Compare and contrast the Lady of Shalott with In Westminster Abby Essay

Consider * The context * The depiction of the women * Form * The poets’ use of language * Your response Both of the poems are about a woman. From the outset the two women appear very different, but when you study them more closely and we can begin to discover similarities. I think that both the woman in The Lady of Shalott and the women in West Minister Abbey are prisoners in some way or form. It is maybe more obvious in The Lady of Shalott where she is actually imprisoned inside a tower which is on an island and more than that she is also imprisoned by a curse which is upon her. The woman in Westminster Abbey is imprisoned by her lack of connection with reality and is so out of touch with the real world that I would say she is a prisoner within her self. The main difference between the two women is that one of them knows she is a prisoner and eventually in the end breaks away (even though it kills her) yet the other is blaitinly unaware. The tradition is which they are written is very different. The Lady of Shalott tells a story therefore it is a Narrative poem. In Westminster is about self-revelation so it is a dramatic monologue. The Lady of Shalott is set in the era of King Author and the Knights of the Round Table. The poem features Sir Lancelot (one of the greatest of the Knights) who is a key character. I think he symbolizes the male system that was very dominant back in the Victorian times. In short Lancelot represents to her all that she can’t have and accepting death is better than being locked up. The poem is split into four parts, which build a kind of chapter formation. Part one gives us a bit of insight to what her surroundings are like and the fact she lives in a tower and that no one really knows very much about her. â€Å"Down to tower’d Camelot: And by the moon the reaper weary, Piling sheaves in uplands airy, Listening, whispers † ‘Tis the fairy Lady of Shalott.† This quote from the poem (which is the last four lines of part 1) tells us that she is perceived almost like some kind of super natural being. In part two the lady of Shalott never stops working. She is weaving a picture of the things she sees reflected by a mirror so what she sees is 2-d and fickle. (Notice the contrast, her surroundings are drab yet her tapestry is colourful) â€Å"A funeral, with plumes and lights and music, went to Camelot: Or when the moon was overhead, Came two young lovers lately wed† The above statement connects the funeral with a wedding like both are equal and that love is equivalent to death. The lady then realizes that there is something unsubstantial about her life and proclaims â€Å"I’m half sick of shadows† In Part three Lancelot appears and she sees his attractive reflection in the mirror, it appeals to her so much that she stops her work and looks out through the window at him. SHOCK the mirror breaks and the curse has come upon her. We can see how the lady almost becomes a mirror in herself with the glassy expression on her face. In this ‘chapter’ the rhyming pattern changes when Lancelot appears, usually every verse ends with the word Shalott but one of the verses ends with Camelot instead. This is symbolic of how much devastation he actually causes, the whole form of the poem alters when he appears. In part four she wonders from the tower down to Camelot. And down the river’s dim expanse — Like some bold seer in a trance, Seeing all his own mischance — With a glassy countenance†¦. These lines tell of the lady’s trance like gaze possibly cause by thoughts of passion and desire (Lancelot). This could indicate that she is not responsible for her own actions. The changes of weather in the ‘chapter’ indicate the change in mood. She comes down to Camelot and finds a boat that is her final resting-place. She does not kill her self, nor is she evil because her last song is said to be mournful and holy. All the people gather round her and in the crowd, totally oblivious to the fact he caused her death Lancelot proclaims that god has mercy on her as she has a lovely face. In Westminster Abbey is set during a war against Germany in the church in Westminster abbey. A woman is talking the whole time, which makes this, distinctly different from the last. In fact she is doing more than talking, she is praying. Once we discover that the audience is God we become very shocked by the things she is coming out with, especially when she says if he makes a mistake she will forgive him! She is being incredibly selfish and asking for special treatment i.e. that she should be protected more than anyone else. The woman is being greedy and praying for silly things like that her shares down go down and such like. In one of the verses she is talking about why England should win. There is great juxtaposition in the list that she gives placing things like democracy and class distinction together and then bringing in the fact they have proper drains, which just shows her snobbery. In other parts she is racist telling god to protect the blacks but to protect the whites more, which is saying that whites are more important just because they are more sophisticated and probably more civilized that the blacks she was talking about. The last verse gives us real insight into her character. She asks God for what she wants and expects to have her prayers answered in return for doing things she should have been doing any way. I.e. helping the war effort and going to church ‘when ever she got the time’. The poem ends with her having to leave for a social occasion- â€Å"A now dear lord I cannot wait, Because I have a luncheon date† She is a snob and she thinks God is one too, instead of praying to him in her local church she comes all the was to Westminster because she thinks God will view her prayer as more important. The end line of every verse deflates to what she has said (exposes the selfishness). The poet uses irony to show her up so you can’t help laughing because you become almost astonished by the things that she says. The woman’s actions don’t co-inside with her words and the language doesn’t fit. This makes her seem like a walking contradiction. I think there is great contrast in both the context and styles of these poems but there still are similarities. They are both poems with a message; the message in The Lady of Shalott is that if you strive for more freedom you might end up dead. The message in the second poem is that we aren’t always aware of our faults etc. but they are always there.

Sally Satel

A Second Chance at Life Sally Satel’s argument in â€Å"Death’s Waiting List†, states that there is an extreme lack of organ donors in this society. â€Å"70,000 Americans are waiting for kidneys, according to The United Network for Organ Sharing† and â€Å"only about 16,000 people received one last year. â€Å" In large cities, where the ratio of acceptable organs to needy patients is worst, the wait is five to eight years and is expected to double by 2014 â€Å".There is no reason why the wait should be this long because any one can be an organ donor and Satel does a great job of explaining the benefits throughout in her essay. As a previous member of the waiting list, Satel resorted to desperate measures when she considered going to the black market to obtain a kidney that she needed as well as trying a website called matchingdonors. com. She was lucky enough to find a match on the website, but unfortunately he fell through. As far as the black marke t goes, she thought it was too risky and unsafe even though she was in a life or death situation.This all could have been prevented if more people in our country were to consider themselves organ donors. If the black market isn’t safe for buying movies or getting music illegally, then it is definitely not safe for buying a kidney. This small statement in Satel’s essay provides a shocking emotional appeal to the readers. She brought up a great point that in most European countries, they practice â€Å"presumed consent† which is when â€Å"all citizens are considered donors at death unless they sign an anti-donor card†.In my opinion, I believe that it is harder to say no when the situation is right in front of you, than to say no when you are getting your license at sixteen years old. It is definitely easier to just pass by the opportunity to give life to someone else when the situation does not directly affect you. One of the most popular arguments against organ donation is that it is against the person’s religion. According to OrganDonor. gov, most religions encourage transplants because it is not only an â€Å"act of charity, fraternal love, and self sacrifice,† but also an act of giving.In the instance of The Greek Orthodox Church, they are â€Å"not opposed to organ donation as long as the organs and tissue in question are used to better human life. For example: transplantation or for research that will lead to improvements in the treatment and prevention of disease. † The Greek Orthodox is among twenty-six other religions, including United Methodist, Mormons, Lutherans, Judaism, Islam, Catholicism, Buddhism, Baptist, Amish and The Christian Church that all believe organ donation is beneficial and at the same time, is encouraged.In her essay, Satel used emotional appeal to persuade her audience that everyone should be an organ donor. She added her own experience in the beginning that was both interesting and attention-grabbing, which made the essay much more personal to the reader. There was also a lot of shocking statistics that increased her argument to something stronger and more rational. She never criticized people that choose not to be organ donors, but instead made it clear that it would be an advantage to both the donor and recipient.She successfully gave counterarguments and was able to switch them around to something positive that helped support her argument. The one thing that dissagree with in this article was that she brought up a point hinting that sperm, egg and surrogate mothers were the same thing as donating organs. I do not believe this at all, because when someone gives sperm or an egg they are giving away a carbon copy of themselves for no reason other than to give another family a child.It is not a life or death situation like organ donation is and giving away copies of yourself has nothing to do with after-death procedures. That part of the essay should have been omitted because it is completely irrelevant and useless information. Satel also spent a lot of time on her personal story at the beginning. It was a nice start to her essay but it was a little bit too much and she should have had more information about why the opposing views are wrong as well as more benefits to donating organs.I agree completely with Satel’s reasoning that giving incentives would increase the total amount of donors and I believe that those measures should be taken as soon as possible. Innocent lives are being lost everyday just because there are not enough people in the United States that put â€Å"organ donor† on their driver’s licenses. Those two, very simple words can mean the world to someone on the waiting list, and there is no reason why everyone shouldn’t be a donor, especially with financial incentives.

