A Discussion of Obamacare Essay

Over the course of my paper I shall discuss the piece of legislation known as the Patient Protection and Affordable Care Act, more informally known as Obamacare. The issue currently debated with this piece of legislature focuses on it’s constitutionality, it’s purpose as a tax hike, and whether or not it should be passed. Is the Patient Protection and Affordable Care Act unconstitutional? From what I have studied in the article â€Å"Is Obamacare unconstitutional? †, at debatetopics. net, and from what I know of the act, I would say that it is certainly unconstitutional. Does the act serve as a tax hike? According to â€Å"Voters consider ObamaCare a tax hike, poll shows† at foxnews. com, it does. Should the Patient Protection and Affordable Care act be passed? From everything I have learned of the act and from what knowledge I have gained from â€Å"Patterson: State leaders should refuse to allow Obamacare to localize† at masnbc. com, I personally would not allow the act to pass. The act is unconstitutional as it was passed under a false premise. It was upheld as constitutional by justifying the individual mandate as a tax. However, it would never have been passed if it had been upfront in regards to creating a new personal tax. The means used to justify the act as constitutional are inconsistent with the original wording of the bill and therefore unconstitutional. The act is also passed under a false premise as it creates a new tax and is therefore a tax bill. Those living in the country illegally are exempt from buying health insurance and get it for free. Those individuals who are currently considered â€Å"entitled† and receive government aid are also exempt. These illegal immigrants and entitled persons will receive free healthcare and the rest of the country will have to pay for it. The act is also unconstitutional in regards to the individual mandate itself. It is not up to the government to make it’s citizens purchase health insurance, nor should they pay for the health insurance of others. It is up to no other person to give a given individual anything. There should never a case in which one group of people is forced to care for others because those others refuse to do anything with themselves and their lives. The act is clearly unconstitutional as it forces the average United States citizen to purchase a service from a private firm or be penalized for not doing so. The fine attached to not purchasing health insurance is also only considered constitutional under Congress’ power to tax. A main way of denying Obamacare is to refuse to establish state-level health exchanges. Exchanges are basically government sanctioned cartels where only a few government approved insurers can sell government approved health insurance, including all subsidies, exemptions and mandates that they apply. When agreeing to establish an exchange, a given state agrees to operate a massive government program which would be run according to federal rules and mandates. The federal government would control the doctors and providers allowed, the health insurance plans and benefits, the subsidies and exemptions. The state would do the work of the federal government and bear the cost of the program and would also act as an IRS enforcer as it would be required to give the names and taxpayer identification numbers of people who have changed employers and lost coverage as well as those who have terminated their coverage or simply choose not to purchase insurance. On top of all of this, the state would be responsible for enforcing the individual mandate. Overall, the Patient Protection and affordable care act is unconstitutional, serves a tax hike and should not be passed under any circumstance. Bibliography: â€Å"Is Obamacare Unconstitutional? †,2012, â€Å"Voters consider ObamaCare a tax hike, poll shows†,2012, â€Å" Patterson: State leaders should refuse to allow Obamacare to localize†,2012,

Explain how and why compromises preserved the union until the southern states decided to leave the union in 1861?

Civil war within the United States was inevitable; the question was when it was going to happen. The issue of slavery was big enough to separate the country culturally and politically, civil war was bound to happen, in fact, it’s amazing it was avoided for so long. The single most important reason war was averted for so long was the many compromises made in the years prior that attempted to keep the southerns and northerns content in the house and senate.However, with a country in the midst of major territory expansion, population increase, and technological advancements, the days of a united nation were numbered. Conflicts over slavery will intensify with expansion, abolitionism, sectionalism, and issues over states rights. To settle these conflicts, compromises such as the 3/5 compromise, Missouri compromise, compromise of 1850 and the fugitive slave act, and the Kansas-Nebraska act were made. Daniel Webster speaks on behalf of a united nation that succession will destroy ou r country (doc B).When the compromise of 1850 is issued to settle the dispute over California being admitted as a free of slave state, The Fugitive Slave Act accompanies it to make sure that the southerns get something out of it too and don’t feel cheated (doc O). This act states â€Å"That when a person held to service or labor†¦ shall escape into another state†¦ may pursue and reclaim such fugitive person†¦Ã¢â‚¬  (doc C) This allowed peace to be held between the northern and southerns. Abolitionists were extremists who believed slavery should be abolished.Among those, the very famous and feared John Brown is probably most recognizable. He went on a killing streak, handing out weapons to slaves and hated by the southerns and most northerns as well (doc P). He believed that war was the only answer to keeping a united nation as evident in his last words, â€Å" I John Brown am now quite certain that the crimes of this guilty land: will never be purged away; b ut by blood. † (doc F). An attempt by a northern named David Wilmot to keep slavery out of the newly acquired territories from Mexico was presented to the House and Senate in the Wilmot Proviso.It states â€Å" Acquisition of any territory from the republic of Mexico by the United States†¦ neither slavery nor involuntary servitude shall ever in any part of said territory†¦Ã¢â‚¬  (doc M). However it never passes the Senate, which was heavily dominated by southerns. Many states pass laws that prevent any persons from speaking out or publishing anything against slavery or the abolition of slavery or any thing that would spark rebellion in slaves. The federal government over looked this even though it was in contrast to the constitution because it was thought to help keep the southerns from succession (doc L).In 1860, shortly before the war started, the Republicans dominated the House and Senate (doc Q). This obviously was a key reason for the democrats to escape the u nion and start the confederate states. Plus, the southerns believed is states’ rights and that they should be able to do with their states what they wanted, a evident in Franklin Pierce’s speech when he says, â€Å" I believe that the constituted authorities of this Repubic are bound to regard the rights of the South in this respect as they would view any other legal and constitutional right.† (doc H).In 1861, of course, is the beginning of the civil war. With too much tension and hatred between the northerns and southerns, it was time for it to happen. The compromises could only hold for so long, the population differences between the north and south were too big to never interfere with the sides.

Evaluating Environmental Regulation Essay Example | Topics and Well Written Essays - 500 words

Evaluating Environmental Regulation - Essay Example Research reports that, the vast percentage of ecological damage is done before a product reaches the consumer, not afterwards: For every ton of post-consumer waste there are 20 tons of hidden pre-consumer waste, as the manufacturing process makes its way from forest, field and mine to supermarket shelf. An estimated 94% of the materials extracted for use in manufacturing durable products become waste before the product is even manufactured. Only 6 per cent of minerals and renewable materials extracted each year are embodied in durable goods. Humans have always created waste. In medieval Europe, for example garbage was damped on the streets where the crows and dogs took advantage of it. When the streets got too smelly, they were collected in carts and dumped it outside the city walls. Consequently, there is certainly a lot to dispose of waste. Americans produce 800kg of post-consumer waste per person per year. Europeans produce 400 kg. Between 1980 and 1985 every OECD country (except Germany and Japan) increased its flow of municipal solid waste - Ireland by as much as 72%. Between 1940 and 1976, the USA consumed more minerals than the whole of humanity did prior to 1940.

Journal Research Paper Example | Topics and Well Written Essays - 1250 words

Journal - Research Paper Example I know what it is when I encounter it through common sense, interpretation and history. Furthermore, I know what it is when I encounter it if I presume that the source of information can be reliable or trusted. This is because I do not judge to know the truth otherwise, and also I do not want to entrust neither to the reality nor to the invalidity of that which I come across. In particular, since the environment can only be viewed through our brain, the things we come across can only be known or interpreted subjectively. Plato’s Myth of the Cave I hold the view that if we as human beings did not have reason then we would not be proficient to live better.   As Plato noted, inside man dwells two very powerful aspects, that is an appetitive aspect and the spirit aspect (Reale 231).   For that reason, the world of ideas was always there, that is why the only approach we can truly make sense of it all involves uncovering by our self. Knowledge cannot be affected any more than i ndividuals can and it is only reason which can help a person to decide. Without reason we take steps in a manner which pay no attention to rational sense. Therefore, the initial step is to recognize that knowledge goes beyond what is simply present in experience, and then recognize that there exist notions which can only be acquired through hard thinking. An example in my life is the Goldfish in my tank, since the Goldfish cannot reason, I usually feed it what it ought to eat and if I give it more food than what it is required, it will continue feeding until it eats a lot than it can withstand and finally die.  Thus, the goldfish does not possess the capability to think, or to reason, and this supports Plato view that the ability for enlightenment rests within the soul and knowledge or education are not issues of native capacity but they are of moving from the cave or generating things to focusing on eternally ideal nature or real things or knowledge . Reason Human nature is defin ed by reason since human beings are not merely in steady interaction with the environment, but also under constant interaction with their inner reality. Therefore, reason entails individual’s reactions to life stresses arising from diverse nature (Velasquez 53). Reason possess higher stature in determining human nature, since it is something that people share with nature itself, even as it connects the apparently immortal aspect humans mind with the universal order. Reason is the natural sovereign which presides over other human parts like spiritedness or emotions. As Aristotle put it, the highest level of human happiness lived consistently, exceptionally and wholly is in agreement with reason. The source of reason is the environment since the human environment offers certain callous demands or incentives, and when their concentration and occurrence are inside the confines of human tolerance, then they can stimulate a person motivation and improve the capacity to make sense o f things (Reale 30). This is because reason is the capability to

