Reflecting on one’s Communication Skills Essay

Introduction Nursing students can enhance their learning through reflection that is, reflecting on a situation that involves nursing care (Parker 2006, p.115). In line with this thought, I shall reflect on an experience and discuss the communication skills I used or should have used during the patient encounter. I will use the three what model based on the work of Borton (1970) and Boud (1985) to help structure my reflection. Before going any further, I am invoking the provision in the NMC (2008) code which declares the need to respect people’s confidentiality; hence, the identity of the patient who will be cited in this reflection will be kept anonymous. He will be given a pseudonym and will simply be referred to as Mr. B What? Mr. B is a 75-year-old patient in a nursing home diagnosed with dementia. Initially, it was my mentor who initiated nursing care to him and I was instructed to continue its delivery. The rationale why my mentor assigned me to Mr. B was so I can sharpen my communication skills. During my interaction with Mr. B, I tried to remain calm and spoke in slow and short sentences. I also used simple words although at times, I cannot help but repeat what I have already said because I was not sure whether the patient understood my statements. So What? At first, I was honestly hesitant and quite nervous when I interacted with the patient. I was already aware of his condition; hence, I was in a dilemma as to how I can communicate with him. This experience helped me realise that communication is truly an important part of nursing practice. Mastering all the routine nursing tasks and other complicated nursing interventions will all have been for nothing if a nurse does not know how to initiate a nurse-patient therapeutic relationship or interaction which naturally begins with communication. To simply put it, Ellis, Gates and Kenworthy (2003, p.214) declare that good communication is vital to effective nursing. According to Collins (2009) good communication helps build a therapeutic relationship which is central to nursing. It is a must for a nurse to be able to communicate effectively with the patient because communication is the tool that will allow the nurse to reassure a patient, empower the patient, motivate the patient, put a patient at ease, and convey understanding of the patient’s concerns (Collins 2009). I realised that communicating with a patient with dementia is more difficult than I have actually predicted. His condition was definitely the barrier that hindered effective communication. Even though I spoke in clear, short and simple sentences, there were still instances when the patient did not understand what I said or may be pretended to have not heard what I said. With this, I realise that one effective counter against such circumstance is to establish and maintain genuine rapport with the patient which can be done through frequent therapeutic conversations with the patient. Rapport entails trust and confidence of the patient to the nurse. Without, a nurse will have difficulty convincing a patient to follow instructions or adhere to advices. The experience also led me to realise the importance of valuing non-verbal communication. Before, I honestly took for granted non-verbal communication because the patients I handled in the past had no cognitive impairments that hindered verbal communication. It was only during this experience that verbal communication is less reliable due to the patient’s condition. This experience pointed out that a patient’s facial expression, presence or absence of eye contact, and bodily gestures can all help decipher a patient’s mood, feelings and attitude towards the nurse and the interventions given by the nurse. Videbeck (2010, p.107) relate that it is crucial for a nurse to understand what a patient is trying to communicate by means of observing non-verbal cues. I learned that a truly competent nurse is someone who is able to assess not only what a patient can verbalise but also assess those non-verbal cues displayed by a  patient which may lead the nurse to truly unde rstand how the patient feels and what the patient needs. Now What The experience helped me learn the importance of both verbal and non-verbal communication. As an aspiring nurse, I have to continuously sharpen my communication skills because I shall be interacting with more varied patients in the future. I have to be able to establish rapport with each new patient and I can do this by communicating with them. I must maximise my communication with my patients because I can do a lot of things by communicating such as motivate, empower, educate and understand my patients. Conclusion To sum up, reflecting on an experience will help discover different important learning. It will increase one’s knowledge identify strengths and weaknesses in one’s skills. Communication is key to building rapport and therapeutic relationship with patients. A nurse must always improve on his or her communication skills in order to better deliver nursing care. References Collins, S. (2009). Good communication helps to build a therapeutic relationship. (online) available at: http://www.nursingtimes.net/nursing-practice/clinicalspecialisms/educators/good-communication-helps-to-build-a-therapeuticrelationship/5003004.article Ellis, R., Gates, B. and Kenworthy, N. (2003). Interpersonal communication in nursing: Theory and practice. London: Churchill Livingstone. Nursing & Midwifery Council (2008). The code: Standards of conduct, performance and ethics for nurses and midwives. London: NMC. Parker, M. (2006). Aesthetic ways in day-to-day nursing. In: Freshwater, D. (Ed.). Therapeutic nursing: Improving patient care through self-awareness and reflection. London: SAGE Publications Ltd. Videbeck, S. (2010). Psychiatric-mental health nursing. 5th edn., Philadelphia: Lippincott Williams & Wilkins. Introduction Aseptic technique is the practice of carrying out a procedure in such a way that minimises the risk of introducing contamination into a vulnerable area or contaminating an invasive devise (Dougherty and Lister 2011, p.129). Aseptic technique includes several methods such as sterilising instruments, using antiseptic hand scrubs, and donning of sterile gowns, gloves, caps and masks (Cho and Alessandrini 2008, p.43). In line with this thought, this essay will explore the underlying rationales and evidence for the performance of two common methods of aseptic technique. These methods are hand washing and gloving which I personally performed many times during practice placements. Practising Aseptic Technique The delivery of effective nursing care rests on the hands of the nurse. This statement does not only apply figuratively but also literally because the hands of a nurse must not only be capable of performing tasks, it must also be clean while performing such tasks. Hand washing is simply indispensable in the performance of any and all kinds of nursing care activities. It becomes too mundane that sometimes it is intentionally or unintentionally neglected or performed in a manner that is less than satisfactory. As a student nurse, it was made clear to me that proper hand washing is a very important initial step in the delivery of nursing services. I have performed hand washing countless times, some at an acceptable standard while others below standard. The origin for strongly recommending or rather enforcing the need to perform hand washing may be traced from Dr. Ignaz Semmelweis who advocated the performance of hand washing with a chlorinated solution among doctors before assisting women in labour (Case 2011). White (2005, p.527) defines hand washing as the rubbing together of all surfaces www.newessays.co.uk and crevices of the hands using a soap or chemical and water. It is a part of all types of isolation precautions and is the most basic and effective infection-control measure to prevent and control the transmission of infectious agents. Hand hygiene which includes hand washing and gloving, is the single most crucial means of preventing transmission of antibiotic-resistant organisms such as the methicillin-resistant Staphylococcus aureus or MRSA and vancomycin-resistant Enterococci or VRE (LeTexier 2011). The National Institute for Health and Clinical Excellence (2003, p.28) or NICE in its guideline for infection control dictate that hand washing and gloving are two fundamental modes of preventing healthcare-associated infection. The World Health Organization (2006) highly recommends that health care workers wear gloves to prevent microorganisms present on the hands to be transmitted to patients and to reduce the risk of workers acquiring infection from patients. The effectiveness of donning gloves in preventing contamination of infectious agents has been confirmed in many clinical trials (WHO 2006). To reiterate, both hand washing and gloving are two of the most indispensable methods of aseptic technique; however, amidst the overwhelming evidence on the benefits of both procedures, there are still erring professionals. Nurses, doctors and other health care professionals still do err in the performance of such procedures. In my case, I have done it many times before but sometimes, I still forget to do it or consciously neglect to do it. Perhaps, the problem lies not within the knowledge of the need to perform it but rather on the manner by which it should be perform. There are varying ways and means of performing hand washing. In fact there are different kinds of hand washing. There is the medical hand washing which is similar to ordinary hand washing and there is also the surgical hand washing. Every institution has its own version on how to perform hand washing. This is also true for donning gloves. There are different brands of gloves each of which advertise some form of advantage over the other. There are also different modes of donning gloves such as the open technique and the close technique. There are also different varieties of gloves like clean gloves and surgical gloves. The differences and varieties with the way hand washing and gloving may be performed may account for the reason why some professionals err in the performance of these two important aseptic technique procedures. Another factor in the possible non-compliance of some healthcare professionals may be related to convenience in the performance of such procedures. For instance, when a nurse is overwhelmed by work-related stress due to high inpatient census, sometimes, the simple act of washing hands is intentionally neglected. As a solution to this, it is recommended to make hand hygiene convenient (JCR 2009, p.64). Instead of the traditional soap and water, it is possible to achieve the same effect with alcohol based scrub; thereby, eliminating the need for washing hands with water. It is also advisable to choose gloves that have special fit for different sizes of hands rather than the fit-all type of gloves. Conclusion In summary, hand washing and gloving are two common types of aseptic technique which are indispensable in the everyday practice of nursing. It has been well established that hand washing and gloving are crucial in the efficient delivery of services particularly in the aspect of preventing the spread of infection. Despite this known fact, some still err in complying with such procedures. References Case, C. (2011). Handwashing. [online] Available at: http://www.accessexcellence.org/AE/AEC/CC/hand_background.php Cho, C. and Alessandrini, E. (2008). Aseptic technique. In: King, C., Henretig, F. and King , B. (Eds.). Textbook of pediatric emergency procedures. Philadelphia: Lippincott Williams & Wilkins. Dougherty, L. and Lister, S. (2011). The Royal Marsden Hospital Manual of Clinical Nursing Procedures: Student edition. 8th edn., Chichester: John Wiley & Sons Ltd. Joint Commission Resources (2009). Meeting joint commission’s infection prevention and control requirements: A priority focus area. 2nd edn., Illinois: Joint Commission Resources. LeTexier, R. (2011). Preventing infection through hand washing. [Online].Available at: http://www.infectioncontroltoday.com/articles/2000/07/preventing-infection-throughhandwashing.aspx National Institute for Health and Clinical Excellence (2003). Infection control: Prevention of healthcare-associated infection in primary and community care. [online]. Available at: http://www.nice.org.uk/nicemedia/pdf/CG2fullguidelineinfectioncontrol.pdf White, L. (2005). Foundations of nursing. London: Thompson Delmar Learning. www.newessays.co.uk Nursing Essay: Sample World Health Orgnization (2006). The first global patient safety challenge: Clean care is safer care. [online]. available at: http://www.who.int/gpsc/tools/Infsheet6.pdf www.newessays.co.uk

