Essay on Southeastern Native American Literature - 1215 Words

Southeastern Native American Literature Native American literature from the Southeastern United States is deeply rooted in the oral traditions of the various tribes that have historically called that region home. While the tribes most integrally associated with the Southeastern U.S. in the American popular mind--the FIVE CIVILIZED TRIBES (Cherokee, Chickasaw, Choctaw, Creek, and Seminole)--were forcibly relocated to Indian Territory (present-day Oklahoma) from their ancestral territories in the American South, descendents of those tribes have created compelling literary works that have kept alive their tribal identities and histories by incorporating traditional themes and narrative elements. While reflecting profound awareness of†¦show more content†¦Additional books have showcased the storytelling traditions of other tribes, including Creation Myths and Legends of the Creek Indians, edited by Bill Grantham (2002); Nations Remembered: An Oral History of the Cherokees, Chickasaws, Choctaws, Creeks, and Seminoles in Oklahoma, 1865-1907, edited by Theda Perdue (1993); and Native American Legends: Southeastern Legends--Tales from the Natchez, Caddo, Biloxi, Chickasaw, and Other Nations, edited by George E. Lankford and W. K. McNeil (1987). Members of the Five Civilized Tribes were at the vanguard of Native American literature during the nineteenth century. The earliest work of fiction in English by an author of native descent is generally thought to be Poor Sarah, or Religion Exemplified in the Life and Death of an Indian Woman, a 1823 pamphlet probably written by Elias Boudinot (ca. 1804-1839). A formally educated member of the Cherokee tribe who was born in Georgia, Boudinot was the editor of the bilingual newspaper The Cherokee Phoenix, the first periodical published by Native Americans. Poor Sarah was not commercial fiction--it was a propagandistic tract from a religious advocate. The first overtly commercial work of fiction written by a Native American was Life and Adventures of Joaquin Murieta, the Celebrated California Bandit (1854), a best-selling novel set in California duringShow MoreRelatedThe Importance Of Healthy Texas Women880 Words   |  4 PagesScientific/intellectual This project will fill gaps in the literature surrounding issues of general reproductive health care access. While literature surrounding the issues of reproductive health care access has increased since the passage of H.B. 2, the literature’s main point of focus is abortion (Gomez, 2015). 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Terrorism Attacks On The World Trade Center And Pentagon

Since the terrorist attacks on the World Trade Center and Pentagon on 11 September 2001, there have been different U.S. strategies to try and combat the rise of global terrorism. The attacks made the entire world all too aware of the scale and scope of threats that terrorism can carry. The post-9/11 global climate has thus seen a shift in awareness of and response to terrorist threats. For the last thirteen years now the United States has denoted terrorism as one of the largest threats to national security and the â€Å"highest strategic objective of U.S. embassies worldwide†, a challenge which demands no less resolve than the was required to combat Nazism and Fascism during the last century. This is due to the subversive and penetrative nature of global terrorism, as terrorist groups have the potential to undermine governments and strike devastatingly and completely out of the blue. For this reason, the Unites States has ramped up its antiterrorism and counterterrorism effort s in order to combat the aforementioned transnational and global threat of terror. The United States response to the terrorist attacks on 11 September 2001 is characterized by two seemingly identical terms, antiterrorism and counterterrorism. Antiterrorism refers to the employment by the Government of administrative, police, judicial, penal, political and security resources, tactics and equipment for the purpose of preventing terrorist attacks. This approach can be compared to highway safety; governmentsShow MoreRelatedThe Attack On The World Trade Center Bombing1092 Words   |  5 PagesAmerica has seen many terrorist attacks throughout the world and at home. Seeing them around the world may have hurt, but not as bad as seeing it in your own backyard, when you and your neighbors are being targeted. By definition Terrorism is usually a small group who kills suddenly or secretively. 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Case 1

