Tuesday, August 6, 2019
Organisational Business Practices Essay Example for Free
Organisational Business Practices Essay Organization is a principle of life. We seek the help of organizations to meet our day to day requirements such as to feeding, clothing, educating entertaining, protecting etc. However, organizations are not contemporary creations. Modern society has more organizations which are fulfilling a larger category of societal and personal needs. Organizations are so encompassing in the modern life that it is sometimes easy to overlook that each may be regarded as an entity with a specific contribution and specific goals. Organization is a system of consciously coordinated activities of two or more persons in order to achieve a common goal. It is a system of four major internal interacting components such as: task, people, technology and structure. Organizations are said to be open systems. A number of metaphors can be used to think and explain about the nature of organization. There are eight archetypical metaphors of organization: Machines, Organisms, Brains, Cultures, Political Systems, Psychic Prisons, Flux and Transformation, Instruments of Domination. General Discussion Document: Director of Marketing is proposing to introduce a new process of sales at Superior Sales Corporation for which there will be changes as per the present set up. Staff are likely to resist the change hence some suggestions are placed to reduce the resistance. Organization Structure: Functional superiority can only be achieved if there is enough reliability and focus within each business unit. Elites are those specialized organizational units with closeness to power and having superior capability. Their functions signify a particular organizationââ¬â¢s typical capability. It is, important that more than one such elite function exist. They need to be complementary so as to make sure that they serve as a check on another. Pluralist are those essential forces that play a important role in decision making. The tension that is created amongst these forces stimulates thoughts and lead to self-improvement and competitiveness, Elite functions bring main strengths to an organization, but must assist with the whole to attain shared results. The stronger and more competent the elites are, the more difficult it is to achieve cross-functional teamwork. The organizationââ¬â¢s challenge is therefore to ensure that these functions are on a par with that of competition, but at the same time they need to ensure that they respond to market demands by cutting across these functional compartments. Organization Cultures: Organizations are mini-societies that have their own distinctive patterns of culture. Culture is a modern concept used in a social sense to refer broadly to civilization and social system. Its increasing use within the social sciences has led to definitions of varying generality, which develop in a host of ways. Culture is that complex whole which includes knowledge, belief, law, morals, custom, and any other capabilities and habits acquired by man as a member of society. There is a growing literature of relevance how organization can be understood as a cultural phenomenon. It is valuable to understand the relationship between culture and industrialization. The greatest strength of this metaphor is that it shows how organizations rests in shared systems of meaning, values, ideologies, beliefs and other social practices that ultimately shape and guide organized action. Reactive and Proactive Changes: Forces for change arise out of an organizationââ¬â¢s interaction with elements in its external or internal environment. The action of competitors, suppliers, government units or public groups may have substantial impacts on change. Social and cultural factors such as life styles, values or beliefs also lead to important changes. Forces of change may also arise from within an organization depending upon different phases of growth or demands made by different interest groups. Reactive changes occur when these forces make it necessary for a change to be implemented. Proactive change takes place when some forces to change lead an organization to conclude that a particular change is desirable and goes about in initiating the change in a planned manner. The difference between reactive and proactive changes corresponds to that between reflexive behavior and purposive behavior. Reactive change, like reflexive behavior, involves a limited part of the system whereas proactive change and purposive behavior coordinate the parts of the system as a whole. Organizational change has noted that many participants respond with dogged resistance to altering the status quo. In the industrial phenomenon workers have at times sought, in extremely violent fashion, to block the introduction of new technology. Supervisors and lower level managers have balked at large scale projects in job redesign and job enrichment; even low level employees, the presumed beneficiaries of such projects, have fought such changes. Senior managers have fought pitched battles against realignment of corporate structure. Even the proposal by a course coordinator to adopt a different style of presenting the report is capable of touching off a frenzy of defensive tactics to resist change. Such behavior may be either overt or covert. Overt resistance may take the form of employees deliberately failing to do the things necessary for successful change or simply being unenthusiastic about the change. The absence of overt resistance does not mean that resistance is not present, as resistance may be hidden from direct observation. Covert resistance can be more detrimental to change than open resistance because it is harder to identify and eliminate. There are at least two sets of factors which explain the process of resistance. One set relates to the personality and the other relates to the social system. Decreasing the Resistance: Managers who have been responsible for implementation have developed personal perspective consisting of assumption and strong feelings about how change should be introduced. These philosophies fall into two camps, either tops-down or bottoms-up. The Tops-down Strategy: The advocates of this strategy believe that, in general, people resist changes and require direction and structure for their well being as well as to work efficiently and effectively. The basic psychological contract between employees and management, it is assumed, is one in which the employee provides work, effort and commitment and expects in return pay, benefits, and a clear definition of what is expected to be done. It follows that it is the managementââ¬â¢s responsibility to design the changes it deems appropriate and to implement these thoroughly but quickly by directives from the top. The Bottoms-up Strategy The advocates of this approach profess what to them is a more enlightened view of human nature. They argue that people welcome change and the opportunity to contribute to their own productivity, especially if the change gives them more variety in their work and more autonomy. These managers assume people have a psychological contract which includes an expectation that they be involved in designing change as well as in implementing it. Commitment to change, they say, follows from involvement in the total change process and is essential to successful implementation.