Kate Chopin Response Question Help Essay

1. What features make The Awakening a â€Å"local color† story? The features that make The Awakening a â€Å"local color† story are Story points like how Edna comes in contact with creole women and how their societies differ from her own from the language, their status, and the way they express themselves, basically their community’s culture. 2. What customs and beliefs of Edna Pontellier’s society are significant in relation to her psychological development? Edna lives in a Victorian society where women are more than expected to conform to the ways of society allowing just enough independence to eradicate a sense of boredom in their repetitive daily routines of caring for their children and husband but little of themselves, however Edna holds thoughts of a romantic world deep in her heart and the meeting of the creole women like Mademoiselle Reisz, the model of what she could be, and Adà ¨le Ratignolle, the model of the life in which she refuses to accep t. Both of which propel her to change and accept her own independence. 3. What attitudes and tendencies in the Creole characters does Edna have trouble adjusting to? Edna struggled with adjusting to the creole women frankness about sex, and their desires. Initially shocking her with their ability to express themselves, Edna soon learns that their life style is the one she craves to pursue. 4. Why did Edna marry Leonce? Is he the model husband? Edna married Leonce because he was the ideal husband, hardworking could support a family, attractive and cared for his children and wife. However that’s where it stopped Leonce cared for his children and wife, loved his children but didn’t love Edna to the extent of letting her express herself rather he wanted her to conform t the life style she hated, the Victorian domestic wife. So in comparison to our society today he would not be a model husband our culture today describes marriage out of unconditional love rather than necessity. 5. What incidents in the novel reveal that he may not be a good husband for Edna? Leonce, on multiple occasions Leonce denies her claims of independence simply rejecting her ideas of herself expression ultimately creating a gap between Edna and himself a gap which would be filled by Robert. 6. How do Mlle. Reisz and Mme. Ratignolle function in  relation to Edna and the novel’s view of women as mothers and artists? In a way Mlle. Reisz and Mme. Ratignolle are two extremes; one being what Edna could be in accepting the Victorian society’s expectations of women, and the latter being the full rejection of the Victorian expectations. 7. What kind of mother is Edna? What kind of artist is she? Originally Edna was the Victorian’s ideal wife/mother only branching to art as a way of entertainment rather than expression, however she began to branch away from the norm., or rather â€Å"expected† behavior as both a mother/wife and as an artist. 8. How are the background characters such as the young lovers and the lady in black at the shore, significant in Edna’s story? The young couple and the lady in black act as identifiers of Edna’s own struggles with her own identity and status in society. The young lovers being a representation of how she imagined her romance with Leonce to be, being described as walking as equals. A feeling Edna feels she cannot hope to feel with Leonce.. The lady in black acts as an example of how a women is expected to at an older age wearing black dreary colors acting as a foreshadow of impeding death leaving a fatalistic view over the young couple’s future. 9. In detail, explain how the flashbacks to Edna’s past function. How does her father compare to the other men in her life? Her father was very strict with her as he was a protestant catholic very defined by the â€Å"norm†, however this didn’t stop him and Edna from getting along despite her claims of romantic independence. 10. How does the view of romantic love develop in the course of the novel? What is the doctor’s view of marriage and childbearing? It seems as though throughout the novel romantic loved is morphed into becoming an act of rebellion. The doctor notices her adoration for Robert, and her branching for independence however he also knows that even if he said anything there would be little Leonce could do to intervene without sparking a rebellion from Edna. It seems as though the doctor feels that both marriage and child bearing are not what necessarily define love, or a romantic relationship, something reinforced by Edna’s behavior. 11. Can you think of an emotional attachment and/or a romantic obsession you have studied in a previous work? How does that incident or character compare with Edna’s emotional and romantic relationships? A very strong emotional  attachment or obsession is apparent in Romeo & Juliet, it is similar to the awakening because on in both stories the main protagonist(s) are breaking the norm in order to pursue a romantics ideal life, even more so that they both end with suicide, leaves a pretty dark cloud over love triumphs type of writings. 12. What are the main images and symbols in the novel? The main symbols and images in the novel are: the birds, the sea, the two lovers accompanied by the lady in black, as well as the adolescent twins. 13. Why does Edna get involved with Alcee Arobin? Edna gets involved with Alcee to sate her physical desires in place of Robert, being in Mexico, and Leonce being restrained by his beliefs in society. 14. Why do you suppose critics were outraged at this novel in 1899, saying it committed â€Å"unutterable crimes against polite society† and should be labeled â€Å"poison† to protect â€Å"moral babes†? When hearing this I could only laugh as a friend of mine is very feminist and women empowered, when reading the critique’s reactions to the novels as â€Å"poison† , I came to the conclusion that they were outraged because they were either upset with Edna’s apparent likeliness to sex or her ability to easily move to other men, those critiques either saw this novel as Chopin’s way of describing the â€Å"real† woman or an over the top imagining of what every women desires, and out of jealousy of words to express simply criticized. 15. What is your reaction to the end of the novel? Do you agree or disagree with the reasons for Edna’s final action? In way I agree with her final decision, of course this does not mean I support suicide but It seems as though Edna had set herself up to never be happy in her society, and after multiple attempts to embrace this â€Å"new† culture that presented itself to her anyone she attempted to grow close to was restrained by that same society’s expectations, not willing to break the rules for her. In a way she was alone seeking a partner yet no one was reaching out as far as she was.

Final Project Research Paper Example | Topics and Well Written Essays - 1500 words

Final Project - Research Paper Example A training framework for employees in the application of the basic quality control tools is also created through this process (Tara, 2012). A storyboard is a visual display of the Quality Improvement story and normally it is mounted on a board in the area where the problem is occurring. This is because everyone can be able to see the problem and the progress made in solving process. A QI story has several uses: first, a team is able to organize, gather and analyze the data in a logical manner. Secondly, the progress of the team is also monitored (Tara, 2012). Third, the story facilitates the non members understanding of the process and the improvement. Lastly, the story makes it possible for presentations to be made to the management become standardized since everyone is familiar with the processes. The quality improvement story is a process that has several standard steps to be followed: 1. The problem area is identified 2. The causes of the problem are identified 3. The root causes of the problem are analyzed, identified and verified 4. The prevention action is planned and implemented 5. The effectiveness of the chosen action is checked 6. The process improvement is standardized 7. Future actions are determined Wellington hospital: Quality improvement story The wellington hospital conducted a quality improvement project which involved designing, developing, and implementing a quality improvement project that is based on accreditation. Team: 5 members Venue: wellington hospital building Team members: John smith Nelson Pulaski Dr. Theresa brown Rebecca Anderson Plan: to identify and plan for improvement in service delivery (http://www.thewellingtonhospital.com/) Identifying the problem area The areas for improvement were identified through the efforts of the team members and collaborations of the hospital’s departments. According to a survey conducted on all the hospitals in the state by EPIC sponsored by the association for public health institutions. I n 2011, 58% of the residents in the state knew very little about the services and products offered at wellington hospital. A review of the data also revealed that the people had little awareness and the knowledge of the quality of professionals in the institution (http://www.thewellingtonhospital.com/, 2012). Schedule of the plan A committee of staff committed to the process improvement comprising of administrators as well as top level managers. The team members also include the members who contribute to the quality assurance process as well as contributing to the project conclusion. A matrix diagram was created to document and understand the approach to be adopted. A time phased schedule was also created for the completion of the project (Hitoshi, (1985), Understanding the chance AIM statement Capacity Breakdown of the capacity Levels of learning Increasing awareness of the services in the public health services Relationship with the media Find the contacts to the media Learn the p ricing for the advertisements Past relationships Writing capacity Increasing the capability of the staff Developing the writing process Learn the standard formats in article writing John will write releases for the press The minimal writing process Public health topics Research and findings on the issues in the public health The issues which the hospital is currently facing Information to be released to the media Basic knowledge

Discussion board Assignment Example | Topics and Well Written Essays - 750 words - 1

Discussion board - Assignment Example Women should be allowed to exercise equal rights and societal privileges as men in all spheres of life. They should also be enlightened to use their numbers to end gender discrimination. Title IX is a federal law in the United States of America that prohibits gender or sex discrimination in education and learning institutions. The law lies under the umbrella of the Educational Amendments Act of 1972. According to this law, no person in the US should be excluded from active participation, denied the benefits or discriminated on the basis of sex in any educational program or activity receiving federal assistance. The law forbids denial of university services such as financial assistance, admissions, counseling and academic advice plus housing among others to individuals on the basis of sex. According to Simon (2005), the department of education has been mandated by law to oversee the implementation and enforcement of this provision. The court handles complaints from the students who suffer discrimination and offers disciplinary actions against the offending institution. The department is also in a position to conduct assessments of compliance in an educational institu tion with the aim of enforcing the law even when no complaint has been raised. Although the establishment was well intended, some intended consequences arose. First, there was a shift of discrimination and inequality from the favor of men as was before to disfavor of the men. Secondly, the amount of funds being used to expand the women’s collegiate sports is far more than that being used on men. This is not right and does not amount to equality. Thirdly, the provision that athletes per gender in an institution be proportional to the students per gender does not take into account the aspect of free participation and revenue generation. Therefore, the unintended consequence is that the law discriminates against men as it tries to reduce

