American Off-Shore Drilling: Crisis or Fortune Essay

Living within a country that thrives off of technology creates an infinite demand for power. From the extensive automobile power structure to the agricultural industry that America is reliant on, oil and natural gas are specifically necessary to make this part of the â€Å"go ‘round†. Within the gulfs, seas, and oceans that surround the United States of America lies illimitable amounts of natural oils, which are nestled in the crust of the earth. Over the years, the retrieval, refining and use of this natural resource has been controversial for a mass variety of reasons, both sides presenting substantial reasoning as to the pros and cons to off-shore oil and natural gas drilling. Each American must determine their opinion once reviewing both sides of this issue. What cost is America willing to pay to grow in power at the world’s expense, or what amount of power is America willing to do without in order save the earth? Off shore drilling is too vital to America’s economy to be done away with and due to advances in technology, it has become safer for both the environment and its inhabitants, more reliable, pragmatic, and affordable to both the manufacturers and consumers. Oil and natural gas companies such as Chevron, BP, and PennEnergy support the lives of millions upon billions of people through the natural gas and oil they drill from below the water of the oceans surrounding America. These companies are essential to let America be self-reliant in terms of power. As stated by Gingrich, the U. S. spends $700 billion dollars each year on foreign oil imports. (148) The United States are more than capable to support themselves through the amount of natural resources available within it’s territory. â€Å"America is suffering from an artificial energy crisis that is also a dangerous national security crisis- artificial, because America is gifted with enormous reserves of energy; dangerous, because it makes us vulnerable to unreliable and potentially hostile countries. † (Gingrich, XI) Statistics show that there is an estimated 18. 2 billion barrels of oil and 85. 7 trillion cubic feet of natural gas that could safely extracted from US area. (Gingrich, 139) The resources are readily available and by keeping commerce within national borders, a country will continue to support its economy. Becoming dependent on other countries for items that are readily available within the borders is a complete waste. The United States government has put an extremely severe lock on more than eighty percent of all available area to conduct off shore drilling within the federal borders. Gingrich, 14) With rising prices, off shore drilling would be an intuitive choice on congress’ part that would create more job opportunities, more products available to export, and certainly more stability in the energy crisis. The Scotsman newspaper published a statement that said that the off shore drilling industry would supplement â€Å"enormous opportunities† worldwide. With advances in technology, â€Å"Subsea processing, separating, compressing, and pumping are on the leading edge of offshore production technology, especially for deep and ultra deepwater and also harsh environments. (Kliewer, 1) The last major oil spill to occur within the Gulf of Mexico was in 1980. It is also fact that ninety-five percent of the oil that is found within the gulf is not caused by human activity at all. Being that oil is a natural resource and readily available right below the surface, the majority of all oil comes naturally from the earth’s crust on its own. (Gingrich, 99) From the late twentieth century to today, companies have made it a personal goal to make their business as environmentally safe as possible, which benefits all parties involved. There are still continuous efforts to perfect this industry. Oil and natural gas companies believe that the use of technology and innovation and incentives will make it unnecessary to raise taxes to clean up the environment. (Gingrich, 145) These companies want to work with conservationists and environmentalists to properly balance the extraction of natural resources with the wellbeing of the environment. This mindset portrays how maturely, sagaciously, and efficiently the oil and natural gas companies wish to continue their business. Conservationists and environmentalists believe that offshore drilling is nothing but detrimental to the natural occurrence of earth. Offshore oil drills are immutably harmful to both the flora and fauna of the sea, land, and air from a conservationist’s point of view. Within the northern most division of the United States, Alaska, polar bears are at serious risk that could lead to extinction if and when an oil spill was to occur. â€Å"†¦Oil covered polar bears have little chance to survive spills, because the oil the bears ingest while trying to clean themselves could cause death. † (Polar†¦) Deep offshore drilling projects have been said to lead to the emission of lethal gasses. Drilling in water depths greater than 500 feet releases methane, a greenhouse gas at least twenty times more potent than carbon dioxide in its contribution to global warming. † (Juhaz, 311) When a company goes into an area to drill for oil they must first evaluate the area with sonar machines to determine if there is any amount of oil to be obtained. â€Å"Seismic survey devices and military sonars have been implicated in numerous whale beaching and stranding incidents, including a mass stranding of sixteen whales in the Bahamas in December 2001. (Juhaz, 313) Marine animals and fish have much more sensitive hearing than humans and therefore the sonar machines can damage their ability to attract mates and fend against predators. Environmentalists also scrutinize oil companies for the number of injuries that employees suffer while working on offshore oil rigs. The HSE inspects all oil rigs throughout the gulf. Within the past few years, the number of injuries has dropped a considerable amount. It is believed though, that the only reason these numbers were lower is due to the fact that a smaller number of actual injuries were reported. Low†¦) Seaside communities can also feel the negative effects of oil spills. These communities have no choice in what washes up on their shores, where the majority of their popularity can come from. If an oil spill were to occur, it is not a guarantee that they would receive any compensation for the damages. Costal tourist communities would especially suffer. â€Å"‘If there’s one spill or one disaster, you could destroy us for a very long time. ’† (Juhaz, 314) Not only would their homes and communities be affected, but also their livelihood. Offshore oil and gas companies have exemplary motives, standards, and hopes for their business. Environmentalists constantly attack these companies with verbose denunciation that is often not valid. For instance, Juhasz wrote in his book The Tyranny of Oil that somewhere between 1,500 and 2,000 tons of waste material is released into the water annually. This is misleading and obscure considering that the â€Å"waste material† consists of rock, mud, and minerals, all of which are overly abundant in the oceans without any human interference. 312) Many environmentalists also choose to ignore the fact that oil rigs have become essential and permanent habitats for marine life. â€Å"†¦A growing debate is emerging between those who wish to see the rigs disappear entirely and the ones who believe that doing so would destroy an important habitat. † (Rothbach) Even non-intentionally, the owners of oil rigs are benefitting the environment in which they conduct business. It is very possible that they are doing more good than harm to the fish and plants that they first intruded upon. It seems that environmentalists can be somewhat hypocritical in their attempt to extol their platform. It is clear that environmentalists will fight against offshore drilling no matter what strides are made or facts are presented. The key is working to make a situation that benefits the consumers, companies, communities, and of course the environment. This is a very difficult task at hand but manageable. As mentioned before, oil and gas companies are making noticeable strides in â€Å"going green† to benefit the environment. â€Å"Through creative decision making, solutions can be present themselves in a way that all parties will find reasonable, even if not ideal. (Rothbach) In order to prevent the dispersing of dangerous drilling fluids, companies are working to develop a water based, high alkaline solution of silica-based solutions called silanes. (Nowak) Companies are also working to â€Å"set tight standards on carbon dioxide emissions, it will drive more fuel efficient vehicles, which will in effect reduce our dependence on foreign oil. † (Martin) Also, â€Å"subsea facilities are viewed as a path to bring production to market faster while extending life in the field. † (Kliewer) The country of America is most definitely reliant on energy. With each household having an average of two cars each, fuel is a considerable necessity. (Marlin) Environmentalists try to belittle the need for power that America has. This cannot be done. Power is a need that should be on the top of the list to be addressed. The process of which to obtain it is something that should be done with the environment in mind. With the steps already being taken to create an ideal balance, success is visible on the horizon. With advances in technology it is more than possible for the oil industry to be clean, efficient, and environmentally friendly. â€Å"America could rival-even exceed- the world’s biggest energy powerhouses. † (Gingrich, 39) The offshore oil industry is a gold mine just waiting to be taken advantage of. America has just scratched the surface of its potential below its oceans and seas. Considering the fact, that the advances in safety and efficiency have recently been perfected, the timing is perfect to really dive into the fortune that will take America to the top of the power chain in the world.

School Life: What I Learned

As I look back, there are multiple reason I am who I am today, but when I think about it changing to a public school my junior year really had a huge impact on my life and who I am today. It has made me independent and trust of myself, become more involved in school and learned how to balance my time. Also, switch schools, I have experienced a huge diversity of people. My first two years of high school, I attended St.Pius X, there I had gone to school ith all the same people I had known my whole life. Pius was a very small school and very easy to adapt to. After my sophomore year, I just knew something wasn’t right with me. I felt very sheltered and I felt like I wasn’t my own person, I felt myself being like everyone else. Knowing myself and what I wanted in life, I knew St. Pius was no longer the school for me. My Junior year, I switched to North Kansas City, knowing few people going in. Going through something like that, I had no friends and no one to trust myself.I had no fear going in. Being able to start completely over with no friends and no one to trust or go to I developed so much confidence in myself and knew I would adapt quickly. Still to this day, even with the close relationships I have made with people, I am still very independent. I make sure no matter what goes on in my life to take care of all of my responsibilities and this quality will come in handy in college with everything I will experience and will continue to stay successful. To help myself adapt to the change, I became as involved as I possibly could.I joined clubs, did volunteer work and also played three sports all while maintaining a job. Being this involved I was nervous I would become overwhelmed and thought it would be easy to loose my focus with academics but I knew that I couldn’t let that happen. My grades really improved and I was able to manage all of my activities and always get my school work done. This will definitely benefit me in college because I k now that I will be as involved as possible and that i will still maintain the motivation to get ll my work done and take care of every single of my responsibilities I develop in college. North Kansas City is not only a bigger school that I am used to, but also a very diverse school. We represent people from about thirty six different countries. I have developed close relationships with people from places I have never even heard of. At North Kansas City high school there are so many opportunities, every individual person seems like they have found comfort there. I know I have found many things to be involved in.When I get in college I know there will be people all over the world and for most it will be a huge culture shock. Being surrounded by people with different backgrounds and all walks of life and my experience with going to one of the most diverse schools in the country will help me understand people and where they are all coming from. As much as I miss my old friends and old l ife, in the end I am so happy with the change. The self trusting, time management skills and experience to a very diverse school is what is best for me in the future, not only in college but in my career after college as well.

