The Pennsylvania Interscholastic Athletic Association

The question of whether the Pennsylvania Interscholastic Athletic Association (PIAA) should separate public and private schools into their own divisions has been a topic of discussion for years. As a product of 14 years of Catholic education, I was fortunate enough to be able to participate in athletics during my high school career. Many of the teams that we played were public school teams from small communities where athletics were almost more important than an education. Unfortunately, I have witnessed firsthand the animosity that has surfaced between public and private schools. The PIAA is the governing body of high school sports in the state of Pennsylvania. The PIAA was founded in 1913 and initially included only public schools as members. Parochial and private schools were admitted to the PIAA in the late 1970’s. In 1997, the PA Charter School Act was passed which allowed for the creation of charter schools. The emergence of charter schools, particularly in the Philadelphia area, created even greater animosity between private and public schools. The Philadelphia schools, many of which are charter schools, were not members of the PIAA until 2003. Their athletic success at the state championship level has raised many concerns from the public sector. The primary problem that the PIAA faces today is the dominance of private schools winning the majority of state titles in all sports. Public schools have geographic boundaries that determine the school a student mustShow MoreRelatedPublic Education For Public Schools1477 Words   |  6 Pagesreform with this in mind (Cubberly, 1922; Sobe, 2011). However, as governors and state legislatures look for ways to trim budgets, school districts from coast to coast are challenged to find ways to cut costs (Howley, Johnson, Petrie, 2011). Pennsylvania is among the states currently looking at educational reforms during these tumultuous economic times, just as many school administrators face large budget deficits each year, threatening the notion of a free, equal public education for all. AsRead MorePublic School versus Home School Essay1360 Words   |  6 Pagesactivities, but athletics get the most attention according to the Home School Legal Defense Fund (Brockett, 1995). That is because competitive sports are the one activity families can not easily duplicate as their children reach high school age. The Massachusetts Interscholastic Athletic Association, after three state judges ruled against home schoolers being barred from playing on public high school teams, has initiated a one year open door trial program (Brockett, 1995). A Pennsylvania federal courtRead MoreThe Inequality Of Female And Male Sports3247 Words   |  13 Pagesexcluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance† (Anderson). These thirty seven words, known as Title IX, have transformed the athletic community for both males and females over the past forty two years. Many wonder why there is still so much talk about the inequalities of female and male sports even after forty two years of the enactment of Title IX. Violations of this law stillRead Morejesse owen Essay3441 Words   |  14 Pagesteacher in the North failed to understand his southern drawl and put his name down as Jesse. Too modest to correct his teacher, Owens kept the name. Athletic Success as a Teenager Owens enrolled in Clevelands Fairmount Junior High School around 1927 and quickly attracted the attention of a mentor who would prove crucial in his future athletic success. Charles Riley worked at the school as a physical education teacher and track-and-field coach and immediately realized that Owens was a naturally

A Refutation of an Argument by William J Bennett on...

REFUTATION OF ARGUMENT AGAINST GAY MARRIAGE In a remarkable article that appeared in the Washington Post, William J. Bennett argued that recognizing same-sex marriage would be detrimental to the concept of marriage and to the nation. The only thing more remarkable than the logical fallacies relied upon in the article was the fact that the author was the former Chairman of the National Endowment for the Humanities and Secretary of Education in the Reagan administration and Director of the Office of National Drug Control Policy in the George H. W. Bush administration. Bennett argues, rhetorically, that recognizing gay marriage would open the door to every other possible marriage, such as between two brothers who desire to marry and in situations where groups of individuals desire polygamous marriages. According to Bennett, if the basis of recognizing gay marriage is the notion of not denying a persons sexuality, all of those types of relationships are also entitled to legal recognition . Of course, that is a flawed argument because it presumes that proponents of gay marriage oppose any restriction on who may marry based on the single criteria of sexuality. In fact, the exact same argument was once used by opponents of interracial marriage. Proponents of gay marriage do not support incest, or polygamy, or bestiality; nor do they suggest that sexual desire is the only purpose of marriage or a justification for all marital choices. Bennett also suggests that gay marriageShow MoreRelatedLogical Reasoning189930 Words   |  760 Pagesstructure of arguments. David M. Adams, California State Polytechnic University These examples work quite well. Their diversity, literacy, ethnic sensitivity, and relevancy should attract readers. Stanley Baronett. Jr., University of Nevada Las Vegas Far too many authors of contemporary texts in informal logic – keeping an eye on the sorts of arguments found in books on formal logic – forget, or underplay, how much of our daily reasoning is concerned not with arguments leading to truth-valued Read MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 Pagesthe International Systems of Law in the Twentieth Century †¢ Jean H. Quataert 116 5 The Impact of the Two World Wars in a Century of Violence †¢ John H. Morrow Jr. 161 6 Locating the United States in Twentieth-Century World History †¢ Carl J. Guarneri 213 7 The Technopolitics of Cold War: Toward a Transregional Perspective †¢ Gabrielle Hecht and Paul N. Edwards 271 8 A Century of Environmental Transitions †¢ Richard P. Tucker 315 About the Contributors †¢ 343 _

Black Panthers Essay Research Paper Bobby SealeBobby free essay sample

Black Panthers Essay, Research Paper Bobby Seale Bobby Seale was one of the co-founders of the Black Panther Party. He was born on October 22, 1939 in Dallas Texas. By the clip Bobby was ten his household moved to Oakland, California where he would hold a unsmooth childhood. Seale s household was really hapless so this merely added to his dire childhood. Bobby finally dropped out of high school and at 18 he was indicted into the Air Force. He was instantly sent to Amarillo, Texas to have preparation as an aircraft sheet-metal machinist. He shortly graduated from the Technical School Class of Air Force preparation with awards. After that, he was moved to Rapid City, South Dakota at Ellsworth Air Force Base. Bobby served here for three and a half old ages and left with the rank of corporal. After he left the Air Force he enrolled at Merrit College in Oakland where he intended to analyze technology. Bobby first became interested in 1962 when he foremost heard Malcolm-X speak. During his registration at the University, he joined the African-american Association ( AAA ) which was an organisation formed by immature African-Americans in Oakland to seek to face the jobs faced by the black community. This was an organisation that tried to face the job faced by the black community. Seale got interested really rapidly and was inspired by such people as Booker T. Washington and W.E.B. du Bois. Another member of the AAA named Huey Newton had really similar beliefs as Bobby. Soon Bobby became one of the many black militants who broke off from the traditional non-violent protests to prophesy a philosophy of hawkish black authorization. Bobby and Huey became really close friends and in 1966 formed the Black Panther Party for Self-Defense. Bobby Seale is still alive today and is no longer involved in violent protests. He is running his ain web site that tells of his escapades and why he did everything he did in his earlier old ages. Huey Newton Huey Percy Newton was the other major co-founder of the Black Panther Party. Huey was born on February 17, 1942, in New Orleans, Louisiana. He was the youngest of Armelia and Walter Newton # 8217 ; s seven kids. When he was three old ages old he moved to Oakland, California. Huey and his household fled to the difficult nucleus side of Oakland because his male parent was looking for good work that was out of the Louisiana Bayou. While Huey was populating and turning up in East Oakland, he tried traveling to Law school, which didn # 8217 ; t work out for him. So he ended up at Merritt College where he would shortly run into Bobby Seale at an ( AAA ) Alcohols Anonymous Association meeting. Huey pressed his vie tungsten on Bobby continuously and shortly shaped Bobby to go what he would. Bobby and Huey became best friends and would from the Black Panther Party. Newton started making drugs and was speedy to go an nut. Throughout his old ages in the party everything started acquiring worse and traveling downhill. Newton’s jobs continued. He faced charges on cocaine ownership. Oakland research workers knew of Newton’s dependence to cocaine and subsequently cleft. Polices say he went into this tough West Oakland vicinity in his girlfriend’s auto. Neighbors told constabularies they heard three shootings. An officer was one minute off, but it was excessively late. Newton was shed blooding from three big gunshot lesions. He used to enroll for the Black Panthers in this vicinity 20 old ages ago, subsequently he came back and was killed. Black Jaguars Now When Katherine Ann Power surrendered, after about 20 five old ages underground, a coevals of 1960ss militants watched in sympathetic captivation. But some watched from behind bars. The Afro-american groups of the 1960ss, inspired by the Black Panthers, were motivated by the same high lesson. The difference is that many have spent the dominant decennaries non underground, non on probation, but in prison. In New York State there are at least eight former Black Panthers still in gaol, some of them since the early 1970s, for the same kind of politically-motivated Acts of the Apostless for which Power was hunted. They are among 25 to thirty Jaguars captive countrywide. Some were members of the original # 8220 ; Panther 21, # 8221 ; marks of constabulary entrapment. Some were with the Black Liberation Army, formed after the Panthers were decimated by the FBI # 8217 ; s covert anti-Black leading plan ( COINTELPRO ) . Some, like California # 8217 ; s Elmer # 8220 ; Geronimo # 8221 ; Pr att or New York # 8217 ; s Dhoruba Bin Wahad, were framed ; others were convicted on corrupt grounds ; all were sentenced far excessively harshly. Robert # 8220 ; Seth # 8221 ; Hayes has been in gaol the longest, since 1971. Teddy # 8220 ; Jah # 8221 ; Heath has been in gaol since 1973 for a snatch in which no 1 was injured. Herman Bell, Albert # 8220 ; Nuh # 8221 ; Washington and Anthony Bottoms ( the # 8220 ; New York Three # 8221 ; ) are still in prison even though a federal justice late ruled that testimony convicting them of killing a police officer was perjured. Abdul Majid and Bashir Hameed, convicted of killing a police officer in 1981 after two mistrials, are now appealling their 3rd test in which the prosecution used 80 per centum of its challenges to except Black jurymans. Most of these work forces, who have already been in prison for decennaries, will non be eligible for word until long after Katherine Ann Power has returned to freedom.

