Saturday, August 31, 2019

Mainstreaming: Special Education and Regular Classroom Essay

Mainstreaming is an important issue and realism that has a direct impact on all parties involved, including educators, students and parents. Mainstreaming is a matter that has become very controversial and therefore it requires important awareness and understanding from all peoples involved. One essential way of gaining this understanding and awareness is by reviewing what mainstreaming really is, as well as the positive and negative aspects that may arise from it. Defining the Issue: Mainstreaming. Mainstreaming, now more commonly referred to as inclusion, is thought of as the integration of exceptional students into regular educational settings, in which emphasis is placed on participation rather than placement (Perry, Winne & Woolfolk, 2000 p. 136). A classroom that is mainstreamed, is one which includes many different types of learners; in other words, mainstreaming is a classroom that accommodates students with disabilities and those without, as well as those students who are thought of as being gifted with an IQ score of above average. Disabled children in a mainstreamed classroom may vary greatly in the types of disability they might have. For example, children may have one or more of the following disabilities: physical, behavioral, mental or learning disability. It is evident then, that a classroom that is mainstreamed will indeed present a number of challenges for the teacher, since he or she must accommodate to so many different needs of the students. The main purpose of mainstreaming is to â€Å"equally support and promote a typical classroom experience for all students† (Lyness, 2001, p.3). However, this does not exclude the usage of outside support services such as teachers’ assistance or resource rooms. Therefore, the basic idea of mainstreaming is for students to receive assistance, while also benefiting from a regular classroom atmosphere. Positive Viewpoints of Mainstreaming There are a number of interesting points that support the idea of mainstreaming. For example, in a mainstreamed classroom all special education students must have an Individual Education Program (IEP). An IEP is an â€Å"annually revised program detailing present achievement level, goals and strategies, drawn up by teachers, parents, specialist and if possible the student† (Perry, Winne, & Woolfolk, 2000, p. 138). The use of the IEP is geared to meet the needs of the special education student. This is an issue that should be further educated and explained to the parties involved, most importantly the parents, since most of them feel that their child may not be receiving the support that they need in order to perform adequately in a regular classroom. As mentioned previously, students in a mainstreamed classroom receive support services such as teachers’ aids and access to resource rooms. Resource rooms are generally equipped with materials that are designed to meet the needs of the special educational student. A student may spent as much time as they need in the resource room with a special education teacher in order to receive the extra help they need. Another point that supports the idea of manstreaming is the fact that it seems to be beneficial for all students, both disabled and non-disabled. For example, placing special education students in a regular classroom reduces the risk of the student as being labeled or stigmatized. This point stands out clearly in the statement by Perry, Winne & Woolfolk (2000) that Segregation away from the mainstream in special classes robs disabled students of the opportunity to learn to participate fully in society, robs non-disables students of the opportunity to develop understanding and acceptance of the disabled, and increases the likelihood that the individual will be stigmatized (p. 139). Also, a classroom that includes and involves different types of learners is one that will be more accepting of the differences present amongst the students. According to studies by Lyness (2001), research has shown that students without disabilities who are in a mainstreamed classroom accept and value the differences in their classmates, have enhanced self esteem, and a genuine capacity for friendship. It is important for students to respect the differences of their peers, which is what a mainstreamed classroom helps to accomplish. Negative Viewpoints of Mainstreaming Along with the good points of mainstreaming come a number of interesting points that do not support the idea of mainstreaming. For example, in a mainstreamed classroom a child may not feel a sense of belonging from other children. This may been displayed in the form of teasing or ridicule, in which the special education students self esteem is greatly affected. Feelings of inadequacy to keep up with non-disabled students may also arise amongst special education students. Perry, Winne & Woolfolk (2000), state that â€Å"disabled students can be just as socially isolated in a regular class as they would in a special education class, across the hall across the country† (p. 139). Another pessimistic viewpoint of mainstreaming is the great demand that is places on the teachers. With so few teachers available and the large amount of students in need of assistance, it is impossible for teachers to focus special attention on individual students with special educational needs. This creates a problem for both the teacher, whose job becomes absolutely over whelming and stressful, as well as the special education student who lacks the vital support and attention that he or she may need. Mainstreaming may also place pressure on special education students. For example, a special education student may feel that he or she may have to perform at the same level as his or her fellow classmates even though the disability they possess prevents them from doing so. Fracine McNamara states how â€Å"mainstreaming is very difficult for special needs children ?and it is hard enough for a regular education child to keep up with the curriculum and the world, it is even harder for a children with road blocks† (Pantazis, 2000, p. 11). My Opinion As this paper demonstrates, I also agree that there are positive and negative aspects that are associated with mainstreaming. I do agree that children should have individual programs that support their needs, as they would receive in a special education program; if these needs can be met within a regular classroom, all the better. I also believe that by placing special education students in a regular classroom, this can increase their motivation to perform well in school. Often, when children are placed in special education classrooms, they do not perform to the best of their ability because they are stigmatized into thinking they can not do better. I also believe another advantage of mainstreaming is the fact that special needs children may begin to model the positive behaviors of regular students  such as completion of homework, improved social skills and age appropriate behaviors. This is especially important for children with behavior problems, since they often may need a positive role model in order to perform to the best of their ability. I also believe that in some cases exceptional students are very good in non-academic areas such as sports, drawing and mainstreaming allows these students to share their skills with regular students. This, in turn, is beneficial for both parties. However, I also believe that in some cases mainstreaming is not the best option for all special needs children. Some children’s needs go far beyond what a regular classroom can offer. Self-contained programs are necessary for these types of children, programs that teach children skills that will be useful to the in the real world, and also prepare them for community living. These life skills may include personal hygiene, money managing, basic household chores and safety. Also, severely handicapped children need to be in contact with other students who share a common affliction. This is not likely to happen in a mainstreamed classroom since regular students outnumber special education students. By taking a closer look at the definition of mainstreaming as well as the positive and negative aspects associated with it, one can perhaps acquire better understanding and awareness of the issue. As this paper has demonstrated, there are both positive and negative viewpoints of mainstreaming, which in turn, cause large amounts of controversy. However, the most important issue, which must not be forgotten, is it is vital to help all students obtain the best education possible. References Lyness, D. (2001). http://www. kidsheath. org Pantazis, S. (2000). http://www. epinions. com Perry, N. , Winne, P. , Woolfolk, A. (2000). Educational Psychology. Scarborough: Allyn and Bacon Canada.

Friday, August 30, 2019

Loss of the Creature Outside Analysis

People in society today have influences throughout their life that help structure and dictate their thoughts. Choices are made based on these influences, and when these influences begin to take shape as different labels, no real choices are made. People begin to compromise their right to think on their own and instead turn to the most convenient choice. This is how a great deal of society has acts today, choosing the easiest path just so that person can get a given task out of the way and continue on with their life. These influences are frequently seen in politics today. People become so wrapped up in political parties that they become more interested in who is running in which party, instead of which candidate, at any level of government, has the stances that the voter agrees with the most. According to â€Å"The Loss of the Creature† and â€Å"Ways of Seeing†, multiple aspects of having the labels the political parties have inhibit voters from making sovereign decisions. When a candidate is running for an office, they should not have a political party label attached to them because that label can inhibit voters from choosing a candidate who they think will best serve the position to better the region they are running for. Walker Percy constantly reiterates the importance to avoid the beaten track and to not allow experts to control the experiences and dictate the ideas someone may have. Having the labels that political parties have allow different political experts to dictate the way people vote and because of the labels people are losing their ability to make sovereign decisions. These labels are symbolic complexes because they act as pre-made assumptions that get in the way of the voters ability to make a vote based on personal standards alone. â€Å"The highest satisfaction of the sightseer (not merely the tourist but any layman seer of sights) is that his sight should be certified as genuine† (Percy 487). The American voter takes the position of the sightseer, and the voter is losing the ability to have that high satisfaction because the vote is not a genuine vote. This is what Percy refers to as a loss of sovereignty, and the sovereignty is frequently lost due to the impact of the experts. â€Å"He too could use an instructor and a book and a technique, but he would use them as subordinates, just as he would the jackknife† (Percy 489). Percy conveys to the reader that the experts must not be used to form and manipulate any experiences or ideas, but instead used as tools to help guide a person as that person has a genuine experience or forms an idea of their own. Voters who do not take the time to research candidate’s specific views tend to assume that because they belong to a particular party the candidate’s views will align with the voter’s view. If voters aren’t paying attention to specifically who they are voting for and instead voting out of convenience, they aren’t making their vote count and the candidate that the majority of the people share the most views with might not be elected. Similarly to Walker Percy, John Berger stresses the importance of making your own decisions not based on what others endorse; to do so will bring the power back to the people. This comes with the implications that the people are not in complete control, and John Berger uses mystification to show that the art critics are in control of the art world because they are making art less accessible (Berger 103). According to the Campaign Finance Institute, out of a random sample of 100 candidates that were elected to the House of Representatives, 20% of their total campaign finances came from the states party funding. That shows a great representation of how much influence the party label has on politics today. In general, the more funding a campaign had, the more likely that candidate was to win the election (Malbin). The funding of political parties takes away the power from the people because the more a voter who does not research the stances hears about a candidate from different campaign strategies, the more likely the voter will like what he/she hears, base their opinions off of those endorsements, and in turn vote for the candidate. â€Å"A people or a class which is cut off from its own past is far less free to choose and to act as a people or a class than one that been able to situate itself in history† (Berger 118). The voters who do not take the time to research the stances of the candidates are the type of people the Berger is referring to. When the people listen to the critics and choose to not place themselves in the history of politics where they can institute their own decisions of who to vote for, they are not â€Å"acting as a people† as Berger refers to. This is because they are not always basing the decision off of which candidate would represent the individual best, who would in turn represent the people the best. People are being cut off from acting as a people, and this is in part because of the negative influence political party labels have on the overall scheme of politics. As I finish up high school and close into the age to vote, I have become increasingly interested in politics because soon it will be my civil duty to vote. Growing up a fairly independent student, I grew up assessing situations and creating my own opinions like Percy advises people of all ages should do. My parents never forced their political views on me, and because of that I am able to side with candidates based on my own stances. The more I became interested in politics, the more I began to realize that not all candidates at any level shared the same stances as other members of their equivalent political parties. This is where the idea of calling myself Republican of Democratic became incredibly distasteful and unappealing because every year when elections come, stances of certain representatives change and I have found myself siding with both sides of the party. Berger would find these labels unappealing as well because labels can be reproduced through media and what the candidate stands for can be altered because of the party they represent. These political party labels are similar to the camera because they are destroying the uniqueness of the candidates like the camera does to paintings (Berger 106). Only so much personal research could be done, so I decided to turn to others to learn more about politics and about their views and stances and different issues. The more I spoke with adults, the more I began to realize how prominent the influence political parties have in our society. Three different parents of close friends told me they voted either completely democratic or completely republican for the election in 2009 because they were working too often to take the time to research the stances of every single candidate. This is exactly what Percy would not want in this day and age. People are losing their sovereignty as voters because they are following the beaten tracks and following the tour guides without having unique experiences or opinions in this situation. The American voters have the right to have a title that describes the general trend of their political stances. However, those titles should explain how they morally stand in most circumstances, in most cases conservative or liberal, instead of automatically identifying themselves with a particular party. The importance of eliminating the labels that political parties possess will substantially improve the political system in America because it will cause voters to take the time to truly know who they are voting for, and not base their decision off of a mere title. Walker Percy explains that we as a society can not allow symbolic complexes such as these titles stand in the way of having a sovereign experience. In this situation, the sovereign experience would be for a citizen to cast a unique vote based solely on personal stances and how much that person agrees with the candidate in question. John Berger would wish to eliminate the labels as well because eliminating the labels would be one step closer to the people truly being in power. Political party labels need to be removed from the political system in America so that the citizens can truly make what they believe to be the correct choice when voting.

