and 40 roles. Team XP roles RUP roles Customer team Customer Requirements specifier System analyst Project manager Tracker Tester Test analyst Tester Test system administrator Development team Programmer Implementer Designer Integrator System administrator Coach In summary, RUP is a much more extensive methodology than XP, for good and for bad. [2]http://www.acis.org.co/fileadmin/Curso_Memorias/Curso_CMMI_Sep06/Modulo%202%20-%20Product%20Engineering%20/xp_rup.pdf Project drivers RUP is use case driven, i.e. descriptions of use of the system are implemented, and continuously integrated and tested. XP applies test-driven design, i.e. test case are derived and implemented before the code is written. XP has user stories to guide what to implement. These user stories are less extensive descriptions, compared to the RUP use cases, where the complete scenario for the interaction between the user and the system is defined. Regarding planning, both methodologies agree on that a complete project cannot be planned in detail. RUP proclaims continuous changes in the plans, while XP advocates planning only the very near future in detail.
Saturday, July 20, 2019
Breastfeeding vs. Bottle Feeding Essay -- Breastfeeding vs. Formula
Very few experts disagree with the fact that breastfeeding is the optimal choice for the infant. However, decreasing breastfeeding rates raise many questions as to why mothers are not choosing the best nutritional choice for their children. Despite breast milk being the obvious choice for infant feeding due to the health, psychological, and economic benefits, many mothers still decide to feed their infants formula due to lack of knowledge and support, difficulties with breastfeeding, and social embarrassment. Changes need to be made with formula companies, medical professionals, and the public opinion of breastfeeding in order to give nursing mothers the support they deserve. The main factor in encouraging breastfeeding is the emphasis on the major health benefits for both the mother and the child. Many researchers have concluded that breast milk helps improve overall infant health and reduces risks of some diseases and cancers for the infant as well as the mother. According to Newman and Pitman, there are numerous health benefits for a breastfed infant. They describe that breast milk contains anti-bodies that keep a child from getting ill, and that the milkââ¬â¢s composition changes as the child grows to better protect and benefit the immune system and growth of the child (Newman, Pitman 19). The most immediate health benefit for the infant is the reduction of the chances of an infant dying from sudden infant death syndrome, more commonly known as SIDS or crib death (Newman, Pitman 11). More long term benefits are reductions for the chances of a child developing diabetes, asthma and other respiratory diseases, ear infections, and even cancer development during childhood. There is also evidence of a reduced chance of a breastfed ch ild developing Crohnââ¬â¢s disease or forms of heart disease, as well as minor health problems such as allergies and eczema (Newman, Pitman 11-12). Newman and Pitman also write that children who were breastfed show signs of more enhanced brain development and tend to score higher on tests than those children who were formula fed, due to the fact that breast milk is made for humans by humans and therefore already contains the nutrients that are essential to brain development (10). As is the case with infants, breastfeeding also contributes to health benefits for the mother. In an article published in the Journal of Womenââ¬â¢s Health, God... ... Dorota Iwaniec, et al. "Breast Is Best? Reasons Why Mothers Decide To Breastfeed Or Bottlefeed Their Babies And Factors Influencing The Duration Of Breastfeeding." Child Care In Practice 12.3 (2006): 283-297. Academic Search Complete. Web. 29 Jan. 2013. Foss, Katherine A., and Brian G. Southwell. "Infant Feeding And The Media: The Relationship Between Parents' Magazine Content And Breastfeeding, 1972-2000." International Breastfeeding Journal 1.(2006): 1-9. Academic Search Complete. Web. 28 Jan. 2013. Godfrey, Jodi R., and Ruth A. Lawrence. "Toward Optimal Health: The Maternal Benefits Of Breastfeeding." Journal Of Women's Health (15409996) 19.9 (2010): 15971602. Academic Search Complete. Web. 27 Jan. 2013. Newman, Jack and Teresa Pitman. The Ultimate Breastfeeding Book of Answers. New York: Three Rivers Press, 2006. Print. United States. Department of Health and Human Services. The Surgeon Generalââ¬â¢s Call to Action to Support Breastfeeding. Washington: GPO, 2011. Print. Weimer, John P. United States. Department of Agriculture. Economic Research Service. The Economic Benefits of Breastfeeding: A Review and Analysis. Washington: 2010. Web. 27 Jan. 2013.