Looking Deeper into Schizophrenia Essay Example

Looking Deeper into Schizophrenia Essay Schizophrenia is a never-ending, relentless and immobilizing or rendering the brain inoperative (National.., 2007). Approximately one percent of individuals living in the United States are affected by Schizophrenia (National.., 2007). Individuals who are diagnosed to have schizophrenia are typically fearful, withdrawn, as well as, agitated (National.., 2007). Such behaviors may be brought about by the fact that individuals suffering schizophrenia experience the following: 1) hear voices but other people do not; 2) belief that other people are reading their minds; 3) certainty that other individuals are controlling their mind; or 4) extremely feel that somebody wanted to hurt them (National.., 2007). The aforementioned are also the some of the reasons why: 1) if you hear them out closely, nothing they say seem to make sense; 2) they can sit for hours without moving or talking; or 3) appear alright that other people will only notice that there is something wrong when they begin to arti culate their thoughts (National.., 2007). The aforesaid facts confirm that countless individuals diagnosed with schizophrenia go through excruciating experiences including troubles in keeping their jobs, as well as, and especially, taking care of themselves (National.., 2007). This then affects not only the patients themselves, but their families and the society as well (National.., 2007).Meanwhile, history has it that Schizophrenia first emerged in 2000 BC (Wikipedia,2007). In 1893, Schizophrenia has been acknowledged by Kraepelin as mental disorder (Wikipedia, 2007).   The aforementioned disorder got its name from Eugene Blueler who strongly believes that there is an inadequacy of interface between perception and mental processes, thus he coined two Greek words which meant â€Å"split† and â€Å"mind† or shattered mind (Wikipedia, 2007). Furthermore, even before the symptoms has officially been stated or declared, Eugene Blueler already has said that it’s sy mptoms are the following: 1) â€Å"flattened affect†; 2) autism; 3) impaired association of ideas; and 4) ambivalence (Wikipedia, 2007). Interestingly, several years ago, schizophrenia’s only known cause is that it is said to be because of genetics or because it has been passed on from the first generation of the family to the succeeding ones (Wikipedia, 2007). Another extremely attention-grabbing fact with regards to the history of schizophrenia is that countless people were diagnosed to suffer from it before and that they were all annihilated in the Nazi program technically referred to as the â€Å"Operation T-4† (Wikipedia, 2007).Moreover, the first focus of this paper is on the causes of schizophrenia whichincludes: 1) genetic; 2) environment; 3) perinatal brain development; 4) childhood and adolescent development; 5) adult brain structure; 6) neuropsychology and brain function; 7) psychosocial factors; and 8) autoimmune theory (Wikipedia, 2007). Immediately after that, the signs and symptoms including the: 1) positive symptoms; 2) negative symptoms; as well as 3) cognitive symptoms will be briefly discussed also (National.., 2007).  Ã‚   Finally, treatment for schizophrenia will also be looked into (Wikipedia, 2007). Topics for this category entail: 1) medication; 2) dietary supplements; 3) neurological procedures; and 4) psychological and social interventions (Wikipedia, 2007).It is quite clear that schizophrenia affects the patients themselves, their families, aswell as, the entire society, thus, it is exceedingly important to reintroduce the causes, symptoms, as well as, treatment for schizophrenia, which this paper intends to do so.Causes, Symptoms, and TreatmentThere are several causes of schizophrenia and some of these are the following:1) Genetic – Experts claim that schizophrenia may be inherited (Wikipedia, 2007). This resulted from the research results wherein it can be deduced that there is a twenty eight percent c hance for a twin to develop schizophrenia if the other one already acquired it (Wikipedia, 2007).2) Environment – Researchers say that traumatic experiences, for instance, physical abuse during childhood causes schizophrenia (Wikipedia, 2007). Furthermore, negative treatments including, controlling attitude, aggression, lack of sympathy etc also triggers schizophrenia (Wikipedia, 2007). Moreover, stressful experiences including loss of a job, inadequacy of money, discrimination etc also leads to schizophrenia (Wikipedia, 2007).3) Perinatal brain development – It is said that if there are infections that emerged during the third trimester of pregnancy then it is possible that later schizophrenia will develop (Wikipedia, 2007). Prenatal negative experiences including psychological trauma may also trigger schizophrenia (Wikipedia, 2007).4) Childhood and adolescent development – Experts say that since schizophrenia typically develops during late adolescence and earl y adulthood, it may then be said that when the stage of childhood end, schizophrenia may already present itself (Wikipedia, 2007).5) Adult brain structure – It is said that there are certain size and structure of the regions of the brain that may cause the development of Schizophrenia (Wikipedia, 2007).6) Neuropsychology and brain function – Scientists say that functional disparities in mind activity influence the emergence of schizophrenia (Wikipedia, 2007).7) Psychosocial factors – Experts state that people who go through emotional stress, exceedingly confusing situations, depression, inferiority complex, difficulties in concentrating/listening etc are more bound to develop schizophrenia (Wikipedia, 2007).8) Autoimmune theory – It is also said that autoimmunity causes schizophrenia (Wikipedia, 2007). This is where the organism malfunctions and will not be able to identify itself causing it to go against its own cells and tissues (Wikipedia, 2007).Of cou rse, there are also a number of signs and symptoms that may be spotted to know if an individual suffers from schizophrenia and some of these are the following:1) Positive symptoms – If an individual is observed to be having delusions, hallucinations, then he may be suffering from schizophrenia (National.., 2007). In addition to that, if his or her thoughts are in extreme disorder and his or her physical movements are in disarray as well, then he or she may be diagnosed as having schizophrenia (National.., 2007).2) Negative symptoms – If a person who is not by nature lazy or is not suffering from depression and yet finds it difficult to articulate his or her emotions, find and pinpoint what will make him or her happy, and cannot make plans on his or her own   then he or she may be schizophrenic (National.., 2007).3) Cognitive symptoms – If an individual have a difficulty trying to focus, encounter memoryEven though the aforementioned causes and symptoms are sca ry, it is extremelyfortunate that there are ways to manage/treat the aforementioned disease. Some of these are the following:1) Medications, which are usually antipsychotic, including dopamine system stabilizers or agonists (Wikipedia, 2007).2) Dietary supplements like omega-3 fatty acids, alpha lipoic acid, d-sarcosine, glycine, folate, vitamin A, vitamin C, as well as, vitamin E (Wikipedia, 2007).3) Neurological procedures like electroshock and psychosurgery (Wikipedia, 2007).4) Psychological and social interventions like cognitive behavioral therapy, cognitive remediation therapy, music therapy, psychological education for the whole family and psychotherapy (Wikipedia, 2007).ConclusionThis paper intends to reintroduce the causes, symptoms, as well as, treatment forSchizophrenia. It has been carried out because of the fact that it affects the patients themselves, their families, and the whole of society.Furthermore, this paper is very important because it plays a large role in the reintroduction of the topics on the basic information about schizophrenia. It will not only remind individuals but will also help them familiarize themselves with the following:   First of all, schizophrenia is brought about by the following: 1) genetic; 2) environment; 3) perinatal brain development; 4) childhood and adolescent development; 5) adult brain structure; 6) neuropsychology and brain function; 7) psychosocial factors; and 8) autoimmune theory (Wikipedia, 2007). Secondly, the symptoms are known as: 1) positive; 2) negative; as well as 3) cognitive (National.., 2007). Finally, that it may be treated/managed through: 1) medication; 2) dietary supplements; 3) neurological procedures; and 4) psychological and social interventions (Wikipedia, 2007).On a final note, it is also good to mentioned that there are also several researches conducted that may be extremely helpful in the future. Some of these are the following:A) Acupuncture for schizophreniaDescription of Study: This particular study entitled, â€Å"Acupuncture for Schizophrenia†, looks into a treatment wherein extremely thin needles are placed just underneath the surface of the skin throughout the body. It seeks to provide evidence to clinicians, as well as, patients with regards to the benefits of acupuncture in schizophrenia (Rathbone et. al., 2006).Methodology: independent extraction of data/randomized controlled trialTreatment Protocol: acupuncture/electro-acupuncture/laser-acupuncture/no treatment/antipsychotic drugsFindings/Results:The researchers conclude that acupuncture can not be proposed and suggested for people suffering from schizophrenia because of inadequate substantiation (Rathbone et. al., 2006).B) Amisulpride for SchizophreniaDescription of Study:This experiment scrutinizes the selective dopamine antagonist, Amisulpride (Mota Neto et. al., 2002). It aims to assess its effects (Mota Neto et. al., 2002). It also intends to compare it with placebo, typical, as well as, at ypical antipsychotic drugs for schizophrenia (Mota Neto et. al., 2002).Methodology: randomized controlled trialTreatment Protocol: amisulprideFindings/Results:Researchers conclude that Amisulpride brings about improvement in the general negative symptoms of people suffering from Schizophrenia (Mota Neto et. al., 2002). Researchers also claim that as compared with high-potency typical antipsychotics, amisulpride may offer better outcomes (Mota Neto et. al., 2002).ReferencesNational Institute of Mental Health. (2007). Schizophrenia. Retrieved April 13, 2007 fromhttp://www.nimh.nih.gov/publicat/schizoph.cfm#definitionMota Neto, J.I.S., Lima, M.S. Suarea, B.G.O. (2005). Amisulpride for Schizophrenia.The Cochrane Database of Systematic Reviews, volume # 2, n.p.Rathbone, J. Xia, J. (2005). Acupuncture for Schizophrenia. The Cochrane Databaseof Systematic Reviews, volume # 1, n.p.Wikipedia. (2007). Schizophrenia. Retrieved April 13, 2007 fromhttp://en.wikipedia.org/wiki/Schizophrenia#Cau ses