Thursday, August 29, 2019

Humana Case Essay

The purpose of this memo is to analyze Humana’s business model and its spin-off solution. We think Humana’s problems were severe enough to implement restructuring plans within the company. First of all, Humana’s administrative cost ratio was 16.1% and medical loss ratio stood at 85.9% (increased from 84.4% in 1991). The stock price was declining from $34.5/share in May 1991 to $21.63 in May 1992. In addition, the entire hospital industry is suffering losses in the long-term because of increases in operating costs, decreases in average hospital stays (occupancy rate declining to 47%, national average occupancy rate was 69%), and growing competition. The margin is diminishing and the PE ratio is lower in both industry averages. Spin-off is ideal since the hospital industry is shrinking and Humana’s profit from hospital starting to decline. A decision made early will still allow Humana a higher valuation on hospital business. The separate income statement is listed below. As presented, the after-tax net income of Humana Hospital and Health Plan are $314M and $ 41M. After we compare the asset sizes of comparable companies, we decided that the PE ratio for the Hospital business should be 13.0x, equal to that of National Medical Enterprises, as they are closer on the asset size. The PE ratio for Health Plan business should be 17.0x, equal to the average of United Healthcare and U.S. Healthcare, for the same reason. Thus, the value of these two businesses separate will be $4,087M and $694M. The Market value using current PE ratio for the whole Humana Company is $3,550M. Therefore, a spin-off of these two segments (assuming tax rate is 36%) will create an extra value of approximately $1,231M. Humana should assign most of its debt to the hospital business and keep sufficient cash in the health plan segment. According to the exhibits, the proportion of debt distributed to hospital and health plan is 5:1. Health Plan business could expand itself and enjoy further profit and growth, while the hospital business could start eliminating parts that are not profitable or carries much capacity. Kaiser has 6.5 million members and 7700 beds. This means feeding more people into the hospitals and a higher occupancy ratio. Humana has 1.7 million members and 17829 beds, significantly less occupancy. Both of the hospital and health plan industries enjoy higher PE valuation ratio than Humana as a company does, which indicates that this integrating strategy doesn’t fulfill the fullest of their respective potential. There is no other option that’s more sensible since they all have their respective flaws. New price structure compensates their margin to sell more services, yet their hospital’s occupancy ratio will not increase and they will lose on the Medicare deals. Selling off hospitals may help gain profit and independence. However, it will be extremely undervalued (6.0x EBITDA ratio). Leverage buyout is not feasible either because Humana’s marketable securities are occupied, thus no sufficient fund. Stock buyback will not help Humana to deal with hospital section’s occupancy and profitability problem. Finally, the feasibility of ESOP remains uncertain, as it didn’t measure whether employees have the ability to purchase and whether synergy has been compensated.

Wednesday, August 28, 2019

Plastic Surgery Essay Example | Topics and Well Written Essays - 1000 words - 1

Plastic Surgery - Essay Example This ideal person is usually someone of a mid-20ish age, slender, with specific measurements and a certain good-looking charm. This limited view automatically rejects anyone with a larger bone structure or other ‘defect’ from being socially acceptable. Those who can both afford to purchase the ‘right’ look and who are fortunate enough to be a candidate for surgery are seen to have the ideal life. Their outward appearance automatically indicates they also have wealth, happiness and freedom. However, even for these people, this restricted view of the ideal has several negative effects on the individual as well as society. With so much attention given to the way a person looks on the outside as being the only social measure, there is very little room for internal characteristics to receive their rightful attention. People also spend so much time obsessing about the way they look that there is little time or energy for personal development. This shallow, obsessi ve view can be especially seen in the alarming numbers of teenagers, both male and female, seeking plastic surgery, because it can be potentially harmful to the individual’s psychological nature and physical health, and as it is perpetuated by their role models and peers and encouraged or supported by their parents and elders. As it becomes more socially acceptable, more people are turning to cosmetic surgery to enhance their bodies while they’re still attending high school. They are working to construct the ideal form without giving their bodies a chance to finish growing. Many adolescents (and the parents that allow them to seek these types of surgery) don’t seem to realize that plastic surgery is still surgery. Surgery of any type can have significant physical and physiological risks, especially when performed on bodies that have not yet completed their growth cycle. Although some parents might argue that a child has definitely finished growing, doctors have reported sending

Tuesday, August 27, 2019

Income Tax and Corporation Tax in the United Kingdom Essay

Income Tax and Corporation Tax in the United Kingdom - Essay Example The paper tells that historically, taxation in Britain was collected from serfs who paid rent to their landlords in return for protection. However, in the 1600s, a unified land law was passed which vested control and power to the Crown. Land and property taxes were collected from each landowner to support the government. In the 1800s, income tax was introduced, first to support wars and eventually, to support the UK government's deficit. Currently, Her Majesty's Revenue & Customs (HMRC) is in charge of collecting taxes in the United Kingdom. There are several types of tax that are payable periodically by certain entities in the UK. They include Income Tax, Corporation Tax, Duties on goods and services, National Insurance Contribution, Value Added Tax and Fuel Duty. All these taxes have different laws and guiding principles. This tax is levied on the profits of businesses. Corporation tax is calculated on the annual income of a business. It was first introduced in the Finance Act 1965 . Corporation tax in the UK is currently regulated by the Income & Corporation Tax and its subsequent amendments. According to Sections 6 and 11 of the Income & Corporation Tax Act (ICTA), corporation tax must be paid by three main groups of entities: 1. UK resident companies. This include companies that are incorporated in the UK. 2. Non-resident companies in the UK carrying out trade through a permanent establishment and 3. Unincorporated bodies which are not partnerships that fall within the scope of the tax like societies and voluntary associations. Section 8 of the ICTA (1988) indicates that there are two types of profits that are taxed in the corporation tax (McLaughlin, 2011): 1. The worldwide income of a UK resident company. This includes all the earnings of all the operations of such a company around the globe. 2. For non-resident companies that have permanent establishments in the UK, corporation tax is levied on the income of the UK permanent establishment. The Act goes further to define 'profits' to include revenue or income from three main sources (McLaughin, 2011). The first is the revenue accrued from normal operations of the company. The second is capital gains which encompasses revenue from the sale of an asset in an accounting period. Finally, profits include investment income and revenue from dividends and other earnings from other investments. The term 'accounting period' comes with complications. Depending on the circumstances of a business, 'accounting period' can be an event that determines the commencement o r termination of trade like the start of business or the termination of business (Section 12). An accounting period is normally required to last for a period of 12 months. In most cases, the financial year begins on 1st April and ends on 31st March of every year. Where the accounting period overlaps this period, it must be apportioned appropriately and taxes are calculated as required. In 2011, the corporation tax was 26%. Companies that earn between ?50,000 and $300,000 will be subjected to a lower tax rate of 20%. There are some marginal reliefs that are calculated for companies that earn profits between ?300,000 and ?1,500,000. This marginal relief ensures that such companies pay between 20 and 26%. However, companies earning over ?1.5 million in profits have to pay the full 26% of corporation tax. Income Tax Income tax is on an individual's earnings. It is calculated annually. It applies when a person earns beyond a certain amount, this is known as 'taxable income' (HMRC Income Tax, 2012). There are some reliefs and allowances that are granted to individuals in order to

Substainable developement Homework Coursework Example | Topics and Well Written Essays - 1000 words