Literary Devices in Go Tell it on the Mountain by James Baldwin

In Go Tell it on the Mountain by James Baldwin, Compare and Contrast is shown throughout the novel. Baldwin had shown that there are characters that have similar situations, but other who contrast among themselves. For example, Florence and Elizabeth are similar because of their situations, while Florence and Gabriel clash because of their attitude and beliefs. Another example of compare and contrast is Frank and Richard being similar in nature, but Esther and Deborah being pictures of contrast.Florence and Elizabeth are both unfortunate women who don’t get the love that they deserve and both have the happiness taken away from them due to their last husbands. In Florence’s past, she sacrifices her childhood and youth to take care of her younger brother, Gabriel, and by doing her homework. She also neglects her education so she would send Gabriel to school and help her mother at home. When her mother falls ill, she takes the burden of attending to her sick mother and wor king to earn a living. For all Florence has done, her mother and Gabriel both take her for granted and they both fail to acknowledge her worth.Also when Florence leaves her home to preserve her chastity, her brother and mother both take it amiss. In New York, Florence meets a man, named Frank, who promises to provide her love and security. Frank does love her, but he doesn’t take the time to take care of her needs. He spends all of his money and leaves her to fend for herself and the house. When Florence tries to explain and show Frank his responsibilities in the house, she fails, and is soon forced to show Frank the door. Florence is unsuccessful when it comes to love and marriage. When she needs company and comfort, she is denied and left alone to have a lonely and miserable life.Elizabeth has the same situation. In her childhood, after her mother passed away, he is taken from her father by her aunt. During her youth, she falls in love with a man named Richard and plans to live with him in a strange city. Later on she becomes pregnant with his child out of wedlock and refrains herself from telling Richard about it. In this process, she suffers the consequences from her foolishness. Richard gets framed for a crime he didn’t commit, and is severely punished. Richard soon commits suicide and leaves Elizabeth when he can’t take the insults any longer. Elizabeth loses the man she loves and is left to raise the child by  herself.She’s punished for loving Richard and is left to struggle in the cruel world. Later in life, she meets Gabriel and falls in love with him. She believes that he is loving and caring, but after their marriage, she learns that Gabriel can be prejudice. She feels helpless against his violent behavior and resigns herself to the situation. For all she has done in their home, Gabriel hasn’t said one kind or loving word towards her. Once again, the man that she loved hasn’t provided her with the security and peace she needs. She is unlucky as Florence and is betrayed by life.Frank and Richard are both weak characters who yield to the pleasures in life. They are insecure Negroes and feel threatened by the power of the Whites and soon finds a route to escape their fears. Frank loves Florence and promises to respect her and secure her but soon forgets his responsibilities when money gets involved. He apologizes, but only to commit his mistake again, failing to provide security and harmony to her in their marriage. When Florence tells him to leave the house out of disgust, he leaves and lives with another woman, instead of trying to improve himself and to correct his life.

Chemistry - mechanism and synthesis Essay Example | Topics and Well Written Essays - 2250 words

Chemistry - mechanism and synthesis - Essay Example Next, FGI agents are used to convert the methyl group to a nitrile one and the final product – scheme 1, product 2 – is formed. This lithium salt is undergoes acid hydrolysis to form the pentane-2-diol, the hydrate of the ketone, and this, in the absence of the organolithium any excess of which is destroyed by the addition of water, readily decomposes to form the ketone (Taylor, p. 95, 2002). The reagent acts as a source for , that acts as a nucleophile and replaces the leaving group in the halide. This forms the ketone. The organocopper is not strong enough to attack the ketone and the reaction stops here (Taylor, p. 103, 2002). Note to the above diagram: Grignard reagents usually react with carboxylic acid derivatives to form ketones as intermediate substances but ketones cannot be prepared in this manner because they react further with more Grignard reagents to form alcohols. Usually, to prepare ketones, a less reactive organocopper reagent that reacts with the carboxylic derivative but not with the ketone is used (Taylor, p. 84, 2002). In this case, is a nitrile with a functional group that has similar polarisation characteristics to the carbonyl group. Thus, it can undergo addition reaction with the Grignard reagent and form a magnesium salt of an imine. It is notable that the salt has no leaving group and is also negatively charged and does not react further with the Grignard reagent. Thus, it is treated with aqueous acid and the excess Grignard reagent is destroyed and the salt is now converted to the imine – pentane-2-imine. The imine is unstable in the aqueous acidic conditions and readily hydrolyses to the ketone (Taylor, p. 85-86, 2002). This is the least stable radical as the relevant carbocation is flanked on either sides by other carbocations while only one side is somewhat stabilised by the alkyl electron-releasing group (Taylor, p. 126, 2002). (Part b): The technical

Holocaust Essay Example | Topics and Well Written Essays - 1750 words - 1

Holocaust - Essay Example Germany lost battle during the war. The German economy dropped drastically. Apparently, the Germans started developing hatred towards the Jews since most of them, at that time were well off. Hitler was among those who had an extreme hatred for the Jews. He tried unsuccessfully to vie for presidency in Germany. However, he occupied a leadership position in the German governing system. It was through that position that he started spreading the message of hate towards the Jews. In 1933, Hitler rose to power and introduced anti-Semitism that meant hatred towards to Jews. He introduced holocaust that lead to the death of 6 million Jews. This paper will attempt to explain activities that took place during the Holocaust. It is obvious that many Jews and some Germans perished the atrocious events that happened during the reign of Hitler. Apparently, Hitler did not commit the activities alone. He received support from collaborators who did not like the Jews. Moreover, due to his experience, e ducation, and influence he was able to lure people and collaborators to join his quest. According to most articles considering events that took place during the holocaust it is difficult to explain the causes of Holocaust. However, many factors supported it and contributed largely to atrocious activities that took place during Hitler reign. Some of the factors that influenced holocaust dates back when Jesus Christ was alive and living in Israel, home to many Jews (Walters, 2009). After the death of Christ, most people across the world, including the Germans, developed hatred towards the Jews. Germans viewed them as the people responsible for the death of Jesus. Many Germans are Christians. Therefore, most of them believed in the message communicated by Jesus. For this reason, they grew hatred when they met those related to Jesus murderers. According to the most Germans, they were revenging for Jesus Christ. At a young age, especially after First World War,

EU law Essay Example | Topics and Well Written Essays - 1750 words

EU law - Essay Example Although the employer has allowed rest period 10 minutes as permitted in Estate Facilitators Act 1965 as against 15 minutes allowed by the EU Directive 2005/666, the employer has failed to give the facilitator the training on the equipment required both by the Act as well as the Directive. Thus, regardless of the non-transposition of the directive, the employer is bound to give training to the facilitator on equipment as per the Act if not the enhanced rest period under the Directive. Besides the rights available for the estate facilitator under the Health and Safety Regulations and the Employment Rights Act regardless of the EU directive as far as the failure to give training by the private employer, the employee (the facilitator) has the right to make complaints in his individual capacity to the European Commission for failure by the Member State to transpose the directive into the domestic law. European Commission will investigate the complaint and call for explanation from the Member State. If the explanation is not satisfactory, the Commission can order the Member State to comply with the Directive within one month failing which the matter can be referred to the European Court of Justice (ECJ) by the Commission. In the case adverse finding against the State, the ECJ can order the Member State to give compensation to the individual. ECJ’s decision is final and there will be no further appeal.2 Under the EU law, a â€Å"direct effect† action is available for union citizen. Direct effect is a principle under EU law by which Union Citizens can bring action within their own Member State instead of as above whether or not the Member State has transposed the directive into its national law. It can also apply to regulations, treaty provisions and decisions. The ECJ introduced the principle in NV Algemene Transporten Expeditie Onderneming van Gend en Loos v. Nederlan dse Administratie der Belastingen,3 The conditions laid down by the ECJ for warranting a Direct Effect of the â€Å"Primary EU Law† are that the provisions of the directive must be clear and precise, they must be a standalone conditions without being dependant on any other legal provision, and must bestow a specific right based on which the citizen can make a claim. If these are satisfied, it will have the same legal effect as Regulations under the Article of 288 of TFEU. Thus, as established in Flamino Costav ENEL4, EU Law on labour, enjoys supremacy over domestic law rules and claims can be made before national courts overriding the domestic law as also held in Defrenne v Sabena. 5 But this related to an Article 141 of EC now 157 of TFEU and not a directive which may or may not be applicable throughout the European Union. However, in the case of the directive in question, it is not discriminatory and hence applicable to all member states and hence the Estate Facilitator who is a European Citizen can move his national court for the infringement of his rights over the rest period for every three hours of work and training of the lifting equipment once in every six months as provided. This Direct effect can be applied as Horizontal Direct Effect and Vertical Direct Effect depending on whom the right is enforced against. If the entity is the State or its emanation, vertical direct effect will apply. In a vertical direct effect, there is an alignment between the EU law, National Law and the State’s obligation to ensure that its national legislation is in consonance with EU law. This was

Fiscal and Monetary Policy Essay Example | Topics and Well Written Essays - 1250 words

Fiscal and Monetary Policy - Essay Example From the study it is clear that  in the United States, moreover, the existing mandate to the Federal Reserve Board emanating from Congress is for the former to promulgate fiscal policy decisions that will push employment numbers to the maximum as well as achieve stability in prices of goods and services.As the paper highlights  separate from this general two-component mandate, however, the US Central Bank has autonomy with regard to the operational aspects of achieving those mandates, and that means that the US Federal Reserve Board has the independence to chart monetary policy without intervention from the US Congress. In contrast, when one talks about fiscal policy, one talks about things that relate to the way government raises revenues through taxation, in order to finance its activities in terms of government expenditures.  As the name implies monetary policy refers to the policy, as controlled bank, pertaining to the amount of money in circulation in the economy. The mech anisms of control of the monetary supply, or the effecting of monetary policy include tweaking interest rates for loans, as well as tweaking monetary reserve requirements for banks. The end result is that the central bank can calibrate the amount of money n circulation by controlling these monetary policy levers.  In times of recession, mostly, the central bank will try to lower interest rates to spur borrowing and also relax controls on money to increase the overall supply of money in the economy.