GCA AP English Vocab Abstract Zeugma Flashcard

GCA AP English Vocab Abstract Zeugma

Strenths and Weaknesses of a Capitalist Economy essays

Strenths and Weaknesses of a Capitalist Economy essays A market economy is one governed by the forces of supply and demand based on price in which businesses produce goods and services that people want. Like any other economy, there are advantages and disadvantages. A market economy theorizes that everyone can and should take care of themselves. It is a belief on self reliance. One disadvantage of this is the unfair distribution of wealth, although there are some people that are rich and successful, there are many others that struggle day to day to try to make ends meet. It is an economy where not much action is being taken to support the homeless and others that are in poverty. Also, another disadvantage is lack of competition. Without more than one business owner competing in the same market place, prices of goods and services can go sky high. Only those with enough money are able to purchase the product. Without some regulation, it would only create more inequality. On the other hand, there are many benefits to this economy. In the market economy there are much more freedoms and people getting to choose what they desire to pay for? Individuals have the freedom to choose what to buy, where to buy it, and how much they are willing to pay. In addition, producers or entrepreneurs, can freely enter the market place with any product or service they think will sell and that meets government standards. Furthermore, people are individually free to choose where they want to work. Businesses are also free from having to put up with interferences by others, including the government. In addition, citizens of a capitalist nation are free to exchange money and property. Competition is also strength. Competition is the struggle between two or more businesses trying to reach the same goal, in this case it is making money. Making profits is the incentive that drives businesses to sell the product or service at the highest quality and at the lowest possible price. ...

Case Study 1 Essay Example | Topics and Well Written Essays - 500 words

Case Study 1 - Essay Example Looking from the business point of view, I think that my proposed use of the warehouse is a sound idea as the activities that are intended to start are for the benefit of the public. An artist sculptor would be an individual who would be quietly pursuing his artistic interests whereas the commercial welder would be providing services to neighbourhood, saving them time and effort. The topless dance club would again be a service provider in the area of entertainment. The other three activities of the tenants would be in the nature of services for the sick and the needy which again constitute a very vital part of the social setup. From the legal angle, the suits filed against myself, seem to stand on flimsy ground. Since the warehouse is built on residential/ light industrial zone, it has the advantages of residential as well as light industrial covenants. Neighbourhood covenant states that only single family residences are allowed. No outside storage or activity is allowed. No treatment homes or treatment activities allowed. Citing the case of Hill v. Community of Damien of MolokaiN,M.,1996, No. 21715 (internet) where the case under neighbourhood covenant citing the clause of single family residence was filed against the community running a group home for AIDS patients. The case was awarded in favour of the community as it was held they did not violate either the restrictive covenant or under the Fair Housing Act. Hence, running treatment centre for AIDS patients and anonymous alcoholic in different studios of the warehouse is legal. Case of High Ridge Hinkle joint Venture v. City of Albuquerque,N.M, 1998, No. 24,297(internet) held that non storage activities outdoors were allowed under zoning ordinance permitting ‘outside storage or activity’. It therefore follows that the County healthcare facility run from the small units constructed outside the main warehouse, is also

MODULE 4 DISSCUSSION Full Government Control in an Emergency Coursework

MODULE 4 DISSCUSSION Full Government Control in an Emergency - Coursework Example Thus, it is possible for the government to assume a major role in disaster control, but it does so within the law as provided by the Stafford Act. The government takes control of disaster control, not to limit the agencies or groups, but to ensure that the appropriate resources and are effected fast enough, and in an effective way. Through the Homeland security secretariat, the government takes control of disaster control management, while the agencies and groups respond within this overarching structure (Homeland Security, 2013) â€Å"Partnerships are an integral part of strengthening resilience, because they can help to increase efficiency and effectiveness in disaster management† (Busch, 2013, p. 2). Hence, in partnerships between the government and assisting agencies and groups, it is necessary that the government maintains full control during disasters. Doing so ensures that there is a hierarchical plan in the control of disasters. It also ensures that there the issue of accountability rests squarely on the government and not a large array of assisting groups and agencies (United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs, 2006). Homeland Security. (2013, May). National Response Framework. Retrieved from Federal Emergency Management Agency: http://www.fema.gov/media-library-data/20130726-1914-25045-1246/final_national_response_framework_20130501.pdf United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. (2006). Hurricane Katrina: A Nation Still Unprepared : Special Report of the Committee on Homeland Security and Governmental Affairs, United States Senate, Together with Additional Views. Washington, DC: Government Printing

The Definition of an Organization Essay Example | Topics and Well Written Essays - 2500 words

The Definition of an Organization - Essay Example The researcher states that goals are specific, measurable and timely targets that each organization has put forward to improve its status quo. In order to realize the mission, vision, and goals, it is vital that all the stakeholders work as a team. The management ensures that every employee understands the goals clearly and that each is working towards their realization. The shared mission, vision, and goal are achieved through monitoring and evaluation. The management has a role of monitoring the performance of every employee in an effort to know whether they are working in the right direction. Any activity that employees engage in must be geared towards the achievement of the organization’s goals. With the shared vision, mission, and goals, an organization is able to avoid confusion and conflicts. It also fosters discipline in the workplace and providing employees with a sense of direction. Through evaluation, goals could be readjusted when it is determined that they are not in line with the mission and vision of an organization. The management may measure the performance of an organization from time to time in order to know whether the goals have been achieved, and make any necessary recommendations. With the shared vision, mission, and goals, many organizations ensure that decision-making process is inclusive in nature. The relevant internal and external stakeholders are included in the decision-making processes. Allowing all the relevant stakeholders to take part in the decision-making processes has been associated with the reduction of conflicts in an organization. In his theory of change, Lewin indicated that lack of inclusiveness in decision-making was the major cause of resistance to change. The stakeholders have a right to know the changes that the management seeks to introduce and their importance. In most cases, resistance to change is caused by the fear of unknown, and vested interests.

