Tuesday, January 21, 2020
Elementary Education Observation Essay --
As I entered South County Elementary School Theresa Geis, the principal, was waiting for me so that she could introduce me to the first and fifth grade teachers. At first this seemed like a dream due to the fact that I had been to that same school for my early childhood observation. Knowles elementary has about 629 students and a total of 55 teachers (publicschoolreview.com). The students have different ethnic backgrounds that provide a culturally diverse student body. These ethnic groups include: 48% Hispanic, 40% White, % unknown, 5% African American, and 1% Asian (publicschoolreview.com). As I entered the first grade classroom of Mrs. Robinson I knew it was the classroom that I wanted to observe. The classroom had a warm feeling and Mrs. Robinson walked immediately up to me to introduce herself. The classroom was filled with posters, laughter, and little children trying to put away their backpacks and jackets in their lockers. The desks were laid out in groups and it could be seen that each of the students had a partner that they were going to work with throughout that day. As Mrs. Geis left I was able to sit and watch Mrs. Robinson begin to teach her classroom filled with excited first graders. Borich (2011) explains lesson clarity as, ââ¬Å"The teacherââ¬â¢s ability to speak clearly and directly to the class and to organize and structure content at the studentsââ¬â¢ current level of understandingâ⬠(pg. 272). This means that how the teacher speaks and organizes their lesson content needs to be tailored to the studentsââ¬â¢ ability to retain the information. To be able to obtain lesson clarity there are three different dimensions that must be followed. These dimensions are informing learners of the objective, providing lear... ... statement from the beginning of the semester has not change except one little part. The change would be that I would add every moment, minute, and second in a classroom matters. It is through these observation I have set personal goals that will help me throughout the rest of my life. These goals are: 1. Finish my degree in Elementary Education a. Hopefully received my masters 2. Create a journal or a book about all the experiences I have had through observing and as a future teacher. (To turn back to when I am struggling or am trying to find an answer to a problem I might have) It will take me a few years to accomplish the goals that I have; however, I have now observed many teachers who have completed these goals. These teachers have given me hope and a sense of determination to finish my school so that I can start to make an impact in the world as well.
Monday, January 13, 2020
McDonalds Video Advertisement Essay
This paper analyzes the rhetorical features of one particular video advertisement (2010 see Reference list for details) that was issued on the internet by the multinational burger company McDonalds. It now circulates on the internet with and without the English subtitles. The subtitled text of the advert is a very brief nine lines long, followed by the single tag line ââ¬Å"Come as You areâ⬠and the full text is given below at Appendix 1. Hill and Helmers (2008, pp. 51-53) describe how a video uses a particular type of persuasion called ââ¬Å"visual argumentâ⬠which is rhetorical rather than logical or dialectical. The medium is very compressed and this does not allow full exposition of claim, argument, rebuttal, etc but on the other hand the visual aspect lends a sense of immediacy which written text does not have. They warn, however, that the apparent advantage of seeing rather than reading is partly illusory, since the images presented are highly structured and filtered so as to present a particular viewpoint. In their terminology the McDonalds advert would fall into the category of ââ¬Å"didactic narrativeâ⬠. The target market for McDonalds products is generally young families and teenagers. The opening shots set a scene which is familiar to this group: a busy and noisy McDonalds restaurant with many smiling faces. A father waits to be served while a son sits at a formica table and talks on his mobile telephone while looking at a photograph. Across the world, in France as well as in other countries, this is a regular occurrence and will resonate with both older and younger viewers who see themselves in the father or son role. The dresscode in the video is casual and ââ¬Å"coolâ⬠as evidenced by the beanie hat worn by a customer, and the hoodie worn by the boy who talks. This is typical of styles popular with young urban males. At first it looks like a mainstream father and son, where the son talks to someone romantically on his cellphone. The person on the other end of the telephone is neither seen nor heard and one just assumes out of habit that this person is female. Lines 1-4 are spoken by the boy. The father arrives and lines 5-9 are spoken by the father. As the father quizzes the boy and makes a comparison with himself, the facial expression of the boy makes it clear that the father is not aware of a crucial difference between them: the boy is gay. The Tag line which is presented on a plain screen at the end just before the McDonalds logo ââ¬Å"Come as you areâ⬠tacitly acknowledges that people are different, and extends a welcome to all kinds of people. It does not matter whether they are older or younger, gay or straight, they should still come to McDonalds and eat together. The claim, or main issue which the video presents is that diversity is a good thing, and people should be welcome regardless of their sexual orientation. There is no explicit verbal argument to back this up, but the story presents the gay son in a favourable light. This is done by camera angles that focus on his face, and the choice of an attractive young French male actor dressed in pretty average teenage clothes. This is by no means extreme gay activism with stereotypical gay wardrobe, mannerisms and speaking style but a subtle depiction of a situation that a pretty average young gay man is likely to encounter. It all looks and is intended to look ââ¬Å"normalâ⬠. The video is youth-focused, because it lets the audience see things from the boyââ¬â¢s perspective, while making it obvious that the father does not appreciate the insider information which audience and boy share. The father represents the traditional French male role model of an experienced older man who is successful with women. The son represents a more up to date role model of a gay French man. An interesting aspect of the video is that there are a number of appeals going on at the same time in different directions. On the one hand there is a main message conveyed by pathos, which shows the young boyââ¬â¢s romantic feelings towards his boyfriend, and his wry acceptance of his fatherââ¬â¢s old fashioned and rather macho attitudes. On the other hand there is some authority and believability in the role of the father who pays for the meal and