Friday, July 19, 2019
Interruptions and Delayed Explanations in Act III of The Crucible Essay
The Crucible Essay In act three opportunities constantly arise for the whole problem of the play to be cleared up satisfactorily, but these are always frustrated. Show how this act is one of interruptions and explanations which are tragically delayed. The crucible is a play written by Arthur miller and concerns the mass hysteria, which led to the 1692 Salem witchcraft trials in the U.S.A. At that time the people who lived in Salem believed in witches and the devil. They believed that the bible told them that witches should be hanged and they were required to live by strict puritan laws. The main characters of the play are Elizabeth Proctor and her husband John. John had an affair with their maid, Abigail, and it was her intention to destroy Elizabeth and marry John Proctor herself. After Elizabeth and other members of the community have been arrested on charges of witchcraft, the trial begins and there are many opportunities to show that the people arrested were innocent but the many interruptions make this impossible. At the start of act 1 Martha Corey is being questioned by judge Danforth and Hathorne to see if she had been involved in witchcraft. Her husband, Giles Corey interrupts to say that Putnam wants everyoneââ¬â¢s land. ââ¬Å"Thomas Putnam is reaching out for land.â⬠Corey says that he has evidence to prove this. Then he is interrupted by Reverend Parris who undermines Coreyââ¬â¢s evidence by saying he was a very argumentative person. Corey is interrupted again by Francis Nurse who says that the girls are all frauds ââ¬Å"We have proof of it sir they are all deceiving you.â⬠John Proctor arrives in the court with Mary Warren and the evidence as well but they are interrupted by Parris who tries to blacken Proctors name by say... ...s a whore and she has a motive to kill his wife. Proctorââ¬â¢s wife is called in and Proctor has already told the court that she never lies, could never lie. Elizabeth Proctor is asked about Proctors relationship with Abigail and she said he had done nothing wrong. To save her husband, because committing adultery is a hanging offence, she tells that lie and condemns him. Proctor asks Mary to continue with her evidence but she turns against him and accuses him of being in league with the devil, ââ¬Å"youââ¬â¢re the Devilââ¬â¢s man she points at him she says she will not hang with him and tells the court that he told her, ââ¬Å"Iââ¬â¢ll murder you, if my wife hangs.â⬠Proctor tells Danforth ââ¬Å"you are pulling heaven down, and raising up a whore!â⬠If any of the people had been allowed to give their evidence without interruptions, the outcome of the court case might have been different. Interruptions and Delayed Explanations in Act III of The Crucible Essay The Crucible Essay In act three opportunities constantly arise for the whole problem of the play to be cleared up satisfactorily, but these are always frustrated. Show how this act is one of interruptions and explanations which are tragically delayed. The crucible is a play written by Arthur miller and concerns the mass hysteria, which led to the 1692 Salem witchcraft trials in the U.S.A. At that time the people who lived in Salem believed in witches and the devil. They believed that the bible told them that witches should be hanged and they were required to live by strict puritan laws. The main characters of the play are Elizabeth Proctor and her husband John. John had an affair with their maid, Abigail, and it was her intention to destroy Elizabeth and marry John Proctor herself. After Elizabeth and other members of the community have been arrested on charges of witchcraft, the trial begins and there are many opportunities to show that the people arrested were innocent but the many interruptions make this impossible. At the start of act 1 Martha Corey is being questioned by judge Danforth and Hathorne to see if she had been involved in witchcraft. Her husband, Giles Corey interrupts to say that Putnam wants everyoneââ¬â¢s land. ââ¬Å"Thomas Putnam is reaching out for land.â⬠Corey says that he has evidence to prove this. Then he is interrupted by Reverend Parris who undermines Coreyââ¬â¢s evidence by saying he was a very argumentative person. Corey is interrupted again by Francis Nurse who says that the girls are all frauds ââ¬Å"We have proof of it sir they are all deceiving you.â⬠John Proctor arrives in the court with Mary Warren and the evidence as well but they are interrupted by Parris who tries to blacken Proctors name by say... ...s a whore and she has a motive to kill his wife. Proctorââ¬â¢s wife is called in and Proctor has already told the court that she never lies, could never lie. Elizabeth Proctor is asked about Proctors relationship with Abigail and she said he had done nothing wrong. To save her husband, because committing adultery is a hanging offence, she tells that lie and condemns him. Proctor asks Mary to continue with her evidence but she turns against him and accuses him of being in league with the devil, ââ¬Å"youââ¬â¢re the Devilââ¬â¢s man she points at him she says she will not hang with him and tells the court that he told her, ââ¬Å"Iââ¬â¢ll murder you, if my wife hangs.â⬠Proctor tells Danforth ââ¬Å"you are pulling heaven down, and raising up a whore!â⬠If any of the people had been allowed to give their evidence without interruptions, the outcome of the court case might have been different.