Apple Essay Example | Topics and Well Written Essays - 1500 words - 9

Apple - Essay Example Apple still occupies a dominating position in the US markets. Even in Chinese markets, Apple has increased its share from 18.6 percent in September to 23.2 percent in January, 2013 (Patterson, 2014). From the beginning of 2011 to 2012, Apple’s overall market share rose from 18.8 percent to 25.1 (Finger, 2013; Marketing Minds, 2014). Through an in-depth analysis of the factors underlying its brand image, advertising and customer out-reach strategies; this paper wishes to analyze the success of Apple’s branding strategy and the ingenious business strategies that have been giving a long –term support to its customers, in terms of satisfaction, choice and specifications. Apple chooses to operate in some of the highly competitive markets, including the computer industry other than the consumer electronics industry and smart phone market and even the tablet market. The early years following its advent were extremely challenging, especially in comparison to the time when it started out with desktops in 1970s, followed by laptops in 1990s. The iPod was launched in the year 2001, followed by iPad in 2010 and now even resourceful with the latest introductions of Apple Pay and Apple Watch (Finger, 2013; Sanchez, 2014; Apple Inc., 2014). Presently, Apple Inc is one of the 10 top most of the 100 precious globally acclaimed brands with a net worth of $145 per share in cash, accounting for over 30 percent of the total market cap zero long-term debt in the year 2013 (Finger, 2013). It has been said about Apple’s brand image that its branding strategy focuses on emotions. That is to say, lifestyle, imagination, passions, hopes, dreams and aspirations all count. Above all, an interactive and simple yet elegant use of style is its forte. The sectors of brand equity and customer sense of community are extremely well-defined in literature. The concept of

What are local solutions towards achieving the eradication of poverty Research Proposal

What are local solutions towards achieving the eradication of poverty and hunger in Sierra Leone - Research Proposal Example The research will use secondary data like National human development report for Sierra Leone 1996and other published reports about poverty eradication. It will also employ primary data such as case studies, focused group discussion with government leaders, public and private sector companies, and the wider civil society representatives at different levels. Interview of key informants such as local people affected by poverty, policy developers, government advisory board and decision makers and well as local economists in the nation will give crucial information. Poverty is rampant and deep in Sierra Leone; approximately twenty-six percent of the Sierra Leone people are poor and unable to afford daily basic diet and about seventy percent live in deep poverty. A widespread difference in geographical distribution of poverty exists, even though, over 65% of the people reside in rural regions and  ¾ of them are poor. In poverty-stricken regions (where armed conflict ruined tree crops or people depend on unproductive local farming and artisan mining), over eight in every ten people are extremely poor. The profile of the nation demonstrates poverty indicators such as inadequate food, poor housing and health centers, increased illiteracy, inadequate clean water access and inadequate access to financial facilities and money, (Okai, 2003). Maternal and infant mortality and rates of fertility are high in these regions, and prevalence of contraceptives and female education is low. Household poverty is widespread on local farmers, families led by illi terate people and large families. With increased poverty and hunger levels in Sierra Leone, experts believe that local strategies stand a chance in poverty eradication. Eradication of poverty is the linchpin in millennium goals achievement in Sierra Leone, therefore; local strategies and efforts will play a crucial role in poverty eradication, (Elliott, Webber & Sierra Leone, 1993). For

How the Canadian Banking System Survives the Subprime Meltdown Essay

How the Canadian Banking System Survives the Subprime Meltdown - Essay Example High interest rates in mortgage had increased the lending operations of the commercial banks. The quality of credit started to fall drastically. This had resulted in the collapse of many financial institutions. However, the Canadian banking system had managed to survive these critical conditions. Thus, it is highly rational to realize the underlying cases for this success. The following essay would consider the background, methodology and analysis regarding the topic of discussion (Brender & Pisani, 2010). The goals of the essay are as follows: To understand the nature of Canadian Banking System. To interpret empirical data explaining the various types of banking economic indicators. To analyze the models or the policies those were used by the banking institutions of Canada to protect their economy from the impending danger. To conclude on the overall performance of the Canadian banks in the context of the matter of discussion. Background It was found that during the subprime meltdow n, the nation of Canada did not encounter an absolute collapse of its financial institutions. The five commercial banks in Canada had experienced profit during the financial crisis in the money markets of other economies. ... There are three characteristics of the monetary authorities in Canada: The different monetary policies which are undertaken by the commercial banks in Canada are introduced by the Bank of Canada. This banking organization is owned by the government of the country and is highly interlinked with the Federal government. However, it should be observed that the federal government is not allowed to interfere in the monetary affairs of the country. The rates of interests charged on different assets in Canada are the same for similar assets in the other regions of the country. The Bank of Canada is the primary organization that engages in the function of issuing money to the economy. There is only a single policy instrument that is adopted by the Bank of Canada. The Bank of Canada often charges the overnight interest rates for the country. By changing the level of overnight interest rates, the bank introduces various changes in the different interest rates in the market. Reasons for the Succ ess Many analysts and economists believe that the strong regulations which are implemented by the commercial banks of Canada were responsible for their successful performance even at the critical situations. Moreover, the commercial banks in Canada were highly united with each other, which in turn had helped them to coordinate and take business decisions jointly. In Canada, if the commercial banks had offered credit to the individuals on 80% of the value of a house loan, then they ensured that the debtor had insurance for the mortgage. The banks only issued loans to those individuals, with a worth of 80% (mortgage value), who could offer the mortgage insurance against the loan. Moreover, the commercial banks also

Trustworthiness of Qualitative Writing and Research Methodology Essay - 12

Trustworthiness of Qualitative Writing and Research Methodology - Essay Example Richardson and Adams explore the topic of qualitative research by attempting to analyze key aspects of qualitative writing. Richardson notes that in the world of qualitative writing two sets namely, literary and scientific exist. She notes that even though there seems to be a blur between the two genres, the distinction between them lies in the nature of the claim made by the author in the article. However, Richardson observes that post-modern ideas have helped resolve this issue, as it has made it easier to tell between based on such concepts as post-structuralism, a concept, she notes, that allows us to link the language used, social organization, subjectivity, and power. She observes that this interconnection directs qualitative writers towards understanding themselves reflexively, and equally frees them from consolidating all information that targets a myriad of an audience in one piece, instead of developing different pieces for the different audience. Postmodernism also claims that regardless of the extent to which a writer tries to suppress his/her presence in a qualitative article, the writer is always present and that the partial and situational nature of writing is a testimony to this fact. This, therefore, implies that a qualitative paper must meet the following key criteria: the paper must contribute to a substantive understanding of social life and the analytical approaches used in the paper must give room for interpretive responses. In addition, there has to be adequate self-awareness and self-exposure that enables the reader to make a conclusive judgment about the opinion presented by the writer, and finally, the paper ought to have an impact that for instance, can motivate the need for further research on the same.

Southwest vs. Jetblue Airlines Essay Example | Topics and Well Written Essays - 1000 words

Southwest vs. Jetblue Airlines - Essay Example Southwest Airlines was first incorporated as Air Southwest Company on 15, March 1967. Its mission is to provide air transport to passengers within Texas State. However, Southwest Airline is currently operating in six states. It is serving over seventy cities, which enables the airline to make about three thousand three hundred flights daily. The porter’s five forces of the Airline industry with reference to Southwest Airline The first factor is the new entrant’s factor. Air industry is critical to economic growth and development. It is critical in any economy. Therefore, it is an industry perceived by many as highly lucrative. However, huge amount of capital is required to start air transport business and industry is riddled with high level risks. The industry also experiences complicated licensing, certification and regulations procedures, which makes it hard to penetrate. Furthermore, increasing cost of fuel makes it difficult for many people to venture it. The second factor is threats of substitutes. The substitutes to air transport are road, rail and water. Southwest Airline faces competition from road because most (80%) of its customers are domestic customers. If road transport improves, the airline may lose bulk of its domestic customers. Southwest Airline has been lobbying against the introduction of high speed rail transport services in the State of Texas. This is to prevent competition from substitutive high speed train services. Third factor to consider is the bargaining power of customers. Customers do not have a strong bargaining power in the air industry. As a result, they do not have a collective bargaining power to influence air prices. The fourth factor is the bargaining power of suppliers. Suppliers of aircrafts and spares are influential to prices making it difficult for operators to bargain. This is due to the standards on aircrafts and its spares that FAA imposes on operators. The operators must purchase genuine parts that are mostly expensive. The suppliers of fuel are few; therefore, they largely influence the prices of fuel. Airline operators do not have powers over the fuel suppliers and are left to develop ways of improving fuel efficiency. For example, Southwest Airlines introduced use of high pressure water to clean the engine, an exercise that improves fuel efficiency by 1.9 percent. The company has also managed to contain its employees through strong team coordination, open communication and promotion of work-life balance. Furthermore, the employees are also supported by top management. This has made employees proud of the company. Fifth factor to consider is the level of rivalry within the industry. This is among the real threats that can bring the industry down. Southwest Airline faces direct competition from JetBlue and AirTran Holdings, which are also low cost carriers. To minimize competition and increase its revenue base, the company acquired Muse Air in 1985, Morris Air in 1993, ATA Airlin es in 2008 and Air Tran Airways in 2011. Acquisitions enabled Southwest Airline to absorb key routes in the Pacific Norwest and acquire operating certificate as well as landing slots in LaGuardia Airport. However, the company failed to acquire Frontier Airlines thus lost Denver market. Strategic valuation method The strategic valuation method that is useful in valuing the company is the shareholder Value Analysis. Shareholder value analysis refers to financial analysis, which estimates the

