Corporate Law and Governance Essay

Question 1 Bryan, Sarah, Jason, Calvin and Rubini are interested in starting a travel agency specializing in tours around Sabah. They are keen in having an office at Damai, Kota Kinabalu and to hire a few staff. Their initial capital is RM30, 000 each. They are also planning to acquire MPV vans to cater to small groups of travelers. All of them agreed to be involved in the management of the business and to make decision together. However, they are seeking your advice as to which business structure would best serve their purpose.  Advise Bryan, Sarah, Jason, Calvin and Rubini. (15 marks) Question 2 If they have decided to form a private limited company for their business, what are the things they need to consider in incorporating a company? They would like to use Friendly Tours Sdn Bhd as the name of their business. Also, they agreed to appoint Rubini as the Managing Director of the company for 5 years. Advise them in the drafting of the Memorandum and Article of Association. (15 marks) Question 3 In May 2013, they would like to expand their business in exporting fresh food and vegetables to Sarawak.  They are not sure whether they are allowed to divert from their initial objective in travel agency business. They also would like to change their business name to Borneo Connection Sdn Bhd. In the recent meeting, Sarah was appointed as Managing Director of their business instead of Rubini as stated in the Article of Association. Advise Bryan, Sarah, Jason, Calvin and Rubini in the situations above. (15 marks) Question 1 There are three types of business structure which are sole proprietorship, artnership and company. Choosing the right type of business structure is one of the most important choices of all for which they have to make when starting a business. Not only will this decision has an impact on their liability, it will also affect their ability to raise capital, management and decision making rights. Since there are five people who are interested in starting new business, it is important for them to compare and choose whether a partnership or company will best suit to their purpose. According to Section 3(1) of Partnership Act 1961, a partnership is the relation which subsists between persons carrying on business in common with a view of profit. In other words, they must continuously carry on travel agency business and all partners agreed to operate the travelling business together with the intention to make profits from it. As for company, it is an artificial legal person who is bound by law to manage company. It is a separate legal entity for which its legal identity separates itself from its members, officers, employees and others who form the company. In term of management and decision making, there are two types of partners in partnership: dormant partner who is not participate in management of the firm and managing partner who manages and makes all business decision of the firm, subject to any agreement requiring them to obtain consent of all other partners. According to the situation, all five of them are agreed to be involved in the management and to make decision together, so it is confirmed that they are all managing partners of the partnership and it is clearly set out in their written agreement. Hence, they are entitled to manage the partnership together and they have a wider pool of skills, knowledge and experiences collectively from all partners, so they have more inputs and suggestions to a better management of the business. In decision making wise, any major decision relating to any change which will affect the nature of the partnership must obtain the consent of all partners by carrying out formal meeting. For instance, type of business carried on, admission and removal of partners, and dissolution of partnership. Otherwise, they can freely make decision in their own or perhaps together by carrying out a less formal meeting, provided they are acted in good faith. As for a company, although only person who are appointed as director has the power to manage the company, members of the company have the definite voting rights in any major decision making. So, director has to comply with statutory requirements, which is to carry out general meetings by sending out notices of meeting to all members and must pass certain resolution from the members in order to obtain their consent and reach a decision. Yet, the procedures in decision making in a company compared to a partnership is more tedious and time-consuming, especially when facing crucial matters to be solved in short amount of time. So, it is better to form a partnership in terms of management and decision making. As mentioned previously, partnership is not a separate legal entity and hence, they are having unlimited liability. All partners are personally and jointly responsible for all debts and obligations of the firm. Not only it might end up with dissolution of the partnership, personal properties of partners can be seized to settle the business when the firm’s fund is insufficient to cover debts and obligations incurred during the ordinary course of the business. Unlike a company, it is a separate legal entity which separates itself from its members. As a result, only company is fully liable for debts and obligations incurred by itself while members’ liability is only limited to the unpaid amount of their shares capital, as established in case Salomon v Salomon & Co Ltd. The creditors claimed that Salomon and his company were one and the same and they should be repaid in top priority. However, the court held that he is not liable for debts of the company due to separate legal entity. Hence, in the event of winding up, creditors cannot bring actions against members of the company to contribute more than their initial contribution in debts settlement and so, their personal assets are not affected. Therefore, it is better to form a company in term of personal liability. Apart from that, they are planning to acquire several MPV vans in order to support their business but apparently their initial capital contribution which is totaling RM150, 000 is merely sufficient to acquire one or two second-hand MPV van. So, in term of raising capital, partnership’s fund is raised through capital contribution by all partners. If they wish to raise more capital by admitting more partners into the business but prior to admission, they must dissolve the partnership and form a new partnership consisting old and new members again, and perhaps their previous written agreement must be re-wrote. However, continuous admission of new partner may not be the solution if they wish to expand the business as the amount of capital contribution from each partner may not collectively big enough to do so. As for company, a private limited may normally issue shares or debentures to family, friends or employees by way of a private arrangement while a public limited may invite public to subscribe for its shares or debentures. Also, a private limited may convert to public limited by passing special resolution to raise more capital. Despite the risk of being a new business and compilation of statutory procedures, the amount of capital raised may be relatively more than the amount of capital contributed by each partners in the partnership. Therefore, it is better to form a company in term of raising capital and business expansion. Furthermore, partnership is not a separate legal entity and it can be easily dissolved upon the death, retirement, or new admission of any partner. Hence, partnership’s duration of existence is uncertain and has a finite lifespan. Meanwhile, since company is a separate legal entity, it has the characteristic of perpetual succession. In other words, despite any changes occur in its membership, they should not worry about dissolution of the company as it is has an infinite lifespan and exists perpetually until it is legally wound up or deregistered. As such in case Re Noel Tedman Holdings Pty Ltd, a husband and wife who were the only directors and members of the company were killed in an accident but the court held that the company is not affected by the accident and would continue to exist. Therefore, it is better to form a company in term of duration of existence. In conclusion, compared to a partnership, they are recommended to form a company in terms of limited liability of members, easier to raise more capital and its perpetual succession. Question 2 When they have chosen to form a private limited company, they should appoint a promoter to assist them in formation of company by performing secretarial services. Firstly, the promoter must conduct name search on the availability of proposed company’s name. Next, incorporation documents such as Memorandum of Association (hereinafter referred as MA), Articles of Association (hereinafter referred as AA), statutory declarations and any prescribed forms must be lodged with Registrar of Companies’ (hereinafter referred as ROC) within three months from the date of approval of the company’s name. Upon submission of documents and payment of fees, ROC will issue certificate of incorporation to them. In MA, they need to state the name clause, registered office, object clause, share capital clause and liability clause. While setting out name clause, they need to apply name search to ROC to check on the availability of their company’s intended name which is Friendly Tours Sdn Bhd. However, care must be taken where they should not register their company in a name that in opinion of ROC is undesirable or unaccepted by the Ministers, and also confusingly similar to the name of an existing company. In addition, they must include ‘Sendirian Berhad’ or the abbreviation ‘Sdn Bhd’ in their company’s name as it is a private limited company. Once they obtain bona fide approval from ROC, the name is reserved for three months from the date of approval. Next, they should set travel agency business which tours around Sabah as their company’s principal object clause and from thereafter it defines their company’s legal capacity when entering into any contract. Yet, in order to expand their company’s legal capacity and evade ultra vires act, they are advised to draft their object clause in widest possible terms by including many conceivable forms of activities, either dependent or independent to company’s principal object clause i. e. ravelling business, and each of it should be regarded as a separate and independent object in its own paragraph. Furthermore, they have to state the amount of company’s initial authorized share capital, which is RM150, 000 and its division into shares of a fixed amount, which can be 150,000 ordinary shares of RM1 per share. They can increase or decrease their authorized share capital in future by passing ordinary resolution. Also, their liability as a member in the company also must be stated, which is limited to the unpaid amount on their share capital, to protect their personal assets in the event of winding up. Other information such as company’s registered office which located at Damai, Kota Kinabalu, subscribers clause and association clause must also be stated in MA. As a private limited company, it is open for them to decide whether to adopt its own AA which meets company’s requirements, adopt Table A of Fourth Schedule as its AA or a combination of Table A articles with specific articles designed to meet company’s requirements. However, under Section 30(2) of Companies Act 1965, Table A will be AA of their company if they failed to register its articles upon registration. Any further alteration of AA is required to pass special resolution under some conditions. In drafting of AA, information such as appointment and removal of directors