Marketing fundamentals essay

Marketing fundamentals essay Introduction In 1964 Neil H. Borden published the article: The Concept of the Marketing Mix. The marketing mix in Bordens concept originally included product planning; pricing; branding; channels of distribution or place; personal selling; promotions; advertising; packaging; display; servicing; physical handling; and fact finding and analysis, (Zineldin and Philipson, 2007, p231). According to this concept, the list of twelve ingredients of the marketing mix is adjustable. It could depend on what kind of elements or areas researchers want to focus on or emphasize to change more, but in The Concept of Marketing Mix, Borden (1964) already explained explicitly why he chose the twelve elements as the marketing mix. However, even though the idea of the marketing mix is derived from Borden, the 4Ps marketing mix which is known to the public was introduced by Jerome McCarthy: Product, Price, Promotion, Place (Constantinides, 2006; Gummesson, 2008). As Anderson and Taylor (1995, p2) claim: The major step in popularizing the marketing mix was the publication of Jerome McCarthys, Basic Marketing: A Managerial Approach in 1960. The purpose of this paper is to discuss whether the marketing mix is still a suitable approach to modern day marketing. For instance, with new technology and subsequent changes in peoples lifestyles, new marketing concepts are springing up, such as relationship marketing and service marketing. Therefore, is the marketing mix still useful today, or should it be improved or even replaced by other new themes; this is a controversial area. The marketing mix and relationship marketing A lot of criticisms are fined at McCarthys 4Ps model because researchers generally think that 4Ps are too simplified. Those who attack the paradigm have suggested that the model should have more factors added into it (Traynor, 1985; Magrath, 1986; and Doyle, 1994) or even use other factors, such as 4Cs to substitute 4Ps (Lauterborn, 1990). Grà ¶nroos (1994) even stated that it is time for the marketing mix to step down and let a new paradigm shift emerge. Moreover, during the past few decades, the debate that the marketing mix needs to be replaced by other new paradigm shift marketing concepts is going on (Constantinides, 2006; Gummesson, 2008). As discussed by Grà ¶nroos (2006), relationship marketing is one of the strongest candidates among so many competitors who are eager to substitute the marketing mix. Furthermore, as Grà ¶nroos (1994, p5) states: In marketing education, teaching students how to use a toolbox had become the totally dominating task instead of discussing the meaning and consequences of the marketing concept and the process nature of market relationships. This indicates that the marketing mix is a good model and memorable for students to understand the general marketing strategy concept. It may, nonetheless, limit students creativity idea in order to fit the framework at the same time. In fact, the marketing mix is still adopted by many scholars and is published in the majority of textbooks, but some have argued that customer relationship is an emerging trend in recent years (Grà ¶nroos, 1994). With time change, the pattern and relationship between sellers and buyers have a significant difference now than before (Coviello and Brodie, 2001). Take hospital industry in Taiwan for example: over the last few decades doctors have played a vital role in this industry. They are the kings and they are independent, because hospitals rely on them to make profits. In addition, the qualifications required to enter this industry are relatively high compared to other fields, so during that era the supply (hospitals) was much less than the demand (patients). This also results in hospitals not needing a good manager or a proper marketer to run the business, and yet they still can make money. It is common that, if patients are ill, they have to put their name on a long waiting list . Sometimes even if they have already made an appointment, due to too many patients in the same time period, they still need to wait. Moreover, after a long waiting time, when it is finally their time to see doctors, most of the time doctors are not so friendly. However, this kind of situation is totally different now. Health care industry is no longer a monopoly. As more hospitals are established, the competitions become more intense. As a result, owners of health care organizations start to emphasize the relationship between doctors and patients. In addition, managers also think that employees who may contact with customers are all part-time marketers (Gummesson, 1990). The main factor to cause this kind of change is that buyers (patients) have more choices nowadays. For instance, if there are two sellers (doctors) equipped with the same conditions, but one provides more support on intangible service and has good relationships with buyers, then buyers will definitely go to the one who shows more concern for them. Consequently, managers of health care organizations have to value patients and doctors relationships or they may keep losing customers. This also shows that relationship marketing is a new trend now. While it is interesting to note that some researchers attack the marketing mix is being outdated and in fact that it cannot be deemed as an unchallengeable foundation of marketing, they believe that it formed almost 40 years ago; the concept of it, they argue, in contemporary business or academic research is no longer useful. By contrast, relationship marketing is the new upcoming theme of marketing. Relationship marketing is neither original thinking nor a novelty theory, but it has already been in existence for quite a long time. Zineldin and Philipson (2007, p229) argue that relationship marketing is one of the oldest approaches to marketing. As early as about 25 years ago, the term was introduced as a strategy to service marketing by Berry in 1983, according to Crosby and Stephens (1987). By comparing the transaction-oriented marketing, which is part of the marketing mix feature with relationship marketing, most companies still put emphasis on attracting new customers rather than focusing on establishing a long-term relationship with their existing customers. As reported by Zineldin and Philipson (2007), finding new customers costs less than retaining current customers. Moreover, having a long-term relationship with clients is indeed profitable, but consumers desire is also endless. With more services are provided and a variety of products are easy to access currently, consumers just will want more rather than less, and their mind changes frequently. Accordingly, for companies to maximize profits immediately is both necessary and important for them (Zineldin and Philipson, 2007). Furthermore, relationship marketing focuses on not only the connection amid corporations and customers, but also the relationship between corporations. Consequently, relationship marketing may not be the case for all corporations. For example, if a tin companys ingredients are all from the same supplier, then once the food that the supplier offers has a problem, then the tin companys business will definitely be affected by lack of ingredients. As a result, some companies may not want to rely on another company too much (Zineldin and Philipson, 2007). The other point many academic scholars criticize about the marketing mix is that some standard marketing ingredients are not integrated with the marketing mix into textbooks to become a complete whole body (Grà ¶nroos, 1994;Gummesson, 2002). They are just like toppings on the pizza: the toppings are those additional Ps and the model of 4Ps is the base. The reason why it causes this kind of outcome is owing to model being oversimplified, from a list of elements into four Ps. However, at the same time it cannot be denied that the contribution of the marketing mix and four Ps is significant (Jobber, 2007). Although a lot of new concepts have emerged, it does not mean that the marketing mix will be replaced. To some certain extent, it is still a useful approach and provides a fundamental theory for people who want to study or explore this field. By combining the marketing mix with other spring up theories, it can allow marketing theory to become better. Even Grà ¶nroos is against the m arketing mix, but he also claims the following (1994, p14): [E]ven if marketing mix management is dying as the dominating marketing paradigm and the Four P model needs to be replaced, this does not mean that the Ps themselves, and other concepts of the managerial approach such as market segmentation and indeed the marketing concept (McKitterick, 1957; Keith, 1960), would be less valuable than before. Relationships do not function by themselves. Hence, no matter how marketing concepts develop, the root of these new paradigms is related to the marketing mix. It is of course relevant to contemporary marketing means and still regarded as a core value of marketing. The marketing mix and e-commerce marketing In the 21st century, business may not only be based on physical activities, but also on virtual activities. Therefore, discussing whether the marketing mix can be adapted to e-commerce is a signal to see if it is still relevant to contemporary thinking. As Peattie (1997, p142) point out: Although the marketing implications of emerging electronic or virtual markets are being discussed, the implications for the management of the marketing mix are often being overlooked. Already many innovative companies are taking advantage of the new generation of technologies to enhance or re-engineer key elements of the marketing mix, giving marketing a leading role in introducing companies to the revolutionary world of third age computing. They stress that the marketing mix in this industry is revolutionizing and 4Ps have another new definition to fit e-commerce and marketing function. In a practical aspect, it had been put into practice for many organizations (Peter and Olson, 2005). In addition, virtual value chain also used 4Ps to illustrate the effect of it on electronic business (Bhatt and Emdad, 2001). Many companies still use the marketing mix and 4Ps as their strategy, but with little change on the traditional 4Ps. Allen and Fjermestad (2001, p22) also indicate that Although many of the e-commerce strategy frameworks offer a unique contribution to strategic planning, integrating these models into the traditional product, price, place and promotion framework can provide a more complete analysis of strategy. It reinforces the view that the marketing mix and 4Ps are the cornerstone of marketing and the basis of strategy marketing. More importantly, it is still applied to 21st century new trend business, electronic commerce. In consequence, it is identified that the marketing mix just needs some small changes to be integrated well with other re-discovery concepts; it then plays the most vital role in contemporary marketing theory yet. Conclusion The marketing mix and marketing are just like the constitution is to a country. Constitution is the foundation of a nation. The law may be changed or adjusted with time because the environment and the way people think is greatly different from that of those who were born 50 years ago. Consequently, it is unavoidable that the law should be changed, eliminated or have more rules added to it. Nevertheless, no matter how the rule is amended, the basic rule is always there. It represents a countrys spirit and belief, and this is unchangeable. Hence, this is just as the marketing mix to marketing, in my opinion. Even though some scholars criticize that marketing is not an appropriate approach currently, it needs to be replaced with other rising marketing principles. Nonetheless, common terms such as relationship marketing, service marketing and e-commerce marketing, are focusing on just a part of marketing. They can tackle the problem of a specific area but the marketing mix and 4Ps are the basis of a much more general theory. Moreover, although those who attack the marketing mix for being an old concept and of less relevance today, they also support that the relationship between the marketing mix and marketing is still very close. The influence of the marketing mix is still strong today but certainly not as profound as it has been in the past, and indeed the concept of it still shows signs of practical implementation in contemporary society. References Allen, E. and Fjermestad, J. (2001) E-commerce marketing strategies: an integrated framework and case analysis, Logistics Information Management, Vol. 14 Number 1/2, pp. 14-23. Anderson, L. McTier and Taylor, Ruth L. (1995) McCarthys 4Ps: Timeworn or Time-tested?, Journal of Marketing Theory and Practice, Vol. 3 Issue 3, pp.1-9. Berry, D. (1990) Marketing mix for the 90s adds an S and 2 Cs to 4Ps, Marketing News, Vol. 24 Issue 26, December, p.10. Bhatt G. and Emdad, A. F. (2001) An analysis of the virtual chain in electronic commerce, Logistics Information Management, Vol. 14 Number 1/2, pp. 78-85. Borden, Neil H. (1964) The Concept of the Marketing Mix, Journal of Advertising Research, pp. 7-12 Constantinides, E. (2006) The Marketing Mix Revisited: Toward the 21st Century Marketing, Journal of Marketing Management, Vol. 22 Number 3, pp.407-438. Coviello, Nicole E. and Brodie, Roderick J. (2001) Contemporary marketing practices of consumer and business-to-business firms: how different are they?, Journal of Business and Industrial Marketing, Vol. 16 Issue 5, pp. 382-400. Crosby, L. and Stephens, N. (1987) Effects of Relationship Marketing on Satisfaction, Retention, and Prices in the Life Insurance Industry, Journal of Marketing Research, Vol. 24 Number 4, pp. 404-411. Doyle, P. (1994) Marketing Management and Strategy. Hemel Hempstead: Prentice Hall. Grà ¶nroos, C. (1994) From Marketing Mix to Relationship Marketing: Towards a Paradigm Shift in Marketing, Management Decision, Vol. 32 Number 2, pp. 4-20. Grà ¶nroos, C. (2006) On Defining Marketing: Finding a New Roadmap for Marketing, Marketing Theory, Vol. 6 Number 4, pp.394-417. Gummesson, E. (1990) The Part-Time Marketer. Karlstad: CTF Service Research Center. Gummesson, E. (2002) Practical value of adequate marketing management theory, European Journal of Marketing, Vol.36 Number 3, pp. 325-349. Gummesson, E. (2008) Total Relationship Marketing, 3rd edition. Amsterdam; Oxford: Butterworth-Heinemann. Jobber, D. (2007) Principles and Practice of Marketing, 5th edition. Maidenhead: McGraw-Hill. Lauterborn, B. (1990) New marketing litany: four Ps passà ©: C-words take over, Advertising Age, Vol. 61 Issue 41, October, p. 26. Magrath, A. J. (1986) When Marketing Services, 4Ps Are Not Enough, Business Horizons, Vol. 29 Issue 3, pp.44-50 Peattie, K. (1997) The marketing mix in the third age of computing, Marketing Intelligence Planning, Vol. 15 Number 3, pp. 142-150. Peter, J. Paul and Olson, Jerry C. (2005) Consumer Behavior Marketing Strategy. New York: McGraw-Hill/Irwin. Traynor, K. (1985) Research deserves status as marketings fifth P', Marketing News, Vol.19 Issue 23, November, pp.7, 12. Zineldin, M. and Philipson, S. (2007) Kotler and Borden are not dead: myth of relationship marketing and truth of the 4Ps, Journal of Consumer Marketing, Vol. 24 Number 4, pp.229-241.

