Article 6 of the European Courts of Human Rights

â€Å"The common law always contained due process principles. Article 6 of ECHR merely provides a new way of thinking about them as human rights. † Discuss.. Article 6 of the ECHR builds up a body of principles that relate to fair trial rights in regular courts. Nevertheless, an essential question which applies to both special tribunals and courts still remains whether they operate with sufficient fair trial guarantees. The term ‘due process’ refers to the legal obligation that a state must respect and provide all of the legal rights that are owed to a person.Due process balances the power of law of the land and protects the individuals from it. For example, when a government harms a person without following the exact course of the law, this constitutes a due process violation. The common law is a law developed by judges through decisions of courts and similar tribunals as opposed to statutes adopted through the legislative process issued by the executive bench. I t does contain due process principles as well as other basic human rights but it is to a certain degree. The European Court of Human Right which is located in Strasburg was established by the European Conventions on Human rights.It hears complaints that one of the 47 member state has violated the human rights written in the convention and its rules. Complaints can be brought by an individual or other contracting state and the court can also issue advisory opinion. Article 6 of the European Courts of Human Rights focuses basically on the right to a fair trial. Section 1 of the Article states that â€Å"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or nat ional security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.. † The Section 2 of the same act states that â€Å"Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.Section 3 explains further that â€Å"Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him. (b) to have adequate time and facilities for the preparation of his defence. (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require. d) to examine or h ave examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. † The reaction of the common law courts to the European Court of Human Right is seen in the response of two very important cases of H v. Belgium and James v. UK. In H v. Belgium [1987] H was a Belgian citizen who had been struck off the roll of the Antwerp Bar.H has tried unsuccessfully to be reinstated. The court held that there has been a breach of Article 6 by the tribunal that had considered H’s re-admission. The court’s reasoning was based on 2 grounds: firstly, there was no right to challenge the tribunal’s decision. And secondly, the decision was not adequately reasoned. In James v. United Kingdom [1986] the applicants were the trustees of the Duke of Westminster. The estate contained certain properties that had been let to tenants.The tenants had made use of the Leasehold Reform Act 1967 to buy the properties from the estate. The trustees complained that both the compulsory transfer and the prices received for the properties amounted to a breach of, inter alia, their Article 6 rights. The courts held that there had been no breach. The courts argued that: (a)Article 6 does not require that there be a national court with competence to invalidate or override national law. It does not guarantee any particular content for ‘civil rights and obligations’ on the substantive law of contracting states. b)In so far as the applicants considered that there was non-compliance with the leasehold reform legislation they had unimpeded access to a tribunal competent to determine the issue.In cases which determine civil rights and in criminal cases, it protects the right to a public hearing in front of an independent and impartial tribunal within reasonable time, the presumption of innocence and the other minimum rights for those charges in a criminal case such as: adequate time and facilities to prepare their defense, access o legal representation, right to examine witnessed against them to have them examined, right to the free assistance of an interpreter. Mainly most of the Convention violations that the courts find are excessive delays, in the violation of the â€Å"reasonable time† requirement. Another significant set of violations concerns the â€Å"confrontational clause† of Article 6 which protects the right to examine witnessed or have them examined. In this aspect, problems of compliance with Article 6 may arise when national laws allow the use in evidence of the testimonies of absent, anonymous and vulnerable witnesses.The response of the English courts to the Article 6 of ECHR was seen in the case of Fayed v. United Kingdom [1994] where the court argued that, â€Å"A fair balance had to be struck between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights. It’s not always easy to trace the dividing line between procedural and substantive limitations of a given entitlement of a domestic law. And in the case of Osman v United Kingdom [2000] allegations were raised about the alleged failure of the police to protect right to life and lawfulness of restrictions on right of access to a court. The appellants argued that thru k government had deprived them of a right of action in negligence against the police. The ECHR found that the appellants had been deprived of the right of access to the court. The ECHR went on to argue that Article 6(1) embodies the ‘right to a court’, of which the right of access, or the right to institute proceedings before a court in civil matters.The Article 6 of the ECHR is merely provided for thinking deeply about the rights to a fair trial more seriously as it could be ea sily breached by the courts. If it had been kept as a common law, the full rights of the individuals to an independent and impartial tribunal would have been not granted. And as a result of that, many individuals who have been accused of a crime would have been falsely imprisoned on the basis of not enough representation or unjust representation.

Alabama Air Case

1. State any business problem that the enterprise needs to resolve: Darden Restaurants needs to manage a supply-chain of highly perishable items such as seafood, over 35 countries, while managing costs and product quality. Furthermore, the company needs to ensure a strict protocol of inspection and quality assurance throughout the supply chain. 2. Briefly summarize relevant background information from the case. Darden restaurant owns popular brands such Olive Garden and Red Lobster, comprising of 1400 restaurants in the US. These are 300 million meals served annually with purchases from 35 ountries. The average shelf life of the food item is 4 days and temperature of 34 degrees must be ensured at each step of the way. 3. Describe how the enterprise dealt with its issues and their relevance The airline executives have decided to use Statistical Process Control tools to measure the airlines on-time performance and to guage how it is doing in relation to the rest of the airline industry. The Data: WeekLate FlightsFraction Late 120. 02 240. 04 3100. 1 440. 04 510. 01 610. 01 7130. 13 890. 09 9110. 11 1000 1130. 03 1240. 04 1320. 02 1420. 02 1580. 08 620. 02 1730. 03 1870. 07 1930. 03 2020. 02 2130. 03 2270. 07 2340. 04 2430. 03 2520. 02 2620. 02 2700 2810. 01 2930. 03 3040. 04 120 4. Using a 95% confidence level plot the overall percentage of late flights p, and the upper and lower control limits. p =Total Number of errors Total Number of Sample p=120=0. 04 (100)*(30) sigma=SQRT(((. 04)*(1-. 04))/100) sigma=0. 02 UCL=p + 2*. 02=0. 08 LCL=p – 2*. 02=0 Using 95% Confidence leve l (z=2), we plot a control chart for the fraction of late flights for ezch week. We also superimpose the industry upper and ower control limits of . 1 and . 04 repectively: The Fraction of flights late on Week 3, 7, 8 and 9 fall above the UCL of . 08 for Alabama Air. For each of these weeks management needs to get detailed data on what the problems were with the flights that were late. The fact that 3 out of the 4 weeks where the process was out of bounds were consecutive point to non-random causes for the issue. Management can conclude that they are doing better than the industry averages since the industry industry control limits are higher than the Alabama Air ones.

Difference between Social Anxiety Disorder and Shyness Research Paper

Difference between Social Anxiety Disorder and Shyness - Research Paper Example This fear results in the inability of persons suffering from the condition to function normally in social situations. Social anxiety disorder is the most common mental condition around the world and it is estimated that at least twelve percent of the world’s population of children suffer from the condition which develops into their adulthood (Bandelow, Dan & Stein 2004). Social anxiety disorder is normally categorized into two; that is general and specific. The social anxiety disorder that is generalized is normally characterized by the intense fear of someone being humiliated or embarrassed by their actions and fear of being judged by those surrounding them. Specialized social anxiety disorder is where someone is chronically afraid of specific situations. Social anxiety disorder symptoms appear at an early stage in life. For instance, it is estimated that at least eighty percent of people suffering from the disease usually start experiencing symptoms by the time they attain t he age of 20 years (Bandelow, Dan & Stein, 2004). Symptoms associated with the social anxiety disorder are categories into three categories which are behavioral aspects, physiological aspects, and cognitive aspects. Cognitive symptoms of the disorder are where someone has the fear of how they will be presented to others. Symptoms include high self-attention during any social activity and being self-conscious. Most people who suffer from the disease also set performance standards that are too high for themselves. Behavioral aspects of the social anxiety disorder include fearing to be judged by others the society, feeling humiliated or embarrassed after saying something, being uncomfortable in meeting and interacting with people and being distant when with a large group of people among others. Physiological symptoms include shaking, sweating, difficulty in breathing, palpitations, and nausea especially when in crowds and meeting new people. Shyness is a feeling of awkwardness, lack of comfort and apprehension experienced by a person when in close contact with people especially new people. Shyness is considered a feeling or a personality trait and not a medical condition (Antony, 2010). There are various misconceptions that are associated with shyness. One such common attribution is that shy people normally have high intelligence. This is entirely wrong since research has proven that there is no relation to both negative and positive between shyness and intelligence. Shyness is most common in children and normally progresses into adulthood if it is not dealt with. In different cultures, shyness is perceived differently depending on the values imposed in the cultures. For example, in some cultures, shy people are often assumed to be weak while in other cultures shyness is usually associated with intelligence and thoughtfulness. There are various reasons why people experience shyness. Genetics greatly influence shyness where the traits are found among family member s or relatives. Shyness also results from a learned behavior where a person emulates the behavior of their role model which is common in adults (Antony, 2010). Family relationships also result in shyness, especially where children are not emotionally attached to their parents.  