Nietzsche and “The Problem of Socrates”

Without a doubt, Nietzsche was one of the great thinkers of his time.   He showed great insight into some of the social ills that existed at his time and sought to find ways in which to correct them.   Like Marx, Nietzsche believed that, to some extent, the root of many social ills came from the division between the classes and with the decadence of those with wealth.   In the case of the â€Å"problem† of Socrates, Nietzsche moves somewhat beyond the typical Marxist argument and questioned the wisdom of Socrates in other ways.   Although Nietzsche drew extensively from ancient texts to support his arguments about Socrates, the conclusions to which he came were completely modern in their nature. For his first argument, Nietzsche states that all sages have concluded that life is devoid of positive meaning (Nietzsche par. 1).   To support this argument, he cites Socrates’ conclusion that life equals sickness.   Socrates, Nietzsche argues, was not just tired of life himself; rather, his decadence was the symptom of a decline in society himself.   Not only was Socrates a â€Å"great erotic† (Nietzsche par. 8), but he was also an indication of how society itself was decadent. Nietzsche goes on to argue that Socrates was not a wise man at all.   Although it is usual to admire Socrates for his deeply analytical mind, Nietzsche argues that it is the philosopher’s overindulgence in this particular virtue that makes him decadent to begin with.   In fact, Nietzsche argues that Socrates was truly the opposite of everything that he was purported to be, and might not even be Greek at all.   To support these arguments, Nietzsche relies not only the texts that come from the time at which Socrates lived, but also on the writings of scientists, the â€Å"anthropological criminologists,† who argue that criminals are typically ugly people. In the eyes of Nietzsche, it appears that Socrates is not what he appears at first blush at all.   It is well known that Socrates came from the plebian class, but Nietzsche also argues against his ugliness, which appears in both writings on and sculptures of Socrates.   If Socrates was ugly and conventional wisdom at the time during which Nietzsche lived was that criminals are ugly, is it not possible to argue that Socrates was not a great man, but, rather, a criminal? And, because criminals are typically decadent, it is not possible to support, at least by arguments of the times, the statement that Socrates was decadent as well?   If these things are true, then Nietzsche can feel justified in arguing that Socrates was not a great man and that all of the philosophers that followed him through the leadership of Plato were also symptomatic of all that was wrong with Socrates and with his form of reasoning. Where Socrates fails, in the mind of Nietzsche, is in his overwhelming need for and reliance upon reasoning.   Prior to Socrates, Nietzsche points out, argumentation in polite society did not exist in polite society.   In fact, Nietzsche argues, the argumentation that Socrates relied upon was the vanquishing of â€Å"a noble taste† in which people did not live solely by reason, but through personal responsibility and personal morality, through instincts, rather than reason. It is through the writings that come down to this age, in which Socrates is depicted as an ugly man that is ruled solely by reason, that Nietzsche is able to draw his very modern conclusion: man without instincts is a diseased creature who has no desire to live.   Using this argument, Socrates did not bravely face his execution; instead, he wanted to die because he was not true to his instinctive human nature and, thus, had become infected with the decadence brought about by his over-reliance on logic, reason, and morality imposed from an exterior source. All of Nietzsche’s reasoning, of course, is based on his own desires to support his own arguments.   It is not difficult to trace a decline in Greek society over the centuries, but whether this decline is directly correlated with the reason imposed by Socrates and later by Plato it is impossible to say.   Rather, it appears that Nietzsche is making the argument to support his belief that human beings are instinctive creatures that are best when they are overflowing the restrictions imposed by society. Socrates’ form of reasoning, Nietzsche argued, was a last resort of a failing society.   This Socratic reasoning did not so much remove decadence from society as it did simply change that decadence into another form. The removal of instinct from society’s grasp and, in fact, the actual opposition that society had to the instinctive nature of humanity, was the cause of the disease that Socrates personified–at least in Nietzsche’s opinion. At the time that the ancients were writing in praise of Socrates, it was to their benefit to do so.   A new form of society was coming into being and Socrates was the forerunner of the kind of citizen that would populate it.   If Socrates was denigrated in writings during the time at which he lived, it was not because he was decadent or ugly, but because he challenged the society in which he lived. Nietzsche, however, chose to interpret the writings that he studied as proof that Greek society was in decline due to the rise of reason over instinct, which would thus support his argument that the ills and decadence of modern society sprang from the morals and reason that were being imposed upon the world.   In a very real sense, it can be argued that Nietzsche skewed the historical writings he studied to support his modern philosophical statements. Nietzsche argues that as long as reason and external morality is imposed upon society, the people who live within it are diseased and devoid of reasons to live.   He indicates that all of the sages throughout the ages have come to this conclusion, including Socrates, who came to such a conclusion about his own right.   Nietzsche came to very different conclusions than those that were reached by the people upon whose texts he based his reasoning because of his imposing modern values upon the writings of these ancient texts.   By using his own reasoning and the reasoning suggested by then-modern scientists, Nietzsche supported his own agenda that argued against reason and for instinctive humanity. Work Cited Nietzsche, F.   â€Å"The Problem of Socrates.†Ã‚   18 Dec 2007. .

Little Red Riding Hood and the Wolf by Roald Dahl Essay

Little Red Riding Hood and the Wolf by Roald Dahl - Essay Example Roald Dahl takes this story and narrates it in his own way. According to Dahl, the wolf after feeling hungry, reached grandma’s door and after knocking, ate her up. However, he was still hungry due to which, he waited took the clothes of grandma and posed to be her. But in this story, Dahl not only saves the little girl but also kills the wolf with the hands of the little girl. Lastly, the girl is shown wearing a furry coat of the wolf’s skin, leaving her red hood and cloak (Orrell & Jones, 2004). The most significant change that the writer makes to the traditional tale is modernizing the tale by giving the little girl a pistol and showing her interest in the wolf’s skin for her coat. There are many other changes such as there is no introduction as to the mother of Little Red Riding Hood, she was out of grandma’s house for a walk in the forest. At reaching the juncture where the girl asks the wolf about his big teeth, she omits this question on which, the wolf gets upset and tells her that he would eat her even then. This upsetting of the wolf and then the girl’s whipping a pistol from her knickers and finally shooting the wolf with a â€Å"bang bang bang†, everything is quite humorous and adds color to the story. In the traditional tale, the wolf not only kills the grandma but also the little girl giving a moralistic ending while in the modern tale, there is comedy and indication of the intelligence that human beings keep. The message that is hidden in the newly developed Little Red Riding Hood is that human beings whether they are young or old can make use of even the wildest creatures for their own benefit. In addition, this message can also be taken from the story that nowadays, the little children are not as innocent as the Red Riding Hood of the old times was. Today’s children are much sharp and smart and know how to defend themselves. However, the grandma’s gets eaten by the wolf because of her negl igible resistance power and her age. The little girl is no more coward, she is intimidating for those who are troublesome for her. In Dahl’s story, wolf was himself aware of the grandma’s house and did not ask it while in the traditional tale, the address was asked technically from the little innocent child who gave the address explicitly. The wolf also prepared to be grandma by combing and curling his hair, putting on grandma’s shoes and his clothing along with hat while in the traditional tale, the wolf just got into the grandma’s bedding. The little Red Riding Hood of the traditional tale is unable to identify the wolf in her grandma’s bed due to which, she becomes the wolf’s eatable while in the modern tale, the little child after asking only two questions, identifies the wolf from his furry and hairy skin and also finds some interest in him as her future coat. After recognizing his proposition, she at once, draws her pistol to shoot the wild animal at his head. The girl is also shown skilled at using the pistol as she not only fires it but fires it perfectly in the head of the wolf. Her fire does not go useless as she successfully kills the wolf. Even the girl changes her outfit by showing that the old outfit was silly and new one is furry and lovely. After noticing a lot many changes in the newly written story by Roald Dahl, it is quite clear that the little Red Ridi

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Business organisation policy - Assignment Example Management consultant may be also viewed as lacking of familiarity with the organization and there might be lack of responsibility, accountability for results. Management consultant offers fresh perspective considering that in a certain company for instance, the CEO might be so confined with the issue that it would be hard enough to look for other fresh, new and reliable perspective. One of the ways to look at new perspective is to hire management consultant. Management consultants are known to be exposed to different perspectives considering that they try to tackle issues most often regarding business consultancy. Thus it is a fact that they have certain information that they might be able to use prior to making suggestions and explaining new perspectives. Management consultants are known as separate entities of the business. As such there is a remarkable reason to believe that they have no vested interest of the company for as long as they are paid on their service rendered. Unlike hiring those internal employees, vested interest is remarkably observed leading to more complex problem of the company in the long run. Management consultants are objective in giving their opinions and results. Management consultants have no specific time they intend to work for someone else. Thus, it is important to consider that they are of great help to managers who barely have time for management decision concerns. For legal, regulatory and ethical reasons, management consultants are more objective when it comes to giving results. Thus, it is important to understand that management consultants are paid to be objective enough in giving details and results for whatever the management wanted to find out. Hiring management consultant can be costly. This is due to the fact that the mere purpose why management consultants are rendering services is about making additional income. Thus, the management of a company must be able to provide monetary aspect in return of the services