takes a positive and fatherly interest in his son. The son is inward looking and reflective, using the personal pronoun ââ¬Å"Iâ⬠to reveal his feelings, while the father uses the pronoun ââ¬Å"youâ⬠more often and directs his feelings outwards. The father cites the evidence of his own experience to offer an example for the boy to follow in his footsteps. McDonalds will be well aware that parents and teenage children, and the sometimes complex and difficult relationship between them is absolutely the territory in which they operate their business. They provide a framework, something like a neutral territory, in which this generational conflict can be worked through, via the activity of buying and eating fast food. In making the gay-friendly message implicit, rather than explicit, McDonalds avoids the possible outcome of presenting a crass or sensationalist message. The way gaps in the narrative are left for the viewer to supply is also very clever, because it flatters the audience and forces them to get involved in constructing the meaning of the advertisement. Ambiguity used in this way is a very powerful rhetorical technique. There is still, of course, the possibility that some viewers will react negatively to the overturning of the traditionally dominant heterosexual point of view. Some viewers will resist the gay-friendly message that is being constructed but this, too, is part of the writerââ¬â¢s intention. Advertisers often court controversy as a means to extend the impact of their message and this is a prime example of that. If some viewers react with an indignant and anti-gay blog post or a you tube video or text response then this in turn provokes pro-gay and pro-McDonald posts from the viewers. The message is then guaranteed durability and a wider circulation. In purely technical production terms this video is a model of economy and precision. There are only two speakers, and each takes only one conversation turn. The product is never mentioned, and the instant recognizability factor with this brand makes this irrelevant in any case. Just in case there is any doubt in the viewerââ¬â¢s mind, however, the logo is added at the end. The colors are muted, and the mood is a gentle family intimacy with some tension caused by the unspoken facts which change the surface meaning of the discourse. Deep meaning is conveyed in shots of the changing expressions on the sonââ¬â¢s face, and these meanings are obliquely referred to in the tag line ââ¬Å"Come as you areâ⬠. This phrase is used in standard English to mean something like ââ¬Å"donââ¬â¢t dress up specially ââ¬â there is no need to be formalâ⬠and the McDonalds ad suggests an extension of this to mean something like ââ¬Å"you donââ¬â¢t need to pretend you are straight, just be yourselfâ⬠for a young and gay friendly audience, or ââ¬Å"you donââ¬â¢t need to worry if your son is gay, just come and eat with him as normalâ⬠for an older audience who may be less open towards a gay message. The advert makes a plea for tolerance, not for any particular orientation. All of the components of the advert, even including the brief snippet of song saying ââ¬Å"Iââ¬â¢m going on my wayâ⬠at the end, support these same messages and the images work, because they rest on a long McDonalds formula of adverts showing intimate conversations in busy restaurant scenes, but incorporate this new ââ¬Å"diversityâ⬠based angle in a positive, friendly and contemporary way. Appendix 1. 1. Boy: Hello? 2. Boy: I was thinking about you too. 3. Boy: I miss you too. 4. Boy: My dadââ¬â¢s coming, I have to hang up. 5. Father: Is this your class picture? 6. Father: You look just like me at your age/ 7. Father: Let me tell you I was quite the ladiesââ¬â¢ man! 8. Father: Too bad your class is all boysâ⬠¦ 9. Father: You could get all the girls. (Song in the background) 10. Tag line replaces the pictures : Come as you are. Hill, Charles A. and Helmers, Marguerite (2008) Defining Visual Rhetorics. Mahwah, NJ: Lawrence Erlbaum Associates. Lunsford, Andrea A. , Ruskiewicz, John J. , Walters, Keith. (2009) Everythingââ¬â¢s an Argument. Boston: Bedford books. McDonaldââ¬â¢s video advert ââ¬Å"Come as You Areâ⬠, (2010) in French with English subtitles. Available online at: http://www. youtube. com/watch? v=xk8xyONKK_4&feature=related
Saturday, January 4, 2020
Chapter 3 Conventional Wisdom - 1091 Words
Chapter 3: Conventional Wisdom Freakonomics was one of the best novels that I have ever read! I am truly amazed at how Steven Levitt and Stephen Dubner compared their study and research to the economy that we live in today. Out of all of the chapters in Freakonomics, Chapter 3: Conventional Wisdom, is the one that stood out the most. This particular topic relates to the world in many different ways. Conventional wisdom is often wrong. Conventional wisdom can be described as the ideas or beliefs that are accepted by most people that go unquestioned. A prime example of conventional wisdom is the belief that the earth is flat. In chapter three of Freakonomics, Steven Levitt discusses many ways that conventional wisdom is wrong. He asks the question, Why do drug dealers still live with their moms? He explains the conventional wisdom that most drug dealers are wealthy. People believe that one of the most profitable jobs in America is drug dealing, particularly crack dealing. Levitt examines this conventional wisdom and throughout chapter three explains why this isnââ¬â¢t true. The authors explored the research of Sudhir Venkatesh, a scholar who once lived amongst a gang of drug dealers while researching the crack culture in Chicago. Based off of Levittââ¬â¢s analysis of the financial records of a Chicago gang, the Black Gangster Disciple Nation, he proved that most drug dealers were not wealthy at all. In fact, the majority of the dealers earned an average of three dollars an hour,Show MoreRelatedThesis Of Freakonomics1352 Words à |à 6 Pages the main focus of the book is a new way of interpreting the world using economic tools. He explores incentives, information asymmetry, conventional wisdom, crime and abortion, and parenting throughout the six chapters of the book. There are five important principles in this book which are ââ¬Å"Incentives are the cornerstone of modern lifeâ⬠, ââ¬Å"The conventional wisdom is often wrongâ⬠, ââ¬Å"Dramatic effects often have distant, even subtle, causesâ⬠, ââ¬Å"Expertsââ¬âfrom criminologists to real-estate agentsââ¬âuse theirRead MoreFreakonomics Essay811 Words à |à 4 PagesFreakonomics Book Report In chapter 1, Levitt and Dubner describe how many people in different cultures and walks of life, which are otherwise inclined to be honest, find subtle ways of cheating to advance their position or increase monetary awards when incentives are strong enough. The authors define an incentive as ââ¬Å"a means of urging people to do more of a good thing or less of a bad thing,â⬠and identify three varieties of incentives. Economic incentives are those, which a person responds toRead