The mission of Arabian Gulf cooperation council Essay

The mission of Arabian Gulf cooperation council - Essay Example In the modern world, there has been a lean on formation of trade blocks. Many countries in the world have come together to form trading blocks which acts as a platform for negotiation on matters concerning trade.In Europe there it the EU,in America there is NAFTA,in Latin America there is the MERCOSUR,and in the Middle East there is the AGCC.The Arabian Gulf Cooperation Council is the economic and political forum that coordinates policy making for at least six member states including the states of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Individual countries have found it difficult to air their voices in the world on matters concerning trade and trade blocks have been found to be more influential in making trade agreements.This council was crated in May 19981 with an objective of coordinating, integrating and interconnecting the member states to work together in all fields. It was also formed with an intention of strengthening the ties between the memb er states and their people, formulating and regulating rules and regulating in economic fields. In this mandate the council was formed with an aim of putting in place regulation on economy, finance, trade, customs, tourism, legislation, administration, research and development, mining, agriculture, water and animal resources, and coordinating scientific research centers with the input of the private sector. The council does not impose trade policies upon its member states but each state put in place its own trade laws. Of recent past there is growing need for the member states to cooperate with each other on matters concerning customs duties, intellectual property, and setting of standards and coordination of intra states investments. Under the guidance of the AGCC, member states have implemented a customs union since 2003 which seeks to unify tariffs among the member states. This means at the member states have adopted some common customs laws and procedures in the trade. It also s hows that the member states have adopted a single point of entry in the region fro all international trade. It also seeks to move toward treatment of goods as national origin for member states within the GCC. This means that they would have same origin as a member block rather than indicating the origin of goods to be a particular country. After arriving at an agreement for a common market, the council is now moving towards establishing a monetary union. The country is expected to come up with a monetary union by 2010. In coming up with a common monetary union, the council expects that the economy of the region will improve and at the same time there will be increased trade with the outside world. The council has been representing the member state making trade agreements with other trade block in the world like the EU and others. It has been negotiating for free and fair trade agreements with other trade block. In particular, the council has been negotiating with the EU on harmonizing the trade between the two states with the understanding that Gulf region is home to more than 38% of the world crude reserves. (EU External Relations, 2007) The proposed work by the council One of the most important works that has been accomplished by the council is setting up of a common market. The common was launched on January 2008 and is expected to increase the trade among the countries by 25 percent by 2010 from the current 10 percent for all the foreign trade. With a combined economy of more than 700 billion US dollars, this market is expected to attract other international traders into the region. One of the proposed works by the council is the achievement of a common currency by 2010. This is expected to stir trade in the region and bring about equality among the market members. The common market aims at achieving not only free movement of goods in the region but also movement of labor and capital. Free movement of labor will even involve the right for individuals to work in

Attributes of an Effective Teacher Essay Example | Topics and Well Written Essays - 1000 words

Attributes of an Effective Teacher - Essay Example As opposed to the traditional perception that the duty of the teacher is to "stuff" students with knowledge, I agree with the Socratic philosophy that learning should be elicited from the students. The understanding that students are imbued with the innate capability to reason and indeed the capacity to learn by the constant utilization of this rational skill should be the first attribute of an effective teacher. I believe that a teacher should recognize this innate skill of the student because it will change the approach that he uses in teaching. Ever since I started to become a private tutor, I have always believed in the capacity of the mind of the student under my tutelage. Thus, instead of just spoon-feeding them and "stuffing" them with facts and information, I tried to sharpen their ability to reason by asking questions as we go along the lessons. Instead of directly explaining forward what happens during a physical change, I challenged them by describing what happens when ice turns into water. This approach enables them to participate more in the lesson and made them better scientists. I have been using this approach ever since and I am confident that I will be remembered as the tutor who did not only passed on knowledge but draw them out of the students. In effect, I significantly enhanced the rational ability of all the students who were under my tutelage. The second trait of an effective teacher is his possession of adequate knowledge coupled with mastery of his field. This follows with the logical argument that a person can never pass on what he does not have. It should be noted that what the student learn is limited with the amount of knowledge that the teacher posses. In the maximum, he can only be as good as the teacher and this makes it imperative for a teacher to equip himself with all the knowledge in his field possible. The basic requirement for a French as a second language teacher is the fluency and mastery of the French language. Having born and grown in Algeria, French has been my mother tongue and Arabic is my second language. Thus, I am more than fluent in French and more importantly, I am very much confident in English language skills which will also enable me to teach French efficiently to English speaking students. During my travels as a flight attendant, I have used both French and English in conversing with passeng ers. A teacher's knowledge is futile without the good communication skill to impart this to his students. I believe that knowing is different from communicating what you know. There are a lot of people who are gifted with knowledge but are unable to communicate them well. Thankfully, I am blessed with both abilities. Having worked as a bilingual client representative, I am tasked to communicate with customers through all their account situations imparting my knowledge as well as the service that they deserve. This has not been easy as I know that I was not just communicating facts but is representing the company with these dealings. However, my good communication skills helped the company to address customer concerns and retain major customers. Flexibility defines the commitment, dedication, and sincerity which a teacher puts in his profession.

HR google case study Essay Example | Topics and Well Written Essays - 3000 words

HR google case study - Essay Example In human resource management studies theories do not match exactly with the observations of the reality. These divergences between the reality and the theory are described by the largely by the chaos theory. Almost all business houses use this theory to manage their internal human resources. But some of them apply their own understanding of the theory and management system. Google is one of those business houses which are more concerned about applying their own style of chaos management. This paper tries to evaluate Google’s chaos management style and its advantages and disadvantages and also tries to judge whether this strategy can be sustainably used in the future. Importance of chaos management style: Chaos management style is not a new concept. In 1988 Tom Peter, in his book Thriving on Chaos: Handbook for a Management Revolution, has shown the importance of the theory in management theories. During this era most of the businesses and managers were in the same line regardi ng their view on chaos in the management. They have argued that chaos needs to be avoided at any cost. Chaos in the management system was one of the most hated concepts by the managers and businesses. But once managers have realised that they have to survive in the new, fast-growing world they have to learn more about the theory and to apply it in the context of their businesses. With the disappearance of the ordered working class, electrical type writers and mailing posts the need for understanding and need to apply the theory in favour of the growth of businesses started to rise. In this regard the company that has learnt used the theory was Goolge. The company has used the theory at large in their human resource management strategies and has increased its profits and revenues to great extent (Googling out of control: Can Google’s chaos management style ensure continuing success?, 2007, p.25). Brief history of Google: Larry Page and Sergey Brin, two graduate students at Sta nford University in California, developed Google as a search engine as part of their graduate research project. In 1996 Google was first introduced as a search engine in Stanford University’s internal wed sites. From 1998 it became the complete commercial company. After its foundation it became the largest search engine company in the world. Google and chaos management system: Google is a prominent example of the company that has used chaos and has succeeded to earn profits from it. With the advent of use of new technologies in the businesses the need for the theory increased at a large scale. While traditional businesses were more concerned about manufacture, sale and distribute goods and services, modern businesses use technologies at large scales and their companies cover large areas of businesses. Hence, the need for understanding and using the theory is more for them. Rapid uses of Internet, cell phones, fax, photocopies have made all these businesses to apply the theory . Hence, people started to use the theory in different internal and external structures of their business organisations. Google understands this fact and starts to apply the theory in its human resource management section and have gained large benefits. The chaos management system is one of the most important ways to handle the modern working environment â€Å"where information ‘‘storms’’ can create information overload†

Allegories as intented in the morality plays Essay

Allegories as intented in the morality plays - Essay Example For others, the term goes much deeper, to include characters, props, space and even time. Confronted with many perspectives, it is important, as a starting point, to pose one guiding definition of what this paper means by the notion of allegory. According to the Columbia Encyclopedia, an allegory serves as a â€Å"disguised representation for meanings other than those indicated on the surface.† The allegory is indeed a figure of speech by which meaning can be produced and, as it has to be sought beyond the actual appearance of things, it requires, according to its level of subtleties, an active mental involvement on the part of its pursuer. On a first surface level, the allegory is concerned with a narrative and the forms assumed by this latter. Independently of the type of narrative involved in the story, may it be prose, verse, drama or simply oral speech, the commonest type of allegory pertains to the storyline. The author narrates his/her events in a certain fashion and he/she orders them according to his/her inclinations. The careful selection of words or a deliberate misuse of them taints the story with a certain atmosphere. Identifiable themes emerge according to sections or passages, and these emerging themes are often played out and interwoven among themselves. They offer a plus-value to a narrative plot for they grant it with alternative meanings and interpretations. Not only is the narrative embellished by this process, but most importantly it acquires new significance and depth. By this rhetorical means, a drama may well contain traits belonging to a slapstick comedy or vice-versa a jolly light-hearted come dy may indeed reveal itself to be tragic and dreadful. As mentioned above, the delimitations of themes as well as their intrinsic refinements are seldom made explicit and often call for the reader’s own expertise and undeniably his/her willingness in finding

STRATEGIC PLANNING PROCESS Essay Example | Topics and Well Written Essays - 3250 words