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Case study Questions - Essay Example Terra Firma has recently been faced by several challenges such as poor infrastructure as a result of underinvestment, overstaffing and majorly the unpredictable markets for main products like the X-ray machines, CT scanners and Magnetic Resonance Imaging (MRI) due to advanced innovations in technology, pressure resulting from competition and regulations made by the government of the United States (US) and Europe. The main problem faced by Terra Firma therefore is market for its major products. Most of these problems can be attributed to poor Information Technology (IT) infrastructure. The company was well grounded in IT until the system crashed and it encountered several problems and incurred so many losses. Terra Firma sought to improve its market for the products by employing several service strategies including investing heavily in IT operations. Due to technology, great innovations came by and other companies were able to outdo Terra Firma thereby giving it a stiff competition. The challenges faced by the Terra company calls for remedies in order for the company to stand out among its competitors. Terra Firma’s market ranges from ‘large medical equipment vendors such as General Electric’s (GE), Siemens, Philips, Hitachi and Toshiba’ (Case competition 2010) Due to the increase in health care risks and costs may companies would go for equipments that are highly effective and are of lower cost. Terra Firma will also be required to look for more markets like single internal customers in addition to the multiple internal customers. Apart from IT operations, Terra Firma could engage in other IT areas like IT security where the company could develop new communication policies and protocols within and without the Terra Company. IT security will also aid in recovery in case of a problem. The other IT area that the

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Macro economics Assignment Example | Topics and Well Written Essays - 3500 words

Macro economics - Assignment Example High rates of inflation affect the output of the economy and influence the growth of the economy. A permanent or long lasting inflation shock affects the economy on a larger note. On the other hand, the continuous rate of deflation leads to a persistent decline of prices and affects the economy at large1;2. With this regard, the assignment elaborates the present issue of euro zone with respect to the below target inflation rate. The different consequences that may arise due to deflation have been elaborated in the paper. Furthermore, the different macroeconomic tools that are available to avoid such side effects have been detailed. Inflation rates that are prevalent within a country help in determining the different monetary policies important within an economy. Inflation rates help in determining various conceptions predominant for determining monetary policies of a nation. The monetary policies guide in developing different economic frameworks to be determined within an economy. The below target of inflation affects the economy on a whole and has a major impact on the output of a nation. The long run inflation targets are one of the major issues that help in determining the different economic operations of a nation. Inflation rates that are operating in a nation determine the interest rates and the value of money at large. Inflation rates can never be zero, as this would be highly unrealistic and would lead to a larger fall in the value of money within the economy. Both continuous rise and fall in the rate of inflation has adverse effects on overall economy of a nation. Below target inflation, for a continuo us rate may lead to a steep fall in GDP and even lead to a fall in the value of money3;4. With the above mentioned concepts, the below target inflation rate in the Eurozone has been lower than the estimated rate of inflation for a given tenure. This is even noted that the specific monetary as well as fiscal policies that are

Psychology Homework Essay Example for Free

Psychology Homework Essay The argument I have chosen to use is one that was between my friends and I. It was the early hours of the morning and we were at a Jacuzzi party. We were discussing the topic of wages and how much those of us who worked were earning. We then started talking about football players and how they earn millions of pounds for doing a very unnecessary and over paid job; compared to people who offer a service for the country such as those in the NHS or the armed forces who spend all day risking their lives or saving other peoples. The two main points of the argument were: 1. ‘Yes, Footballers are over paid but that is the way it is and that’s how it fits into the national framework’ This point was shared by everyone in the argument, except one person 2. ‘Footballers are paid to much and it should be changed now! ’ This point was shared by one person The people who believed in point 1, myself included showed how their point was valid. They showed that even thought it is not morally right for footballers to earn that much money compared to the amount of work they do or in comparison to people in public services but that is the way it is and with out them Public services would not be able to run as easily. We showed this by explaining the national frame work. The money that is earnt by the footballers is taxed greatly, some as much as 40%, This money is then distributed between education, social security, the NHS and many other things. The other person was still on a one tracked mind that it was just wrong and should be changed. So we explained it again and after much persuasion he started to see things our way. He then started to change the argument and incorporated big companies such as McDonald’s and Nike. His point was that they employ people in under developed countries to work for them because it’s cheap labour and it allows them to make a massive profit margin. The whole group agree that this was wrong but being the well balanced young adults we are, we looked at both sides. Some of our outcomes were that even though to us it seems like an unacceptable wage, the people employed are at least employed. We went far beyond people in Asia and right to where we lived. To other people, 16 and 17 year olds being paid just over minimum wage to work long hours and do jobs other people would say no to, is fine by them. In fact, after this argument a lot of people involved realised it was about themselves. How ironic?

