The Insurable Interest Doctrine- Indian Perspective

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY ______________________________________________________________________________ The Insurable Interest Doctrine __________________________________________________________________ Name: Sukriti Guha Roll No. : 142 Semester: VIIIth Class: B. A. , LL. B. (Hons. ) Subject: Insurance Law Submitted to: Ms.Aparna Singh TABLE OF CONTENTS I. Introduction II. Can there be any valid insurance agreement without insurable interest? III. Creation of insurable interest IV. Wager and insurance V. Types of insurable interest VI. Time or duration of insurable interest VII. Insurable interest vis-a-vis life insurance contract VIII. Insurable interest vis-a-vis marine insurance contract IX. Insurable interest vis-a-vis fire insurance contract X. Conclusion Bibliography I. INTRODUCTION The aim of insurance is to shift risk from one person (the insured) to another (the insurers).In insurance contract as a matter of public policy, certain insurable require ments must be met, to make it valid. Insurable interest is one of the basic requirements of the insurance. Without it the insurance contract is a mere wagering agreement. In India it is strange that the Insurance Act 1938 does not contain a definition of insurable interest. The only section, namely section 68, which makes a passing reference to the words ‘insurable interest’ stands repeated by section 48 of The Insurance Amendment Act 1950.Briefly stated there is no legislative guidance in Indian law on the subject but still marine insurance defines under section 7 of the marine insurance act 1963 defines insurable interest. Insurable interest is also defined as a legal right to insure an asset or person. In theory, therefore, nothing more is payable than the amount of actual loss. It follows that unless the assured has a pecuniary interest in the thing insured, no question of loss or indemnity shall arise. A person cannot therefore insure a thing, the loss of which can not cause him any financial loss.A policy of insurance, therefore, is void if the insured has no such pecuniary interest in the subject matter of the insurance. Any person, who would suffer from destruction or loss of a thing, has insurable interest in that thing. The insurable interest must: * Be definite * Be capable of valuation * Be legally valid and subsisting * Involve the loss of legal right * Involve a legal liability II. CAN THERE BE ANY VALID INSURANCE AGREEMENT WITHOUT INSURABLE INTEREST? The existence of insurable interest is an essential ingredient of any insurance contract. It is an important and fundamental principle of insurance.It can be defined as the legal right to insure arising out of a financial relationship recognized under law, between the insured and the subject matter of insurance We find that the meaning of the term insurable interest is liberally interpreted. It is not always the legal interest or a full interest that's required by the courts but it shoul d be such that it would be sufficient if it is recognized by court of law or equity as such interest. The following points may be gathered: 1) The interest should not be a mere sentimental right or interest, for example love and affection alone cannot constitute insurable interest. ) It should be a right in property or a right arising out of a contract in relation to the property. 3) The interest must be pecuniary that is, capable of estimation in terms of money. In other words, the peril must be such that its happening may bring upon the insured an actual or deemed pecuniary loss. Mere disadvantage or inconvenience or mental distress cannot be regarded as an insurable interest but this rule not strictly followed in life insurance cases. 4) The interest must be lawful, that is, it should not be illegal, unlawful, and immoral or opposed to public policy and does not harm any others legal justified claim.In the case of Brahma Dutt v. LIC, one Mukhtar Singh a petty school teacher on sa lary of Rs 20 took a policy for Rs 35,000 on his life making false statements in the proposal and nominated a stranger Brahma Dutt for the policy. The nominee paid the first two quarterly premiums by which time the life insured died. The nominee intimated the insured's death and claimed the sum assured. It was found on evidence that Brahma Dutt had taken the policy without any insurable interest in the life of the deceased for his own benefit and that therefore it was void being a wagering agreement.The Supreme Court in the case of Suraj Mal Ram Niwas Oil Mills (Private) Limited v United India Insurance Company Limited held that the objection of the insurer about the non-disclosure of dispatch of each and every consignment, as pointed by the second surveyor, learned counsel submitted that the said condition has to be understood in the context of the fundamental condition that the insurance cover was intended to secure only the â€Å"insurable interest† of the appellant in the dispatches.It was urged that the appellant had declared only those consignments in which they had an â€Å"insurable interest† as in relation to dispatches which had not been declared, the consignees had desired that their consignments should be dispatched without an insurance cover. In all such cases, the purchasers took the risk of loss to their goods, and hence the appellant had no â€Å"insurable interest† in them, unlike in the consignment in question for which due declaration was made. Reference was made to the decisions of this Court in New India Assurance Co. Ltd v. G. N. Sainani, and New India Assurance Company Limited v.Hira Lal Ramesh Chand , wherein it was held that â€Å"insurable interest† over a property is â€Å"such interest as shall make the loss of the property to cause pecuniary damage to the assured and under this case it will make a damage to the interest of the insured. III. CREATION OF INSURABLE INTEREST There are a number of ways in wh ich insurable interest will arise or can be created. Few main ways are: 1) By Contract -In some contracts a person will agree to be liable for something, which he or she would not ordinarily be liable for. A landlord is normally liable for the maintenance of property he owns rather than the tenants.A lease may, however, make the tenant responsible for the maintenance, repair etc. of the building. Such a contract places the tenant in legally recognized relationship to the building. This gives him an insurable interest, which would not be present if the contract had not been entered into so these kinds of special contractual relationships give arise to the insurable interest on something on which otherwise one does not have any kind of insurable interest. 2) By Common Law – Where the essential elements of insurable interest are automatically present, the same can be described as having arisen at common law.The most straight forward example is ownership. One can own a house, and there is therefore entitlement to insure it equally the common law duty of care which one owes to the other, may give rise to a liability which again is insurable. Like the use or driving of a motor vehicle in a public place is sufficient insurable interest for the purpose of effecting insurance in the favour of the third party. 3) By Statute – Some time an act of parliament will create an insurable interest either by granting some benefit or imposing a duty.While the statute may create insurable interest where none would otherwise exist. There can be some statutes which can restrict liability and thereby also restrict insurable interest. IV. WAGER AND INSURANCE In a contract of wager all the parties do not have any interest in the happening of the event other than the sum. This is what marks the difference between a wagering agreement and a contract of insurance because every contract of insurance requires for its validity the insurable interest. Insurance affected without insurable interest is no more than a wagering agreement and therefore void.Insurable interest means the risk of loss to which the assured is likely to be exposed by the happening of the event assured against. In a wager on the other hand neither party is running any risk of loss except that which is created by the agreement between two or more than two parties. We all also know that wagering is illegal in India and against to the norms of society or in short wagering is against public policy and distinction between a insurance and a wager is this a insurance is properly speaking a contract to indemnify the insured in respect of some interest which he has against perils which he contemplates it will be liable to.In the case of Alamani v. Positive Govt Security Life Insurance Co. , the plaintiff’s husband took a policy of insurance on the life of Mehbub Bi, the wife of a clerk working under him and about a week later got the policy assigned in the favour of the plaintiff, Mehbu b Bi died a month later and the plaintiff as assignee claimed the sum assured and in this case court find that there was no insurable interest present in this case and hence this insurance contract held to be contract of wager and held to be void.V. TYPES OF INSURABLE INTEREST There are basically two types of insurable interest (1) Contractual (2) Statutory. As we have seen in some cases that interest in the subject matter of insurance is required by law itself for the validity of the policy, whether by express statutory law as in the Marine Insurance Act 1906 or as by section 30 of the Indian Contract Act which merely declares that all contracts by way of wager is void. This is the interest required by statue r the statutory shareholder. If this agent is absent, the insurance is illegal or void and no agreement between the parties dispensing with this requirement can be effective. In an action upon such a contract if the insurer does not raise the plea of want of interest neverthel ess the court of its own motion may refuse to enforce the contract. Courts however, lean in favour of the existence of a valid interest as far as possible, so as to render the contract enforceable.It has also been held in some cases that there is nothing illegal about the insurer paying on policy without interest as the objection or want of insurable interest is purely technical and has no real merit as between the insurer and the insured. Let's take a case law in detail that will clear the picture of the difference between these two kinds of insurable interest. In the case Macaura v. Northern Assurance Company, one Macaura insured timber in his estate against fire. He sold timber to a company of which he was the sole substantial shareholder.Thereafter most of the timber was destroyed by fire and he demanded that he should be indemnified. The insurer succeeded in refusing to comply with the demand. The insured had no statutory interest in the assets of the company though too he woul d suffer loss on the company losing its property, nor he had any contractual interest under the policy because he could not prove interest at the time of the loss. Though the insured had no statutory interest the policy was held to be not a wagering contract because even being the sole shareholder he had an interest or better call insurable interest in the property.VI. TIME OR DURATION OF INSURABLE INTEREST The time when the insurable interest must be present varies with the nature of the insurance contracts. The question is whether insurable interest should exist at the time when the contract is formed or should it also continue to exist until it is discharged but as we have seen in life insurance the presence of insurable interest is necessary at the commencement of the policy although it is not necessary afterwards, not even at the time of occurrence of risk.So it should be there in life policies at the time of taking the policy it need not exist at the time when the loss takes p lace or even when the claim is made under the policy. Life insurance contracts are not strictly speaking contracts of indemnity. In fire insurance, it's required both at the commencement of the policy and at the time when the risk occurs. In a sense, therefore it may be said that insurable interest is doubly insisted upon in fire insurance.The insurance interest is necessary at both the times because it is treated as a personal contract and also a contract of indemnity. And even the onus that the fire was intentional is on the insurer and not the insured. In a marine insurance contract the presence of insurable interest is necessary only at the time of the loss. It is immaterial whether he has or does not have any insurable interest at the time when the marine insurance policy was taken. VII.INSURABLE INTEREST vis-a-vis LIFE INSURANCE CONTRACT Life insurance contract is not a contract of indemnity and a person affecting a policy must have an insurable interest in the life to be assu red. In the life insurance policy persons having relationship by marriage (example, husband and wife), blood (example, father and son) or adoption (example, adopted son and his mother), have been recognized as having insurable interest. Few examples of relationship which have insurable interest in the life of other: * Child has the insurable interest in life of parents and vice versa even the illegitimate child. Wife has an insurable interest in the life of husband and vice versa * Debtor has an insurable interest of the life of creditor and vice versa * Master has an insurable interest in the life of servant and vice versa * A company has an insurable interest in the life of manager or director or partners or other employees and vice versa * Husband or wife have a insurable interest in the life of father-in- law or mother in law and vice versa * Insurable interest in the life of grandparents and vice versa * Insurable interest of a person on his own lifeInsurable interest in India need not be confined to a pecuniary interest. Sentimental interest or an interest based on close family relationship may constitute a sufficient insurable interest. The closeness of relationship operates as a protection to the life of the insured and does not place him in the danger of being murdered. But when a person seeks insurance on his own life, the question of insurable interest is immaterial. There can also be no element of wagering, for whatever gain may accrue, will be by his death and that is no gain.No man will gamble on his own life to gain a pyrrhic victory. And if somebody commits suicide to get the benefit of claim for his beneficiary or relatives his claim will not be entertained. VIII. INSURABLE INTEREST VIS-A-VIS MARINE INSURANCE CONTRACT Insurable interest is a special requirement of the marine insurance contract and any valid contract of marine insurance can be entered onto by person only if he has insurable interest in the marine adventure. And what is importan t for insurable interest is that: ) There should be a physical object which is exposed to the marine perils 2) The assured must have some legally recognized relationship with that object in consequences of which he benefits by its preservation and is prejudiced by its loss or damage. Few instances which show insurable interest in a marine insurance policy: 1) The insurer under a contract of marine insurance has an insurable interest in his risk which he may re-insure. 2) The lender of money on bottomry or respondentia has an insurable interest in respect of loan . ) The masters of the crew of a ship have insurable interest in their wages. IX. INSURABLE INTEREST vis-a-vis FIRE INSURANCE CONTRACT Few instances of persons who can have insurable interest in any insured property by fire: 1) Owner of the property , joint owner, sole owner, or a farm owning the property 2) Lessor and lessee both have insurable interest on any property 3) The vendor or the purchaser both have the right 4) T he mortgagor and mortgagee 5) Trustees are legal owners and beneficiaries the beneficial owner of the trust property and each can insure it. ) Bailees such as carriers, pawnbrokers or warehouse men are responsible for the safety of the property entrusted in them and so can insure it. X. CONCLUSION To be legally enforceable, all insurance contracts must be supported by an insurable interest. Insurance contracts must be supported by an insurable interest for the following reasons. * To prevent gambling: Insurable interest is necessary to prevent gambling. If insurable interest is not required, the contract would be gambling contract and would be against public interest. For example you can insure the property of another and hope for an early loss.You can similarly insure the life of another person and hope for an early death. These contracts would be gambling contracts and would be against public interest and public policy and so need to be checked and stopped. * To reduce moral hazar d: Insurable interest reduces moral hazard. If insurable interest is not required, a dishonest person could purchase a property's insurance belonging to someone else and then deliberately cause a loss to receive the proceeds; but if the insured stands to lose financially, nothing is gained by causing the loss.Thus moral hazard is reduced. In life insurance, insurable interest requirement reduces the incentive to murder the insured for the purpose of collecting policy claim or anyone can set fire his home to claim the fire insurance claim or one can kill any third person insured by him. * To measure the amount of the insured's loss in property insured: Finally in property insurance insurable interest measures the amount of the insured's loss. Most of the property insurance is contracts of indemnity and the measure of recovery is the insurable interest of the insured.In the event of loss, payment cannot exceed the amount of one's insurable interest as the principle of indemnity shall apply. The object of insurance in such a case is to indemnify the assured to the extent of the commercial value of the thing lost. It follows that unless the assured has a pecuniary interest in the thing insured, no question of loss or indemnity shall arise. A person cannot therefore, insure a thing, the loss of which cannot cause him any financial loss.A policy of insurance therefore is void if the insured has no such pecuniary interest in the subject matter of insurance. Any person who would suffer from the destruction of loss of a thing has insurable interest in that thing. Therefore, we can conclude that an insurable interest is essential for making any insurance agreement a legally binding insurance contract. BIBLIOGRAPHY 1. Emmett J. Vaughan & Therese Vaughan, Fundamentals of Risk and Insurance (9th Edn. 2003) 2. Dr. Rakesh Agarwal (Ed. , Guide to Practice of General Insurance (Paper No. 11 of I. I. I. ) (Key for Licentiate Examination), (2nd edition, 2011) 3. Centre of Public ations, Handbook on Opening of Insurance Sector – Policy, Regulations, Guidelines and List of Foreign Companies (2011) 4. H. Narayanan, Indian INSURANCE – A Profile (2008) 5. C. L. Tyagi & Madhu Tyagi, Insurance – Law and Practice (2007) 6. India Brand Equity Foundation http://www. ibef. org/ 7. Investopedia