Monday, August 5, 2019
Risk Based Regulation and Solicitors Regulation Authority
Risk Based Regulation and Solicitors Regulation Authority As seen in the case of Timothy Schools, a former director of ATM Solicitors in Preston who was struck off because of breaching various outcomes and principles of the SRA code of conduct. The SDT[1] had made allegations against the involvement of the defendant and his firm acting on behalf of clients who challenged the enforceability of various Consumer Credit Agreements. Mr Schools had been motivated by his own financial gain compared to the interest of his clients, contrary to the O(3.2)(a) and that the misconduct had arisen from the way he had operated the firm. He had failed to provide information to clients which might have been material to their decision to instruct his firm to act for them. Thus he had failed to act with integrity which led to his and the firms independence being compromised, hence breaching Principles 2[2] 3[3] of the SRA. Mr Schools behaviour towards his clients and not acting in their best interests because of his own financial interest, not only breaks the trust of the public in him and his firm but also the legal profession in itself, breaching Principle 6[4] of the SRA. The defendants action were deliberate and had continued for a period of time. Hence the SDT ordered for Mr School to be struck off the roll. The SRA agreed and Mr School was struck off the solicitor roll. Through this approach, the SRA identifies the risks to the regulatory objectives outlined in the LSA and requires the firms to ensure the same. The risk-based approach also ensures that regulatory activities and resources are prioritised and applied proportionately. For example, you may tend to show that you have met outcome 3.3 if you decline to act for clients whose interests are in direct conflict. The example used is claimant and defendant in litigation (IB 3.2). A key advantage to taking a risk-based approach to regulation is that it enables us to become much more proactive, identifying and tackling risks before they occur, rather than acting retrospectively once harm has arisen. 2.5 Exceptions to acting in client conflict situations Outcomes 3.6 and 3.7 in chapter 3 outline two exceptions where it may be possible to act even if there is a client conflict. When deciding whether to act in these situations, the overriding consideration remains as expressed in Principle 4, to act in the best interests of each client. You must consider whether in acting for all/both clients the benefits to the clients outweigh the risks. These outcomes reflect the fact that there may be situations where, if the qualifying conditions are met, then despite a conflict of interests, the clients separate best interests are served by you acting for two or more clients. The wording was changed from October 2005 with a new, tougher aggregation rule, so that claims arising from one act or omission in a series of related matters or transactions, or even similar acts or omissions in a series of related matters or transactions, will, arguably at least, be more likely to be regarded as one claim. This was a particular issue for firms doing volume work. At the same time, the compulsory minimum cover increased to à £2m for sole practitioners and partnerships and à £3m for LLPs and limited companies. Ethics involves making a commitment to acting with integrity and honesty in accordance with widely recognised moral principles. Ethics will guide a professional towards an appropriate way to behave in relation to moral dilemmas that arise in practice. Ethics is based on the principles of serving the interests of consumers of legal services and of acting in the interests of the administration of justice, in which, in the event of a conflict, acting in the interests of the administration of justice prevails. A firm which has a low or medium risk will have the outcomes of the SRA in a different way compared to the one which is considered high-risk like a huge corporate law firm. For example, a larger firm may need to put in place, or upgrade, a database system to collect information required under the reporting requirements. A smaller firm may be able to collate the information by the use of paper returns and a spreadsheet. Why is SRA risk -based? The SRA plans to shift the supervisory emphasis towards assessing a firms risk management systems and identifying whether they are achieving the outcomes rather than a detailed consideration of a firms processes. The level of supervision a firm will experience will depend on the perceived risk that it poses to the regulatory objectives. Supervision will also be tailored to take account of factors such as firm size and risk management systems, as well as the firms previous compliance history and positive engagement with the SRA. The SRAs vision24 is to: à ¢Ã¢â ¬Ã
¾ Concentrate on dealing with firms which pose serious risk; à ¢Ã¢â ¬Ã
¾ Encourage firms to assess and tackle the risks themselves; and à ¢Ã¢â ¬Ã
¾ Concentrate on those which cannot or will not put things right. The task can be made harder when management are confronted with people who are over-confident in their own abilities and believe risk management does not apply to them. As Captain E J Smith, later the captain of the Titanic, said in 1907, in all my experience, I have never been in any accident of any sort worth speaking about. I have seen but one vessel in distress in all my years at sea. I never saw a wreck and have never been wrecked nor was ever in any predicament that threatened to end in disaster of any sort. The Titanic sank in 1912. As well as professional obligations to protect their independence and promote the best interest of the client, there are obligations to uphold the rule of law and the proper administration of justice. A solicitors professional obligations give primacy to the public interest and the public interest in the administration of justice.2 This raises the interesting question of how legal risk management, which tolerates, normalises, and sometimes promotes the desirability of taking risks with law fits with these broader professional obligations. It is not a question that we have seen addressed. There needs to be a full and frank discussion that begins the process of articulating what such obligations mean in the context of commercial law practice generally and in-house practice specifically. Confidentiality and conflict of interest breach case http://globelawandbusiness.co.uk/RML/sample.pdf 1.4 Liability for breach A lawyer who acts for a client when there is a conflict of interest, whether with the interests of another client or with the lawyers own interest, may be liable to compensate the client. That may mean an award of damages, or in some jurisdictions, an account of profits. By way of illustration, an example in the English courts was the case of Hilton v Barker Booth Eastwood. 