Factors Affecting Hand Washing Compliance

Factors Affecting Hand Washing Compliance Factors Affecting the Compliance of Hand Washing Among Healthcare Workers in a Long-term Care Facility in Los Angeles, California Noela Gadingan Samantha Tweeten, PhD Healthcare workers deal with different types of patients every day. Every patient has their own microorganisms that contributed to the development of their diagnosis. Hand hygiene plays a critical role especially among healthcare workers as they deal with not only one but several patients. Hand washing is vital in the prevention of the different hospital acquired infections or also known as the nosocomial infections. The increasing incidence of nosocomial infection is very alarming knowing that there are many organizations such as the Joint Commission and Centers for Disease Control and Prevention who exert effort to implement the guidelines of hand hygiene among healthcare workers. A research article on a survey on hand washing practices and opinions of healthcare workers shows that healthcare workers knew the importance and benefits of hand washing, but still, they tend to overestimate their own compliance. It also shows that healthcare workers were more concerned on the different interventions that would make hand washing easier (Harris et al., 2000). Another research article on hand hygiene compliance rate in the United States of America presented a 12-month multicenter collaboration where researchers measured the product usage and provided feedback about hand washing compliance to assess the hand washing compliance rates in the United States of America. The result shows that the rate of hand washing among healthcare workers is still at or below 50%; the researchers suggest that with the combination of monitoring and providing feedback, compliance rate would increase (http://ajm.sagepub.com.ezproxy.nu.edu/content/24/3/205). The researcher of this study chose this topic because there are many programs and organizations that exerted efforts, time, and money to implement hand washing, yet there are still incidences of non-compliance. The topic on hand washing seems is common and seems to be easy yet ignored by some individuals. As a result, there are a lot of unanswered questions on the aspects of hand washing compliance. The increasing incidence rate of nosocomial infections among the patients provides a significant reason to conduct this research study. Healthcare providers are expected to care, cure, and help patients achieve a quality of life; thus, hand washing should not be a want but rather a need. However, there are some knowledge gaps that still need answers and limitations that may not have given a complete solution to address this issue. The purpose of the study is to know the different factors that affect the compliance among healthcare workers in a long-term care facility in Los Angeles California and to assess the knowledge and attitude of the healthcare workers concerning the practice of hand washing. The hypothesis is that there are several factors affecting the compliance of hand washing among healthcare workers, such as lack of awareness, lack of education on the importance of hand washing, personal attitude of healthcare workers, and insufficient supply of hand washing materials. The researcher believes that through knowing the different factors that affect the compliance of hand washing among healthcare workers, it would give benefits not only among individuals but also to the community and society as a whole. Individuals, both patient and healthcare providers, protect themselves from different infectious diseases knowing that proper hand washing is the universal precaution. It would also help build a healthy community if there will be an absence or decrease incidence of infectious diseases. To the society as a whole, it would help in developing appropriate planning to identify the different solutions that would address the different factors identified. It would contribute to the different healthcare organizations and health policy makers to implement suitable actions and would hopefully achieve 100% compliance among healthcare workers and decreasing incidence rate of nosocomial infections among patients. Review of Literature A research study by assessed the knowledge, attitude, and practice of hand washing among healthcare workers in Ain-Shams University Hospital and had an inspection of 10 wards on that hospital for facilities needed for hand washing (Elaziz, 2009). A cross-sectional study was being conducted from the period of June until November 2006. For the data collection of this study, 10 infection control nurses were trained on how to carefully observe hand washing opportunities and to fill out forms needed for the study. There were three research instruments used: observation form on hand washing, form on ward inspection, and, to assess the knowledge and attitudes of healthcare workers regarding hand washing, a self-administered questionnaire was used. The results showed that doctors had a 37.5% compliance, which is significantly higher compared with the other groups of healthcare workers, but only 11.6% executed the proper hand washing correctly. Routine hand washing, which is 64.2%, was the mo st common type of hand washing that is being practiced among healthcare workers, compared with the antiseptic hand washing, which is only 3.9%. In addition, inadequate supply of paper towels was identified as another factor. Nurses were identified to have more knowledge on hand washing compared with doctors. They believed that to increase the compliance on hand washing, administrative orders and a continuous observation as well must be implemented. The researchers of this study suggested that to give solution to theses factors that affect the compliance of hand washing, there should be an implementation on multifaceted interventional behavioral hand hygiene program that would monitor and provide performance feedback, an increase in hand washing supplies, and an institutional support. McGuckin, Waterman, and Govednik (2009) studied on hand hygiene compliance rates in the United States of America. Their study is a 1-year multicenter collaboration with the use of a product/volume usage measurement. All healthcare facilities were offered the measurement program. The only criteria for enrollment that was used in the study was the site’s willingness to submit the monthly summaries of the volume of the product usage and patient bed days to a more secure protected database that is important in generating, measuring, and benchmarking reports. The sites that were enrolled were encouraged to make use of the reports in giving feedback to the healthcare workers. They received as well an implementation manual, and they would also receive a support from the researchers of the study in implementing the program at their site. The researchers made use of three reported methods of measuring the hand washing compliance. These are as follows: direct observation, healthcare wor kers self-reporting, and an indirect calculation based on the product usage of hand washing. The results showed that hand washing compliance in an intensive care unit were 26% and 36% for non-ICUs. Meanwhile, after 12months of measuring the usage of product and giving feedback, the compliance rate increased to 37% for ICUs and 51 for non-ICUs. However, the compliance rate on hand washing among healthcare workers is at or below 50%. The researchers suggested that to give solution to this, there must be a combination of monitoring and feedback to increase the compliance rate. Aziz (2013) studied on how availability of materials improved the hand hygiene compliance. The annual National Health Survey provides healthcare workers the opportunity to share their opinions on the availability on the materials used in hand washing. There were three community buildings and 31 wards that were reviewed to assess the availability of materials needed in hand washing, as well as alcohol hand rub located on wards and at entrances. The results showed based on the audit that in 30 out of 34 areas, the availability of hand washing materials was good. Both staffs in ward and in community emphasized what other materials were required for hand washing. After knowing the inadequacies, steps were made to provide these. The audit carried out made the practice of hand washing to be benchmarked across the trust and enhanced the awareness of the staff on the importance of hand washing. Therefore, as a result of this, compliance of hand washing among healthcare workers increased from 80% to 95%. A survey on hand washing practices and opinions of healthcare worker was conducted (Harris et al., 2000). The research instrument that was used in this study is a 74-question survey that was given to healthcare workers in two tertiary care hospitals. The result of the study shows that healthcare workers knew the importance and benefits of hand washing, but still, they tend to overestimate their own compliance. It also shows that healthcare workers were more concerned on the different interventions that would make hand washing easier. The different literature review from the four researches provide an explanation to conduct further studies to enhance the compliance rate of hand washing practices among healthcare workers. Alhough there are many studies conducted previously from different researchers, there is still a need to know more on the different factors why we cannot achieve a 100% compliance among the healthcare workers who were known to care and cure the sick. Methods The participants of the study are the healthcare workers, which includes the following: doctors, nurses, nursing assistants, and therapists. It will include both male and female, all types of ethnicity, and age. They must be a current employee in a long-term care facility. This research study will make use of a cross-sectional study design that will be conducted in a long-term care facility in Los Angeles in a period of 2years. The researcher will conduct a study observation where different areas in the healthcare facility will be checked. The observation will be carried out where healthcare workers usually do invasive procedures, have personal contact with the patients, and perform non-invasive procedures such as taking the vital signs of the patients and obtaining specimen for the laboratory, during waste disposal. For the data collection, it will make use of the same process that was carried out on the research study by Elaziz (2009). In collecting data, there will be two infection control nurses who will be trained on doing the hand washing observation and in filling out the observational and ward inspection form. In a covert manner, the nurses that were trained will fill out the observational form, which records whether hand washing was carried out or not and if it is carried out appropriately or not. He or she will also record the type of hand washing that was carried out by the person observed and note what type of errors that was committed when it was done incorrectly. In checking the availability of the hand washing materials, which include soaps, sinks, towels, drying materials, and hand washing posters and guidelines, a ward inspection form will be filled up. There will be three research instruments that will be used in gathering the data for this research study. The same research instruments that were used by Elaziz (2009) in her study will be used. The three research instruments are observation form of hand washing, form for ward inspection, and, to know whether there is lack of awareness and education and whether a problem on healthcare workers attitude is a factor, a self-administered questionnaire will be used as part of the research instrument. The self-administered questionnaire would assess whether lack of awareness and education, and personal attitude among healthcare are factors affecting the compliance on hand washing. The questionnaire to assess for lack of awareness and education will include different questions covering different aspects of hand washing practices, including the use of time, proper execution, and materials needed for hand washing. A Likert scale will be used in assessing the attitude of healthcare workers. Th e program that will be used for data entry, checking, and analysis will be the Statistical Package for Social Science. For the ethical consideration, the approval of the design and the different steps of the study were conducted with the different members of the infection control unit in a long-term care facility in Los Angeles, California. This study will prepare informed consent forms that will provide prospective study participants information regarding the research. The observation of hand washing practices among healthcare workers is already considered as a routine checking of infection control activities by the infection control nurses. The bias that may include in this study is information bias because participants may not provide honest answers to appear in compliance to the guideline on proper hand washing. Another bias that might happen is the measurement bias when a research cannot control for the effects of the data collection and measurement, knowing that self-administered questionnaire is one of the types of the research instrument used in this study The limitation of the study will include the possible biases that might be present especially in the data collection process, which will affect the credibility and reliability of the result of the research study, and the time and resources in conducting this research study. References Aziz, A. (2013). How better availability of materials improved hand-hygiene compliance. British Journal of Nursing, 22(8), 458–463. Elaziz, K. (2009). Assessment of knowledge, attitude and practice of hand washing among health care workers in Ain Shams University hospitals in Cairo. Journal of Preventive Medicine and Hygiene, 50(1), 19–25. Harris, A. D., Samore, M. H., Nafziger, R., Rosario, K. D., Roghmann, M. C., Carmeli, Y. (2000). A survey on hand washing practices and opinions of healthcare workers. Journal of Hospital Infection. doi: 10.1053/jhin.2000.0781 McGuckin, S., Waterman, R., Govednik, J. (2009). Hand hygiene compliance rates in the United States—A one-year multicenter collaboration using product/volume usage measurement and feedback. American Journal of Medical Quality. doi: 10.1177/1062860609332369