should be included in AA. To be appointed as a director, Rubini must be a natural person which is at least 18 years old and not being disqualified from being a director. Since they are forming a private limited company, they are allowed to name Rubini as Managing Director of the company and state a five years term of office in AA provided she is not 70 years old and above. Then, they should ensure that the company has at least two directors including Rubini who shall be named in AA as the first directors of the company and will hold office until the first Annual General Meeting where they will automatically retire (except Rubini in this situation). If they adopt Articles 64, 66 and 67 of Table A, retiring directors may be reappointed and the company may increase or decrease the number of directors in a general meeting by ordinary resolution. Furthermore, board of directors may have the power to appoint anyone as a director either to fill in casual vacancy or addition to existing board members if they adopt Articles 68 of Table A. Also, they have rights as members of the company to remove a director by ordinary resolution before his term of office expires. Yet, it is always subjected to company’s AA such as a provision is provided not to remove a director. They should also include the duties and powers of being a director, for example Rubini must greatly exercise her duties of care, skill and diligence. Other officers such as company secretary and auditor must be appointed at least one in the company and his legal position and duties must be clearly set out in company’s AA. In addition, they should include rights of various classes of shareholders in terms of company’s profitability, repayment of capital, transfer of shares, and decision making process. Detailed information regarding share capital should be clearly furnished such as methods of issuance of shares, transfer of shares, share buyback and reduction of capital. For debenture holders’ protection, they may need to state rules relating any fixed or floating charges attaching to specific properties as a security to creditors in case of unable to repay any loan or borrowing. Notices and procedures to meeting and winding up also must be stated in AA. Apart from that, they must insert restrictions as contained in Section 15(1) of Companies Act 1965 into MA and AA as a result of being a private limited company. For instance, it restricts its members’ rights to transfer shares. It also cannot have more than 50 members. The company, too, cannot raise capital by a way of offering shares and debentures to public or the public deposit money with the company. In a nutshell, they will receive certificate of incorporation upon successful registration of the company. Certificate of incorporation signifies that their company has been duly registered on date mentioned in it and restrictions in Section 15(1) of Companies Act 1965 will be effective. Besides, incorporation may bring forth effect that the company is a body corporate with the powers of an incorporated company, where it may sue or be sued in its own name, has a perpetual succession, may own property and the liability of its members may be limited. Question 3 During commencement of business, the company may wish to expand its business, change its name or alter provisions relating internal management. The company is permitted to do so by altering MA and AA by virtues of Section 21 and 31 of Companies Act 1965. MA is allowed to be altered to the extent and in the manner which is provided by the Act under Section 21 of Companies Act 1965. Meanwhile, Section 31 of Companies Act 1965 states that articles in AA may be altered or added by special resolution and become valid as if originally contained in the articles despite subjected to few limitations. The first issue arises in this question is whether the company is allowed to divert their initial objective in travel agency business and expand their business in exporting fresh food and vegetables. Upon incorporation, the legal capacity of the company is defined by object clause which has been stated in MA and it is not allowed to enter into any contract with third party, of which the purpose goes against its object. Otherwise, such act by the company is deemed to be an ultra vires act. Hence, the contract cannot be ratified by the company and considered as void contract which is shown in case Ashbury Railway v Riche. The company entered into a contract to build a railway station in Belgium for which the purpose went against their object clause of making, selling and hiring railway carriages. The court held that the contract was considered as void as it was beyond the legal capacity of the company to undertake it. So, in their situation, the company is not supposed to enter into any contract including exporting fresh food and vegetables because their legal capacity is only limited to travel agency business which tours around Sabah. However, Section 20 of Companies Act 1965 has provided that even an ultra vires contract is still valid if it has been executed despite company’s lack of capacity to enter into it. Meanwhile, if the contract has yet to be executed, minority shareholders may file for injunction to restrain company from performing the contract. Nevertheless, it is for the company’s best interest to evade the purpose of ultra vires doctrine by altering its object clause under Section 28 of Companies Act 1965. In case Bell House Ltd. v City Wall Properties Ltd. , defendant refused to pay procuration fee to company on the ground that the contract was made outside company’s object clause. However, there was such clause in MA which allowed company ‘to carry on business or any trade whatsoever in opinion of board of directors be advantageously carried on by the company in connection with or ancillary to any of the above business or the general business of the company’. Although there was no relationship with main object clause, the court held that it was within plaintiff’s legal capacity due to the bona fide opinion of board of directors. Therefore, based on their situation, the company can widen the scope of object clause by adding such clause into their MA in order for them to expand their business in exporting fresh food and vegetables. Apart from that, notices must be sent out to all members within 21 days of the general meeting and the company must pass a special resolution from members who attend and vote at the general meeting. Then, if there is no objection to the alteration within 21 days after passing of resolution, the company has to lodge with ROC within 14 days in order for the alteration to come in effective. The second issue arises is whether the company can alter its name in MA from Friendly Tours Sdn Bhd to Borneo Connection Sdn Bhd. Prior to alternation, the company must conduct name search and apply to ROC to check on availability of its proposed new name which is Borneo Connection Sdn Bhd. It must also ensure that the new name is not undesirable or unacceptable in the opinion of ROC or similar to the name of an existing company. Once it obtains approval from ROC, the new name will be automatically reserved for 3 months and the company must perform steps to change its name within the reservation period. Then, under Section 23(1) of Companies Act 1965, the company must provide notice of 21 days to all members of the general meeting and pass a special resolution from members who attend and vote at the general meeting. Upon that, ROC will only re-issue certificate of incorporation under the new name i. e. Borneo Connection Sdn Bhd and effects are taken into place. However, the company remains the same legal entity as the change of name will not affect any rights or liabilities of the company. In the third situation, Sarah was appointed as the Managing Director of the company instead of Rubini as stated in AA. Firstly, the first issue arises is regarding validity of naming Rubini as Managing Director in AA. Section 123 of Companies Act 1965 has stated that a person shall not be named as a director or proposed director in MA or AA or company’s prospectus but this section is not applicable to a private limited company. So, it is valid to name Rubini as the Managing Director. Assuming Rubini’s term of office is not stated in AA, she will hold office until the next Annual General Meeting where she will retire automatically and may be re-elected for next appointment. However, there is also a possibility where members of the company may remove Rubini as Managing Director by ordinary resolution before her term of office expires. Hence, Rubini should be given special notice of 28 days of the general meeting where she is proposed to be removed. Yet, based on the situation, she was not given any notice regarding removal of her position and Sarah was directly appointed as the Managing Director and therefore, it brought up straight to the next issue on whether Sarah is eligible to be appointed as Managing Director. The person must be a natural person who at least 18 years old and above, has consented to appointment and not being disqualified from being a director can be appointed as a director. So, it is assumed that Sarah has fulfilled the criterion and she can be appointed as the Managing Director. Upon successful appointment of Sarah as the Managing Director, it brought up the key issue on whether the contract between Rubini and the company is in breach. Section 33(1) of Companies Act 1965 has explained that MA and AA perate as a contract which only binding the company and its members, and members amongst themselves, but not between the company and outsiders. Generally, director is merely an officer but not a member of the company and so, he is considered as an outsider. Since he is not privy to the contracts, he cannot enforce any rights that MA or AA purport to confer upon them. However, Rubini has been validly named as the Managing Director of the company in AA and so, she has a valid contract between the company and herself. Therefore, she can enforce her rights against the company if the company fails to observe provisions in AA. This situation is supported by the case Southern Foundries v Shirlaw. Shirlaw sued for breach of contract because he was removed by Federation Foundries which altered the articles of Southern Foundries to give them power to remove Shirlaw before his ten years term of office was expired. The court held that an alteration of the articles was not amounted to a breach of contract but their act on altered articles was deemed to be and, therefore, Shirlaw was only entitled to damages. From the case, judge of the case has laid down the general principles where a company is not precluded from altering its articles so as to give itself to act upon altered articles, but acting on altered articles is construed as a breach of contract. Moreover, no injunction can be granted to prevent the adoption of the new articles but damages was the only remedy for breach of contract. In Rubini’s situation, there is a breach of contract as the company appointed Sarah as the Managing Director instead of her who has been stated in AA and it was assumed that the alteration of articles was in progress. Yet, she cannot re-enforce her appointment since she cannot prevent company from altering its AA as it is given the power to do so under Section 33(1) of Companies Act 1965. So, she can only obtain damages for wrongful dismissal. In conclusion, the company is allowed to expand its business scope and change its name to a new name as long as it passes special resolution. However, Rubini was only entitled to damages as a result of wrongful dismissal because she cannot restrain the company from performing alteration in articles.