MoreEssay on Review of Freakonomics1663 Words à |à 7 Pagesincentives. Incentives are described in a funny way as means of urging people to do more of a good thing or less of a bad thing, and in this chapter we find some examples Ãâ"public school teachers in Chicago, sumo wrestling in Japan, take care center in Israel and Paul Feldmans bagel business Ãâ" of how incentives drive people and most of the time the conventional wisdom turns to be wrong when incentives are in place. Read MoreConventional Wisdom, By John Kenneth Galbraith1119 Words à |à 5 Pagescreated the phrase ââ¬Å"conventional wisdomâ⬠, and found that social and economic behaviors prove to be complex. The passage uses an example of the homeless in 1980s in the U.S. A spokesperson for the benefits of the homeless states that there were around 3 million homeless in the U.S. The American public found that this was absurd, since this meant that 1 in every 100 people was homeless. However, it was found that he made up those amounts. Another example of this so called conventional wisdom, is listerineRead MoreFreakonomics by Steven D. Levitt Stephen J. Dubnerà Is Basedà on These Fundamental Ideas: Incentives, Conventional Wisdom, ââ¬Å"Expertsâ⬠-Use Their Informational Advantage897 Words à |à 4 PagesFreakonomics By Steven D. Levitt Stephen J. Dubnerà is basedà on these fundamental ideas: Incentives, conv entional wisdom, ââ¬Å"Expertsâ⬠-use their informational advantage Incentives are the cornerstone of modern life. And understanding them or, often, ferreting them outââ¬âis the key to solving just about any riddle, from violent crime to sports cheating to online dating.There are three basic incentives economic, moral and social. How do we profit and what incentives drive us to act unethical? TheRead MoreAnalysis Of The Book Freakonomics By Steven D. Levitt895 Words à |à 4 Pagesway as well as the way specific outcomes occur. They look into different aspects of society and view them with different perspectives. With the use of specific data and the fundamentals of economics, the very obscure comparisons and the different chapters in the book show correlation between economics and human nature. The main point of this book is to explain a few fundamental ideas through the answers of strange questions and how they play a major role in society. One of the primary fundamentalRead MoreFreakonomics by by Steven D. Levitt and Stephen J. Dunbar Essay1723 Words à |à 7 Pagesassociates them. From comparing teachers and sumo wrestlers, to inquiring why crack dealers still live with their mothers Levitt and Dunbar manage to successfully put a spin on conventional wisdom by looking at it through very different perspectives. Unlike most books this book has no central idea, in fact in the opening chapter Levitt makes clear that this is by design. The key concern was to make people challenge ideas and thoughts that are commonly believed to be true. One of the main fundamentalsRead MoreArgument Analysis : Freakonomics 1467 Words à |à 6 PagesFreakonomics Argument Analysis: Chapter Three 1. Chapter three, Why Do Drug Dealers Still Live With Their Moms?, expresses an intriguing thought by authors, Steven D. Levitt and Stephen J. Dubner. The Freakonomics authors follow a courageous man, Sudhir Venkatesh, a student at the University of Chicago, in his effort to understand and research the mysterious drug dealing business. Venkatesh first approached dangerous gangs and dealers in Chicago with a simple survey to learn more aboutRead MoreThe Book Freakonomics By Steven D. Levitt2418 Words à |à 10 Pagesis cheating, even though the entire chapter is not about cheating. He begins talking about the human needs for economic incentives. In which he brings up this example of a daycare in Israel, which he shows that it is a fine to grab the attention of parents to use this service and pick up their children on time, which at the end of the day is an incentive we donââ¬â¢t pay attention to in our everyday lives. Although this book does not go over the names of it s chapter, it is about ââ¬Å"stripping a layer orRead MoreThe Book That Caught My Eye Was Freakonomics : A Rogue Economist1967 Words à |à 8 PagesI read the back of the book and was intrigued by Steven Lewitt and how he studies riddles of everyday life. I am going to assess the 6 chapters and give an overall summary and my evaluations of the novel. Freakonomics has three main concepts relating to economics: winner takes all labor market, supply demand and equilibrium price and incentives matter. Chapter 1 starts out with a study on ten day-care centers in Haifa, Isreal. This study lasted twenty weeks. The first four weeks of the study economists
Friday, December 27, 2019
Thursday, December 19, 2019
Human Rights Violations in Guatemala Essay - 1362 Words
Guatemala is among one of the countries that is suffering from major human rights violations. The topics that I will be covering include the three main laws of human rights that are being violated in the country of Guatemala, as well as evidence and stories of victims, and the changes that this country is going through. I will be bringing up the topic of Guatemalaââ¬â¢s human rights violations and acts of injustice, including giving my opinion on these matters. Guatemala is a country that has yet to recover from past wars, and the country is lacking in peace between society, government and authorities. In the 1980s after Guatemalas war resolution state violence increased, reaching genocidal proportions, meaning that an extreme number ofâ⬠¦show more contentâ⬠¦None of these incidents has been satisfactorily investigated by the Guatemalan government; nor have those responsible been brought to justice, (Lobe, Jim.) , Gillermo Ovale de Leon an accountant was murdered in a robbery less than a block away from a foundations office. Two cars were seen by several witnesses with 3-4 armed men in military uniform. This murder was interpreted as another act of violence in Guatemala. This crime also coincided with important developments in two legal cases regarding the FRMT. a climate of fear due to threats, intimidations, disappearance and even killings. The perpetrators of these attacks are reportedly illegal clandestine groups. Allegedly, some of them have links with state institutions, in particular the police and the army. (Raul, Molina.) The first example that we see is the violation of the fifth right in the Universal Declaration of Human Rights stating that nobody has the right to torture you. In 1992 , a woman by the name of Maritza Uritia was abducted by armed men. Her husband was a part of the ââ¬Å"poorâ⬠army, and the men who were known to have abducted her were a part of what they called ââ¬Å"a secret organization.