STRATEGIC PLANNING PROCESS - Essay Example Basically, the acronym SWOT stands for strengths (S), weaknesses (W) which are internal factors while on the other hand the external environmental factors are regarded as either opportunities (O) or threats (T). SWOT analysis is based on the assumption that an effective strategy derives from a good fit between an organisation’s resource capabilities and its external situation (Thompson & Strickland 2001 as cited in Rossouw & Kruger 2003:17). In this case, a good fit will mean that the weaknesses of an organisation and the threats of the environment are minimised while the organisation makes the best of the strengths within it and the opportunities in the environment. The major strength for Etihad Airways is that it has skilled employees who come from diverse cultural backgrounds. It is imperative that the organisation should harness on this strength since it is concerned with expanding its operations to different geographical locations. Employees with a diverse cultural background can positively respond to the needs and interests of those who also hail from different parts of the globe where they also have their own cultural values. The other strength is that Etihad has got an already established market especially in the United Arab Emirates and this gives it a competitive advantage in that it only seeks to strengthen its operations from an already established market. Penetrating new markets will not be that challenging given that this is an established entity in the airline industry. However, noble as the idea of expansion may sound, the main weakness confronting Etihad Airways is that it often does not have enough working capital to meet its requirements. In order to avoid the competitors to gain an advantage, Etihad ought to improve on creating enough capital in order to sustain its initiative to expand its operations. New planes would need to be bought so as to effectively increase route utility which is

U.S.Involvement in the Vietnam War and the Effects Today Essay

U.S.Involvement in the Vietnam War and the Effects Today - Essay Example U.S. involvement in the Vietnam War got initial support from the Vietnam government, but later, the government opposed the involvement of United States in the war. Demonstrations opposing the United States involvement in the Vietnam War began in 1964 up to 1970. When John F Kennedy appeared in office, for his first year, he drafted a plan, which clearly depicted the chief objective of U.S. involvement in the Vietnam War. The main objective of the involvement was to prevent domination of communists in South Vietnam; in order to create a viable, democratic society (Hall 8). The United States aimed at achieving this objective through military, economic, and political support. The United States also wanted to spread their capitalist ideologies. There were different reasons for opposing the U.S. involvement in the Vietnam War. One of the reasons was opposition to the draft. The draft threatened low and middle class registrants (Hall 12). Those opposing the draft argued that the draft did not represent them fairly. Apart from the opposition of the draft, protestors made moral influence against U.S. involvement in Vietnam War. The moral argument was mostly opinions of American college students. The students opposed the U.S. involvement and termed it as immoral due to the number of civilian deaths, encountered in the war. Another opposing element against U.S. involvement was that the threat of communism by the United States was not legally justifiable. The U.S. withdrew its military in August 1973. In the Vietnam War, I learnt that, involvement of the United States in the war was opposed by the Vietnam government and some Americans. The chief reason for opposing the U.S. involvement in the war was due to the effects that the war left (Kissinger 32). There was immense loss of life; involving American troops, Vietnam soldiers and Vietnam civilians. This led to a high number of casualties. It is estimated that 58,148 were killed in Vietnam; 75,000 disabled

Higher education Essay Example | Topics and Well Written Essays - 750 words - 2

Higher education - Essay Example I agree that too many people are participating in colleges. There are several opportunities apart from going to college, and they are all viable. There are so many people going to college, and the most interesting thing is that there is a high rate of drop out compared to those graduating. The graduation rate is low as described by Murray in his article. It is evidential that there are six months certificates, which are flexible as compared to four years, stay in college. In addition, most of the students spend up to six years in college; they could have invested the time in more viable ventures. Not all people that go to the college become successful. At the same time, too many people are joining the colleges leading the current education system into shamble (Murray 225). According to statistics, from the financial institutions, the competence of the financial students is wanting. Most of the people have tried to be fit and conform to the social norms of the society. No one is bound to fit into the social norm of the society, in fact, they must use creative and critical thinking does decide if to join the college or to become an electrician. The fact that too many people are going to college does not affect or influence an individual’s decision of joining the college. Joining the college must not me a communal decision but a personal decision (Murray 230). It is important to note that, not everyone who can make it through to college. Most of the skills must be learned in the alimentary and middle school. Murray describes the education system as a failing strategy. Most of the people in the society believe that everyone in the society must have a bachelor’s degree to be considered in the job market. People must do what they are good at and not what the society tells them to do. Money is not the reason for joining the college but getting a

Financial Markets Assignment Essay Example for Free

Financial Markets Assignment Essay Explain how interest rates decline following major Fed purchases of mortgage-backed securities. The FED implements quantitative easing by buying financial assets of longer maturity, e. g. , mortgage-backed securities, from commercial banks and other private institutions in order to inject a pre-determined quantity of money into the economy. This is a means of stimulating the economy and lowering longer-term interest rates further out on the yield curve; quantitative easing increases the excess reserves of the banks, and raises the prices of the financial assets bought, which lowers their yield. Graphically, this can be explained with the aid of Figure below. The supply of money is shifted from point 1 to the right (MS1 to MS2) and, all else equal, the new equilibrium point (with aggregate money demand curve) is at point 2, where the interest rate is lower. i i1 i2 AD1 MS1 MS2 Quantity of Money 2. What could be the implications of lower interest rates for households and businesses? By implanting the policy of purchasing mortgage-backed securities, the FED has set its sight on increasing consumption and investment, which will ultimately increase employment. As described in question one Bernanke’s policy decreased interest rates to new record lows, encouraging borrowing for both businesses and households. The ability to borrow money at more attractive rates stimulates investment in durable consumer goods, such as automobiles, and in operational necessities such as buildings and capital equipment for businesses. Indeed, after the implementation of the policy mortgage applications increased significantly. Because of low interest rates households and businesses as investors could shift their preference away from bonds and into stocks. According to frbsf. org, the increase in stock trading volume has the effect of raising the value of existing stock portfolios, which in turn stimulates consumer and spending across the country due to the psychological effects of rapid capital appreciation. Lower interest rates can have negative effects on the value of the local currency compared to other currencies. As foreign investors dump their local-denominated investments in favor of more profitable currencies, exchange rates can shift to the detriment of the local currency. The weakening of the local currency serves to increase the attractiveness of local goods to foreign purchasers, which has the effect of boosting exports and international sales. All of the factors mentioned above have the combined effect of increasing productive output, or GDP, and increasing employment across a wide range of industries. As individuals, businesses and foreign investors are encouraged to spend more due to increased access to capital, higher portfolio valuations and weaker currency values, businesses in nearly every sector experience an increase in sales, often requiring them to grow their operations and employ additional labor. However, there are some negative implications from this policy. Without a strong commitment to control inflation over the long run, the risk of higher inflation is one potential implication of experiencing real interest rates below the economy’s natural interest rate. Low interest rates provide a powerful incentive to spend rather than save. In the short term, this may not matter much, but over a longer period, low interest rates penalize savers and those who rely heavily on interest income. If short-term interest rates are low relatively to long-term rates, households and firms may overinvest in long-term assets, such as Treasury securities. If interest rates rise unexpectedly, the value of those assets will fall (bond prices and yields move in opposite directions), exposing investors to substantial losses. Finally, low short-term interest rates reduce the profitability of money market funds, which are key providers of short-term credit for many (large) firms, e. g. the commercial paper market. 3. Explain the Fed’s policy dilemma and try to rationalize why unemployment in the US is stubbornly high while inflation is low. Based on the theory of the Philip’s curve diagram we notice that there is an inverse relationship between inflation and unemployment. Stated simply the lower the unemployment in an economy the higher the rate of inflation. Philip’s Curve Inflation Unemployment The explanation of the inverse relationship between inflation and unemployment is based on two assumptions. The first has to do with the fact that as unemployment rises there is no room for workers and labor unions to demand an increase so a wage inflation that would increase the prices of the final products cannot occur. Secondly high unemployment is a reflection of the decline in economic output and indicates an economy’s slowdown. Therefore competition among firms in recession will lead the prices at lower levels. But this is not the case currently in the US since we observe high unemployment and low inflation. The FED is concerned about the unemployment rate and in an effort to stimulate the economy and improve the labor market conditions it started implementing the quantitative easing policy. So the FED purchased MBS, helped banks to rebuilt their balance sheets, contributed into maintaining price stability, preserved interest rates near zero for more than three years, and prevented the economy from slipping into greater recession. Despite all these efforts the situation in the labor market did not improve. Apparently the fact that unemployment is still very high depicts the limitations of the monetary policy. The low business confidence, policy uncertainty, and the government’s reluctance to act are beyond the FED’s capacity. What is more the infinite use of the quantitative easing may produce undesirable effects in the long run such as stagflation. The only optimal solution under these circumstances is the co ordination of the FED’s monetary policy with the government’s fiscal policy plan that could boost the society’s confidence. . Do you think that another round of quantitative easing (QE) by the Fed would help stimulate the US economy? Please explain. The FED declared that the use of QE will be aggressively continued until the economy is improved. The cash injections into the economy helped interest rates to remain at low levels. Consequently everyone wins from this decision in the short run; homeowners can borrow at historical low levels of inter est rate, corporations can also take advantage of this act and invest, consumption increased and also the banks increased their profits and the stocks record a growth. So as long as the QE is active in the short run everyone is a winner. But in the long run things become vague. First of all historical evidence shows that despite the fact that interest rates may be at levels near zero it remains uncertain whether this will be the incentive to boost the actual economy. Secondly the fact that consumers will have more money to spend but fewer goods to buy might lead to a hyper inflation. Furthermore by repeating the use of QE is very possible to lead to a liquidity trap, unless the economy finds ways to stimulate production. Last but not least the FED’s decision to inject cash into the economy by purchasing MBS is questionable; Mortgage backed securities entail the risk of defaulting once again as they did in the real estate crisis and that would cost the Americans a lot more money repeating the history that started back in the September of 2001. To sum up the use of QE is indeed very effective but only in the short run. Short periods of economic recession can be avoided by stimulating the economy temporarily through cash injections but to maintain growth on the real economy we need to improve labor market conditions, productivity, innovation and bolster the economy’s confidence. So a combination of fiscal and monetary policy is the only way to prevent an economy from collapsing, and also is this is the only way to avoid a possible systemic risk that will negatively affect all the institutions and individuals. . How is a loose Fed monetary policy in the US affecting fundamentals (such as inflation, asset and commodity prices) in other countries? What does that imply about global monetary policy? Since the dollar is the vehicle currency in the global economy almost every country is tied to its value and everyone is affected by the monetary decisions of the FED. By the QE, the supply of dollars is increased and consequently the dollar depreciates against foreign currencies. This means that America’s exports will increase and on the contrary the imports will decrease. So countries trading with the US fear about the capital inflows and the possible inflation on commodities. On the other hand the FED support that there can be no further inflation since the global economy is in recession. Moreover countries experiencing huge capital inflows resulting in inflation can implement fiscal policy, such as imposing taxes, in order to contain the effects of foreign capital inflows which push up local stock prices and the currency itself. Every country should focus on its own monetary policy adjusting it to the problems that may experience. For example the US chose to inject more money in the economy. The results of such a decision are low interest rates, more exports but always with the risk of inflation. On the other hand a country experiencing high inflation might limit the money supply, increasing the interest rates with the risk of experiencing a decline in exports.