Thursday, July 18, 2019
Essay --
Being located in the Middle East next to the Mediterranean Sea and surrounded by Lebanon, Turkey, Iraq, Jordan, and Israel, Syria has continued to be a struggle area for different regions to take control of and rule over. Since 1500 B.C. the land of Syria has been ruled by many different empires and rulers including the Persians, Arabs, and Ottoman Turks. However, since gaining its independence in 1946 Syria has been a home to 21 million people including those from many different ethnic and religious groups including: Kurds, Armenians, Assyrians, Christians, Druze, Alawite Shia, and Arab Sunnis. With its capitol at Damascus, the government of Syria has gone through a lot of change since it reached its independence in 1946 from the French. It began as a parliamentary republic which is a republic where the executive branch of government is accountable to the legislative branch. However in the time since then their government has not held firm and strong. Military coups, or groups of people that are usually the military who attempt to get rid of the existing government and replace it, have made many attempts to try to overthrow the government of Syria and replace it with their own. These attempts ultimately began to weaken Syriaââ¬â¢s government. They joined a union with Egypt that lasted only 3 years because it was torn down by a military coup. A short time after, Syria began to be less and less democratic and the citizens began to lose more of their rights. In 1970 Hafez al-Assad became president and led the Baath government which was mostly led by the Alawites. W hen he died in 2000 his son, Bashar al-Assad became president. Since then Syria has endured many revolts and ultimately led to a civil war breaking out in 2011... ... on by so much rain that these camps have become flooded and just more miserable and almost uninhabitable for these poor refugees attempting to stay away from the violence of the civil war (CBSnews). The rise in violence against women has also been an outcome of the civil war. With many women being raped, tortured, and used to act as forms of showing control and intimidation towards the enemies. Lauren Wolfe wrote an article saying that, ââ¬Å"everyone from the direct victims of the attacks to their children, who may have witnessed or been otherwise affected by what has been perpetrated on their relativesâ⬠, she is saying that it is not only the women that are being the victims, but the families of these victims who usually see what is happening to them (Bernard). The basic human rights that everyone should be guaranteed are continually stepped on in Syria.
Laptops, Hard Drives, The Ephemera Of Data, The Risk Of Theft And Consequence Of Law: Responsibilities And Liabilities
As technology develops at the speed of light, as digital phones computers grow more powerful than twelve acres of 1967 IBM mainframes, as information is set down in liquid pixels and stored in virtual warehouses the size of a postage stamps, as hackers and those of ill-will seek out ever-new clever ways to ââ¬Å"break and enterâ⬠virtual ââ¬Å"banks of dataâ⬠. the law must respond, reflect, assess and codify those principles which will serve the business community, management and labor, employers and employees, as it enters the unknown territory of a virtual future.In a more gentile time of scriveners, Bartleby and Scrooge, an employee as dayââ¬â¢s end would lift the top of his writerââ¬â¢s desk, store the hand written documents for that day and wait for his superior to stop by with a key to lock the desk for the night. Theft of such documents would have required the breaking and entering into a physical place to obtain physical objects.Cause and effect would be cle ar, as would an assessment of responsibility and liability. However, with todayââ¬â¢s technology and the wide-open vistas of the world wide web, theft can occur from an transnational distance over invisible lines by processes barely comprehensible to those responsible for security. The 19th century scrivener under contract to his employer performed certain services and incurred certain duties and responsibilities.Doubtless, to a certain degree (perhaps depending upon who held the key) he was responsible for the safeguard of his newly copied documents. Likewise the modern employee owes similar duties and responsibilities; however, in the cyber age of information, the protection of data and information, securing it from being lost in the ocean of the web, is a more complicated issue, a more difficult task and raises questions that have yet to be resolved in this protean and ever-burgeoning area of business law.First, a word concerning definition and semantics: The terms ââ¬Å"resp onsibilityâ⬠and ââ¬Å"liabilityâ⬠tend to get laced in the TV screenwriterââ¬â¢s daisy-chain of legalese in much the same way as Hamilton Burger couldnââ¬â¢t help himself from objecting in every episode of ââ¬Å"Perry Masonâ⬠with the contradictory charge of ââ¬Å"irrelevant, incompetent and immaterial. â⬠What one gains in the impressive sound of ââ¬Å"lawyer-wordsâ⬠is lost to meaning and precision.The distinction is important to present issues insofar as responsibility means the capacity, so far as this is a matter of a manââ¬â¢s mind or will, which normal people have to control their actions and conform to law. It describes the duties a person takes