The Carriage of Goods by Sea Act A case study - Free Essay Example

Sample details Pages: 13 Words: 4026 Downloads: 2 Date added: 2017/06/26 Category Law Essay Did you like this example? Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract. In this case, it is clear that the Hague-Visby Rules apply, given their express designation in the bills of lading relating to the crates. Don’t waste time! Our writers will create an original "The Carriage of Goods by Sea Act: A case study" essay for you Create order Other contracts may not be as clear, and would require consideration of relevant domestic legislation in order to determine what law (and what jurisdiction) governs the terms of the agreement. This matter also presents a number of other issues, as while Cherie was a party to the contract from its formation, Tony became a party at a later stage by purchasing goods on board from Cherie, while they were in transit. All these matters will be considered in detail by this brief. This brief will firstly consider Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim, given that this claim arose from the contract, and Cherie was a party to the contract from its initial formation. The most prominent issue in this contract is the clause which specifies that the ship is not permitted to deviate from the course of the voyage, except as to save life. This brief will seek to determine whether or not this clause is enforceable in the scope of the contract. Additionally, this brief will also consider the provisions of the governing Hague-Visby Rules on this very same issue, which may serve to have Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against O substantiated should the express term in the contract fail in its enforceability for whatever reason. This brief will also consider Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in relation to the goods he purchased à ¢Ã¢â€š ¬Ã‹Å"afloatà ¢Ã¢â€š ¬Ã¢â€ž ¢. That is, Tony purchased the goods from Cherie while they were already in transit, without negotiating with another party in relation to shipment and similar. The terms of the contract between Tony and O are similar to that of Cherie and O, in the sense that they relate to the same goods arriving at the same destination. Thus, this brief will consider relevant principles in relation to Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to rely on the indorsed bill of lading as a subsequent party to the contract (and not a party at the formation of the original contract). In addition, this brief will also consider the relevant textual provisio ns of the governing Hague-Visby Rules relating to a shipperà ¢Ã¢â€š ¬Ã¢â€ž ¢s obligation to not deviate from the course of the voyage, except to save lives. These provisions will answer the question in relation to liability in this claim. Finally, this brief will consider the jurisdiction that these claims need to be brought. This is important, as it is very well to have the substantive basis for a claim but if a court is not competent to hear the matter on a jurisdictional basis, then no recourse can be achieved. Thus, it is important to determine the appropriate forum in order to save the claimantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ time and resources in regards to recovering any losses they are entitled to receive as a result of Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence or intent (if any). Thus, this brief will now cover these claims in order, beginning with Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. Re: Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s Claim I am asked to advise Cherie in respect of the loss and/or damage incurr ed as a result of the alleged negligence of O in relation to the crates of gin, shipped from New York to London. In order to determine possible liability, it is firstly important to analyse the terms of both the bill of lading and the contract of carriage. In relation to the contract of carriage, it has been established in the facts that the contract contains a clause specifying that O is not permitted to deviate from the course, unless it is specifically required to save life. However, it has also been established that the bill of lading does not contain such a clause, thus it is important to recognise which of these two documents carries legal superiority in order to determine liability. The common law of the United Kingdom has recognised over a great period of time that the bill of lading does not necessarily constitute the contract of carriage itself, but rather merely provides evidence that such a contract exists.[1] This is displayed in the case of SS Ardennes (Cargo Owners ) v SS Ardennes (Owners) [1951] 1 QB 55, where Lord Goddard CJ held that: It is, I think, well settled that the bill of lading is not in itself the contract between the shipowner and the shipper of the goods, though it has been said it is excellent evidence of its termsà ¢Ã¢â€š ¬Ã‚ ¦[2] If one was to consider this precedent in the context of the current fact scenario, it is clear that the contract of carriage reigns supreme over the bill of lading. If this was the case, then the clause stating that O was not to deviate becomes enforceable at law, whereas the absence of any such provision in the bill of lading would make such an argument inadmissible in court. The main issue with this argument, however, is the onus of proof it provides on Cherie to prove that the terms of the bill of lading are inconsistent with the contract of carriage. While this initially seems to be an easy task, Cherie must provide proof that the contract of carriage came into existence prior to the bill of lading in order for the contract of carriage to be afforded legal superiority. The courts will generally regard the terms of the contract on the reverse of the bill of lading as excellent evidence of the terms of the contract,[3] unless the claimant can satisfy the burden of proof in order to suggest that the contract of carriage is both inconsistent and came into existence prior to the bill of lading.[4] If this evidence can be provided by Cherie, then there is every chance that the contract of carriage in enforceable in a court. Otherwise, it would appear a court would be more likely to enforce the terms present on the reverse of the bill of lading. If Cherie is able to substantiate the claim, it would appear likely that C is able to claim damages for the loss of profit as a result of the delay caused by O. This delay caused Cherie to not receive the stock in time to sell during the peak gin-drinking season in London, due to the post-exam celebrations. It is also important t o note, however, that the contract of carriage will also be governed by the Hague-Visby Rules, given that the contract of carriage provides for a bill of lading, and that bill of lading expressly incorporates the Hague-Visby Rules.[5] Additionally, the substantive provisions of the Hague-Visby Rules do not provide a defence for O to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claims, through excluded cargo or voyages or similar provisions. As such, there is every likelihood that Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against O will succeed, due to Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s breach of contract. In summary, the situation presented in regards to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim indicates that such a claim against O will succeed if it is presented to a court within the limited amount of time prescribed by the Hague-Visby Rules.[6] There is quite a significant burden of proof imposed on Cherie in order for the claim to succeed, however given that the facts clearly seem to be working in Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s favo ur, satisfaction of this burden of proof should not be an issue. Provided this burden of proof can be satisfied, then there is every chance that the court will see the contract of carriage (if it was enacted prior to the bill of lading) as enforceable, and thus will most likely hold O accountable for the loss incurred by Cherie as a result of the delay, which was in breach of the contract of carriage (but not the bill of lading). The Hague-Visby Rules also provide for a prohibition on deviation unless it is à ¢Ã¢â€š ¬Ã‹Å"reasonableà ¢Ã¢â€š ¬Ã¢â€ž ¢, which this case does not appear to be. This will be discussed in more detail below in Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Claim;[7] however the facts seem to indicate that O is liable regardless of whether or not the original contract is enforceable. Re: Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Claim I am also asked to advise Tony in relation to the loss of goods incurred as a result of the alleged negligence of O, due to their attendance at the reggae music festival in Haiti. Given that it was O who deviated from the initial course of the voyage, and it was also O responsible for the general upkeep and security of the ship, it is only reasonable that Tony seek to recover his loss from O, even though Cherie was the party who sold the goods to Tony. The common law of the UK has dealt with the concept of a third party having rights to the original contract of carriage upon the bill of lading being endorsed to them.[8] This raises the question then as to whether Tony can rely upon the original contract of carriage between Cherie and O which provided that O was not permitted to deviate from the course of the voyage, unless it is necessary to save life. Statutory law would suggest that this contract could be relied upon by Tony, which states that Tony has all the rights of suit against the bill of lading à ¢Ã¢â€š ¬Ã…“as if he had been a party to that contractà ¢Ã¢â€š ¬Ã‚ .[9] However, this seems to be inconsistent with the common law, which states: à ¢Ã¢â€š ¬Ã‚ ¦it may be true that the contract of carriage is made before [the bill of lading] is given because it would generally be made before the goods are sent down to the ship; but when the goods are put on board the captain has authority to reduce that contract into writing; and then the general doctrine of law is applicable by which, where the contract has been reduced into writing, which is intended to constitute the contract, parol evidence to alter or qualify the effect of such writing is not admissible, and the writing is the only evidence of the contract.[10] This presents problems in relation to Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim, as it highlights inconsistency in the law. Essentially, the common law suggests that any contract negotiated between the original parties is inadmissible under the parol evidence rule, which would mean that Tony would be unable to rely on the à ¢Ã¢â€š ¬Ã‹Å"not to deviateà ¢Ã¢â€š ¬Ã¢â€ž ¢ provision of the original contract of carriage, thus would not be able to hold O accountable for the loss incurred as a result of the delay. Yet statutory law suggests that Tony is entitled to exercise all legal rights to the contract as though he was a party to the original contract, which would mean that he in fact could hold O accountable for the loss. The resolution of this problem requires the application of common sense. The common law presented is significantly outdated, whereas the statutory law came into effect in 1992. Thus, it must be concluded that the statutory law has more binding effect than the common law. Therefore, as a result, it can only be concluded that Tony has the right to rely upon the original contract of carriage between Cherie and O, thus is able to exercise the à ¢Ã¢â€š ¬Ã‹Å"not to deviateà ¢Ã¢â€š ¬Ã¢â€ž ¢ clause at law. In summary, the substantive issues of Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim are essentially similar to that of Cherie. Due to Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence; approximately 50 crates of gin were stolen. Under the Hague-Visby Rules (whether or not the à ¢Ã¢â€š ¬Ã‹Å"not to deviateà ¢Ã¢â€š ¬Ã¢â€ž ¢ clause was enforceableà ¢Ã¢â€š ¬Ã¢â€ž ¢), the carrier has an obligation to carefully à ¢Ã¢â€š ¬Ã…“load, handle, stow, keep, care for and discharge the goods deliveredà ¢Ã¢â€š ¬Ã‚ .[11] Thus, it is clear that O is liable for the stolen crates, and must pay damages accordingly. With regard to deviation, whether or not the original contract is enforceable, the Hague-Visby Rules expressly prohibit deviation unless it is à ¢Ã¢â€š ¬Ã‹Å"reasonableà ¢Ã¢â€š ¬Ã¢â€ž ¢.