Case 1-1 Ribbons and Bows Essay ?INTRODUCTION Carmen Diaz, with a ten thousand dollar loan from two of her cousins, and one thousand dollars that she invested in equity, was able to open a specialty store called Ribbons an’ Bows, Inc, which was located in Coconut Grove, Miami, Florida. Four months after opening the business, Carmen’s relatives requested a financial report, which was part of the original business arrangement. Within a short time, Carmen had expanded the business, purchased small equipment, paid wages to a part-time employee, and by all outward indicators, had been running a flourishing business. As Carmen gathered the necessary information to prepare financial statements, she started to scrutinize the transactions and was somewhat perplexed. Carmen realized that numbers were not adding up as she had anticipated. Additionally, it became questionable whether the business was operating successfully, at least when accounting principles were appropriately applied. Statement of the Problem It was fortuitous for Carmen Diaz to have family who were supportive of her small business endeavor, thereby providing start-up funds and legal advice. Carmen’s endeavor can be recognized as a â€Å"microbusiness† operation; â€Å"microcredit†, microenterprise† and â€Å"microfinance† are terms that have been associated with microbusinesses (Datar, 2009). Clearly, Carmen would have benefitted from some professional entrepreneurial guidance that is widely available at no cost in the United States. Indeed, her uncle practiced law, but it was not clear if business law (finance/ accounting) was within his forte. It was noticeable that Carmen was unskilled in accounting principles; she had apparently prepared a business plan but was not adept in all accounting proficiencies, for example, budgeting and long term planning. There was no evidence to indicate that Carmen had planned for the replacement of essential equipment, such as the computer and essential accounting management software, beyond the basic business tracking tools. She was not in tuned with important details of running a business. Altogether, Carmen was operating under a misapprehension about managing a business; one significant issue was that she was not paying herself a salary, and she had obviously not planned for such necessary compensation. In addition, Carmen had not make provisions for repayment of the loan from her family members. The major issue however, was that Carmen had spent more cash on the sewing machine, rent, employee wages and inventory, when compared with starting cash and the revenue that the business had generated (Appendix I: Income Statement). Carmen Diaz had encountered what has been described as â€Å"one of the most severe problems in microenterprise cost management† and that is the management of inventory (Datar, 2009). DESCRIPTION OF ALTERNATIVE SOLUTIONS According to Datar (2009), â€Å"access to financial capital isnt enough for many of the most vulnerable clients. Microbusiness owners often lack the knowledge and skills necessary to make effective use of financial capital. While it was necessary for Carmen to pay rent, wages and purchase small equipment to develop her business, she needed to monitor cash flow data (Appendix II: Cash Flow), thereby paying better attention to details about inventory. Inventory sitting on shelves or stored in boxes is essential capital that was not performing for the business. 1Carmen should seek out an accounting or business class at a local small business center, perhaps a community college, or engage the help of someone who could provide assistance with basic accounting ski lls. Having access to capital was promising but Carmen, by evidence, was somewhat vulnerable, lacking basic knowledge, skills and abilities to adequately utilize and â€Å"make effective use of financial capital† (Datar, 2009). As noted in the literature, â€Å"Five management accounting tools have the greatest potential for microbusinesses: cost management, throughput enhancement, budgeting, risk management, and identifying opportunities† (Datar, 2009). 2An alternative to the operating procedure Ms. Diaz has used is to order lesser inventory, more frequently. This would keep more cash in the business, which would allow Ms. .u9613b231d23510a2a787937e71ffe3a1 , .u9613b231d23510a2a787937e71ffe3a1 .postImageUrl , .u9613b231d23510a2a787937e71ffe3a1 .centered-text-area { min-height: 80px; position: relative; } .u9613b231d23510a2a787937e71ffe3a1 , .u9613b231d23510a2a787937e71ffe3a1:hover , .u9613b231d23510a2a787937e71ffe3a1:visited , .u9613b231d23510a2a787937e71ffe3a1:active { border:0!important; } .u9613b231d23510a2a787937e71ffe3a1 .clearfix:after { content: ""; display: table; clear: both; } .u9613b231d23510a2a787937e71ffe3a1 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u9613b231d23510a2a787937e71ffe3a1:active , .u9613b231d23510a2a787937e71ffe3a1:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u9613b231d23510a2a787937e71ffe3a1 .centered-text-area { width: 100%; position: relative ; } .u9613b231d23510a2a787937e71ffe3a1 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u9613b231d23510a2a787937e71ffe3a1 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u9613b231d23510a2a787937e71ffe3a1 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u9613b231d23510a2a787937e71ffe3a1:hover .ctaButton { background-color: #34495E!important; } .u9613b231d23510a2a787937e71ffe3a1 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u9613b231d23510a2a787937e71ffe3a1 .u9613b231d23510a2a787937e71ffe3a1-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u9613b231d23510a2a787937e71ffe3a1:after { content: ""; display: block; clear: both; } READ: Sir Gawain and the Green Knight EssayDiaz to take some salary for herself and to set up a payment schedule for the business loan from her cousins. As noted by Sergeant (2009), it is best to keep minimal inventory on hand. Excessive inventory, whether materials needed to perform services or office supplies, ties up cash. More frequent orders would allow Ms. Diaz to order more accurately based on actual consumption rather than estimating needs over the longer term, using the principles of Just- In- Time (JIT) ordering. This alternative is dependent on shipping costs and order turn-around times as well as customer order lead times. 3Another alternative is for Ms. Diaz to keep only samples in her store. Customers pay a 50 % deposit when they order the product and Ms. Diaz then orders the materials for that specific order. When the materials arrive, Ms. Diaz fabricates the product and subsequently, delivery and final payment take place. Again, she will use JIT principles to order only the materials for work that has been ordered. In the situation where particular products are standard or quick turnover items, an exception may be made to the no inventory rule. Again, the concept is that less cash is tied up in inventory and is available for a salary for Ms. Diaz and her loan repayment. SELECTION OF THE BEST SOLUTION The best solution is dependent on the mix of Ms. Diaz’s business. If the store experiences most of its sales in ready-made items or off the shelf ribbon products, the solution of minimal inventory purchased frequently to support those sales is appropriate. If, on the other hand, most of the sales are comprised of custom orders for wedding decorations and other similar products, the procedure of requiring a 50% deposit at the time of order, ordering materials for the specific job and collecting the outstanding balance at the time the customer picks up the finished product would be appropriate. If the store does both types of business in fairly equal proportions, there is no reason why a hybrid of both methods could not be used. At such an early stage in business, it is important for Carmen to balance cash flow and inventory with sales/ income figures and synchronize with the turnover (ultimate decision to purchase) of inventory. Four months after opening for business, Carmen must monitor walk-in-business versus special-orders, scrutinize accounts for profitability, and manage inventory accordingly. The incorporation of standard/ routine management accounting principles and techniques would significantly enhance the day-to-day business decisions. Having access to business software is an excellent start but is not an adequate replacement for the expertise of education and knowledge that could be found at a small business center, or obtained in a class at a community center or local college. Conclusion and Summary Carmen Diaz’s new business appears to be profitable as of June 30, 2006. The financial statements are included as Appendices I, II, and III. Cash was depleted by the purchase of materials, explaining the difference in the bank account on June 30th. The business could not be considered successful in that there has been no movement toward repaying the $10,000 loan, and no salary was paid to Ms. Diaz. However, if the on-hand materials inventory is reduced and the suggested steps are taken, it is likely that the business can be successful and provide Ms. Diaz with a salary and the ability to repay the loan. Carmen started on her venture with $11,000; within four months, the balance sheet (Appendix III: Balance Sheet) shows that assets totaled $12,770. It might appear that the business had earned $1,770. On the other hand, Carmen had earned $1300 dollars per month as a cashier. According to the numbers, had Carmen kept her job, she would have earned $5,200 over four months. When compared with $1,770 that the business earned, Carmen would have been more profitable than the business entity by $3,430. Appendix I Ribbons and Bows Income Statement Q1, 2006 INCOME STATEMENT Sales Revenue $ 7,720. 00 COGS $ 2,100. 00 GROSS MARGIN $ 5,620. 00 Supplies $ (80. 00) Rent $ (1,800. 00) Advertising (150. 00) Wages $ (1,600. 00) Depreciation on Sewing Machine and Computer $ (310. 00) Interest on Cousins loan $ (200. 00) NIBT $ 1,480. 00 TAXES $ REVENUE AFTER TAXES $ 1,480. 00 Appendix II CASH FLOWS 3,390. 00 Starting Cash $ 4,000. 00 Sales (Q1) $ 7,400. 00 Sewing Machine (bought after April 1st) $ (1,800. 00) Rent (April-June) $ (1,800. 00) Inventory (replenishment after April 1st) $ (2,900. 00) Employee Wages $ (1,510. 00) Appendix III Ribbons and Bows Balance Sheet June 30th, 2006 .u2c066d0242371195bc54548c0af230c3 , .u2c066d0242371195bc54548c0af230c3 .postImageUrl , .u2c066d0242371195bc54548c0af230c3 .centered-text-area { min-height: 80px; position: relative; } .u2c066d0242371195bc54548c0af230c3 , .u2c066d0242371195bc54548c0af230c3:hover , .u2c066d0242371195bc54548c0af230c3:visited , .u2c066d0242371195bc54548c0af230c3:active { border:0!important; } .u2c066d0242371195bc54548c0af230c3 .clearfix:after { content: ""; display: table; clear: both; } .u2c066d0242371195bc54548c0af230c3 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u2c066d0242371195bc54548c0af230c3:active , .u2c066d0242371195bc54548c0af230c3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2c066d0242371195bc54548c0af230c3 .centered-text-area { width: 100%; position: relative ; } .u2c066d0242371195bc54548c0af230c3 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2c066d0242371195bc54548c0af230c3 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2c066d0242371195bc54548c0af230c3 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u2c066d0242371195bc54548c0af230c3:hover .ctaButton { background-color: #34495E!important; } .u2c066d0242371195bc54548c0af230c3 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2c066d0242371195bc54548c0af230c3 .u2c066d0242371195bc54548c0af230c3-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2c066d0242371195bc54548c0af230c3:after { content: ""; display: block; clear: both; } READ: A Man On The Moon EssayASSETS 12,770. 00 LIABILITIES 12,770. 00 Current Assets 9,030. 00 Current Liabilities 10,290. 00 Cash in Bank $ 3,390. 00 A/P $ 90. 00 A/R $ 320. 00 Cousins Loan $ 10,000. 00 Inventory $ 4,100. 00 interest payable $ 200. 00 Prepaid Rent $ 1,200. 00 Supplies $ 20. 00 Fixed Assets 3,740. 00 Long-term Liabilities 0. 00 Cash Register $ 250. 00 Sewing Machine $ 1,740. 00 Computer $ 1,750. 00 Shareholders Equity 2,480. 00 Earnings $ 1,480. 00 Carmens Personal Investment 1,000. 00 References Anthony, R. N. , Hawkins, D. F. , , K. A. Accounting: Text Cases 12th Edition, New York, NY; McGraw-Hill Irwin Publishing Company Datar,  S. ,  Epstein,  M. ,  ,  K.. (2009). MANAGEMENT ACCOUNTING AND CONTROL: Lessons for and from the Worlds Tiniest Businesses. Strategic Finance,  91(5),  27-34. Retrieved August 15, 2010, from ABI/INFORM Global. Sergeant, D. J. , (2009,  October). Painless Cost Cutting. Alaska Business Monthly,  25(10),  42. Retrieved August 15, 2010, from ABI/INFORM Dateline.