Consider the importance of Curley’s Wife Essay

   She seems to believe that the man sent her a letter, and that her mother ripped it up, so she left home and, out of spite, married Curley. Even thought she never received the letter, she still clings on to the tiny bit of hope that one day she will be in the movies. Unfortunately, she dies before she has the chance to fulfill her dream, just as Lennie does. This represents and shows the reader how lives never go to plan. Their dreams are wishes for untarnished happiness and the freedom to fulfill their dreams is non-existant. As well as being important in the story, she also has some distinct unimportance. In the novel, she is never given her own name; she has the title of Curleys Wife and is looked upon as his property. It is as if she has no human rights. Whilst everyone else on the ranch has a name, including Crooks the stable buck, she is just defined as the wife of a man she hates. She tells Lennie that, â€Å"he ain’t a nice fella. † She doesn’t like being locked up in the house, and ends up having to sneak around so Curley doesn’t catch her. She also seems insignificant in comparison to the other characters, as she has no specific job on the ranch. She seems to have a lot of time on her hands, because she is heavily made up, and her hair seems to be perfect each time she appears. She fills her time in this way. She also wanders the ranch constantly claiming that she’s â€Å"looking for Curley. † This is because otherwise she is always in the house or hiding from Curley. For example, in Chapter One, when Lennie and George have first arrived, she is stood at the doorway asking for Curley, and after she has left, Curley arrives and asks if anyone has seen his wife. This proves that she is always hiding from Curley, and he is always keeping a watchful eye on her. When she dies, and is lying in the hay, Curleys intentions seem to be just to get revenge, nobody mourns her death. Only Slim has the decency to â€Å"touch her cheek,† and check her pulse under her â€Å"slightly twisted neck. † Curley jumps up and immediately says, â€Å"I know who done it. † His only thought is to kill Lennie. Ever since Lennie crushed Curleys hand he’s been planning revenge, and now he has the perfect reason. Nobody stops to mourn a young, unfortunate, nai ve girl’s death. Even though she has been at the ranch for only two weeks, she seems to already have gathered a reputation of a tart. George generally seems to regard all women as â€Å"jailbait† but knows that there’s â€Å"gonna be a mess ’bout her. † Of course, he is right. The other men on the ranch also think she’s a tart, and Whit thinks that Curleys wife has â€Å"got the eye goin’ all the time,† and Candy also says that â€Å"She got the eye. † Neither of these comments are factual, but they give you a bad impression of Curleys wife. When Curleys Wife first appears, her â€Å"hair is in curls†, she has â€Å"rouged lips†, and is wearing â€Å"red fluffy mules. † She is wearing a lot of red and this usually represents prostitution. When she has left after flaunting her body, George remarks, â€Å"Jesus! What a tramp! † Whit also says â€Å"she ain’t concealing nothing. † She could be more modest but she just wants male attention and the only way she can do this is by showing off her body. Although the main impression of Curleys Wife is that of a tart, there are many qualities that make you feel pity for her. She isn’t bright, and has an isolated life in her house, trying to hide from Curley. She says, â€Å"I don’ like Curley,† and clearly regrets marrying him. When describing her dream, she uses â€Å"I coulda,† and not â€Å"I will. † The girl has no hope and believes her life will be living on the ranch, doing nothing but hiding from Curley. She is also very nai ve, in the last Chapter, when Lennie kills her, she is led in the hay and is described as â€Å"pretty†, â€Å"sweet†, and â€Å"young†. All of these characteristics are those of an innocent girl, the young woman Curleys Wife really was. Curley only wants revenge for her death, Slim is the only person who checks her pulse, and even tells Curley to stay behind, but revenge is all Curley wants. Even Candy curses over her dead body, he says, â€Å"you god-damn tramp† and claims that she ruined his dream of owning the ranch with George and Lennie. Candy blames Curleys Wife, who was really just a lonely girl, and needed someone to talk too. Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE John Steinbeck section.

Federal Government of the United States and Sequestration

Understanding Sequestration Christine Miller Webster University Author Note Christine A. Miller, Webster University. Correspondence concerning this article should be addressed to Christine Miller, 21356 89th Street, California City, CA 93505. E-mail: [email  protected] net Abstract Understanding sequestration can be overwhelming. What are government sequestration and the Budget Control Act (BCA) of 2011 and how do they impact us? Which government agencies will feel the impact the most? Are there agencies that are exempt from the sequestration?And finally, is there a way to prevent the sequestration? A budget sequester is when money under current law is used to fund the budget deficit. President Barack Obama signed into law on Aug 2, 2011 a federal statute titled The Budget Control Act (BCA) of 2011. This federal statute will impose limits on discretionary programs by more than $1 trillion over ten years from 2012 through 2021. These limits are based on the Congressional Budget Offi ce baseline from 2010 (Kogan, 2011). Sequestration was technically triggered when Congress failed to reach an agreement by Jan. 5, 2012, but because the cuts do not begin until 2013, Congress really has until the end of this year to enact new legislation that would cancel or delay the cuts (OMB Watch, Nov 6, 2012). As an employee on a military installation, the impacts of the sequestration could cause short and long term effects on our contractor support. Understanding Sequestration Sequestration can be broadly defined as the action of taking legal possession of assets until a debt has been paid or other claims have been met. In government terms, a sequestration is an attempt to reform Congressional voting procedures.This is an effort to make the size of the Federal government's budget deficit a matter of conscious choice rather than simply the outcome of an appropriations process. A process in which no one ever looked at the cumulative results until it was too late to change them. If the appropriation bills passed separately by Congress provide for total government spending in excess of the limits Congress earlier laid down for itself in the annual Budget Resolution, and if Congress cannot agree on ways to cut back the total, then an automatic form of spending cutback takes place.This automatic spending cut is what is called sequestration (Johnson, 2005). What are the major elements of the BCA of 2011? First, it allowed the President to raise the debt limit by $2. 1 trillion. This limit is estimated to be enough through early 2013. Second, established limits on annual appropriations bills which cover discretionary or non-entitlement programs such as defense, education, national parks, the FBI, the EPA, low-income housing assistance, medical research, and many others; the limits reduce projected funding for these programs by more than $1 trillion through 2021.Third, it required the House and Senate to vote in the fall of 2011 on an amendment to the Constitutio n to mandate a balanced budget every year. Fourth, it established a Joint Select Committee on Deficit Reduction to produce legislation to reduce projected deficits by at least an additional $1. 2 trillion through 2021 (beyond the savings generated by the discretionary caps). And finally, the BCA established a contingency mechanism to ensure that $1. 2 trillion in deficit reduction would be achieved if the Joint Select Committee failed.This provided for automatic, across-the-board budget cuts in many programs in 2013 and reductions in each year from 2014 through 2021 in the annual caps on discretionary appropriations as well as automatic cuts in selected entitlement programs (Kogan, 2011). Which government programs will feel the impact the most? If sequestration does take place the cuts will be divided evenly between the defense and non-defense programs, approximately $55 billion each.Non-exempt non-defense programs like Head Start and education programs will have an 8. 2% cut, appro ximately $38 billion. Non-exempt non-defense mandatory programs like agricultural disaster relief will have a 7. 6% cut, approximately $5. 6 billion. Payments to Medicare providers and health insurance plans will have a 2% cut, approximately $11 billion. In addition, non-exempt defense discretionary programs will have a 9. 4% cut, approximately $54. 6 billion (OMB Watch Nov 2, 2012).This includes keeping military bases open, paying salaries and research and development. The approximately $55 billion in 2013 defense cuts will be imposed in a similar but not identical manner. The defense cuts will occur through across-the-board, proportional reductions in the funding provided for defense accounts in the appropriations bills. War costs within the National Defense function are subject to sequestration, as are defense unobligated balances carried over from prior years.Although military personnel are not exempt from sequestration the President can exempt some or all military personnel fun ding from the sequestration. This is because the funds for fiscal year 2013 will already have been appropriated by Congress. However, if he chooses that option, the cuts in other defense funding would have to increase. As of Nov 13 the President did exempt military personnel from sequestration (OMB Watch Nov 2, 2012). Which government programs are exempt from automatic cuts?A number of programs are exempt to include Social Security benefits, all programs administered by the Department of Veterans Affairs, interest on the federal debt, refundable tax credits, and several low-income programs. Low-income programs that are exempt include food stamps, child nutrition programs, Medicaid, foster care, Temporary Assistance for Needy Families, mandatory funding under the Child Care and Development Fund, the Children’s Health Insurance Program, and the Supplemental Security Income program (OMB Watch Nov 2, 2012). So what are the expectations for 2014 and beyond?The process for 2014 and out is quite different. The required defense funding cut of approximately $55 billion in each year from 2014 through 2021 will occur through reductions in the annual statutory caps on defense funding that the Budget Control Act sets for each of those years if sequestration is triggered. Unlike in 2013, there will be no automatic cut of all affected defense programs by the same percentage; instead, the Appropriations Committees will decide how to live within the newly reduced defense funding caps (Kogan, 2011).For non-defense programs the process will be the same as in 2013 for entitlements but different for non-defense discretionary programs. Medicare payments to both providers and health insurance plans will continue to be cut by 2 percent. However, because Medicare costs are projected to rise through 2021, the dollar amount saved will increase from $11 billion to approximately $18 billion in 2021. In years 2014 through 2012, the remaining amount of the approximately $55 billion i n non-defense cuts will be applied proportionally to other non-exempt mandatory programs and overall non-defense discretionary funding.Because Medicare will take a progressively larger share of the $55 billion non-defense cut, other non-defense programs cuts will continue to decline (Kogan, 2011). One of the biggest concerns of the sequestration is the possibility of prompting a recession in 2013. The combination of expiring tax cuts and the reductions in spending on discretionary government programs, known as the ‘fiscal cliff’, could throw the country back into recession. However, the hopes are that a budget deal would be reached in early 2013 that would retroactively cancel the sequestration.Within the Department of Defense (DoD) there is a lot of concern with sequestration and the automatic cuts that would be implemented in fiscal year 2013 if Congress fails to reach an agreement on the deficit reduction plan. The Under Secretary of Defense (Comptroller) is working with the Office of Management and Budget (OMB) to ensure the Department is ready to implement sequestration in January if it occurs. In the meantime, consistent with OMB guidance, a memo titled Guidance on Fiscal Year 2013 Joint Committee Sequestration has been issued stating that DoD needs to continue normal spending and operations.The memo states to not let our programs, personnel, and activities to begin to suffer the harmful effects of sequestration while there is still a chance it can be avoided. The memo has directed that all commanders and managers in the DoD continue the defense mission under current laws and policies, without taking any steps that assume sequestration will occur (A. B. Carter, personal communication, Sep 25, 2012). In other words, the DoD is to continue business as usual. Although it is business as usual, government contractors may feel the greatest impact.In conclusion, sequestration would have long enduring and painful effects on all aspects of government agencies, DoD and non-DoD alike. If Congress does not meet the requirements imposed by the Budget Control Act of 2011 DoD government contractor layoffs and potential government shutdowns may occur and non-DoD government programs, like education and Medicare, will have long term consequences. Sequestration can only be prevented if Congress passes legislation that undoes the Budget Control Act of 2011 before January 2, 2013. References Johnson, P. (2005). A Glossary of Political Economy Terms.Retrieved from http://www. auburn. edu/~johnspm/gloss/sequestration Kogan, R. (2012). How the Across-the-Board Cuts in the Budget Control Act Will Work. Retrieved October 30, 2012, from http://www. cbpp. org/cms OMB Watch (Nov 2, 2012). Mitigating the Impact of a Temporary Sequester. Retrieved November 4, 2012, from http://www. ombwatch. org/mitigating-impact-of- automatic-spending-cuts OMB Watch (Nov 6, 2012). White House and Federal Agencies Could Manage Effects of Automatic Spending Cuts in E arly 2013. Retrieved November 10, 2012, from http://www. ombwatch. org/node/12266