Dilemmas in the Intensive Care Unit Case Study Example | Topics and Well Written Essays - 750 words

Dilemmas in the Intensive Care Unit - Case Study Example As Littleton, and Engebretson (2005) observe, a young teenager who has received no childbirth preparation will need more teaching than other;   it is also said that the woman in labor is of central importance; not the nurse, doctor or nurse-midwife (p. 506). So, the first step will be easing the tension of Rachel and providing support. For this purpose, the service of chaplain will be utilized. A chaplain will be summoned quickly to handle the fear and stress of Rachel.The second step will be to make the parents understand the seriousness of the situation. They will be advised on the importance to have a proper medical intervention as there is fetal distress. Even if they do not provide consent, considering the seriousness of the situation, the doctor on duty will be informed of the situation.As the situation is gradually getting critical, it becomes necessary to ensure the availability of staff in case of an emergency. Considering the fact that the doctor on duty is attending anot her emergency case, necessary steps will be taken to ensure the presence of staff to handle the situation to avoid risk. It is possible that the doctor on duty has got busy on another emergency that might take a long time. In addition, Rachel’s situation is getting critical.  In the second case, the ethical issue is whether to allow Yves to enter the ICU to visit Alain Trottier. As Molter (2007) observes, nurses should have the skill to model interaction between the patient and family; and, continuing rigid restrictive visiting practices when it is certain that it is not beneficial is an ethical question in concern (p. 70). In the case of Alain Trottier, it is evident that Yves, his domestic partner, was along with him in the ER and is still in the hospital. In addition, the patient has been unconscious for a day and still, there is no change in the situation and no diagnosis had been made. In addition, hospital policy allows domestic partners to be treated as married coupl es. In addition, as per the policy, it is Yves who is responsible to make decisions for the patient. Carter and Lopert   (2005, p.94) say that if possible, staff should allow some flexibility in visiting schedules and should keep family and friends apprised of the patient’s support needs.

Conspectus and Collection Mapping Essay Example | Topics and Well Written Essays - 1250 words

Conspectus and Collection Mapping - Essay Example There are a lot of individuals who are using the libraries and among them are children who are going to schools or professional individuals that are in need to be guided by a certain library system that would make their library experience a bit easier and would further guide them as they surf through different services that the aforementioned library renders. A library system is a must in order to cater the needs of the users in a manner that is not stressful to them considering the fact the library should meet the demands of its users to be effective in meeting the needs of the people who are using it. In the case of the aforementioned library, the conventional method should have at least been altered in partial in order for the people and the administrator to utilize the library to the fullest. In this case library materials should be recorded subject by subject in order fro the users and the administrators not to be lost in utilizing the materials in the library. The collection of the library should develop a certain program in order to guide the people who are utilizing the library. Upon analyzing these things, Conspectus Method came into picture. Library, University of Auckland (2006) described that "According to the conspectus, library resources are divided into 24 broad subject divisions, and within these divisions each subject is further divided according to the Dewey classification system used by most of the libraries on campus. Each subject area is graded by using a code from 0 (out of scope) to 5 (comprehensive). Language coverage is defined by further codes. These codes are described on the following pages." - This means that library resources should be divided into divisions and classifies them accordingly with the use of Dewey classification system in order to group the materials accordingly. In the case of the aforementioned library where it caters approximately 650 students excluding those professional people and by-standers who are also utilizing the library, this method is really a necessity in this library considering the amount of people who are using this library. If we are to analyze, classifying the materials in the library is a big help in order for the people to be guided. Conspectus and Collection Mapping 3 For instance in the history classification of this library where it houses a little over a hundred of history books, classifying these books into a smaller fragments of classification is beneficial for the users considering the fact that a certain subject and classification has their differences from volume, the essence of their uses and the likes so it is important to have these classification in order for the users to be guided. For instance in the classification History, it was subdivided into smaller classification such as World History, American History and the likes, in the same thing, these books are also divided into volumes, years, and editions in order to locate them without hassle. If we are to look into

Buyer Behaviour Academic Paper Essay Example | Topics and Well Written Essays - 3000 words

Buyer Behaviour Academic Paper - Essay Example Manual efforts have been considerably reduced in mathematical calculations, analysis and interpretations of data because of computer and internet. Most of the companies have redefined their organizational strategies in order to accommodate and make use of the internet technologies. Organizational principles need to be restructured in order to exploit the possibilities of computers and internet. For example, the core function like marketing needs to be revised in order to target the online consumers. Consumer trends also have undergone rapid changes because of internet. Internet and its influence on consumers irrespective of children or elder people forced organizations to formulate custom made strategies for the internet users. The main advantage of internet is that the marketers can prepare custom made marketing strategies for internet users by sending customised e-mails. This paper analyses the importance of online technologies and online environment for influencing buyer behaviours based on some preliminary and secondary data collected through interviews and other sources of references. Apart from real life on real world, most of the people have a secondary life on a virtual world mainly around the computers and internet. Majority of the human population may not be satisfied with their real world experiences. The life which they dreamed of may not be possible for them because of so many constraints in the family and the society. Such people can fulfil their dream up to certain extent using the online environment. Online environment and the anonymity offered by it provide the people to release their hidden stresses and desires to other communities. A real friend in real life is a dream for most of the people because of the changing moral and ethical concepts of life. Even husband and wife may not share all of their suppressed desires between them because of the lack of trust between them. Recently I have watched an Indian movie

Families that work Essay Example | Topics and Well Written Essays - 1250 words

Families that work - Essay Example The policy failures are attributed to a false dichotomy in terms of minimal public commitment and participation in care giving. Notably, US working families policies are based on privately based and market driven labour market demands, instead of citizen-based social policy frameworks. This has then made US to have the highest wage-gap between working males and females, in addition to having the highest family poverty levels compared to European nations and other English-speaking countries families. Overall, Gornick &Meyers argues that US has a rather pathetic parental and maternal employment structures coupled with a relatively restricted cash allotment to families (2005). Consequently, this has made American working parents especially mothers to face competing responsibilities, which not only leaves them reprimanded in their workplaces but also overburdened and drained at home. Gornick & Meyers also take issue of how childcare in US is mostly privately driven and left entirely to w omen, which is something that makes US to have a smaller portion of working mothers operating part-time and with high working hours (2005). Although the US has elevated maternal employment levels compared to Scandinavian nations, Canada and some continental European nations, there is minimal policy to shore up mothers in their labor-market commitment. Gornick &Meyers observes that even existing legal frameworks such as Pregnancy Discrimination Act or the Temporary Disability Insurance Act does not enforce provisions such as maternal or parental paid-leave (2005). There is low level and even lack of policy frameworks, which can enable mothers to take a couple of days off from their work after birth without sacrificing their job security or paycheques. Consequently, working mothers are faced with job interruptions, forgone earnings, and reduced career opportunities. Moreover, families experience extremely high out of pocket child-care expenditures, parents spending extensive hours at work, in addition to experiencing stressful adjustments to job schedules. Even though the US has progressive policies on work gender equality such as fathers being given leave rights, Gornick &Meyers observe that the nation has no provision that allows fathers to spend a considerable amount of time with the mother and child during the first year of the child birth without having to sacrifice their wages (2005). There are no provisions, which will ensure that both new working mother and father are allowed to work part-time without shifting employers or even losing their health benefits until the child goes to elementary school. Gornick &Meyers also tackle the fact that the US lacks provisions that will ensure that childcare expenses are offered to working parents at a much lower cost (2005). They observe that working family’s earnings do not balance the requirement of care, especially in meeting the needs of modern families. This is attributed to the failure of the traditional American employment-forcing outcomes identified by the lack of options for employees in deciding labor-market wages, granting of health insurance only via employment, and a labor structure,

Jane Ms Lynch Essay Example for Free

Jane Ms Lynch Essay Jane Ms. Lynch was born and raised in Dolton, Illinois, the daughter of a housewife mother and a banker father. She was raised in an Irish Catholic family and attended Thornridge High School. She received her bachelor’s degree in theatre from Illinois State University and her MFA from Cornell University, also in theatre. She lived in Chelsea for a year and a half. Ms. Lynch began her career in the theatre but quickly moved on to TV. She starred with MDs, and has made guest appearances in numerous television series, including L.   A. Law, Judging Amy, The West Wing, 7th Heaven, Friends, Felicity, Arrested Development, the cult hit Lovespring International, Two and a Half Men, Weeds, Boston Legal, The L Word, Help Me Help You, Gilmore Girls, The New Adventures of Old Christine, Psych, Monk and Party Down, among others. She also appeared in the crime drama Criminal Minds as Spencer Reid’s schizophrenic mother. As of 2009, Ms. Lynch currently appears on the Fox series Glee. GLEE is a musical comedy-drama television series that airs on Fox. It focuses on a high school show choir (a modern GLEE club) called â€Å"New Directions,† at the fictional William McKinley High School in Lima, Ohio. Ms. Lynch has won glowing reviews for her role as the aggressive cheerleading coach Sue Sylvester. Sue is part of the William McKinley High School staff and is the coach of the cheerleading squad, the â€Å"Cheerios†. She detests the Glee Club and their teacher, and attempts to bring them down at any cost. She is jealous of the GLEE club’s talent and also holds grudges to unhealthy, almost super-villain levels, particularly her desire to destroy the Glee Club for getting money that had once been promised to her â€Å"Cheerios†. However, Sue is not completely without her soft-side. She is very loving towards her sister Jean, who suffers from Down Syndrome and who Sue visits as often as she can. This love for her sister caused Sue to donate money to the school to help disabled kids, and to allow a student with Down Syndrome to join the â€Å"Cheerios†. Mary McNamara of the LA Times wrote, â€Å"Ms. Lynch alone makes GLEE worth watching. † On August 29, 2010, Ms. Lynch won the Primetime Emmy Award for Outstanding Supporting Actress – Comedy Series. Ms. Lynch recently helped unveil a wax figure of her famous character Sue Sylvester from the Fox hit series at Madame Tussaud’s in Hollywood. While Ms. Lynch commented that it was an amazing honor, she also compared the experience to seeing herself in a coffin.