1 The defendant solicitors acted for both a seller (Mr Hilton) and a buyer (Mr Bromage) on a commercial property transaction, contrary to the conduct rules then in force. The solicitors failed to disclose to the seller that they knew that the buyer had a criminal record for bankruptcy offences which had resulted in imprisonment. They also failed to disclose that they were lending money to the buyer to complete on part of the transaction. After the contract was completed, the buyer defaulted and Mr Hilton was left with substantial losses, which led to his bankruptcy. Attempts at recovery from the buyer failed. The solicitors defended the claim on two bases. First, the conviction was a matter of public record. Secondly, had the claimant instructed other solicitors, those other solicitors would not have known of the conviction and, they said, their breach therefore caused no loss. The defence succeeded initially but the claimant won on appeal. Put simply, the solicitors were in breach of duty to Mr Hilton, and could not complain if they had put themselves in that position by their own actions. Note the comments of one of the judges on appeal, Lord Scott of Foscote: The reason why it would have been a breach of the solicitors duty to Mr Bromage to inform the appellant of Mr Bromages bankruptcy and criminal conviction was not because the information was confidential but because it was their duty as Mr Bromages solicitors to do their best to further Mr Bromages interests in the transaction in respect of which Mr Bromage had instructed them. 2 The firm was found liable to compensate the claimant. Firms are also required to have effective systems and controls in place to enable [them] to identify and assess potential conflicts of interests. They must have systems and controls for identifying both client and own interest conflicts appropriate to the size and complexity of the firm and these must also extend to the identification of commercial conflicts. If in the above examples, the firm would have carried out the effective systems set out in the chapter 3 on the SRA and the risk assessment process, then they would have not been in breach of the SRA outcomes and would have successfully mitigated the risks. Outcomes-focused regulation concentrates on providing positive outcomes which when achieved will benefit and protect clients and the public. The SRA Code of Conduct sets out our outcomes-focused conduct requirements so that you can consider how best to achieve the right outcomes for your clients taking into account the way that your firm works and its client base. The Code is underpinned by effective, risk-based supervision and enforcement. Introduction to the SRA Code Introduction Sir David Clementi recommended that the professional bodies should separate their roles of holding both regulatory and representative responsibilities. This led to the formation of Solicitors Regulation Authority (SRA) by the LSA[5] to act as the regulatory body for solicitors in England and Wales. The main aim of the SRA is to work compatibly with the objectives set out in the LSA. In 2011, the SRA moved from a rules-based approach to an outcome-focused regulation (OFR). This approach introduced high-level Principles[6] and Outcomes that had to be observed by firms and individuals to operate independently, with integrity and in their clients and wider public interest. Even with the principles, outcomes and indicative behaviours set in place, risks towards a duty owed by a lawyer to a client can arise. Hence the SRA also needs to take a risk-based approachby identifying the potential risks of not meeting the mandatory outcomes and principles, through a risk management process. The SR A approach to regulation i.e. authorisation, supervision and enforcement is therefore outcomes-focused and risk-based. Outcomes-focused Regulation SRAs aim is to ensure that all firms and individuals should achieve the right outcomes in delivering their legal services therefore benefiting and protecting the clients and the public at large. These outcomes are mandatory and are found in the SRA Code of Conduct. When lawyers deliver the right outcomes, it will help ensure compliance with the Principles and mitigate the risk of lawyers being in breach to professional conduct. Risk-based Regulation A risk is considered to be a combination of impact, which is the potential harm that could be caused and probability, which is the likelihood of a particular risk occurring. There are risks attached with the firms and individuals acting compatibly with the regulatory principles and outcomes outlined in the SRA. For example the risk of conflict of interest arising between the lawyer and the client or between two current clients if proper systems were not in place to identify potential conflicts of interest in the first place as per O(3.1), the risk of failing to protect clients confidential information and many more such risks can arise when the lawyers cannot achieve the best outcomes for their clients. A case where risk of conflict of interest and breach of duty of confidentiality arises is Hilton v BBE[7]. Hilton instructed BBE to act as his solicitors in him selling a developed piece of land to one of their other clients, Bromage. BBE did not tell Hilton that they had previously acted for Bromage when he was imprisoned for fraud; nor did they tell him that they were acting for Bromage in this same transaction and lent money to Bromage for the deposit hence breaching O(3.4)[8]. Outcome(3.5) clearly states that a firm or individual should not act if there is a client conflict or a risk of a client conflict unless all the risks have been explained to both clients and they understand them; both parties should give their consent for the firm to act for them and many more objectives set out in O(3.6) and O(3.7) need to be satisfied. Although neither of these outcomes were achieved. Bromage failed to complete the transaction therefore Hilton incurred a huge loss. The House of Lords found that it was unacceptable to breach the conflict of interest principle as it will override the duty of disclosure and confidentiality owed to their client Bromage. BBE already had a contract with Bromage and due to an implied term in this contract, BBE could not reveal any confidential information about him to Hilton. Hence BBE should have asked Hilton to seek independent legal advice as professional ethics meant that they could not act for him. But instead proceeded to act for him as well as their client since they were only interested in their own financial gain therefore breaching O(3.2)(a). This definitely was a breach of duty owed by BBE to Hilton in failing to act in his best interest. Timothy Schools[9], former director of ATM Solicitors was struck off because