[12] Thus, it would appear that O is liable for Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss in any event. Jurisdiction of Claims Given that the port of shipment is New York, it would be reasonable to conclude that a US court has jurisdiction to hear these claims by both Tony and Cherie. This is evidenced by the fact that the Carriage of Goods by Sea Act 1971 (UK) does not provide for the application of UK law , given that the port of shipment is not a UK port.[13] Additionally, the US Carriage of Goods by Sea Act 1936 provides it to apply where a contract of carriage is undertaken between ports of the US and foreign ports.[14] This may preclude the operation of UK statutes mentioned above, but does not necessarily preclude the operation of the common law where those cases have addressed the Hague-Visby Rules. Conclusion In relation to this matter, it appears that both parties are able to substantiate claims against O, and thus retrieve any losses they incurred as a result of Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct in delivering the goods. Both parties entered into a contractual arrangement with O to have the goods delivered to London from New York, they merely entered into this agreement in different ways. Cherie incurred significant losses as a result of the delay, which was caused by O deviating from the course of the voyage to visit Haiti, where a reggae music festival was taking place. As a result, Cherie missed the peak season for selling the gin, which was the main rationale behind the contract in the first place. In addition to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss, Tony also incurred the same loss as a result of the delay, while also having a number of crates stolen from the ship in Haiti due to the crewà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence to secure the load against theft while attending the festival. According to the relevant legal principles that were discussed above, it would appear that Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against O can be substantiated. This argument is two-pronged. Firstly, Cherie is entitled to rely on the express contractual provision that O was not permitted to deviate from the course of the voyage, except to save life. In addition to this, the governing Hague-Visby Rules also provide that O was not permitted to do so. Thus, not only does the not-to-deviate clause form an express term of the contract, it is also implied through application of governin g law. As a result, O is liable to Cherie for the loss of goods incurred as a result of the delay. Additionally, O may also be liable for damages for loss of profit as a result of their conduct. Also based on the facts, it is clear that the substantive issues of Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s contract are essentially similar to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s. The case law discussed above does not appear to allow Tony to rely on the terms of the contract in the same way that Cherie was able to, thus reference must be given to other relevant legal principles, such as governing law. In addition to this, given that it has been established that the jurisdiction of the case is the United States, there would be no scope to seek the application of the UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s Carriage of Goods by Sea Act 1992, which would then grant Tony the same rights as Cherie to the contract. Given this fact, it is clear that Tony must rely upon any relevant provisions of the governing Hague-Visby Rules in order to substantiate a claim against O. This was already discussed in Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim, and it was established that the Hague-Visby Rules provide for the same not-to-deviate clause that is specified in the contract, and hence Tony can rely on this in order to mount his claim. Thus, according to the law, O would be laible to Tony not only for the profit lost as a result of missing the peak gin-drinking season, but also for the crates that were stolen from the ship as a result of the crewà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence while partying in Haiti. Research Report In preparing this report, I consulted a number of sources. I initially consulted the most up to date hard copy sources I had access to in my library, which I found was a 2007 edition of Girvanà ¢Ã¢â€š ¬Ã¢â€ž ¢s Carriage of Goods by Sea. This had the most up to date law, but was essentially written from a UK perspective, which made it difficult to fully gauge the international impact of this fact scenario. As such, I then consulted an Australian book, written by Moens and Gillies, which I know by reputation provides a very broad look at issues relating to international trade. I then backed up this diverse research with another book, written by Debattista, which may serve to fill in any gaps that the other two books may have had. Girvanà ¢Ã¢â€š ¬Ã¢â€ž ¢s book proved to be the most efficient, covering the main issues of deviation, as well as providing a deep insight into the operation of the Hague-Visby Rules, and the relevant domestic legislation relating to jurisdiction. It was Girvanà ¢Ã¢â€š ¬Ã¢â€ž ¢s book that helped me to conclude that the United States was the most appropriate forum to entertain both claims, due to the operation of its domestic law. It discusses United States law in a limited capacity by comparison to English law, however the American sources it discusses were quite valuable, and allowed me to draw reasoned legal conclusions based on the evidence presented in the book, in conjunction with research from other sources. I also consulted LexisNexis to provide a number of cases in relation to negligence and deviation; however I was not able to find any significant cases that proved to elaborate upon the ideas presented in the books I found. This general search was performed by entering à ¢Ã¢â€š ¬Ã…“hague visby rulesà ¢Ã¢â€š ¬Ã‚  into the search dialogue box. A number of cases appeared in the search, but no directly relevant cases were found by this approach. I did use LexisNexis to find the full text of the cases mentioned in the books, which allowed me to draw my own conclusions from the information presented in the books, free from any influence from the authorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ ideas. This was done by entering the relevant party names into an international law search or domestic law search, as was relevant at the time. I found this to be the most efficient way of conducting my research, as the books helped to guide me in the right direction, while I still had to use my own legal research and reasoning skills to apply the law to the facts situation. Online sources are difficult to consult where one has little grounding in the jurisdictional or substantive issues of the case, thus I was determined to not use them until I grounded myself in these concepts. I felt there was little point in clouding myself with a jumble of legal jargon which appeared to serve no value until I had an idea as to how to approach it, which is why the hard copy sources I consulted where valuable (some more so than others). Generally, I found it significantly difficult to locate a number of materials initially, given that I was unfamiliar with what legislation and case law to consult. This was predominantly due to me not knowing what jurisdiction I needed to refer to in detail (i.e. should I consult UK sea carriage law, or should I concentrate on that of the United States?). This became a question that could only be answered as I was answering the brief itself. Thus, I had to make a decision to get some general guidance from the UK sources, which also contained information on the international rules, such as the Hague-Visby Rules, but this information was significantly limited to how it related to the UK context, which was not necessarily appropriate to such a question which seemed to have overlapping jurisdictions. As previously mentioned, the best source for this initial guidance was the book by Girvan, as it covered all bases in regards to a basic introduction to the salient points of law. It was difficult for me to consult any online sources without first grounding myself in the relevant international law first, as I was unclear what jurisdiction I should specifically be concentrating on. The English cases in Girvan also gave a good indication to how the domestic courts tend to interpret international provisions when they are the subject of their jurisdiction, which allowed general conclusions as the applicability of various international provisions. It does discuss the Hague-Visby Rules, but in a limited context. Thus, after consulting Girvan it was best for me to familiarise myself with the full text of the relevant sections of the Hague-Visby Rules, given their significance to the current matter. This was in conjunction with various cases that I discovered in LexisNexis, and I will discuss my processes in more detail below. As previously mentioned, I also had to consult the full text of the Hague-Visby Rules, as the books were somewhat reluctant to provide the full text. This was beneficial, as not only did I again have to apply my legal research skills, but I also had to draw my own conclusions based upon the à ¢Ã¢â€š ¬Ã‹Å"rawà ¢Ã¢â€š ¬Ã¢â€ž ¢ law. However, I was able to use LexisNexis to see what cases applied specific provisions of the law, in order to seek elaboration on points I was not completely clear about. While I did not necessarily refer to these in the text of the essay, I wa s able to gauge the context that the text actually meant, which ensured that I applied an approach that was consistent with the judicially-acceptable approach. Thus, overall I was able to provide a well-rounded piece which applied only the key relevant points, ensuring it adequately addressed the question, while also applying the correct law in force at this current point in time. I would recommend this approach to others, as it gives one a good grounding in this area of law, while also ensuring that oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s own legal skills develop in the process, without having to rely solely on the ideas of others. Bibliography Books Debattista, C, The Sale of Goods Carried by Sea (1998, 2nd ed), London: Butterworths Girvan, S, Carriage of Goods by Sea (2007), London: Oxford University Press Moens, G, and Gillies, P, International Trade and Business: Law, Policy and Ethics (2006, 2nd ed), Sydney: Cavendish Legislation Carriage of Goods by Sea Act 1936 (US) Carriage of Goods by Sea Act 1971 (UK) Carriage of Goods by Sea Act 1992 (UK) Cases Crooks v Allen (1879) 5 QBD 38 (CA) Leduc v Ward (1888) 20 QBD 475 (CA) Moss Steamship Co v Whinney [1912] AC 254 National Jaya (Pte) Ltd v Hong Tat Marine Shipping Pte Ltd [1979] 2 MLJ 6 Playing Cards (M) Sdn Bhd v China Mutual Navigation Co Ltd [1980] 2 MLJ 182 SS Ardennes (Cargo Owners) v SS Ardennes (Owners) [1951] 1 QB 55 Stag Line v Foscolo, Mango Co Ltd [1932] AC 328 1 Footnotes [1] See Crooks v Allen (1879) 5 QBD 38 (CA), 40; Moss Steamship Co v Whinney [1912] AC 254, 264. [2] SS Ardennes (Cargo Owners) v SS Ardennes (Owners) [1951] 1 QB 55, 59-60 (Lord Goddard CJ). [3] See, for example, National Jaya (Pte) Ltd v Hong Tat Marine Shipping Pte Ltd [1979] 2 MLJ 6. [4] See, for example, Playing Cards (M) Sdn Bhd v China Mutual Navigation Co Ltd [1980] 2 MLJ 182 where an attempt to overcome the burden of proof failed. [5] Hague-Visby Rules, art I(b). See also Carriage of Goods by Sea Act 1971 (UK), s 1(4) relating to the application of the Rules to contracts of carriage where the contract provides for a bill of lading to be issued. [6] Hague-Visby Rules, art III(8) prescribing a period of twelve months to bring a suit. [7] Hague-Visby Rules, art IV(4). [8] Leduc v Ward (1888) 20 QBD 475 (CA). [9] Carriage of Goods by Sea Act 1992 (UK), s 2(1). [10] Leduc v Ward (1888) 20 QBD 475, 479 (CA). [11] Hague-Visby Rules, art III(2). [1 2] Hague-Visby Rules, art IV(4). The general test for this rule is provided by Stag Line v Foscolo, Mango Co Ltd [1932] AC 328, 343-4, which provides that a deviation may be reasonable in situations where it is made in the interests of the ship or the cargo, or where an emergency required the ship to deviate. [13] Carriage of Goods by Sea Act 1971 (UK), s 1(3). [14] Carriage of Goods by Sea Act 1971 (US), see 46 USCA 1310.