Doctrine of Impossibility in Contracts

Doctrine of Impossibility in Contracts Introduction This essay will consist in an attempt to analyse the doctrine of impossibility and its operation in relation to contracts. It will look closely at both the concept of initial impossibility arising from a common mistake on the part of both parties as to the state of things before the contract was agreed and the concept of subsequent impossibility and frustration. The latter deals with a situation whether the parties enter into agreement on terms both express and implied and then a supervening event renders the performance of that agreement radically different from that which was envisaged by both parties at the outset. These themes will be discussed in greater detail in the first section and will run throughout the work. The essay will examine the concept of objective and subjective impossibility, and the rules relating to discharge of contractual obligations and allocation of risk. It will look at the situation when either the subject matter or a thing essential for performance is de stroyed or unavailable, either partially or completely. It will then look at how the death or supervening incapacity of a party will affect a personal contract. Towards the latter part of the essay, it will discuss the problems that arise when a method of performance becomes impossible or a particular source becomes unavailable. It will conclude by looking at the effect of delay and temporary impossibility on a contract. The concept of impossibility The concept of impossibility in contract law can be split into two distinct categories. There are the cases where the parties never actually reach a true agreement because they are mistaken as to some element of the contract before the contract is concluded and the cases where the contract becomes impossible to perform subsequent to the agreement having been reached. Generally speaking, in the first instance, the contract is void ab initio and in the second, an otherwise valid contract is brought to an end from the point when the impossibility arises. A basic example to illustrate the difference would be a contract for the sale of a car. If unknown to the parties, the car had blown up 5 minutes before the contract was signed the contract would be void ab initio, whereas if the car blew up 5 minutes after the contract was signed, the contract would be valid, but brought to an end by the fact that its subject matter no longer existed. Essentially the courts are implying into the contra ct a condition precedent that the subject matter exists and is capable of transfer. This concept of implied condition precedent has been regarded with considerable scepticism among commentators in light of the traditional common law view that the courts should neither make nor amend a bargain. The main problem arises when dealing with the first type of impossibility. It is not always entirely clear how the courts will formulate the implied condition precedent. Smith and Thomas suggest three possibilities: A impliedly promised B that the thing existed. A impliedly promised B that he had taken reasonable care to ascertain that the thing existed. A and B proceeded on the common assumption, for which neither was more responsible than the other, that the thing existed and its existence was a condition precedent of the contract.[1] Which of these options it will be, depends largely on the relative means of knowledge of the parties and whether one is relying on the other. This will be discussed at length through the course of the work. It also may be that on proper construction of the contract either, or both of the parties have made absolute promises. In that event, the courts will not excuse non-performance for either type of impossibility. There are also cases where the contract has not become entirely physically or legally impossible, but an event has occurred which â€Å"strikes at the base of the contract so as to frustrate its purpose.†[2] This is commonly referred to as frustration and it operates as a form of subsequent impossibility. Objective and Subjective Impossibility The contract will have to be objectively impossible to perform before it is held to be void. The case of Thornborow v Whitacre (1705) 2 Ld Raym 1164 held that a party cannot escape liability on the grounds of impossibility purely relating to his individual ability or circumstances. Neither will he be discharged from his obligations simply because he finds the contract particularly difficult or onerous to perform: â€Å"It is not hardship or inconvenience or material loss itself which calls the principle of frustration into play†[3] Subsequent impossibility will similarly not excuse the parties from performance if it was brought about by the conduct of one of the parties. The case of Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 held at 717 per Lord Atkin: â€Å"†¦conduct of either promisor or promisee which can be said to amount to himself of his own motion, bringing about the impossibility of performance is in itself a breach.† Clearly, any impossibility that can be attributed to either party will be considered a breach of contract and the defaulting party will become liable in damages in the usual way. Where the impossibility brought about by one of the parties existed at the time of the contract he is likely to be held to have warranted possible performance of the contract and held to be in breach of that warranty. As discussed above it is sometimes possible for the courts to hold that a party made an absolute promise and therefore accepted the risk of the fact that the contract might be impossible to perform. Whether a contract is considered to be absolute will be a matter of objective construction of the terms of the contract. If the contract is held to be absolute, the party will be held to his performance whether or not the impossibility is his fault or not. In the case Paradine v Jane (1647) Aleyn 26 a lessee was held liable to pay rent even though he had been evicted from the property by armed forces during the civil war. A lease is a type of contract that is commonly regarded as being objectively absolute without reference to the subjective intentions of the parties. Overall the contract must be objectively impossible to perform, the subjective views of the parties as to their circumstances and their personal ability to perform the contract will not usually be taken into account. Similarly, if a party is active in bringing about the impossibility the contract will not be seen as objectively impossible, but as having been breached. Conversely, some contracts will be held to be objectively absolute and the subjective intentions of the parties in forming the contract and their level of fault in bringing about the impossibility of performance will not be relevant. Destruction of the Subject Matter In the case of Taylor v Caldwell (1863) 3 B S 826 the claimants granted the defendants the use of a music hall and gardens for a series of music concerts. After the contract had been concluded, but before the concerts had begun the music hall was destroyed by fire and the concerts could no longer be held there. The claimants argued that the defendants were in breach of the contract for failing to provide the music hall and sought to recover  £58, which they had spent on advertising the concerts. The courts however held that the contract had become impossible to perform and was therefore frustrated. Both parties were therefore released from their obligations under the contract. In coming to this conclusion Blackburn J referred to the dicta of Pothier[4] stating that: â€Å"The debtor is freed from obligation when the ting has perished, neither by his act nor his neglect and before he is in default, unless by some stipulation he has taken on himself the risk of the particular misfortune which has occurred.† He recognises that the civil law is not binding on English Courts, but states that it is a useful indicator of the principles on which the law is grounded. Blackburn J also refers to a line of authority involving bailment. For example the case of Williams v Lloyd W.Jones 179 the claimant had delivered a horse to the defendant on the condition that it be returned on request. Without fault on the part of the defendant, the horse became sick and died and was therefore not able to be returned on the request of the claimant. It was held that bailee was discharged from his promise by the fact that the horse had died. Blackburn J stated that it was a settled principle of English law that in contracts for loans of chattels or bailments, if the promise of the bailee or borrower to return the goods becomes impossible because the goods have perished through no fault of his own, the bailee is excused from this promise. It is noted that in none of the cases relating to bailment was it expressly agreed that the destruction of the subject matter would release either party from their obligation, â€Å"the excuse is by law implied† [5] This principle established in Taylor and subsequent cases[6] is now contained in section 7 of the Sale of Goods Act 1979 â€Å"Where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is avoided.† Partial Destruction of the Subject Matter It is interesting to note that the contract in Taylor was for the use of ‘Surrey Music Hall and Gardens’. It was therefore only part of the subject matter that was destroyed by the fire; the gardens were still in tact. However, it was held that the destruction of the music hall rendered performance of the contract impossible. This implies that when part of the subject matter is destroyed the courts will investigate the purpose of the contract. If the part that is destroyed renders that purpose impossible the contract will be held to have been frustrated by its destruction. Discharge and Rules Governing Risk As discussed above a contract, which is the subject of a mistake made by both parties prior to its formation that makes performance impossible, will be void ab initio. This is not the case if the impossibility arises after the formation of the contract, i.e. the contract is frustrated. In that event, the contract is said to be discharged from the time when the frustrating event arose. The parties are discharged from any future performance without having to elect that that will be the case.[7] Where the core of the contract is the happening of some future event and that event is cancelled the time of frustration will be the time when the cancellation is announced. In the case of Krell v Henry [1903] 2 KB 740 the defendant hired a flat on Pall Mall to watch the coronation procession of Edward VII, though this purpose was not expressed in the contract. The procession was cancelled before the formation of the contract, but the announcement was not made until after the contract had been a greed. If the contract is severable, it may be that only part of the contract is frustrated and the other parts remain in force. It seems that even when an entire contract of sale is held to be discharged because it has become impossible to deliver some of the goods, the buyer can ‘waive’ this and demand delivery of the rest of the goods. This was the case in HR S Sainsbury Ltd v Street [1972] 3 All ER 1127. Supervening events may also make the suspend the contract without actually discharging it.[8] Temporary impossibility will be discussed in greater detail in a later section. Furthermore, illegality may frustrate a minor obligation without discharging the entire contract. The implications of things like this for a potential doctrine of partial frustration will also be discussed later. The essay will now go on to look at who should bear the risk and hence the loss of a frustrating event. For a long time it was thought that the losses resulting from the frustration of a contract should lie where they fell. This led to the conclusion that any money paid before the frustrating event occurred was irrecoverable and conversely any money already due under the contract for services provided was enforceable. In the case of Chandler v Webster [1904] 1 KB 493, CA, a room was hired to view the coronation procession, the price being payable immediately. When the procession was cancelled,  £100 had been paid on account. It was held that the contract was frustrated thereby releasing the parties from further performance, but leaving promises performable before the frustrating event still standing. On the other side a party who had only partially performed the contract could not recover anything for his services even when he had conferred a benefit on the other side.[9] It is pos sible however that a party who, after a frustrating event, takes reasonable steps to protect the other party’s interest will be entitled to recover remuneration for his expenditure on a restitutionary quantum meruit basis. This was the case in Socià ©tà © Franco-Tunisienne dArmement v Sidermar SpA [1961] 2 QB 278[10]. Until 1942 it was also considered that there could be no recovery for total failure of consideration. This was on the basis that up until the point of frustration the party who had paid any money had the benefit of a executory contractual promise and that was consideration enough[11]. However, in the case of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32 the House of Lords held that a party could recover where there had been a total failure of consideration. This was an improvement on the Chandler position discussed above, but two principle defects in the law remained. The first was that the principle only applied when there was a total failure of consideration; where there was a partial failure the claimant could not recover anything.[12] The second defect was that the payee could not set off any expenditure that he had incurred in the performance of his side of the contract. These defects were rectified by section 1(2) of the Law Reform (Frustrated Contrac ts) Act 1943. The subsection states: â€Å"All sums paid or payable to any party in pursuance of the contract before the time when the parties were so discharged (in this Act referred to as â€Å"the time of discharge†) shall, in the case of sums so paid, be recoverable from him as money received by him for the use of the party by whom the sums were paid, and, in the case of sums so payable, cease to be so payable: Provided that, if the party to whom the sums were so paid or payable incurred expenses before the time of discharge in, or for the purpose of, the performance of the contract, the court may, if it considers it just to do so having regard to all the circumstances of the case, allow him to retain or, as the case may be, recover the whole or any part of the sums so paid or payable, not being an amount in excess of the expenses so incurred.