of his own financial interest contrary to O(3.2)(a). His misconduct had arisen from the way he operated the firm, he failed to act with integrity and the firms independence was compromised, hence breaching Principles 2[10] 3[11] of the SRA. Professional conduct as such would break the trust of the public in Mr Schools, his firm and the legal profession, thus also breaching Principle 6[12] of the SRA. The above cases show the consequences of failure by the firms to comply with the principles and outcomes of the SRA. Hence the SRA needs to regulate a risk-based approach so that the clients receive a proper standard of service which best suits them as per Principles 4[13], 5[14] and 8[15]of the SRA. Risks are typically considered at an individual, firm, thematic or market level. The identification and management of these various risks is operated through a risk management and governance process, outlined in the SRAs Regulatory Risk Framework. The Regulatory Risk Index sets out a list of risks that are managed under the Risk Framework. This is important for the risk management process as it gives a universal index which ensures that each risk is accurately identified. This index is comprised of 38 risks: 28 are firm risks[16] and 10 are market risks[17]. Impact[18], Operational[19], and Viability[20] are all firm risks. Breach of confidentiality and conflict of interest are both Impact risks and are always caused by Operational risks. For example, impact risks can arise due to ineffective systems in place like sensitive client information was inadequately encrypted or due to lack of integrity or professional ethics like a member of staff deliberately breached confidentiality for ones financial interest. Firms use informational barriers[21] as per O(4.4)(b)(ii)[22]to mitigate these impact risks though courts are not always supportive of them and may take some convincing. Bolkiah v KPMG[23], where a firm of accountants who owe the same duties as solicitors, wanted to act for BIA[24] .They wanted KPMG to carry out investigation on Bolkiah who was the former chair of the agency. Bolkiah was a former client of KPMG hence they had confidential information about him. Conflict of interest existed and so the firm created an information barrier in which they made sure that the staff working for the agency was completely separate from those who worked with Bolkiah. However the House of Lords granted an injunction in favour of Bolkiah to prevent KPMG working for the agency. They agreed that KPMG could have acted for the agency given that they took Bolkiahs consent first as per O(4.1)[25] ,O(4.3)[26] and O(4.4)(b)(i)[27] . According to the courts the information barrier did not prevent the possible outflow of confidential information thus breaching the fiduciary duty of confidentiality. Lord Millett emphasised that the duty was to keep the information confidenti al, not merely to take all reasonable steps to do so. This decision was followed in MS v Freshfields[28] . Even after creating an information barrier, firms cant escape the above risks. Therefore firms need to strictly carry out effective systems and risk management processes in order to mitigate risks and achieve SRA outcomes and principles. Relationship between Ethics and Risk Legal ethics requires solicitors to be honest and act with integrity with their clients, profession, courts and the general public. A solicitors commitment to behave ethically can be put at risk as seen in the above cases. Thus a lawyer in order to be ethical needs to produce the best outcomes for the clients, which can be achieved by following the SRA principles and code of conduct. A risk of conflict or confidentiality arises when a firm or individual fails to achieve the outcomes set out in the SRA thus making them behave in an unethical manner. The central principle of legal ethics is the conflicts of interest principle which requires the lawyers to avoid situations in which their duties to one client conflict with their duties to another client or their own interests as seen in the case of SRA v Dennison[29]. Here a firm of solicitors used a company to provide medical reports for clients. Dennison was a partner in the law firm and also owned a third of shares in that company. However he did not inform other partners of the firm and his clients about this arrangement because of his own financial gain. He did make significant profit hence breaching Outcome(3.2)(a) of the SRA code of conduct. The SRA then decided to strike him off the roll because of his dishonest and unethical professional conduct towards his clients and firm. Therefore making a commitment to acting ethically is intrinsically linked with meeting the standards and requirements set out in the SRA Code of Conduct. Hence failure to comply with the risks that obstruct the firms and individuals to achieve the outcomes and principles set out in the SRA code would make their professional conduct unethical. As being ethical towards the profession and the clients is positively correlated with complying risks that affect the SRA regulation of the firms. Risks faced by huge corporate firms compared to high street firms. SRA codes work differently for firms depending on the perceived risk that it poses to the regulatory objectives, firm size, previous compliance history and their risk management systems in place. For example internet crashing or employee absences would be a low risk for a large firm as they have enough staff to mitigate this risk because of higher client base. But for a small firm, an absence of one employee would cause a lot of trouble since they might not have anyone else who could do the work instead and so would suffer financially as the clientele would be of a smaller cohort. However some risks are same for both high street and large law firms like the lack of access to legal services. Only a third of people with a legal problem, seek legal advice and this risk is faced by the entire profession. There are various reasons as to why people do not seek legal advice and one of the main reasons is cost and practicality. As legal proceedings are expensive and one might not see any benefit in taking any legal action in terms of cost and time spent. Another reason is the lack of trust in seeking professional advice as seen in the above cases that if lawyers prefer their own interest compared to the client then clients will no longer trust the advice they are receiving. Compliance with anti-money laundering is another risk that is faced by the law firms and in some aspects it is more challenging for small firms. For example, succession planning and providing relevant training to staff are both mandatory under the MLR[30] and if not carried out effectively can potentially pose a higher risk to small firms. Since their staffing capacity and resources to deal with