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Ways Strategic Human Resource Management free essay sample

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For the purpose of this essay three major models, which represent the principles of SHRM, will be utilized. Firstly, the ‘5 P model’ implies that philosophies, policies, programs, practices and processes within strategic business relies on and represents the managements overall outcomes when considering survival, development, flexibility and profitability (Schuler 1992). These practices all rely in a cascading effect on each other therefore they take time. Secondly, the ‘competitive strategy and role behaviors model’ links strategy with behavior. Unlike and instruction manual humans social interaction is one that can’t be mechanical. Therefore for this particular model HRM practices are an applicable in achieving proposed strategies. 6 strategies are identified as planning, staffing, appraising, compensating, training and development (Schuler amp; Jackson 1987). Thirdly, the ‘two stage model’ is fundamentally inherent on a model of strategic management. The model argues that the rating of performance is made at the time of the observation of performance. Ultimately, this only considers a small portion of reality and therefore the rating can be manipulated and should not have significance in total performance. Hence suggestions imply that another stage be apparent to demonstrate consistent observations of performance and be stored therefore ratings either side can then be better judged, hence the two stage model. (Development and Test of the Two-stage Model of Performance Appraisal Charmine E.J. Hartel Strategic Human Resource Management can contribute to organizational performance in the next 5 years through identifying the internal and external factors. EXTERNAL FACTORS External factors such as legislation are the backbone of how responsibility is defined in human resources. HR professionals must be as up to date as possible and legislation as laws can change and ultimately effect performance, in this case, over 5 years. From a man agerial point of view, keeping employees up to date and abiding by laws is critical to performance. Additionally, these professionals must also consider and must be familiar with legalization operating in other countries, particularly when they are responsible for expatriates and employees, who are working overseas. The management of equal employment opportunity (EEO) is also considerable when contributing to organizational performance over 5 years. For example, if people identify that they are not being treated equal, from income to social injustice in the workplace this can alter the flow of a business. Further, people could leave their job and this lack of consistency can ltimate in undesirable organizational performance. However, when EEO is purposefully implied within an organization it can ensure employees are treated with fairness and respect and further, secure and retain the best people for jobs. Again, contributing to long-term organizational performance. Any change in external factors cans ultimate in the impact of the construction of HRM procedures. INTERNAL FACTORS Opp osed to external factors, internal factors include the dynamics within an organization. For example and for the purpose of this essay, culture. Organizational culture has a significant effect on HRM and how it is strategized. Culture is embedded in human interaction. HR is able to build their practices around a culture within an organization by observation and implementation. Culture can include any factors such as how the organization runs, beliefs and ideologies and further how the organization likes to be seen and thought of. When considering organizational performance over 5 years, the culture can have a very persuading or non-persuading effect depending on the HRM. For example, the vitamin company ‘Blackmore’s‘ implies a high performing happy culture with bonus based incentives to match, Further, as the reader suggests Blackmore’s also promoted a scheme based on performance to result in a Christmas ham. These ideologies that Blackmore’s demonstrate are effective ways of that SHRM can contribute to organizational factors over 5 years. Taking into consideration the two contributing factors above, when applying this to organizational performance over the next 5 years, the following examples can justify these factors. It is clear that incorporating human resource management strategies and systems to achieve the overall goal and success of a company while meeting the needs of its employees and stakeholders is what needs to be done, the question is what are the challenges that are going to come from this over the next five years when relating it to the organizational performance. A vital issue when talking about internal and external factors is collaboration of culture. Organizational culture influences HRM immensely. HRM practices, which have een stated above, are able to contribute to the building and maintenance of organizational performance if thought out and adjusted into both internal and external factors. A good example is Google. The HRMG Unit outline identifies that Google’s culture is team orientated, collaborative, encourages people to think and to work with integrity, all of this entails working for the benefit of the company and ultimately for the benefit of the world. Further, i ts fundamental elements, which comprise these things, are clear recognition by the founders in relation to the type of culture they wanted to build. The significance of recruiting employees into their company who suited their culture is known. The process of finding these employees is time consuming and a demanding process however it is these steps, which contribute to success. Finally there culture is fun. It allows for ‘free thinking’ and imagination, which helps to build what they are going for. It sustains a small organizational feel, with a consistent culture, which allows the challenges of their organizational performance to be decreased, and therefore their success increased. In Conclusion Strategic human resource management contributes to organizational performance. This essay has discussed how Strategic human resource management contributes to organizational performance over the next five years, how through these determining factors; Identifying major principles within SHRM, Internal and external factors and finally, the two factors which resulted identifying an example ‘Google’, that HRM can face when implementing organizational performance over the next five years.

Immigration as Social Issue in Australia

Introduction Immigration is a thorny political as well as social issue in Australia. Like many western countries, Australia receives millions of immigrants from third world countries who enter the country both legally and illegally. According to the Australian government, the country has received nearly 6.8 million immigrants since 1945.Advertising We will write a custom coursework sample on Immigration as Social Issue in Australia specifically for you for only $16.05 $11/page Learn More Middle East countries like Lebanon supplies most of the immigrants from the region to Australia. Increased restrictions on immigration on the backdrop of an era dominated by anti terror measures after 911 that have seen a vicious crackdown and detention of immigrants by Australian authorities. There have also been racially motivated attacks of immigrants in Australia especially those of Asian origin. According to an opinion poll carried out in 2005, most Australians were of the opinion that less immigrants from the Middle East should be allowed into the country. Miller et al (2009) says that amidst all these however, is the interesting issue of nationalism and identity of these immigrants especially those from the Middle East (p. 208). Some of these immigrants have acquired Australian citizenship while many others are working towards achieving the Australian dream. That effectively means they are working for the Australian cause. It should never be forgotten however that these immigrants have tie to their homeland and that is plays a significant role in defining their nationalism and identity.  Already available studies by individuals, government, and non-governmental organizations will be the source of information. Analysis and review of this information to determine the trends in it will comprise the methodology of the study. A set of conclusions will be drawn from the analysis of literature review. Where necessary, there will also be recommend ations. The conclusions will be compared with the hypotheses to see if the assumptions that informed the undertaking of the study were correct or not. Overall trend Nieuwenhuysen et al (2009) says that a change of Australian immigration policy in the 1970’s saw an increase of non-Europeans especially Asians and people from the Middle East in Australia (p. 98). This immigration has given rise to a new trend of trans-nationalism that forms the basis of literature review.Advertising Looking for coursework on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More The research will explore the element of trans-nationalism that is likely to be the case with most of these immigrants and its impacts on their continued stay in Australia. Transnationalism will also include an examination of the aspects of acculturation, assimilation, and integration of these immigrants to the larger Australian community. There will be an in depth study and analysis of the literature that exists on transnationalism. Research will focus on the prevailing ties that middles East immigrants have to their homeland and what it means to their Australian and their native countries’ identity and nationalism. Various aspects of transnationalism including government policies and race relations will also be studied and their impact on the nationalism and identity of these immigrants. These aspects include the impact of homeland politics, allegiance to Australia and their native lands, citizenship acquisition and equal access to opportunities. Criteria According to Soller (2004), literature review will be divided into various sections that will focus on the topic under study (p.104). Review of the status of Middle East immigrants in the country, the pattern of immigration and settlement in Australia, reviews on the existing literature on immigration of Middle East people to Australia, summaries, and conclusions from the analysis done on literature review will makeup the criteria for the literature review. References Soller, A. J. (2004) Evaluation of microbial risk assessment techniques and applications. Alexandria: Water environment foundation.. Nieuwenhuysen et al. (2009) Nations of immigrants: Australia and the USA compared. Cheltenham: Edward Elgar Publishing. Miller et al. (2009) Immigration to Australia. London: VDM Publishing House Ltd.Advertising We will write a custom coursework sample on Immigration as Social Issue in Australia specifically for you for only $16.05 $11/page Learn More This coursework on Immigration as Social Issue in Australia was written and submitted by user Eleanor Rutledge to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Free Essays on A Separate Peace