† This deals with the defects in the common law by stating that monies paid before the frustrating event are recoverable, sums payable prior to the time of discharge cease to be payable and the payee is entitled to set off expenses reasonably incurred in their performance of the contract. Goff and Jones note that whilst the Act does deal in outline with the deficiencies of the common law it does not completely resolve the issues.[13] For example, the Act does not say what principles the court ought to employ to decide how much the payee is entitled to set off. In the case Gamerco SA v ICM/Fair Warning Agency Ltd [1995] 1 WLR 1226 Garland J felt that the court’s task was to: â€Å"†¦do justice in a situation which the parties had neither contemplated nor provided for, and to mitigate the possible harshness of allowing all loss to lie where it has fallen.† Section 1(2) does permit the payee to recover or retain more than he has been paid up to the tine of frustration. I.e. for expenses incurred in expectation of future payment. They may be able to recover such expenditure under section 1(3), which takes effect when one party has conferred a valuable benefit on the other party (other than money) before the time of discharge. In that event, he will be able to recover a just sum, which shall not exceed the value of the benefit conferred. Robert Goff J held in the case of BP v Hunt [1979] 1 WLR 783 that there were two steps to assessing a claim under section 1(3), the first was identifying and valuing the benefit conferred. Goff J held that usually the benefit would be the end product of any services. In some contracts the services were the end product themselves, for example, a contract for the transportation of goods. He held that if the end product is destroyed by the frustrating event then no benefit is conferred because the other party does not have the product either. This interpretation has been heavily criticised as failing to give effect to the intention of the Act.[14] This section of the Act was intended to mitigate against the harsh consequences of the common law rule of ‘entire obligations’. In the case of Appleby and Myers (1876) LR 2 CP 651 the claimants contracted to make machinery in the defendants factory and to maintain the machinery for two years. Payment was upon completion of the wor k. After part of the machinery had been erected, a fire destroyed the whole factory and all the machinery. The claimants could not recover anything, as they had not completed the work. Goff J’s interpretation of section 1(3) would lead to the same result. However, this interpretation has also been adopted in the Commonwealth[15]. It does appear to accord closely with the wording of section 1(3), which draws a distinction between the performance by on party and the benefit conferred on the other. This implies that the claimant must actually have received the benefit of any performance on the part of the defendant before the defendant can recover or retain any money. The second step Goff J laid down was the measurement of a ‘just sum’. Contractual allocation of risk will of course be a factor. Goff J thought that it ought to be as much as is necessary to prevent the unjust enrichment of the other party. This approach was rejected by the Court of Appeal in the same case, who simply held that it was in the almost unrestricted discretion of the trial judge. In conclusion, the Act is sadly deficient in its guidance as to the allocation of risk and loss between the parties to a contract that has been discharged for frustration. It is possible for the parties to allocate the risks contractually. This is one of the main reasons that the courts have kept a tight reign on the doctrine of frustration. Parties are expected to be able to foresee the possibility of dramatic price increases and the outbreak of labour disputes etc. Contracts therefore regularly include clauses which allocate the risk of such an unforeseen event occurring. One common example is a ‘force majeure clause’. In the case of Channel Island Ferries Ltd v Sealink UK Ltd [1988] 1 Lloyd’s Rep 323 the relevant clause stated: â€Å"A party shall not be liable in the event of non-fulfilment of any obligation arising under this contract by reason of Act of God, disease, strikes, Lock-Outs, fire and any accident or incident of any nature beyond the control of the relevant party.† The advantages of such clauses are that they provide a degree of certainty and the parties can agree to a wider range of circumstances than are currently available under the doctrine of frustration. For example, an unexpected increase in prices is not considered to be a frustrating event,[16] but it is common in a commercial contract to see a force majeur clause containing provision for ‘abnormal increase in prices and wages.’ It also allows the parties to determine their future relationship. The frustration doctrine discharges the contract regardless of the wishes of the parties, but they can provide for a continuing, adapted relationship if they so wish. Unavailability of the Subject Matter Where both parties are mistaken as to the availability of the subject matter at the time of the contract, this may be sufficiently fundamental to avoid the contract. The leading case on this issue is that of Courturier v Hastie (1856) 5 HLC 637 in which the parties entered into a contract for the sale of a cargo of corn, which was believed to be in transit from Salonica to England. Unknown to both the parties, the corn’s quality had deteriorated to such an extent that the master had sold it. The House of Lords held that the matter turned on the construction of the contract concluding that: â€Å"The contract plainly imports that there was something which was to be sold at the time of the contract, and something to be purchased, no such thing existing,†¦ judgment should be given for the defendants.†[17] The exact legal basis for importing this term has been the subject of some debate among commentators and will be discussed briefly now. The draftsmen of section 6 of the Sale of Goods Act 1979 appear to have interpreted the decision as stating that a mistake as to the existence of the subject matter of the contract inevitably renders it void: 6 Goods which have perished Where there is a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void. The court in Couturier did not however mention the word mistake; they based their reasoning on the construction of the contract and the fact that there was a total failure of consideration on the part of the sellers. Lord Denning applied a different interpretation in the case of Solle v Butcher [1950] 1 KB 671 at 691 in which he held that there was an implied condition precedent that the contract was capable of performance. He reasoned that in Couturier the parties had proceeded on the assumption that the goods were capable of being sold, when in fact they were no longer available for sale. Lord Denning’s interpretation does seem to give effect to the most likely intention of the parties. However, in the absence of a clear intention to release each other from the agreement if the subject matter is not available, it is not clear when Lord Denning is suggesting a term of this nature should be implied into the contract. The third interpretation is that whether or not the contract will be void, depends on the its construction. This was the interpretation put on Couturier by the High Court of Australia in the case of McRae v Commonwealth Disposals Commission 84 C.L.R. 377. The defendants invited tenders for the purchase of an oil tanker described as lying on the Jourmand Reef off Papua, together with its contents, which were stated to be oil. The Claimants won the tender and spent a considerable amount of money modifying a vessel for the salvage work. In a bizarre turn of events it was later discovered that no such tanker had ever existed. The court held that: â€Å"The only proper construction of the contract is that it included a promise by the commission that there was a tanker in the position specified.† On that construction the Commission had assumed the risk of the tanker not existing. They distinguished Couturier, holding that this was not a case in which both parties had entered the contract on a common assumption. The Commission had assumed the existence of the tanker, but the buyers had only relied on their assertion. In policy terms there can be little doubt that the approach taken in McRae is a sound one and one which ought to be followed by the English courts, but its is somewhat difficult to reconcile with section 6 of the Sale of Goods Act. There is the possible argument that McRae does not fall under section 6 because the tanker had never existed and therefore could not have ‘perished’. This distinction does seem somewhat artificial and not within the intention of the court in McRae. If the subject matter becomes unavailable after the contract has been concluded this may also render the contract frustrated for impossibility. For example in the case of Bank Line Ltd v Arthur Capel Co [1919] AC 435 a charterparty was held to be frustrated when the ship was requisitioned and so unavailable to the charterer. Temporary unavailability may also suffice, but this will be discussed later. Destruction or Unavailability of a Thing Essential for Performance Lord Atkin in the case of Bell v Lever Brothers Ltd [[1932] A.C. 161, discussed the circumstances in which one might wish to imply a condition into the contract. He states that a condition derives its efficacy from the consent of the parties, express or implied. He supposes a possible term: â€Å"Unless the facts are or are not of a particular nature, or unless an event has or has not happened, the contract is not to take effect.† If there are express words in the contract such as ‘a foundation essential to the existence’, there need not be any further enquiry, but when there are no such words the court must investigate the circumstances of the agreement to see whether any such condition can be implied. Lord Atkin uses the example of the hire of a professional vocalist whose continued health would be essential to the performance of the contract. The case of Krell v Henry [1903] 2 KB 740 has been discussed earlier. For present purposes it can be described in the following terms: The contract was for the hire of a room on Pall Mall to watch the coronation procession of Edward VII. The subject matter of the contract was the room and that was still in tact. However, the purpose of the contract was to watch the procession and without the procession the contract was not capable of full performance. Vaughn Williams LJ refers in his judgment to the case of Nickoll v Ashton [1901] 2 K.B, which is authority for the proposition: â€Å" English Law applies the principle not only to cases where performance of the contract becomes impossible by the cessation of existence of the thing which is the subject matter of the contract, but also to cases where the event which renders the contract incapable of performance is the cessation or non existence of an express condition the continued existence of which is necessary for the fulfilment of the contract, and essential to its performance.† This concept was extended in Krell to include a situation in which that particular set of circumstances (the viewing of the coronation) was not expressly mentioned in the contract. The contract in Krell was, however a strange one; the room was only hired out by the day, not the night, and the purpose for the contract on both sides was the viewing of the coronation. It is clear that the particular set of circumstances must have been in the contemplation of the parties and one that they both realised was necessary for the full performance of the contract. There is some dispute surrounding the Krell case. Cheshire and Fifoot point out that the cancellation was probably not in the contemplation of the parties, but with regard to the proposition that the buyer should be discharged from his obligation to pay on cancellation: â€Å"It is incompatible with the character of a hard bargainer to say that the owner of the room would have agreed to this proposal if it had been put to him during negotiations.†[18] It is more likely that the owner would have told the hirer that that was a risk he would have to take. It seems somewhat unreasonable to import to the seller a state of mind which he may well not have been in had he thought about it. McElroy and Williams, on the other hand say that the contract was impliedly for the hire of â€Å"rooms to view the procession†, the fact that there was no procession therefore amounted to a complete failure of consideration on the part of the owner of the rooms, discharging the hirer from his obligation to pay.[19] The circumstances in which Krell will apply are extremely limited. The set of circumstances, which the parties assume to be continuing, must be the common foundation of the contract. In the case of Herne Bay Steamboat Co v Hutton [1903] 2 KB 683 the claimant hired a ship from the defendant to watch the naval review and for a day’s cruise around the fleet. After the contract, the naval review was cancelled owing to the same illness of Edward VII, but the contract was held not to have been frustrated. This is thought to be because the hirer could still see the fleet and the boat had not been hired out by the owner for the specific purpose of seeing the Naval Review. This meant that seeing the Naval Review was not the common purpose of the contract and its cancellation was not therefore a frustrating event. Thus interpreted, Krell can be seen as a very narrow decision and as indeed been distinguished in more recent cases.[20] The Death of a Person Essential to Performance In the case of Galloway v Galloway (1914) 30 TLR 531 the defendant thought that his first wife had died and married the claimant. The defendant and claimant subsequently separated and entered into a deed of separation under which the defendant agreed to pay the claimant a weekly sum in maintenance. The defendant then discovered that his firs