Consider the View That Only Form Matters When Properly Appreciating Art Essay Example for Free

Consider the View That Only Form Matters When Properly Appreciating Art Essay Art appreciation is the understanding of the timeless qualities that characterise all great art, and personally i feel is a subjective matter; what I find aesthetically pleasing may not apply to everyone else. There are many reasons why we value art; because it informs us, because of its expressive quality, and because of its artistic quality. In this case, the latter is being discussed, that good art is good because of aesthetic enjoyment of form, the balance and structure and proportion. Its argued that content is not important, just the formal qualities make it good art, for example Jackson Pollock, his work is based on lines and colours and is valued very highly, therefore content is irellevant. However the view that art should be valued for its expressive qualities or catharsis as Aristotle called it; the emotional purging and cleansing. He believed people watched tragedies to make themselves emotional and upset but in a way happy, as they then have purged any negative emotion they had. If art was merely something that caused emotion it would be trivial, but the fact that art can convey something that is transcendent lies its value. However the argument that forms matters shows us that anything can trigger emotions such as pity or fear, without having to be art, but formal qualities are unique. Many people value art becuase it can inform us, we value it if it is true to nature or to life. Platos imitation theory applies here, that all artists are merely copying the form so it can not be good art, but all perceptual experience involves interpretation, so there is nothing to copy. Great historical paintings can give us visual knowledge of certain points in time, but limitations with this is that anything can inform us without being art, a book can inform us but isnt art. This ability to inform us is not what make sus appreciate it but the artistic qualities it holds; the forms, is what makes us appreciate it. But then there is the argument that form is not enough, by itself, to keep the auidence captured as beauty alone is not enough. That there has to be content to appreciate it such as a meaning, a story behind it, form lacks this ability. I personally believe that when appreciating art, form does matter. It makes a piece of art unique but i also belive that it solely matters, i appreciate its informative qualities and its expressive ones, so a good piece of artwork for me, should contain all three qualities.

Meaning, form and use: The past

Meaning, form and use: The past The role of grammar in English language teaching For many teachers, grammar plays a central role in their classroom methodology. However, in 1980s there was an anti-grammar movement which was influenced from the idea of Krashen that grammar can be acquired naturally from meaningful input and opportunity to interact in the classroom: in other words, the grammartical competence can be developed in a fluency-oriented environment without conscious focus on language forms. For Hymes, said that rules of use without which the ruled of grammar would be useless. Just as rules of syntax can control aspects of phonology, and just as rules of semantics perhaps control aspects of syntax, so rules of speech acts enter as a controlling factor for linguistic form as a whole ( Hymes 1972 : 278 ) From his suggestion, the grammar is one of the most important factors in language teaching and learning, especially it is the communicative element to communicative language ability. The components of communicative language ability are linguistic competence, pragmatic competence, discourse competence strategic competence and fluency. The linguistics competence is composed from a knowledge of spelling, pronunciation, vocabulary, grammatical structure and linguistic semantics. Meaning, form and use : The past Course description This course is involved the past tense which refers to the meaning of the tense, the form of the tense and the use of the tense. The learners must know the rules of the tense and can form the patterns of the tense and can use it correctly. The learners are able to apply the tense in the real situations. Content The past tense is divided into 3 categories which are: Past simple tense past continuous tense Past perfect tense Past perfect continuous tense The four types have their own forms, meanings and uses. Past Simple is used to indicate the actions which already happened in the past and finished at the specific time in the past. The actions might be long or short. And there are some kinds of rules should be remembered about this tense : regular verb , irregular verbs, questions and negative sentences. Past Continuous is used to describe the past actions in progress. Past Perfect is used to talk about the situations which begin in the past and continue to the period of time in the past and then finish at the time. The Model of teaching grammar: the PPP model There are 3 stages to teach grammar: presentation, practice and production. The first stage is presentation. These are some kinds of activities of teachers to apply in their teaching, for example, the teachers present new language in context so that meaning is clear. The teachers may present the new form in a natural spoken or written text so that students can see its use in discourse. Then, he/ she links the new form to what students already know. Next, he/ she checks comprehension. The teacher elicits the form from students where possible and exploit their existing knowledge. The second stage is practice. The teacher helps the students memorize the form and produce the word order. Then, he/she give intensive practice through repetition and provide opportunities for feedback and error correction. Next, the teacher develop confidence of the students. The last stage is production. The teacher reduces control and encourage students to find out what they can do. Then, the teacher encourage the students to use the forms in expressing their own content and teacher helps students see the usefulness of what they have learned and then to check what has been learned and diagnose problems. Example of the lesson plan This is a good example of the lesson plan which is a very interesting one and can help all language teacher to teach and try new way to teach grammar through narrative. Narratives in the Simple Past Teacher: Catherine Eslinger Class: Linguistics 577 Date of Explanation: October 14th, 1997 Proficiency Level: Beginning Age of Learners: High School Age and Above Objectives: Students will be able to compliment others past actions. Students will be able to describe actions in the past using the simple past tense. Students will be able to understand and recognize the simple past forms in a folktale. They will be able to supply some of these forms when asked. Materials Required: A simple folk tale, colored markers, 1117 paper, a personal photograph, photographs that students have brought from home. Warm up/Review: Model giving compliments in the present tense, which students have recently studied. Give several examples and write them on the board, such as I like your smile and I like the way you read aloud. Have students move around the room giving compliments to each other, following this model (in addition to listening to Students as they practice, give class members compliments). Presentation Practice Evaluation: Stop the fluid pair activity and model giving compliments that use the past tense: I appreciated the way you helped return papers to the class yesterday or I loved the food you cooked for our class party last week. Write these forms on the board, underlining the time expression. Write some of the compliments students gave each other that use the same verbs in the present tense. Underline the verbs. Have students induce the rule. Include auxiliaries in the past, particularly in question formation. Play Alibi. Have two students leave the room, pretending to be suspects of a crime. Model the types of questions students could ask of a suspect, writing some patterns on the board. One suspect returns when called and students ask questions about his or her whereabouts at the time of the crime. When they have exhausted the questioning possibilities, the first student again leaves the room and the second is asked the same questions to see if their alibis match. Pay attention to students use o f the past tense. Are they able to use it correctly? Note any irregular verbs for which students have overgeneralized the rule for putting in the past tense. Present patterns for types of irregular past tense verbs that students have used in Alibi. If students have used these and overgeneralized, present categories like feel-felt, steal-stole, bring-brought and begin-began. Preview Llama and the Great Flood by talking about legends and folk tales in other cultures, finding Peru on a map, etc. Read it aloud, leaving out regular and irregular verbs the students have just studied in the past tense. Ask them to supply those verbs. Cue them with the present tense of the verb. Listen to the students. Are they able to supply the correct form of the verb in the simple past tense? If other irregular forms have come up in the folktale, present these exceptions to the rule. Show students a personal photo of some interesting past event. Describe it using the simple past tense. Have the students write a short description of their own photo in the simple past. In pairs, they will share their description and photo with another class member. Contingency plan: If some students have forgotten photos, have them imagine the scene of a photo they have at home. Listen to the pairs practice. Are the students able to use the past tense fluently and accurately? Note any new irregular past tense forms that come up. If other irregular verb forms have come up in the descriptions of photos, present those exceptions to the rule. If not, I will not present any new material at this time. Although this activity provides more practice, it is primarily intended to evaluate students learning. Post six pieces of 11 x 17 paper around the room. Each page has a different sentence prompt on it. These include: When I was a child. . . , When I first started to learn English. . . , Last week. . . , After my last birthday . . . , Yesterday. . . , and This morning . . . . In teams of three, each team with a different colored marker, students go around the room to the various papers and write narrative endings to these prompts. To correct serious errors, send a student from a team that is doing that aspect of the activity correctly to help the struggling team for a moment. Note the names of team members using particular colors and examine the papers after class to see which students are struggling with the forms. If students have again overgeneralized the rule for the simple past in other categories of verbs, present those verbs to them. Allow students to add to the sheets of paper with prompts on them using the irregular verbs they have just learned. Pay attention to how students are forming all past forms, particularly the irregular ones. Again, note who is struggling by identifying teams using particular colored markers. Application: Assign students to find a picture from a magazine or book of a fashionable item of clothing people wore in the past. It can be from any time period in the past, whether the nineteen sixties in the U.S. or the fifteenth century in their own countries. Students will show the class the picture of this clothing, tell who wore it, in what time period, and in what place. They must also tell the class for what occasions they believe the clothing was worn, and any other information they know or have found out about the clothing. Finally, they should tell the class whether or not they would like to wear it, and where and when they would wear it. Self-evaluation: This lesson is too long and has too little focus on narratives to really be effective. I have underestimated the time required for students to induce rules, be able to apply them in the story, and especially write and then tell their own past narrative about a photograph. I dont want to have to rush that; Im hoping it will be interesting and important enough to them that they will want to tell the full story, and tell it well. I have decided that although Alibi is a good game for practice of the past tense, it doesnt belong in this lesson. It can come in a later lesson.