Theory of Negligence Advance in High Court in Australia

Introduction In the resolution of civil cases involving claims of negligence, it is vital for the plaintiff to attest that the defendant owed him/her a duty of care, the breach of which resulted to a damage on his or her part. It is also crucial for the defendant to have recognised in the most reasonable sense that he owned a duty of care to the plaintiff.Advertising We will write a custom thesis sample on Theory of Negligence Advance in High Court in Australia specifically for you for only $16.05 $11/page Learn More This implies that every element of tort has concepts of value judgment ingrained in it. One such value judgment is the capacity to proof that the damage caused to the plaintiff was foreseeable in the most reasonable sense by a reasonable individual in a similar position as the defendant during the time of raising the negligence claims. In this end, a controversy emerges in determining what is foreseeable and what is not foreseeable. Conseque ntly, judges, not only from Australia, have to derive mechanisms of settling matters involving claims of negligence by determining the reasonableness of the claims, extents of duty of care owed to the plaintiff, and the degree of foreseeability of the damages claimed by the defendant1. Therefore, as revealed in the paper, judges theoretically apply an ‘objective test’ to disguise a ‘subjective’ value judgment in claims relating to negligence in the Australian courts. Components of tort of negligence in Australia and objective test In the Australian law, negligence comprises of two essentials components: â€Å"foreseeability of the risk of harm and the so called negligence calculus†2. The first component is central in providing a response to the query of whether a person deemed reasonable would have considered the necessary precautions to avoid the risks acerbated to the defendant. This is a quest to prove a duty of care. One of the ways of proofing d uty of care is through a subjective test in which the court has to determine whether the defendant knowingly subjected the plaintiff to situations likely to cause substantial harm. Another way of proving duty of care is through objective test applied by judges. This entails determining that a defendant failed to realise his/her actions towards another party (claimant) would have caused substantial harm; something that another party in such a position as the defendant would have realised. In Australia, the objective test disguises prior knowledge that one’s actions towards another person would cause substantial harm (subjective test) because the person claimed to have caused the damage is not vital to have prior knowledge that his/her actions could have caused the claimed damage3. Rather, the standard is to prove that another reasonable person in the same position as the defendant would have realised the probability of the damage and could have taken the necessary precautions to prevent its occurrence. However, even though this argument points at asserting that judges in high courts use objective tests to disguise subjective tests to settle claims of negligence in the Austrian courts, it is important to pin point that â€Å"foreseeability implies precondition for finding negligence†4.Advertising Looking for thesis on administrative law? Let's see if we can help you! Get your first paper with 15% OFF Learn More This means that a court cannot hold one accountable for not adhering to the necessary safety measures aligned with any unforeseeable risk. However, the fact that the defendant is needed to have foreseen a possible risk on the part of plaintiff does not necessary imply that the defendant needs to be considered as being negligent in taking appropriate precautions to make sure that the plaintiff was free from risks exposure as a subjective test would require5. Instead, a calculus for negligence is applied to lay the frameworks for making decisions on the necessary precautions that a reasonable person in the same position as the defendant (objective test) would have taken to eliminate the risks posed to the plaintiff, and which truncated in breach of duty of care. The negligence calculus applied by Australian judges’ sets out the various precautions that a defendant is anticipated to have taken into consideration before acting in a manner that a reasonable person would have known could have caused risks of harm to the plaintiff. According to Deakin, and Johnston, the calculus tests â€Å"a) the probability that the harm would occur if care was not taken, b) the likely seriousness of the harm, c) the burden of taking precautions’ to avoid the harm and, d) the social utility of the risk-creating activity†6. Essentially, the calculus entangles weighing these four components. For personal injuries, the approach of the court is not to test all these components separately for a proof of neglige nce claim to stand. Rather, â€Å"†¦the court simply asks in the light of these factors what the reasonable person in the position of the defendant would have done or not done in order to avoid harm to the plaintiff† (McGlone Stickley, n 11). In this context, it is arguable that, while the probability of risks may a scientific concept, the objective approach of foreseeabilty rests on both interference and knowledge. For example, â€Å"even though an event would be highly probable to occur, any person can foresee such an event if that person ought to know or even knows that such an event would take place†7. This means that judges interpret knowledge of an event likely to pose danger or harm to an individual resulting from undue acts of another person based on the alleged date of negligence but not on possession of such knowledge at some future time. Conversely, an event of low probability, which can truncate into harming another person (plaintiff) due to negligenc e of another person(defendant) is only foreseeable by any person in legal terms if that person ought to have known or even knows that such an event had taken place some times in the past8.Advertising We will write a custom thesis sample on Theory of Negligence Advance in High Court in Australia specifically for you for only $16.05 $11/page Learn More Consequently, it is deducible that, for the purposes of interpretation of validity of negligence claims in Australia, â€Å"whether a person ought to have foreseen a particular event is not a matter of what they knew, but of what the ‘reasonable person’ in their position would have known†9. This is why judges apply reasonable foreseeabilty to proofs entailing negligence claims. Essentially, this requires objective tests. Subject to the approaches of objective value judgment in Australia, a major problem emerges because low probability events may be foreseeable. Consequently, while it sou nds subtle to anticipate an individual to be held liable for failing to pay attention to precautions for unforeseeable risks, it is also unreasonable to anticipate an individual to have taken precautions to a risk possessing low probabilities just because it was foreseeable. In dealing with this challenge, in the case of Wyong Shire Council v Shirt (1980) 146 CLR 40, the high court held, â€Å"in effect, that a person cannot be held liable for failure to take precautions against a risk that could be described as ‘far-fetched or fanciful’, even if it was foreseeable†10. This simply implies that some risks possess very low liabilities to the extent that reasonable people would ignore them. Hence, such persons would not be considered as having breaching duty of care if such risks could have materialised and caused immense damage with the cheapness of mitigating them withstanding. Another objective approach in determining any claims of negligence, as set out by the A ustralian high court is the determination of circumstances in which individuals may be held liable for failing to prevent personal injuries and or death from occurring. This disregards the case where the negligence of the defendant to play his or her duty of care resulted into the harm and unless such conduct of the defendant was not too remote from the defendant’s negligent conducts11. The problem with such an objective approach is that individuals get rare opportunities and guidance on how and when their conducts so considered as negligent may amount to harm. Irrespective of this problem, the high court considers that such causation entangles two main aspects12. The first aspect is the factual causation while the second is the causal causation. The high court has established laws to deal with issues of causation both subjectively and objectively. Hence, further discussions of these aspects are beyond the scope of this paper. Further examples of objective approaches to judgm ents that are disguised as subjective value judgments are exemplified by Gaudron in Bennett v Minister for Community Welfare (1992) 176 CLR 408, 420-421.Advertising Looking for thesis on administrative law? Let's see if we can help you! Get your first paper with 15% OFF Learn More In fact, Gaudron reckons, â€Å"in the absence of evidence that the breach had no effect or that the injury would have occurred even if the duty had been performed, it will be taken that the breach of the common law duty of care caused or materially contributed to the injury†13. From this judgment, it is clear that the impact of objective value judgment in negligence claims is to ensure that the onus of proof in matters of causation are shifted to the defendants the moment the court establishes that the duty of care on the part of the plaintiff was breached. This also applies if the plaintiff suffered injuries that were foreseeable. This principle is widely approved by the high court in its recent settled cases. Its impact is to alter the traditional law relating to the causation of events leading to breach of duty of care coupled with having an immense potential in expanding the scope of the claims of negligence14. Conclusion In conclusion, in settlement of claims of neglige nce, the approach followed by the Australian high court is to proof that the defendant behaved in a style that would have caused injury, damage, or harm to the plaintiff. For the claim to hold, the paper has discussed that a consideration does not proof that the defendant failed to act to prevent the risk from occurring hence causing the claimed damage by the plaintiff. Rather, a consideration goes to proof that a reasonable person could have foreseen such risks. This implies that the court seeks to proof that the defendant acted in an unreasonable manner so that he or she caused harm on the plaintiff part. In this light, the paper has argued that the Australian courts judges theoretically apply an ‘objective test’ to disguise a ‘subjective’ value judgment in claims relating to negligence. The stand holds since the burden of the proof rests on the defendant to proof beyond any reasonable doubt that he was reasonable in acting in a manner that caused harm, a s claimed by the plaintiff, or he never acted in such a manner. Bibliography Australian Human Rights Commission, Fact Sheet 1: Defining Human Rights (2012) https://www.humanrights.gov.au/our-work/education/human-rights-explained-fact-sheet-1-defining-human-rights at 1 August 2012. Bennett v Minister for Community Welfare (1992) 176 CLR 408, 420-421. Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2. Cook v Cook (1986) 162 CLR 376 at 390 (Mason, Wilson, Deane and Dawson JJ). Deakin Simon and Angus Johnston, Markesinis’ and Deakin’s tort law (Oxford University Press, 2003). Feinman, Jay, Law 101 (Oxford University Press, 2010). Kirby Michael, ‘Is legal history now ancient history’ (2009) 83 Australian Law Journal 31. McGlone, Frances and Amanda Stickley, Torts Law: Accessible and well-balanced overview of the law of torts in Australia (New Jersey, 2007). Victorian Law Reform Commission, Civil justice Review (Report No 14, 2008). Vines, Prue, Law and Ju stice in Australia- foundations of the Legal System (Oxford University press, 2009). Wyong Shire Council v Shirt (1980) 146 CLR 40. Footnotes 1 Australian Human Rights Commission, Fact Sheet 1: Defining Human Rights (2012). 2 Prue Vines, Law and Justice in Australia- foundations of the Legal System (2009) 10-37. 3 Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2). 4 Jay Feinman, Law 101 (2010) 80-95. 5 Taylor (1996) 70 ALJR 866. 6 Simon Deakin and Angus Johnston, Markesinis’ and Deakin’s tort law (2003) 2-10. 7 Frances McGlone and Amanda Stickley, Torts Law: Accessible and well-balanced overview of the law of torts in Australia (2007) 23. 8 Cook (1986) 162 CLR 376. 9 McGlone and Stickley, above n 1. 10 Wyong Shire Council v Shirt (1980) 146 CLR 40. 11 Victorian Law Reform Commission, Civil justice Review (2008) 14. 12 Cook v Cook (1986) 162 CLR 376 at 390. 13 Bennett (1992) 176 CLR 408, 420-421. 14 Michael Kirby, ‘Is legal history now ancient historyâ€⠄¢ (2009) 83 Australian Law Journal 31. This thesis on Theory of Negligence Advance in High Court in Australia was written and submitted by user MaryJaneWatson to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Beatrice and Catherine play Essays