Nuclear-powered submarines

The war which the world feared upon never happened, the Cold War. United States of America and the Soviets are preparing for this battle as who among these super powers will really dominate the world. As a means of preparation they are to dominate the seas, especially the under sea navigational fleet, the Submarines.American leaders as a means of preparing for battle put their trust and confidence in their submarine force. Empowered by their own power plants these nuclear submarines are to dominate the seas with unbelievable sophistication and with weapons of incredible destructive power.The idea of submarine came from the Germans who were the ones who pioneered in the creation of the vessel during World War II (Weir, 1998). The US Navy has envisioned that submarines of the future would go deeper and move much faster. Thus as the years passed, the nuclear submarine was created.Under the US military force, the main mission of the first known SSBNs or â€Å"Ship Submersible Ballistic Nuclear† was for the prevention of war to happen. They are to be deployed to strategic sites for them to guard and thus to prevent war   (Weir, 1998). Because of their relentless power, as the nuclear is used to propel them, they have the capability to submerge and circumnavigate the world with fewer expenses. They can submerge for number of days to avoid detection and can easily guard strategic sites as their main mission. They are considered as the guardians of a possible nuclear war.According to David Munns in his book, the greatest advantage so that submarines, armed with ballistic missiles, can release its relentless power is that they have to be close to the shore. This idea was the main basis for the development of the undersea military force of both United States and the Soviet Union. Throughout the 45-year Cold War both countries developed submarines, especially nuclear powered, to gain intelligence or for espionage, due to its stealth power, and to attack and destr oy any possible enemy surface ships. Its powerful ballistic missiles have the ability to attack ground or land based targets. Both countries develop such powerful undersea fleet and were considered as the most potent nuclear threat for both of them. (Munns, 2004)The main idea was that to counter this powerful surface warships and nuclear propelled missile cruisers and aircraft carries they have to develop more powerful underground fleet (Munns, 2004). With the development of the nuclear power, the first ship that was ever built by the Americans that went to sea is the USS Nautilus. It went to sea on January of 1955. It is propelled by pressurized-water nuclear reactor plant. This firs submarine built by the Americans sets the new standard for submarines (Huchtausen, 2002).The Russians on the other hand, built their first submarine which went to sea on a much later date. The K-3 or also known as Leninsky Komosol, it is a part of the November class of attack submarines only went to se a only on 1958. This submarine was the first Soviet sub who have reached the North pole, only in 1962, which the United States first sub USS Nautilus have already done four years earlier. The November class submrines however had serious problems one example was the accident happened in 1968 of its K-27 due to a radioactive gas lead which killed 9 people (Huchthausen, 2002).The next Class of submarines that was built by the Americans was the Skipjack Class Submarines. Built in 1959, this attack submarine was the first to combine nuclear power which has extraordinary speed. This is more hydronamic which has a new teardrop hull design. All other US submarines that was created was based on this design. The known accident that happened for this class of submarine was on May 21, 1968 when the USS Skipjack Scorpion was lost in the sea and was nowhere to be found even due to extensive military search. All the 99 people aboard the submarine also lost their lives (Compton-Hall, 1999).The Sovi et built the Hotel-class submarines on 1960. This is the first Soviet Nuclear subs which carries with it ballistic missiles. The design of the November Class is much similar to that of the November class, but with much larger compartment to accommodate the ballistic missiles (Compton-Hall, 1999). On the same year the Skipjack Class was created, the US Military built the USS George Washington Class. Built and deployed on 1959, this submarine was the first Nuclear Ballistic missile submarine which was created. The main idea for this ballistic missile submarines was that it would attack land-based targets with its nuclear weapons. They are to be deployed near shore targets so that their long range missiles can easily hit their targets.The Soviets then build the Victor Class submarines in 1967. Their design was to attack enemy submarines and to protect surface ships of the Soviets. The new teardrop hull enabled the Victor Class to attain higher speed. The Soviets however abandoned the c onstruction of the second Victor submarine design after learning through spy information that the NATO forces could easily track them (Compton-Hall, 1999). Due to this, the Soviets created the Victor III submarine.The Americans on 1961 built the Thresher Class attack submarines. This submarine is much stronger, much faster, and can dive much deeper. It is also designed to be quieter than the Skipjack Class, the materials used in this class have more streaming improvements. The name was however changed from Thresher Class to Permit Class when the submarine Thresher sank in New England in 1963 killing all 129 crew (Huchtausen, 2002).In 1967, the Soviets created the Yankee Class submarines. This is the first Submarine that has the same firepower as that of the US submarines. This is much quieter than the Hotel Class due to a new hull shape, a new propeller design, and exterior sound-deadening coatings which is much harder to track. Several modifications were also made on this class, wi th its big design it was enabled to carry miniature submarines.On 1976, the Americans built and deployed the Los Angeles class. This class had 62 vessels built and is considered as the world’s largest nuclear-propelled submarine. This class was designed to primarily protect carriers and other enemy submarine. The purpose of this submarine was the same as that of the Soviet’s Victor Class. This submarine however was much more powerful than the Victor class because of its capability to do other special missions such as deployment of Special Forces on the ground and attacking larger targets. The Los Angeles class was also improved for better ice operations on the North and South Pole (Compton-Hall, 1999).The next class built by the Soviet and one of the last Class is the Typhoon class submarine. During its time, in 1981, it was considered as the world’s largest attack submarine. This improved design which is much quieter compared to its size. This submarine is also more maneuverable even if it is huge. The design of this submarine is much more complicated due to the existence of two pressure hulls which is parallel with each other and a third hull which is on top of them. This design increases its width and had simplified internal arrangements. Being part of a cooperative arms reduction program of the former Soviet states, six of the Typhoon class was dismantled in 2003 (Compton-Hall, 1999).The Ohio-class submarine is the last among the long line of designs of the ballistic-missile submarine fleet of US.   It replaced the old 1960s version and was larger and more capable than its precedents.   These subs can carry more and longer-range weapons, operate more quietly, and dive deeper (Compton-Hall, 1999).   Russia, on the other hand, designed the contemporary of Ohio, the Oscar submarines.   These are Russia’s largest and most advanced and are still active submarines.   Designed to attack U.S. aircraft carrier battle groups, it carries three times as many antiship cruise missiles than its predecessors (Compton-Hall, 1999).Norman Polmar and K.J. Moore, were two naval officials under the US Armed Forces who were interviewed by Munns in his book. They said that â€Å"the United States and the Soviet Union put to sea a combined total of 936 submarines, of which 401 were nuclear propelled,† during the whole Cold war from 1945-1991 (Munns, 2004). The Soviet Union was the one who is aggressive in the development of submarines. This development still continues until after the 1970’s where research and effort to make the vessels more powerful were developed.From the mid-1940s until early 1990s, Cold War was a period of conflict and competition between two superpowers, the United States and the Soviet Union.   It was also a period of great technological advancements in the military with no less than the development of nuclear submarines.   Faster, quieter and deadlier weapons were developed. It wa s also this same period which placed the entire world on edge. And knowing the potentials of these weapons, the war that never happened also brought unparalleled relief to mankind.WORKS CITED:Compton-Hall, Richard. The Submarine Pioneers. Sutton Publishing, 1999.Huchthausen, Peter. K-19: The Widowmaker—The Secret Story of the Soviet Nuclear Submarine. National Geographic Books, 2002.Munns, David W. Sea Power. May 2004. Retrieved at http://findarticles.com/?noadc=1Polmar, Norman and Moore,K.J. COLD WAR SUBMARINES: The Design and Construction of U.S. and Soviet Submarines.   Dulles, Va.: Brassey's, March 2004. 336 pp.Weir, Gary E. Deep Ocean, Cold War. Washington: Brassey’s, 1998.Evolution of Subs: U.S. and Soviet Submarine Milestones of the Cold War. National Geographic. ; http://www.nationalgeographic.com/k19/evolution_main.html;;http://www.navy.mil/navydata/cno/n87/usw/issue_7/deepocean.htm;

Mgt 445 Week 5 Individual Assignment: Article Analysis

A negotiation is a civil process that takes place to resolve and develop a solution between all parties involved. Negotiations take place between all types of parties; organizational and global. They are structured to resolve the situation in an orderly manner with steps and strategies. In 2003, a global situation occurred that required negotiation between countries. North Korea announced they were withdrawing from the nuclear non-proliferation treaty (NPT). Upon making this announcement, they also stated they do not intend on producing nuclear weapons.This information was revealed from the official North Korean News Agency, NKNA. When this was announced, it raised red flags around the world. Even though North Korea declared the withdrawal immediate, according to Article X, countries must give a three month notice before withdrawal. North Korea made the decision to withdraw from the NPT is based on Bush’s 2003 State of the Union Address, when he declared North Korea to be part of the ‘axis of evil’ along with Iran and Iraq (Global Issues, 2006).Since the United States were preparing to invade Iraq, they felt they needed to create a credible deterrent in case they were next. The non-proliferation treaty was developed to convince countries such as Argentina, Brazil, Germany, Japan, South Africa, South Korea, and North Korea to be non-nuclear countries. The treaty was enforced in 1970 and provided the framework needed to prevent the spread of nuclear weapons. A decade before in 1993, North Korea threatened to withdraw from the NPT.There were several bilateral negotiations that took place resulting in North Korea retracting their statements just a few days before the withdrawal became effective. Since North Korea was no longer an official member of the treaty, there were few obstacles stopping them from developing and selling nuclear weapons, technology, and materials to other countries. There are only a few countries that are not members of the NPT. These countries are India, Pakistan, Israel, and North Korea. There were several key factors in this initial negotiation of nations.In order to prevent other countries from evaluating their stand on the NPT, the Bush Administration developed a new approach to global security. Several key global arms control agreements were implemented, these agreements included the Anti-Ballistic Missile Treaty, the Biological Weapons Convention, the Comprehensive Test Ban Treaty, the Sort Treaty, and the process of strategic arms reductions with Russia (Global Issues, 2006). When North Korea decided to withdraw, they invoked their legal right to do so.The United States was worried that this action would increase international tension and risk Japan evaluating their position on nuclear weapons. Bill Richardson acted as a mediator between the United States and North Korea. After several discussions and negotiations, North Korea said they would halt all nuclear weapon developments. Shortly after making this agreement, they restated saying they would not give up their nuclear weapon program until the United States provides it with a civilian nuclear reactor.These actions made provisions for the entire treat to be reviewed, revised, and negotiated between countries. Actions or comments made by countries caused commitments to a nuclear weapons treaty to be revoked. This is a serious and sensitive subject globally and a nuclear war is feared by every country and their leaders. The same steps of negotiation are used in a global topic such as nuclear weapons and the NPT and it would be in an organizational negotiation.When these steps are carefully followed and sometimes calling in a third party mediator is necessary, a solution can be developed and implemented for the sake of all parties involved. References CNN World. (2003, January 10). Retrieved from Nuclear Weapons: North Korea Leaves Nuclear Pact: http://articles. cnn. com N Korea Withdraws From Nuclear Pact. (2003, Januar y 10). Retrieved November 9, 2012, from BBC News World Edition: http://news. bbc. co. uk/2/hi/asia-pacific. com Global Issues. (2006, October 26). Retrieved from North Korea and Nuclear Weapons: http://www. globalissues. org

Support for Soldiers who return from combat affilicited with PTSD Assignment

Support for Soldiers who return from combat affilicited with PTSD - Assignment Example This paper also hypothesizes the effectiveness of trauma management therapy as a behavioral treatment (Frueh, Turner, Beidel, Mirabella, & Jones, 1996). This therapy would make the soldiers learn how to manage their anger and how to function normally. Thence, this paper would like to validate the effectiveness of sand play therapy and trauma management in treating soldiers who suffer from the impediments of PTSD. Posttraumatic Stress Disorder (PTSD) has been considered as one of the major problems of the U. S Army organization because it triggered the thoughts of soldiers to remember death scenes. PTSD generates a system of how a psychological function of an individual is meddled by the occurrences of the traumatic events. Thus, PTSD controls the functional ability of the soldiers not to let bygones be bygones. This paper explores how Posttraumatic Stress Disorder greatly affects the organizational mandatory of the army and how the organization made ways to intervene the needs of the armies with PTSD. The main purpose of this paper is to delved in other psychological treatments such as sand play therapy and trauma management treatment that serve as mechanisms and moderators of the soldiers’ terrors toward death and threat. Posttraumatic Stress is a psychological disorder that makes an individual experiences nightmares and repetitive flashback of painful thoughts that hinder the focus of one’s mind. Moreover, one tends to avoid things that could make him remind of the traumatic event with the feeling of isolation and anxiety (Sherman, 2012). The U.S Army Organization is affected with the psychological effects of wars to the mass number of armies who get affected from depression, isolation and trauma in the battlefields (Little, 2012). The organization is also affected with the soldiers’ great possibility to retire at a young age, which may result to high unemployment rates of the military service (Mcfarlane & Bryant, 2007). A US soldier