Article response Essay Example | Topics and Well Written Essays - 500 words

Article response - Essay Example The privacy of application should be guarded strongly and safely against illegal use and collection; that is without the consent of the device and application users. This is because it leaves the users vulnerable to exploitation and abuse by application proprietors and developers, who collect the said information. As such, the report recommended by the FTC should be seen through to its end in implementation and enforcement as without it many will suffer under lack of privacy. Especially affected are those that are still considered underage children as companies tend to collect their data even more than adults. This shows violation of rights since children do not have the power to know and even take legal action against the companies of their own accord as seen in â€Å"indicated that they were under age 13 without permission of their parents or disclosure of how it would use the information† (Wyatt). As a result, the move is strongly recommended to protect the privacy of inter net users on their mobile devices. However, the report has some significant flaw that cannot be overlooked which acts as a deal breaker for me. This is the guideline created to ensure that application developers stick to the defined code of conduct, which greatly interferes with the sense of creativity and revenue generation for developers, as well as the unexpected failure to meet requirements. This is of considerable concern following that it is likely that some of the companies providing application may do their best to meet the demands of the report, and still fall short of the requirement. The above is unintentional and may lead in unfavorable consequences for vendors and not on the developers since vendors shoulder the liability of the failures of the developer. The issue of collection of data without the users consent is not a new thing since most application found on the android platform, and especially those developed by Google tend to

Text analysis and report based on Gees discourse analytical approachIt Essay

Text analysis and report based on Gees discourse analytical approachIt - Essay Example These render it interesting to submit to a Discourse analysis. The analysis of the text shall be in accordance with the theory by James Paul Gee that â€Å"interaction with text is necessarily a socially mediated process† (St. Clair & Phipps, 2008:91). Actually, social context circumscribes not only words but other elements of communication, such as readings (Knoester, 2009, p. 677) and actions (Gee, 2005, p. 590). What we say, are interpreted by society based not only on the practice (what is actually said and done), but also on social or historical attributes (such as race or religion) and belief or ideology (Gee, 2005:590). It is generally agreed that An Introduction to Discourse Analysis (Gee, 1999) is one of James Paul Gee’s truly significant treatise on the nature of Discourse, as acknowledged by Rodina (2007), Stibbe (2006), Jarvis (2006), Collins (2000), and Holmes (2000). On the other hand, Davies (2000), while lauding the simplicity and ease of approach of Gee in this book, stated that the latter’s informal writing style and simplicity of discussion tends to dilute the power of his message. The fundamental theory developed in this book is Gee’s seven building tasks for discourse analysis. The challenge of the exercise lies in not only relating the form and function of the text, but in finding specific â€Å"form-function correlations† that are in themselves juxtaposed with specific social practices indicative of social relationships (Gee, 2004:19). This paper shall attempt to apply this theory to the selection chosen for the purpose. The selection, Patrick Henry’s speech on Liberty, hereto attached as Appendix A, is unmistakably intended to highlight the significance of Virginia’s participation in the war against the British colonizers, during the American Revolution. In fact, it is a particularly good example of â€Å"making a mountain out of a molehill†. Coming into the convention, it is easy to

Thomas Davison finance report Essay Example | Topics and Well Written Essays - 2000 words

Thomas Davison finance report - Essay Example Salaries Wages and Payroll Costs A more detailed study of the available accounting data reveals that Salaries and Wages showed a 9.6% negative variance over the budgeted amount and Payroll Costs also showed a negative variance of 9.6%. While Salaries and Wages are basically the amount of money paid to employees and are self explanatory, it must be mentioned that Payroll Costs essentially consist of employers’ contribution to social security and other statutory expenditures incurred by an employer in connection with employing a personnel. These variances, though noteworthy, can, however, be explained. One must remember there is a genuine dearth of good manpower in the area of operation of our company and the management must be prepared to pay high remuneration packages if they are intent upon selecting the best that is available in the market. So, an increase in Salaries and Wages and Salaries is bound to happen if the company wishes to remain competitive. The increase in Payro ll Costs by almost an equal percentage is obvious as these are statutory liabilities that are bound to increase if Salaries and Wages increase. The main variance, however, lies in Recruitment Costs which is a massive 82% over what had been budgeted. This surely needs some serious analysis. Employee Training and Development Costs The foundation of any organization is talented and hardworking people who are the principal assets of any firm, especially one that is involved in providing consultancy services. It is an established fact that the growth of an organization requires continual infusion of quality staff and an organization can achieve its objectives only when it has the right person in right positions (Carlson, Connerley and Mecham 2002). But this is a continuous process that just does not begin and end with getting hold of suitable people and somehow put them on company’s payroll. Even in a situation where only a single job vacancy might attract a few hundreds of applic ations, there is a challenge of selecting the most appropriate one. Freshly appointed persons might need orientation training to familiarize them of the way things are done in the organization. And, in case they have been selected only on the basis of academic qualifications and aptitude for learning, they might need training in specific skills as well. The employee’s experiences during orientation and placement form their ‘first impression’ of the organization. So, any organization, especially a service provider like us that is so very much dependent on the quality of human resources available at our disposal we should be extra cautious about ensuring that the new recruits get a very good â€Å"first impression’ about our organization. This would motivate employees and who does not know that a motivated employee is the costliest resource that an organization can ever possess. However, training and development is never restricted to new employees. Even ex isting employees, whilst on job, need training for up-gradation of knowledge and skills and for preparing for higher responsibilities. One should never lose sight of the acutely competitive market where we operate. It is absolutely necessary for our company to be well acquainted with cutting edge technology in order to remain at the top of the heap and this can only happen if there is a continuous system of training and deve

Beneficiary Interest Vs. Trustee Power Essay Example | Topics and Well Written Essays - 1250 words

Beneficiary Interest Vs. Trustee Power - Essay Example Trustees, having legal title to the property can exercise control over the property via the powers and rights bestowed on them by the settlor, who himself may be a beneficiary or trustee. These rights and powers arise from their office; they are to be exercised in their capacity as trustee and in the interest of beneficiaries who have beneficial ownership. With this beneficial title comes in equity, rights in respect of the trust rights themselves although not direct rights to possession of the trust property, (Law Commission 2011, P.227).These rights vary with the kind of trust created. The separation of ownership is one of the defining features of trusts .These powers pertain particularly in the trustee’s duty to invest the trust funds, duty to keep trust accounts and a duty to distribute trust assets according to the specifications of the trust. For breach of his duties, a trustee is liable for breach of trust for which the beneficiaries can sue for a money judgement. Benef iciaries have a right to due performance of the trust and to be considered. Powers of Investment The duty of investment has two major components: a duty to invest trust fund so as to be fair or even-handed between the different beneficiaries classes and a duty to invest the trust rights in such a manner as to protect them risk but also ensure reasonable returns.What amounts to investment is a matter of case law. In Re Powers, the court rejected the purchase of a house as residence for the beneficiaries as an investment because there would be no receipt of income from this. As pertains to even-handedness, the benefit of trust property is often divided into income and capital beneficiaries and it accrues as rent, dividends and so on. The guiding principle being that the character of an expense or receipt determines who bears it, hence capita for capital beneficiaries and expenses of an income nature are borne by income beneficiaries, (Penner 2008, P.275). Where such divisions cannot b e made, for example where all investment is income as in cases of wasting assets or where the investment doesn’t generate any income a trustee may favour a capital over an income beneficiary or vice-versa. Courts thus impose a duty of fairness requiring the trustee to equally weigh the capital in the making of his investment decisions. As demonstrable by the New Zealand case, Re Mulligan (1998), the duty to invest is a fiduciary one and only by being even-handed can he be said to have acted in the best interests of all beneficiaries. In the case the trustee investment choice maximised the income of the life tenant but there was little capital left in the fund on her death. Interestingly, Cowan v Scargill (1985) Megarry V-C held that trustees’ refusal of an investment plan amounted to a breach in trust. The standard of prudence required is subject to reasonableness, a trustee isn’t expected to overcome the market or save the fund from declining economic woes. The higher the risk of an investment the higher the returns to it. Historically, courts favoured safer options and until recently confined trustees to fixed interest government securities despite the broadness of investment clauses as designed by the settlor of the estate. Once interpreted restrictively, investment clauses are now given their plain meaning, Re Harari’s Settlement Trust, (1949). The Trustee Act gives the legal investment in the absence of clear instructions on the settlor’s part. The law gives a trustee limited powers to delegate investment-making decisions as is the power to appoint