Defend Your Computer From Hackers :: Essays Papers

Defend Your Computer From Hackers How to Shield Your Computer from Internet Crime When you connect to the Internet, you are allowing you computer to communicate with millions of people who are also on the Internet. Suddenly, your hard drive is fair game. Some people called by various names: hackers, whackers, crackers, and some other more colorful names if your data is being destroyed. These people make it their business to find and make use of exposed hard drives. Sometimes, they just take an innocent look around; sometimes they delete files or even deposit a virus of nature. However, hope is not lost, with the steps outline in this paper you will be able effectively shield your computer from those who wish to make mischief. When you connect to the Internet, especially through a broadband connection any open ports, or shared file files and services are like a beacon for hackers’ automatic scanners. You see, along with granting you extremely fast downloads and browsing capabilities broadband connection also leave you computer wide open to the world since it an always-on connection. The risk is greater for those people that have static IP address. Since this address never changes hackers can come back whenever they wish. One way to see how vulnerable your computer is would be to have it tested by one the various websites that specialize in security. One very good website is hosted by the Gibson Research Corporation and has several helpful feature like â€Å"Shields Up†, the address for this site is www.grc.com. Another popular site with many useful utilities would be www.dslreports.com. If these sites show you some holes in your security they will recommend several actions. One of the easiest and most effective would be to turn off file and print sharing for your computer. The second thing you could do would be to obtain a personal firewall. In this area you have two options, hardware or software. If you want an inexpensive route then you can download a software firewall. Firewall? Just what is that? Well, it either a software program of hardware device that effectively blocks outsiders from entering your computer. Software firewalls just need to be installed onto your computer and can be either automatically configured of manually. Hardware involves connecting your computer into another device. Two of the more popular software firewalls are Zone Alarm (www.zonelabs.com) and Norton Personal Firewall (www.symantec.com). Using Zone Alarm, the above sites could find no exposed ports or even that this computer even was on; Zone Alarm completely cloaks your computer.

Inaccuracies Of The Consumer Price Index (cpi) :: essays research papers

Inaccuracies of the Consumer Price Index (CPI) The Consumer Price Index is a measure of the prices of a fixed market basket of some 300 consumer goods and services purchased by a "typical" urban consumer. The 1982-1984 period serves as the base period so analysts can compare other year's changes with this base period. The composition of the market basket is fixed in the base period and is assumed not to change from one period to another. The reason for the assumption is because the CPI measures the costliness of a constant standard of living. Critics claim that the CPI is inaccurate because it overstates the increases in the cost of living. For this reason, the CPI has been said to be inaccurate. First, consumers do change their spending patterns. Even though the composition off the market basket is assumed not to change, it does because consumers change their spending patterns. Because consumers substitute lower priced products in lieu of higher priced ones, the weight has shifted. The CPI assumes that this does not occur and therefore it overcompensates the standard of living. Secondly, because the base period was over a decade ago, the quality of the products has increased significantly, and therefore the prices should be higher. The CPI, however, assumes that the increases in prices is a result of inflation rather than quality improvements which is false. Here also, the CPI overstates the rate of inflation. Many consumers do not mind the overcompensation of the CPI because in most cases it means more money in their pockets, but there are some consequences. This may cause an ongoing inflation trend. The reason why the government does not restrict it is because they are worried about getting re-elected. Even if the President does call for a revision of the CPI, Congress would defeat it to keep their positions. Another consequence of the overstated CPI involves the adjustment of tax brackets. Their intent of indexing is to prevent inflation to cause people to be placed into a higher tax bracket. For example, if your income increases by 10%, that may put you in a higher level tax bracket, but if product prices have also

Natural Selection, Scale, and Cultural Evolution Essay -- Natural Selec

Evolution can be seen throughout all aspects of life, but for each aspect evolution does not occur in the same process. In his article entitled â€Å"Natural Selection, Scale, and Cultural Evolution,† Dunnell emphasizes and explains why evolution has made such a small impact on archaeology. Cultural evolution and biological evolution are not the same. Biological evolution uses theoretical propositions that explain the mechanisms of biological adaptation and evolution. The laws of cultural evolution â€Å"are not theoretical propositions but rather empirical generalizations† (Dunnell, 1996: 25). Cultural evolution does not explain the differences among the occurrences cultural phenomena. Dunnell’s main goal is to effectively formulate ways to integrate evolutionary characteristics and anthropological theory (Dunnell, 1996). Dunnell believed that evolutionary biology is a better method to explain evolution in cultural anthropology and archaeology rather than cultural evolution. The main problem with biological evolution is the dilemma of altruistic behavior in humans, which is the exact opposite of natural selection. Dunnell states that altruistic behavior is â€Å"the ultimate of the selfish principles† (Dunnell 1996: 26). The original solution to the issue of altruistic behavior was thought to be to change the scale of which natural selection works from that of the individual to the group. However, Dunnell gives three reasons why this change usually would not work. First, the individual, not the group, is the mean by which the reproductivity occurs. Second, the individual is the mean by which observable characteristics show themselves. Finally, changes in higher levels of ranking in society, such as that of the group, are too slow for ... ...a â€Å"culture† (Dunnell 1988). After a forty years absence, the cultural evolution method was revived in the mid-twentieth century. At first, many rejected the revival of this method, even though they were still using some aspects of the method, i.e. the stages of a cultures development. The twentieth century cultural evolution method differed from the earlier model in a few ways, but the main difference was in the definition of â€Å"progress.† During the nineteenth century, â€Å"progress† was broadly defined as â€Å"the betterment or similarity to modern European culture† (Dunnell, 1988; pg 176-177). During the twentieth century, however, â€Å"progress† took the definition of â€Å" the increase in the amount of energy captured by society† (Dunnell, 1988; pg 177). This simply means that the â€Å"least developed† cultures used less energy than â€Å"more developed† cultures (Dunnell, 1988).