The evolution of strategic intelligence analysis beginning in WWII Essay

The evolution of strategic intelligence analysis beginning in WWII trhough the Korean war - Essay Example Strategic intelligence involves acquiring information pertaining to military strategy and operation plans at the national level. In strategy intelligence, more focus is shifted on factors such as geography of foreign countries, long-term future planning trends and tactics. According to the DIA, strategic intelligence is a crucial implement in anticipation of future threats globally (Andrew 45). The World War II made America to realize the need for military intelligence in particular in terms of strategy. According to the Defense Intelligence Strategy (DIA), the Pearl Harbor attack by the Japans came as a huge surprise to the U.S presumably as result of inability or total failure by the government to predict the attack (Defense intelligence Agency). This is considered as one of the most noteworthy intelligence letdowns that subsequently led to the evolution of strategic intelligence. In the awakening of the Second World War, Andrew points out that the U.S. faced what he termed as a re volution in intelligence. In his opinion, both former presidents Truman and Roosevelt were incapable of grasping the full repercussions of the revolution. Roosevelt was, however, interested in human intelligence that was more spy-based instead of signal intelligence such as radio transmitter (Defense intelligence Agency). ... to an American and British Treaty that saw to the authorization and subsequent commencement of the development of the covert operations that were to gather relevant military information (Andrew). This also set up the foundation for the formation of government intelligence units such as the Central Intelligence Agency (CIA) as well as National Intelligence Agency (NSA). This was further augmented by Eisenhower who greatly contributed towards the development of strategic intelligence especially imagery satellites in an era where space explorations had not been launched. To do this, through the CIA Eisenhower deployed U-2 panes that surveyed the U.S. borders as well as some parts of the enemies’ territories (Prouty and Ventura 42). According to Prouty and Ventura, these steps marked a significant evolution of intelligence as the CIA started to invade areas that it was familiar with and in which it could establish its operations without being seen or observed by other parties with in the U.S. government as well as other enemies. Prouty and Ventura describes the CIA’s activities as a water spillage that spread quite fast. By the late fortes, the U.S. Air Intelligence Force was established by General Vandenberg that consisted of a number of units that was well equipped with military weaponry ranging from flight machineries to printing correspondents and leaflets distribution units. Upon their establishment, they were taken through a rigorous during training exercise, before being deployed to various parts of the world such as Japan. Some aspects of these units were greatly incorporated in the Korean War with some of the specialized sections made to work with the CIA in Asia, the Middle East and Europe as well (Johnson 163). Strategic intelligence was further boosted by

The UK Hotel Industry Essay Example | Topics and Well Written Essays - 5000 words

The UK Hotel Industry - Essay Example In spite of such diversity, a large proportion of work in the manufacturing industries to relates services. (Hoque 1999b). While human resources management as a concept attracted a lot of attention as a â€Å"more effective and productive approach to managing organizations key assets, its people†, there have been differences of opinion as to whether it is industrial relations management-personnel management (IR & PR) freshly packaged or a totally different discipline â€Å"aimed at integrating the management of people into overall business strategy and organizational goals† (Poole, 1990; Salamon, 1987; Storey, 1995b cited in Mc Gunnigle 2000). Three models of HRM have been suggested: normative" (prescriptive of an ideal approach); "descriptive" (identifying developments and practice in the field); and "conceptual" (a model for classification). (Storey 1992 cited in Mc Gunnigle 2000). In the normative model, HRM has a â€Å"team development† orientation, a â€Å" significant role for line managers† and seeks to develop an â€Å"organizational culture†. The conceptual model differs widely from IR-PR with as many as 27 differences listed. All researchers, however, agree that employee commitment is not only the dominant aspect of HRM but that it is the main differentiator between HRM and IR-PR. (Storey 1992 and Guest 1995 cited in Mc Gunnigle 2000).   The objective of human resource management is fostering employee commitment to enhancing employee performance. The rationale behind this premise is that employee commitment makes them more satisfied, productive, adaptable, willing to accept organizational goals and values and not mind to ‘stretch’ to meet these goals. ‘Stretch’, in this context refers to additional productivity, effective contributions and taking part in continuous improvement processes.

The Department of Corrections Assignment Example | Topics and Well Written Essays - 750 words

The Department of Corrections - Assignment Example This disparity could be attributed to the Supreme Court’s ruling in 2012 that ruled out US states from expanding Medicaid eligibility, which has led to a significant drop in the number of states adopting the Medicaid expansion. Moreover, even after the Federal Government gave consent to pay 100% Medicaid expansion costs for the initial three years and 90% thereafter, just 26 of the US’s 50 states have preferred to expand Medicaid (Rice et al, 2014). Such reluctance has left almost half of the eligible US residents with no Medicaid coverage. Another evident challenge is the increase in Medicare expenditure, 3 years after the Affordable Care Act’s (ACA) enactment. A few months after the inauguration of the 2010 ACA Act, expenditure indicated low levels perhaps due to Medicare payment cuts, reduced hospital readmission and growth of responsible care centers. However, there has been a rebound in the Medical Department expenditures due to the introduction of blockbuster drugs; thus, continually resulting in high spending. Similarly, it is increasingly becoming difficult to control costs as physicians and hospitals merge to augment their market in negotiations with major insurers (Rice et al, 2014). That notwithstanding, strong, and resolute opposition that has always come against major Medicare policies and plans in the US poses a lot of challenges. For instance, immediately after the ACA came into effect, opposition from Republican Party within the House of Representatives, voted persistently for the Act’s abolishment over 40 times. Consequently, out of 1507 national representative polled in 2014, only 37% were for the ACA whereas 53% were against it (Rice et al., 2014). Thus, this lack of political will has led to many residents being against Medicare proposals. Apparently the background of the challenges facing the Medicare department in the US is due to a series of poor plans and policies that

Factors affecting quality of MRI image.Benefits of circular or square Essay

Factors affecting quality of MRI image.Benefits of circular or square spiral EPI methods - Essay Example For example, if a spin is exposed to a magnetic field different from the expected value due to magnetic susceptibility, geometric distortions will be seen from the MRI image (Reinsberg, Doran, Charles-Edwards, and Leach, 2005). In particular, an increased spin produces MRI signals of low intensity, while high magnetic susceptibility areas are seen as areas of total signal loss (Zhou and Gullapalli, 2006). Figure 1 shows an example of metallic susceptibility distortions in the presence of metallic implants. Magnetic susceptibility In magnetic resonance imaging, tissues are temporarily magnetized by the large magnetic field that the imaged subject is exposed to, with the extent of magnetization varying among tissues that differ in magnetic susceptibility. For example, relative to other tissues, air and bone are less susceptible to magnetization. On the other hand, metallic implants have high magnetic susceptibility as compared to the body tissues. These differences in magnetic suscepti bility cause field inhomogeneity, especially in tissue boundaries, particularly air-tissue and bone-soft tissue boundaries (Zhou and Gullapalli, 2006). That is why magnetic susceptibility distortions are sometimes seen in such boundaries, like the sinuses (Reinsberg, Doran, Charles-Edwards, and Leach, 2005). 1. Discuss various methods to correct for magnetic susceptibility distortions, while maintaining a good EPI image. ... a.) Parameters that can optimize EPI image ESP can be decreased through the use of powerful gradients, such as increased gradient slew rate (~20, 000 T/m/s), increased maximum amplitude (350 mT/m), increased rise time rate, increased accuracy, decreased eddy currents, increased voltage, and decreased field strength. In addition, these parameters decrease signal-to-noise ratio. Meanwhile, a decreased ESP results to a smaller total train length time. In fact, it has been estimated that decreasing ESP to 40 ms limits the distortion to only one pixel wide. Similarly, increased data gathering via decreased frequency- and phase encoding steps and ramp sampling, fast analogue to digital converters and large receiver bandwidth decrease the time in which phase errors can accumulate (McMahon, 2012). On the other hand, phase and read directions can be swapped, so that the phase encoding gradient is along the same axis as susceptibility gradients. Although this may not totally prevent distortion , it shows the image in a more presentable and understandable manner (McMahon, 2012; Zhou and Gullapalli, 2006). Figure 2 shows the decrease in magnetic susceptibility upon converting from left-right phase encoding to anterior-posterior phase encoding. Other ways to minimize magnetic susceptibility distortions include decreasing the resolution, use of SE sequence, increased acquisition matrix and proper shimming before image acquisition. It should be noted, however, that heating of nearby tissues can occur when using fast SE acquisition with a high bandwidth to decrease magnetic susceptibility distortions resulting from metallic implants (Zhou and Gullapalli, 2006). b) Chain of consequences after increasing the receiver bandwidth Receiver bandwidth is a