A Tragedy that Resulted from the African Diaspora Research Paper

A Tragedy that Resulted from the African Diaspora - Research Paper Example However, the concept of African Diaspora resulted when the West Africans regained their traditional customs, and reformed their religion, language, and culture. However, they have not been able to regain that identity that they lost in the slave trade. This loss of identity has made them suffer from racial discrimination since the time they were transported into the Western hemisphere (Berkin et al. 2011). It was not planned, but was a natural course of action. The Diaspora has given rise to anti-black sentiments all around the globe. These sentiments are not only for African-Americans, but for all blacks anywhere in the world, including African, Caribbean, and otherwise dark people. There is an interesting history of a mish-mash of African identity in America. This paper tends to discuss the theory of cultural materialism in relation to loss of identity in African Diaspora, and strives to answer the complex question regarding how the African Diaspora has created an impact upon the A frican identity throughout history. The anthropological theory of cultural materialism has been presented by the iconoclastic anthropologist, Marvin Harris (1927-2001). Erickson and Murphy (2008, p.148) state in their book that, â€Å"Cultural materialism addresses a central problem for scientific anthropology: people can be both subjects and objects of scientific investigation.† This means that people have the right to think as they like, and say about them as they wish. Where the true knowledge resides, is answered by Harris in two domains. One is mental domain, and the other is behavioral domain. Mental domain is based on what people think, and the behavioral domain is based on what people actually do. The Diasporic sense of blackness relates to cultural materialism in that, the mental domain makes the Africans fight back for their lost identity, while the behavioral domain is based on how they behave in the society, and how the society understands their behavior. This beh avioral domain is what has been the reason for labor market discrimination or racial discrimination that the African-Americans have been seeing through ages (Mason, as cited in Conrad, 2005, p.141). The question that arises now is- How the African Diaspora has affected the African identity throughout history? Thesis: Africans lost their identities in the African Diaspora. Anti-thesis: Africans regained their identities in the African Diaspora. Synthesis: Although Africans have made struggles to regain their traditional customs, religion, and cultural practices in the new world, yet they have been unable to find their lost identities, due to which they have been subject to racial discrimination since the slavery trade till date. To start with, let’s define who a slave is. A slave is a person who is owned by another person for labor, and who does not have an identity of his own. Does this definition mean that Africans should always be understood as objects of ridicule, not havi ng identities of their own, and meant for slavery of white people? This question has yet not been answered even after the end of the period of slavery. Black people in America are yet supposed to suffer from discrimination and a loss of identity, in all physical, mental and social terms. Nothing has been done ever, or can be done, to make them reform their true identities with which they lived in their own homeland. Affirmative action policies and anti-racism actions cannot bring

Comparing the Electoral and Party Systems of China and Russia Essay Example for Free

Comparing the Electoral and Party Systems of China and Russia Essay The collapse of the international socialist network changed the world at the turn of the century. The failure of the many socialist regimes ended the confrontation between East and West and provided an opportunity to restructure the international order. The individual states of East Asia, Central and Eastern Europe, China and the former Soviet Union took differing paths and chose differing restructuring strategies, which themselves led to different courses of transformation. The former hard-line socialist regimes of Russia and China had to face the challenges brought by the new world order specifically on altering its political structures. This paper would compare the government and politics of China and Russia focusing on the electoral laws and their impacts on the party system. Moreover, this would try to recommend some possible measures to ensure the development of democracy for both countries and to address some of their problems. Russia is a vast country with an imperial and authoritarian past. By area, Russia is the largest country in the world, almost twice the size of the United States. The population includes numerous minorities, with 36 national groups containing more than 100,000 people, Russia’s rulers have in the past been autocratic empire builders, basing their imperial expansion on control of the serf society and a rural community. Russia’s experience in communism represented a culmination of a authoritarianism. The Union Soviet Socialist Republics encompassing 15 European and Asian Republics, formed the former Russian Empire. The politics of Russia take place in a framework of a federal presidential republic. According to the Constitution of Russia, the President of Russia is head of state, and of a multi-party system with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President by the parliaments approbation. Legislative power is vested in the two chambers of the Federal Assembly of the Russian Federation, while the President and the government issue numerous legally binding by-laws. Although Russia has traditionally been ruled by absolute monarchs and dictators, it currently has a democratic system of government. Since gaining its independence with the collapse of the Soviet Union at the end of 1991, Russia has faced serious challenges in its efforts to forge a political system to follow nearly seventy-five years of Soviet rule. With a new constitution and a new parliament representing diverse parties and factions, Russias political structure subsequently showed signs of stabilization. As the transition period extended into the mid-1990s, the power of the national government continued to wane as Russias regions gained political and economic concessions from Moscow. Although the struggle between executive and legislative branches was partially resolved by the new constitution, the two branches continued to represent fundamentally opposing visions of Russias future. One of the world’s oldest civilization consisting states and cultures dating back thousands of years ago is China. It is a cultural region, ancient civilization, and nation in East Asia. The deadlock of the last Chinese Civil War has resulted in two political entities using the name China: the Peoples Republic of China (PRC), administering mainland China, Hong Kong, and Macau; and the Republic of China (ROC), administering Taiwan and its surrounding islands. It has the worlds longest continuously used written language system, and the source of some of the worlds great inventions including paper, compass, gunpowder, and printing. The Peoples Republic of China is working within the framework of a single-party socialist republic. The will of Chinese citizens is expressed through the legislative bodies of the Peoples Congress system. Peoples Congress members at the county level are elected by voters. These county level Peoples Congresses have the responsibility of oversight of local government, and elect members to the Provincial Peoples Congress. The provincial Peoples Congress in turn elects members to the National Peoples Congress that meets each year in March in Beijing. Current political concerns in China include lessening the growing gap between rich and poor, and fighting corruption within the government leadership. The support that the Communist Party of China has among the Chinese population in general is unclear because national elections are mostly CPC dominated, as there are no opposition political parties and independent candidates elected into office are too scattered and disorganized to challenge CPC rule. According to Hague and Harrop, â€Å"Party systems are the interaction between the significant political parties. In a democracy, parties respond to each other’s initiatives in a competitive interplay. The party system also reflects legal regulation applying to all parties. In China, a dominant party system is in place wherein one party is a constant component of the executive, governing either alone or in coalition. The dominant party system was more common in the twentieth century than it is today and China is one rare example. The dominant party of the PRC is the Chinese Communist Party (CCP). The leadership of the CCP is enshrined in the PRC Constitution. State power within the PRC is exercised through the CCP, the Central Peoples Government and their provincial and local counterparts. Under the dual leadership system, each local bureau or office is under the theoretically co-equal authority of the local leader and the leader of the corresponding office, bureau or ministry at the next higher level. The ruling Communist Party committee at each level plays a large role in the selection of appropriate candidates for election to the local congress and to the next higher level. China is a country that accepts involvement from multiple political parties. Apart from the CPC, the ruling party, there are eight political parties. They are China Revolutionary Committee of the Kuomintang, China Democratic League, China Democratic National Construction Association, China Association for the Promotion of Democracy, Chinese Peasants and Workers Democratic Party, China Zhi Gong Dang, Jiusan Society, and the Taiwan Democratic Self-government League. Most of them were founded during the anti-Japanese war and the national liberation war. They support the political leadership of the CPC, which has become their historical choice during the long years of cooperation with the CPC and through common struggles. Although there are other political parties present in China, these parties are not opposition parties, but parties participating in the discussion and administration of State affairs. Moreover, these parties serve to endorse CCP’s policies. Meanwhile, Russia is working on a multi-party system wherein the legislature comprises several minority parties, resulting in coalitions or minority government by the leading party. The multi-party system in Russia resulted to the rise of not just one political party unlike the case of China. Although, United Russia occupies the majority seats of the Duma, the seats obtained by the Russian Communist Party, as well as other parties, are significant in producing checks and balances to the Russian Assembly. Electoral systems were made to answer the question of how to convert votes into seats. In elections to the legislature, the main questions is whether an electoral system ensures that the seats obtained by a party are directly proportional to the votes received (Hague and Harrop 146). In China, the people do not directly elect delegates for the National People’s Congress (NPC). China practices democratic centralism wherein direct democracy is only practiced at the local levels and the elected delegates in the local people’s congresses in turn elect their representative at the NPC. Delegates for the local people’s congresses are elected using the first-past-the-post system (FPTP). FPTP is a type of non-proportional system wherein parties are not rewarded in proportion to the share of the votes obtained. Specifically, FPTP takes the plurality form of non-proportional representation where a candidate only needs a plurality of votes to win a seat and a majority of votes is not required. In Russia, seats in the Duma were formerly elected half by proportional representation (with at least 5% of the vote to qualify for seats) and half by single member districts. However, President Putin passed a decree that all seats are to be elected by proportional representation (with at least 7% of the vote to qualify for seats) to take effect in the December 2007 elections. Particularly, Russia is adapting the list system to confer delegates for the Duma. The list system is the most common method of proportional representation in which parties submit a list of their candidates and then the votes they obtain determines the percent of seats they get. In proportional representation, the goal is to represent parties rather than territories. For China, the adoption of the list system is recommended to develop a genuine opposition party. For many decades now, the rule of the CCP did not face any significant challenger in China. There have also been secessionist movements due to some ethnic and cultural cleavages such as the Tibetans who are lobbying from independence from China. The adoption of the list system would allow the voice of the minority to be heard in the NPC thus ensuring the democratic rights of the people. It will also make China less prone to violence, just like what happened in the Tiananmen Massacre were students on protest were open fired by Chinese military, since grievances can be acknowledge in government institutions such as the NPC. It is necessary to abolish democratic centralism since government processes are easily manipulated by local bureaucrats to advance their own selfish gains. Political reform in China is a matter of opening the ‘nominally open’ elections to other political parties. For Russia, the current electoral system is well on its way to democratize the Russian political system. However, the recent decree of Putin would make it difficult for smaller parties to obtain a seat in the Duma. Seven percent is such a high threshold and may cause the marginalization of the smaller parties and the domination of the more established ones. A lower threshold is hereby recommended and that Putin’s decree for the December 2007 elections should be repealed because it is a hindrance for the continuous democratization of Russia. These formerly hard-line socialist regimes have adopted measures to cope up with the new international order. However, not both were able to give way to democratization due to the electoral and party systems that they adapted.