â⬠Maritza was blind folded by the men and chained to a bed for a week. She was forbidden of food and aShow MoreRelatedThe Discovery Of The Guatemalan Archives1417 Words à |à 6 Pagesthe government after decades of internal warfare. This reconstruction of public memory was extremely important for those involved in recovering and sifting through the documents, the families and friends who lost people during the civil war, to Guatemala and the discovery also held significance international (Weld). A few years later in March of 2008 files were seized by the Colombian Armed Forced during a raid. These archives belonged to the insurgent group called The Revolutionary Armed ForcedRead MoreA Brief Note On Urban And Rural Terms1251 Words à |à 6 PagesUrban and Rural Terms Guatemala is a country that has had rapid growth economically in the world. Guatemala is becoming the most popular country in the sector of industry and tourism of Central American, its population has continued to increase. The growth of the population invariably leads to urbanization, which refers to the development of urban areas and the migration of people from rural to urban centers. On the other hand, this has the reciprocal effect of the expansion of these centers muchRead MoreChilean Human Rights Violations Had An Undoubted International Significance800 Words à |à 4 PagesThe case about Chilean human rights violations had an undoubted international significance. Its highest point came with the arrest of General Pinochet in London in 1998, at the request of arrest warrant and subsequent processing issued by Judge Garzà ³n. The detention lasted for 503 days; nearly a year and a half that gave rise to several judicial and political actions and reactions that serve as the basis of understanding of the topic of the essay. On the one hand, the debate on universal jurisdictionRead MoreGlobalization Is The Process By Which People, Cultures,1476 Words à |à 6 Pagesincepted to maintain world peace and foster an environment of cooperation between nations, in order to solve economic, cultural, and humanitarian issues. The Universal Declaration of Human Rights for example is regarded as, ââ¬Å"A milestone document in the history of human rights,â⬠according to the United Nations. It ensures the rights to life, liberty, and education, and proclaims that, ââ¬Å"No one shall be held in slavery or servitude.â⬠But what happens when members of the UN General Assembly violate these declarationsRead MoreTruth And Justice : A Lexicon Of Terror And The Banality Of Evil, Victoria Sanford s Buried Secrets1612 Words à |à 7 Pagesit. But one day we will triumphâ⬠(Feitlowitz 133). There are many different aspects of truth and justices described in Hannah Arendtââ¬â¢s Eichmann in Jerusalem: A Report on the Banality of Evil, Victoria Sanfordââ¬â¢s Buried Secrets: Truth and Human Rights in Guatemala and in Marguerite Feitlowitz s A Lexicon of Terror, these aspects of truth and justice play an important role in describing the tragedies in each respective book. The books also illustrate to readers why truth and justice in general areRead MoreWomens Rights in Latin America and the Caribbean1362 Words à |à 6 Pagespervasive and widespread human rights violations women face in the region, with little chance of justice. The most pernicious types of womens human rights abuses in the Americas occur in the areas of womens reproductive and sexual health and rights, discrimination and violence against women in the workplace, and violence against women in the home. After decades of dicta torships in some countries, democracy has not meant an end to impunity for violations of women rights. In fact, despite the formalRead MoreTruth Commissions, As Outlined By The Course, Are Thought1190 Words à |à 5 Pagesbrought about by one of my classmates. While truth commissions are not relatively similar at all, besides the violence taking place for various different reasons, all by comparison were held in a degree to reach democracy as a sense of security for human rights. The United Nations is an intergovernmental organization that promotes international cooperation that is generally known for the powerhouses countries and governments that all are held into the same accordance. Generally, more of the first-worldRead MoreThe Effects Of The Guatemalan Genocide Of A Minority Group1449 Words à |à 6 Pagescivil wars in general and how even without war there is no peace in Guatemala. The extracurricular activity I attended for this report on peace studies was Dr. Catherine Nolinââ¬â¢s public lecture called ââ¬Å"Transnational Ruptures in a Time of Impunity: Genocide, Mining and Migrationâ⬠. Dr. Nolin is an associate professor at the university of Northern British Columbia. Her focus was placed upon the past and present violence in Guatemala. More specifically, the genocide of the 1980s, the migration that followedRead MoreFemicide1132 Words à |à 5 Pagesfunctions to define gender lines, enact and bolster male dominance, and to render women chronically and profoundly unsafeâ⬠(Suarez, 2009). Based on international federal and state law, women have the right to be free from violence. Overall, acts of femecide are viewed as a violation of the human rights of women (Femicide, 2008). The major difficult of family violence against women and girls is the fact that such actions are culturally sanctioned. This attachment to culture makes it difficult toRead MoreThe Central American country of Guatemala fought a bloody civil war for over 36 years. The1900 Words à |à 8 Pages The Central American country of Guatemala fought a bloody civil war for over 36 years. The internal conflict began in November of 1960 and did not end until December of 1996. The key players that fought where the Guatemalan government and the ethnic Mayan indigenous people that where extremely leftist compared to the Guatemalan government. The indigenous persons where joined by other non-government forces known as the Ladino peasantry and other rural poor. This civil conflict would escalate to
Wednesday, December 11, 2019
Statute Law an General Common Law Principles
Questions: 1. Bob Beech is a scallop fisherman and involved in commercial scallop fishing in the coastalwater of Jervis Bay in New South Wales. The stock of scallops in this water is limited andsubject to protective legislation to ensure regeneration. Hence, the Scallop Fishing and Marketing Act provides for a quota system. Under the quota system, a person must apply for a quota which will permit him or her to catch 50 tonnes of scallops in a calendar year.Further, the Scallop Marketing Authority will purchase any scallops up to the quota limit foreach person.The Act also provides for a number of offences. It provides that it is an offence to sellscallops caught in New South Wales waters to any person other than the Scallop MarketingAuthority and it further provides that it is an offence to catch more than the quota limit.Each offence carries a fine of up to $100,000.Bob has the physical capacity to catch more than 50 tonnes of scallops in a year and wishesto make more money from his business. His daughter Alice tells him that by incorporating acompany he could double his catch.Is she correct?2. New Nirvana Ltd is