Beatrice and Catherine play Essays Beatrice and Catherine play Paper Beatrice and Catherine play Paper Beatrice is a woman who often likes to talk about how shes feeling and shows her anxiety to Eddie openly, Im just telling you I done what you want! Shes constantly standing by Eddie, even though she knows hes done a terrible thing by calling in the authorities. Through it all Eddie eventually comes back to Beatrice as he dies in her arms: My B.!  Rodolpho is an American enthusiast; hence the singing of Paper Doll (an American song) and the spending of money on fashionable clothes and records, of which Eddie disapproves. Rodolphos constant smiling and affection makes the audience begin to like him, and feel sympathy for him. When Marco and Rodolpho arrive in Act One, Eddie takes an instant dislike to Rodolpho because of the obvious attraction between Catherine and Rodolpho. The stage direction He is coming more and more to address Marco only shows that Rodolpho has started to irritate Eddie, and he doesnt like having an unmarried man in his house. The attraction between Rodolpho and Catherine becomes most evident to Eddie in the last two lines of this part of the act, when Catherine says to Rodolpho, you like sugar? and he replies, Sugar? Yes! I like sugar very much!. Taken literally, Catherine is in fact offering Rodolpho sugar for his coffee, but there is also a possibility of a hidden meaning. By this time Eddie has become insanely jealous, because giving someone sugar can also means giving someone some love. Eddie often tries to discredit Rodolpho, first by implying that Rodolpho is not serious about his relationship with Catherine and is merely in search of an American citizenship, when that fails he comes to believe Rodolpho is a homosexual and tries to show up his effeminate side, in contrast to himself. However hes careful to never actually say homosexual and tells Alfieri that he aint right and you could kiss him, he was so was so sweet. Towards the end of the play, Marco becomes much more important. Marco is a man of actions rather than words, and is often silent. He has difficulty speaking English which also adds to his belief in actions speaking louder than words. Marco came to the U.S.A out of love for his family and clearly misses them, and also feels a responsibility for Rodolpho, as well as the community. When Eddie attempts a joke about the surprises awaiting men in Italy after working in the U.S.A for many years, Marco corrects him and sees nothing funny in the suggestion. In the first act when Marco raises the chair like a weapon to threaten Eddie, it allows him to express an idea wish he would not wish to put into words. At first it is Rodolpho who Eddie wants to eliminate, but after Marco spits in his face and announces I accuse that one when Eddies betrays them and calls the authorities, Eddies war is with the elder brother. In effect, a challenge has been issued by Marco, Marcos got my name. and contradicting Marco is Eddies only way of trying to recover his lost name. Marco feels very strongly about family values and tells Alfieri that in his home country Eddie would already be dead for what he has done, and feels even more strongly than Eddie does the values which Eddie expresses in telling the story of Vinnie Bolzano, the stool pigeon. Being the 1940s, Catherine and Beatrice are often restricted by Eddie as head of the household. Catherine feels obliged to obey him because he has been like a father to her, and doesnt think its right if he does not agree with her marriage to Rodolpho. Her loving respectful attitude towards him slowly dissolves and turns to hate in Act Two, where she calls him a rat. Beatrice on the other hand remains devoted to Eddie through the whole play, and stands by him even when she knows Eddie has done something awful. Even when Eddie demeans her, by saying that she is his wife and should obey him, she still stands by him. This is also shown by the way she reacts when she is told that she cant go to Catherines wedding or she no longer lives in the same household. Another example of Eddie being a man of his time is in Act Two where he returns home after ringing the immigration bureau. He is really paranoid and anxious, so he starts to take it out on Beatrice. I dont like the way you talk to me, Beatrice and I want my respect Eddie, as a man of his time, is also unable to express his emotions and keeps them locked inside to show his masculinity. Eddie: Pause, he cant speak, then I cant, I cant talk about it. He is at war with his inner self because he cant admit, even to himself, that he likes Catherine and is in denial and disgusted at himself. His inability to express his emotions is an act of defence, to avoid showing his weakness and insecurities. The tension in A View from the Bridge rises and drops deliberately, the high moments of tension being: the chair scene; the kiss scene; Marco spitting in Eddies face; and the fight at the end. The chair scene raises the audiences tension because it is surprising. Not much is known about Marco, he remains mysterious throughout the first Act. When he raises the chair as a weapon, it shocks the audience and at the same time gives a very slight insight into Marcos protective personality. In effect, it makes the audience curious as well as slightly worried because it gives a sense of foreboding. With the audience still tense, the second act opens with a series of events that relies on stage action, as a drunken Eddie kisses both Catherine and Rodolpho. He kisses Catherine to show her how a real man kisses and kisses Rodolpho to show Catherine that he enjoys it, to humiliate him and to show that his failure to resist is significant. By now Eddie will have lost the audiences sympathy, and in 1955 when the play was first performed, the double kiss would have been extremely shocking.  Later during Act Two while being dragged out by the immigration officers, Marco spits in Eddies face. Then outside the apartment in front of all the neighbours, Marco reveals that it was Eddie who called the immigration bureau and accuses him by screaming, That one! He killed my children! It is at this point when Marco steals Eddies name. The real climax of the play is when Marco is coming to punish Eddie, while Eddie, in return, is demanding his name back. As said before Marco thinks it is dishonourable to let Eddie live but has given his word not to kill him. When Eddie pulls out a knife, Marco can see justice done. Eddie literally dies by his own hand which is holding the knife, but has also metaphorically destroyed himself over the whole course of the play. The death of Eddie is not particularly shocking, and gives the audience time to recover and reflect what has just happened. The anticipation of the fight is the major climax. It could be described like a showdown on a western. Miller uses a range of dramatic devices to increase the tension in the play. The use of Italian and Sicilian immigrants enables Miller to make them more or less inarticulate in English. Alfieri is the only educated speaker of English and for this reason can explain Eddies actions to us. Eddie uses a naturalistic Brooklyn slang e.g. quicker for more quickly. If the dialect was different, or more articulate it wouldnt have had the same gritty realistic effect. Action and stage directions are very important in this play, because of Eddies and Marcos limitations as speakers, and purely because some matters cannot be discussed and are shown by gestures instead. The stage directions define each character. At high moments of tension or climaxes Miller often adds in very striking action. For example the climax of Act One, when Eddie tries to humiliate Rodolpho by teaching him to box, while Macro silently watched what was happening. As Eddie throws a punch which staggers Rodolpho, Marco shows the danger Eddie is inviting by threatening Rodolpho, by lifting the chair as a weapon. The structure of the play is quite simple. Miller used the two acts to mark a division in Eddies story, and within these acts are scenes, which are split by Alfieris talks/monologues and are narrated in a linear fashion but with gaps in time. The lighting is used theatrically, a significant use being the phone booth, which glows brighter and brighter signalling Eddies realisation then determination to call the immigration bureau. The area in use is lighted if needed, other wise it is dark. The blackouts give a moment of reflection, leaving the audience to dwell on the events of the play. It is said that Miller wanted to make A View from the Bridge a modern equivalent of a Greek tragedy, which has: a central character that has a fatal flaw, e.g. Eddie with his love for Catherine, and therefore his jealousy and a Greek chorus. The chorus was a group of people who watched the play, commented on it and addressed the audience directly. In A View from the Bridge Alfieri is the equivalent to the chorus, and after Eddie, is probably the most important role in the play. Alfieri moves time on, directs the audience in their thoughts and feelings, anticipates what will happen and establishes character, He was a good a man as he had to be. His words are constantly full of foreboding, Another lawyer sat there as powerless as I and watched it run its bloody course but he doesnt try to alter the course. Alfieri is at battle with himself, not knowing how involved he should get. He repeatedly tells Eddie not to get involved, to let Catherine go. As Eddie contemplates betrayal, Alfieri reads his mind and warns him: You wont have a friend in the worldput it out of your mind.  At the end of a scene, as the light goes up on Alfieri, the audience is challenged to make a judgement.  A View from the Bridge is not a pleasant play nor is it meant to be. I personally enjoyed it because it was gripping, and there are subtle metaphors scattered throughout. The issues represented still apply to this day, trust being tested now more than ever. It leaves philosophical and moral questions lingering in our mind, such as who is responsible for Eddies death? It could be argued that Beatrice and Catherine played a part to Eddies downfall, however I would disagree. They couldnt be blamed for Eddies attraction and lust for Catherine, because preventing love is impossible. A View from the Bridge couldnt end any other way, if Eddie had not died, he would have suffered humiliation and shame for the rest of his life, which would probably lead to suicide, death being inevitable. Would I be able to cope in his position and resist that act of desperation? In all honesty, I dont think I could, its just a matter of time until the wall of denial would crumble, eventually giving in to acceptance and desperation. A View from the Bridge is a well written play; it appeals to our hearts, but makes us think with our heads.