A Separate Peace - Gene's Journey Gene Forrester's difficult journey towards maturity and the adult world is a main focus of the novel, A Separate Peace, by John Knowles. Gene's journey begins the moment he pushes Phineas from the tree and the process continues until he visits the tree fifteen years later. Throughout this time, Gene must become self-aware, face reality and the future, confront his problems, as well as forgive and accept the person that he is. With the jouncing of the limb, Gene realizes his problems and the true person he is inside. Fifteen years later, when revisiting the tree, he finally accepts and forgives himself. This journey is a long and painful one. At the end of this long and winding road filled with ditches, difficulties and problems, Gene emerges a mature adult. Gene jounces the limb and causes Finny's fall and at that moment becomes aware of his inner-self and learns of his true feelings. This revelation comes to him back in his room before he and Finny leave for the tree. It surrounds him with the shock of his true self until he finally reacts by jouncing the limb. Up in the tree, before the two friends are about to make their "double-jump", Gene sees Finny in this new light. He realizes that Finny feels no jealousy or hatred towards him and that Finny is indeed perfect in every way. Gene becomes aware that only he is the jealous one. He learns of his animosity and that he really is a "savage underneath". Over a long period of time Gene had been denying his feelings of hatred towards Finny, saying that it was normal for him to feel this way. Now all of the feelings come back to him and he sees how terrible he really is. The realization that these feelings are one-sided causes Gene to to fall dramatically in comparison to Finny (he paints himself black for these feelings and because Finny doesn't share them, he puts a halo around Finny's head)... Free Essays on A Separate Peace Free Essays on A Separate Peace From Innocence To Experience The novel â€Å"a Separate Peace† is greatly dedicated to the adolescent years of ones life. For the duration of these often confusing year’s people make catastrophic mistakes. These gaffes are primarily believed to be vast setbacks in our lives yet ultimately improve ourselves and give us a better understanding of who we are. The characters in this book are used to exemplify this. Elwin Lepellier, a.k.a leper, is a character in â€Å"a Separate Peace† who underwent adolescent changes. Quiet and shy; leper is most comfortable when by himself and takes pleasure in exploring the world solo, as he does when he skis to the beaver dam. He maybe a loner because he breaks down under pressure, which often times embarrasses him. When provoked by Finny to jump from the tree he froze. When the ball was pitched to him during a game of blitzball he refuses it. When faced with the strenuous basic training encountered in the army, leper suffers from a mental breakdown and flees from the army. This is the catalyst, which causes a change in leper. His breakdown blurs his reasoning but at the same time sharpens his insight. This is made clear by his accusatory remarks towards Gene about â€Å"the incident† and the surprisingly powerful testimony at the mock trial. It is leper’s testimony that sends Finny to his indirect death. The main character in the book, Gene Forrester, has the most apparent change in the novel. In the beginning of the novel, Gene’s innocence represents a childlike contentment in conformity. Gene is able to attain a comfortable, predictable, unthreatening lifestyle through hard work and following the rules. Finny defies Gene’s former lifestyle and challenges him to experience life and resist rules. With Finny, Gene embarks on a new life liberated from humdrum routines imposed on him by adults. This new friend has yanked Gene out of his former self into an unbounded world which... Free Essays on A Separate Peace At the end of A Separate Peace, Gene reflects back on everything that happened and says â€Å"My war ended before I even put on a uniform; I was on active duty all my time at school; I killed my enemy there.† He, of course, does not mean this in a literal sense; he was not actually on active duty during school. Because the only person he kills (although indirectly) is Phineas, the statement â€Å"I killed my enemy there† might at first lead you to believe that Phineas is the â€Å"enemy† about whom Gene is talking. It is, however, more likely that Gene’s enemy was himself. His war was not the same one that engulfed the world around him, but rather the conflict between his easygoing personality and the darker part of him lurking just under the surface. One can tell that the â€Å"enemy† is not Phineas from the enormous amount of praise Gene heaps upon him after his death. â€Å"He possessed an extra vigor, a heightened confidence in himself, a serene capacity for affection†¦Ã¢â‚¬  and â€Å"Finny had a vitality which could not be quenched so suddenly†¦Ã¢â‚¬  are some of the ways Gene describes his best friend after his death. The enemy Gene â€Å"killed† was not Phineas – the only person whose death he was actually involved in – therefore he must have meant â€Å"I killed my enemy† figuratively rather than literally. This â€Å"enemy†, then, is the dark side of his human nature, which exists in everybody but comes out extremely strongly in Gene. He does indeed defeat, or â€Å"kill†, this enemy. He recognizes that Phineas never had any malicious intent towards him and that he was merely projecting his own insecurities into his friend. He also realizes that he did somet hing unthinkable (crippling Phineas, who could use his mobility like no other), feels incredible remorse, and he overcomes the darker side of himself. In Gene’s own words: â€Å"†¦Phineas created an atmosphere in which I continued now to live.† Gene’s â€Å"war† was the conflict... Free Essays on A Separate Peace A Separate Peace - Gene's Journey Gene Forrester’s in the novel A Separate Pace had a difficult journey towards maturity and the adult world is a main focus of the novel, A Separate Peace, by John Knowles. Gene's journey begins the moment he pushes Phineas from the tree and the process continues until he had visited the tree fifteen years later after he jerked it when Finny fell and broke his leg. Throughout this time, Gene had to become more self-centered and face reality and the future, confront his problems, as well as forgive and accept the person that he is. With the jerking of the limb, Gene realizes his problems and the true person he was inside. Then fifteen years later, when he had revisited the tree, he finally accepts and forgives himself. This journey was a long and painful one. At the end of this long and winding road filled with ditches, difficulties and Gene jerks the limb while Finny is getting ready to jumb and causes Finny's fall and at that moment becomes aware of his inner-self and learns of his true feelings. This discovery came to him back in his room before he and Finny leave for the tree. It surrounds him with the shock of his true self until he finally reacts by jerking the limb. Up in the tree, before the two friends are about to make their "double-jump," Gene sees Finny in this new light. He realizes that Finny feels no jealousy or hatred towards him and that Finny is indeed is perfect in every way. Gene becomes aware that only he is the jealous one. He learns of his animosity and that he really is a "savage underneath." Over a long period of time Gene had been denying his feelings of hatred towards Finny, saying that it was normal for him to feel this way. Now all of the feelings come back to him and he sees how terrible he really is. The awareness that these feelings are one-sided causes Gene to jerk the l... Free Essays on A Separate Peace A Separate Peace - Gene's Journey Gene Forrester's difficult journey towards maturity and the adult world is a main focus of the novel, A Separate Peace, by John Knowles. Gene's journey begins the moment he pushes Phineas from the tree and the process continues until he visits the tree fifteen years later. Throughout this time, Gene must become self-aware, face reality and the future, confront his problems, as well as forgive and accept the person that he is. With the jouncing of the limb, Gene realizes his problems and the true person he is inside. Fifteen years later, when revisiting the tree, he finally accepts and forgives himself. This journey is a long and painful one. At the end of this long and winding road filled with ditches, difficulties and problems, Gene emerges a mature adult. Gene jounces the limb and causes Finny's fall and at that moment becomes aware of his inner-self and learns of his true feelings. This revelation comes to him back in his room before he and Finny leave for the tree. It surrounds him with the shock of his true self until he finally reacts by jouncing the limb. Up in the tree, before the two friends are about to make their "double-jump", Gene sees Finny in this new light. He realizes that Finny feels no jealousy or hatred towards him and that Finny is indeed perfect in every way. Gene becomes aware that only he is the jealous one. He learns of his animosity and that he really is a "savage underneath". Over a long period of time Gene had been denying his feelings of hatred towards Finny, saying that it was normal for him to feel this way. Now all of the feelings come back to him and he sees how terrible he really is. The realization that these feelings are one-sided causes Gene to to fall dramatically in comparison to Finny (he paints himself black for these feelings and because Finny doesn't share them, he puts a halo around Finny's head)... Free Essays on A Separate Peace The title of Knowles book A Separate Peace was both a literal and symbolic meanings. In the title the reader sees the teenagers as not really participating in World War II. The symbolic meanings of the title show that although they are in school the war has had a profound effect on them. The title is significant and has symbolic and literal meanings. The title of the book A Separate Peace is very significant to the story line. I think it tie the story of two young men together very well. They symbolize World War II and how people were fighting over different racial matter and what people religious back rounds were. If the book had a different title I think it would make us look at the book from different perspectives and it helps tell us how everyone was separate in the World. It also shows how a war doesn’t have to be something big; it could be the battle of a friend ship and how hard it is not to be jealous of someone when they are so different from you. This Quote will show how jealous Gene really is â€Å"Holding firmly to the trunk, I took a step towered him, and them my keens bent and I jounced the limb. Finny, his balance gone, swung his head around to look at me for an instant with extreme interest, and then tumbled sideways, broke threw the little branches and hit the bank with a sickening unnatural thud.â €  The symbolic meaning of the tile is that represents Gene and Finny and how it relates to World War II. Was that two different haves (Gene a smart and none athletic boy and Finny leader not a follower, was very athletic and did not like to follow rules), Gene was jealous at Finny and how he was so good at spots and was always the winner. This was like the World War II it all started because of one man who did not like the Jews because they were different and at that time in Germany were doing better than most of the society. So they tried to kill them all and make it seem like it was ok. I think this is jus...

