PRACTICUM REPORT ON THE ADMINISTRATIVE ROLES, FUNCTIONS AND STRUCTURES OF THE KADUNA Essay

PRACTICUM REPORT ON THE ADMINISTRATIVE ROLES, FUNCTIONS AND STRUCTURES OF THE KADUNA NORTH LOCAL GOVERNMENT EDUCATION AUTHORITY, KADUNA STATE, NIGERIA CHAPTER ONE 1.0 INTRODUCTION A practicum is a practical field of study which students studying Educational Administration and Planning must carry out as a partial requirement for the fulfillment of the award of Bachelor Degree in Educational Administration and Planning. The students who offer Educational Administration and Planning as their course of study are expected to within the period of their programme to be attached to any of the educational organizations so as to provide the students an opportunity to acquire practical knowledge on the administration of an educational organization, observing the functions of the educational administrators and planners, the structures and functions of the educational organization and the overall responsibility of its administration. 1.1 THE ROLES OF THE LOCAL GOVERNMENT EDUCATION AUTHORITY The roles of the local government education authority are concerned with the overall aspects of the primary education. This is further prescribed in the federal republic of Nigeria official Gazette (1988) establishing the then National Primary Education Commission which some provisions were upheld by the present Universal Basic Education Commission as follows; i. The day-to-day administration of primary schools within the Local Government Area; ii. Making recommendation on promotion and discipline of both teaching and non-teaching staff on GL. 07 and above to the state universal basic education board, iii. The appointment, posting, transfer, promotion and discipline of both teaching and non-teaching staff within the range of grade level 01-06; iv. Payment of salaries, allowances and other benefits to both teaching and non-teaching staff; v. Submission of detailed annual estimates, accounts, and monthly returns to the state Universal Basic Education Board; vi. Acquisition and distribution of materials and equipment to primary schools; vii. Understanding capital projects and general maintenance of primary school buildings and its infrastructure; viii. Arousing, promoting and encouraging communal participation in the running of primary schools in the Local Government Area; ix. Taking all reasonable and polite steps to ensure full enrollment and attendance in all primary schools within the  area; x. Payment for any land acquired for the purpose of educational development; xi. Supervising the district education committees within the local government area; xii. Intimating on regular basis feedback to the state universal basic education board on public reaction to government education measures within the area; and xiii. Rendering a detailed annual report to the State Universal Basic Education Board on the activities of the Local Government Education Authority during the preceding year, especially on instructional activities. Read more:  Human Resource Roles and Responsibilities 1.2 THE SCOPE OF THE STUDY This practicum report is restricted to the administrative roles, functions and structures of various departments in operational in the Kaduna North Local Government Education Authority. This study will attempt to seek the method of decision making, communication channel and how discipline is maintained in the Kaduna North Local Government Education Authority. 1.3 THE LOCATION AND BRIEF HISTORY OF THE KADUNA NORTH LOCAL GOVERNMENT AUTHORITY The Kaduna North Local Government Education Authority is located along Abubakar Kigo and Nassarawa Roads respectively. At the Northern and Southern parts it bounded by Igabi and Kaduna south local government areas respectively. It is being housed on a storey building that contains twenty-four (24) offices. The Kaduna North Local Government Education Authority originated from the ancient educational tradition. The emirs and chiefs assisted by another community leaders at their respective domains were the sole authority responsible for appointing within the community credible personalities to give or train the children of the community and to report back to the emirs and chiefs. This system of administration was restructured to Native Authority at the advent of the colonial administration where Kaduna Metropolis was placed under the administrative jurisdiction of the Zaria Native Authority with the component unit responsible for grassroots education existing alongside as being one of the social services which the Native Authority was responsible for providing to the community. The Native Authority System of administration was in operational when the need to reform it was conceived. It was subsequently declared and reformed as the third tier of Government known as Local  Government Council with the unit responsible for primary education proclaimed a department. The history of the Local Government Education Department, Kaduna North will not be complete without being related to the mother Local Government Council as it serves as the sole source of funding and administrative discipline for the education department though, some of these functions were removed at the promulgation of Decree No. 31 establishing the National Primary Education Commission by the Federal Military Government as supported by the Federal Republic of Nigeria official Gazette of 17th August 1988 respectively. In spite of the overhauling and the reformation in the education sector that brought the Universal Basic Education Authority was still maintained. The Kaduna North Local Government Education Authority was created in 1991 by the Federal Military Government with the Administrative mandate to occupy the Headquarters of the then Local Government Education Authority, Kaduna. This was necessary as the Headquarters was located within the administrative of the Kaduna North Local Government Education Authority. CHAPTER TWO 2.0 STRUCTURES AND FUNCTIONS OF THE VARIOUS DEPARTMENTS OFKADUNA NORTH LOCAL GOVERNMENT EDUCATION AUTHORITY The Kaduna North Local Government Education Authority is consisting of six (6) departmental head with the educational secretary coordinating the activities of these departments which are mentioned below; i. Department of Human Resource Management ii. Department of Finance and Accounts iii. Department of Planning, Research and Statistics iv. Department of school services v. Department of social mobilization and knowledge management vi. Department of quality assurance The administrative structure of the Kaduna North Local Government Education Authority is shown below; i. The Education secretary ii. The Departmental heads of the various departments iii. The Units head iv. The Other subordinates staff 2.1 THE FUNCTIONS OF THE VARIOUS DEPARTMENTS OF THE VARIOUS DEPARTMENTS OF THE LOCAL GOVERNMENT AUTHORITY The hierarchy of the Local Government Education Authority, Kaduna North provides that the education secretary is the chief administrative and accounting officer who is responsible for coordinating the functions of the various departments of the local government education authority. THE DEPARTMENT OF HUMAN RESOURCE MANAGEMENT This department performs such duties as; i. Recruitment of teaching and non-teaching staff on grade level 01-06; ii. Deployment and transfer of both teaching and non-teaching staff on grade level 01-06; iii. Preparation of pensions list of retirees and intended retirees iv. Administering promotion advancement confirmations and discipline of staff within the range of grade level 01-06; v. Developing the personnel emolument budget for inclusion in the main budget of the Local Government Education Authority; vi. Developing and maintaining establishment workforce plan; vii. Developing job descriptions and schedule for the local Government Education Authority; viii. Reviewing responsibilities, duties and staffing needs including departmental functions; ix. Reviewing staffing levels and submit recommendations of such review to the state universal basic education board; x. Deployment of teachers to schools based on needs; xi. Preparing departmental reports to the state universal basic education board; xii. Preparing unit work plans and budget xiii. Developing and maintaining human resources policies. xiv. Establishing training needs or requirements and developing training plan for both teaching and non-teaching staff including induction programmes. xv. Recommending teaching and non-teaching staff for training and retraining. xvi. Identifying liaising with training service providers xvii. Maintaining training records xviii. Maintaining both confidential and open records. THE DEPARTMENT OF FINANCE AND ACCOUNTS This department performs related functions such as:- i. Preparing payrolls and making payment of salaries, allowances and other benefits to both teaching and non-teaching staff; ii. Maintaining account and other financial records; iii. Making all payments from the LGEA accounts; iv. Collaborate to prepare annual budgets and estimates; v. Coordinating and controlling loans and advances; vi. Preparing monthly, quarterly and annual financial reports; vii. Preparing annual financial statements and ensuring they are ready for auditing; viii. Providing financial advice to the LGEA ix. Collaborating with the social mobilization and knowledge management to provide the LGEA stakeholder with financial update; x. Liaising with the local government council on financial matters; xi. Endorsing computed retirement benefits; xii. Maintaining records of all contributory pension issues; xiii. Collecting from SUBEB and distributing pay slip; xiv. Receiving funds from SUBEB and disbursing same on behalf of the LGEA; xv. Rendering financial returns to the state Universal Basic Education Board; xvi. Maintaining bank accounts; xvii. Maintaining store; xviii. Maintaining assets register; xix. Preparing bank reconciliation. THE DEPARTMENT OF PLANNING RESEARCH AND STATISTICS This department undertakes such related functions as:- i. Propose frameworks for the departmental work plan and implementation plans by departments; ii. Coordinating the development harmonizing the LGEA plans medium term strategic sector, department annual work plan and performance targets etc; iii. Coordinating the development and harmonizing the LGEA budgeting process; iv. Identifying schools to be constructed and renovated after due consolation with the department of school services; v. Rendering annual reports to the state universal Basic Education Board and local Government Council; vi. Preparing unit work plans and budgets; vii. Ensuring that individual work plans are developed, implemented and  monitored regularly; viii. Ensuring the availability and functioning of education management information system; ix. Supporting the ministry and the state universal basic education board in the designing of annual school census and other survey questionnaires for both primary and junior secondary schools levels; x. Supporting the administration and conduct of surveys. THE DEPARTMENT OF SCHOOL SERVICES This department performs the following functions:- i. Establishment of early childhood care and development centers and overseeing the implementation of the curriculum meant for it; ii. Identifying and sharing staff needs with the human resources; iii. Identifying instructional materials need including textbooks and communicate to the education secretary and the universal basic education board; iv. Recommending to state universal basic education board the mode of instructional materials distribution based on school needs; v. compiling and forwarding school development needs to the department of planning research and statistics and other relevant units; vi. Recommending materials to be purchased such as textbooks and other instructional materials ; vii. Distributing both textbooks and other instructional materials to the schools and monitoring the usage of same viii. Overseeing library services in both primary junior secondary schools; ix. Coordinating the administration of exams for both primary and junior secondary schools x. Overseeing continuous assessment and ensure up to date class