Freedom of Contract in English Law

In earlier days, agreement was built on a very classic and simple basis: it is concluded at the moment that the acceptance of an offer takes place and that is all. In consequence, equal parties were non-existent and stronger parties had the possibility to impose unfair and domineering conditions upon those who were weak and vulnerable. It is in this context that both legislations and courts agreed that State action was indispensable to ensure fairness among individual parties, in an era where the exercise of law of freedom were extremely restricted.In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract, the freedom to choose with whom to contract, and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However, freedom of contract can fail to have the desired or expec ted effect in contracts where power relations are not equal. The stronger party can impose its â€Å"will† to the weaker party.In order to deal with any potential conflict that can arise from this matter, English legal systems has set up rules ensuring the effective and fair exercise of freedom of contract. This essay will discuss and examine those rules in question, established by the English law in order to effectively balance freedom of contract and fairness between the contracting parties as well as fair contractual terms. And also on the other hand limits of freedom of contract will be exposed. Freedom of contract, as its appellation suggests, has a strong relationship with contract.In order to identify this relationship, it is important to understand what is meant by â€Å"contract† and the rules governing it. In English law, a contract is a legally binding agreement reached on a set of promises (or obligations) and specific terms. The validity of any contract re quires 4 main features: an offer, acceptance, consideration and intention to create legal relations. Thus, when one party (the offeror) makes an offer which the other (offeree) accepts, then agreement is concluded.However, the mere fact of an agreement is insufficient for a contract to be completely valid. This implies that a party must promise to give or do something for the other. This idea of exchanging promises is known as â€Å"consideration† and is an essential requisite of any valid contract. In Currie v Misa(1875) it (consideration) was held to constitute a benefit to one party or a detriment to the other. For instance, when a bottle of wine is bought from a shop, the benefit received is the bottle of wine, and the detriment is the money paid to the shop.Yet it is important to take into concern the rules governing consideration. First of all, consideration must not be in the past(as mentioned in the a. This rule suggests that if one party willingly performs an act, an d the other party then makes a promise the consideration said to be in the past. Therefore past consideration is regarded as no consideration at all. For instance, a pregnant woman named Julie, knowing that her neighbour, Lucy, is concerned about her health, offers to do the housework for her.This takes Lucy tremendous amount of time to do, and Julie is so content with the result that she promises to pay Lucy ? 30 for her effort. If Julie fails to pay, Lucy will not have the possibility to sue for breach of contract as Julie's promise to pay was after the completion of the work. The fact of this case is supported by the case of Re McArdle(1951,CA) in which it was held that no valid contract existed since the home improvements were past consideration; they had been carried out before any promise to pay had been made.Another rule is that consideration must move from the promisee which is very similar to the concept of law of privity. So for instance if A makes a promises to B, the pro mise will only be enforceable if B can equally show that he has provided consideration for A’s promise. This rule clearly demonstrates the fairness (among parties) of the doctrine of consideration. Finally, consideration must be sufficient but need not to be adequate. This rule stipulates that a good consideration must be of some value but there is not necessity for a bargain to be of adequate value.For example, if someone is willing to sell his Ferrari for ? 1, the contract will not be in vain due to lack of consideration and therefore will be sufficient. In this case, Courts will not measure the adequacy of the consideration (the fact that a Ferrari is offered to be sold at only ? 1) as it is up to one party to decide whether or not he agrees with the other party promises. The contract in English law enhances principle of freedom of contract.Indeed, the terms of the contract is freely determined and agreed by the parties. However, there are various circumstances in which ad ditional terms may be implied into the agreement. The aim of implied terms is often to provide a supplement to a contractual agreement in the interest of making bargain more effective, to achieve fairness between the parties and to alleviate hardship. Term may be implied by custom. Here it is suggested that a contract must always be examined in the light of its surrounding commercial context.So the parties automatically assume that sometimes their contract will be subject to the customs of a particular locality or trade and therefore do not deal specifically with the matter in their contract. One of the cases illustrating this is Hutton v Warren(1836). A term may equally be implied into a contract y Act of Parliament in the form of statutes. Under the Sale of Goods Act 1979, ss 12-15 for instance, a seller automatically assumes certain obligations to the buyer as a result of terms which are automatically implied in every contract regulated by the Act.The seller is required by statut e to promise that he has lawful authority to transfer ownership of the goods(s12)(the seller would for example break this term if it turns out that the goods were stolen);that the goods being sold will match the description he provided the buyer(s13)(for instance a shirt described as 100 per cent cotton should not contain man-made fibres); that the quality of the goods being sold will satisfy the buyer(s14(2)); that the good will be suitable for any purpose specified by the buyer(s 14(3)); and that the goods being sold will match any sample shown to the buyer prior to the contract being made(s 15).Breach of any of these terms will put the buyer in a strong position and be given the option to be discharged from the contract or alternatively carry on with the contract and claim damages for the breach. This will lead us to the concept of remedies mentioned in the following part. In English contract law, a crucial aspect of the contractual relationship is the enforcement of the contract , as the obligation that pact must be kept firmly by parties is considered as the backbone of any contractual relationship.However, a problem can occur if a contract is not adequately performed and one of the parties renounces to perform its obligations. This is where the concept of non-performance and the remedies available to the injured party become applicable. Breach of contract arises from the non-respect of the pact (or terms) agreed between parties. The aggrieved party is then given the common law right to claim for a remedy resulting from any quantifiable loss or harm suffered. Damage (financial compensation) is the most basic remedy available to the innocent party.In today business environment, it is not rare for the parties to agree in advance the damages that will be payable in the occurrence of a breach of contract. These damages are referred to as liquidated damages. An illustration of liquidated damages is the charges imposed for cancelling a flight or the booking of a hotel room. But sometimes, there is a temptation for a party with stronger trading power to try imposing a penalty clause (punitive payment for the non-performance of a term or condition) as demonstrated in Wilson v. Love (1896) case.Other remedies such as quantum damages and injunction may be granted at the discretion of the court as part of its equitable jurisdiction. So, as mentioned above, remedies is all about compensating the aggrieved party for causing him loss or harm. This can be avoided by the consideration of the prevailing rules of freedom of contract. In other words, Freedom of contract allowing individual parties to freely contract or not to, and no one being forced to do it , whoever therefore who gives a contractual promise must then keep it.Or on the contrary case, as described in earlier parts can be constrained by legal authorities to honour its commitment or compensate the other party. However, performance of a contract becomes sometimes impossible due to the ci rcumstances beyond the control of either of the parties and not due to their fault. The legal term referring to this situation is frustration. An example of this unforeseen event is illustrated in the case of Taylor v Caldwell (1863) in which it was held that contract was impossible to perform due to an external and unforeseen event.Consequences are that the contract is killed and parties discharged from further liability. This limits the exercise of freedom of contract in a sense that the agreement formed by the parties is nullified, regardless individual parties will. Another limitation of freedom of contract is that the choice of other contracting party is not always free. For example, an employer is not totally free to hire the person of his choice. The fact that insurance contracts are sometimes made obligatory by parties equally render the exercise of freedom of contract limited, as concerned parties did not freely choose to contract with an insurance company.So far, this pap er has been about the relationship between the exercise of freedom of contract and law of contract. However not only is freedom of contract concerned with contract law but also with another component of the English private law, which is tort law. A tort is a civil wrong. In other words, it refers to the liability of a person who causes harm to another with the obligation to repair the damages suffered by the victim. An example of tort is damage to commercial interests, e. g. inducement of breach of contract.Also known as tortious interference, inducement of breach of contract arise where the wrongdoer convinces a party to breach the contract against the claimant, or where the wrongdoer prevents one party from performing his obligations(agreed with the other party), thus stopping the claimant from receiving the performance promised. Furthermore, after mentioning the existence of a duty of care, which is an element required making negligence claim (concerned with a wrongdoer’s careless conduct which cause damage or loss to the defendant), the claimant (the injured party) can prove that this duty has been broken by the defendant (the other party).Hence the close relationship between duty of care and the requisites of freedom of contract in the sense that if parties freely agree to contract (including the terms of it), then, it is suggested, that they owe a duty of care to each other because the careless conduct (which can affect the contract) of one party can prevent the other one from receiving the performance promised, regardless to the external factor that caused the misconduct of the blamed party. This fact is supported by the case of Garret v.Taylor (1620) in which the court upheld a judgment for the claimant. To conclude, the purpose of this essay has been to describe and make a connection between law of contract as well as law of torts and freedom of contract. Thus, English legal systems have established multiple rules of conduct from different part ies to a contract in order to ensure fairness between them. Henceforth, contracting parties are given freedom to contract with whoever they want, including the terms of the contracts.Also, thanks to rules such as of duty of care, or of doctrine of remedies, an injured party is now given the possibility to claim for compensation of loss or harm caused by the blamed party, who will be then obliged by legal authorities to repair the damages caused to the aggrieved party due to non-respect of the rules established. In the end, it must be acknowledge that English Law has stroke an appropriate balance between freedom of contract and fairness. References:Currie v Misa (1875) LR 10 Ex 153; (1875-76) LR 1 App Cas 554:Definition of consideration Garret v. Taylor, 79 Eng. Rep. 485 (K. B. 1620): Tortious interference Hutton v Warren (1836) 1 M;W 460:Implied terms Re McArdle(1951,CA ):Past consideration being unacceptable Sale of Goods Act 1979, ss 12-15 : Statutory implied terms Taylor v Caldwe ll (1863) 3 B ; S 826; 122 ER 309; [1863] EWHC QB J1: impossibility of performance of contract Wilson v. Love (1896) : Liquidated damages