Information Technology for Managers Research Paper

Information Technology for Managers - Research Paper Example It must be noted that there are three possible choices for employees and people who would actually be working on the projects and they are ‘the own staff’, ‘consultants’, and the ‘outsource firms’. The above figure shows the mapping for three areas of acquiring custom designs, application package and carrying out the ongoing operations. The ‘own staff’ model has a typical structure of a project manager, developers, testers and so on and is best suited for areas such as infrastructure maintenance, help desk support, back up and so on. In his article on team management, written for the Sloan’s Management Review, Lucas (2006) speaks of the composition, role, and function of the IT team. According to the author, the IT industry does not have too many Generalists but rather specialists who would be looking after specific aspects of the business. Typically, the top and the middle rungs of the team structure would have different roles such as manager, CIO, process manager, the project manager, and the technical staff. Each of these roles would have certain responsibilities and functions and while there is a certain amount of pyramid structure and hierarchy, all roles have to coordinate their efforts for the project to be successful. Wiseman (2004) points out that small project or organizations that may not have large IT initiatives would have a smaller and focussed IT team. Large organizations, on the other hand, would have a full-fledged department that looks at IT as the driver for change management and to bri ng inefficiencies and improvements in the firm. For such organizations, the author has suggested a multi-layers organization as illustrated in the following figure.e, Lucas (2007, p. 171) points out that in some cases, the IT team has to be viewed in context with the model of development that the organization has adopted and the model could be in-house development, outsourcing or offshoring.

Employees Motivation and Empowerment Essay Example | Topics and Well Written Essays - 4750 words

Employees Motivation and Empowerment - Essay Example At the same time motivation has different facets that need to be analyzed for a better understanding over this concept. In the discussion, the role of motivation and empowerment, as important aspects of leadership has been underpinned in an illustrative and logical manner. The first part of the discussion highlights wide arrays of theories on motivation and empowerment along with understanding its positive and negative implications in the competitive business environment. It needs to be understood that every organization has different ways of empowering and motivating its employees based on organizational goals and objectives and understanding over the internal and external environment. The discussion encompasses these elements while defining the use, importance and relevance of the motivation and empowerment. The second part of the discussion highlights the motivation and empowerment practices prevailing in Google along with relating the discussed theories in the first part with the operational framework of Google. This has been done to understand the overall worthiness of these theories in one of the highly admired and desired organizations across the world. The second part of the discussion also relates the prevailing motivation and empowerment practices of Google with other organizations in order to analyze the global acceptance and appeal of these practices and theories in the global business environment. This will also help in understanding the overall importance of key concepts of employees motivation and empowerment. Employee’s Motivation â€Å"Academic theories about employee motivation, empowerment and performance are just that -theories. They are of little practical use to business leaders or their companies†. This sentence can be considered as quite true and practical in the context of the current business environment as leadership is intangible in nature with no clear definition. It is a quality that reflects in the behavior and attit ude of leaders along with affecting the behavior and attitude of others within the organization (Adams, 1997 p- 287). Moreover, this statement requires proper understanding and analysis to identify whether these are only theories or have some practical implication within the organization. It is important to assess whether organizations mould their culture and behavior as per the written theories or identify new ways by understanding their sources and resources. For this purpose, wide arrays of theories on motivation has been studied and analyzed. Motivation is one of the highly complex topics in the management studies with a number of theories defining the actual purpose and importance of motivation. These theories can be considered as of great importance for managers and leaders to identify ways of improving employee’s commitment level and performance at work. Motivation can be defined as the influences and processes that either increases or decreases an individual’s desire to achieve personal and organizational goals in the short as well as in the long run. On the other hand, performance can be defined as fulfillment of tasks and responsibilities in a desired manner affecting the operational framework of an organization. It can be assumed that there is a close relationship between motivation and performance. If the motivational processes and influences help in increasing an individual’s desire to achieve mutual goals, it will positively affect his performance by extracting the best out of him in any kind of situations. Empowerment can be considered

Subculture Personal Statement Example | Topics and Well Written Essays - 500 words

Subculture - Personal Statement Example I suppose that shocking way of dressing typical for those people who go against the system trying to prove independence and personal freedom. I do not life to waste time and efforts on shopping. Attitude to learning and friendship reflects my subculture: I am a hardworking, persistent and diligent student. I like parties which is a part of my subculture. Regardless of the style and social backgrounds, parties' culture represents freedom from rules, structures, controls and lifestyles. I can define this subculture in terms of inner self and 'people like me'. I like pop music including Latino singers and jazz. These music trends reflect youth priorities on a day-to-day basis. They become an example for background and ethics, morals and way of behavior for millions of people. This subculture affects all aspects of culture in a positive and negative way: how people dress, what music they listen to, and what they choose for entertainment. Another interesting part of my subculture is eating. I am a fast food eater. Eating is one of the most essential processes in our life which supplies our body with energy and mineral elements. Food determines different ways of living and personal culture of every person. I suppose that eating habits are more important than a trendy style or music you listen to. For most Americans, the good life means good food.

Death of a Salesman Symbolism

Death of a Salesman Symbolism Arthur Miller is a well renowned playwright who can control the emotions of the readers in the way they want to feel. His play the Death Of a Salesman, he begins with symbols and ends with symbols, where the primarily focuses on Willy Loman, who desperately tries hard to become successful in his imminent failure. Using symbols, Miller portrays a tragic but realistic view of Fifties. Arthur Miller is an interesting writer who reflects his life in his plays. He was born in1915 in New York City. His father was a successful businessman who later lost his wealth. His marriage also affected his life as well as his writing. He then started to focus more on female characters in his writings. He also had worked with many types of working class people who bring him close to his characters in his plays. So, many of his works are from past experiences. (Arthur Miller. Wikipedia, The Free Encyclopedia. Wikimedia Foundation, Inc. 22 July 2004. Web. 10 Aug. 2004. .) Death of A Salesman is a play which reflects Willy Loman, an aging salesman who was pretty much happy and used to get satisfaction from his two sons at one time. Miller uses symbolism, which reflects his conflicting personality. Biff Loman and Happy Loman, his two sons represent the two sides of his personality. Biff which is capable of sincere compassion and Happy who receives consolation through women represents two sides of Willy Loman, but Willy favors Biff more than Happy. That sounds good but thats the main reason for conflicting between Biff and Willy. He wants to do anything for Biff to be successful. Biffs high ambitions are clearly represented by The University of Virginias emblem in his shoes. Those ambitions he had before Biff and Willy drifted apart. The reason for confliction between the father-son relationships is that part of the play when Willy has the flashback of the hotel when Biff finds his dad with other woman. For this reason Biff no longer hopes to be successf ul like his father. Moreover, another symbol that represents Willys betrayal and disloyalty towards his wife was the stockings which were actually meant for his wife Linda which he gives to his mistress. As a result whenever he sees his wife mending her old stockings, he feels guilty of what he has done. These stockings also represent Lindas humbleness towards Willy for which she trusted more than anyone in her life. In fact, to understand the conflict between the family, Miller skillfully uses these symbols in his play Death of a Salesman. The next symbol in Millers play Death of a Salesman is money. Money is important to everyone since it is the foundation that supports people. It brings happiness as well as adverse unhappiness and stress. Similarly, in the play, money is the main theme that causes many conflicts between the characters. If Willy had money than it would have been easier for him to fulfill such basic necessities in his family. He could have brought a new car, moved to another place to live or buy a new house, pay for the refrigerator and other household things. Biff could have gone to University if Willy had enough money. Nevertheless, he has to borrow $50 each week from Charlie, hoping to keep it secret from his wife, Linda. For this reason, Willy eventually had to suicide hoping his insurance will give his family $20000. Money brings big arguments in the family as well as in the business. Willy and Linda kept on arguing about the broken refrigerator, a commission of two hundred and twelve dollars, pay ments for the refrigerator, remaining twenty one dollars for the roof, and carburetor for the Chevrolet. Naturally, if one cannot find anyone to shout upon, then they go for their children. Whatever Biff was doing in his life, Willy was not happy with him. Biff just earned couple of dollars an hour, not realizing that he is borrowing money from Charley. In addition to that, Biff also enjoyed his job, but Willy tried to force him to live the life of a Salesman. Willy even asks Biff to borrow fifteen thousand dollars with Oliver but Biff fails to do that. Still, Lomans dont have any money. Nonetheless, if money was a minor thing in life, everyone could live a descent life and enjoy life at fullest. It could also have saved the life of a Salesman, who was trying to help his family. Death of a Salesman is a play full of symbolism and themes that are intertwined with one another throughout the entire play. In addition to symbolism, Miller contrasted Willy as being influenced by the American Dream. Everyone becomes jealous of others success. One wants more than other has and thats the same that has happened to Willy Loman. A false sense of illusion is created, which leads to disillusionment and volatility. (http://www.writework.com/essay2/arthur-miller-s-definition-tragic-hero-death-salesman) Due to societys ambitions and pressure people get dissatisfied and begin to want more to fulfill their thirst. Due to this, people feel one must provide more to their family and improve the lifestyle and performance of the family. In that process one feels pressured and burdened to outperform others. Willys dream was to have a happy family and make his two talented sons follow the path of a salesman. However, from the play, Willy got absorbed by wiliness, by his dreams, and t hrough the societys pressure. He becomes a man without an ambition, like a snake any poison. Willy still remembers Bens mantra The jungle is full of diamonds (Miller), where jungle represents life and diamonds represents wealth. Willy regrets of not going with Ben to Africa. He realizes that if he doesnt earn something quick then he will be a failure in his life. He still has faith in his American Dream, which has influenced his life badly. Willys name Loman (Low- man) it itself signifies that he is not destined to become successful in his life and his traits are inherited by his two sons too. In conclusion, Arthur Miller skillfully uses symbols in Death of a Salesman to contrast between the characters themselves, the society and the Lomans family relationship. Willy Loman stands as an important character in the play by being a common man with a tragic story in fifties.