Substainable developement Homework - Coursework Example The main stage includes drastically expanding the gainfulness of common assets, extending them as much as 100 times more remote than they do today. In the second stage, organizations receive shut circle generation frameworks that yield no waste or poisonous quality (Lovins and Hawken, 1999). The third stage obliges an essential change of plan of action from one of offering items to one of conveying administrations. The last stage includes reinvesting in regular money to restore, manage, and extend the planets biological community. Since common free enterprise is both important and productive will sub-sume conventional industrialism, the creators contend, pretty much as industrialism sub-sumed agrarianism. A helpful prospective for maintainable business professionals will be between the adjusted qualities approach and the frameworks approach. It would utilize a frameworks approach; however it would concentrate on the framework from within the business point of view and concentrate on the business association with the outside environment. Seeing social obligations, for example, acting with thoughtfulness regarding manageable quality, as an open door as opposed to as harm control or an advertising battle requires for most privately owned businesses to significantly move their reasoning to a brain set, the creators contend, that will get to be progressively essential to focused achievement (Bendell, 2000). The guideline of maintainable quality engaging organizations edified venture toward oneself works best for issues that correspond with an organizations financial investments and when the organization has deliberately evaluated what activities to address. For the economy and society generally speaking, organizations regard for supportability has as of now turn into a wellspring of social advancement, as organizations apply impressive consideration and assets to diminish their natural foot shaped impression, which profits their end result

Monday, August 26, 2019

African cinema is a film world in search of a constituency and a Essay

African cinema is a film world in search of a constituency and a community, and it realises that it is potentially a borderless cinema - John Akomfrah (Givanni, 1995, 36) Discuss - Essay Example This is primarily the ground why J. Akomfrah claims that a sense of community and constituency are continuously yearned for by the borderless cinematic endeavor of an African film industry traditionally inclined to bring to exhibition various aspects of living especially the scenes at the wild, life under poverty, or tribal struggles across the vastness of an African land. The 1975 Algiers Charter on African Cinema placed emphasis on the need of the film to communicate the cultural identity of the people of Africa and develop this goal for the viewers to achieve a more sensible understanding of a Nigerian culture. New African cinematographers have come up with a serious objective of informing and educating the public, knowing how powerful a film is in delivering crucial expressions of African way of life in a simplified approach that may be comprehended by the majority whether educated or uneducated (The Algiers, 1975). In 1973, Djibril Diop Mambà ©ty directed â€Å"Touki Bouki† which is a movie about the meeting of a cowherd Mory and a university student Anta who seem estranged to their places of origin, Senegal and Africa, that they decided to consider travelling to Paris for a change of fate though this would entail fraudulent job of satisfying a monetary requirement. One may particularly note the significance of adventure for an African life in this film yet the context from which it sheds light toward conflict resolution is different from the perspective of the film â€Å"Yeelen† after the direction of Souleymane Cissà © in 1987. Yeelen demonstrates a personal conquest of a young warrior who possesses powers of magic and summons his other relative in combat against a sorcerer who happens to be his own father. Despite the amply differing themes of these two films, both reflect a necessary quest for settlement in favor of the situations that fit each character. On the other hand, Idrissa

Sunday, August 25, 2019

HR Proposal Essay Example | Topics and Well Written Essays - 750 words

HR Proposal - Essay Example According to Yousef (2004), the Middle Eastern countries have the lowest levels of social and economic development in the world. The population in this region is approximately 313 million with a GDP of $732 billion (Yousef, 2004). Unemployment rate in Middle East is 15% which is among the highest rates globally (Yousef, 2004). This includes women rate of unemployment which is higher than the males. The role played by the women in the Middle East workforce is very little but very crucial. As more and more women enter the workforce, it is encouraging for the new generation women to take education which was once thought as an unnecessary thing (Ross, 2008). As women participate in the workplace, it open ups the view that they can earn their own income and thus contribute to the household besides the traditional household duties. For this reason, many Middle Eastern countries such as Saudi Arabia and UAE are increasing the women percentage in the workplace by expanding the jobs available to them. Most of the employment sectors heavily populated by women are education and health care (Rubin, 2007). According to a census in 2000, the women workforce occupied 74% of primary school, 54% of secondary school and a certain percentage of them were involved as police officers, military officers and taxi drivers (Rubin, 2007). The role of women in the workplace in Middle East is increasing especially in countries such as Egypt, Bahrain, Lebanon, Morocco and Kuwait as the governments are trying to provide better facilities to increase female participation. Female entrepreneurs are increasing rapidly. Many firms are operated by females in the aforementioned regions which are well-established, technologically advanced, productive and comparable to the male-owned firms not just regionally but globally (Ghimire, 2006). Most of these firms, according to Ghimire (2006), are 1.7 times more productive as compared to those owned and run by men. For example, a B2B trading

Saturday, August 24, 2019

Factor V Leiden and Prothrombin Mutations Essay Example | Topics and Well Written Essays - 500 words

Factor V Leiden and Prothrombin Mutations - Essay Example Mutations are determined in a consecutive series of 100 controls. It argues that fifteen of 80 current miscarriage patients and four out of 100 carry V Leiden Mutation Factor. Its results suggest that the presence of prothrombin and factor V leiden is the cause of recurrent miscarriages. Additionally, it suggests that the presence of both factors of mutations is major in second trimester, fetal loss and dependent of any additional pathology (Foka et.al, 1999). The readability of the journal is on point because the authors did not mix up the information. They have introduced the topic properly, explained everything a reader would want to know, and summed up the whole information. It is credible in the sense that information is well researched and documented. The authors demonstrate well researched and investigated article. This is because they have used analysis methods to determine the above explained topic as well as analyze it, giving a reader a well understanding of the topic. It expounds on Factor V Leiden and Prothrombin Mutations, causes and consequences which gives a reader a good understanding of both mutations ( Foka et al., 1999). Recurrent miscarriages is a health problem affecting, approximately 5% of women in today’s world. Although there is no specific investigation of this situation, researchers argue that factor V Leiden and Prothrombin Mutations are the cause of recurrent miscarriages. Prothrombin Mutations is acquired and inherited by defect. Recently, it was discovered that the most commonly inherited defect is Factor V Leiden which is resistant to activated protein. It is also responsible for all cases of isolated thrombophilia and thrombotic conditions. However, there are still uncertainties on the accurate role of factor V Leiden in terms of miscarriages which has resulted to bias selection of women regarding their fetal losses. This is in terms of the number of miscarriages type,

Friday, August 23, 2019

Degree in Economics, Finance and Management - Managerial Accounting Essay

Degree in Economics, Finance and Management - Managerial Accounting - Essay Example The roles they currently play have become increasingly huge and difficult. They are the center of the decision making in both business firms and organizations. They are currently solely responsible for setting up and keeping the financial policies as well as being responsible for management of information system. The support they provide is essential because they work together with other management colleagues to ensure that all matters financial are equitably managed. Basically the work of the management accountant is to forecast on the future by ensuring that the advice they give is for the interest of the future growth and stability of the enterprise. They look at how the business is progressing and offer an advice on how problems can be effectively managed and on how to adapt to modern changes in business trends in order to remain relevant in the market industry (Smith, 2005). To achieve this dreams the management accountant look at ways of reducing business costs both operational and production cost and how to set up more and implement more viable strategies. Their work is not limited to specific sections but it cuts across the organizations. Manager’s information need differ with regard to the nature of entities operations and their role within the organization. Much of information that touches on management accountancy is based on both qualitative and quantitative data. This emergence was first instigated by a perceived disconnect between the theory and the practice of management accounting, and more specific on the most common perception that the traditional wisdom of management accounting textbooks is not widely used in practice. However the belief was based on few published work. Yeshmin and Das, research that was carried out in 2009 in Bangladesh showed that managers of the financial institutions are more comfortable when they apply both variance and budgetary control analysis to measure their performance among the