assessment records; xi. Coordinating curricular activities such as sports, health, clubs etc; xii. Providing counseling and guidance services to both primary and junior secondary schools; xiii. Maintaining records of pupils transiting to junior secondary school; xiv. Overseeing the provision of education for disabled children through facilitating integration of disabled pupils into regular schools; xv. Liaising with the state Universal Basic Education Board to provide education for children in nomadic communities; xvi. Coordinating school improvement initiatives; THE DEPARTMENT OF SOCIAL MOBILIZATION AND KNOWLEDGE MANAGEMENT This department is responsible for the under listed duties/functions i. Developing strategies for community participation and mobilization; ii. Constructing alliance within the community, civil society non-governmental organizations etc to support educational development; iii. Ensuring the establishment and support of the ongoing school Based Management Committees within the schools; iv. Developing and implementing strategies for community mobilization, advocacy and integration at local Government Area, wards and community; v. Ensuring that community participates in the implementation of the Universal Basic Education Programs in local Government Areas; vi. Promoting enrolment, attendance , retention and completion of girls education and out of school children; vii. Monitoring and advising on the implementation of self-help projects; viii. Working with communities to promote access and equity; ix. Through advocacy, sensitization, mobilization create platform for community enlightenments or awareness and participation in local Government Education Authority activities x. Facilitating community supports for schools xi. Strengthening communication between the State Universal Basic Education Board, Local Government Education Authority, Ward, Community and schools; xii. Producing materials for the LGA such as bulletin board etc; xiii. Ensuring adequate implementation of self-help project at the beneficiary schools. THE QUALITY ASSURANCE DEPARTMENT The functions of this department are highlighted underneath i. Coordinating all quality assurance activities at the LGEA; ii. Establishing the LGEA works plans and schedules for the evaluation of primary schools and feed back to zonal offices; iii. Coordinating training and re-training of primary evaluation officers; iv. Creating conducive systems for monitoring the quality of the whole school evaluation and the evaluators and ensure implementation of follow up activities; v. Establishing a system for dealing with poor performing schools; vi. Setting an annual target based on the priorities of the LGEA; vii. Preparing an annual detailed report covering the activities of the LGEA; viii. Evaluating and re-accrediting primary schools within the LGEA at least once in three (3) years; ix. Ensuring that the LGEA Evaluators follow standards and bench marks for evaluation of schools; x. Providing feedback to schools on  evaluation reports; xi. Producing instruments for school evaluation; xii. Preparing work plans and budget for the unit; xiii. Creating and maintaining database of all evaluation documents. 2.2 THE ORGANIZATIONAL STRUCTURE OF THE KADUNA NORTH LOCAL GOVERNMENT EDUCATION AUTHORITY Figure 1: Present the organizational structure of the Kaduna North Local Government Education Authority CHAPTER THREE 3.0 THE METHODOLOGY OF DECISION MAKING According to Fred C. Lunenburg and Allan C. Ornstien (2008) sees decision making as â€Å"the process of choosing from among alternatives†. Therefore, decision making is generally the thinking that follows alternative solutions aimed at arriving at the eventual remedy that is called decision making. The ability of an organization to function effectively depending solely on the type of leader it has. This is also the same with the functioning of organizations which depend on the kind of decisions made concerning it. This assertion is true because whatever plans of action an organization takes is the product of a decision. Whether such a decision proves effective for the organization or ineffective depends on how reasonable and relevant such a decision was. Consequently, decision making in an organization as it affects the Kaduna North Local Government Education Authority will be briefly examined with a view to ascertaining how sound decisions can be arrived at and who should be involved in the decision making. 3.1 THE MODE OF MAKING DECISION The Local Government Education Authority, Kaduna North takes decisions on issues that affect it collectively involving the principal officers drawn from various departments and sections. 3.2 DECISION MAKING MODEL The universally acceptable decision making adopted by the LGEA involves variety of steps through which it is hoped that individual will be enabled  to arrive at more reasonable decisions. i. Determining the problem and its scope: This is concern with identifying of the problem for which a decision is sought. It is critically thought over in order to fully understand and then defined and the actual limit of the problem known; ii. Analysis and Evaluation: The individual perceives the problem wholistically and decides whether or not a decision will be made to solve the problem. If it is irrelevant then the idea of a decision is therefore dropped; iii. Formulating alternative solutions: This explains that when individual has agreed to make a decision on the problem. He then develops alternative solution to the problem he intends to solve; iv. Determining workability of proposed alternatives: this assists in determining the possible effects after having compared the formulated alternatives with a view to helping the individual to have an idea of the best alternative to take; v. Selecting one alternative: this is the selecting of alternative which presents more favorable related consequences to unfavorable ones as the probable decision; vi. Test-out: This is the putting into practical action the alternative solution chosen on the basis of trial; vii. Evaluation of alternatives: This is the assessment of consequences arising during the trial period of the selected alternative. If the consequences are found to be positive and sound, the alternative then becomes the decision. CHAPTER FOUR 4.0 COMMUNICATION According to A. Owan Enoh, Becky B. Bamanja and Roy O. J. Onuwuka (1987) define communication as a process of ‘disseminating information from and to every member of such an organization’. It is generally, viewed and as a system of linking the individual, the group and the organization. 4.1 CHANNELS OF COMMUNICATION The most common used channels of communication in the Kaduna north local government education authority involves the following i. Ideating: The development of an idea, message, or information to transit/disseminate to the subordinates to the members of the community; ii. Encoding: This is the idea that the sender intends to convey or transmit to the individual and  even the public. Symbols such as words. Non-verbal cues or picture and even diagrams are designed to disseminate messages; iii. Transmitting: This segment of communication channels takes place as soon as the message is developed. This includes several methods such as memoranda, circular, telephone, board policy or management policy statement and face-face communication. iv. Receiving: This channel requires that the receiver should be a good listener to the oral message. In other words, if the message is written, the receiver must be attentive to its specified and implied meaning. v. Decoding: This is referring to the translation of an already received message into a perceived or interpreted meaning. The ability of the receiver is to take transmitted messages and give meaning to them. vi. Acting: this is the last communication channels. it involves putting into action or practice the information so far conveyed or disseminated for the positive improvement of an organization. 4.2 COMMUNICATION PROCESS Direction of communication There are basically two (2) ways of communication flow or direction viz; downward and upward systems but the one that is commonly in used in the Kaduna North Local Government Education Authority which is the downward communication will be briefly discussed below; Downward communication is referred to the communication pattern in an organization where directives are issued from a higher point of administrative function to a lower one. This could further be illustrated as when the education secretary gives directives to the departmental heads of the Kaduna North Local Government Education Authority who are as well accountable to the central administrative function. CHAPTER FIVE 5.0 METHOD OF MAINTAINING DISCIPLINE IN KADUNA NORTH LOCAL GOVERNMENT EDUCATION AUTHORITY The term discipline is defined in the Oxford Advanced Learner’s Dictionary (2005) as ‘the practice of training people to obey rules and orders and punishing them if they do not; the controlled behavior or situation that results from this training’. From the above definition  therefore, discipline is the ability to obey rules and others which are formulated and regulated by the constituted authority. The methods of maintaining discipline in the Kaduna North Local Government Education Authority among its employees is categorized into two(2) viz. staff within the range of grade level 01-06 and staff from grade level 07 above The discipline of staff on grade level 01-06 is purely the responsibility of the Local Government education authority and this occur when an employee is alerted of the implications of his/her action and as well informed of the decision of the management ag ainst him or her. Though these disciplinary measures varies from the magnitude of the offence committed. Some offences attracted instant dismissal considering their seriousness. The discipline of staff on grade level 07 and above rests solely on the state universal basic education board. Though the process of administering such discipline starts from the local government education authority by bringing to the attention of the board the type of offence an employee committed and the detailed recommended disciplinary measures due to imposed on the offender. 5.1 THE AIMS OF DISCIPLINE IN KADUNA NORTH LOCAL GOVERNMENT EDUCATION AUTHORITY Discipline is significant in any human or organization like the Local Government Education Authority. It is through enforcement of discipline that peaceful and harmonious conduct of organizational activities are successfully carried out by the personnel that further result in the attainment of the desired goals of the organization. Discipline regulates the conduct of daily activities of the personnel to conform to the laid-down rules and regulations. 5.2 RECOMMENDATIONS i. Releasing the need and importance of offering admission to the youth to undergo this programme, those who are within the range of participating in the National Youth Service Corps assignment, necessary arrangements be put in place to enable them take part in the National Programme at the completion of their educational programmes; ii. In recognition the functions and importance of planning in an organization, the management of the university will dialogue with the government with a view to considering graduates of educational and ministration and planning to serve as education  administrators and planners. iii. Considering the fact that, this programme is purely of education administrators and planners, effort be made to remove teaching practice from the course content and be replaced with industrial attachment. iv. As examinations are uniformly conducted across the nation’s institution the adoption of uniform implementation of educational polices by the Local Government Education Authorities is paramount. BIBLIOGRAPHY The Federal Republic of Nigeria Official Gazette No.53 (17 Aug.1988) Vol.75. A. Owan Enoh, Becky B.Bamaja and Roy O. J Onwuka (1987); a Handbook of Educational Foundations: Challenge Press, Jos, Nigeria. Fred C. Lunenburg and Allan C. Orstein [2008]; Educational Administration, Concepts and Practices: fifth Edition: Printed in the United States of America.