carnegie hall :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  On Sunday afternoon November 21, 1999, at 2:00 p.m.at 419th Concert Worldwide, 330th in New York, 218th in Carnegie Hall I attended a MidAmerica production that presented the New England Symphonic Ensemble. This concert contained several different compositions by large groups of musicians, including an orchestra band, and chorus. This concert was divided into three different parts. First there was the Vivaldi which was divided into 12 sections. Virginia-Gene Rittenhouse was the music director, Raymond Sprague was the conductor, Judith Von Housers Voice was the soprano, Mary Nessinger voice was the Mezzo soprano, and Elizabeth Hastings was the portative. There was a reprise in the first section Gloria which opened up the symphony.   Ã‚  Ã‚  Ã‚  Ã‚  Following the first intermission the musicians performed Magnificant by Mohaycn, Ave Maria op 12 by Brahms, Magnificant by Vaughan Williams, and Canticle of Mary by Larson. Nancy Menk was the conductor, Judith Von Houser's voice was the soprano and Mary Nessinger the Mezzo-soprano. The first three sections were settings of the magnificant text all for women's of tremble voices and orchestra. This recital was more dramatic due to the addition of the precussion that added a yelling sound in the end of the last section Canticle of Mary which portrayed Mary's free spirit. Also they played a solovin oboe Manificant by Williams.   Ã‚  Ã‚  Ã‚  Ã‚  Following the second intermission the musicians performed the Puccini which was divided into six sections. Solveig Holmquist was the conductor, Thomas C. Laine was the tenor and James Demler voice was the baritone. The chorus carries the major burden of their music. Thomas C. Laine presented the tenor in Credo, and James Demler presented the baritone in Agnas Dei. This piece also contained fugue and a chorale. Also all the instruments were blended together to produce harmony.   Ã‚  Ã‚  Ã‚  Ã‚  In the first part of this recital the vivaldi, contained a string Quartet. After the first intermission, I looked down at the podium and noticed that the precussions were added which included the timpani, bass drum, tylophone, and cymbals. In this recital Nancy Menk was the conductor, Judith Von Houser was the soprano which played a high note, and Mary Nessinger was the Mezzo-soprano which played a slight softer note. This part of the concert was divided into four pieces. First there was the Magnificant by M. Haydn (the orchestra accompaniment was edited from the composer's manuscript by Mark Nabholz). This piece consisted of strings without violas, two french horns, and an organ. carnegie hall :: essays research papers   Ã‚  Ã‚  Ã‚  Ã‚  On Sunday afternoon November 21, 1999, at 2:00 p.m.at 419th Concert Worldwide, 330th in New York, 218th in Carnegie Hall I attended a MidAmerica production that presented the New England Symphonic Ensemble. This concert contained several different compositions by large groups of musicians, including an orchestra band, and chorus. This concert was divided into three different parts. First there was the Vivaldi which was divided into 12 sections. Virginia-Gene Rittenhouse was the music director, Raymond Sprague was the conductor, Judith Von Housers Voice was the soprano, Mary Nessinger voice was the Mezzo soprano, and Elizabeth Hastings was the portative. There was a reprise in the first section Gloria which opened up the symphony.   Ã‚  Ã‚  Ã‚  Ã‚  Following the first intermission the musicians performed Magnificant by Mohaycn, Ave Maria op 12 by Brahms, Magnificant by Vaughan Williams, and Canticle of Mary by Larson. Nancy Menk was the conductor, Judith Von Houser's voice was the soprano and Mary Nessinger the Mezzo-soprano. The first three sections were settings of the magnificant text all for women's of tremble voices and orchestra. This recital was more dramatic due to the addition of the precussion that added a yelling sound in the end of the last section Canticle of Mary which portrayed Mary's free spirit. Also they played a solovin oboe Manificant by Williams.   Ã‚  Ã‚  Ã‚  Ã‚  Following the second intermission the musicians performed the Puccini which was divided into six sections. Solveig Holmquist was the conductor, Thomas C. Laine was the tenor and James Demler voice was the baritone. The chorus carries the major burden of their music. Thomas C. Laine presented the tenor in Credo, and James Demler presented the baritone in Agnas Dei. This piece also contained fugue and a chorale. Also all the instruments were blended together to produce harmony.   Ã‚  Ã‚  Ã‚  Ã‚  In the first part of this recital the vivaldi, contained a string Quartet. After the first intermission, I looked down at the podium and noticed that the precussions were added which included the timpani, bass drum, tylophone, and cymbals. In this recital Nancy Menk was the conductor, Judith Von Houser was the soprano which played a high note, and Mary Nessinger was the Mezzo-soprano which played a slight softer note. This part of the concert was divided into four pieces. First there was the Magnificant by M. Haydn (the orchestra accompaniment was edited from the composer's manuscript by Mark Nabholz). This piece consisted of strings without violas, two french horns, and an organ.

Geography of Japan Essay -- hokkaido region, potsdam declaration

Japan is known for its contemporary culture and advancement in electronics and engineering. We could also learn from the traditions Japan can offer. From advancement in cars and electronic devices, Japan holds on to ancient arts and traditions that play a role in their daily life. Japan has various climates from tropical in the south to cooler temperatures in the north, and the famous tourist site of the active volcano Mount Fuji. Mount Fiji is the highest mountain in Japan, with a tundra climate the temperature is low and covered with snow causing. The average temperature is always below freezing, excluding the summer. Geography of Japan Japan is a country made up by a chain of thousands of islands on the Pacific Ocean. Japan is located to the east of South and North Korea, China, and Russia. The Sea of Japan separates the Asian continent from the Japanese’s islands. Honshu, Hokkaido, Kyushu and Shikoku are the largest islands of the country. Japan officially divided into the following eight regions: Hokkaido, Chubu, Shikoku, Tohoku, Kinki/Kansai, Kyushu and Okinawa, Kanto, and Chugoku. The eight regions divide into 47 prefectures, which are similar to the 50 States in America. Eight Regions The Hokkaido region is in the Hokkaido Island, the northernmost of the islands and the second largest. This region mostly known for the beautiful scenery offer by the mountainous terrain, volcanoes and the vast amount of lakes has become the fishing and agricultural most important industries that motivate the Hokkaido region. This region also defers from the rest because of the location and mountain ranges that help maintain the region cooler in the summer and the winters are the coldest of all the Japans regions. Chu... ...4). Japan: Government. Web. 17 Nov. 2015. http://globaledge.msu.edu/countries/japan/government Japan-Traditions,Holidays, and Folklore. (2001). Web. 14 Nov. 2015. http://acad.depauw.edu/~mkfinney/teaching/Com227/culturalportfolios/japan/traditions.htm Japan: Geisha Culture. Discovery.com. (2014). Web. 11 Nov. 2015. http://dsc.discovery.com/tv-shows/other-shows/videos/discovery-atlas-japan-geisha-culture.htm3 Japan National Tourism Organization. Web. 15 Nov. 2015. http://www.jnto.go.jp/eng/indepth/cultural/experience/a.html Web-japan.org. Web. 15 Nov. 2015. http://web-japan.org/factsheet/en/pdf/e03_flora.pdf Merriam-Webster.com. (2014). Parliamentary Government Definition. Web. 17 Nov. 2015. http://www.merriam-webster.com/dictionary/parliamentary%20government Web-japan.org. Web. 15 Nov. 2015. http://web-japan.org/factsheet/en/pdf/e02_regions.pdf

The Slavery of the Millennium Essay -- Ethical Issues, Sex Traffickin

It is common ideology that slavery is a thing of the past. This is far from true; sex trafficking is prominent all across the world on a massive scale and is the new form of slavery. According to the U.S. Department of State estimates that 560,000 women are trafficked each year across international borders and forced into the sex industry. {{34 Holman,M. 2008; }} Other non-government programs such a UNICEF have these numbers in the millions. {{34 Holman,M. 2008; }} The real numbers of sex trafficking are unknown, but the problem is evident. The general public is unaware of the sex trafficking epidemic because the forced labor business is not only inhumane: it is well hidden. The business is kept underground due to the stigma associated with prostitution. Because of this most of workers of the business are from â€Å"forced recruitment†. {{25 Samarasinghe,Vidyamali 2007; }} Sex trafficking is not only an issue over seas, it is also a problem in the United States a culture tha t â€Å"glamorizes pimping and prostitution."{{31 Kotrla,K. 2010; }} This culture of tolerance, fueled by the glamorization of pimping, is embodied in multiple venues of daily life, including clothing, songs, television, video games, and other forms of entertainment. Traffickers easily control victim of their trade by using techniques such as â€Å"force, fraud, or coercion, including techniques such as confinement, beatings, rape, confiscation of documents, debt bondage, false owners of employment, and threats of harm to the victim or the victim's family.†{{30 Potocky,M. 2010; }}Once in the business, it is almost impossible for a victim to escape, and if they do they are not likely to come forward to authorities. There are four main ways out of sex trafficking enslavemen... ...ggling are often confused as activities, and the police and immigration officials are ill-equipped to recognize and respond to the problem as one involving victims as well as offenders.† (28) [add to this] If these simple changes are implemented to the standing sex trafficking legislation, mainly the Victims of Trafficking and Violence Protection Act implemented in 2000 failing in its attempt to prevent trafficking, protect victims, and prosecute traffickers. The TVPA will be up for reauthorization in November 2011. As this quickly approaching, it is imperative the public is educated on the human exploitation that is often ignored. Sex trafficking is a global problem that can only be taken down by the help of a government that recognizes the weakness in its current policy. The victims and the public deserve better than the U.S. government has done thus far.