Business Strategy Essay Example | Topics and Well Written Essays - 1500 words - 3

Business Strategy - Essay Example Jayesh (2012) further added that strategic alliances differ from mergers and acquisitions on the aspect that under strategic alliances, the partner companies maintain their autonomy or independence, which is not usually the case under mergers and acquisitions. Secondly, companies that form strategic alliances are not usually involved in direct competition but rather they offer related products and/ or services that are directed towards similar target consumers. According to Dorata (2012), there are various forms of strategic alliances and they include direct cooperation, which is the most common. The second form of strategic alliance is joint ventures whereby different companies come together and form a separate entity that they jointly own and manage together. The other form of strategic alliance is minority investments mostly in new and fast growing business organisations. Advantages Dorata (2012) in his writings listed the most common advantages of strategic alliances of which one of them is the fact that it enables companies to offer a wide variety of goods and/ or services to their consumers without incurring huge cost or spending lengthy durations in developing new products. Secondly, Dorata (2012) noted that businesses usually enter into strategic alliances to obtain competitive advantages that they would not have otherwise obtained if they operated on a solo basis. Therefore, strategic alliances enable businesses to expand more rapidly while still maintaining their autonomy unlike mergers and acquisitions strategy. Consequently, it is correct to assert that strategic alliances enable businesses to expand its customer base since it is able to reach a wide target market. Specifically to the car industry, Jayesh (2012) stated that among the companies that have recorded competitive advantages because of strategic alliances include Fuji and Toyota, which have jointly cooperated in various projects. Fuji gained an advantage from its strategic alliance with To yota based on the research and development that was conducted by Toyota that lead to the development of the Toyota’s gas-electric Prius hybrid model. Because of their strategic alliance, Fuji was also able to develop their first Subaru hybrid mainly based on the Toyota technology that was used in the manufacture of first gas-electric car (Hill, 2010). Another strategic alliance in the car industry is the one between Fiat and Chrysler that enabled the two companies to share their technology, distribution channels, and vehicle platforms. This strategic alliance was viewed to be of much benefit to Chrysler, which was struggling financially at the time when both companies where entering a strategic alliance and therefore, it was able to gain added advantages without losing its independence despite its financial position at that time (Hill, 2010). Another example of strategic alliance that demonstrated the advantages of strategic alliance over mergers and acquisition is the one be tween General Motors and Fiat that enabled both companies to benefit from reduced cost of operating, common architecture and platforms, increased efficiency in financial service operations, and cross-sharing of automotive technologies (Hill, 2010). Disadvantages According to the writings by Dorata (2012), the key disadvantage of strategic alliance is because of the fact that neither of the companies gains

Reflection paper Assignment Example | Topics and Well Written Essays - 500 words - 1

Reflection paper - Assignment Example Germanic Europe embraces low humane orientation, is result oriented, focuses on the future and likes planning. This cluster as well advocates for competition and aggressiveness. On the contrary, the southern Asia cluster embraces strong family links, high humane orientation, and deep concern for the feelings of other people. Clearly, these two clusters are extremely different. Leading a group with individuals from these regions may come with quite a number of obstacles. Communicating could be quite difficult since the people from these regions prefer different leadership styles. This means that a style that could be effective in governing the southern Asians could not be effective in managing and directing the Germanic Europeans. People from different cultures view ideas differently since their respective cultures affect their perceptions about life. For instance, it is clear to see that the Germanic Europeans are not risk takers. They follow set procedures and cannot easily deviate. As a way of preparing to prepare to handle these challenges, I would adopt the team-oriented leadership. Through this approach, I can learn the weaknesses and strengths of each member and trying to do away with petty faults in a bid to build a strong team. As a diversity conscious leader, I would leverage my strengths by acting as a coordinator, a competent team builder, a fo re-planner and a win-win conflict resolver in a bid to build strong links. The process of Appreciative inquiry (Ai) was captivating and enlightening to me. The fact that the idea is concerned with generating innovative ideas makes the experience extremely informative. This is among the most reliable techniques of achieving change in the organization. Changes for the better and continuous improvement are among the most prominent ideas in the contemporary business world. The Ai process boosts creativity and equips one with up-to-date information and knowledge. The most challenging part of the

Starwood Part Five Research Paper Example | Topics and Well Written Essays - 1250 words

Starwood Part Five - Research Paper Example Using bed linens and terrycloth as the commodity on study, the paper looks at some of the procedures that will be required to procure only the best of the bed linen and terrycloth, citing cases where it is possible to change the suppliers dealing with a particular commodity or product. This paper furthermore explores Starwood evaluation method of the suppliers’ performance in relation to contract metrics that the company will use against the suppliers. Starwood- Supply Strategy Starwood is a multinational company with operations in North America and the Caribbean. It mainly concentrates its businesses in the hospitality industry with many hotels in the United States, Canada and the Caribbean. With such a huge presence in the hospitality industry, it presents a huge challenge especially when handling issues of procurement as all operations have to be coordinated. The procurement gets more challenging when it comes to the supply chain section as the process is continuous with th e suppliers providing goods and services to the company. The president of strategic sourcing will mostly be the one in charge of ensuring everything runs smoothly when it comes to procurement. Some factors that might trigger the supply chain includes when sections of Starwood’s hotels might need to change products and get new ones , when the contracts with the suppliers expire and in some cases when the group in charge of the hotel designs come up with new ideas that need to be implemented. Cases where a specific hotel or resort requiring local contract will also call for the involvement of the supply chain department. According to Wieland and Wallenburg (2011), the supply chain is a very intricate and dynamic supply and demand channel. Usually supply chain is made up of various systems of business, people, expertise and machinery, information and also funds for the purpose of transferring a product or service from one party that provides it that is the supplier to another th at needs it- the customer. During the supply chain, the end product delivered to the customer can vary from the raw natural resources and materials to machinery. Sourcing Strategy of Starwood When a product needs to be sourced to the hotel, it will have gone into consideration from the specification effected by factors like the customers, maintenance and even the chefs in the hotels restaurant or the housekeeping department in the hotel. If the said product or service is not available or does not exist, it implies that the sourcing will be done from both the domestic and international suppliers. In cases where the product is available then, only the renewal of the contract with the supplier will be viable but in some cases a new supplier might be procured for the supply (Anna 2006). A paper or electronic form will be sent to the potential suppliers requesting information of their services or products and the price quote and all the responses received by Starwood will be kept in a da tabase to help in vetting the suppliers in future too. Thereafter, only the suppliers matching the company’s minimum requirement will be shortlisted. However this will not be necessarily based on the finance of the shortlisted company. Other factors will be considered like quality of the product and service, the area of operation, and also the legalities of the supplying

The Role of Mitosis and Miosis In Cancer Tistes Antigen (CTA) Literature review - 1

The Role of Mitosis and Miosis In Cancer Tistes Antigen (CTA) - Literature review Example In this work called "The Role of Mitosis and Meiosis in Cancer Testis Antigen (CTA)" author overviews the connection between differentiation failure and cancer development in patients with testis cancer. Division of germ cells has special features that make this illness distinguished in comparison with the other groups of cancer diseases. It is a well-known fact that the germ cell line derives from the primordial germ cells. These cells basically migrate through the dorsal mesentery of the embryo and then enter the fetal gonad that is developing in the genital ridge. In males, in this genital ridge, the primordial germ cells are enclosed by somatic Sertoli cells and are known as prospermatogonia. These proliferate for a few days and then rest at G0 or G1 of cell cycle until puberty. When the individual attains puberty, the proliferation of the prospermatogonia resumes, thus initiating spermatogenesis. Spermatogonia are the male germline stem cells and they proliferate from puberty al l through the adult life. Two meoitic divisions are involved in this step and a tetraploid of primary spermatocytes are first formed which further undergo meiosis to form haploid sperms. Cancer Testis Antigens or CTAs like MAGE and NY-ESO-1 are basically expressed in these spermatogonia. This tiny investigation is aimed at defining role reasons of CT development in patients, who are included in the high-risk group. Tables, statistics and scientific evidence-based argumentation without any doubt will help you to get the highest A!

Consumerism in Contemporary America Essay Example | Topics and Well Written Essays - 1000 words - 2

Consumerism in Contemporary America - Essay Example The paper entails a personal perspective in regards to the lessons learned from â€Å"The Year Without Toilet Paper† and â€Å"Thoreau’s Worst Nightmare† articles. The â€Å"Year Without Toilet† Paper falls within the article of â€Å"No Impact Man†, which is about Beavan, a man desiring to conserve the environment by neglecting commodities produced through modern technology. Beavan decides to live on earth and ensures there is a use of affirmative commodities for the safety of nature. The â€Å"Thoreau’s Worst Nightmare† describes how different the early life of Walden is compared to the life of his children. Consumerism refers to a situation where states desire to safeguard the interest of consumers pertaining to the products they (consumers) access, commodity pricing, and content of adverts. Consumerism in America entails an interest in improving consumption of manufactured products. Cornyn states that changes in American’s economic status led to a concern in the economic sector. Poor quality production in the manufacturing industries contributes to changes in customer preferences and hence decreases in the product demand. Services offered to customers determine the desire to go for other products of lesser costs to satisfy individual’s taste. Low incomes in the market industry disabling the processing departments result from a decrease in the selling of products. The belief that security required during business transactions is by government officers, company accountants, and organization inspectors seized to be truly certain grounds. The reason for the belief being false is because of increase in knowledge of people owning business entities. People with diversity in professional knowledge operate in different departments to guarantee growth of organizations under less expense.