issues like due diligence, storage of archived files are less compared to that of a larger firm. Maintaining diversity in the legal profession is one of the other risks seen today. Large firms are less diverse compared to small ones as data shows that BAME solicitors, women, people with disabilities and those over 55 are less likely to be partners in large firms. This might be reasons due to personal choice, recruitment and promotion practice and flexible working options being not easily available. Conclusion Courts are reluctant of using Information barriers as a risk mitigating factor as seen in the above cases however it is not impossible to create an effective barrier as seen in Koch Shipping v Richard Butler[31]. This is possible if the barriers are well incorporated in the way a firm operates[32]. Even with risk mitigating factors in place, solicitors still exploit the SRA codes in order to gain their financial benefit. Therefore it is very important that solicitors strictly follow the principles set out in the SRA to achieve the best outcomes for their clients in order to uphold the rule of law and proper administration of justice.[33] References Bibliography Table of Cases Hilton v Barker Booth Eastwood [2005] 1 ALL ER 651 Schools v SRAÃ [2015] EWHC 872 (Admin) Bolkiah v KPMG [1999] 1 ALL ER 517 Marks Spencer v Freshfields Bruckhaus Deringer [2004] EWCA Civ 741 Solicitors Regulation Authority v Dennison [2012] EWCA Civ 421 Koch Shipping v Richard Butler [2002] EWCA Civ 1280 Table of Legislation Legal Services Act 2007 Secondary Sources Solicitors Regulation Authority Code of Coduct 2011 Andrew boon https://www.sra.org.uk/solicitors/handbook/code/content.page file:///C:/Users/shrutika/Downloads/Risk%20Outlook%2028%207%2016%20(1).pdf http://www.sra.org.uk/risk/risk-index.page http://www.sra.org.uk/risk/risk-framework.page Secondary Sources Solicitors Regulation Authority Code of Coduct 2011 Andrew boon References www.westlaw.law.ac.uk www.swarb.co.uk http://www.sra.org.uk/consumers/what-sra-about.page http://www.lawsociety.org.uk/support-services/advice/practice-notes/conflicts-of-interests-in-criminal-cases/ not used it https://www.lawgazette.co.uk/law/conflict-of-interest-solicitor-struck-off/5042055.article [1] Solicitors disciplinary tribunal [2] act with integrity [3] not allow your independence to be compromised [4] behave in a way that maintains the trust the public places in you and in the provision of legal services [5] Legal Services Act [6] There are 10 mandatory principles and they define the fundamental ethical and professional standards that the SRA expects of all firms (including owners who may not be lawyers) and individualzzs when providing legal services. In some circumstances they apply outside practice. [7] Hilton v Barker Booth Eastwood [2005] 1 ALL ER 651 [8] you do not act if there is an own interest conflict or a significant risk of an own interest conflict [9] Schools v SRA [2015] EWHC 872 (Admin) [10] act with integrity [11] not allow your independence to be compromised [12] behave in a way that maintains the trust the public places in you and in the provision of legal services [13] Principle 4 Act in the best interests of each client; [14] Principle 5 Provide a proper standard of service to your clients; [15] run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles [16] Risks which arise through the activities of regulated firms, their employees and regulated individuals employed by non-regulated persons, businesses or organisations. [17] Risks arising from or affecting the operation of the legal services market. [18] Risk that firm or individual undertakes an action or omits to take an action which impacts negatively on SRA meeting the regulatory outcomes. [19] Risk arising from a firms internal processes, people and systems. [20] Risks arising from the viability of the firm and the way it is structured [21] Enables the firm to segregate collections of employees with a guarantee that one part of the firm will not communicate with the other. [22] where informed consent by a client is not possible, you put in place effective safeguards including information barriers which comply with the common law; [23] Bolkiah v KPMG [1999] 1 ALL ER 517 <
Sunday, August 4, 2019
Reflective Practice Audit Essays -- Economics
Reflective Practice Audit Introduction Within this audit I am going to be talking about the methods of learning and how they can be assessed. I will be showing the skills and experiences of which I have, how they have been developed and a SWOT analysis to evaluate myself. Then I will have expanded on the findings of my skills and experiences, with the final point that I will then be constructing a table showing my short and long-term targets to develop skills and learning styles. Then I will have a final inclusion of my bibliography and references by using the Harvard referencing style. Methods From my research I have found out that there are four main learning styles of which I have explained below: - Pragmatist With a pragmatist they like using new ideas, theories and techniques to find out how they perform. They like applying sensible solutions to problems, and they are usually willing to recognise that there is more than likely a more effective method of performance and it is worthwhile. Reflective The reflective learners are cautious and they like to think about experiences and view them in many different ways to help them come to a conclusion. When doing this they collect and collate information to reach a conclusion. Theorist Perfectionists are what theorist learners are known to be as they prefer to observe, while analysing and solving problems logically. This type of learners use structures that help information make sense to them, as they only want to go by theories, not lateral opinions. Activist People who classify under this style are ready for new experiences, as they are open-minded and enthusiastic. They like new challenges and canââ¬â¢t wait for a new exper... ... of information and view the whole picture. Recommendation For this I have constructed a table to show aims that I need to meet in the future, as recommendations of my learning: - Short-term targets Use my time effectively by performing work for assignments on a daily basis, and consistently analysing my work to improve the standards/grammar of work to help me deadlines. Preparing for presentations, performing them effectively to increase my confidence and help me be able to answer questions to a certain extent. Long-term targets Improve my interaction with people to help me present data to a large range of aged people. Learn about more accounting related information such as the law, and gain more highly skilled accounting qualifications. Maintain a high level of attendance of which is above 80% over the year and be highly punctual.