Lobbying has lead to the corruption of the American political system Essay

Lobbying has lead to the corruption of the American political system - Essay Example Lobbying drastically dents the system affecting the fair pattern that had been initially previously. Lobbying and corruption is the framework of any society that goes hand in hand. They are the only reason so as to why and how a commoner can approach and thereby influence the working mechanism of the equipment's of the state. (Aidt, pg 8). The reason of this might lie in the difference that is present in the two domains that is lobbying and corruption which are not very important. In economics this perception has been supported by the most precise and accurate model which lays stress on lobbying (Grossman and Helpman, pg 833–50. ) but this could most likely itself be a model leading to corruption. As put forward by Aidt in his article â€Å"The view that corruption can be ef?ciency-enhancing has a long tradition in economics† (Aidt 2). This clearly shows that corruption has a very old history with economics. According to this theory a person who is lobbying has influenc e on the decision makers therefore providing them with the resources required. This model states that the politicians are only concerned about the resources but not about what actually tempts them towards such resources. These resources can be anything from money to bribes or political programs. These resources are used efficiently and the corruption is rather created by the interest groups involved. Grossman and Helpman put forward the role of interest groups in practicing corruption in the following words â€Å"Interest groups participate in the political process in order to influence policy outcomes† (Grossman & Helpman 833). Bribing is a controversial subject when it comes to lobbying. One of the most common lobbying practices is bribery. Nownes puts the practice of bribing in the following words â€Å"Among the most common questionable lobbying practices are bribery and the use of sex and alcohol to gain favorable treatment from government..† (Nownes,118). The rea son that bribing can be completely irrelevant to the policy makers is lobbying. At times bribing is the only reason because of which lobbying tends to happen. Benefits that come to a lobbying organization come directly from those who are bribed. This can be seen in the following words â€Å"Each industry must pay enough in bribes to ensure that the government plus other bribing industries together are at least as well off as they would be if they refuse the bribe† (Ito and Rose, 23). The facts states that lobbying is targeted towards the bodies that are responsible to make policies apart from the Bureaucracy that brings about and sets another dissimilarity because the legislature is responsible to pitch in the policies which the lobbyist might be interested in and also to set the rules which make bribing easy or more difficult. Corruption has its own extensive effects on the decision of joining a lobbying organization. American political system has been merely affected by cor ruption particularly because of lobbying. Such organizations which work on promoting lobbying have been really successful as all the high decision making bodies having superiority over the common citizen play this game very shrewdly. â€Å"By official estimates, lobbying is the third largest enterprise in our nation’s capital, after government and tourism (Genovese and Myers,180). It is because of this high rate of corruption, people do not have any faith in the government and

Evaluation of Anger Management Group Research Paper

Evaluation of Anger Management Group - Research Paper Example The dependent variables that the study will use as a measure of finding out the effectiveness of the group management efforts in the evaluation will include three independent variables gender, age, and level of education and the dependent variables will be the training sessions attended by the survey participants. Each variable will be measured using nominal for gender, scale for age, ordinal for the level of education, and scale for training sessions to provide a basis for the relation of independent variables to the dependent variable and allow for the formation of a conclusion on the effectiveness of the intervention on management of anger. The study will make use of Violent Intentions-Teen Conflict Survey (Pre/post Test and L3) for the collection of data on the anger management groups from the respondents that will allow the generation of a conclusion on the effectiveness of the group in meeting its goals of managing anger (Dahlberg, et al., 2005). The researcher will provide the survey to the respondents and a copied returned during the session. The survey used by other studies in the past to measure intentions to use nonviolent strategies to control anger and conflict. Pre/Posttest measure strengths include allowing for the versatility of the collection of information, it is simply allowing for simple analysis of the data, providing a basis for comparison, and allows for flexibility in the use of control groups depending on the needs of the research. The main weakness of the measure is that the clients would remember their answer if there is no duration between the pre/posttest. Another weakness of pre/posttest is th e possibility of affecting the results resulting in a negative impact on the external validity of the research.

Gender Roles in the United States Essay Example for Free

Gender Roles in the United States Essay 1. Briefly discuss the history of ethnic relations in the United States. The ethnic history of the United States was long rooted during the colonial period. The first settlements in the United States were the Spanish outposts in the towns of Florida and California and a French outpost in Louisiana. English colonizers declared the United States’ independence in 1776 due to their yearning for freedom from their own country (Doane). â€Å"The class, racial, ethnic, and gender relationships of the contemporary nation have their roots in the colonial period† (Doane). Because of the failure to force Native American settlers to work on the fields, the British settlers resorted in importing African slaves to work on cotton plantations located at the South, while the Whites chose to reside on the North to further hone their emerging industries (Doane). The ethnic relations of the United States during the early years are characterized by the major issue of racism and discrimination based on skin color. During the colonial times, the poor whites and the indentured servants served as bridges for the slaves and the landlords. The poor whites tried to identify themselves with the rich landowning whites and propagated the idea of white racial identity rather than the class identity (Doane). This action in turn reinforced the racial discrimination in the country. The status, skin color and position in the labor market characterized the relationships among racial and ethnic groups. Some of the Blacks migrated northward to work on industrial jobs but disparity continued as they were paid less than the whites on comparable jobs. The Blacks also received less social benefits than the Whites reinforcing discrimination (Doane). 2. Describe the process of gender role socialization. Give examples of how females and males are trained to fulfill the expectations of their gender roles. There is a tendency for the society to mandate societal rules and determine what is right and acceptable to the people. This process is referred to as gender role socialization, wherein social institutions control the society’s expectations on â€Å"dress code, language, personality, leisure activities and aspirations for each sex† (Padavic and Reskin 53). Through this process, people learn their gender identity. The society associates well established values, attitudes, behavior, choices and performance that are appropriate for gender categories such as men and women. People are able to absorb the specific roles that the society is trying to inculcate to the members of a particular sex (Senior 25). Learning our gender roles is important in the aspect of socialization and our interaction with other people. Childhood experiences of socialization prepare the people in their gender and social roles in such a way that adult members of the society are expecting them to behave (Senior 25). Even as children, people have been trained to behave and act according to their biological sexual orientation. And as such, parents reinforce gender role socialization on their child-rearing methods. They give toy guns and robots to their male children and dolls and kitchen utensils to their female children. People may be unconsciously aware but through this method, social roles are being inculcated within the consciousness of children in the society as they become adults. Toy guns for male children depict that males should be aggressive and courageous. Boys are also more exposed to high-tech toys like PSP and Gameboy reflecting their advantage in the technological field of industry. Female children or girls, on the other hand, are encouraged to play with dolls and kitchen utensils to prepare them to their future social roles which are in charged of the household, homemaker and as domestic provider. It also encouraged the attitudes of women to become caring and nurturing. 3. Discuss the evidence, which points to either gender roles being biological or cultural in origin. Base on this evidence, what conclusions can be drawn about the origins of gender roles. Discuss some of the most important sources of gender inequalities in our society. How can these inequalities be alleviated? One of the speculated causes of the significant difference in the attitudes and social characteristics between men and women is their biological structure. It was said that genes and other biological components play a big role in influencing these social characteristics. There are biological explanations provided in an attempt to examine aggressiveness in males. It was already known that the inherent presence of Y gene in the 23rd chromosome makes males susceptible to physical disarray. However, there is no strong evidence explaining the role of genetics in the aggressiveness of individuals, particularly the males. Several indicators of violence have been found to be more evident in males than in females (Englander 122). Research further reveals the role of androgens in the prevalence of violence. Androgens are male sex hormones that are abundant in males. These hormones were indirectly linked to criminal violence and also to traditional behavior. Studies show that women with congenital adrenal hyperplasia, a medical condition in which androgens are secreted in the uterus of females, have an inclination to male tastes and preferences. Although there is no concrete evidence of the relationship between androgens and violence, it was suspected to be the reason behind men’s more aggressive behavior (Englander 123). Another biological factor that is thought to be responsible behind the violent attitude of men is the enzyme monoamine oxidase (MAO). Behavioral patterns are related to the level of MOA presence in the blood. Men are found to have lower levels of MAO than women. Lower MAO levels are associated with aggressiveness and the sudden burst of anger and frustrations, especially impulsiveness (Englander 123). Another essential factor that was believed to be responsible for the development of aggression in men and the nurturing attitude of women is the social construction or the difference in how each was reared and molded by culture and society. A person’s social environment is accountable for the values inculcated in his or her personality. His or her socially-constructed identity is viewed to be inherent with his biological sex. Difference in gender has a widespread effect in the society, which was supported by documented knowledge in socio-biology and evolutionary psychology. This collection of knowledge states that men and women are irrevocably different in bodily configurations (Taylor Spencer 41). Such disparities in gender can be alleviated through programs that will breach the inequality in gender such as having equal opportunity on the workplace. We could also start hastening changes through campaign programs that will call for equality between genders. Works Cited Doane, Molly. 2007. â€Å"Culture of United States of America†. Advameg, Inc. 11 November 2008 http://www. everyculture. com/To-Z/United-States-of-America. html. Englander, Elizabeth Kandel. Understanding Violence. New Jersey: Lawrence Erlbaum Associates, Inc. , 2007. Padavic, Irene and Barabara F. Reskin. Women and Men at Work, 2nd edition. Thousand Oaks, California: Pine Forge Press, 2002. Senior, Olive. Working Miracles. London: James Currey Ltd. , 1991. Taylor, Gary and Steve Spencer. Social Identities: Multidisciplinary Approaches. New York: Routledge, 2004.