Leadership and Team Building Essay Example | Topics and Well Written Essays - 1500 words

Leadership and Team Building - Essay Example This is popularly known as teamwork. As such, this paper seeks to evaluate the measures that can be taken by a newly appointed person in the organization towards building a cohesive team. The paper starts by explaining the meaning of leadership and teams. The main part of the paper will discuss the theoretical framework of various components of leadership and teams and how they can be effectively implemented in order to improve the overall performance of the organization as a whole. Leadership is often confused as management but a closer analysis of the two shows that they are somehow different. Basically, leadership is about â€Å"Envisioning change, that is â€Å"articulating a compelling vision, mission and strategy†, which â€Å"connects employees, shareholders, suppliers and customers† (Kets de Vries, Vrignaud, & Florent-Treacy, 2004, p. 479 as cited in Ekmekci, 2009, p. 42). On the other hand, it can be observed that management is mainly concerned with solving problems as well as monitoring progress in the organization (Almos et al. 2007). Focus is on leadership in this paper since management is also a component of leadership. The leaders in the organization drive change and they should articulate this change to their followers so that their efforts can be directed towards the same direction in the firm. This entails that teamwork is necessary in order for the new leader of the organization to achieve this feat. On the other hand, a team is described as â€Å"a collection of individuals who are dependent on their tasks, who share responsibility of outcomes†¦who manage their relationships across organizational boundaries,† (Cohen & Baily, 1997, p. 241). Essentially, the main idea behind teamwork is synergy of individual efforts towards the attainment of the desired goals in the organization. Thus, effective leaders in the organization should foster team building and development since these help to improve the overall

Favorite Food Essay Example for Free

Favorite Food Essay Donny is estranged from his son, who, embarrassed by Donnys immaturity, has changed his name to Todd Peterson and managed to become a successful businessman. He has recently arrived at the Cape Cod house of his boss, where he is to be married to Jamie (Leighton Meester). Donny learns from his lawyer, Jim Nance, that he owes $43,000 to the IRS in back-taxes and will be imprisoned for three years if he doesnt repay the money by the end of the weekend. He visits TV producer Randall Morgan, who had produced shows for Donny during his brief period of celebrity, and Morgan offers him $50,000 if he can organize a reunion with Han and Mary McGarricle at the womens prison. Donny arrives at Cape Cod to try to convince Todd to participate. Because he had previously told people that his parents had died, Todd introduces Donny as an old friend; Donny elaborates with a heroic backstory and, despite his extremely crude behavior, quickly becomes well-liked by the other guests, at the expense of Todds popularity. Donny tries to convince Todd to come to the womens prison to see his mother, without revealing that it is for a tv show, but Todd refuses. Todd fights constantly with Donny about his fathers immaturity, both now and during his childhood. Donny admitted he was wrong for his actions and shouldve stopped him, but he didnt know how to be a father. Donny joins Todd and his friends at Todds bachelor party, a relaxing day at a spa. However, Donny offends the employees and guests and eventually convinces the wedding party to attend a strip club where Todd bonds with Brie. The group gets drunk and high and commits various acts of debauchery. Over the course of the evening, Todd bonds with his father and agrees to meet Mary McGarrigle at the prison. Donny, knowing that a tv crew will be waiting, tries to stop the meeting from happening, but Todd goes to the prison anyway. Todd, Donny, and Mary are ambushed by the film crew and a disgusted Todd leaves without signing a release form, leaving Donny without any money. Donny overhears Jamie on the phone saying that she has been having sex with Todds boss. He tries to warn Todd, but Jamie comes up with a convincing cover story. Later, Donny discovers Jamie having sex with her brother. She pays Donny the money he needs in order to keep him quiet. After receiving a conciliatory present from Todd, Donny decides that he has to stop the wedding. At the ceremony he reveals himself to be Todds father and rips up Jamies check, and forces her to admit her infidelity to Todd. A disgusted Todd breaks up with Jamie and quits his job, acknowledging Donny as his father and even taking back his birth name of Han Solo Berger. The following day at the strip club, Han reveals that he is dating Brie. He offers Donny the money to help pay for the unpaid taxes, but he refuses stating that its time for him to grow up and accept responsibility. Donny is preparing to go to prison when a bet he placed wins him enough money to satisfy the IRS. The film ends with Donny and Todd celebrating with the rest of their friends.