Ibm Case Study Essay

1. What factors led to IBM’s success during the 1960s and 1970s and its problems during the late 1980s and early 1990s? 3 pts. 2. Q: What did Gerstner do when he assumed the role of CEO in April 1993? A: Gerstner realized that rather than break up the company, he could turn it around by going to market as â€Å"one IBM.† To prevent customers from leaving in droves before he completed the turnaround, Gerstner called on each senior executive to go out to a group of customers and â€Å"bearhug† them. He made the executives personally responsible for their assigned customer accounts and accountable for any problems that arose. At the same time, he asked each of the executives to write two papers, one on the executive’s business and the other on key issues and recommendations for solving problems and pursuing opportunities. Q: Evaluate Gerstner’s approach to crisis management. How well did he perform as a turnaround manager? A: I’d have to give credit to Gerstner. He seemed to know where the problems lied within the company and viewed himself from a customer standpoint, rectifying customer concerns but from a corporate head standpoint. Based on the following information, this is how he did it: â€Å"The sales organization, which had been organized by geography and product, was reorganized into global sales teams. In response to numerous customer complaints, a customer relationship manager and a dedicated sales and service team were appointed for each key customer account. These teams were grouped within larger vertical industry teams, and product specialists were assigned to each. The product specialists served as boundary spanners, moving back and forth between focused product groups and key account teams, taking product knowledge to the field and customer input back to the product groups. Product specialists reported to the product organization, but incentives rewarded increased sales of their products through industry sales teams.† It is as if Gerstner knew the problematic areas that made the company fail to meet satisfactory levels and although it was a tough call, Gerstner’s turnaround plan seemed a success and as a masterplan! Q: What challenges did he face as he attempted to position the company for growth? 5 pts. A: The changes Gerstner proposed was met by some or much opposition. Many that had been around the company for quite some time, felt as though the changes that Gerster was implementing meant the demise of the company that they knew. The methods of which Gerstner was using from a manager’s standpoint seemed a bit unorthodox and didn’t fit well with the IBM culture and business model. Here is what was mentioned as a challenge Gerstner faced: â€Å"One group of managers—those who ran IBM’s country organizations—found the move to â€Å"One IBM† especially difficult. They believed global managers could not be relied upon to make the right choices for local markets and that initiatives and instructions from IBM corporate needed to be â€Å"customized† for particular countries. The differences came to a head when Gerstner found out that his notes to employees were being rewritten by country managers to â€Å"better fit their environment.† The senior executive responsible for the country managers was fired, and many country managers resigned. Those who stayed were rapidly elevated to key positions. Despite pockets of resistance, Gerstner was impressed by employees’ capacity to absorb change:† So based off the 3. Why do large established companies, like IBM, find it so difficult to build successful and sustainable new businesses? 3 pts. 4. Evaluate IBM’s approach to leading mature, high growth, and emerging business opportunities. What are the organization design and leadership models required to manage each type of business? How should a company like IBM (or AT & T, for example) manage the innovation process? 7 pts. 5. What challenges did Sam Palmisano face as he assumed control of IBM in March 2002? Can a company like IBM (or AT & T) be organized for both innovation and efficient operation – can it be both â€Å"big† and â€Å"small†? What advice would you give Palmisano at the end of the case? 7 pts. NOTE: You must respond to these questions in your own words i.e. do not copy straight from the case study – provide your interpretation and analysis.

An Essay On Metacognition

Humans are naturally curious beings. This curiosity occasionally generates interest into why we think a certain way. What compels us to value one thing over another? Why are some of us naturally better at a certain subject than others? All of these questions are topics that metacognitive research has strived to answer. Metacognition is the awareness and understanding of one’s own thought processes, or, in other words, what we think about thinking. Metacognition has been a topic that has not generated much study until the 1970s, but at that point most of the research was geared towards the memory aspects of metacognition instead of applied use (Sieck 2013). Over the last forty years, there has been a significant increase in the amount of studies conducted on metacognition, but that number is nowhere near the amount that it should be. There are so many ways in which increased study on metacognition can improve our day-to-day lives, as John Flavell said, the ideas brewing in the area of metacognition could someday be used to teach â€Å"children (and adults) to make wise and thoughtful life decisions as well as to comprehend and learn better in formal educational settings† (Sieck 2013). To this end is why it is crucial for the Department of Neuroscience to allocate more funds towards increased research on metacognition, specifically towards how metacognition can assist depressed people in getting rid of unwanted thoughts. The practical applications of metacognitive research are still being discovered. In a study conducted by German scientist Markus Paulus, he and his team discovered that older subjects were more prone to display significant developmental effects in recalling information, compared to a younger age group (Paulus 2014). Paulus shows us how as people grow older, their rate of learning grows as well. Human curiosity is a part of this too, while children can display signs of wondering about oneself, these signs are far more prominent in older people. It has long been thought that the education of our youth should be one of humanity’s foremost priorities, and methods to improve said education should be at the forefront of our minds. What hope do we as a species have if our youth do not surpass us in many ways? This thinking is what caused researcher Bennett Schwartz to conduct a study to discover the implications of metacognition for student learning. Schwartz decided to focus his research on how metacognition can â€Å"influence decisions about studying and how we might use [metacognition] to improve our learning efficiency† (Schwartz 2012). Schwartz discovered that the preconceptions students have towards whether or not something deserves to be studied are usually overconfident, and in many cases â€Å"fail to reflect variables† that could improve efficiency. His findings on how metacognition can affect the education of the youth, mainly the efficiency with which to study, will help said youth become more we ll-organized and disciplined in the future. We do not yet know the full extent to how metacognition affects our moods, but with further study this knowledge can be easily attained. The Anxiety and Depression Association of America found that one in eight children are affected with some form of anxiety. They also found that Generalized Anxiety Disorder (GAD) affects 6.8 million American adults (Anxiety and Depression†¦). If the Department of Neuroscience would allocate more funds towards research on metacognition, we could study more the application of using metacognition to change the way we think. This would further allow us to better treat all the people with some form of depression or anxiety, maybe even going so far as to completely eradicating the disorder from human life. Without further research, we will never know the extent to which metacognition can help people. There is much that is yet to be known about metacognition, because, we still do not understand much about the science behind our thinking. The age-old argument of nurture vs. nature continues to go on, and increased research towards metacognition would go a long way towards possibly settling that argument for good. As you can see, allocating the grant money towards amplified metacognition research would be one of the best choices the Department of Neuroscience could do as improved knowledge of metacognition would allow there to be no limit to what humans could do. Once we learn how we learn, we will be able to learn even more efficiently. References Sieck W. 2013 Feb 13. Metacognition is Knowing Your Mind [Internet]. Global Cognition; [2013 Feb 13, cited 2014 Sep 18]. Available from: http://www.globalcognition.org/head-smart/metacognition-is-knowing-your-mind/ Paulus M, Tsalas N, Proust J, Sodian B. 2014. Metacognitive monitoring of oneself and others: Developmental changes during childhood and adolescence. Journal of Experimental Child Psychology [Internet] [2014 Jun 1, cited 2014 Sep 5] 122:153-165. Available from: http://www.sciencedirect.com/science/article/pii/S0022096513002749 Schwartz B, Efklides A. 2012. Metamemory and memory efficiency: Implications for student learning. Journal of Applied Research in Memory and Cognition [Internet]. [2012 Sep 6, cited 2014 Sep 6] 1(3):145-151. Available from: http://www.sciencedirect.com/science/article/pii/S2211368112000617 Anxiety and Depression Association of America [Internet]. Silver Spring(MD):Anxiety and Depression Association of America; [cited 2014 Sep 28] . Available from: http://www.adaa.org/about-adaa/press-room/facts-statistics

Hospitality Industry. Marriott International, Inc Assignment

Hospitality Industry. Marriott International, Inc - Assignment Example Liverpool is a city on the growth path. It has seen fastest growth amongst all the key cities in Great Britain between 2002 and 2003, far in excess of regional and national rates. In cultural diversity it is home to many ethnic communities, varying from Irish, Welsh, Scots, English and different religions and countries Jewish, Muslim, Hindu; Chinese, Greek, Italian, Spanish. Even people from the Caribbean, Somalia, Yemen, the Balkans and Middle East have made Liverpool their home. (http://www.liverpool.gov.uk). This diverse conglomerate of communities creates unique opportunities for attracting a wide diaspora to converge in the city during the year 2008. Liverpool has a vibrant culture, it is the original home of pop and music is supplemented by humor, writing and performing arts. It is a port city with principal traffic to the United States. Liverpool is a major regional shopping hub. (http://www.liverpool.gov.uk). A number of international retail giants as Zara and Armani have large outlets. These will be further expanded to cater for the massive influx in 2008 from European and global tourists. Thus it has a unique advantage of being a business and culture hub of Britain. This trend is being encapsulated in the concept of Capital of Culture. The central focus is on, The World in One City. The supporting themes are Create, Participate and Regenerate to be progressed by the vision of Yesterday, Today and Tomorrow. All this is within the overall culture strategy of the Liverpool City Council. (http://www.liverpool08.com). ... (http://www.liverpool08.com). The underlying themes of recreating history, reflecting the present and projecting the future can also be encapsulated in Marriot's philosophy of exploiting the past to sustain profits for the present and beyond. Liverpool Culture Company has been set up with a Chief Executive and a Board to manage promotion and oversee implementation of the Liverpool Capital of Culture. This will provide government and agency support for the project. The assured support of all agencies will enable its successful implementation. (http://www.liverpool08.com). Liverpool's bid for the project had been endorsed by the entire North Western Region, to include North West Development Agency, North West Arts Board, North West Sports Board, Sport England North West, the North West Tourist Board and the North West Cultural Consortium. (http://www.liverpool08.com). Marriott's culture of associate support and customer excellence will enable it to place itself in the forefront of Liverpool's successful management of the primary event, Capital of Culture in 2008. Since there is total commitment of city authorities including the Liverpool Culture Company and regional organizations, this offers synergy in implementation, which can also be exploited by Marriot affiliating with local authorities to sustain growth. Marriot has properties in Liverpool and Manchester. These can be networked to generate additional revenue during the Year 2008, as availability of hotel accommodation in Liverpool per se is likely to be at a premium. Proposed Strategic Response Marriot is essentially seen as a company focused in the United States with a network of properties in other countries. Europe receives maximum tourists every year.