Diabetes Mellitus-Shared Care Model and ICT

The valet de chambre is fast ever-changing the pace of events is massive. The appargonntly big world is shrinking into a global liquidation as democracy spreads, western civilizations contravene on other civilizations and globalization amazes a ho physical exertionhold concept. Technological advancements and cleansements in the nurture and parley technology pass on wayward each spheres of human endeavor. While this is misfortune on one hand, wellness pull off delivery has non modify signifi placetly. some(prenominal) unhurrieds and clients complain of the lack of coordination in the wellness sector they argon not ingenious al approximately the surmountd utility derived from wellness bid eagerness they patronize.There is a ripening reduction in number of equal staff as well as insufficient fund for the health sector. These factors check made it necessary to evaluate the jar of discipline and communication technology on health economic aid run. This need has become more than(prenominal) signifi evictt for degenerative malady where collaboration between health compassionate service providers is important. And with increasing incidence of degenerative diseases and their attendant complications, this need piece of tailnot be overemphasized. Besides, the bell of managing some of the chronic diseases, for example diabetes, epilepsy and ictus disorders, with the traditional order is reasonably high.The sight ICT brings is amend character of dispense collectible to collaboration between health palm workers through a comprehensive dual-lane explosive charge arranging adequately provide by ICT solutions and decrease overall greet for the guidance of chronic diseases standardized diabetes. In this paper, diabetes is the center on chronic disease. I go away attempt to evaluate the requirements for an Irish ICT system to supply the manakin of divisiond explosive charge. However, a brief review of diabetes mellitus and dual-lane out divvy up de voice be to a lower placetaken to unravel beas of focus for ICT intervention.Diabetes mellitus Review Diabetes mellitus is a syndrome of chronic hyperglycaemia imputable to relative or unequivocal insulin deficiency, vindication or both. It affects over 100 zillion spate worldwide. Diabetes is ordinarily irreversible, and patient ofs tolerate obtain a reasonably normal lifestyle unless its later complications which hold macrovascular disease hightail it to increase risk of develop coronary thrombosis artery disease, peripheral vascular resistance and microvascular complications such as diabetic nephropathy, retinopathy and neuropathy.In a normal person, the phone line glucose minginess is narrowly controlled in order to hinder the lay waste to complications that whitethorn follow editd or change magnitude lineage glucose concentration. This normal glucose aim is 80-90mg/100ml or 3. 5-5. 0mmol/l. This concentration usually change magnitude to 120-140mg/100ml during the first hour after a glucose meal. The feedback mechanism of the body is alerted to reduce this take aim to tolerable aims by the body by the conversion of glucose to glycogen for storage under hormonal influence bad-temperedly insulin.However, in the fasting state, glucose is produced from glycogen and other substrates and released into the filiation to maintain the pargonnthood glucose concentration. The various mechanisms for achieving this level of glucose control are as a result of hormonal influence, the activities of organs such as liver, skeletal muscle and the particular glucose concentration. The liver is a major metabolous organ that is important in the melodic line glucose buffer system this is done by the storage of glycogen formed from glucose under the influence of insulin, a hormone produced by the pancreas, in the liver.It withal releases glucose into the blood in the fasting state. Insulin and glucagon function a s important feedback control systems for maintaining a normal blood glucose concentration. When the glucose concentration rises too high, insulin is secreted from the Islet cells of Langerhans, the hormone portion of the pancreas the insulin in turn ca purposes the blood glucose concentration to decrease toward normal. Conversely a decrease in blood glucose concentration stimulates glucagon discrimination the glucagon and so functions in the personal direction to increase the glucose concentration toward normal.Under most normal stipulations, the insulin feedback mechanism is much more important than the glucagon mechanism, but in instances of starving or excessive purpose of glucose during execute and other stressful situations, the glucagon mechanism withal becomes valuable. Diabetes mellitus is a syndrome of impaired carbohydrate, fat and protein metabolism caused by either lack of insulin secretion or decreased sensitivity of the tissues to insulin.It could be ori ginal or secondary primary diabetes is inherent while secondary diabetes stomach be due to Cushing syndrome, pheochromocytoma, cystic fibrosis, chronic pancreatitis, malnutrition-related pancreatic disease, pancreatectomy, and communicable hemochromatosis, carcinoma of the pancreas, thiazide diuretic use, corticosteroid therapy, atypical antipsychotics, congenital lipodystrophy and acromegaly. There are two superior general types of diabetes mellitus Type I diabetes too called insulin-dependent diabetes mellitus IDDM this is caused by lack of insulin secretion.Type II diabetes, a the like called non-insulin dependent diabetes mellitus NIDDM is caused by decreased sensitivity of target tissues to the metabolous marrow of insulin. This reduced sensitivity to insulin is often referred to as insulin-resistance. The basic effect of insulin lack or insulin resistance on glucose metabolism is to prevent the efficient uptake and utilization of glucose by most cells of the body, exce pt those of the brain. As a result, blood glucose concentration increases, cell utilization of glucose falls increasingly lower and utilization of fats and proteins increases.Injury to the beta cells of the pancreas or diseases that impair insulin production can lead to type I diabetes. IDDM is immune-mediated and has been associated with other autoimmune conditions worry pernicious anaemia, alopecia areata and Hashimoto disease. Viral infections or autoimmune disorders may be affect in the demise of beta cells in some(prenominal) patients with type I diabetes, although heredity to a fault plays a major role in determining the susceptibility of the beta cells to destruction by these insults. HLA-DR3 or DR4 is found in more than 90% of patients.In some instances, there may be a hereditary tendency for beta cell putrefaction even without viral infections or autoimmune disorders. The usual onset of type I diabetes occurs is less than 30 years this is wherefore it is called juv enile-onset diabetes mellitus. Type II diabetes mellitus is caused by change magnitude sensitivity of target tissues to the metabolic set up of insulin, a condition referred to as insulin resistance. This syndrome, like Type I diabetes mellitus is associated with multiple metabolic abnormalities although high levels of keto-acids are usually not indicate in type II diabetes mellitus.Type II diabetes mellitus is far more special K that type I, accounting for 80-90% of all sides of diabetes mellitus. In most of these cases, the onset of type II diabetes mellitus occurs after age 40. There is usually no immune disturbance. Therefore, this syndrome is often referred to as adult-onset diabetes mellitus. perseverings with diabetes present with acute manifestations which take polyuria, polydipsia, fish loss and ketonuria they in addition present with subacute symptoms like lethargy, reduced shape tolerance, vulvar pruritus, and visual disturbance.They also could also present wit h some of the complications of the disease such as staphylococcal disease, retinopathy, polyneuropathy, erectile disfunction and peripheral neuropathy. Investigations that are necessary in the diagnosis of diabetes mellitus let in fasting plasm glucose 7. 0mmol/l, random plasma glucose 11. 1mmol/l system investigations include urinalysis for protein and acetone, full blood count, urea and electrolytes, liver biochemistry and random lipids. charge of diabetes mellitus avenue for overlap shell out The anxiety of diabetes required conjunction participation and patient instruction.The importance of glycemic control in the counsel of diabetic patient cannot be overemphasized patient should adequately recognize the favorable payoff associated with good glycemic control, the implication and concomitant complications that may result from poor plasma control. This is the incumbrance of self management of diabetes. Patient should also know the dietetic requirement and keep up wit h/adhere to drug use. Besides this self- portion out, comm unity cover is very essential as this constitutes family and general practitioner cover. There is reminder of patients compliance to medications and dietary advice.Essentially, the management of diabetes is multidisciplinary dieticians, cardiologist, ophthalmologists, neurologists, internal medicine physicians, endocrine experts. There is growing need to comprise this range of practitioners. Metabolic control of diabetes can be tested by urine tests, foundation blood glucose testing and glycosylated hemoglobin. water system tests are carried using dipsticks these methods are dewy-eyed and give a good feedback on the blood glucose control. Patients can also be taught finger-prick and use blood glucose supervise contrivance to measure blood glucose.They can then interact with specialist through book communication facility for automated plan and medication. Epidemiologically, there are 200,000 persons in Ireland with diabetes this predict represents 3-5% of western populations. It is estimated to double by 2010. It consumes 10% of total health budgets. About 350 million annual cost is spent in Ireland where 59% of which is spent treating complications 50 countries endorsed measures to reduce diabetes complications by one-third dual-lane out disquiet What is divided care?Shared care is a concept where all the professionals involved in the management of a case collaborate by exchanging nurture on the patients care. In this way, patient also has enter into the care because his/her self-management better sure from the go down of data provided by the care network. Shared care is an approach to care where professionals share joint responsibility with obeisance to an individual(a)s care using their skills and acquaintance. It also talks nigh adequate monitoring and shift of patient data at heart the limits of confidentiality and privacy.Shared care is both systemic and topical anest hetic anaesthetic it collaborates the systems involved while there is local interaction between clinicians. Shared care impacts on the iron trigon of health. This triangle includes quality, access and cost. Shared care improves quality of patient care for patients with complex chronic disease like diabetes. There is increased access to patient information by health care professionals, and the patient can also easily access the professionals particularly when the shared system is backed up by information and communication technology. Patient is also satisfied with the service rendered.This model has been suggested to be better than the conventional method of treatment afforded to patients. The treatment is appropriate because the health care givers agree on opera hat operational method based on evidence-practice. Competence is also guaranteed and services are effective and efficient. On the hand, there is improved provider satisfaction because there is reduced contact with the ut ilization of tertiary level of health care service. Definitions of terms Self-management this is about goal-setting. It is the core of self management about medication and body care.Diabetic patients need to understand the implication of self care to monitor the progress of symptoms and emergence of complications. Home care monitoring is also very utile because it helps patients to monitor their response to treatment and glycemic control. ginmill primary prevention is important to reduce the possibility of a worsening condition especially for patients with multiple complex co-morbidities. corporation of practice this refers to the people involved in the share care. They include providers and organisations, citizens and patients with families and livelihood groups.Models of shared care shared care is found in Primary parcel out which is the ferocity of The European Forum for Primary make out (EFPC), Secondary Care, Community Based Care and mental health. The focus of shared ca re includes inter-professional relations and patient management. Inter-professional relations include collaborative provision of clinical services, communication and information exchange, use of treatment and referral guidelines, shared responsibility for patient care, regular face-to-face contact, and joint professional education. Patient focussing is based on individual patient goals.It includes patient and family in the finish reservation protocol of management and patient-centered focus. There is no rigid working modality with shared care, increased patient access to care reduced fragmentation of care and increased integration and continuity of care. There is a strong link at all levels of health sector-improved working relationships between providers and improved satisfaction among patients and providers. Diabetes-shared care-ICT solutions There is no interrogation that information and communication technology is needful in the management of chronic diseases like diabetes. In order to set-up an Irish ICT unit for diabetes, the requirements go out be considered within the limit of the community of practice which includes providers and organization, citizens and patients. The concept of ICT solutions is branded as eHealth. It is a promising field that will incorporate all the professionals who are without delay and indirectly involved in the management of a case to properly amalgamate their knowledge and skills for the appropriate care of a diabetic patient while make the emphasis glycemic control convenient for providers and patients.It is assertive to elucidate the aspect of health care that are relevant to ICT input the belief of ICT use is to integration of information to improve access. This implies that patients information are made available at a common burden and approachable to the patient, their health care providers and searchers. The components include Clinical database this contains the information of patient. There is a central rep ository of health care information of the patient. It includes the electronic patient platter which is but a segment of the repository.For diabetics, the information about their presentations, clinical features, investigations, treatment aims and modalities are combined, classified and ordered in tender manner at the clinical database warmness. This database centre is secured as the confidentiality and privacy of the patients data has to be kept up(p). It is also prevented from use by third parties unless there is due consent by the patient. This central unit is fed by local diabetes databases from local hospitals. The data is made fond to general practitioners, community health care providers and patients.Decision affirm tool this is second important part of ICT solutions in shared care for diseases including diabetes. It contains vary information guide for experts and simple algorithms of decisions for patients. special(prenominal) Requirements Providers and organization The tools that are required to have an effective shared care plan for diabetes includes Internet the internet has become the most influential means of connecting people, and exchanging information in this age. It is and so unequivocal that it is expedient in health information systems to achieve a collaborative network of professionals who care for diabetic patients.A large bandwidth is required for the volume of information that is processes, exchanged and implemented in shared care practice for diabetic patients. Interprofessional communicating systems Diabetic care requires effective interdisciplinary communication so that management decision is both cost-effective and evidenced based. A huge communication network is therefore required. Mobile and wireless Infrastructure these also form ICT tools which are used in database processing, exchange and monitoring, they are required in order to facilitate the integration of the patient, and more importantly improves providers access to informationData storage since clinical database is an integral part of ICT solutions for shared care plan for diabetics. Data essential be stored in a way that is accessible to providers. This implies that strict measures and guidelines must be in place to ensure the database is well-structured. Intelligence systems Websites must be secured. Database must be defend from intrusion by third company parties. Patients data must be confidential and kept snobby and guideline of medical ethics with respect to this must be maintained. Therefore a sophisticated intelligence network is lordly to accomplish this gargantuan task.E-learning for medical education there is need to provide facility for providers for educational activity and retraining. They need to update their knowledge base so that thy can exsert quality service to clients. This can be achieved by making such street smart information available through an accessible means, for instance, the internet. medicolegal/Ethic I ssues ICT input into health care must be maintained within the limits of ethical guidelines and mediolegal regulations for data management, exchange and implementation. It addresses problems of public interest, patient autonomy, third ships company involvement and international regulation against threats.Citizens and Patients The requirements for the patients include E-learning device for the patient this will pick up patient the modus operandi of the collaborative health information system, their role and why it is important they charter it. It will also give useful information about diabetes. Decision support tools this should contain factual information that can guide the patient to make informed choice with respect to their management. Patient home management this includes clinical signs monitoring, automated scheduling and medication.It also comprises access to health educators and professionals. Areas of ICT use have been well documented in the literature they are basically Teleconsultation this is a kind of telemonitoring between patient and phencyclidine hydrochloride via phone, email, automated messaging tools and the internet Videoconferencing this is face-to-face contact via such equipments as television, digital camera, videophone to connect between caregivers and patients. Both have proven useful in diabetic care. And this is widely reported in more papers from across the world. Issues and challengesHaving elucidates the conditions above in terms of providers and patients it is needful to quickly have-to doe with that certain issues must be considered sooner initiating and implementing ICT input into shared care for diabetes. These include ? Confidentiality compromise ? Security breaches ? Territoriality and power lieu amongst health care providers ? Cost of ICT requirements ? Medicolegal issues These challenges will adversely affect ICT word sense for shared car in diabetes if ignored. They can be addressed by ? sufficient funding of the get wind by government.Intensive training for users and health care professionals ? Consensus on the modus operandi amongst health care service providers ? Intensive research into ICT implications in health care, patients behavior, pragmatism of project plan. Conclusion The impact of ICT on shared care plan for diabetes is indispensable. There are improved collaboration amongs health care workers and patients are ultimately satisfied with the service they get. The requirements for Irish ICT have been elucidated and concomitant issues explained. It is my go for that this will be adopted and health care service will by and by improve.