Health Physiology Essay Example | Topics and Well Written Essays - 1000 words

Health Physiology - Essay Example It gives the exerciser freedom to reach their physical activity goals through different types and amount of activities each week. Moreover, the general suggestion for maintaining health and preventing diseases is doing at least 150 minutes of moderate physical activity per week. How regularly one does exercise is a vital aspect of fitness in order to stay healthy and with continued progress. This prescription often starts with 2 to 3 times a week and progress to 4 to 5 times per week. Depending on the current fitness level and the exercise history, the prescription may possibly start with as little as ten minutes of steady exercise and build upwards. Preferably, you will strive for a minimum of 20 to 60 minutes of regular exercises about three times a week. The intensity of the exercise prescription may be the most important aspect of an efficient, safe and fun program. Because every person responds differently to exercises and finding the right intensity and balance between effort and rest is critical, this is where skills of the specialist are put to test. But mostly, exercise program will usually follow a similar order, but this varies depending upon your training goals. All programs will begin with a warm up and end with a cool down and stretching. A go od exercise prescription is adjustable and flexible and can be modified frequently and easily while still moving you towards your goals. Adjustments are a steady and ongoing part of exercise prescription for the rest of your life. You will find that you need to constantly change your routine, try new activities; take breaks increase and decrease your time and intensity over the years. A huge part of exercise prescription is what type of exercise you will do. A good prescription will include a range of exercises and a balanced practice to build core strength, flexibility and endurance and base fitness first and then become much more

Plummer Vinson Syndrome Article Example | Topics and Well Written Essays - 1000 words

Plummer Vinson Syndrome - Article Example This research tells that Plummer Vinson Syndrome is considered to be a risk factor for cancer formation. It is a progressive condition and if not intervened in time, it may lead to malignancy pertaining to upper gastrointestinal tract. Plummer Vinson Syndrome or PVS, also known as Paterson Brown-Kelly Syndrome, is a rare disease condition characterized by the classical trio of symptoms such as dysphagia i.e. difficulty in swallowing, iron deficiency anemia and esophageal web. It is also called as â€Å"sideropenic dysphagia†. PVS was more prevalent in initial decades of 20th century. Now, worldwide the incidences of this syndrome have been reduced drastically due to improved socio-economic and dietary conditions but in developing countries, the cases have still been reported. Distinct causative pathology of Plummer Vinson Syndrome is not yet confirmed. Some conditions are considered to be the possible predisposing factors. They are listed as malnutrition, iron deficiency anemi a, genetics and auto-immune diseases. PVS is predominantly seen in adults of middle age group but incidences are enormously higher in females. Incidence rate is 10 times higher in females living in under developed communities. â€Å"Plummer Vinson Syndrome† – this name was coined after series of cases reported by the two physicians of Mayo clinic. Plummer was the first person in 1912 to come across few patients having similar set of complaints such as dysphagia, prolonged anemia and narrowing of the esophagus. He could not confirm this clinical picture and thought them hysterical. Later on in 1919, Vinson published similar cases of â€Å"esophageal angulations† and available clinical data was confirmed.

Fashion Management Design Lulu Lemon Brand Essay

Fashion Management Design Lulu Lemon Brand - Essay Example The paper "Fashion Management Design Lulu Lemon Brand" concerns the Lulu Lemon's Fashion Management Design. The toolkit is implied by the Three Pillars of Sustainability, which contains Economic, Ecological and Social dimensions. The term ‘sustainable development’ was born in 1987 by United Nations Commission on Environment and Development. The idea of equal attitude towards the three pillars is grounded on the hypothesis, that human needs cannot be met by one single pillar; economy, ecology and social issues are the three interconnected systems which are to remain stable. In reality, such equality doesn’t exist and economic side tends to be more convincing. Ecological and social pillars are less disputed, but ironically, they are the ones to be stressed in the first place, and the profitability is to follow naturally. In case of Lulu Lemon brand, the past experience and failures in particular need to be traced and analyzed; they are the indicators to show the dir ection to be followed in order to develop a sustainable strategy. The brand known as Lululemon Athletica was established in early 1998 by Chip Wilson. It is a Canadian company, specialized in yoga and athletic clothing. The targeted segment is the educated woman leading healthy and active lifestyle. Basically, Lululemon has developed a community-based strategy, promoting healthier, longer and fun lives. Basically, the Lululemon brand is not just about selling clothing, it is targeted at building loyalty by means of grassroots marketing.

Close Adoption vs Open Adoption Essay Example for Free

Close Adoption vs Open Adoption Essay The concept of adoption was not legally recognized in the United States until the 1850’s, with the inception of the first adoption laws. While transfers of children to substitute parents or now known as â€Å"adoptive parents† had occurred informally since American colonial times, adoption laws legitimized the informal adoptive arrangements which previously existed. There are now two different forms of adopting a child: open or closed adoptions. Although there are two options for adoption, all adoptions should be considered closed until an adoptee is 21. The adoption process for closed adoptions differs from the open adoption process and has more benefits. The open adoption process, is in which the adoptive parents actually meet and usually stay in touch with the birthparents. Birthparents voice in choosing their childs adoptive parents. Both open adoption and closed adoption use agencies or a lawyer, but in open adoption the agency gives the birthparents biographies of prospective adoptive parents, and the birthparents pick the family they are most comfortable with or â€Å"click† (Winerip 1). Compared to closed adoption, the prospective adoptive family would put their name on a list, and wait for the social worker to make a match. This doesn’t involve the need of personalities between families to match, just the potential factor of a good child support system which is the most important aspect. â€Å"Conversely, if they want a closed adoption, they shouldn’t be pressured into an open adoption because adopters may find it harder to fulfill their side of the agreement such as: sending the birthmother photos or visiting† (â€Å"Family Education† 2). Also, in open adoption the birthparents and adoptive parents meet, and might be in touch frequently during the pregnancy while closed adoption the adoptive parents didnt know where the child came from, or who his or her birthparents were which gives them more of sense that the child belongs to them and deserves all their love as if it was given birth by the adoptive mother. Many times the adoptive parents in an open adoption are able to witness their childs birth and some of these families stay in touch through their adoption agency, especially on birthdays and holidays. Others become friends or create somewhat of an â€Å"extended family†. During closed adoption however, there is no contact between birth and adoptive families. This gives both families a sense of closure. Through the closed adoption process no identifying information is provided, giving a type of curiosity back to the adoptive parents on what their child may look like instead of seeing the birth mother and assuming that that child will look like her. They are only given non-identifying information (e. g. , height in the birth family, potential hair color, medical history, ect. is provided through the third party such as the agency or attorney. When adoptions are closed, the files are usually physically sealed until the age of 21 to the adoptee and the adoptive parents giving everyone a sense of closure (Thompson 1). Closed adoption and open adoption have a key difference including the involvement of the birthparents from their point of view that is more beneficial when the adoption is closed. Open adoption birth parents experience a sense of less guilt as a benefit (Gray 27) of the adoption but what benefit does the child rear? Adoption should be more for the child and less for the birth parents emotional ground. But closed adoption does give the birth parents privacy because â€Å"placing a child for adoption is an extremely sensitive and vulnerable choice. Having a closed adoption creates an opportunity for a stronger sense of privacy,† (â€Å"N. A. I. C. H. † 1) and it can also reduce fear because â€Å"some birth mothers are concerned about explaining their choice, and a closed adoption serves as a way to prevent them from a confrontation with a child placed for adoption† (â€Å"N. A. I. C. H. † 1). Closed adoption rids the birth parents of the responsibility they were not ready for in the first place and gives the child a chance at a better life with more responsible individuals. In some cases, closed adoption kills two birds with one stone by riding a birth parent of the embarrassment of not being prepared or financially stable for a child while giving the adoptive child a chance for a better life with an adoptive family that is looking for a child to give love and a good life too. Closed adoption is more beneficial from the Adoptive parents’ viewpoint rather than open adoption. Open adoption gives the birth parents the option to demand wants of the adoptive parents and those demands may cross boundaries. In a sense, an adoptive family may get the feeling of â€Å"affirmation- As an adoptive family, you may experience a sense of empowerment or encouragement knowing that you were chosen as the adoptive family† (â€Å"N. A. I. C. H. † 2) but birth parents may still want to be in the adoptee’s life as extended family but two mom’s and two dad’s? Would that not confuse a small child? With closed adoption, the adoptive parents have full responsibility and there is no answering to birth parents or any fuzzy oundaries of rules and expectations for a child such as â€Å"birth parent interference or co-parenting concerns† (â€Å"N. A. I. C. H. † 1). The adoptive family is given the full privilege of raising their adoptive child how they would like to and â€Å"family freedom- if the birth families are not involved, the adoptive family is free to have their family time without restraints of visitations and on-going communication† (â€Å"N. A. I. C. H. † 1). It is even up to the adoptive family to decide to tell child that he/she is adopted. Closed adoption is safer for the adoptive child rather than open adoption and has more benefits. Open adoptions give the child his/her identity and suppose that by chance the birth parents are properly functioning human beings, which would give the adopted child an extended family that was healthy (â€Å"American Pregnancy Association† 1). On the other hand though, what if the child doesn’t wish to know their birth parents because he/she was adopted or their birth parents have issues or mental problems that are not healthy for the child to be around or interact with? Closed adoption eliminates these possibilities. Unless the adoptive child specifically asks who they really are, the child could be completely fine without knowing they’re adopted and have a normal family with one mom and one dad. More often than none, the adoptee’s birth parents give them up for adoption for a reason. This includes the possibilities of an unplanned pregnancy, lacking financially, or just simply aren’t ready for the responsibility. The purpose of adoption is to give the adoptee a better life than it would’ve originally had. In the end, the child still has the option of finding their birth parents records when they are of the age to legally obtain that information.