a company controlled by the members of the hard rock band, N/N. Anumber of wholly owned subsidiaries of New Nirvana Ltd are involved in setting up andrunning the bands concerts. One of the subsidiary companies, Nuclear Blast Sounds Pty Ltd,is responsible for setting up the sound equipment at N/N concerts in Australia. At a recentN/N concert in Sydney, Nuclear Blast Sounds Pty Ltd negligently set the sound levels toohigh with the result that five audience members suffered permanent hearing loss.Unfortunately for those audience members, Nuclear Blast Sounds Pty Ltd had no negligenceinsurance and cannot pay the likely damages claims.Advise the injured audience members whether they can make New Nirvana Ltd liable forNuclear Blast Sounds Pty Ltds negligence.3. Simon, Michael and Don set up a project management company called Millennium Pty Ltd.Don is a solicitor and the constitution of Millennium Pty Ltd nominates that Don will be thesolicitor for any land purchases or sales made by the company. The articles also provide thatany disputes which arise between the company and its members should be first referred toan arbitrator before there are any court proceedings.After a number of years, Simon and Michael meet another solicitor who they think is moreefficient than Don and they appoint him as solicitor for Millennium Pty Ltd.Don brings legal action against Millennium Pty Ltd over the matter.Advise the company as to their legal position. Answers: 1. Issue As anywhere else in the world, Australia government has a key responsibility to control the open access fisheries to address the basic economic and biological alarms(George D. Pozgar, 2015). Every government has responsibility to manage and regulate fisheries within its relevant jurisdiction. Scallop fishing and marketing act has designed quotas under that an individual should make application for in order to be allowed to catch 50 tonnes of scallop fish annually. It further provides that scallop marketing authority is the only market for the fish within those annual quotas. No fisherman should catch more that the allowed quota nor sell to any other market other than the scallop marketing authority. Any person who contravenes the Act is liable for an offence whose punishment can attract a $100 000 fine. Some individuals have the ability to harvest more than 50tonnes of scallops each year. Is it possible for a person to increase his/her productivity by incorporating a company as Bob i s advised by her daughter? Relevant Law The Fisheries Management Act 1994. Under division 4 section 17 (1) it states that, if scallops are taken by way of a dredge or related gadget or by a mixture of dredges and related gadgets from a boat, each day perimeter of scallops is whichever of the following applies: (a) Incase the scallops are packed in sacksthirty approved scallops sacks; (b) Incase the scallops are packed in cratesforty eight approved scallops crates. Main Legal Principle For commercial reasons, if a fisher is sailing a boat with a dredge or related items that have the ability to take scallops and is in possession of scallops section 18(1) of the Act states, the limit of scallops possession for that fisher is when whichever of the following applies: In case scallops ferried in boat are all packed in standard bags (whether partly full or full), thirty standard sacks, less the number of standard sacks with scallops on that boat and are not in possession of that particular fisher. In case the scallops ferried are in packages of approved crates whether in partial package or full, forty eight standard crates, less the number of standard crates with scallops on that boat and are in possession of that fisher. otherwise, the possession limit is zero Any other person, who does not do fishing for commercial purpose and is in possession of a dredge or any material that is capable of taking scallops, should not be in possession of any scallop. The law is provided for the licensed fishers only. Fishers who commit offences are punishable by law under the provisions of the act. Argument on the Facts If Bob registers a company, he will have formed an artificial person different from him. Companies are viewed as entity with different personalities from their incorporators. The main purpose of the fisheries Act is to limit amount of fish from the Jervis bay(Belding, 2015)(George D. Pozgar, 2015). The motives of fisheries control in South Australia are to control the living resources of the State so that their use and maximization are economically sustainable. Furthermore, management targets to improve long term economic and social benefits to the South Australian population. The key motive of limitation quotas is to ensure that every fisher does not exceed the standard quantity of fish per annum. Licenses and possession of the right endorsements for fisheries to operate in are key requirements for commercial operators. These endorsements indicate the kind of equipment to be used and standardize the quantity acceptable to be deployed. The scallop marketing authority cannot allow Bob to incorporate for a company and he himself remain in the business. This would be like doubling his quotas and allowing him to catch 100 tones instead of the allowed 50 tones. Alice, Bobs daughter was not right by advising his father to incorporate a company to increase his catch. Every single fisher is entitled to 50 tonnes of scallop each year. 2. Issue The legal issue in the dispute concerning Nuclear Blast Sounds Pty Ltd and five audience members who suffered permanent hearing loss is: when person causes damages to another person as a result of negligence and that person who caused damage has no negligence cover, is he/she liable for the loss caused? Can a company incur damages cost without involving the insurance company. Relevant Law Law of Negligence and Limitation of Liability Act 2008 (NI). For the case concerning Nuclear Blast Sounds Pty Ltd vs. injured audience members, Division 2 of the Act is applicable because it deals with duty of care. It states that a person is negligent by failure to take safety measures for harmful risk except; A reasonable person in the same circumstances and position would have seen it reasonable to take precautions to avoid harm. The risk could be foreseen (that is the risk was known to the person or should have been known) Risk wasnt significant. In legal sense negligence refers to the failure to legally do what a reasonable man who do in circumstances. It must be proved that the defendant owed duty of care to the plaintiff in order to establish liability. Duty of care refers to legal responsibility which requires a person to take precaution and reasonable care while dealing with others to avoid foreseeable harm. Main Legal Principle An individual ( defendant) who owes a duty of care to someone else ( plaintiff) to give a caution or other information to the plaintiff in case of a risk or other issue, satisfies that duty of care if the defendant