Thursday, August 22, 2019

William Shakespeare’s The Tempest and History Essay Example for Free

William Shakespeare’s The Tempest and History Essay Literature often reflects the times it is written in. Often, great stories come from the events of the day or some oft-talked about idea or thought. History, society and culture can mostly be studied well through the literature of that specific period. Here, we take a comprehensive look into The Tempest, one of the last plays written by the England’s greatest William Shakespeare. Regarded as a comedy in the beginning, it was later labeled as one of his late romances. The Tempest is arguably said to have been written in the early 17th century (1610-11). However, this is said to be so because it was entered into the Stationer’s Register in 1623, along with 16 other Shakespeare plays. The first recorded staging of the play was in the autumn of 1611 by the King’s Men. As with many other Shakespeare’s plays, the exact date is hypothetical. However, the comparisons, storyline and the society and situation he draws from are enough to conclude that the play was one his later and finer works, where even the stage commands were perfectly written. There are two interesting facts about the play, which is indicative of the literary supremacy of the play. The Tempest is said to be probably the last play which Shakespeare wrote alone. Also, it is one of only two plays, which has an original plot. As any other Shakespearean work, The Tempest has attracted the attention of many critics, across centuries. While some argue that the play should be seen as Shakespeare’s swansong and his praise of the theatre and its effects, many others seem to identify colonial strains in the play. Yet others say that it addresses the higher and philosophical questions of life. While all views are welcome, given that Shakespeare himself offered no explanation for writing the play, it would be enlightening to dwell on some predominant aspects of the play in detail. Shakespeare lived in England but his plays were rarely set in England. They were set mostly in Italy. This one takes place somewhere in the Mediterranean, on an island. Many say that the island in his mind was the Bermudas. Shakespeare is unlikely to have travelled to Italy in his time but he surely knew a lot about life there, thanks to the great classics in which he buried himself. More than giving us a glimpse into the history of England, his plays give us a sneak peek into the history of Italy. Coming back to The Tempest, it can be safely concluded that the play gives three strong undercurrents: 1) The theme of shipwreck 2) The theme of slavery, and in a broader perspective, the theme of colonialism. 3) The theme of human questions, like, what is man? How much does he govern his life and the lives of others? We will try and analyze each, while trying to place it in a historical context. Shipwrecks A certain history paper available online, presented by Luke Sakowski, reveals a very interesting point. The period between 1600 and 1700 has been called the Age of Reason. It was the age of new learning. People were becoming more receptive to new ideas. They were accepting the world and thoughts beyond their own society. Here is a quote from Sakowski’s paper. During the period, the explorers from the countries of Europe continue to search for new worlds, and ways to gain wealth. The civilizations of Asia and the Middle East remain within their natural boundaries because they had no reason to leave their countries; they preferred to be separated from the rest of the world. Thus, shipwrecks were a contemporary event in the 17th century, when there were many expeditions led by individuals and nations. Erasmus’ Naufragium (the Shipwreck- translated into English in 1606), William Strauchey’s True Reportory of the Wracke ( an eye-witness account of the shipwreck at the Bermudas, written in 1610 and Peter Martyr’s De Orbo Novo, translated into English in 1555, are said to have influenced The Tempest. Not only are shipwrecks fodder for storytellers, it is also an event in history. Each century, every 50 years or even a decade is identified by a great tragedy in air, water or otherwise. The most noted example to anyone in the 20th and 21st centuries is the tragedy of the Titanic. Every ship is compared to it, every anniversary is remembered and similar stories are written. So also, in Shakespeare’s time, shipwrecks, irrespective of whether there was any loss of life or not would have been documents in the efforts of a country to discover or visit other shores. However, the Summer 1996 Shakespeare Oxford Newsletter clearly states that even after careful study of the William Strachey’s and Silvester Jourdain’s pamphlets (in Wright’s 1964 A Voyage to Virginia in 1609), they were not particularly impressed with the parallels. Also, it is important to understand the affectations of the time. It was easy for Shakespeare to write about an island, a shipwreck, magic and a tempest, knowing well that the audience would be able to relate to it. Today, it would seem highly unlikely. The colonial theme In spite of many treating it as a pure work of art, distanced from politics and indicative of the artist and his skill, the dominant colonial theme in The Tempest is most interesting. Professor Thomas Cartelli called The Tempest as â€Å"a privileged text in the history of colonialist discourse†. There is a master here, Prospero, and two slaves – Ariel and Caliban. There is an island, which was captured by Prospero with his magical powers. It is explained in the second scene that when he had first reached the island, Prospero had used Caliban’s knowledge and had learnt about the island. But later, he enslaved Caliban, while even educating and ‘civilizing’ him. So also, Prospero freed Ariel, who was buried in a tree, by a curse from the earlier inhabitant of the island, Sycorax, Caliban’s mother. While most critics tend to see the colonial strain through the character of Caliban, it could be a mistake to overlook the character of Ariel in this context. He is also bullied and taunted by Prospero and threatened to perform his wishes. He keeps reminding Prospero of the freedom he was promised, to which again the reply is taunting. The major difference between Ariel and Caliban is the approach they take towards Prospero. While one obeys him most willingly, looking forward to the freedom that he is promised, Caliban does so most hatefully. He resents Prospero and makes his resentment known. He even goes to the extent of saying that the language that Prospero taught him has come as a blessing because he can now curse him using it. The takeover of the island can be taken as a direct reference to the colonization of islands, and the civilizing of Caliban can be the inculcation of Western ideals and education in the natives. But nothing is conclusive. More so, because it is not sure whether the playwright was for or against colonialism. While his protagonist, Prospero, uses his powers for the rightful purposes, Shakespeare has to a certain extent, justified the resentment of Caliban and even Ariel. Many critics have dwelt on the discourse of colonialism in The Tempest in depth. Reginald Shepherd, author of Orpheus in the Bronx, wrote in his blog that The Tempest, if read in relation to the (evolving and inconsistent) English colonial project in the New World, lays out the real contradictions it will imaginarily (that is, ideologically) resolve with exemplary clarity. By allowing the â€Å"Other† to speak and make his case, if only in the ostensible master’s language, the text permits the undermining of the colonialist discourse it not only participates in but in some ways inaugurates, Shepherd wrote. It is important to understand the position that Shakespeare takes in interpreting the play. In my view, Shakespeare has cleverly incorporated what he thinks of colonialism into the play, enlightening and confusing us at the same time. While he is trying to make a hero of Prospero, he is also trying to evoke sympathy for Caliban and Ariel. Though there is no pardon for what Caliban has done (trying to rape Miranda), Shakespeare presents an idol for him to look up to – Ariel. Some have tried to draw influences of the Crusades in the play. However, it is a historical fact that the Crusades were fought much earlier in the 12th century. Going at a tangent, I would like to say that seeking Christian themes in the play would be a rather easy task. Almost all of Shakespeare’s plays have good, evil, forgiveness, revenge and repentance. It is a given that Shakespeare lived in an era where he would have been influenced by the Church and its preaching. The human theme This brings me to the third theme of the play. The human aspect. It is said that Shakespeare was also influenced by Montaigne’s essay Of Cannibals, while writing The Tempest. A striking proof of this is the fact that Caliban is an anagram for cannibal. However, I would like to bring to your notice to the similarities in the names of Caliban and Ariel with Cain and Abel. While there are many characters in the play, these two are in the centre along with Prospero. Most of the human or inhuman characteristics revolve around them. Power is the dominant word in the play. Every man wants to have the power to at least control his own world. His actions are governed by the yearning for this power. To a certain extent, Prospero is successful in getting the power. His magic gives him the power to govern the island and even the seas. Ariel causes the tempest, on Prospero’s command. However, he failed when in the first place, his throne as duke of Milan was usurped by his younger brother. He was unable to use his power to prevent himself from being banished. In Milan, his magic did not work. Twelve years after his banishment, he wants revenge. And circumstance gives him that opportunity. However, his idea of power and justice is subjective. We see that on the island, where Prospero is the sole authority, he has no qualms about enslaving Caliban and Ariel. It may seem a little ridiculous to the reader, but one should understand that it is a perspective play. It is seen from the eyes of the protagonist. Public sympathies are always with Prospero, and even more with Miranda. The good-natured Ariel is almost taken for granted and Caliban hardly deserves sympathy. After all, he is a deformed person, hardly human. However, there is justification for all at the end of the play, as in other Shakespeare romances. Prospero returns to his rightful throne, he forgives his brother and his conspirators, Ferdinand and Miranda get married and more importantly, Caliban and Ariel get their freedom, as promised. But an unexpected development is that Prospero relinquishes his magical powers on the island. There is an underlying message that he may not have to use it ever again. William Shakespeare was a true renaissance writer. He supported the cause of the arts. However, in spite of the new thinking that was setting in, there was the underlying truth that good characteristics were always rewarded in the end. Society was still in transition and knowledge was up for the grabs. Shakespeare was careful not to make any mistakes in the play. He was mindful of his audience. He met the requirements of the stage. He even went further and brought in a lot of music and effects. His work was certainly ahead of his times. Still, the play is set in the certain period and satisfied the thinking of that period, so much so that it was termed ‘great’ by many. Shakespeare heralded the Renaissance. Humanism – how much humans could accomplish – was prominent in his writings. He explored colonialism in a way that would out the audience in thought. Expeditions and discoveries of lands were one thing but taking over another’s land was another. If you say Shakespeare and colonialism in the same breath, The Tempest is the only example, though race and color has been also presented in Othello. Concluding this discourse about The Tempest and history, I would like to quote Anne Barton. â€Å"The Tempest is an extraordinarily obliging work of art. It will lend itself to almost any interpretation, any set of meanings imposed upon it: it will even make them shine. †

Wednesday, August 21, 2019

Advantages and Disadvantages of the Cell Phone Essay Example for Free

Advantages and Disadvantages of the Cell Phone Essay In the world we live in today, everyone owns a cell phone. Whether it is pre-paid, contract, or a jitter bug they have it. Some are so easy to use while others might take a week or so to learn. Children as young as six or seven even own this very common form of technology. These things do almost everything. They have games, texting, GPS, MP3 players, and much more. Cell phones have many great advantages well as many disadvantages. As for me, the GPS on my cell phone is one major advantagee. By me traveling all over the place to attend many out of town church services, looking for hotels, and more my cell phone makes it so I will never get lost. Not only does the GPS on my cell phone tell me where to go, it also speaks back to me. Buying a cell phone with a GPS has saved me money by not having to by a navigation system. It is also easy and simple to use. I love the convenience of it too. Very often, I travel alone. If I have car problems my cell phone is there so I can call for help. Just last week my car broke down on a dark back road. Thank God I had my cell so I could have called for help. This awesome form of technology was put to use. Cell phones are always good to have when you leave the house or simply traveling alone. By my phone coming with a camera is also a great advantage. They save money and again I love the convenience of it. Just like a normal camera, you can print pictures out through your cell phone. Not only that, you can share them on Facebook or Twitter so everyone else could see. These cell phone cameras are not just any ole camera. Some are even better than the ones one would buy at a camera store. Sometimes we might want to search the internet and at the time we are away from a computer. Most cell phones today have internet access. We can check emails, shop, and everything else we can on the internet with a cell phone. I find this a big advance for those who love the internet. It can also cut off an internet bill at home. Like most things with many good advantages there are also disadvantages. One major disadvantage of a cell phone is texting while driving. Research proves that tons of people die every year as a result of texting while driving. I too find texting and driving very dangerous. It keeps your focus off the road. While driving, one’s focus should be on the road at all times. It is always important for anyone to keep their focus on the road. Cell phones also can take ones attention off their studies. With all the things a cell phone has to offer, it is easy to get carried away with it. There are always new games and fun apps that one can find on their cell phone. The fact that these things are hand held and can go pretty much anywhere can get many students into trouble at school. It can also become a distraction for learning. While most teachers are teaching, many students wish to use there cell phones instead of taking notes or learning. Another common disadvantage of a cell phone is that it keeps you from seeing your friends and family face to face. With the text messaging and calling you can do on a cell phone cuts back the face to face talks with family and friends. Spending time with family and friends should be very important in a person’s life. With a cell phone it is very easy to send a text messages or call them instead of seeing them in person. One should practice less texting and talking on a cell phone and more face to face conversations. Over all, cell phones have many great advantages. They have GPS, camera, and are great for traveling. Also they have many bad disadvantages such as texting and driving, distracting students from their studies, cut away face to face time with family and friends. To me cells phone are great to have and seem to get better each day. As long as you are careful and mindful of the harm a cell phone can do, you will be good.