Functions of Reserve Bank of India Essay

1. Information. Fights against economic crisis and ensures economic and price stability in the country 2. Promotional Functions 3. Promotional of banking habit and expansion of banking systems. Provides refinance for export promotion. Expansion of facilities for the provision of agricultural credit through NABARD 4. Extension of facilities for the Small Scale Industries. 5. Helping the co-operative sector. 6. Prescription of minimum statutory requirements. Innovations in banking business. A. Traditional Functions The RBI functions on the traditional lines regarding the following activities. 1. Monopoly of Note Issue In terms of Section 22 of the Reserve Bank of India Act, the RBI has been given the statutory function of note issue on a monopoly basis. The note issue in India was originally based upon â€Å"Proportional Reserve System†. When it became difficult to maintain the reserve proportionately, it was replaced by â€Å"Minimum Reserve System â€Å". According to the RBI Amendment Act of 1957, the bank should now maintain a minimum reserve of Rs.200 crore worth of gold coins, gold bullion and foreign securities of which the value of gold coin and bullion should be not less than Rs.115 crore. RBI manages circulation of money through currency chests. Originally RBI issued currency notes of Rs.2 and above. However, due to higher cost of printing small denomination notes these denominations are now coincides and issued by Government. Currency Chests Currency Chests are receptacles in which stocks of issuable and new notes are stored along with rupee coins. Currency Chests are repositories run by RBI, SBI, subsidiaries of SBI, public sector banks, Government Treasuries and Sub treasuries. Currency Chests help in expansion and contraction of currency in the country. The advantages for a bank having currency chest are: (i) The bank can draw funds whenever it is required for its use and deposit funds when found surplus. (ii) Exchange old and mutilated notes for new notes and coins (iii) Enjoy remittance facilities (iv) Cash remitted to currency chests by banks can be taken into account for maintenance of CRR. The currency chests maintained by public sector and few private sector banks are the property of RBI. The value of currency held in the chest belongs to RBI. There are as many as 4150 currency chests with banks in India. 2. Banker to the Government The RBI acts as banker to the Government under Section 20 of RBI Act. Section 21 provides that Government should entrust its money remittance, exchange and banking transactions in India to RBI. Under Section 21A RBI has to conduct similar transactions for State Governments also. RBI earns no income by conducting those functions but earns commissions for managing the government’s public debt. Where RBI has no branch, SBI or its subsidiaries are appointed as agents and sub-agents under Section 45 of the RBI Act. Agency Banks receive commission on all transactions conducted on turnover basis. The RBI extends ‘ ways and means ‘ advances to Central and State Governments. Ways and Means Advances: â€Å"Ways and Means Advances† (WMA) is not a commercial bank credit. It is a system under which the RBI provides credit to Central and State Governments for meeting temporary shortfall in government revenues as compared to the monthly expenditures. In other words, this facility is provided to meet temporary mismatches between revenue collections and revenue expenditures of governments. The maximum volume and period of such advances are governed by agreements between RBI and the concerned government. To the State Governments, this facility is extended under three categories known as 1. Normal WMA 2. Special WMA and 3. as an overdraft facility. It also acts as adviser to Government on economic and financial matters. In brief, as a banker to the Government the RBI renders the following functions: (a) Collects taxes and makes payments on behalf of the Government (b) Accepts deposits from the Government (c) Collects cheques and drafts deposited in the Government accounts. (d) Provides short-term loans to the Government (e) Provides foreign exchange resources to the Government. (f) Keep the accounts of various Government Department. (g) Maintains currency chests in treasuries at some importance places for the convenience of the government. (h) Advises governments on their borrowing programmes. (i) Maintains and operates Central Government’s IMF accounts. 3. Agent and Adviser of the Government The RBI acts, as the financial agent and adviser to the Government. It renders the following functions: (a) As an agent to the Government, it accepts loans and manages public debts on behalf of the Government. (b) It issues Government bonds, treasury bills, etc. (c) Acts as the financial adviser to the Government in all important economic and financial matters. 4. Banker to the BanksThe RBI acts as banker to all scheduled banks. Commercial banks including foreign banks, co-operative banks and RRBs are eligible to be included in the second schedule of RBI Act subject to fulfilling conditions laid down under Section 42 (6) of RBI Act. RBI has powers to delete a bank from the second schedule if the bank concerned fails to fulfill the laid down conditions such as erosion in paid up capital below the prescribed limits and the banks’ activities became detrimental to the interest of depositors, etc. All banks in India, should keep certain percentage of their demand and time liabilities as reserves with the RBI. This is known as Cash Reserve Ratio or CRR. At end November 1999, it is 3 per cent for RRBs and co-operative banks; 9 per cent for commercial banks. They also maintain Current Account with RBI for various banking transactions. This centralization of reserves and accounts enables the RBI to achieve the following: (a) Regulation of money supply credit. (b) Acts as custodian of cash reserves of commercial banks. (c) Strengthen the banking system of the country (d) Exercises effective control over banks in Liquidity Management. (e) Ensures timely financial assistance to the Banks in difficulties. (f) Gives directions to the Banks in their lending policies in the public interest. (g) Ensures elasticity in the credit structure of the country. (h) Quick transfer of funds between member banks. 5. Acts as National Clearing House In India RBI acts as the clearing house for settlement of banking transactions. This function of clearing house enables the other banks to settle their interbank claims easily. Further it facilitates the settlement economically. Where the RBI has no offices of its own, the function of clearing house is carried out in the premises of the State Bank of India. The entire clearing house operations carried on by RBI are computerized. The inter-bank cheque clearing settlement is done twice a day. There is a separate route for clearing high value cheques of Rs.1.00 lakh and above. Cheques drawn on banks in metropolitan cities are cleared on the same day. The RBI carries out this function through a cell known as National Clearing Cell. In 1998, there were in all 860 clearing houses in operation of which 14 were run by RBI, 578 by SBI and others by public sector banks. The RBI acts as a lender of last resort or emergency fund provider to the other member banks. As such, if the commercial banks are not able to get financial assistance from any other sources, then as a last resort, they can approach the RBI for the necessary financial assistance. In such situations, the RBI provides credit facilities to the commercial banks on eligible securities including genuine trade bills which are usually made available at Bank Rate. RBI rediscounts bills under Section 17 (2) and 17 (3) and grants advances against securities under Section 17 (4) of RBI Act. However, many of these transactions are practically carried out through separate agencies like DHFI, Securities Trading Corporation of India, primary dealers. The RBI now mainly provides refinance facilities as direct assistance. Rediscounting of bills fall under the following categories: (i) Commercial Bill: A bill arising out of bonfire commercial or trade transaction drawn and payable in India and mature within 90 days from the date of purchase or discount is eligible for rediscount. (ii) Bills for Financing Agricultural Operations: A bill issued for purpose of financing seasonal agricultural operations or the marketing of crops and maturing within 15 months from the date of purchase or rediscount. (iii) Bills for Financing Cottage and Small Scale Industries: Bills drawn or issued for the purpose of financing the production and marketing of products of cottage and small industries approved by RBI and mature within 12 months from the date of discount. Refinance under agricultural and small scale industries activities are now provided by NABARD by obtaining financial assistance from RBI. Bill for holding or trading in Government securities: Such a bill should mature within 90 days from the date of purchase or rediscounting and be drawn and payable in India, (iv) Foreign bills: Bonfire bill arising out of export of goods from India and which mature within 180 days from the date of shipment of goods are eligible. As lender of last resort the RBI facilitates the following: (a) Provides financial assistance to commercial banks at the time of financial needs. (b) It helps the commercial banks in maintaining liquidity of their financial resources. (c) Enables the commercial banks to carry out their activities with minimum cash reserves. (d) As a lender of last resort, the RBI can exercise full control over the commercial banks. 7. Acts as the Controller of Credit The RBI controls the credit creation by commercial banks. For this, the RBI uses both quantitative and qualitative methods. The important methods used by RBI are, (i) Bank Rate Policy (ii) Open Market Operation (iii) Variation of Cash Reserve Ratio (iv) Fixing Margin Requirements (v) Moral Suasion (vi) Issue of Directives (vii) Direct Action By controlling credit, the RBI achieves the following: (a) Maintains the desired level of circulation of money in the economy. (b) Maintains the stability in the price level prevailing in the economy. (c) Controls the effects of trade cycles (d) Controls the fluctuations in the foreign exchange rate (e) Channelize credit to the productive sectors of the economy 8. Custodian of Foreign Exchange Reserves The RBI acts as the custodian of foreign exchange reserves. Adequate reserves may help maintain foreign exchange rates. In order to minimize the undue fluctuations in the rates it may buy and sell foreign currencies depending upon the situations. Its purchase and sale of foreign currencies from the market is done like commercial banks. However, the objective of the RBI will not be profit booking. It may buy the foreign currency to build up adequate reserves or to arrest unwarranted rise in the value of rupee which may be due to sudden inflow of foreign currencies into India. It may also buy and sell foreign currencies in international market to switch the portfolio of investments denominated in different international currencies depending upon circumstances and needs. The value of India’s Foreign Exchange reserves held by RBI as on June 1998 amounted to Rs.115001 crore. This amount comprises of gold Rs.12826 crore, foreign currency assets and value of IMF currency, viz., SDR (Special Drawing Rights). These reserves are increased to Rs. 1, 38,005 crore in March 1999. The value of foreign currency assets of RBI, which form the largest portion in India’s Foreign Currency reserves, is subject to changes even on