How Diffierent Strategies Are Used To Support Children Education Essay

How Diffierent Strategies Are Used To Support Children Education Essay The assignment will develop the work started for log B, looking at how diffierent strategies are used to support children with social, emotional behavioural difficulties, focusing on how rewards and sanctions can improve behaviour. Looking at how a school behavioural policy can help within the classroom and school to tackle and improve behaviour as well as using literature to critically analyse these suggestions. Concerns about the behaviours of young people are nothing new. Socrates is quoted as saying Children today are real tyrants, they no longer stand up when their elders come into the room where they are sitting, they contradict their parents, chat together in the presence of adults, eat gluttonously and tyrannise their teachers. What counts as good behaviour can be difficult to identify specifically. Our understanding of the causes and cures of disruptive behaviour over the last few years has grown immensely. Previously, explanations of poor behaviour tend to be based on individual pupils and their families while treatments consisted of drugs, counselling and psychological intervention. Research that is more recent has suggested that school curriculum, teaching approaches, sanction and reward systems and pupil involvement in determining rules, rewards and sanctions contribute to the ethos of high expectations and developing positive teacher pupil relationships where indiscipline is minimised. Sanction and reward systems, which will be the focus of this assignment, have their origins in behaviourist psychology. They are most likely to be effective if shaped by an overall philosophy and linked closely to the ethos of the school and in many schools pupils are involved in drawing up the school rules, and consulted about appropriate sanctions, as this is seen as the best way of ensuring that punishments are seen as fair. Government policy in England states that TES (2005). Rewards and sanction systems are essential for a creative teaching and learning environment. By praising and rewarding positive behaviour, it is believed that others will be encouraged to act similarly. The government believe that school behaviour policy should therefore not only specify what sanctions are available to staff, but also how positive behaviour will be reinforced through praise and rewards.   Surprisingly, theres been little research into the effects of sanctions and rewards on behaviour and achievement. One of the most extensive studies was conducted by researchers at the University of East Anglia in 2000. Their survey of Year 8, 9 and 10 pupils in the Norwich area found that the most effective sanction in the eyes of pupils was a letter or phone call home to parents, while the least effective was a verbal warning. Similarly, the use of gifts was seen as by far the most effective reward, with verbal praise at the bottom of the list (TES, 2005). Recent research (Allen, unpublished) suggests that the school curriculum and the use of teaching approaches through sanctions and reward systems can determine the pupils involvement within the rules, thus contributing to the ethos of high expectations and developing positive teacher and pupil relationships therefore creating the individuality of the pupils. The types of children and their related social, emotional and behavioural problems must be identified before a sanction and rewards scheme can improve behaviour as part of a behavioural management policy within a Pupil Referral Unit. The definition of emotional and behavioural difficulties in Britain (DES, 1989) refers to: Children who set up barriers between themselves and their learning environment through inappropriate, aggressive, bizarre or withdrawn behaviour and who have developed a range of strategies for dealing with day to day experiences that are inappropriate and impede normal personal and social development and make it difficult to learn. This statement suggests that the problem resides with the child and that it is the child who needs to be treated and cured. However this view is far too simplistic. Therefore there is a need to understand the child, looking at the root causes of aggressive or socially inappropriate behaviour, by looking at the different perspectives on behaviour this will help teachers to understand individual childrens behaviour, and give them strategies to use within the classroom. The use of these perspectives is especially useful in a Pru situation where there are a large proportion of challenging children. Many of these children have had negative experiences in their secondary school and view themselves as inadequate, ineffective, and useless troublemakers, consequently their self esteem is low. Using the following perspectives and observing and recording a childs different behaviours can give teachers in Pupil referral units strategies to overcome pupils displayed behaviours which they can use effectively within the classroom. Firstly, the Pschodynamic perspective looks at how early experiences from childhood, attachment issues and other conflicts can have an effect on current behaviour traits, understanding these issues can help a teacher develop a positive relationship with the child. The Cognitive perspective, once testing of the childs abilities has been carried out, means that the work can be presented at the appropriate level (Ayers et al, 1995). This will help the child achieve success and develop their selfconfidence and self-esteem when attempting new topics. The Ecosystemic perspective looks at systems that influence the child, such as home, school and peer environments. Looking at all relationships that can affect the childs behaviour, and developing strategies to use within the classroom. Strategies based on this approach, such as nuture groups are being used increasingly in primary schools. Although these are implemented mainly by teachers, they sometimes involve assistance from other providers such as peers, parents or psychologists. A Behaviourist perspective approach looks at how postive and negative reinforcements us ed consistantly in school and at home can have a postive affect on behaviour, improving self esteem. A Humanistic perspective to managing behaviour tries to maximise a pupils inherent motivation to learn by minimising factors that undermine or inhibit this process. Teachers will need to recognise how the pupils feel about themselves and their capabilities. Maslow (1998) clarifies how needs such as physical and safety needs have to be adequately met before self esteem even becomes an issue. Although brief, the above descriptions of the different perspectives can give teachers an insight into why a child behaves the way it does. Many of the strategies mentioned in Log B support children with SEBD within the classroom. The most important one mentioned is actually listening to the child to try to understand what they feel and developing relationships. Emotional and behaviour difficulties are about people who are so badly hurt and in so much pain that they are angry, it is our belief that they express their anger in a place that is safe: to that expression of anger in school could be seen as positive Mc Namara, Morton (1995). Teachers in a Pupil Referral Unit situation often need to learn to also deal with their own emotions, as many feel frustrated because they want to help children to change their behaviour so that the pupils themselves get better outcomes. The usual strategies of sanctions, reasoning, punishments and exclusions used in secondary school dont always work with children in a Pupil referral unit. Therefore, being able to recognise the different behavioural perspectives teachers are able to develop their own teaching strategies within the classroom for the individual child. Before a child enters the Pupil referral unit they attend an assessment centre which is located within the same building, this gives a chance for the teachers to determine what the individual pupil needs to help them fulfil their potential. A behaviour contract is usually completed between the school, parents or guardian and the child themselves. The main areas that are addressed within this contract are used to develop positive behaviours to support relationships between pupils and teachers, pupils and their school environment, peer relationships and home relationships. By developing a whole school approach to behavioural management issues the Pupil referral unit involves all staff, some agencies, and the pupils. Involving parents would seem to be the best way forward. Capstick (2005) suggests Establishing good relationships with parents seem an important element when attempting to work with a child as well as giving tanible rewards. Teacher and staff need to examine what outcomes they want to achieve with the pupils and adopt or change the reward system to meet their needs. The values, which underpin a school behaviour policy, are that all children and adults have the right to work in a safe, calm, supported and purposeful environment. All children have the right to come to school without fear of being bullied. All adults have a responsibility to support the behaviour policy and for it to be consistently applied by all members of staff for it to work effectively. The Pupil referral units behavioural policy aims are to ensure a fair and consistent approach to dealing with the behaviour of children during the school day. This is by providing a safe, caring and supportive environment which allows children to learn and teachers to teach. The policy hopes to promote positive behaviour as a model for all behaviours. Help independence by making pupils responsible for their own actions and provide a structure which moderates childrens behaviour while allowing them to develop as responsible citizens within society.To achieve these aims it is vital that a partnership between home and school is established. A lack of, or poor discipline tends to be the result of problems within the family unit or lack of social skills. In a Pupil referral unit this is achieved in the following ways. Communication between a childs key teacher and their parent or guardian is good and means that the parent will phone in regularly to keep staff up to date on any problems at home, staff will in return inform parents of good behavour, effort or work that the child has produced. This means that the child is rewarded by the parent or guardian. When surveyed most children rated this highly on encouraging them to behave well at the pupil referral unit. Smith and Laslett (1993) suggest To use rewards and sanctions effectively requires knowledge and judicious application of the principles of behaviour modification the single most important factor in learning behaviour is what happens immediately following that behaviour. Pleasant consequences are most likely to reinforce the behaviour and make it happen again. To develop a whole school policy on sanctions and rewards within the Pupil referral unit, discussions should take place within the school community on how to deal with different types of behaviours observed in different places around the school. Pupils are involved during PSHCE lessons in conducting surveys, and a school council could be established so that the children views on school issues can be heard. For when the pupils understand the simple rules within the classroom the atmosphere is usually pleasant and the teaching enjoyable. The main objective for a school behavioural policy is to ensure that there was is a shared u nderstanding by both pupils and teachers of proportionate and differentiated sanctions that can be used in different situations. The policy needs to be clear on how teachers can acquire assistance in a crisis situation and who to go to for help. It should also be discussed what the protcol would be with the local police and youth offending services, if a serious incident occurred. Sanctions should be discussed with pupils and school rules displayed in every classroom. Sanctions must be fair and must be used to deal with behaviour, as quickly as possible. Pupils must know that when a sanction is applied it will be used. Record keeping is vital in the pupil referral unit, especially recording any behavioural incidents which help teachers deal with repetative behaviour issues. The Pupil referral unit could also use restorative justice to address poor behaviour, where a child is held to account for their actions and encouraged to put right the harm they may have caused. In some schools and Pupil Referral units this method seems to be working and behaviour is seen to be improving. The school behaviour policy should not only specify what sanctions are available to staff but also how positive behaviour will be reinforced through praise and rewards. The Elton Report (1989) noted that a reward and sanction ratio of at least 5:1 is an indication of a school with an effe ctive rewards and sanctions system. It also recommended that all schools should have a wide range of both rewards and sanctions that are applied fairly and consistently. The types of rewards used in a Pupil referral unit to motivate children are, verbal praise, rewarding postive behaviours which encouarge the pupils to behave in lessons, showing examples of examplar work on walls, displaying work showing the different levels of academic achievement. Giving all children the chance to succeed and develop their confidence and using the lessons they enjoy improving their self esteem. Reward strategies also used are certificates, postcards, prizes within lessons for consistent behaviour, effort or quality work. Parents are should be routinely informed of all of the above and termly assemblies given with parents encouraged to attend as recognition of their childs achievement. Teachers and staff within the Pupil referral unit therefore have high expectations of the pupils and encourage standards in collective and self discipline, encouraging purposeful learning opportunities within the classroom in order to support the behavioural management policy. An example of this is where children can be given target cards each day with one behaviour target on, they take this to each lesson and teachers record their behaviour, adding initials in the centre of the bullseye on the card if they have met that target for that lesson, at the end of the day the points (Initials in the centre of the bullseye) are added up and recorded on to a visual record sheet so that the pupils can see their achievements. Dealing with the different types of disruptions that can occur in lessons at the Pupil referral unit can also be challenging for teachers. Disruptions can manifest themselves as low level such as persistently talking to peers, seeking too much attention, or failing to cooperate. Whilst these disruptions can often be put down to stresses or difficulties outside school, it is evident that some situations arise because of the learning environment within the Pupil referral unit itself and this must be tackled in order for a behavioural policy and rewards and sanctions system to work effectively. Children can be bored with the work set especially if the level is incorrect, and will kick off. Some teachers as Ashman and Conway (1993) suggest see the problems as lying with the child rather than the curriculum or the methods used to teach. Lessons in the Pupil referral unit therefore can be timetabled for half hour and hour slots at various times of the year or timetables can be disbanded meaning that children experience a variety of different teaching styles within the day. This can also have a positive effect on behaviour management within the unit for example in practical lessons teachers are used to movement and children often have more freedom to move around depending upon the activity, the teachers tend to be more relaxed in their methods and consequently so are the children. Whereas, in theoretical lessons some teachers tend to regard movement as threatening and can apply sanctions more vigorously, if a child is critised or put down for something they have done wrong in class, this can add to a lowering of their self esteem and increase behavioural problems. Rogers (1998) Suggests that all teachers should develop their own discipline plan so that they know what to do in advance when classroom behaviour is disrup trive, to develop goals of discipline in school such as; helping the child accept responsibility for their own behaviour, exercise self control, respect the rights of others, adopt the principles of fairness and honesty and face logical consequences of their behaviour. The behaviour policy in the Pupil referral unit should also cover strategies such as tactical ignoring of certain behaviours, using simple directons, postive reinforcement of rules, behaviour and work. Strategies such as giving the children simple choices about sanctions, giving time out for five minutes, using isolation for counselling to discuss problems, or using break and lunchtime detentions, or keeping children for ten minutes after school can also be used as a positive way to modify pupil behaviours. Deflecting and defusing situations are one of the units strengths, as mentioned in Log B. The most common deflecting strategy used to distract the child from their behaviour, is usually humour but not with added sarcasm; this usually works and seems to calm the children down very quickly, without letting them lose face. The child is then reminded about giving an apology to the appropriate teacher. A room could also be used to mentor children who have caused disruption within a les son so that they can discuss their actions with a member of staff. These are all positive steps in helping children to understand how their actions can affect themselves and others and to consider the feelings of others and attempt to perceive their point of view. By enabling a child to empathise with others behaviours can often be modified in a more positive way. In conclusion the most important aspect of improving behaviour in any school is to develop a postive relationship with the children you teach, this is especially important in a Pupil referral unit as the pupils find it more difficult to make positive relationships. However, when they find a teacher that is friendly, caring, consistently predicatable and reliable many pupils will react postively and consequently their behaviour improves. For children who the above approach doesnt work, time and effort including observations are needed to determine which behavioural perspectives to use to help that child progress. In the Pupil referral unit therefore, the most effective way to help a child who has experienced traumatic events would be to use counselling by other services, or having a teacher they like discussing aspects of their behaviour with them, but being consistent with all the strategies included within the whole school behavioural policy and the use of sanctions and rewards helps improve behaviour. Unfortunately, in recent years the incidents of emotional and behavioural issues among children in all schools (not just pupil referral units) has increased and the different sanctions and strategies mentioned previously have yet to be embedded and used effectively everywhere. This is due to government pressure and league tables. Teachers have had to move away from listening to pupils in class time in order to get children through examinations, and to reach targets. As many of the solutions to helping improve behavioural issues for children with SEBD are based on a within child view and the team around the child, these thing involve a commitment from the government of time and money to enable these areas to be accessed by both pupils and teachers in order to improve behaviour effectively. An acknowledgement therefore that time spent on developing relationships within schools is in fact key to effecting education, requires a shift in government attitude in terms of expectations and ta rgets. Only then will pupil behaviour ultimately improve across educational establishments.