Saturday, August 3, 2019
Artificial Olfactory Enhancement :: Olfactory Enhancement Essays
Artificial Olfactory Enhancement The human olfactory system is responsible for perceiving the chemical world around us. By sampling the environment, we can determine the presence of other individuals, possible danger, or distinguish acceptable food. Consisting of our sense of taste and smell, the olfactory system is a highly interrelated coordination of chemical and nerve responses. Yet as we have all experienced, human olfaction has limits. The popular image of a bloodhound leading hunters through the woods is one example of these limits. The scent trail that is all too easily picked up by the hound is completely elusive to his human companions. This is partially due to the dogàs possession of nearly twenty times more olfactory neurons than humans. Another example is evident in airports across the country. Long lines of passengers wait in line while a security guard swabs a bag and passes the sample under a mysterious black box. The machine squawks an alarm and the owner of the bag is promptly arrested for concealing explosive material. These are two simple situations in which the human olfactory system is not sufficient to meet our needs. We are dependent upon these machines and animals in order to achieve our goals. They are examples where we have identified a shortcoming of human abilities and have attempted to augment them through the aid of external devices. Nearly every aspect of human ability has seen the same attempt at embellishment. Even those that have lost functioning are able to regain some ability through the aid of external devices. Yet while wheelchairs and hearing aids are effective to an extent, it is doubtless that those individuals would benefit more if they were free from mechanical restraints. To integrate the advancement into the body itself creates an autonomous individual, whether brought back to normal functioning or elevated beyond. In the case of an individual elevated beyond normal biology, we would have expanded our own potential. An olfaction enhanced security guard could detect explosives or drugs instantaneously, without the cumbersome dependency upon a stationary device. An enhanced doctor could evaluate a patient using the subtle scent cues often present in disease. The potential for olfactory enhancement is clear. This paper will examine the potential for an augmented human olfactory system using electronic devices implanted in the body.
Friday, August 2, 2019
Free Macbeth Essays: The Importance of Sleep -- Free Essay Writer
The Importance of Sleep in Macbethà à à The image of sleep is consistently mentioned in Macbeth with the intention of creating a symbolic importance.à Macbeth himself notes that the sleep he discusses with us, is that that ââ¬Ëknits upââ¬â¢, meaning the sleep which smoothes out and pieces together. Macbeth recites this after he has spoken to Lady Macbeth directly after he committed the bloody murder of King Duncan.à He cried, ââ¬ËSleep no more!ââ¬â¢ to all the house:ââ¬â¢Glamis hath murderââ¬â¢d sleep, and therefore Cawdor Shall sleep no more, Macbeth shall sleep no more!ââ¬â¢ He frantically and almost deliriously raves, which highlights his conscience, is already bothering him. à The image of sleep is symbolized by Shakespeare to highlight one of the plays themes, conscious.à In reality sleep rests the mind, refreshes the mind and eases a person allowing them to function normally.à It is a fact that a person cannot survive without sleepâ⬠¦Ã And Macbeth as well as Lady Macbethââ¬â¢s characters demonstrate this.à They both will never be at peace againâ⬠¦&nb...
Powder â⬠Story Analysis Essay
Powder is a straightforward story about an adolescent boy and his father on a ski trip. It is a first person story; written from the boyââ¬â¢s point of view who is also a central character in this story. The parents are separated or divorced; the father has promised to have the boy back to his mother in time for Christmas Eve dinner. But the father tarries, deciding to get in a few more runs, and by the time they set off, the mountain road they must take is closed and guarded by a state trooper. Eventually the trooper leaves his post and the father decides to risk the snow-covered road. In this story, everything seems to point to disaster. The narrator (an older version of the boy) consistently conveys a sense of worry, at first only that he will be late for Christmas Eve dinner (which has added importance because the father wants to win back the favor of his wife and is screwing this up), but later we fret about their physical well-being. The father sternly warns the boy against such foolhardy behavior. Disaster looms. Yet the boy, who is so tightly wired that he numbers his clothes hangers, is finally able to relax, to trust his father, to accept his fate and enjoy the journey. ââ¬Å"If you havenââ¬â¢t driven fresh powder,â⬠he says at the end, ââ¬Å"you havenââ¬â¢t driven. â⬠Really helps to wrap up this short story nicely. This story captures the two characters as images very well as we are drawn into their lives by the author (character as presented by the author). For example ââ¬â ââ¬Å"Criminy. This will have to be a fast one. â⬠Expressed by the father give the reader, a sense of urgency and you can visualize this character on the slope with the proper expression. Then the line ââ¬Å"My father in his forty-eighth year, rumpled, kind, bankrupt of honor, flushed with certainty. He was a great driver. â⬠As expressed by the POV Character kind of brings it all together. The characters were alive from the beginning of this story and it was due to the really good characterization that was done by this author.