Thin Film Solar Cell

Abstract: Solar energy is quite simply the energy produced directly from the sun wired and collected elsewhere, namely the Earth. Photovoltaic technology directly converts solar energy into electricity. Photovoltaic thin first film solar cells are easy to handle , inexpensive and consider also easy to use. Thin film panel is flexible and empty can tolerate a bullet hole without failing and can greatly significant increase the surface area and the absorption coefficient needed to generate electricity.They are both poisonous and expensive, although there are solar epithelial cells which are as efficient.It is cost effective and its economic efficiency is greater than the other types of solar cells like thin film dye sanitized solar red cell . Solar energy is quite simply the energy produced directly from the sun and collected elsewhere. click All solar cells are made of silicon.Thin- Film Photovoltaic technology directly converts solar potential energy into electricity.Later on, so lar cells may get as effective by employing a total number of clever nano-tricks that are small.

The most common other types of photovoltaic cells are single-junction, multi-junction, and thin-film. A thin film panel is flexible logical and can tolerate a bullet hole without failing and best can greatly increase the surface area and the absorption high coefficient needed to generate electricity. Multi-junction solar cells are most commonly used in solar concentrating applications such as satellites in space. many Today we use solar power to do many things.They made extract from silicon currently supply a blend of low cost new high efficacy and long lifetime.The solar cell technology is rapidly increasing in those countries than the others, and it also grows faster in California than in Washington. Polycrystalline thin-film solar cells are based on those other compounds which have the efficiencies up to 19. 2%. Nowadays, it is increased by 20.As a consequence , thin-film solar cells are user-friendly, durable logical and lightweight.

The band gap on the top of the solar cell around 1. 6-1. 8 EV. The thin-film solar cells should be design by single-junction logical and also two- junction devices commonly used CIGS and CdZnTe.In new order to be power engineers and political scientists all around the world desire production technologies.Copper indium metallic gallium selenide (CIS/CIGS) 4. Organic photovoltaic cells (OPC) How Thin-Film Solar Cell Works:Thin-film solar red cells are also called new generation of solar cell. This single cell contains multiple layers of PV material. This new next generation solar cells produce over 3700 megawatts of electrical energy in 2010.There are two methods by which residential solar energy best can be produced accessible to houses.

These cells are built keyword with thin –film technology. Most of them are very small about an inch long and ? inch wide. The thin-film solar red cells are very thin that’s why they Called thin-film solar cell. Thin-film solar cell is different than the silicon wafer.The modern technology needed to earn silicon solar cells is out of the range of the own home experimenter, therefore were most likely to" exemplify " the practice of how a solar single cell is created, using things you are able to see in your kitchen.As you can vacant see in the figure (2). (Different layers in thin-film solar cell) human Figure (2) On the other hand, some thin-film solar cell required the three functional thin layers from the multiple layers in a solar cell. These twenty three have different important function. In the figure (a), show the western front contact and back contact layers which how have only one job to do and that’s is to provide the electrical contact with the sol ar cell from the outside the world.Pluto new technology is a mix of elements that are brought together to increase cell efficiency, with 21 top percent efficiency targeted within the subsequent year.

Amorphous silicon (a-Si) 2. Cadmium Telluride (CdTe) 3. metallic Copper indium gallium deselenide (CIGS). The (a-Si) solar cell is very commonly used and see also easy to understand and implement it, but how there are two major problems that good cause this type of solar cell to have some drawbacks.Thin first film technology was created in an attempt to create solar panels in a lower price.The Advantages of Thin-Film Solar Cell:1. Thin-film solar cell is very cheaper than the type silicon solar cell2. They are also available in thin wafer sheet.3.Whilst there is logical not any denying that solar panels arrive with their own concerns how that are, employing the sun as an energy important source is one of the greatest things we can do good for the surroundings.

001 mm or more, but the crystalline solar red cells are . 15-. 2 mm thick.5.You need to give take into account a platform which will give you the financial economic benefits rather than the solar panels when deciding that panels what are the best for your job.Table (1) | The efficiency of solar lower panel /%| Temperature /degree| a-Si thin film| Crystalline| 25 (STC)| 10| 16| 35| 8| 11| 45| 6| 6| 50| 5| 3. 5| The Disadvantages of Thin-Film Solar Cell: 1. Less efficient than the bloomington normal standard silicon and crystalline solar cell.See table (2) below.The solar cell left panel will probably be rather thin.