Selection of Procurement Strategy

Selection of Procurement Strategy 1.0 INTRODUCTION A major determinant of project success is the selection of the most appropriate procurement strategy which will be used as a frame work to acquire the services of professionals in the industry (Morledge at al, 2006). This report presents the stages that have to be gone through in other to select the best procurement strategy for Janus Leisure plc. Before a suitable project strategy can be selected, there are many variables that need to be considered. However, Masterman (2002) explains that with regards to procurement, only those sub strategies which will have an impact on the ultimate procurement strategy should be considered. He therefore describes the process as consisting of: understanding the client, assessing client objectives, identifying the project constraints including risks and the method of organising the design and construction. These points will therefore form the framework of this report. 1.1 CLIENT Clients in the construction industry are becoming complex in their requirements which has subsequently led to increased client dissatisfaction levels (Latham, 1994). It is therefore essential to identify the type of clients being dealt with as this will have an influence in the choice of procurement method. Based on the categorization of clients by Masterman (2002), Janus leisure plc can be described as a private organisation who generates its funds from its internally business activities and therefore are concerned with profit maximisation wherever possible. Furthermore, we can also say that, the client is an inexperienced client in terms of construction as their main business focus is horse racing. It does not involve in construction activities often and only owns 6 racecourses. However, it is assumed that, the client is very aware of what infrastructure of its business should look like. Finally, we can also say that Janus leisure is a secondary client who requires the building to enable it them house their business activities. This therefore means that construction represents only a small percentage of their annual turn over. 1.2 PROJECT SCOPE The company intends to improve its flagship racecourse at Melchester which hosts the 5000 guineas stakes every year. The proposals are to be undertaken in two phases: Phase I demolition of the existing grandstand the construction of a new 5-storey grandstand to include an extensive conference and exhibition centre (10,000m2 total) and associated external works (budget  £25M) refurbishment of two existing stands circa 100 years old (budget  £5M) Phase II construction of a new 120-bed hotel facility and casino (budget  £12M) to be operational for the 2013 5000 Guineas Stakes meeting in mid-September 1.3 CLIENT OBJECTIVES Janus leisure plc has to consider a number of factors in other to choose the best procurement strategy for the project. To provide guidance for client on their decision of the most appropriate procurement strategy to adopt, Turner (1997) proposed a list of seven factors to consider. Completion time variation complexity quality price certainty price competition management and accountability These will be discussed in detail in the next sub section. Client requirements The objectives and requirements of the client in this report have been categorised under cost, quality and time expectations of the client. They also represent the criteria used by the client in the assessment of the procurement strategies. The following criteria as adopted from Turner (1997) has been established and discussed. Cost Relevance of cost certainty Janus leisure plc is a company which aims at maximising profit wherever possible. It will therefore not intend to spend more than it has budgeted for each section of the development. This implies that, high on the priority of the client is to have a fair idea of how much the project will cost prior to the start of the actual construction. Since the company desires to constantly invest in all of its venues over the coming years. It will therefore be preferable that any strategy chosen should be able to give an idea of the total commitment to be expected, since the project is phased, it means that, this will be a tougher consideration for the first phase but will be achieved to higher degree of accuracy I the second phase Relevance of price competition Janus leisure has a total budget of  £42M for the entire project. With this commitment in mind and a fair certainty of the cost, the client does not really place so much focus on the competition for phase 1. Though Turner (1997) explains that best market price can only be obtained through competition, the client is of the view that factors such as time requirement are of more concern to him and any bid which was around his budget was alright for the first phase. With regard to the second phase, since there will be more time., it is the intention of the client to use competition in other to attain the best price as such therefore any opportunities for price competition will be preferred more. Organisation and accountability It is assumed that the client is fully aware of the fact that, risks go with premiums. However, Janus leisure plc prefers a single point responsibility for the construction of the hotel and will be prepared to pay a premium for that. Clamp et al (2007) argues that leaving both design and construction within one entity could have compromising effects on the quality; however, Janus leisure will prefer to have to deal with just one company in other to eliminate the hassle of lengthy negotiations with many professionals. The client requires that it retains the control for the management of the first phase because it is of more importance to him as he needs it to be ready by 2012. Time Early completion This is a very high priority for the client because they intend to return the 2012 5000 guineas stakes to Melchester. This clearly states that phase 1 should be competed and ready for commissioning before that time. It is known that the duration of the fist phase is short as such early start in needs to ensure early completion. Similarly, with the second phase, it must be completed be 2013. Though this seem to be a longer, advantage should be taken to obtain more competitive while maintaining acceptable standards of quality. Therefore, time is of a higher priority in phase 1 than in phase two Phased requirements The proposed developments are in two phases and should be carried out as such, the duration of the first phase is 2 years which should be ready by mid-September 2012 while that of the second phase is three years and should be completed and ready to use by mid September 2013. As a private client, completion time is of a high priority. Quality Variations Janus leisure plc has been describes as an in experienced client, as such there is the possibility for the client to want to change his mind as the project progresses. Furthermore, the extent of the refurbishment in the first phase cannot be fully envisaged. This implies that, there is an increased possibility of significant variations. However, variations will be minimal in the second phase because, Janus has built some hotels in the past and therefore know what exactly they will want to have in this hotel. It is important to consider variations because they entail high costs and have effects on the construction period and also each procurement method deals differently with variations. Level of prestige Horse racing is a sport that is patronised by a large cross-section of the public as well as wealthy and rich; however, the proposals by Janus leisure does not call for a prestigious design though the requirements of the conferencing, banqueting as well as the hotel should be good and incorporate state-of-the-art technology. Project complexity In terms of complexity during procurement, functionality of the project is not an essential requirement however; complexity of the construction itself and the environmental services is usually very significant (Turner, 1997). The requirements of the project are fairly straightforward as the major requirements were air conditioning and public address systems therefore; complexity is not a great problem in the first phase. With the second phase, more facilities like escalators, lifts and air conditioning facilities will be provided but that notwithstanding, we can say that both faces require a good quality. Risk It is important that any risks to the project are to be effectively managed by the party that is best able to handle them. And every procurement system distributes the risks between the client and contractor (Masterman 2002). Some procurement methods allocate more of the risks to the client and others more to the contractor. Since the client want to control of the first phase, they accept to have the risk even though they will prefer to share them wherever possible. Because the client is quite inexperienced in construction, will prefer to leave to as much of the speculative risk as possible with a single contracting entity though they are aware this might mean payment of premiums for the second phase because it will need time to organize its business activities. 2.0 PROCUREMENT SYSTEMS With respect to the client requirement, four procurement methods have been selected to be appraised because of the peculiar characteristics they have which may be of interest and suitability to the project. They are Traditional method Design and build Management contracting Construction management 2.1 TRADITIONAL METHOD This method is referred to by some authors and researchers as the separated system and it is the oldest form of procurement (Masterman, 2002). It is characterised by the separation between the design and the construction phases and therefore offers multiple points of responsibility (Oyegoke et al ,2009). The client first appoints consultants who will be responsible for the design, cost control and contract administration. Once the design in complete, the client and his team invites tenders from suitable contractors and eventually appoints one of them who will be responsible for carrying out the works. There is therefore direct contractual relationship between the client and the consultants and also between the client and the contractor. The contractor is responsible for all the workmanship and materials including work by sub-contractors and suppliers (Clamp et al, 2007). In some cases, the client could novate subcontractors or suppliers with whom the main contractor will have legal c ontracts. The figure below shows the contractual relations of this system. Fig 1: Contractual relationship; The Traditional Procurement Method (Morledge et al 2006) Use of Traditional method of procurement According to Murdoch and Hughes (2008), following the criteria developed by the Joint Contracts Tribunal (JCT 1988), the following are a proposed a list of instances which traditional method is most suitable. The employer has caused the design to be prepared and for the purposes of the building contract takes responsibility for it. The employers designer is sufficiently experienced to co-ordinate and lead the design team and to manage the interface between design and production. The design is substantially complete when the contractor is selected. An independent quantity surveyor will be used to plan and control the financial aspects of the project The contractor is selected on the basis of the contractors estimate and carries the risk that the estimate may be wrong. The employer reserves the right to select sub-contractors for certain parts of the work. ‘Prime cost sums including employer-selected sub-contracts, do not form the major proportion of the contract sum. The employers agents feel that it is important to use an acceptable negotiated form to ensure a fair and familiar distribution of risk. The employer makes no explicit choice and the advisors do not raise the issue. Suitability With regard to the requirement of the client, the traditional method will be very suitable with regard to price certainty which is high on the priority of the client for the first phase. This is because designs will be completely finished and bills of quantities produced which will be priced by tendering contractors. As such, Janus will know its financial commitment to a high degree of accuracy before the start of the project. However, the problem will be whether there is enough time for full designs to be produced followed by tendering before actual construction starts. This is a concern because completion time is equally of high priority to the client and so the traditional method might not be so suitable in that regard. The traditional methods is also one of the best ways to secure best market price as there is competition between tendering firms, however, since competition is not high on the priority of Janus leisure plc for the fist phase, the second phase will take advantage of that. Since variation is to be expected in the project during the first phase, the traditional method will allow, Janus leisure, a flexibility of mind until when the tender documents are prepared for bidding. After this, changes in specification might be very costly and time wasting. It will be suitable for the second phase as well because variation is expected to be even lower. Janus leisure will not be favoured in terms of his accountability requirements for the second phase because Oyegoke et al (2009) explains that this system introduces multiple points of responsibility. 