Intersections Of Race And Gender Sociology Essay

Intersections Of Race And Gender Sociology Essay Gender identity originates from the experiences of our lives and these experiences differ not only based on gender but also by other factors such as race and class. These identities are formed under the narrow structures of stereotypes, which are created as a system of social control (Andersen 311). The interactions between race and gender create stereotypes about men and women. An analysis in Sociology: Understanding a Diverse Society by Margaret L. Andersen and Howard F. Taylor and Jacquelynne S. Eccles article Gender Role Stereotypes, Expectancy Effects, and Parents Socialization of Gender Differences reveals that gender intersects with race, thus proving that manhood and womanhood emerge due to systems of prejudice and discrimination that are inextricably intertwined with race, class, and gender. Gender is part of our social structure, just as race and class are. When applied to Camara Phyllis Jones article, The Gardeners Tale, men are the red flowers and women are the pink. From the moment of birth, men and women are put into different pots. These pots symbolize socialization because the separation affects the course that a man or womans life will take. However, institutionalized sexism causes the options to be distinct. Jacquelynne Eccles of the Institute for Social Research at the University of Michigan suggests that parents are role models. Actions as simple as giving a toy truck to a little boy and a Barbie to a little girl can help develop a childs gender identity. If a child grows up with a mother who is very athletic, she is more likely to view sports as a normal part of being a girl. The same idea can apply to a boy; if he sees his dad treating his mom kindly, he is less likely to abuse his own wife. Personally mediated sexism revolves around the concept of omission. This can be seen when men are given power, prestige and economic resources for they are believed to become the next world leaders, doctors, businessmen, engineers, and scientists (Andersen 315). Women grow up wearing frilly pink dresses and are taught to be gentle and remain at home. They are excluded or discouraged from entering certain schools or career paths because they are expected to not have the capacity to exceed in certain fields. Lastly, there is internalized sexism, which can be seen in early adolescence. This once again reintegrates Eccles statement of how parents play a critical role in influencing their childrens social self-perceptions, interests, and skill acquisition (Eccles 184). Early adolescence is when people begin noticing the existence of gender differences and believing in them. Young women, generally, view themselves as having a lower math ability in comparison to young men. They go on to express less interestà ¢Ã¢â€š ¬Ã‚ ¦in studying mathematics and in en tering math-related professions (Eccles 184). Females do believe that they are more competent in English that their male counterparts and males believe their athletic competence is greater than a females (Eccles 184). Gender inequality does not exist in its own sphere. It coincides with race and class inequality. As M.P.P Root questions, is it possible to separate the gendered experiences from the racial existence (Root 162)? Latinas and African American women are discriminated by both race and gender and even possibly by class. White men, usually, are given more power; however, this does not apply to Latino men. Tim Wise, a White man, explains that he had experienced this unearned privilege. Growing up, he was given the benefit of the doubt if he did not succeed. African American men felt a weight on their shoulders for if they did not succeed, then they would be proving the stereotype, African Americans are inferior to Whites, true. Gender identity incorporates racial identity. Females are taught from a young age to have characteristics of femininity that include a nurturing yet confident personality. They should seek higher education and a career. However, African American women, compared to White women, have a greater likelihood of declaring their independence. This aspiration may come from the fact that their mothers were often career orientated women who relied on themselves. Males are also affected by their racial identity. Latino men are almost expected to embody the stereotype of machismo, exaggerated masculinity which is associated with sexist actions and honor, dignity, and respect (Andersen 313). Despite the existence of such behaviors, the relationship between Latino men and women is multidimensional (Andersen 313). These families are egalitarian so the decisions are made by both the men and the women. African American men are also subjected to certain associations such as accountability to family a nd self-determination (Andersen 313). As they mature, they in turn put a greater stress on themselves to be the breadwinner. People acknowledge that race includes systems of privilege and inequality, yet they do not realize that gender is also controlled by the same systems. Women are generally at a disadvantage when compared to men in aspects such as access to economic and political resources (Andersen 315). Women are denied an opportunity for achievement, influence, and independence. Gendered institutions are the cause of the different experiences of men and women. In a career that is dominated by men, women are treated like outsiders and seen as tokens (Andersen 314). Men, on the contrary, continue to rise to a higher position because they are viewed as more important and the career advancement may simply come from connecting and spending more time with their superiors. Women are not given these opportunities to spend time with their superiors whether it be inside or outside work. The income of an employed woman is less than that of an employed man. However, when analyzed among Hispanics and African Ame ricans, the womans income is approximately the same as the mans. Furthermore, gendered institutions build toward gender roles, which can be defined as learned patterns of behavior associated with being a man or a woman (Andersen 314). Nonetheless, in recent years, there has been a shifting of gender roles. Women are no longer presumed to be the keepers of the house and do womens work and men are working as nurses and primary school teachers and they celebrate a womans accomplishments instead of expecting it to diminish their own. These advancements and the crossing of gender boundaries also bring about drawbacks such as the questioning of ones true gender identity (Andersen 321). The roles that both men and women fall into are not random but rather are conditioned by the social context of their experiences (Andersen 313). Experiences are affirmed by race, class, and gender standing. Each exhibits different effects, depending on a persons location in the interconnection of gender, race, and class relations (Andersen 323). Males and females identify with certain gender expectations. This involves the issue of conformity. Males take risks that can lead to greater violence and all because of the cultural definition of masculinity (Andersen 311). However, it is both gender and race that further emphasize stereotypes. African American men are stigmatized as being hyper masculine and oversexed while Latinos are macho (Andersen 312). Jews, on the other hand, are viewed as being simply intellectual but asexual (Andersen 312). Woman, similarly, conform to their environment and the stereotypes of their race. As David R. Williams and Chiquita Collins state in their artic le, Racial Segregation: A Fundamental Cause of Racial Disparities in Health, it is from this segregation that African Americans lose employment access and thus income. It is no surprise that this social inequality develops into the stereotype of African American women being welfare queens (Andersen 312). Residential segregation also introduces class. Even the White race has its own distinct boundaries. Working-class white women are perceived as slutty, while those of the over-class are frigid and cold (Andersen 312). Experiences of race and gender socialization do interact with one another to create todays societal norms. To be truly able to comprehend the different stratifications among men and women begins with considering how gender structures social experiences. Race, gender, and class are all nuances that affect a persons life. Sometimes, either race, gender, or class may be the primary identity, but together each places a mark on the experiences of a person. This is why I have come to conclude that though race, gender, and class are different, they are interrelated dimensions in our social structure (Andersen 323).

Service Quality Analysis of Mental Care Employees

Service Quality Analysis of Mental Care Employees The gap between professionals and client was one of the central elements of our study. The perceptual gap between providers and clients is often studied in order to measure and analyses service quality (Brown Swartz, 1989; Klose Finkle, 1995; Luk Layton, 2002; Peiro et.al. 2005; Zeithaml et.al. 1990). Our findings that clients are tend to overestimate service quality is different from the findings by Peirà ³ and colleagues (2005), which have shown that employees are tend to overestimate service quality they are offering in a context of hotels and restaurants. Here we can suggest that service quality gaps characteristics (overestimation vs underestimation) much depends on type of service provided by the organizations. According to this comparison we assume that professionals working with PIDs have more vulnerable ethical issues in service, in other words empathy can be on higher position which itself can affect the way the service is provided by the professionals to the benefit of the client’s demands. People who are in charge to help and assist persons with intellectual disabilities with nearly every level of need, including physical, counseling, and education can be already considered as stress related. And ethical issues are deep rooted in the professional role (Raines, 2000). Employees facing ethical dilemmas in service often have mental conflict offering service as they are trained, or offering the service as clients (relatives) are asking, or demanding: what is good (virtue) or what is duty (right)? (Aroskar et.al., 1997). Our results confirm this divergence showing that there is less congruence in service quality evaluation from the clients and employees. Overestimation from clients’ represents that service is provided the way they prefer, which itself is connected to professionals’ decision – to adjust service to clients’ needs and demands. On other hand in case of professionals overestimation of service quality we have decreased clients’ satisfaction which, continuing the same logic is result of that they have different approach to the kind of service PIDs need. In this case when employees prefer to conduct service they consider is right contradicts to the service evaluated by clients, finally it leads to client underestimation and causes low level of satisfaction. These findings are similar to the study results by Emari and colleagues (2011) which tested that causal relationship is significant between perceived quality of service and client satisfaction. According to our study overestimation from employees not only connected to low client satisfaction but also decreased quality of life of users. Results reported that higher is the evaluation of service from professionals lower is the quality of life of persons with intellectual disabilities. In other words when employees perceive that service provided by them is good, relatives think that this service decreases quality of life of PIDs. Here we have to recall that these organizations are designed to care the QoL of individuals with intellectual disabilities (Martinez-Tur, Peiro, Moliner, Potocnik, 2010). And these organizations are important source of QoL for people with intellectual disabilities (Moliner, Gracia, Lorente, Martinez-Tur, 2013). Situation is quite complex, when service quality is perceived differently by clients and employees. Non-congruence and different views between them about service quality impacts organizational facets and goals; if we have satisfied clients we have emotionally exhausted professionals, and on the other hand we have lower client satisfaction and lower quality of life of PIDs. Here moderation roles are important to dilute these relationships. The moderators tested in our study have less to contribute to weaken the above mentioned relationships. Moreover, high supervisor trust can be related to increasing sense of responsibility from employees; similar to study findings conducted with social workers which reported that emotional exhaustion is significantly related to good performance (Wright Cropanzano, 1998). According to our study justice perceived by relatives has no influence on the relationship between service quality gap effects on their satisfaction. Despite of the fact that organizational justice doesn’t revealed moderation effect on gap impacts, it has direct effect on client satisfaction; results reported that they are significantly related. Also quality of service perceived by PIDs doesn’t have moder ation role on relationship of service quality gap and their quality of life. Our study shows that at Mental Care organizations employees are tend to underestimate the service quality they offer. Additionally, when employees’ overestimation is higher for service quality, clients are less satisfied with the organization. In line with previous studies (Brown and Swartz, 1989; Klose and Finkle, 1995, Peiro, Martinez-Tur, Ramos 2005), a shared vision between employees and customers is required. If the delivery of services is overestimated from professionals, the client satisfaction and their service evaluations suffer. If the service is overestimated from clients we have employees’ emotional exhaustion. Although gaps between employee and clients’ perceptions involve different alternatives (overestimation, congruence and underestimation), the predominant situation in our study involves employee underestimation. A principal theoretical contribution of this study is the incorporation of service relational benefits to gap analyses, in order to cl arify their role in predicting employees’ well-being, client satisfaction and quality of life of PIDs. The data also presented interesting observation that high supervisor trust may have undesirable impact on employees’ mental health. The findings presented above indicate that the distinction between clients and employees’ gaps is an important theoretical issue. Considering the integral role that work plays in the well-being of people s (e.g., Kahn Byosiere, 1992) and peoples well-being plays the important role for organization, e.g. turnover (Wright Cropanzano, 1998), managers must be prepared to address and utilize interventions related to the type of service is provided by their employees. Organizations must focus more attention to bring in agreement perceptions of high quality service. Also it is important to increase the organizational experience of listening to clients and do monitoring of how far are disagreement in service quality evaluation. Also there is a need for effective and continuous training programs for the employees who work at centers of intellectual disabilities to learn how to cope with emotionally demanding communications with clients. In addition, supervisors should be trained to learn how to provide assistance for front-line employees to reduce emotional exhaustion. With particular focus on potential barriers organ izations can overcome the problems related to divergence in perceptions and related to it issues. The findings have several implications for future research related to the limitations of this study. Given that the samples in this study were restricted to mental care service centers, these type organizations are different from ordinary service organizations since this is a case when service users are less able to assess and evaluate service quality; and it is evaluated by their relatives (non-direct users of service). According to this argument the findings can’t be generalized and the present hypotheses need to be replicated in other service organizations. Also Future effort in this direction could contribute to a better understanding of service gap differences in terms of functional and relational dimensions, and how far differently they impact on organizations, clients, and employees. Also it’s important to continue research in direction of factors which can moderate the service quality gap effects. One of the suggestions can be quality of life of persons with disabilities can moderate gap impact on clients’ satisfaction. Improving the life of PIDs can affect clients’ satisfaction level despite of the incongruence on service quality perceptions. Also we have to have in mind that in presented study service quality, organizational justice and quality of life all were evaluated from clients; we can consider that this is one of the limitations of the study. Future studies would be beneficial to collect data from multiple sources to minimize the potential threats. Supervisor trust role in emotional exhaustion also needs further investigation from different perspective; according to research conducted by Moliner1, Martà ­nez-Tur, Peirà ³, Ramos and Cropanzano (2013) lowest levels of burnout of employees were observed in situations of perceived ove r-benefitted reciprocity in their relations with supervisors; also study conducted with hotel employees found that perceived organizational support can significantly impact on employees’ emotions (Karatepe, 2011). Having in mind that organizations and employees differ in the degree and the way to which they are perceive shared systems, structures and rules affecting their behavior (Greenwood Hinings, 1996; Peirà ³ Martà ­nez-Tur, 2008) we assume that future research can benefit to investigate the role of supervisor trust perceived by the employees. Also there is suggestion about time: since the service is no single time activity and it is continuous in time, service quality evaluation can be repeated over time, the impact of service quality gaps on organization facets could be followed at different temporal moments. Presented study described service quality gaps and problems derived from them, evaluated by professionals and clients of Mental Care Centers. Study showed the disagreement in service quality perception among clients and employees. Employees’ experienced emotional exhaustion in situations of overestimation of service quality form employees. Service quality overestimation form employees occurred harmful for organizational satisfaction and also decreased the level of quality of life of PIDs. The findings in this study suggest some theoretical and organizational implications, as well as suggestion for future researches. Endless improvement in ethics is anticipated to be an integral and routine part of the job of everyone in mental care area. The results of our research can be also used to improve structural aspects of mental care service organizations.