Concepts In Clinical Outcomes Nursing Essay

Concepts In Clinical Outcomes Nursing Essay Avedis Donabedians model presents an all-inclusive model of the relationship between variables that contribute to quality of care, healthcare costs and health status. Donabedians (1988) classical approach to the assessment of the quality of patient care within a hospitalization setting is comprised of three components, which include: structure, process, and outcome. The first two variables, structure and process, are labeled indirect variables by Dr. Tim Postema, because of their overall significance and contribution to the third variable, outcome (2005). To better understand Donabedians model, a brief overview of each variable will follow. The structural component is defined by the setting, which includes the attributes of material resources (such as facilities, equipment, and money), of human resources (such as the number and qualifications of personnel), and of organizational structure (such as medical staff organization, methods of peer review, and methods of reimbursement) (Dona bedian, 1988, pg. 1745). Examples of structural component may include but is not limited to the physical working environment itself, staffing mix and ratios of patients to nurse, and the organizational culture itself (institutional policies). The structural component of the model emphasizes characteristics of nurses involved in each patients care, certain characteristics of the patient as well as the organizational structure of the hospital in which the patient care was received (Duffy Hoskins, 2002). The second variable of consideration in Donabedians model (1988) the process component, which he defines as giving and receiving care (pg. 1745) is the specific intervention or interventions that are applied, which includes patient and provider participation. Finally, the third component of Donabedians model (1988) for assessing the quality of care is the outcome component of the model which is defined as the effects of care on the health status of patients and populations ( pg. 1745) . Now that the significant variables have been defined, a discussion of their relationship and how they apply to the assessment of patient quality of care will follow. Donabedians model attempts to explain health care quality in terms of outcomes that are measurable by the interrelationship between the structure, process and other attributable variables such as the improvement in a patients health status and satisfaction (1988). Donabedians model plays a significant role in the assessment of quality of care from the patients perception and is a high priority in the pay for performance reform that has occurred within the past decade (Wachter, Foster, Dudley, 2008), specifically from the Centers for Medicare and Medicaid Services (CMS). There is a lot of evidence to support Donabedians theory relative to the interrelationship between the process components, such as the care provided, and the outcome of the patients health leading up to their discharge from the hospital (Duffy Hoskins, 2003). Research posits that the three-part approach to the assessment of a patients quality of care is legitimately rooted in the relationship among the variables set forth by Donabedian: structure, process, and outcome (Duffy Hoskins, 2002). Donabedian proposed that good structure increases the chances of good process, and good process increases the chances of good outcomes (Donabedian, 1988, pg. 1745). Additional researchers substantiate this further in their research (Duffy Hoskins, 2002 and Postema, 2005). The findings of these researchers substantiated Donabedians framework through a variety of methodological approaches, yet were able to find the overarching correlations between factors of structure to produce positive outcome measures among patients. Thus, it can be concluded that utilization of Donabedians approach to the assessment of quality of care among hospitalized patients can assist in producing higher quality outcome measures, such as the problem facing many institutions relative to the number of medication errors. Donabedians model of structure, process, and outcome will be used to facilitate my endeavors in decreasing medication errors on the Psych-Med Unit (PMU) at St. Marys Health Care System. A detailed discussion of the appropriate variables will follow to provide a more thorough understanding of how the application of this theory will assist in the decreasing the number of medication errors Structure component Nurse characteristics The combination of higher education and years of experience in nursing improves health care outcomes, which include decreased medication errors, lower fall rates, and reducing mortality rates (Tourangeau et. al., 2006; Blegen, Vaughn Goode, 2001). Literature has identified studies that confirm that these certain nurse characteristics (higher education and experience) are related to better patient outcomes (Aiken, Clarke, Sloane, Silber, 2003; Tourangeau, Cranley Jeffs, 2006). Tourangeau et. al.s research (2006) found that more years in nursing experience has a significant and beneficial effect on patient health specifically on 30-day mortality rates in hospitals. Aiken et. al. (2003) found a statistically significant effect which postulates that with an increase in baccalaureate nurses in staffing which is associated with an increased awareness of the culture of safety, there was a decrease in mortality of patients within 30 days of admission. Nursing units with experienced nurse s had lower medication error rates (Blegen, Vaughn Goode, 2001). Patient characteristics Patient characteristics include polypharmacy and multiple diagnoses, including both medical and psychiatric diagnoses. Comorbid diagnosis are associated with the need for the patient to take more medication to manage symptoms and in turn, increases the risk of drug interactions, potential side effects and thus, the need for more medications, errors in the administration of medication, as well as difficulties with compliance upon discharge from the hospital (World Health Organization, 2011). According to the Joint Commission on Accreditation of Healthcare Organizations (JACHO), polypharmacy can cause an increased risk for falls, hospitalizations and confusion and/or disorientation (2008, pg. 8). Dr. Joseph Parks, a director for comprehensive psychiatric services for the Missouri Department of Mental Health, commented that, polypharmacy issues within psychiatry occur because one provider does not know what the other provider is prescribing and is a significant factor that diminishes th e overall patients quality of care based on potential side effects and adverse interactions (JACHO, 2008, pg. 9). Literature has identified that with multiple physicians prescribing medications for one patient, there is increase in chance for medication errors and thereby, diminishing the patients overall quality of care. (Tamblyn, McLeod, Abrahamowicz Laprise, 1996). This issue is reliant upon patient report, as well as doctor inquiry and thus, the burden falls upon both parties in order to ensure high quality of care. Organization characteristics The organizational structure characteristics including staffing ratios, staffing mixes, hospitals policy on medication administration and the organizational culture itself can influence the outcomes of care (Duffy Hoskins, 2003). Throughout the years numerous studies have been conducted that show that a higher registered nurse mix was related to lower mortality because that demonstrates the professionalism and integrity of registered nurses (Tourangeau et. al, 2006, pg.5). Studies have shown that an increase in nursing staff providing care resulted in decreased mortality (Tourangeau et. al., 2006), which supports the necessity of higher ratio of registered nurses mix in staffing patterns. The Robert Wood Johnson Foundation (2008), whose mission is to improve health and healthcare for Americans, found that hospitals and health systems across the country have been working to achieve the culture of their organizations to develop supportive work environments that encourage nursing reten tion and improved quality of patient care. With a keen awareness of culture of safety often attributed to nursing professionals with higher educational degrees, there is an enhanced awareness that the safety of patients is the utmost priority and is highly valued on an organizational level. Because of the value placed on the culture of safety by health organizations and hospitals each year, staff and other health professionals need to continue to focus on improving their precision and skills utilized while caring for patients. In doing this, they become not only aware of potential medication errors, but also avenues to implement interventions to eliminate the tendency of potential risk all together (ISMP, 2006). Process component Bar code scanning As stated previously, process components is the giving and receiving of care (Donabedian, 1988). Relative to the ascribed problem outlined in this paper, the solution that has proven to improve medication administration and thus decrease medication errors is with barcode scanning systems for dosing and medication administration (ISMP, 2002). The ISMP (2002) asserts their confidence in the barcode scanning system by encouraging the use of the technology in any setting which medications are administered. The Institute of Medicine released a report in 2001 that suggested ways to use information technology to come through with a safer, more efficient way to prevent medication errors and improve healthcare quality with the automation of patient-specific clinical information (pg. 5). Medication administration errors are responsible for one-third of the errors (ISMP, 2002). According to the ISMP a bar coding and scanning system is a promising attempt at the reduction of errors in the stage of medication administration based on the accountability and accuracy of this technology (2002). At a patients bedside, bar code scanning identifies the patient, lists the medications ordered, checks for allergies or alerts for medication interactions, and electronically signs the patient record for the nurse (ISMP, 2002). Donabedians Assessment of Patient Quality Care: St. Marys Health Care System St. Marys in Grand Rapids already has this bar code scanning system. The issue on the PMU is the work arounds nursing professionals have implemented to make their medication administration easier. These work arounds are ways nurses can still administer medications without scanning the medication and/or patients identification band; despite the benefits it provides to the staff, it raises a variety of risks for the patient and puts them at greater danger for adverse medication reactions, multiple dosing, incorrect dosing, and so forth. There are other issues reported by nurses that make the work arounds essential, such as the all-too-common issues faced with the use of technology, that being technological malfunctions, limited availability despite the demand for the equipment, and sometimes merely, the time it consumes to find the equipment making the use of such technology more time consuming. As a registered nurse for over nearly 30 years, I can see that the bar code system has proven advantageous and significant in the quality of patient care based on the mere assumption that under hospital care, the utmost elite care is to be provided including medication administration. The bar code scanning procedure implementation enables nurses to look at the (medication/dosage) order, when it was last administered , the dosing, as well as if there are any potential medication interactions to be on the alert for, medication allergies, and whether there are any safety or physical maladies due to missed doses or inaccurate administration (ISMP, 2002). Finally, the technological advances provided for nursing professionals are implemented in order to better account for patient care and safety. The bar code and scanning system is computer-oriented and therefore, supplies a database and record for future use in the event there is any debate about the procedure utilized while hospitalized or even during hospitalization at an alternate hospital. Outcome component Literature has identified that there is an alliance between professional nursing care and positive health outcomes (Duffy Hoskins, 2003). Identifying ways to improve the process of medication administration can improve medication errors. Bar code scanning technology offers a productive way to avoid medications errors and increase patient safety (Begliomini, 2012). Measuring medication errors can be accomplished using many different processes; but with computer analysis of the patients information, measurement becomes much easier and more capable and feasible than error reporting or reviewing charts for purposes of accountability, prevention, and ongoing improvement of both process and clinical practice (Classen Metzger, 2003, pg. 41). In summary, the literature reinforces the idea that a decrease in patient medication errors is best accomplished by use of the bar code scanning for medication administration and therefore a responsibility for the nurse.