Health Care Careers Diagram and Summary Essay Example for Free

Health Care Careers Diagram and Summary Essay What is a Physical Therapist do? Each of us has an important role in health care field whether a Pharmacist, Technician, Lab Scientist, Therapist, Nurses, Doctors, and other health care professionals. They have one purpose to provide the best quality of care to the patients with compassionate and respect. They are guided by the rules and guidelines set up by the state and federal government to maintain proper standards and update the techniques concerning healthcare delivery. Career Description. Physical therapists sometimes referred to as PTs, help people who have injuries or illnesses improve their movement and manage their pain (Occupational Outlook Handbook, 2012). PT plays an important role in rehabilitation and gives treatment to the patients with chronic conditions or injuries. They diagnose the patients’ dysfunctional movements by watching them walk, stand, balance, coordination, strength, range of motion and many more. Physical therapists work as part of a healthcare team, overseeing the work of physical therapist assistants and aides and consulting with physicians and surgeons and other specialists (Occupational Outlook Handbook, 2012). They work in wellness-programs to encourage everyone for more active lifestyles. They also establish appropriate plan of care, depending on the patients condition whether it is a neurological case, orthopedic case, sports injury, pediatrics, geriatrics, sports, and others. Services Provided. Physical therapist services are wide range from acute care hospital, sub-acute care, skilled nursing facility, home health, and outpatient care. Their work varies with the type of patients they serve. Orthopedic/Musculoskeletal Rehabilitation is one of the services they provided, whereas they focus on all types of musculoskeletal conditions of the entire spine and extremities. Another one is Vestibular Rehabilitation, which is more on balance, dizziness, motion sensitivity, and vertigo rehab. Workforce roles within the services and products. The rehabilitation team is composed of a physical therapist, physical therapist assistant and rehabilitation aide. Usually physical therapist is the head of the team with at least a bachelors, doctorate, or masters’ degree in physical therapy. They do the initial evaluations and assessment of the patient upon admission. They also establish the care plan (long-term goals and short-term, as well as set up the treatment guidelines and parameters. The PTA’s job is to carry out the treatment following the plan care set by the therapist, unless the treatment requires a specialization by a PT for example, manual mobilization, myofascial release techniques, and many more. The rehab aide’s job is to help maintain the rehab facility or gym. They could also assist in treatments with direct supervision by PT. They could also help by doing aftercare after the PT or PTA works with the patient, or do desk jobs like scheduling patients, whereas no degree or license is required to work as a rehab aide. Impact of Physical therapist on the health care organizations. The therapist importance and influence on the health care system is very crucial, by doing therapy they help and guide the patients to return on their prior level of function and achieve their max potential. They also help prevent re-injury because of poor management of the healing process, by setting up the right exercises, depending on the patients level, stage of healing, and comorbidities that comes with the patient. Therapist also help by giving an alternative form of disease healing and pain management, for example a patient who has arthritic pain on B knees that has been dependent on strong pain medicine. Therapy can use physical agents and modalities, like heat, cold, ultrasound, and right amount of exercises to engage week muscles and promote improved mobility. Conclusion Health care providers have different roles in health care industry. Each of them has a special purpose on how to give a better treatment, care, and diagnosis to the patients. Through proper education and training, they will be able to provide what the patients needs. Health care professionals have one goal, which is to make the patient better and help them live a quality and healthy life. Appendix A: Figure 1 Diagram of Physical Therapist roles and functions in the health care community. Figure 1 describe as the role of MD, PT, PTA, and rehab aide with regard to patient care. First the referring MD makes the prescription for the patient to be admitted to physical therapy. The physical therapist checks the prescription initiate evaluation, assessment, and establish plan of care. The PT could proceed with the treatment himself or pass to the PTA. The PTA’s job is to initiate the treatment program following the goals and treatment parameters set up by the PT. Rehab aide assist the PT or PTA during treatment and helps with scheduling patient visits as well as monitor insurance coverage for the patient. References Bureau of Labor Statistics. (2012, April 6). What Physical Therapists Do. Retrieved from http://www.bls.gov/ooh/Healthcare/Physical-therapists.htm#tab-2 PT1. (2013). Physical Therapy One. Retrieved from http://www.physicaltherapyone.net/services

Impacts Of Tourism In Cyprus

Impacts Of Tourism In Cyprus List and describe the potential positive and negative socio-cultural impacts of tourism in an area of your choice. Tourism is a product that is produced and consumed at the same time. Tourism affects the economy and lives of communities and has proven to be a lifesaver for many destinations. Impacts occur when tourism changes the value systems/ behavior, threatening native identity and that changes occur in community structure, family relationships, ceremonies, collective traditional styles and morality. Tourism can also cause positive impacts as it can serve as a helpful force for peace, help avoid urban relocation by creating local jobs and foster pride in cultural traditions. The type of tourist will have a differing effect on the host community. The mass tourist is less likely to adapt to the local cultures and will seek amenities and standards found in his home community. On the other hand the independent tourist will adapt more readily. The process of tourism development is very important because the speed and nature of development can be a major influence on the magnitude and direction of socio-cultural changes. The term socio-cultural impacts refer to changes to residents everyday experiences, as well as to their values, way of life, and intellectual and artistic products. NEGATIVE SOCIO-CULTURAL IMPACTS OF TOURISM Tourism can cause change / loss of local identity and values by: Commodification Standardisation Loss of authenticity / staged authenticity Adaptation to tourist demands POSITIVE SOCIO-CULTURAL IMPACTS OF TOURISM The promotion of cross-cultural understanding The incentive value of tourism in preserving local culture and heritage The promotion of social stability through positive economic outcomes The potential positive and negative socio-cultural impacts in Cyprus The positive and negative impacts of tourism on the Cyprus socio-cultural structure has been an issue for a long time. Social impacts can be considered as changes in the lives of people who live in destination communities, which are connected with tourist actions in regard to moral conduct, creative expressions. Cultural impacts can be the changes in the arts, traditional ceremonies, customs and rituals and architecture of people that result from tourism activity. Witt (1991) claims that, â€Å"the greater the difference between the host community and the tourists the greater will be the affect of tourism on society†. This presents a challenge to decision makers in regard to the type of tourism that a destination is trying to attract. Thus, for example, at the national level a specific development might be justified on the grounds that it is positive for the society as a whole even if on average it is not positive for the host community. All travelers seek tourism experience, yet very different goals and objectives are required through different roles and behaviors. This occurs because in Cyprus are many different types of tourists. Each type of tourist can be expected to behave differently while visiting a destination. Certain groups can be seen as more exploitive and less sensitive to social and cultural values. Explorers blend into the Cyprus life as local people do and stay longer but they have contact with fewer people than members of a charter tour that moves through Cyprus for shopping or sightseeing. In the case of Cyprus, the tourist policy of the Cyprus Tourism Organization aims to attract middle and high-income class tourists in order to minimize possible resentment between locals and tourists. According to statistics by ‘Eurostat, Cypriots enjoy a higher standard of living than other regions and the type of tourist that visits the island is not the typical high and middle class income tourist but mostly youngsters who tend to reach their limits once they are abroad. The effects of tourists behavior and activities on young people in the area are very noticeable. The increase in drug trafficking and crime are the two major effects of tourism on the local community. Young people tend to spend a lot of their free time away from their families and from community activities since they spend more time in the tourist areas going out clubbing or at bars. As a result, we have an increase in the number of school dropouts and in the number of people smoking at early stages of their age. Cyprus is considered to be one of the few destinations that have controlled tourism well, and it is now repaying the benefits. Cyprus is still an up market destination offering a friendly atmosphere and high quality service. Cyprus has always marketed itself as a prestige resort. Surveys show that many residents see the tourists as a breath of fresh air into the society, economy and life of the locals. The Cyprus Tourism Organization is aiming to keep its high quality and consequently its up market clientele by offering excellent facilities and different types of tourism activities such as Agro Tourism, Bird Watching and Cycling. To achieve this selective advertising and promotion are adopted in order to attract this type of customer. The development of the Tourist Industry led to an improvement in the standard of living for the local people in several areas as tourism expenditure increases the income and improve the standard of living and the quality of life for the locals. Tourism also contributes to the development of infrastructure with the building of airports, new roads, restaurants and hospitals, attraction to enable greatest number of citizens to benefit from the cultural, recreational and leisure activities of the tourism sector. Tourism has also aided in arising the interest for art festivals and crafts, for example weaving, embroidery, wood crafting, pottery etc that have been practiced in small villages for hundreds of years. The impact of tourism on the conservation of old buildings is also both positive and negative. Cyprus residents claim that tourists look for and appreciate local architecture and authentic traditional style, so a lot of buildings are being renovated or conserved as mainly tourist attractions, which would have been destroyed by eager owner. On the other hand, old buildings do not have enough capacity to provide accommodation for the growing number of tourists, so they are destroyed to give room to new and large guest houses with appropriate capacity and tourist facilities. The media have described Paralimni and Agia Napa as â€Å"a round-the clock neon-lit cosmopolitan mini-metropolis and topless sex capital of Cyprus†. The majority state that tourists have a negative effect on the Cypriot way of life and that tourism changes the traditional culture, also it decreases the lifestyle quality of Cypriots who live in tourist areas. The extreme concentration of tourists resulted in the modification of social attitudes among young people, particularly towards sexual behavior. The European way of living has altered the Cypriot society as younger generations are seeking different values than their families, and thus resulting in weaker family bonds. A number of researchers examined the link between the perception that tourism contributes to increase in crime and the support for its development. The crime is related to resident perceptions of tourism development. There is also an increase in prostitution and rise in criminal activity and possible anger b etween local and tourists. Rural population, long term residents, farmers, and younger segments perceive tourism as contributing to an increase in crime especially in the area of Agia Napa. Agia Napa is advertised as a place of great consumption of alcohol, sex, drugs and crime and a great damage caused by thousands of topless beach goers. Moreover the massive arrival of youngsters changed the image of the area from a fun relaxing atmosphere to more of a nightlife entertainment with many nightclubs and discos. As a result, there is an increase in drug trafficking and crime as well as the young generation in Cyprus has started to adopt different set of values on morality and style of dressing which is not acceptable by the older generations. Tourists have altered the Cypriot values and beliefs especially among the young generation and as mentioned before the dress code has changed and nudity is much more acceptable now. In spite of all negative and positive impacts of tourism on the socio-cultural structure of Cyprus it is not yet clear whether the benefits outweigh the costs. In general, the residents of Cyprus have a positive attitude toward tourism. Since the success of tourism depends very much on the human attitudes and behavior of the residents of a destination towards tourists, this seems to be an encouraging result for the future of tourism development. Residents recognize a range of potential positive and negative impacts of tourism however, current attitudes are generally quite positive and there is support for future modest increase in tourism. The tourism development strategy should aim to protect local culture, respect local traditions and promote local ownership and management of programs and projects so as to foster community stewardship of the natural resource base. As integrated processes take time, tourism umbrella organizations should start with voluntary self-restraint, until loc ally adapted objectives have been reached. REFERENCES Witt, S.F. (1991). Tourism in Cyprus, Balancing the benefits and costs. Travel Management. Elena Spanou (2007), The impact of Tourism in Cyprus. Internet: www.srcosmos.gr/srcosmos/showpub.aspx?aa=10216 Assessed on 25/02/10 21:00pm