Causes And Effects Of Traffic Congestion Tourism Essay

Causes And Effects Of Traffic Congestion Tourism Essay Jain, Sharma and Subramanian mentioned that congestion in the United States has increased dramatically since the last twenty-five years, which is the same as many countries that suffering from traffic congestion currently. From the authors prospective, one of the major causes of traffic jam in the most cities is poor road traffic management system. Increasing of traffic congestion every year is causing increasing of air pollution, wasting of time and productivity and causes diverse diseases such as, respiratory diseases. Moreover, the cost of solving or reducing traffic congestion is enormous. However, neglecting the traffic jam problem would increase the social problems among citizens. The next part of this essay illustrates many causes of traffic congestion in different cities around the world, and the effects of these causes on the environment. Furthermore, the solutions that solved the traffic jam problem, and the suggested solutions that could help to reduce the congestion in some cities. Causes and Effects This part of the essay demonstrates many causes, effects and possible solutions of traffic congestion problems. 1. Los Angeles (USA). Causes and Effects: One of the main causes of traffic congestion in Los Angeles (United States of America) is car culture, which means many people in the city or county owned private cars (Thisdell, 1993). Additionally, the land-use pattern is an important reason that makes people in Los Angeles were using private cars widely and made transport planning difficult. Furthermore, traffic congestion increased due to no underground railway and public transport in Los Angeles. Moreover, the high numbers of vehicles, which are a result of overpopulation and the economic growth, and the weak of public transportation, have a negative effect on the environment such as air pollution, which happened on Saturday when commuter traffic is insignificant. Sorensen (2009) illustrated many reasons that make Los Angeles have traffic congestion such as Common misconceptions and high regional population density. As an example of common misconceptions, people in Los Angeles love cars driving, which means the relation between people and their cars is very strong and described as loves relation. As an example of high regional population density is drivers were not consider roads as a problem of traffic congestion. Sorensen said that high population and some of the other factors that aforementioned could also make the traffic jam worse. Solutions: Thisdell (1993) mentioned that Los Angeles County transportation committee said creates more roads for cars will not solve traffic congestion problems, with increasing numbers of people and vehicles. Also, traditional public transport such as buses will be more effective in limited areas only. The committee suggested that Metro system, which is a complete project of public transport including underground railways, buses and developing motorways. It is clear that, the system has many advantages such as reducing time loss, increase productivity and cut pollution. However, the cost of making just the first part of Metro project was $1.35 billion. In addition, there are some threats to human life such as, gas and earthquakes. Sorensen (2009) mentioned about some short strategies that can solve traffic problem in Los Angeles such as, encouraging people to use ride-sharing and bicycles, improve the system of controlling the traffic light and make it more efficient, which are inexpensive so lutions but very effective and eco-friendly. The other solution is Peak -hour road pricing which make people pay some money to drive on specific roads at specific period of the day Downs (2004). This solution makes roads expensive and avoids traffic congestion at peak hours. 2. Dhaka (Bangladesh). Causes and Effects: The second cause that makes traffic congestion is lack of planning of city roads. According to Mahmud et al. (2012), Dhaka, capital of Bangladesh, is one of the most densely populated cities in the whole world. The population exceeded twelve million and still increasing daily; making the traffic jams a big issue for Dhaka government. According to their survey, many reasons cause this congestion such as, huge number of people live in the city and owned their cars and traffic rule violation. In addition, the roads are narrow, lack of Planning of the citys roads and bad traffic signalling. It is clear from the survey that the citys roads are the most problems that causing traffic congestion. Due to traffic jam, there are many impacts on the economy, peoples health and the environment. The economic impact describes as people losing some working hours, cars consumed more fuel and vehicle maintenance cost. Furthermore, people in Dhaka are suffering from inconvenience, breathing and eye pro blems which caused by pollution. Additionally, environmental problems such as, air and sound pollution are threatening peoples lives. Dey et al, (2002) mentioned that 86% of the general people who live in Dhaka considered noise pollution are a big issue for them. For instance, a high percentage of students said they studied in a noisy environment. Solutions: Many solutions considered for solving Dhaka traffic congestion. According to Mahmud et al. (2012) survey, three different points to curb traffic jam were mentioned as follows: the first point is considered residents point of view [figure1], which including suggestions such as, increasing peoples awareness about traffic causes and their impact on the environment. In addition to that, 16% of people think that improving public transport is an important solution that can reduce the cost and time for them. As well as, scheduling different times to commence schools and government offices to avoid a traffic jam on the roads. The second point is vehicles considerations [figure2], which mean vehicle operators, could help to reduce traffic congestion. It is clear from [figure2] that, 41% of operators considered making strict rules of the roads, that every driver should follow these rules, as an effective solution to curb traffic jam. Moreover, 16% of the operators suggested decentralization solution, which means distribute the main offices and shopping cen tres far from city centre to avoid a huge traffic on the road going there .The third point takes the experts point of view, which were classified into three parts. The first part is the short-term solution (5 years) that can reduce roads jam temporarily as improving traffic light systems and increase the parking prices. The second part is the medium-term solution (5-10 years), such as improving the railways and makes it more efficient. The third part is the long-term solution (

The Mexican Revolution Essay -- Mexican History

The Mexican Revolution   Ã‚  Ã‚  Ã‚  Ã‚  There was a huge revolution in the country of Mexico that started in the year 1910, led by Porfirio Diaz, the president of Mexico in 1910. In the 1860’s Diaz was important to Mexican politics and then was elected president in 1877. Diaz said that he would only be president for one year and then would resign, but after four years he was re-elected as the President of Mexico. Porfirio Diaz and the Mexican revolution had a huge impact on the country of Mexico that is still felt in some places today.   Ã‚  Ã‚  Ã‚  Ã‚  The earliest start to the Mexican Revolution of 1910 happened one hundred years earlier when two priests, Miguel Hidalgo and Jose Morelos, led a stand against the Spanish colonial officials who were controlling Mexico at the time. On September, 16 1810 Hidalgo led Mexico's Indians in a revolution directed against the Spanish plantation owners in northern Mexico. He was motivated by a need for a new government and a re-location of both the church's and plantation owner's lands. Hidalgo and the Indians, armed with only farm tools and weapons, marched towards Mexico City. While Hidalgo was marching into Mexico City, Jose Morelos organized an attack force and began raiding Spanish plantations and towns. Hidalgo’s army was defeated in 1811 and he was executed. Jose Morelos took control of the revolution and led attacks until the Spaniards captured and killed him in 1815. When Morelos died so did the revolution of 1810.( www.tamu.edu/ccbn/dewitt/mexicanrev.htm, E ncarta 98) In 1876, Porfirio Diaz, an Indian general in the Mexican Army took control of the nation, and continued to be elected until 1910. This new era was too one way and started the Mexican Revolution. The government eventually allowed Mexico to fall into dictatorship that gave way to a new a powerful upper class. When Diaz came into power he had high hopes for Mexico's future, and established a stable government that rid the nation of crime. The quality of life improved around the towns and the cities.. The way the government worked was expanded when Diaz sent out his strong governors to rural areas. The military was made stronger by using more professional methods of training the soldiers. From this way of training came a military police force called the Rurales made of thousands of troops. This police force kept order and enforced Diazs' laws. Diaz also co... ...n Morelos. Zapata secured the town and then cut off the road to Mexico City. A week later Diaz realized he was in trouble and fled Mexico for Europe. After he left a provisional President and a large army that was led by General Victoriano Huerta. Soon after Diaz left Mexico, Zapata took Cuernavaca, the capital of Morelos, and he then rode to Mexico City where he met Madero, where he was declared President. The victory, however, was only the beginning of the problem that would come in Mexico. (www.tamu.edu.htm, Encarta 98)   Ã‚  Ã‚  Ã‚  Ã‚  Although the Mexican revolution ended shortly after, Mexico is still fighting for their rights from the government. Even today the Mexican army is killing there own people and then taking their land just like the government did in the 1800’s. This is just the begging of another revolution in Mexico. Porfirio Diaz and the Mexican revolution had a huge impact on the country of Mexico that is still felt in some places today. Work Cited Page 1. www.tamu.edu/ccbn/dewitt/mexicanrev.htm, Wallace L. Mckeehan 1997 2. Encarta 98, The Mexican Revolution. Don M. Coerver. 3. www.eh.net/AEH/archived/0200.html. Gomez-Galvarriato, Aurora 1997

Downloading Music on the Internet Essay -- Argumentative File Sharing

Who’s downloading? Throughout many years of the computer age there has been much advancement in computer technology. It first began with the people getting the Internet, then people began to understand the Internet, and then lastly people learned to overpower the Internet. Within the past several years the downloading music factor strongly took effect. To the majority of the internet population they tend to believe there’s nothing wrong with getting free tunes, but there is the select few who believe it is morally wrong. Overall, I truly enjoy having the free access to music; it enables you to try new music without bother making purchases and having a poor after effect. This is an excellent way to save money, as well as making your music selection more diverse. I can consider myself a good example of the music downlaoder; I have been around the computer age for several years and have learned a tremendous amount towards the Internet and its downloading. For recent experience I have gained a lot of information towards why music downloading is a great process. Most of the information presented here is mostly from experience and from recent article placed on the Internet. If you were to ask the average American if they believed downloading music is a good advancement toward the Internet society, in response you would get a 70% of the people agreeing with it. One person said, â€Å"Ever since downloading is begun, I have not only learned of new music, but have found bands I never thought I could get.†(Discovering computer 2003) From a typical user you can learn a whole lot when you’re not up to today’s status. A major reason why downloading is great is because it’s free, accessible and everyone can join in on it. All it consi... ... is the freedom of press and I acknowledge this and so does the law, therefore let this be and everyone will be happy. Money and time should not be wasted in the court systems anymore. Works Cited: Coates, J. (2002, October 28) Find song files from Napster by using .MP3. Chicago Tribune. pp. B19 Kloer, P. (2002, September) Celebrity TV ads will fight music downloading. Retrieved November 17, 2002 from http://www.accessatlanta.com/ajc/living/music/0902/27piracy.html McDonald, T. (2001, June) Bad News Keeps on Coming for Napster Users. Retrieved Novemeber 16,2002 from http://www.ecommercetimes.com/perl/story/11667.html Shelly, G., & Cashman, T., & Vermaat, Misty. (2002). Discovering Computers 2003. Boston: Thomson Course Technology. Weber, L. (2002, November 4). CD burning, song-swaps slow online music. Chicago Tribune. pp. A6.