Finance Week 3 Essay Example | Topics and Well Written Essays - 250 words

Finance Week 3 - Essay Example Investors that are risk averse will invest a lot of their resources in common stocks due to the fact that common stocks have a higher potential of equity appreciation. Investors that do not apply the diversification principle can lose a lot of money if the particular sector of the market they invest in goes down. It is never a wise idea for investors to place all their eggs in the same basket. Diversification ensures that investors spread their securities around different sectors of the market. Managers can utilize the diversification principle to increase their cash flow position. A way to use investing to increase cash flows is by purchasing blue chip stocks that have a history of paying dividends every year. Another way for managers to improve the cash position of a company is by investing in bonds that pay coupon payments and in preferred stocks that pay yearly dividends. Firms may also improve their cash flow position by selling commercial paper in the marketplace. The most common form of commercial paper is corporate bonds. â€Å"The right diversification strategy can give you the best odds of weathering whatever economic storms may hit the market in the future† (Caplinger, 2012). Caplinger, D. (2012). This Diversification Strategy Will Make Your Portfolio Safer. Retrieved November 9, 2012 from

Immigration Essay Example | Topics and Well Written Essays - 750 words - 7

Immigration - Essay Example The opponents of illegal immigration also say that illegal immigrants are burdens to law-abiding citizens. While the majority tends to think that illegal immigration has a negative influence only, in reality, it can have positive influence as well. More specifically, illegal immigration can make a positive economic contribution. As it follows from the research described in the article titled Illegal Immigration: A Positive Economic Contribution to the United States by Nadadur (2009), illegal immigrants have a significant positive impact on the economic growth of the USA. After conducting a qualitative research on the fiscal impact of illegal immigration taking into account the paid taxes and the costs from the use of social services imposed on the society, the author of the article draws the conclusion that despite the fact illegal immigrants impose a certain challenge at both local and state levels, their contribution to the economy should be regarded as positive due to the fact they take part in business development and job creation (Nadadur, 2009). When it comes to immigrants themselves, it appears that they face significant challenges posed by their illegal status in the country they choose. In accordance with Rhodes et al. (2015), certain challenges are posed by local immigration enforcement policies on immigrants well-being. In particular, the authors of the article state laws and policies aimed at regulating and controlling the illegal immigrant populations limit illegal immigrants opportunities to use public services, such as education health services. For instance, Hispanic/Latino mothers receive inadequate care compared to other non-Hispanic mothers. Also, children of illegal immigrants face challenges posed on their mental health. Specifically, children whose parents were deported tend to suffer mentally unlike those whose parents had not been deported from the country (Allan, Cisneros and Tellez,

Personal statement for applying master Essay Example | Topics and Well Written Essays - 1000 words

Personal statement for applying master - Essay Example As such, I enrolled myself in Bachelors of Financial Math, Leicster University. The key objective of financial math is to understand the construction of the best financial strategies which would minimize risk taking by preventing arbitrariness via means of right pricing of assets. The first two years of the course which focused on pure math, helped teach us the essential analytical skills and cultivated logical thinking. Along with this the course also dealt with micro as well as macro economics, all of which I passed in A-level. It is always good to gain on site experience of the job. As such I have interned under the Bank of China with their international trading department. Bank of Chinaï ¼Å'or Bank of China Limited is one of China’s four state-owned commercial banks.  In terms of tier one capital, it was ranked 18th among the world’s top 1,000 banks by The Banker magazine in 2005. Their business covers commercial banking, investment banking and insurance. Members of the group include BOC Hong Kong, BOC International, BOCG Insurance and other financial institutions. It has received wide recognition from its peers, customers and authoritative media for the credit and performance it achieved in past years. It has been awarded â€Å"Best Bank in China† and â€Å"Best Domestic Bank in China† by Euro money for eight times. As a preliminary test of my abilities, I was exposed to the stock market. One of the new aspects which I learnt about was the letter of credit and how the cred it crunch in the US, UK and other developed nations was affecting the economic institutions of China. The stock market taught me to use mathematics as a key to analysis of a company- of their profits as well as their potential. Undoubtedly, I made a lot of profit along with a few loses due to the credit crisis. Both these things were teachers of the real world. Other than this, when I learnt that some of the

Business letter Essay Example | Topics and Well Written Essays - 250 words - 4

Business letter - Essay Example This is indicated by CEO comment that poor performance resulted from increase in gas prices, and people cutting back on carbohydrates. Instead, if I was the CEO I could have refrained from making any comment and instead order a quick investigation to be done by the experts so that we come up with the appropriate measure to change the situation. Also, for a firm to succeed there must be a close relationship between top management and their subordinates. This would have ensured that the top management has a deep insight of what could have been led to tremendous decrease in sales. As a result, the most hurt personnel in the organization are the stockholders who have invested their capital in the business for returns. This is because the situation could have caused depreciation of the value of their investment rather than appreciation. In my view, failure for the company to remain competitive in the market can be attributed by all stakeholders who have a role to play in ensuring that the company performs well. In addition, overreliance on top management to undertake all roles in the company could also have led to poor performance. Instead, the organization could have agitated for team work an aspect that could have increased coordination in all sectors involved in

Model Penal Code Questions Assignment Example | Topics and Well Written Essays - 1750 words

Model Penal Code Questions - Assignment Example Here, Joe’s conduct does not satisfy any of the two conditions. First, a substantial step in this case might involve gathering a significant number of materials that ought to be present in committing arson which is hugely deficient in this case. This is because both the gasoline and the book on â€Å"prosecution and defense of arson case† fail miserably to satisfy this condition. This is because Joe can argue that the gasoline is for his car that he normally carries, not to mention the fact that we are not even told that it had gasoline in it which further weakens the prosecution case for arson against Joe. He can also argue that the book was in his car for purposes of a case he is handling in arson and not necessarily meant to prepare him in advance of how to handle the consequences that will follow in case he make good his threat. Second, the activities revolving this whole scenario are not â€Å"strongly corroborative† of the proposition that he intended to bu rn down the firm. This is because as much as his wife and the colleague who overheard him issuing threat to the effect that he was going to ‘torch ‘the firm premises might testify to show intention, that in itself cannot be taken on face value if there is no more acts to corroborate. His going there at night cannot also be used against him because he can comfortably claim that it was part of his winding up that was expected of him as he prepared to quit in two months time. 2. A. The charge of perjury will only be entertained if only the woman can corroborate the allegation of falsehood on the side of his ex-husband. Otherwise it would not be possible to convince the trial judge that indeed the ex-husband lied if he is to get a perjury conviction against her husband. B. The question that we need to belabor in this case concerns the materiality, or lack of it, of this case. This is because a falsehood that does not meet the ‘material’ element cannot sustain a perjury conviction. This is because despite having a prior felony record nowhere does this state insinuate that he is likely to be inclined to either side in his testimony. This therefore shows that the false testimony does not affect the credibility of Franklin’s evidence as a witness and therefore not material, and therefore unable to sustain a perjury conviction against him. C. Once again, we are supposed to establish the materiality of the false testimony in the trial. First, the arresting officer’s racial bias has nothing to do with the crime that the Mexican faces unless it can be proved that he arrested the Mexican as an extension of his racial bias. Second, the racial bias against the Mexican will have no material element if it can be proved that indeed the Mexican committed whatever crime he is accused of committing. 3. Both Al and Gus can be charged with attempted armed robbery. This is because Gus uses a ‘deadly weapon’ to intimidate cashier int o surrendering money. It does not matter whether he was using a toy pistol to intimidate the cashier, all what matter is the fact that he made the cashier believe that he was in great danger of being shot if he did not agreed to surrender the money. Gus on the other hand would also face charges of attempted armed r

How is the cultural diversity of Manchester reflected in the city Essay

How is the cultural diversity of Manchester reflected in the city today - Essay Example After the second World War the migrant communities arrived in great numbers to help rebuild the industries. The immigrants were mainly from the Commonwealth including India, Pakistan, Jamaica and West Indies, and also from Ireland and China. Manchester has a unique sense of national and cultural diversity. According to Taylor et al (1996) the city’s strategic location between a geographic frontier to the north, and an economic frontier to the south, and its distinctive regional openness enabled it to become a kind of Eldorado. From the early nineteenth century, not only English labourers from neighbouring areas, but people from other countries such as Ireland, Scotland, Germany, from Greece and Italy migrated towards Manchester. Significantly, specific localities became colonized by particular migrant groups. Most of the 30,000 Irish immigrants clustered together in Little Ireland at the lower end of Oxford Street, and large numbers of poor, rural immigrants from Cumbria settled in different areas. In contemporary Manchester, it is evident that ostensibly similar, geographically close regions are occupied by diverse ethnic groups of different ethnic mixes. A common feature for all the ethnic minorities is their shared experience of generalized subordination under the white â€Å"host society† of England (Taylor et al, 1996). Thus, Manchester has been colonized in whole areas by particular ethnic or migrant groups: Moss Side by West Indian; Cheetham Hill by Asians; Prestwich by the Jewish; Chorlton by the Irish, etc (Taylor et al, 1996). Further, the borough of Manchester, the central city in the agglomeration forming Greater Manchester, is the main location of residence for the Black ethnic minority group (Musterd et al, 1998). Taylor et al (1996, p.200) express their concern that â€Å"this process of residential dispersal and domination results in a kind of de facto apartheid of different ethnic groups†, which opposes the liberal concept of a multicultural

Starbucks Growth Strategy Essay Example for Free

Starbucks Growth Strategy Essay (Nasdaq: SBUX) reported strong fourth-quarter and fiscal 2003 results yesterday after the bell, with annual revenues jumping 24% to $4. 1 billion and earnings growing 26% to $268. 3 million. Shares are dipping about 2% so far today, presumably because the companys $0. 17 in Q4 EPS met, rather than beat, expectations. Despite the markets lukewarm response, theres much to praise here, and opportunities for more growth abound. The companys comparable-store sales results were again impressive, and the future of its international expansion looks promising. Further, Starbucks plans for domestic growth are encouraging, thanks to the rollout of more drive-through stores. Starbucks (which I happily own shares of) posted an 8% comparable-store sales gain for the year, marking the 12th year in a row the companys comps have been 5% or better. Its projecting 3%-7% comps growth for fiscal 2004 the same guidance it gave for the just-completed year. Starbucks same-store sales success is primarily transaction-driven, meaning that its not relying only on higher prices to drive growth. Thats an important factor in the quality of its comps gains. We already know it entered its first quarter upbeat, with same-store sales growth of 9% for the month of October. With the rollout of its famed holiday drinks (dont come between me and a Gingerbread Latte), and the continued success of the Starbucks card, Q1s likely to be another winner. Starbucks international operations will turn profitable this year, a significant milestone for the company. It will add 350 international locations to its lineup, with 300 of them being licensed stores. Troubles in Japan havent squashed Starbucks belief that it can be a welcome part of diverse cultures the world over. The company will continue to partner locally in order to achieve this balance between a consistent Starbucks experience and a locally tailored one. In the U. S. and Canada, Starbucks will add 950 locations this year. About a third of those will be drive-through locations, which have some of the best unit economics of all of Starbucks concepts. Its surprising to me that Starbucks just now seems to be catching on to the fact that drive-throughs can be hugely successful for it. Yes, its contrary to the whole coffeehouse culture the company wants to cultivate, but from the customers point of view, the convenience factor is attractive. Starbucks finished the year with 7,225 stores, and as laid out above, plans to add 1,300 new locations globally in fiscal 2004. Thats all while maintaining its excellent comps growth and producing total revenue growth of 20% and earnings growth of at least 20%. Ambitious, to be sure, though Starbucks hasnt given us a reason to doubt it yet. At 38 times the 2004 estimate of $0. 85, its stock, predictably, isnt allowing for much doubt, either.