Thursday, August 1, 2019
The “Homeless”
Childrenâ⬠s health Many people call or write the National Coalition for the Homeless to ask about the number of homeless people in the United States. There is no easy answer to this question, and in fact, the question itself is misleading. In most cases, homelessness is a temporary circumstance ââ¬â not a permanent condition. A more appropriate measure of the magnitude of homelessness is therefore the number of people who experience homelessness over time, not the number of ââ¬Å"homeless people. â⬠Studies of homelessness are complicated by problems of definitions and methodology. This fact sheet describes definitions of homelessness, methodologies for counting homeless people, recent estimates of homelessness, and estimates of the increase in homelessness over the past two decades. Additional resources for further study are also provided. As a result of methodological and financial constraints, most studies are limited to counting people who are literally homeless ââ¬â that is, in shelters or on the streets. While this approach may yield useful information about the number of people who use services such as shelters and soup kitchens, or who are easy to locate on the street, it can result in underestimates of homelessness. Many people who lack a stable, permanent residence have few shelter options because shelters are filled to capacity or are unavailable. A recent study of 30 U. S. cities found that in 1998, 26% of all requests for emergency shelter went unmet due to lack of resources (U. S. Conference of Mayors, 1998). In addition, a review of homelessness in 50 cities found that in virtually every city, the city's official estimated number of homeless people greatly exceeded the number of emergency shelter and transitional housing spaces (National Law Center on Homelessness and Poverty, 1999). Moreover, there are few or no shelters in rural areas of the United States, despite significant levels of homelessness (Aron and Fitchen, 1996). As a result of these and other factors, many people who lack permanent housing are forced to live with relatives and friends in crowded, temporary arrangements. People living in unstable housing arrangements who lack a permanent place to stay are experiencing a kind of homelessness, but because they are not ââ¬Å"literally homeless,â⬠they will not be counted. Researchers use different methods to measure homelessness. One method attempts to count all the people who are literally homeless on a given day or during a given week (point-in-time counts). A second method of counting homeless people examines the number of people who are homeless over a given period of time (period prevalence counts). Choosing between point-in-time counts and period-prevalence counts has significant implications for understanding the magnitude and dynamics of homelessness. The high turnover in the homeless population documented by recent studies (see below) suggests that many more people experience homelessness than previously thought, and that most of these people do not remain homeless. Because point-in-time studies give just a ââ¬Å"snapshotâ⬠picture of homelessness, they only count those who are homeless at a particular time. Over time, however, some people will find housing and escape homelessness while new people will lose housing and become homeless. Systemic social and economic factors (prolonged unemployment or sudden loss of a job, lack of affordable housing, domestic violence, etc. ) are frequently responsible for these episodes of homelessness. Point-in-time studies do not accurately identify these intermittently homeless people, and therefore tend to overestimate the proportion of people who are chronically homeless ââ¬â particularly those who suffer from severe mental illness and/or addiction disorders and who therefore have a much harder time escaping homelessness and finding permanent housing. For these reasons, point-in-time counts are often criticized as misrepresenting the magnitude and nature of homelessness. There is another important methodological issue that should be considered. Regardless of the time period over which the study was conducted, many people will not be counted because they are not in places researchers can easily find. This group of people, often referred to as ââ¬Å"the unshelteredâ⬠or ââ¬Å"hiddenâ⬠homeless, frequently stay in automobiles, camp grounds, or other places that researchers cannot effectively search. For instance, a national study of formerly homeless people found that the most common places people who had been literally homeless stayed were vehicles (59. 2%) and makeshift housing, such as tents, boxes, caves, or boxcars (24. 6%) (Link et al. , 1995). This suggests that homeless counts may miss significant numbers of people who are literally homeless, as well as those living in doubled-up situations. There are at least four widely used national estimates of homelessness. Many are dated, or based on dated information. For all of the reasons discussed above, none of these estimates represents ââ¬Å"how many people are homeless. The most widely cited example of a point-in-time estimate is the approximately 500,000-600,000 homeless people found in shelters, eating at soup kitchens, or congregating on the street during one week in 1988 (Burt and Cohen, 1989). 700,000+/night; 2 million/year (1999) The 500,000-600,000 estimate is sometimes updated by using a projected rate of increase of 5% a year to produce an estimate of over 700,000 people homeless on any given night, and up to 2 million people who experience homelessness during one year (National Law Center on Homelessness and Poverty, 1999). In 1990, a national telephone survey identified formerly homeless people and produced life-time and five-year prevalence estimates of homelessness. Seven percent of the respondents reported that they had been literally homeless at some point in their lives, and three percent reported being homeless at some point between 1985-1990 (Link et al. ,1994). The Clinton Administration's Priority Home! The Federal Plan to Break the Cycle of Homelessness uses this data, corrected to include children, to estimate that between 4. 95 million to 9. million people (with a mid-point of 7 million) experienced homelessness in the latter half of the 1980s. A second study was undertaken in 1994 to refine the analysis with more explicit definitions and detailed information. This study found that 6. 5% (12 million adults nationwide) of the respondents had been literally homeless at some point in their lives, and that 3. 6% (6. 6 million adults nationwide) of the respondents had experienced homelessness (literal or doubled up) between 1989-1994 (Link et al. , 1995). Thus, it appears that 12 million of the adult residents of the U. S. ve been literally homeless at some point in their lives. Dennis Culhane's study of turnover rates in shelters in New York City and Philadelphia is another example of a period prevalence count. This study revealed that 3% of Philadelphia's population used the public shelter system between 1990 and 1992, and that in New York, 3% of the population received shelter between 1988-1992 (Culhane et al. , 1994). The Culhane study also found that in New York City, a single shelter bed accomodates four different people in the course of a year; in Philadelphia, each bed accomodates six different persons per year. Because this study did not include persons in privately funded shelters or on the streets, the findings underestimate homelessness in both cities. A study by Martha Burt compared these rates with data from seven other jurisdictions (Burt, 1994). The comparison showed that the New York City and Philadelphia rates fall well within the range of data from other regions of the country. One limited measure of the growth in homelessness is the increase in the number of shelter beds over time. A 