THE ELEMENT OF SATIRE WITH RESPECT TO CHAUCER?S ?CANTERBURY TALES? :: essays research papers fc

THESIS: THE ELEMENT OF SATIRE WITH RESPECT TO CHAUCER’S â€Å"CANTERBURY TALES† It is human nature to laugh when an event goes wrong or to make a mockery of an all too serious person. But what if authors had the power to use this instinct within humans to drive a point across? In fact they do and they call this literary tool†¦satire. Many authors have used this tool as a backbone in their writings; others have only managed to throw in elements of satire here and there. However, there was one author who had mastered this literary tool, and who could use it to the extremes. He had the ability to use it as playfully and lightheartedly as if to just tease. But, in an instant, he could use it to denigrate a person and ruin all that was left of their self-dignity. His name was Geoffrey Chaucer and his weapon of choice, satire. Satire is one of the most effective ways of writing. It allows the writer to use his imagination to the fullest and be as malicious as he deems necessary, yet not cause the reader to leave in disgust (Highet 242). Satire is a form of literature that readers expect to find some form of profound ideas. However, with satire comes a variation of the truth. While satire is grounded in truth, it is a tainted form. Distorted by the writer as a way of expressing an idea (Highet 234). It is not quite certain where the origins of satire started, but most believe that it was the Romans to first coin the term satire (Highet 24). Satura, meaning dish of mixed ingredients (HTTP://WWW.GALENET.COM/SERVLET/DC). Two men that could be credited with the title of â€Å"The Grandfathers of Satire† are the Roman poets Horace and Lucilius who wrote volumes of poetry, which included their own views on world politics, social fads, and the characters of their friends (Highet 24). Now, one must ask oneself why would an author choose to write in satire? Possibly it was personal grudges (Highet 238). Or another reason may be to state an ideal. In this case, the satire is not just to belittle a particular idea, but also to send a warning as an example (Highet 243). Other reasons for a satirist include, their personal feeling of inferiority or the desire to better society (Highet 240-241). Chaucer was as straightforward as a man can get (Wagenknecht 72). He saw the world as a down to earth fellow who was regarded as â€Å"sweet† (Wagenknecht 141).

Main Economic Forecasts Essay -- Economics Economy Economical Essays

Main Economic Forecasts   Ã‚  Ã‚  Ã‚  Ã‚  The main economic forecasts used to understand the general outlook of the economy included the Congressional Budget Office (CBO) forecast, the Administrations Forecast, the Blue Chip consensus forecasts and the Mortgage Bankers Association (MBA) forecast. Not all forecasts contained the required indicators for the chosen indicators: employment growth, interest rates, housing starts, and business investment. For this reason, the analysis focused on a combination of the forecasts to understand the relationships among the indicators. Gleaning the economic forecasts led to a general understanding of the economy. Conducting further research on the economic forecasts led to a richer understanding of the selected indicators. The focuses of the economic forecasts were real gross domestic product (GDP) and unemployment. The selected forecasts discussed real GDP and unemployment in depth to give the reader a general understanding of how the economy might respond in the next two years. According to the MBA, real GDP will drop in 2005 in comparison with 2004 and continue to decrease in 2006. In 2007, real GDP will increase slightly in comparison to the previous year. The MBA states the percent change in annual rates will be 4.4 in 2004, 3.8 in 2005, 3.3 in 2006 and 3.5 in 2007. According to CBO, real GDP will decrease in 2005 compared to 2004; GDP will decrease further in 2006 and continue to decrease during the 2007 through 2010. The CBO states the percentage change of real GDP was 4.4 in 2004, will be 3.8 in 2005, 3.7 in 2006 and 3.3 on average for the years 2007-2010. The Blue Chip consensus believes real GDP will decrease in 2005 compared to 2004, and continue to descend for the next two years, 2006 and 2 007. Blue Chip consensus states real GDP for 2004 as 4.4, 2005 will be 3.7, 3.4 in 2006 and 3.5 in 2007. The President’s administration believes real GDP will decrease in 2005 compared to 2004 and will continue to decrease in the next two years as well. According to the President’s administration, real GDP for 2004 was 4.4; and will be 3.7 for 2005, 3.7 for 2006 and 3.5 for 2007. The MBA believes the unemployment rate will decrease from 5.5 in 2004 to 5.2 in 2005 and continue to descend to 5.1 in 2006 and 2007. The CBO believes that unemployment will decrease from 5.5 in 2004 to 5.2 in 2005 and remain at 5.2 through 2010. Blue C... ...f Commerce. Bureau of Economic Analysis. Retrieved April 20, 2005 from http://www.bea.doc.gov/ Housing and interest rate forecast. National Association of Home Builders. Retrieved April 21, 2005, from http://www.nahb.org/generic.aspx?sectionID=138&genericContentID=631&print=true HR compensation continues to rise: Rising compensation reflects an improving economy and HR's role in corporate growth. HR Magazine. Retireved from http://www.findarticles.com/p/articles/mi_m3495/is_11_49/ai_n6359691 MBA long-term economic forecast. Mortgage Bankers Association. Retrieved April 20, 2005, from http://www.mortgagebankers.org/ MBA long-term mortgage finance forecast. Mortgage Bankers Association.. Retrieved April 22, 2005 from http://www.mortgagebankers.org/ MBA is most accurate. Federal Reserve of Atlanta. Retrieved April 24, 2005 from http://www.census.gov/ The budget and economic outlook: An update. Congressional Budget Office. Retrieved April 20, 2005 from http://www.cbo.gov/ Real investment in fixed assets and consumer durable goods, 1999-2003. U.S. Department of Commerce. Bureau of Economic Analysis. Retrieve April 20, 2005 from http://www.bea.doc.gov/

The Jacket by Gary Soto Essay -- Papers Essays

The Jacket by Gary Soto In "The Jacket" Gary Soto uses symbolism to reflect on the characterization and development of the narrator. Soto seems to focus mainly on a jacket, which has several meanings throughout the story. The jacket is used as a symbol to portray poverty, the narrator's insecurity, and the narrator's form of self-destruction. Since the story uses a certain object, the Jacket, as the meaning of several issues, it primarily focuses on the narrator's poverty-stricken family. First of all, an example of the poverty is demonstrated when the narrator complains that the jacket "was so ugly and big that I knew I'd have to wear it a long time"(paragraph 3). It is clear that his lack of money was a problem in which he would have to keep the jacket because he could not afford a new one. The narrator then feels embarrassed and upset by the jacket by stating "I blame my mother for her bad taste and cheap ways"(paragraph 10). By mentioning his mother's "cheap" ways he is conveying that he is aggravated because of his mothers option to choose bad and ugly clothes in ord...