Legal Framework - Employement Act Essay Example for Free

Legal Framework Employement Act Essay The company complained that Encik Pokok’s application for leave was only received by Encik Bunga on the 26th November 1996. The leave application was not approved because it was not following the company procedure and secondly, reasonable excuse was not given. Encik Pokok was dismissed without internal inquiry done. Encik Pokok claimed that he had submitted his leave application on the 23rd November 1996. His application was pass to his friend to be given to his supervisor, Encik Daun. He assumed that his leave application was authorized. Encik Pokok said that he went to the Pejabat Kadi on the 23rd November 1996 to settle his sister in law’s case and the next two days, to celebrate their engagement. For the 26th November 1996, he claimed he went to the labour office in Temerloh with his friend. Due to fatigue, he did not go to work. He made a verbal leave application to the company through one of the company’s officers who was available at that time. Encik Pokok claimed that he was unlawfully terminated. He complained that internal inquiry had to be done prior to his termination because it violates Section 14 of the Employment Act 1955 and Item 35 of the joint agreement. Power to make awards 35. —(1) A Court shall have power in relation to a trade dispute of which it has cognizance to make an award (including an interim award) relating to all or any of the industrial matters in dispute. (1A) A Court shall not consider a dispute relating to the dismissal of an employee or make an award relating to the reinstatement of an employee except in circumstances arising out of a contravention of section 82. 2) Notwithstanding subsection (1A), where an employee considers that he has been dismissed without just cause or excuse by his employer, in circumstances other than those arising out of a contravention of section 82, he may, within one month of such dismissal, make, through his trade union, representations in writing to the Minister to be reinstated in his former employment (3) The M inister may, before making decision on any such representations, by writing under his hand request the Commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse instated in his former employment. (4) The Minister, if he decides to deal with the representations himself, shall before making a decision thereon give an opportunity to the employer to make representations in writing as to the reasons why he considered the dismissal of the employee to be justified. 5) If, after considering the representations of the trade union and of the employer (if any) and any report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse he may, notwithstanding any rule of law or agreement to the contrary — (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister. 5A) The employer shall comply with the direction of the Minister under subsec tion (5). (6) The decision of the Minister on any representations made under this section shall be final and conclusive and shall not be challenged in any court or in a Court established under this Act. 7) Any direction by the Minister under subsection (5) shall operate as a bar to any action for damages by the employee in any court in respect of the wrongful dismissal (8) An employer who fails to comply with the direction of the Minister under subsection (5) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. 9) Where an amount to be paid under subsection (5) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (8), the amount, or so much thereof as remains unpaid, shall be recoverable by a District Court as if it were a fine and the amount so recovered shall be paid to the employe e entitled under the direction. Answer: As the defending lawyer, the Company did not make a correct decision in terminating Encik Pokok. The reason is because Encik Pokok has attempted to inform the Company by submitting the leave application form to Encik Daud through his friend on 23rd Nov 1996. Encik Pokok also made a verbal application for leave on the 26th November 1996 through a company official on duty at that time. This would mean that technically he was not absent for more than two consecutive days. Therefore ; According to Employment Act 1955, section 15(2), An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence. The Company also failed to conduct a domestic inquiry to give Encik Pokok a chance to defend himself and offer reasonable excuse why he failed to turn up for work. Therefore Section 14(1) of the Employment Act applies. According to Employment Act 1955 section 14(1), An employer may, on the grounds of misconduct inconsistent with the fulfillment of the express or implied condition of his service, after a due inquiry – (a) Dismiss without notice the employee; Habitual absenteeism (of less than two days at a time but on a frequent basis) would be defined as unauthorized absence from work on a certain number of days per month over a 6 month period. Initially warnings would be given, but if the absence persists, the employee may face dismissal. The failure to be punctual would be treated the same way as habitual absenteeism. In this case, the company failed to show whether Encik Pokok is a habitual absentee by not producing historical records of his attendance. However reported cases show that a breach of contract and termination are dealt as separate issues. As such a breach of contract may not lead to an automatic termination of employment. The consequence of such a breach would depend on the conditions of employment. Conclusion Encik Pokok was a victim of wrongful dismissal and the company must reinstate him immediately. The company has the right to issue written warning for the 24th and 25th November 1996 for unauthorized leave. Question 3 (b) You are defending lawyer for the Company. Has the Company made a correct decision in terminating Mr. Good . Discuss? Case facts: Mr. Good was charged with sleeping while on duty on 12th June 1997 at 7. 30pm in the music room at Tan Sri William Cheng’s house in Petaling Jaya. Mr. Good was instructed Vide a letter on 17th June 1997 to attend an inquiry on 20th June 1997 to hear the charge. Mr. Good says that he had been dismissed without due inquire. He denied that he had committed the offence alleged of and argued that the company had merely acted on suspicion. Answer: Company did not make a correct decision. This is due to the fact that Mr. Good was not caught sleeping red handed and Mr. Bad and Miss Sexy’s allegations were only implied. There were actually no eye witnesses. The court may conclude as it is only allegation as there is no evidence of Mr. Good committing the misconduct, as such the Company even failed to: 1) The Company did not conduct a domestic inquiry. The company should call for domestic inquire as it is an internal inquiry into some alleged misconduct by an employee. The main objectives of the domestic inquiry are to establish whether the alleged misconduct is proven or not and if the misconduct is proven, to recommend a punishment that is appropriate to the offence committed. The complainant is normally the management of the company but sometimes, can also be the victim of the alleged misconduct. At the domestic inquiry, the employer will present its case and the employee is given an equal opportunity to defend himself against the charges of misconduct. Under Employment Act 1955 Section14 (1) where an employer may on the grounds of misconduct inconsistent with the fulfillment of the express of implied conditions of his service, after due inquiry – 2) Absence of show cause letter or letter of disciplinary, As to Mr. Bad and Ms. Sexy’s statement on Mr. Good was caught committing the same offence 3 years ago, there were no records as the company did not issue any show cause letter or letter of disciplinary action. Conclusion The Company did not follow the proper dismissal procedures in accordance to Employment Act 1955, which relates to misconduct.