Tuesday, August 20, 2019

Breach of Contract and Negligence

Breach of Contract and Negligence 1)  Mega will be looking to bring an action in breach of contract and negligence against Super for both their failure to install the cash machines until December 2006 and the negligent installation my Tom and Manoj which caused the registers to be out of action over the Christmas period. The problem they will have with this is that Super trade under a standard contract which contains clauses which apparently exclude liability for both delay to installation and consequential loss arising in either contract or tort. This includes the loss of profit which Mega wish to claim form them. However, it may well be that Super are not able to rely on those clauses. For an exclusion clause to be effective it must first be validly incorporated into the contract. Then the construction must be such that on a proper interpretation it covers the type of liability which has arisen. Each of these issues will be discussed in turn to establish whether or not Super will be able to fend off an action by Mega by relying on the exclusion clauses. To be effective as an exclusion clause the term must be incorporated into the contract at the time when the contract was made. It will not be effective if it is added at a later stage[1]. The terms must be contained or referred to in a document which is intended to have contractual effect. In the case of Super’s standard terms they are referred to in brochures, order forms, price lists and quotations and reprinted in invoices and receipts. It is likely that order forms would be considered to be a document with contractual effect. In the present case, however, Super took the order from Mega over the telephone. The contract would have been concluded at that time. It is therefore necessary that the exclusion clauses be incorporated at that time. For a clause to be validly incorporated the other party must be given notice of its existence. At this stage there is no details of the discussion between Mega and Super when hew order was taken. What is clear is that if the exclusion clauses were not mentioned in the telephone conversation and Mega did not know about them then they will not be validly incorporated by their inclusion in the invoice or receipt[2]. What amounts to reasonable notice will depend on the facts of the case. If it can be shown that Mega had actual knowledge of the terms they will be reasonably incorporated. It might well be for example that they had read the brochure and were therefore alerted to the existence of standard terms and should reasonably have enquired as to what they were. The fact that a party has to take further steps to find out what the terms of which he has been given notice are does not necessarily mean that reasonable notice has not been given.[3] However, it seems more likely on balance that the courts would hold that a mere reference to the standard terms in these pre contractual documents is insufficient notice of an exclusion clause. The present clauses are particularly onerous as they attempt to exclude a substantial amount of liability on the part of Super. In the case of Spurling Ltd v Bradshaw [1956] 1 WLR 461 Lord Denning held that the more onerous the clause the more that would have to be done to bring it to the attention of the other party. He stated that in some cases the clause would have to be printed in bright red ink with a big red hand pointing to it. This has become known as the red hand test. In the present case it would seem that some form of red hand would be required for there to be sufficient notice of the exclusion clauses. Therefore if Super did not specifically draw them to the attention of Mega then they will not be validly incorporated. I will proceed on the basis that the terms were validly incorpo rated for the purposes of analysing the terms themselves, but if they were not then Super will not be able to rely on them at all. The next issue to deal with is the construction of the clauses themselves. The courts have traditionally construed exclusion clauses very restrictively. It must be show that the clause, properly interpreted does actually cover the damage caused. The ‘contra proferentem’ rule means that any ambiguity will be resolved against the party seeking to rely on the clause. There does not seem to be any ambiguity in Clause 10.2. It clearly states that they will not be liable for delay howsoever caused. At this stage it seems unlikely that Mega will be able to claim for any losses caused by the delay to the installation. It might be however that Mega can rely on the Unfair Contract Terms Act 1977 section 3 which protects parties who are either dealing as consumers or dealing on the other’s standard terms of business as Mega are in this instance. Section 3(2) (b) (i) of the Act states that a party is not by reference to any term of the contract entitled to: â€Å"†¦render a contractual performance substantially different from that which was reasonably expected of him.† It is certainly arguable that a delay of two to three months would be outside the sort of delay that would be reasonably expected of a company. On balance I would be of the opinion that the delay will not be sufficient to allow Mega to avail them self of this protection. With regards to the loss of profits over the Christmas period, Mega will have to make a claim in negligence against Super. The first point to note is that just as Tom and Manoj will be protected by the clause, Super will be vicariously liable for their actions if the clause is not held to cover negligence. Super will be relying on clause 10.3 to suggest that they have excluded liability for consequential loss, including loss of profit for the negligence of their employees. The question is whether 10.3 actually has that effect. The general rule is that if a party wishes to exclude liability for negligence they must do so explicitly[4]. In the present case though Super have not referred specifically to negligence stating: â€Å"†¦neither the seller nor any of its employees shall be liable for any consequential or indirect loss suffered by the Buyer whether such loss arises in contract or tort.† The next step the courts will take is to establish whether the words used are wide enough to cover negligence on the part of the employees of the proferens[5]. It seems likely that Super will be able to show this as they have referred to ‘tort’ However the final and rather contradictory stage is that the court must consider: †¦whether the head of damage may be based on some ground other than negligence’[6] There cannot be any doubt that clause 10.3 could cover something other than negligence. Even leaving out the contract section it covers every type of tort. It is clear that where this is the case the proferens (Super) will not be able to rely on the clause to exclude liability for negligence. If the clause is held to cover exclusion of liability for negligence Mega may be able to rely on the Unfair Contract Terms Act 1977. Section 2(2) of that Act states: â€Å"2 Negligence liability: In the case of other (other than death or personal injury) loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.† On the present facts it does not seem to be an unreasonable clause. The bargaining power of the two parties seems relatively even on the face of it and there do not appear to have been any particular inducements to enter the contract with that term included. However there may be circumstances which are not included in the instructions which would render the term unreasonable. In conclusion I would be of the opinion that subject to the clauses being found to have been validly incorporated, Super will be able to relay on clause 10.2 to avoid liability of the delay in installation. On balance I would not expect them to be able to rely on clause 10.3 to save them from liability for the negligence of Tom and Manoj as the terms is not specific enough to negligence. It seems likely that loss of profit is a reasonably foreseeable consequence of negligent installation of cash registers and therefore Super will be liable for any loss of profit suffered by Mega over the Christmas period which is attributable to the lack of functioning cash registers. BIBLIOGRAPHY Olley v Marlborough Court Ltd [1949] 1 KB 532 Jayaar Impex Ltd v Toaken Group Ltd (t/a Hicks Bros) [1996] 2 Lloyds Rep 437 Spurling Ltd v Bradshaw [1956] 1 WLR 461 Thompson v London, Midland and Scottish Rly Co [1930] 1 KB 41, CA Unfair Contract Terms Act 1977 Canada Steamship Lines Ltd v R [1952] AC 192 at 208 2. Joe Pain, suffering and loss of amenity On the assumption that Katy was negligent Joe will be entitled to recover damages from her under two general heads, general damages and special damages. General damages cover the compensation which will be received by Joe for his injuries. This is commonly referred to as damages for pain suffering and loss of amenity. Pain and suffering is viewed separately to loss of amenity and I will discuss them in that order. Damages are awarded to the claimant for pain and suffering caused by the injury and any treatment relating to the injury both in the run up to trial and in the future if appropriate. It is important to bear in mind that awards for pain and suffering are subjective in that they relate to the actual pain suffered by the Claimant. In relation to Joe he is therefore unlikely to be able to claim for pain and suffering for the 2 weeks which he was unconscious.[7] This does not apply to loss of amenity which can be claimed whether the claimant was aware that they had lost amenity or not. Loss of amenity is an objective measure of the claimant’s losses. For example because of the loss of a limb as in Joes case. The fact that Joe can no longer row will be taken into consideration under this section of the head of damage and this is likely to result in an increased award. Overall damages are awarded for pain suffering and loss of amenity on the basis of what is fair just and reasonable.[8] The Judicial Studies Board issues guidelines as to the level of award based on recent judgments. In relation to amputations below the elbow the award is between  £56,000 and  £63,625. Which end of the scale it will be is determined by factors such as whether it was the claimant’s dominant arm. Loss of Earnings The claimant is entitled to be put in the position he would have been in had the injury not occurred.[9] In relation to his pre trial loss of earnings this will be the net figure which he would have earned during that period after national insurance tax and any other deductions which would have been made. We are not told at this stage whether Joe earned  £45,000 per annum before or after tax, but assuming it is after tax this would amount to  £22,500. He will also be entitled to claim the bonuses which he would have received during that period. At the most this will amount to  £6000, but Joe will have to prove that he would have earned his maximum of  £1000 per month. Whilst the  £650 does not represent wages from the employer, but a collection on the part of the other employees, I would expect it to be deducted from the loss of earnings because otherwise it would represent double recovery as Joe would not have received it without the injury. Assuming Joe returns to work before the trial there will be a further deduction from his loss of earnings award to take account of the fact that he is receiving wages at a reduced rate. For the period of time between his return to work and the trial he will receive a sum representing the net total amount he would have received as calculated above minus the net total amount he did receive as a result of his new position. Future Loss of Earnings Joe’s future earnings have been substantially reduced by the accident. When calculating the future loss of earnings the courts start with the net annual loos of earnings suffered by the Claimant. This sum is adjusted by taking into account other factors such as the loss of a chance to get promoted and increase earnings etc and the fact that the claimant is receiving a capital lump sum now rather than earning it over the years. The final figure is called the ‘multiplicand’. This is multiplied by the ‘multiplier’ which is the number of years for which the loss is likely to continue, usually the number of years between trial and the likely date of retirement. Other losses Joe will also be able to claim the money spent on repairing his bike in the sum of  £1500. He will have to prove the loss in the form of a repair receipt/invoice. Any savings made as a result of the NHS care will be set off against the income claim. Joe will not be able to claim for Darinder’s loss of earnings as they are not a loss suffered by him. However, the fact that Darinder has had to take time off work to help Joe adjust to the disability suggests that he is no longer able to perform household tasks which he would have been able to perform before the accident. Where a member of the claimant’s family voluntarily undertakes to perform those tasks the Claimant is entitled to an award in damages representing the value of those services.[10] The damages will be assessed on the basis of what it would have cost to employ someone else to do the tasks.[11] Other claims against Katy All of the potential claims against Katy will be for psychiatric harm. There are principles to be applied when determining who will be able to claim for psychiatric harm which will be discussed throughout this section. The basic premise is that a duty of care in relation to shock in the sense of psychiatric damage is owed to those foreseeably and directly involved in the horrific event caused by the defendants negligence.[12] Charles  ­Charles was clearly directly involved in the accident as he was in the car at the time. It is not necessary for him to have suffered physical injury to recover damages, the fact that he feared for his own safety and was in fact endangered by the event is sufficient.[13] He was a primary victim of the accident and therefore it is not necessary that Katy foresaw psychiatric injury specifically. The fact that injury was foreseeable is sufficient.[14] Lord Lloyd of Berwick in Page v Smith[15] reasoned that if the psychiatric injury had been as a consequence of a physical injury it would clearly be recoverable. The fortuitous absence of physical injury did not make a difference. Stella Stella witnessed the accident. Psychiatric damage caused by witnessing an event first hand may be recoverable in certain circumstances. Stella clearly perceived the accident through her own senses and was physically and temporally proximate to it as required by Alcock[16] However the third criterion in Alcock is that the witness must have a close relationship to the victim of the accident. Stella was a passer by and therefore would not satisfy this criterion. The only other way Stella could recover damages from Katy is if she could prove that she was a primary victim. The fact that she suffers from post traumatic stress disorder suggests that the accident put her in fear for her own safety and the bike did cross her path. She may therefore be in the same position as Charles. However to recover under this head the claimant must actually have been in danger.[17] Stella might have difficulty proving that she was ever in actual danger as the bike mounted the pavement in front of her not towards her. Darinder Darinder did not witness the accident first hand. The fact that she was told about it by the police officer will not be sufficient to give her the proximity required[18]. It is possible to recover damages if you witnessed the immediate aftermath of the event and that includes the hospital scenes[19]. However it is still necessary that the psychiatric injury be brought about by shock so she will have to show that seeing Joe coming out of an operating theatre caused her shock. Incidentally the close relationship tie is assumed in spousal relationships. With regard to the nervous break down brought about by the continued care of Joe, Darinder is unlikely to be able to recover. The injury must be brought about by a sudden assault to the senses rather than an accumulation of feelings and distress.[20] Overall it is unlikely that Darinder will be able to recover damages unless she can prove she was shocked by seeing Joe coming out of the operating theatre and then she will only be able to recover for psychiatric harm caused directly by that shock. BIBLIOGRAPHY Wise v. Kaye [1962] 1 Q.B. 638 Heil v Rankin [2001] QB 272 Livingstone v Rawyards Coal Co (1880) 5 App Cas 25 Hodges v Frost (1983) 53 ALR 373 and Daly v Genera Navigation Co Ltd [1980] 3 All ER 696 Daly v General Steam Navigation Co Ltd ibid Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 Dulieu v White Sons [1901] 2 KB 669 Page v Smith [1996] AC 155 McFarlane v EE Caledonia Ltd [1994] 2 All ER 1 Ravenscroft v Rederiaktiebà ¸laget Transatlantic [1992] 2 All ER 470 McLoughlin v OBrian [1983] 1 AC 410 Taylor v Somerset Health Authority [1993] PIQR P262 [1] Olley v Marlborough Court Ltd [1949] 1 KB 532 [2] Jayaar Impex Ltd v Toaken Group Ltd (t/a Hicks Bros) [1996] 2 Lloyds Rep 437 [3] Thompson v London, Midland and Scottish Rly Co [1930] 1 KB 41, CA [4] Canada Steamship Lines Ltd v R [1952] AC 192 at 208 [5] ibid [6] Ibid per Lord Morton [7] Wise v. Kaye [1962] 1 Q.B. 638 [8] Heil v Rankin [2001] QB 272 [9] Livingstone v Rawyards Coal Co (1880) 5 App Cas 25 [10] Hodges v Frost (1983) 53 ALR 373 and Daly v Genera Navigation Co Ltd [1980] 3 All ER 696 [11] Daly v General Steam Navigation Co Ltd ibid [12] Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 [13] Dulieu v White Sons [1901] 2 KB 669 [14] Page v Smith [1996] AC 155 [15] ibid [16] Note 8 [17] McFarlane v EE Caledonia Ltd [1994] 2 All ER 1 [18] Ravenscroft v Rederiaktiebà ¸laget Transatlantic [1992] 2 All ER 470 [19] McLoughlin v OBrian [1983] 1 AC 410 [20] Taylor v Somerset Health Authority [1993] PIQR P262