Manipulation and Prejudice in Othello Essay

The tragic play ‘Othello’, written by William Shakespeare, is one where the direct impact of themes such as jealousy, prejudice, and manipulation bring about the downfall of the protagonist Othello, a moor who is both a successful military leader in the city of Venice and the lover of the ‘Sweet Desdemona’. The Antagonist, Iago, weaves webs of deceit and denigrations on almost all of the characters and is portrayed as the puppet master, controlling the characters to his own end. The imagery associated with the central theme of jealousy suggests destructive, terrifying and perhaps unnatural qualities of this emotion. It is ‘the green-eyed monster, which doth mock / the meat it feeds on’. There is a strong sense of devouring and being devoured in these images, which fits in with Iago’s description of Othello as being ‘eaten up with passion’. These lines suggest the exact quality of Othello’s monumental jealousy; once he becomes convinced that his wife is unfaithful, his jealousy does indeed feed on itself, leading the protagonist to become dehumanised and animalistic. Jealousy is also deeply humiliating in ‘Othello’; Iago is correct when he says that it is ‘a passion most unsuiting such a man’. There are three examples of jealousy that are explored by Shakespeare in ‘Othello’. Iago’s personal and professional jealousy, which is linked to feelings of envy and sets events in motion. This is demonstrated through the use of soliloquy where Iago expresses his hate and jealousy of Cassio when he was given a position that Iago thought he should have gained. The use of soliloquy adds dramatic tension as Iago expresses his motive for revenge to the audience before enacting out his plans on the unsuspecting characters. The second example is of Bianca’s suspicions, which help Iago with his manipulation of the Othello adding to the dramatic tension and the third example of jealousy is of the Moors towering jealousy. Othello’s character arc is somewhat depended on his feelings of jealousy when he assumes his wife Desdemona is ‘a strumpet’. The language that is used by Othello at the start of the play is in blank verse, unrhymed iambic pentameter. This structuring of the dialogue characterises Othello as educated, dignified and authoritative. However, this is juxtaposed at the end of the play where there is little to no structure in Othello’s dialogue, often composed of short outbursts, characterises the protagonist as animistic, unhinged and weak. The theme of prejudice is also prominent in the play ‘Othello’. The cultural difference between the Moor and the general white Venetians serves as an impetus for conflict between the characters. The first instance of racial prejudice almost opens the play in Act 1 Scene 1 with the dialogue between Iago and Brabantio, ‘even now, an old black ram is tupping your white ewe’. The animal imagery Iago employs when speaking of Desdemona’s copulation with Othello is firstly highlighting the racial difference between both Othello and Desdemona and secondly, relating interracial relationships as animalistic through dehumanising imagery. Many of the references to Othello in regards to his colour and creed are typically negative, though are undermined because the audience understands the motives of both Iago and Roderigo. He is also described as ‘sooty’ and ‘thick lips’, which help to construct a negative characterisation of Othello. So far as dislocation is concerned, an aspect of the tragedy comes about because Othello is characterised as an outsider, he is in an weak position of being a black man in a white society. This dislocation is furthered through the marrying of a white woman and through holding a high positioned rank in the military. This is one of the reasons that Othello is subject to manipulation by Iago on racial grounds, and on Rodrigo’s racist ideology.