Form, Duration and Participation :: essays papers

Form, Duration and Participation There are three main structural features that are used to emphasize professional development for the teachers: Form, duration and participation. Form: Is basically the format that the professional development enrichment was taught or relayed to the teachers. There are two different types of activities to emphasize form of professional development. One type is reform activities which may include â€Å"study group, teacher network, mentoring relationship, committee or task force, internship, individual research project, or teacher resource center†(Birman, Desimone, Garet, and Porter, p.29). These activities require or almost force the teacher to interact with others who have a knowledge base of professional development. These activities aren’t just the teacher sitting and being instructed on what they as teachers should incorporate in the teaching policies but they are interacting and seeing what other teachers have done who may be similar to them (meaning teaching at the same school or the same grade) and what did and did not work for them in teaching activities to their class. The second activity is the basic wo rkshop or conference, which doesn’t necessarily, gives the teachers a chance to interact. Form all in all is the format in which the professional development skills are communicated to the teacher. Duration: This structure just raises the question of the amount of time spent in learning new innovations of professional development. Through research it has been proven that with a long span of duration in structure of professional development the outcome is more elaborate and effective. According to Designing Professional Development that Works â€Å"longer duration have more subject area content focus, more opportunities for active learning, and more coherence with teachers’ other experiences than do shorter activities†. This encourages professional development enrichment to be over a period of time to ensure that the teachers are grasping everything possible from the professional development enhancement. Participation: This structure is how the teacher interacts during the professional development. The question that is raised here is â€Å"Did groups of teachers from the same school, department, or grade level participate collectively, or did teachers from different schools individually?† (Birman, Desimone, Garet, and Porter, p.29). For the professional development to be most effective it’s insisted that teachers not only participate in the professional development improvements but collectively participate. Collective participation is the collaboration of teachers who may work within the same school, subject area, or grade level. Some of the advantages of collective participation are that the teachers may be able to tell one another a specific aspect of teaching that is helpful for teaching or a specific aspect that wasn’t as useful. Form, Duration and Participation :: essays papers Form, Duration and Participation There are three main structural features that are used to emphasize professional development for the teachers: Form, duration and participation. Form: Is basically the format that the professional development enrichment was taught or relayed to the teachers. There are two different types of activities to emphasize form of professional development. One type is reform activities which may include â€Å"study group, teacher network, mentoring relationship, committee or task force, internship, individual research project, or teacher resource center†(Birman, Desimone, Garet, and Porter, p.29). These activities require or almost force the teacher to interact with others who have a knowledge base of professional development. These activities aren’t just the teacher sitting and being instructed on what they as teachers should incorporate in the teaching policies but they are interacting and seeing what other teachers have done who may be similar to them (meaning teaching at the same school or the same grade) and what did and did not work for them in teaching activities to their class. The second activity is the basic wo rkshop or conference, which doesn’t necessarily, gives the teachers a chance to interact. Form all in all is the format in which the professional development skills are communicated to the teacher. Duration: This structure just raises the question of the amount of time spent in learning new innovations of professional development. Through research it has been proven that with a long span of duration in structure of professional development the outcome is more elaborate and effective. According to Designing Professional Development that Works â€Å"longer duration have more subject area content focus, more opportunities for active learning, and more coherence with teachers’ other experiences than do shorter activities†. This encourages professional development enrichment to be over a period of time to ensure that the teachers are grasping everything possible from the professional development enhancement. Participation: This structure is how the teacher interacts during the professional development. The question that is raised here is â€Å"Did groups of teachers from the same school, department, or grade level participate collectively, or did teachers from different schools individually?† (Birman, Desimone, Garet, and Porter, p.29). For the professional development to be most effective it’s insisted that teachers not only participate in the professional development improvements but collectively participate. Collective participation is the collaboration of teachers who may work within the same school, subject area, or grade level. Some of the advantages of collective participation are that the teachers may be able to tell one another a specific aspect of teaching that is helpful for teaching or a specific aspect that wasn’t as useful.

Love and Hate in Shakespeares Romeo and Juliet :: Free Romeo and Juliet Essays

'Romeo and Juliet' is a play written by William Shakespeare. A prologue is included at the start of the play, which portrays the tragedy between 'star-cross'd lovers'. Elizabethans believed that their fate is in the stars and the prologue increases the anticipation as it shows the way they are destined. Shakespeare has also included devices to dramatise the themes of love and hate throughout the play. In Elizabethan times the audience were involved in the ongoing play. Shakespeare involves the audience in scenes such as the ballroom scene (Act 1, Scene 5.) In Act 1, Scene 5 Romeo enters an enemy?s ball where he and Juliet fall in love for the first time, which angers Tybalt. At the end of Act 1, Scene 4 the mood is foreboding as Romeo believes that things could go wrong at the ball which he was to intrude on. He shows his fear by saying: ?I fear to early, for my mind misgive some consequences yet hanging in the stars? Romeo shows his fear by saying ?fear too early?. This suggests that he believes something there was something not right which made him highly anxious. There is a use of dramatic irony as the audience already know that there was to be problems because of the prologue, which makes keeps the interest from the audience. Elizabethans believed that their fate and destiny is written in the stars. The phrase ?hanging in the stars? which Romeo commented to himself, implies his destiny is in the stars, and it also suggests that because it is in the stars then the Elizabethan audience know definitely that here are going to be ?consequences?. In the beginning of Act, Scene 5 the mood changes from worrying to joyful, as the guests begin to enter the ball which is held by Capulet who is welcoming them. The mood is uplifting because the party is ready to start. The joyful mood is shown when Capulet says: ?Welcome, Gentlemen! Ladies that have toes Unplagu?d with corns will walk a bout with you.? The mood has changed quite drastically from the end of Act 1, Scene 4 to Act 1, Scene 5. This is show by when Capulet is welcoming people to the ball, ?Welcome, Gentlemen!? His excitement showed through the exclamation mark, which suggests that Capulet is full of energy which would lift the spirits of anyone who was to enter. The quotation creates the image of people bustling in, smiling and ready for the party.

Major Themes of the Novel Things Fall Apart

Introduction For many writers, the theme of a novel is the driving force of the book during its creation. Even if the author doesn't consciously identify an intended theme, the creative process is directed by at least one controlling idea — a concept or principle or belief or purpose significant to the author. The theme — often several themes — guides the author by controlling where the story goes, what the characters do, what mood is portrayed, what style evolves, and what emotional effects the story will create in the reader.Igbo Society Complexity From Achebe's own statements, we know that one of his themes is the complexity of Igbo society before the arrival of the Europeans. To support this theme, he includes detailed descriptions of the justice codes and the trial process, the social and family rituals, the marriage customs, food production and preparation processes, the process of shared leadership for the community, religious beliefs and practices, and th e opportunities for virtually every man to climb the clan's ladder of success through his own efforts.The book may have been written more simply as a study of Okonkwo's deterioration in character in an increasingly unsympathetic and incompatible environment, but consider what would have been lost had Achebe not emphasized the theme of the complex and dynamic qualities of the Igbo in Umuofia. Clash of Cultures Against Achebe's theme of Igbo cultural complexity is his theme of the clash of cultures.This collision of cultures occurs at the individual and societal levels, and the cultural misunderstanding cuts both ways: Just as the uncompromising Reverend Smith views Africans as â€Å"heathens,† the Igbo initially criticize the Christians and the missionaries as â€Å"foolish. † For Achebe, the Africans' misperceptions of themselves and of Europeans need realignment as much as do the misperceptions of Africans by the West. Writing as an African who had been â€Å"Europea nized,† Achebe wrote  Things Fall Apart  as â€Å"an act of atonement with [his] past, the ritual return and homage of a prodigal on. † By his own act, he encourages other Africans, especially ones with Western educations, to realize that they may misperceive their native culture. Destiny Related to the theme of cultural clash is the issue of how much the flexibility or the rigidity of the characters (and by implication, of the British and Igbo) contribute to their destiny. Because of Okonkwo's inflexible nature, he seems destined for self-destruction, even before the arrival of the European colonizers. The arrival of a new culture only hastens Okonkwo's tragic fate.Two other characters contrast with Okonkwo in this regard: Mr. Brown, the first missionary, and Obierika, Okonkwo's good friend. Whereas Okonkwo is an unyielding man of action, the other two are more open and adaptable men of thought. Mr. Brown wins converts by first respecting the traditions and beliefs of the Igbo and subsequently allowing some accommodation in the conversion process. Like Brown, Obierika is also a reasonable and thinking person. He does not advocate the use of force to counter the colonizers and the opposition.Rather, he has an open mind about changing values and foreign culture: â€Å"Who knows what may happen tomorrow? † he comments about the arrival of foreigners. Obierika's receptive and adaptable nature may be more representative of the spirit of Umuofia than Okonkwo's unquestioning rigidity. For example, consider Umuofia's initial lack of resistance to the establishment of a new religion in its midst. With all its deep roots in tribal heritage, the community hardly takes a stand against the intruders — against new laws as well as new religion.What accounts for this lack of community opposition? Was Igbo society more receptive and adaptable than it appeared to be? The lack of strong initial resistance may also come from the fact that the Igbo society does not foster strong central leadership. This quality encourages individual initiative toward recognition and achievement but also limits timely decision-making and the authority-backed actions needed on short notice to maintain its integrity and welfare.Whatever the reason — perhaps a combination of these reasons — the British culture and its code of behavior, ambitious for its goals of native â€Å"enlightenment† as well as of British self-enrichment, begin to encroach upon the existing Igbo culture and its corresponding code of behavior. A factor that hastens the decline of the traditional Igbo society is their custom of marginalizing some of their people — allowing the existence of an outcast group and keeping women subservient in their household and community involvement, treating them as property, and accepting physical abuse of them somewhat lightly.When representatives of a foreign culture (beginning with Christian missionaries) enter Ig bo territory and accept these marginalized people — including the twins — at their full human value, the Igbo's traditional shared leadership finds itself unable to control its whole population. The lack of a clear, sustaining center of authority in Igbo society may be the quality that decided Achebe to draw his title from the Yeats poem, â€Å"The Second Coming. † The key phrase of the poems reads, â€Å"Things fall apart; the center cannot hold. † Underlying the aforementioned cultural themes is a theme of  fate, or destiny.This theme is also played at the individual and societal levels. In the story, readers are frequently reminded about this theme in references to  chi, the individual's personal god as well as his ultimate capability and destiny. Okonkwo, at his best, feels that his  chi  supports his ambition: â€Å"When a man says yes, his chi says yes also† (Chapter 4). At his worst, Okonkwo feels that his chi has let him down: His c hi â€Å"was not made for great things. A man could not rise beyond the destiny of his chi. .  . .  Here was a man whose chi said nay despite his own affirmation† (Chapter 14).At the societal level, the Igbos' lack of a unifying self-image and centralized leadership as well as their weakness in the treatment of some of their own people — both previously discussed — suggest the inevitable fate of becoming victim to colonization by a power eager to exploit its resources. In addition to the three themes discussed in this essay, the thoughtful reader will probably be able to identify other themes in the novel: for example, the universality of human motives and emotions across cultures and time, and the need for balance between individual needs and community needs.