Managing and Delegation :: essays research papers

Being Controller of Finance for XYZ Corporation has enormous responsibilities when it comes to management. Can delegation using the proper techniques in management help the controller in planning, organizing, leading, and controlling the Finance Department at XYZ? â€Å"Delegation is a process by which a project manager examines the various responsibilities and tasks at hand, and rather than assuming and completing those tasks and responsibilities on his/her own, that manager decides to assign the work to others† (Right Track Associates, 2000). The controller of Finance at XYZ Corp., lets call him Joe; serves many purposes to the companies overall corporate outlook. However, the responsibility can be overwhelming at times for him. Office managers perform many administrative duties. They compile data about their department and present it to top managers. They write progress reports. They make sure that office equipment runs properly. When it is needed, they request new equipment. In addition, office managers keep records, order supplies, and help plan budgets (Minnesota Department of Education, 2004). THE DILEMA Joe has a problem with delegation and does not seem to incorporate all four functions of management into his management techniques. It is clear that he has too many duties to perform and is having trouble being able to plan, organize, lead, and control. These four functions should be the main aspect of his job. Delegation takes the ability to analyze and plan, and in order to be successful at this, Joe must be able to have self-confidence in what he does. The problem is, is that he does not have the awareness to understand the functions of team dynamics in his department and does not trust others to work on projects he so desperately tries to finish himself. Joe is a very hard worker and overwhelms himself with projects. On average, he spends about twelve hours a day at the office. He comes in at 8 a.m. and does not go home until eight or 9 p.m. He does not hand out work accordingly, and does not hold department meetings as much as he should. Team meetings would help him delegate and plan projects, and divide the work and hand. Another problem Joe has is he does not recognize his employees and their potentials to complete projects correctly. One of the reasons he does not recognize employees is because he does not go around and view the work that they complete. Lower-management usually views the work and he never gets the chance to foresee any of it.

Monday, August 19, 2019

The Death Penalty As a Form of Justice Around the World Essay -- Death

The Death Penalty As a Form of Justice Around the World Introduction: The death penalty is a subject that has become very big in the 21st century. Many centuries ago the death penalty is something that was widely practiced in almost all cultures. This revenge sort of action was the only way some old civilizations felt could really prevent criminals from breaking the law. The USA today is almost left alone among nations when it comes to the death penalty and the U.S. government does not have a problem with that. Arguments for the death penalty: Capital punishment permanently removes the worst criminals from society and should prove much cheaper and safer for the rest of us than long term. It is self evident that dead criminals cannot commit any further crimes, either within prison or after escaping or being released from it. Another argument for the death penalty is the cost factor. The state may very well better spend our resources on the elderly, young and the sick rather than the long-term imprisonment of murderers. Execution is a very real punishment rather than some form of treatment. The criminal is made to suffer in proportion to the offence. Although whether there is a place in a modern society, is a matter of personal opinion. There are many arguments why abolishing the death penalty should be done. Some argue the costs are too high, others think it is simply inhumane. I personally could not discount the value of human life because it costs less to kill someone rather that to keep them in jail. I do agree that all human life should be valued equally but that has not happened ever and I don't think it is going to start now. Even in a communist society, people are not equal. It is just the natu... ..."normal" in a sense. In conclusion I would like to say that I don't exactly know how the U.S. Catholic bishops felt about this issue a hundred years ago, but in modern times, death is not always the best way to solve society's problems. I am glad to see that a major influence has spoken out to help abolish the death penalty and I think that is a huge step in the movement. Nothing will ever change unless an influential body urges and persists with teachings of peace and non-violent alternatives. If the death penalty was abolished, I think over time we would in fact see the murder rates decrease as generations of children are raised sensitive to death and violence. Bibliography: www.wikipedia.org [for examples around world] Resource website Ideas after watching Dead Man Walking Emotions after reading Newspaper opinion pieces RE Pink Resource Book Section F

Sunday, August 18, 2019

Poes Fall of The House of Usher Essays: Metaphoric Images :: Fall House Usher Essays

Metaphoric Images in Poe's "Fall of the House of Usher" "The Fall of the House of Usher," one of Edgar Allen Poe's most celebrated tales has captured the imagination of readers both young and old. With great skill, Poe has metaphorically succeeded to mirror unlike objects in nature. One can find examples of how Poe has succeeded this throughout this short story. Among one of the first examples that one can find is "...that ancient metaphor for the body...(Montgomery 373)." The "ancient metaphor" that one can find is that of Roderick Usher and the later being the Usher house. With some close reading of the story, one can see how these two unlike objects mirror each other. To commence an analysis of the different examples found in the story, one must get some brief some brief background information. Roderick Usher was excessively reserved during his childhood and there after. Roderick was the product of inbreeding which had caused him to lead a rather unhealthy life. According to Magill in the book Masterpieces of World Literature, since th e Usher family had left only a direct line of descendants, the family and the house had become as one, the House of Usher(291). One can argue that this is true, but in my opinion, the relationship between the house and Roderick can be found in their descriptions. The story's narrator describes Roderick as more zombielike than human. This is due to Roderick's cadaverous facial complexion: large, luminous eyes, thin and very pallid lips, his nose of "a delicate Hebrew model," his small molded chin, broad forehead, and his soft and weblike hair(Magill 364). Throughout the story, the narrator describes Roderick's large eyes and hair with having a "wild gossamer texture" (Thompson 96). Roderick's unhealthy life has caused side effects to occur. They include such things as looking old for his age and at times trembling for no apparent reason (Bloom 60). The House of Usher is also similar to Roderick in their description. The house's facade, as the narrator describes, resembles a giant fac e or skull with its eye-like windows and the hairlike fungi that hangs on the house's facade(Magill 364). The stonework that covers the Usher house is in decay. This stonework reminds the narrator "...of old wood-work which has rotten for long years in some neglected vault." (Bloom59). The Usher House seems so fragile that it seems its instability will cause it to fall(59).