8 Great Podcasts for Writers and Book Authors

8 Great Podcasts for Writers and Book Authors 8 Great Podcasts for Writers and Book Authors 8 Great Podcasts for Writers and Book Authors By Ali Hale There is a lot of writing advice out there. Perhaps you’ve signed up to read lots of blogs by email, you’ve bought some great writing-related books, and you still feel like something’s missing. Or maybe your reading time is limited: you can’t very well scroll through blogs while you’re driving to work, for instance. That’s when podcasts come in. Whether you’re looking for encouragement or instruction, podcasts are a great way to get writing advice (often from award-winning and/or bestselling authors) in a way that fits around daily life. Maybe you could listen to a podcast on your commute, or while you’re working out at the gym, or while you’re doing the dishes or other household chores. (A lot of my own podcast listening happens while I tidy up my kids’ toys and craft activities!) If you prefer to read rather than listen, or if you’re looking to quickly glean specific bits of information, then look for podcasts that have a transcript, or at least detailed show notes. Here are eight great ones to try. They’re in no particular order: all of these offer excellent advice, and I’ve tried to indicate which might suit different types of writer. #1: Bestseller, from Reedsy Frequency:  roughly weekly while the season is running Average length: 20 minutes Transcript available: no Best for:  self-publishers, novelists This is a slick, professionally produced podcast from Reedsy, which describes itself as a â€Å"full ecosystem for authors and publishing professionals†: they offer classes, contests, and a marketplace where you can connect with editors, ghostwriters and other professionals. The short first season of their podcast covers the various stages of self-publishing a book, from understanding the writing process to going to market, and features Shaz Kahn talking about her experience of being a first time self-publisher. If you’re thinking of self-publishing, it’s definitely a good one to listen to. There aren’t too many episodes (six, at the time of writing) and they’re short, so you can easily listen to the whole thing. There’s no transcript, though, and only a few words for the show notes †¦ so if you’d rather read than listen, this might not be the best podcast for you. #2: The Creative Penn (Joanna Penn) Frequency: weekly Average length: 60 – 70 minutes Transcript available: yes (for the interview portion of the episode) Best for: fiction-writers; writers who are interested in self-publishing Most weeks, Joanna Penn interviews an author or expert on a particular topic; occasionally, she does a solo episode. Her focus is on self-publishing, but she covers a huge range of topics related to this, and has some episodes that focus on crafting fiction and others that look at topics that are more about the process of living a creative life (e.g. How Play Can Help You Overcome Anxiety And Become More Creative With Charlie Hoehn). Joanna starts each episode by talking about how her own writing and publishing is going, and then covers industry news for the past week, before going into the interview itself, which is the main part of the podcast. The first sections of the podcast aren’t transcribed, but the interview itself is. #3: I Should Be Writing (Mur Lafferty) Frequency: monthly Average length: 20 minutes Transcript available: yes Best for: fiction writers; beginners Way back in 2006, I’d just finished university and was working on a novel. I used to listen to Mur Lafferty’s fun, inspiring podcast, I Should Be Writing. At that point, she was podcasting her first novel, Playing for Keeps, a chapter at a time. Fast forward thirteen years, and Mur is now an award-winning podcaster who’s written a whole bunch of different things. She also has her own Wikipedia page: something that I think many writers aspire to! In her podcast, she talks honestly about her own writing and experiences. If you’re looking for a shot of writing inspiration or just want to virtually hang out with someone who â€Å"gets† what it’s like to be a writer, give it a try. If you’d prefer something more advanced, that deals with specific writing problems, then try Mur’s other podcast Ditch Diggers instead. #4: Helping Writers Become Authors (K.M. Weiland) Frequency: three times a month Average length: 15 – 20 minutes Transcript available: yes (the podcast is a read-aloud version of K.M.’s blog posts) Best for: fiction writers Author K.M. Weiland offers fantastic, detailed advice on the craft of writing fiction on her blog. Her podcast is part of the blog, and each episode has a short introduction then an audio version of a blog post (if you’d rather listen to a blog post than read it, you can find the audio link at the bottom). The posts/episodes cover broad topics about writing/creativity like 6 Lifestyle Changes You Can Make to Protect Creativity and specific ones like Tips for How to Choose the Right Sentences. If you like podcasts that are focused on giving focused, actionable advice, rather than ones that are more like hanging out with writers as they chat, then K.M.’s is a great option for you. Each episode covers a topic in-depth, but doesn’t last longer than 20 minutes. If you prefer to read rather than listen, then simply read the blog post versions of her podcast episodes instead of subscribing to the podcast itself. #5: The Portfolio Life (Jeff Goins) Frequency: weekly Average length: 30 – 40 minutes Transcript available: no Best for: writers looking for inspiration and encouragement Some episodes of this podcast involve Jeff interviewing an author or expert; others are Jeff sharing his own experience and expertise with the audience. The podcast mainly focuses on writing, though there’s also a broader look at creativity in some episodes – e.g. How to Use Time to Be Your Most Creative. Although there isn’t a transcript as such, the episodes have a blog post version too, that’s a shorter, more succinct version of the podcast – so if you prefer to read, stick with the blog posts. In both the podcasts and the posts, Jeff is always both encouraging and realistic about the creative process and life as a writer, and offers a mix of practical advice and reassuring words. #6: Writing Excuses (Multiple Hosts) Frequency: weekly Average length: 15 minutes Transcript available: yes, indexed here Best for: fiction writers This long-running podcast is hosted by several different writers and covers a wide range of writing topics, in short episodes because (according to their tagline) â€Å"fifteen minutes long, because you’re in a hurry, and we’re not that smart†. Sometimes, it’s a discussion on a particular topic between the hosts, and sometimes they have a guest to interview. It’s a very informal, chatty show and some episodes are more focused than others – but if you want something fun to listen to while you’re doing the dishes or folding the laundry, it’s a great choice. Some of the episodes are really specific (e.g. they have one on writing Characters Who Are Smarter Than You Are and they did several on space travel recently), so it’s well worth a dig through their very extensive archives to see if they have something that tackles the exact question you have about your novel-in-progress. #7: The Self Publishing Show (Mark Dawson and James Blatch) Frequency: weekly Average length: 50 minutes Transcript available: yes Best for: self-publishers On this podcast, Mark Dawson – a highly experienced and successful self-publishing novelist – and James talk to various authors and experts about different aspects of self-publishing and marketing. Each episode has both video and audio, and they’re nicely produced: while Mark and James are chatty and friendly, the focus is always on drawing out lots of detailed information from interviewees. The episodes cover a range of different topics, from the nuts and bolts of things like cover design and using Facebook live, to more big-picture ones like The Entrepreneur Mindset. Each episode includes show notes with â€Å"this week’s highlights†, so you can take a look at a few in the archive and decide which ones would be useful to listen to. There are occasional â€Å"Masterclass† episodes, where Mark (interviewed by James) talks about a particular topic in detail: Masterclass: Amazon Ads – What’s Working Right Now is a good example. #8: Writers on Writing (Barbara DeMarco-Barrett) Frequency: weekly Average length: 55 60 minutes Transcript available: no Best for: fiction writers focused on their craft This podcast is a radio show that offers a more literary take on writing, talking to authors about their books, process and craft (rather than covering topics like self-publishing and entreprenurship). They have some impressively big name authors like Liane Moriarty appearing as guests on the show – you can find a list of upcoming guests here. As well as talking to authors, they invite on editors and literary agents: for instance, they had LA agent Betsy Amster on in December. So if you’re looking for help with cover letters or insights into the publishing world, this could be a great podcast for you. There aren’t any transcripts, and the show notes are very brief, but do have a dig through the archives as the show has some consistently interesting, detailed episodes – think of them a bit like attending a talk at a writing festival or conference. Podcasts can be an easy way to learn about specific topics or to virtually hang out with some great writers while you’re getting on with the more mundane tasks in life. Try some of the ones on this list, or share your own favourite writing podcasts with us in the comments. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Writing Basics category, check our popular posts, or choose a related post below:What is the Difference Between "These" and "Those"?Try to vs. Try andHow Verbs Become Adjectives

Chinese Fashion Industry Essay Example | Topics and Well Written Essays - 5000 words

Chinese Fashion Industry - Essay Example The essay "Chinese Fashion Industry" talks about International Fashion Magazines and their Social Power in China. The government censors the media heavily, with foreign materials and literature screened thoroughly before they are consumed by the Chinese. This not withstanding, the media of the people’s republic of china is one of the vibrant one around the world. Due to the fact that the government no longer subsidizes the state media houses, they have been affected by a shortage of fund (Evans, 2004). This means that they cannot function fully. This has given them a motivation to move away from being the government mouth pieces to produce items that can be consumed by the public. This has meant even going overboard and starting to import foreign programs to broadcast to the local audience. However, the foreign content is still tightly censored by the government. This phenomenon can be found both in print and electronic media. The number of newspapers and magazines circulating in the country has more than tripled in the last three decades. In 2004, the number of magazines circulating in china was approximately 9700. More than a quarter of these titles were commercial magazines. It is a fact that the government has relaxed its regulation on both local and foreign literature, albeit at a small measure. This, coupled with the increased wealth of the Chinese citizens, has attracted a lot of foreign media. The twenty first century has seen an influx of international and foreign media in this country. This includes print media and electronic media. The people of china can now watch foreign program, albeit loosely censored, via the pay channels. They are able now to read publications from the international media houses like the New York Times. Foreign fashion magazines have not been left behind (Xing, 2009). A lot of fashion magazines are now available to Chinese people from foreign publishers. The September of the year 2005 saw such one magazine been launched in china. Conde Nast, the publishers of best selling fashion magazines, launched a local version of one of their best selling magazine. This was Vogue, which they labelled Vogue China (Gareth, 2008). The magazine had some local content with a dash of foreign fashion literature. The first issue was a thick, 430 pages of fashion (Gareth, 2008). It sold very first. In fact, the first 300,000 copies were literally scrambled for by the local fashionistas. The cover model was Australian Gemma Ward. But there was also a dash of local models like Wang Wenqin, Tong Chenjie among others (Miss Zhang, personal communication, 2008). This was the case with other foreign magazines that were making their debut in the Chinese market. However, this success was short lived. Three years down the line, vogue china seems to have grounded to a halt as far as influencing the Chinese fashion culture is concerned (Xing, 2009). It has been left for the few people in the society who are in the elite segment and who have western and foreign orientations. Vogue china can be described as having failed on its mission to change the Chinese. However, local fashion magazines have succeeded in these areas that high end and foreign magazines have failed. The above scenario is not restricted to Vogue China only. Others international magazines which had enjoyed some measure of success after their launching have fizzled out (Latham, 2007). This paper will look at the reason why this is so. Could it be the change in consumer taste, competition or other factors which have led to this scenario The writer, having been an intern at Vogue China offices,