Evidence Based Practice Essay

Implementation of Evidence Based Practice Rosemary Garcia Implementation of Evidence Based Practice Evidence Based Practice Nursing is the utilization by nurses of Evidence Based Research findings that, according to Houser (2012), steer the nurse toward integration of clinical expert opinion and experience with an unbiased exhaustive review of the best scientific evidence professional nursing care literature can provide while incorporating patient values and preferences. Evidence Based Practice Nursing entails adopting a systematic critical thinking decision making process guided by a deliberate and defined chosen Evidence Based Nursing model path that involves searching, appraising, synthesizing, adapting, implementing, and continually evaluating the Evidence Based Research findings implemented. Among these models are the Conduct and Utilization of Research in Nursing (CURN) project, the Stetler Model of Research Utilization, and the Iowa Model for Research in Practice. The purpose of this paper is to explore the impact of Evidence Based Research on nursing practice by defining Evidence Based Practice Nursing, directing attention to the importance of Evidence Based Research, briefly reviewing examples of qualitative and quantitative research and finally identifying some ways to overcome barriers that prevent nurse participation and utilization of Evidence Based Research. Importance of Evidence Based Research Evidence Based Research is important because it provides nurses with â€Å"actual knowledge of elements of practice that have been known to work† according to R. Simpson (2004). Evidence Based Practice Nursing is based on a disciplined methodological decision making process in which nurses continually ask for Evidence Based Research to support their actions and consistently weigh the validity and reliability of activities of each day. The Evidence Based Practice Nurse also plans for change according to Rosswurm and Larrabee (1999). Evidence Based Research findings come through  two proven methods, namely qualitative and quantitative research. Systematic reviews summarize and succinctly abstract findings from multiple studies and compile them into useable condensed formats for quicker study and review. A systematic review that includes a meta-analysis draws findings from multiple studies, recalculates the results to arrive at a new finding thus compounding its validity and re liability. The utilization of Evidence Based Research directly and positively improves nursing practice when the findings are implemented. Research Examples The following two examples of Evidence Based Research show how implementation impacts nursing practice. Nursing homes promote their quality of care using analyses and marketing strategies to influence public perception and attract business. How a nursing home addresses the phenomena of palliative care and the prevalence of pressure ulcers affects that perception. A nursing home may presume to have high quality of care because of high score on the Minimum Data Sheet (MDS) prevalence ulcer (PU) indicator and promote such a score. Similarly, how a nurse responds to a resident in palliative care also reflects on quality of care. Evidence Based Research of these two phenomena helps improve nursing practice in this arena. A nurse in a long term care facility that provides palliative care may be called upon to respond to a resident who may be struggling with issues of regret for life events and feel a need for forgiveness. A retrospective study by Ferrel, Otis-Green, Baird, and Garcia, (2013) through a convenience sample of 339 nurses attending palliative care educational courses throughout the U.S. and Belize, India, the Philippines and Romania sought to assess nurses’ responses to this issue. Since the purpose was to document the viewpoints and feelings, a descriptive qualitative research design using the phenomenology method was appropriate. The data was examined using content analysis and themes were identified. By focusing on nurses from a broad geographical base who were attending palliative care classes, the researches maximized the potential for gathering relevant data and enhanced transferability and validity through this convenience sample. They also minimized inherent cultural bias that could have potentially arisen if the sample had been solely from one country or region. The conclusion was that nurses would benefit from additional education regarding  how best to address these con cerns. Implementing these Evidence Based Research findings helps improve nursing practice. As noted earlier, the prevalence of pressure ulcers, their prevention and treatment is a common dilemma in a long term setting and nursing homes want to demonstrate success in this area as part of the quality of care. One method used to identify and monitor pressure ulcers is the Minimum Data Sheet (MDS) prevalence ulcer (PU) indicator. Bates-Jensen et al (2003) in a quantitative research descriptive study sought to determine whether the minimum data sheet pressure ulcer indicator of a high or low score reflected differences in processes related to pressure ulcer prevention and treatment. The convenience sample consisted of 321 residents from 16 different nursing homes. The resident had to be at risk for pressure ulcer development using the PU Residential Assessment Protocol of the MDS to meet the criteria for inclusion. This was a quantitative study designed to collect numerical data by measuring 16 care process quality indicators (10 related to PU care processes, five related to nutrition and one related to incontinence management) using medical record data, direct human observation, interviews and data from wireless thigh movement monitors. The statistical data results revealed that the MDS PU indicator was not a useful indicator of quality of care and could be misinterpreted if not explained. Family members who are considering long term care benefit from this research and in a facility that might have mistakenly interpreted the meaning of the MDS PU indicator, Evidence Based Practice Nursing would implement corrective measures regarding future use of the scores and thus bring about an improved change. Barriers Preventing Research Utilization Nursing improves when Evidence Based Research findings can be utilized and implemented by nurses in their daily practice. J. Dracup (2006) stated what some nurses had identified as barriers to Evidence Based Research, namely: â€Å"accessibility of research findings, anticipated outcomes of using research, organizational support to use research, and support from others to use research.† Dracup believed that â€Å"evidence-based practice must include an assessment of the available resources† since the cost of implementation is yet another barrier and â€Å"will not be adopted if resources are insufficient to incorporate them into the daily routine† nursing care. G. Mitchell  (1999) raised â€Å" the lack of sufficient meaningful research† as an additional barrier. A multidisciplinary effort by researchers and educators of all fields will be required to work toward the removal of these barriers. Collaborate to provide a more efficient system of information dissemination must take place. Systematic reviews, sometimes combined with meta-analysis, already advance the cause of having multiple sources of research data condensed to a useable quickly reviewable format. One possible way that nurses could gain access to Evidence Based Research through the Cochrane Library, for example, is by way of grants to school districts and local libraries allowing free or low cost subsidized access. After obtaining this access and recognizing nurses’ research time restraints, the formation of high school clubs like â€Å"Cochrane Library Scholars† would allow nurses to pose Research Questions to the club who would in turn compile relevant research articles for the nurse. Similar clubs could be â€Å"AHRQ Research Scholars† and â€Å"Campbell Library Scholars.† Since addressing the barrier of cost of Evidence Based Research implementation is equally important., to purposefully draw community leaders’ attention to the Evidence Based Research available at their local library, create a logo such as â€Å"LIBR[LIBRARY]ARY† with the slogan â€Å"A Library within A Library.† By raising awareness of the benefits of Evidence Based Research of public and private pivotal decision makers, these individuals could prove instrumental in helping to identify and acquire the resources needed to implement Evidence Based Research within their sphere of influence. By opening avenues to Evidence Based Research findings through local libraries, engaging students as researchers and raising community awareness, more nurses could gain knowledge that translates into Evidence Based Practice Nursing. Participants would be engaged in raising the quality of care within their own communities. Raising widespread awareness of the importance and value of Evidence Based Research could be the catalyst that propels groups to collectively seek resources for implementation of Evidence Based Practice in communities across the nation. Conclusion Evidence Based Research impacts Evidence Based Practice Nursing if it is utilized. A deliberate effort to promote the understanding of its importance combined with taking measures to remove barriers that prevent  nurses from using Evidence Based Research findings will impact, improve, and ensure the best possible nursing practice. References Bates-Jensen, B.M., Cadogan, M., Osterwell D., Levy-Storms L, Jorge, J., Alsamarrai, N., Grbic, V. & Schnelle, J.F. (2003) The Minimum Data Set Pressure Ulcer Indicator: Does It Reflect Differences in Care Processes Related to Pressure Ulcer Prevention and Treatment in Nursing Homes? Journal of American Geriatric Society, 51(9). DOI: 10.1046/j.1532-5415.2003.51403.x Dracup, J. (2006). Evidence-Based Practice is Wonderful †¦ Sort Of, American Journal of Critical Care. 15(4) Ferrel, B., Otis-Green, S, Baird, R.P., & Garcia, A. (2013). Nurses’ Responses to Requests for Forgiveness at the End of Life. Journal of Pain System Management, DOI: 10.1016/j.jpainsymman.2013.05.009 Houser, J. (2012). Nursing Research: reading, using, and creating evidence. (2nd ed.). Salisbury, MA: Jones & Barlett Publishing Mitchell, G. (1999). Evidence-based practice: Critique and alternative view. Nursing Science Quarterly, 12(1), 30-35. Retsas A. (2000). Barriers to using research evidence in nursing practice. Journal of Advanced Nursing, 31:599-606. Rosswurm, M. A., & Larrabee, J. (1999). A model for change to evidence-based practice. Journal of Nursing Scholarship, 31(4), 317-322. Implementation of Evidence Based Practice