tragoed Elements of Tragedy in Oedipus the King (Oedipus Rex) :: Oedipus the King Oedipus Rex

Elements of Tragedy in Oedipus Rex It is not the tragic subject matter of the text that is of primary interest - but rather the manner in which the plot is developed. The story line progresses as if the reader is "unpeeling an onion." The tale of King Oedipus is well known. An enraged Oedipus unknowingly slays his father (Laiusq, King of Thebes) and supplants him as monarch and as husband to his own mother (Queen Jocasta). As each successive "layer of the onion" is unpeeled, Oedipus is brought a step closer to realizing the true nature of his actions. Foretold in prophecy and initiated by his anger, the downfall of Oedipus comes to fruition as all facts gradually come to light. This "enlightening" starts with the revelations of a blind prophet named Tiresias. Though sightless, Tiresias can "see" the truth. He argues with Oedipus "...you have your sight, and do not see... . Yea, you are ignorant... ."(Sophocles, 15). Understandably, Oedipus is enraged at the prophet's accusations and fatally insists on investigating the murder of King Laius. In Aristotle's Poetics, it is stated that a tragedy must be complete - having a beginning, middle and end. Of equal importance "...the sequence of events, according to the law of probability or necessity, will admit of a change from bad fortune to good or from good fortune to bad."(Aristotle, 15). The impetus for the downfall of Oedipus, "Known far and wide by name" (Sophocles, 1), is his anger. Enraged he slew King Laius and in anger he hastily pursued his own ruination. From the aforementioned recriminations of Tiresias to the conflict with his brother-in-law Creon (his ill temper again displayed - "Tempers such as yours most grievous to their own selves to bear,... .(Sophocles, 25); through the revealing exchanges with his wife/mother Jocasta and her slave (whose pity saved the infant Oedipus), damming insight grows in a logical sequence, all the while fueled by the Oedipal rage. Realizing the heinous nature of his actions, Oedipus blinds himself in a fit of anger and remorse - now, as Tiresias, he can see. In an age where popular entertainment is apparently guided by the maxim "more is better" (see the body count in any popular "action thriller") and "special effects" dominate,

Americas Involvement in the Soviet Afghan War Essay -- Iran War Ameri

America's Involvement in the Soviet Afghan War The worst case scenario for the United States in the late 70s and early 80s was the threat of the Soviet invasion of Iran and subsequent control of the Saudi Oil fields. The best that could be done to counter a possible Soviet invasion would have been the deployment of parts of the 82nd Airborne Division to the Zagros Mountains of Iran, which would take at least a week with reinforcements arriving much later. This was not acceptable to the Carter Administration, which decided on another course of action - to actively support the anti-Soviet Mujahideen â€Å"freedom - fighters† in Afghanistan and help protect the Middle Eastern oil fields. This American involvement in the Soviet Afghan war has led to the emergence of Al-Qaeda and the September 11th attacks. On December 24th 1979, the Soviet Union invaded Afghanistan. On that day began a war which wreaked incredible havoc and destruction on Afghanistan for 10 long years. The Soviets stormed in with thousands of troops at the request of the troubled Afghan Communist regime. The Russians believed this be a neat surgical military operation. They were wrong.(Boggs) The only resistance to the Soviet invasion were men known as the "mujahideen" known to many as freedom fighters. They are multinational; some even from America, doing everything in their power to repeal the Soviet horde. The Soviet invasion frightened neighboring countries such as Saudi Arabia and Pakistan, so they unofficially allied with the United States. The U.S. provided the weaponry, training, etc., Saudi Arabia recruited the fighters (mujahideen) which were sometimes based in Pakistan. They all agreed on the need for armed resistance against the Soviets. The U.S. decided to tap the religious vein of the rebels, creating a z ealous religiously driven guerrilla organization; well armed and trained by CIA officers with the goal of returning Afghanistan to Islamic purity.   Ã‚  Ã‚  Ã‚  Ã‚  The Mujahideen tactics were mostly composed of ambushes for Soviet convoys. They also implemented hit and run tactics against the Soviets.(Jalali, 20) The main battles were fought for convoys. Soviet forces were dependent on convoys for various reasons. Afghanistan had undeveloped industry making no possibility to manufacture spare parts in Afghanistan. Railways were nonexistent, so everything not airlifted was brought in through ... ...Lester Grau. Afghan Guerrilla Warfare. Fort Leavenworth: Foreign Military Studies   Ã‚  Ã‚  Ã‚  Ã‚  Office, 2001.   Ã‚  Ã‚  Ã‚  Ã‚   Nyrop, Richard, and Donald Seekins. Afghanistan, a country study. Secretary of the Army, 1986. Raman, B. MUCH ADO ABOUT A MISSILE . South Asia Analysis Group. April 10 2005 . Ross, Kelley. Islam. April 26, 2005 . Silverstein , Ken . Stingers, Stingers, Who's Got the Stingers? . Global Security. April 10 2005 . Steinman, Joshua. "America must engage Osama Bin Laden."   Ã‚  Ã‚  Ã‚  Ã‚  Chicago Maroon 06 Jan 2005. 03/04/05   Ã‚  Ã‚  Ã‚  Ã‚  http://maroon.uchicago.edu/viewpoints/articles/2005/01  Ã‚  Ã‚  Ã‚  Ã‚  /06/america_must_engage_.php . T-64 Tank. FAS. Ap 27 2005 .   Ã‚  Ã‚  Ã‚  Ã‚   Tamarov, Vladislav. Afghanistan: Soviet Vietnam. San Fransisco: Mercury House, 1992. Terrorism: Questions and Answers. Council on Foreign Relations. April 07, 2005   Ã‚  Ã‚  Ã‚  Ã‚  . The Beast. Videocassette. Columbia Pictures, 1988. Tuninga, John The Umayyad Caliphate. Bartleby. Ap 23 2005 .   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Wolpert, Stanley. Roots of Confrontation in South Asia. New   Ã‚  Ã‚  Ã‚  Ã‚  York: Oxford University Press, 1982. Wuthnow, Robert . Islam. Encyclopedia of Politics and Religion. Ap 23, 2005 .