takes reasonable care in giving that caution or other information. Argument on the Facts According to the facts, Nuclear Blast Sounds Pty Ltd is responsible for negligently setting high level sounds leading suffered permanent hearing loss by five members of the audience. It is already clear that the sound of the music was too high than usual since it is stated that they negligently set too high sound levels. It could be argued that too high sound is a necessary condition to cause harm to the ears of anyone who is subjected to the sound. A reasonable person, even without sound expertise could be sane enough to realize that exposing people to high levels of sound can cause eardrum damages(Justin Sweet, 2012). New Nirvana Ltd invited people to the concert without warning them that there could be high sound levels that can affect peoples hearing capacity. Since the Nuclear Blast Sounds Pty Ltd is a subsidiary of N/N they owe a duty of care to all visitors who attended the concert. The suffering of harm by five members of the audience shows that all the other members were exp osed to the danger of losing their hearing sense. The plaintiffs can prove that this was not an obvious risk as the sound did not come up due to technical hitches but irresponsibility of the sound experts. Neither were they aware of the high sounds before they decided to attend the concert(Pathak, 2007). Regardless of whether the sounds company has a negligence cover or not, it is its duty to act responsibly and set reasonable sound that is not harmful to their audience. Having no insurance for negligence is not enough defense for the Nuclear Blast Sounds Pty Ltd. This relieves the insurance company of the liability to this damage and rests it to the sound company. Part of the audience that suffered hearing loss was guests of New Nirvana Ltd and knew nothing about the sound company which is the subsidiary of N/N. The injured should sue New Nirvana for damages. 3. Issue Simon, Michael and Don are the starters of Millennium Pty Ltd. So they can be the directors of the company. They set up a constitution which nominates Don as the solicitor for land purchases and sales by Millennium Pty Ltd. After a few years of working together Don is removed as the solicitor of the company because Michael and Simon have met a solicitor who they efficiency they rank higher than Dons. Is it okay for a company to remove a solicitor who is also the director of a company without prior notice? What is the legal process and what legal action should the solicitor take? Relevant Law The solicitors Act 1974 (c 49) is a United Kingdom Act of parliament that regulates and stipulates the responsibilities and duties of practicing solicitors. It provides under what circumstances a person can practice as a solicitor. Also a solicitors Act 1954 governs the qualifications enrolment, duties and removal of solicitors. According to rule 42.2 of the civil procedure riles, a notice is to be served to all stakeholders when a solicitor is appointed to act on behalf of a specific party. Argument on the Facts Mostly use of solicitors is considered a necessity rather than choice(Powers, 2005). Generally an accountant and a solicitor are two main professionals that every kind of business must not lack. In most investments things are much better, less expensive and less risky, if clients take frequent advice from solicitors. Choosing a solicitor is a heavy task and having one at your disposal is such a privilege. There are always legal requirements and a process to follow while choosing solicitor. Michael and Simon were lucky to have one among them while starting up Millennium Pty Ltd. This saved time and resources for the company. A solicitor is considered to be acting for a specific party until a certain set of provisions are complied with(Powers, 2005). Millennium Pty Ltd Company should apply the following legal provisions to removing Don as its solicitor: The solicitor has a right to prior notice of removal- it is the duty of the company to notify the solicitor that he is subject to removal under certain condition. Wait for an order that the solicitor has ceased to act- the solicitor himself might make application supported with evidence, for an order declaring that he can no longer continue acting as the solicitor of a specific party. The company should first have received a notice from the solicitor unless the court has ruled otherwise. This might also happen when a court of law has ordered that a solicitor ceases to act. If a solicitor is in breach of ethical code conducts or committed any other fraudulent crime the court may order to remove that particular solicitor. Application by another party for removal of a solicitor who ceased to Act- this might happen in the case of death of an acting solicitor, bankruptcy, solicitor has gone missing or has ceased to practice. Failure to adhere to this provisions Simon and Michael cannot be justified to remove Don as the acting solicitor of the company and endorse another person. Don is protected by law and by the constitution of the company until a legal process is applied in his removal. Bearing in mind that Don is also a director of the company, he should be contacted while making such crucial decisions. Don has the right to take the matter to court and probably the court will rule in his favour since there is no evidence that he has breached or absconded any of his duties. Don remains the acting solicitor of Millennium Pty Ltd and the other solicitor proposed by Michael and Simon has no rights whatsoever to act as the companys solicitor. In fact Michael and Simon are liable of breaching provisions of the provisions of the companys constitution and the general law as while. References Belding, D. L., 2015. The Scallop Fishery of Massachusetts: Including an Account of the Natural History of the Common Scallop. Massachusett: Commonwealth of Massachusetts, Department of Conservation, Division of Fisheries and Game, Marine Fisheries Section, 1931. Burgunder, L. B., 2010. Legal Aspects of Managing Technology. Boston: Cengage Learning. Clair A. Cripe, M. G. P. D. K., 2012. Legal Aspects of Corrections Management. Burlington, : Jones Bartlett Publishers,. Commission, U. S. I. T., 2004. Conditions of Competition Affecting the Northeastern U.S. Groundfish and Scallop Industries in Selected Markets: Report to the President on Investigation No. 332-173, Under Section 332 of the Tariff Act of 1930, as Amended. Washington, DC,: U.S. International Trade Commission. George D. Pozgar, N. S., 2015. Legal Aspects of Health Care Administration. Burlington: Jones Bartlett Publishers. Justin Sweet, M. M. S., 2012. Legal Aspects of Architecture, Engineering and the Construction Process. Burlington: Cengage Learning. Marsh, J. H., 2009. The Canadian Encyclopedia. s.l.:The Canadian Encyclopedia,. Pathak, 2007. Legal Aspects Of Business. Pennsylvania: Tata McGraw-Hill Education. Powers, P., 2005. Presidential Powers. New York: NYU Press.