1991 study examined homelessness ââ¬Å"ratesâ⬠(the number of shelter beds in a city divided by the city's population) in 182 U. S. cities with populations over 100,000. The study found that homelessness rates tripled between 1981 and 1989 for the 182 cities as a group (Burt, 1997). A 1997 review of research conducted over the past decade (1987-1997) in 11 communities and 4 states found that shelter capacity more than doubled in nine communities and three states during that time period (National Coalition for the Homeless, 1997). In two communities and two states, shelter capacity tripled over the decade. These numbers are useful for measuring the growth in demand for shelter beds (and the resources made available to respond to that growth) over time. They indicate a dramatic increase in homelessness in the United States over the past two decades. By its very nature, homelessness is impossible to measure with 100% accuracy. More important than knowing the precise number of people who experience homelessness is our progress in ending it. Recent studies suggest that the United States generates homelessness at a much higher rate than previously thought. Our task in ending homelessness is thus more important now than ever. The National Coalition for the Homeless provided leadership in the successful effort to pass the Stewart B. McKinney Homelessness Assistance Act in 1987. Since then, NCH has continued to monitor the reauthorization and appropriations process for McKinney Act programs and other programs affecting poor and homeless people. NCH supports legislation to provide an adequate supply of affordable housing, jobs which pay a living wage, and universal access to health care. Legislative Alerts Learn about homelessness-related legislation being considered by Congress and what you can do about it. General Homelessness Issues NCH's 2000 Federal Legislative Agenda This document provides an overview of NCH's federal legislative priorities for 2000, including housing, health, education, income, and civil rights. The McKinney Act The Stewart B. McKinney Homeless Assistance Act was the first ââ¬â and remains the only ââ¬â major federal legislative response to homelessness. This fact sheet provides a brief history of the McKinney Act, describes its content and evolution, and summarizes recent trends in McKinney Act legislation and funding. Funding and Budget Issues Appropriations for Federal Homeless Programs Table of FY95-00 funding levels for homeless programs. FY2001 Budget and Homelessness This page summarizes the most recent budget and appropriations legislation and provides NCH's recommended funding levels for federal homeless programs. Housing and Shelter Issues Community Housing Investment Trust Discusses key provisions of an NCH-sponsored initiative to create one million units of high-quality, affordable rental housing for persons whose annual incomes are less than the minimum wage, including persons with disabilities, elder age, or low-wage incomes. McKinney Side by Side Side by Side comparison of major components of proposals to amend HUD homeless legislation (July 2000). Housing and Welfare Reform: Background Information Prepared by the Center on Budget and Policy Priorities, this paper explores the impact of welfare policy on housing and the impact of housing policy on welfare. Welfare Issues Welfare to What: Early Findings on Family Hardship and Well-Being Published by the Children's Defense Fund and the National Coalition for the Homeless in November 1998, this report examines the impacts on families two years after the signing of the federal welfare law. It presents national and local findings and compiles more than 30 state and local studies. The Executive Summary is available at http://nch. ari. net/w2wexec. html. The full report may be downloaded below. Welfare to What (Full Report ââ¬â 246K) Note: To view this file, you will need Acrobat Reader. Using TANF to Reduce and Prevent Homelessness: Effective Practices and Strategies. Published in May 2000, this paper was written to provide specific examples of how states and communities have used TANF productively to reduce and prevent homelessness. Other Internet Resources on Welfare and Poverty Links to online organizations and sources of information on poverty and welfare. Education Issues School Segregation and Homeless Children and Youth This overview summarizes available information on integrated homeless education programs (those programs that help homeless children enroll, attend, and succeed in mainstream schools) and segregated classrooms or schools (those that separate homeless children from housed children on the basis of their homelessness alone). For more detailed information, including program examples, please see School Segregation and Homeless Children and Youth: Questions and Answers Reauthorization of the McKinney Act's Education for Homeless Children and Youth Program Congress will consider legislation to reauthorize the McKinney Act's Education of Homeless Children and Youth (EHCY) program in 1999. The EHCY program works to ensure homeless children and youth's enrollment, attendance, and success in school. This page provides up-to-date information on reauthorization for advocates, teachers, service providers, and administrators, including analyses and summaries of reauthorization legislation, links to relevant committees, and more detailed action alerts. America's Homeless Children: Will Their Future Be Different? A Survey of State Homeless Education Programs The McKinney Act is responsible for significant improvements in homeless children's access to public education. However, increasing homelessness among families with children and a simultaneous reduction in federal funding threatened the progress that states and communities had made in helping homeless children and youth enroll, attend, and succeed in school. This 1997 40-state survey examines the accomplishments and challenges of homeless education programs faced with increasing demand for services and decreasing resources. Making the Grade: Successes and Challenges in Educating Homeless Children and Youth The 1996 Position Document of the National Association of State Coordinators for the Education of Homeless Children and Youth. This report summarizes the history and progress of efforts to educate homeless children and youth, profiles 30 selected state homeless education programs, and offers recommendations for improving the McKinney Education for Homeless Children and Youth program. Health Issues No Open Door: Breaking the Lock on Addiction Recovery for Homeless People This NCH report examines what has been learned in the last decade about the barriers that homeless people face in accessing addictive disorder services and the treatment and recovery interventions that are effective with the homeless population. The Projects for Assistance in Transition from Homelessness (PATH) Program Describes the function and accomplishments of the McKinney Act's Projects for Assistance in Transition from Homelessness (PATH) program, as well as NCH's recommendations for expanding and strengthening PATH. Homeless Treatment and Recovery Competitive Grant Program Describes NCH's initiative to reauthorize and appropriate funds for a national competitive grant program to develop and expand addictive and mental disorder treatment and recovery opportunities for homeless persons with addictive and mental disorders Increased Demand, Decreased Supply: Challenges to the McKinney Act's Health Care for the Homeless Program Changes in the health care marketplace, in public policy, and in the face of homelessness itself are creating new demand for health services for homeless people according to this study published by the National Health Care for the Homeless Council and the federal Bureau of Primary Health Care.
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