daily basis depending upon ruling exchange rates, inflow and outflow of currencies, intervention policy of the RBI, etc. 9. Exchange Control When a country faces Balance of Payment of problems usually when its foreign exchange payments exceed foreign exchange receipts it controls the whole gamut of fore (foreign exchange) transactions and regulates payment system for its advantage. Ever since the beginning of Second World War in 1939 India faced shortage of forex for its development and growth. A Foreign Exchange Regulation Act was originally put in operation from March 1947 and later a new act known as Foreign Exchange Regulation Act (FERA) 1973 was introduced from 1st January 1974. Under this Act, RBI is empowered to regulate foreign exchange outgo and inflow, for example, we cannot buy everything we need from abroad and pay for it in forex. Trade side imports, i.e., merchandise imports are regulated by Director General Foreign Trade in the Ministry of Commerce. Payment for invisible transactions like tourism, foreign visit, dividend/interest payment, etc. is regulated by RBI. Similarly, all forex received or earned by residents in India, like exporters and relatives of NRIs [Non-resident Indian] should be surrendered to banks having license from RBI to deal in forex. However, since 1992, the receivers of forex are permitted to retain certain part of this forex in a separate foreign currency account if they so desire. Such account is known as Exchange Earners’ Foreign Currency Account or EEFC Account. Further, since 1994 many controls exercised by RBI on forex payments were relaxed. These days the RBI regulates forex transactions only to a minimum level and soon the Act, FERA may be replaced by a new Foreign Exchange Management Act. While the purchase and sale of forex, maintenance of foreign exchange reserves/gold, are handled in the Department of External Investment and operations the control and regulations of various other forex transactions are handled in the Exchange Control Department of Reserve Bank of India. The RBI by its operation of credit control and price stability maintains the internal value of domestic currency and ensures its stability External Value of Rupee In terms of preamble to RBI Act, the Bank is also required to maintain external, value of the Rupee. It, however, depends upon many factors like inflation levels, interest rates Balance of payments situation, etc., ruling in different countries on which RBI does not have control. Earlier, till 1993 the RBI uses to prescribe the Exchange Rate of Rupee. The external value of rupee is now determined by market forces. RBI by virtue of its position as the Central Bank of the country and custodian of large forex reserves can influence the level of External Value in the short run. Publishes the Economic Statistics and Other Information The RBI collects statistics on economic and financial matters. It publishes periodically an analytical account of the operations of joint stock and co-operative banks. It presents the genuine financial position of the government and companies. The publications like the report on currency and finance, the report on the trend and progress of banking in India, the review of co-operative movement present a critical account and a balanced review of banking developments commercial, economic and financial conditions of the country. Fights against Economic Crisis The RBI aims at economic stability in the country whenever, there is a danger to the economic stability, it takes immediate measures to put the economy on proper course by effective policy changes and implementation thereof. Promotional Functions These are non-monetary functions. They include the following: 1. Promotion of Banking Habits The RBI institutionalizes saving through the promotion of banking habit and expansion of the banking system territorially and functionally. Accordingly RBI has set up Deposit Insurance Corporation in 1962, Unit Trust of India in 1964, the IDBI in 1964, the Agricultural Refinance Corporation in 1963, Industrial Reconstruction Corporation of India in 1972, NABARD in 1982 and the National Housing Bank in 1988, etc. It has helped to bring into existence several industrial finance corporations such as Industrial Finance Corporation of India, Industrial Credit and Investment Corporation of India for industrialization of the country. Similarly sector specific corporations took care of development in their respective spheres of activity. 2. Provides Refinance for Export Promotion The RBI takes the initiative for widening facilities for the provision of finance for foreign trade particularly of exports. The Export Credit and Guarantee Corporation (ECGC) and Exam Banks render useful functions on this line. To encourage exports the RBI is providing refinance facilities for export credit given by commercial banks. Further the rate of interest on export credits continues to be prescribed by RBI at a lower rate. The ECGC provides an insurance cover on Export receivables. EXIM Bank extends long term finance to project exporters and foreign currency credit for promotion of Indian exports. Students should know that many of these institutions were part of Reserve Bank earlier although they are currently functioning as separate financial institutions. 3. Facilities for Agriculture The RBI extends indirect financial facilities to agriculture regularly. Through NABARD it provides short-term and long-term financial facilities to agriculture and allied activities. It established NABARD for the overall administration of agricultural and rural credit. Indian agriculture would have starved of a cheap credit but for the institutionalization of rural credit by RBI. The Reserve Bank was extending financial assistance to the rural sector mainly through contributions to the National Rural Credit Funds being operated by NABARD. RBI presently makes only a symbolic contribution of Rs.1.00 crore. It, however, extends cheap indirect financial assistance to the agricultural sector by providing large sums of money through General Line of Credit to NABARD. The loans and advances extended to NABARD by RBI and outstanding as on June 1999 amounted to Rs.5073 crore. 4. Facilities to Small Scale Industries The RBI takes active steps to increase the supply of credit to small industries. It gives directives to the commercial banks regarding the extension of credit facilities to small scale industries. It encourages commercial banks to provide guarantee services to SSI sector. Banks advances to SSI sector are classified under priority sector advances. SSI sector contributes to a very great extent to employment opportunities and for Indian Exports. Keeping this in view, RBI has directed commercial banks to open specialized SSI bank branches to provide adequate financial and technical assistance to SSI branches. There are around 30 lakh SSI units operating in India. Meeting their financial needs is one of the prime concerns of RBI. 5. Helps Co-operative Sector RBI extends indirect financing to State Co-operative Banks thereby connects the cooperative sector with the main banking system of the country. The finance is mostly, is routed through NABARD. This way the financial needs of agricultural sector are taken care of by RBI. 6. Prescription of Minimum Statutory Requirements for Banks The RBI prescribes the minimum statutory requirements such as, paid up capital, reserves, cash reserves, liquid assets, etc. RBI prescribes reserves requirements both under Banking Regulation Act and RBI Act to ensure different objectives. For example, SLR prescription is done to ensure liquidity position of the bank. CRR prescription is done to have effective monetary control and money supply. Statutory Reserves Appropriation is done to ensure sound banking system, etc. It also asks banks to set aside provisions against possible bad loans. With these functions, it exercises control over the monetary and banking systems of the country to ensure growth, price stability and sound banking practices. C. Supervisory Functions The Reserve Bank of India performs the following supervisory functions. By these functions it controls and administers the entire financial and banking systems of the country. 1. Granting License to Banks The RBI grants license to the banks, which like to commence their business in India. Licenses are also required to open new branches or closure of branches. With this power RBI can ensure avoidance of unnecessary competitions among banks in particular location evenly growth of banks in different regions, adequate banking facility to various regions, etc. This power also helps RBI to weed out undesirable people from starting banking business. 2. Function of Inspection and Enquiry RBI inspects and makes enquiry in respect of various matters covered under Banking Regulations Act and RBI Act. The inspection of commercial banks and financial institutions are conducted in terms of the provisions contained in Banking Regulation Act. These refer to their banking operations like loans and advances, deposits, investment functions and other banking services. Under such inspection RBI ensures that the banks and financial institutions carry on their operations in a prudential manner, without taking undue risk but aiming at profit maximization within the existing rules and regulations. This type of inspection is carried on periodically once a year or two covering all branches of banks. Banks are obliged to take remedial measures on the lapses / deficiencies pointed out during inspection. In addition RBI also calls for periodical information concerning certain assets and liabilities of the banks to verify that the banks continue to remain in good health. This type of inspection / verification is known as off- site inspection. The RBI team visiting bank offices to conduct verification of books and records is known as on- site inspection. RBI inspects banks under RBI Act only when there is a threat to close down a bank for mismanagement and there is a need to verify the fulfillment of conditions for the status of ‘scheduled bank’. RBI presently conducts inspection of commercial banks, Development Financial Institutions like IDBI, NABARD, etc. Urban Co- operative Banks and non banking financial companies like Lease Financing Companies, Loan Companies. 3. Implementing the Deposit Insurance Scheme RBI Implements the Deposit Insurance Scheme for the benefit of bank depositors. This supervisory function has improved the standard of banking in India due to this confidence building exercise. Under this system, deposits up to Rs.1.00 lakh with the bank branch are guaranteed for payment. Deposits with the banking system alone are covered under the scheme. For this purpose banking system include accounts maintained with commercial banks, co- operative banks and RRBs. Fixed Deposits with other financial institutions like ICICI, IDBI, etc. and those with financial companies are not covered under the scheme. ICICI is since merged with ICICI Bank Ltd. and IDBI is getting converted into a bank. 4. Periodical Review of the Working of the Commercial Banks The RBI periodically reviews the work done by commercial banks. It takes suitable steps to enhance the efficiency of the banks and make various policy changes and implement programmes for the well-being of the nation and for improving the banking system as a whole. 5. Controls the Non-Banking Financial Corporations RBI issues necessary directions to the Non-Banking financial corporations and conducts inspections through which it exercises control over such institutions. Deposit taking NBFCs require permission from RBI for their operations.