Information Systems Quality and Testing Essay Example | Topics and Well Written Essays - 2000 words

Information Systems Quality and Testing - Essay Example Therefore, in a bid to see this effected, the company has contracted Eclipse Web Solutions to steer the website project that will see the company develop a new website that will help in promoting their products and services (Rubin & Chisnell, 2008). The company is the major stakeholder of this website project as it is the one involved in its development. Therefore, the man aim of the company in suggesting this project is to see it join its competitors in using the latest technology available. Those in the company who are set to benefit from the project include the following; human resource manager, business development director, marketing manager, area manager and finance manager. The other stakeholder who will also be involved in this website project is Eclipse Web Ltd. This is the company contracted to manage the website project by Simply Events. The other stakeholders are the customers who the company is targeting with the use and adoption of this new method of business promotion. They are set to learn more about the company concerning its products and services in order to purchase them. Successful development and implementation of the business is set to improve the performance of this company. This will be achieved through discarding the old ways of doing things and adopting the new and innovative technology. Therefore the website is going to be of value through the following ways; increasing awareness both locally and internationally, improving the long and time wasting manual operations and finally earning the company a position in the global platform as it strives to deliver and satisfy their customers (Harrison & Waite, 2006). Human resource department will benefit from the website project due to cost reduction. Currently the department has been publishing or advertising job vacancies in the local newspaper which has

Classroom - debate Essay Example for Free

Classroom debate Essay What methods can teachers / trainers use to establish ground rules with their learners? I currently teach in a â€Å"Category C, Male Populated Prison† and I am employed in education to deliver a broad spectrum of hospitality qualifications to class of 10 learners. In turn I have an obligation to mentor to a minimum of 25 guided learning hours per week, to include numeracy, literacy, and ICT. Therefore it is essential for me that establishing ground rules are fundamental for ensuring classroom management in any learning environment; understanding the needs and views of those contributing, will have a greater appreciation from the group. Atherton, J. S (2005) defines ground rules as† The minimum necessary conditions for getting learning work done in the class. † By setting boundaries for learners, they will help to create a safe and relaxed environment that will ultimately promote transparency, underpin behaviour and mutual respect for each other. Three distinct options could be utilised; * The teacher who can take a very autocratic attitude and dictate the required behaviour expected. * The learners set the agenda, with little guidance, giving limited structure to the classroom. * Open and honest discussion between the teacher and the learners to allow individuals to highlight what they feel is important to the group. This leads towards everyone living with group decisions and refraining from articulating their own personal reservations outside that group. There are several ways of establishing ground rules through consensual agreement and negotiation: Small group method; Breaking the group into smaller units to think about a limited number of suggestions that they feel are important to them. Go around the room to discuss these ideas, while also trying to elicit an understanding behind their submissions. Ensure that the group is happy about their input, but make certain that any missed and basic rules are incorporated Allow the group to openly discuss the suggestions and allow them to debate the value and worth to the classroom. The group can then vote to stipulate what rules the class should adhere too. By recording the rules, you will have a reference point for the class to focus should individuals fail to abide. Periodic revisiting and re-evaluation will highlight any deviation from those â€Å"Ground Rules† Ground rule poster; There can be issues regarding the level of understanding from a group who may have poor literacy standard. A Ground Rule Poster may be more applicable in these circumstances; a pictorial significance can have the same emphasis as a written statement. The Acronym method; Utilise the ground rules to invent a short inventive statement: AAchieve goal LLearner participation EElicit perfection XXcel Brookfield Preskill’s method Ask the students to think about the best group discussions, they have been involved in. What happened that made these discussions so satisfying? Next, ask the students to think about the worst group discussion in which they have been involved. What happened that made these discussions so unsatisfactory? For each of the characteristics, have the students suggest three things that the group might do to ensure that these characteristics are present or not present as the case may be. Use the students’ suggestions to draft a set of ground rules on which you all agree. Record the guidelines. Copy the list and bring it to section the following week. This way all students have copies that they can refer to over the semester. Periodically, have the class take a moment to evaluate whether the guidelines established at the beginning of the semester are being followed, and whether they work. The kind of behaviour and respect you would aim to achieve by negotiating and establishing the ground rules with the learners will ultimately define and underpin the success of the learning experience. Tutor name: Sally Welsh Word count: 633 Ashley Robson Bibliography Adapted from Brookfield, S. and Preskill, S. (1999). Discussion as a Way of Teaching: Tools and Techniques for Democratic Classrooms. San Francisco: Jossey-Bass. Atherton, J. S (2005) defines ground rules as† The minimum necessary conditions for getting learning work done in the class. †