Corporation and Profit Retention Essay

Sole Proprietorship: This is by far the most common form of business. It is the most common because it is the easiest to form. In order to create this type of business one simply has to â€Å"hang their shingle out† and let the commerce commence. However with such limited oversight also comes unlimited liability. Liability- Liability exposure with sole proprietorships is a huge draw back.. The owner and the business, legally, are one and the same. This leaves all the owners property ( and the business assets since they are one and the same) at risk. Income Tax- There are no real tax advantages at this level. It is known as a â€Å"pass through† entity. The income that is generated passes through the business to the owner. Taxes are paid at the individual level. Longevity- Unless the owners will provides specific direction in the contrary, the business is directly linked to the owners health. Since the owner and the business are legally indistinguishable from one another when the owner dies the business also dies. Control- Unlimited control is another attractive quality of Sole Proprietorships. Since legally there is no separation you may do with the company as you see fit. From what services are offered to what the logo looks like all decisions are the owners to make. Profit Retention- Since the owners efforts alone are responsible for the amount of profit generated, they keep it all. After the employees ( if any ) are paid what is left is the owner’s. Because they have total control, they may reinvest it in the company or they make take it all out. Location- Since there is no legal paperwork filed with any state agency, moving locations is as simple as driving to another state and setting up shop. That being said if you required state license in the original state, you would need the equivalent in the new location. Convenience/Burden- There are no legal documents that need to be filed with any state agency. Owner and company are indivisible so there is no paper work saying otherwise. At the most you may need to file a Doing Business As (D.B.A. ) with your local tax office to allow you to open a bank in the company’s name. General Partnership: This type of company is usually formed when two or more individuals with different skill sets get together. Each participant brings with them their own experience and skills in order to create a new venture. While the liabilities are not bore alone, the partners are not sheltered from them. Liability- While they are split in a predetermined percentage, the liabilities of a General partnership are unlimited. There is nothing that is off the table including your personal assets. Income Tax- There is no real tax shelter provided at this level. Income that is generated is â€Å"passed through† to the partners. They will pay taxes at the individual level. There are however, various tax forms that need to be filled out. Longevity- When a partner dies the partnership ceases to exist. The partners may not pass on the original partnership agreement to their heirs. There may be a buy/sell clause in the articles of partnership. Control- Complete control is given up to a vote of the general partners. If there is no consensus made, the articles of partnership should dictate how the disagreement is handled. Profit Retention- After the business debts are paid, the partners split the net profit. The articles of partnership will usually dictate the percentages, and if no mention is made it is assumed it is split evenly. Location- The fact that a partnership is not it’s own legal entity makes it relatively easy to move. If there is a market in a new location there is very little that prohibits moving. Convenience/Burden- While no state/federal documents are required, you will need an â€Å"Articles of Partnership† drawn up. This will act as the bylaws/charter for decisions and operations moving forward. There are a few tax forms that need to be completed by the partners at the appropriate time. Limited Partnership: This type of business is used more as an investment vehicle than a job or career. It allows an investment to be made and fostered from a distance. If you are the limited partner though, you may not have a hand in the day-to-day activities or management. Liability- As a limited partner your investment is your only liability. That being said your stake in the partnership is an asset that personal creditors may come after. Tax- As a limited partner your revenue from the company is federally taxed at the personal level. There are various situations to avoid taxation as a corporation. General partners must pay self employment tax. Longevity-A limited partnership is sometimes used as an estate planning tool. Therefore the continuity from generation to generation is very customizable. The limited partner may die and this will have very little impact on the business. Control- As a limited partner you have no say in the management or daily activities of the business. You may not bind the partnership to anything as a limited Partner. A general partner runs the daily operations and makes the management decisions. Profit Retention- If you are a limited partner you are entitled to the agreed upon amount of profit only after the general partner is paid. As a limited partner you have very little influence over the amount of profit generated. Location- Limited partnerships can change locations but it is inconvenient and could be considerably more expensive. Some states mandate the filing of tax forms for limited partnerships, not to mention some states have state income taxes. Convenience/ Burden- Articles of Partnership are needed. There are some states witch require registering limited partnerships, and strict attention should be paid to the activities witch the IRS considers â€Å"corporate.† C Corporations: C Corporations are a legal entity unto themselves. They shield the share holders, board members, and employees from liabilities. They have the ability to raise capital by selling portions of the company, and huge tax loopholes to shelter revenue. With all the loopholes however are huge tax burdens, often over 30% of the net. Liability- A corporation is a legal â€Å"being†. It can be sued, or bring legal action against someone. Therefore it provides a large umbrella for its owners and employee’s alike. When malfeasance occurs it will absorb the effects. Income Tax- Being it’s own legal entity is not cheap. The state that the business is located in could very well impose taxes, as well as the federal corporate tax rate witch is the highest in the world. Couple this with the fact that the employees that work there are then taxed again at the individual level, and you see how quickly things add up. Longevity- Corporations have the potential to last forever. Due to the fact that authority is so decentralized, one person getting ill or leaving the company is no more than a bump in the road. You could pass on your shares or stake in a company through proper estate planning. Control- If you were to incorporate your business it could be set up so that your family always had a seat on the board or always had voting rights at a shareholders meetings. However, especially in a public company, you must act in the best interest of the shareholders. No one person runs a corporation alone, there are shareholders, and usually board members. Authority being so decentralized makes complete autonomy very rare. Profit Retention- As there are many owners there are also many hands in the pot. The fact is that each shareholder is entitled to a portion of the company’s profit in direct relation to how much of the company they own. In closely held corporations this could be 3-4 individuals, but in a multi-national company this could be millions of people. Location- The federal government does not create any corporations. This is done at the state level. For a corporation to go from one state to another they would have to file as a foreign corporation. This can get expensive and legally â€Å"sticky† when deal with different state laws and agencies. Convenience/Burden- To incorporate a business is relatively easy. The challenge and burden comes in keeping it running and staying on the proper side of legal. It must file it’s own tax returns, contend with state and local laws, maintain the strictest accounting practices, conduct annual shareholders meetings, all while turning a profit for its shareholders. No small task. S Corporations- S Corporations are a legal entity. They offer a legal umbrella to their employees and owners as well. They have the ability to raise capital by selling off small pieces of themselves as stock. The S corporation has to follow the same strict accounting and reporting procedures as corporations, however their income is not taxed the same. Liability- An S corporation is a legal â€Å"being†. Therefore it provides a large umbrella of protection for its owners and employee’s alike. When malfeasance occurs it will absorb the effects. Income Tax- An S corporation is a specialized tax situation. It has most of the reporting and recording requirements of a C corp. but allows for the â€Å"pass through† of revenue to the individuals. The company The S corp. designation is however for federal purpose’s only, the state the company is in will certainly have it’s own laws. Longevity- S Corporations have the potential to last forever. Due to the fact that authority is so decentralized, one person getting ill or leaving the company is no more than a bump in the road. You could pass on your shares or stake in a company through proper estate planning. You could also have a seat on the board reserved for your family/heirs. Control- The fact is when a S Corporation is formed the corporation has to do what is best for itself. A lot like an autonomous person, it must continue to look out for its own survival. Normally one person does not dictate the course of a Corporation, there are several in charge of this. Profit Retention- Since there is no one individual at the pinnacle the profits are distributed through out. If there is a board of directors, share holders, stock owners, all of these individuals are entitled to a portion of the profits. Location- The federal government does not create any corporations. This is done at the state level. For a corporation to go from one state to another they would have to file as a foreign corporation. This can get expensive and legally â€Å"sticky† when deal with different state laws and agencies. Couple this with the fact that states deal with S corporations wildly different, from treating them like the federal government to not recognizing them at all. Convenience/Burden- To incorporate a business is relatively easy, although the fee’s can add up. S corporations must avoid several pitfalls so as they are not taxed like C corp.’s. This and the fact that the accounting is so stringent, they may not have over 100 share holders that meet once a year, and the laws so wildly differ from state to state make the burden factor high indeed. Limited Liability Company- With the protection of a corporation and the flexibility of a Sole Proprietorship, the LLC has become extremely popular since it’s recent creation. However they are not a vehicle for taking a company public, capital can be difficult to raise because the members will have to guarantee the loans, and the members must take care not to intermingle funds. Liability- The LLC, like a corporation, is it’s own legal â€Å"being†. It provides an umbrella for it’s members to operate under and not fear liability claims against themselves personally. Income Tax- LLC’s are in the unique position of deciding how they want to be taxed on a yearly basis. Most of the time LLC’s can function like other forms of small business. The income will pass through to the members who will then pay at the individual level. It does however have the option of paying at the corporate level so as to lower the tax bracket. (This is because the highest individual tax rate is higher than the corporate tax rate.) Longevity- If a member of an LLC dies or retires action will be determined by the operating agreement. This could include a buy/sell clause for the heirs, a transfer of ownership, or whatever state law dictates. In most cases Control- The fact that an LLC could be run by just one person means that he /she could have just as much control as a sole proprietor. The catch is with the finance’s. The finance’s must be maintained â€Å" at arms length† to maintain the corporate veil of protection. So long as this is done, the majority member/owner of the LLC has complete control. Profit Retention- The profits generated by the business flow to the members. The amount is in direct correlation with the amount of ownership each member holds. Location- All 50 states allow LLC’s now but the law varies wildly. Some states still want an ad run in the paper when a business is formed and others require a single 1 page form. To move from state to state can be done but the local laws might be prohibitive. Convenience/Burden- The LLC doesn’t require anywhere near the amount of accounting as a corporation. The articles of organization needs to be filed to create it and then the operating agreement dictates how it’s run.