Partnership Law Assignment

Introduction and Issues The facts presented here indicate that a partnership has been set up between three individuals and that there is a partnership agreement in place to deal with the operation of the business. Several factual situations have arisen and this will require the partners to look at the agreement entered into between the parties, as well the statutory provisions that are contained within the Partnership Act 1890 (PA). When looking at the situations being presented here, it is recognised that there is a partnership agreement in place and this would need to be seen in its entirety, in order to advise fully. Based on the above, this discussion will look at the facts presented and the extract of the agreement, alongside the statutory provisions, in order to determine ultimately the way in which the various issues raised can be dealt with. This will depend on a combination of the statutory provisions and anything that may be in a partnership agreement. As the partnership agreement has not been see n, the basis of this advice is that the partnership agreement is in keeping with the statutory and common law provisions. Four key issues have been identified and will be discussed in turn. Firstly, there are queries in relation to the potential appointment of either Tina or Helen, both of whom are related to Andrea and for slightly different reasons she wishes them to be included in the partnership. Secondly, there is a question in relation to the potential expulsion of Julia from the partnership. Thirdly, a suggested arbitration clause has been requested and is contained below. Finally, there is the query of the liability of Michael to the supplier and his relationship with the partnership and the supplier, i.e. whether he was acting as an agent. Therefore the supplier could legitimately bring an action against the partnership for the money owed or the question as to whether Michael would be liable personally. Appointment of Tina and / or Helen There are duties placed upon partners by virtue of their entering into partnership arrangements. These are stated in the Partnership Act 1890. Firstly, there is the duty to act in the utmost good faith towards the other partners. Secondly, there is a duty for the partners not to make a personal profit and not to place themselves in a position when the interest conflicts with their duty. As there are three partners within the current partnership arrangements, a majority i.e. two of the partners would be able to agree the inclusion of another partner. In principle, therefore, if Catherine remains unhappy about the proposition, she alone could not block this appointment. It is however argued, particularly in the case of Tina, that Andrea is acting in breach of her fiduciary duties to the partnership by attempting to include Tina, simply so that the partnership could remain within her family, in the future. There is a strong argument that putting Tina forward is a conflict of interest an d therefore should not be allowed by virtue of the Partnership Act. Therefore, Catherine could present this argument, even if she remains in a minority. The position in relation to Helen is somewhat more complex, as it could be argued to be in the partnership’s best interests to recruit a much needed bookkeeper who is suitably qualified. As it would seem that Andrea and Julia would vote in favour of including Tina and Helen in the partnership, it would then be up to Catherine to argue that Andrea is acting in breach of her duties. It would be considerably easier for Catherine to prove this in the case of Tina who seemingly has no purpose in the partnership save as to further Andrea’s interests. In reality, however, it would be necessary to look at the provisions of the partnership agreements, in order to ascertain what would happen in the event of a dispute. The ultimate sanction for a partnership that is no longer tenable is the winding up of the partnership and this may not be desirable to any of the partners (section 26). In that case, consideration should be given to any arbitration of the possibility or the opportunity of one party to buy another out. It is not clear what provisions are contained within the partnership agreement for this and therefore the rules established in the Partnership Act 1890 prevailed on the partnership, with the danger of being wound up, if no agreement can be reached. It is also noted that, in accordance with clause 20, a notice of expulsion could be issued upon Andrea stating that she has breached her duties as a partner within the partnership. Although Catherine is unhappy with their actions, there is no indication that Julia is insufficiently unhappy that she is likely to be willing to pursue this route, although it does present a potential option in the event that both Catherine and Julia feel sufficiently strongly that Andrea is breaching her duties, in attempting to ensure that the partnership stays within h er family, in the future. Expulsion of Julia Firstly, it is noted that, in accordance with section 25 of the 1890 Act, there is no immediate right for the majority to expel a fellow partner within the partnership. Therefore, it is necessary for Andrea and Catherine to look at the provisions of the partnership agreement, in order to ascertain whether or not they have any legitimate way to expel Julia, based on recent events. An alternative would be to look at the dissolution of the partnership and there are certain conditions within the Act which allow for this, although at this stage it is not perceived to be the desirable route and instead both Andrea and Catherine are looking towards the clauses within the partnership agreement, in order to expel Julia. An extract of the partnership agreement, namely clause 20, has been provided and it is recognised that there may be additional clauses within the agreement which have not been seen that could impact on the advice given. However, for the purposes of providing this advice, claus e 20 will be looked at. It is possible for the remaining partners to provide a notice in writing to the partner who is in breach of clause 20, terminating their position within the partnership, if the partner acts in a way that is a breach of their duties, or if they have acted in a way that is contrary to good faith between the partners, such notice may be provided. In this case, Julia has been convicted of a criminal offence namely drunk and disorderly behaviour, with a recognition that Julia is undergoing difficult personal circumstances. The question here would therefore be whether this conviction is such that it breaches one of the partnership duties, or creates a situation where it cannot be said that Julia is acting in good faith, going forwards. It is suggested that, due to Julia’s current level of distress, there is a strong argument that the necessary good faith between the partners has irretrievably been eroded and that clause 20 is then utilised in order to expel Julia from the partnership. In the alternative to taking a litigious approach and given Julia’s existing unhappiness with the attempted changes from Andrea, a form of settlement may be possible, or arbitration to resolve the situation. It is unclear as to whether these situations are dealt with within the partnership agreement and further investigation is necessary to prevent a potential dissolution or battle in relation to the expulsion of Julia. It is, however, concluded that the actions of Julia are sufficiently severe that they could be used in order to expel her. Arbitration Clause As evident above, it would be advisable for the partnership agreement to have some form of dispute resolution mechanism in place. A suggested wording for such arbitration or dispute resolution mechanism is as follows: â€Å"Except as otherwise provided, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, or the legal relationships established by this agreement, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause. (a) The number of arbitrators shall be one. (b) The seat, or legal place, of arbitration shall be London. (c) The language to be used in the arbitral proceedings shall be English. (d) The governing law of the contract shall be the substantive law of England and Wales. 33.2 This clause shall be without prejudice to the rights of any party to seek any injunctive or similar relief from the courts to protect its intellectual property rights, confidentiality obligations, restrictions on the activities of any Partner or former Partner or other rights of any description.† This offers a dispute resolution mechanism that is both certain and efficient in dealing with such disputes and does not require the dissolution of a partnership unnecessarily. Liability of Michael as Agent Finally, there is the issue of Michael who did not become a partner who was sufficiently involved at the outset that his name has been placed on stationery. The firm purchased equipment from a personal friend of Michael, based on this personal relationship, with the belief that Michael was a partner in the firm. The question here therefore is whether it is reasonable for the company to be taking action against Michael personally, or whether he was acting as an agent for the firm. Typically, where an individual is acting as an agent between the firm and the supplier and this is known by supplier, it is the firm that would remain entirely liable for any agreement entered into. However, in this case, it would seem that Michael was acting as for an undisclosed principal and the supplier was not aware that they were in fact contracting with the firm, which was a partnership which did not include Michael. The supplier seemingly believed that he was contracting directly with Michael as a pa rtner within the firm. When this is the case the third party i.e. the supplier, has a choice as to whether they enforce the contract against the principal, i.e. the firm or the agent, i.e. Michael. The actual discussion or arrangement with Michael is not clear; however, it is known that Michael had his name on the stationery used to communicate with the supplier. Therefore, it would seem reasonable to suggest that the supplier would have felt they were dealing with Michael personally or at least as part of the firm. On this basis, and with the fact that the supplier is now concerned about the financial validity of the firm, it would seem likely that the firm is going to look towards Michael personally to be liable for the contract. Conclusions and Summary The position within this partnership remains volatile, with three separate partners all of whom have agreed to the partnership agreement, all having disputes of some nature with each other. Fundamentally, however, in accordance with the Partnership Act 1890, it is necessary for each partner to be acting in good faith and to the overall benefit of the partnership and not on their own account. This standard will need to be borne in mind when looking at Andrea’s proposition of bringing on board both of her daughters. There is seemingly little argument in favour of the partnership bringing on board Tina; however, this is slightly less obvious with Helen, as she brings necessary skills to the partnership. The majority of the partnership cannot vote to expel an individual, in this case Julia, unless such conditions are contained within the agreement. According to the extract of the agreement provided, an expulsion is possible where the partner was not acting in good faith. A crimina l conviction does not necessarily indicate bad faith and this would be a matter of fact to be determined by the two partners looking to expel Julia. Finally, there is a strong argument that Michael, by virtue of the firm stationery and potentially any discussions with the supplier, will be held personally liable, having acted as an agent for an undisclosed principal. Bibliography Atwood v Maule (1868) 3 Ch App 369 Blisset v Daniel (1853) 10 Hare 493 Partnership Act 1890 section 24 r.7 Partnership Act 1890 section 25 Maillie v Swanney (2000) SLT 464 Morse, G (2010) Partnership Law, Oxford University Press. p.153 Sealy, L Hooley, R Commercial Law: Text, Cases and Materials, OUP. P.122 Watteau v Fenwick, [1893] 1 QB 346