Work is one of the main ways individuals participate

Work is one of the main ways individuals participate Work is one of the main ways individuals participate in society and the workplace will be one of the principal communities to which a worker belongs. Judicial recognition of this has been slow to emerge. Traditionally the courts have focused very strongly on the employee's financial interest in the relationship. By so doing they tended to ignore the fact that what workers gain from employment is not merely wages. For instance, 'A person's employment is an essential component of his or her sense of identity, self-worth and emotional well-being[1].† Therefore this assignment will consider whether or not the duty of trust and confidence should be implied into every employment contract on policy grounds. This will be achieved by a detailed discussion of the position of mutual trust and confidence, including its development into the employment relationship. It will consider in detail the judicial position of mutual trust and confidence, it will be argued that this has become synonymous with the duty of trust and confidence, and the rationale for its inclusion can be seen as that of public policy. It is well known that an employer is subject to certain implied duties. One of the most important of these duties is the implied term of mutual trust and confidence, which as Cabrelli[2] points out â€Å"which from the perspective of the obligations imposed upon the employer, has been expressed as a duty upon the employer not, without reasonable and proper cause, to act in such a way as would be calculated or likely to destroy or seriously damage the relationship of trust and confidence existing between the employer and its employees[3]† The breadth of the definition of the implied duty of trust and confidence has spawned much litigation in recent years. This implied term has also generated a great deal of academic attention, having been described as assuming a 'central position in the law of the contract of employment[4]', as being 'undoubtedly the most powerful engine of movement in the modern law of employment contracts[5]' and as forming the 'cornerstone of the legal construction of the contract of employment[6]'. There is a view that the implied term of trust and confidence may evolve to engulf the more 'traditional' implied terms and this has been well expressed in academic circles. For instance, Freedland points out that: â€Å"Almost any particular implied term of the contract of employment could in theory be placed under [the] umbrella [of the general obligation of mutual trust and confidence]; it remains to be seen how far this framework approach will lead to the swallowing up of existing, hitherto distinct, implied terms[7]†. Whilst there have been a number of notable recent common law developments, the most significant may well be the emergence of mutual trust and confidence. This is in part because '[T]he open-textured nature of the term makes it an ideal conduit through which the courts can channel their views as to how the employment relationship should operate[8].' For instance, Hepple suggests, with reference to the ECHR, that 'since the court must act compatibly with convention rights, the duty of trust and confidence also embodies a duty to respect the convention rights of an employee[9]'. Another reason is the wide-range of situations which have been held to fall within the ambit of the term[10]. Moreover, it may be that in time, 'the obligation will come to be seen as the core common law duty which dictates how employees should be treated during the course of the employment relationship[11]'. Trust and confidence' is used to refer to a type of fiduciary relationship the key element of which is the duty to act in the interest of another. In employment law, however, trust and confidence has a different meaning. It refers to an obligation implied into all employment contracts, which requires the parties not to conduct themselves in a way which is likely or calculated to destroy the relationship of trust and confidence between them. As an implied term it is subject to the usual rules of implication, including the possibility that the parties may be able to exclude its application[12]. Furthermore, the implied obligation of trust and confidence is mutual, in that both employer and employee must maintain a good working relationship. Fiduciary duties, on the other hand, are not mutual; they are always owed by one person to another. The notion of trust and confidence developed out of the well-established requirement of co-operation. Despite its name, this duty was traditionally imposed on employees only, most notably in the form of the obligations of obedience and faithful service[13]. In the mid to late 1970s the courts began to reverse the duty of co-operation and to impose new obligations on employers. At first this occurred in cases where there was a particular relationship between the parties[14] or where the conduct of the employer was particularly serious[15]. A general principle was formulated in Wood v Freeloader[16], where the chairman of the tribunal held that 'there is an implied duty of co-operation between employer and employee and in particular a duty implied by law that an employer will not do anything which would undermine the continuation of the confidential relationship between employer and employee'. The present formulation of the implied term was finally put forward in the case of Courtaulds Northern Textiles Ltd v Andrew[17], and was accepted by the Court of Appeal in Lewis v Motorworld Garages Ltd[18] and by the House of Lords in Malik v BCCI[19]. It has, therefore, been argued that the concept of trust and confidence was developed in employment law through the adaptation of an existing contractual concept, without reference to fiduciary duties. In recent years both courts and academics have recognised that employment is in many respects not comparable to a straightforward exchange-based contract, and that therefore a significant degree of co-operation is required of both parties. However, contract remains at the heart of the employment relationship, and in classic contract law, the parties are only obliged to co-operate to the extent that is necessary to make performance of the agreement possible[20]. In the context of employment this means that each party must have regard to the interests of the other, but, as Elias J rightly emphasised in Fishel, they need not put those interests ahead of their own. In his paper 'Beyond Exchange: The New Contract of Employment[21]' Brodie raises the question as to 'whether the law of the employment contract as a whole will continue to evolve so that the contract could be categorised as one of good faith. To put it another way, will the contract become one of good faith rather than merely a contract which contains elements of good faith'. This recognition of the implied term's potential for further development is to be welcomed. Linda Clarke has also formulated an argument for a changed perception of the employment relationship, on the basis of the implied term: 'by recognising the employment relationship as a fiduciary one, it will be easier to argue for the extension of the implied term of mutual trust and confidence to cover positive duties to give employees information'. It is certainly true that the employee in University of Nottingham v Eyett[22] would have been better off, had his employer been under a duty to volunteer information. However, this result can be achieved without turning employment into a fiduciary relationship. There is no reason why the implied obligation to maintain trust and confidence should not be used to impose positive duties on both employers and employees. If used to its full potential, it can provide an adequate degree of employee protection. Regarding employment as fiduciary in nature would, instead of advancing employee rights, carry serious negative connotations f or employee autonomy, by exposing employees to a corresponding duty to provide information. The case of Visa International Service Association v Paul[23] is a case which is worthy of consideration here. In this case it was held that an employer breached the implied duty of trust and confidence where they failed to inform an employee of the emergence of a post for which she considered herself suitable. Indeed, it provides support for the emergence of an overarching and distinct concept of trust and confidence since it suggests that an employee can be successful if they raise a claim for recovery of economic loss for a failure of the employer to inform based on a repudiatory breach of the duty of trust and confidence[24]. One view of the result in Visa International is that it conceptualises the duty of trust and confidence as an overarching premise distinct from the other 'traditional' implied duties. An important issue which the courts and tribunals have had to consider is the import of an express term in a contract of employment which is, on the face of it, incompatible with an implied term. The question here is whether the latter is sufficient to disapply the former or vice versa-in other words, what happens in the case of a 'clash of contractual terms'? Johnstone is the most important case in this area and deals with this issue. In Johnstone, the written contract of employment stated that a junior doctor was under a duty to work 40 hours a week and that the employer had the discretion to compel the employee to work for a further 48 hours per week. What is noteworthy is that there was no express waiver of the implied duty to exercise reasonable care. Instead, the question was whether the express terms on working hours were disapplied by the implied duty to exercise reasonable care. In Johnstone[25], the judges in the Court of Appeal were divided on how to deal with the incompatibility issue. To summarise, in his dissenting judgement, Leggatt LJ held that an implied term could not supersede an express term. Conversely, Stuart-Smith LJ held that an express term could be disapplied by an implied term where the two conflicted and the implied term ought to prevail based on 'principle'. Browne-Wilkinson V-C held that the implied term must coexist with the express term without conflict. The 'Browne-Wilkinson' approach can be reformulated in two ways: First, as another way of saying that an implied term cannot supersede an express term; or, alternatively, as holding that the scope of the employer's implied duties required to be carved with reference to the express terms of the contract. The question is whether the analysis in Johnstone translates to the implied duty of trust and confidence. The answer would appear to be that the effect of the incompatibility problem is resolved in the same way, regardless of the type of implied duty. Second, and shifting the focus from the generic employment contract to the implied duty of trust and confidence itself, the courts have indicated obiter that they will uphold exercises in contracting out of the implied duty. In Malik, Lord Steyn stated that the implied term of mutual trust and confidence operated as a default rule, and that the parties were free to exclude it or modify it[26]. This analysis is entirely consistent with the decision of the House of Lords in Johnson v Unisys Ltd[27]. Of course, there are limits to the doctrine of contracting out. For example, the argument in Horkulak v Cantor Fitzgerald International[28] that the size of an employee's remuneration and benefits package written into their contract of em ployment justified the disapplication of the duty of trust and confidence was not upheld. However, what we do have is an indication by the House of Lords that the implied duty is a default rule and as such susceptible to exclusion, modification or limitation. For this reason, the writer would submit that based on the conceptual underpinning of UCTA and the dicta of Lord Steyn in the House of Lords on a balanced view, contracting out of the implied duty of trust and confidence is possible. There is a view that the mutual duty of trust and confidence is unavailable in a positive sense to compel the employer to take action or enjoin conduct. Instead, it is said that its main purpose is to prohibit conduct damaging to the employment relationship. The argument holds that one means of distinguishing between the two implied duties is by invoking the positive/negative dichotomy. However, it is submitted that the assertion that the duty of trust and confidence only applies in a negative context, i.e. to hold that the conduct of the employer amounted to a repudiatory breach of contract is incorrect. There are many cases which demonstrate that omissions by an employer will also be sufficient to amount to a repudiatory breach of the duty of trust and confidence. For example, in Reed v Stedman[29], the employer's failure to investigate an employee's complaints (to colleagues) of sexual harassment was enough to justify a finding of breach of trust and confidence. On the basis of the above cases[30], it would appear that the positive/negative conduct dichotomy cannot be used as a means of denying evidence for the evolution of an abstractual, all-embracing concept of mutual trust and confidence which is equivalent to the sum of its parts. An analysis of the law in this area and of academic opinion, demonstrates quite clearly the need for the duty of trust and confidence, it is difficult to see how an employment contract can succeed without such an implicit duty. This is a basic duty which in its simplest form requires the employer to respect the worker and for the worker to respect his employee, it is difficult to see how an employment relationship could be successful without this basic requirement, despite judicial opinion to the contrary. Therefore it must be concluded, that currently all successful employment relationships require this basic duty to succeed, and in response to the question posed public policy does require that such a duty be imposed into every successful employment contract. This would not only regulate the employment relationship but it would ensure that it was a happy and successful relationship, one that benefited society. Bibliography Cases Croft v Consignia plc [2002] IRLR 851 Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84 Fyfe McGrouther v Byrne [1977] IRLR 29 Isle of Wight Tourist Board v Coombes [1976] IRLR 413 Johnson v Unisys Limited [2001] IRLR 279 Johnstone v Bloomsbury Area Health Authority [1991] IRLR 118 Lewis v Motorworld Garages Ltd [1984] IRLR 465 Malik v BCCI [1997] IRLR 462 Nottingham v Eyett [1999] IRLR 87 Re Public Service Employee Relations Act [1987] 1 SCR Reed v Stedman [1999] IRLR 299 TSB Bank v Harris [2000] IRLR 157 Visa International Service Association v Paul [2004] IRLR 42 Wood v Freeloader [1977] IRLR 455 Waltons v Morse Dorrington [1997] IRLR 488 Journal Articles Brodie D, (1998) â€Å"Beyond Exchange: The New Contract of Employment† 27 Industrial Law Journal 79 Burrows,(1968) â€Å"Contractual Co-operation and the Implied Term† 31 Modern Law Review 390 Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal 121 Collins H,(2003)†Employment Law†, Oxford: Oxford University Press Collins H,(2003)†Employment Law†, Oxford: Oxford University Press Books Bowers J Honeyball S, (2002) â€Å"Bowers and Honeyball Textbook on L Labour Law†, Oxford University Press Cabrelli D, (2005) â€Å"The Implied Term of Mutual Trust and Confidence: An Emerging Overarching Principle?† Industrial Law Journal 34 (284) Deakin s Morris G, (2003) â€Å"Labour Law†, Third Edition, Lexis Nexis Dudington J, (2003) â€Å"Employment Law†, Pearson Higher Education Freedland M,(2003) â€Å"The Personal Employment Contract† Oxford: Oxford University Press Lewis D Sargeant M, (2005) â€Å"Employment Law† , Pearson Higher Education Press Willey B, (2003) â€Å"Employment Law in Context†, Pearson Professional Education 1 Footnotes [1] Re Public Service Employee Relations Act [1987] 1 SCR 313 at 368, per Dickson CJ J [2] Cabrelli D, (2005) â€Å"The Implied Term of Mutual Trust and Confidence: An Emerging Overarching Principle?† Industrial Law Journal 34 (284) [3] Malik v BCCI [1998] AC 20, 35 per Lord Nicholls and 45 per Lord Steyn adopting the wording of Browne-Wilkinson J in Woods v WM Car Services (Peterborough) Ltd [1981] ICR 666, 670 [4] Brodie D,(2001) â€Å"Mutual Trust and the Values of the Employment Contract†30 Industrial Law Journal 84 [5] Freedland M,(2003) â€Å"The Personal Employment Contract† Oxford: Oxford University Press [6]Collins H,(2003)†Employment Law†, Oxford: Oxford University Press, [7] Freedland M,(2003) â€Å"The Personal Employment Contract† Oxford: Oxford University Press at page 159 [8] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal 121 at 126 [9] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal [10] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal [11] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal [12] See Malik v BCCI [1997] IRLR 462; Johnstone v Bloomsbury Area Health Authority [1991] IRLR 118 [13] see, for example, Secretary of State for Employment v Associated Society of Locomotive Engineers and Firemen (No 2) [1972] 2 QB 455 [14] Isle of Wight Tourist Board v Coombes [1976] IRLR 413 [15] Fyfe McGrouther v Byrne [1977] IRLR 29 [16] [1977] IRLR 455 [17] [1979] IRLR 84 [18] [1984] IRLR 465 [19] [1997] IRLR 462 [20] Burrows,(1968) â€Å"Contractual Co-operation and the Implied Term† 31 Modern Law Review 390 [21] Brodie D, (1998) â€Å"Beyond Exchange: The New Contract of Employment† 27 Industrial Law Journal 79 [22] [1999] IRLR 87 [23] [2004] IRLR 42 [24] Cabrelli D, (2005) â€Å"The Implied Term of Mutual Trust and Confidence: An Emerging Overarching Principle?† Industrial Law Journal 34 (284) [25] Johnson v Unisys Limited [2001] IRLR 279 [26] Malik v BCCI [1998] AC 20 [27]Johnson v Unisys Limited [2001] IRLR 279 [28] [2003] IRLR 756 [29] [1999] IRLR 299 [30] There are other cases where the failure of the employer to take positive action was held to amount to a breach of trust and confidence, see e.g. TSB Bank v Harris [2000] IRLR 157 and Waltons v Morse Dorrington [1997] IRLR 488. See also Lindsay P in Croft v Consignia plc [2002] IRLR 851, 859