The form of research known as Ethnography

The form of research known as Ethnography Ethnography is a form of research focusing on the sociology of meaning through close field observation of sociocultural phenomena. Typically, the ethnographer focuses on a community (not necessarily geographic, considering also work, leisure, and other communities), selecting informants who are known to have an overview of the activities of the community. Such informants are asked to identify other informants representative of the community, using chain sampling to obtain a saturation of informants in all empirical areas of investigation. Informants are interviewed multiple times, using information from previous informants to elicit clarification and deeper responses upon re-interview. This process is intended to reveal common cultural understandings related to the phenomena under study. These subjective but collective understandings on a subject (ex., stratification) are often interpreted to be more significant than objective data (ex., income differentials). It should be noted that ethnography may be approached from the point of view of art and cultural preservation, and as a descriptive rather than analytic endeavor. The comments here, however, focus on social science analytic aspects. In this focus, ethnography is a branch of cultural anthropology. Related information is contained in the sections on content analysis and on case study research. Key Concepts and Terms The ethnographic method starts with selection of a culture, review of the literature pertaining to the culture, and identification of variables of interest typically variables perceived as significant by members of the culture. The ethnographer then goes about gaining entrance, which in turn sets the stage for cultural immersion of the ethnographer in the culture. It is not unusual for ethnographers to live in the culture for months or even years. The middle stages of the ethnographic method involve gaining informants, using them to gain yet more informants in a chaining process, and gathering of data in the form of observational transcripts and interview recordings. Data analysis and theory development come at the end, though theories may emerge from cultural immersion and theory-articulation by members of the culture. However, the ethnographic researcher strives to avoid theoretical preconceptions and instead to induce theory from the perspectives of the members of the culture and from observation. The researcher may seek validation of induced theories by going back to members of the culture for their reaction. Definition. A popular definition of ethnography is found in Hammersley and Atkinson (1995: 1), who write of ethnography, We see the term as referring primarily to a particular method or sets of methods. In its most characteristic form it involves the ethnographer participating, overtly or covertly, in peoples lives for an extended period of time, watching what happens, listening to what is said, asking questionsà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬in fact, collecting whatever data are available to throw light on the issues that are the focus of the research. More recently, Johnson (2000: 111) defines ethnography as a descriptive account of social life and culture in a particular social system based on detailed observations of what people actually do. Ethnographic methodologies vary and some ethnographers advocate use of structured observation schedules by which one may code observed behaviors or cultural artifacts for purposes of later statistical analysis. Coding and subsequent statistical analysis is treated in Hodson (1999). See also Denzin and Lincoln (1994). Macro-ethnography is the study of broadly-defined cultural groupings, such as the English or New Yorkers. Micro-ethnography is the study of narrowly-defined cultural groupings, such as local government GIS specialists or members of Congress. Emic perspective is the ethnographic research approach to the way the members of the given culture perceive their world. The emic perspective is usually the main focus of ethnography. Etic perspective, is the ethnographic research approach to the way non-members (outsiders) perceive and interpret behaviors and phenomena associated with a given culture. Situational reduction refers to the view of ethnographers that social structures and social dynamics emerge from and may be reduced analytically to the accumulated effects of microsituational interactions (Collins 1981, 1988). Put another way, the cosmos is best understood in microcosm. Situational reduction, Collins (1981b: 93) wrote, . . . produces an empirically stronger theory, on any level of analysis, by displaying the real-life situations and behaviors that make up its phenomena. In particular, it introduces empirically real causal forces in the shape of human beings expending energy. It enables us to discover which macro-concepts and explanations are empirically groundable, and which are not Symbols, always a focus of ethnographic research, are any material artifact of a culture, such as art, clothing, or even technology. The ethnographer strives to understand the cultural connotations associated with symbols. Technology, for instance, may be interpreted in terms of how it relates to an implied plan to bring about a different desired state for the culture. Cultural patterning is the observation of cultural patterns forming relationships involving two or more symbols. Ethnographic research is holistic, believing that symbols cannot be understood in isolation but instead are elements of a whole. One method of patterning is conceptual mapping, using the terms of members of the culture themselves to relate symbols across varied forms of behavior and in varied contexts. Another method is to focus on learning processes, in order to understand how a culture transmits what it perceives to be important across generations. A third method is to focus on sanctioning processes, in order to understand which cultural elements are formally (ex., legally) prescribed or proscribed and which are informally prescribed or proscribed, and of these which are enforced through sanction and which are unenforced. Tacit knowledge is deeply-embedded cultural beliefs which are assumed in a cultures way of perceiving the world, so much so that such knowledge is rarely or never discussed explicitly by members of the culture, but rather must be inferred by the ethnographer. Assumptions Ethnography assumes the principal research interest is primarily affected by community cultural understandings. The methodology virtually assures that common cultural understandings will be identified for the research interest at hand. Interpretation is apt to place great weight on the causal importance of such cultural understandings. There is a possibility that an ethnographic focus will overestimate the role of cultural perceptions and underestimate the causal role of objective forces. Ethnography assumes an ability to identify the relevant community of interest. In some settings, this can be difficult. Community, formal organization, informal group, and individual-level perceptions may all play a causal role in the subject under study, and the importance of these may vary by time, place, and issue. There is a possibility that an ethnographic focus may overestimate the role of community culture and underestimate the causal role of individual psychological or of sub-community (or for that matter, extra-community) forces. Ethnography assumes the researcher is capable of understanding the cultural mores of the population under study, has mastered the language or technical jargon of the culture, and has based findings on comprehensive knowledge of the culture. There is a danger that the researcher may introduce bias toward perspectives of his or her own culture. While not inherent to the method, cross-cultural ethnographic research runs the risk of falsely assuming that given measures have the same meaning across cultures. Frequently Asked Questions Isnt ethnography a subjective rather than scientific social science research method? Selection of informants is not based on the researchers personal judgments but on identifications made by community members. Likewise, conclusions about cultural understandings of the phenomena of interests are not personal insights of the researcher, or even of particular community members, but are views cross-validated through repeated, in-depth interviews with a broad cross-section of representative informants. Ethnographers may also validate findings through conventional archival research, consultation with experts, use of surveys, and other techniques not unique to ethnography. At the same time, ethnographic interviews are far more in-depth than survey research. Ethnographers respond to charges of subjectivity by emphasizing that their approach eschews preconceived frameworks and derives meaning from the community informants themselves, whereas survey instruments often reflect the conceptual categories preconceived by the researcher prior to actual encounter with respondents. What are the Human Relations Area Files (HRAF)? The Human Relations Area Files (HRAF), based at Yale University, are a large collection of pre-coded ethnographic field studies of some 350 cultures. Originally available only on microfiche, collection subsets are now available on CD-ROM. Examples of coded subjects include marriage, family, crime, education, religion, and warfare. The researcher must code variables of interest to go beyond the precoding done by HRAF. Hundreds of articles have been based on the HRAF cultural database, and collections of coding schemes are documented in Barry and Schlegel, eds. (1980). The HRAF database is suitable for ethnographic coding methods as described in Hodson (1999)

Punishment versus Reinforcement

Punishment versus reinforcement is a theory by B. F. Skinner. Punishment is the administration of undiserable behavior in reducing the occurrence of a negative behavior. Punishment entails spanking and yelling. Reinforcement is the administration of a particular response that will in effect earn a learned and repeated behavior. There are two types of reinforcement, positive and negative. Positive reinforcement esults when the occurrence of a valued behavioral consequences has the effect of strengthening the probability of the behavior being repeated.While negative reinforcement, results when an undesirable behavioral consequence is withheld. Parents as well as employers should use reinforcement in managing children and employees. Reward system makes one motivated that will lead a better behavior and work outcome. Punishment vs. Reinforcement 3 Punishment is the administration of undiserable behavior in order to reduce the occurrence of unwanted behavior. Example of this is demoting a n employee due to not meeting the qouta.On the other hand, reinforcement has two types. These in effect will earn a behavior that is learned and repeated. Positive reinforcement results when the occurrence of a valued behavioral consequences has the effect of strengthening the probability of the behavior being repeated. Example of which is when an employee had struggle to meet deadline and upon completion had earned a bonus. Negative reinforcement results when an undesirable behavioral consequence is withheld.Example of this is assigning an employee on a different task while he struggle to perfect his previous task (Reinforcement Theory, 2006). 1. Basically, there should be no behaviors that can be justified by punishments. However, once in a while punishment may be used with caution or properly. Punishment, if used, should be in a decreasing trend instead of using it often. When a child was punished because of a particular mistake, the result should be a reduction of committing sam e behavior again. Some behaviors, in my opinion, may be treated with a punishment.If a child continuously behave negatively after talking with him/her or any other subtle ways to eradicate or lessen a specific negative behavior, more likely a punishment may be the last resort. But punishing a child only shows a power struggle between parents and children. The child succeded, though, because he/she had makes you irritable (Maag, 2006). At the end of the day, I personally discourage punishment since negative behavior will not bend negative behavior. 2. Rewards may modify behavior.In my own opinion, rewarding a good behavior for example giving reward to a child when he/she had a higher grade in comparison with his/her previous grade Punishment vs. Reinforcement 4 will give a very specific motivation for the child to do better in the next examination. Same thing for employees. If the company motivates an employee by giving awards or recognition for a specific outcome, there will be enth usiasm in doing the next workload. Rewards does not only mean giving out something to a child or somebody to appreciate a good deed.Giving a smile, a hug or verbally appreciating a person will uplift one's self-esteem. Rewards should be given in a very specific manner. Like if a child aces a test he/she will be able to choose the toy he/she will buy, on the other hand, if he/she gets a grade higher than the previous test he/she will get a toy but he/she does not have the privilage to choose. In response to the given situation, negative reinforcement have done well on the case of the dog as well as to the son. Negative reinforcement had changed behavior in the case of the two examples.As to my opinion, positive and negative reinforcement are both good strategies in redefining behavior, depending on the situation and the reaction of the person towards the strategies. A very good outcome of these strategies is the motivation. Motivation helps people to do things with enthusiasm, vigor and with a clear path towards the goal. With positive reinforcement, motivation becomes clear because upon completion of a task or change in certain bad behavior, there will be a clear and specific reward waiting.With negative behavior, some aspects like emotions can be affected because of the consequence of a certain misbehavior, like a child will be hurt if his/her allowance will have deductions, but the outcome of the strategy will bring forth a much better behavior due to the urge to get back what was lost. However, positive and negative reinforcement should be used side by side. Giving and taking will bring a better motivation to a person. And of course, communication should back up any reinforcements used.

Teaching Beginning Esl Students

Teaching Beginning Students Teaching students is not as easy as it may seem. Teaching beginning students is no walk in the park either. There is more to teaching than going by the book. It might seem like common sense, but there are more important aspects of teaching. The term ‘beginner’ tends to strike fear into the hearts of inexperienced teachers. The teacher needs to distinguish what kind of beginner the student falls into. For example, there is the absolute beginner (no English), fake beginner (exposed to a little English), adult and young beginners, and a beginner without Roman alphabet.Remember to take into account that a student can fall into more than one of the categories mentioned. There are various methodology and techniques for teaching beginners which require special skills and psychology. For example, the teacher needs to be aware of the students needs with a clear and realistic aim. Do not try to do too much. Remember to adapt to the situation, and to be as visual as possible. Use of gestures and visual aids adds interest and reduce the need for further verbal explanation.Pacing the lesson with frequent group or pair activities along with a lot of homework is effective when teaching beginners. The teacher can also face some problems when teaching beginners. Like how to help a student who is falling behind the others, or getting through a lesson sooner than expected, and students who seem not to be interested in learning English at all. These are all hypothetical situations, but all teachers are bound to come across a situation like this sooner or later. I was reluctant at first, but I have come across these situations.When I had students who were shy or nervous in class, I solved the situation by pairing the student with someone who is more active and talkative. I believe it helps motivate the weaker student and builds rapport. If I get through a lesson sooner than expected then I would re-review the lesson taught and maybe do a qui ck activity from the top of my head. If a student just do not seem motivated or interested in learning English I would ask the student some questions with an answer the student would know and give compliments to boost his self steem. With this I would hope to increase his interest in learning English. Also, remember to stay calm. Just because something unexpected has happened during a lesson does not mean that it is the end of the world. From my experience, the activity that is going to be used is very important in getting your lesson through to the students. Remember, it is not how you start, but how you finish. I have had classes that started slow in the beginning and ended well in the end and vise versa.From the feedbacks from one of my students, she said, â€Å"I like it better when we have fun towards the end of the class. † The student said that leaving the class in a high spirited and enthusiastic feeling made her anticipate for the next session. When I say activities, I do not mean a simple crossword or a word jumble worksheet. The teacher needs to take the next step and put some creativity into the activity so the students will appreciate the effort that has been put into it.There are various other activities like Pictionary, Mime activity, Role playing a certain scenario, etc. Teaching beginners requires effort from the teacher as well as the student for the lesson to be effective. So remember the technique and methods for teaching, problems that may arise from teaching, and activities that can be used to increase the interest of the lesson. ——————————————– [ 2 ]. ITTT, Unit 19 Teaching special groups, pg1. [ 3 ]. Chelsea Lee, oral interview, 14 February 2013, student’s home in Seoul, Korea.