Sources of English Law

Sources of English Law By Christopher Richards 9/11/09 Executive Summary In this report I will be discussing the English Legal System, its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system, this includes most commonwealth countries and the United States. English law falls into two broad categories: Civil law – derived from Roman law, it is applied when â€Å"wrongs† have been made against individuals; it is also know as a claim or an action. Criminal law – first instrumented following the Norman Conquest of 1066, Its offences relate to â€Å"wrongs† against property and, or persons which affects the whole community, it is often referred to as prosecution.. I will explain why the methods and tools of statutory interpretation are necessary for the correct implement of statutes and how judicial president formed the backbone of English common law. Introduction The English legal system stems from The Norman Conquest, William of Normandy invaded England in 1066 and upon successfully defeating his adversary he gained the crown of England. William formed the fist basic government â€Å"The King’s Councilâ€Å"(Magnum Concilium) comprised of Lords, Bishops, Barons and other trusted figures Who’s advice which the monarch relied on. Introduced the separation of lay courts and church courts with a binding jurisdiction leading to church law i. e. : clergy were tried in there own courts. As the Monarch William owned all of England with lords, bishops and barons possessing land as tenants or sub tenants, this prompt the introduction of Feudalism of land tenure and judicial activity. Common law† would be established by Judges discussing conduct and behaviour throughout the land, still at this point no legislation was ever written down. Further changes arise, these includes the advancement of â€Å"Case law† setting precedent through facts of similar cases that have already been decided so that it can be judged equally, additionally the hierarchy of binding precedents and court structure. Statutory Interpretation Some statutes have a vague or misleading words or phrases many with homonyms which can make the process of implementing the correct ruling a difficult one, A few areas to look at are a Broad term (words that are used to cover many possibilities), Ambiguity (were the word has two or more meanings and its not defining in which one should be used), a drafting error (an error that was made when drafting the bill or when it was amended), new developments (developments in technology means that old acts may not cover present day situations) and use of language( words that have changed in meaning over time), this is why statutory interpretation as a tool is so important, it allows judges to look at statutes and deduce the true reasoning behind it, there are three methods which are used to do this. Literal Rule This is the most commonly used construction and takes precedent over the following rules; it means to take words written into the statute literally in the sense that if the words are clear then they should be applied. The literal rules had been scrutinised by many lawyers, and said to be â€Å"a rule against using intelligence in understanding language. Anyone who in ordinary life interpreted words literally, being indifferent to what the speaker or writer meant would be regarded as a pedant, a mischief-maker or an idiot†. An example of this is in the Hotel Proprietors act 1956, it provides that the hotel proprietor is liable for loss of or damage to guests’ property, but does not extend to guest vehicles or property left â€Å"therein† , so does the proprietor fall liable to property left on, rather than inside the vehicle ? Interpreted literally yes, the proprietor is liable, because if the act had intended to exclude property left on a vehicle the act would have said â€Å"therein or thereon† so great care must be applied when using this rule. The Golden Rule The golden rule is very much a modification to the literal rule, whereas instead of taking the literal meaning the courts will use a narrow or a wide approach of interpreting the word to avoid an absurd result. If the Narrow approach is applied it would usually be because the word themselves lead to an absurd result for example if there is a sign that say â€Å"do not use lifts in case of a fire† interpreted literally it would mean â€Å"to never use lifts, in case of a fire† which would lead to an absurd result but clearly it is to prevent people from using the lifts if there is a fire nearby. The wide approach is were the word has only one meaning but the meaning could result in a repugnant situation, the wider golden rule would be applied to modify the words in the statute to avoid an unfair result this is shown in the case Re Sigsworth (1935) A son had murdered his mother then committed suicide, The mother had not made a will and under the Administration of justice act 1925 the son would been entitled to her inheritance, the decision had to be made weather her inheritance was to passed onto the mothers family or her son, there is no ambiguity of the act so due to the circumstances the judge used to golden rule to favour the mothers family rather than the son benefiting from his crime. this rule is favoured by Lord Wensleydale in the case of Grey vs. Pearson (1857) he stated â€Å"In construing statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity or inconsistency, but not farther†. The Mischief rule This third rule gives a judge more discretion than either the literal or the golden rule. This rule requires the court to look to what the law was before the statute was passed in order to discover what gap or mischief the statute was intended to cover. The court is then required to interpret the statute in such a way to ensure that the gap is covered. The rule is shown in Heydon's Case (1584), where it was said that for the true interpretation of a statute, four things have to be considered: 1. What was the common law before the making of the Act. 2. What was the mischief and defect for which the common law did not provide. 3. What remedy Parliament hath resolved and appointed to cure the disease of the Commonwealth. 4. The true reason of the remedy, and then the office of the Judges is to make such construction as shall suppress the mischief and advance the remedy. An example of the mischief rule in use is found in the case of Corkery v Carpenter (1951). In 1951 Shane Corkery was sentenced to one month's imprisonment for being drunk in charge of a bicycle in public. The defendant was drunk and was pushing his pedal bicycle along Broad Street in Ilfracombe. He was charged under section 12 of the Licensing Act 1872 with being drunk in charge of a carriage. The 1872 Act made no reference to bicycles. The court elected to use the mischief rule to decide the matter. The purpose of the Act was to prevent people from using any form of transport on a public highway whilst in a state of intoxication. The bicycle was a form of transport and therefore the user was correctly charged. Purposive approach This rule exceeds the mischief rule by not just looking for gaps in statutes but for judges to decide what parliament actually meant to achieve. One of the true supporters of this rule is Lord Denning, his attitude towards this rule is shown in the case of Magor and St Mellons v Newport Corporation (1950) â€Å"We sit here to find out the intention of parliament and carry it out, and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis† This approach does have its drawbacks and many a judge has voiced its shortcomings saying that, should judges refuse to follow the clear words of parliament and how do they know what parliament’s intentions were? Summary Statutory interpretation as tool is paramount, without it, statutes that were written 100 years ago just wouldn’t be able to be implemented unless statutory interpretation was used. It allows judges and Lords the flexibility to look into statutes and decide whether it is still fair to implement, to break down statues and to interpret how they were original intended, additional if bills hav e been written incorrectly the judge can use statutory interpretation to avoid absurd results and not make a mockery of the English Legal System. Rules of Language Eiusdum generis (of the same kind) In addition to the rules above, the courts also rely on rules of language to assist in statutory interpretation. Firstly, eiusdum generis Latin for â€Å"of the same kind,† used to interpret loosely written statutes. The general words are to be taken as referring only to those things of the same class as specifically mentioned e. g. ‘cats and dogs’ does not include wild animals. There must be at least two specific words in a list before the general word or phrase for this rule to operate. (the phrase ‘theatre or other place of public entertainment’ includes a funfair even though it was not of the same kind as theatres). Expressio unius est exclusio alterius (the mention of one thing excludes others) This is when one or more things of a particular class are mentioned but others may be silently excluded this can be seen in the case of Tempest v Kilner (1846) the court had to decide whether stock and shares were affected by the statutes of fraud 1677(which states that the contract of goods, wares and merchandise of the value of ? 10 or more must be evidenced in writing) but it was deemed that list of goods, ware and merchandise was not followed by general words(stocks and shares) and were not affected by the statute. Noscitur a sociis (a word is known by the company it keeps) This rule of language used by the courts helps interpret legislation, under which the questionable meaning of a doubtful word can be derived from it association with other words. This can be seen in the case Foster v Diphwys Casson (1887), this involved a statute which stated that explosives taken into a mine must be in a â€Å"case or canister†. Here the defendant used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under noscitur a socials, it was held that the bag could not have been within the statutory definition, because parliament's intention was referring to a case or container of the same strength as a canister. Intrinsic Aids are things inside the act which assist the judge to interpret or apply the law. Extrinsic Aids are things outside the act which assist the judges to apply or interpret he law. For example the judges can look at previous acts of Parliament and the historical setting. Judicial precedent A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (stand upon decisions) and by which precedents are binding and must be followed. When new cases are brought to court for the first instance and there are no previous cases to base the judgement, this is called Original president. Binding precedent is where past judgements of a similar set of facts are implemented to help courts to keep cases fair by deciding the outcome based upon previous cases. The common law has been developed by passing down from precedent to precedent. In giving judgement a judge will state the law, set out the facts and then provide a decision , it is only the ratio decidendi (the legal reasoning for judicial decision)which is binding in later courts. Orbiter dicta (other things said) may be put forward in future cases but it is not binding, the difficulty is the separation of the two from past judgement as they are not usually listed separately. Judicial precedent is an important source of English law as an original precedent is one which creates and applies a new rule. However, the later decisions, especially of the higher courts, can have a number of effects upon precedents. In particular, they may be: †¢ Reversed: where on appeal in the same case the decision is reversed, the initial decision will not continue to have any effect †¢ Overruled: In a later case a higher court decides that the outcome of the first case was wrong. †¢ Distinguished: where an earlier case is rejected, either because the material facts differ or because the statement of law in the previous case is too narrow to be properly applied to the new set of facts †¢ †¢ A refusal to follow: this arises where a court, not bound by the decision, cannot overrule it but does not wish to follow it so it simply refuses to follow the earlier decision †¢ Explained: a judge may seek to interpret an earlier decision before applying it, so the effect of the earlier case is varied in the circumstances of the present case. Court hierarchy and structure In England and Wales there is a strict hierarchy of the court system, every court is bound by a decision made by a superior court in its hierarchy and appellate courts (courts that hear appeals) are generally bound by its own decision. Courts of first instance Is where the original case was heard, The ECJ, House of Lords, court of appeal and divisional courts do not hear any original cases as they only hear cases of appeal. European Court of Justice The ECJ is the highest court in the English Legal system; European law will be decided in this court and will be binding on the rest of the courts within its structure although some laws are unaffected by ECJ and the House of Lords is supreme. One important feature of the ECJ is that it can overrule its own past decisions if deemed necessary. House of Lords Is not bound by its own decisions and is the most senior national court, its decision bind all courts lower in its hierarchy. Court of appeal Is subsequently split into two divisions, civil and criminal, both are bound by superior courts (House of Lords and ECJ) generally they will follow past decisions of their own but some flexibility (more so criminal division) is accepted. Divisional court Decisions are bound by the ECJ, House of Lords and court of appeal and are also usually bound by its own decisions although some flexibility similar to that of the Court of appeal can be used. High court Decisions are always bound by courts higher than them but none below. All other courts below the High Court are bound by higher courts and will not set president in subsequent cases. [pic] Unknown author. The Court Structure of Her Majesty's Courts Service [online] Available at http://www. hmcourts-service. gov. uk/aboutus/structure/index. htm accessed 16/11/09 Use of Practice Statement Introduced in 1966, practice statements allowed the House of Lords to change a law and deviate from following earlier cases if they have been considered to have been wrongly decided. There is very little guidance when implementing therefore many judges have been reluctant to use it. The first instance of its use was in the Herrington v British Railways Board(1972) this involved the law of their duty and care owed to a child trespasser. In an earlier case Addie v Dumbreak (1929) the lords had decided that the land occupier is only responsible for the duty of care to injuries of child trespassers if the injuries were deliberate or reckless. In the herrington case the lords had decided that social and physical conditions had changed since 1929 and so should the law. Summary Judicial precedent is a crucial segment in English law, it has formed the backbone of common law by passing rulings from president to president, binding or none binding and has given Judges and lords the power to keep every case fair through binding president and in the eventuality of changes (social circumstances, politics, technology) it can use it to adapt and move with the times accordingly. ———————– European Court of Justice