Compare and Contrast of a Two Grand Theories Essay

Virginia Henderson (1897-1996) is a Nursing Grand Theorist who was often referred to as the â€Å"first lady of nursing.† In the article by Nicely (2011) it depicts how she developed a nursing model which is based on activities of daily living. She believed that nursing as a profession stood separately from medicine. In this article, I was able to decipher how Henderson’s theory is applied to the specialized area of organ donation for transplantation. It is reflected that although organ coordinators are from different backgrounds such as: allied health professions, physicians’ assistants, and paramedics, most of them are â€Å"registered nurses.† Nicely (2011) portrays 14 different activities that Henderson identified for patient assistance which would allow patients to return back to independence: â€Å"eating and drinking, elimination of body waste, desirable posture/sleep and rest, select suitable clothing: dress and undress, avoiding dangers in the en vironment and avoid injuring others, maintaining body temperature within normal range, grooming/protecting the integument, communication with others, worship according to one’s faith, play and recreation, learn and discover† (Nicely, 2011, p.73). Henderson’s activities reflect on how nurses can provide a good foundation in which they can become more proficient in their abilities to provide care for their patients. She stressed the importance for including the patient’s family. In her theory, Henderson states the â€Å"the complexity and quality of the service is limited only by the imagination and the competence of the nurse who interprets it† (Nicely, 2011, p. 77). The article extrapolates very good points about how equally important it is for the nurse to work with the family, as well as the patient. The second article I chose by Merritt and Procter is entitled, â€Å"Conceptualizing the functional role of mental health consultation liaison nurse in multi-morbidity,† using Peplau’s theory. This article surmises the role of the mental health consultation liaison (MHCLN) and how it can be integrated to Peplau’s Theory of Interpersonal Relations. In the introduction of the article, it focuses on the importance of â€Å"mentally ill† patients being involved actively in their treatment and care planning. This article describes that â€Å"it is a global consensus that mental health care should be undertaken  collaboratively, no matter where the patients live, and in the least restrictive environment† (World Psychiatric Association, 2009, p.159). I agree with the above statement, as I work as a mental health consultant and psychiatric nurse. There is not enough being done to help the patients and their families in seeking psychiatric care and providing a continuum of care. It continues to be a â€Å"stigma† that needs to be addressed globally, so that the patients who are in utmost need of care are able to receive it. This includes medication, behavioral management, and psychotherapy by specialists in the field. Throughout my many years of practice in the mental health field, I have witnessed so much neglect instilled on the mentally ill patients. Many facilities have closed down, and in particular one research facility called the â€Å"Lafayette Clinic† which was linked to Wayne State University in MI, closed due to the government not prioritizing mental health in their budget. As a result, there are more homeless residents living on the streets and not being treated for their mental illness until something hap pens. At times, people who are living on the streets become loud, argumentative, and combative, hallucinate, injure someone, or themselves before any action is taken. I firmly believe in the stand of the MHCLN in helping to decrease the stigma of mental illness, as well as reducing patient’s symptoms by providing a â€Å"means† for treatment. Education and research are a â€Å"key source†, as well as funding for the above to happen. Merritt’s paper represents a stepping stone in my opinion to many patients that are out there suffering and being belittled by their mental illness. The use of Peplau’s interpersonal relations theory if placed fully into practice can help patients adjust to their mental illness, and through education they would be able to have somewhat of a grasp on their illness, the importance of taking their medications, and seeing a psychiatrist and/or psychologist on a regular basis. Once stabilized, the mental health patient can reap the benefits of engaging in a more normalized lifestyle and have a better chance of adjusting to the roles that are not always able to participate in. This paper provides good insight into Peplau’s interpersonal relations theory. The methodologies utilized provide patients with an avenue to work through their psychological distress, and adjustment to changes that occur as a result of their illness. More research and education is necessary to provide the interventions that are  necessary in stabilizing the patients who suffer from mental illness. The nurse is of key importance in facilitating this process with the patient and their families, as well as the psychiatrist, psychologist, social worker, recreational therapist, and mental health worker. In comparing Henderson’s article to Peplau’s article there is some correlation as to the importance in working with families, as well as the patient who is also â€Å"stressed†. In Nicely’s article, the donor patient is usually deceased, or if not deceased, the nurse works with both the patient and the family. Henderson’s theory allows the nurse to be patient as well as family focused. In Merritt’s article, it is both important for the nurse to work with the patient and family as well. In both articles, I feel that the â€Å"nurse† serves as an â€Å"advocate† in different ways, one from a medical perspective, and the other from a psychological perspective, however these can be intertwined as the families who lost a loved one due to â€Å"brain death† and a transplantation will occur, also need emotional support. Nurse-patient relationship encompasses many strategies throughout both articles. In Peplau’s psychodynamic nursing theory four phases of a nurse-patient relationship are identified: orientation, identification, exploitation, and resolution. By utilizing these phases, it will allow a nurse to better identify, respond to patient’s need, and build trust. Both articles stress the importance of â€Å"nurses† in different types of roles, one as an â€Å"organ donation coordinator†, and the other as a  "mental health liaison or consultant† providing psychological and emotional support to families. References: Merritt, M. K. & Procter, N. (2010). Conceptualizing the functional role of mental health consultation-liaison nurse in multi-morbidity, using Peplau’s nursing theory. Contemporary Nurse 34(2). 158-166. https://lmscontent.embanet.com/MVU/NURS600/Readings/W3_Peplau.pdf Nicely, B., & DeLario, G. T. (2011). Virginia Henderson’s principles and practice of nursing applied to organ donation after brain death. Progress in transplantation, 21(1), 72-77. https://lmscontent.embanet.com/MVU/NURS600/Readings/W3_Nicely2011.pdf

Journey to the Center of the Earth Essay

Based on one graphic novel, write about an important lesson that you have learnt. An important lesson that I learnt from the graphic novel, Journey to the centre of the Earth is that we should never give up and have confidence in ourselves. Professor Lidenbrock felt very excited when he found the document about how to get to the centre of the earth. He wanted to learn about what lies beneath our feet. although getting to the centre of the earth was not going to be easy, he still went because he was a determined man. Although the journey was fraught with difficulties he never gave up because he had confidence in himself. In the end the journey was a success. Based on one graphic novel, write about a happy event. A happy event in the graphic novel of A Journey to the centre of the Earth is when the Professor, Axel and Hans managed to come out of the earth uninjured and alive. They could have easily when been hurt or died as they were only on a raft and were thrown out of an erupting volcano. They landed uninjured in Sicily which is 3,000 miles away from Iceland where they started their journey. It is a happy event as they had successfully journeyed to the centre to the earth and lived to tell the tale of their adventure. Based on one graphic novel, write about an event that you cannot forget in the novel. An event that I cannot forget is when Axel passed out because they had run out of water. Hans, their guide then left Axel and the Professor. When Axel woke up he looked for Hans. When he could not find Hans he thought that Hans had deserted them,. However an hour later Hans returned. He then told them that he found water. Axel was very grateful to him. This is an unforgettable incident because although Hans could have easily left them he did not. He was a good and responsible guide. Based on one graphic novel, write about a character you sympathise. The character that I sympathise is Axel Lidenbrock. He is Professor Otto Lidenbrock’s nephew. When the professor wanted to figure out what the runic symbol in the document by the famous explorer, Arne Saknussem meant he forced Axel to help him. He said both he and Axel will not eat or sleep until they find the meaning. Later when they find out that the document shows how to get to the centre of the earth the professor forces Axel to go with him. I think as an uncle, the professor is a bully and I sympathise with Axel because he is not given a choice by his uncle. Based on one graphic novel above, write weather you like or do not like the ending of the story. I did not like the ending because I think it is a bit ridicuious. The explorers think they are going to die because they are on a raft in a volcano and the temperature is steadily increasing. The water begins to boil and their raft rises and finally when the volcano erupts the explorers are thrown out of the volcano. They land in Sicily, a country 3,000 miles away from Iceland. I think if they were in a volcano that was going to erupt they would have died. Therefore I feel the ending is illogical and I did not like it. Based on one graphic novel above, write an interesting event. An interesting event in the graphic novel, Journey to the centre of the Earth is when the explorers are caught in an electrical storm. They were travelling in an underground sea on a raft made by Hans. Suddenly the raft was hit by an electrical storm. Axel nearly died but luckily he survived. The explorers landed on a beach. The compass showed that they were back where they started. However the professor did not give up and said it was time to travel across the dangerous sea again. I found the event interesting as it showed that the professor does not give up easily.

Legal essay(family law) Essay

Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown. Legislation and cases strive to achieve justice for all parties involved in a relationship breakdown. However, justice can be difficult to achieve as the law does not always uphold the rights of individuals. The law does reflect social and community values and strives to be accessible. Divorce is an example of the law being easily enforced, while with disputes involving children effectiveness isn’t always achieved. Amendments to legislation now make the law more effective when dealing with relationship breakdown’s between same sex couples and de facto relationships. Divorce is becoming more common in society, this means that legislation has been made more effective in achieving individuals rights. The Family Law Act 1975 (cth) established ‘no fault’ divorce, as long as the couple is separate for 12months, that overturned the Matrimonial Causes Act 1959 (Cth). Divorce is an effective method in achieving justice for parties involved in a relationship breakdown. An example of this is in the case Pavey v Pavey 1976, this case established ‘separate under one roof,’ this allowed couples to get a divorce even if they were living together due to financial strain. Pavey v Pavey is an example of how the law achieves justice for individuals and the accessibility of the law. Most issues related to relationship breakdown involves children, legislation has been improved in recent years to overcome this, but there are still many cases where justice isn’t achieved for all parties. The Child Support (assessment) Act 1984 (cth) aims to deduct money to support the child if the parent isn’t living with them. The Federal Government in 1990 ratified the UN’s Convention on the Rights of the Child. This ruled that all cases were to be solved in the ‘best interests of the child.’ The Family Law Reform Act 1995 (Cth) recognises ‘best interests of the child’ and also changes ‘custody’ to ‘residency’ and ‘contact.’ This legislation has effectively achieved justice for families however, the ‘best interests of the child’ and the presumption of shared parenting outlined in the Family Law Amendment Act (Shared Responsibilities) Act 2006 (NSW) was overturned by the High Court. The High Court overturned ‘best interests of the child’ in the case MRR V GR 2010, as shared parenting wasn’t reasonably practible and the rights of the individual was not being upheld. MRR v GR is an example of how legislation is not effective, but due to the responsiveness of the legal system, justice was achieved. The Family Law Amendment (Shared Responsibilities) Act 2006 (NSW) also created Family Relationship Centres that allowed families to resolve disputes and there is compulsory 3 hours mediation in the breakdown of a marriage involving children. The law has been effective in achieving justice for parties involved in a relationship breakdown as it upholds community values, is accessible and responsive and aims to protect the rights of individuals. The law is also responsive in protecting the rights of individuals through the media and lobby groups. Lobby Groups such as Dads in Distress, aimed to establish shared parenting as they were unable to see their children. This lead to reforms in the Family Law Act with a presumption of shared parenting. However the media has given reports of children being at risk because of shared parenting. This is shown in the SMH report ‘For the Sake of the Children.’ The law has to reflect community’s conflicting vales and therefore is not always effective in protecting the rights of the individual. Unmarried couples also have to be protected in the event of a relationship breakdown and justice must be achieved. The Property (Relationships) Act 1984 (NSW) defines de facto relationships and included same sex relationships in the definition. This act protects individuals in the situation of a relationship breakdown by identifying which parties get what. The SMH released an article, ‘Here’s an Idea’ that recognises de facto relationships as a valid choice and that they should be protected by the law. Through recent legislation reforms individual’s rights are achieved, as well as the law being accessible. However, legislation is not always responsive, as de facto relationships were only defined in 1984, and they did not have the same rights as married couples until then. The law is effective in achieving justice for parties involved in a relationship breakdown. Divorce is easily accessible and responsive. Relationship breakdown including children is mainly effective in protecting the rights of individuals and upholding societal values. Through recent legislation developments the relationship breakdown of de facto relationships is now treated the same as the dissolution of marriage. The law is mostly effective in achieving justice and protecting the rights of individuals involved in a relationship breakdown. View as multi-pages