Huck Finn :: essays research papers

The Adventures of Huckleberry Finn By Mark Twain The Adventures of Huckleberry Finn is a story about a young boy who is very wild at the beginning and tries to become â€Å"civilized†. The story is set in the middle 1800’s in the town of St. Petersburg, Missouri. The story begins as with Huck running away from home. His buddy Tom Sawyer tells him if he goes home, Huck can be in a band of robbers. So he goes home. The Widow Douglas, who adopted Huck, tries to teach him about Moses. Huck later finds out that Moses is dead, so he loses interest. The Widow’s sister, Miss Watson tries to teach Huck how to spell. Huck sneaks out with Tom and tiptoe through the widow's garden. Huck trips on a root as he passes by the kitchen. Jim, one of Miss Watson's slaves, hears him from inside. They don’t get caught. Meanwhile, a rumor circulates that Huck's father, who has not been seen in a year, is dead. A body was found in the river, thought to be his father because of its "ragged" appearance. The face, however, was unrecognizable. At first Huck is relieved. His father had been a drunk who beat him when he was sober, though Huck stayed hidden from him most of the time. Based on the description of the body found, however, Huck soon realizes that it was not his father, but a woman dressed in men's clothes. He worries that his father will soon reappear. Nothing happens in Tom’s â€Å"gang†, so the other boys lose interest and quit. School starts and Huck shows improvement. Huck later sees his father. His father gets mad because Huck is the first person in the family to learn how to read. One day Huck’s father kidnapped him, and takes him to a cabin. He locks Huck in it all day. Huck finds a saw and saws through the wall and almost gets out, but his father catches him. Huck runs away again, everyone thinks that Jim killed him, since he vanished the same day Huck did.

Sprite :: GCSE Business Marketing Coursework

Sprite â€Å"Image is Everything† â€Å"Thirst is Everything, Image is Nothing† we have all seen this slogan slapped on to every one of Sprite’s products for last couple of months. But what does it mean? Does it mean that someone at a Pepsi convention should order a Sprite, a Coke product, just cause they like the taste? Of course not, cause if they did they would get kicked out at the very least. Advertisers use this sort of slogan to catch your attention, and then they have you right where they want. In the most recent Sprite commercials that feature Grant Hill of the Detroit Pistons, they show us that the reason why we would have a Sprite is just for the taste of it. But if this was all they are trying to get across to us wouldn’t it be cheaper and wiser to use a 6 dollar per hour kid rather than a guy that won’t step foot in a place for less that a 100 grand. Why would they make a commercial that contradicts itself? The reason an advertisement would contradict itself like thi s is for one reason only, to try and fool our wants and desires into becoming our needs. Our needs are simply something that is a necessity for us to survive, such as food and water. We all know we couldn’t go long without these simple yet essential things. While our wants and desires for things such as five star restaurants and luxury cars. Which by no means are needed to survive, but just make living all the more fun. Advertisers are masters on how to exploit our desires, and to make us believe that they are our needs. And it is by no means is this easy or cheap for a commercial to be able to do. To be able to make us believe that our life would, in some way, be better with this product by our side. Sprite’s commercial that plays every time you blindly surf the television channels are all about image. The commercial that is shown the most, features Grant Hill drinking a Sprite. While they state in the back round and print on the screen, â€Å"Thirst Is Everything, Image Is Nothing†. When I first saw this I was thinking, â€Å"cool a great drink that anyone can have and not look out of place†.

censorship sucks @*$ Essay examples -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  The word censorship dates back to the sixth century B.C. in the Roman Empire. Roman officials titled censors would assess citizen’s property, and they would proclaim its value. The wealthier a citizen was the more rights that citizen received. Censorship is defined presently as the suppression of all or part of a publication, play, or film considered offensive or a treat. Unfortunately due to current political and social circumstances, or just very wealthy right winged conservatives; the oppression of censorship has been stretched over the very head of the first amendment like the lower lip of a man stretched over his head. Countless times in our society we find cases of over censoring, causing many to question whether or not censorship has a rightful place anymore?   Ã‚  Ã‚  Ã‚  Ã‚  In The New York Times there was an article printed about a censorship issue at New York University’s Tisch School of the Arts. In October of 2003 a film student named Paula Carmicino was told to stop production on four-minute documentary of the â€Å"portrayal of the contrast between unbridled human lust and banal everyday behavior.† They administration felt that her film was inappropriate, even for a university. The film required two actors to have sex on camera in front of the class. Her professor approved, but the administration of the Tisch School saw it as not acceptable. The matter caused a very tempestuous situation on campus.   Ã‚  Ã‚   ...

Highway Marking Paints Essay

This report has been created as per the details of the letter received on 18th March from Morris Hordern, Senior Engineer of the Highways Department, and contains the results of the tests conducted by Proactive Consultants Inc. on all the available new highway paints. On the basis of our tests and in our professional opinion, Centrex’s new paint TL is the best option for highway marker painting. Highway Marking Paints 2 This project was carried out in order to test the suitability of the newly available range of highway marking paints which claim to be of better quality in terms of visibility, spraying characteristics and speed of drying. The marker painting was conducted between 12 a.m and 6 a.m. The following table documents the consolidated results of our study. The paints are lined up in the table on the basis of suitability, the best one being the first in the table. Paints that did not meet the minimum standards (as specified by ASTM D-711) of twenty minutes drying time, good spraying characteristics(as prescribed by Paint Manufacturers Association’s specification PMA-02-28H) and visibility of 7 and 6 after three months and six months of traffic wear respectively have been eliminated. Codes assigned to the paints on 25th March, 2010 (the start date of the tests) have been used to eliminate any chance of bias or manipulation. The tests were conducted on two stretches of highway- Highway 17 (concrete surface), 1.5 miles north of the intersection with Highway 43. Highway 43 (asphalt surface) 1 mile west of the intersection with Highway 17. Visibility has been rated as per the judgment of myself and 4 other drivers associated with Proactive Consultants Inc. Day visibility is judged from a distance of 500 yards (500 being a perfect 10). The points drop by two for every 100 yards less of visibility. These tests were conducted on 25th June, 2010. Night visibility is judged using high beam from a distance of 200 yards (visibility from 200 yards being a perfect 10). The points drop by two for every 40 yards less of visibility. These tests were conducted on 25th September, 2010. Based on our tests, the two best paints for highway marking are WC (which is Hi-Linear Products white paint- HILITE) and YR (which is Centrex Inc.’s new TL yellow paint) The two paint are almost equal in terms of quality. Centrex’s TL yellow paint takes 3 minutes less to dry, has slightly better visibility on concrete, after both 3 months and 6 months. The HILITE paint takes 3 minutes more than Centrex’s paint to dry has slightly better visibility on asphalt after both 3 months and 6 months. In my professional opinion, Centrex’s new TL yellow paint is the most suitable on for highway marker painting for the following reasons: 1) It is the strongest paint overall, better suited for highway marker painting than any other white or yellow highway paint, 2) Centrex is a company with which the Highway Department has been working and is thus a trustworthy source.

Wwi Apush Essay

WHAT’S HAPPENING IN OUR WORLD As World War I was raging in Europe, a political and social revolution defined by a struggle between the labor class and capitalists was taking place in Russia. This fear of communism became known as the Red Scare, and was very prominent in the early 1900s. The Russian Revolution of November 1917 made it clear that communism was no longer simply a theory, but now an important regime. Just as the Russian communists had appointed themselves the â€Å"champions of the workers,† the tiny U.S. group of communists had also taken up the workers’ cause. The American Communist Party was formed in 1919. They were quick to align with the pressing union issues, especially labor strikes brought about by high post-war prices. This alignment unsettled an American public already annoyed with a wave of strikes. The first notable strike occurred in February 1919, when Seattle was brought to a virtual standstill.Another round of strikes starting in Sep tember 1919, organized by the radical William Foster, resulted in approximately 340,000 steelworkers, factory workers, and dockworkers declaring a strike, which continued to heighten popular suspicion. These strikes are important because they marked a grave setback that crippled the union movement for over 10 years. In 1921, the Shepard Towner Maternity and Infancy Act, one of the first pieces of federal welfare legislation that provided funds for supporting the health of women and infants, was passed.The Sheppard-Towner Act was important because it provided for federal matching funds for such programs as health clinics for women and children, visiting nurses to educate and care for pregnant and new mothers, midwife training, and distribution of nutrition and hygiene information. So, in some cases, the fear of communism is beneficial, but, in others, the fear results in loss of jobs.