The Family Nurse

It was the trounce of times it was the worst of times . . . Charles fiend penned this famous opening statement in one of his popular books which spoke almost the changing times during his day. Much has non changed either, if people interpret these same spoken language into todays context.Families however, are encountering the invariable and ever increasing bombardment of incalculable pressures or more comm entirely immediately known as stressors. Spouses confiscate a variety of government agencys never before imagined during the Tempter days. In most first foundation countries women live alone with children to support which do single parenting commonplace. In other words, any persons choice has solid make upon his own world and that of the recess of his immediate reach of influence.Another employment is when women who used to stay at class prior to the industrial age started to assume multiple roles homemaking plus other jobs excursus from tending to children and married man. This has complicated the family set-up or when the husband is left at home with no work, most conflicts arise. Husbands rarely accept willingly the tasks that wives used to do such(prenominal) as cleaning, laundry and baby-sitting. Husbands start to become contrasted and bloods take the downturn in scenarios such as when a husband perceives that the wife makes him feel she has become superior in the arrangement.The nursing profession has made ample strides primarily towards the intervention aspects when nurses work as part of a team of health providers (as he/she takes on different roles) who delivery homelessness, facilities geared to aid the ageing assess, cathexis and administer prescribed therapeutic remedies to the mentally disturbed, spouses and families in crises and especially those physically undergoing the effects of various kinds of emotional, physical (including chemical), mental and sexual abuse (Alexander et al., 2000).Specifically, the family nur se can suffice in many ways. Basically his/her role is in counseling. Knowledge not only in therapeutic techniques, medical or chemical drug application is not the only side to it. Counseling whitethorn come in the form of eliciting education on the issues or concerns of the family but it likewise has to do with the skills involved in both verbal and non-verbal communications such as active listening. The family nurse must be able to build rapport and open credibility for the helping relationship to be effective. However, the family nurse must be versed as well on morality that are expected to guide that relationship (Alexander et al., 2000).Reference1. Alexander, Margaret et al. THE FAMILY HEALTH NURSE CONTEXT, abstract FRAMEWORK AND CURRICULUM World health Organization (WHO). http//www.see-educoop.net/education_in/pdf/family_health_nurse-oth-enl-t06.pdf