Cox container case Essay

Problem Identification: There are quite a good number of problems in the case of CCC, among of which one can define, are the following: 1- Job security for the ethnic minorities who run the workshop for years, while being empowered in the age of Harold Cox, they felt threatened by the introduction of the new management system, that was reflected by the defensive attitude of Aziz and his lack of cooperation which also can be the reaction of being marginalized by Wilson while conducting the company review. 2- Lack of managerial training, which was reflected on how Aziz perceives his job as a shop floor manager whose first and utmost concern, is to deliver production no matter what the outside environment is. 3- Market introduction of new competitors, which dictates the need of full review of the operations, budgeting, supply chain and labor competency. Hence introducing more bureaucracy to the current system and might limit the power of Aziz and his team. 4- The centralization and individuality of Harold Cox in running the company helped the creation of a divisionalized structure and culture as well as developing a high degree of autonomy in the production department and a shallow hierarchy especially in the financial and management accounting area. Analysis: The main reason why Cox asked Wilson to conduct a company review is to get the company moving forward, such an act could have been shared with department managers, despite Wilson’s conclusions, strategies must be compromises that allow the company to move forward (Johnson, 1992). Johnson also argued that Strategic drift takes many years to affect performance, which validates the happening of the falling results of CCC, such a performance made Cox ask Wilson to conduct the review. The resistance to change that Aziz showed can be explained via the framework of Herzberg (1987) at which he argued that job security, as part of the hygiene factors can be a source of job satisfaction and motivation. Despite belittling the effect of hygiene factors on the subject, he did not address such an issue â€Å"job security† on a minority member. Such a factor can be more important than others whether intrinsic or extrinsic since minority members would possess the feeling of fear of losing their jobs and being expelled by the society and not finding another job. Adding the job status of Aziz would add further complexities to the situation as well. The introduction of budgeting and operation optimization without consulting the shop floor manager while he represents the core business of the company could have affected his motivation. These new systems would influence the type of the work that can be done in the shop floor greatly and would change Aziz from a decision maker in his part with all the autonomy and credibility he has to just a regular employee that manages what the new system dictates. Such change would affect Aziz’s motivation to contribute to the new system as discussed by Leavitt (2007). Leavitt argues that the increased bureaucracy and the rigid system turns employees into machines performing the work without thinking, and that would be against the human nature that tends to think and innovate. He also argues that the introduction of IT systems and technologies would be harmful to humans in the work place especially if companies abuse them. He however managed to argue the point from the employee point of view without mentioning the companies perspective at which standardization and new technologies raises the efficiency and performance of the companies and can allocate resources to new departments or new functions. If Aziz were opting the same perspective as   without having the picture cleared that this new system (budgeting and operations review) would benefit him as well as the company, he would tend to resist that change. In the framework of Herzberg (1987), job participation is one of the important myths to job or task enrichment. He emphasizes that giving the employees the big picture and giving them a feeling that they will determine in some measure what they will do in the job; would not be beneficial to the job. Wilson, Straw, Long and Pedder managed to do exactly this part. It would be against Aziz’s benefit if he would resist correcting the situation of the company. He would seem wrong and would hurt himself and his career in CCC if he was explained the current situation and the competitive market condition and how is that affecting CCC and what are the measures needed in the next few weeks / years to correct the competitiveness of CCC. Aziz should have been offered the chance to contribute to the budgeting and even could have been appointed a task in suggesting the best production and budgeting scheme that would save the company time and money. Bassett-Jones & Lloyed (2005) negated the approach of Herzberg and emphasized on the importance of employee’s contribution to the job in order to grant satisfaction. By seeing their ideas being implemented without delays and with the approval of the manager that this idea will contribute to the best of the company, the employee will have a sense of ownership and commitment towards making the idea work. Ford, Ford, & D’Amelio (2008) stated that the resistance to change can be the cause of the management’s actions themselves as they fail to develop trust. They failed to argue that in some cases, the employee(s) have their own agenda and they (employees) are the ones to trigger the resistance. The centralization of the decision making in CCC allowed the formation of a divisional company organization where Aziz’s team form the major part of it. Having this high autonomy formed a specific organization culture perhaps that Aziz is indispensible and hence he is in control. Such a culture would cause Aziz to be reluctant to accept changes specially after CCC lost some of its competitiveness in the market for few years and yet no complain from  Cox and/or the management. Meyers & Martin (1987) suggest that as the organization structure form the organization’s culture and beliefs, so does the leaders of the company. It can be noticed that Cox influenced the idea that the minorities in his company are indispensible, since they support him politically and socially because of their existence in CCC. It can also be noticed that Cox did the interactions with Aziz and the production team on a personal level and hence when changes were mandatory, Aziz opposed it because it did not come from Cox himself and such resistance will not be punished by Cox. It also can be noticed the degree of autonomy in the company when the budgeting scheme is needed, each manager submitted an estimate of expenditure not the actual amount spent the year before or the required budget needed based on the previous year expenditure and the business forecast for next year. The shallow pyramid of hierarchy especially in the management accounting and financial can explain such autonomy. The creation of the subgroup and hence the subculture allowed the lobbying in the production department to happen and to resist any change as long as it is not in their direct favor. Such collectiveness behavior was developed by the centralization of decision making by Cox and the high degree of autonomy he allowed for such a group. In his study, Polzer (2004) has concluded that subgroups and subcultures in organizations tend to have harmful effect on collective welfare that extends beyond the boundaries of this individualistic subgroup. In CCC case, if the production department’s employees feel threatened; they can trigger actions to stop that threat, such as calling for a strike or threating to collectively resign and hence hurt the company by stopping the production. They are well aware that hiring such a large number of employees in a short time will be deemed impossible especially with all the experience they have. Even if the job has high degree of analyzability and does not require specialists to perform it. Moreover, collective resignation would hurt the image of the company and would cause business to be lost to competition even if it is on a temporarily basis. Perhaps what triggered that defensive mechanism with this subgroup is the introduction of the outsiders even if they were completely in a different  department. As proposed by Johnson (1992), introducing outsiders can help in managing the change since the outsider shall have a fresh view of the organization or the department that is undergoing the change. However, he did not mention how that would affect the change recipients themselves and how far would they accept the outsider. He also did not identify if the outsider came from inside the organization (i.e. internal transfer) or from outside the organization and what difference would that make. Alternatives: So, what would CCC management do to resolve the current situation? 1. Do Nothing. The benefits of calming down the current situation and the production department are to ensure the company is kept in operation. Although margins are dropping, the company is sill profitable. However, the disadvantages of this situation are more than its advantages. The operation department will tend to increase its power and influence on the company since now they felt powerful and indispensible, also, they might try to find another alternative or group together and establish another competing company and resign collectively which would put the company out of business. 2. Use a sacrifition sheep: Firing Aziz and the seniors in the production department and replacing them with other seniors from inside the department can be a solution to send a clear message to the rest of the crew that the change is happening regardless of the opposition. This can benefit CCC by establishing a clear strategy that the company is moving forward with the change and personnel have to choose. However, if it backfires, the company can lose too much and we can revert back to the scenario in solution No.1. 3. Driving changes smoothly and in the welfare of the production department: There is no doubt that political consideration has a major play in such situations and it can resolve lots of issues. By calling Aziz and the seniors in the department and explaining the change to them and how would introducing new budgeting system and/or new operation schemes would benefit the company as a whole and the department specifically; they would tend to comply with that change. Asking for their assistance would be a better solution than resisting the resistance. The situation can be transformed to the benefit of CCC if the production department personnel understand the current challenge and start to challenge the status quo themselves, knowing that what will be done will be reflected on their welfare. By adopting the DICE methodology explained by Sirkin & Jackson (2005) to drive the changes as follow: I. Set the Duration of the transformation process with clear and concise milestones. Milestones keep goals tracked and in prospective, encouraging everyone to participate by some sort of recognition would help the process. II. Identify the required personnel and allocate tasks according to their capabilities and traits. That would keep the project Integrity intact and minimizes the risk of duration slippage and/or wrong interpretation of tasks and their requirements. III. Management participation and Commitment to the project as well as employees affected by the change. Management as well should demonstrate how these changes are going to change the welfare of employees and how committed they are to doing so. IV. It should be clarified that each and everyone concerned with this change process should be expected to exert an extra Effort until the transformation is completed. The manage ment should lead by example in this regard and make it clear that any extra effort exerted in this period shall be rewarded on both the long and short term. Recommendations: It is recommended to follow resolution No.3 above, since CCC is considered an SME not a corporate and since they are bound to the acceptance of the strongest department to change. Moreover, this resolution addressed the concerns discussed in the study above which mainly are the job security, motivation, job enrichment of the employees while helping in changing the company culture on the long run by getting the employees to exert extra effort and see their ideas come to live, that would develop a sense of belonging to the company which will benefit the company on the long run. Also, that approach would strengthen the concept that the company is willing to accommodate their employees and work out the changes with them for the best interest of both parties. Plan of actions: Harold Cox, Erica Wilson along with all the company seniors should demonstrate participation and ownership of the change process. It was not a  good idea to leave the interaction being led by the new appointee(s) considering the company culture. The involvement of the top management whose faces are familiar with the production team would ease the effect of the change and indicate that the change are being driven from within not that the outsiders are taking over the company. Depending on the change required; the process duration should be set. Would the management desire only a cost control and lean operations concepts to be implemented or they would require production enhancements by increasing the throughput of the company? Would they procure new technology, which would require training, installation and production scheme change? Would they introduce differentiation either horizontally or vertically to the current products? The easiest change to start with is to introduce cost control and operation optimization associated with achieving the minimum efficient scale of the factory and then drives another change. Driving a major change at once would again be resisted. Mainly the production department would be affected, other departments too, such as financial and management accounting. The latters would be expected to drive the major portion of cost control through supply chain optimization. Introducing operations management department would also help enhancing the operations of the whole company and helping the company to slim the inefficient operations in all departments. It would be expected that some side effects such as additional expenses would follow as sort of rewards to the contributors in the change process to encourage the participation. Also, production lag would occur until the change process is finalized, that could be due to shop floor adjustments or personnel getting accustomed to the new change in the production process, hence, it would be a good idea if the company could produce some reserve capacity to cover this aspect. Bibliography Bassett-Jones, N., & Lloyed, G. C. (2005). Does Herzberg’s motivation theory have staying power? Journal of management development , 24 (10). Ford, J. D., Ford, L. W., & D’Amelio, A. (2008). Resistance t change: The rest of the story. The academey of management review , 33 (2), 362-377. Herzberg, F. (1987, September). One more time: How do you motivate employees? Harvard Business Review . Johnson, G. (1992). Managing strategic change – strategy, culture and action. Long Range Planning , 25 (1), 28-36. Leavitt, H. J. (2007). Big organizations are unhealthy environment for human beings. Academy of management learning & education , 6 (2), 253-263. Meyers, D., & Martin, J. (1987). CULTURAL CHANGE: AN INTEGRATION OF THREE DIFFERENT VIEWS. journal of Management Studies , 24 (6), 623-647. Polzer, J. T. (2004). How Subgroup Interests and Reputations Moderate the Effect of Organizational Identification on Cooperation . Journal of Management , 30, 71-96. Sirkin, H. L., & Jackson, A. (2005, October). The hard side of change management. Harvard Business Review , 33-47.