2.2 DESIGN AND BUILD This system is characterised by the integration of the design and construction phases. Masterman (2002) explains that, the commonly used integrated system is the design and build method however there are other variants such as novated design and build, develop and construct, package deal and turn key projects. Within this report, only the design and build variant is considered. The approach leaves full responsibility of the design and construction with a single organisation: the contractor. Rashid et al (2006) explains that, the selection of the most suitable contractor is based on the brief and the specification given by the client at the time of bidding. In effect, the contractor has the total responsibility for all the works, co-ordination and integration of the whole process as well as appointment of any consultants, specialists or subcontractors (Murdoch and Hughes, 2008). Figure 2.2 shows the contractual relation with this system. Fig 2 Contractual relationship: The Design and Build system (Morledge et al 2006) Use of the design and build method According to Murdoch and Hughes (2008), there are some characteristics of a project which determine whether the design and build method will be suitable for a particular project, theses are listed below: The clients familiarity with construction(experience) The relative importance of client priorities (time, cost, function, quality, value for money etc.) The technical complexity of the project The need to make variations to requirements as work proceeds The patterns of responsibility and communication The need for an early start on site. Suitability With regard to the requirements of Janus leisure plc, this method will be suitable in regard to project completion time because of the integration of the construction and design phases will make the project faster, furthermore, since there is a lump sum fixed price for the bespoke design and construction (Masterman, 2002) the client will equally have high degree of price certainty prior to the start of the project. This method will be suitable because for the client in the second phase in terms of his risk allocation requirement as most to the risk will tend to be with the contractor however, it may not be suitable for the first because the client wants to retain more control. Also, design and build will be suitable for the client because the client will only have one contractual relation with the contractor which will march his responsibility criteria. However many researchers including Masterman (2002) and Turner (1997) have argued that since both design and construction are left w ith the contracting firm, there could be possible compromises in the quality expectation in terms of both design and more importantly workmanship and materials, I will also argue that since the client will give a comprehensive brief with little variation for the second phase, this should not be a big problem. It is again worthy to note that the system will not particularly be suited to the variation requirement of Janus leisure plc for the first phase. The criteria established the possibilities of variations as the project progresses, especially in the first phase but the design and build system freezes excessive variation at an early stage when the contract is signed and any changes after that will tend to cost the client lots of money and time. Fortunately, Janus is already aware of this. Again, leaving both the design and construction on the contractor means leaving more risks with him and this will involve payment of premiums as such. 2.3 MANAGEMENT CONTRACTING This is a method of procurement in which the management contractor is paid a fee by the client to manage the whole building process and therefore has direct contractual relations with all the works contractors (Morledge at al, 2006). The management contractor advices on the buildability of the designs as well as value management during the design. The construction works are let out in packages therefore there is early start with this method. The management contractor does not take part in the actual construction but provide preliminaries for the project. The figure below shows the contractual relation with the management contracting form of procurement. Fig 3.Contractual relationship: Management contracting (Morledge et al 2006) Use of Management contracting Murdoch and Hughes propose a list developed by the Joint Contract Tribunal (JCT, 1987a) which indicates suitable circumstances in which to use Management contracting. The list is as follows: The employer wishes the design to be carried out by an independent architect and design team There is a need for early completion The project is fairly large The project requirements are complex The project entails, or might entail, changing the employers requirements during the building period The employer requiring early completion wants the maximum possible competition in respect of the price for the building works. Suitability This system of procurement is desirable in respect of the client priorities of completion time because of the overlap between design and construction, furthermore, as the work will be let out in packages, competition, though not of a high priority to the client, can be used to attain best price. Under this procurement method, the client will also be able to have a fair certainty of the price before the start of the project. The system will also be suitable in terms of the variation requirements of the client for the first phase because the full design is co-ordinated and developed by the client and his team, as such there is much room for flexibility until that package has been let out on contract. With this procurement system, much of the speculative risk is with the client while works contractors take just a little (Clamp et al, 2007) as such this will be acceptable for the first phase but not quite meet the expectation of Janus leisure for the second phase as they prefer to leave much of the speculative risks with the contracting firm. 2.4 CONSTRUCTION MANAGEMENT With this procurement system, the client appoints the construction manager on the basis of a fee to manage, prepare and co-ordinate the design and construction as well as advising the design team on the buildability of the design (Morledge et al, 2006) as such the client does not allocate risk and responsibility to a single firm because the works are subsequently let out to packages contractors who are in direct contractual relation with the client. The contractual relation with this procurement type is shown below. Fig 4 Contractual relationship: Construction management (Morledge et al 2006) Use of Construction management According to Murdoch and Hughes (2000) Construction management is suitable when the characteristics of the project fulfils in part or whole of the following: The employer is familiar with construction, and knows some or all of the professional team. The risks associated with the project are dominated by timeliness and cost (e.g. the employer may be a private sector employer requiring a commercial building). The project is technologically complex involving diverse technologies and sub-systems. The employer wants to make minor variations to requirements, as the project proceeds. There is scope for separating responsibility for design from responsibility for management of the project. The employer requires an early start on site. The price needs to be competitive, but ‘value for money is more important than simply securing the least possible cost. Suitability This procurement method similar characteristics with the management contract variant, however, there are some differences. The completion time requirements, variation requirement and quality requirements is the same as in the management contracting. However, this system leaves virtually on all the risk on the contractor: a trait which will not suit the requirement of Janus leisure plc. Furthermore, the is no certainty of price as the system works with target sum but advantage can be taken of price competition as the packages are let out to package contractors. Another point worthy on mentioning is that, this method will not particularly suit the responsibility requirement of Janus leisure, who prefer to have to deal with just one contractor. 2.5 RISK SHARING This determines the apportionment of the risks that occur to the party that is able to handle it more adequately than the other. Some procurement methods allocate more of the risks to the client and others more to the contractor, Janus leisure plc is willing to accept some of the risk provided they will be able to foresee it before it occurs for the first phase but will prefer to leave much risk on the contracting firm fro the second phase. The different procurement methods have limits to which the client can tranfer risk. A speculative risk chart according to the different procurement methods can be seen below table 1 : Speculative risk (Clamp et al., 2007) 3.0 SELECTION PROCESS The aim of the selection process is to accurately identify the best procurement route which meets and satisfies the client requirements best (Masterman, 2002). The tables below shows the results of the assessment criteria for the two phases of the project Table 2 priority checklist for phase 1 Table 3priority checklist for phase 2 3.2 PROCUREMENT SYSTEMS FOR PHASE 1 Based on the rating on table 2 and the clients success criteria, the management contracting procurement system has been recommended to be used in the execution of phase 1 Reasons for recommendation It has been established already that time is crucial to the first phase of the developments, as such, this procurement system is suitable because it allows construction to start early once a work section has been completely designed, for example, immediately the foundation are fully designed, the client and his team can give that part out on contract as the designed is continued. The client still retains full control of responsibility of the design as the construction goes on, so since Janus indicates the possibility of variations this will be very much accommodated while the management contractor contributes to the buildability of the designs. The client and his team will also have the chance to select materials and techniques in other to achieve the standard it requires which still reduces maintenance costs. 3.3 PROCUREMENT SYSTEMS FOR PHASE 2 Based on the critical analysis of the critical factors of success for the project as well as the adoption of the table 3 above, the competitive design and build system of procurement has been chosen for the construction of phase 2. Reasons for recommendation The client rates time as important as such, since the contractor is in charge of both the design and construction, there will be an early start of the project on site which will guarantee completion to schedule. However, since the responsibility of the design will be that of the contractor, the client will have to provide a good brief to the contractor in other to eliminate any confusion. This will be required to a great extent so that variations will be reduced to the barest minimum. The design and build procurement method is also best for the phase because the entire of design and construction has been shifted to the client and this suit Janus as a client thought the implication is the likelihood for an increased cost. The client is satisfied with this option because he will have enough time for his own business activities Also, since Janus does not require direct professional accountability for the design and consultants for the second phase, this system proves to be very suitable because the design and build system leaves the entire accountability between the contractor and his team and Janus only has a single contract with the main contractor Janus requires a high degree of price certainty before the start of the construction and the design and build system offers this. Moreover since the requirements indicated that the project is not so complex in terms of technical advancement, the system will be adequate and certain to deliver a product of good quality and workmanship. Finally, the adoption of the competitive variant of the design and build procurement system will give the client and his team the chance to select the best bid from the contractors as a result of the tenders that will be submitted based on the client brief. 3.3 ORGANIZATIONS TO BE COMMISSIONED The consultants to be commissioned for the first phase are as follows: Management Contractor: Engaged very early in the project to provide expert knowledge to other consultants on the constructability of the designs. Architect: Prepares all the necessary architectural designs in accordance with the clients brief and with the management contractor Quantity Surveyor: Carry out feasibility studies, prepare cost estimates and cost plans in conjunction with the designs. Also carry out interim valuations for payment to works contractors, in conjunction with the management contractor. Engineers: Prepare the structural, mechanical and electrical engineering drawings to be priced by the quantity surveyor and form part of the contract documents for executing the works. For the second phase, the client needs to contract a design and build contractor who will be in charge of both design and construction of the facility 4.0 CONCLUSION The proposals by Janus leisure plc have been thoroughly examined and discussed, going through the range of procurement methods and applying the table by CRT, it has been recommended that for a successful execution of the clients developmental proposals, management contracting should be adopted for the first phase while design and build is adopted for the construction of the hotel in the second phase. However, it must be stated that, the success of the project does not only depend on the procurement method used but also on the efficiency of the consultants and the contractors used. Therefore the client should be methodical in the approach for selecting the professionals for the execution of the work.