Tuesday, December 3, 2019
Stanislaus Military Academy developmental model and plan
Table of Contents Problem Identification Research theories related to the problem Measurable objectives related to the problem Participants and change agents Problem Diagnosis Procedure of solving problem References Problem Identification In organizations, development of models and plans facilitates the achievement of objectives through scientific approaches. Stanislaus Military Academy seeks to roll out a plan that will oversee the training of Marine Corps Junior Reserve Officersââ¬â¢ Training Corps (MCJROTC). Through the plan, the institution aspires to develop informed and outstanding citizens in cadets.Advertising We will write a custom proposal sample on Stanislaus Military Academy developmental model and plan specifically for you for only $16.05 $11/page Learn More The program also seeks to develop the traineeââ¬â¢s leadership skills by strengthening their character and comprehending the fundamental aspects of the national security. Throu gh the training, the military academy will help in the formation of self-disciplined individuals who will not only be in a position to develop respect for the authority in a liberal society but also understand the factors that underpin the constituted authority in the American society. Stanislaus Military Academy faces challenges in implementing the program that will see the cadets receive the training in line with the articulations of the constitution. With its main objectives being to instill virtues of discipline, respect, courage, commitment and honor among the cadets, the organization has apparent challenges in the achievement of these ends. The institution should be in a position to conduct impeccable training by identifying the challenges and implement the proposed changes in the organization (Michael, DiPaola Wayne, 2008). Notwithstanding the problems that the organization is facing, it has been in a position to solve real problems affecting the youth by developing their sk ills and forming their character in line with the needs of the country and dynamic American society. Nonetheless, identification process and lack of consent by parents has been in the forefront in impeding the organizationââ¬â¢s ability to adopt necessary changes. Therefore, the main problem affecting the organization is the apparent lack of responsiveness to the needs of the young people and society. Addressing the needs will lead to improvement in the training process and achievement of desirable outcomes. Research theories related to the problem From the outset, Stanislaus Military Academy is categorical that it does not aim at training the young people as an entry point to a military career. It recruits young people in 9th grade through 12th grade. The young people stand a chance to learn in an environment that has high-level discipline and that which emphasizes on character modeling and high academic performance. While we consider that that the institution is able to train c adets, it is a necessity that the academy be in a position to engage cadets in matters relating to training and have them understand the content and ways that the training can address their pertinent issues. To that end, it is imperative to consider the cadets as active learners and not just mere recipients of the training content (Michael et al., 2008).Advertising Looking for proposal on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Involvement of young people and cadets in the training activities facilitates the achievement of objectives since they comprehend the expectations of the society, institution and the community. According to cognitive and learning theorists, it is of fundamental importance to ensure that learners comprehend what the trainers expect from them (Buchanan Huczynski, 2007). This draws them closer to the main theme of the learning, which in turn arouses curiosity for them to perform to the expect ations of the training. Therefore, the institute ought to equip the potential cadets with information on the content of the program instead of introducing new methodologies to them upon enrollment. To equip the cadets with the information prior to the enrollment procedure, the organization ought to ensure it embraces changes to meet this demand. According to Buchanan Huczynski (2007), there is the need to enhance institutional responsiveness to the process of change. The rationale is that numerous people rarely accept changes and is upon the change agents to convince the stakeholders on the necessity of changes. In this respect, the staff at the military academy should be in a position to explain to all people that the changes that it is implementing are long overdue and are aimed at increasing the organizationââ¬â¢s ability to achieve its goals (Michael et al., 2008). In addition, it is important for the change agents to expect resistance to change since many people have emotio nal attachment with the status quo. During the recruitment process of the cadets, the institute ought to be aware that the youths require cognitive development. This will enable them to attain professional progression and self-development. Michael et al. (2008) say that cadetsââ¬â¢ skills development is largely dependent on the amount of time that the trainers use to develop the cadetsââ¬â¢ academic needs. This allows them the ability to bring out innovation and creativity in dealing with life situations and particularly, in military academy. To achieve these ends, the academy should have measurable results and monitor the progress of the changes and objectives. Hoy Hoy (2009) argue that evaluation and monitoring approaches that assess the skills development among the cadets are appropriate in highlighting the ââ¬Ërealââ¬â¢ achievement rather than theoretical comprehension of the skills. This will enhance the ability to make important real life decisions and attain prob lem-solving skills. Better still, the academy will be in a position to nurture a holistic individual who will not only suit the military but also in other careers.Advertising We will write a custom proposal sample on Stanislaus Military Academy developmental model and plan specifically for you for only $16.05 $11/page Learn More It is essential to design a learning context that depicts the aspirations and expectations of the society. The society constitutes a high-level stakeholder of the military academy and as such, it should influence the learning environment of the cadets. To achieve this ends, the institute ought to ensure that the content and the environment it designs should be in a position to solve problems and address community needs. Indeed, cognitive theorists argue that any learning experience ought to have the objective of solving problems and imparting suffice knowledge on the trainees (Hoy Hoy, 2009). Stanislaus Military Academy will th erefore be in a position to have many community members of the county seeking to get training from the institute owing to improved ability of graduate cadets to solve community, social and personal problems. Stanislaus Military Academy should focus on challenges and embrace the appropriate corrections. This should start right from the recruitment and selection of potential cadets. Theorists assert that recruitment process is vital for identifying the right candidates for the position (Hoy Hoy, 2009). It should transcend the few aspects that are mandatory for qualification and pay focus to social background of the cadets. The rationale is that socialization process influence people differently and affects the patterns of interaction and knowledge acquisition. The Senior Military Instructor (SMI) ought to utilize the skills of recruitment in order to have a cohesive and an objective group of trainees who also share same goals and expectations. This should begin by informing them on w hat the program entails and what it may be able to solve both in the short term and in the long term. This will be a good start that the cadets can evaluate the importance of the program and consequently be able to manage their expectations. Measurable objectives related to the problem For a development plan to be effective, it ought to have measurable goals that will act as indicators of the progress or failure that organization has made. To assess the problems, there is also the need to assume empirical approaches to have the information on the current problems that the institute faces. First, the implementation of MCJROTC should be measurable through the responsiveness of the organization to the program. The instructors should be in a position to observe the differences that the students have made in terms of improving their leadership skills, respect, honor, courage, discipline and commitment.Advertising Looking for proposal on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Michael et al. (2008) point out that the comprehension of the content of the training is an indicator of the goals that the organization seeks to achieve. Hence, a needs analysis, implementation and evaluation of the program should be backed by sound research and problem identification process. Second, the organization should have a consistent method of measuring the achievement of its goal of enhancing responsiveness to the community needs and expectations. Through the implementation of the changes, the military academy should be in a position to assess the expectations of the community and design its training in line with the community needs (Buchanan Huczynski, 2007). This starts with assessing the community needs, which should reflect the training objectives. The rationale is that Stanislaus County has expectations of the academy to form characters within the society who will be able to steer development within the context of the community. It is imperative to ensure that