on which are general for any party to an agreement, a contract for consideration. Liability, on the other hand, is the quality or state of being legally obligated or accountable.It is a legal responsibility owed to another or society enforceable by civil remedy or punishment. Liability is a more serious matter in that it is ultimately an assessment by some given authority (judge, jury, and arbitrator) that oneââ¬â¢s failure of responsibility is of such a nature as to incur the greater duty to make amends or remedy as determined by the specific facts of the matter.In short, liabilities denote some failure of responsibility; however, all failures of responsibility do not necessarily result in the imposition of liability. At its most basic level the law is about the management of relationships, the identification, assessment and balancing of the rights, interest, duties and responsibilities of the parties to the relationship. The law assesses the relative merits of argument when these respective interests come into conflict.In the arena of cyber space, cyber theft, cyber torts, the many relationships between and among several parties raise a plethora of issues, a multitude of arguments. The primary relationship exists between the employer and the employee. The relationship rests in the employment contract; however, depending upon the conduct of the parties other areas of law may come into play: harassment, negligence, cyber tort, trespass, theft, etc.The focus on the employment contract as setting forth certain responsibilities for either party in the age of cyber-data, the portability of laptops, and the ephemeral nature of recorded data, the questions, among others, raised are to what extent an employer can direct and restrict the conduct of an employee when those directives and restrictions bounce up against the employeeââ¬â¢s competing interests in the ownership of personal property (his or her laptop) or the employeeââ¬â¢s right to come and go as he/she pleases in a free society without having to exercise extraordinary care concerning the contents of his/her laptop, outside the office, beyond office hours. Just how far can the four corners of the employment contract stretch to govern employee conduct, responsibilities and the imposition of potential liabilities during the employeeââ¬â¢s personal time? (The issues concerning the use and the restrictions on use of the employeeââ¬â¢s personal laptop in the workplace during work hours is the easier analysis with the weight of authority siding with the employerââ¬â¢s right to impose restrictions deemed necessary for security and employee performance. )Analogies to the this predicament which in general asks to what degree an employer, as a condition of the employment contract, can direct the employeeââ¬â¢s ââ¬Å"after-hoursâ⬠life, can be found in similar issues raised by those employment contracts which include a 24/hour non-smoking clause (in the interest of health costs, insurance premiums) or the ban on any office romance, inside or outside the office. What responsibilities does an employee incur with the pervasive use of laptop computers, which in a physical sense are portable items of personal property, but also carry a volume of information that on ce would have been stored in several warehouses or file rooms? Simply stated, employees are probably more of a security risk than an asset.By virtue of technologyââ¬â¢s advance, employees have been placed in a precarious position of being guardians at the gate of treasure when the gate and the treasure are often invisible and invaded by invisible means. Perimeter security doesnââ¬â¢t work anymore. The airwaves are filled with rogue access points, and people are bringing infected laptops in and out of the enterprise. ââ¬Å"A number of companies â⬠¦ are revising their policies about how employees should handle confidential data stored on computers. Many employees are facing new restrictions on who can take confidential records out of the office and are receiving special training on how to keep data secure.Workers found violating security policies are being disciplined or even dismissed. â⬠The next relationship is a sub-set of the first. It looks at the situation in wh ich an employee, having agreed to whatever conditions, duties, responsibilities, set forth in the employment contract and the statement of company policies, exhibits negligence, even gross negligence in the care and handling of his laptop, resulting in its physical theft. Assume the laptopââ¬â¢s hard drive contains something equivalent to the recipe for Coca-Cola, and the implications of loss to the company are self-evident. In this hypothetical the employee has failed in his responsibilities to the company. And yet what are the companyââ¬â¢s remedies?As referenced above, they can discipline or dismiss the employee, and then sit back and watch as Company Z manufactures a soda as good as their own. The issue as to whether they can hold the employee liable is dwarfed by the issue of remedies. One fired employee will not return the secret formula. Assume the employeeââ¬â¢s conduct was criminal. He gets ten years, community service, and a lien on his property (a double-wide out side of Macon) in the amount of ten million dollars. Company Z is still making a fortune manufacturing a cola as good as the original. The failure of remedy only serves to