THE TEMPEST AND TWO SUPPLEMENTARY TEXTS

THE TEMPEST AND TWO SUPPLEMENTARY TEXTS "The journey not the arrival matters."The above statement: "the journey not the arrival matters," holds very little credibility. This can be seen by the examination of 3 texts, all of different medium that portray similar, yet differently expressed ideas about the imaginative journey. The play: The Tempest (1623), by William Shakespeare will be shown to argue that the ultimate result for the real world is the most important issue, yet cannot be arrived at without the presence of an imaginative journey. The picture book Where the Wild Things Are by author Maurice Sendak will be shown to explore the ultimate effects for the real world, and hence the destination as the most important aspect, however again, the imaginative journey is essential to the ultimate arrival of the journey in the text. The final assertion of the importance of the arrival can be seen in Coleridge's Poem This Lime Tree Bower My prison where a message will be clearly learned as a result of the imaginative journey, hence affirming the importance of the journey's arrival.List of titles of works based on Shakespearean phr...All the texts have catalysts, journey processes and results, most often in the form of learning, and since these journeys cause a change in their protagonists when they return from their imaginative journey, it accentuates the importance of both the journey and subsequently, the arrival. Each text from different periods in time will support the 'contradictory statement' that "the journey and the arrival matter"The Tempest is a Renaissance play that explores the artificial construct of an island as a place of magic and imagination, yet despite the centrality of imagination to the play, its ultimate concern is for the effects of in the arrival in the real world. This can be seen with the harpy banquet scene, whereby the phantasm of the harpies as an illusionary...

Hesss Law Definition - Chemistry Glossary

Hesss Law Definition - Chemistry Glossary Hesss law states that the energy change in an overall chemical reaction is equal to the sum of the energy changes in the individual reactions comprising it. In other words, the enthalpy change of a chemical reaction (the heat of reaction at constant pressure) does not depend on the pathway between the initial and final states. The law is a variation of the first law of thermodynamics and conservation of energy. Importance of Hesss Law Because Hesss law holds true, its possible to break a chemical reaction into multiple steps and use the standard enthalpies of formation to find the overall energy of a chemical reaction. Standard enthalpy tables are compiled from empirical data, usually acquired using calorimetry. Using these tables, its possible to calculate whether or not a more complex reaction is thermodynamically favorable or not. Applications of Hesss Law In addition to calculating the enthalpy of a reaction rather than directly measuring it, Hesss law is used to: Find electron affinities based on theoretical lattice energy.Calculate heat change of phase transitions.Calculate heat change when a substance changes allotropes.Find the heat of formation of an unstable intermediate in a reaction.Find the lattice energy of ionic compounds. Sources Chakrabarty, D.K. (2001). An Introduction to Physical Chemistry. Mumbai: Alpha Science. pp. 34–37. ISBN 1-84265-059-9.Leicester, Henry M. (1951). Germain Henri Hess and the Foundations of Thermochemistry. The Journal of Chemical Education. 28 (11): 581–583. doi:10.1021/ed028p581

Websites Essay Example | Topics and Well Written Essays - 250 words

Websites - Essay Example connects users throughout the world by providing them with various applications and social communication services through their accounts or profiles. The content of this site has been rated lowly because the postings of its users include unreliable information. However the site has gained popularity among the online social networks because of its ease of use and cost free (Weimann 47). The site has a high quality of design with menus and icons which makes the user to access various services free of charge. The website has a search functionality which makes its users to search for friends and group with whom social communication is made possible. The functionality of the links within the Facebook makes the site to be the most reliable social networking site in the world (Beer 19). The Google website is classified as a search engine but it also offers electronic mail services through Gmail and social networking through Google Buzz (Poduwal and Kamya 1). This website is classified as the most successful search engine in the world because it connects users to a wide variety of online content both form authoritative and unreliable sources. The website is reliable in the display of results to the user upon request and it is user friendly with icons and menus which make it easy to use. However Google has been faced with confidentiality issues and especially in its electronic mail service because the private user information is vulnerable to exposure to a third party (Beer 21). YouTube is classified as the most popular video sharing network in the world. It provides users with the functionality of posting various videos which are accessible to the online communities throughout the world. The website enables the users to access video content of various formats (Weimann 52). The website has a reliable speed which allows life streaming of various video and audio clips. However the video technology applied by the YouTube website may be complicated for a novice user, the

Marketing story analysis Essay Example | Topics and Well Written Essays - 1000 words

Marketing story analysis - Essay Example The story under analysis is â€Å"When marketers capture the moment† by David Benady. It was posted in the Guardian on 13th November 203. This piece explains the impact of real time marketing. The author argues that consumers today are more demanding from advertisers. They require witty but relevant messages, which must be delivered in real time. Companies like BMW, biscuit maker, Oreo and Betfair have used this strategy to capture new markets. These businesses have revolutionised consumer reach through social media. Nonetheless, one must invest considerable resources to achieve any clout. Literature review Consumer behaviour The consumer decision model is quite useful in explaining consumer behaviour. Blackwell (2001) explains that consumers often engage in a seven-step decision process. First, they recognize their needs, search for information, evaluate alternatives, buy, reflect upon their purchase and divest. Sometimes stimuli could alter this process. The stimuli may be internal or external. International influences include the knowledge, resources, personality or attitudes of the buyer. External influences involve social class, family, culture or certain situations. In this regard, consumers are active thinkers and planners. Erasmus (2001) disagrees with the above writers by stating that consumer behaviour is not always rational. Sometimes individuals may behave in a non conscious manner. Consumer behaviour is sometimes opportunistic and even disorderly. Using rational approaches may discount the relevance of emotions and other dynamics. 7 Ps The 7Ps marketing mix is a conceptual framework in which key decision makers configure their offerings in order to mach customer needs (Andersson, 1992). Palmer (2004) explains that the tools are useful in short term tactics as well as long term strategies (Chaffey et. al., 2000). Moller (2006) likens the elements of the marketing mix to ingredients of a cake. Their proportions can be changed in order to prepare the perfect cake (Patterson and Ward, 2000). The marketing manager must attempt to trade off benefits of one concept with gains from the other (Peattie, 1997). A company’s marketing philosophy comes from its allocation of resources within the 7Ps (Egan, 2001). This approach separates marketing from the rest of the organisation and allows for delegation of marketing duties to specialities (Ingram et. al., 2007). Some authors disagree with the above sentiments by explaining that not all parts of the 7Ps need to be given equal attention; certain aspects are more cri tical than others (Stratten, 2010). Furthermore, most companies regard product as a distinct component (Jobber, 2010). However, some companies sell a series of products, each of which is connected to the other in the mind of the consumer (Pride and Ferrell, 2010). When implementing the marketing mix, one may consider marketing as culture, as a strategy, or as a tactic (Rafiq and Ahmed, 1995). Communications mix The 4Cs are a fundamental framework used to explain how companies select marketing communications. Scholars posit that this could be done on the basis of control, costs, credibility and communications (Gilliland and Johnston, 1997). If an organization feels that it needs to control message delivery, then it may opt for personal communication mixes (Balmer and Gray, 2003). The financial resources that a company has may affect its ability to exert leverage over the third party that is transmitting the message (Mohr and Nevin, 1990). Credibility in communications is often ascert ained through a third party that seems objective in order to distract consumers away from the actual intention of selling (Houston and Gassenheimer, 1987; Houston and Gassenheimer, 1987). Finally, the geographic dispersion of the target audience will determine how effectively the message reaches its audience (Stern and El-Ansary, 1995). Analysis In the case under analysis, the author feels that consumers in social media have raised their expectations concerning consumer brands