Sustainable Quebec

In a world in which we are always depleting our natural resources further and further every day, countries need to develop ways in which they can heavily reduce, or eliminate, their dependence on these limited resources. Studies show that the world's supply of conventional oil will only last another 42 to 93 years; we need to develop plans to eliminate our dependence on this fossil fuel before we run out. In order to accomplish this task, a country needs to find ways to create, harvest, or discover new sources of energy that can be used to power our communities. Along with using new technology to create new sources of energy, we also need to work towards cutting back on current energy usage. One great way to figure out such a plan is to look at cities that are already on their way to accomplishing this task. One such city is Quebec, Canada. Quebec, Canada is the 7th largest city in Canada. It's population as of 2006 is 715,515 residents. It's located just over 500 miles north of New York City. Quebec is one of the most sustainable countries in all of North America. This is primarily due to one of its largest companies; Hydro-Quebec. Hydro-Quebec is an electric company that primarily relies on hydropower to create its energy. It has managed to accomplish an amazing feat by reducing its dependence on fossil fuels. Hydro-Quebec is a big believer in environmental sustainability. They have considered all aspects involved, including air quality, water quality, vegetation control, bio-diversity, eliminating contamination, improving the quality of life, managing electric and magnetic fields, managing nuclear power, using resources wisely, overseeing environmental initiatives, and ensuring environmental acceptability, all while still striving to be as independent as possible from the use of fossil fuels. I will be talking about just a few of these in order to convey their efforts and dedication to the environment. Hydro-Quebec has accomplished something remarkable. Quebec's main source of power is hydro-power making up a whopping 94% of its total energy supply. Only 4% of Quebec is powered by oil, 1.8% by nuclear power, and 0.2% is powered by other means of energy. This is simply amazing as hydro-power is a completely renewable source of energy. The way that water is used to create electricity is a very simple process. Hydro-Quebec has made good use of many of its surrounding rivers. Turbines are placed along these rivers which use the constant flow of the water to turn them. The turbines are hooked up to a gear system which through the turning of these turbines create energy which is then fed into the power grid and delivered back to businesses and households. One may think that this would create eyesores at all of Quebec's rivers, but in all actuality Hydro-Quebec only uses 2% of all of Quebec's rivers in order to produce this electricity. Now that you know how Hydro-Quebec creates its energ y, let's look at how it ensures sustainability. Air quality is one of the biggest issues when it comes to sustainability. Almost every form of power generation emits green house gases (GHG). These gases destroy our air quality and contribute to destruction of the Ozone layer, and an increase to global temperatures worldwide. By using hydro-power, Hydro-Quebec has cut their GHG emissions by a great deal. Every resident of Quebec produces one-half the GHG emissions of the average Canadian citizen, and one-sixth of Alberta's citizens. When comparing Hydro-Quebec's atmospheric emissions to that of its neighboring systems (New England, NY State, Ontario, and New Brunswick) it is drastically lower. Using the measurement of tons per terawatt hours, Hydro-Quebec emits 16,104 of carbon dioxide (CO2) compared to the neighboring system with 366,660. When it comes to sulphur dioxide (SO2), Hydro-Quebec emits 75, with the neighboring system emitting 1,271. And finally for nitrogen oxides (NOx), Hydro-Quebec emits, 29 compared to the systems, 455. These results clearly speak for themselves and show Hydro-Quebec's dedication to promoting high air quality. Another very important aspect of achieving sustainability is bio-diversity. With the use of natural rivers and streams there is obviously the risk of affecting aquatic wildlife. Hydro-Quebec has made valiant efforts to ensure minimal impact on these plants and animals. To operate their company Hydro-Quebec must build dams, generation stations, power lines, and substations, and in doing so wildlife protection must be considered. This is why Hydro-Quebec has taken measures to build and maintain their facilities in a way that has the least impact on fauna, flora and habitats. They also carry out initiatives to preserve biodiversity on their properties. Specific examples include creating solutions to benefit the following animals: Bald Eagle, Brook Trout, Eels, Lake Sturgeon, Mayapple, Shad, and Water Fowl. By protecting, and promoting the growth of these animals, Hydro-Quebec is playing a major part in increasing its city's bio-diversity, and getting just one step closer to a fully sust ainable city. Now that we have discussed how Hydro-Quebec is leading the way in Quebec to sustainability, we need to look at what the rest of the city is doing. Quebec's government as a whole is also doing their part to ensure the success of their future. Plans are in the works with Transportation-Quebec to improve all public means of transportation while ensuring public safety and convenience. Quebec has also partnered with the World Tourism Organization (WTO) to promote eco-tourism amongst its visitors. Along with their transportation industry, Loto-Quebec (Quebec's lottery program) is also doing their social part of having sustainability plans in place. There are many more companies, and organizations within Quebec that contribute to their sustainability, however I would have to go on for days in order to touch bases on all of them. It is rather apparent that Quebec has sustainability high in their priorities. Between running a full scale hydro-powered electric plant, and through organizing numerous projects with every aspect of Quebec's government and businesses, as a city, they are one of the most sustainable in North America. Considering all their results and performance, other cities looking to further their sustainability, should look to Quebec for ideas, guidance, and motivation.

Philippine History Essay

I admire what Jose Rizal did in helping and gaining the liberty and freedom of our country. What he did was heroic because he fought for freedom in a silent but powerful way. He did not form and train soldiers and use swords and guns in fighting for democracy. He did the very effective tactic in inspiring and educating his fellow Filipino. His writings were very powerful that had opened the eyes of millions of Filipinos in that time. It serves as their encouragement during their very disappointing situation. Jose Rizal awakened the Filipino’s hopes and dreams to have freedom and peace for every while living under the abusive and corrupt Spaniards. He expressed his love to the people through his inspiring novels, essays, articles and poems rather than a force of aggression. Rizal’s great love and sensitivity to the needs of the people especially to the misfortune ones was overwhelming as evidence by his sincere services to the people as doctor, engineer, teacher, artist, farmer, and the like. His impressive intelligence made a great impact to all and that’s what makes him the Philippine Hero.This is just some of Rizal’s traits that prove his heroic deeds to our country. His honoring deeds has to be followed and live by everybody. His example is exceptional and worthy to be called a Hero. I am convince that such act may seem unattainable but it starts with doing the right thing in some little ways may a big difference and impact to the society. Being a teacher was one of Rizal’s profession and if all teachers would have the same passion as of Rizal, surely a small town, city and country would also produce great students and/or citizens of our country. The Philippine revolution led by Andres Bonifacio was fueled by the writings of Jose Rizal, the Noli Me Tangere and El Filibusterismo, which made a more lasting impression. This is one of the best arguments of those who believe that Rizal is rightfully the national hero. Rizal was truly an inspiration to many Filipinos during the Spanish period. According to the historian Rafael Palma, Rizal was more deserving of the national hero title. Rizal was even thought to have suggested that Antonio Luna lead the revolutionary  forces since Luna has studied military science which was a brilliant idea to lessen casualties against the powerhouse Spanish militia. Rizal believed that only an army that was well prepared and had enough arms would ensure victory .