Rosemary Garcia Submitted to Karen Rhoades, MS, RN in partial fulfillment of NR460R Evidence Based Practice August 10, 2013 Implementation of Evidence Based Practice Evidence Based Practice Nursing is the utilization by nurses of Evidence Based Research findings that, according to Houser (2012), steer the nurse  toward integration of clinical expert opinion and experience with an unbiased exhaustive review of the best scientific evidence professional nursing care literature can provide while incorporating patient values and preferences. Evidence Based Practice Nursing entails adopting a systematic critical thinking decision making process guided by a deliberate and defined chosen Evidence Based Nursing model path that involves searching, appraising, synthesizing, adapting, implementing, and continually evaluating the Evidence Based Research findings implemented. Among these models are the Conduct and Utilization of Research in Nursing (CURN) project, the Stetler Model of Research Utilization, and the Iowa Model for Research in Practice. The purpose of this paper is to explore the impact of Evidence Based Research on nursing practice by defining Evidence Based Practice Nursing, directing attention to the importance of Evidence Based Research, briefly reviewing examples of qualitative and quantitative research and finally identifying some ways to overcome barriers that prevent nurse participation and utilization of Evidence Based Research. Importance of Evidence Based Research Evidence Based Research is important because it provides nurses with â€Å"actual knowledge of elements of practice that have been known to work† according to R. Simpson (2004). Evidence Based Practice Nursing is based on a disciplined methodological decision making process in which nurses continually ask for Evidence Based Research to support their actions and consistently weigh the validity and reliability of activities of each day. The Evidence Based Practice Nurse also plans for change according to Rosswurm and Larrabee (1999). Evidence Based Research findings come through two proven methods, namely qualitative and quantitative research. Systematic reviews summarize and succinctly abstract findings from multiple studies and compile them into useable condensed formats for quicker study and review. A systematic review that includes a meta-analysis draws findings from multiple studies, recalculates the results to arrive at a new finding thus compounding its validity and reliability. The utilization of Evidence Based Research directly and positively improves nursing practice when the findings are implemented. Research Examples The following two examples of Evidence Based Research show how implementation impacts nursing practice. Nursing homes promote their quality of care using analyses and marketing strategies to influence public perception and attract business. How a nursing home addresses the phenomena of palliative care and the prevalence of pressure ulcers affects that perception. A nursing home may presume to have high quality of care because of high score on the Minimum Data Sheet (MDS) prevalence ulcer (PU) indicator and promote such a score. Similarly, how a nurse responds to a resident in palliative care also reflects on quality of care. Evidence Based Research of these two phenomena helps improve nursing practice in this arena. A nurse in a long term care facility that provides palliative care may be called upon to respond to a resident who may be struggling with issues of regret for life events and feel a need for forgiveness. A retrospective study by Ferrel, Otis-Green, Baird, and Garcia, (2013) through a convenience sample of 339 nurses attending palliative care educational courses throughout the U.S. and Belize, India, the Philippines and Romania sought to assess nurses’ responses to this issue. Since the purpose was to document the viewpoints and feelings, a descriptive qualitative research design using the phenomenology method was appropriate. The data was examined using content analysis and themes were identified. By focusing on nurses from a broad geographical base who were attending palliative care classes, the researches maximized the potential for gathering relevant data and enhanced transferability and validity through this convenience sample. They also minimized inherent cultural bias that could have potentially arisen if the sample had been solely from one country or region. The conclusion was that nurses would benefit from additional education regarding how best to address these concerns. Implementing these Evidence Based Research findings helps improve nursing practice. As noted earlier, the prevalence of pressure ulcers, their prevention and treatment is a common dilemma in a long term setting and nursing homes want to demonstrate success in this area as part of the quality of care. One method used to identify and monitor pressure ulcers is the Minimum Data Sheet (MDS) prevalence ulcer (PU) indicator. Bates-Jensen et al (2003) in a quantitative research descriptive study sought to determine whether the minimum data sheet pressure ulcer indicator of a high or low score reflected differences in  processes related to pressure ulcer prevention and treatment. The convenience sample consisted of 321 residents from 16 different nursing homes. The resident had to be at risk for pressure ulcer development using the PU Residential Assessment Protocol of the M DS to meet the criteria for inclusion. This was a quantitative study designed to collect numerical data by measuring 16 care process quality indicators (10 related to PU care processes, five related to nutrition and one related to incontinence management) using medical record data, direct human observation, interviews and data from wireless thigh movement monitors. The statistical data results revealed that the MDS PU indicator was not a useful indicator of quality of care and could be misinterpreted if not explained. Family members who are considering long term care benefit from this research and in a facility that might have mistakenly interpreted the meaning of the MDS PU indicator, Evidence Based Practice Nursing would implement corrective measures regarding future use of the scores and thus bring about an improved change. Barriers Preventing Research Utilization Nursing improves when Evidence Based Research findings can be utilized and implemented by nurses in their daily practice. J. Dracup (2006) stated what some nurses had identified as barriers to Evidence Based Research, namely: â€Å"accessibility of research findings, anticipated outcomes of using research, organizational support to use research, and support from others to use research.† Dracup believed that â€Å"evidence-based practice must include an assessment of the available resources† since the cost of implementation is yet another barrier and â€Å"will not be adopted if resources are insufficient to incorporate them into the daily routine† nursing care. G. Mitchell (1999) raised â€Å" the lack of sufficient meaningful research† as an additional barrier. A multidisciplinary effort by researchers and educators of all fields will be required to work toward the removal of these barriers. Collaborate to provide a more efficient system of information di ssemination must take place. Systematic reviews, sometimes combined with meta-analysis, already advance the cause of having multiple sources of research data condensed to a useable quickly reviewable format. One possible way that nurses could gain access to Evidence Based Research through the Cochrane Library, for example, is by way of grants to school districts and local  libraries allowing free or low cost subsidized access. After obtaining this access and recognizing nurses’ research time restraints, the formation of high school clubs like â€Å"Cochrane Library Scholars† would allow nurses to pose Research Questions to the club who would in turn compile relevant research articles for the nurse. Similar clubs could be â€Å"AHRQ Research Scholars† and â€Å"Campbell Library Scholars.† Since addressing the barrier of cost of Evidence Based Research implementation is equally important., to purposefully draw community leaders’ attention to the Evidence Based Research available at their local library, create a logo such as â€Å"LIBR[LIBRARY]ARY† with the slogan â€Å"A Library within A Library.† By raising awareness of the benefits of Evidence Based Research of public and private pivotal decision makers, these individuals could prove instrumental in helping to identify and acquire the resources needed to implement Evidence Based Research within their sphere of influence. By opening avenues to Evidence Based Research findings through local libraries, engaging students as researchers and raising community awareness, more nurses could gain knowledge that translates into Evidence Based Practice Nursing. Participants would be engaged in raising the quality of care within their own communities. Raising widespread awareness of the importance and value of Evidence Based Research could be the catalyst that propels groups to collectively seek resources for implementation of Evidence Based Practice in communities across the nation. Conclusion Evidence Based Research impacts Evidence Based Practice Nursing if it is utilized. A deliberate effort to promote the understanding of its importance combined with taking measures to remove barriers that prevent nurses from using Evidence Based Research findings will impact, improve, and ensure the best possible nursing practice. References Bates-Jensen, B.M., Cadogan, M., Osterwell D., Levy-Storms L, Jorge, J., Alsamarrai, N., Grbic, V. & Schnelle, J.F. (2003) The Minimum Data Set Pressure Ulcer Indicator: Does It Reflect Differences in Care Processes Related to Pressure Ulcer Prevention and Treatment in Nursing Homes? Journal of American Geriatric Society, 51(9). DOI: 10.1046/j.1532-5415.2003.51403.x Dracup, J. (2006). Evidence-Based Practice is Wonderful †¦ Sort Of, American Journal of Critical Care. 15(4) Ferrel, B., Otis-Green, S, Baird, R.P., & Garcia, A. (2013). Nurses’ Responses to Requests for Forgiveness at the End of Life. Journal of Pain System Management, DOI: 10.1016/j.jpainsymman.2013.05.009 Houser, J. (2012). Nursing Research: reading, using, and creating evidence. (2nd ed.). Salisbury, MA: Jones & Barlett Publishing Mitchell, G. (1999). Evidence-based practice: Critique and alternative view. Nursing Science Quarterly, 12(1), 30-35. Retsas A. (2000). Barriers to using research evidence in nursing practice. Journal of Advanced Nursing, 31:599-606. Rosswurm, M. A., & Larrabee, J. (1999). A model for change to evidence-based practice. Journal of Nursing Scholarship, 31(4), 317-322.