Momadays The Way To Rainy Mountain: Summary :: essays research papers

Momaday's The Way to Rainy Mountain: Summary   Ã‚  Ã‚  Ã‚  Ã‚  N. Scott Momaday divides his book The Way to Rainy Mountain in an interesting manner. The book is divided into three chapters, each of which contains a dozen or so numbered sections, each of which is divided into three parts. The first part of each numbered section tends to be a legend or a story of the Kiowa culture. However, this characteristic changes a bit as the book evolves, as does the style and feel of the stories.   Ã‚  Ã‚  Ã‚  Ã‚  The first passage in the first numbered section describes the Kiowa creation myth. It tells that they came into the world through a hollow log. The next ones tell of a dog saving the life of a man, the story of how Tai-me became part of their culture, and other stories. These, especially in the first beginning of the first part, are stories which relate timeless tales. The events described took place long ago, though nobody knows how long. In addition, the endings of the tales would probably be described as having a good outcome. The people were created and they found friends in the physical and spiritual world. The first part of the book describes the beginning of the Kiowa culture and their development.   Ã‚  Ã‚  Ã‚  Ã‚  Towards the end of the first part, the tone of the stories changes. Instead of describing different stories each time, they begin to tell a story which continues through six numbered sections. The story relates the life of a baby who grows into the sun's wife who then has a  ·child who becomes two children, who become honored people in the eyes of the Kiowa. These stories do not explain things like the creation of the people, or the reason dogs and men are friends, or the origin of Tai-me. They tell what happened to some people.   Ã‚  Ã‚  Ã‚  Ã‚  The last part of the book, the last third, is mostly narrative. Instead of telling myths to explain things, Momaday tells stories which relate events without any significant outcome. Also, in contrast to the first part of the book, the outcomes seem to be bad ones, or at least not fulfilling. They describe, for a large part, people whom he knows existed and were related to or were friends of his family. One story tells about Mammedaty, who heard someone whistling to him, but could not find the person. Another tells about how Mammedaty was having trouble with a horse, so he shot an arrow at it, but missed and killed another horse. These endings do not leave the reader or listener with a good feeling

Influence of Realism on Literature :: Literature Realism

Influence of Realism on Literature After World War I, American people and the authors among them were left disillusioned by the effects that war had on their society. America needed a literature that would explain what had happened and what was happening to their society. American writers turned to what is now known as modernism. The influence of 19th Century realism and naturalism and their truthful representation of American life and people was evident in post World War I modernism. This paper will try to prove this by presenting the basic ideas and of these literary genres, literary examples of each, and then make connections between the two literary movements. Realism Modernism not only depicted American society after World War I accurately and unbiasedly, but also tried to find the solutions brought upon by the suffering created by the war (Elliott 705). The realistic movement of the late 19th century saw authors accurately depict life and it’s problems. Realists attempted to â€Å"give a comprehensive picture of modern life† (Elliott 502) by presenting the entire picture. They did not try to give one view of life but instead attempted to show the different classes, manners, and stratification of life in America. Realists created this picture of America by combining a wide variety of â€Å"details derived from observation and documentation...† to â€Å"approach the norm of experience...† (3). Along with this technique, realists compared the â€Å"objective or absolute existence† in America to that of the â€Å"universal truths, or observed facts of life† (Harvey 12). In other words, realists objectively looked at American society and pointed out the aspects that it had in common with the general truths of existence. This realistic movement evolved as a result of many changes and transitions in American culture. In the late 1800’s, the United States was experiencing â€Å"swift growth and change† as a result of a changing economy, society, and culture because of an influx in the number of immigrants into America. Realists such as Henry James and William Dean Howells, two of the most prolific writers of the Nineteenth-century, used typical realistic methods to create an accurate depiction of changing American life.

Technology Essay -- essays research papers

Providing Representations in Multiple Modalities Mathematica software enables students to see a graphical representation of any function. By changing equations or using different values for variables, students develop a deeper understanding of mathematics by viewing changes in the graphical representations. A key understanding in pharmacy education is that the action of drugs depends on the "fit" between particular molecules in the body and the molecular structure of drugs, in a kind of "lock and key" relationship. However, students often have difficulty visualizing molecules as three-dimensional objects. A pharmacy professor uses molecular modeling software to create self-paced assignments which require students to manipulate molecules, developing visualizing ability and understanding of drug-receptor relationships. (Contact: Dr. Marc Harrold) Drilling Students on Basic Concepts to Reach Mastery Software tutorials exist for many modern languages, enabling students to learn basic grammar through self-paced learning, exercises, and tests with feedback about their performance. HyperMap provides students with practice in interpreting geological maps. The software presents a series of regional maps with dominantly planar contacts, then asks students a series of interpretive questions on three-dimensional geology and geologic evolution of the region, providing immediate feedback on right and wrong answers. (Contact: Intellimation 1-800-368-6868) Facilitating Collaborative Activity among Students Classrooms of networked computers using software such as Daedalus enable students to spend class time doing group pre-writing exercises, electronically discussing controversial questions, and peer reviewing one another's writing. A computer conference is established among students enrolled in strategic management courses in Korea, Egypt, Finland, and the United States. Students discuss topics specified by the instructors, such as advertising and the environment. They also complete a team project such as finding a solution to a real-world environmental problem, with each team including students from each country. Seeing Interconnections among Concepts Victorian Web presents text and images of Victorian England. Students can explore how the social context, economics, religion, philosophy, visual arts, and literature of the period might be inte... ...ology. Why Use Instructional Technology? Students can be actively engaged in learning, leading to greater time on task and greater depth of knowledge Student learning can emphasize continuous improvement of a piece of work, a concept sometimes called "D.I.A.T." or Doing It Again Thoughtfully (Steven Ehrmann, final report of Project Flashlight) Students can work more collaboratively with one another Students can be given more practice with feedback Students can examine their existing conceptions and update or modify Learning materials can be provided to match the learning style of the learner Self-paced learning may be possible, with study and practice until the student reaches his/her "personal best" Classroom dialogue can extend beyond the time and space constraints of class time Students can learn by working on complex, open-ended, realistic (or real-world) tasks Faculty can restructure their role, using individual and peer-group work or technology for some purposes, thereby freeing time to make their unique contribution to student learning Perhaps most importantly, faculty find rethinking their teaching an energizing and regenerative experience!