Risks and Responsibilities of Coaching

The offer of this paper is to look at the ara of bump centering with reference to the sport of swimming. There is no dubiety that the ability to proscribe two types of blemish to athletes is of the ut almost importance. The safety of the athletes should therefore be the elemental repair of both mental quickness managers and coaches. By works together, star would hope, that entirely un demand injuries could be pr g e precisewherenment issueed. one and sole(prenominal)(a) of the most severe injuries that plunder follow is that of a spinal anaesthesia anesthesia wounding.The ara of close oution that addresses this issue is that of spinal impairment worry and it go forth be looked at to a greater extent than closely later in this paper. blush with whole the extra emphasis in this mean solar daylight and age on safety issues, these mentals of injuries atomic number 18 settle go across far likewise prevalent. In 1996, Michael Berger and Judith Middleton state that in the coupled Kingdom, there ar around 40,000 sisterren individu eithery grade that suffer from head injuries. Some of these individuals pass on ache received severe injuries, in that they exit arrive been unconscious(p) for at least 20 minutes and so will most apt(predicate) lease suffered learning ability monetary value.The sport of swimming has the overt danger of drowning. There atomic number 18 similarly po ecstasycy jeopardys of spinal injuries instanced by collisions with the understructure of the puddle, the borders in the jackpot and other swimmers. Many other injuries groundwork be the expiry of a slippery push down or training equipment non flushly stored proscribeddoor(a). There is withal a gamble of inadvertent detriment from the chemicals which be pitch at a kitten much(prenominal) as centilitre. Aquatic injury precludeion should be federal agency of any facilities endangerment watchfulness course of instruct ion. find oversight involves identifying and reducing atrocious conditions that can ca implement injuries and financial loss. indeed, the aim of a risk focusing is in a way a kind of antifertility medicine, to tackle the issue of a problem thus ensuring that those kinds of strokings will non occur. There be most that would contend that those individuals that suffer an injury ar doomed victims of circumstance. Many injuries can be avoided through and through an sagaciousness of the f workors that can cause injuries to occur and hence a knowledge of how to go nigh preventing such(prenominal) situations to occur.Charles Bucher and inch Krotee (1998) beg off that there is an added risk in any physical education exercise as debate to a regular class because the children be base around and non sitting in a chair. The hiring of competent, qualified and certified employees in life-or-death not sole(prenominal) for the blueprintning but withal for the conducting a nd administer of activities. By fashioning these simple efforts, the risk of injury can be minimise. Not only should the module be up to par but withal any equipment used as well as the facility macrocosm as safe as it could be. solely coaches penury to set by in full up to date certificates and licenses.All necessary mea positive(predicate)s need to be interpreted to prevent any injuries from occurring and the correct train of supervision is crucial. Bucher and Krotee justify that the coach is required to act dis mooringly in per recoiling first serve up oneself and CPR and nothing more. Coaches should everlastingly show all(a) necessary levels of sustentation in their professional activities. The American Red elude (1995) suggest that by soul how injuries are caused, this will tending prevent them from occurring by increasing the staffs certifiedness of risks and hazards, fate patrons to avoid risky behavior and developing an carriage of safety at your faci lity.The establish of locomote T from each oneers and Coaches (April 1997) explain that by identifying not only what is a potence hazard but excessively assessing their risk level, and then evaluating whether or not all necessary precautions have been taken, this should help to prevent anyone getting injured. The ISTC, were not only referring to swimmers as electromotive force victims but in like manner to coaches, teachers, lifeguards, change staff and receptionists. harmonise to Bucher and Krotee, there is no doubt in todays society that there are ever more increasing cases of teachers, coaches, schools and teams being sued in court.It seems as though police draw offyers are promptly available, also the public are becoming often more conscious(predicate) of their rights, as far as what they should be protected from a safety standpoint. It is suggested that the risk of contended action can be minimized by following many simple steps. assemblage all pertinent events about the health of your athletes. get only the best equipment song the most reputable dealers and acquiring used equipment from companies renowned for high feeling reconditioned merchandise.Not laying the blame of an injury on anyone verbally but by tendingfully phraseology the exact nature of the injury and the preceding events on an accident report. Good supervision and instruction in developedly definitive. An indispensability action plan should be drawn up, rehearsed and be ready to be actuate at a moments notice. All necessary insurance precaution should be taken. possibly this is the most comforting defense for a coach. agree to the United States move, Inc. 1998 Insurance Summary, all swimmers registered with United States Swimming are covered by the USS Insurance indemnity as long as the injury suffered by the penis was received during an approved activity to a lower place the policy. All USS swimmers are covered when they are participate in competitions, m eets or events sponsored or sanctioned by USS, participating in organized, scheduled pull sessions and in organized, wangle travel to and from sponsored and sanctioned events or organized, supervised practice sessions.Anthony McCaskey and Kenneth Biedzynski (1996) explain that coaches are those principally the defendants in law suits as it is generally agreed that coaches have the most control of those individuals in their respective sports. A coach may be found absorbed if he does not follow his duty to align to a standard conduct that protects others from un credible risk of harm. Participants are termed as either those straightaway or in coachly under the control of the coach.Case law demonst evaluate that coaches responsibilities include supervision, training and instruction, safe usage of all equipment, caterd high quality assistants, monishing of potential dangers, providing prompt and correct medical examination exam cautiousness, preventing injuries to competing at hletes. The American Red grumpy (1993) explain that lawsuits are becoming a c at oncern for those grown care. Hence in the case of an emergency, the lifeguards and coaches are becoming increasingly apprehensive about bragging(a) care to victims of injuries.The American Red address suggests that by being conscious of some basic healthy principles, individuals may little(prenominal)en the perils that they may later be found to be negligent in some area or another. All lifeguards have a duty to care. That is, they are legally bound to forget care to a injured party if the full-grown of such care is laid out in their job description. The hand overr should follow a reasonable standard of care and also-ran to do so may result in a chance of being found negligent. The Good Samaritan Laws protect anyone giving care as long as they are not negligent and they act in honorable faith.Consent should always be obtained from the individual. If the victim is an self-aggrandising and t hey refuse care, one mustiness(prenominal) not force care upon them. In the case of a child, the apply must be obtained form a nourish or guardian. each victim that is either unconscious or confused is assumed to give implied accede as it is assumed that if that person were fully witting of their predicament, they would accept the care that was offered. To obtain consent, the redeemr must identify themselves to the victim, give their level of training, explain what could be wrong and explain what care is planned.Once care is begun, a carry throughr cannot staunch giving care until mod medical professional arrive at the scene. Confidentiality must also be observed. still the facility or team spokesperson may verbalise to attorneys or the media . A rescuer should only declare with law enforcement officers and the rescue squad when it arrives. Finally, record retentiveness is essential. The memorandumation is con locatingred to be almost as principal(prenominal) as th e care itself. Bucher and Krotte (1998) state that coaches and instructors are expect to carry out their activities with all necessary levels of care.If this is not the case, then they are leaving themselves rude to a potential lawsuit filed against them for negligence. There is a compulsion for the coach or instructor to take tutelar measures. Failure to do so will result in a lawsuit. In Roth versus New York (1942), all necessary measures were taken and a bather drowned subsequentlywards walking into deep body of pee supply. There was nothing to stop this happening. The state was found to be liable. Bucher and Krotee explain that the failure to supervise correctly is the most commonly litigated situation.By having alert lifeguards and coaches, a facility can hard pull down to chances of injuries occurring. According to the American Red dun (1995), effective surveillance has four elements. The ability to substantiate the ways in which a drowning or put out swimmer beha ve in the pussycat. An example of this would be that a swimmers would have rhythmic breathing, relatively interconnected movements, have a horizontal body linear perspective and be making recognizable forrad gain in the body of weewee. In contrast a infelicitous swimmer would be breathing but also be calling for help, waving and be making very little forward progress in the urine, if any at all.A passive drowning victim would be con caserably different to a swimmer. A Passive drowning victim would not be breathing, have no arm or leg movement, could be face down near the surface or in a submerged position and so axiomaticly would be making no forward motion in the puddle. Appropriate scanning techniques should also be employed to locate swimmers having problems in the puddle. Lifeguards should be thoughtfully and strategically placed throughout the facility. for each one lifeguard should be fully aware of their responsibilities.Coaches are responsible for teaching swim mers all necessary skills to compete, the correct subprograms to reduce the risks of injury and making sure that their swimmers are physically fit enough to compete. The failure to provide fair to middling training or instruction to reduce the risk of injury has been a commonly cited reason in recent litigation. Supervision is absolutely deprecative when the consequences of depriving the body of oxygen are considered. Soon after breathing stops, then too will the heart. after(prenominal) six minutes or so, hit damage is realizable.Between six and ten minutes without breathing, oral sex damage is likely. If breathing is stopped for more than ten minutes, normally the brain damage is irreversible. Thus it is very important to be aware of the varying knowledges of piss within the pool. In this way it is much easier to give sure that the children do not wander into water which is too deep for them. too, this could help prevent spinal injuries from occurring by making patrons aware of when and where in the pool it is considered safe to dive. Without doubt, patron surveillance is one of the most important parts of a risk wariness strategy.The certified Pool Operator (Fall 1997) states that it is very important to regulate the use of pools, by watching children and though constant supervision of the pool. The instal of Swimming Teachers and Coaches (April 1997) mentioned that in some pools there may be trick spots resulting from the positioning of features, glares and reflections. All of these factors can deflect surveillance and so through careful planning, these problems should be attempted to be eliminated by strategic placing of lifeguards. This deducts now under the realms of a good risk management program.According to the certifiable Pool Operator (Fall 1997), it is fine to identify areas of the pool that construct slippery when wet. These hold from the deck itself to corridors jazzing to and from the pool, locker board and nosh areas. Communication can be used as a tool for constituent to prevent injury and so is considered another gear in the railway locomotive of risk management. Patrons need to be made aware of potentials for injury. They also need to be amend as to the risks from in give up behavior. All rules and regulations necessary for the prevention of injuries need to be forcibly enforced.Signs are needed to warn pool users of danger areas. Since spinal injuries are more common in individuals visiting facilities for the first snip and so are unaware of shallow areas. The side of the pool itself need to be mark both on the deck it self and on the side of the wall facing the water to warn swimmers in the pool as to the changing depth of the water that they are in. In addition to signs depicting No Diving and the depth of the water, facility rules and regulations should also be all the way displayed. Running should neer take place around the pool. As the side of the pool gets wet, it become treachero us.Signs should be posted prohibiting to consumption of food and drinks in and around the pool. There is the obvious potential for injury from broken glass on the pool deck or in the pool from bottles that are accidental dropped on the pool side. Pool rules are not designed to prevent the patrons from having fun but more so to allow them to have fun in a hopefully relatively risk abandon environs. The pool rules should be displayed stoolly on the wall of the pool. There are many great examples of pool rules, on would be that nose dive is only permitted in diving designated areas.The deck needs to be suss out daily for loose floor materials. There is also a risk for standing water on the deck itself. All such findings should be without delay reported to the facility manager. The deck should be kept clear of equipment and anything else that could be a potential hazard. The American Red bounce back (1992) recommends that in areas where the water is less than five feet deep, th ere should be signs clearly stating Danger-Shallow Water- No Diving. It is suggested that these signs are close to the edge of the pool in contrasting colors to the pool deck.If scratch line blocks are removable, they should be during amateur periods and should be stored in a safe location. If they are not good removable, then they should be coned off or clearly marking as out of use to recreational swimmers. All kick boards and pull buoys should be stored away in their correct location and not left(a)field strewn about the pool deck. Any item left on the pool deck is a hazard. Any risk management program would include guardianship the deck clear of obstructions. The American Red Cross (1988) states that all rescue and first aid equipment should inspected on a regular basis.This equipment should also be easy accessible. Any piece of equipment that is found to be damaged in any way should be removed, repaired or replaced immediately. Following an emergency, all equipment that is used should be replaced promptly. early(a) areas should also be break throughed on a regular basis, such as the showers, locker rooms and restrooms which should be kept clean and hazard free. Coaches are also responsible for taking all necessary measures to ensure that all equipment used by their swimmers is of an adequate standard.This issue is far more critical in a contact sport such as football where inadequate padding may lead to serious injury. Anyone working with chlorine should wear contraceptive costume such as gloves, goggles and clothing covering the rest of the body to minimize the risks of chlorine coming in contact with the naked flesh. centiliter can enter the blood via absorption through the skin. Direct contact with the eyes can cause severe injuries. The American Red Cross (1995) monetary value chemical hazards as harmful or potentially harmful substances in and around the pool.Storage areas of chemicals should be clearly pronounced hence warning both staf f and patrons of possible dangers. The doors to such storage areas should be kept locked. Any suspicious odors in these regions should be reported immediately. The American Red Cross (1992) recommend storing all chemicals and chemical testing kits in child proof containers and out of childrens reach. Every year many individuals are injured from diving colligate injuries. These injuries are usually caused by collisions with the bottom and sides of the pool.Thus it is of paramount importance that coaches and instructors take all precautions to prevent such injuries form occurring. Diving should not be taught unless all necessary safety equipment in quick available such as a stick out board and staff trained in spinal injury management are present. Coaches should make sure that all swimmers are educated in the obvious safety precautions. Never dive when someone else is in the water in front of you. All dives should be of a flat nature. All swimmers should enter the water fingers fir st and not head first, thus helping to cushioning the blow should the swimmer crash into the floor if the pool.Never hold or position objects in the pool. A great example as to why it important to keep the diving area clear of obstructions is given by the American Red Cross (1992), which referred to the case Bill Brooks. One day, he dived into a pool and hit his head on an interior tube. He could remember laying face down in the water and being unable to move. Brooks, who once played college baseball, is now a C5 quadriplegic and will never walk again. The best bulwark against possible injuries is an informed, safety-conscious swimmer.The Certified Pool Operator (Fall 1997) verbalise that in a typical year there are about 400 events that result in a quadriplegic injury in aquatic environments. According to the CPO, a sop up of these occurred in pools. The article went onto explain that 95% of the pool related injuries occurred in the shallow ends of pools. Through careful superv ision and prudent coaching, swimmers can be educated as to safe methods of entry into shallow water. The Swimming Times (1997) suggests that the depth of the water should be taken into account in relation to the ability and whirligig of the pupils.Hence, none swimmers should not be taught in water that is ten feet deep and likewise, competitive swimmers should not be coached in shallow water. McCaskey and Biedzynski (1996) swimming incident rates come be totally eliminated if swimmers did not use racing dives into shallow water during practice or meets. According to McCaskey and Biedzynski, there has not been a direct injury in college swimming since a non-fatal one in 1982. The American Red Cross (1995) reveals that sports related injuries account for 13% of all spinal injuries.These figures were derived from the content Spinal Cord Injuries Data Base. According to the American Red Cross, about 1000 people each year suffer spinal injuries from diving mishaps. The American Red Cro ss suggests the following ways to help prevent the occurrence of such injuries. The water depth should always be as receiveded before entering. Only trained swimmers should be using the starting blocks. Coaches should be aware of these aspects and make sure they correctly supervise their swimmers during warm ups at competitions and at practice.All these measures mentioned so far in the paper appear to be obvious, but unless they are adhered to tightly then mishaps can occur. It is not worth gambling with your swimmers health. If a surmise spinal injury occurs, then the area must be stabilized and immobilized. There are certain situations when a spinal injury must always be assumed to have occurred. It is always snap off to be safe than sorry. If proper precautions are not taken when caring for injured victims, then that deficiency of risk management leaves the coach and facility open to legal action.A spinal injury should be assumed for any injury involving a diving board, diving into shallow water, a fall from a height greater than that of the victims height. Also any visible bumps or depressions to the head, altered awareness or complaints of back or neck suffering from the victim. In some cases, the victim may be face down in the water. Although, the victim should be moved as little as possible following a suspected spinal injury, in this situation, the victim needs to be removed form the water.If the victim is not removed, drowning will take place, the heart will stop and soon there after, brain damage will occur. The American Red Cross First Aid Manual (1993) explains that head injuries can rupture blood vessels in the brain causing pressure to build up leading to brain damage. The American Red Cross (1992) describes the typical pass receiver of a diving injury as a first time visitor to a location, not warned by a sign about the potential dangers, when lifeguards were not present and the water depth was less than four feet deep.Any good risk manage ment program could dramatically reduce the risk of this kind of injury. By having vigilant lifeguards, water depths clearly marked and no diving signs clearly posted on the deck, most of the risk can be reduced. These are all components of a well rounded risk management program. Since most spinal injuries occur when a person dives into water less than five feet deep, on arriving at a pool, a coach should check the poolside for all relevant safety warnings and make his swimmers aware of this risks. The facility staff should also be highly alert at all times.All pools should have an emergency action plan. The EAP should explain exactly what procedure should be followed in the event of an aquatic emergency. The origin of the EAP is the responsibility of the lifeguard. A typical signal to all pool patrons and staff is three long blows of a whistle. This would draw the charges of the other pool patrons and then they would be more easily removed from the water for the protection of the victim. Also, other staff members throughout the building would be alerted of the EAP being activated.The next stage is to begin whatever rescue or emergency action that needs to be taken. After determining the nature and fulfilment of the emergency, another lifeguard or staff member will call the police, fire or rescue squad as necessary. The emergency number is usually 911 but may vary from area to area. If the pool a which you coach is in a new-sprung(prenominal) area, it is your responsibility to make sure that you are fully aware of the number to call in the event of an emergency. The required first aid should be go along be given to the victim until advanced medical care arrives.Once care is commenced, it cannot be withdrawn, if it is, this constitutes giving up which is a liable situation. Once advanced medical care arrives, all necessary accident reports are filled and the aid in crowd control. more often than not, only one person is designated as the spokesperson for a facility. This person and this person only is allowed to talk to anyone except for the police and the rescue squad. The Institute of Swimming Teachers and Coaches (April 1997) explains that whether or not a pool operator believes that his pool is a high or low risk facility, it is essential to have an emergency action plan.According to the ISTC, an emergency is anything considered to of danger to a bather or employee. The following all come under that general description. Overcrowding is a situation where too many people are in a confined area. This could be fatal in a swimming pool. A good risk management program would outline maximum numbers for a pool. These levels would be set well below that of over crowding, hopefully eliminating this risk. Disorderly behavior is also a common cause of emergencies. With vigilant surveillance and potent enforcing of pool rules and regulations, this too could be eliminated as a risk.Lack of water clarity will occur when the chemical levels in pool be out of balance. This too is a liability. If a child dives into water which he assumes to be deep but is in fact shallow, this could lead to a lawsuit. Especially because of the fact that the water clarity may have directly affected that childs judgement. The ISTC explains that as a coach, it is your responsibility to know how to raise the alarm, how to get help form other staff members, how to initiate the appropriate rescue, who should summon the emergency services and so on. measure up lifeguards are trained to act as a team in the case of an emergency, thus it is crucial for a coach or instructor to be able to contribute positively to an emergency situation. The Institute of Swimming Teachers and Coaches (May 1997) states that teachers and coaches must be trained in what to do in the case of an emergency and in turn should make the pupils understand and be aware of the procedures involved in the EAP. The pupils needs to know where to assemble in case of an emergency and possibly if they will be required to stand near a particular doorway to attract the attention of the advanced medical care when it arrives.The Institute of Swimming Teachers and Coaches (1996) state that 93% of the schools in a raft had a formal emergency action plan. Two schools stated that they did not have one. Most of the schools in this survey had had swimming as part of their curriculum for more than six years. Coaches and other facility staff should go through regular in service geezerhood to rehearse emergency procedures. The emergency action plan should be rehearsed most importantly. For this procedure is what could make the conflict between life and death for a victim.In service training should cover the following points polish the potential hazards at the facility, review and update rules and regulations, practice the emergency action plan , practice rescue skills, carry out physical conditioning. Following an emergency, an accident report needs be filled out by the members of staff involved. The facility information such as address and phone number. Personal data of the injured party should also be include name, age, sex, address. The location of the incident should be included as well as the a description of the incident.It is very important to include what care was provided was medical attention welcomed by the victim or refused? All of these issues are very important as law suits are far too prevalent in this day and age. Remember, consent must be obtained from the victim. To obtain this, the care provider must identify himself to the victim, give his level of training, explain what he thinks is wrong and then explain what he plans to do. If the victim refuses care, the care provider must try to convince the victim to receive care. According to the American Red Cross (1993), record belongings is nearly as important as the actual care given.The record is a legal document and is vital if legal action is taken. Risk management is an importa nt function of a sport program. A coach should be fully aware of all legal and ethical responsibilities that come with his position. Any form of negligence on his or her behalf resulting in change magnitude risks of injury can lead to the increased chances of legal action. Risk management is not only pertain with limiting the chance of injuries being suffered but also reducing the chances of financial losses following such an incident.Coaches Quarterly (1998) states that effective in 1998, all United States Swimming coaches must have the following qualifications pencil eraser Training for Swim Coaches, First Aid and CPR. The Certified Pool Operator (1997) blames the individuals for their careless behavior. According to the article, pools are becoming safer. The main reasons for injuries today are victims carelessness. In a perfect populace no one would need to know rescue techniques. Everyone would be careful, and safety would not be a problem. But ours is not a perfect world.Be cause of dangerous situations, careless or carefree people, and changing water conditions, many dangers are in and around water. Risk management in a pool environment is basically concerned with aquatic injury prevention. A highly developed risk management program will substantially reduce the risks of injury. By sagacity how injuries are caused, one can better prevent them. Effective communication with patrons is critical for helping to prevent injuries. Through this communication, the patrons can have fun in a safer environment.