Autobiography of a Coin

I was born in mines. My body is made of various metals. Thus I have no fixed race. I am a hybrid. I remember the day when I was put into a furnace. The whole of my body was burning red hot. Finally, I remember vaguely to have melted. I was put into mcould and given a new shape. When I regained consciousness, I found that I had completely changed. My body was shining brightly. When I had put on my new shape, beautiful designs were put upon both sides of me. I began to smile with joy. After the pains of fires, I had become a personage with some status. I remained at the mint for a few days with a number of brothers and sisters.We were lending a happy life full of golden dreams about our future lives and careers. It was a red letter day in the history of my life, when I was put into a huge bag along with all my brothers and sisters and placed in a bus. We knew we would see the light of the day. Our grand careers were going to commence. We were on the threshold on a new life. Of course, for some time it was suffocating. But we did not mind. We knew our troubles were short lived and would come to an end very soon. We therefore suffered patiently ‘the mild yoke of God’. We were taken down at a majestic building.My friends told me we had reached ‘The State Bank’. I heaved a sigh of relief but my troubles were yet not over. I was closed in a safe. It was rigorous imprisonment. It was rumored that armed constabulary guarded the doors of our prison. We were sad at heart. We had run from frying pan to the fire. All our hopes were on the point of being shuttered. We prayed to god and one day he did listen to our prayers. A gentleman came to my rescue. He took me and some of my brother home and put me in a chest. The next day he gave me to his child, who was very pleased to see my glittering appearance.I was also glad to have obtained this young friend. I had thought that I shall get an oopportunity of enjoying the company of my friend for a long t ime. But alas! He went straight to a sweet-seller and threw me at his shop. The sweet-seller knocked my head against the ground. I had learnt the lesson that life is not a bed of roses. It is really full of dangers, difficulties and disappointments. To cut a long story short, I have been leading a free, vagrant life. I have been with old and young, rich and poor, men, women and children. I have been with doctors and cobblers, cycle-merchants and lawyers, sstudents and company managers.It is impossible to recount all the adventures. I have had all the ups and downs. Now I am old and weak. Time was, when I was young, fresh, energetic and fiery. Now I am mere ashes. I am worn-out and weather-beaten and my heart is as grey as my head. I only console myself with the thought that I have always received love and affection in my life. Everybody has taken great care of me and kept me as best he could. For this all generosity, I thank everybody with all my heart. I have no ambition. I am only waiting for the day, when I shall go back into the lap of my creator (the in charge of mint).

Universality of Canadian Government essays

Universality of Canadian Government essays Should the government of Canada continue to support the universality of social services by increasing the proportion of salaries given to income tax? This question hits a very touchy spot for all Canadians because some agree that a higher portion of an individual's salary should go to income tax, so a better standard of living could be made by all Canadians, instead of just to the financially blessed class of society. They believe that by the Canadian government doing so, it would limit the greed in our society, and make for a better feel of equality. Then there are those Canadians' who believe government should not increase the proportion of their salaries given to income tax because they believe the government should help encourage Canadians to be more independent, instead of depending on the government for all of their basic needs and wants. They believe that when they go out and make their hard earned money, they should be able to keep it, instead of giving most of it away, so pe ople that sit at home all day, even though fully capable of getting a good job, have the same benefits as themselves. My position on this issue would have to be with the Canadians who don't believe in the government increasing the proportion of salaries to income tax. I believe every man for himself. What an individual earns, he deserves, because he worked hard for his pay. It's not that I don't agree with government intervention, I do, I just believe it should be trying to help its people become more independent, instead of 100% dependant on its government. For almost sixty years the Swedish economy was looked upon and admired for its high standard of living. Everything, you name it, they had it. They had a system called cradle-to-grave welfare system, and it promised almost everybody employment. Everybody was guaranteed a free post secondary education and the same went with health care and pension plans. People looking in on the country would be l ...

The History Of Psychology Essays - Psychological Theories

The History Of Psychology Essays - Psychological Theories The History Of Psychology The History of psychology Roots of modern psychology remain in the past at the time of ancient Greece, yet the beginning of psychology has been around for nearly a century. Its exact date is 1879, in Leipzig, Germany. Leipzig was the first laboratory for experimental psychology. Wilhelm Wundt was really the first person to actually call himself a psychologist. He was the first person to have an experimental laboratory for psychology. Hermann Von Helmholtz was psychologist in mathematics and experimental mathematical physics. His works are connected with the eye, the ear, and the nervous system. Another person was a German as well, his name was Gustav Fechner, he studied how physical stimulation is translated into sensations, all three of these guys then came up with determinism. Structuralism, introduced in the United States by Edward Titchener, emphasizes the what of mental contents rather than the why or how. This theory is based on presuming all mental experiences could be understood in a combination of events of elements broken into smaller chunks. An example could be smelling a fragrance and trying to analyze what the ingredients are. The argument is that this simplistic theory is based on sensations of the consciousness. Functionalism, according to William James, is the ability for learned habits that help organisms adapt to the environment and function effectively. Structuralism searches for elements and contents, but functionalism goes into the property of the mind and its interactions with the environment. John Dewy is a famous functionalist who used this theory in looking for ways to improve education. In order to understand a behavior, action, or thought, it is important to understand the function or purpose it serves not what the structure may be. In otherwords, explain behaviorism rather than control them. Evolutionism, a theory developed by Charles Darwin, proposes that all species have ever-changing traits that help organisms and species survive in what is called natural selection process. Functionalism deals with behavior whereas evolutionism deals with the process of behavior and mental processes. Structuralism on the other hand deals with what makes up the structure or human mind.

The Massachusetts experience with universal health coverage Term Paper

The Massachusetts experience with universal health coverage - Term Paper Example In fact, the Affordable Care Act on Obamacare universal insurance is based largely on the Massachusetts universal health care coverage (Kessler 1). Universal Health Care has an impact on the individuals of a society and implementing it guarantees better health of the people and productivity. Universal Health Care Universal health care is a system of health insurance in which the objective is to ensure that all individuals in the society or any jurisdiction have access to good health care. In most countries, health care is expensive to especially those who are considered below the poverty line - they are unable to access healthcare facilities as they cannot afford. The universal health-care plan promises to change all that by providing insurance to even the very poor. This healthcare is based on several principles, as discussed below. Provision to all Universal care is based on the fact that all people should have access to healthcare. This is regardless of whether they are rich, poor or are in the middle class. The plan has to be such that no person is unable to pay for healthcare services. The cost of the services is spread across all the people using the plan to ensure that all people can be able to make payment regardless of their social class. This is through several options provided to the individuals. Reduced direct spending: Direct payments made by individuals seeking healthcare services to providers are reduced. In this case, the individuals have to cost share the cost with the providers. This can be through co-payments, in which the individuals subscribe to be paying a specified fee per month, deductibles in which the individual is deducted a certain amount of money after a certain period like monthly, quarterly or half yearly depending on their specifications, coinsurance in which insurance is spread across several parties and unofficial payments to the provider at the time when seeking healthcare services (Universal health coverage 3). Prepayment Hea lth care has to be financed by some individuals at some point. In the case of universal health care, individuals who can afford to make contributions every now and then are encouraged to continue making contributions. The payments are made before hand, and it is not necessarily that a person is seeking healthcare services to make the payment. Contributions are made through taxes, payroll deductions, contribution premiums and donor contributions. The contributions can be organized in different ways depending on the jurisdiction (Universal health coverage 4). Risk Pooling: Universal healthcare is based on sharing the cost of healthcare facilities and services. In this case, the cost incurred by any individual when seeking health care services is spread across all individuals that have subscribed to the universal health care services. For the system to be more effective, more people are required to subscribe and make payments. This reduces the chances of fluctuations when services are being provided. When few people subscribe, there are times when the facilities may lack funds, especially when many people are seeking medical interventions at the same time (Universal health coverage 5). Considerations for universal healthcare success Universal healthcare has to be well considered for it to work out properly. The political landscape of the country is