Parliament carries out none of its functions Essay

â€Å"Parliament carries out none of its functions adequately†. Discuss. With democracy on the incline and other countries catching up to where the UK once lead it can be argued that parliament does not carry out its functions adequately. Many would say there are not enough checks and balances on the government to insure its parliament is run legitimately being argued that a cross on a ballot paper every four years is hardly a true expression of our will. Current circumstances have lead to his enquiry of the people, most significantly the freedom of information act 2000 introduced by Blair’s government allowing transparency and putting the government under some scrutiny resulted in the daily telegraphy uncovering the expense scandal, including the duck house this exploitation of the government sparked an unanimous felling of not only anger but also disappointment bringing the questioning of the effectiveness of parliament. However not all of parliament can be looked upon in negative light, parliament can be seen as efficient and it is unfair to cla im that â€Å"none† of its functions are adequate because the surely there would be a collapse in parliament and government. Predominately and most obviously parliaments â€Å"main function† is legislation and passing bills, and in all fairness that’s what parliament does, far more bills are efficiently passed through parliament and become law compared to the US who struggle to pass anything with such a variation of opinions. The majority government that Britain almost always has, despite labour government in 1974-79 which was weak and short lived, always been able to provide stability and efficient law-making; a core function of parliament. Counter-arguing this it could be suggested that such a strong majority government who does not have to debate or compromise in laws could eventually result in an elective dictatorship, meaning that we are effectively controlled by the government on a vote that was made for 4/5 years. A current example of other people outside of the direct governing bodies not being able to gain control over parliament is the private members bill of bedroom tax. Although the taxation proposals has reached the second stage it has taken a long time getting there, but at least it proves that  their are other influences in parliament and parliament is being scrutinized in some aspects even if it is only 13 Fridays a year. I personally believe that the bills that are past have been done so to benefit the country and not as a way of a party leaving their mark on government so that when next election time occurs they can claim how they have influenced parliament- a slightly more cynical view. The very fact we consistently pass bills shows strength and progress however more needs to be done to incorporate the public, the referendum in Scotland with a turnout of 84.5% just shows how willing the public are to be involved in politics and legislation suggesting more referendums would destroy doubt in the parliament as accountability is distributed evenly and decentralized. To be democratic parliament should come under as many forms of scrutiny as possible to insure certain issues don’t go under the radar. Possibly the most forceful form of scrutiny is the opposition, they are have the power, time and money to fully scrutinize and fault the current government in order to secure a place as the next winning party. This kind of faulting can lead to governments being forced to change as issues are brought to the public eye. As we have very recently seen in the autumn statement George Osborne claiming and exenterating how well the government is doing finically was soon brought down o the reality when the shadow chancellor Ed Balls was able to prove how much the government was still in debt by. This kind of scrutiny means that the government cannot disguise anything from the public and there should be a sense of transparency. However it could be argued that even if an issue is brought to light in parliament there is not a lot the opposing party can do about an issue if the government is a minority they will always be voted out even on things that they so strongly believe in. take the current collation, one of the promises liberal democrats made was to introduced free tuition fees, the divide was made clear when backbench revolts resulted in 21 Lib Dems voting against tuition fees despite whips advising them to join the vote of conservatives meaning they where voting against their won cause. Ultimately it shows how powerless other parties are in minority governments and also in a coalition as a smaller party and surely if they are so powerless how can we know that the majority government is not just taking advantage of their position. I personally believe that  coalitions benefit the UK because they allow room for debate and opinion as a pose to a parties single mind view however often to many parties ar e left too powerless and not able to scrutinize the government efficiently. Scrutiny of the opposition does not encompass all scrutiny, and it can be said that the more scrutiny there is the better it is, as we know that the government that governs our lives is being run correctly. Select comities are set up by the government to check the government. Each committee are devoted to every aspect of our lives making sure we are content with the current government and how parliament is ran, this is effective as it provides a layer of support and reassurance. Select comities can highlight an issue and bring it to the public attention by enquiring in current situation and encouraging government change, however all they can do is encourage government change, they can’t actually enforce policies. Whips have less power over select comities because select comities do not hold that much power however with technology on the inline select comities have become extremely good at unearthing and bringing to the publics attention faults in the current parliament and als o resolutions to these faults. A most recent example of this would be phone hacking; a select committee put an emphasis on issues within media, particularly news of the world. New of the world listen to the voice mail of missing girl Millie Dowler, the enquire then successfully resulted in the news of the world collapse and shutdown, it was then found out that Andy Carlson, who previously worked in news of the world was David Cameroons press sectary who after the enquiry was let go. Select comities are a very good form of scrutiny because they can find fault in parliament, government and the media however they do not have very little power to act upon findings and cant fully scrutinize the government as they are still under some influence for their party. Introduced a new law meaning parliament must always be consulted before military action is taken, because this is the result of the peoples word and the government should stay legitimate to avoid elective dictatorship it proves how efficient the current parliament are in tackling current. However it could be argued that prime ministers question time once every week, which has recently been shortened, further is not enough to put  legitimacy under enough scrutiny. Not all the government’s actions are properly debated and scrutinized with a majority government it is often the case of the biggest party winning. The unelected house of lords, although of recent times not hereditary peers due to Blair’s house of lords reform act 1998, still are not elected and therefore have no democratic legitimacy. A lot of respect for parliamentary legitimacy has been lost because of the unearthing of issues such as cash for questions, discovered in 2011 it was found MPs where paid to ask other MPs questions that would reflect well on their party, giving the public a bias view of the world and manipulating our perceptions. This kind of foul play in parliament takes away what legitimacy some parties have. Personally I think that not enough is done to scrutinize parliaments legitimacy, although candidates have been ‘democratically’ voted into power and should hold the trusteeship of the public it can still be argued as to what extent they have the right to this power as in some peoples view first past the post is not a democratic voting system to begin with and therefore the candidate is not legitimate. To conclude, I think that despite some major drawbacks parliament and its functions are carried out adequately and too say that none are is a major over statement. It is easy to see why someone people might lose faith in parliament, majority parties become too strong to control, desperate to leave their mark without fully discussing current issues. Young politicians going straight into the job with no really concept of life’s hardships, not fully representing what others really wants and need. However having said this parliament passes laws, it does so efficiently meaning that currant issues can be solved whilst they are still current. This kind of speedy and strong government creates a stable base to build a democracy upon and although many have lost faith given recent scandals like the expenses scandal, the fact that most voters still believe their party will deliver on their manifesto shows hope. Scrutiny is in my opinion of its highest form in select comities as they can pinpoint specific problems and resolve them such as the phone hacking 2012 however I also don’t believe they have enough power to influence the government. Having said this the government is currently stable even in a coalition, which suggest that parliaments functions are at the very least adequate.

The problem with plastics

The problem with plastics The problem with plastic is that it doesn't break down and go into the soil it Just sits there for years and years and it's way overused. We use plastic for A LOT of things: packaging, transporting, manufacturing, etc, but do we ever stop to think about what happens to the plastic after we're done using it, or where it ends up? The ‘out of sight, out of mind' saying is perfect when it comes to a lot of environmental issues, especially the issue with plastic. Plastic is made from petroleum, which the earth cannot digest.Instead of plastic biodegrading (breaking down in the soil) it breaks down into smaller and smaller pieces, which causes more harm than Just staying in one piece. For example, if the plastic ends up in the ocean, the plastic pieces will get smaller, and filter feeders will start to eat those pieces. Since filter feeders are on the bottom of the food chain, every organism (birds, fish, marine mammals, etc. ) that feeds on the filter feede rs are also eating plastic. Plastic that ends up in the ocean, kills around one million marine organisms each year!One of the most obvious impacts of plastic bottles is what happens after its been thrown away. According to the Container recycling institute, 86% of plastic water bottles used in the US become garbage that ends up in landfills throughout the country. About 60 million plastic water bottles are used every day in the US. Each year making the plastic water bottles used in the US Takes enough oil and energy to fuel 1 million cars All that energy spent to make Water bottles even more to ship it around the Country

Australian Aborigines Essay

Anthropology is the study of humanity. In Chapters 3 and 4 of the text we are learning about kinship system. In these selections I will focus on the Australian Aborigines culture. I will also concentrate on the Australian Aborigines and the three specific examples of how the kinship system of the chosen culture impacts the way the culture evolves. This paper will also show how the cultures compare to each other. ? Voluntary controls on fertility for Aborigines were controlled in the form of infanticide. Based on the text infanticide is the killing or the abandonment of new born babies. This practice is usually used when a baby has problem or deformities, which make it hard for the offspring to be taken care of (3. 4 Settlement Patterns). In the United States infanticide would be consider a homicide. In our culture we do have abortions. Some women use abortions for various reason for example health problems, raped, or just plan not ready to be parent. ? ? In Australian Aborigines culture they believe in cross cousin marriage. As described in the text Cross cousins are the children of opposite sex siblings, such as the father’s sister or the mother’s brother. The man in this culture has the right to marry his father sister’s daughter or his mother’s brother’s daughter (3. 7 Social Organizations). In this culture and day and time, we look at marrying cousins as wrong. It is old folk tale that the third cousins are removed but that was some of the older cultures. So now we believe in my family at least that mixing blood so to speak can cause baby deformities. So in our culture cross cousin marriage is prohibited. We also have family reunions to help family members know who there family is. According to Australian Aboriginal culture, all living things were created by ancient spirit ancestors. These stories of creation are known as the Dream-time, or Dreaming. Dream time according to the Aborigines, describes the creation of the earth and how all living things were created and how that affects life and morality (3. 8 Rituals and Religion). We have all different religions in America that’s what makes us as unique as a culture. I am a Christian. I believe Jesus Christ came and save the world from sin. I believe that God came to Moses and that only way to heaven is through Jesus Christ. Some atheists would compare us to the Australian Aborigine’s folk tale, but everybody has and opinion. ? In-closing Australian Aborigines culture and all other cultures have examples of kinship systems. What I learned from the text is that through anthropology that all men as an allocated law or system to follow as there way of life, Today society has come a long ways, but still shares the some of the same values. To know where you going, you have to know where you came from. Nowak B. , & Laird, P. (2010). Cultural Anthropology. Ashford University, Discovery Series. Bridgepoint Education, Inc.