Saturday, August 17, 2019

It260 Midterm Study Guide

1 – Two basic types of computers that can be on an enterprise network are: Clients and Servers 2 – Which role creates a single sign-on environment by implementing trust relationships that enable users on one network to access applications on other networks w/o providing a secondary set of logon credentials? Active Directory Federation Services (ADFS) 3 – ________ enables administrators to create and enforce storage quotas, specify file types that are permitted on network volumes, and generate storage reports. File Server Resource Manager (FSRM) – By using _________ installation option of WinSvr2008, you get a stripped-down version of the OS that shows a single window w/ a cmd prompt. Windows Server Core 5 – Windows Deployment Services requires two types of image files to perform remote client installations, a ______ image and an install image. Boot Image 6 – Which role service w/n IIS enables the Web Server to forward incoming requests for a specific URL to another URL? HTTP Redirection 7 – IIS7 uses a generic request pipeline that is modular in nature.The component that manages the request pipeline, the server’s application pools, and the worker processes is called? Windows Process Activation Service (WPAS) 8 – Which feature of IIS7 enables you to publish content found on different drives or different computers on a network, w/o copying or moving the content? Virtual Directory 9 – Which feature of IIS7 is used to associate each incoming request w/ one particular Web Site, helping the protocol listener to identify each site request? Site Bindings 10 – To use FTP7, you must install it in a WinSvr 2008 computer that is already running the role.Web Server (ISS) Role 11 – While configuring a DNS server to perform reverse name resolutions, you must create records for the addresses you want the server to resolve. Pointer (PTR) 12 – IIS7 supports several authentication methods. Of these, the only method that is integrated into an IIS7 installation by default and used for Internet Web or FTP sites is _________. Anonymous Authentication 13 – IIS7’s Windows Authentication module supports two authentication protocols, Kerberos and _______. NTLM v2 14 – NTFS permissions are realized as, which consist of two basic types of _______, Allow and Deny.ACL & ACE 15 – When a client obtains a Web server’s certificate, its ability to decrypt the server’s encrypted transmission using the server’s, the system represented in the certificate. Public 16 – Web applications use a three-tiered architecture: The first tier is the client browser application, the second tier is a Web Server, and the third tier is a ____________. Database Server 17 – Which protocol enables a Web Server to run an application specified in a client request and pass the request to that application for processing? CGI 8 – __________ is an XML-based directory service that enables businesses to publish listings about their activities and the services they offer. UDDI 19 – _________ is the standard email protocol for the Internet. SMTP 20 – _________ enables developers to create dynamic Web pages, Web applications, and XML Web services using a wide variety of programming languages and development tools. asp. net 21 – If ________ is used as the method of obtaining multimedia, content cannot begin playing until the file transfer is complete. downloading 2 – Media streaming is always a trade-off b/t ___________ and signal quality. Bandwidth 23 – On-demand streaming begins when the user requests it. ___________ begins at a prearranged time and is typically used for live content. Broadcast 24 – Unlike Windows Media Services, ___________ is not a role; it has its Sharepoint Services 25 – What method will you use to impose limitations – such as who can play it, what d evices they can use, and how often they can play – on your multimedia content in order to control access to it? Windows Media Rights Manager

Friday, August 16, 2019

How does Act 1, Scene 1 prepare the audience for the love theme of Shakespeare’s “Twelfth Night”?

Act 1, Scene 1 prepares the audience for the rest of Shakespeare's â€Å"Twelfth Night† by introducing the central theme of love which runs throughout the play. Orsino, Duke of Illyria is immediately established as one of the protagonists, and it is clear that love is all he is willing to think about. Orsino is indulging himself thinking of love, but he is preoccupied with his own reactions, and doesn't take into account those of the object of his affections, Olivia. He has declared his love for Olivia, which sets up the storyline between them.Love Poem For Orsino it was love at first sight, which he explains through metaphor when one of his Lords, Curio, tries to change the subject to hunting. He explains by saying that when he first saw Olivia he was turned into a hart, and compares his desires for her to fell and cruel hounds that â€Å"E'er since pursue me†. Shakespeare has taken this idea from the Greek legend of Actaeon. In the legend, Actaeon was out hunting when he came across Diana, God of Hunting, bathing naked in the river. She turned him into a stag, and then his own hounds hunted him down and killed him. Shakespeare has used this idea to show Orsino's sense of self importance by how easily he can imagine himself in the role of Actaeon. Despite claiming to be this deeply in love, Orsino is sending his courtiers to woo Olivia on his behalf. As he is the Duke, he doesn't go himself because he doesn't want to risk the embarrassment of being rejected in person. In the first scene Valentine returns from Olivia's country estate with the response he received from her handmaid. He was not allowed in to talk to Olivia in person, as he was told Olivia was mourning the death of her brother by refusing to leave the house for seven years. He was told that for those seven years â€Å"like a cloistress she will veiled walk† and that once a day she would â€Å"water her chamber round with eye offending brine†. This means she was planning on wearing a veil as a closed order nun would, and cry in her bedroom every day. To do this for seven years seems to be a disproportionately long time, at that time the more normal period of grieving was six months or a year. Olivia has plunged into grieving with the same haste as Orsino has into love. The way in which Olivia grieves is in stark contrast to that of the other female protagonist, Viola. At the time the play is set, it would have been hard to be an independent women, as most women were looked after by their husband, family or employer. Both Olivia and Viola have been put into this situation by the death of their brothers, but they both cope with it in different ways. While Olivia becomes withdrawn, Viola, although initially devastated, immediately takes constructive action to get out in the world and take control of her own well being. She constructs a plan with the help of the Captain to become Cesario and disguise herself as a eunuch (a castrated male servant with a high pitched voice) to go to serve the Duke. You can read also Audience Adaptation Paper Olivia becomes dependant on the only remaining men in her life, but who are also the wrong sort of men. These men are Malvolio, her head servant, her uncle Sir Toby Belch, a drunkard, and Sir Andrew Aguecheek, Sir Toby's idiotic friend who he has brought to the household as a suitor for Olivia. She is letting her servants run the household for her and Sir Toby and Sir Andrew are getting away with the heavy drinking and irresponsible behaviour that would normally have got them thrown out the house. These are the only men she has seen since the death of her brother, so when she sees Viola/Cesario she falls for her, because compared to the men she has been with Viola/Cesario would seem to be perfect. One theme which is touched upon in the first scene and later recurs throughout the play is that love is seen to be destructive. While in the first scene Orsino claims that when he first saw Olivia he thought she â€Å"purged the air of pestilence†, Olivia talks of the plague in Act 1, Scene 5 as destructive. She says â€Å"even so quickly may one catch the plague?† to tell Viola/Cesario that she is falling in love. By comparing it to the plague she shows she does not want to fall in love, but is going to do nothing to stop it as she says â€Å"well, let it be†. Another comparison made to illustrate loves destructiveness is with the sea. Orsino again uses metaphors to make his point, comparing love to the sea. He says that the spirit of love â€Å"notwithstanding thy capacity, Receiveth as the sea†. What he means is that his love has the capacity of the sea, but nothing that enters retains its value, the sea and his love both destroying everything. He echoes this sentiment in Act 2, Scene 4 saying that his love is â€Å"all as hungry as the sea, and can digest as much†. In this scene, Shakespeare consciously echoes the words of his opening theme. In Act 2, Scene 4, Orsino continues to ponder the nature of love as he does in Act 1, Scene 1. He is questioning Viola/Cesario on who it is she has loved. She is trying to hint that it is him by saying they are of his complexion and his years. Orsino thinks that men are fickle and that Viola/Cesario shouldn't love a woman older than herself. He says â€Å"our fancies are more giddy and unfirm, more longing, wavering sooner lost and worn, than women's are†. He is saying that men are shallow, and that they will lose interest when a woman loses their looks, so men should always marry younger women. In Act 1, Scene 1, he shows how hard it is for him to keep interest, even when he is so in love it is all he can think about. The very first line of the play is â€Å"If music be the food of love, play on†. Orsino wants the music to stimulate thoughts of love, he wants more. In the last line of the scene this is also shown, when he says â€Å"away before me to sweet beds of flowers: love-thoughts lie rich when canopied with bowers†. He wants to maintain his heightened emotional state and he needs it to be artificially induced because eventually he will be doing it because he feels he has to, rather than because he wants to. He wants to continue in this state until â€Å"The appetite may sicken and so die†.