In Another Country Essay

War is the worst thing a mankind can face. For me, war is always associated with sadness, loss, grief and people’s bravery. And all these themes are brightly unfolded in the story â€Å"In Another Country† by Ernest Hemingway, which is under consideration. Hemingway is an American author of the 20th century, who won the Nobel Prize in Literature in 1954. The ones of his famous works include The Sun Also Rises, A Farewell to Arms, The Old Man and The Sea. The popularity of Hemingway’s is based on the themes, which are love, war, wilderness and loss, all of which are strongly evident in the body of work. The title of the story is puzzling, as it has two meanings: direct and indirect one. At first glance, â€Å"In Another Country,† refers to the fact that the American narrator is indeed in a foreign land-Italy. But the other side of it is that the main hero is culturally, emotionally in another country. He is at War, the country of the ‘so-called’ sickness and injuring. Now let me give you the brief reconstruction of the events. It was fall in Milan, a group of soldiers wounded in World War I received treatment at a hospital. There, one of the main characters, the narrator of the story, wounded in his knee, saw three Italian soldiers, but felt a great wall between him and them, because he had received his medal for being an American, and they actually performed feats of bravery to receive theirs. Another main character, the major with the withered hand taught him Italian. One day, the major became angry when Nick mentions about marriage, he burst out, because the major’s wife had just died. The major could not resign himself to the loss of his wife. He was crushed, shattered by the news. While reading the story we can state several key-points, which help us to understand and analyze the context. And the main of them, to my mind are war and bravery. First, let me dwell upon the bravery. The attitude towards bravery is different in terms of the characters of the story. The personality of the narrator is described indirectly, through his thoughts . He wasn’t a brave man during the war. â€Å"I was very much afraid to die†¦ and wondering how I would be when I went back to the front again’. As for the three soldiers, there was no notion of the bravery in the targets of any of these persons. The narrator calls them â€Å"hunting hawks†. They were hunting for medals, material values, given by the government, not for the faith. The attitude of the protagonist and the soldiers are also specific due to attitude towards the war, so was the major. We get to know from the story that they are Italian. They are very patriotic people, and their duty was to protect their country, as the war was on their territory. And the narrator was just an American, Let me quote : â€Å"I had been given the medals because I was an American†¦being wounded, after all, was really an accident. † He didn’t understand why people die, what they fought for. The problem of the ‘lost generation’ arises here. The fact is that Americans were indifferent to the war. Their aim was just to participate and being wounded. As the result, the relationship between the narrator and the soldiers were specific. Let me quote: â€Å"I was a friend, but I was never really one of them†¦ they have done different things to get their medals†, â€Å"I wasn’t a hawk†. As for the major, he didn’t believe in bravery at at. And Through his loss we understand that for the narrator the major was the bravest man of all, as he possessed a strong mind and tried to cope with his feelings like a brave soldier. We are to admit that the author uses different stylistic device, what makes the story more expressive, captivating and interesting to read. First of all it is the usage of foreign words, for instance â€Å"Signor Maggiore†, â€Å"A basso gliufficiali! †, which reflect the Italian atmosphere, where the action takes place. Other stylistic device is symbolism, which, to my mind, prevalent in this story. The recovering machines are the symbol of false promises and hopes. I quote: â€Å"†¦ there were large framed photograps around the wall, of all sorts of wounds before and after they had been cured by the machines†¦ I do not know where the doctor got them†, and this symbol also implicate with irony, e. g. â€Å"You will be able to play football again better than ever†. Other symbols, â€Å"roasted chestnuts†, â€Å"charcoal fire†, are the hopes for the better, because they mean light and warmth. The story makes use of repetition to emphasize the narration â€Å"In the fall the war was always there†, â€Å"It was cold in the fall in Milan and the dark came very early. † He repeats this idea with a slightly different emphasis at the end of the paragraph: â€Å"It was a cold fall and the wind came down from the mountains. † This description of nature here is also rather symbolic. It makes me feel the atmosphere of death and hopelessness. In conclusion I can say that it is smth bloody and sad. But through all these disasters we are to stay humans and bravery ones. The war will finish, but the human nature is eternal.

6333333333333

Wind power is the conversion of wind energy into a useful form of energy, such as using: wind turbines to make electricity, windmills for mechanical power, wind pumps for water pumping or drainage, or sails to propel ships. A large wind farm may consist of several hundred individual wind turbines which are connected to the electric power transmission network. Offshore wind farms can harness more frequent and powerful winds than are available to land-based installations and have less visual impact on the landscape but construction costs are considerably higher.Small onshore wind facilities are used to provide electricity to isolated locations and utility companies increasingly buy back surplus electricity produced by small domestic wind turbines. Although very consistent from year to year, wind power has significant variation over shorter timescales. The intermittency of wind seldom creates problems when used to supply up to 20% of total electricity demand, but as the proportion incre ases, a need to upgrade the grid, and a lowered ability to supplant conventional production can occur.Power management techniques such as having excess capacity storage, dispatch able backing supplies (usually natural gas), storage such as pumped-storage hydroelectricity, exporting and importing power to neighboring areas or reducing demand when wind production is low, can greatly mitigate these problems. Wind power, as an alternative to fossil fuels, is plentiful, renewable, widely distributed, clean, produces no greenhouse gas emissions during operation and uses little land Any effects on the environment are generally less problematic than those from other power sources.As of 2010 wind energy production was over 2. 5% of worldwide power, growing at more than 25% per annum. The overall cost per unit of energy produced is similar to the cost for new coal and natural gas installations. Although wind power is a popular form of energy generation, the construction of wind farms is not u niversally welcomed. Fossil fuels are subsidized by many governments, and wind power and other forms of renewable energy are also often subsidized. For example a 2009 study by the Environmental Law Institute assessed the size and structure of U. S. energy subsidies over the 2002–2008 periods.The study estimated that subsidies to fossil-fuel based sources amounted to approximately $72 billion over this period and subsidies to renewable fuel sources totaled $29 billion. In the United States, the federal government has paid US$74 billion for energy subsidies to support R&D for nuclear power ($50 billion) and fossil fuels ($24 billion) from 1973 to 2003. (Energy subsidies are measures that keep prices for consumers below market levels or for producers above market levels, or reduce costs) During this same timeframe, renewable energy technologies and energy efficiency received a total of US$26 billion.It has been suggested that a subsidy shift would help to level the playing field and support growing energy sectors, namely solar power, wind power, and biofuels. History shows that no energy sector was developed without subsidies. According to the International Energy Agency (IEA) (2011) energy subsidies artificially lower the price of energy paid by consumers, raise the price received by producers or lower the cost of production. â€Å"Fossil fuels subsidies costs generally outweigh the benefits.Subsidies to renewables and low-carbon energy technologies can bring long-term economic and environmental benefits†. In November 2011, an IEA report entitled Deploying Renewables 2011 said â€Å"subsidies in green energy technologies that were not yet competitive are justified in order to give an incentive to investing into technologies with clear environmental and energy security benefits†. The IEA's report disagreed with claims that renewable energy technologies are only viable through costly subsidies and not able to produce energy reliably to meet de mand.In the US, the wind power industry has recently increased its lobbying efforts considerably, spending about $5 million in 2009 after years of relative obscurity in Washington. By comparison, the US nuclear industry alone spent over $650 million on its lobbying efforts and campaign contributions during a single ten year period ending in 2008. Following the 2011 Japanese nuclear accidents, Germany's federal government is working on a new plan for increasing energy efficiency and renewable energy commercialization, with a particular focus on offshore wind farms.Under the plan large wind turbines will be erected far away from the coastlines, where the wind blows more consistently than it does on land, and where the enormous turbines won't bother the inhabitants. The plan aims to decrease Germany's dependence on energy derived from coal and nuclear power plants. Commenting on the EU's 2020 renewable energy target, Economist, Professor Dieter Helm, is critical of how the costs of win d power are cited by lobbyists. Helm also says that the problem of intermittent supply will probably lead to another dash-for-gas or dash-for-coal inEurope, possibly with a negative impact on energy security. A House of Lords Select Committee report (2008) on renewable energy in the UK reported a â€Å"concern over the prospective role of wind generated and other intermittent sources of electricity in the UK, in the absence of a break-through in electricity storage technology or the integration of the UK grid with that of continental Europe. Many wind power companies work with local communities to reduce environmental and other concerns associated with particular wind farms. In other cases there is direct community ownership of wind farm projects.Appropriate government consultation, planning and approval procedures also help to minimize environmental risks. Some may still object to wind farms but, according to The Australia Institute, their concerns should be weighed against the ne ed to address the threats posed by climate change and the opinions of the broader community. In America, wind projects are reported to boost local tax bases, helping to pay for schools, roads and hospitals. Wind projects also revitalize the economy of rural communities by providing steady income to farmers and other landowners.In the UK, both the National Trust and the Campaign to Protect Rural England have expressed concerns about the effects on the rural landscape caused by inappropriately sited wind turbines and wind farms. Some wind farms have become tourist attractions. The White lee Wind Farm Visitor Centre has an exhibition room, a learning hub, a cafe with a viewing deck and also a shop. It is run by the Glasgow Science Centre. In Denmark, a loss-of-value scheme gives people the right to claim compensation for loss of value of their property if it is caused by proximity to a wind turbine.The loss must be at least 1% of the property’s value. There have been numerous re ports of those living close to wind turbines suffering adverse health effects from noise, vibration and shadow flicker, and in 2009 New York Pediatrician, Dr. Nina Pierpont, claimed to have identified an effect for which she coined the term â€Å"Wind Turbine Syndrome†. An industry commissioned review of the current research on the possible health effects of wind turbine noise and vibration reported in 2010 that, â€Å"the sound (including sub audible sound) is not unique, and does not pose a risk to human health.Although the sound may cause ‘annoyance’ for some people, this in itself is not an adverse health effect. † The findings of the report have, however, been questioned on a number of grounds including; that the reviewing group did not include an epidemiologist, usually a given for assessing potential environmental health hazards, and that there was no clear description of the methods the researchers used to search for available research, nor how the y rated the quality of the research. In October 2010 The Society for Wind Vigilance held an international symposium concerning the subject.A study on wind farm noise published in 2012 by The US state of Massachusetts reported that people are annoyed by sound from wind turbines at far lower sound levels than they are by noises from railroads, aircraft, or road traffic. The study found the percentage of respondents who found noise levels highly annoying rose quickly as sound levels increased above about 37dbA (about the level of a conversation). Wind Power Is A very good resource for energy I think that everybody should use win power in the future