Psy 240 – Lesson 2 Essay

Identify the teratogens covered in this chapter and birth defects/disorders they can cause. Format your response as though you were giving a brief prevention lecture to young married couples. Your answer should be no fewer than 400 words in length. We are all aware of genetic and hereditary factors that may impact the health of the newborn baby. However, our ability to prevent genetic disorders is limited to genetic testing of parents and prenatal diagnostic methods that can reveal early warning signs of genetic defects before birth.Another group of factors that can greatly influence the health and the development of a baby are environmental agents. These agents are commonly referred to as teratogens and include any environmental agent that can cause damage during the prenatal period. Unlike genetic factors, the damaging effects of the teratogens during the prenatal period and after birth are almost completely preventible by the parents. Most common teratogens that can impact pregnan cy and child development are: prescription and non-prescription drugs, illegal drugs, alcohol, tobacco, infectious disease, radiation and environmental pollutants.Many prescription and non-prescription drugs exert side-effects that may be harmful during the prenatal period. Even when these side-effects are not noticeable or are not affecting the mother they may be interfering with the normal prenatal development of the baby during early and later stages of the pregnancy. For this reason all newly-expecting women or those planning to become pregnant need to consult with a doctor about any prescription drugs they may have been taking and certainly before starting therapy with any new medications.Many people consider non-prescription or â€Å"over-the-counter† drugs to be safe because no physicians prescription is required for their purchase. This is a common and often a dangerous mistake. Many â€Å"over-the-counter† drugs and products are not classified as drugs but rat her as nutritional supplements and as such don't require FDA licensing and control. In general these products can be dangerous to health since their contents and action mechanism have not be adequately or scientifically tested. Their consumption by pregnant or planning -to-become pregnant women can be particularly dangerous.New mothers need to consult a medical professional before using any over-the-counter products including vitamin and mineral supplements. Another category of common products that often get overlooked but can be dangerous to prenatal development and infant health are cosmetics. Many cosmetic products contain chemicals that can be harmful to the mother and the baby. For instance, many anti-acne products and â€Å"blemish-removal† products contain retinol and retinoic acid which can affect the baby during the first trimester.The retinol based â€Å"over-the-counter† products, such as Retine-A cream, are similar to the prescription drug Accutane which is prohibited for use by pregnant women as it causes damage to baby's eyes, brain, immune system, ears and skull. Other commonly used beauty products can be dangerous as well. Some examples are lipsticks that may contain lead, lotions and creams containing paraben, hair colors, tanning products and many more. The best prevention is to avoid use of pharmaceuticals, supplements and cosmetics before and during pregnancy without consulting a doctor first.The use of illegal drugs prior to and during pregnancy and while breast feeding is extremely damaging to the baby. Commonly used â€Å"street drugs† such as cocaine, heroin, marijuana, methamphetamines and their derivatives cause a multitude of prenatal development abnormalities and can cause a lasting damage to the child's physical and mental health. Some of these abnormalities include: low birth weight, respiratory and cardiac difficulties, vision and hearing problems, metabolic abnormalities, premature birth and can cause death during or shortly after birth.Damage to the nervous system is particularly evident among illicit-drugs affected newborns and they are usually irritable, exhibit neurotic crying and often have lasting cognitive and social development difficulties and behavioral problems. The use of cocaine, heroin, methamphetamines and other so called â€Å"heavy drugs†, pre- and, during pregnancy and while breast feeding is especially dangerous as it causes the drug addiction of the newborn.The maternal use of marijuana causes a multitude of physical and psychological problems to the newborn including low birth weight, brain development abnormalities, depression and learning difficulties. Though it can not be linked to the inherited drug-addiction of the newborn, the use of â€Å"street drugs† by a father has been linked to a multitude of genetic diseases transferred to the off-spring. Though the exact modalities have not yet been determined for every drug, it is certain that use of dr ugs by a father causes mutations of the paternal DNA and therefore impacts the genotype of the baby.Persons with drug addiction problems planning to start a family should consult a medical professional well ahead of becoming pregnant to plan a course of action to cease the drug abuse and limit its damaging effects on the baby as well as parents. Already pregnant women with drug abuse problems need to contact the doctor as soon as possible to assess the risk and plan the best course of action needed. Alcohol consumption is one of the most damaging factors to a healthy pregnancy and birth. Mistakenly, most people consider â€Å"social drinking†, a consumption of one to two drinks daily or few time per week, to not be damaging to health.Though some evidence exists that a low or moderate consumption of alcohol can be beneficial to cardiovascular health, it is well established that even small amounts of alcohol during pregnancy can be detrimental to the prenatal development of the child. Alcohol causes a variety of prenatal development abnormalities jointly referred to as fetal alcohol syndrome (FAS). The FAS manifests itself in recognizable cranio-facial morphological deformities such as widely spaced eyes, a thin upper lip, small upward pointing nose, short eye-lid openings and a small head.The overall growth of the child is slowed. Furthermore, FAS causes a multitude of mental abnormalities such as attention, memory and language deficits, hyperactivity and abnormal motor skills and coordination. It has been established that these abnormalities result from the damaging effects of alcohol on neuron development in the early phases of pregnancy. Due to the overexpendature of oxygen by mother's body during alcohol metabolism, the fetus is often oxygen deprived which further contributes to development of the above mentioned health problems.Though the amount of alcohol consumed during pregnancy determines the extent of the damage caused, even small amounts of al cohol consumed can cause some of the symptoms listed. This milder form of FAS is referred to as fetal alcohol effects (FAE) and is equally concerning. Similarly to illegal drugs use, a link had been established between consumption of alcohol by a father and the mutations it causes to the paternal DNA which leads to multiple genetic defects of the offspring. All couples planning to bear children should stop all alcohol consumption well ahead of the time of pregnancy.Those with alcohol dependency should seek professional help in quitting drinking as alcoholism is a disease and requires a complex approach to physical and psychological issues that are causing it. The damaging effects of smoking on human health are well known but large number of child-bearing aged women still use tobacco regularly. The use of tobacco before, during and after the pregnancy has been linked to a multitude of infant health problems during the prenatal period and childhood. The tobacco using women are at a hi gher risk of miscarriage during pregnancy.It is a well known fact that nicotine, which is a vasoconstrictor, prevents an adequate blood flow to the uterus and causes defects to the placenta. In turn, the exchange of the nutrients between a mother and the baby is disturbed resulting in fetal malnutrition and low birth weight. As we know, low birth weight is a main predictor of the physical and mental developmental difficulties of the child. Nicotine affected babies are often born prematurely and exhibit cardiac and respiratory problems such as arrhythmia, asthma, sleep apnea, and are at a higher risk of developing cancer during childhood.The rate of infant death is also higher among this population of newborns. Even if physical health problems are not obvious, many nicotine-exposed babies display a certain degree of behavioral problems during their development. These can range from diminished sensory response, such as that to a sound, through over stimulation by touch and vision to a multitude of learning impairments. The best prevention to the nicotine-exposure health related issues is quitting smoking well before becoming pregnant.Even quitting smoking during pregnancy will greatly reduce the health risks to the baby. Joint quitting of smoking by both parents is usually the most successful approach as partners are able to support each other during this difficult endeavor. Exposure to the second hand smoke during pregnancy is equally as damaging to both mother and the baby. Again, quitting smoking and avoiding exposure to the second hand smoke will not only protect the child but also improve the health of the parents in the long run.All sexually active persons need to regularly undergo testing for sexually transmitted diseases (STDs). Prevention of, and regular testing for, STDs shows not only a concern about personal health but also a responsible approach to protecting the health of the partner and especially the health of the children the relationship may re sult in. Many STDs and infectious diseases are easily transferred during conception and from the mother to the embryo during this critical period of prenatal development. Many of these infections can cause serious and long-term defects to the fetus as well.Common birth defects caused by infection transmission during pregnancy include mental retardation, cardiac, respiratory and digestive system problems, vision and hearing damage and multitude of other conditions. One of the most dangerous STDs transferred from an infected mother to a baby is human immunodeficiency virus (HIV) which causes AIDS. The HIV-infected babies develop symptoms of AIDS much faster than adults. The disease progression can be as rapid as a few months after birth with most ill babies dying within first 5-8 months after birth.Women aware of their HIV positive status should consult with the specialist if planning on becoming pregnant to asses risk and discuss possible prophylactic methods that can be employed to prevent transmission. Couples and individuals planning on pregnancy should test for infectious diseases before conception and address any concerns they may have with a health care professional. In the case of HIV, many newly-developed anti-retro viral therapies can prevent the risk of transmission onto baby by as much as 95%.Other infectious diseases that should be of concern when planning pregnancy or when pregnant are herpes, hepatitis, rubella, toxoplasmosis, syphilis, etc. Exhaustive testing for infectious diseases by both parents performed by a specialist is the best prevention of pregnancy complications and transmission to the newborn. Another teratogen that is of concern when evaluating the prenatal health is radiation. Though not as commonly encountered as other teratogens, radiation can be as devastating to the prenatal and postnatal development of the child.Exposure to radiation during pregnancy often leads to a miscarriage or birth defects such as physical deformities, ce ntral nervous system abnormalities, slow growth as well as a multitude of learning and emotional problems. Pregnant women and those planning on becoming pregnant should avoid exposure to radiation such as occupational exposure, for example radiology technicians, or medical exposure such as during exams with x-rays and other radioactive agents. Men should avoid exposure to radiation as well, as radioactive agents can cause mutations of the paternal DNA which can lead to birth defects of the offspring.Any concerns about possible radiation exposure need to be addressed with a medical professional as many methods are available to prevent and limit the damaging effects of radiation. Environmental pollution is probably a teratogen that is the hardest to avoid or prevent. As we know our ecosystem, be it the air, the land or the water, is heavily polluted with many agents and has lead to an increase of cancers, respiratory, neurological, hereditary and many other diseases in human populatio n. Unfortunately, environmental pollutants affect humans from our early days of prenatal development.One of the main ways babies get exposed to this teratogen is through the nutrient exchange during the prenatal development. The pollutants transferred through these means include mercury and other heavy metals found in contaminated food and water. The exposure to heavy metals during the prenatal development has been implicated with causing a multitude of abnormalities of the nervous system and psychological disorders. Many toxins commonly found in the products for everyday use cause many metabolic, immunity and respiratory disorders that have a long lasting effects on the health of the newborn.Environmental pollution is directly linked with childhood cancers as well as hereditary predisposition for cancer development. Some of the measures that can be taken during pregnancy to minimize the damaging effects of this teratogen include limiting the consumption of large predatory fish, suc h as salmon and tuna, which are often high in their mercury content, avoiding antibiotics and steroids contaminated meats as well as pesticide treated fruits and vegetables.Staying indoors and using air-filtration systems during high air-pollution days can prevent exposure to carbon monoxide and combustion byproduct gases. The use of industrial and chemical cleaning agents and chemicals should be avoided or limited to a minimum. As we can see there are many teratogens we are exposed to daily and though they damage our health it is especially frightening to think of the effects they have on the health of our unborn babies.Though these concerns are valid they should not stand in the way of enjoying the pregnancy, child birth and child rearing as the most pleasant and enriching experience of the lifetime. As we have learned most of the damaging effects of teratogens can be avoided and prevented through education, being aware of the risk factors and being proactive in taking steps to av oid the exposure and damage by practicing healthy living habits and seeking help when needed.