the o rganization has a scientific method of measuring the levels to which the program has met the needs of the community and their expectations. Third, the organization ought to enhance its measurable objectives of ensuring that the organization is in line with its aspirations of recruiting young, motivated and informed cadets. The recruited cadets should meet the set criterion and ensure that the organization is able to achieve its goals of equipping them with the requisite leadership skills to mention but one aspect. ability to recruit cadets from secondary schools having the right attitude and basic requirement procedure should be a measurable indicator of the progress that the organization has made (Hoy Hoy, 2009). Besides, the level of suspensions of cadets also serves as an indicator of the underlying problem of recruitment. This is imperative in ensuring that the changes that the organization will be implementing will be evaluated in comparison with the goal. Participants and cha nge agents Any success in the process of change comes about owing to the ability of involving all stakeholders of the military academy. Buchanan Huczynski (2007) pinpoint that the most important participant in the process of organizational change will be the community. The community ought to provide the institute with a framework of the training program shaped by their expectations. This is in lieu of the fact the society will be in a position to evaluate the cadets after their graduation. The individual they see from the institute ought to be able to solve community problems and address the apparent needs in the community. The graduates should add value to the lives of other societal members after the training. They should also be in a position to take up leadership roles available in the community and exercise their skills to inspire change and development within the community. Second, the military academy should be able to involve all the internal stakeholders of the organizatio n in rallying them to embrace change. Organizations are able to achieve success by ensuring that the employees, instructors and the heads of the academy comprehend the need for organizational development that is only achievable through the change process. According to Hoy Hoy (2009), the internal stakeholders of an organization make up a group that has high influence on the implementation of changes. The ability to reduce the ever-present resistance to change reflects high skills of the change agents to institute new ways of operating. Further, it is important to involve all the cadets who are the primary beneficiaries of the military training. The organization should adopt alternative methods of imparting leadership skills on an individual and involve the trainees in the development of the content with an aim of achieving even more improved outcomes (Michael et al., 2008). The cadets ought to have full information regarding the objectives of the training and expectations of the in structors and the community. Lack of involvement of the cadets could result to impaired skills development and shift in the organizationââ¬â¢s goals. Other stakeholders include both the federal and state governments whose influence is apparent. The military academy operates with the laws entrenched in the constitution and adopted by state authorities. Implementing far-reaching changes will therefore imply that the organization ought to be in line with the laws that govern the military training. Besides, the state and federal government remain the major oversight bodies mandated to ensure that the process of MCJROTC achieves the national goals and is in line with the governmentââ¬â¢s expectations. In addition, it is important to notice that the government formulates policies and rules that provides the schools with a framework to offer military training. Hoy Hoy (2009) say that the change agents should be wary of a plan that distances the academy from the goals of the federal and state governments. Finally, the change agents will include the instructors and heads of departments who have the mandate to inspire the process of change and improvement. Chester Thomson (2003) explain that the change agents should motivate others to work together to improve the outcomes of the academy. They should also be in a position to employ their leadership skills and styles to achieve the objective with success. Problem Diagnosis The current problem within the academy should draw inspiration from continuous process of evaluation and assessment. This implies that the organization should evaluate the achievement regularly and possibly after very semester. This is important since it provides a platform through which the change agents are able to make necessary changes and draw the academy closer to achievement of the goals. This is in terms of the implementation of training problem that helps the cadets to solve real life problems and improve the community welfare. The asse ssment process for the entire four years since the recruitment of the cadets should draw comparison from the current situation. The disparity that exists between the aspired position and the current situation ought to reduce as the implementation of the changes gains momentum. This is in terms of recruitment procedures, content development and adherence to regulatory bodies and frameworks (Chester Thomson, 2003). This will lead to amicable solutions to the apparent organizational needs and enhance improved outcomes. Another aspect of the problem deals with designing the objectives of the military academy to match the expectations of the community. The expectations of the community are that the military will be in a position to train young people and equip them with the necessary skills to become responsible, respectful and knowledgeable citizens. Deviation from these objectives should be a cause of alarm and should call for review of the outcomes envisaged by the academy. There sho uld be a distinction in character and behavior of the graduates of the military academy and conventional graduates. The graduates of the school ought to exercise their acquired skills for personal and community development (Michael et al., 2008). This should be the yardstick of evaluating other underlying problems exhibited in the organization. To that end, Stanislaus military academy ought to ensure that it strives to achieve this end to not only increase its reputation but also to provide the correct learning context that produces the desired behavior and character of the cadets. Procedure of solving problem At the outset, the organization should have a systematic way of resolving its outstanding issues. It ought to begin by getting a basic framework of understanding the expectations of the cadets and the community. Chester Thomson (2003) articulate that this is important since it helps the organization to design a change management process that addresses the issues raised by the stakeholders. If the stakeholders accent to the proposed move, Stanislaus should assume a strategy that coincides with the opinions, expectations and the desires of all stakeholders. Secondly, the explication of the ways in which the proposed changes will affect the employees should be a mandatory process for the plan to achieve its goals. This helps the change agents to explain the idea behind any change process and ways that the organization stands to benefit from it. This also reduces the risk of resistance to change which could challenge the implementation of the program. This is in light of the view that organizationââ¬â¢s internal stakeholders such as the employees and instructors have familiarized themselves with the routine of operating and it may take time for them to internalize the proposed changes (Chester Thomson, 2003). Throughout this process, the change agents and leader should adopt appropriate leadership style typical of support and honesty. This is in additio n to keeping all the stakeholders informed on progress that the organization has made regarding the changes. Third, the organization should begin the implementation process where the review of the training content and manuals ought to begin. The academy should also upgrade the skills of the existing employees and instructors to suit the current training needs exhibited by the cadets. The implementation phase may seem to be the most difficult stage of initiating change since practical changes begins to appear within the processes of the academy (Hoy Hoy, 2009). Besides, it may lead to changes in skills development and other aspects of the employees who had familiarized themselves with the conventional routines, roles and duties. Monitoring and evaluation is important to enhance the measurement of the objectives and the outcomes of the process of change (Michael et al., 2008). This continuous process utilizes scientific models and approach to analyze and interpret the change outcomes . Evaluating the gains and losses that the organization may have made is critical to appraise the change. This way, the organization is able to understand the effect of the changes and make possible changes where necessary. References Buchanan, D. Huczynski, A. (2007). Organizational Behavior. London: Prentice Hall. Chester, B. Thomson, K. (2003). Organization and Management. New York: McGraw Hill Publishers. Hoy, A., Hoy, W. (2009). Instructional Leadership: A Research-Based Guide to Learning in Schools. Boston, MA: Pearson Education, Inc. Michael, F., DiPaola, M. Wayne K. (2008). Principals improving instruction: supervision, evaluation, and professional development. Mason OH: Pearson/Allyn and Bacon. This proposal on Stanislaus Military Academy developmental model and plan was written and submitted by user Tal1sman to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
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