The Rationale for TEFL Materials

The Rationale for TEFL Materials Introduction Learning materials play a significant role in teaching an English programme. English teachers often use a wide range of instruments to facilitate teaching and learning processes (Wright 2010). The advent of the World Wide Web has transformed the manner in which teachers design learning and instructional materials.Advertising We will write a custom critical writing sample on The Rationale for TEFL Materials specifically for you for only $16.05 $11/page Learn More In essence, the internet has provided an elemental opportunity to support computer-mediated instruction (Nizonkiza 2011; Tomlinson 2008). According to Weston (2009), web-based applications provide different forms of educational technologies that enhance learning experiences. The primary benefit of these tools is that they support the development of a collaborative learning environment (Wright 2010). The purpose of this rationale is to provide a basis that support development of computer- based TEFL materials. The teacher designed the learning materials for Kuwait University students in a general English class. The objective of developing these learning tools was to enhance learners’ performance in business courses. This analysis will demonstrate how educational theories, literature, and reasoning influenced creation of the materials. The rationale will review literature and educational models that support incorporation of Computer-Assisted Language Learning (CALL) studies strategies in a conventional classroom. The Learning Context Type of Lesson: General EnglishAdvertising Looking for critical writing on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Level: University (Year 1) Language Skill: Listening and Reading Time: 1 hr 30 min per day Class Profile The instructor developed learning materials for a group of 30 male and female students at Kuwait University. The materials will facilitate genera l English instruction for the first-year students in a blended classroom. The general English lessons will run for eight consecutive weeks from Monday to Friday. Each week will account for six and a half hours and the students will complete two assignments per week. The aim of this course is to assist the students to improve their listening, reading and writing skills in English. This goal is essential because some of their core courses are taught in English. These skills will help them to improve their overall performance and educational objectives. The Assessment of Needs The students have enrolled in international business courses at the university. The English language is the mode of instruction for most of the core courses.Advertising We will write a custom critical writing sample on The Rationale for TEFL Materials specifically for you for only $16.05 $11/page Learn More As such, the Department of Business Administration has introduced an English Imme rsion Programme to support the students who speak English as a second language. The university offers mandatory English classes for 30 to 45 minutes daily. Despite these efforts, these students lack self-efficacy and competencies in spoken and written English respectively. The primary concern is that the students do not receive any linguistic support apart from the 30-45 minutes remedial sessions. The degree programme mandates the students to read multiple books, journals and case studies. The main problem is that the students have limited scanning and skimming skills to comprehend this information. The listening materials will help enhance students’ vocabulary. They will also be in a better position to know how various words are pronounced. Strengths and Weaknesses It is important to note that the students received English instruction from grades one to five. Thus, they have basic skills in both written and spoken English. The students have also formed groups to practice new vocabulary during the immersion sessions. According to Forman (2011), learners achieve higher grades when they take control of their learning process. However, it is unfortunate that the students performed poorly in their latest English essay exam. This exercise also required them to gather information from electronic databases and libraries. A meeting with their professors identified two concerns. First, syntax errors were prevalent in the students’ written assignment.Advertising Looking for critical writing on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Second, the students were unable to synthesize the information in the module materials to answer all the questions correctly. Skimming and scanning were also identified as another weakness among these students. The Teaching Schedule The learners will complete two tasks: an essay and listening activities. Each lesson will begin with a warm-up session that will expose students to various technological tools and devices. They will then identify their most innovative technologies and provide reasons for their choices. The purpose of this task will be to underscore the role of technology in pedagogy. The participants will then complete a three-minute test. The objective of this test will be to introduce specific terminologies commonly used in web browsers and applications. The intake of these vocabularies will enable the students to understand the text more easily. The lesson will also contain a pre-listening session. The students will predict the answers to a set of questions based on t he title of a video. Materials Introduction In this section, the researcher will identify materials that will be needed for the blended learning. The materials must be suitable for year 1 students in Kuwait University. Identifying these materials will help in developing the approach that will be used in this blended class. The materials must be readily available within the university. The materials The delivery of the instruction materials will use two web-based applications: Moodle and TED-Ed. Karchmer-Klein and Shinas (2012) have argued that high cost of purchasing and installing web-based applications limits their incorporation in blended classroom. Conversely, both Moodle and TED-Ed are free applications. Thus, the cost-effectiveness of these tools influenced their selection. In addition, they support collaboration and interactions based on the social constructionist pedagogy. Hsu and Lin (2008) have indicated that effectual cooperation during the learning process improves educa tional outcomes. Animated videos and Task-Based Learning (TBL) will also form part of the materials that will be used. The Objectives of the Learning Materials Learning materials play a significant role in facilitating the teaching process (Dudeney Hockly 2007). The particular aims of the learning materials include the following: To enhance development of reading skills To help students acquire new vocabularies that may enhance their understanding of the language. To enhance time-management skills among the learners. To measure if these objectives are achieved, learners will undertake oral exams to test development of new vocabulary, time management and reading skills. The Rationale for the Learning Materials Introduction The unprecedented advances in information and communication technologies have revolutionised the way teachers and students interact (McQuirter Dortmans 2013). The increasing shift towards online learning has supported proliferation of Computer-Assisted Language Learning (CALL) into the conventional classroom (Chapelle Jamieson 2008). The primary purpose of CALL is to generate evidence-based practices in the development of web-based learning tools. On the other hand, the rising influence of English language in the contemporary society has been the force behind the Second Language Acquisition (SLA) research (Watson, Watson Reigeluth 2012). Web-based learning has emerged as one of the most feasible teaching approaches in the modern world (Hsu Lin 2008). The principal tenet supporting internet-based education lies in its capacity to support interactions between teachers and students. These applications also improve communication among the learners (Karchmer-Klein Shinas 2012). The level of communication in these contexts improves the productivity and performance of trainers and trainees respectively (Wohlwend 2010). The purpose of this rationale is to demonstrate the significance of using technological resources to improve listening, read ing and speaking skills among ELLs. This rationale will illustrate the factors that influenced the design and development of the electronic learning materials. In addition, the analysis will also identify theoretical and empirical frameworks. The Justification for the Blended Classroom Blended learning is a technique that has emerged from the development of information and communication tools. In practice, blended learning uses online and digital media to complement conventional classroom methods (Wright 2010). One of the principal challenges teachers encounter in the traditional classroom is the inability to meet the individual needs of each student (Forman 2011; Watson, Watson Reigeluth 2012). A blended classroom addresses the preceding limitation by providing a wide range of web-based tools. The multiplicity of these tools will motivate the students because they break the monotony of face-to-face instruction. In addition, the role of the trainer is to provide support and consult ation (Wohlwend 2010). That is why blended learning has gained popularity in the recent past. Secondly, classroom teaching fails to acknowledge the fact that students synthesize learning materials at different paces (Shute Towle 2003). Self-blending allows students to control the process of acquiring information and knowledge. The learners accomplish this goal by using diverse tools to customise their learning experiences and materials. For example, the use web-based application will facilitate the acquisition of soft skills in comprehension much faster than it is possible in the conventional settings (Nizonkiza 2011). On the other hand, blended learning provides asynchronous communication between teachers and their students because of the additional support offered by web-based application in the learning process. Consequently, instructors do not have to spend too much time on talking and teaching unfamiliar content (Falvo Johnson 2007). Another advantage of using the blended cla ssroom model is that it improves performance and educational outcomes. The application of information and communication technologies in the classroom increases access to a variety of learning materials (Forman 2011). Yu, Zhang and Chen (2006) have argued that gifted students do not get a chance to hone their skills considering the limits of the current curricular. Nonetheless, educational technologies enable this group of learners to avoid grade restrictions or advance their competencies. Weston (2009) has also argued that these innovative tools (such as simulations, video and audio content, animations and others) improve the retention rate. According to Hsu and Lin (2008), educational technologies reinforce the information acquired through the conventional teaching practices. This will be applied in this programme by providing learners with digital materials of what they have learnt in class. The Justification for Choosing the Materials The learning materials consist of two web app lications: Moodle and TED-Ed. Moodle is a web-based application that allows instructors and learners to design personalised instructional environments. Moodle provides collaborative learning based on the social constructionist pedagogy. The collaborative learning environments empower both the learning and teaching processes. The justification for choosing this application is that it supports blended learning. A ccording to Chapelle and Jamieson (2008), connected behaviour in a learning environment stimulates learning since learners share their knowledge and experiences. The participatory nature of Moodle will allow the participants to become both teachers and learners. The design of this material will help ensure that teachers and learners can interact even when they are not in a classroom setting (Redington 2011). Secondly, the teacher will create learning materials using the TED-Ed Lessons. This websites allows its visitors to add supplementary materials (including discussion topi cs) to any educational videos posted on YouTube. The use of TED-Ed lessons will play a fundamental role in introducing new information in curiosity-inspiring and exciting way. In essence, the TED-Ed lessons allow the teacher to use video clips and films to transmit information. The Teacher’s Role in Blended Learning The teacher’s beliefs and attitudes have a fundamental influence on vocabulary intake. Individual perceptions are very influential in determining classroom behaviours and actions (Shafie Nayan 2010). These components also determine whether the student will succeed or fail to master the foreign language (Forman 2011). The role of the teacher has evolved from a monitor to that of a facilitator and manager since the advent of the internet. The point of argument that has emerged from these conceptualisations is whether or not blended classrooms require teachers to fulfil their traditional roles (Warschauer 2007). The keyword in the Computer-Assisted Language L earning (CALL) context is â€Å"assisted.