Thursday, August 15, 2019

Pest Analysis for market occupying Essay

Pest analysis: The following pest analysis has been created for three markets separately. Pest analysis stands for political, economic, socio-cultural and technological environment. Use of the pest analysis guides our company to work according to the changes taking place in these categories. Moreover good use of the analysis assist the company to avoid taking action that is condemned to failure from the outset, for reason beyond its control. The following is a pest analysis created for the market occupying Dubai and London. Socio-cultural: There is vast cultural difference in regard to locals in these countries. Both the countries’ population consists of various other nationalities. Dubai and London has tolerance of other religions and culture. Population density: London (12,450/sq mi (4,807/km2), Dubai 408.18/km2 (1,057/sq mi). Political: Legal and regulatory bodies: Both the countries share strict aviation based regulation and laws. Regulatory body for London: CAA (civil aviation authority) Regulatory body for Dubai: DCAA (Dubai Civil aviation Authority) There is no such political conflict in this market, which makes business between these two countries quite versatile. Market: Dubai and London Economical: London: Gross Domestic Product (GDP) increased 0.8 per cent Dubai: finance official predicts the UAE economy will top US$272 billion (S$361 billion)- 2010 Foreign exchange market: Pound sterling- 12.9% (daily share). London’s largest industry is finance. Tourism is one of London’s prime industries. Dubai is also an international financial centre and has been ranked 37th. Technological: Dubai’s industry growth had given way for technological advancement. Use of  technology has increased: London based companies in Dubai. London has various companies advising on the use of new technologies to other companies. Airlines based in Dubai use advanced technology to operate their businesses in London and Hong Kong. Pest analysis occupying the market in Dubai and Hong Kong: Socio-cultural: Hong Kong: the culture is a mix of the Chinese roots with influences from its time as a British colony. Dubai: Dubai is a highly cosmopolitan society with a diverse and vibrant culture. Honk Kong Population density: 6480/km2 16,576/sq mi. Dubai 408.18/km2 (1,057/sq mi). Dubai and Hong Kong has an established business link, which is an advantage to the aviation industry. Political: Legal and regulatory bodies: Dubai’s aviation regulatory body: DCAA (Dubai Civil aviation Authority), Hong Kong: Civil Aviation Administration of China. Government of Hong Kong: Non-sovereign partial democracy with unelected executive. Hong Kong continues to follow the English Common Law tradition established under British rule. Dubai and Hong Kong has no existing political conflicts. Market: Dubai and Hong Kong Economical: Hong Kong: an important centre for international finance and trade. Hong Kong dollar: 2.4% (daily share) Hong Kong GDP growth rate: economy is expected to grow 5 percent in 2010, may shrink 2 percent this year. Unemployment: 4.3% (July 2010). Main exports partners: China, US and Japan. Technological: Dubai’s industry growth has given way for technological advancement. The Innovation and Technology Commission (ITC) in Hong Kong supports applied  research and development (R&D) and technology transfer and application. Hong Kong has seen a rise in technological advancement which has contributed to economic and social development. Pest analysis for market occupying in London and Hong Kong: Socio-cultural: Hong Kong: the culture is a mix of the Chinese roots with influences from its time as a British colony. In terms of population, London is the 25th largest city. London is also home to sizeable Muslim, Hindu, Sikh, and Jewish communities. Social trend (London and Hong Kong): career oriented, working class, low level of death rate. Technological: The Innovation and Technology Commission (ITC) in Hong Kong supports applied research and development (R&D) and technology transfer and application. Hong Kong has seen a rise in technological advancement which has contributed to economic and social development. London has a vibrant and growing IT sector. The region boasts over 350 companies with approximately 8000 employees. Economical: The Hong Kong Stock Exchange is the 6th largest in the world. London is a major financial centre for international business and commerce. Public debt: London: 68.5% of GDP (2009 est.). Hong Kong: 14.5% of GDP (2008 est.) Labor force: Hong Kong: 3.64 million (2007 est.) London: provincial unemployment rate fell from 8.9% to 8.6%. (2010) Market: London and Hong Kong Political: Legal and regulatory bodies: Hong Kong: Civil Aviation Administration of China. London: CAA (civil aviation authority) Hong Kong follows a free trade policy and hence  maintains basically no barriers on trade. There are various laws and regulations implied on businesses being set up in London, even for trading as well.

Wednesday, August 14, 2019

Litigation in Cloud 9 Energy Drink Essay

Pune Following the confirmation of the state public health laboratory about the energy drink ‘Cloud 9’ containing more than the permissible level of caffeine, the state Food and Drug Administration (FDA), Pune region, has now filed an application seeking judicial action against the manufacturers and distributors of the drink Pushpam Foods and Beverages and Goldwin Healthcare Private Limited. The manufacturer had made misleading statements on the label that suggested that the drink was recommended for medical purposes. â€Å"We have now filed an application seeking judicial action against the offenders,† said C D Salunkhe, Assistant Commissioner, state FDA, Pune office. A central notification, issued on June 19, 2009, says energy drinks should not contain more than 145 parts per million (ppm) of caffeine, while the earlier official cap was 200ppm. Many popular energy drink brands thus overshot the limit by nearly 100 ppm. â€Å"It was a clear violation of a 2008 amendment to the Prevention of Food Adulteration Act banning energy drinks with caffeine content more than 145 parts per million (ppm). We sent samples of the drink to the public health laboratory and they have confirmed that the level of caffeine was 228. 2 ppm,† says the laboratory report that gave its findings recently. Chetan Chopra, director of Pushpam Foods and Beverages said that the product was already in the market before the new rules came into effect on June 17, 2009. â€Å"How can the FDA apply the new rules about the change in the caffeine limit to the products which were already manufactured in December 2008? How can the new standards be applied on the old products,† he said. Vasudeo Kolte, quality control manager of Pushpam Foods and Beverages said, â€Å"Our product was manufactured in December 2008 and hence it was already in the market as per the then prescribed rules. We have followed all the regulations and will challenge the case in court. † It was in November 2009 that the state FDA, Pune region seized over two lakh cans of ‘Cloud 9’ energy drink from godowns in Pune and Mumbai. â€Å"The stock, worth Rs 77. 3 lakh, is still lying in the godowns and the FDA has filed an application with the chief judicial magistrate’s court to destroy it,† said M S Kembalkar, a food inspector who was part of the investigation. The report has also pointed out that there were misleading statements on the label, which contravenes Rule 37 and 39 of the Prevention of Food Adulteration Act. The category of the proprietary food has to be clearly mentioned. The label suggests that the food is recommended for medical purposes. It says that it enhances physical endurance, stamina and strengthens immunity apart from fighting fatigue and enhancing alertness. However, the caffeine content has exceeded the permissible limits.

Adventure tourism

Adventure tourism is a type of niche tourism involving exploration or travel to remote areas, where the traveler should expect the unexpected. Adventure tourism is rapidly growing in popularity as tourists seek unusual holidays, different from the typical beach vacation. Mountaineering expeditions, trekking, bungee jumping, rafting and rock climbing are frequently cited as an examples of adventure tourism. Adventure travel is a type of tourism, involving exploration or travel with perceived (and possibly actual) risk, and potentially requiring specialized skills and physical exertion. Adventure tourism is rapidly growing in popularity, as tourists seek different kinds of vacations. According to the U. S. based Adventure Travel Trade Association, adventure travel may be any tourist activity, including two of the following three components: a physical activity, a cultural exchange or interaction and engagement with nature. Adventure tourists may be motivated to achieve mental states characterized as rush or flow,[1] resulting from stepping outside of their comfort zone. This may be from experiencing culture shock or through the performance of acts, that require significant effort and involve some degree of risk (real or perceived) and/or physical danger (See extreme sports). This may include activities such as mountaineering, trekking, bungee jumping, mountain biking, rafting, zip-lining, paragliding, and rock climbing. Some obscure forms of adventure travel include disasterand ghetto tourism. [2] Other rising forms of adventure travel include social and jungle tourism. Adventure travel involves exploration or travel to remote exotic areas. Adventure tourism is rapidly growing in popularity as a tourist seeks different kinds of vacations. Any constructive activity which tests the endurance of both a person and his equipment to its extreme limit is termed as Adventure. Adventure travel involves exploration or travel to remote exotic areas. Adventure tourism is rapidly growing in popularity as a tourist seeks different kinds of vacations. Any constructive activity which tests the endurance of both a person and his equipment to its extreme limit is termed as Adventure. India Offers a wide range of adventure sports for tourists. Trekking and Skiing in the Himalayas, White Water Rafting on the Ganges and Beas, Camel and Jeep safaris in the deserts of Rajasthan, Paragliding in Himachal, Watersports in Goa and Scuba Diving in Lakshadweep and Andaman are just some of the options available to the adventure seeking tourists. The perennial challenge of the Himalayas for mountaineers. Coniferous forests and flower meadows welcome the trekker. And the rapids of snow-fed rivers are ideal for white water rafting. Lakshadweep offers excellent wind surfing, snorkelling and scuba diving in the crystal clear waters of the lagoons which surround each island. Initiatives of Ministry ot Tourism to Promote Adventure Tourism As per the policy for the diversification of tourism product of India, special attention is being given for the development of Adventure Tourism in the country. The Ministry of Tourism has also issued Guidelines for Approval of Adventure Tour Operators, which is a voluntary scheme, open to all bonafide adventure tour operators. The Ministry of Tourism has also formulated a set of guidelines on Safety and Quality Norms on Adventure Tourism as BASIC MINIMUM STANDARDS FOR ADVENTURE TOURISM ACTIVITIES. These guidelines cover Land, Air and Water based activities which include mountaineering, trekking hand gliding, paragliding, bungee jumping and river rafting. Central Financial Assistance is being extended to various State Governments/ Union Territory Administration for development of Tourism Infrastructure in destinations including Adventure Tourism destinations These include facilities for trekking, rock climbing, mountainreering, aero-sports, winter/ water related sports, trekker huts, wildlife viewing facilities etc Financial assistance for purchase of water sports equipment consisting of kayaks, canoes, paddle boats, fibre glass boats, hoyercrafts, water scooters, etc. are also provided to State Governments. The Indian Institute of Skiing Mountaineering has been made fully operational in Gulmarg from January 2009. This institute now has its own building and all modern equipment and training facilities for adventure sports. Various adventure courses have been started and are being successfully run by this institute. The National Institute of Water Sports, another organistion of Ministry of Tourism based in Goa, is getting a new building and facilities upgraded for training in water sports activities. The Ministry is working with the Indian Mountaineering Federation and Adventure Tour Operators Association of India to explore positioning India as an Adventure Destination. Ministry of Tourism has been following up with concerned related Central Ministries with regard to facilitation for development of adventure tourism. As an outcome, the Government of India has given security clearance for opening of 104 additional peaks in Jammu and Kashmir ( Leh Area) subject to stipulations and clearances form State Govt. , Home Ministry and other concerned agencies. The opening of the additional peaks will help in positioning the Indian Himalayas as Adventure tourism destination.