point the aggrieved party downstream to search out other remedies (i. e. , deep pockets), civil and criminal, for their loss.And yet, even then, assuming the best case scenario for Company Z (meaning the likely imposition of civil remedies and criminal fines/punishment) any litigator knows that at that advanced stage of litigation with large companies and big firms on the clock, the process is exceedingly slow and absent injunctions against the offending party ââ¬â the secretââ¬â¢s now likely to be in the hands of Companies A, B, C and D. These hypothetical only points up the extreme seriousness of the necessity for a companyââ¬â¢s defense against attacks from outside, and the disturbing acknowledgment that said defense is not wholly within the companyââ¬â¢s control. Companies have instituted policies to stress, express and maximize an employeeââ¬â¢s responsibility, even imposing certain liabilities on the failure of such duties; all to minimize and the limit the risk of hacking and theft.But the 20th century world of ââ¬Å"hard copyâ⬠(and what that implies) is about to pass by commerce as businesses enter a new age of information-gathering and information-conveyance. The substance of current information is as rock-solid, as valuable as ever, however the ââ¬Å"thing itselfâ⬠ââ¬â what used to be the paper and the ink scribbles on the paper, i. e. , the thing that carried the information are now words on screens that can all too easily disappear onto invisible hard drives that move by means of invisible wires cast about the world in an invisible matrix ââ¬â rendering the whole chain of custody as ephemeral as vapor, vulnerable to the peculiar talents of a new kind of thief, whoââ¬â¢s comfortable with the notion of theft as an intellectual rather than a physical activity. So, whoââ¬â¢s vulnerable? ââ¬Å"Anybody who has data. â⬠Another issue that arises out of the various relationships involved is this: Given the current state of affairs regarding the risk and threat of data theft, cyber theft, laptop theft, floppy disk theft, companies, for some time, have been on constructive (if not express) notice that there are individuals among us, peculiar perhaps in their pursuits, talented and brilliant in ways often unknown to current Baby-Boom age management, who derive pleasure and more likely profit from infecting the web and its offshoots with viruses. The following hypothetical presents itself: Hacker X in a basement in Queens has been hired by Rogue Company Z, competitor of large and established Company A, to infect Company Aââ¬â¢s computers with a virus that will disable Company A, thereby enhancing competitor Rogue Company Zââ¬â¢s position in the shared market.Hacker X is to be a paid a good deal of money and not bec ause heââ¬â¢s stupid. He knows from experience that a direct assault on Company A is more likely to lead a trail back to himself and Rogue Company Z. Therefore Hacker X studies the interlocking systems of Company A with client companies and determines he can attack Company A through out of state Company Client. On a given Monday Company Clientââ¬â¢s workers go to work and discover that their system has crashed with a virus that will spread through a given network, affecting several companies down line, including Company A, the prime target. The issues are what duties did Company Client have to notify entities down line?As a practical matter, is there time for Company Client to notify other companies down line? What duty does any company, such as Company Client have, not only towards itself, but to companies down the line who will suffer impairment from the traveling virus? And most importantly do the companies down line have a cause of action against Company Client for breach of some duty in failing to protect itself (and therefore others) from virus infestation. The questions are not rhetorical. They are real and fact sensitive. One can envision a circumstance in which a company is so lax in its security that it all but screams for hackers to have their way.Such a security failure might very well be deemed a breach of duty to other companies in the zone of danger (its length and breadth however defined). And yet all we are left with are the questions: What laws or what standards govern? Are they state laws? And if so do they give rise to conflict of laws problems? Are they Federal laws? Who sets the standards codified by the legislation? Does the current state of common law (tort and contract) anticipate the advantageous application of old principles in new clothes? On analysis, it appears that when all is said and done, the essential ââ¬Å"bottom lineâ⬠issue will devolve about the areas of remedies and insurance.Analysis of responsibilities, the ir breach and consequent liabilities can fill courtrooms with boxes of pleadings; however, when the issues are finally resolved and liability is determined, who, in this day of multi-billion dollar cyber secrets will have the funds, the deep pockets, to make the aggrieved party whole. The resort to insurance opens another area of analysis which for now remains without the boundaries of discussion proscribed herein; however, one can only imagine the super-layer of responsibilities to be imposed on companies and their employees by insurance contract, drafted water-tight, so as to minimize risk of theft in a high risk environment.
Subscribe to:
Posts (Atom)