† It means that although blended learning gives students some autonomy, teachers still control the learning process (Ko 2012). Web-based learning allows students to take control of their knowledge-acquisition process by personalising their learning experiences. Karchmer-Klein and Shinas (2012) have argued that this freedom ensures that the learners synthesise materials at a preferred pace, which improves performance. Web-based tools have influenced the shift towards student-centred learning, which has transformed the role of the teacher fundamentally (Warschauer 2007). It allows for a personalised and student-centred approach of learning because the learner can dictate the pace and time of consuming a given digital material. This is very different from the traditional learning approach where learners had to follow rigid timetables which they had no control over. The teacher no longer functions as the predominant disseminator of informa tion. By contrast, instructors are now the managers or facilitators of the learning process (Shafie Nayan 2010). The use of technology in the conventional classroom gives students more autonomy. Chapelle and Jamieson (2008) have discovered that most teachers are yet to conceptualise the difference between Tacher-Talk-Time (TTT) and Student-Talk-Time (STT). Teachers are often cautious about giving their students total freedom (Redington 2011). According to Shafie and Nayan (2010), such teachers continue to dictate the pace and contexts of learning. Subsequently, students only consume whatever their teachers give to them. This study will not conform to this traditional belief because web-based applications will allow the learners to assume control over their learning by enabling them to dictate when and at what pace they want to consume a given knowledge (Cooker 2008). These tools will also facilitate efficient communication and collaboration between teachers and their students (McQu irter Dortmans 2013). For instance, the primary function of Moodle is to create a collaborative learning environment. Effectual instruction is feasible in these settings if teachers allow their students to make contributions and suggestions during the lesson (Falvo Johnson 2007). The constructive approach to learning supports the transitioning of the teacher’s role from an information provider to a facilitator. According to this theory, the construction of knowledge and meaning takes place in a student’s mind (Shafie Nayan 2010). Wright (2010) has also indicated that this process is continuous since it is always evolving. The use of the Moodle application will enable the teacher to interact easily with the students. Forman (2011) has argued that this approach creates a learning environment that encourages exchange of information, knowledge and ideas openly. The Significance of Feedback One of the most significant components of learning is giving students appropriate feedback. Hsu and Lin (2008) have indicated that students show progress when they receive feedback from their instructors. According to Forman (2011), feedback is an essential aspect of assessment because it enables students to evaluate their performance. Wright (2010) noted that students get more feedback in virtual settings compared to the traditional classroom setting. The point of argument is that web-based applications give instant comments than the teacher does. On the other hand, teachers often give generalised views that disregard the needs of individual students. Consequently, such an action does not benefit the whole class equally (McQuirter Dortmans 2013). The learning materials make it possible for the learners to receive instant results whenever they undertake web-based assignments. The grading threshold for the test is the achievement of the highest grade. The learners can attempt the exam several times until they attain this goal. The feedback for incorrect answers will give the students an opportunity to reorganise their knowledge and information. Wright (2010) found out that students who received explicit feedback improved their writing and reading skills. For example, the first task will be to ask the student to match computer terminologies with their respective meanings. Adaptive Learning in Blended Classrooms Both the teaching and learning processes are essential in blended classrooms. Computer applications do not improve performance in a vacuum. According to Weston (2009), these tools are only meant to support learning procedures. Forman (2011) has noted that the individual characteristics rather than web-based applications determine the performance of both the teacher and learners. For example, a school may have the latest educational technologies but this cannot improve performance before motivating the learners to use these tools. Thus, adaptive learning is very critical in blended classrooms (McQuirter Dortmans 2013). The role of ad aptive web-based learning is to enhance user experiences by maintaining didactical and pedagogical processes (Chang 2010). Motivation, preferences and prior knowledge constitute learner-specific characteristics that influence performance (Shute Towle 2003). Didactical activities require the teacher to use technology to meet the demands of the target group. The learning materials have incorporated this concept into the teaching and learning processes. This is achieved by providing learners with web-based materials that they can always review at their own time. This means that if a learner did not understand a concept in a classroom setting, he can review the online materials at any time in order to enhance his knowledge. It is imperative to note that Moodle and TED-Ed will not replace current practices. By contrast, the aim of using technology is to improve and simplify conventional classroom practices (Lapp, Moss Rowsell 2013). For instance, a student may score poor marks in his f irst business essay because he was unable to synthesise his notes given in a classroom setting. This means that such a student may not have proper revision materials to prepare for exams. The proposed tools will address this problem by enabling the learners to have all the materials they need at any time whether or not they prepared notes when the teacher was in class (Chang 2010). One of the crucial benefits of using technology in classrooms is that it provides unique experiences than the non-ICT approaches do. However, it is important to note that sometimes the adaptation to ICT tools may be very complex and time consuming (McQuirter Dortmans 2013). For this reason, it may be necessary to come up with measures that will address these challenges in order to benefit from the use of the proposed materials. The proposed teaching materials will address these challenges by using simple applications to meet the students’ immediate needs. The learners require improving their liste ning and reading skills to understand the business terminologies used in the classroom. The purpose of the learning materials is to match English language learning content with the student’s characteristics. This objective is elemental to support didactical and pedagogical processes (Lapp, Moss Rowsell 2012). Constructivist-Collaborative Approach shifts focus from the teacher to the student. This framework encourages students to assume an active role in the learning process instead of being passive spectators (Falvo Johnson 2007). Weston (2009) has posited that the thoughts and contributions of the students augment the learning process even if they do not make sense. The Moodle tool will require the students to navigate through multiple information sources to get the solution to a particular task. The purpose of this activity is to support the acquisition of critical thinking skills. This assignment will also help students to enhance their skimming and scanning competencies . The teacher will use an evaluation checklist to ensure that the task is sufficiently comprehensive. This means that at regular intervals, a teacher may consider giving learners a long passage to go through within a short time. The learners will be expected to skim the passage in order to grasp important concepts about it. After that, they will be asked a series of questions based on the passage. The aim of this process is to enable the learner to get relevant information relatively fast while in the World Wide Web. The Rationale for using Authentic Materials The effectiveness of teaching any language necessitates the development of authentic materials. The rationale underpinning the previous statement is that these tools bridge the gap between the real world and academia (Chang 2010). The main problem that learners may face when using blended approach of learning is that sometimes online materials may be misleading. For this reason, it was necessary for the teachers to play an act ive role in web-based learning (Dykman Davis 2008). They should define the kind of materials which are appropriate for the learners. Despite these diverse viewpoints on the issue of authenticity of the web-based materials, Tomlinson (2008) has claimed that the use of authentic English in the learning materials is essential to engage the learners affectively and cognitively. It is crucial to note that students often find it hard to comprehend some of these resources fully. Dudeney and Hockly (2007) have underscored the significance of designing effectual tasks to limit these complexities. The proposed learning materials preferred the authentic texts to English language training (ELT) practices for three reasons. First, it was necessary to tailor the learning materials to the students’ needs. These tools will pay attention to language, as well as engage the learners effectively (Hsu Lin 2008). Secondly, the use of these texts will motivate the students to assume an active rol e in the learning process. This study will involve students from diverse cultural and linguistic backgrounds. As such, Tseng (2002) suggests that it will be counterproductive to use materials meant for instructional purposes only. Thirdly, business case studies and essays often assess the students’ comprehension of global issues. The learners who are participating currently are pursuing a bachelor’s degree in international business. Thus, their ability to use English language comprehensively is a competency that they will require in the future to become global leaders. Guest (2002) has argued that language is not about vocabulary, grammar and pronunciation. On the contrary, language learning becomes meaningful if the learners understand the cultures that underlie the language. The use of authentic texts will ensure that these students expand their perspectives about global cultures. The core of this objective is that culture influences individual perceptions and belief s (Tseng 2002). Lexis is a critical component of this lesson. The aim of focusing on this language system is to meet the students’ vocabulary intake needs (Nizonkiza 2011). The realisation of this objective necessitated the manipulation of the authentic texts in various forms. Guest (2002) has argued that English language learners find it quite difficult to comprehend some authentic materials. The development of simple exercises using Moodle was essential to make this process more amenable (Dudeney Hockly, 2007). The question design helps in making the whole process simple by eliminating unnecessary vocabularies that may confuse the learners. The teacher refined the authentic text through a vocabulary profile for two reasons. First, it was necessary to simplify the task without compromising the layout of questions. Second, this strategy was crucial to enable the learners to acquire new lexis using web-based terminologies (Nizonkiza, 2011). The development of the learning mat erials emphasised authentic text for two reasons. Firstly, Lewis (2000) acknowledged the essence of teaching words within a cultural context rather than in isolation. Second, Folse (2004) has prohibited the tendency of guessing from the context since it is ineffective and impossible. According to Folse, students run the risk of learning the incorrect meanings of words when they employ guesswork. Chapelle and Jamieson (2008) have supported these assertions by emphasising the need to introduce students to novel vocabulary items. Chapelle and Jamieson have indicated that teaching vocabulary with CALL â€Å" help learners to develop strategies for explicit vocabulary learning through the use of online dictionaries† (2008 p. 12). Based on the materials discussed in the section above, learners will rely on web-based learning to know the meaning of some words and the context under which they should be used. The trend of globalisation has diversified the current populations in the Ki ngdom of Saudi Arabia. Thus, these students come from diverse cultural and linguistic backgrounds (Yu, Zhang Chen 2006). Shute and Towle (2003) have noted cultural and language diversities influences how English Language Learners (ELLs) acquire language skills. As such, the learning materials will be sensitive to cultural and language differences among the students. Further, the teacher will employ differential and supplemental activities to enhance the acquisition of reading competencies. Besides the normal classes in the brick-and-moter setting, a teacher may consider sending the learners to a world wide web for a further investigation of a given issue. This means that the teacher will have more time to attend to other academic tasks other than spending time with students trying to explain a single concept repeatedly. The faculty will review the internet-based materials to ascertain their authenticity and applicability in the classroom. Conclusion This assignment has demonstrated that adequate use of technology can play a significant role in facilitating language learning and teaching. The novel technological advances and innovations provide essential tools that teachers can use to enhance the acquisition of language and vocabulary skills. Computer-Assisted Language Learning (CALL) does not only improve students’ abilities but also supports professional development. This rationale has highlighted the application of CALL materials to facilitate English learning among university students. The use of Moodle and TED-Ed tools was necessary to prepare them to perform better in their second assignment. The rationale has shown that students can benefit both academically and personally if teachers use the CALL tools efficiently. Despite the many benefits of CALL, they also present a myriad of limitations. First, the limited face-to-face interactions undermined the capacity to provide timely feedback. Second, it was impossible to develop high-quality content b ecause the tools lack superior interfaces. For instance, the materials may not be as engaging as a teacher would be in a classroom setting. Moreover, these tools may not identify academic weaknesses of a learner. This can only be done by a teacher. Nonetheless, both Moodle and TED-Ed applications supported social interactions, which were crucial for them to acquire language and literacy skills. 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